[Congressional Record (Bound Edition), Volume 157 (2011), Part 15]
[House]
[Pages 20289-21088]
[From the U.S. Government Publishing Office, www.gpo.gov]




 CONFERENCE REPORT ON H.R. 2055, CONSOLIDATED APPROPRIATIONS ACT, 2012

  Mr. ROGERS of Kentucky submitted the following conference report and 
statement on the bill (H.R. 2055) making appropriations for military 
construction, the Department of Veterans Affairs, and related agencies 
for the fiscal year ending September 30, 2012, and for other purposes:

                  Conference Report (H. Rept. 112-331)

       The committee of conference on the disagreeing votes of the 
     two Houses on the amendment of the Senate to the bill (H.R. 
     2055), making appropriations for military construction, the 
     Department of Veterans Affairs, and related agencies for the 
     fiscal year ending September 30, 2012, and for other 
     purposes, having met, after full and free conference, have 
     agreed to recommend and do recommend to their respective 
     Houses as follows:
       That the House recede from its disagreement to the 
     amendment of the Senate and agree to the same with an 
     amendment as follows:
       In lieu of the matter proposed to be inserted by the Senate 
     amendment, insert the following:

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Consolidated Appropriations 
     Act, 2012''.

     SEC. 2. TABLE OF CONTENTS.

       The table of contents of this Act is as follows:

Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. References.
Sec. 4. Statement of appropriations.
Sec. 5. Availability of funds.

       DIVISION A--DEPARTMENT OF DEFENSE APPROPRIATIONS ACT, 2012

Title I--Military Personnel
Title II--Operation and Maintenance
Title III--Procurement
Title IV--Research, Development, Test and Evaluation
Title V--Revolving and Management Funds
Title VI--Other Department of Defense Programs
Title VII--Related agencies
Title VIII--General provisions
Title IX--Overseas contingency operations

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

Title I--Corps of Engineers--Civil
Title II--Department of the Interior
Title III--Department of Energy
Title IV--Independent agencies
Title V--General provisions

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

Title I--Department of the Treasury
Title II--Executive Office of the President and Funds Appropriated to 
              the President
Title III--The Judiciary
Title IV--District of Columbia
Title V--Independent agencies
Title VI--General provisions--This Act
Title VII--General provisions--Government-wide
Title VIII--General provisions--District of Columbia

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

Title I--Departmental management and operations

[[Page 20290]]

Title II--Security, enforcement, and investigations
Title III--Protection, preparedness, response, and recovery
Title IV--Research and development, training, and services
Title V--General provisions

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

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

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

Title I--Department of Labor
Title II--Department of Health and Human Services
Title III--Department of Education
Title IV--Related agencies
Title V--General provisions

        DIVISION G--LEGISLATIVE BRANCH APPROPRIATIONS ACT, 2012

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

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

Title I--Department of Defense
Title II--Department of Veterans Affairs
Title III--Related agencies
Title IV--Overseas contingency operations
Title V--General provisions

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

Title I--Department of State and related agency
Title II--United States Agency for International Development
Title III--Bilateral economic assistance
Title IV--International security assistance
Title V--Multilateral assistance
Title VI--Export and investment assistance
Title VII--General provisions
Title VIII--Overseas contingency operations


     SEC. 3. REFERENCES.

       Except as expressly provided otherwise, any reference to 
     ``this Act'' contained in any division of this Act shall be 
     treated as referring only to the provisions of that division.

     SEC. 4. STATEMENT OF APPROPRIATIONS.

       The following sums in this Act are appropriated, out of any 
     money in the Treasury not otherwise appropriated, for the 
     fiscal year ending September 30, 2012.

     SEC. 5. AVAILABILITY OF FUNDS.

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

       DIVISION A--DEPARTMENT OF DEFENSE APPROPRIATIONS ACT, 2012

                                TITLE I

                        Military Personnel, Army

       For pay, allowances, individual clothing, subsistence, 
     interest on deposits, gratuities, permanent change of station 
     travel (including all expenses thereof for organizational 
     movements), and expenses of temporary duty travel between 
     permanent duty stations, for members of the Army on active 
     duty, (except members of reserve components provided for 
     elsewhere), cadets, and aviation cadets; for members of the 
     Reserve Officers' Training Corps; and for payments pursuant 
     to section 156 of Public Law 97-377, as amended (42 U.S.C. 
     402 note), and to the Department of Defense Military 
     Retirement Fund, $43,298,409,000.

                        Military Personnel, Navy

       For pay, allowances, individual clothing, subsistence, 
     interest on deposits, gratuities, permanent change of station 
     travel (including all expenses thereof for organizational 
     movements), and expenses of temporary duty travel between 
     permanent duty stations, for members of the Navy on active 
     duty (except members of the Reserve provided for elsewhere), 
     midshipmen, and aviation cadets; for members of the Reserve 
     Officers' Training Corps; and for payments pursuant to 
     section 156 of Public Law 97-377, as amended (42 U.S.C. 402 
     note), and to the Department of Defense Military Retirement 
     Fund, $26,803,334,000.

                    Military Personnel, Marine Corps

       For pay, allowances, individual clothing, subsistence, 
     interest on deposits, gratuities, permanent change of station 
     travel (including all expenses thereof for organizational 
     movements), and expenses of temporary duty travel between 
     permanent duty stations, for members of the Marine Corps on 
     active duty (except members of the Reserve provided for 
     elsewhere); and for payments pursuant to section 156 of 
     Public Law 97-377, as amended (42 U.S.C. 402 note), and to 
     the Department of Defense Military Retirement Fund, 
     $13,635,136,000.

                     Military Personnel, Air Force

       For pay, allowances, individual clothing, subsistence, 
     interest on deposits, gratuities, permanent change of station 
     travel (including all expenses thereof for organizational 
     movements), and expenses of temporary duty travel between 
     permanent duty stations, for members of the Air Force on 
     active duty (except members of reserve components provided 
     for elsewhere), cadets, and aviation cadets; for members of 
     the Reserve Officers' Training Corps; and for payments 
     pursuant to section 156 of Public Law 97-377, as amended (42 
     U.S.C. 402 note), and to the Department of Defense Military 
     Retirement Fund, $28,096,708,000.

                        Reserve Personnel, Army

       For pay, allowances, clothing, subsistence, gratuities, 
     travel, and related expenses for personnel of the Army 
     Reserve on active duty under sections 10211, 10302, and 3038 
     of title 10, United States Code, or while serving on active 
     duty under section 12301(d) of title 10, United States Code, 
     in connection with performing duty specified in section 
     12310(a) of title 10, United States Code, or while undergoing 
     reserve training, or while performing drills or equivalent 
     duty or other duty, and expenses authorized by section 16131 
     of title 10, United States Code; and for payments to the 
     Department of Defense Military Retirement Fund, 
     $4,289,407,000.

                        Reserve Personnel, Navy

       For pay, allowances, clothing, subsistence, gratuities, 
     travel, and related expenses for personnel of the Navy 
     Reserve on active duty under section 10211 of title 10, 
     United States Code, or while serving on active duty under 
     section 12301(d) of title 10, United States Code, in 
     connection with performing duty specified in section 12310(a) 
     of title 10, United States Code, or while undergoing reserve 
     training, or while performing drills or equivalent duty, and 
     expenses authorized by section 16131 of title 10, United 
     States Code; and for payments to the Department of Defense 
     Military Retirement Fund, $1,935,544,000.

                    Reserve Personnel, Marine Corps

       For pay, allowances, clothing, subsistence, gratuities, 
     travel, and related expenses for personnel of the Marine 
     Corps Reserve on active duty under section 10211 of title 10, 
     United States Code, or while serving on active duty under 
     section 12301(d) of title 10, United States Code, in 
     connection with performing duty specified in section 12310(a) 
     of title 10, United States Code, or while undergoing reserve 
     training, or while performing drills or equivalent duty, and 
     for members of the Marine Corps platoon leaders class, and 
     expenses authorized by section 16131 of title 10, United 
     States Code; and for payments to the Department of Defense 
     Military Retirement Fund, $644,722,000.

                      Reserve Personnel, Air Force

       For pay, allowances, clothing, subsistence, gratuities, 
     travel, and related expenses for personnel of the Air Force 
     Reserve on active duty under sections 10211, 10305, and 8038 
     of title 10, United States Code, or while serving on active 
     duty under section 12301(d) of title 10, United States Code, 
     in connection with performing duty specified in section 
     12310(a) of title 10, United States Code, or while undergoing 
     reserve training, or while performing drills or equivalent 
     duty or other duty, and expenses authorized by section 16131 
     of title 10, United States Code; and for payments to the 
     Department of Defense Military Retirement Fund, 
     $1,712,705,000.

                     National Guard Personnel, Army

       For pay, allowances, clothing, subsistence, gratuities, 
     travel, and related expenses for personnel of the Army 
     National Guard while on duty under section 10211, 10302, or 
     12402 of title 10 or section 708 of title 32, United States 
     Code, or while serving on duty under section 12301(d) of 
     title 10 or section 502(f) of title 32, United States Code, 
     in connection with performing duty specified in section 
     12310(a) of title 10, United States Code, or while undergoing 
     training, or while performing drills or equivalent duty or 
     other duty, and expenses authorized by section 16131 of title 
     10, United States Code; and for payments to the Department of 
     Defense Military Retirement Fund, $7,585,645,000.

                  National Guard Personnel, Air Force

       For pay, allowances, clothing, subsistence, gratuities, 
     travel, and related expenses for personnel of the Air 
     National Guard on duty under section 10211, 10305, or 12402 
     of title 10 or section 708 of title 32, United States Code, 
     or while serving on duty under section 12301(d) of title 10 
     or section 502(f) of title 32, United States Code, in 
     connection with performing duty specified in section 12310(a) 
     of title 10, United States Code, or while undergoing 
     training, or while performing drills or equivalent duty or 
     other duty, and expenses authorized by section 16131 of title 
     10, United States Code; and for payments to the Department of 
     Defense Military Retirement Fund, $3,088,929,000.

                                TITLE II

                       OPERATION AND MAINTENANCE

                    Operation and Maintenance, Army

       For expenses, not otherwise provided for, necessary for the 
     operation and maintenance of the Army, as authorized by law; 
     and not to exceed $12,478,000 can be used for emergencies and 
     extraordinary expenses, to be expended on the approval or 
     authority of the Secretary of the Army, and payments may be 
     made on his certificate of necessity for confidential 
     military purposes, $31,072,902,000.

                    Operation and Maintenance, Navy

       For expenses, not otherwise provided for, necessary for the 
     operation and maintenance of the Navy and the Marine Corps, 
     as authorized by law; and not to exceed $14,804,000 can be 
     used for emergencies and extraordinary expenses, to be 
     expended on the approval or authority of the Secretary of the 
     Navy, and payments may be made on his certificate of 
     necessity for confidential military purposes, 
     $38,120,821,000.

[[Page 20291]]



                Operation and Maintenance, Marine Corps

       For expenses, not otherwise provided for, necessary for the 
     operation and maintenance of the Marine Corps, as authorized 
     by law, $5,542,937,000.

                  Operation and Maintenance, Air Force

       For expenses, not otherwise provided for, necessary for the 
     operation and maintenance of the Air Force, as authorized by 
     law; and not to exceed $7,699,000 can be used for emergencies 
     and extraordinary expenses, to be expended on the approval or 
     authority of the Secretary of the Air Force, and payments may 
     be made on his certificate of necessity for confidential 
     military purposes, $34,985,486,000.

                Operation and Maintenance, Defense-Wide

                     (including transfer of funds)

       For expenses, not otherwise provided for, necessary for the 
     operation and maintenance of activities and agencies of the 
     Department of Defense (other than the military departments), 
     as authorized by law, $30,152,008,000:  Provided, That not 
     more than $47,026,000 may be used for the Combatant Commander 
     Initiative Fund authorized under section 166a of title 10, 
     United States Code:  Provided further, That not to exceed 
     $36,000,000 can be used for emergencies and extraordinary 
     expenses, to be expended on the approval or authority of the 
     Secretary of Defense, and payments may be made on his 
     certificate of necessity for confidential military purposes:  
     Provided further, That of the funds provided under this 
     heading, not less than $34,311,000 shall be made available 
     for the Procurement Technical Assistance Cooperative 
     Agreement Program, of which not less than $3,600,000 shall be 
     available for centers defined in 10 U.S.C. 2411(1)(D):  
     Provided further, That none of the funds appropriated or 
     otherwise made available by this Act may be used to plan or 
     implement the consolidation of a budget or appropriations 
     liaison office of the Office of the Secretary of Defense, the 
     office of the Secretary of a military department, or the 
     service headquarters of one of the Armed Forces into a 
     legislative affairs or legislative liaison office:  Provided 
     further, That $8,420,000, to remain available until expended, 
     is available only for expenses relating to certain classified 
     activities, and may be transferred as necessary by the 
     Secretary of Defense to operation and maintenance 
     appropriations or research, development, test and evaluation 
     appropriations, to be merged with and to be available for the 
     same time period as the appropriations to which transferred:  
     Provided further, That any ceiling on the investment item 
     unit cost of items that may be purchased with operation and 
     maintenance funds shall not apply to the funds described in 
     the preceding proviso:  Provided further, That the transfer 
     authority provided under this heading is in addition to any 
     other transfer authority provided elsewhere in this Act.

                Operation and Maintenance, Army Reserve

       For expenses, not otherwise provided for, necessary for the 
     operation and maintenance, including training, organization, 
     and administration, of the Army Reserve; repair of facilities 
     and equipment; hire of passenger motor vehicles; travel and 
     transportation; care of the dead; recruiting; procurement of 
     services, supplies, and equipment; and communications, 
     $3,071,733,000.

                Operation and Maintenance, Navy Reserve

       For expenses, not otherwise provided for, necessary for the 
     operation and maintenance, including training, organization, 
     and administration, of the Navy Reserve; repair of facilities 
     and equipment; hire of passenger motor vehicles; travel and 
     transportation; care of the dead; recruiting; procurement of 
     services, supplies, and equipment; and communications, 
     $1,305,134,000.

            Operation and Maintenance, Marine Corps Reserve

       For expenses, not otherwise provided for, necessary for the 
     operation and maintenance, including training, organization, 
     and administration, of the Marine Corps Reserve; repair of 
     facilities and equipment; hire of passenger motor vehicles; 
     travel and transportation; care of the dead; recruiting; 
     procurement of services, supplies, and equipment; and 
     communications, $271,443,000.

              Operation and Maintenance, Air Force Reserve

       For expenses, not otherwise provided for, necessary for the 
     operation and maintenance, including training, organization, 
     and administration, of the Air Force Reserve; repair of 
     facilities and equipment; hire of passenger motor vehicles; 
     travel and transportation; care of the dead; recruiting; 
     procurement of services, supplies, and equipment; and 
     communications, $3,274,359,000.

             Operation and Maintenance, Army National Guard

       For expenses of training, organizing, and administering the 
     Army National Guard, including medical and hospital treatment 
     and related expenses in non-Federal hospitals; maintenance, 
     operation, and repairs to structures and facilities; hire of 
     passenger motor vehicles; personnel services in the National 
     Guard Bureau; travel expenses (other than mileage), as 
     authorized by law for Army personnel on active duty, for Army 
     National Guard division, regimental, and battalion commanders 
     while inspecting units in compliance with National Guard 
     Bureau regulations when specifically authorized by the Chief, 
     National Guard Bureau; supplying and equipping the Army 
     National Guard as authorized by law; and expenses of repair, 
     modification, maintenance, and issue of supplies and 
     equipment (including aircraft), $6,924,932,000.

             Operation and Maintenance, Air National Guard

       For expenses of training, organizing, and administering the 
     Air National Guard, including medical and hospital treatment 
     and related expenses in non-Federal hospitals; maintenance, 
     operation, and repairs to structures and facilities; 
     transportation of things, hire of passenger motor vehicles; 
     supplying and equipping the Air National Guard, as authorized 
     by law; expenses for repair, modification, maintenance, and 
     issue of supplies and equipment, including those furnished 
     from stocks under the control of agencies of the Department 
     of Defense; travel expenses (other than mileage) on the same 
     basis as authorized by law for Air National Guard personnel 
     on active Federal duty, for Air National Guard commanders 
     while inspecting units in compliance with National Guard 
     Bureau regulations when specifically authorized by the Chief, 
     National Guard Bureau, $6,098,780,000.

          United States Court of Appeals for the Armed Forces

       For salaries and expenses necessary for the United States 
     Court of Appeals for the Armed Forces, $13,861,000, of which 
     not to exceed $5,000 may be used for official representation 
     purposes.

                    Environmental Restoration, Army

                     (including transfer of funds)

       For the Department of the Army, $346,031,000, to remain 
     available until transferred:  Provided, That the Secretary of 
     the Army shall, upon determining that such funds are required 
     for environmental restoration, reduction and recycling of 
     hazardous waste, removal of unsafe buildings and debris of 
     the Department of the Army, or for similar purposes, transfer 
     the funds made available by this appropriation to other 
     appropriations made available to the Department of the Army, 
     to be merged with and to be available for the same purposes 
     and for the same time period as the appropriations to which 
     transferred:  Provided further, That upon a determination 
     that all or part of the funds transferred from this 
     appropriation are not necessary for the purposes provided 
     herein, such amounts may be transferred back to this 
     appropriation:  Provided further, That the transfer authority 
     provided under this heading is in addition to any other 
     transfer authority provided elsewhere in this Act.

                    Environmental Restoration, Navy

                     (including transfer of funds)

       For the Department of the Navy, $308,668,000, to remain 
     available until transferred:  Provided, That the Secretary of 
     the Navy shall, upon determining that such funds are required 
     for environmental restoration, reduction and recycling of 
     hazardous waste, removal of unsafe buildings and debris of 
     the Department of the Navy, or for similar purposes, transfer 
     the funds made available by this appropriation to other 
     appropriations made available to the Department of the Navy, 
     to be merged with and to be available for the same purposes 
     and for the same time period as the appropriations to which 
     transferred:  Provided further, That upon a determination 
     that all or part of the funds transferred from this 
     appropriation are not necessary for the purposes provided 
     herein, such amounts may be transferred back to this 
     appropriation:  Provided further, That the transfer authority 
     provided under this heading is in addition to any other 
     transfer authority provided elsewhere in this Act.

                  Environmental Restoration, Air Force

                     (including transfer of funds)

       For the Department of the Air Force, $525,453,000, to 
     remain available until transferred:  Provided, That the 
     Secretary of the Air Force shall, upon determining that such 
     funds are required for environmental restoration, reduction 
     and recycling of hazardous waste, removal of unsafe buildings 
     and debris of the Department of the Air Force, or for similar 
     purposes, transfer the funds made available by this 
     appropriation to other appropriations made available to the 
     Department of the Air Force, to be merged with and to be 
     available for the same purposes and for the same time period 
     as the appropriations to which transferred:  Provided 
     further, That upon a determination that all or part of the 
     funds transferred from this appropriation are not necessary 
     for the purposes provided herein, such amounts may be 
     transferred back to this appropriation:  Provided further, 
     That the transfer authority provided under this heading is in 
     addition to any other transfer authority provided elsewhere 
     in this Act.

                Environmental Restoration, Defense-Wide

                     (including transfer of funds)

       For the Department of Defense, $10,716,000, to remain 
     available until transferred:  Provided, That the Secretary of 
     Defense shall, upon determining that such funds are required 
     for environmental restoration, reduction and recycling of 
     hazardous waste, removal of unsafe buildings and debris of 
     the Department of Defense, or for similar purposes, transfer 
     the funds made available by this appropriation to other 
     appropriations made available to the Department of Defense, 
     to be merged with and to be available for the same purposes 
     and for the same time period as the appropriations to which 
     transferred:  Provided further, That upon a determination 
     that all or part of the funds transferred from this 
     appropriation are not necessary for the purposes provided 
     herein, such amounts may be transferred back to this 
     appropriation:  Provided further, That the transfer authority 
     provided under this heading is in addition to any other 
     transfer authority provided elsewhere in this Act.

[[Page 20292]]



         Environmental Restoration, Formerly Used Defense Sites

                     (including transfer of funds)

       For the Department of the Army, $326,495,000, to remain 
     available until transferred:  Provided, That the Secretary of 
     the Army shall, upon determining that such funds are required 
     for environmental restoration, reduction and recycling of 
     hazardous waste, removal of unsafe buildings and debris at 
     sites formerly used by the Department of Defense, transfer 
     the funds made available by this appropriation to other 
     appropriations made available to the Department of the Army, 
     to be merged with and to be available for the same purposes 
     and for the same time period as the appropriations to which 
     transferred:  Provided further, That upon a determination 
     that all or part of the funds transferred from this 
     appropriation are not necessary for the purposes provided 
     herein, such amounts may be transferred back to this 
     appropriation:  Provided further, That the transfer authority 
     provided under this heading is in addition to any other 
     transfer authority provided elsewhere in this Act.

             Overseas Humanitarian, Disaster, and Civic Aid

       For expenses relating to the Overseas Humanitarian, 
     Disaster, and Civic Aid programs of the Department of Defense 
     (consisting of the programs provided under sections 401, 402, 
     404, 407, 2557, and 2561 of title 10, United States Code), 
     $107,662,000, to remain available until September 30, 2013.

                  Cooperative Threat Reduction Account

       For assistance to the republics of the former Soviet Union 
     and, with appropriate authorization by the Department of 
     Defense and Department of State, to countries outside of the 
     former Soviet Union, including assistance provided by 
     contract or by grants, for facilitating the elimination and 
     the safe and secure transportation and storage of nuclear, 
     chemical and other weapons; for establishing programs to 
     prevent the proliferation of weapons, weapons components, and 
     weapon-related technology and expertise; for programs 
     relating to the training and support of defense and military 
     personnel for demilitarization and protection of weapons, 
     weapons components and weapons technology and expertise, and 
     for defense and military contacts, $508,219,000, to remain 
     available until September 30, 2014:  Provided, That of the 
     amounts provided under this heading, not less than 
     $13,500,000 shall be available only to support the 
     dismantling and disposal of nuclear submarines, submarine 
     reactor components, and security enhancements for transport 
     and storage of nuclear warheads in the Russian Far East and 
     North.

      Department of Defense Acquisition Workforce Development Fund

       For the Department of Defense Acquisition Workforce 
     Development Fund, $105,501,000.

                               TITLE III

                              PROCUREMENT

                       Aircraft Procurement, Army

       For construction, procurement, production, modification, 
     and modernization of aircraft, equipment, including ordnance, 
     ground handling equipment, spare parts, and accessories 
     therefor; specialized equipment and training devices; 
     expansion of public and private plants, including the land 
     necessary therefor, for the foregoing purposes, and such 
     lands and interests therein, may be acquired, and 
     construction prosecuted thereon prior to approval of title; 
     and procurement and installation of equipment, appliances, 
     and machine tools in public and private plants; reserve plant 
     and Government and contractor-owned equipment layaway; and 
     other expenses necessary for the foregoing purposes, 
     $5,360,334,000, to remain available for obligation until 
     September 30, 2014.

                       Missile Procurement, Army

       For construction, procurement, production, modification, 
     and modernization of missiles, equipment, including ordnance, 
     ground handling equipment, spare parts, and accessories 
     therefor; specialized equipment and training devices; 
     expansion of public and private plants, including the land 
     necessary therefor, for the foregoing purposes, and such 
     lands and interests therein, may be acquired, and 
     construction prosecuted thereon prior to approval of title; 
     and procurement and installation of equipment, appliances, 
     and machine tools in public and private plants; reserve plant 
     and Government and contractor-owned equipment layaway; and 
     other expenses necessary for the foregoing purposes, 
     $1,461,223,000, to remain available for obligation until 
     September 30, 2014.

        Procurement of Weapons and Tracked Combat Vehicles, Army

       For construction, procurement, production, and modification 
     of weapons and tracked combat vehicles, equipment, including 
     ordnance, spare parts, and accessories therefor; specialized 
     equipment and training devices; expansion of public and 
     private plants, including the land necessary therefor, for 
     the foregoing purposes, and such lands and interests therein, 
     may be acquired, and construction prosecuted thereon prior to 
     approval of title; and procurement and installation of 
     equipment, appliances, and machine tools in public and 
     private plants; reserve plant and Government and contractor-
     owned equipment layaway; and other expenses necessary for the 
     foregoing purposes, $2,070,405,000, to remain available for 
     obligation until September 30, 2014.

                    Procurement of Ammunition, Army

       For construction, procurement, production, and modification 
     of ammunition, and accessories therefor; specialized 
     equipment and training devices; expansion of public and 
     private plants, including ammunition facilities, authorized 
     by section 2854 of title 10, United States Code, and the land 
     necessary therefor, for the foregoing purposes, and such 
     lands and interests therein, may be acquired, and 
     construction prosecuted thereon prior to approval of title; 
     and procurement and installation of equipment, appliances, 
     and machine tools in public and private plants; reserve plant 
     and Government and contractor-owned equipment layaway; and 
     other expenses necessary for the foregoing purposes, 
     $1,884,424,000, to remain available for obligation until 
     September 30, 2014.

                        Other Procurement, Army

       For construction, procurement, production, and modification 
     of vehicles, including tactical, support, and non-tracked 
     combat vehicles; the purchase of passenger motor vehicles for 
     replacement only; communications and electronic equipment; 
     other support equipment; spare parts, ordnance, and 
     accessories therefor; specialized equipment and training 
     devices; expansion of public and private plants, including 
     the land necessary therefor, for the foregoing purposes, and 
     such lands and interests therein, may be acquired, and 
     construction prosecuted thereon prior to approval of title; 
     and procurement and installation of equipment, appliances, 
     and machine tools in public and private plants; reserve plant 
     and Government and contractor-owned equipment layaway; and 
     other expenses necessary for the foregoing purposes, 
     $7,924,214,000, to remain available for obligation until 
     September 30, 2014.

                       Aircraft Procurement, Navy

       For construction, procurement, production, modification, 
     and modernization of aircraft, equipment, including ordnance, 
     spare parts, and accessories therefor; specialized equipment; 
     expansion of public and private plants, including the land 
     necessary therefor, and such lands and interests therein, may 
     be acquired, and construction prosecuted thereon prior to 
     approval of title; and procurement and installation of 
     equipment, appliances, and machine tools in public and 
     private plants; reserve plant and Government and contractor-
     owned equipment layaway, $17,675,734,000, to remain available 
     for obligation until September 30, 2014.

                       Weapons Procurement, Navy

       For construction, procurement, production, modification, 
     and modernization of missiles, torpedoes, other weapons, and 
     related support equipment including spare parts, and 
     accessories therefor; expansion of public and private plants, 
     including the land necessary therefor, and such lands and 
     interests therein, may be acquired, and construction 
     prosecuted thereon prior to approval of title; and 
     procurement and installation of equipment, appliances, and 
     machine tools in public and private plants; reserve plant and 
     Government and contractor-owned equipment layaway, 
     $3,224,432,000, to remain available for obligation until 
     September 30, 2014.

            Procurement of Ammunition, Navy and Marine Corps

       For construction, procurement, production, and modification 
     of ammunition, and accessories therefor; specialized 
     equipment and training devices; expansion of public and 
     private plants, including ammunition facilities, authorized 
     by section 2854 of title 10, United States Code, and the land 
     necessary therefor, for the foregoing purposes, and such 
     lands and interests therein, may be acquired, and 
     construction prosecuted thereon prior to approval of title; 
     and procurement and installation of equipment, appliances, 
     and machine tools in public and private plants; reserve plant 
     and Government and contractor-owned equipment layaway; and 
     other expenses necessary for the foregoing purposes, 
     $626,848,000, to remain available for obligation until 
     September 30, 2014.

                   Shipbuilding and Conversion, Navy

       For expenses necessary for the construction, acquisition, 
     or conversion of vessels as authorized by law, including 
     armor and armament thereof, plant equipment, appliances, and 
     machine tools and installation thereof in public and private 
     plants; reserve plant and Government and contractor-owned 
     equipment layaway; procurement of critical, long lead time 
     components and designs for vessels to be constructed or 
     converted in the future; and expansion of public and private 
     plants, including land necessary therefor, and such lands and 
     interests therein, may be acquired, and construction 
     prosecuted thereon prior to approval of title, as follows:
       Carrier Replacement Program (AP), $554,798,000;
       Virginia Class Submarine, $3,221,314,000;
       Virginia Class Submarine (AP), $1,461,361,000;
       CVN Refuelings (AP), $529,652,000;
       DDG-1000 Program, $453,727,000;
       DDG-51 Destroyer, $1,980,709,000;
       DDG-51 Destroyer (AP), $100,723,000;
       Littoral Combat Ship, $1,755,093,000;
       LPD-17, $1,837,444,000;
       LHA-Replacement, $1,999,191,000;
       Joint High Speed Vessel, $372,332,000;
       Oceanographic Ships, $89,000,000;
       Moored Training Ship, $131,200,000;
       LCAC Service Life Extension Program, $84,076,000;
       Service Craft, $3,863,000; and
       For outfitting, post delivery, conversions, and first 
     destination transportation, $270,639,000.
       Completion of Prior Year Shipbuilding Programs, 
     $73,992,000.
       In all: $14,919,114,000, to remain available for obligation 
     until September 30, 2016:  Provided,

[[Page 20293]]

     That additional obligations may be incurred after September 
     30, 2016, for engineering services, tests, evaluations, and 
     other such budgeted work that must be performed in the final 
     stage of ship construction:  Provided further, That none of 
     the funds provided under this heading for the construction or 
     conversion of any naval vessel to be constructed in shipyards 
     in the United States shall be expended in foreign facilities 
     for the construction of major components of such vessel:  
     Provided further, That none of the funds provided under this 
     heading shall be used for the construction of any naval 
     vessel in foreign shipyards.

                        Other Procurement, Navy

       For procurement, production, and modernization of support 
     equipment and materials not otherwise provided for, Navy 
     ordnance (except ordnance for new aircraft, new ships, and 
     ships authorized for conversion); the purchase of passenger 
     motor vehicles for replacement only; expansion of public and 
     private plants, including the land necessary therefor, and 
     such lands and interests therein, may be acquired, and 
     construction prosecuted thereon prior to approval of title; 
     and procurement and installation of equipment, appliances, 
     and machine tools in public and private plants; reserve plant 
     and Government and contractor-owned equipment layaway, 
     $6,013,385,000, to remain available for obligation until 
     September 30, 2014.

                       Procurement, Marine Corps

       For expenses necessary for the procurement, manufacture, 
     and modification of missiles, armament, military equipment, 
     spare parts, and accessories therefor; plant equipment, 
     appliances, and machine tools, and installation thereof in 
     public and private plants; reserve plant and Government and 
     contractor-owned equipment layaway; vehicles for the Marine 
     Corps, including the purchase of passenger motor vehicles for 
     replacement only; and expansion of public and private plants, 
     including land necessary therefor, and such lands and 
     interests therein, may be acquired, and construction 
     prosecuted thereon prior to approval of title, 
     $1,422,570,000, to remain available for obligation until 
     September 30, 2014.

                    Aircraft Procurement, Air Force

                     (including transfer of funds)

       For construction, procurement, and modification of aircraft 
     and equipment, including armor and armament, specialized 
     ground handling equipment, and training devices, spare parts, 
     and accessories therefor; specialized equipment; expansion of 
     public and private plants, Government-owned equipment and 
     installation thereof in such plants, erection of structures, 
     and acquisition of land, for the foregoing purposes, and such 
     lands and interests therein, may be acquired, and 
     construction prosecuted thereon prior to approval of title; 
     reserve plant and Government and contractor-owned equipment 
     layaway; and other expenses necessary for the foregoing 
     purposes including rents and transportation of things, 
     $12,950,000,000, to remain available for obligation until 
     September 30, 2014:  Provided, That of the amount made 
     available under this heading, $63,500,000 made available for 
     C-130J aircraft shall be transferred to the Department of 
     Homeland Security, Coast Guard, ``Acquisition, Construction, 
     and Improvements'':  Provided further, That the transfer 
     authority provided under this heading is in addition to any 
     other transfer authority provided elsewhere in this Act.

                     Missile Procurement, Air Force

       For construction, procurement, and modification of 
     missiles, spacecraft, rockets, and related equipment, 
     including spare parts and accessories therefor, ground 
     handling equipment, and training devices; expansion of public 
     and private plants, Government-owned equipment and 
     installation thereof in such plants, erection of structures, 
     and acquisition of land, for the foregoing purposes, and such 
     lands and interests therein, may be acquired, and 
     construction prosecuted thereon prior to approval of title; 
     reserve plant and Government and contractor-owned equipment 
     layaway; and other expenses necessary for the foregoing 
     purposes including rents and transportation of things, 
     $6,080,877,000, to remain available for obligation until 
     September 30, 2014.

                  Procurement of Ammunition, Air Force

       For construction, procurement, production, and modification 
     of ammunition, and accessories therefor; specialized 
     equipment and training devices; expansion of public and 
     private plants, including ammunition facilities, authorized 
     by section 2854 of title 10, United States Code, and the land 
     necessary therefor, for the foregoing purposes, and such 
     lands and interests therein, may be acquired, and 
     construction prosecuted thereon prior to approval of title; 
     and procurement and installation of equipment, appliances, 
     and machine tools in public and private plants; reserve plant 
     and Government and contractor-owned equipment layaway; and 
     other expenses necessary for the foregoing purposes, 
     $499,185,000, to remain available for obligation until 
     September 30, 2014.

                      Other Procurement, Air Force

       For procurement and modification of equipment (including 
     ground guidance and electronic control equipment, and ground 
     electronic and communication equipment), and supplies, 
     materials, and spare parts therefor, not otherwise provided 
     for; the purchase of passenger motor vehicles for replacement 
     only; lease of passenger motor vehicles; and expansion of 
     public and private plants, Government-owned equipment and 
     installation thereof in such plants, erection of structures, 
     and acquisition of land, for the foregoing purposes, and such 
     lands and interests therein, may be acquired, and 
     construction prosecuted thereon, prior to approval of title; 
     reserve plant and Government and contractor-owned equipment 
     layaway, $17,403,564,000, to remain available for obligation 
     until September 30, 2014.

                       Procurement, Defense-Wide

       For expenses of activities and agencies of the Department 
     of Defense (other than the military departments) necessary 
     for procurement, production, and modification of equipment, 
     supplies, materials, and spare parts therefor, not otherwise 
     provided for; the purchase of passenger motor vehicles for 
     replacement only; expansion of public and private plants, 
     equipment, and installation thereof in such plants, erection 
     of structures, and acquisition of land for the foregoing 
     purposes, and such lands and interests therein, may be 
     acquired, and construction prosecuted thereon prior to 
     approval of title; reserve plant and Government and 
     contractor-owned equipment layaway, $4,893,428,000, to remain 
     available for obligation until September 30, 2014.

                    Defense Production Act Purchases

       For activities by the Department of Defense pursuant to 
     sections 108, 301, 302, and 303 of the Defense Production Act 
     of 1950 (50 U.S.C. App. 2078, 2091, 2092, and 2093), 
     $169,964,000, to remain available until expended.

                                TITLE IV

               RESEARCH, DEVELOPMENT, TEST AND EVALUATION

            Research, Development, Test and Evaluation, Army

       For expenses necessary for basic and applied scientific 
     research, development, test and evaluation, including 
     maintenance, rehabilitation, lease, and operation of 
     facilities and equipment, $8,745,492,000, to remain available 
     for obligation until September 30, 2013.

            Research, Development, Test and Evaluation, Navy

       For expenses necessary for basic and applied scientific 
     research, development, test and evaluation, including 
     maintenance, rehabilitation, lease, and operation of 
     facilities and equipment, $17,753,940,000, to remain 
     available for obligation until September 30, 2013:  Provided, 
     That funds appropriated in this paragraph which are available 
     for the V-22 may be used to meet unique operational 
     requirements of the Special Operations Forces:  Provided 
     further, That funds appropriated in this paragraph shall be 
     available for the Cobra Judy program.

         Research, Development, Test and Evaluation, Air Force

       For expenses necessary for basic and applied scientific 
     research, development, test and evaluation, including 
     maintenance, rehabilitation, lease, and operation of 
     facilities and equipment, $26,535,996,000, to remain 
     available for obligation until September 30, 2013.

        Research, Development, Test and Evaluation, Defense-Wide

                     (including transfer of funds)

       For expenses of activities and agencies of the Department 
     of Defense (other than the military departments), necessary 
     for basic and applied scientific research, development, test 
     and evaluation; advanced research projects as may be 
     designated and determined by the Secretary of Defense, 
     pursuant to law; maintenance, rehabilitation, lease, and 
     operation of facilities and equipment, $19,193,955,000, to 
     remain available for obligation until September 30, 2013:  
     Provided, That of the funds made available in this paragraph, 
     $200,000,000 for the Defense Rapid Innovation Program shall 
     only be available for expenses, not otherwise provided for, 
     to include program management and oversight, to conduct 
     research, development, test and evaluation to include proof 
     of concept demonstration; engineering, testing, and 
     validation; and transition to full-scale production:  
     Provided further, That the Secretary of Defense may transfer 
     funds provided herein for the Defense Rapid Innovation 
     Program to appropriations for research, development, test and 
     evaluation to accomplish the purpose provided herein:  
     Provided further, That this transfer authority is in addition 
     to any other transfer authority available to the Department 
     of Defense:  Provided further, That the Secretary of Defense 
     shall, not fewer than 30 days prior to making transfers from 
     this appropriation, notify the congressional defense 
     committees in writing of the details of any such transfer.

                Operational Test and Evaluation, Defense

       For expenses, not otherwise provided for, necessary for the 
     independent activities of the Director, Operational Test and 
     Evaluation, in the direction and supervision of operational 
     test and evaluation, including initial operational test and 
     evaluation which is conducted prior to, and in support of, 
     production decisions; joint operational testing and 
     evaluation; and administrative expenses in connection 
     therewith, $191,292,000, to remain available for obligation 
     until September 30, 2013.

                                TITLE V

                     REVOLVING AND MANAGEMENT FUNDS

                     Defense Working Capital Funds

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

                     National Defense Sealift Fund

       For National Defense Sealift Fund programs, projects, and 
     activities, and for expenses of the National Defense Reserve 
     Fleet, as established

[[Page 20294]]

     by section 11 of the Merchant Ship Sales Act of 1946 (50 
     U.S.C. App. 1744), and for the necessary expenses to maintain 
     and preserve a U.S.-flag merchant fleet to serve the national 
     security needs of the United States, $1,100,519,000, to 
     remain available until expended:  Provided, That none of the 
     funds provided in this paragraph shall be used to award a new 
     contract that provides for the acquisition of any of the 
     following major components unless such components are 
     manufactured in the United States: auxiliary equipment, 
     including pumps, for all shipboard services; propulsion 
     system components (engines, reduction gears, and propellers); 
     shipboard cranes; and spreaders for shipboard cranes:  
     Provided further, That the exercise of an option in a 
     contract awarded through the obligation of previously 
     appropriated funds shall not be considered to be the award of 
     a new contract:  Provided further, That the Secretary of the 
     military department responsible for such procurement may 
     waive the restrictions in the first proviso on a case-by-case 
     basis by certifying in writing to the Committees on 
     Appropriations of the House of Representatives and the Senate 
     that adequate domestic supplies are not available to meet 
     Department of Defense requirements on a timely basis and that 
     such an acquisition must be made in order to acquire 
     capability for national security purposes.

                                TITLE VI

                  OTHER DEPARTMENT OF DEFENSE PROGRAMS

                         Defense Health Program

       For expenses, not otherwise provided for, for medical and 
     health care programs of the Department of Defense as 
     authorized by law, $32,482,059,000; of which $30,582,235,000 
     shall be for operation and maintenance, of which not to 
     exceed 1 percent shall remain available until September 30, 
     2013, and of which up to $16,512,141,000 may be available for 
     contracts entered into under the TRICARE program; of which 
     $632,518,000, to remain available for obligation until 
     September 30, 2014, shall be for procurement; and of which 
     $1,267,306,000, to remain available for obligation until 
     September 30, 2013, shall be for research, development, test 
     and evaluation:  Provided, That, notwithstanding any other 
     provision of law, of the amount made available under this 
     heading for research, development, test and evaluation, not 
     less than $8,000,000 shall be available for HIV prevention 
     educational activities undertaken in connection with United 
     States military training, exercises, and humanitarian 
     assistance activities conducted primarily in African nations.

           Chemical Agents and Munitions Destruction, Defense

       For expenses, not otherwise provided for, necessary for the 
     destruction of the United States stockpile of lethal chemical 
     agents and munitions in accordance with the provisions of 
     section 1412 of the Department of Defense Authorization Act, 
     1986 (50 U.S.C. 1521), and for the destruction of other 
     chemical warfare materials that are not in the chemical 
     weapon stockpile, $1,554,422,000, of which $1,147,691,000 
     shall be for operation and maintenance, of which no less than 
     $71,211,000, shall be for the Chemical Stockpile Emergency 
     Preparedness Program, consisting of $19,211,000 for 
     activities on military installations and $52,000,000, to 
     remain available until September 30, 2013, to assist State 
     and local governments and $406,731,000, to remain available 
     until September 30, 2013, shall be for research, development, 
     test and evaluation, of which $401,768,000 shall only be for 
     the Assembled Chemical Weapons Alternatives (ACWA) program.

         Drug Interdiction and Counter-Drug Activities, Defense

                     (including transfer of funds)

       For drug interdiction and counter-drug activities of the 
     Department of Defense, for transfer to appropriations 
     available to the Department of Defense for military personnel 
     of the reserve components serving under the provisions of 
     title 10 and title 32, United States Code; for operation and 
     maintenance; for procurement; and for research, development, 
     test and evaluation, $1,209,620,000:  Provided, That the 
     funds appropriated under this heading shall be available for 
     obligation for the same time period and for the same purpose 
     as the appropriation to which transferred:  Provided further, 
     That upon a determination that all or part of the funds 
     transferred from this appropriation are not necessary for the 
     purposes provided herein, such amounts may be transferred 
     back to this appropriation:  Provided further, That the 
     transfer authority provided under this heading is in addition 
     to any other transfer authority contained elsewhere in this 
     Act:  Provided further, That $23,000,000 may not be obligated 
     or expended until the Secretary of Defense submits an 
     implementation plan for the expansion of prescription drug 
     testing to the congressional defense committees.

                    Office of the Inspector General

       For expenses and activities of the Office of the Inspector 
     General in carrying out the provisions of the Inspector 
     General Act of 1978, as amended, $346,919,000, of which 
     $341,419,000 shall be for operation and maintenance, of which 
     not to exceed $700,000 is available for emergencies and 
     extraordinary expenses to be expended on the approval or 
     authority of the Inspector General, and payments may be made 
     on the Inspector General's certificate of necessity for 
     confidential military purposes; of which $1,000,000, to 
     remain available until September 30, 2014, shall be for 
     procurement; and of which $4,500,000, to remain available 
     until September 30, 2013, shall be for research, development, 
     testing, and evaluation.

                               TITLE VII

                            RELATED AGENCIES

   Central Intelligence Agency Retirement and Disability System Fund

       For payment to the Central Intelligence Agency Retirement 
     and Disability System Fund, to maintain the proper funding 
     level for continuing the operation of the Central 
     Intelligence Agency Retirement and Disability System, 
     $513,700,000.

               Intelligence Community Management Account

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

                               TITLE VIII

                           GENERAL PROVISIONS

       Sec. 8001.  No part of any appropriation contained in this 
     Act shall be used for publicity or propaganda purposes not 
     authorized by the Congress.
       Sec. 8002.  During the current fiscal year, provisions of 
     law prohibiting the payment of compensation to, or employment 
     of, any person not a citizen of the United States shall not 
     apply to personnel of the Department of Defense:  Provided, 
     That salary increases granted to direct and indirect hire 
     foreign national employees of the Department of Defense 
     funded by this Act shall not be at a rate in excess of the 
     percentage increase authorized by law for civilian employees 
     of the Department of Defense whose pay is computed under the 
     provisions of section 5332 of title 5, United States Code, or 
     at a rate in excess of the percentage increase provided by 
     the appropriate host nation to its own employees, whichever 
     is higher:  Provided further, That this section shall not 
     apply to Department of Defense foreign service national 
     employees serving at United States diplomatic missions whose 
     pay is set by the Department of State under the Foreign 
     Service Act of 1980:  Provided further, That the limitations 
     of this provision shall not apply to foreign national 
     employees of the Department of Defense in the Republic of 
     Turkey.
       Sec. 8003.  No part of any appropriation contained in this 
     Act shall remain available for obligation beyond the current 
     fiscal year, unless expressly so provided herein.
       Sec. 8004.  No more than 20 percent of the appropriations 
     in this Act which are limited for obligation during the 
     current fiscal year shall be obligated during the last 2 
     months of the fiscal year:  Provided, That this section shall 
     not apply to obligations for support of active duty training 
     of reserve components or summer camp training of the Reserve 
     Officers' Training Corps.

                          (transfer of funds)

       Sec. 8005.  Upon determination by the Secretary of Defense 
     that such action is necessary in the national interest, he 
     may, with the approval of the Office of Management and 
     Budget, transfer not to exceed $3,750,000,000 of working 
     capital funds of the Department of Defense or funds made 
     available in this Act to the Department of Defense for 
     military functions (except military construction) between 
     such appropriations or funds or any subdivision thereof, to 
     be merged with and to be available for the same purposes, and 
     for the same time period, as the appropriation or fund to 
     which transferred:  Provided, That such authority to transfer 
     may not be used unless for higher priority items, based on 
     unforeseen military requirements, than those for which 
     originally appropriated and in no case where the item for 
     which funds are requested has been denied by the Congress:  
     Provided further, That the Secretary of Defense shall notify 
     the Congress promptly of all transfers made pursuant to this 
     authority or any other authority in this Act:  Provided 
     further, That no part of the funds in this Act shall be 
     available to prepare or present a request to the Committees 
     on Appropriations for reprogramming of funds, unless for 
     higher priority items, based on unforeseen military 
     requirements, than those for which originally appropriated 
     and in no case where the item for which reprogramming is 
     requested has been denied by the Congress:  Provided further, 
     That a request for multiple reprogrammings of funds using 
     authority provided in this section shall be made prior to 
     June 30, 2012:  Provided further, That transfers among 
     military personnel appropriations shall not be taken into 
     account for purposes of the limitation on the amount of funds 
     that may be transferred under this section.
       Sec. 8006. (a) With regard to the list of specific 
     programs, projects, and activities (and the dollar amounts 
     and adjustments to budget activities corresponding to such 
     programs, projects, and activities) contained in the tables 
     titled ``Explanation of Project Level Adjustments'' in the 
     explanatory statement regarding this Act, the obligation and 
     expenditure of amounts appropriated or otherwise made 
     available in this Act for those programs, projects, and 
     activities for which the amounts appropriated exceed the 
     amounts requested are hereby required by law to be carried 
     out in the manner provided by such tables to the same extent 
     as if the tables were included in the text of this Act.
       (b) Amounts specified in the referenced tables described in 
     subsection (a) shall not be treated as subdivisions of 
     appropriations for purposes of section 8005 of this Act:  
     Provided, That section 8005 shall apply when transfers of the 
     amounts described in subsection (a) occur between 
     appropriation accounts.
       Sec. 8007. (a) Not later than 60 days after enactment of 
     this Act, the Department of Defense

[[Page 20295]]

     shall submit a report to the congressional defense committees 
     to establish the baseline for application of reprogramming 
     and transfer authorities for fiscal year 2012:  Provided, 
     That the report shall include--
       (1) a table for each appropriation with a separate column 
     to display the President's budget request, adjustments made 
     by Congress, adjustments due to enacted rescissions, if 
     appropriate, and the fiscal year enacted level;
       (2) a delineation in the table for each appropriation both 
     by budget activity and program, project, and activity as 
     detailed in the Budget Appendix; and
       (3) an identification of items of special congressional 
     interest.
       (b) Notwithstanding section 8005 of this Act, none of the 
     funds provided in this Act shall be available for 
     reprogramming or transfer until the report identified in 
     subsection (a) is submitted to the congressional defense 
     committees, unless the Secretary of Defense certifies in 
     writing to the congressional defense committees that such 
     reprogramming or transfer is necessary as an emergency 
     requirement.

                          (transfer of funds)

       Sec. 8008.  During the current fiscal year, cash balances 
     in working capital funds of the Department of Defense 
     established pursuant to section 2208 of title 10, United 
     States Code, may be maintained in only such amounts as are 
     necessary at any time for cash disbursements to be made from 
     such funds:  Provided, That transfers may be made between 
     such funds:  Provided further, That transfers may be made 
     between working capital funds and the ``Foreign Currency 
     Fluctuations, Defense'' appropriation and the ``Operation and 
     Maintenance'' appropriation accounts in such amounts as may 
     be determined by the Secretary of Defense, with the approval 
     of the Office of Management and Budget, except that such 
     transfers may not be made unless the Secretary of Defense has 
     notified the Congress of the proposed transfer. Except in 
     amounts equal to the amounts appropriated to working capital 
     funds in this Act, no obligations may be made against a 
     working capital fund to procure or increase the value of war 
     reserve material inventory, unless the Secretary of Defense 
     has notified the Congress prior to any such obligation.
       Sec. 8009.  Funds appropriated by this Act may not be used 
     to initiate a special access program without prior 
     notification 30 calendar days in advance to the congressional 
     defense committees.
       Sec. 8010.  None of the funds provided in this Act shall be 
     available to initiate: (1) a multiyear contract that employs 
     economic order quantity procurement in excess of $20,000,000 
     in any one year of the contract or that includes an unfunded 
     contingent liability in excess of $20,000,000; or (2) a 
     contract for advance procurement leading to a multiyear 
     contract that employs economic order quantity procurement in 
     excess of $20,000,000 in any one year, unless the 
     congressional defense committees have been notified at least 
     30 days in advance of the proposed contract award:  Provided, 
     That no part of any appropriation contained in this Act shall 
     be available to initiate a multiyear contract for which the 
     economic order quantity advance procurement is not funded at 
     least to the limits of the Government's liability:  Provided 
     further, That no part of any appropriation contained in this 
     Act shall be available to initiate multiyear procurement 
     contracts for any systems or component thereof if the value 
     of the multiyear contract would exceed $500,000,000 unless 
     specifically provided in this Act:  Provided further, That no 
     multiyear procurement contract can be terminated without 10-
     day prior notification to the congressional defense 
     committees:  Provided further, That the execution of 
     multiyear authority shall require the use of a present value 
     analysis to determine lowest cost compared to an annual 
     procurement:  Provided further, That none of the funds 
     provided in this Act may be used for a multiyear contract 
     executed after the date of the enactment of this Act unless 
     in the case of any such contract--
       (1) the Secretary of Defense has submitted to Congress a 
     budget request for full funding of units to be procured 
     through the contract and, in the case of a contract for 
     procurement of aircraft, that includes, for any aircraft unit 
     to be procured through the contract for which procurement 
     funds are requested in that budget request for production 
     beyond advance procurement activities in the fiscal year 
     covered by the budget, full funding of procurement of such 
     unit in that fiscal year;
       (2) cancellation provisions in the contract do not include 
     consideration of recurring manufacturing costs of the 
     contractor associated with the production of unfunded units 
     to be delivered under the contract;
       (3) the contract provides that payments to the contractor 
     under the contract shall not be made in advance of incurred 
     costs on funded units; and
       (4) the contract does not provide for a price adjustment 
     based on a failure to award a follow-on contract.
        Funds appropriated in title III of this Act may be used 
     for a multiyear procurement contract as follows:
        UH-60M/HH-60M and MH-60R/MH-60S Helicopter Airframes; and 
     MH-60R/S Mission Avionics and Common Cockpits.
       Sec. 8011.  Within the funds appropriated for the operation 
     and maintenance of the Armed Forces, funds are hereby 
     appropriated pursuant to section 401 of title 10, United 
     States Code, for humanitarian and civic assistance costs 
     under chapter 20 of title 10, United States Code. Such funds 
     may also be obligated for humanitarian and civic assistance 
     costs incidental to authorized operations and pursuant to 
     authority granted in section 401 of chapter 20 of title 10, 
     United States Code, and these obligations shall be reported 
     as required by section 401(d) of title 10, United States 
     Code:  Provided, That funds available for operation and 
     maintenance shall be available for providing humanitarian and 
     similar assistance by using Civic Action Teams in the Trust 
     Territories of the Pacific Islands and freely associated 
     states of Micronesia, pursuant to the Compact of Free 
     Association as authorized by Public Law 99-239:  Provided 
     further, That upon a determination by the Secretary of the 
     Army that such action is beneficial for graduate medical 
     education programs conducted at Army medical facilities 
     located in Hawaii, the Secretary of the Army may authorize 
     the provision of medical services at such facilities and 
     transportation to such facilities, on a nonreimbursable 
     basis, for civilian patients from American Samoa, the 
     Commonwealth of the Northern Mariana Islands, the Marshall 
     Islands, the Federated States of Micronesia, Palau, and Guam.
       Sec. 8012. (a) During fiscal year 2012, the civilian 
     personnel of the Department of Defense may not be managed on 
     the basis of any end-strength, and the management of such 
     personnel during that fiscal year shall not be subject to any 
     constraint or limitation (known as an end-strength) on the 
     number of such personnel who may be employed on the last day 
     of such fiscal year.
       (b) The fiscal year 2013 budget request for the Department 
     of Defense as well as all justification material and other 
     documentation supporting the fiscal year 2013 Department of 
     Defense budget request shall be prepared and submitted to the 
     Congress as if subsections (a) and (b) of this provision were 
     effective with regard to fiscal year 2013.
       (c) Nothing in this section shall be construed to apply to 
     military (civilian) technicians.
       Sec. 8013.  None of the funds made available by this Act 
     shall be used in any way, directly or indirectly, to 
     influence congressional action on any legislation or 
     appropriation matters pending before the Congress.
       Sec. 8014.  None of the funds appropriated by this Act 
     shall be available for the basic pay and allowances of any 
     member of the Army participating as a full-time student and 
     receiving benefits paid by the Secretary of Veterans Affairs 
     from the Department of Defense Education Benefits Fund when 
     time spent as a full-time student is credited toward 
     completion of a service commitment:  Provided, That this 
     section shall not apply to those members who have reenlisted 
     with this option prior to October 1, 1987:  Provided further, 
     That this section applies only to active components of the 
     Army.

                          (transfer of funds)

       Sec. 8015.  Funds appropriated in title III of this Act for 
     the Department of Defense Pilot Mentor-Protege Program may be 
     transferred to any other appropriation contained in this Act 
     solely for the purpose of implementing a Mentor-Protege 
     Program developmental assistance agreement pursuant to 
     section 831 of the National Defense Authorization Act for 
     Fiscal Year 1991 (Public Law 101-510; 10 U.S.C. 2302 note), 
     as amended, under the authority of this provision or any 
     other transfer authority contained in this Act.
       Sec. 8016.  None of the funds in this Act may be available 
     for the purchase by the Department of Defense (and its 
     departments and agencies) of welded shipboard anchor and 
     mooring chain 4 inches in diameter and under unless the 
     anchor and mooring chain are manufactured in the United 
     States from components which are substantially manufactured 
     in the United States:  Provided, That for the purpose of this 
     section, the term ``manufactured'' shall include cutting, 
     heat treating, quality control, testing of chain and welding 
     (including the forging and shot blasting process):  Provided 
     further, That for the purpose of this section substantially 
     all of the components of anchor and mooring chain shall be 
     considered to be produced or manufactured in the United 
     States if the aggregate cost of the components produced or 
     manufactured in the United States exceeds the aggregate cost 
     of the components produced or manufactured outside the United 
     States:  Provided further, That when adequate domestic 
     supplies are not available to meet Department of Defense 
     requirements on a timely basis, the Secretary of the service 
     responsible for the procurement may waive this restriction on 
     a case-by-case basis by certifying in writing to the 
     Committees on Appropriations that such an acquisition must be 
     made in order to acquire capability for national security 
     purposes.
       Sec. 8017.  None of the funds available to the Department 
     of Defense may be used to demilitarize or dispose of M-1 
     Carbines, M-1 Garand rifles, M-14 rifles, .22 caliber rifles, 
     .30 caliber rifles, or M-1911 pistols, or to demilitarize or 
     destroy small arms ammunition or ammunition components that 
     are not otherwise prohibited from commercial sale under 
     Federal law, unless the small arms ammunition or ammunition 
     components are certified by the Secretary of the Army or 
     designee as unserviceable or unsafe for further use.
       Sec. 8018.  No more than $500,000 of the funds appropriated 
     or made available in this Act shall be used during a single 
     fiscal year for any single relocation of an organization, 
     unit, activity or function of the Department of Defense into 
     or within the National Capital Region:  Provided, That the 
     Secretary of Defense may waive this restriction on a case-by-
     case basis by certifying

[[Page 20296]]

     in writing to the congressional defense committees that such 
     a relocation is required in the best interest of the 
     Government.
       Sec. 8019.  In addition to the funds provided elsewhere in 
     this Act, $15,000,000 is appropriated only for incentive 
     payments authorized by section 504 of the Indian Financing 
     Act of 1974 (25 U.S.C. 1544):  Provided, That a prime 
     contractor or a subcontractor at any tier that makes a 
     subcontract award to any subcontractor or supplier as defined 
     in section 1544 of title 25, United States Code, or a small 
     business owned and controlled by an individual or individuals 
     defined under section 4221(9) of title 25, United States 
     Code, shall be considered a contractor for the purposes of 
     being allowed additional compensation under section 504 of 
     the Indian Financing Act of 1974 (25 U.S.C. 1544) whenever 
     the prime contract or subcontract amount is over $500,000 and 
     involves the expenditure of funds appropriated by an Act 
     making Appropriations for the Department of Defense with 
     respect to any fiscal year:  Provided further, That 
     notwithstanding section 1906 of title 41, United States Code, 
     this section shall be applicable to any Department of Defense 
     acquisition of supplies or services, including any contract 
     and any subcontract at any tier for acquisition of commercial 
     items produced or manufactured, in whole or in part, by any 
     subcontractor or supplier defined in section 1544 of title 
     25, United States Code, or a small business owned and 
     controlled by an individual or individuals defined under 
     section 4221(9) of title 25, United States Code.
       Sec. 8020.  Funds appropriated by this Act for the Defense 
     Media Activity shall not be used for any national or 
     international political or psychological activities.
       Sec. 8021.  During the current fiscal year, the Department 
     of Defense is authorized to incur obligations of not to 
     exceed $350,000,000 for purposes specified in section 
     2350j(c) of title 10, United States Code, in anticipation of 
     receipt of contributions, only from the Government of Kuwait, 
     under that section:  Provided, That upon receipt, such 
     contributions from the Government of Kuwait shall be credited 
     to the appropriations or fund which incurred such 
     obligations.
       Sec. 8022. (a) Of the funds made available in this Act, not 
     less than $37,745,000 shall be available for the Civil Air 
     Patrol Corporation, of which--
       (1) $27,838,000 shall be available from ``Operation and 
     Maintenance, Air Force'' to support Civil Air Patrol 
     Corporation operation and maintenance, readiness, counterdrug 
     activities, and drug demand reduction activities involving 
     youth programs;
       (2) $8,990,000 shall be available from ``Aircraft 
     Procurement, Air Force''; and
       (3) $917,000 shall be available from ``Other Procurement, 
     Air Force'' for vehicle procurement.
       (b) The Secretary of the Air Force should waive 
     reimbursement for any funds used by the Civil Air Patrol for 
     counter-drug activities in support of Federal, State, and 
     local government agencies.
       Sec. 8023. (a) None of the funds appropriated in this Act 
     are available to establish a new Department of Defense 
     (department) federally funded research and development center 
     (FFRDC), either as a new entity, or as a separate entity 
     administrated by an organization managing another FFRDC, or 
     as a nonprofit membership corporation consisting of a 
     consortium of other FFRDCs and other nonprofit entities.
       (b) No member of a Board of Directors, Trustees, Overseers, 
     Advisory Group, Special Issues Panel, Visiting Committee, or 
     any similar entity of a defense FFRDC, and no paid consultant 
     to any defense FFRDC, except when acting in a technical 
     advisory capacity, may be compensated for his or her services 
     as a member of such entity, or as a paid consultant by more 
     than one FFRDC in a fiscal year:  Provided, That a member of 
     any such entity referred to previously in this subsection 
     shall be allowed travel expenses and per diem as authorized 
     under the Federal Joint Travel Regulations, when engaged in 
     the performance of membership duties.
       (c) Notwithstanding any other provision of law, none of the 
     funds available to the department from any source during 
     fiscal year 2012 may be used by a defense FFRDC, through a 
     fee or other payment mechanism, for construction of new 
     buildings, for payment of cost sharing for projects funded by 
     Government grants, for absorption of contract overruns, or 
     for certain charitable contributions, not to include employee 
     participation in community service and/or development.
       (d) Notwithstanding any other provision of law, of the 
     funds available to the department during fiscal year 2012, 
     not more than 5,750 staff years of technical effort (staff 
     years) may be funded for defense FFRDCs:  Provided, That of 
     the specific amount referred to previously in this 
     subsection, not more than 1,125 staff years may be funded for 
     the defense studies and analysis FFRDCs:  Provided further, 
     That this subsection shall not apply to staff years funded in 
     the National Intelligence Program (NIP) and the Military 
     Intelligence Program (MIP).
       (e) The Secretary of Defense shall, with the submission of 
     the department's fiscal year 2013 budget request, submit a 
     report presenting the specific amounts of staff years of 
     technical effort to be allocated for each defense FFRDC 
     during that fiscal year and the associated budget estimates.
       (f) Notwithstanding any other provision of this Act, the 
     total amount appropriated in this Act for FFRDCs is hereby 
     reduced by $150,245,000.
       Sec. 8024.  None of the funds appropriated or made 
     available in this Act shall be used to procure carbon, alloy 
     or armor steel plate for use in any Government-owned facility 
     or property under the control of the Department of Defense 
     which were not melted and rolled in the United States or 
     Canada:  Provided, That these procurement restrictions shall 
     apply to any and all Federal Supply Class 9515, American 
     Society of Testing and Materials (ASTM) or American Iron and 
     Steel Institute (AISI) specifications of carbon, alloy or 
     armor steel plate:  Provided further, That the Secretary of 
     the military department responsible for the procurement may 
     waive this restriction on a case-by-case basis by certifying 
     in writing to the Committees on Appropriations of the House 
     of Representatives and the Senate that adequate domestic 
     supplies are not available to meet Department of Defense 
     requirements on a timely basis and that such an acquisition 
     must be made in order to acquire capability for national 
     security purposes:  Provided further, That these restrictions 
     shall not apply to contracts which are in being as of the 
     date of the enactment of this Act.
       Sec. 8025.  For the purposes of this Act, the term 
     ``congressional defense committees'' means the Armed Services 
     Committee of the House of Representatives, the Armed Services 
     Committee of the Senate, the Subcommittee on Defense of the 
     Committee on Appropriations of the Senate, and the 
     Subcommittee on Defense of the Committee on Appropriations of 
     the House of Representatives.
       Sec. 8026.  During the current fiscal year, the Department 
     of Defense may acquire the modification, depot maintenance 
     and repair of aircraft, vehicles and vessels as well as the 
     production of components and other Defense-related articles, 
     through competition between Department of Defense depot 
     maintenance activities and private firms:  Provided, That the 
     Senior Acquisition Executive of the military department or 
     Defense Agency concerned, with power of delegation, shall 
     certify that successful bids include comparable estimates of 
     all direct and indirect costs for both public and private 
     bids:  Provided further, That Office of Management and Budget 
     Circular A-76 shall not apply to competitions conducted under 
     this section.
       Sec. 8027. (a)(1) If the Secretary of Defense, after 
     consultation with the United States Trade Representative, 
     determines that a foreign country which is party to an 
     agreement described in paragraph (2) has violated the terms 
     of the agreement by discriminating against certain types of 
     products produced in the United States that are covered by 
     the agreement, the Secretary of Defense shall rescind the 
     Secretary's blanket waiver of the Buy American Act with 
     respect to such types of products produced in that foreign 
     country.
       (2) An agreement referred to in paragraph (1) is any 
     reciprocal defense procurement memorandum of understanding, 
     between the United States and a foreign country pursuant to 
     which the Secretary of Defense has prospectively waived the 
     Buy American Act for certain products in that country.
       (b) The Secretary of Defense shall submit to the Congress a 
     report on the amount of Department of Defense purchases from 
     foreign entities in fiscal year 2012. Such report shall 
     separately indicate the dollar value of items for which the 
     Buy American Act was waived pursuant to any agreement 
     described in subsection (a)(2), the Trade Agreement Act of 
     1979 (19 U.S.C. 2501 et seq.), or any international agreement 
     to which the United States is a party.
       (c) For purposes of this section, the term ``Buy American 
     Act'' means chapter 83 of title 41, United States Code.
       Sec. 8028.  During the current fiscal year, amounts 
     contained in the Department of Defense Overseas Military 
     Facility Investment Recovery Account established by section 
     2921(c)(1) of the National Defense Authorization Act of 1991 
     (Public Law 101-510; 10 U.S.C. 2687 note) shall be available 
     until expended for the payments specified by section 
     2921(c)(2) of that Act.
       Sec. 8029. (a) Notwithstanding any other provision of law, 
     the Secretary of the Air Force may convey at no cost to the 
     Air Force, without consideration, to Indian tribes located in 
     the States of Nevada, Idaho, North Dakota, South Dakota, 
     Montana, Oregon, Minnesota, and Washington relocatable 
     military housing units located at Grand Forks Air Force Base, 
     Malmstrom Air Force Base, Mountain Home Air Force Base, 
     Ellsworth Air Force Base, and Minot Air Force Base that are 
     excess to the needs of the Air Force.
       (b) The Secretary of the Air Force shall convey, at no cost 
     to the Air Force, military housing units under subsection (a) 
     in accordance with the request for such units that are 
     submitted to the Secretary by the Operation Walking Shield 
     Program on behalf of Indian tribes located in the States of 
     Nevada, Idaho, North Dakota, South Dakota, Montana, Oregon, 
     Minnesota, and Washington. Any such conveyance shall be 
     subject to the condition that the housing units shall be 
     removed within a reasonable period of time, as determined by 
     the Secretary.
       (c) The Operation Walking Shield Program shall resolve any 
     conflicts among requests of Indian tribes for housing units 
     under subsection (a) before submitting requests to the 
     Secretary of the Air Force under subsection (b).
       (d) In this section, the term ``Indian tribe'' means any 
     recognized Indian tribe included on the current list 
     published by the Secretary of the Interior under section 104 
     of the Federally Recognized Indian Tribe Act of 1994 (Public 
     Law 103-454; 108 Stat. 4792; 25 U.S.C. 479a-1).

[[Page 20297]]

       Sec. 8030.  During the current fiscal year, appropriations 
     which are available to the Department of Defense for 
     operation and maintenance may be used to purchase items 
     having an investment item unit cost of not more than 
     $250,000.
       Sec. 8031. (a) During the current fiscal year, none of the 
     appropriations or funds available to the Department of 
     Defense Working Capital Funds shall be used for the purchase 
     of an investment item for the purpose of acquiring a new 
     inventory item for sale or anticipated sale during the 
     current fiscal year or a subsequent fiscal year to customers 
     of the Department of Defense Working Capital Funds if such an 
     item would not have been chargeable to the Department of 
     Defense Business Operations Fund during fiscal year 1994 and 
     if the purchase of such an investment item would be 
     chargeable during the current fiscal year to appropriations 
     made to the Department of Defense for procurement.
       (b) The fiscal year 2013 budget request for the Department 
     of Defense as well as all justification material and other 
     documentation supporting the fiscal year 2013 Department of 
     Defense budget shall be prepared and submitted to the 
     Congress on the basis that any equipment which was classified 
     as an end item and funded in a procurement appropriation 
     contained in this Act shall be budgeted for in a proposed 
     fiscal year 2013 procurement appropriation and not in the 
     supply management business area or any other area or category 
     of the Department of Defense Working Capital Funds.
       Sec. 8032.  None of the funds appropriated by this Act for 
     programs of the Central Intelligence Agency shall remain 
     available for obligation beyond the current fiscal year, 
     except for funds appropriated for the Reserve for 
     Contingencies, which shall remain available until September 
     30, 2013:  Provided, That funds appropriated, transferred, or 
     otherwise credited to the Central Intelligence Agency Central 
     Services Working Capital Fund during this or any prior or 
     subsequent fiscal year shall remain available until expended: 
      Provided further, That any funds appropriated or transferred 
     to the Central Intelligence Agency for advanced research and 
     development acquisition, for agent operations, and for covert 
     action programs authorized by the President under section 503 
     of the National Security Act of 1947, as amended, shall 
     remain available until September 30, 2013.
       Sec. 8033.  Notwithstanding any other provision of law, 
     funds made available in this Act for the Defense Intelligence 
     Agency may be used for the design, development, and 
     deployment of General Defense Intelligence Program 
     intelligence communications and intelligence information 
     systems for the Services, the Unified and Specified Commands, 
     and the component commands.
       Sec. 8034.  Of the funds appropriated to the Department of 
     Defense under the heading ``Operation and Maintenance, 
     Defense-Wide'', not less than $12,000,000 shall be made 
     available only for the mitigation of environmental impacts, 
     including training and technical assistance to tribes, 
     related administrative support, the gathering of information, 
     documenting of environmental damage, and developing a system 
     for prioritization of mitigation and cost to complete 
     estimates for mitigation, on Indian lands resulting from 
     Department of Defense activities.
       Sec. 8035. (a) None of the funds appropriated in this Act 
     may be expended by an entity of the Department of Defense 
     unless the entity, in expending the funds, complies with the 
     Buy American Act. For purposes of this subsection, the term 
     ``Buy American Act'' means chapter 83 of title 41, United 
     States Code.
       (b) If the Secretary of Defense determines that a person 
     has been convicted of intentionally affixing a label bearing 
     a ``Made in America'' inscription to any product sold in or 
     shipped to the United States that is not made in America, the 
     Secretary shall determine, in accordance with section 2410f 
     of title 10, United States Code, whether the person should be 
     debarred from contracting with the Department of Defense.
       (c) In the case of any equipment or products purchased with 
     appropriations provided under this Act, it is the sense of 
     the Congress that any entity of the Department of Defense, in 
     expending the appropriation, purchase only American-made 
     equipment and products, provided that American-made equipment 
     and products are cost-competitive, quality competitive, and 
     available in a timely fashion.
       Sec. 8036.  None of the funds appropriated by this Act 
     shall be available for a contract for studies, analysis, or 
     consulting services entered into without competition on the 
     basis of an unsolicited proposal unless the head of the 
     activity responsible for the procurement determines--
       (1) as a result of thorough technical evaluation, only one 
     source is found fully qualified to perform the proposed work;
       (2) the purpose of the contract is to explore an 
     unsolicited proposal which offers significant scientific or 
     technological promise, represents the product of original 
     thinking, and was submitted in confidence by one source; or
       (3) the purpose of the contract is to take advantage of 
     unique and significant industrial accomplishment by a 
     specific concern, or to insure that a new product or idea of 
     a specific concern is given financial support:  Provided, 
     That this limitation shall not apply to contracts in an 
     amount of less than $25,000, contracts related to 
     improvements of equipment that is in development or 
     production, or contracts as to which a civilian official of 
     the Department of Defense, who has been confirmed by the 
     Senate, determines that the award of such contract is in the 
     interest of the national defense.
       Sec. 8037. (a) Except as provided in subsections (b) and 
     (c), none of the funds made available by this Act may be 
     used--
       (1) to establish a field operating agency; or
       (2) to pay the basic pay of a member of the Armed Forces or 
     civilian employee of the department who is transferred or 
     reassigned from a headquarters activity if the member or 
     employee's place of duty remains at the location of that 
     headquarters.
       (b) The Secretary of Defense or Secretary of a military 
     department may waive the limitations in subsection (a), on a 
     case-by-case basis, if the Secretary determines, and 
     certifies to the Committees on Appropriations of the House of 
     Representatives and Senate that the granting of the waiver 
     will reduce the personnel requirements or the financial 
     requirements of the department.
       (c) This section does not apply to--
       (1) field operating agencies funded within the National 
     Intelligence Program;
       (2) an Army field operating agency established to 
     eliminate, mitigate, or counter the effects of improvised 
     explosive devices, and, as determined by the Secretary of the 
     Army, other similar threats; or
       (3) an Army field operating agency established to improve 
     the effectiveness and efficiencies of biometric activities 
     and to integrate common biometric technologies throughout the 
     Department of Defense.
       Sec. 8038.  The Secretary of Defense, notwithstanding any 
     other provision of law, acting through the Office of Economic 
     Adjustment of the Department of Defense, may use funds made 
     available in this Act under the heading ``Operation and 
     Maintenance, Defense-Wide'' to make grants and supplement 
     other Federal funds in accordance with the guidance provided 
     in the explanatory statement regarding this Act.
       Sec. 8039. (a) None of the funds appropriated by this Act 
     shall be available to convert to contractor performance an 
     activity or function of the Department of Defense that, on or 
     after the date of the enactment of this Act, is performed by 
     Department of Defense civilian employees unless--
       (1) the conversion is based on the result of a public-
     private competition that includes a most efficient and cost 
     effective organization plan developed by such activity or 
     function;
       (2) the Competitive Sourcing Official determines that, over 
     all performance periods stated in the solicitation of offers 
     for performance of the activity or function, the cost of 
     performance of the activity or function by a contractor would 
     be less costly to the Department of Defense by an amount that 
     equals or exceeds the lesser of--
       (A) 10 percent of the most efficient organization's 
     personnel-related costs for performance of that activity or 
     function by Federal employees; or
       (B) $10,000,000; and
       (3) the contractor does not receive an advantage for a 
     proposal that would reduce costs for the Department of 
     Defense by--
       (A) not making an employer-sponsored health insurance plan 
     available to the workers who are to be employed in the 
     performance of that activity or function under the contract; 
     or
       (B) offering to such workers an employer-sponsored health 
     benefits plan that requires the employer to contribute less 
     towards the premium or subscription share than the amount 
     that is paid by the Department of Defense for health benefits 
     for civilian employees under chapter 89 of title 5, United 
     States Code.
       (b)(1) The Department of Defense, without regard to 
     subsection (a) of this section or subsection (a), (b), or (c) 
     of section 2461 of title 10, United States Code, and 
     notwithstanding any administrative regulation, requirement, 
     or policy to the contrary shall have full authority to enter 
     into a contract for the performance of any commercial or 
     industrial type function of the Department of Defense that--
       (A) is included on the procurement list established 
     pursuant to section 2 of the Javits-Wagner-O'Day Act (section 
     8503 of title 41, United States Code);
       (B) is planned to be converted to performance by a 
     qualified nonprofit agency for the blind or by a qualified 
     nonprofit agency for other severely handicapped individuals 
     in accordance with that Act; or
       (C) is planned to be converted to performance by a 
     qualified firm under at least 51 percent ownership by an 
     Indian tribe, as defined in section 4(e) of the Indian Self-
     Determination and Education Assistance Act (25 U.S.C. 
     450b(e)), or a Native Hawaiian Organization, as defined in 
     section 8(a)(15) of the Small Business Act (15 U.S.C. 
     637(a)(15)).
       (2) This section shall not apply to depot contracts or 
     contracts for depot maintenance as provided in sections 2469 
     and 2474 of title 10, United States Code.
       (c) The conversion of any activity or function of the 
     Department of Defense under the authority provided by this 
     section shall be credited toward any competitive or 
     outsourcing goal, target, or measurement that may be 
     established by statute, regulation, or policy and is deemed 
     to be awarded under the authority of, and in compliance with, 
     subsection (h) of section 2304 of title 10, United States 
     Code, for the competition or outsourcing of commercial 
     activities.

                             (rescissions)

       Sec. 8040.  Of the funds appropriated in Department of 
     Defense Appropriations Acts, the following funds are hereby 
     rescinded from the following accounts and programs in the 
     specified amounts:
       ``National Defense Sealift Fund, 2002/XXXX'', $20,444,000;
       ``National Defense Sealift Fund, 2003/XXXX'', $8,500,000;

[[Page 20298]]

       ``National Defense Sealift Fund, 2004/XXXX'', $6,500,000;
       ``Aircraft Procurement, Army, 2010/2012'', $5,100,000;
       ``Procurement of Weapons and Tracked Combat Vehicles, Army, 
     2010/2012'', $4,353,000;
       ``Procurement of Ammunition, Army, 2010/2012'', 
     $21,674,000;
       ``Other Procurement, Army, 2010/2012'', $58,647,000;
       ``Aircraft Procurement, Navy, 2010/2012'', $90,000,000;
       ``Aircraft Procurement, Air Force, 2010/2012'', 
     $32,897,000;
       ``Missile Procurement, Air Force, 2010/2012'', $3,889,000;
       ``Other Procurement, Air Force, 2010/2012'', $12,200,000;
       ``Procurement, Defense-Wide, 2010/2012'', $716,000;
       ``Aircraft Procurement, Army, 2011/2013'', $21,500,000;
       ``Missile Procurement, Army, 2011/2013'', $99,800,000;
       ``Procurement of Weapons and Tracked Combat Vehicles, Army, 
     2011/2013'', $18,834,000;
       ``Procurement of Ammunition, Army, 2011/2013'', 
     $15,000,000;
       ``Other Procurement, Army, 2011/2013'', $438,436,000;
       ``Aircraft Procurement, Navy, 2011/2013'', $78,000,000;
       ``Weapons Procurement, Navy, 2011/2013'', $34,276,000;
       ``Procurement of Ammunition, Navy and Marine Corps, 2011/
     2013'', $28,262,000;
       ``Other Procurement, Navy, 2011/2013'', $59,598,000;
       Under the heading, ``Shipbuilding and Conversion, Navy, 
     2011/2015'': Littoral Combat Ship Advance Procurement: 
     $110,351,000;
       ``Aircraft Procurement, Air Force, 2011/2013'', 
     $220,213,000;
       ``Missile Procurement, Air Force, 2011/2013'', 
     $193,900,000;
       ``Other Procurement, Air Force, 2011/2013'', $52,868,000;
       ``Procurement, Defense-Wide, 2011/2013'', $4,312,000;
       ``Research, Development, Test and Evaluation, Army, 2011/
     2012'', $356,625,000;
       ``Research, Development, Test and Evaluation, Navy, 2011/
     2012'', $65,687,000;
       ``Research, Development, Test and Evaluation, Air Force, 
     2011/2012'', $258,094,000;
       ``Research, Development, Test and Evaluation, Defense-Wide, 
     2011/2012'', $254,284,000;
       ``Defense Health Program, 2011/2012'', $257,000:
        Provided, That the funds rescinded from the National 
     Defense Sealift accounts are those described under the 
     heading ``National Defense Sealift Fund'' in Public Law 107-
     117, Public Law 107-248, and Public Law 108-87, or for the 
     purposes described in section 115 of division H of Public Law 
     108-199, as amended by section 1017 of division A of Public 
     Law 109-13.
       Sec. 8041.  None of the funds available in this Act may be 
     used to reduce the authorized positions for military 
     technicians (dual status) of the Army National Guard, Air 
     National Guard, Army Reserve and Air Force Reserve for the 
     purpose of applying any administratively imposed civilian 
     personnel ceiling, freeze, or reduction on military 
     technicians (dual status), unless such reductions are a 
     direct result of a reduction in military force structure.
       Sec. 8042.  None of the funds appropriated or otherwise 
     made available in this Act may be obligated or expended for 
     assistance to the Democratic People's Republic of Korea 
     unless specifically appropriated for that purpose.
       Sec. 8043.  Funds appropriated in this Act for operation 
     and maintenance of the Military Departments, Combatant 
     Commands and Defense Agencies shall be available for 
     reimbursement of pay, allowances and other expenses which 
     would otherwise be incurred against appropriations for the 
     National Guard and Reserve when members of the National Guard 
     and Reserve provide intelligence or counterintelligence 
     support to Combatant Commands, Defense Agencies and Joint 
     Intelligence Activities, including the activities and 
     programs included within the National Intelligence Program 
     and the Military Intelligence Program:  Provided, That 
     nothing in this section authorizes deviation from established 
     Reserve and National Guard personnel and training procedures.
       Sec. 8044.  During the current fiscal year, none of the 
     funds appropriated in this Act may be used to reduce the 
     civilian medical and medical support personnel assigned to 
     military treatment facilities below the September 30, 2003, 
     level:  Provided, That the Service Surgeons General may waive 
     this section by certifying to the congressional defense 
     committees that the beneficiary population is declining in 
     some catchment areas and civilian strength reductions may be 
     consistent with responsible resource stewardship and 
     capitation-based budgeting.
       Sec. 8045. (a) None of the funds available to the 
     Department of Defense for any fiscal year for drug 
     interdiction or counter-drug activities may be transferred to 
     any other department or agency of the United States except as 
     specifically provided in an appropriations law.
       (b) None of the funds available to the Central Intelligence 
     Agency for any fiscal year for drug interdiction and counter-
     drug activities may be transferred to any other department or 
     agency of the United States except as specifically provided 
     in an appropriations law.
       Sec. 8046.  None of the funds appropriated by this Act may 
     be used for the procurement of ball and roller bearings other 
     than those produced by a domestic source and of domestic 
     origin:  Provided, That the Secretary of the military 
     department responsible for such procurement may waive this 
     restriction on a case-by-case basis by certifying in writing 
     to the Committees on Appropriations of the House of 
     Representatives and the Senate, that adequate domestic 
     supplies are not available to meet Department of Defense 
     requirements on a timely basis and that such an acquisition 
     must be made in order to acquire capability for national 
     security purposes:  Provided further, That this restriction 
     shall not apply to the purchase of ``commercial items'', as 
     defined by section 4(12) of the Office of Federal Procurement 
     Policy Act, except that the restriction shall apply to ball 
     or roller bearings purchased as end items.
       Sec. 8047.  None of the funds in this Act may be used to 
     purchase any supercomputer which is not manufactured in the 
     United States, unless the Secretary of Defense certifies to 
     the congressional defense committees that such an acquisition 
     must be made in order to acquire capability for national 
     security purposes that is not available from United States 
     manufacturers.
       Sec. 8048.  None of the funds made available in this or any 
     other Act may be used to pay the salary of any officer or 
     employee of the Department of Defense who approves or 
     implements the transfer of administrative responsibilities or 
     budgetary resources of any program, project, or activity 
     financed by this Act to the jurisdiction of another Federal 
     agency not financed by this Act without the express 
     authorization of Congress:  Provided, That this limitation 
     shall not apply to transfers of funds expressly provided for 
     in Defense Appropriations Acts, or provisions of Acts 
     providing supplemental appropriations for the Department of 
     Defense.
       Sec. 8049. (a) Notwithstanding any other provision of law, 
     none of the funds available to the Department of Defense for 
     the current fiscal year may be obligated or expended to 
     transfer to another nation or an international organization 
     any defense articles or services (other than intelligence 
     services) for use in the activities described in subsection 
     (b) unless the congressional defense committees, the 
     Committee on Foreign Affairs of the House of Representatives, 
     and the Committee on Foreign Relations of the Senate are 
     notified 15 days in advance of such transfer.
       (b) This section applies to--
       (1) any international peacekeeping or peace-enforcement 
     operation under the authority of chapter VI or chapter VII of 
     the United Nations Charter under the authority of a United 
     Nations Security Council resolution; and
       (2) any other international peacekeeping, peace-
     enforcement, or humanitarian assistance operation.
       (c) A notice under subsection (a) shall include the 
     following:
       (1) A description of the equipment, supplies, or services 
     to be transferred.
       (2) A statement of the value of the equipment, supplies, or 
     services to be transferred.
       (3) In the case of a proposed transfer of equipment or 
     supplies--
       (A) a statement of whether the inventory requirements of 
     all elements of the Armed Forces (including the reserve 
     components) for the type of equipment or supplies to be 
     transferred have been met; and
       (B) a statement of whether the items proposed to be 
     transferred will have to be replaced and, if so, how the 
     President proposes to provide funds for such replacement.
       Sec. 8050.  None of the funds available to the Department 
     of Defense under this Act shall be obligated or expended to 
     pay a contractor under a contract with the Department of 
     Defense for costs of any amount paid by the contractor to an 
     employee when--
       (1) such costs are for a bonus or otherwise in excess of 
     the normal salary paid by the contractor to the employee; and
       (2) such bonus is part of restructuring costs associated 
     with a business combination.

                     (including transfer of funds)

       Sec. 8051.  During the current fiscal year, no more than 
     $30,000,000 of appropriations made in this Act under the 
     heading ``Operation and Maintenance, Defense-Wide'' may be 
     transferred to appropriations available for the pay of 
     military personnel, to be merged with, and to be available 
     for the same time period as the appropriations to which 
     transferred, to be used in support of such personnel in 
     connection with support and services for eligible 
     organizations and activities outside the Department of 
     Defense pursuant to section 2012 of title 10, United States 
     Code.
       Sec. 8052.  During the current fiscal year, in the case of 
     an appropriation account of the Department of Defense for 
     which the period of availability for obligation has expired 
     or which has closed under the provisions of section 1552 of 
     title 31, United States Code, and which has a negative 
     unliquidated or unexpended balance, an obligation or an 
     adjustment of an obligation may be charged to any current 
     appropriation account for the same purpose as the expired or 
     closed account if--
       (1) the obligation would have been properly chargeable 
     (except as to amount) to the expired or closed account before 
     the end of the period of availability or closing of that 
     account;
       (2) the obligation is not otherwise properly chargeable to 
     any current appropriation account of the Department of 
     Defense; and
       (3) in the case of an expired account, the obligation is 
     not chargeable to a current appropriation of the Department 
     of Defense under the provisions of section 1405(b)(8) of the 
     National

[[Page 20299]]

     Defense Authorization Act for Fiscal Year 1991, Public Law 
     101-510, as amended (31 U.S.C. 1551 note):  Provided, That in 
     the case of an expired account, if subsequent review or 
     investigation discloses that there was not in fact a negative 
     unliquidated or unexpended balance in the account, any charge 
     to a current account under the authority of this section 
     shall be reversed and recorded against the expired account:  
     Provided further, That the total amount charged to a current 
     appropriation under this section may not exceed an amount 
     equal to 1 percent of the total appropriation for that 
     account.
       Sec. 8053. (a) Notwithstanding any other provision of law, 
     the Chief of the National Guard Bureau may permit the use of 
     equipment of the National Guard Distance Learning Project by 
     any person or entity on a space-available, reimbursable 
     basis. The Chief of the National Guard Bureau shall establish 
     the amount of reimbursement for such use on a case-by-case 
     basis.
       (b) Amounts collected under subsection (a) shall be 
     credited to funds available for the National Guard Distance 
     Learning Project and be available to defray the costs 
     associated with the use of equipment of the project under 
     that subsection. Such funds shall be available for such 
     purposes without fiscal year limitation.
       Sec. 8054.  Using funds made available by this Act or any 
     other Act, the Secretary of the Air Force, pursuant to a 
     determination under section 2690 of title 10, United States 
     Code, may implement cost-effective agreements for required 
     heating facility modernization in the Kaiserslautern Military 
     Community in the Federal Republic of Germany:  Provided, That 
     in the City of Kaiserslautern and at the Rhine Ordnance 
     Barracks area, such agreements will include the use of United 
     States anthracite as the base load energy for municipal 
     district heat to the United States Defense installations:  
     Provided further, That at Landstuhl Army Regional Medical 
     Center and Ramstein Air Base, furnished heat may be obtained 
     from private, regional or municipal services, if provisions 
     are included for the consideration of United States coal as 
     an energy source.
       Sec. 8055.  None of the funds appropriated in title IV of 
     this Act may be used to procure end-items for delivery to 
     military forces for operational training, operational use or 
     inventory requirements:  Provided, That this restriction does 
     not apply to end-items used in development, prototyping, and 
     test activities preceding and leading to acceptance for 
     operational use:  Provided further, That this restriction 
     does not apply to programs funded within the National 
     Intelligence Program:  Provided further, That the Secretary 
     of Defense may waive this restriction on a case-by-case basis 
     by certifying in writing to the Committees on Appropriations 
     of the House of Representatives and the Senate that it is in 
     the national security interest to do so.
       Sec. 8056.  None of the funds made available in this Act 
     may be used to approve or license the sale of the F-22A 
     advanced tactical fighter to any foreign government:  
     Provided, That the Department of Defense may conduct or 
     participate in studies, research, design and other activities 
     to define and develop a future export version of the F-22A 
     that protects classified and sensitive information, 
     technologies and U.S. warfighting capabilities.
       Sec. 8057. (a) The Secretary of Defense may, on a case-by-
     case basis, waive with respect to a foreign country each 
     limitation on the procurement of defense items from foreign 
     sources provided in law if the Secretary determines that the 
     application of the limitation with respect to that country 
     would invalidate cooperative programs entered into between 
     the Department of Defense and the foreign country, or would 
     invalidate reciprocal trade agreements for the procurement of 
     defense items entered into under section 2531 of title 10, 
     United States Code, and the country does not discriminate 
     against the same or similar defense items produced in the 
     United States for that country.
       (b) Subsection (a) applies with respect to--
       (1) contracts and subcontracts entered into on or after the 
     date of the enactment of this Act; and
       (2) options for the procurement of items that are exercised 
     after such date under contracts that are entered into before 
     such date if the option prices are adjusted for any reason 
     other than the application of a waiver granted under 
     subsection (a).
       (c) Subsection (a) does not apply to a limitation regarding 
     construction of public vessels, ball and roller bearings, 
     food, and clothing or textile materials as defined by section 
     11 (chapters 50-65) of the Harmonized Tariff Schedule and 
     products classified under headings 4010, 4202, 4203, 6401 
     through 6406, 6505, 7019, 7218 through 7229, 7304.41 through 
     7304.49, 7306.40, 7502 through 7508, 8105, 8108, 8109, 8211, 
     8215, and 9404.
       Sec. 8058. (a) None of the funds made available by this Act 
     may be used to support any training program involving a unit 
     of the security forces or police of a foreign country if the 
     Secretary of Defense has received credible information from 
     the Department of State that the unit has committed a gross 
     violation of human rights, unless all necessary corrective 
     steps have been taken.
       (b) The Secretary of Defense, in consultation with the 
     Secretary of State, shall ensure that prior to a decision to 
     conduct any training program referred to in subsection (a), 
     full consideration is given to all credible information 
     available to the Department of State relating to human rights 
     violations by foreign security forces.
       (c) The Secretary of Defense, after consultation with the 
     Secretary of State, may waive the prohibition in subsection 
     (a) if he determines that such waiver is required by 
     extraordinary circumstances.
       (d) Not more than 15 days after the exercise of any waiver 
     under subsection (c), the Secretary of Defense shall submit a 
     report to the congressional defense committees describing the 
     extraordinary circumstances, the purpose and duration of the 
     training program, the United States forces and the foreign 
     security forces involved in the training program, and the 
     information relating to human rights violations that 
     necessitates the waiver.
       Sec. 8059.  None of the funds appropriated or otherwise 
     made available by this or other Department of Defense 
     Appropriations Acts may be obligated or expended for the 
     purpose of performing repairs or maintenance to military 
     family housing units of the Department of Defense, including 
     areas in such military family housing units that may be used 
     for the purpose of conducting official Department of Defense 
     business.
       Sec. 8060.  Notwithstanding any other provision of law, 
     funds appropriated in this Act under the heading ``Research, 
     Development, Test and Evaluation, Defense-Wide'' for any new 
     start advanced concept technology demonstration project or 
     joint capability demonstration project may only be obligated 
     45 days after a report, including a description of the 
     project, the planned acquisition and transition strategy and 
     its estimated annual and total cost, has been provided in 
     writing to the congressional defense committees:  Provided, 
     That the Secretary of Defense may waive this restriction on a 
     case-by-case basis by certifying to the congressional defense 
     committees that it is in the national interest to do so.
       Sec. 8061.  The Secretary of Defense shall provide a 
     classified quarterly report beginning 30 days after enactment 
     of this Act, to the House and Senate Appropriations 
     Committees, Subcommittees on Defense on certain matters as 
     directed in the classified annex accompanying this Act.
       Sec. 8062.  During the current fiscal year, none of the 
     funds available to the Department of Defense may be used to 
     provide support to another department or agency of the United 
     States if such department or agency is more than 90 days in 
     arrears in making payment to the Department of Defense for 
     goods or services previously provided to such department or 
     agency on a reimbursable basis:  Provided, That this 
     restriction shall not apply if the department is authorized 
     by law to provide support to such department or agency on a 
     nonreimbursable basis, and is providing the requested support 
     pursuant to such authority:  Provided further, That the 
     Secretary of Defense may waive this restriction on a case-by-
     case basis by certifying in writing to the Committees on 
     Appropriations of the House of Representatives and the Senate 
     that it is in the national security interest to do so.
       Sec. 8063.  Notwithstanding section 12310(b) of title 10, 
     United States Code, a Reserve who is a member of the National 
     Guard serving on full-time National Guard duty under section 
     502(f) of title 32, United States Code, may perform duties in 
     support of the ground-based elements of the National 
     Ballistic Missile Defense System.
       Sec. 8064.  None of the funds provided in this Act may be 
     used to transfer to any nongovernmental entity ammunition 
     held by the Department of Defense that has a center-fire 
     cartridge and a United States military nomenclature 
     designation of ``armor penetrator'', ``armor piercing (AP)'', 
     ``armor piercing incendiary (API)'', or ``armor-piercing 
     incendiary tracer (API-T)'', except to an entity performing 
     demilitarization services for the Department of Defense under 
     a contract that requires the entity to demonstrate to the 
     satisfaction of the Department of Defense that armor piercing 
     projectiles are either: (1) rendered incapable of reuse by 
     the demilitarization process; or (2) used to manufacture 
     ammunition pursuant to a contract with the Department of 
     Defense or the manufacture of ammunition for export pursuant 
     to a License for Permanent Export of Unclassified Military 
     Articles issued by the Department of State.
       Sec. 8065.  Notwithstanding any other provision of law, the 
     Chief of the National Guard Bureau, or his designee, may 
     waive payment of all or part of the consideration that 
     otherwise would be required under section 2667 of title 10, 
     United States Code, in the case of a lease of personal 
     property for a period not in excess of 1 year to any 
     organization specified in section 508(d) of title 32, United 
     States Code, or any other youth, social, or fraternal 
     nonprofit organization as may be approved by the Chief of the 
     National Guard Bureau, or his designee, on a case-by-case 
     basis.
       Sec. 8066.  None of the funds appropriated by this Act 
     shall be used for the support of any nonappropriated funds 
     activity of the Department of Defense that procures malt 
     beverages and wine with nonappropriated funds for resale 
     (including such alcoholic beverages sold by the drink) on a 
     military installation located in the United States unless 
     such malt beverages and wine are procured within that State, 
     or in the case of the District of Columbia, within the 
     District of Columbia, in which the military installation is 
     located:  Provided, That in a case in which the military 
     installation is located in more than one State, purchases may 
     be made in any State in which the installation is located:  
     Provided further, That such local procurement requirements 
     for malt beverages and wine shall apply to all alcoholic 
     beverages only for military installations in States which are 
     not contiguous

[[Page 20300]]

     with another State:  Provided further, That alcoholic 
     beverages other than wine and malt beverages, in contiguous 
     States and the District of Columbia shall be procured from 
     the most competitive source, price and other factors 
     considered.

                     (including transfer of funds)

       Sec. 8067.  Of the amounts appropriated in this Act under 
     the heading ``Operation and Maintenance, Army'', $124,493,000 
     shall remain available until expended:  Provided, That 
     notwithstanding any other provision of law, the Secretary of 
     Defense is authorized to transfer such funds to other 
     activities of the Federal Government:  Provided further, That 
     the Secretary of Defense is authorized to enter into and 
     carry out contracts for the acquisition of real property, 
     construction, personal services, and operations related to 
     projects carrying out the purposes of this section:  Provided 
     further, That contracts entered into under the authority of 
     this section may provide for such indemnification as the 
     Secretary determines to be necessary:  Provided further, That 
     projects authorized by this section shall comply with 
     applicable Federal, State, and local law to the maximum 
     extent consistent with the national security, as determined 
     by the Secretary of Defense.
       Sec. 8068.  Section 8106 of the Department of Defense 
     Appropriations Act, 1997 (titles I through VIII of the matter 
     under subsection 101(b) of Public Law 104-208; 110 Stat. 
     3009-111; 10 U.S.C. 113 note) shall continue in effect to 
     apply to disbursements that are made by the Department of 
     Defense in fiscal year 2012.
       Sec. 8069.  In addition to amounts provided elsewhere in 
     this Act, $4,000,000 is hereby appropriated to the Department 
     of Defense, to remain available for obligation until 
     expended:  Provided, That notwithstanding any other provision 
     of law, that upon the determination of the Secretary of 
     Defense that it shall serve the national interest, these 
     funds shall be available only for a grant to the Fisher House 
     Foundation, Inc., only for the construction and furnishing of 
     additional Fisher Houses to meet the needs of military family 
     members when confronted with the illness or hospitalization 
     of an eligible military beneficiary.
       Sec. 8070. (a) In General.--Subchapter I of chapter 88 of 
     title 10, United States Code, is amended by adding the 
     following new section at its end--

     ``Sec. 1790. MILITARY PERSONNEL CITIZENSHIP PROCESSING.

       ``Authorization of Payments.--Using funds provided for 
     operation and maintenance and notwithstanding section 2215 of 
     title 10, United States Code, the Secretary of Defense may 
     reimburse the Secretary of Homeland Security for costs 
     associated with the processing and adjudication by the United 
     States Citizenship and Immigration Services (USCIS) of 
     applications for naturalization described in sections 
     328(b)(4) and 329(b)(4) of the Immigration and Nationality 
     Act (8 U.S.C. Sec. Sec.  1439(b)(4) and 1440(b)(4)). Such 
     reimbursements shall be deposited and remain available as 
     provided by sections 286(m) and (n) of such Act (8 U.S.C. 
     Sec.  1356(m)). Such reimbursements shall be based on actual 
     costs incurred by USCIS for processing applications for 
     naturalization, and shall not exceed $7,500,000 per fiscal 
     year.''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of subchapter I of chapter 88 of title 10, United 
     States Code, is amended by inserting after the item relating 
     to section 1789 the following new item:

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

                     (including transfer of funds)

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

                     (including transfer of funds)

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

                     (including transfer of funds)

       Sec. 8074. (a) Of the amounts appropriated in title IV of 
     this Act under the heading ``Research, Development, Test and 
     Evaluation, Army'', for Budget Activities 4, 5 and 7, 
     $50,000,000 shall be transferred to Program Element 0605601A: 
      Provided, That no funds may be transferred until 30 days 
     after the Secretary of the Army provides to the congressional 
     defense committees a report including the details of any such 
     transfer:  Provided further, That the transfer authority 
     provided under this provision is in addition to any other 
     transfer authority contained in this Act.
       (b) Of the amounts appropriated in title IV of this Act 
     under the heading ``Research, Development, Test and 
     Evaluation, Air Force'', for Budget Activities 4, 5 and 7, 
     $34,000,000 shall be transferred to Program Element 0605807F: 
      Provided, That no funds may be transferred until 30 days 
     after the Secretary of the Air Force provides to the 
     congressional defense committees a report including the 
     details of any such transfer:  Provided further, That the 
     transfer authority provided under this provision is in 
     addition to any other transfer authority contained in this 
     Act.
       Sec. 8075.  Funds appropriated by this Act, or made 
     available by the transfer of funds in this Act, for 
     intelligence activities are deemed to be specifically 
     authorized by the Congress for purposes of section 504 of the 
     National Security Act of 1947 (50 U.S.C. 414) during fiscal 
     year 2012 until the enactment of the Intelligence 
     Authorization Act for Fiscal Year 2012.
       Sec. 8076.  None of the funds provided in this Act shall be 
     available for obligation or expenditure through a 
     reprogramming of funds that creates or initiates a new 
     program, project, or activity unless such program, project, 
     or activity must be undertaken immediately in the interest of 
     national security and only after written prior notification 
     to the congressional defense committees.
       Sec. 8077.  The budget of the President for fiscal year 
     2013 submitted to the Congress pursuant to section 1105 of 
     title 31, United States Code, shall include separate budget 
     justification documents for costs of United States Armed 
     Forces' participation in contingency operations for the 
     Military Personnel accounts, the Operation and Maintenance 
     accounts, and the Procurement accounts:  Provided, That these 
     documents shall include a description of the funding 
     requested for each contingency operation, for each military 
     service, to include all Active and Reserve components, and 
     for each appropriations account:  Provided further, That 
     these documents shall include estimated costs for each 
     element of expense or object class, a reconciliation of 
     increases and decreases for each contingency operation, and 
     programmatic data including, but not limited to, troop 
     strength for each Active and Reserve component, and estimates 
     of the major weapons systems deployed in support of each 
     contingency:  Provided further, That these documents shall 
     include budget exhibits OP-5 and OP-32 (as defined in the 
     Department of Defense Financial Management Regulation) for 
     all contingency operations for the budget year and the two 
     preceding fiscal years.
       Sec. 8078.  None of the funds in this Act may be used for 
     research, development, test, evaluation, procurement or 
     deployment of nuclear armed interceptors of a missile defense 
     system.

                     (including transfer of funds)

       Sec. 8079.  In addition to the amounts appropriated or 
     otherwise made available elsewhere in this Act, $44,000,000 
     is hereby appropriated to the Department of Defense:  
     Provided, That upon the determination of the Secretary of 
     Defense that it shall serve the national interest, he shall 
     make grants in the amounts specified as follows: $20,000,000 
     to the United Service Organizations and $24,000,000 to the 
     Red Cross.
       Sec. 8080.  None of the funds appropriated or made 
     available in this Act shall be used to reduce or disestablish 
     the operation of the 53rd Weather Reconnaissance Squadron of 
     the Air Force Reserve, if such action would reduce the WC-130 
     Weather Reconnaissance mission below the levels funded in 
     this Act:  Provided, That the Air Force shall allow the 53rd 
     Weather Reconnaissance Squadron to perform other missions in 
     support of national defense requirements during the non-
     hurricane season.
       Sec. 8081.  None of the funds provided in this Act shall be 
     available for integration of foreign intelligence information 
     unless the information has been lawfully collected and 
     processed during the conduct of authorized foreign 
     intelligence activities:  Provided, That information

[[Page 20301]]

     pertaining to United States persons shall only be handled in 
     accordance with protections provided in the Fourth Amendment 
     of the United States Constitution as implemented through 
     Executive Order No. 12333.
       Sec. 8082. (a) At the time members of reserve components of 
     the Armed Forces are called or ordered to active duty under 
     section 12302(a) of title 10, United States Code, each member 
     shall be notified in writing of the expected period during 
     which the member will be mobilized.
       (b) The Secretary of Defense may waive the requirements of 
     subsection (a) in any case in which the Secretary determines 
     that it is necessary to do so to respond to a national 
     security emergency or to meet dire operational requirements 
     of the Armed Forces.

                     (including transfer of funds)

       Sec. 8083.  The Secretary of Defense may transfer funds 
     from any available Department of the Navy appropriation to 
     any available Navy ship construction appropriation for the 
     purpose of liquidating necessary changes resulting from 
     inflation, market fluctuations, or rate adjustments for any 
     ship construction program appropriated in law:  Provided, 
     That the Secretary may transfer not to exceed $100,000,000 
     under the authority provided by this section:  Provided 
     further, That the Secretary may not transfer any funds until 
     30 days after the proposed transfer has been reported to the 
     Committees on Appropriations of the House of Representatives 
     and the Senate, unless a response from the Committees is 
     received sooner:  Provided further, That any funds 
     transferred pursuant to this section shall retain the same 
     period of availability as when originally appropriated:  
     Provided further, That the transfer authority provided by 
     this section is in addition to any other transfer authority 
     contained elsewhere in this Act.
       Sec. 8084.  For purposes of section 7108 of title 41, 
     United States Code, any subdivision of appropriations made 
     under the heading ``Shipbuilding and Conversion, Navy'' that 
     is not closed at the time reimbursement is made shall be 
     available to reimburse the Judgment Fund and shall be 
     considered for the same purposes as any subdivision under the 
     heading ``Shipbuilding and Conversion, Navy'' appropriations 
     in the current fiscal year or any prior fiscal year.
       Sec. 8085. (a) None of the funds appropriated by this Act 
     may be used to transfer research and development, 
     acquisition, or other program authority relating to current 
     tactical unmanned aerial vehicles (TUAVs) from the Army.
       (b) The Army shall retain responsibility for and 
     operational control of the MQ-1C Sky Warrior Unmanned Aerial 
     Vehicle (UAV) in order to support the Secretary of Defense in 
     matters relating to the employment of unmanned aerial 
     vehicles.
       Sec. 8086.  Up to $15,000,000 of the funds appropriated 
     under the heading ``Operation and Maintenance, Navy'' may be 
     made available for the Asia Pacific Regional Initiative 
     Program for the purpose of enabling the Pacific Command to 
     execute Theater Security Cooperation activities such as 
     humanitarian assistance, and payment of incremental and 
     personnel costs of training and exercising with foreign 
     security forces:  Provided, That funds made available for 
     this purpose may be used, notwithstanding any other funding 
     authorities for humanitarian assistance, security assistance 
     or combined exercise expenses:  Provided further, That funds 
     may not be obligated to provide assistance to any foreign 
     country that is otherwise prohibited from receiving such type 
     of assistance under any other provision of law.
       Sec. 8087.  None of the funds appropriated by this Act for 
     programs of the Office of the Director of National 
     Intelligence shall remain available for obligation beyond the 
     current fiscal year, except for funds appropriated for 
     research and technology, which shall remain available until 
     September 30, 2013.
       Sec. 8088.  For purposes of section 1553(b) of title 31, 
     United States Code, any subdivision of appropriations made in 
     this Act under the heading ``Shipbuilding and Conversion, 
     Navy'' shall be considered to be for the same purpose as any 
     subdivision under the heading ``Shipbuilding and Conversion, 
     Navy'' appropriations in any prior fiscal year, and the 1 
     percent limitation shall apply to the total amount of the 
     appropriation.


                     (Including Transfer of Funds)

       Sec. 8089.  During the current fiscal year, not to exceed 
     $200,000,000 from funds available under ``Operation and 
     Maintenance, Defense-Wide'' may be transferred to the 
     Department of State ``Global Security Contingency Fund'':  
     Provided, That this transfer authority is in addition to any 
     other transfer authority available to the Department of 
     Defense:  Provided further, That the Secretary of Defense 
     shall, not fewer than 30 days prior to making transfers to 
     the Department of State ``Global Security Contingency Fund'', 
     notify the congressional defense committees in writing with 
     the source of funds and a detailed justification, execution 
     plan, and timeline for each proposed project.
       Sec. 8090.  The Director of National Intelligence shall 
     include the budget exhibits identified in paragraphs (1) and 
     (2) as described in the Department of Defense Financial 
     Management Regulation with the congressional budget 
     justification books:
       (1) For procurement programs requesting more than 
     $10,000,000 in any fiscal year, the P-1, Procurement Program; 
     P-5, Cost Analysis; P-5a, Procurement History and Planning; 
     P-21, Production Schedule; and P-40, Budget Item 
     Justification.
       (2) For research, development, test and evaluation projects 
     requesting more than $5,000,000 in any fiscal year, the R-1, 
     Research, Development, Test and Evaluation Program; R-2, 
     Research, Development, Test and Evaluation Budget Item 
     Justification; R-3, Research, Development, Test and 
     Evaluation Project Cost Analysis; and R-4, Research, 
     Development, Test and Evaluation Program Schedule Profile.
       Sec. 8091.  The amounts appropriated in title II of this 
     Act are hereby reduced by $515,000,000 to reflect excess cash 
     balances in Department of Defense Working Capital Funds, as 
     follows: From ``Operation and Maintenance, Army'', 
     $515,000,000.
       Sec. 8092. (a) Not later than 60 days after enactment of 
     this Act, the Office of the Director of National Intelligence 
     shall submit a report to the congressional intelligence 
     committees to establish the baseline for application of 
     reprogramming and transfer authorities for fiscal year 2012:  
     Provided, That the report shall include--
       (1) a table for each appropriation with a separate column 
     to display the President's budget request, adjustments made 
     by Congress, adjustments due to enacted rescissions, if 
     appropriate, and the fiscal year enacted level;
       (2) a delineation in the table for each appropriation by 
     Expenditure Center and project; and
       (3) an identification of items of special congressional 
     interest.
       (b) None of the funds provided for the National 
     Intelligence Program in this Act shall be available for 
     reprogramming or transfer until the report identified in 
     subsection (a) is submitted to the congressional intelligence 
     committees, unless the Director of National Intelligence 
     certifies in writing to the congressional intelligence 
     committees that such reprogramming or transfer is necessary 
     as an emergency requirement.
       Sec. 8093. (a) None of the funds provided for the National 
     Intelligence Program in this or any prior appropriations Act 
     shall be available for obligation or expenditure through a 
     reprogramming or transfer of funds in accordance with section 
     102A(d) of the National Security Act of 1947 (50 U.S.C. 403-
     1(d)) that--
       (1) creates a new start effort;
       (2) terminates a program with appropriated funding of 
     $10,000,000 or more;
       (3) transfers funding into or out of the National 
     Intelligence Program; or
       (4) transfers funding between appropriations,
     unless the congressional intelligence committees are notified 
     30 days in advance of such reprogramming of funds; this 
     notification period may be reduced for urgent national 
     security requirements.
       (b) None of the funds provided for the National 
     Intelligence Program in this or any prior appropriations Act 
     shall be available for obligation or expenditure through a 
     reprogramming or transfer of funds in accordance with section 
     102A(d) of the National Security Act of 1947 (50 U.S.C. 403-
     1(d)) that results in a cumulative increase or decrease of 
     the levels specified in the classified annex unless the 
     congressional intelligence committees are notified 30 days in 
     advance of such reprogramming of funds; this notification 
     period may be reduced for urgent national security 
     requirements.
       Sec. 8094.  The Director of National Intelligence shall 
     submit to Congress each year, at or about the time that the 
     President's budget is submitted to Congress that year under 
     section 1105(a) of title 31, United States Code, a future-
     years intelligence program (including associated annexes) 
     reflecting the estimated expenditures and proposed 
     appropriations included in that budget. Any such future-years 
     intelligence program shall cover the fiscal year with respect 
     to which the budget is submitted and at least the four 
     succeeding fiscal years.
       Sec. 8095.  For the purposes of this Act, the term 
     ``congressional intelligence committees'' means the Permanent 
     Select Committee on Intelligence of the House of 
     Representatives, the Select Committee on Intelligence of the 
     Senate, the Subcommittee on Defense of the Committee on 
     Appropriations of the House of Representatives, and the 
     Subcommittee on Defense of the Committee on Appropriations of 
     the Senate.
       Sec. 8096.  The Department of Defense shall continue to 
     report incremental contingency operations costs for Operation 
     New Dawn and Operation Enduring Freedom on a monthly basis in 
     the Cost of War Execution Report as prescribed in the 
     Department of Defense Financial Management Regulation 
     Department of Defense Instruction 7000.14, Volume 12, Chapter 
     23 ``Contingency Operations'', Annex 1, dated September 2005.

                     (including transfer of funds)

       Sec. 8097.  During the current fiscal year, not to exceed 
     $11,000,000 from each of the appropriations made in title II 
     of this Act for ``Operation and Maintenance, Army'', 
     ``Operation and Maintenance, Navy'', and ``Operation and 
     Maintenance, Air Force'' may be transferred by the military 
     department concerned to its central fund established for 
     Fisher Houses and Suites pursuant to section 2493(d) of title 
     10, United States Code.

                     (including transfer of funds)

       Sec. 8098.  Of the funds appropriated in the Intelligence 
     Community Management Account for the Program Manager for the 
     Information Sharing Environment, $20,000,000 is available for 
     transfer by the Director of National Intelligence to other 
     departments and agencies for purposes of Government-wide 
     information sharing activities:  Provided, That funds 
     transferred under this provision are to be merged with and

[[Page 20302]]

     available for the same purposes and time period as the 
     appropriation to which transferred:  Provided further, That 
     the Office of Management and Budget must approve any 
     transfers made under this provision.
       Sec. 8099.  Funds appropriated by this Act for operation 
     and maintenance may be available for the purpose of making 
     remittances to the Defense Acquisition Workforce Development 
     Fund in accordance with the requirements of section 1705 of 
     title 10, United States Code.
       Sec. 8100. (a) Any agency receiving funds made available in 
     this Act, shall, subject to subsections (b) and (c), post on 
     the public website of that agency any report required to be 
     submitted by the Congress in this or any other Act, upon the 
     determination by the head of the agency that it shall serve 
     the national interest.
       (b) Subsection (a) shall not apply to a report if--
       (1) the public posting of the report compromises national 
     security; or
       (2) the report contains proprietary information.
       (c) The head of the agency posting such report shall do so 
     only after such report has been made available to the 
     requesting Committee or Committees of Congress for no less 
     than 45 days.
       Sec. 8101. (a) None of the funds appropriated or otherwise 
     made available by this Act may be expended for any Federal 
     contract for an amount in excess of $1,000,000, unless the 
     contractor agrees not to--
       (1) enter into any agreement with any of its employees or 
     independent contractors that requires, as a condition of 
     employment, that the employee or independent contractor agree 
     to resolve through arbitration any claim under title VII of 
     the Civil Rights Act of 1964 or any tort related to or 
     arising out of sexual assault or harassment, including 
     assault and battery, intentional infliction of emotional 
     distress, false imprisonment, or negligent hiring, 
     supervision, or retention; or
       (2) take any action to enforce any provision of an existing 
     agreement with an employee or independent contractor that 
     mandates that the employee or independent contractor resolve 
     through arbitration any claim under title VII of the Civil 
     Rights Act of 1964 or any tort related to or arising out of 
     sexual assault or harassment, including assault and battery, 
     intentional infliction of emotional distress, false 
     imprisonment, or negligent hiring, supervision, or retention.
       (b) None of the funds appropriated or otherwise made 
     available by this Act may be expended for any Federal 
     contract unless the contractor certifies that it requires 
     each covered subcontractor to agree not to enter into, and 
     not to take any action to enforce any provision of, any 
     agreement as described in paragraphs (1) and (2) of 
     subsection (a), with respect to any employee or independent 
     contractor performing work related to such subcontract. For 
     purposes of this subsection, a ``covered subcontractor'' is 
     an entity that has a subcontract in excess of $1,000,000 on a 
     contract subject to subsection (a).
       (c) The prohibitions in this section do not apply with 
     respect to a contractor's or subcontractor's agreements with 
     employees or independent contractors that may not be enforced 
     in a court of the United States.
       (d) The Secretary of Defense may waive the application of 
     subsection (a) or (b) to a particular contractor or 
     subcontractor for the purposes of a particular contract or 
     subcontract if the Secretary or the Deputy Secretary 
     personally determines that the waiver is necessary to avoid 
     harm to national security interests of the United States, and 
     that the term of the contract or subcontract is not longer 
     than necessary to avoid such harm. The determination shall 
     set forth with specificity the grounds for the waiver and for 
     the contract or subcontract term selected, and shall state 
     any alternatives considered in lieu of a waiver and the 
     reasons each such alternative would not avoid harm to 
     national security interests of the United States. The 
     Secretary of Defense shall transmit to Congress, and 
     simultaneously make public, any determination under this 
     subsection not less than 15 business days before the contract 
     or subcontract addressed in the determination may be awarded.
       Sec. 8102. (a)(1) No National Intelligence Program funds 
     appropriated in this Act may be used for a mission critical 
     or mission essential business management information 
     technology system that is not registered with the Director of 
     National Intelligence. A system shall be considered to be 
     registered with that officer upon the furnishing notice of 
     the system, together with such information concerning the 
     system as the Director of the Business Transformation Office 
     may prescribe.
       (2) During the fiscal year 2012 no funds may be obligated 
     or expended for a financial management automated information 
     system, a mixed information system supporting financial and 
     non-financial systems, or a business system improvement of 
     more than $3,000,000, within the Intelligence Community 
     without the approval of the Business Transformation 
     Investment Review Board.
       (b) This section shall not apply to any programmatic or 
     analytic systems or programmatic or analytic system 
     improvements.
       Sec. 8103.  None of the funds made available under this Act 
     may be distributed to the Association of Community 
     Organizations for Reform Now (ACORN) or its subsidiaries.

                     (including transfer of funds)

       Sec. 8104.  From within the funds appropriated for 
     operation and maintenance for the Defense Health Program in 
     this Act, up to $135,631,000, shall be available for transfer 
     to the Joint Department of Defense-Department of Veterans 
     Affairs Medical Facility Demonstration Fund in accordance 
     with the provisions of section 1704 of the National Defense 
     Authorization Act for Fiscal Year 2010, Public Law 111-84:  
     Provided, That for purposes of section 1704(b), the facility 
     operations funded are operations of the integrated Captain 
     James A. Lovell Federal Health Care Center, consisting of the 
     North Chicago Veterans Affairs Medical Center, the Navy 
     Ambulatory Care Center, and supporting facilities designated 
     as a combined Federal medical facility as described by 
     section 706 of Public Law 110-417:  Provided further, That 
     additional funds may be transferred from funds appropriated 
     for operation and maintenance for the Defense Health Program 
     to the Joint Department of Defense-Department of Veterans 
     Affairs Medical Facility Demonstration Fund upon written 
     notification by the Secretary of Defense to the Committees on 
     Appropriations of the House of Representatives and the 
     Senate.
       Sec. 8105.  Section 310(b) of the Supplemental 
     Appropriations Act, 2009 (Public Law 111-32; 124 Stat. 1871), 
     as amended by Public Law 112-10, is amended by striking ``2 
     years'' both places it appears and inserting ``3 years''.
       Sec. 8106.  The Office of the Director of National 
     Intelligence shall not employ more Senior Executive employees 
     than are specified in the classified annex:  Provided, That 
     not later than 90 days after the enactment of this Act, the 
     Director of National Intelligence shall submit to the 
     congressional intelligence committees the Office of the 
     Director of National Intelligence strategic human capital 
     plan and the Office of Director of National Intelligence 
     current and future grade structure, to include General 
     Schedule 15 positions.
       Sec. 8107.  None of the funds appropriated or otherwise 
     made available by this Act may be obligated or expended to 
     pay a retired general or flag officer to serve as a senior 
     mentor advising the Department of Defense unless such retired 
     officer files a Standard Form 278 (or successor form 
     concerning public financial disclosure under part 2634 of 
     title 5, Code of Federal Regulations) to the Office of 
     Government Ethics.
       Sec. 8108.  Appropriations available to the Department of 
     Defense may be used for the purchase of heavy and light 
     armored vehicles for the physical security of personnel or 
     for force protection purposes up to a limit of $250,000 per 
     vehicle, notwithstanding price or other limitations 
     applicable to the purchase of passenger carrying vehicles.
       Sec. 8109.  The Inspector General of the Department of 
     Defense shall conduct a review of Anti-deficiency Act 
     violations and their causes in the Department of Defense 
     Military Personnel accounts. Based on the findings of the 
     review, the Inspector General shall submit to the 
     congressional defense committees a report containing the 
     results of the review and recommendations for corrective 
     actions to be implemented.
       Sec. 8110.  Of the amounts appropriated for ``Operation and 
     Maintenance, Defense-Wide'', $33,000,000 shall be available 
     to the Secretary of Defense, notwithstanding any other 
     provision of law, acting through the Office of Economic 
     Adjustment of the Department of Defense, to make grants, 
     conclude cooperative agreements, and supplement other Federal 
     funds, to remain available until expended, to assist the 
     civilian population of Guam in response to the military 
     buildup of Guam, to include addressing the need for vehicles 
     and supplies for civilian student transportation, 
     preservation and repository of artifacts unearthed during 
     military construction, and construction of a mental health 
     and substance abuse facility:  Provided, That the Secretary 
     of Defense shall, not fewer than 15 days prior to obligating 
     funds for this purpose, notify the congressional defense 
     committees in writing of the details of any such obligation.
       Sec. 8111.  None of the funds made available by this Act 
     may be used by the Secretary of Defense to take beneficial 
     occupancy of more than 2,000 parking spaces (other than 
     handicap-reserved spaces) to be provided by the BRAC 133 
     project:  Provided, That this limitation may be waived in 
     part if: (1) the Secretary of Defense certifies to Congress 
     that levels of service at existing intersections in the 
     vicinity of the project have not experienced failing levels 
     of service as defined by the Transportation Research Board 
     Highway Capacity Manual over a consecutive 90-day period; (2) 
     the Department of Defense and the Virginia Department of 
     Transportation agree on the number of additional parking 
     spaces that may be made available to employees of the 
     facility subject to continued 90-day traffic monitoring; and 
     (3) the Secretary of Defense notifies the congressional 
     defense committees in writing at least 14 days prior to 
     exercising this waiver of the number of additional parking 
     spaces to be made available:  Provided further, That the 
     Secretary of Defense shall implement the Department of 
     Defense Inspector General recommendations outlined in report 
     number DODIG-2012-024, and certify to Congress not later than 
     180 days after enactment of this Act that the recommendations 
     have been implemented.
       Sec. 8112. (a) None of the funds provided in this title for 
     Operation and Maintenance may be available for obligation or 
     expenditure to relocate Air Force program offices, or 
     acquisition management functions of major weapons systems, to 
     a central location, or to any location other than the Air 
     Force Material Command site where they are currently located 
     until 30 days after the Secretary of the Air Force submits 
     the initial report under subsection (b).

[[Page 20303]]

       (b) The Secretary of the Air Force shall submit to the 
     congressional defense committees a report which includes the 
     following: a listing of all Air Force Material Command 
     functions to be transferred and an identification of the 
     locations where these functions will be transferred from and 
     to; a listing of all Air Force Material Command personnel 
     positions to be transferred and an identification of the 
     locations these positions will be transferred from and to; 
     and the cost benefit analysis and the life-cycle cost 
     analysis underpinning the Secretary of the Air Force's 
     decision to relocate Air Force Material Command functions and 
     personnel.
       Sec. 8113.  Not later than 120 days after the date of the 
     enactment of this Act, the Secretary of Defense shall resume 
     quarterly reporting of the numbers of civilian personnel end 
     strength by appropriation account for each and every 
     appropriation account used to finance Federal civilian 
     personnel salaries to the congressional defense committees 
     within 15 days after the end of each fiscal quarter.
       Sec. 8114.  In addition to amounts provided elsewhere in 
     this Act, $10,000,000 is hereby appropriated, for an 
     additional amount for ``Research, Development, Test and 
     Evaluation, Army'', to remain available until September 30, 
     2013. Such funds may be available for the Secretary of the 
     Army to conduct research on alternative energy resources for 
     deployed forces.
       Sec. 8115.  The Secretary of Defense shall study and report 
     to the Congressional Defense Committees the feasibility of 
     using commercially available telecommunications expense 
     management solutions across the Department of Defense by 
     March 1, 2012.
       Sec. 8116.  None of the funds appropriated in this or any 
     other Act may be used to plan, prepare for, or otherwise take 
     any action to undertake or implement the separation of the 
     National Intelligence Program budget from the Department of 
     Defense budget.

                     (including transfer of funds)

       Sec. 8117.  Upon a determination by the Director of 
     National Intelligence that such action is necessary and in 
     the national interest, the Director may, with the approval of 
     the Office of Management and Budget, transfer not to exceed 
     $2,000,000,000 of the funds made available in this Act for 
     the National Intelligence Program:  Provided, That such 
     authority to transfer may not be used unless for higher 
     priority items, based on unforeseen intelligence 
     requirements, than those for which originally appropriated 
     and in no case where the item for which funds are requested 
     has been denied by the Congress:  Provided further, That a 
     request for multiple reprogrammings of funds using authority 
     provided in this section shall be made prior to June 30, 
     2012.

                     (including transfer of funds)

       Sec. 8118.  In addition to amounts provided elsewhere in 
     this Act, there is appropriated $250,000,000, for an 
     additional amount for ``Operation and Maintenance, Defense-
     Wide'', to be available until expended:  Provided, That such 
     funds shall only be available to the Secretary of Defense, 
     acting through the Office of Economic Adjustment of the 
     Department of Defense, or for transfer to the Secretary of 
     Education, notwithstanding any other provision of law, to 
     make grants, conclude cooperative agreements, or supplement 
     other Federal funds to construct, renovate, repair, or expand 
     elementary and secondary public schools on military 
     installations in order to address capacity or facility 
     condition deficiencies at such schools:  Provided further, 
     That in making such funds available, the Office of Economic 
     Adjustment or the Secretary of Education shall give priority 
     consideration to those military installations with schools 
     having the most serious capacity or facility condition 
     deficiencies as determined by the Secretary of Defense.
       Sec. 8119.  None of the funds appropriated or otherwise 
     made available in this or any other Act may be used to 
     transfer, release, or assist in the transfer or release to or 
     within the United States, its territories, or possessions 
     Khalid Sheikh Mohammed or any other detainee who--
       (1) is not a United States citizen or a member of the Armed 
     Forces of the United States; and
       (2) is or was held on or after June 24, 2009, at the United 
     States Naval Station, Guantanamo Bay, Cuba, by the Department 
     of Defense.
       Sec. 8120. (a)(1) Except as provided in paragraph (2) and 
     subsection (d), none of the funds appropriated or otherwise 
     made available in this or any other Act may be used to 
     transfer any individual detained at Guantanamo to the custody 
     or control of the individual's country of origin, any other 
     foreign country, or any other foreign entity unless the 
     Secretary of Defense submits to Congress the certification 
     described in subsection (b) not later than 30 days before the 
     transfer of the individual.
       (2) Paragraph (1) shall not apply to any action taken by 
     the Secretary to transfer any individual detained at 
     Guantanamo to effectuate--
       (A) an order affecting the disposition of the individual 
     that is issued by a court or competent tribunal of the United 
     States having lawful jurisdiction (which the Secretary shall 
     notify Congress of promptly after issuance); or
       (B) a pre-trial agreement entered in a military commission 
     case prior to the date of the enactment of this Act.
       (b) A certification described in this subsection is a 
     written certification made by the Secretary of Defense, with 
     the concurrence of the Secretary of State and in consultation 
     with the Director of National Intelligence, that--
       (1) the government of the foreign country or the recognized 
     leadership of the foreign entity to which the individual 
     detained at Guantanamo is to be transferred--
       (A) is not a designated state sponsor of terrorism or a 
     designated foreign terrorist organization;
       (B) maintains control over each detention facility in which 
     the individual is to be detained if the individual is to be 
     housed in a detention facility;
       (C) is not, as of the date of the certification, facing a 
     threat that is likely to substantially affect its ability to 
     exercise control over the individual;
       (D) has taken or agreed to take effective actions to ensure 
     that the individual cannot take action to threaten the United 
     States, its citizens, or its allies in the future;
       (E) has taken or agreed to take such actions as the 
     Secretary of Defense determines are necessary to ensure that 
     the individual cannot engage or reengage in any terrorist 
     activity; and
       (F) has agreed to share with the United States any 
     information that--
       (i) is related to the individual or any associates of the 
     individual; and
       (ii) could affect the security of the United States, its 
     citizens, or its allies; and
       (2) includes an assessment, in classified or unclassified 
     form, of the capacity, willingness, and past practices (if 
     applicable) of the foreign country or entity in relation to 
     the Secretary's certifications.
       (c)(1) Except as provided in paragraph (2) and subsection 
     (d), none of the funds appropriated or otherwise made 
     available in this or any other Act may be used to transfer 
     any individual detained at Guantanamo to the custody or 
     control of the individual's country of origin, any other 
     foreign country, or any other foreign entity if there is a 
     confirmed case of any individual who was detained at United 
     States Naval Station, Guantanamo Bay, Cuba, at any time after 
     September 11, 2001, who was transferred to such foreign 
     country or entity and subsequently engaged in any terrorist 
     activity.
       (2) Paragraph (1) shall not apply to any action taken by 
     the Secretary to transfer any individual detained at 
     Guantanamo to effectuate--
       (A) an order affecting the disposition of the individual 
     that is issued by a court or competent tribunal of the United 
     States having lawful jurisdiction (which the Secretary shall 
     notify Congress of promptly after issuance); or
       (B) a pre-trial agreement entered in a military commission 
     case prior to the date of the enactment of this Act.
       (d)(1) The Secretary of Defense may waive the applicability 
     to a detainee transfer of a certification requirement 
     specified in subparagraph (D) or (E) of subsection (b)(1) or 
     the prohibition in subsection (c), if the Secretary certifies 
     the rest of the criteria required by subsection (b) for 
     transfers prohibited by (c) and, with the concurrence of the 
     Secretary of State and in consultation with the Director of 
     National Intelligence, determines that--
       (A) alternative actions will be taken to address the 
     underlying purpose of the requirement or requirements to be 
     waived;
       (B) in the case of a waiver of subparagraph (D) or (E) of 
     subsection (b)(1), it is not possible to certify that the 
     risks addressed in the paragraph to be waived have been 
     completely eliminated, but the actions to be taken under 
     subparagraph (A) will substantially mitigate such risks with 
     regard to the individual to be transferred;
       (C) in the case of a waiver of subsection (c), the 
     Secretary has considered any confirmed case in which an 
     individual who was transferred to the country subsequently 
     engaged in terrorist activity, and the actions to be taken 
     under subparagraph (A) will substantially mitigate the risk 
     of recidivism with regard to the individual to be 
     transferred; and
       (D) the transfer is in the national security interests of 
     the United States.
       (2) Whenever the Secretary makes a determination under 
     paragraph (1), the Secretary shall submit to the appropriate 
     committees of Congress, not later than 30 days before the 
     transfer of the individual concerned, the following:
       (A) A copy of the determination and the waiver concerned.
       (B) A statement of the basis for the determination, 
     including--
       (i) an explanation why the transfer is in the national 
     security interests of the United States; and
       (ii) in the case of a waiver of subparagraph (D) or (E) of 
     subsection (b)(1), an explanation why it is not possible to 
     certify that the risks addressed in the subparagraph to be 
     waived have been completely eliminated.
       (C) A summary of the alternative actions to be taken to 
     address the underlying purpose of, and to mitigate the risks 
     addressed in, the subparagraph or subsection to be waived.
       (D) The assessment required by subsection (b)(2).
       (e) In this section:
       (1) The term ``appropriate committees of Congress'' means--
       (A) the Committee on Armed Services, the Committee on 
     Appropriations, and the Select Committee on Intelligence of 
     the Senate; and
       (B) the Committee on Armed Services, the Committee on 
     Appropriations, and the Permanent Select Committee on 
     Intelligence of the House of Representatives.
       (2) The term ``individual detained at Guantanamo'' means 
     any individual located at United States Naval Station, 
     Guantanamo Bay, Cuba, as of October 1, 2009, who--
       (A) is not a citizen of the United States or a member of 
     the Armed Forces of the United States; and

[[Page 20304]]

       (B) is--
       (i) in the custody or under the control of the Department 
     of Defense; or
       (ii) otherwise under detention at United States Naval 
     Station, Guantanamo Bay, Cuba.
       (3) The term ``foreign terrorist organization'' means any 
     organization so designated by the Secretary of State under 
     section 219 of the Immigration and Nationality Act (8 U.S.C. 
     1189).
       Sec. 8121. (a) None of the funds appropriated or otherwise 
     made available in this or any other Act may be used to 
     construct, acquire, or modify any facility in the United 
     States, its territories, or possessions to house any 
     individual described in subsection (c) for the purposes of 
     detention or imprisonment in the custody or under the 
     effective control of the Department of Defense.
       (b) The prohibition in subsection (a) shall not apply to 
     any modification of facilities at United States Naval 
     Station, Guantanamo Bay, Cuba.
       (c) An individual described in this subsection is any 
     individual who, as of June 24, 2009, is located at United 
     States Naval Station, Guantanamo Bay, Cuba, and who--
       (1) is not a citizen of the United States or a member of 
     the Armed Forces of the United States; and
       (2) is--
       (A) in the custody or under the effective control of the 
     Department of Defense; or
       (B) otherwise under detention at United States Naval 
     Station, Guantanamo Bay, Cuba.
       Sec. 8122.  Of the funds made available to the Department 
     of Defense under ``Operation and Maintenance, Defense-Wide'' 
     in title II, $1,000,000 may be available to the Department to 
     competitively commission an independent assessment of the 
     current and prospective situation on the ground in 
     Afghanistan and Pakistan, including the strategic environment 
     in and around Afghanistan and Pakistan; the security, 
     political, and economic and reconstruction developments in 
     those two countries; and relevant policy recommendations 
     relating thereto.
       Sec. 8123.  Not later than 90 days after the date of the 
     enactment of this Act, the Secretary of Defense shall submit 
     to the congressional defense committees a report on the 
     approximately $100,000,000,000 in efficiency savings 
     identified by the military departments in the defense budget 
     covering fiscal years 2012 through 2016 that are to be 
     reinvested in the priorities of the military departments. 
     Such report shall include an analysis of--
       (1) each savings identified by the military departments, 
     including--
       (A) the budget account from which such savings will be 
     derived;
       (B) the number of military personnel and full-time civilian 
     employees of the Federal Government affected by such savings;
       (C) the estimated reductions in the number and funding of 
     contractor personnel caused by such savings; and
       (D) a specific description of activities or services that 
     will be affected by such savings, including the locations of 
     such activities or services; and
       (2) each reinvestment planned to be funded with such 
     savings, including--
       (A) with respect to such reinvestment in procurement and 
     research, development, test and evaluation accounts, the 
     budget account to which such savings will be reinvested, 
     including, by line item, the number of items to be procured, 
     as shown in annual P-1 and R-1 documents;
       (B) with respect to such reinvestment in military personnel 
     and operation and maintenance accounts, the budget account 
     and the subactivity (as shown in annual-1 and O-1 budget 
     documents) to which such savings will be reinvested;
       (C) the number of military personnel and full-time civilian 
     employees of the Federal Government affected by such 
     reinvestment;
       (D) the estimated number and funding of contractor 
     personnel affected by such reinvestment; and
       (E) a specific description of activities or services that 
     will be affected by such reinvestment, including the 
     locations of such activities or services.
       Sec. 8124.  None of the funds made available by this Act 
     may be used to enter into a contract, memorandum of 
     understanding, or cooperative agreement with, make a grant 
     to, or provide a loan or loan guarantee to, any corporation 
     that any unpaid Federal tax liability that has been assessed, 
     for which all judicial and administrative remedies have been 
     exhausted or have lapsed, and that is not being paid in a 
     timely manner pursuant to an agreement with the authority 
     responsible for collecting the tax liability, where the 
     awarding agency is aware of the unpaid tax liability, unless 
     the agency has considered suspension or debarment of the 
     corporation and made a determination that this further action 
     is not necessary to protect the interests of the Government.
       Sec. 8125.  None of the funds made available by this Act 
     may be used to enter into a contract, memorandum of 
     understanding, or cooperative agreement with, make a grant 
     to, or provide a loan or loan guarantee to, any corporation 
     that was convicted of a felony criminal violation under any 
     Federal law within the preceding 24 months, where the 
     awarding agency is aware of the conviction, unless the agency 
     has considered suspension or debarment of the corporation and 
     made a determination that this further action is not 
     necessary to protect the interests of the Government.

                     (including transfer of funds)

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

                                TITLE IX

                    OVERSEAS CONTINGENCY OPERATIONS

                           MILITARY PERSONNEL

                        Military Personnel, Army

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

                        Military Personnel, Navy

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

                    Military Personnel, Marine Corps

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

                     Military Personnel, Air Force

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

                        Reserve Personnel, Army

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

                        Reserve Personnel, Navy

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

                    Reserve Personnel, Marine Corps

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

                      Reserve Personnel, Air Force

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

                     National Guard Personnel, Army

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

[[Page 20305]]

     Budget and Emergency Deficit Control Act of 1985.

                  National Guard Personnel, Air Force

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

                       OPERATION AND MAINTENANCE

                    Operation and Maintenance, Army

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

                    Operation and Maintenance, Navy

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

                Operation and Maintenance, Marine Corps

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

                  Operation and Maintenance, Air Force

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

                Operation and Maintenance, Defense-Wide

       For an additional amount for ``Operation and Maintenance, 
     Defense-Wide'', $9,252,211,000:  Provided, That each amount 
     in this section is designated by the Congress for Overseas 
     Contingency Operations/Global War on Terrorism pursuant to 
     section 251(b)(2)(A) of the Balanced Budget and Emergency 
     Deficit Control Act of 1985:  Provided further, That of the 
     funds provided under this heading: Not to exceed 
     $1,690,000,000, to remain available until September 30, 2013, 
     for payments to reimburse key cooperating nations for 
     logistical, military, and other support, including access, 
     provided to United States military operations in support of 
     Operation Enduring Freedom, Operation New Dawn, and post-
     operation Iraq border security related to the activities of 
     the Office of Security Cooperation in Iraq, notwithstanding 
     any other provision of law:  Provided further, That such 
     reimbursement payments may be made in such amounts as the 
     Secretary of Defense, with the concurrence of the Secretary 
     of State, and in consultation with the Director of the Office 
     of Management and Budget, may determine, in his discretion, 
     based on documentation determined by the Secretary of Defense 
     to adequately account for the support provided, and such 
     determination is final and conclusive upon the accounting 
     officers of the United States, and 15 days following 
     notification to the appropriate congressional committees:  
     Provided further, That the requirement to provide 
     notification shall not apply with respect to a reimbursement 
     for access based on an international agreement:  Provided 
     further, That these funds may be used for the purpose of 
     providing specialized training and procuring supplies and 
     specialized equipment and providing such supplies and loaning 
     such equipment on a non-reimbursable basis to coalition 
     forces supporting United States military operations in 
     Afghanistan, and 15 days following notification to the 
     appropriate congressional committees:  Provided further, That 
     the Secretary of Defense shall provide quarterly reports to 
     the congressional defense committees on the use of funds 
     provided in this paragraph.

                Operation and Maintenance, Army Reserve

       For an additional amount for ``Operation and Maintenance, 
     Army Reserve'', $217,500,000:  Provided, That such amounts in 
     this paragraph are designated by the Congress for Overseas 
     Contingency Operations/Global War on Terrorism pursuant to 
     section 251(b)(2)(A) of the Balanced Budget and Emergency 
     Deficit Control Act of 1985.

                Operation and Maintenance, Navy Reserve

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

            Operation and Maintenance, Marine Corps Reserve

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

              Operation and Maintenance, Air Force Reserve

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

             Operation and Maintenance, Army National Guard

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

             Operation and Maintenance, Air National Guard

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

                    Afghanistan Infrastructure Fund

                     (including transfer of funds)

       For the ``Afghanistan Infrastructure Fund'', $400,000,000, 
     to remain available until September 30, 2013:  Provided, That 
     such sums shall be available for infrastructure projects in 
     Afghanistan, notwithstanding any other provision of law, 
     which shall be undertaken by the Secretary of State, unless 
     the Secretary of State and the Secretary of Defense jointly 
     decide that a specific project will be undertaken by the 
     Department of Defense:  Provided further, That the 
     infrastructure referred to in the preceding proviso is in 
     support of the counterinsurgency strategy, requiring funding 
     for facility and infrastructure projects, including, but not 
     limited to, water, power, and transportation projects and 
     related maintenance and sustainment costs:  Provided further, 
     That the authority to undertake such infrastructure projects 
     is in addition to any other authority to provide assistance 
     to foreign nations:  Provided further, That any projects 
     funded by this appropriation shall be jointly formulated and 
     concurred in by the Secretary of State and Secretary of 
     Defense:  Provided further, That funds may be transferred to 
     the Department of State for purposes of undertaking projects, 
     which funds shall be considered to be economic assistance 
     under the Foreign Assistance Act of 1961 for purposes of 
     making available the administrative authorities contained in 
     that Act:  Provided further, That the transfer authority in 
     the preceding proviso is in addition to any other authority 
     available to the Department of Defense to transfer funds:  
     Provided further, That any unexpended funds transferred to 
     the Secretary of State under this authority shall be returned 
     to the Afghanistan Infrastructure Fund if the Secretary of 
     State, in coordination with the Secretary of Defense, 
     determines that the project cannot be implemented for any 
     reason, or that the project no longer supports the 
     counterinsurgency strategy in Afghanistan:  Provided further, 
     That any funds returned to the Secretary of Defense under the 
     previous proviso shall be available for use under this 
     appropriation and shall be treated in the same manner as 
     funds not transferred to the Secretary of State:  Provided 
     further, That contributions of funds for the purposes 
     provided herein to the Secretary of State in accordance with 
     section 635(d) of the Foreign Assistance Act from any person, 
     foreign government, or international organization may be 
     credited to this Fund, to remain available until expended, 
     and used for such purposes:  Provided further, That the 
     Secretary of Defense shall, not fewer than 15 days prior to 
     making transfers to or from, or obligations from the Fund, 
     notify the appropriate committees of Congress in writing of 
     the details of any such transfer:  Provided further, That the 
     ``appropriate committees of Congress'' are the Committees on 
     Armed Services, Foreign Relations and Appropriations of the 
     Senate and the Committees on Armed Services, Foreign Affairs 
     and Appropriations of the House of Representatives:  Provided 
     further, That such amounts in this paragraph are designated 
     by the Congress for Overseas Contingency Operations/Global 
     War on Terrorism pursuant to section 251(b)(2)(A) of the 
     Balanced Budget and Emergency Deficit Control Act of 1985.

                    Afghanistan Security Forces Fund

       For the ``Afghanistan Security Forces Fund'', 
     $11,200,000,000, to remain available until September 30, 
     2013:  Provided, That such funds shall be available to the 
     Secretary of Defense, notwithstanding any other provision of 
     law, for the purpose of allowing the Commander, Combined 
     Security Transition Command--Afghanistan, or the Secretary's 
     designee, to provide assistance, with the concurrence of the 
     Secretary of State, to the security forces of Afghanistan, 
     including the provision of equipment, supplies, services, 
     training, facility and infrastructure repair, renovation, and 
     construction, and funding:  Provided further, That the 
     authority to provide assistance under this heading is in 
     addition to any other authority to provide assistance to 
     foreign nations:  Provided further, That contributions of 
     funds for the purposes provided herein from any person, 
     foreign government, or international organization may be 
     credited to this Fund and

[[Page 20306]]

     used for such purposes:  Provided further, That the Secretary 
     of Defense shall notify the congressional defense committees 
     in writing upon the receipt and upon the obligation of any 
     contribution, delineating the sources and amounts of the 
     funds received and the specific use of such contributions:  
     Provided further, That the Secretary of Defense shall, not 
     fewer than 15 days prior to obligating from this 
     appropriation account, notify the congressional defense 
     committees in writing of the details of any such obligation:  
     Provided further, That the Secretary of Defense shall notify 
     the congressional defense committees of any proposed new 
     projects or transfer of funds between budget sub-activity 
     groups in excess of $20,000,000:  Provided further, That such 
     amounts in this paragraph are designated by the Congress for 
     Overseas Contingency Operations/Global War on Terrorism 
     pursuant to section 251(b)(2)(A) of the Balanced Budget and 
     Emergency Deficit Control Act of 1985.

                              PROCUREMENT

                       Aircraft Procurement, Army

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

                       Missile Procurement, Army

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

        Procurement of Weapons and Tracked Combat Vehicles, Army

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

                    Procurement of Ammunition, Army

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

                        Other Procurement, Army

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

                       Aircraft Procurement, Navy

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

                       Weapons Procurement, Navy

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

            Procurement of Ammunition, Navy and Marine Corps

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

                        Other Procurement, Navy

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

                       Procurement, Marine Corps

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

                    Aircraft Procurement, Air Force

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

                     Missile Procurement, Air Force

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

                  Procurement of Ammunition, Air Force

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

                      Other Procurement, Air Force

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

                       Procurement, Defense-Wide

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

                  National Guard and Reserve Equipment

       For procurement of aircraft, missiles, tracked combat 
     vehicles, ammunition, other weapons and other procurement for 
     the reserve components of the Armed Forces, $1,000,000,000, 
     to remain available for obligation until September 30, 2014:  
     Provided, That the Chiefs of National Guard and Reserve 
     components shall, not later than 30 days after the enactment 
     of this Act, individually submit to the congressional defense 
     committees the modernization priority assessment for their 
     respective National Guard or Reserve component:  Provided 
     further, That such amounts in this paragraph are designated 
     by the Congress for Overseas Contingency Operations/Global 
     War on Terrorism pursuant to section 251(b)(2)(A) of the 
     Balanced Budget and Emergency Deficit Control Act of 1985.

              Mine Resistant Ambush Protected Vehicle Fund

                     (including transfer of funds)

       For the Mine Resistant Ambush Protected Vehicle Fund, 
     $2,600,170,000, to remain available until September 30, 2013: 
      Provided, That such funds shall be available to the 
     Secretary of Defense, notwithstanding any other provision of 
     law, to procure, sustain, transport, and field Mine Resistant 
     Ambush Protected vehicles:  Provided further, That the 
     Secretary shall transfer such funds only to appropriations 
     made available in this or any other Act for operation and 
     maintenance; procurement; research, development, test and 
     evaluation; and defense working capital funds to accomplish 
     the purpose provided herein:  Provided further, That such 
     transferred funds shall be merged with and be available for 
     the same purposes and the same time period as the 
     appropriation to which transferred:  Provided further, That 
     this transfer authority is in addition to any other transfer 
     authority available to the Department of Defense:  Provided 
     further, That the Secretary shall, not fewer than 10 days 
     prior to making transfers from this appropriation, notify the 
     congressional defense committees in writing of the details of 
     any such transfer:  Provided further, That such amounts in 
     this paragraph are designated by the Congress for Overseas 
     Contingency Operations/Global War on Terrorism pursuant to 
     section 251(b)(2)(A) of the Balanced Budget and Emergency 
     Deficit Control Act of 1985.

               RESEARCH, DEVELOPMENT, TEST AND EVALUATION

            Research, Development, Test and Evaluation, Army

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

            Research, Development, Test and Evaluation, Navy

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

[[Page 20307]]



         Research, Development, Test and Evaluation, Air Force

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

        Research, Development, Test and Evaluation, Defense-Wide

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

                     REVOLVING AND MANAGEMENT FUNDS

                     Defense Working Capital Funds

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

                  OTHER DEPARTMENT OF DEFENSE PROGRAMS

                         Defense Health Program

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

         Drug Interdiction and Counter-Drug Activities, Defense

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

             Joint Improvised Explosive Device Defeat Fund

                     (including transfer of funds)

       For the ``Joint Improvised Explosive Device Defeat Fund'', 
     $2,441,984,000, to remain available until September 30, 2014: 
      Provided, That such funds shall be available to the 
     Secretary of Defense, notwithstanding any other provision of 
     law, for the purpose of allowing the Director of the Joint 
     Improvised Explosive Device Defeat Organization to 
     investigate, develop and provide equipment, supplies, 
     services, training, facilities, personnel and funds to assist 
     United States forces in the defeat of improvised explosive 
     devices:  Provided further, That the Secretary of Defense may 
     transfer funds provided herein to appropriations for military 
     personnel; operation and maintenance; procurement; research, 
     development, test and evaluation; and defense working capital 
     funds to accomplish the purpose provided herein:  Provided 
     further, That this transfer authority is in addition to any 
     other transfer authority available to the Department of 
     Defense:  Provided further, That the Secretary of Defense 
     shall, not fewer than 15 days prior to making transfers from 
     this appropriation, notify the congressional defense 
     committees in writing of the details of any such transfer:  
     Provided further, That such amounts in this paragraph are 
     designated by the Congress for Overseas Contingency 
     Operations/Global War on Terrorism pursuant to section 
     251(b)(2)(A) of the Balanced Budget and Emergency Deficit 
     Control Act of 1985.

                    Office of the Inspector General

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

                     GENERAL PROVISIONS--THIS TITLE

       Sec. 9001.  Notwithstanding any other provision of law, 
     funds made available in this title are in addition to amounts 
     appropriated or otherwise made available for the Department 
     of Defense for fiscal year 2012.

                     (including transfer of funds)

       Sec. 9002.  Upon the determination of the Secretary of 
     Defense that such action is necessary in the national 
     interest, the Secretary may, with the approval of the Office 
     of Management and Budget, transfer up to $4,000,000,000 
     between the appropriations or funds made available to the 
     Department of Defense in this title:  Provided, That the 
     Secretary shall notify the Congress promptly of each transfer 
     made pursuant to the authority in this section:  Provided 
     further, That the authority provided in this section is in 
     addition to any other transfer authority available to the 
     Department of Defense and is subject to the same terms and 
     conditions as the authority provided in the Department of 
     Defense Appropriations Act, 2012.
       Sec. 9003.  Supervision and administration costs associated 
     with a construction project funded with appropriations 
     available for operation and maintenance, ``Afghanistan 
     Infrastructure Fund'', or the ``Afghanistan Security Forces 
     Fund'' provided in this Act and executed in direct support of 
     overseas contingency operations in Afghanistan, may be 
     obligated at the time a construction contract is awarded:  
     Provided, That for the purpose of this section, supervision 
     and administration costs include all in-house Government 
     costs.
       Sec. 9004.  From funds made available in this title, the 
     Secretary of Defense may purchase for use by military and 
     civilian employees of the Department of Defense in the U.S. 
     Central Command area of responsibility: (a) passenger motor 
     vehicles up to a limit of $75,000 per vehicle; and (b) heavy 
     and light armored vehicles for the physical security of 
     personnel or for force protection purposes up to a limit of 
     $250,000 per vehicle, notwithstanding price or other 
     limitations applicable to the purchase of passenger carrying 
     vehicles.
       Sec. 9005.  Not to exceed $400,000,000 of the amount 
     appropriated in this title under the heading ``Operation and 
     Maintenance, Army'' may be used, notwithstanding any other 
     provision of law, to fund the Commander's Emergency Response 
     Program (CERP), for the purpose of enabling military 
     commanders in Afghanistan to respond to urgent, small-scale, 
     humanitarian relief and reconstruction requirements within 
     their areas of responsibility:  Provided, That each project 
     (including any ancillary or related elements in connection 
     with such project) executed under this authority shall not 
     exceed $20,000,000:  Provided further, That not later than 45 
     days after the end of each fiscal year quarter, the Secretary 
     of Defense shall submit to the congressional defense 
     committees a report regarding the source of funds and the 
     allocation and use of funds during that quarter that were 
     made available pursuant to the authority provided in this 
     section or under any other provision of law for the purposes 
     described herein:  Provided further, That, not later than 30 
     days after the end of each month, the Army shall submit to 
     the congressional defense committees monthly commitment, 
     obligation, and expenditure data for the Commander's 
     Emergency Response Program in Afghanistan:  Provided further, 
     That not less than 15 days before making funds available 
     pursuant to the authority provided in this section or under 
     any other provision of law for the purposes described herein 
     for a project with a total anticipated cost for completion of 
     $5,000,000 or more, the Secretary shall submit to the 
     congressional defense committees a written notice containing 
     each of the following:
       (1) The location, nature and purpose of the proposed 
     project, including how the project is intended to advance the 
     military campaign plan for the country in which it is to be 
     carried out.
       (2) The budget, implementation timeline with milestones, 
     and completion date for the proposed project, including any 
     other CERP funding that has been or is anticipated to be 
     contributed to the completion of the project.
       (3) A plan for the sustainment of the proposed project, 
     including the agreement with either the host nation, a non-
     Department of Defense agency of the United States Government 
     or a third-party contributor to finance the sustainment of 
     the activities and maintenance of any equipment or facilities 
     to be provided through the proposed project.
       Sec. 9006.  Funds available to the Department of Defense 
     for operation and maintenance may be used, notwithstanding 
     any other provision of law, to provide supplies, services, 
     transportation, including airlift and sealift, and other 
     logistical support to coalition forces supporting military 
     and stability operations in Iraq and Afghanistan:  Provided, 
     That the Secretary of Defense shall provide quarterly reports 
     to the congressional defense committees regarding support 
     provided under this section.
       Sec. 9007.  None of the funds appropriated or otherwise 
     made available by this or any other Act shall be obligated or 
     expended by the United States Government for a purpose as 
     follows:
       (1) To establish any military installation or base for the 
     purpose of providing for the permanent stationing of United 
     States Armed Forces in Iraq.
       (2) To exercise United States control over any oil resource 
     of Iraq.
       (3) To establish any military installation or base for the 
     purpose of providing for the permanent stationing of United 
     States Armed Forces in Afghanistan.
       Sec. 9008.  None of the funds made available in this Act 
     may be used in contravention of the following laws enacted or 
     regulations promulgated to implement the United Nations 
     Convention Against Torture and Other Cruel, Inhuman or 
     Degrading Treatment or Punishment (done at New York on 
     December 10, 1984):
       (1) Section 2340A of title 18, United States Code.
       (2) Section 2242 of the Foreign Affairs Reform and 
     Restructuring Act of 1998 (division G of Public Law 105-277; 
     112 Stat. 2681-822; 8 U.S.C. 1231 note) and regulations 
     prescribed thereto, including regulations under part 208 of 
     title 8, Code of Federal Regulations, and part 95 of title 
     22, Code of Federal Regulations.
       (3) Sections 1002 and 1003 of the Department of Defense, 
     Emergency Supplemental Appropriations to Address Hurricanes 
     in the Gulf of Mexico, and Pandemic Influenza Act, 2006 
     (Public Law 109-148).
       Sec. 9009.  None of the funds provided for the 
     ``Afghanistan Security Forces Fund'' (ASFF) may be obligated 
     prior to the approval of a financial and activity plan by the 
     Afghanistan

[[Page 20308]]

     Resources Oversight Council (AROC) of the Department of 
     Defense:  Provided, That the AROC must approve the 
     requirement and acquisition plan for any service requirements 
     in excess of $50,000,000 annually and any non-standard 
     equipment requirements in excess of $100,000,000 using ASFF:  
     Provided further, That the AROC must approve all projects and 
     the execution plan under the ``Afghanistan Infrastructure 
     Fund'' (AIF) and any project in excess of $5,000,000 from the 
     Commanders Emergency Response Program (CERP):  Provided 
     further, That the Department of Defense must certify to the 
     congressional defense committees that the AROC has convened 
     and approved a process for ensuring compliance with the 
     requirements in the preceding provisos and accompanying 
     report language for the ASFF, AIF, and CERP.
       Sec. 9010. (a) Funding for Outreach and Reintegration 
     Services Under Yellow Ribbon Reintegration Program.--Of the 
     amounts appropriated or otherwise made available by title IX, 
     up to $20,000,000 may be available for outreach and 
     reintegration services under the Yellow Ribbon Reintegration 
     Program under section 582(h) of the National Defense 
     Authorization Act for Fiscal Year 2008 (Public Law 110-181; 
     122 Stat. 125; 10 U.S.C. 10101 note).
       (b) Supplement Not Supplant.--The amount made available by 
     subsection (a) for the services described in that subsection 
     is in addition to any other amounts available in this Act for 
     such services.
       Sec. 9011.  Funds made available in this title to the 
     Department of Defense for operation and maintenance may be 
     used to purchase items having an investment unit cost of not 
     more than $250,000:  Provided, That, upon determination by 
     the Secretary of Defense that such action is necessary to 
     meet the operational requirements of a Commander of a 
     Combatant Command engaged in contingency operations overseas, 
     such funds may be used to purchase items having an investment 
     item unit cost of not more than $500,000.
       Sec. 9012.  Notwithstanding any other provision of law, up 
     to $150,000,000 of funds made available in this title under 
     the heading ``Operation and Maintenance, Army'' may be 
     obligated and expended for purposes of the Task Force for 
     Business and Stability Operations, subject to the direction 
     and control of the Secretary of Defense, with concurrence of 
     the Secretary of State, to carry out strategic business and 
     economic assistance activities in Afghanistan in support of 
     Operation Enduring Freedom:  Provided, That not less than 15 
     days before making funds available pursuant to the authority 
     provided in this section for any project with a total 
     anticipated cost of $5,000,000 or more, the Secretary shall 
     submit to the congressional defense committees a written 
     notice containing a detailed justification and timeline for 
     each proposed project.
       Sec. 9013.  From funds made available to the Department of 
     Defense in this title under the heading ``Operation and 
     Maintenance, Air Force'' up to $524,000,000 may be used by 
     the Secretary of Defense, notwithstanding any other provision 
     of law, to support United States Government transition 
     activities in Iraq by funding the operations and activities 
     of the Office of Security Cooperation in Iraq and security 
     assistance teams, including life support, transportation and 
     personal security, and facilities renovation and 
     construction:  Provided, That not less than 15 days before 
     making funds available pursuant to the authority provided in 
     this section, the Secretary shall submit to the congressional 
     defense committees a written notice containing a detailed 
     justification and timeline for each proposed site.
       Sec. 9014.  The amounts appropriated in title IX of this 
     Act are hereby reduced by $4,042,500,000 to reflect reduced 
     troop strength in theater:  Provided, That the reductions 
     shall be applied to the military personnel and operation and 
     maintenance appropriations only:  Provided further, That the 
     Secretary of Defense shall, not fewer than 15 days prior to 
     reducing funds for this purpose, notify the congressional 
     defense committees in writing of the details of any such 
     reduction by appropriation and budget line item.
       Sec. 9015.  Of the funds appropriated in Department of 
     Defense Appropriations Acts, the following funds are hereby 
     rescinded from the following accounts and programs in the 
     specified amounts:  Provided, That such amounts are 
     designated by the Congress for Overseas Contingency 
     Operations/Global War on Terrorism pursuant to section 
     251(b)(2)(A) of the Balanced Budget and Emergency Deficit 
     Control Act of 1985:
       ``Overseas Contingency Operations Transfer Fund, 2010'', 
     $356,810,000;
       ``Procurement of Ammunition, Army, 2010/2012'', 
     $21,000,000;
       ``Other Procurement, Air Force, 2010/2012'', $2,250,000.
       This division may be cited as the ``Department of Defense 
     Appropriations Act, 2012''.

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

                                TITLE I

                       CORPS OF ENGINEERS--CIVIL

                         DEPARTMENT OF THE ARMY

                       Corps of Engineers--civil

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

                             investigations

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

                              construction

       For expenses necessary for the construction of river and 
     harbor, flood and storm damage reduction, shore protection, 
     aquatic ecosystem restoration, and related projects 
     authorized by law; for conducting detailed studies, and plans 
     and specifications, of such projects (including those 
     involving participation by States, local governments, or 
     private groups) authorized or made eligible for selection by 
     law (but such detailed studies, and plans and specifications, 
     shall not constitute a commitment of the Government to 
     construction); $1,694,000,000, to remain available until 
     expended; of which such sums as are necessary to cover the 
     Federal share of construction costs for facilities under the 
     Dredged Material Disposal Facilities program shall be derived 
     from the Harbor Maintenance Trust Fund as authorized by 
     Public Law 104-303; and of which such sums as are necessary 
     to cover one-half of the costs of construction, replacement, 
     rehabilitation, and expansion of inland waterways projects 
     (including only Olmsted Lock and Dam, Ohio River, Illinois 
     and Kentucky; Emsworth Locks and Dam, Ohio River, 
     Pennsylvania; Lock and Dams 2, 3, and 4, Monongahela River, 
     Pennsylvania; and Lock and Dam 27, Mississippi River, 
     Illinois) shall be derived from the Inland Waterways Trust 
     Fund.

                   mississippi river and tributaries

       For expenses necessary for flood damage reduction projects 
     and related efforts in the Mississippi River alluvial valley 
     below Cape Girardeau, Missouri, as authorized by law, 
     $252,000,000, to remain available until expended, of which 
     such sums as are necessary to cover the Federal share of 
     eligible operation and maintenance costs for inland harbors 
     shall be derived from the Harbor Maintenance Trust Fund.

                       operation and maintenance

       For expenses necessary for the operation, maintenance, and 
     care of existing river and harbor, flood and storm damage 
     reduction, aquatic ecosystem restoration, and related 
     projects authorized by law; providing security for 
     infrastructure owned or operated by the Corps, including 
     administrative buildings and laboratories; maintaining harbor 
     channels provided by a State, municipality, or other public 
     agency that serve essential navigation needs of general 
     commerce, where authorized by law; surveying and charting 
     northern and northwestern lakes and connecting waters; 
     clearing and straightening channels; and removing 
     obstructions to navigation, $2,412,000,000, to remain 
     available until expended, of which such sums as are necessary 
     to cover the Federal share of eligible operation and 
     maintenance costs for coastal harbors and channels, and for 
     inland harbors shall be derived from the Harbor Maintenance 
     Trust Fund; of which such sums as become available from the 
     special account for the Corps of Engineers established by the 
     Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l-
     6a(i)) shall be derived from that account for resource 
     protection, research, interpretation, and maintenance 
     activities related to resource protection in the areas at 
     which outdoor recreation is available; and of which such sums 
     as become available from fees collected under section 217 of 
     Public Law 104-303 shall be used to cover the cost of 
     operation and maintenance of the dredged material disposal 
     facilities for which such fees have been collected:  
     Provided, That 1 percent of the total amount of funds 
     provided for each of the programs, projects or activities 
     funded under this heading shall not be allocated to a field 
     operating activity prior to the beginning of the fourth 
     quarter of the fiscal year and shall be available for use by 
     the Chief of Engineers to fund such emergency activities as 
     the Chief of Engineers determines to be necessary and 
     appropriate, and that the Chief of Engineers shall allocate 
     during the fourth quarter any remaining funds which have not 
     been used for emergency activities proportionally in 
     accordance with the amounts provided for the programs, 
     projects or activities.

                           regulatory program

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

            formerly utilized sites remedial action program

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

                 flood control and coastal emergencies

       For expenses necessary to prepare for flood, hurricane, and 
     other natural disasters and support emergency operations, 
     repairs, and other

[[Page 20309]]

     activities in response to such disasters as authorized by 
     law, $27,000,000, to remain available until expended.

                                expenses

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

     office of the assistant secretary of the army for civil works

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

                        administrative provision

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

             general provisions--corps of engineers--civil

                     (including transfers of funds)

       Sec. 101. (a) None of the funds provided in title I of this 
     Act, or provided by previous appropriations Acts to the 
     agencies or entities funded in title I of this Act that 
     remain available for obligation or expenditure in fiscal year 
     2012, shall be available for obligation or expenditure 
     through a reprogramming of funds that:
       (1) creates or initiates a new program, project, or 
     activity;
       (2) eliminates a program, project, or activity;
       (3) increases funds or personnel for any program, project, 
     or activity for which funds have been denied or restricted by 
     this Act, unless prior approval is received from the House 
     and Senate Committees on Appropriations;
       (4) proposes to use funds directed for a specific activity 
     for a different purpose, unless prior approval is received 
     from the House and Senate Committees on Appropriations;
       (5) augments or reduces existing programs, projects or 
     activities in excess of the amounts contained in subsections 
     6 through 10, unless prior approval is received from the 
     House and Senate Committees on Appropriations;
       (6) Investigations.--For a base level over $100,000, 
     reprogramming of 25 percent of the base amount up to a limit 
     of $150,000 per project, study or activity is allowed:  
     Provided, That for a base level less than $100,000, the 
     reprogramming limit is $25,000:  Provided further, That up to 
     $25,000 may be reprogrammed into any continuing study or 
     activity that did not receive an appropriation for existing 
     obligations and concomitant administrative expenses;
       (7) Construction.--For a base level over $2,000,000, 
     reprogramming of 15 percent of the base amount up to a limit 
     of $3,000,000 per project, study or activity is allowed:  
     Provided, That for a base level less than $2,000,000, the 
     reprogramming limit is $300,000:  Provided further, That up 
     to $3,000,000 may be reprogrammed for settled contractor 
     claims, changed conditions, or real estate deficiency 
     judgments:  Provided further, That up to $300,000 may be 
     reprogrammed into any continuing study or activity that did 
     not receive an appropriation for existing obligations and 
     concomitant administrative expenses;
       (8) Operation and maintenance.--Unlimited reprogramming 
     authority is granted in order for the Corps to be able to 
     respond to emergencies:  Provided, That the Chief of 
     Engineers must notify the House and Senate Committees on 
     Appropriations of these emergency actions as soon thereafter 
     as practicable:  Provided further, That for a base level over 
     $1,000,000, reprogramming of 15 percent of the base amount a 
     limit of $5,000,000 per project, study or activity is 
     allowed:  Provided further, That for a base level less than 
     $1,000,000, the reprogramming limit is $150,000:  Provided 
     further, That $150,000 may be reprogrammed into any 
     continuing study or activity that did not receive an 
     appropriation;
       (9) Mississippi river and tributaries.--The same 
     reprogramming guidelines for the Investigations, 
     Construction, and Operation and Maintenance portions of the 
     Mississippi River and Tributaries Account as listed above; 
     and
       (10) Formerly utilized sites remedial action program.--
     Reprogramming of up to 15 percent of the base of the 
     receiving project is permitted.
       (b) De Minimus Reprogrammings.--In no case should a 
     reprogramming for less than $50,000 be submitted to the House 
     and Senate Committees on Appropriations.
       (c) Continuing Authorities Program.--Subsection (a)(1) 
     shall not apply to any project or activity funded under the 
     continuing authorities program.
       (d) Not later than 60 days after the date of enactment of 
     this Act, the Corps of Engineers shall submit a report to the 
     House and Senate Committees on Appropriations to establish 
     the baseline for application of reprogramming and transfer 
     authorities for the current fiscal year:  Provided, That the 
     report shall include:
       (1) A table for each appropriation with a separate column 
     to display the President's budget request, adjustments made 
     by Congress, adjustments due to enacted rescissions, if 
     appropriate, and the fiscal year enacted level;
       (2) A delineation in the table for each appropriation both 
     by object class and program, project and activity as detailed 
     in the budget appendix for the respective appropriations; and
       (3) An identification of items of special congressional 
     interest.
       Sec. 102.  None of the funds made available in this title 
     may be used to award or modify any contract that commits 
     funds beyond the amounts appropriated for that program, 
     project, or activity that remain unobligated, except that 
     such amounts may include any funds that have been made 
     available through reprogramming pursuant to section 101.
       Sec. 103.  None of the funds in this Act, or previous Acts, 
     making funds available for Energy and Water Development, 
     shall be used to award any continuing contract that commits 
     additional funding from the Inland Waterways Trust Fund 
     unless or until such time that a long-term mechanism to 
     enhance revenues in this Fund sufficient to meet the cost-
     sharing authorized in the Water Resources Development Act of 
     1986 (Public Law 99-662) is enacted.
       Sec. 104.  Within 120 days of the date of the Chief of 
     Engineers Report on a water resource matter, the Assistant 
     Secretary of the Army (Civil Works) shall submit the report 
     to the appropriate authorizing and appropriating committees 
     of the Congress.
       Sec. 105.  During the fiscal year period covered by this 
     Act, the Secretary of the Army is authorized to implement 
     measures recommended in the efficacy study authorized under 
     section 3061 of the Water Resources Development Act of 2007 
     (121 Stat. 1121) or in interim reports, with such 
     modifications or emergency measures as the Secretary of the 
     Army determines to be appropriate, to prevent aquatic 
     nuisance species from dispersing into the Great Lakes by way 
     of any hydrologic connection between the Great Lakes and the 
     Mississippi River Basin.
       Sec. 106.  The Secretary is authorized to transfer to 
     ``Corps of Engineers--Civil--Construction'' up to 
     $100,000,000 of the funds provided for reinforcing or 
     replacing flood walls under the heading ``Corps of 
     Engineers--Civil--Flood Control and Coastal Emergencies'' in 
     Public Law 109-234 and Public Law 110-252 and up to 
     $75,000,000 of the funds provided for projects and measures 
     for the West Bank and Vicinity and Lake Ponchartrain and 
     Vicinity projects under the heading ``Corps of Engineers--
     Civil--Flood Control and Coastal Emergencies'' in Public Law 
     110-28, to be used with funds provided for the West Bank and 
     Vicinity project under the heading ``Corps of Engineers--
     Civil--Construction'' in Public Law 110-252 and Public Law 
     110-329, consistent with 65 percent Federal and 35 percent 
     non-Federal cost share and the financing of, and payment 
     terms for, the non-Federal cash contribution associated with 
     the West Bank and Vicinity project.
       Sec. 107.  The Secretary of the Army may transfer to the 
     Fish and Wildlife Service, and the Fish and Wildlife Service 
     may accept and expend, up to $3,800,000 of funds provided in 
     this title under the heading ``Operation and Maintenance'' to 
     mitigate for fisheries lost due to Corps of Engineers 
     projects.
       Sec. 108.  The Secretary of the Army may authorize a member 
     of the Armed Forces under the Secretary's jurisdiction and 
     employees of the Department of the Army to serve without 
     compensation as director, officer, or otherwise in the 
     management of the organization established to support and 
     maintain the participation of the United States in the 
     permanent international commission of the congresses of 
     navigation, or any successor entity.
       Sec. 109. (a) Acquisition.--The Secretary is authorized to 
     acquire any real property and associated real property 
     interests in the vicinity of Hanover, New Hampshire as may be 
     needed for the Engineer Research and Development Center 
     laboratory facilities at the Cold Regions Research and 
     Engineering Laboratory. This real property to be acquired 
     consists of 18.5 acres more or less, identified as Tracts 
     101-1 and 101-2, together with all necessary easements 
     located entirely within the Town of Hanover, New Hampshire. 
     The real property is generally bounded to the east by state 
     route 10-Lyme Road, to the north by the vacant property of 
     the Trustees of the Dartmouth College, to the south by 
     Fletcher Circle graduate student housing owned by the 
     Trustees of Dartmouth College, and to the west by 
     approximately 9 acres of real property acquired in fee 
     through condemnation in 1981 by the Secretary of the Army.
       (b) Revolving Fund.--The Secretary is authorized to use the 
     Revolving Fund (33 U.S.C. 576) through the Plant Replacement 
     and Improvement Program to acquire the real property and 
     associated real property interests in subsection (a). The 
     Secretary shall ensure that the Revolving Fund is 
     appropriately reimbursed from the benefitting appropriations.
       (c) Right of First Refusal.--The Secretary may provide the 
     Seller of any real property and associated property interests 
     identified in subsection (a)--
       (1) a right of first refusal to acquire such property, or 
     any portion thereof, in the event

[[Page 20310]]

     the property, or any portion thereof, is no longer needed by 
     the Department of the Army.
       (2) a right of first refusal to acquire any real property 
     or associated real property interests acquired by 
     condemnation in Civil Action No. 81-360-L, in the event the 
     property, or any portion thereof, is no longer needed by the 
     Department of the Army.
       (3) the purchase of any property by the Seller exercising 
     either right of first refusal authorized in this section 
     shall be for consideration acceptable to the Secretary and 
     shall be for not less than fair market value at the time the 
     property becomes available for purchase. The right of first 
     refusal authorized in this section shall not inure to the 
     benefit of the Sellers successors or assigns.
       (d) Disposal.--The Secretary of the Army is authorized to 
     dispose of any property or associated real property interests 
     that are subject to the exercise of the right of first 
     refusal as set forth herein.
       Sec. 110.  None of the funds made available in this Act may 
     be used by the Corps of Engineers to relocate, or study the 
     relocation of, any regional division headquarters of the 
     Corps located at a military installation or any permanent 
     employees of such headquarters.
       Sec. 111. (a) Section 5 of the Act entitled ``An Act 
     authorizing the construction of certain public works on 
     rivers and harbors for flood control, and for other 
     purposes,'' approved June 22, 1936, (33 U.S.C. 701h), is 
     amended by--
       (1) inserting ``for work, which includes planning and 
     design,'' before ``to be expended'';
       (2) striking ``flood control or environmental restoration 
     work'' and inserting ``water resources development study or 
     project''; and
       (3) inserting ``: Provided further, That the term `States' 
     means the several States, the District of Columbia, the 
     commonwealths, territories, and possessions of the United 
     States, and Federally recognized Indian tribes'' before the 
     period.
       (b) The Secretary shall notify the appropriate committees 
     of Congress prior to initiation of negotiations for accepting 
     contributed funds under 33 U.S.C. 701h.
       Sec. 112.  With respect to the property covered by the deed 
     described in Auditor's instrument No. 2006-014428 of Benton 
     County, Washington, approximately 1.5 acres, the following 
     deed restrictions are hereby extinguished and of no further 
     force and effect:
       (1) The reversionary interest and use restrictions related 
     to port and industrial purposes;
       (2) The right for the District Engineer to review all pre-
     construction plans and/or specifications pertaining to 
     construction and/or maintenance of any structure intended for 
     human habitation, if the elevation of the property is above 
     the standard project flood elevation; and
       (3) The right of the District Engineer to object to, and 
     thereby prevent, in his/her discretion, such activity.
       Sec. 113.  That portion of the project for navigation, 
     Block Island Harbor of Refuge, Rhode Island adopted by the 
     Rivers and Harbors Act of July 11, 1870, consisting of the 
     cut-stone breakwater lining the west side of the Inner Basin; 
     beginning at a point with coordinates N32579.55, E312625.53, 
     thence running northerly about 76.59 feet to a point with 
     coordinates N32655.92, E312631.32, thence running northerly 
     about 206.81 feet to a point with coordinates N32858.33, 
     E312673.74, thence running easterly about 109.00 feet to a 
     point with coordinates N32832.15, E312779.54, shall no longer 
     be authorized after the date of enactment.
       Sec. 114.  The Secretary of the Army, acting through the 
     Chief of Engineers, is authorized, using amounts available in 
     the Revolving Fund established by section 101 of the Act of 
     July 27, 1953, chap. 245 (33 U.S.C. 576), to construct a 
     Consolidated Infrastructure Research Equipment Facility, an 
     Environmental Processes and Risk Lab, a Hydraulic Research 
     Facility, an Engineer Research and Development Center 
     headquarters building, a Modular Hydraulic Flume building, 
     and to purchase real estate, perform construction, and make 
     facility, utility, street, road, and infrastructure 
     improvements to the Engineer Research and Development 
     Center's installations and facilities. The Secretary shall 
     ensure that the Revolving Fund is appropriately reimbursed 
     from the benefitting appropriations.
       Sec. 115.  Section 1148 of the Water Resources Development 
     Act of 1986 (100 Stat. 4254; 110 Stat. 3718; 114 Stat. 2609) 
     is amended by striking subsection (b) and inserting the 
     following:
       ``(b) Disposition of Acquired Land.--The Secretary may 
     transfer land acquired under this section to the non-Federal 
     sponsor by quitclaim deed subject to such terms and 
     conditions as the Secretary determines to be in the public 
     interest.''.
       Sec. 116.  The New London Disposal Site and the Cornfield 
     Shoals Disposal Site in Long Island Sound selected by the 
     Department of the Army as alternative dredged material 
     disposal sites under section 103(b) of the Marine Protection, 
     Research, and Sanctuaries Act of 1972, as amended, shall 
     remain open for 5 years after enactment of this Act to allow 
     for completion of a Supplemental Environmental Impact 
     Statement to support final designation of an Ocean Dredged 
     Material Disposal Site in eastern Long Island Sound under 
     section 102(c) of the Marine Protection, Research, and 
     Sanctuaries Act of 1972.
       Sec. 117. (a) That portion of the project for navigation, 
     Newport Harbor, Rhode Island adopted by the Rivers and 
     Harbors Acts of March 2, 1907 (34 Stat. 1075); June 25, 1910 
     (36 Stat. 632); August 26, 1937 (50 Stat. 845); and, modified 
     by the Consolidated Appropriations Act, 2000, Public Law 106-
     113, appendix E, title II, section 221 (113 Stat. 1501A-298); 
     consisting of a 13-foot anchorage, an 18-foot anchorage, a 
     21-foot channel, and 18-foot channels described by the 
     following shall no longer be authorized after the date of 
     enactment of this Act: the 21-Foot Entrance Channel, 
     beginning at a point (1) with coordinates 374986.03, 
     150611.01; thence running south 46 degrees 54 minutes 30.7 
     seconds east 900.01 feet to a point (2) with coordinates 
     375643.27, 149996.16; thence running south 8 degrees 4 
     minutes 58.3 east 2,376.87 feet to a point (3) with 
     coordinates 375977.47, 147643.00; thence running south 4 
     degrees 28 minutes 20.4 seconds west 738.56 feet to a point 
     (4) with coordinates 375919.88, 146906.60; thence running 
     south 6 degrees 2 minutes 42.4 seconds east 1,144.00 feet to 
     a point (5) with coordinates 376040.35, 145768.96; thence 
     running south 34 degrees 5 minutes 51.7 seconds west 707.11 
     feet to a point (6) with coordinates 375643.94, 145183.41; 
     thence running south 73 degrees 11 minutes 42.9 seconds west 
     1,300.00 feet to the end point (7) with coordinates 
     374399.46, 144807.57; Returning at a point with coordinates 
     (8) with coordinates 374500.64, 144472.51; thence running 
     north 73 degrees 11 minutes 42.9 seconds east 1,582.85 feet 
     to a point (9) with coordinates 376015.90, 144930.13; thence 
     running north 34 degrees 5 minutes 51.7 seconds east 615.54 
     feet to a point (10) with coordinates 376360.97, 145439.85; 
     thence running north 2 degrees 10 minutes 43.3 seconds west 
     2,236.21 feet to a point (11) with coordinates 376275.96, 
     147674.45; thence running north 8 degrees 4 minutes 55.6 
     seconds west 2,652.83 feet to a point (12) with coordinates 
     375902.99, 150300.93; thence running north 46 degrees 54 
     minutes 30.7 seconds west 881.47 feet to an end point (13) 
     with coordinates 375259.29, 150903.12; and the 18-Foot South 
     Goat Island Channel beginning at a point (14) with 
     coordinates 375509.09, 149444.83; thence running south 25 
     degrees 44 minutes 0.5 second east 430.71 feet to a point 
     (15) with coordinates 375696.10, 149056.84; thence running 
     south 10 degrees 13 minutes 27.4 seconds east 1,540.89 feet 
     to a point (16) with coordinates 375969.61, 147540.41; thence 
     running south 4 degrees 29 minutes 11.3 seconds west 1,662.92 
     feet to a point (17) with coordinates 375839.53, 145882.59; 
     thence running south 34 degrees 5 minutes 51.7 seconds west 
     547.37 feet to a point (18) with coordinates 375532.67, 
     145429.32; thence running south 86 degrees 47 minutes 37.7 
     seconds west 600.01 feet to an end point (19) with 
     coordinates 374933.60, 145395.76; and the 18-Foot Entrance 
     Channel beginning at a point (20) with coordinates 374567.14, 
     144252.33; thence running north 73 degrees 11 minutes 42.9 
     seconds east 1,899.22 feet to a point (21) with coordinates 
     376385.26, 144801.42; thence running north 2 degrees 10 
     minutes 41.5 seconds west 638.89 feet to an end point (10) 
     with coordinates 376360.97, 145439.85; and the 18-Foot South 
     Anchorage beginning at a point (22) with coordinates 
     376286.81, 147389.37; thence running north 78 degrees 56 
     minutes 15.6 seconds east 404.86 feet to a point (23) with 
     coordinates 376684.14, 147467.05; thence running north 78 
     degrees 56 minutes 15.6 seconds east 1,444.33 feet to a point 
     (24) with coordinates 378101.63, 147744.18; thence running 
     south 5 degrees 18 minutes 43.8 seconds west 1,228.20 feet to 
     a point (25) with coordinates 377987.92, 146521.26; thence 
     running south 3 degrees 50 minutes 3.4 seconds east 577.84 
     feet to a point (26) with coordinates 378026.56, 145944.71; 
     thence running south 44 degrees 32 minutes 14.7 seconds west 
     2,314.09 feet to a point (27) with coordinates 376403.52, 
     144295.24 thence running south 60 degrees 5 minutes 58.2 
     seconds west 255.02 feet to an end point (28) with 
     coordinates 376182.45, 144168.12; and the 13-Foot Anchorage 
     beginning at a point (29) with coordinates 376363.39, 
     143666.99; thence running north 63 degrees 34 minutes 19.3 
     seconds east 1,962.37 feet to a point (30) with coordinates 
     378120.68, 144540.38; thence running north 3 degrees 50 
     minutes 3.1 seconds west 1,407.47 feet to an end point (26) 
     with coordinates 378026.56, 145944.71; and the 18-Foot East 
     Channel beginning at a point (23) with coordinates 376684.14, 
     147467.05; thence running north 2 degrees 10 minutes 43.3 
     seconds west 262.95 feet to a point (31) with coordinates 
     376674.14, 147729.81; thence running north 9 degrees 42 
     minutes 20.3 seconds west 301.35 feet to a point (32) with 
     coordinates 376623.34, 148026.85; thence running south 80 
     degrees 17 minutes 42.4 seconds west 313.6 feet to a point 
     (33) with coordinates 376314.23, 147973.99; thence running 
     north 7 degrees 47 minutes 21.9 seconds west 776.24 feet to 
     an end point (34) with coordinates 376209.02, 148743.06; and 
     the 18-Foot North Anchorage beginning at a point (35) with 
     coordinates 376123.98, 148744.69; thence running south 88 
     degrees 54 minutes 16.2 seconds east 377.90 feet to a point 
     (36) with coordinates 376501.82, 148737.47; thence running 
     north 9 degrees 42 minutes 19.0 seconds west 500.01 feet to a 
     point (37) with coordinates 376417.52, 149230.32; thence 
     running north 6 degrees 9 minutes 53.2 seconds west 1,300.01 
     feet to an end point (38) with coordinates 376277.92, 
     150522.81.
       (b) The area described by the following shall be 
     redesignated as an eighteen-foot channel and turning basin: 
     Beginning at a point (1) with coordinates N144759.41, 
     E374413.16; thence running north 73 degrees 11 minutes 42.9 
     seconds east 1,252.88 feet to a point (2) with coordinates 
     N145121.63, E375612.53; thence running north 26 degrees 29 
     minutes 48.1 seconds east 778.89 feet to a point (3) with 
     coordinates N145818.71, E375960.04; thence running north 0 
     degrees 3 minutes 38.1 seconds west 1,200.24 feet to a point 
     (4) with coordinates N147018.94, E375958.77; thence running 
     north 2 degrees 22 minutes 45.2 seconds east 854.35 feet to a 
     point (5) with coordinates N147872.56, E375994.23; thence 
     running

[[Page 20311]]

     north 7 degrees 47 minutes 21.9 seconds west 753.83 feet to a 
     point (6) with coordinates N148619.44, E375892.06; thence 
     running north 88 degrees 46 minutes 16.7 seconds east 281.85 
     feet to a point (7) with coordinates N148625.48, E376173.85; 
     thence running south 7 degrees 47 minutes 21.9 seconds east 
     716.4 feet to a point (8) with coordinates N147915.69, 
     E376270.94; thence running north 80 degrees 17 minutes 42.3 
     seconds east 315.3 feet to a point (9) with coordinates 
     N147968.85, E.76581.73; thence running south 9 degrees 42 
     minutes 20.3 seconds east 248.07 feet to a point (10) with 
     coordinates N147724.33, E376623.55; thence running south 2 
     degrees 10 minutes 43.3 seconds east 318.09 feet to a point 
     (11) with coordinates N147406.47, E376635.64; thence running 
     north 78 degrees 56 minutes 15.6 seconds east 571.11 feet to 
     a point (12) with coordinates N147516.06, E377196.15; thence 
     running south 88 degrees 57 minutes 2.3 seconds east 755.09 
     feet to a point (13) with coordinates N147502.23, E377951.11; 
     thence running south 1 degree 2 minutes 57.7 seconds west 
     100.00 feet to a point (14) with coordinates N147402.25, 
     E377949.28; thence running north 88 degrees 57 minutes 2.3 
     seconds west 744.48 feet to a point (15) with coordinates 
     N147415.88, E377204.92; thence running south 78 degrees 56 
     minutes 15.6 seconds west 931.17 feet to a point (16) with 
     coordinates N147237.21, E376291.06; thence running south 39 
     degrees 26 minutes 18.7 seconds west 208.34 feet to a point 
     (17) with coordinates N147076.31, E376158.71; thence running 
     south 0 degrees 3 minutes 38.1 seconds east 1,528.26 feet to 
     a point (18) with coordinates N145548.05, E376160.32; thence 
     running south 26 degrees 29 minutes 48.1 seconds west 686.83 
     feet to a point (19) with coordinates N144933.37, E375853.90; 
     thence running south 73 degrees 11 minutes 42.9 seconds west 
     1,429.51 feet to end at a point (20) with coordinates 
     N144520.08, E374485.44.
       Sec. 118.  None of the funds made available to the Corps of 
     Engineers by this Act may be used for the removal or 
     associated mitigation of Federal Energy Regulatory Commission 
     Project number 2342.
       Sec. 119.  None of the funds made available by this Act may 
     be used for the study of the Missouri River Projects 
     authorized in section 108 of the Energy and Water Development 
     and Related Agencies Appropriations Act, 2009 (division C of 
     Public Law 111-8).
       Sec. 120.  None of the funds made available in this Act may 
     be used to continue the study conducted by the Army Corps of 
     Engineers pursuant to section 5018(a)(1) of the Water 
     Resources Development Act of 2007.

                                TITLE II

                       DEPARTMENT OF THE INTERIOR

                          Central Utah Project

                central utah project completion account

       For carrying out activities authorized by the Central Utah 
     Project Completion Act, $27,154,000, to remain available 
     until expended, of which $2,000,000 shall be deposited into 
     the Utah Reclamation Mitigation and Conservation Account for 
     use by the Utah Reclamation Mitigation and Conservation 
     Commission. In addition, for necessary expenses incurred in 
     carrying out related responsibilities of the Secretary of the 
     Interior, $1,550,000. For fiscal year 2012, the Commission 
     may use an amount not to exceed $1,500,000 for administrative 
     expenses.

                         Bureau of Reclamation

       The following appropriations shall be expended to execute 
     authorized functions of the Bureau of Reclamation:

                      water and related resources

                     (including transfers of funds)

       For management, development, and restoration of water and 
     related natural resources and for related activities, 
     including the operation, maintenance, and rehabilitation of 
     reclamation and other facilities, participation in fulfilling 
     related Federal responsibilities to Native Americans, and 
     related grants to, and cooperative and other agreements with, 
     State and local governments, federally recognized Indian 
     tribes, and others, $895,000,000, to remain available until 
     expended, of which $10,698,000 shall be available for 
     transfer to the Upper Colorado River Basin Fund and 
     $6,136,000 shall be available for transfer to the Lower 
     Colorado River Basin Development Fund; of which such amounts 
     as may be necessary may be advanced to the Colorado River Dam 
     Fund:  Provided, That such transfers may be increased or 
     decreased within the overall appropriation under this 
     heading:  Provided further, That of the total appropriated, 
     the amount for program activities that can be financed by the 
     Reclamation Fund or the Bureau of Reclamation special fee 
     account established by 16 U.S.C. 460l-6a(i) shall be derived 
     from that Fund or account:  Provided further, That funds 
     contributed under 43 U.S.C. 395 are available until expended 
     for the purposes for which contributed:  Provided further, 
     That funds advanced under 43 U.S.C. 397a shall be credited to 
     this account and are available until expended for the same 
     purposes as the sums appropriated under this heading:  
     Provided further, That of the amounts provided herein, funds 
     may be used for high priority projects which shall be carried 
     out by the Youth Conservation Corps, as authorized by 16 
     U.S.C. 1706.

                central valley project restoration fund

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

                    california bay-delta restoration

                     (including transfers of funds)

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

                       policy and administration

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

                        administrative provision

       Appropriations for the Bureau of Reclamation shall be 
     available for purchase of not to exceed five passenger motor 
     vehicles, which are for replacement only.

             GENERAL PROVISIONS--DEPARTMENT OF THE INTERIOR

       Sec. 201. (a) None of the funds provided in title II of 
     this Act for Water and Related Resources, or provided by 
     previous appropriations Acts to the agencies or entities 
     funded in title II of this Act for Water and Related 
     Resources that remain available for obligation or expenditure 
     in fiscal year 2012, shall be available for obligation or 
     expenditure through a reprogramming of funds that--
       (1) initiates or creates a new program, project, or 
     activity;
       (2) eliminates a program, project, or activity;
       (3) increases funds for any program, project, or activity 
     for which funds have been denied or restricted by this Act, 
     unless prior approval is received from the Committees on 
     Appropriations of the House of Representatives and the 
     Senate;
       (4) restarts or resumes any program, project or activity 
     for which funds are not provided in this Act, unless prior 
     approval is received from the Committees on Appropriations of 
     the House of Representatives and the Senate;
       (5) transfers funds in excess of the following limits, 
     unless prior approval is received from the Committees on 
     Appropriations of the House of Representatives and the 
     Senate:
       (A) 15 percent for any program, project or activity for 
     which $2,000,000 or more is available at the beginning of the 
     fiscal year; or
       (B) $300,000 for any program, project or activity for which 
     less than $2,000,000 is available at the beginning of the 
     fiscal year;
       (6) transfers more than $500,000 from either the Facilities 
     Operation, Maintenance, and Rehabilitation category or the 
     Resources Management and Development category to any program, 
     project, or activity in the other category, unless prior 
     approval is received from the Committees on Appropriations of 
     the House of Representatives and the Senate; or
       (7) transfers, where necessary to discharge legal 
     obligations of the Bureau of Reclamation, more than 
     $5,000,000 to provide adequate funds for settled contractor 
     claims, increased contractor earnings due to accelerated 
     rates of operations, and real estate deficiency judgments, 
     unless prior approval is received from the Committees on 
     Appropriations of the House of Representatives and the 
     Senate.
       (b) Subsection (a)(5) shall not apply to any transfer of 
     funds within the Facilities Operation, Maintenance, and 
     Rehabilitation category.
       (c) For purposes of this section, the term ``transfer'' 
     means any movement of funds into or out of a program, 
     project, or activity.
       (d) The Bureau of Reclamation shall submit reports on a 
     quarterly basis to the Committees on Appropriations of the 
     House of Representatives and the Senate detailing all the 
     funds reprogrammed between programs, projects, activities, or 
     categories of funding. The first quarterly report shall be 
     submitted not later than 60 days after the date of enactment 
     of this Act.
       Sec. 202. (a) None of the funds appropriated or otherwise 
     made available by this Act may be used to determine the final 
     point of discharge for the interceptor drain for the San Luis 
     Unit until development by the Secretary of the Interior and 
     the State of California of a plan, which shall conform to the 
     water quality standards of the State of California as 
     approved by the Administrator of the Environmental Protection

[[Page 20312]]

     Agency, to minimize any detrimental effect of the San Luis 
     drainage waters.
       (b) The costs of the Kesterson Reservoir Cleanup Program 
     and the costs of the San Joaquin Valley Drainage Program 
     shall be classified by the Secretary of the Interior as 
     reimbursable or nonreimbursable and collected until fully 
     repaid pursuant to the ``Cleanup Program-Alternative 
     Repayment Plan'' and the ``SJVDP-Alternative Repayment Plan'' 
     described in the report entitled ``Repayment Report, 
     Kesterson Reservoir Cleanup Program and San Joaquin Valley 
     Drainage Program, February 1995'', prepared by the Department 
     of the Interior, Bureau of Reclamation. Any future 
     obligations of funds by the United States relating to, or 
     providing for, drainage service or drainage studies for the 
     San Luis Unit shall be fully reimbursable by San Luis Unit 
     beneficiaries of such service or studies pursuant to Federal 
     reclamation law.
       Sec. 203.  Section 529(b)(3) of Public Law 106-541, as 
     amended by section 115 of Public Law 109-103, is further 
     amended by striking ``$20,000,000'' and inserting 
     ``$30,000,000'' in lieu thereof.
       Sec. 204.  Section 8 of the Water Desalination Act of 1996 
     (42 U.S.C. 10301 note; Public Law 104-298) is amended--
       (1) in subsection (a), in the first sentence, by striking 
     ``2011'' and inserting ``2013''; and
       (2) in subsection (b), by striking ``$25,000,000 for fiscal 
     years 1997 through 2011'' and inserting ``$3,000,000 for each 
     of fiscal years 2012 through 2013''.
       Sec. 205.  The Federal policy for addressing California's 
     water supply and environmental issues related to the Bay-
     Delta shall be consistent with State law, including the co-
     equal goals of providing a more reliable water supply for the 
     State of California and protecting, restoring, and enhancing 
     the Delta ecosystem. The Secretary of the Interior, the 
     Secretary of Commerce, the Army Corps of Engineers and the 
     Environmental Protection Agency Administrator shall jointly 
     coordinate the efforts of the relevant agencies and work with 
     the State of California and other stakeholders to complete 
     and issue the Bay Delta Conservation Plan Final Environmental 
     Impact Statement no later than February 15, 2013. Nothing 
     herein modifies existing requirements of Federal law.
       Sec. 206.  The Secretary of the Interior may participate in 
     non-Federal groundwater banking programs to increase the 
     operational flexibility, reliability, and efficient use of 
     water in the State of California, and this participation may 
     include making payment for the storage of Central Valley 
     Project water supplies, the purchase of stored water, the 
     purchase of shares or an interest in ground banking 
     facilities, or the use of Central Valley Project water as a 
     medium of payment for groundwater banking services:  
     Provided, That the Secretary of the Interior shall 
     participate in groundwater banking programs only to the 
     extent allowed under State law and consistent with water 
     rights applicable to the Central Valley Project:  Provided 
     further, That any water user to which banked water is 
     delivered shall pay for such water in the same manner 
     provided by that water user's then-current Central Valley 
     Project water service, repayment, or water rights settlement 
     contract at the rate provided by the then-current Central-
     Valley Project Irrigation or Municipal and Industrial Rate 
     Setting Policies; and:  Provided further, That in 
     implementing this section, the Secretary of the Interior 
     shall comply with applicable environmental laws, including 
     the National Environmental Policy Act of 1969 (42 U.S.C. 4321 
     et seq.) and the Endangered Species Act of 1973 (16 U.S.C. 
     1531 et seq.) Nothing herein shall alter or limit the 
     Secretary's existing authority to use groundwater banking to 
     meet existing fish and wildlife obligations.
       Sec. 207. (a) Subject to compliance with all applicable 
     Federal and State laws, a transfer of irrigation water among 
     Central Valley Project contractors from the Friant, San 
     Felipe, West San Joaquin, and Delta divisions, and a transfer 
     from a long-term Friant Division water service or repayment 
     contractor to a temporary or prior temporary service 
     contractors within the place of use in existence on the date 
     of the transfer, as identified in the Bureau of Reclamation 
     water rights permits for the Friant Division, shall be 
     considered to meet the conditions described in subparagraphs 
     (A) and (I) of section 3405(a)(1) of the Reclamation Projects 
     Authorization and Adjustment Act of 1992 (Public Law 102-575; 
     106 Stat. 4709).
       (b) The Secretary of the Interior, acting through the 
     Director of the United States Fish and Wildlife Service and 
     the Commissioner of the Bureau of Reclamation shall initiate 
     and complete, on the most expedited basis practicable, 
     programmatic environmental compliance so as to facilitate 
     voluntary water transfers within the Central Valley Project, 
     consistent with all applicable Federal and State law.
       (c) Not later than 180 days after the date of enactment of 
     this Act and each of the 4 years thereafter, the Commissioner 
     of the Bureau of Reclamation shall submit to the committee on 
     Appropriations of the House of Representatives and the 
     Committee on Appropriations of the Senate a report that 
     describes the status of efforts to help facilitate and 
     improve the water transfers within the Central Valley Project 
     and water transfers between the Central Valley Project and 
     other water projects in the State of California; evaluates 
     potential effects of this Act on Federal programs, Indian 
     tribes, Central Valley Project operations, the environment, 
     groundwater aquifers, refuges, and communities; and provides 
     recommendations on ways to facilitate and improve the process 
     for these transfers.
       Sec. 208. (a) Permitted Uses.--Section 2507(b) of the Farm 
     Security and Rural Investment Act of 2002 (43 U.S.C. 2211 
     note; Public Law 107-171) is amended--
       (1) in the matter preceding paragraph (1), by striking ``In 
     any case in which there are willing sellers'' and inserting 
     ``For the benefit of at-risk natural desert terminal lakes 
     and associated riparian and watershed resources, in any case 
     in which there are willing sellers or willing participants'';
       (2) in paragraph (2), by striking ``in the Walker River'' 
     and all that follows through ``119 Stat. 2268)''; and
       (3) in paragraph (3), by striking ``in the Walker River 
     Basin''.
       (b) Walker Basin Restoration Program.--Section 208(b) of 
     the Energy and Water Development and Related Agencies 
     Appropriations Act, 2010 (Public Law 111-85; 123 Stat. 2858) 
     is amended--
       (1) in paragraph (1)(B)(iv), by striking ``exercise water 
     rights'' and inserting ``manage land, water appurtenant to 
     the land, and related interests''; and
       (2) in paragraph (2)(A), by striking ``The amount made 
     available under subsection (a)(1) shall be provided to the 
     National Fish and Wildlife Foundation'' and inserting ``Any 
     amount made available to the National Fish and Wildlife 
     Foundation under subsection (a) shall be provided''.

                               TITLE III

                          DEPARTMENT OF ENERGY

                            ENERGY PROGRAMS

                 Energy Efficiency and Renewable Energy

                    (including rescission of funds)

       For Department of Energy expenses including the purchase, 
     construction, and acquisition of plant and capital equipment, 
     and other expenses necessary for energy efficiency and 
     renewable energy activities in carrying out the purposes of 
     the Department of Energy Organization Act (42 U.S.C. 7101 et 
     seq.), including the acquisition or condemnation of any real 
     property or any facility or for plant or facility 
     acquisition, construction, or expansion, $1,825,000,000, to 
     remain available until expended:  Provided, That $165,000,000 
     shall be available until September 30, 2013 for program 
     direction:  Provided further, That for the purposes of 
     allocating weatherization assistance funds appropriated by 
     this Act to States and tribes, the Secretary of Energy may 
     waive the allocation formula established pursuant to section 
     414(a) of the Energy Conservation and Production Act (42 
     U.S.C. 6864(a)):  Provided further, That of the unobligated 
     balances available under this heading, $9,909,000 are hereby 
     rescinded:  Provided further, That no amounts may be 
     rescinded from amounts that were designated by the Congress 
     as an emergency requirement pursuant to the Concurrent 
     Resolution on the Budget or the Balanced Budget and Emergency 
     Deficit Control Act of 1985.

              Electricity Delivery and Energy Reliability

       For Department of Energy expenses including the purchase, 
     construction, and acquisition of plant and capital equipment, 
     and other expenses necessary for electricity delivery and 
     energy reliability activities in carrying out the purposes of 
     the Department of Energy Organization Act (42 U.S.C. 7101 et 
     seq.), including the acquisition or condemnation of any real 
     property or any facility or for plant or facility 
     acquisition, construction, or expansion, $139,500,000, to 
     remain available until expended:  Provided, That $27,010,000 
     shall be available until September 30, 2013 for program 
     direction.

                             Nuclear Energy

       For Department of Energy expenses including the purchase, 
     construction, and acquisition of plant and capital equipment, 
     and other expenses necessary for nuclear energy activities in 
     carrying out the purposes of the Department of Energy 
     Organization Act (42 U.S.C. 7101 et seq.), including the 
     acquisition or condemnation of any real property or any 
     facility or for plant or facility acquisition, construction, 
     or expansion, and the purchase of not more than 10 buses, all 
     for replacement only, $768,663,000, to remain available until 
     expended:  Provided, That $91,000,000 shall be available 
     until September 30, 2013 for program direction.

                 Fossil Energy Research and Development

                    (including rescission of funds)

       For necessary expenses in carrying out fossil energy 
     research and development activities, under the authority of 
     the Department of Energy Organization Act (Public Law 95-91), 
     including the acquisition of interest, including defeasible 
     and equitable interests in any real property or any facility 
     or for plant or facility acquisition or expansion, and for 
     conducting inquiries, technological investigations and 
     research concerning the extraction, processing, use, and 
     disposal of mineral substances without objectionable social 
     and environmental costs (30 U.S.C. 3, 1602, and 1603), 
     $534,000,000, to remain available until expended:  Provided, 
     That $120,000,000 shall be available until September 30, 2013 
     for program direction:  Provided further, That for all 
     programs funded under Fossil Energy appropriations in this 
     Act or any other Act, the Secretary may vest fee title or 
     other property interests acquired under projects in any 
     entity, including the United States:  Provided further, That 
     of prior-year balances, $187,000,000 are hereby rescinded:  
     Provided further, That no rescission made by the previous 
     proviso shall apply to any amount previously appropriated in 
     Public Law 111-5 or designated by the Congress as an 
     emergency requirement

[[Page 20313]]

     pursuant to a concurrent resolution on the budget or the 
     Balanced Budget and Emergency Deficit Control Act of 1985.

                 Naval Petroleum and Oil Shale Reserves

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

                      Strategic Petroleum Reserve

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

                         SPR Petroleum Account

                    (including rescission of funds)

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

                   Northeast Home Heating Oil Reserve

                    (including rescission of funds)

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

                   Energy Information Administration

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

                   Non-defense Environmental Cleanup

       For Department of Energy expenses, including the purchase, 
     construction, and acquisition of plant and capital equipment 
     and other expenses necessary for non-defense environmental 
     cleanup activities in carrying out the purposes of the 
     Department of Energy Organization Act (42 U.S.C. 7101 et 
     seq.), including the acquisition or condemnation of any real 
     property or any facility or for plant or facility 
     acquisition, construction, or expansion, $235,721,000, to 
     remain available until expended.

      Uranium Enrichment Decontamination and Decommissioning Fund

       For necessary expenses in carrying out uranium enrichment 
     facility decontamination and decommissioning, remedial 
     actions, and other activities of title II of the Atomic 
     Energy Act of 1954, and title X, subtitle A, of the Energy 
     Policy Act of 1992, $472,930,000, to be derived from the 
     Uranium Enrichment Decontamination and Decommissioning Fund, 
     to remain available until expended.

                                Science

       For Department of Energy expenses including the purchase, 
     construction, and acquisition of plant and capital equipment, 
     and other expenses necessary for science activities in 
     carrying out the purposes of the Department of Energy 
     Organization Act (42 U.S.C. 7101 et seq.), including the 
     acquisition or condemnation of any real property or facility 
     or for plant or facility acquisition, construction, or 
     expansion, and purchase of not more than 49 passenger motor 
     vehicles for replacement only, including one ambulance and 
     one bus, $4,889,000,000, to remain available until expended:  
     Provided, That $185,000,000 shall be available until 
     September 30, 2013 for program direction.

               Advanced Research Projects Agency--Energy

       For necessary expenses in carrying out the activities 
     authorized by section 5012 of the America COMPETES Act 
     (Public Law 110-69), as amended, $275,000,000:  Provided, 
     That $20,000,000 shall be available until September 30, 2013 
     for program direction.

         Title 17 Innovative Technology Loan Guarantee Program

       Such sums as are derived from amounts received from 
     borrowers pursuant to section 1702(b)(2) of the Energy Policy 
     Act of 2005 under this heading in prior Acts, shall be 
     collected in accordance with section 502(7) of the 
     Congressional Budget Act of 1974:  Provided, That for 
     necessary administrative expenses to carry out this Loan 
     Guarantee program, $38,000,000 is appropriated to remain 
     available until expended:  Provided further, That $38,000,000 
     of the fees collected pursuant to section 1702(h) of the 
     Energy Policy Act of 2005 shall be credited as offsetting 
     collections to this account to cover administrative expenses 
     and shall remain available until expended, so as to result in 
     a final fiscal year 2012 appropriation from the general fund 
     estimated at not more than $0:  Provided further, That fees 
     collected under section 1702(h) in excess of the amount 
     appropriated for administrative expenses shall not be 
     available until appropriated.

        Advanced Technology Vehicles Manufacturing Loan Program

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

                      Departmental Administration

       For salaries and expenses of the Department of Energy 
     necessary for departmental administration in carrying out the 
     purposes of the Department of Energy Organization Act (42 
     U.S.C. 7101 et seq.), including the hire of passenger motor 
     vehicles and official reception and representation expenses 
     not to exceed $30,000, $237,623,000, to remain available 
     until September 30, 2013, plus such additional amounts as 
     necessary to cover increases in the estimated amount of cost 
     of work for others notwithstanding the provisions of the 
     Anti-Deficiency Act (31 U.S.C. 1511 et seq.):  Provided, That 
     such increases in cost of work are offset by revenue 
     increases of the same or greater amount, to remain available 
     until expended:  Provided further, That moneys received by 
     the Department for miscellaneous revenues estimated to total 
     $111,623,000 in fiscal year 2012 may be retained and used for 
     operating expenses within this account, and may remain 
     available until expended, as authorized by section 201 of 
     Public Law 95-238, notwithstanding the provisions of 31 
     U.S.C. 3302:  Provided further, That the sum herein 
     appropriated shall be reduced by the amount of miscellaneous 
     revenues received during 2012, and any related appropriated 
     receipt account balances remaining from prior years' 
     miscellaneous revenues, so as to result in a final fiscal 
     year 2012 appropriation from the general fund estimated at 
     not more than $126,000,000.

                    Office of the Inspector General

       For necessary expenses of the Office of the Inspector 
     General in carrying out the provisions of the Inspector 
     General Act of 1978, as amended, $42,000,000, to remain 
     available until expended.

                    ATOMIC ENERGY DEFENSE ACTIVITIES

                NATIONAL NUCLEAR SECURITY ADMINISTRATION

                           Weapons Activities

       For Department of Energy expenses, including the purchase, 
     construction, and acquisition of plant and capital equipment 
     and other incidental expenses necessary for atomic energy 
     defense weapons activities in carrying out the purposes of 
     the Department of Energy Organization Act (42 U.S.C. 7101 et 
     seq.), including the acquisition or condemnation of any real 
     property or any facility or for plant or facility 
     acquisition, construction, or expansion, the purchase of not 
     to exceed one ambulance and one aircraft; $7,233,997,000, to 
     remain available until expended:  Provided, That of such 
     amount not more than $89,425,000 may be made available for 
     the B-61 Life Extension Program until the Administrator of 
     the National Nuclear Security Administration submits to the 
     Committees on Appropriations of the House of Representatives 
     and the Senate a final report on the Phase 6.2a design 
     definition and cost study.

                    Defense Nuclear Nonproliferation

                    (including rescission of funds)

       For Department of Energy expenses, including the purchase, 
     construction, and acquisition of plant and capital equipment 
     and other incidental expenses necessary for defense nuclear 
     nonproliferation activities, in carrying out the purposes of 
     the Department of Energy Organization Act (42 U.S.C. 7101 et 
     seq.), including the acquisition or condemnation of any real 
     property or any facility or for plant or facility 
     acquisition, construction, or expansion, and the purchase of 
     not to exceed one passenger motor vehicle for replacement 
     only, $2,324,303,000, to remain available until expended:  
     Provided, That of the unobligated balances available under 
     this heading, $21,000,000 are hereby rescinded:  Provided 
     further, That no amounts may be rescinded from amounts that 
     were designated by the Congress as an emergency requirement 
     pursuant to the Concurrent Resolution on the Budget or the 
     Balanced Budget and Emergency Deficit Control Act of 1985.

                             Naval Reactors

       For Department of Energy expenses necessary for naval 
     reactors activities to carry out the Department of Energy 
     Organization Act (42 U.S.C. 7101 et seq.), including the 
     acquisition (by purchase, condemnation, construction, or 
     otherwise) of real property, plant, and capital equipment, 
     facilities, and facility expansion, $1,080,000,000, to remain 
     available until expended:  Provided, That $40,000,000 shall 
     be available until September 30, 2013 for program direction.

                      Office of the Administrator

       For necessary expenses of the Office of the Administrator 
     in the National Nuclear Security Administration, including 
     official reception and representation expenses not to exceed 
     $12,000, $410,000,000, to remain available until September 
     30, 2013.

               ENVIRONMENTAL AND OTHER DEFENSE ACTIVITIES

                     Defense Environmental Cleanup

       For Department of Energy expenses, including the purchase, 
     construction, and acquisition of plant and capital equipment 
     and other expenses necessary for atomic energy defense 
     environmental cleanup activities in carrying out the purposes 
     of the Department of Energy Organization Act (42 U.S.C. 7101 
     et seq.), including the acquisition or condemnation of any 
     real property or any facility or for plant or facility 
     acquisition, construction, or expansion, and the purchase of 
     not to exceed one ambulance and one fire truck for 
     replacement only, $5,023,000,000, to

[[Page 20314]]

     remain available until expended:  Provided, That $321,628,000 
     shall be available until September 30, 2013 for program 
     direction.

                        Other Defense Activities

       For Department of Energy expenses, including the purchase, 
     construction, and acquisition of plant and capital equipment 
     and other expenses, necessary for atomic energy defense, 
     other defense activities, and classified activities, in 
     carrying out the purposes of the Department of Energy 
     Organization Act (42 U.S.C. 7101 et seq.), including the 
     acquisition or condemnation of any real property or any 
     facility or for plant or facility acquisition, construction, 
     or expansion, and the purchase of not to exceed 10 passenger 
     motor vehicles for replacement only, $823,364,000:  Provided, 
     That $114,086,000 shall be available until September 30, 2013 
     for program direction.

                    POWER MARKETING ADMINISTRATIONS

                  Bonneville Power Administration Fund

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

      Operation and Maintenance, Southeastern Power Administration

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

      Operation and Maintenance, Southwestern Power Administration

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

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

       For carrying out the functions authorized by title III, 
     section 302(a)(1)(E) of the Act of August 4, 1977 (42 U.S.C. 
     7152), and other related activities including conservation 
     and renewable resources programs as authorized, including 
     official reception and representation expenses in an amount 
     not to exceed $1,500; $285,900,000, to remain available until 
     expended, of which $278,856,000 shall be derived from the 
     Department of the Interior Reclamation Fund:  Provided, That 
     notwithstanding 31 U.S.C. 3302, section 5 of the Flood 
     Control Act of 1944 (16 U.S.C. 825s), and section 1 of the 
     Interior Department Appropriation Act, 1939 (43 U.S.C. 392a), 
     up to $189,932,000 collected by the Western Area Power 
     Administration from the sale of power and related services 
     shall be credited to this account as discretionary offsetting 
     collections, to remain available until expended, for the sole 
     purpose of funding the annual expenses of the Western Area 
     Power Administration:  Provided further, That the sum herein 
     appropriated for annual expenses shall be reduced as 
     collections are received during the fiscal year so as to 
     result in a final fiscal year 2012 appropriation estimated at 
     not more than $95,968,000, of which $88,924,000 is derived 
     from the Reclamation Fund:  Provided further, That of the 
     amount herein appropriated, not more than $3,375,000 is for 
     deposit into the Utah Reclamation Mitigation and Conservation 
     Account pursuant to title IV of the Reclamation Projects 
     Authorization and Adjustment Act of 1992:  Provided further, 
     That notwithstanding 31 U.S.C. 3302, up to $306,541,000 
     collected by the Western Area Power Administration pursuant 
     to the Flood Control Act of 1944 and the Reclamation Project 
     Act of 1939 to recover purchase power and wheeling expenses 
     shall be credited to this account as offsetting collections, 
     to remain available until expended for the sole purpose of 
     making purchase power and wheeling expenditures:  Provided 
     further, That for purposes of this appropriation, annual 
     expenses means expenditures that are generally recovered in 
     the same year that they are incurred (excluding purchase 
     power and wheeling expenses).

           Falcon and Amistad Operating and Maintenance Fund

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

                  Federal Energy Regulatory Commission

                         salaries and expenses

       For necessary expenses of the Federal Energy Regulatory 
     Commission to carry out the provisions of the Department of 
     Energy Organization Act (42 U.S.C. 7101 et seq.), including 
     services as authorized by 5 U.S.C. 3109, the hire of 
     passenger motor vehicles, and official reception and 
     representation expenses not to exceed $3,000, $304,600,000, 
     to remain available until expended:  Provided, That 
     notwithstanding any other provision of law, not to exceed 
     $304,600,000 of revenues from fees and annual charges, and 
     other services and collections in fiscal year 2012 shall be 
     retained and used for necessary expenses in this account, and 
     shall remain available until expended:  Provided further, 
     That the sum herein appropriated from the general fund shall 
     be reduced as revenues are received during fiscal year 2012 
     so as to result in a final fiscal year 2012 appropriation 
     from the general fund estimated at not more than $0.

                GENERAL PROVISIONS--DEPARTMENT OF ENERGY

              (including rescission and transfer of funds)

       Sec. 301. (a) No appropriation, funds, or authority made 
     available by this title for the Department of Energy shall be 
     used to initiate or resume any program, project, or activity 
     or to prepare or initiate Requests For Proposals or similar 
     arrangements (including Requests for Quotations, Requests for 
     Information, and Funding Opportunity Announcements) for a 
     program, project, or activity if the program, project, or 
     activity has not been funded by Congress.
       (b) The Department of Energy may not, with respect to any 
     program, project, or activity that uses budget authority made 
     available in this title under the heading ``Department of 
     Energy--Energy Programs'', enter into a multi-year contract, 
     award a multi-year grant, or enter into a multi-year 
     cooperative agreement unless the contract, grant, or 
     cooperative agreement includes a clause conditioning the 
     Federal Government's obligation on the availability of 
     future-year budget authority and the Secretary notifies the 
     Committees on Appropriations of the House of Representatives 
     and the Senate at least 14 days in advance.
       (c) Except as provided in this section, the amounts made 
     available by this title shall be expended as authorized by 
     law for the projects and activities specified in the 
     ``Conference'' column in the ``Department of Energy'' table 
     included under the heading ``Title III--Department of 
     Energy'' in the joint explanatory statement accompanying this 
     Act.

[[Page 20315]]

       (d) The amounts made available by this title may be 
     reprogrammed for any program, project, or activity, and the 
     Department shall notify the Committees on Appropriations of 
     the House of Representatives and the Senate at least 30 days 
     prior to the use of any proposed reprogramming which would 
     cause any program, project, or activity funding level to 
     increase or decrease by more than $5,000,000 or 10 percent, 
     whichever is less, during the time period covered by this 
     Act.
       (e) Notwithstanding subsection (c), none of the funds 
     provided in this title shall be available for obligation or 
     expenditure through a reprogramming of funds that--
       (1) creates, initiates, or eliminates a program, project, 
     or activity,
       (2) increases funds or personnel for any program, project, 
     or activity for which funds are denied or restricted by this 
     Act, or
       (3) reduces funds that are directed to be used for a 
     specific program, project, or activity by this Act.
       (f)(1) The Secretary of Energy may waive any requirement or 
     restriction in this section that applies to the use of funds 
     made available for the Department of Energy if compliance 
     with such requirement or restriction would pose a substantial 
     risk to human health, the environment, welfare, or national 
     security.
       (2) The Secretary of Energy shall notify the Committees on 
     Appropriations of any waiver under paragraph (1) as soon as 
     practicable, but not later than 3 days after the date of the 
     activity to which a requirement or restriction would 
     otherwise have applied. Such notice shall include an 
     explanation of the substantial risk under paragraph (1) that 
     permitted such waiver.
       Sec. 302.  The unexpended balances of prior appropriations 
     provided for activities in this Act may be available to the 
     same appropriation accounts for such activities established 
     pursuant to this title. Available balances may be merged with 
     funds in the applicable established accounts and thereafter 
     may be accounted for as one fund for the same time period as 
     originally enacted.
       Sec. 303.  Funds appropriated by this or any other Act, or 
     made available by the transfer of funds in this Act, for 
     intelligence activities are deemed to be specifically 
     authorized by the Congress for purposes of section 504 of the 
     National Security Act of 1947 (50 U.S.C. 414) during fiscal 
     year 2012 until the enactment of the Intelligence 
     Authorization Act for fiscal year 2012.
       Sec. 304. (a) Submission to Congress.--The Secretary of 
     Energy shall submit to Congress each year, at the time that 
     the President's budget is submitted to Congress that year 
     under section 1105(a) of title 31, United States Code, a 
     future-years energy program reflecting the estimated 
     expenditures and proposed appropriations included in that 
     budget. Any such future-years energy program shall cover the 
     fiscal year with respect to which the budget is submitted and 
     at least the four succeeding fiscal years. A future-years 
     energy program shall be included in the fiscal year 2014 
     budget submission to Congress and every fiscal year 
     thereafter.
       (b) Elements.--Each future-years energy program shall 
     contain the following:
       (1) The estimated expenditures and proposed appropriations 
     necessary to support programs, projects, and activities of 
     the Secretary of Energy during the 5-fiscal year period 
     covered by the program, expressed in a level of detail 
     comparable to that contained in the budget submitted by the 
     President to Congress under section 1105 of title 31, United 
     States Code.
       (2) The estimated expenditures and proposed appropriations 
     shaped by high-level, prioritized program and budgetary 
     guidance that is consistent with the administration's 
     policies and out year budget projections and reviewed by the 
     Department of Energy's (DOE) senior leadership to ensure that 
     the future-years energy program is consistent and congruent 
     with previously established program and budgetary guidance.
       (3) A description of the anticipated workload requirements 
     for each DOE national laboratory during the 5-fiscal year 
     period.
       (c) Consistency in Budgeting.--
       (1) The Secretary of Energy shall ensure that amounts 
     described in subparagraph (A) of paragraph (2) for any fiscal 
     year are consistent with amounts described in subparagraph 
     (B) of paragraph (2) for that fiscal year.
       (2) Amounts referred to in paragraph (1) are the following:
       (A) The amounts specified in program and budget information 
     submitted to Congress by the Secretary of Energy in support 
     of expenditure estimates and proposed appropriations in the 
     budget submitted to Congress by the President under section 
     1105(a) of title 31, United States Code, for any fiscal year, 
     as shown in the future-years energy program submitted 
     pursuant to subsection (a).
       (B) The total amounts of estimated expenditures and 
     proposed appropriations necessary to support the programs, 
     projects, and activities of the administration included 
     pursuant to paragraph (5) of section 1105(a) of such title in 
     the budget submitted to Congress under that section for any 
     fiscal year.
       Sec. 305.  Section 1702 of the Energy Policy Act of 2005 
     (42 U.S.C. 16512) is amended--
       (1) by striking subsection (b) and inserting the following:
       ``(b) Specific Appropriation or Contribution.--
       ``(1) In general.--No guarantee shall be made unless--
       ``(A) an appropriation for the cost of the guarantee has 
     been made;
       ``(B) the Secretary has received from the borrower a 
     payment in full for the cost of the guarantee and deposited 
     the payment into the Treasury; or
       ``(C) a combination of one or more appropriations under 
     subparagraph (A) and one or more payments from the borrower 
     under subparagraph (B) has been made that is sufficient to 
     cover the cost of the guarantee.''.
       Sec. 306.  Plant or construction projects for which amounts 
     are made available under this and subsequent appropriation 
     Acts with a current estimated cost of less than $10,000,000 
     are considered for purposes of section 4703 of Public Law 
     107-314 as a plant project for which the approved total 
     estimated cost does not exceed the minor construction 
     threshold and for purposes of section 4704 of Public Law 107-
     314 as a construction project with a current estimated cost 
     of less than a minor construction threshold.
       Sec. 307.  In section 839b(h)(10)(B) of title 16, United 
     States Code, strike ``$1,000,000'' and insert ``$2,500,000''.
       Sec. 308.  None of the funds made available in this title 
     shall be used for the construction of facilities classified 
     as high-hazard nuclear facilities under 10 CFR Part 830 
     unless independent oversight is conducted by the Office of 
     Health, Safety, and Security to ensure the project is in 
     compliance with nuclear safety requirements.
       Sec. 309.  Of the amounts appropriated in this title, 
     $73,300,000 are hereby rescinded, to reflect savings from the 
     contractor pay freeze instituted by the Department. The 
     Department shall allocate the rescission among the 
     appropriations made in this title.
       Sec. 310.  None of the funds made available in this title 
     may be used to approve critical decision-2 or critical 
     decision-3 under Department of Energy Order 413.3B, or any 
     successive departmental guidance, for construction projects 
     where the total project cost exceeds $100,000,000, until a 
     separate independent cost estimate has been developed for the 
     project for that critical decision.
       Sec. 311.  None of the funds made available in this title 
     may be used to make a grant allocation, discretionary grant 
     award, discretionary contract award, or Other Transaction 
     Agreement, or to issue a letter of intent, totaling in excess 
     of $1,000,000, or to announce publicly the intention to make 
     such an allocation, award, or Agreement, or to issue such a 
     letter, including a contract covered by the Federal 
     Acquisition Regulation, unless the Secretary of Energy 
     notifies the Committees on Appropriations of the Senate and 
     the House of Representatives at least 3 full business days in 
     advance of making such an allocation, award, or Agreement, or 
     issuing such a letter:  Provided, That if the Secretary of 
     Energy determines that compliance with this section would 
     pose a substantial risk to human life, health, or safety, an 
     allocation, award, or Agreement may be made, or a letter may 
     be issued, without advance notification, and the Secretary 
     shall notify the Committees on Appropriations of the Senate 
     and the House of Representatives not later than 5 full 
     business days after the date on which such an allocation, 
     award, or Agreement is made or letter issued:  Provided 
     further, That the notification shall include the recipient of 
     the award, the amount of the award, the fiscal year for which 
     the funds for the award were appropriated, and the account 
     and program from which the funds are being drawn, the title 
     of the award, and a brief description of the activity for 
     which the award is made.
       Sec. 312. (a) Any determination (including a determination 
     made prior to the date of enactment of this Act) by the 
     Secretary pursuant to section 3112(d)(2)(B) of the USEC 
     Privatization Act (110 Stat. 1321-335), as amended, that the 
     sale or transfer of uranium will not have an adverse material 
     impact on the domestic uranium mining, conversion, or 
     enrichment industry shall be valid for not more than 2 
     calendar years subsequent to such determination.
       (b) Not less than 30 days prior to the transfer, sale, 
     barter, distribution, or other provision of uranium in any 
     form for the purpose of accelerating cleanup at a Federal 
     site, the Secretary shall notify the House and Senate 
     Committees on Appropriations of the following:
       (1) the amount of uranium to be transferred, sold, 
     bartered, distributed, or otherwise provided;
       (2) an estimate by the Secretary of the gross market value 
     of the uranium on the expected date of the transfer, sale, 
     barter, distribution, or other provision of the uranium;
       (3) the expected date of transfer, sale, barter, 
     distribution, or other provision of the uranium;
       (4) the recipient of the uranium; and
       (5) the value of the services the Secretary expects to 
     receive in exchange for the uranium, including any reductions 
     to the gross value of the uranium by the recipient.
       (c) Not later than June 30, 2012, the Secretary shall 
     submit to the House and Senate Committees on Appropriations a 
     revised excess uranium inventory management plan for fiscal 
     years 2013 through 2018.
       (d) Not later than December 31, 2011 the Secretary shall 
     submit to the House and Senate Committees on Appropriations a 
     report evaluating the economic feasibility of re-enriching 
     depleted uranium located at Federal sites.
       Sec. 313.  None of the funds made available by this Act may 
     be used to pay the salaries of Department of Energy employees 
     to carry out section 407 of division A of the American 
     Recovery and Reinvestment Act of 2009.
       Sec. 314. (a) The Secretary of Energy may openly compete 
     and issue an award to allow a third party, on a fee-for-
     service basis, to operate and maintain a metering station of 
     the Strategic Petroleum Reserve that is underutilized (as 
     defined in section 102-75.50 of title 41, Code of

[[Page 20316]]

     Federal Regulations (or successor regulations)) and related 
     equipment.
       (b) Not later than 30 days before the issuance of such 
     award, the Secretary of Energy shall certify to the 
     Committees on Appropriations of the House of Representatives 
     and the Senate that the award will not reduce the reliability 
     or accessibility of the Strategic Petroleum Reserve, raise 
     costs of oil in the local market, or negatively impact the 
     supply of oil to current users.
       (c) Funds collected under subsection (a) shall be deposited 
     in the general fund of the Treasury.
       Sec. 315.  None of the funds made available in this Act may 
     be used--
       (1) to implement or enforce section 430.32(x) of title 10, 
     Code of Federal Regulations; or
       (2) to implement or enforce the standards established by 
     the tables contained in section 325(i)(1)(B) of the Energy 
     Policy and Conservation Act (42 U.S.C. 6295(i)(1)(B)) with 
     respect to BPAR incandescent reflector lamps, BR incandescent 
     reflector lamps, and ER incandescent reflector lamps.
       Sec. 316.  Recipients of grants awarded by the Department 
     in excess of $1,000,000 shall certify that they will, by the 
     end of the fiscal year, upgrade the efficiency of their 
     facilities by replacing any lighting that does not meet or 
     exceed the energy efficiency standard for incandescent light 
     bulbs set forth in section 325 of the Energy Policy and 
     Conservation Act (42 U.S.C. 6295).

                                TITLE IV

                          INDEPENDENT AGENCIES

                    Appalachian Regional Commission

       For expenses necessary to carry out the programs authorized 
     by the Appalachian Regional Development Act of 1965, as 
     amended, for necessary expenses for the Federal Co-Chairman 
     and the Alternate on the Appalachian Regional Commission, for 
     payment of the Federal share of the administrative expenses 
     of the Commission, including services as authorized by 5 
     U.S.C. 3109, and hire of passenger motor vehicles, 
     $68,263,000, to remain available until expended.

                Defense Nuclear Facilities Safety Board

                         salaries and expenses

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

                        Delta Regional Authority

                         salaries and expenses

       For necessary expenses of the Delta Regional Authority and 
     to carry out its activities, as authorized by the Delta 
     Regional Authority Act of 2000, as amended, notwithstanding 
     sections 382C(b)(2), 382F(d), 382M, and 382N of said Act, 
     $11,677,000, to remain available until expended.

                           Denali Commission

       For expenses of the Denali Commission including the 
     purchase, construction, and acquisition of plant and capital 
     equipment as necessary and other expenses, $10,679,000, to 
     remain available until expended, notwithstanding the 
     limitations contained in section 306(g) of the Denali 
     Commission Act of 1998:  Provided, That funds shall be 
     available for construction projects in an amount not to 
     exceed 80 percent of total project cost for distressed 
     communities, as defined by section 307 of the Denali 
     Commission Act of 1998 (division C, title III, Public Law 
     105-277), as amended by section 701 of appendix D, title VII, 
     Public Law 106-113 (113 Stat. 1501A-280), and an amount not 
     to exceed 50 percent for non-distressed communities.

                  Northern Border Regional Commission

       For necessary expenses of the Northern Border Regional 
     Commission in carrying out activities authorized by subtitle 
     V of title 40, United States Code, $1,497,000, to remain 
     available until expended:  Provided, That such amounts shall 
     be available for administrative expenses, notwithstanding 
     section 15751(b) of title 40, United States Code.

                 Southeast Crescent Regional Commission

       For necessary expenses of the Southeast Crescent Regional 
     Commission in carrying out activities authorized by subtitle 
     V of title 40, United States Code, $250,000, to remain 
     available until expended.

                     Nuclear Regulatory Commission

                         salaries and expenses

       For necessary expenses of the Commission in carrying out 
     the purposes of the Energy Reorganization Act of 1974, as 
     amended, and the Atomic Energy Act of 1954, as amended, 
     including official representation expenses (not to exceed 
     $25,000), $1,027,240,000, to remain available until expended: 
      Provided, That of the amount appropriated herein, not more 
     than $9,000,000 may be made available for salaries and other 
     support costs for the Office of the Commission:  Provided 
     further, That revenues from licensing fees, inspection 
     services, and other services and collections estimated at 
     $899,726,000 in fiscal year 2012 shall be retained and used 
     for necessary salaries and expenses in this account, 
     notwithstanding 31 U.S.C. 3302, and shall remain available 
     until expended: Provided further, That the sum herein 
     appropriated shall be reduced by the amount of revenues 
     received during fiscal year 2012 so as to result in a final 
     fiscal year 2012 appropriation estimated at not more than 
     $127,514,000:  Provided further, That of the amounts 
     appropriated under this heading, $10,000,000 shall be for 
     university research and development in areas relevant to 
     their respective organization's mission, and $5,000,000 shall 
     be for a Nuclear Science and Engineering Grant Program that 
     will support multiyear projects that do not align with 
     programmatic missions but are critical to maintaining the 
     discipline of nuclear science and engineering.

                      office of inspector general

       For necessary expenses of the Office of Inspector General 
     in carrying out the provisions of the Inspector General Act 
     of 1978, $10,860,000, to remain available until September 30, 
     2013:  Provided, That revenues from licensing fees, 
     inspection services, and other services and collections 
     estimated at $9,774,000 in fiscal year 2012 shall be retained 
     and be available until expended, for necessary salaries and 
     expenses in this account, notwithstanding section 3302 of 
     title 31, United States Code:  Provided further, That the sum 
     herein appropriated shall be reduced by the amount of 
     revenues received during fiscal year 2012 so as to result in 
     a final fiscal year 2012 appropriation estimated at not more 
     than $1,086,000.

                  Nuclear Waste Technical Review Board

                         salaries and expenses

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

Office of the Federal Coordinator for Alaska Natural Gas Transportation 
                                Projects

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

                GENERAL PROVISIONS--INDEPENDENT AGENCIES

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

                                TITLE V

                           GENERAL PROVISIONS

       Sec. 501.  None of the funds appropriated by this Act may 
     be used in any way, directly or indirectly, to influence 
     congressional action on any legislation or appropriation 
     matters pending before Congress, other than to communicate to 
     Members of Congress as described in 18 U.S.C. 1913.
       Sec. 502.  None of the funds made available in this Act may 
     be transferred to any department, agency, or instrumentality 
     of the United States Government, except pursuant to a 
     transfer made by, or transfer authority provided in this Act 
     or any other appropriation Act.
       Sec. 503.  None of the funds made available under this Act 
     may be expended for any new hire by any Federal agency funded 
     in this Act that is not verified through the E-Verify Program 
     as described in section 403(a) of the Illegal Immigration 
     Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 
     1324a note).
       Sec. 504.  None of the funds made available by this Act may 
     be used to enter into a contract, memorandum of 
     understanding, or cooperative agreement with, make a grant 
     to, or provide a loan or loan guarantee to any corporation 
     that was convicted (or had an officer or agent of

[[Page 20317]]

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

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

                                TITLE I

                       DEPARTMENT OF THE TREASURY

                          Departmental Offices

                         salaries and expenses

       For necessary expenses of the Departmental Offices 
     including operation and maintenance of the Treasury Building 
     and Annex; hire of passenger motor vehicles; maintenance, 
     repairs, and improvements of, and purchase of commercial 
     insurance policies for, real properties leased or owned 
     overseas, when necessary for the performance of official 
     business; terrorism and financial intelligence activities; 
     executive direction program activities; international affairs 
     and economic policy activities; domestic finance and tax 
     policy activities; and Treasury-wide management policies and 
     programs activities, $308,388,000:  Provided, That of the 
     amount appropriated under this heading, $100,000,000 is for 
     the Office of Terrorism and Financial Intelligence, of which 
     not to exceed $26,608,000 is available for administrative 
     expenses:  Provided further, That of the amount appropriated 
     under this heading, not to exceed $3,000,000, to remain 
     available until September 30, 2013, is for information 
     technology modernization requirements; not to exceed $350,000 
     is for official reception and representation expenses; and 
     not to exceed $258,000 is for unforeseen emergencies of a 
     confidential nature, to be allocated and expended under the 
     direction of the Secretary of the Treasury and to be 
     accounted for solely on his certificate:  Provided further, 
     That of the amount appropriated under this heading, 
     $6,787,000, to remain available until September 30, 2013, is 
     for the Treasury-wide Financial Statement Audit and Internal 
     Control Program:  Provided further, That of the amount 
     appropriated under this heading, $500,000, to remain 
     available until September 30, 2013, is for secure space 
     requirements:  Provided further, That of the amount 
     appropriated under this heading, up to $3,400,000, to remain 
     available until September 30, 2014, is to develop and 
     implement programs within the Office of Critical 
     Infrastructure Protection and Compliance Policy, including 
     entering into cooperative agreements:  Provided further, That 
     notwithstanding any other provision of law, of the amount 
     appropriated under this heading, up to $1,000,000 may be 
     contributed to the Organization for Economic Cooperation and 
     Development for the Department's participation in programs 
     related to global tax administration.

                      office of inspector general

                         salaries and expenses

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

           treasury inspector general for tax administration

                         salaries and expenses

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

    special inspector general for the troubled asset relief program

                         salaries and expenses

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

                  Financial Crimes Enforcement Network

                         salaries and expenses

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

                        Treasury Forfeiture Fund

                              (rescission)

       Of the unobligated balances available under this heading, 
     $950,000,000 are rescinded.

                      Financial Management Service

                         salaries and expenses

       For necessary expenses of the Financial Management Service, 
     $217,805,000, of which not to exceed $4,210,000 shall remain 
     available until September 30, 2014, for information systems 
     modernization initiatives; and of which not to exceed $2,500 
     shall be available for official reception and representation 
     expenses.

                Alcohol and Tobacco Tax and Trade Bureau

                         salaries and expenses

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

                           United States Mint

               united states mint public enterprise fund

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

                       Bureau of the Public Debt

                     administering the public debt

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

   Community Development Financial Institutions Fund Program Account

       To carry out the Community Development Banking and 
     Financial Institutions Act of 1994 (Public Law 103-325), 
     including services authorized by 5 U.S.C. 3109, but at rates 
     for individuals not to exceed the per diem rate equivalent to 
     the rate for ES-3, notwithstanding section 4707(e) of title 
     12, United States Code with regard to Small and/or Emerging 
     Community Development Financial Institutions Assistance 
     awards, $221,000,000, to remain available until September 30, 
     2013; of which $12,000,000, notwithstanding section 4707(e) 
     of title 12, United States Code, shall be for financial 
     assistance, technical assistance, training and outreach 
     programs, designed to benefit Native American, Native 
     Hawaiian, and Alaskan Native communities and provided 
     primarily through qualified community development lender 
     organizations with experience and expertise in community 
     development banking and lending in Indian country, Native 
     American organizations, tribes and tribal organizations and 
     other suitable providers; of which, notwithstanding section 
     108(d) of such Act, up to $22,000,000 shall be for a Healthy 
     Food Financing Initiative to provide grants and loans to 
     community development financial institutions for the purpose 
     of offering affordable financing and technical assistance to 
     expand the

[[Page 20318]]

     availability of healthy food options in distressed 
     communities; of which $18,000,000 shall be for the Bank 
     Enterprise Awards program; and of which up to $22,965,000 may 
     be used for administrative expenses, including administration 
     of the New Markets Tax Credit; of which up to $10,315,000 may 
     be used for the cost of direct loans; and of which up to 
     $250,000 may be used for administrative expenses to carry out 
     the direct loan program:  Provided, That the cost of direct 
     loans, including the cost of modifying such loans, shall be 
     as defined in section 502 of the Congressional Budget Act of 
     1974:  Provided further, That these funds are available to 
     subsidize gross obligations for the principal amount of 
     direct loans not to exceed $25,000,000:  Provided further, 
     That of the funds awarded under this heading, not less than 
     10 percent shall be used for projects that serve populations 
     living in persistent poverty counties (where such term is 
     defined as any county that has had 20 percent or more of its 
     population living in poverty over the past 30 years, as 
     measured by the 1990, 2000, and 2010 decennial censuses).

                        Internal Revenue Service

                           taxpayer services

       For necessary expenses of the Internal Revenue Service to 
     provide taxpayer services, including pre-filing assistance 
     and education, filing and account services, taxpayer advocacy 
     services, and other services as authorized by 5 U.S.C. 3109, 
     at such rates as may be determined by the Commissioner, 
     $2,239,703,000, of which not less than $5,600,000 shall be 
     for the Tax Counseling for the Elderly Program, of which not 
     less than $9,750,000 shall be available for low-income 
     taxpayer clinic grants, of which not less than $12,000,000, 
     to remain available until September 30, 2013, shall be 
     available for a Community Volunteer Income Tax Assistance 
     matching grants program for tax return preparation 
     assistance, of which not less than $205,000,000 shall be 
     available for operating expenses of the Taxpayer Advocate 
     Service, and of which $15,481,000 shall be for expenses 
     necessary to implement the tax credit in title II of division 
     A of the Trade Act of 2002 (Public Law 107-210).

                              enforcement

       For necessary expenses for tax enforcement activities of 
     the Internal Revenue Service to determine and collect owed 
     taxes, to provide legal and litigation support, to conduct 
     criminal investigations, to enforce criminal statutes related 
     to violations of internal revenue laws and other financial 
     crimes, to purchase (for police-type use, not to exceed 850) 
     and hire passenger motor vehicles (31 U.S.C. 1343(b)), and to 
     provide other services as authorized by 5 U.S.C. 3109, at 
     such rates as may be determined by the Commissioner, 
     $5,299,367,000, of which not less than $60,257,000 shall be 
     for the Interagency Crime and Drug Enforcement program.

                           operations support

       For necessary expenses of the Internal Revenue Service to 
     support taxpayer services and enforcement programs, including 
     rent payments; facilities services; printing; postage; 
     physical security; headquarters and other IRS-wide 
     administration activities; research and statistics of income; 
     telecommunications; information technology development, 
     enhancement, operations, maintenance, and security; the hire 
     of passenger motor vehicles (31 U.S.C. 1343(b)); and other 
     services as authorized by 5 U.S.C. 3109, at such rates as may 
     be determined by the Commissioner; $3,947,416,000, of which 
     up to $250,000,000 shall remain available until September 30, 
     2013, for information technology support; of which up to 
     $65,000,000 shall remain available until expended for 
     acquisition of real property, equipment, construction and 
     renovation of facilities; of which not to exceed $1,000,000 
     shall remain available until September 30, 2014, for 
     research; of which not less than $2,000,000 shall be for the 
     Internal Revenue Service Oversight Board; of which not to 
     exceed $25,000 shall be for official reception and 
     representation expenses:  Provided, That not later than 14 
     days after the end of each quarter of each fiscal year, the 
     Internal Revenue Service shall submit a report to the House 
     and Senate Committees on Appropriations and the Comptroller 
     General of the United States detailing the cost and schedule 
     performance for its major information technology investments, 
     including the purpose and life-cycle stages of the 
     investments; the reasons for any cost and schedule variances; 
     the risks of such investments and strategies the Internal 
     Revenue Service is using to mitigate such risks; and the 
     expected developmental milestones to be achieved and costs to 
     be incurred in the next quarter:  Provided further, That the 
     Internal Revenue Service shall include, in its budget 
     justification for fiscal year 2013, a summary of cost and 
     schedule performance information for its major information 
     technology systems.

                     business systems modernization

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

          administrative provisions--internal revenue service

                     (including transfer of funds)

       Sec. 101.  Not to exceed 5 percent of any appropriation 
     made available in this Act to the Internal Revenue Service or 
     not to exceed 3 percent of appropriations under the heading 
     ``Enforcement'' may be transferred to any other Internal 
     Revenue Service appropriation upon the advance approval of 
     the Committees on Appropriations.
       Sec. 102.  The Internal Revenue Service shall maintain a 
     training program to ensure that Internal Revenue Service 
     employees are trained in taxpayers' rights, in dealing 
     courteously with taxpayers, and in cross-cultural relations.
       Sec. 103.  The Internal Revenue Service shall institute and 
     enforce policies and procedures that will safeguard the 
     confidentiality of taxpayer information and protect taxpayers 
     against identity theft.
       Sec. 104.  Funds made available by this or any other Act to 
     the Internal Revenue Service shall be available for improved 
     facilities and increased staffing to provide sufficient and 
     effective 1-800 help line service for taxpayers. The 
     Commissioner shall continue to make the improvement of the 
     Internal Revenue Service 1-800 help line service a priority 
     and allocate resources necessary to increase phone lines and 
     staff to improve the Internal Revenue Service 1-800 help line 
     service.

         Administrative Provisions--Department of the Treasury

                     (including transfers of funds)

       Sec. 105.  Appropriations to the Department of the Treasury 
     in this Act shall be available for uniforms or allowances 
     therefor, as authorized by law (5 U.S.C. 5901), including 
     maintenance, repairs, and cleaning; purchase of insurance for 
     official motor vehicles operated in foreign countries; 
     purchase of motor vehicles without regard to the general 
     purchase price limitations for vehicles purchased and used 
     overseas for the current fiscal year; entering into contracts 
     with the Department of State for the furnishing of health and 
     medical services to employees and their dependents serving in 
     foreign countries; and services authorized by 5 U.S.C. 3109.
       Sec. 106.  Not to exceed 2 percent of any appropriations in 
     this Act made available to the Departmental Offices--Salaries 
     and Expenses, Office of Inspector General, Special Inspector 
     General for the Troubled Asset Relief Program, Financial 
     Management Service, Alcohol and Tobacco Tax and Trade Bureau, 
     Financial Crimes Enforcement Network, and Bureau of the 
     Public Debt, may be transferred between such appropriations 
     upon the advance approval of the Committees on 
     Appropriations:  Provided, That no transfer may increase or 
     decrease any such appropriation by more than 2 percent.
       Sec. 107.  Not to exceed 2 percent of any appropriation 
     made available in this Act to the Internal Revenue Service 
     may be transferred to the Treasury Inspector General for Tax 
     Administration's appropriation upon the advance approval of 
     the Committees on Appropriations:  Provided, That no transfer 
     may increase or decrease any such appropriation by more than 
     2 percent.
       Sec. 108.  Of the funds available for the purchase of law 
     enforcement vehicles, no funds may be obligated until the 
     Secretary of the Treasury certifies that the purchase by the 
     respective Treasury bureau is consistent with departmental 
     vehicle management principles:  Provided, That the Secretary 
     may delegate this authority to the Assistant Secretary for 
     Management.
       Sec. 109.  None of the funds appropriated in this Act or 
     otherwise available to the Department of the Treasury or the 
     Bureau of Engraving and Printing may be used to redesign the 
     $1 Federal Reserve note.
       Sec. 110.  The Secretary of the Treasury may transfer funds 
     from Financial Management Service, Salaries and Expenses to 
     the Debt Collection Fund as necessary to cover the costs of 
     debt collection:  Provided, That such amounts shall be 
     reimbursed to such salaries and expenses account from debt 
     collections received in the Debt Collection Fund.
       Sec. 111.  Section 122(g)(1) of Public Law 105-119 (5 
     U.S.C. 3104 note), is further amended by striking ``12 
     years'' and inserting ``14 years''.
       Sec. 112.  None of the funds appropriated or otherwise made 
     available by this or any other Act may be used by the United 
     States Mint to construct or operate any museum without the 
     explicit approval of the Committees on Appropriations of the 
     House of Representatives and the Senate, the House Committee 
     on Financial Services, and the Senate Committee on Banking, 
     Housing and Urban Affairs.
       Sec. 113.  None of the funds appropriated or otherwise made 
     available by this or any other Act or source to the 
     Department of the Treasury, the Bureau of Engraving and 
     Printing, and the United States Mint, individually or 
     collectively, may be used to consolidate any or all functions 
     of the Bureau of Engraving and Printing and the United States 
     Mint without the explicit approval of the House Committee on 
     Financial Services; the Senate Committee on Banking, Housing, 
     and Urban Affairs; and the

[[Page 20319]]

     Committees on Appropriations of the House of Representatives 
     and the Senate.
       Sec. 114.  Funds appropriated by this Act, or made 
     available by the transfer of funds in this Act, for the 
     Department of the Treasury's intelligence or intelligence 
     related activities are deemed to be specifically authorized 
     by the Congress for purposes of section 504 of the National 
     Security Act of 1947 (50 U.S.C. 414) during fiscal year 2012 
     until the enactment of the Intelligence Authorization Act for 
     Fiscal Year 2012.
       Sec. 115.  Not to exceed $5,000 shall be made available 
     from the Bureau of Engraving and Printing's Industrial 
     Revolving Fund for necessary official reception and 
     representation expenses.
       Sec. 116.  Section 5114(c) of title 31, United States Code 
     (relating to engraving and printing currency and security 
     documents), is amended by striking ``for a period of not more 
     than 4 years''.
       Sec. 117.  In the current fiscal year and each fiscal year 
     hereafter, any person who forwards to the Bureau of Engraving 
     and Printing a mutilated paper currency claim equal to or 
     exceeding $10,000 for redemption will be required to provide 
     the Bureau their taxpayer identification number.
       Sec. 118.  Section 5318(g)(2)(A) of title 31, United States 
     Code, is amended--
       (1) by striking clause (i) and inserting the following:
       ``(i) neither the financial institution, director, officer, 
     employee, or agent of such institution (whether or not any 
     such person is still employed by the institution), nor any 
     other current or former director, officer, or employee of, or 
     contractor for, the financial institution or other reporting 
     person, may notify any person involved in the transaction 
     that the transaction has been reported; and''; and
       (2) in clause (ii)--
       (A) by striking ``no officer or employee of'' and inserting 
     ``no current or former officer or employee of or contractor 
     for''; and
       (B) by inserting ``or for'' before ``any State''.
       Sec. 119.  Section 5319 of title 31, United States Code 
     (relating to availability of reports), is amended by 
     inserting after ``title 5'' the following: ``, and may not be 
     disclosed under any State, local, tribal, or territorial 
     `freedom of information', `open government', or similar 
     law''.
       Sec. 120.  Section 5331(a) of title 31, United States Code, 
     is amended--
       (1) by striking paragraph (1) and inserting the following:
       ``(1)(A) who is engaged in a trade or business, and'';
       (2) by redesignating paragraph (2) as subparagraph (B);
       (3) in subparagraph (B), as so redesignated, by adding 
     ``or'' at the end; and
       (4) by inserting after subparagraph (B), as so 
     redesignated, the following new paragraph:
       ``(2) who is required to file a report under section 
     6050I(g) of the Internal Revenue Code of 1986,''.
       Sec. 121.  The Secretary of the Treasury shall submit a 
     Capital Investment Plan to the Committees on Appropriations 
     of the Senate and the House of Representatives not later than 
     30 days following the submission of the annual budget for the 
     Administration submitted by the President:  Provided, That 
     such Capital Investment Plan shall include capital investment 
     spending from all accounts within the Department of the 
     Treasury, including but not limited to the Department-wide 
     Systems and Capital Investment Programs account, the Working 
     Capital Fund account, and the Treasury Forfeiture Fund 
     account:  Provided further, That such Capital Investment Plan 
     shall include expenditures occurring in previous fiscal years 
     for each capital investment project that has not been fully 
     completed.
        This title may be cited as the ``Department of the 
     Treasury Appropriations Act, 2012''.

                                TITLE II

    EXECUTIVE OFFICE OF THE PRESIDENT AND FUNDS APPROPRIATED TO THE 
                               PRESIDENT

                     Compensation of the President

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

                            The White House

                         salaries and expenses

       For necessary expenses for the White House as authorized by 
     law, including not to exceed $3,850,000 for services as 
     authorized by 5 U.S.C. 3109 and 3 U.S.C. 105; subsistence 
     expenses as authorized by 3 U.S.C. 105, which shall be 
     expended and accounted for as provided in that section; hire 
     of passenger motor vehicles, newspapers, periodicals, and 
     travel (not to exceed $100,000 to be expended and accounted 
     for as provided by 3 U.S.C. 103); and not to exceed $19,000 
     for official entertainment expenses, to be available for 
     allocation within the Executive Office of the President; and 
     for necessary expenses of the Office of Policy Development, 
     including services as authorized by 5 U.S.C. 3109 and 3 
     U.S.C. 107, $56,974,000.

                 Executive Residence at the White House

                           operating expenses

       For the care, maintenance, repair and alteration, 
     refurnishing, improvement, heating, and lighting, including 
     electric power and fixtures, of the Executive Residence at 
     the White House and official entertainment expenses of the 
     President, $13,425,000, to be expended and accounted for as 
     provided by 3 U.S.C. 105, 109, 110, and 112-114.

                         reimbursable expenses

       For the reimbursable expenses of the Executive Residence at 
     the White House, such sums as may be necessary:  Provided, 
     That all reimbursable operating expenses of the Executive 
     Residence shall be made in accordance with the provisions of 
     this paragraph:  Provided further, That, notwithstanding any 
     other provision of law, such amount for reimbursable 
     operating expenses shall be the exclusive authority of the 
     Executive Residence to incur obligations and to receive 
     offsetting collections, for such expenses:  Provided further, 
     That the Executive Residence shall require each person 
     sponsoring a reimbursable political event to pay in advance 
     an amount equal to the estimated cost of the event, and all 
     such advance payments shall be credited to this account and 
     remain available until expended:  Provided further, That the 
     Executive Residence shall require the national committee of 
     the political party of the President to maintain on deposit 
     $25,000, to be separately accounted for and available for 
     expenses relating to reimbursable political events sponsored 
     by such committee during such fiscal year:  Provided further, 
     That the Executive Residence shall ensure that a written 
     notice of any amount owed for a reimbursable operating 
     expense under this paragraph is submitted to the person owing 
     such amount within 60 days after such expense is incurred, 
     and that such amount is collected within 30 days after the 
     submission of such notice:  Provided further, That the 
     Executive Residence shall charge interest and assess 
     penalties and other charges on any such amount that is not 
     reimbursed within such 30 days, in accordance with the 
     interest and penalty provisions applicable to an outstanding 
     debt on a United States Government claim under 31 U.S.C. 
     3717:  Provided further, That each such amount that is 
     reimbursed, and any accompanying interest and charges, shall 
     be deposited in the Treasury as miscellaneous receipts:  
     Provided further, That the Executive Residence shall prepare 
     and submit to the Committees on Appropriations, by not later 
     than 90 days after the end of the fiscal year covered by this 
     Act, a report setting forth the reimbursable operating 
     expenses of the Executive Residence during the preceding 
     fiscal year, including the total amount of such expenses, the 
     amount of such total that consists of reimbursable official 
     and ceremonial events, the amount of such total that consists 
     of reimbursable political events, and the portion of each 
     such amount that has been reimbursed as of the date of the 
     report:  Provided further, That the Executive Residence shall 
     maintain a system for the tracking of expenses related to 
     reimbursable events within the Executive Residence that 
     includes a standard for the classification of any such 
     expense as political or nonpolitical:  Provided further, That 
     no provision of this paragraph may be construed to exempt the 
     Executive Residence from any other applicable requirement of 
     subchapter I or II of chapter 37 of title 31, United States 
     Code.

                   White House Repair and Restoration

       For the repair, alteration, and improvement of the 
     Executive Residence at the White House, $750,000, to remain 
     available until expended, for required maintenance, 
     resolution of safety and health issues, and continued 
     preventative maintenance.

                      Council of Economic Advisers

                         salaries and expenses

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

        National Security Council and Homeland Security Council

                         salaries and expenses

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

                        Office of Administration

                         salaries and expenses

       For necessary expenses of the Office of Administration, 
     including services as authorized by 5 U.S.C. 3109 and 3 
     U.S.C. 107, and hire of passenger motor vehicles, 
     $112,952,000, of which $10,403,000 shall remain available 
     until expended for continued modernization of the information 
     technology infrastructure within the Executive Office of the 
     President.

                    Office of Management and Budget

                         salaries and expenses

       For necessary expenses of the Office of Management and 
     Budget, including hire of passenger motor vehicles and 
     services as authorized by 5 U.S.C. 3109 and to carry out the 
     provisions of chapter 35 of title 44, United States Code, 
     $89,456,000, of which not to exceed $3,000 shall be available 
     for official representation expenses:  Provided, That none of 
     the funds appropriated in this Act for the Office of 
     Management and Budget may be used for the purpose of 
     reviewing any agricultural marketing orders or any activities 
     or regulations under the provisions of the Agricultural 
     Marketing Agreement Act of 1937 (7 U.S.C. 601 et seq.):  
     Provided further, That none of the funds made available for 
     the Office of Management and Budget by this Act may be 
     expended for the altering of the transcript of actual 
     testimony of witnesses, except for testimony of officials of 
     the Office of Management and Budget, before the Committees on 
     Appropriations or their subcommittees:  Provided

[[Page 20320]]

     further, That none of the funds provided in this or prior 
     Acts shall be used, directly or indirectly, by the Office of 
     Management and Budget, for evaluating or determining if water 
     resource project or study reports submitted by the Chief of 
     Engineers acting through the Secretary of the Army are in 
     compliance with all applicable laws, regulations, and 
     requirements relevant to the Civil Works water resource 
     planning process:  Provided further, That the Office of 
     Management and Budget shall have not more than 60 days in 
     which to perform budgetary policy reviews of water resource 
     matters on which the Chief of Engineers has reported:  
     Provided further, That the Director of the Office of 
     Management and Budget shall notify the appropriate 
     authorizing and appropriating committees when the 60-day 
     review is initiated:  Provided further, That if water 
     resource reports have not been transmitted to the appropriate 
     authorizing and appropriating committees within 15 days after 
     the end of the Office of Management and Budget review period 
     based on the notification from the Director, Congress shall 
     assume Office of Management and Budget concurrence with the 
     report and act accordingly.

                 Office of National Drug Control Policy

                         salaries and expenses

       For necessary expenses of the Office of National Drug 
     Control Policy; for research activities pursuant to the 
     Office of National Drug Control Policy Reauthorization Act of 
     2006 (Public Law 109-469); not to exceed $10,000 for official 
     reception and representation expenses; and for participation 
     in joint projects or in the provision of services on matters 
     of mutual interest with nonprofit, research, or public 
     organizations or agencies, with or without reimbursement, 
     $24,500,000:  Provided, That the Office is authorized to 
     accept, hold, administer, and utilize gifts, both real and 
     personal, public and private, without fiscal year limitation, 
     for the purpose of aiding or facilitating the work of the 
     Office.

                     federal drug control programs

             high intensity drug trafficking areas program

                     (including transfers of funds)

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

                  other federal drug control programs

                     (including transfers of funds)

       For other drug control activities authorized by the Office 
     of National Drug Control Policy Reauthorization Act of 2006 
     (Public Law 109-469), $105,550,000, to remain available until 
     expended, which shall be available as follows: $92,000,000 
     for the Drug-Free Communities Program, of which $2,000,000 
     shall be made available as directed by section 4 of Public 
     Law 107-82, as amended by Public Law 109-469 (21 U.S.C. 1521 
     note); $1,400,000 for drug court training and technical 
     assistance; $9,000,000 for anti-doping activities; $1,900,000 
     for the United States membership dues to the World Anti-
     Doping Agency; and $1,250,000 shall be made available as 
     directed by section 1105 of Public Law 109-469.

   Integrated, Efficient and Effective Uses of Information Technology

                     (including transfer of funds)

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

                          Unanticipated Needs

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

                  Special Assistance to the President

                         salaries and expenses

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

                Official Residence of the Vice President

                           operating expenses

                     (including transfer of funds)

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

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

             (including transfers of funds and rescissions)

       Sec. 201.  From funds made available in this Act under the 
     headings ``The White House'', ``Executive Residence at the 
     White House'', ``White House Repair and Restoration'', 
     ``Council of Economic Advisers'', ``National Security Council 
     and Homeland Security Council'', ``Office of 
     Administration'', ``Special Assistance to the President'', 
     and ``Official Residence of the Vice President'', the 
     Director of the Office of Management and Budget (or such 
     other officer as the President may designate in writing), 
     may, 15 days after giving notice to the Committees on 
     Appropriations of the House of Representatives and the 
     Senate, transfer not to exceed 10 percent of any such 
     appropriation to any other such appropriation, to be merged 
     with and available for the same time and for the same 
     purposes as the appropriation to which transferred:  
     Provided, That the amount of an appropriation shall not be 
     increased by more than 50 percent by such transfers:  
     Provided further, That no amount shall be transferred from 
     ``Special Assistance to the President'' or ``Official 
     Residence of the Vice President'' without the approval of the 
     Vice President.
       Sec. 202.  The Director of the Office of Management and 
     Budget shall submit to the Committees on Appropriations of 
     the House and the Senate a report on the implementation of 
     Executive Order 13563 (76 Fed. Reg. 3821; relating to 
     Improving Regulation and Regulatory Review) by April 2, 2012. 
     The report shall include information on--
        (a) increasing public participation in the rulemaking 
     process and reducing uncertainty;
       (b) improving coordination across Federal agencies to 
     eliminate redundant, inconsistent, and overlapping 
     regulations; and
       (c) identifying existing regulations that have been 
     reviewed and determined to be outmoded, ineffective, or 
     excessively burdensome.
       Sec. 203.  Within 120 days after the date of enactment of 
     this section, the Director of the Office of Management and 
     Budget shall submit a report to the Committees on 
     Appropriations of the House and the Senate on the costs of 
     implementing the Dodd-Frank Wall Street Reform and Consumer 
     Protection Act (Public Law 111-203). Such report shall 
     include--
       (1) the estimated mandatory and discretionary obligations 
     of funds through fiscal year 2014, by Federal agency and by 
     fiscal year, including--
       (A) the estimated obligations by cost inputs such as rent, 
     information technology, contracts, and personnel;
       (B) the methodology and data sources used to calculate such 
     estimated obligations; and
       (C) the specific section of such Act that requires the 
     obligation of funds; and
       (2) the estimated receipts through fiscal year 2014 from 
     assessments, user fees, and other fees by the Federal agency 
     making the collections, by fiscal year, including--
       (A) the methodology and data sources used to calculate such 
     estimated collections; and
       (B) the specific section of such Act that authorizes the 
     collection of funds.
       Sec. 204.  The Director of the Office of National Drug 
     Control Policy shall submit to the Committees on 
     Appropriations of the House of Representatives and the Senate 
     not later than 60 days after the date of enactment of this 
     Act, and prior to the initial obligation of more than 20 
     percent of the funds appropriated in any account under the 
     heading ``Office of National Drug Control Policy'', a 
     detailed narrative and financial plan on the proposed uses of 
     all funds under the account by program, project, and 
     activity:  Provided, That the reports required by

[[Page 20321]]

     this section shall be updated and submitted to the Committees 
     on Appropriations every 6 months and shall include 
     information detailing how the estimates and assumptions 
     contained in previous reports have changed:  Provided 
     further, That any new projects and changes in funding of 
     ongoing projects shall be subject to the prior approval of 
     the Committees on Appropriations.
       Sec. 205.  Not to exceed 2 percent of any appropriations in 
     this Act made available to the Office of National Drug 
     Control Policy may be transferred between appropriated 
     programs upon the advance approval of the Committees on 
     Appropriations:  Provided, That no transfer may increase or 
     decrease any such appropriation by more than 3 percent.
       Sec. 206.  Not to exceed $1,000,000 of any appropriations 
     in this Act made available to the Office of National Drug 
     Control Policy may be reprogrammed within a program, project, 
     or activity upon the advance approval of the Committees on 
     Appropriations.
       Sec. 207.  From the unobligated balances of prior year 
     appropriations made available for the Counterdrug Technology 
     Assessment Center, $5,244,639 are rescinded.
       Sec. 208.  From the unobligated balances of prior year 
     appropriations made available for Other Federal Drug Control 
     Programs, $359,958 for a chronic users study and $5,723,403 
     for the National Anti-Drug Youth Media Campaign are 
     rescinded.
       Sec. 209.  Of the unobligated balances available under the 
     heading ``Executive Office of the President and Funds 
     Appropriated to the President--Partnership Fund for Program 
     Integrity Innovation'' in title II of division C of the 
     Consolidated Appropriations Act, 2010 (Public Law 111-117), 
     $10,000,000 are rescinded. In addition to the amounts made 
     available under such heading in this Act, $10,000,000 are 
     appropriated, to remain available until September 30, 2013.
        This title may be cited as the ``Executive Office of the 
     President Appropriations Act, 2012''.

                               TITLE III

                             THE JUDICIARY

                   Supreme Court of the United States

                         salaries and expenses

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

                    care of the building and grounds

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

         United States Court of Appeals for the Federal Circuit

                         salaries and expenses

       For salaries of the chief judge, judges, and other officers 
     and employees, and for necessary expenses of the court, as 
     authorized by law, $32,511,000.

               United States Court of International Trade

                         salaries and expenses

       For salaries of the chief judge and eight judges, salaries 
     of the officers and employees of the court, services, and 
     necessary expenses of the court, as authorized by law, 
     $21,447,000.

    Courts of Appeals, District Courts, and Other Judicial Services

                         salaries and expenses

       For the salaries of circuit and district judges (including 
     judges of the territorial courts of the United States), 
     justices and judges retired from office or from regular 
     active service, judges of the United States Court of Federal 
     Claims, bankruptcy judges, magistrate judges, and all other 
     officers and employees of the Federal Judiciary not otherwise 
     specifically provided for, necessary expenses of the courts, 
     and the purchase, rental, repair, and cleaning of uniforms 
     for Probation and Pretrial Services Office staff, as 
     authorized by law, $5,015,000,000 (including the purchase of 
     firearms and ammunition); of which not to exceed $27,817,000 
     shall remain available until expended for space alteration 
     projects and for furniture and furnishings related to new 
     space alteration and construction projects.
       In addition, for expenses of the United States Court of 
     Federal Claims associated with processing cases under the 
     National Childhood Vaccine Injury Act of 1986 (Public Law 99-
     660), not to exceed $5,000,000, to be appropriated from the 
     Vaccine Injury Compensation Trust Fund.

                           defender services

       For the operation of Federal Defender organizations; the 
     compensation and reimbursement of expenses of attorneys 
     appointed to represent persons under 18 U.S.C. 3006A and 
     3599, and for the compensation and reimbursement of expenses 
     of persons furnishing investigative, expert, and other 
     services for such representations as authorized by law; the 
     compensation (in accordance with the maximums under 18 U.S.C. 
     3006A) and reimbursement of expenses of attorneys appointed 
     to assist the court in criminal cases where the defendant has 
     waived representation by counsel; the compensation and 
     reimbursement of expenses of attorneys appointed to represent 
     jurors in civil actions for the protection of their 
     employment, as authorized by 28 U.S.C. 1875(d)(1); the 
     compensation and reimbursement of expenses of attorneys 
     appointed under 18 U.S.C. 983(b)(1) in connection with 
     certain judicial civil forfeiture proceedings; the 
     compensation and reimbursement of travel expenses of 
     guardians ad litem appointed under 18 U.S.C. 4100(b); and for 
     necessary training and general administrative expenses, 
     $1,031,000,000, to remain available until expended.

                    fees of jurors and commissioners

       For fees and expenses of jurors as authorized by 28 U.S.C. 
     1871 and 1876; compensation of jury commissioners as 
     authorized by 28 U.S.C. 1863; and compensation of 
     commissioners appointed in condemnation cases pursuant to 
     rule 71.1(h) of the Federal Rules of Civil Procedure (28 
     U.S.C. Appendix Rule 71.1(h)), $51,908,000, to remain 
     available until expended:  Provided, That the compensation of 
     land commissioners shall not exceed the daily equivalent of 
     the highest rate payable under 5 U.S.C. 5332.

                             court security

                     (including transfers of funds)

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

           Administrative Office of the United States Courts

                         salaries and expenses

       For necessary expenses of the Administrative Office of the 
     United States Courts as authorized by law, including travel 
     as authorized by 31 U.S.C. 1345, hire of a passenger motor 
     vehicle as authorized by 31 U.S.C. 1343(b), advertising and 
     rent in the District of Columbia and elsewhere, $82,909,000, 
     of which not to exceed $8,500 is authorized for official 
     reception and representation expenses.

                        Federal Judicial Center

                         salaries and expenses

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

                       Judicial Retirement Funds

                    payment to judiciary trust funds

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

                  United States Sentencing Commission

                         salaries and expenses

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

                Administrative Provisions--The Judiciary

                     (including transfer of funds)

       Sec. 301.  Appropriations and authorizations made in this 
     title which are available for salaries and expenses shall be 
     available for services as authorized by 5 U.S.C. 3109.
       Sec. 302.  Not to exceed 5 percent of any appropriation 
     made available for the current fiscal year for the Judiciary 
     in this Act may be transferred between such appropriations, 
     but no such appropriation, except ``Courts of Appeals, 
     District Courts, and Other Judicial Services, Defender 
     Services'' and ``Courts of Appeals, District Courts, and 
     Other Judicial Services, Fees of Jurors and Commissioners'', 
     shall be increased by more than 10 percent by any such 
     transfers:  Provided, That any transfer pursuant to this 
     section shall be treated as a reprogramming of funds under 
     sections 604 and 608 of this Act and shall not be available 
     for obligation or expenditure except in compliance with the 
     procedures set forth in section 608.
       Sec. 303.  Notwithstanding any other provision of law, the 
     salaries and expenses appropriation for ``Courts of Appeals, 
     District Courts, and Other Judicial Services'' shall be 
     available for official reception and representation expenses 
     of the Judicial Conference of the United States:  Provided, 
     That such available funds shall not exceed $11,000 and shall 
     be administered by the Director of the Administrative Office 
     of the United States Courts in the capacity as Secretary of 
     the Judicial Conference.

[[Page 20322]]

       Sec. 304.  Section 3314(a) of title 40, United States Code, 
     shall be applied by substituting ``Federal'' for 
     ``executive'' each place it appears.
       Sec. 305.  In accordance with 28 U.S.C. 561-569, and 
     notwithstanding any other provision of law, the United States 
     Marshals Service shall provide, for such courthouses as its 
     Director may designate in consultation with the Director of 
     the Administrative Office of the United States Courts, for 
     purposes of a pilot program, the security services that 40 
     U.S.C. 1315 authorizes the Department of Homeland Security to 
     provide, except for the services specified in 40 U.S.C. 
     1315(b)(2)(E). For building-specific security services at 
     these courthouses, the Director of the Administrative Office 
     of the United States Courts shall reimburse the United States 
     Marshals Service rather than the Department of Homeland 
     Security.
       Sec. 306.  Section 203(c) of the Judicial Improvements Act 
     of 1990 (Public Law 101-650; 28 U.S.C. 133 note), is 
     amended--
       (1) in the third sentence (relating to the District of 
     Kansas), by striking ``20 years'' and inserting ``21 years''; 
     and
       (2) in the seventh sentence (related to the District of 
     Hawaii), by striking ``17 years'' and inserting ``18 years''.
       This title may be cited as the ``Judiciary Appropriations 
     Act, 2012''.

                                TITLE IV

                          DISTRICT OF COLUMBIA

                             Federal Funds

              federal payment for resident tuition support

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

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

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

           federal payment to the district of columbia courts

       For salaries and expenses for the District of Columbia 
     Courts, $232,841,000 to be allocated as follows: for the 
     District of Columbia Court of Appeals, $12,830,000, of which 
     not to exceed $2,500 is for official reception and 
     representation expenses; for the District of Columbia 
     Superior Court, $114,209,000, of which not to exceed $2,500 
     is for official reception and representation expenses; for 
     the District of Columbia Court System, $66,712,000, of which 
     not to exceed $2,500 is for official reception and 
     representation expenses; and $39,090,000, to remain available 
     until September 30, 2013, for capital improvements for 
     District of Columbia courthouse facilities:  Provided, That 
     funds made available for capital improvements shall be 
     expended consistent with the District of Columbia Courts 
     master plan study and building evaluation report:  Provided 
     further, That notwithstanding any other provision of law, all 
     amounts under this heading shall be apportioned quarterly by 
     the Office of Management and Budget and obligated and 
     expended in the same manner as funds appropriated for 
     salaries and expenses of other Federal agencies:  Provided 
     further, That 30 days after providing written notice to the 
     Committees on Appropriations of the House of Representatives 
     and the Senate, the District of Columbia Courts may 
     reallocate not more than $3,000,000 of the funds provided 
     under this heading among the items and entities funded under 
     this heading but no such allocation shall be increased by 
     more than 10 percent.

  federal payment for defender services in district of columbia courts

                     (including transfer of funds)

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

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

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

  federal payment to the district of columbia public defender service

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

 federal payment to the district of columbia water and sewer authority

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

      federal payment to the criminal justice coordinating council

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

[[Page 20323]]



                federal payment for judicial commissions

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

                 federal payment for school improvement

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

      federal payment for the district of columbia national guard

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

         federal payment for testing and treatment of hiv/aids

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

                       District of Columbia Funds

       The following amounts are appropriated for the District of 
     Columbia for the current fiscal year out of the General Fund 
     of the District of Columbia (``General Fund''), except as 
     otherwise specifically provided:  Provided, That 
     notwithstanding any other provision of law, except as 
     provided in section 450A of the District of Columbia Home 
     Rule Act, (114 Stat. 2440; D.C. Official Code, section 1-
     204.50a) and provisions of this Act, the total amount 
     appropriated in this Act for operating expenses for the 
     District of Columbia for fiscal year 2012 under this heading 
     shall not exceed the lesser of the sum of the total revenues 
     of the District of Columbia for such fiscal year or 
     $10,916,966,000 (of which $6,208,646,000 shall be from local 
     funds, (including $526,594,000 from dedicated taxes), 
     $1,015,449,000 shall be from Federal grant funds, 
     $1,499,115,000 from Medicaid payments, $2,040,504,000 shall 
     be from other funds, and $25,677,000 shall be from private 
     funds, and $127,575,000 shall be from funds previously 
     appropriated in this Act as Federal payments:  Provided 
     further, That of the local funds, such amounts as may be 
     necessary may be derived from the District's General Fund 
     balance:  Provided further, That of these funds the 
     District's intra-District authority shall be $619,632,000: in 
     addition, for capital construction projects, an increase of 
     $4,007,501,000, of which $2,934,011,000 shall be from local 
     funds, $223,858,000 from the District of Columbia Highway 
     Trust Fund, $33,140,000 from the Local Transportation Fund, 
     $816,492,000 from Federal grant funds, and a rescission of 
     $2,849,882,000 of which $1,796,345,000 shall be from local 
     funds, $749,426,000 from Federal grant funds, $252,694,000 
     from the District of Columbia Highway Trust Fund, and 
     $51,416,000 from the Local Transportation Fund appropriated 
     under this heading in prior fiscal years, for a net amount of 
     $1,157,619,000, to remain available until expended:  Provided 
     further, That the amounts provided under this heading are to 
     be available, allocated, and expended as proposed under title 
     III of the Fiscal Year 2012 Budget Request Act of 2011, at 
     the rate set forth under ``District of Columbia Funds 
     Division of Expenses'' as included in the Fiscal Year 2012 
     Proposed Budget and Financial Plan submitted to the Congress 
     by the District of Columbia:  Provided further, That this 
     amount may be increased by proceeds of one-time transactions, 
     which are expended for emergency or unanticipated operating 
     or capital needs:  Provided further, That such increases 
     shall be approved by enactment of local District law and 
     shall comply with all reserve requirements contained in the 
     District of Columbia Home Rule Act:  Provided further, That 
     the Chief Financial Officer of the District of Columbia shall 
     take such steps as are necessary to assure that the District 
     of Columbia meets these requirements, including the 
     apportioning by the Chief Financial Officer of the 
     appropriations and funds made available to the District 
     during fiscal year 2012, except that the Chief Financial 
     Officer may not reprogram for operating expenses any funds 
     derived from bonds, notes, or other obligations issued for 
     capital projects.
        This title may be cited as the ``District of Columbia 
     Appropriations Act, 2012''.

                                TITLE V

                          INDEPENDENT AGENCIES

             Administrative Conference of the United States

                         salaries and expenses

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

               Christopher Columbus Fellowship Foundation

                         salaries and expenses

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

                   Consumer Product Safety Commission

                         salaries and expenses

       For necessary expenses of the Consumer Product Safety 
     Commission, including hire of passenger motor vehicles, 
     services as authorized by 5 U.S.C. 3109, but at rates for 
     individuals not to exceed the per diem rate equivalent to the 
     maximum rate payable under 5 U.S.C. 5376, purchase of nominal 
     awards to recognize non-Federal officials' contributions to 
     Commission activities, and not to exceed $4,000 for official 
     reception and representation expenses, $114,500,000, of which 
     $500,000 shall remain available until September 30, 2013, to 
     implement the Virginia Graeme Baker Pool and Spa Safety Act 
     grant program as provided by section 1405 of Public Law 100-
     140 (15 U.S.C. 8004).

     administrative provisions--consumer product safety commission

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

                     Election Assistance Commission

                         salaries and expenses

                     (including transfer of funds)

       For necessary expenses to carry out the Help America Vote 
     Act of 2002 (Public Law 107-252), $11,500,000, of which 
     $2,750,000 shall be transferred to the National Institute of 
     Standards and Technology for election reform activities 
     authorized under the Help America Vote Act of 2002, and of 
     which $1,250,000 shall be for the Office of Inspector 
     General.

                   Federal Communications Commission

                         salaries and expenses

       For necessary expenses of the Federal Communications 
     Commission, as authorized by law, including uniforms and 
     allowances therefor, as authorized by 5 U.S.C. 5901-5902; not 
     to exceed $4,000 for official reception and representation 
     expenses; purchase and hire of motor vehicles; special 
     counsel fees; and services as authorized by 5 U.S.C. 3109, 
     $339,844,000:  Provided, That $339,844,000 of offsetting 
     collections shall be assessed and collected pursuant to 
     section 9 of title I of the Communications Act of 1934, shall 
     be retained and used for necessary expenses in this 
     appropriation, and shall remain available until expended:  
     Provided further, That the sum herein appropriated shall be 
     reduced as such offsetting collections are received during 
     fiscal year 2012 so as to result in a final fiscal year 2012 
     appropriation estimated at $0:  Provided further, That any 
     offsetting collections received in excess of $339,844,000 in 
     fiscal year 2012 shall not be available for obligation:  
     Provided further, That remaining offsetting collections from 
     prior years collected in excess of the amount specified for 
     collection in each such year and otherwise becoming available 
     on October 1, 2011, shall not be available for obligation:  
     Provided further, That notwithstanding 47 U.S.C. 
     309(j)(8)(B), proceeds from the use of a competitive bidding 
     system that may be retained and made available for obligation 
     shall not exceed $85,000,000 for fiscal year 2012:  Provided 
     further, That of the amount appropriated under this heading, 
     not less than $9,750,000 shall be for the salaries and 
     expenses of the Office of Inspector General.

      administrative provisions--federal communications commission

       Sec. 510.  Section 302 of the Universal Service 
     Antideficiency Temporary Suspension Act is amended by 
     striking ``December 31, 2011'', each place it appears and 
     inserting ``December 31, 2013''.

[[Page 20324]]

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

                 Federal Deposit Insurance Corporation

                    office of the inspector general

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

                      Federal Election Commission

                         salaries and expenses

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

                   Federal Labor Relations Authority

                         salaries and expenses

       For necessary expenses to carry out functions of the 
     Federal Labor Relations Authority, pursuant to Reorganization 
     Plan Numbered 2 of 1978, and the Civil Service Reform Act of 
     1978, including services authorized by 5 U.S.C. 3109, and 
     including hire of experts and consultants, hire of passenger 
     motor vehicles, and including official reception and 
     representation expenses (not to exceed $1,500) and rental of 
     conference rooms in the District of Columbia and elsewhere, 
     $24,723,000:  Provided, That public members of the Federal 
     Service Impasses Panel may be paid travel expenses and per 
     diem in lieu of subsistence as authorized by law (5 U.S.C. 
     5703) for persons employed intermittently in the Government 
     service, and compensation as authorized by 5 U.S.C. 3109:  
     Provided further, That notwithstanding 31 U.S.C. 3302, funds 
     received from fees charged to non-Federal participants at 
     labor-management relations conferences shall be credited to 
     and merged with this account, to be available without further 
     appropriation for the costs of carrying out these 
     conferences.

                        Federal Trade Commission

                         salaries and expenses

       For necessary expenses of the Federal Trade Commission, 
     including uniforms or allowances therefor, as authorized by 5 
     U.S.C. 5901-5902; services as authorized by 5 U.S.C. 3109; 
     hire of passenger motor vehicles; and not to exceed $2,000 
     for official reception and representation expenses, 
     $311,563,000, to remain available until expended:  Provided, 
     That not to exceed $300,000 shall be available for use to 
     contract with a person or persons for collection services in 
     accordance with the terms of 31 U.S.C. 3718:  Provided 
     further, That, notwithstanding any other provision of law, 
     not to exceed $108,000,000 of offsetting collections derived 
     from fees collected for premerger notification filings under 
     the Hart-Scott-Rodino Antitrust Improvements Act of 1976 (15 
     U.S.C. 18a), regardless of the year of collection, shall be 
     retained and used for necessary expenses in this 
     appropriation:  Provided further, That, notwithstanding any 
     other provision of law, not to exceed $21,000,000 in 
     offsetting collections derived from fees sufficient to 
     implement and enforce the Telemarketing Sales Rule, 
     promulgated under the Telemarketing and Consumer Fraud and 
     Abuse Prevention Act (15 U.S.C. 6101 et seq.), shall be 
     credited to this account, and be retained and used for 
     necessary expenses in this appropriation:  Provided further, 
     That the sum herein appropriated from the general fund shall 
     be reduced as such offsetting collections are received during 
     fiscal year 2012, so as to result in a final fiscal year 2012 
     appropriation from the general fund estimated at not more 
     than $182,563,000:  Provided further, That none of the funds 
     made available to the Federal Trade Commission may be used to 
     implement subsection (e)(2)(B) of section 43 of the Federal 
     Deposit Insurance Act (12 U.S.C. 1831t).

                    General Services Administration

                        real property activities

                         federal buildings fund

                 limitations on availability of revenue

       Amounts in the Fund, including revenues and collections 
     deposited into the Fund shall be available for necessary 
     expenses of real property management and related activities 
     not otherwise provided for, including operation, maintenance, 
     and protection of federally owned and leased buildings; 
     rental of buildings in the District of Columbia; restoration 
     of leased premises; moving governmental agencies (including 
     space adjustments and telecommunications relocation expenses) 
     in connection with the assignment, allocation and transfer of 
     space; contractual services incident to cleaning or servicing 
     buildings, and moving; repair and alteration of federally 
     owned buildings including grounds, approaches and 
     appurtenances; care and safeguarding of sites; maintenance, 
     preservation, demolition, and equipment; acquisition of 
     buildings and sites by purchase, condemnation, or as 
     otherwise authorized by law; acquisition of options to 
     purchase buildings and sites; conversion and extension of 
     federally owned buildings; preliminary planning and design of 
     projects by contract or otherwise; construction of new 
     buildings (including equipment for such buildings); and 
     payment of principal, interest, and any other obligations for 
     public buildings acquired by installment purchase and 
     purchase contract; in the aggregate amount of $8,017,967,000, 
     of which: (1) $50,000,000 shall remain available until 
     expended for construction and acquisition (including funds 
     for sites and expenses, and associated design and 
     construction services):  Provided, That the General Services 
     Administration shall submit a detailed plan, by project, 
     regarding the use of funds to the Committees on 
     Appropriations of the House of Representatives and the Senate 
     within 30 days of enactment of this section and will provide 
     notification to the Committees within 15 days prior to any 
     changes regarding the use of these funds; (2) $280,000,000 
     shall remain available until expended for repairs and 
     alterations, which includes associated design and 
     construction services, of which $260,000,000 is for Basic 
     Repairs and Alterations and $20,000,000 is for a Judiciary 
     Capital Security program:  Provided further, That funds made 
     available in this or any previous Act in the Federal 
     Buildings Fund for Repairs and Alterations shall, for 
     prospectus projects, be limited to the amount identified for 
     each project, except each project in this or any previous Act 
     may be increased by an amount not to exceed 10 percent unless 
     advance approval is obtained from the Committees on 
     Appropriations of a greater amount:  Provided further, That 
     additional projects for which prospectuses have been fully 
     approved may be funded under this category only if advance 
     approval is obtained from the Committees on Appropriations:  
     Provided further, That the amounts provided in this or any 
     prior Act for ``Repairs and Alterations'' may be used to fund 
     costs associated with implementing security improvements to 
     buildings necessary to meet the minimum standards for 
     security in accordance with current law and in compliance 
     with the reprogramming guidelines of the appropriate 
     Committees of the House and Senate:  Provided further, That 
     the difference between the funds appropriated and expended on 
     any projects in this or any prior Act, under the heading 
     ``Repairs and Alterations'', may be transferred to Basic 
     Repairs and Alterations or used to fund authorized increases 
     in prospectus projects:  Provided further, That all funds for 
     repairs and alterations prospectus projects shall expire on 
     September 30, 2013 and remain in the Federal Buildings Fund 
     except funds for projects as to which funds for design or 
     other funds have been obligated in whole or in part prior to 
     such date:  Provided further, That the amount provided in 
     this or any prior Act for Basic Repairs and Alterations may 
     be used to pay claims against the Government arising from any 
     projects under the heading ``Repairs and Alterations'' or 
     used to fund authorized increases in prospectus projects; (3) 
     $126,801,000 for installment acquisition payments including 
     payments on purchase contracts which shall remain available 
     until expended; (4) $5,210,198,000 for rental of space which 
     shall remain available until expended; and (5) $2,350,968,000 
     for building operations which shall remain available until 
     expended:  Provided further, That funds available to the 
     General Services Administration shall not be available for 
     expenses of any construction, repair, alteration and 
     acquisition project for which a prospectus, if required by 40 
     U.S.C. 3307(a), has not been approved, except that necessary 
     funds may be expended for each project for required expenses 
     for the development of a proposed prospectus:  Provided 
     further, That funds available in the Federal Buildings Fund 
     may be expended for emergency repairs when advance approval 
     is obtained from the Committees on Appropriations:  Provided 
     further, That amounts necessary to provide reimbursable 
     special services to other agencies under 40 U.S.C. 592(b)(2) 
     and amounts to provide such reimbursable fencing, lighting, 
     guard booths, and other facilities on private or other 
     property not in Government ownership or control as may be 
     appropriate to enable the United States Secret Service to 
     perform its protective functions pursuant to 18 U.S.C. 3056, 
     shall be available from such revenues and collections:  
     Provided further, That revenues and collections and any other 
     sums accruing to this Fund during fiscal year 2012, excluding 
     reimbursements under 40 U.S.C. 592(b)(2) in excess of the 
     aggregate new obligational authority authorized for Real 
     Property Activities of the Federal Buildings Fund in this Act 
     shall remain in the Fund and shall not be available for 
     expenditure except as authorized in appropriations Acts.

                           general activities

                         government-wide policy

       For expenses authorized by law, not otherwise provided for, 
     for Government-wide policy and evaluation activities 
     associated with the management of real and personal property 
     assets and certain administrative services; Government-wide 
     policy support responsibilities relating to acquisition, 
     telecommunications, information technology management, and 
     related technology activities; and services as authorized by 
     5 U.S.C. 3109; $61,115,000.

                           operating expenses

       For expenses authorized by law, not otherwise provided for, 
     for Government-wide activities associated with utilization 
     and donation of surplus personal property; disposal of real 
     property; agency-wide policy direction, management, and 
     communications; the Civilian Board of Contract Appeals; 
     services as authorized by 5 U.S.C. 3109; and not to exceed 
     $7,500 for official reception and representation expenses; 
     $69,500,000.

                      office of inspector general

       For necessary expenses of the Office of Inspector General 
     and service authorized by 5 U.S.C. 3109, $58,000,000:  
     Provided, That not to exceed $15,000 shall be available for 
     payment for information and detection of fraud against the 
     Government, including payment for recovery of

[[Page 20325]]

     stolen Government property:  Provided further, That not to 
     exceed $2,500 shall be available for awards to employees of 
     other Federal agencies and private citizens in recognition of 
     efforts and initiatives resulting in enhanced Office of 
     Inspector General effectiveness.

                       electronic government fund

                     (including transfer of funds)

       For necessary expenses in support of interagency projects 
     that enable the Federal Government to expand its ability to 
     conduct activities electronically, through the development 
     and implementation of innovative uses of the Internet and 
     other electronic methods, $12,400,000, to remain available 
     until expended:  Provided, That these funds may be 
     transferred to Federal agencies to carry out the purpose of 
     the Fund:  Provided further, That this transfer authority 
     shall be in addition to any other transfer authority provided 
     in this Act:  Provided further, That such transfers may not 
     be made until 10 days after a proposed spending plan and 
     explanation for each project to be undertaken has been 
     submitted to the Committees on Appropriations of the House of 
     Representatives and the Senate.

           allowances and office staff for former presidents

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

                     federal citizen services fund

       For necessary expenses of the Office of Citizen Services 
     and Innovative Technologies, including services authorized by 
     5 U.S.C. 3109, $34,100,000, to be deposited into the Federal 
     Citizen Services Fund:  Provided, That the appropriations, 
     revenues, and collections deposited into the Fund shall be 
     available for necessary expenses of Federal Citizen Services 
     activities in the aggregate amount not to exceed $90,000,000. 
     Appropriations, revenues, and collections accruing to this 
     Fund during fiscal year 2012 in excess of such amount shall 
     remain in the Fund and shall not be available for expenditure 
     except as authorized in appropriations Acts.

       Administrative Provisions--General Services Administration

             (including transfers of funds and rescission)

       Sec. 520.  Funds available to the General Services 
     Administration shall be available for the hire of passenger 
     motor vehicles.
       Sec. 521.  Funds in the Federal Buildings Fund made 
     available for fiscal year 2012 for Federal Buildings Fund 
     activities may be transferred between such activities only to 
     the extent necessary to meet program requirements:  Provided, 
     That any proposed transfers shall be approved in advance to 
     the Committees on Appropriations of the House of 
     Representatives and the Senate.
       Sec. 522.  Except as otherwise provided in this title, 
     funds made available by this Act shall be used to transmit a 
     fiscal year 2013 request for United States Courthouse 
     construction only if the request: (1) meets the design guide 
     standards for construction as established and approved by the 
     General Services Administration, the Judicial Conference of 
     the United States, and the Office of Management and Budget; 
     (2) reflects the priorities of the Judicial Conference of the 
     United States as set out in its approved 5-year construction 
     plan; and (3) includes a standardized courtroom utilization 
     study of each facility to be constructed, replaced, or 
     expanded.
       Sec. 523.  None of the funds provided in this Act may be 
     used to increase the amount of occupiable square feet, 
     provide cleaning services, security enhancements, or any 
     other service usually provided through the Federal Buildings 
     Fund, to any agency that does not pay the rate per square 
     foot assessment for space and services as determined by the 
     General Services Administration in consideration of the 
     Public Buildings Amendments Act of 1972 (Public Law 92-313).
       Sec. 524.  From funds made available under the heading 
     ``Federal Buildings Fund, Limitations on Availability of 
     Revenue'', claims against the Government of less than 
     $250,000 arising from direct construction projects and 
     acquisition of buildings may be liquidated from savings 
     effected in other construction projects with prior 
     notification to the Committees on Appropriations of the House 
     of Representatives and the Senate.
       Sec. 525.  In any case in which the Committee on 
     Transportation and Infrastructure of the House of 
     Representatives and the Committee on Environment and Public 
     Works of the Senate adopt a resolution granting lease 
     authority pursuant to a prospectus transmitted to Congress by 
     the Administrator of the General Services Administration 
     under 40 U.S.C. 3307, the Administrator shall ensure that the 
     delineated area of procurement is identical to the delineated 
     area included in the prospectus for all lease agreements, 
     except that, if the Administrator determines that the 
     delineated area of the procurement should not be identical to 
     the delineated area included in the prospectus, the 
     Administrator shall provide an explanatory statement to each 
     of such committees and the Committees on Appropriations of 
     the House of Representatives and the Senate prior to 
     exercising any lease authority provided in the resolution.
       Sec. 526.  Section 1703 of title 41 U.S.C. is amended in 
     paragraph (i)(6) by:
       (1) deleting ``for training''; and
       (2) deleting ``paragraph (2)'' and inserting in lieu 
     thereof ``subparagraphs (A) and (C) to (J) of section 
     1122(a)(5) of this title''.
       Sec. 527.  Of the amounts made available under the heading 
     ``Policy and Operations'' for the maintenance, protection, 
     and disposal of the U.S. Coast Guard Service Center at 
     Governor's Island, New York and the Lorton Correctional 
     Facility in Lorton, Virginia in prior years whether 
     appropriated directly to the General Services Administration 
     (GSA) or to any other agency of the Government and received 
     by GSA for such purpose, $4,600,000 are rescinded.
       Sec. 528.  Within 120 days of enactment, the General 
     Services Administration shall submit a detailed report to the 
     Committees on Appropriations of the House of Representatives 
     and the Senate that describes each program, project, or 
     activity that is funded by appropriations to General Services 
     Administration but is not under the control or direction, in 
     statute or in practice, of the Administrator of General 
     Services.

                 Harry S Truman Scholarship Foundation

                         salaries and expenses

       For payment to the Harry S Truman Scholarship Foundation 
     Trust Fund, established by section 10 of Public Law 93-642, 
     $748,000, to remain available until expended.

                     Merit Systems Protection Board

                         salaries and expenses

                     (including transfer of funds)

       For necessary expenses to carry out functions of the Merit 
     Systems Protection Board pursuant to Reorganization Plan 
     Numbered 2 of 1978, the Civil Service Reform Act of 1978, and 
     the Whistleblower Protection Act of 1989 (5 U.S.C. 5509 
     note), including services as authorized by 5 U.S.C. 3109, 
     rental of conference rooms in the District of Columbia and 
     elsewhere, hire of passenger motor vehicles, direct 
     procurement of survey printing, and not to exceed $2,000 for 
     official reception and representation expenses, $40,258,000, 
     to remain available until September 30, 2013, together with 
     not to exceed $2,345,000, to remain available until September 
     30, 2013, for administrative expenses to adjudicate 
     retirement appeals to be transferred from the Civil Service 
     Retirement and Disability Fund in amounts determined by the 
     Merit Systems Protection Board.

            Morris K. Udall and Stewart L. Udall Foundation

            morris k. udall and stewart l. udall trust fund

       For payment to the Morris K. Udall and Stewart L. Udall 
     Trust Fund, pursuant to the Morris K. Udall and Stewart L. 
     Udall Foundation Act (20 U.S.C. 5601 et seq.), $2,200,000, to 
     remain available until expended, of which, notwithstanding 
     sections 8 and 9 of such Act: (1) up to $50,000 shall be used 
     to conduct financial audits pursuant to the Accountability of 
     Tax Dollars Act of 2002 (Public Law 107-289); and (2) up to 
     $1,000,000 shall be available to carry out the activities 
     authorized by section 6(7) of Public Law 102-259 (20 U.S.C. 
     5604(7)).

                 environmental dispute resolution fund

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

              National Archives and Records Administration

                           operating expenses

                     (including transfer of funds)

       For necessary expenses in connection with the 
     administration of the National Archives and Records 
     Administration (including the Information Security Oversight 
     Office) and archived Federal records and related activities, 
     as provided by law, and for expenses necessary for the review 
     and declassification of documents and the activities of the 
     Public Interest Declassification Board, and for necessary 
     expenses in connection with the operations and maintenance of 
     the electronic records archives to include all direct project 
     costs associated with research, program management, and 
     corrective and adaptive software maintenance, and for the 
     hire of passenger motor vehicles, and for uniforms or 
     allowances therefor, as authorized by law (5 U.S.C. 5901 et 
     seq.), including maintenance, repairs, and cleaning, 
     $373,300,000:  Provided, That all remaining balances 
     appropriated in prior fiscal years under the heading 
     ``Electronic Records Archives'' shall be transferred to this 
     account.

                      office of inspector general

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

                        repairs and restoration

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

[[Page 20326]]



         national historical publications and records commission

                             grants program

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

                  National Credit Union Administration

                       central liquidity facility

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

               community development revolving loan fund

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

                      Office of Government Ethics

                         salaries and expenses

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

                     Office of Personnel Management

                         salaries and expenses

                  (including transfer of trust funds)

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

                      office of inspector general

                         salaries and expenses

                  (including transfer of trust funds)

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

      government payment for annuitants, employees health benefits

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

       government payment for annuitants, employee life insurance

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

        payment to civil service retirement and disability fund

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

                       Office of Special Counsel

                         salaries and expenses

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

                      Postal Regulatory Commission

                         salaries and expenses

                     (including transfer of funds)

       For necessary expenses of the Postal Regulatory Commission 
     in carrying out the provisions of the Postal Accountability 
     and Enhancement Act (Public Law 109-435), $14,304,000, to be 
     derived by transfer from the Postal Service Fund and expended 
     as authorized by section 603(a) of such Act.

              Privacy and Civil Liberties Oversight Board

                         salaries and expenses

       For necessary expenses of the Privacy and Civil Liberties 
     Oversight Board, as authorized by section 1061 of the 
     Intelligence Reform and Terrorism Prevention Act of 2004 (5 
     U.S.C. 601 note), $900,000, to remain available until 
     September 30, 2013.

             Recovery Accountability and Transparency Board

                         salaries and expenses

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

                   Securities and Exchange Commission

                         salaries and expenses

       For necessary expenses for the Securities and Exchange 
     Commission, including services as authorized by 5 U.S.C. 
     3109, the rental of space (to include multiple year leases) 
     in the District of Columbia and elsewhere, and not to exceed 
     $3,500 for official reception and representation expenses, 
     $1,321,000,000, to remain available until expended; of which 
     not less than $6,795,000 shall be for the Office of Inspector 
     General; of which not to exceed $45,000 shall be available 
     for a permanent secretariat for the International 
     Organization of Securities Commissions; and of which not to 
     exceed $100,000 shall be available for expenses for 
     consultations and meetings hosted by the Commission with 
     foreign governmental and other regulatory officials, members 
     of their delegations and staffs to exchange views concerning 
     securities matters, such expenses to include necessary 
     logistic and administrative expenses and the expenses of 
     Commission staff and foreign invitees in attendance 
     including: (1) incidental expenses such as meals; (2) travel 
     and transportation; and (3) related lodging or subsistence:  
     Provided, That fees and charges authorized by section 31 of 
     the Securities Exchange Act of 1934 (15 U.S.C. 78ee) shall be 
     credited to this account as offsetting collections:  Provided 
     further, That not to exceed $1,321,000,000 of such offsetting 
     collections shall be available until expended for necessary 
     expenses of this account:  Provided further, That the total 
     amount appropriated under this heading from the general fund 
     for fiscal year 2012 shall be reduced as such offsetting fees 
     are received so as to result in a final total fiscal year 
     2012 appropriation from the general fund estimated at not 
     more than $0.

                        Selective Service System

                         salaries and expenses

       For necessary expenses of the Selective Service System, 
     including expenses of attendance at meetings and of training 
     for uniformed personnel assigned to the Selective Service 
     System, as authorized by 5 U.S.C. 4101-4118 for civilian 
     employees; purchase of uniforms, or allowances therefor, as 
     authorized by 5 U.S.C. 5901-5902; hire of passenger motor 
     vehicles; services as authorized by 5 U.S.C. 3109; and not to 
     exceed $750

[[Page 20327]]

     for official reception and representation expenses; 
     $23,984,000:  Provided, That during the current fiscal year, 
     the President may exempt this appropriation from the 
     provisions of 31 U.S.C. 1341, whenever the President deems 
     such action to be necessary in the interest of national 
     defense:  Provided further, That none of the funds 
     appropriated by this Act may be expended for or in connection 
     with the induction of any person into the Armed Forces of the 
     United States.

                     Small Business Administration

                         salaries and expenses

       For necessary expenses, not otherwise provided for, of the 
     Small Business Administration as authorized by Public Law 
     108-447, including hire of passenger motor vehicles as 
     authorized by 31 U.S.C. 1343 and 1344, and not to exceed 
     $3,500 for official reception and representation expenses, 
     $417,348,000:  Provided, That the Administrator is authorized 
     to charge fees to cover the cost of publications developed by 
     the Small Business Administration, and certain loan program 
     activities, including fees authorized by section 5(b) of the 
     Small Business Act:  Provided further, That, notwithstanding 
     31 U.S.C. 3302, revenues received from all such activities 
     shall be credited to this account, to remain available until 
     expended, for carrying out these purposes without further 
     appropriations:  Provided further, That the Small Business 
     Administration may accept gifts in an amount not to exceed 
     $4,000,000 and may co-sponsor activities, each in accordance 
     with section 132(a) of division K of Public Law 108-447, 
     during fiscal year 2012:  Provided further, That $112,500,000 
     shall be available to fund grants for performance in fiscal 
     year 2012 or fiscal year 2013 as authorized by section 21 of 
     the Small Business Act, to remain available until September 
     30, 2013:  Provided further, That $20,000,000 shall remain 
     available until September 30, 2013 for marketing, management, 
     and technical assistance under section 7(m) of the Small 
     Business Act (15 U.S.C. 636(m)(4)) by intermediaries that 
     make microloans under the microloan program:  Provided 
     further, That $7,100,000 shall be available for the Loan 
     Modernization and Accounting System, to be available until 
     September 30, 2013:  Provided further, That $2,000,000 shall 
     be for the Federal and State Technology Partnership Program 
     under section 34 of the Small Business Act (15 U.S.C. 657d).

                      office of inspector general

       For necessary expenses of the Office of Inspector General 
     in carrying out the provisions of the Inspector General Act 
     of 1978, $16,267,000.

                           office of advocacy

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

                     business loans program account

                     (including transfer of funds)

       For the cost of direct loans, $3,678,000, to remain 
     available until expended, and for the cost of guaranteed 
     loans as authorized by section 7(a) of the Small Business Act 
     (Public Law 85-536) and section 503 of the Small Business 
     Investment Act of 1958 (Public Law 85-699), $207,100,000, to 
     remain available until expended:  Provided, That such costs, 
     including the cost of modifying such loans, shall be as 
     defined in section 502 of the Congressional Budget Act of 
     1974:  Provided further, That subject to section 502 of the 
     Congressional Budget Act of 1974, during fiscal year 2012 
     commitments to guarantee loans under section 503 of the Small 
     Business Investment Act of 1958 shall not exceed 
     $7,500,000,000:  Provided further, That during fiscal year 
     2012 commitments for general business loans authorized under 
     section 7(a) of the Small Business Act shall not exceed 
     $17,500,000,000 for a combination of amortizing term loans 
     and the aggregated maximum line of credit provided by 
     revolving loans:  Provided further, That during fiscal year 
     2012 commitments to guarantee loans for debentures under 
     section 303(b) of the Small Business Investment Act of 1958 
     shall not exceed $3,000,000,000:  Provided further, That 
     during fiscal year 2012, guarantees of trust certificates 
     authorized by section 5(g) of the Small Business Act shall 
     not exceed a principal amount of $12,000,000,000. In 
     addition, for administrative expenses to carry out the direct 
     and guaranteed loan programs, $147,958,000, which may be 
     transferred to and merged with the appropriations for 
     Salaries and Expenses.

                     disaster loans program account

                     (including transfers of funds)

       For administrative expenses to carry out the direct loan 
     program authorized by section 7(b) of the Small Business Act, 
     $117,300,000, to be available until expended, of which 
     $1,000,000 is for the Office of Inspector General of the 
     Small Business Administration for audits and reviews of 
     disaster loans and the disaster loan programs and shall be 
     transferred to and merged with the appropriations for the 
     Office of Inspector General; of which $110,300,000 is for 
     direct administrative expenses of loan making and servicing 
     to carry out the direct loan program, which may be 
     transferred to and merged with the appropriations for 
     Salaries and Expenses; and of which $6,000,000 is for 
     indirect administrative expenses for the direct loan program, 
     which may be transferred to and merged with the 
     appropriations for Salaries and Expenses.

        administrative provisions--small business administration

                     (including transfer of funds)

       Sec. 530.  Not to exceed 5 percent of any appropriation 
     made available for the current fiscal year for the Small 
     Business Administration in this Act may be transferred 
     between such appropriations, but no such appropriation shall 
     be increased by more than 10 percent by any such transfers:  
     Provided, That any transfer pursuant to this paragraph shall 
     be treated as a reprogramming of funds under section 608 of 
     this Act and shall not be available for obligation or 
     expenditure except in compliance with the procedures set 
     forth in that section.
       Sec. 531.  Section 7(d)(5)(D) of the Small Business Act (15 
     U.S.C. 636(d)(5)(D)) is amended by striking ``three years'' 
     and inserting ``7 years''.
       Sec. 532.  Beginning in fiscal year 2013 and each fiscal 
     year thereafter, the budget request for the Small Business 
     Administration shall provided a detailed justification of any 
     proposed changes from the enacted level by individual 
     appropriation. The detailed justification shall include at a 
     minimum a description of each credit and non-credit program 
     including amount of funding and costs by appropriation 
     account and fiscal year. For activities funded in multiple 
     appropriations, the budget justification shall specify the 
     amount included in each enacted appropriation, the amount 
     proposed in the budget year and a justification for any 
     proposed changes.

                      United States Postal Service

                   payment to the postal service fund

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

                      office of inspector general

                         salaries and expenses

                     (including transfer of funds)

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

                        United States Tax Court

                         salaries and expenses

       For necessary expenses, including contract reporting and 
     other services as authorized by 5 U.S.C. 3109, $51,079,000:  
     Provided, That travel expenses of the judges shall be paid 
     upon the written certificate of the judge.

                                TITLE VI

                      GENERAL PROVISIONS--THIS ACT

                        (including rescissions)

       Sec. 601.  None of the funds in this Act shall be used for 
     the planning or execution of any program to pay the expenses 
     of, or otherwise compensate, non-Federal parties intervening 
     in regulatory or adjudicatory proceedings funded in this Act.
       Sec. 602.  None of the funds appropriated in this Act shall 
     remain available for obligation beyond the current fiscal 
     year, nor may any be transferred to other appropriations, 
     unless expressly so provided herein.
       Sec. 603.  The expenditure of any appropriation under this 
     Act for any consulting service through procurement contract 
     pursuant to 5 U.S.C. 3109, shall be limited to those 
     contracts where such expenditures are a matter of public 
     record and available for public inspection, except where 
     otherwise provided under existing law, or under existing 
     Executive order issued pursuant to existing law.
       Sec. 604.  None of the funds made available in this Act may 
     be transferred to any department, agency, or instrumentality 
     of the United States Government, except pursuant to a 
     transfer made by, or transfer authority provided in, this Act 
     or any other appropriations Act.
       Sec. 605.  None of the funds made available by this Act 
     shall be available for any activity or for paying the salary 
     of any Government employee where funding an activity or 
     paying a salary to a Government employee would result in a 
     decision, determination, rule, regulation, or policy that 
     would prohibit the enforcement of section 307 of the Tariff 
     Act of 1930 (19 U.S.C. 1307).
       Sec. 606.  No funds appropriated pursuant to this Act may 
     be expended by an entity unless the entity agrees that in 
     expending the assistance the entity will comply with the Buy 
     American Act (41 U.S.C. 10a-10c).
       Sec. 607.  No funds appropriated or otherwise made 
     available under this Act shall be made available to any 
     person or entity that has been convicted of violating the Buy 
     American Act (41 U.S.C. 10a-10c).
       Sec. 608.  Except as otherwise provided in this Act, none 
     of the funds provided in this Act, provided by previous 
     appropriations Acts to the agencies or entities funded in 
     this Act that remain available for obligation or expenditure 
     in

[[Page 20328]]

     fiscal year 2012, or provided from any accounts in the 
     Treasury derived by the collection of fees and available to 
     the agencies funded by this Act, shall be available for 
     obligation or expenditure through a reprogramming of funds 
     that: (1) creates a new program; (2) eliminates a program, 
     project, or activity; (3) increases funds or personnel for 
     any program, project, or activity for which funds have been 
     denied or restricted by the Congress; (4) proposes to use 
     funds directed for a specific activity by the Committee on 
     Appropriations of either the House of Representatives or the 
     Senate for a different purpose; (5) augments existing 
     programs, projects, or activities in excess of $5,000,000 or 
     10 percent, whichever is less; (6) reduces existing programs, 
     projects, or activities by $5,000,000 or 10 percent, 
     whichever is less; or (7) creates or reorganizes offices, 
     programs, or activities unless prior approval is received 
     from the Committees on Appropriations of the House of 
     Representatives and the Senate:  Provided, That prior to any 
     significant reorganization or restructuring of offices, 
     programs, or activities, each agency or entity funded in this 
     Act shall consult with the Committees on Appropriations of 
     the House of Representatives and the Senate:  Provided 
     further, That not later than 60 days after the date of 
     enactment of this Act, each agency funded by this Act shall 
     submit a report to the Committees on Appropriations of the 
     House of Representatives and the Senate to establish the 
     baseline for application of reprogramming and transfer 
     authorities for the current fiscal year:  Provided further, 
     That at a minimum the report shall include: (1) a table for 
     each appropriation with a separate column to display the 
     President's budget request, adjustments made by Congress, 
     adjustments due to enacted rescissions, if appropriate, and 
     the fiscal year enacted level; (2) a delineation in the table 
     for each appropriation both by object class and program, 
     project, and activity as detailed in the budget appendix for 
     the respective appropriation; and (3) an identification of 
     items of special congressional interest:  Provided further, 
     That the amount appropriated or limited for salaries and 
     expenses for an agency shall be reduced by $100,000 per day 
     for each day after the required date that the report has not 
     been submitted to the Congress.
       Sec. 609.  Except as otherwise specifically provided by 
     law, not to exceed 50 percent of unobligated balances 
     remaining available at the end of fiscal year 2012 from 
     appropriations made available for salaries and expenses for 
     fiscal year 2012 in this Act, shall remain available through 
     September 30, 2013, for each such account for the purposes 
     authorized:  Provided, That a request shall be submitted to 
     the Committees on Appropriations of the House of 
     Representatives and the Senate for approval prior to the 
     expenditure of such funds:  Provided further, That these 
     requests shall be made in compliance with reprogramming 
     guidelines.
       Sec. 610.  None of the funds made available in this Act may 
     be used by the Executive Office of the President to request 
     from the Federal Bureau of Investigation any official 
     background investigation report on any individual, except 
     when--
       (1) such individual has given his or her express written 
     consent for such request not more than 6 months prior to the 
     date of such request and during the same presidential 
     administration; or
       (2) such request is required due to extraordinary 
     circumstances involving national security.
       Sec. 611.  The cost accounting standards promulgated under 
     chapter 15 of title 41, United States Code shall not apply 
     with respect to a contract under the Federal Employees Health 
     Benefits Program established under chapter 89 of title 5, 
     United States Code.
       Sec. 612.  For the purpose of resolving litigation and 
     implementing any settlement agreements regarding the 
     nonforeign area cost-of-living allowance program, the Office 
     of Personnel Management may accept and utilize (without 
     regard to any restriction on unanticipated travel expenses 
     imposed in an Appropriations Act) funds made available to the 
     Office of Personnel Management pursuant to court approval.
       Sec. 613.  No funds appropriated by this Act shall be 
     available to pay for an abortion, or the administrative 
     expenses in connection with any health plan under the Federal 
     employees health benefits program which provides any benefits 
     or coverage for abortions.
       Sec. 614.  The provision of section 613 shall not apply 
     where the life of the mother would be endangered if the fetus 
     were carried to term, or the pregnancy is the result of an 
     act of rape or incest.
       Sec. 615.  In order to promote Government access to 
     commercial information technology, the restriction on 
     purchasing nondomestic articles, materials, and supplies set 
     forth in chapter 83 of title 41, United States Code 
     (popularly known as the Buy American Act), shall not apply to 
     the acquisition by the Federal Government of information 
     technology (as defined in section 11101 of title 40, United 
     States Code), that is a commercial item (as defined in 
     section 103 of title 41, United States Code).
       Sec. 616.  Notwithstanding section 1353 of title 31, United 
     States Code, no officer or employee of any regulatory agency 
     or commission funded by this Act may accept on behalf of that 
     agency, nor may such agency or commission accept, payment or 
     reimbursement from a non-Federal entity for travel, 
     subsistence, or related expenses for the purpose of enabling 
     an officer or employee to attend and participate in any 
     meeting or similar function relating to the official duties 
     of the officer or employee when the entity offering payment 
     or reimbursement is a person or entity subject to regulation 
     by such agency or commission, or represents a person or 
     entity subject to regulation by such agency or commission, 
     unless the person or entity is an organization described in 
     section 501(c)(3) of the Internal Revenue Code of 1986 and 
     exempt from tax under section 501(a) of such Code.
       Sec. 617.  The Public Company Accounting Oversight Board 
     shall have authority to obligate funds for the scholarship 
     program established by section 109(c)(2) of the Sarbanes-
     Oxley Act of 2002 (Public Law 107-204) in an aggregate amount 
     not exceeding the amount of funds collected by the Board as 
     of December 31, 2011, including accrued interest, as a result 
     of the assessment of monetary penalties. Funds available for 
     obligation in fiscal year 2012 shall remain available until 
     expended.
       Sec. 618.  From the unobligated balances of prior year 
     appropriations made available for the Privacy and Civil 
     Liberties Oversight Board, $998,000 are rescinded.
       Sec. 619.  Section 1107 of title 31, United States Code, is 
     amended by adding to the end thereof the following: ``The 
     President shall transmit promptly to Congress without change, 
     proposed deficiency and supplemental appropriations submitted 
     to the President by the legislative branch and the judicial 
     branch.''.
       Sec. 620.  Notwithstanding section 708 of this Act, funds 
     made available to the Commodity Futures Trading Commission 
     and the Securities and Exchange Commission by this or any 
     other Act may be used for the interagency funding and 
     sponsorship of a joint advisory committee to advise on 
     emerging regulatory issues.
       Sec. 621.  For purposes of Public Law 109-285, the period 
     described in section 5134(f)(1)(B) of title 31, United States 
     Code, shall be treated as a 2-year, 9-month period.
       Sec. 622.  The Help America Vote Act of 2002 (Public Law 
     107-252) is amended by:
       (1) inserting in section 255(b)(42 U.S.C. 15405) ``posted 
     on the Commission's website with a notice'' after ``cause to 
     have the plan'';
       (2) inserting in section 253(d)(42 U.S.C. 15403) ``notice 
     of'' prior to ``the State plan'';
       (3) inserting in section 254(a)(11)(42 U.S.C. 15404) 
     ``notice of'' prior to ``the change''; and
       (4) inserting in section 254(a)(11)(C)(42 U.S.C. 15404) 
     ``notice of'' prior to ``the change''.
       Sec. 623.  From the unobligated balances available in the 
     Securities and Exchange Commission Reserve Fund established 
     by section 991 of the Dodd-Frank Wall Street Reform and 
     Consumer Protection Act (Public Law 111-203), $25,000,000 are 
     rescinded.
       Sec. 624.  The Department of the Treasury, the Executive 
     Office of the President, the Judiciary, the Federal 
     Communications Commission, the Federal Trade Commission, the 
     General Services Administration, the National Archives and 
     Records Administration, the Securities and Exchange 
     Commission, and the Small Business Administration shall 
     provide the Committees on Appropriations of the House and the 
     Senate a quarterly accounting of the cumulative balances of 
     any unobligated funds that were received by such agency 
     during any previous fiscal year.
       Sec. 625. (a)(1) Notwithstanding any other provision of 
     law, an Executive agency covered by this Act otherwise 
     authorized to enter into contracts for either leases or the 
     construction or alteration of real property for office, 
     meeting, storage, or other space must consult with the 
     General Services Administration before issuing a solicitation 
     for offers of new leases or construction contracts, and in 
     the case of succeeding leases, before entering into 
     negotiations with the current lessor.
       (2) Any such agency with authority to enter into an 
     emergency lease may do so during any period declared by the 
     President to require emergency leasing authority with respect 
     to such agency.
       (b) For purposes of this section, the term ``Executive 
     agency covered by this Act'' means any Executive agency 
     provided funds by this Act, but does not include the General 
     Services Administration or the United States Postal Service.
       Sec. 626.  None of the funds made available in this Act may 
     be used by the Federal Trade Commission to complete the draft 
     report entitled ``Interagency Working Group on Food Marketed 
     to Children: Preliminary Proposed Nutrition Principles to 
     Guide Industry Self-Regulatory Efforts'' unless the 
     Interagency Working Group on Food Marketed to Children 
     complies with Executive Order 13563.
       Sec. 627.  None of the funds made available by this Act may 
     be used to pay the salaries and expenses for the following 
     positions:
       (1) Director, White House Office of Health Reform.
       (2) Assistant to the President for Energy and Climate 
     Change.
       (3) Senior Advisor to the Secretary of the Treasury 
     assigned to the Presidential Task Force on the Auto Industry 
     and Senior Counselor for Manufacturing Policy.
       (4) White House Director of Urban Affairs.
       Sec. 628.  None of the funds made available in this Act may 
     be used by the Federal Communications Commission to remove 
     the conditions imposed on commercial terrestrial operations 
     in the Order and Authorization adopted by the Commission on 
     January 26, 2011 (DA 11-133), or otherwise permit such 
     operations, until the Commission has resolved concerns of 
     potential widespread harmful interference by such commercial 
     terrestrial operations to commercially available Global 
     Positioning System devices.
       Sec. 629.  None of the funds made available by this Act may 
     be expended for any new hire by any Federal agency funded in 
     this Act that is

[[Page 20329]]

     not verified through the E-Verify Program established under 
     section 403(a) of the Illegal Immigration Reform and 
     Immigrant Responsibility Act of 1996 (8 U.S.C. 1324a note).
       Sec. 630.  None of the funds made available by this Act may 
     be used to enter into a contract, memorandum of 
     understanding, or cooperative agreement with, make a grant 
     to, or provide a loan or loan guarantee to, any corporation 
     with respect to which any unpaid Federal tax liability has 
     been assessed, for which all judicial and administrative 
     remedies have been exhausted or have lapsed, and that is not 
     being paid in a timely manner pursuant to an agreement with 
     the authority responsible for collecting the tax liability, 
     where the awarding agency is aware of the unpaid tax 
     liability, unless the agency has considered suspension or 
     debarment of the corporation and made a determination that 
     this further action is not necessary to protect the interests 
     of the Government.
       Sec. 631.  None of the funds made available by this Act may 
     be used to enter into a contract, memorandum of 
     understanding, or cooperative agreement with, make a grant 
     to, or provide a loan or loan guarantee to, any corporation 
     that was convicted or had an officer or agent of such 
     corporation acting on behalf of the corporation convicted of 
     a felony criminal violation under any Federal law within the 
     preceding 24 months, where the awarding agency is aware of 
     the conviction, unless the agency has considered suspension 
     or debarment of the corporation, or such officer or agent and 
     made a determination that this further action is not 
     necessary to protect the interests of the Government.
       Sec. 632.  Section 8909a(d)(3)(A)(v) of title 5, United 
     States Code, is amended by striking the date specified in 
     such section and inserting ``August 1, 2012''.

                               TITLE VII

                  GENERAL PROVISIONS--GOVERNMENT-WIDE

                Departments, Agencies, and Corporations

       Sec. 701.  No department, agency, or instrumentality of the 
     United States receiving appropriated funds under this or any 
     other Act for fiscal year 2012 shall obligate or expend any 
     such funds, unless such department, agency, or 
     instrumentality has in place, and will continue to administer 
     in good faith, a written policy designed to ensure that all 
     of its workplaces are free from the illegal use, possession, 
     or distribution of controlled substances (as defined in the 
     Controlled Substances Act (21 U.S.C. 802)) by the officers 
     and employees of such department, agency, or instrumentality.
       Sec. 702.  Unless otherwise specifically provided, the 
     maximum amount allowable during the current fiscal year in 
     accordance with subsection 1343(c) of title 31, United States 
     Code, for the purchase of any passenger motor vehicle 
     (exclusive of buses, ambulances, law enforcement, and 
     undercover surveillance vehicles), is hereby fixed at $13,197 
     except station wagons for which the maximum shall be $13,631: 
      Provided, That these limits may be exceeded by not to exceed 
     $3,700 for police-type vehicles, and by not to exceed $4,000 
     for special heavy-duty vehicles:  Provided further, That the 
     limits set forth in this section may not be exceeded by more 
     than 5 percent for electric or hybrid vehicles purchased for 
     demonstration under the provisions of the Electric and Hybrid 
     Vehicle Research, Development, and Demonstration Act of 1976: 
      Provided further, That the limits set forth in this section 
     may be exceeded by the incremental cost of clean alternative 
     fuels vehicles acquired pursuant to Public Law 101-549 over 
     the cost of comparable conventionally fueled vehicles:  
     Provided further, That the limits set forth in this section 
     shall not apply to any vehicle that is a commercial item and 
     which operates on emerging motor vehicle technology, 
     including but not limited to electric, plug-in hybrid 
     electric, and hydrogen fuel cell vehicles.
       Sec. 703.  Appropriations of the executive departments and 
     independent establishments for the current fiscal year 
     available for expenses of travel, or for the expenses of the 
     activity concerned, are hereby made available for quarters 
     allowances and cost-of-living allowances, in accordance with 
     5 U.S.C. 5922-5924.
       Sec. 704.  Unless otherwise specified during the current 
     fiscal year, no part of any appropriation contained in this 
     or any other Act shall be used to pay the compensation of any 
     officer or employee of the Government of the United States 
     (including any agency the majority of the stock of which is 
     owned by the Government of the United States) whose post of 
     duty is in the continental United States unless such person: 
     (1) is a citizen of the United States; (2) is a person who is 
     lawfully admitted for permanent residence and is seeking 
     citizenship as outlined in 8 U.S.C. 1324b(a)(3)(B); (3) is a 
     person who is admitted as a refugee under 8 U.S.C. 1157 or is 
     granted asylum under 8 U.S.C. 1158 and has filed a 
     declaration of intention to become a lawful permanent 
     resident and then a citizen when eligible; or (4) is a person 
     who owes allegiance to the United States:  Provided, That for 
     purposes of this section, affidavits signed by any such 
     person shall be considered prima facie evidence that the 
     requirements of this section with respect to his or her 
     status are being complied with:  Provided further, That for 
     purposes of subsections (2) and (3) such affidavits shall be 
     submitted prior to employment and updated thereafter as 
     necessary:  Provided further, That any person making a false 
     affidavit shall be guilty of a felony, and upon conviction, 
     shall be fined no more than $4,000 or imprisoned for not more 
     than 1 year, or both:  Provided further, That the above penal 
     clause shall be in addition to, and not in substitution for, 
     any other provisions of existing law:  Provided further, That 
     any payment made to any officer or employee contrary to the 
     provisions of this section shall be recoverable in action by 
     the Federal Government:  Provided further, That this section 
     shall not apply to any person who is an officer or employee 
     of the Government of the United States on the date of 
     enactment of this Act, or to international broadcasters 
     employed by the Broadcasting Board of Governors, or to 
     temporary employment of translators, or to temporary 
     employment in the field service (not to exceed 60 days) as a 
     result of emergencies:  Provided further, That this section 
     does not apply to the employment as Wildland firefighters for 
     not more than 120 days of nonresident aliens employed by the 
     Department of the Interior or the USDA Forest Service 
     pursuant to an agreement with another country.
       Sec. 705.  Appropriations available to any department or 
     agency during the current fiscal year for necessary expenses, 
     including maintenance or operating expenses, shall also be 
     available for payment to the General Services Administration 
     for charges for space and services and those expenses of 
     renovation and alteration of buildings and facilities which 
     constitute public improvements performed in accordance with 
     the Public Buildings Act of 1959 (73 Stat. 479), the Public 
     Buildings Amendments of 1972 (86 Stat. 216), or other 
     applicable law.
       Sec. 706.  In addition to funds provided in this or any 
     other Act, all Federal agencies are authorized to receive and 
     use funds resulting from the sale of materials, including 
     Federal records disposed of pursuant to a records schedule 
     recovered through recycling or waste prevention programs. 
     Such funds shall be available until expended for the 
     following purposes:
       (1) Acquisition, waste reduction and prevention, and 
     recycling programs as described in Executive Order No. 13423 
     (January 24, 2007), including any such programs adopted prior 
     to the effective date of the Executive order.
       (2) Other Federal agency environmental management programs, 
     including, but not limited to, the development and 
     implementation of hazardous waste management and pollution 
     prevention programs.
       (3) Other employee programs as authorized by law or as 
     deemed appropriate by the head of the Federal agency.
       Sec. 707.  Funds made available by this or any other Act 
     for administrative expenses in the current fiscal year of the 
     corporations and agencies subject to chapter 91 of title 31, 
     United States Code, shall be available, in addition to 
     objects for which such funds are otherwise available, for 
     rent in the District of Columbia; services in accordance with 
     5 U.S.C. 3109; and the objects specified under this head, all 
     the provisions of which shall be applicable to the 
     expenditure of such funds unless otherwise specified in the 
     Act by which they are made available:  Provided, That in the 
     event any functions budgeted as administrative expenses are 
     subsequently transferred to or paid from other funds, the 
     limitations on administrative expenses shall be 
     correspondingly reduced.
       Sec. 708.  No part of any appropriation contained in this 
     or any other Act shall be available for interagency financing 
     of boards (except Federal Executive Boards), commissions, 
     councils, committees, or similar groups (whether or not they 
     are interagency entities) which do not have a prior and 
     specific statutory approval to receive financial support from 
     more than one agency or instrumentality.
       Sec. 709.  None of the funds made available pursuant to the 
     provisions of this Act shall be used to implement, 
     administer, or enforce any regulation which has been 
     disapproved pursuant to a joint resolution duly adopted in 
     accordance with the applicable law of the United States.
       Sec. 710.  During the period in which the head of any 
     department or agency, or any other officer or civilian 
     employee of the Federal Government appointed by the President 
     of the United States, holds office, no funds may be obligated 
     or expended in excess of $5,000 to furnish or redecorate the 
     office of such department head, agency head, officer, or 
     employee, or to purchase furniture or make improvements for 
     any such office, unless advance notice of such furnishing or 
     redecoration is transmitted to the Committees on 
     Appropriations of the House of Representatives and the 
     Senate. For the purposes of this section, the term ``office'' 
     shall include the entire suite of offices assigned to the 
     individual, as well as any other space used primarily by the 
     individual or the use of which is directly controlled by the 
     individual.
       Sec. 711.  Notwithstanding section 31 U.S.C. 1346, or 
     section 708 of this Act, funds made available for the current 
     fiscal year by this or any other Act shall be available for 
     the interagency funding of national security and emergency 
     preparedness telecommunications initiatives which benefit 
     multiple Federal departments, agencies, or entities, as 
     provided by Executive Order No. 12472 (April 3, 1984).
       Sec. 712. (a) None of the funds appropriated by this or any 
     other Act may be obligated or expended by any Federal 
     department, agency, or other instrumentality for the salaries 
     or expenses of any employee appointed to a position of a 
     confidential or policy-determining character excepted from 
     the competitive service pursuant to 5 U.S.C. 3302, without a 
     certification to the Office of Personnel Management from the 
     head of the Federal department, agency, or other 
     instrumentality employing the Schedule C appointee that the 
     Schedule C position was not created solely or primarily in 
     order to detail the employee to the White House.

[[Page 20330]]

       (b) The provisions of this section shall not apply to 
     Federal employees or members of the armed forces detailed to 
     or from--
       (1) the Central Intelligence Agency;
       (2) the National Security Agency;
       (3) the Defense Intelligence Agency;
       (4) the National Geospatial-Intelligence Agency;
       (5) the offices within the Department of Defense for the 
     collection of specialized national foreign intelligence 
     through reconnaissance programs;
       (6) the Bureau of Intelligence and Research of the 
     Department of State;
       (7) any agency, office, or unit of the Army, Navy, Air 
     Force, or Marine Corps, the Department of Homeland Security, 
     the Federal Bureau of Investigation or the Drug Enforcement 
     Administration of the Department of Justice, the Department 
     of Transportation, the Department of the Treasury, or the 
     Department of Energy performing intelligence functions; or
       (8) the Director of National Intelligence or the Office of 
     the Director of National Intelligence.
       Sec. 713.  No part of any appropriation contained in this 
     or any other Act shall be available for the payment of the 
     salary of any officer or employee of the Federal Government, 
     who--
       (1) prohibits or prevents, or attempts or threatens to 
     prohibit or prevent, any other officer or employee of the 
     Federal Government from having any direct oral or written 
     communication or contact with any Member, committee, or 
     subcommittee of the Congress in connection with any matter 
     pertaining to the employment of such other officer or 
     employee or pertaining to the department or agency of such 
     other officer or employee in any way, irrespective of whether 
     such communication or contact is at the initiative of such 
     other officer or employee or in response to the request or 
     inquiry of such Member, committee, or subcommittee; or
       (2) removes, suspends from duty without pay, demotes, 
     reduces in rank, seniority, status, pay, or performance or 
     efficiency rating, denies promotion to, relocates, reassigns, 
     transfers, disciplines, or discriminates in regard to any 
     employment right, entitlement, or benefit, or any term or 
     condition of employment of, any other officer or employee of 
     the Federal Government, or attempts or threatens to commit 
     any of the foregoing actions with respect to such other 
     officer or employee, by reason of any communication or 
     contact of such other officer or employee with any Member, 
     committee, or subcommittee of the Congress as described in 
     paragraph (1).
       Sec. 714. (a) None of the funds made available in this or 
     any other Act may be obligated or expended for any employee 
     training that--
       (1) does not meet identified needs for knowledge, skills, 
     and abilities bearing directly upon the performance of 
     official duties;
       (2) contains elements likely to induce high levels of 
     emotional response or psychological stress in some 
     participants;
       (3) does not require prior employee notification of the 
     content and methods to be used in the training and written 
     end of course evaluation;
       (4) contains any methods or content associated with 
     religious or quasi-religious belief systems or ``new age'' 
     belief systems as defined in Equal Employment Opportunity 
     Commission Notice N-915.022, dated September 2, 1988; or
       (5) is offensive to, or designed to change, participants' 
     personal values or lifestyle outside the workplace.
       (b) Nothing in this section shall prohibit, restrict, or 
     otherwise preclude an agency from conducting training bearing 
     directly upon the performance of official duties.
       Sec. 715. (a) No funds appropriated in this or any other 
     Act may be used to implement or enforce the agreements in 
     Standard Forms 312 and 4414 of the Government or any other 
     nondisclosure policy, form, or agreement if such policy, 
     form, or agreement does not contain the following provisions: 
     ``These restrictions are consistent with and do not 
     supersede, conflict with, or otherwise alter the employee 
     obligations, rights, or liabilities created by Executive 
     Order No. 12958; section 7211 of title 5, United States Code 
     (governing disclosures to Congress); section 1034 of title 
     10, United States Code, as amended by the Military 
     Whistleblower Protection Act (governing disclosure to 
     Congress by members of the military); section 2302(b)(8) of 
     title 5, United States Code, as amended by the Whistleblower 
     Protection Act of 1989 (governing disclosures of illegality, 
     waste, fraud, abuse or public health or safety threats); the 
     Intelligence Identities Protection Act of 1982 (50 U.S.C. 421 
     et seq.) (governing disclosures that could expose 
     confidential Government agents); and the statutes which 
     protect against disclosure that may compromise the national 
     security, including sections 641, 793, 794, 798, and 952 of 
     title 18, United States Code, and section 4(b) of the 
     Subversive Activities Act of 1950 (50 U.S.C. 783(b)). The 
     definitions, requirements, obligations, rights, sanctions, 
     and liabilities created by said Executive order and listed 
     statutes are incorporated into this agreement and are 
     controlling.'':  Provided, That notwithstanding the preceding 
     provision of this section, a nondisclosure policy form or 
     agreement that is to be executed by a person connected with 
     the conduct of an intelligence or intelligence-related 
     activity, other than an employee or officer of the United 
     States Government, may contain provisions appropriate to the 
     particular activity for which such document is to be used. 
     Such form or agreement shall, at a minimum, require that the 
     person will not disclose any classified information received 
     in the course of such activity unless specifically authorized 
     to do so by the United States Government. Such nondisclosure 
     forms shall also make it clear that they do not bar 
     disclosures to Congress, or to an authorized official of an 
     executive agency or the Department of Justice, that are 
     essential to reporting a substantial violation of law.
       (b) Effective 180 days after enactment of this Act, 
     subsection (a) is amended by--
       (1) striking ``Executive Order No. 12958'' and inserting 
     ``Executive Order No. 13526 (75 Fed. Reg. 707), or any 
     successor thereto'';
       (2) after ``the Intelligence Identities Protection Act of 
     1982 (50 U.S.C. 421 et seq.) (governing disclosures that 
     could expose confidential Government agents);'' inserting 
     ``sections 7(c) and 8H of the Inspector General Act of 1978 
     (5 U.S.C. App.) (relating to disclosures to an inspector 
     general, the inspectors general of the Intelligence 
     Community, and Congress); section 103H(g)(3) of the National 
     Security Act of 1947 (50 U.S.C. 403-3h(g)(3) (relating to 
     disclosures to the inspector general of the Intelligence 
     Community); sections 17(d)(5) and 17(e)(3) of the Central 
     Intelligence Agency Act of 1949 (50 U.S.C. 403q(d)(5) and 
     403q(e)(3)) (relating to disclosures to the Inspector General 
     of the Central Intelligence Agency and Congress);''; and
       (3) after ``Subversive Activities'' inserting ``Control''.
       (c) A nondisclosure agreement entered into before the 
     effective date of the amendment in subsection (b) may 
     continue to be implemented and enforced after that effective 
     date if it complies with the requirements of subsection (a) 
     that were in effect prior to the effective date of the 
     amendment in subsection (b).
       Sec. 716.  No part of any funds appropriated in this or any 
     other Act shall be used by an agency of the executive branch, 
     other than for normal and recognized executive-legislative 
     relationships, for publicity or propaganda purposes, and for 
     the preparation, distribution or use of any kit, pamphlet, 
     booklet, publication, radio, television, or film presentation 
     designed to support or defeat legislation pending before the 
     Congress, except in presentation to the Congress itself.
       Sec. 717.  None of the funds appropriated by this or any 
     other Act may be used by an agency to provide a Federal 
     employee's home address to any labor organization except when 
     the employee has authorized such disclosure or when such 
     disclosure has been ordered by a court of competent 
     jurisdiction.
       Sec. 718.  None of the funds made available in this Act or 
     any other Act may be used to provide any non-public 
     information such as mailing or telephone lists to any person 
     or any organization outside of the Federal Government without 
     the approval of the Committees on Appropriations of the House 
     of Representatives and the Senate.
       Sec. 719.  No part of any appropriation contained in this 
     or any other Act shall be used directly or indirectly, 
     including by private contractor, for publicity or propaganda 
     purposes within the United States not heretofore authorized 
     by the Congress.
       Sec. 720. (a) In this section, the term ``agency''--
       (1) means an Executive agency, as defined under 5 U.S.C. 
     105; and
       (2) includes a military department, as defined under 
     section 102 of such title, the Postal Service, and the Postal 
     Regulatory Commission.
       (b) Unless authorized in accordance with law or regulations 
     to use such time for other purposes, an employee of an agency 
     shall use official time in an honest effort to perform 
     official duties. An employee not under a leave system, 
     including a Presidential appointee exempted under 5 U.S.C. 
     6301(2), has an obligation to expend an honest effort and a 
     reasonable proportion of such employee's time in the 
     performance of official duties.
       Sec. 721.  Notwithstanding 31 U.S.C. 1346 and section 708 
     of this Act, funds made available for the current fiscal year 
     by this or any other Act to any department or agency, which 
     is a member of the Federal Accounting Standards Advisory 
     Board (FASAB), shall be available to finance an appropriate 
     share of FASAB administrative costs.

                          (transfer of funds)

       Sec. 722.  Notwithstanding 31 U.S.C. 1346 and section 708 
     of this Act, the head of each Executive department and agency 
     is hereby authorized to transfer to or reimburse ``General 
     Services Administration, Government-wide Policy'' with the 
     approval of the Director of the Office of Management and 
     Budget, funds made available for the current fiscal year by 
     this or any other Act, including rebates from charge card and 
     other contracts:  Provided, That these funds shall be 
     administered by the Administrator of General Services to 
     support Government-wide and other multi-agency financial, 
     information technology, procurement, and other management 
     innovations, initiatives, and activities, as approved by the 
     Director of the Office of Management and Budget, in 
     consultation with the appropriate interagency and multi-
     agency groups designated by the Director (including the 
     President's Management Council for overall management 
     improvement initiatives, the Chief Financial Officers Council 
     for financial management initiatives, the Chief Information 
     Officers Council for information technology initiatives, the 
     Chief Human Capital Officers Council for human capital 
     initiatives, the Chief Acquisition Officers Council for 
     procurement initiatives, and the Performance Improvement 
     Council for performance improvement initiatives):  Provided 
     further, That the total funds transferred or reimbursed shall 
     not exceed $17,000,000 for Government-Wide innovations, 
     initiatives,

[[Page 20331]]

     and activities:  Provided further, That the funds transferred 
     to or for reimbursement of ``General Services Administration, 
     Government-wide Policy'' during fiscal year 2012 shall remain 
     available for obligation through September 30, 2013:  
     Provided further, That such transfers or reimbursements may 
     only be made after 15 days following notification of the 
     Committees on Appropriations by the Director of the Office of 
     Management and Budget.
       Sec. 723.  Notwithstanding any other provision of law, a 
     woman may breastfeed her child at any location in a Federal 
     building or on Federal property, if the woman and her child 
     are otherwise authorized to be present at the location.
       Sec. 724.  Notwithstanding 31 U.S.C. 1346, or section 708 
     of this Act, funds made available for the current fiscal year 
     by this or any other Act shall be available for the 
     interagency funding of specific projects, workshops, studies, 
     and similar efforts to carry out the purposes of the National 
     Science and Technology Council (authorized by Executive Order 
     No. 12881), which benefit multiple Federal departments, 
     agencies, or entities:  Provided, That the Office of 
     Management and Budget shall provide a report describing the 
     budget of and resources connected with the National Science 
     and Technology Council to the Committees on Appropriations, 
     the House Committee on Science and Technology, and the Senate 
     Committee on Commerce, Science, and Transportation 90 days 
     after enactment of this Act.
       Sec. 725.  Any request for proposals, solicitation, grant 
     application, form, notification, press release, or other 
     publications involving the distribution of Federal funds 
     shall indicate the agency providing the funds, the Catalog of 
     Federal Domestic Assistance Number, as applicable, and the 
     amount provided:  Provided, That this provision shall apply 
     to direct payments, formula funds, and grants received by a 
     State receiving Federal funds.
       Sec. 726. (a) Prohibition of Federal Agency Monitoring of 
     Individuals' Internet Use.--None of the funds made available 
     in this or any other Act may be used by any Federal agency--
       (1) to collect, review, or create any aggregation of data, 
     derived from any means, that includes any personally 
     identifiable information relating to an individual's access 
     to or use of any Federal Government Internet site of the 
     agency; or
       (2) to enter into any agreement with a third party 
     (including another government agency) to collect, review, or 
     obtain any aggregation of data, derived from any means, that 
     includes any personally identifiable information relating to 
     an individual's access to or use of any nongovernmental 
     Internet site.
       (b) Exceptions.--The limitations established in subsection 
     (a) shall not apply to--
       (1) any record of aggregate data that does not identify 
     particular persons;
       (2) any voluntary submission of personally identifiable 
     information;
       (3) any action taken for law enforcement, regulatory, or 
     supervisory purposes, in accordance with applicable law; or
       (4) any action described in subsection (a)(1) that is a 
     system security action taken by the operator of an Internet 
     site and is necessarily incident to providing the Internet 
     site services or to protecting the rights or property of the 
     provider of the Internet site.
       (c) Definitions.--For the purposes of this section:
       (1) The term ``regulatory'' means agency actions to 
     implement, interpret or enforce authorities provided in law.
       (2) The term ``supervisory'' means examinations of the 
     agency's supervised institutions, including assessing safety 
     and soundness, overall financial condition, management 
     practices and policies and compliance with applicable 
     standards as provided in law.
       Sec. 727. (a) None of the funds appropriated by this Act 
     may be used to enter into or renew a contract which includes 
     a provision providing prescription drug coverage, except 
     where the contract also includes a provision for 
     contraceptive coverage.
       (b) Nothing in this section shall apply to a contract 
     with--
       (1) any of the following religious plans:
       (A) Personal Care's HMO; and
       (B) OSF HealthPlans, Inc.; and
       (2) any existing or future plan, if the carrier for the 
     plan objects to such coverage on the basis of religious 
     beliefs.
       (c) In implementing this section, any plan that enters into 
     or renews a contract under this section may not subject any 
     individual to discrimination on the basis that the individual 
     refuses to prescribe or otherwise provide for contraceptives 
     because such activities would be contrary to the individual's 
     religious beliefs or moral convictions.
       (d) Nothing in this section shall be construed to require 
     coverage of abortion or abortion-related services.
       Sec. 728.  The United States is committed to ensuring the 
     health of its Olympic, Pan American, and Paralympic athletes, 
     and supports the strict adherence to anti-doping in sport 
     through testing, adjudication, education, and research as 
     performed by nationally recognized oversight authorities.
       Sec. 729.  Notwithstanding any other provision of law, 
     funds appropriated for official travel by Federal departments 
     and agencies may be used by such departments and agencies, if 
     consistent with Office of Management and Budget Circular A-
     126 regarding official travel for Government personnel, to 
     participate in the fractional aircraft ownership pilot 
     program.
       Sec. 730.  Notwithstanding any other provision of law, none 
     of the funds appropriated or made available under this Act or 
     any other appropriations Act may be used to implement or 
     enforce restrictions or limitations on the Coast Guard 
     Congressional Fellowship Program, or to implement the 
     proposed regulations of the Office of Personnel Management to 
     add sections 300.311 through 300.316 to part 300 of title 5 
     of the Code of Federal Regulations, published in the Federal 
     Register, volume 68, number 174, on September 9, 2003 
     (relating to the detail of executive branch employees to the 
     legislative branch).
       Sec. 731.  Notwithstanding any other provision of law, no 
     executive branch agency shall purchase, construct, and/or 
     lease any additional facilities, except within or contiguous 
     to existing locations, to be used for the purpose of 
     conducting Federal law enforcement training without the 
     advance approval of the Committees on Appropriations of the 
     House of Representatives and the Senate, except that the 
     Federal Law Enforcement Training Center is authorized to 
     obtain the temporary use of additional facilities by lease, 
     contract, or other agreement for training which cannot be 
     accommodated in existing Center facilities.
       Sec. 732. (a) For fiscal year 2012, no funds shall be 
     available for transfers or reimbursements to the E-Government 
     initiatives sponsored by the Office of Management and Budget 
     prior to 15 days following submission of a report to the 
     Committees on Appropriations of the House of Representatives 
     and the Senate by the Director of the Office of Management 
     and Budget and receipt of approval to transfer funds by the 
     Committees on Appropriations of the House of Representatives 
     and the Senate.
       (b) The report in subsection (a) and other required 
     justification materials shall include at a minimum--
       (1) a description of each initiative including but not 
     limited to its objectives, benefits, development status, 
     risks, cost effectiveness (including estimated net costs or 
     savings to the government), and the estimated date of full 
     operational capability;
       (2) the total development cost of each initiative by fiscal 
     year including costs to date, the estimated costs to complete 
     its development to full operational capability, and estimated 
     annual operations and maintenance costs; and
       (3) the sources and distribution of funding by fiscal year 
     and by agency and bureau for each initiative including agency 
     contributions to date and estimated future contributions by 
     agency.
       (c) No funds shall be available for obligation or 
     expenditure for new E-Government initiatives without the 
     explicit approval of the Committees on Appropriations of the 
     House of Representatives and the Senate.
       Sec. 733.  None of the funds appropriated or otherwise made 
     available by this or any other Act may be used to begin or 
     announce a study or public-private competition regarding the 
     conversion to contractor performance of any function 
     performed by Federal employees pursuant to Office of 
     Management and Budget Circular A-76 or any other 
     administrative regulation, directive, or policy.
       Sec. 734.  Unless otherwise authorized by existing law, 
     none of the funds provided in this Act or any other Act may 
     be used by an executive branch agency to produce any 
     prepackaged news story intended for broadcast or distribution 
     in the United States, unless the story includes a clear 
     notification within the text or audio of the prepackaged news 
     story that the prepackaged news story was prepared or funded 
     by that executive branch agency.
       Sec. 735.  None of the funds made available in this Act may 
     be used in contravention of section 552a of title 5, United 
     States Code (popularly known as the Privacy Act) and 
     regulations implementing that section.
       Sec. 736.  Each executive department and agency shall 
     evaluate the creditworthiness of an individual before issuing 
     the individual a government travel charge card. Such 
     evaluations for individually billed travel charge cards shall 
     include an assessment of the individual's consumer report 
     from a consumer reporting agency as those terms are defined 
     in section 603 of the Fair Credit Reporting Act (Public Law 
     91-508):  Provided, That the department or agency may not 
     issue a government travel charge card to an individual that 
     either lacks a credit history or is found to have an 
     unsatisfactory credit history as a result of this evaluation: 
      Provided further, That this restriction shall not preclude 
     issuance of a restricted-use charge, debit, or stored value 
     card made in accordance with agency procedures to: (1) an 
     individual with an unsatisfactory credit history where such 
     card is used to pay travel expenses and the agency determines 
     there is no suitable alternative payment mechanism available 
     before issuing the card; or (2) an individual who lacks a 
     credit history. Each executive department and agency shall 
     establish guidelines and procedures for disciplinary actions 
     to be taken against agency personnel for improper, 
     fraudulent, or abusive use of government charge cards, which 
     shall include appropriate disciplinary actions for use of 
     charge cards for purposes, and at establishments, that are 
     inconsistent with the official business of the Department or 
     agency or with applicable standards of conduct.
       Sec. 737. (a) Definitions.--For purposes of this section 
     the following definitions apply:
       (1) Great lakes.--The terms ``Great Lakes'' and ``Great 
     Lakes State'' have the same meanings as such terms have in 
     section 506 of the Water Resources Development Act of 2000 
     (42 U.S.C. 1962d-22).

[[Page 20332]]

       (2) Great lakes restoration activities.--The term ``Great 
     Lakes restoration activities'' means any Federal or State 
     activity primarily or entirely within the Great Lakes 
     watershed that seeks to improve the overall health of the 
     Great Lakes ecosystem.
       (b) Report.--Not later than 45 days after submission of the 
     budget of the President to Congress, the Director of the 
     Office of Management and Budget, in coordination with the 
     Governor of each Great Lakes State and the Great Lakes 
     Interagency Task Force, shall submit to the appropriate 
     authorizing and appropriating committees of the Senate and 
     the House of Representatives a financial report, certified by 
     the Secretary of each agency that has budget authority for 
     Great Lakes restoration activities, containing--
       (1) an interagency budget crosscut report that--
       (A) displays the budget proposed, including any planned 
     interagency or intra-agency transfer, for each of the Federal 
     agencies that carries out Great Lakes restoration activities 
     in the upcoming fiscal year, separately reporting the amount 
     of funding to be provided under existing laws pertaining to 
     the Great Lakes ecosystem; and
       (B) identifies all expenditures since fiscal year 2004 by 
     the Federal Government and State governments for Great Lakes 
     restoration activities;
       (2) a detailed accounting of all funds received and 
     obligated by all Federal agencies and, to the extent 
     available, State agencies using Federal funds, for Great 
     Lakes restoration activities during the current and previous 
     fiscal years;
       (3) a budget for the proposed projects (including a 
     description of the project, authorization level, and project 
     status) to be carried out in the upcoming fiscal year with 
     the Federal portion of funds for activities; and
       (4) a listing of all projects to be undertaken in the 
     upcoming fiscal year with the Federal portion of funds for 
     activities.
       Sec. 738. (a) In General.--None of the funds appropriated 
     or otherwise made available by this or any other Act may be 
     used for any Federal Government contract with any foreign 
     incorporated entity which is treated as an inverted domestic 
     corporation under section 835(b) of the Homeland Security Act 
     of 2002 (6 U.S.C. 395(b)) or any subsidiary of such an 
     entity.
       (b) Waivers.--
       (1) In general.--Any Secretary shall waive subsection (a) 
     with respect to any Federal Government contract under the 
     authority of such Secretary if the Secretary determines that 
     the waiver is required in the interest of national security.
       (2) Report to congress.--Any Secretary issuing a waiver 
     under paragraph (1) shall report such issuance to Congress.
       (c) Exception.--This section shall not apply to any Federal 
     Government contract entered into before the date of the 
     enactment of this Act, or to any task order issued pursuant 
     to such contract.
       Sec. 739.  None of the funds made available by this or any 
     other Act may be used to implement, administer, enforce, or 
     apply the rule entitled ``Competitive Area'' published by the 
     Office of Personnel Management in the Federal Register on 
     April 15, 2008 (73 Fed. Reg. 20180 et seq.).
       Sec. 740.  Section 743 of the Consolidated Appropriations 
     Act, 2010 (Public Law 111-117; 31 U.S.C. 501 note) is amended 
     in subsection (a)(3), by inserting after ``exercise of an 
     option'' the following: ``, and task orders issued under any 
     such contract,''.
       Sec. 741.  During fiscal year 2012, for each employee who--
       (1) retires under section 8336(d)(2) or 8414(b)(1)(B) of 
     title 5, United States Code, or
       (2) retires under any other provision of subchapter III of 
     chapter 83 or chapter 84 of such title 5 and receives a 
     payment as an incentive to separate, the separating agency 
     shall remit to the Civil Service Retirement and Disability 
     Fund an amount equal to the Office of Personnel Management's 
     average unit cost of processing a retirement claim for the 
     preceding fiscal year. Such amounts shall be available until 
     expended to the Office of Personnel Management and shall be 
     deemed to be an administrative expense under section 
     8348(a)(1)(B) of title 5, United States Code.
       Sec. 742.  Except as expressly provided otherwise, any 
     reference to ``this Act'' contained in any title other than 
     title IV or VIII shall not apply to such title IV or VIII.
       Sec. 743. (a) None of the funds made available in this or 
     any other Act may be used to recommend or require any entity 
     submitting an offer for a Federal contract to disclose any of 
     the following information as a condition of submitting the 
     offer:
       (1) Any payment consisting of a contribution, expenditure, 
     independent expenditure, or disbursement for an 
     electioneering communication that is made by the entity, its 
     officers or directors, or any of its affiliates or 
     subsidiaries to a candidate for election for Federal office 
     or to a political committee, or that is otherwise made with 
     respect to any election for Federal office.
       (2) Any disbursement of funds (other than a payment 
     described in paragraph (1)) made by the entity, its officers 
     or directors, or any of its affiliates or subsidiaries to any 
     person with the intent or the reasonable expectation that the 
     person will use the funds to make a payment described in 
     paragraph (1).
       (b) In this section, each of the terms ``contribution'', 
     ``expenditure'', ``independent expenditure'', 
     ``electioneering communication'', ``candidate'', 
     ``election'', and ``Federal office'' has the meaning given 
     such term in the Federal Election Campaign Act of 1971 (2 
     U.S.C. 431 et seq.).
       Sec. 744. Notwithstanding any other provision of law, until 
     September 30, 2013, of the amounts made available for 
     information technology investments under the heading 
     ``Independent Agencies, Commodity Futures Trading 
     Commission'' in the Agriculture, Rural Development, Food and 
     Drug Administration, and Related Agencies Appropriations Act, 
     2012 (division A of Public Law 112-55), the Chairman of the 
     Commodity Futures Trading Commission may transfer not to 
     exceed $10,000,000 under such heading for salaries and 
     expenses of such Commission: Provided, That any transfer 
     pursuant to this section shall be subject to the notification 
     procedures set forth in section 730 of such Act with respect 
     to a reprogramming of funds and shall not be available for 
     obligation or expenditure except in compliance with such 
     procedures.

                               TITLE VIII

                GENERAL PROVISIONS--DISTRICT OF COLUMBIA

                     (including transfer of funds)

       Sec. 801.  There are appropriated from the applicable funds 
     of the District of Columbia such sums as may be necessary for 
     making refunds and for the payment of legal settlements or 
     judgments that have been entered against the District of 
     Columbia government.
       Sec. 802.  None of the Federal funds provided in this Act 
     shall be used for publicity or propaganda purposes or 
     implementation of any policy including boycott designed to 
     support or defeat legislation pending before Congress or any 
     State legislature.
       Sec. 803. (a) None of the Federal funds provided under this 
     Act to the agencies funded by this Act, both Federal and 
     District government agencies, that remain available for 
     obligation or expenditure in fiscal year 2012, or provided 
     from any accounts in the Treasury of the United States 
     derived by the collection of fees available to the agencies 
     funded by this Act, shall be available for obligation or 
     expenditures for an agency through a reprogramming of funds 
     which--
       (1) creates new programs;
       (2) eliminates a program, project, or responsibility 
     center;
       (3) establishes or changes allocations specifically denied, 
     limited or increased under this Act;
       (4) increases funds or personnel by any means for any 
     program, project, or responsibility center for which funds 
     have been denied or restricted;
       (5) re-establishes any program or project previously 
     deferred through reprogramming;
       (6) augments any existing program, project, or 
     responsibility center through a reprogramming of funds in 
     excess of $3,000,000 or 10 percent, whichever is less; or
       (7) increases by 20 percent or more personnel assigned to a 
     specific program, project or responsibility center,

     unless the Committees on Appropriations of the House of 
     Representatives and the Senate are notified in writing 15 
     days in advance of the reprogramming.
       (b) The District of Columbia government is authorized to 
     approve and execute reprogramming and transfer requests of 
     local funds under this title through November 1, 2012.
       Sec. 804.  None of the Federal funds provided in this Act 
     may be used by the District of Columbia to provide for 
     salaries, expenses, or other costs associated with the 
     offices of United States Senator or United States 
     Representative under section 4(d) of the District of Columbia 
     Statehood Constitutional Convention Initiatives of 1979 (D.C. 
     Law 3-171; D.C. Official Code, sec. 1-123).
       Sec. 805.  Except as otherwise provided in this section, 
     none of the funds made available by this Act or by any other 
     Act may be used to provide any officer or employee of the 
     District of Columbia with an official vehicle unless the 
     officer or employee uses the vehicle only in the performance 
     of the officer's or employee's official duties. For purposes 
     of this section, the term ``official duties'' does not 
     include travel between the officer's or employee's residence 
     and workplace, except in the case of--
       (1) an officer or employee of the Metropolitan Police 
     Department who resides in the District of Columbia or a 
     District of Columbia government employee as may otherwise be 
     designated by the Chief of the Department;
       (2) at the discretion of the Fire Chief, an officer or 
     employee of the District of Columbia Fire and Emergency 
     Medical Services Department who resides in the District of 
     Columbia and is on call 24 hours a day or is otherwise 
     designated by the Fire Chief;
       (3) at the discretion of the Director of the Department of 
     Corrections, an officer or employee of the District of 
     Columbia Department of Corrections who resides in the 
     District of Columbia and is on call 24 hours a day or is 
     otherwise designated by the Director;
       (4) the Mayor of the District of Columbia; and
       (5) the Chairman of the Council of the District of 
     Columbia.
       Sec. 806. (a) None of the Federal funds contained in this 
     Act may be used by the District of Columbia Attorney General 
     or any other officer or entity of the District government to 
     provide assistance for any petition drive or civil action 
     which seeks to require Congress to provide for voting 
     representation in Congress for the District of Columbia.
       (b) Nothing in this section bars the District of Columbia 
     Attorney General from reviewing or commenting on briefs in 
     private lawsuits, or from consulting with officials of the 
     District government regarding such lawsuits.
       Sec. 807.  None of the Federal funds contained in this Act 
     may be used to distribute any needle

[[Page 20333]]

     or syringe for the purpose of preventing the spread of blood 
     borne pathogens in any location that has been determined by 
     the local public health or local law enforcement authorities 
     to be inappropriate for such distribution.
       Sec. 808.  Nothing in this Act may be construed to prevent 
     the Council or Mayor of the District of Columbia from 
     addressing the issue of the provision of contraceptive 
     coverage by health insurance plans, but it is the intent of 
     Congress that any legislation enacted on such issue should 
     include a ``conscience clause'' which provides exceptions for 
     religious beliefs and moral convictions.
       Sec. 809.  Hereafter, as part of the submission of the 
     annual budget justification, the Mayor of the District of 
     Columbia shall submit to the Committees on Appropriations of 
     the House of Representatives and the Senate, the Committee on 
     Oversight and Government Reform of the House of 
     Representatives, and the Committee on Homeland Security and 
     Governmental Affairs of the Senate a report addressing--
       (1) crime, including the homicide rate, implementation of 
     community policing, and the number of police officers on 
     local beats;
       (2) access to substance and alcohol abuse treatment, 
     including the number of treatment slots, the number of people 
     served, the number of people on waiting lists, and the 
     effectiveness of treatment programs, the retention rates in 
     treatment programs, and the recidivism/re-arrest rates for 
     treatment participants;
       (3) education, including access to special education 
     services and student achievement to be provided in 
     consultation with the District of Columbia Public Schools, 
     repeated grade rates, high school graduation rates, and post-
     secondary education attendance rates;
       (4) improvement in basic District services, including rat 
     control and abatement; and
       (5) application for and management of Federal grants, 
     including the number and type of grants for which the 
     District was eligible but failed to apply and the number and 
     type of grants awarded to the District but for which the 
     District failed to spend the amounts received.
       Sec. 810.  None of the Federal funds contained in this Act 
     may be used to enact or carry out any law, rule, or 
     regulation to legalize or otherwise reduce penalties 
     associated with the possession, use, or distribution of any 
     schedule I substance under the Controlled Substances Act (21 
     U.S.C. 801 et seq.) or any tetrahydrocannabinols derivative.
       Sec. 811.  None of the funds appropriated under this Act 
     shall be expended for any abortion except where the life of 
     the mother would be endangered if the fetus were carried to 
     term or where the pregnancy is the result of an act of rape 
     or incest.
       Sec. 812. (a) No later than 30 calendar days after the date 
     of the enactment of this Act, the Chief Financial Officer for 
     the District of Columbia shall submit to the appropriate 
     committees of Congress, the Mayor, and the Council of the 
     District of Columbia, a revised appropriated funds operating 
     budget in the format of the budget that the District of 
     Columbia government submitted pursuant to section 442 of the 
     District of Columbia Home Rule Act (D.C. Official Code, sec. 
     1-204.42), for all agencies of the District of Columbia 
     government for fiscal year 2012 that is in the total amount 
     of the approved appropriation and that realigns all budgeted 
     data for personal services and other-than-personal services, 
     respectively, with anticipated actual expenditures.
       (b) This section shall apply only to an agency for which 
     the Chief Financial Officer for the District of Columbia 
     certifies that a reallocation is required to address 
     unanticipated changes in program requirements.
       Sec. 813.  No later than 30 calendar days after the date of 
     the enactment of this Act, the Chief Financial Officer for 
     the District of Columbia shall submit to the appropriate 
     committees of Congress, the Mayor, and the Council for the 
     District of Columbia, a revised appropriated funds operating 
     budget for the District of Columbia Public Schools that 
     aligns schools budgets to actual enrollment. The revised 
     appropriated funds budget shall be in the format of the 
     budget that the District of Columbia government submitted 
     pursuant to section 442 of the District of Columbia Home Rule 
     Act (D.C. Official Code, Sec. 1-204.42).
       Sec. 814.  Amounts appropriated in this Act as operating 
     funds may be transferred to the District of Columbia's 
     enterprise and capital funds and such amounts, once 
     transferred, shall retain appropriation authority consistent 
     with the provisions of this Act.
       Sec. 815.  Notwithstanding any other laws, for this and 
     succeeding fiscal years, the Director of the District of 
     Columbia Public Defender Service shall, to the extent the 
     Director considers appropriate, provide representation for 
     and hold harmless, or provide liability insurance for, any 
     person who is an employee, member of the Board of Trustees, 
     or officer of the District of Columbia Public Defender 
     Service for money damages arising out of any claim, 
     proceeding, or case at law relating to the furnishing of 
     representational services or management services or related 
     services while acting within the scope of that person's 
     office or employment, including, but not limited to such 
     claims, proceedings, or cases at law involving employment 
     actions, injury, loss of liberty, property damage, loss of 
     property, or personal injury, or death arising from 
     malpractice or negligence of any such officer or employee.
       Sec. 816.  Section 346 of the District of Columbia 
     Appropriations Act, 2005 (Public Law 108-335) is amended--
       (1) in the title, by striking ``Biennial'';
       (2) in subsection (a), by striking ``Biennial management'' 
     and inserting ``Management'';
       (3) in subsection (a), by striking ``States.'' and 
     inserting ``States every five years.''; and
       (4) in subsection (b)(6), by striking ``2'' and inserting 
     ``5''.
       Sec. 817.  Except as expressly provided otherwise, any 
     reference to ``this Act'' contained in this title or in title 
     IV shall be treated as referring only to the provisions of 
     this title or of title IV.
       This division may be cited as the ``Financial Services and 
     General Government Appropriations Act, 2012''.

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

                                TITLE I

                 DEPARTMENTAL MANAGEMENT AND OPERATIONS

            Office of the Secretary and Executive Management

       For necessary expenses of the Office of the Secretary of 
     Homeland Security, as authorized by section 102 of the 
     Homeland Security Act of 2002 (6 U.S.C. 112), and executive 
     management of the Department of Homeland Security, as 
     authorized by law, $133,159,000:  Provided, That not to 
     exceed $51,000 shall be for official reception and 
     representation expenses, of which $17,000 shall be made 
     available to the Office of Policy for Visa Waiver Program 
     negotiations in Washington, DC, and for other international 
     activities:  Provided further, That all official costs 
     associated with the use of government aircraft by Department 
     of Homeland Security personnel to support official travel of 
     the Secretary and the Deputy Secretary shall be paid from 
     amounts made available for the Immediate Office of the 
     Secretary and the Immediate Office of the Deputy Secretary:  
     Provided further, That of the total amount made available 
     under this heading, $1,800,000 shall remain available until 
     March 30, 2012, for the Office of Counternarcotics 
     Enforcement, of which up to $1,800,000 may, notwithstanding 
     section 503 of this Act, be transferred to the Office of 
     Policy:  Provided further, That amounts transferred pursuant 
     to the preceding proviso shall remain available until 
     September 30, 2012:  Provided further, That the Assistant 
     Secretary for Policy shall submit to the Committees on 
     Appropriations of the Senate and the House of Representatives 
     not later than March 30, 2012, an expenditure plan for the 
     Office of Policy which includes a detailed description of any 
     funds transferred to the Office for counternarcotics 
     enforcement and activities related to risk management and 
     analysis:  Provided further, That $30,000,000 shall not be 
     available for obligation until the Secretary of Homeland 
     Security submits to the Committees on Appropriations of the 
     Senate and the House of Representatives a comprehensive plan 
     for implementation of the biometric air exit system, as 
     mandated in Public Law 110-53, including the estimated costs 
     of implementation.

              Office of the Under Secretary for Management

       For necessary expenses of the Office of the Under Secretary 
     for Management, as authorized by sections 701 through 705 of 
     the Homeland Security Act of 2002 (6 U.S.C. 341 through 345), 
     $235,587,000, of which not to exceed $2,500 shall be for 
     official reception and representation expenses:  Provided, 
     That of the total amount made available under this heading, 
     $5,000,000 shall remain available until September 30, 2016, 
     solely for the alteration and improvement of facilities, 
     tenant improvements, and relocation costs to consolidate 
     Department headquarters operations at the Nebraska Avenue 
     Complex; and $14,172,000 shall remain available until 
     September 30, 2014, for the Human Resources Information 
     Technology program:  Provided further, That the Under 
     Secretary for Management shall, pursuant to the requirements 
     contained in the joint statement of managers accompanying 
     this Act, provide to the Committees on Appropriations of the 
     Senate and the House of Representatives a Comprehensive 
     Acquisition Status Report with the President's budget for 
     fiscal year 2013 as submitted under section 1105(a) of title 
     31, United States Code, and quarterly updates to such report 
     not later than 30 days after the completion of each quarter.

                 Office of the Chief Financial Officer

       For necessary expenses of the Office of the Chief Financial 
     Officer, as authorized by section 103 of the Homeland 
     Security Act of 2002 (6 U.S.C. 113), $50,860,000.

                Office of the Chief Information Officer

       For necessary expenses of the Office of the Chief 
     Information Officer, as authorized by section 103 of the 
     Homeland Security Act of 2002 (6 U.S.C. 113), and Department-
     wide technology investments, $257,300,000; of which 
     $105,500,000 shall be available for salaries and expenses; 
     and of which $151,800,000, to remain available until 
     September 30, 2014, shall be available for development and 
     acquisition of information technology equipment, software, 
     services, and related activities for the Department of 
     Homeland Security:  Provided, That the Department of Homeland 
     Security Chief Information Officer shall submit to the 
     Committees on Appropriations of the Senate and the House of 
     Representatives, at the time that the President's budget is 
     submitted each year under section 1105(a) of title 31, United 
     States Code, a multi-year investment and management plan, to 
     include each of fiscal years 2012 through 2015, for all 
     information technology acquisition projects funded under this 
     heading or funded by multiple components of the Department of 
     Homeland Security through reimbursable agreements, that 
     includes--

[[Page 20334]]

       (1) the proposed appropriations included for each project 
     and activity tied to mission requirements, program management 
     capabilities, performance levels, and specific capabilities 
     and services to be delivered;
       (2) the total estimated cost and projected timeline of 
     completion for all multi-year enhancements, modernizations, 
     and new capabilities that are proposed in such budget or 
     underway;
       (3) a detailed accounting of operations and maintenance and 
     contractor services costs; and
       (4) a current acquisition program baseline for each 
     project, that--
       (A) notes and explains any deviations in cost, performance 
     parameters, schedule, or estimated date of completion from 
     the original acquisition program baseline;
       (B) aligns the acquisition programs covered by the baseline 
     to mission requirements by defining existing capabilities, 
     identifying known capability gaps between such existing 
     capabilities and stated mission requirements, and explaining 
     how each increment will address such known capability gaps; 
     and
       (C) defines life-cycle costs for such programs.

                        Analysis and Operations

       For necessary expenses for intelligence analysis and 
     operations coordination activities, as authorized by title II 
     of the Homeland Security Act of 2002 (6 U.S.C. 121 et seq.), 
     $338,068,000; of which not to exceed $4,250 shall be for 
     official reception and representation expenses; and of which 
     $141,521,000 shall remain available until September 30, 2013.

                      Office of Inspector General

       For necessary expenses of the Office of Inspector General 
     in carrying out the provisions of the Inspector General Act 
     of 1978 (5 U.S.C. App.), $117,000,000, of which not to exceed 
     $300,000 may be used for certain confidential operational 
     expenses, including the payment of informants, to be expended 
     at the direction of the Inspector General.

                                TITLE II

               SECURITY, ENFORCEMENT, AND INVESTIGATIONS

                   U.S. Customs and Border Protection

                         salaries and expenses

       For necessary expenses for enforcement of laws relating to 
     border security, immigration, customs, agricultural 
     inspections and regulatory activities related to plant and 
     animal imports, and transportation of unaccompanied minor 
     aliens; purchase and lease of up to 7,500 (6,500 for 
     replacement only) police-type vehicles; and contracting with 
     individuals for personal services abroad; $8,680,118,000; of 
     which $3,274,000 shall be derived from the Harbor Maintenance 
     Trust Fund for administrative expenses related to the 
     collection of the Harbor Maintenance Fee pursuant to section 
     9505(c)(3) of the Internal Revenue Code of 1986 (26 U.S.C. 
     9505(c)(3)) and notwithstanding section 1511(e)(1) of the 
     Homeland Security Act of 2002 (6 U.S.C. 551(e)(1)); of which 
     not to exceed $38,250 shall be for official reception and 
     representation expenses; of which not less than $287,901,000 
     shall be for Air and Marine Operations; of which such sums as 
     become available in the Customs User Fee Account, except sums 
     subject to section 13031(f)(3) of the Consolidated Omnibus 
     Budget Reconciliation Act of 1985 (19 U.S.C. 58c(f)(3)), 
     shall be derived from that account; of which not to exceed 
     $150,000 shall be available for payment for rental space in 
     connection with preclearance operations; of which not to 
     exceed $1,000,000 shall be for awards of compensation to 
     informants, to be accounted for solely under the certificate 
     of the Secretary of Homeland Security:  Provided, That for 
     fiscal year 2012, the overtime limitation prescribed in 
     section 5(c)(1) of the Act of February 13, 1911 (19 U.S.C. 
     267(c)(1)) shall be $35,000; and notwithstanding any other 
     provision of law, none of the funds appropriated by this Act 
     may be available to compensate any employee of U.S. Customs 
     and Border Protection for overtime, from whatever source, in 
     an amount that exceeds such limitation, except in individual 
     cases determined by the Secretary of Homeland Security, or 
     the designee of the Secretary, to be necessary for national 
     security purposes, to prevent excessive costs, or in cases of 
     immigration emergencies:  Provided further, That the Border 
     Patrol shall maintain an active duty presence of not less 
     than 21,370 full-time equivalent agents protecting the 
     borders of the United States in the fiscal year:  Provided 
     further, That the Commissioner of U.S. Customs and Border 
     Protection shall submit to the Committees on Appropriations 
     of the Senate and the House of Representatives, with the 
     congressional budget justification, a multi-year investment 
     and management plan, to include each fiscal year starting 
     with the current fiscal year and the 3 subsequent fiscal 
     years, for inspection and detection technology supporting 
     operations under this heading, including all non-intrusive 
     inspection and radiation detection technology, that 
     provides--
       (1) the funding level for all inspection and detection 
     technology equipment by source;
       (2) the inventory of inspection and detection technology 
     equipment by type and age;
       (3) the proposed appropriations for procurement of 
     inspection and detection technology equipment by type, 
     including quantity, for deployment, and for operations and 
     maintenance;
       (4) projected funding levels for procurement of inspection 
     and detection technology equipment by type, including 
     quantity, for deployment, and for operations and maintenance 
     for each of the 3 subsequent fiscal years; and
       (5) a current acquisition program baseline that--
       (A) aligns the acquisition of each technology to mission 
     requirements by defining existing capabilities of comparable 
     legacy technology assets, identifying known capability gaps 
     between such existing capabilities and stated mission 
     requirements, and explaining how the acquisition of each 
     technology will address such known capability gaps;
       (B) defines life-cycle costs for each technology, including 
     all associated costs of major acquisitions systems 
     infrastructure and transition to operations, delineated by 
     purpose and fiscal year for the projected service life of the 
     technology; and
       (C) includes a phase-out and decommissioning schedule 
     delineated by fiscal year for existing legacy technology 
     assets that each technology is intended to replace or 
     recapitalize.

                        automation modernization

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

        border security fencing, infrastructure, and technology

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

 air and marine interdiction, operations, maintenance, and procurement

       For necessary expenses for the operations, maintenance, and 
     procurement of marine vessels, aircraft, unmanned aircraft 
     systems, and other related equipment of the air and marine 
     program, including operational training and mission-related 
     travel, the operations of which include the following: the 
     interdiction of narcotics and other goods; the provision of 
     support to Federal, State, and local agencies in the 
     enforcement or administration of laws enforced by the 
     Department of Homeland Security; and, at the discretion of 
     the Secretary of Homeland Security, the provision of 
     assistance to Federal, State, and local agencies in other law 
     enforcement and emergency humanitarian efforts, $503,966,000, 
     to remain available until September 30, 2014:  Provided, That 
     no aircraft or other related equipment, with the exception of 
     aircraft that are one of a kind and have been identified as 
     excess to U.S. Customs and Border Protection requirements and 
     aircraft that have been damaged beyond repair, shall be 
     transferred to any other Federal agency, department, or 
     office outside of the Department of Homeland Security during 
     fiscal year 2012 without the prior approval of the Committees 
     on Appropriations of

[[Page 20335]]

     the Senate and the House of Representatives:  Provided 
     further, That the Secretary of Homeland Security shall report 
     to the Committees on Appropriations of the Senate and the 
     House of Representatives, not later than 90 days after the 
     date of enactment of this Act, on the update to the 5-year 
     strategic plan for the air and marine program directed in 
     conference report 109-241 accompanying Public Law 109-90 that 
     addresses missions, structure, operations, equipment, 
     facilities, and resources including deployment and command 
     and control requirements, and includes a recapitalization 
     plan with milestones and funding, and a detailed staffing 
     plan with associated costs to achieve full staffing to meet 
     all mission requirements.

                 construction and facilities management

       For necessary expenses to plan, acquire, construct, 
     renovate, equip, furnish, operate, manage, and maintain 
     buildings, facilities, and related infrastructure necessary 
     for the administration and enforcement of the laws relating 
     to customs, immigration, and border security, $236,596,000, 
     to remain available until September 30, 2016:  Provided, That 
     for fiscal year 2012 and thereafter, the annual budget 
     submission of U.S. Customs and Border Protection for 
     ``Construction and Facilities Management'' shall, in 
     consultation with the General Services Administration, 
     include a detailed 5-year plan for all Federal land border 
     port of entry projects with a yearly update of total 
     projected future funding needs delineated by land port of 
     entry:  Provided further, That the Commissioner of U.S. 
     Customs and Border Protection shall submit to the Committees 
     on Appropriations of the Senate and the House of 
     Representatives, at the time that the President's budget is 
     submitted each year under section 1105(a) of title 31, United 
     States Code, an inventory of the real property of U.S. 
     Customs and Border Protection and a plan for each activity 
     and project proposed for funding under this heading that 
     includes the full cost by fiscal year of each activity and 
     project proposed and underway in fiscal year 2013.

                U.S. Immigration and Customs Enforcement

                         salaries and expenses

       For necessary expenses for enforcement of immigration and 
     customs laws, detention and removals, and investigations, 
     including overseas vetted units operations; and purchase and 
     lease of up to 3,790 (2,350 for replacement only) police-type 
     vehicles; $5,528,874,000; of which not to exceed $10,000,000 
     shall be available until expended for conducting special 
     operations under section 3131 of the Customs Enforcement Act 
     of 1986 (19 U.S.C. 2081); of which not to exceed $12,750 
     shall be for official reception and representation expenses; 
     of which not to exceed $2,000,000 shall be for awards of 
     compensation to informants, to be accounted for solely under 
     the certificate of the Secretary of Homeland Security; of 
     which not less than $305,000 shall be for promotion of public 
     awareness of the child pornography tipline and activities to 
     counter child exploitation; of which not less than $5,400,000 
     shall be used to facilitate agreements consistent with 
     section 287(g) of the Immigration and Nationality Act (8 
     U.S.C. 1357(g)); and of which not to exceed $11,216,000 shall 
     be available to fund or reimburse other Federal agencies for 
     the costs associated with the care, maintenance, and 
     repatriation of smuggled aliens unlawfully present in the 
     United States:  Provided, That none of the funds made 
     available under this heading shall be available to compensate 
     any employee for overtime in an annual amount in excess of 
     $35,000, except that the Secretary of Homeland Security, or 
     the designee of the Secretary, may waive that amount as 
     necessary for national security purposes and in cases of 
     immigration emergencies:  Provided further, That of the total 
     amount provided, $15,770,000 shall be for activities to 
     enforce laws against forced child labor, of which not to 
     exceed $6,000,000 shall remain available until expended:  
     Provided further, That of the total amount available, not 
     less than $1,600,000,000 shall be available to identify 
     aliens convicted of a crime who may be deportable, and to 
     remove them from the United States once they are judged 
     deportable, of which $189,064,000 shall remain available 
     until September 30, 2013:  Provided further, That the 
     Assistant Secretary of Homeland Security for U.S. Immigration 
     and Customs Enforcement shall report to the Committees on 
     Appropriations of the Senate and the House of 
     Representatives, not later than 45 days after the end of each 
     quarter of the fiscal year, on progress in implementing the 
     preceding proviso and the funds obligated during that quarter 
     to make such progress:  Provided further, That the Secretary 
     of Homeland Security shall prioritize the identification and 
     removal of aliens convicted of a crime by the severity of 
     that crime:  Provided further, That funding made available 
     under this heading shall maintain a level of not less than 
     34,000 detention beds through September 30, 2012:  Provided 
     further, That of the total amount provided, not less than 
     $2,750,843,000 is for detention and removal operations, 
     including transportation of unaccompanied minor aliens:  
     Provided further, That of the total amount provided, 
     $10,300,000 shall remain available until September 30, 2013, 
     for the Visa Security Program:  Provided further, That none 
     of the funds provided under this heading may be used to 
     continue a delegation of law enforcement authority authorized 
     under section 287(g) of the Immigration and Nationality Act 
     (8 U.S.C. 1357(g)) if the Department of Homeland Security 
     Inspector General determines that the terms of the agreement 
     governing the delegation of authority have been violated:  
     Provided further, That none of the funds provided under this 
     heading may be used to continue any contract for the 
     provision of detention services if the two most recent 
     overall performance evaluations received by the contracted 
     facility are less than ``adequate'' or the equivalent median 
     score in any subsequent performance evaluation system:  
     Provided further, That nothing under this heading shall 
     prevent U.S. Immigration and Customs Enforcement from 
     exercising those authorities provided under immigration laws 
     (as defined in section 101(a)(17) of the Immigration and 
     Nationality Act (8 U.S.C. 1101(a)(17))) during priority 
     operations pertaining to aliens convicted of a crime.

                        automation modernization

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

                 Transportation Security Administration

                           aviation security

       For necessary expenses of the Transportation Security 
     Administration related to providing civil aviation security 
     services pursuant to the Aviation and Transportation Security 
     Act (Public Law 107-71; 115 Stat. 597; 49 U.S.C. 40101 note), 
     $5,253,956,000, to remain available until September 30, 2013, 
     of which not to exceed $8,500 shall be for official reception 
     and representation expenses:  Provided, That of the total 
     amount made available under this heading, not to exceed 
     $4,167,631,000 shall be for screening operations, of which 
     $543,103,000 shall be available for explosives detection 
     systems; $204,768,000 shall be for checkpoint support; and 
     not to exceed $1,086,325,000 shall be for aviation security 
     direction and enforcement:  Provided further, That of the 
     amount made available in the preceding proviso for explosives 
     detection systems, $222,738,000 shall be available for the 
     purchase and installation of these systems, of which not less 
     than 10 percent shall be available for the purchase and 
     installation of certified explosives detection systems at 
     medium- and small-sized airports:  Provided further, That any 
     award to deploy explosives detection systems shall be based 
     on risk, the airport's current reliance on other screening 
     solutions, lobby congestion resulting in increased security 
     concerns, high injury rates, airport readiness, and increased 
     cost effectiveness:  Provided further, That security service 
     fees authorized under section 44940 of title 49, United 
     States Code, shall be credited to this appropriation as 
     offsetting collections and shall be available only for 
     aviation security:  Provided further, That the sum 
     appropriated under this heading from the general fund shall 
     be reduced on a dollar-for-dollar basis as such offsetting 
     collections are received during fiscal year 2012 so as to 
     result in a final fiscal year appropriation from the general 
     fund estimated at not more than $3,223,956,000:  Provided 
     further, That any security service fees collected in excess 
     of the amount made available under this heading shall become 
     available during fiscal year 2013:  Provided further, That 
     notwithstanding section 44923 of title 49, United States 
     Code, for fiscal year 2012, any funds in the Aviation 
     Security Capital Fund established by section 44923(h) of 
     title 49, United States Code, may be used for the procurement 
     and installation of explosives detection systems or for the 
     issuance of other transaction agreements for the purpose of 
     funding projects described in section 44923(a):  Provided 
     further, That none of the funds made available in this Act 
     may be used for any recruiting or hiring of personnel into 
     the Transportation Security Administration that would cause 
     the agency to exceed a staffing level of 46,000 full-time 
     equivalent screeners:  Provided further, That the preceding 
     proviso shall not apply to personnel hired as part-time 
     employees:  Provided further, That not later than 90 days 
     after the date of enactment of this Act, the Secretary of 
     Homeland Security shall submit to the Committees on 
     Appropriations of the Senate and the House of Representatives 
     a detailed report on--
       (1) the Department of Homeland Security efforts and 
     resources being devoted to develop more advanced integrated 
     passenger screening technologies for the most effective 
     security of passengers and baggage at the lowest possible 
     operating and acquisition costs;
       (2) how the Transportation Security Administration is 
     deploying its existing passenger and baggage screener 
     workforce in the most cost effective manner; and
       (3) labor savings from the deployment of improved 
     technologies for passenger and baggage screening and how 
     those savings are being used to offset security costs or 
     reinvested to address security vulnerabilities:

       Provided further, That Members of the United States House 
     of Representatives and United States Senate, including the 
     leadership; the heads of Federal agencies and commissions, 
     including the Secretary, Deputy Secretary, Under Secretaries, 
     and Assistant Secretaries of the Department of Homeland 
     Security; the United States Attorney General, Deputy Attorney 
     General, Assistant Attorneys General, and the United States 
     Attorneys; and senior members of the Executive Office of the 
     President, including the Director of the Office of Management 
     and Budget, shall not be exempt from Federal passenger and 
     baggage screening.

                    surface transportation security

       For necessary expenses of the Transportation Security 
     Administration related to surface transportation security 
     activities, $134,748,000, to remain available until September 
     30, 2013.

           transportation threat assessment and credentialing

       For necessary expenses for the development and 
     implementation of screening programs of

[[Page 20336]]

     the Office of Transportation Threat Assessment and 
     Credentialing, $163,954,000, to remain available until 
     September 30, 2013.

                    transportation security support

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

                          federal air marshals

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

                              Coast Guard

                           operating expenses

       For necessary expenses for the operation and maintenance of 
     the Coast Guard, not otherwise provided for; purchase or 
     lease of not to exceed 25 passenger motor vehicles, which 
     shall be for replacement only; purchase or lease of small 
     boats for contingent and emergent requirements (at a unit 
     cost of no more than $700,000) and repairs and service-life 
     replacements, not to exceed a total of $31,000,000; purchase 
     or lease of boats necessary for overseas deployments and 
     activities; minor shore construction projects not exceeding 
     $1,000,000 in total cost at any location; payments pursuant 
     to section 156 of Public Law 97-377 (42 U.S.C. 402 note; 96 
     Stat. 1920); and recreation and welfare; $7,051,054,000, of 
     which $598,000,000 shall be for defense-related activities, 
     of which $258,000,000 is designated by the Congress for 
     Overseas Contingency Operations/Global War on Terrorism 
     pursuant to section 251(b)(2)(A) of the Balanced Budget and 
     Emergency Deficit Control Act of 1985; of which $24,500,000 
     shall be derived from the Oil Spill Liability Trust Fund to 
     carry out the purposes of section 1012(a)(5) of the Oil 
     Pollution Act of 1990 (33 U.S.C. 2712(a)(5)); and of which 
     not to exceed $17,000 shall be for official reception and 
     representation expenses:  Provided, That none of the funds 
     made available by this Act shall be for expenses incurred for 
     recreational vessels under section 12114 of title 46, United 
     States Code, except to the extent fees are collected from 
     owners of yachts and credited to this appropriation:  
     Provided further, That the Coast Guard shall comply with the 
     requirements of section 527 of the National Defense 
     Authorization Act for Fiscal Year 2004 (10 U.S.C. 4331 note) 
     with respect to the Coast Guard Academy:  Provided further, 
     That of the funds provided under this heading, $75,000,000 
     shall be withheld from obligation for Coast Guard 
     Headquarters Directorates until a revised future-years 
     capital investment plan for fiscal years 2013 through 2017, 
     as specified under the heading Coast Guard ``Acquisition, 
     Construction, and Improvements'' of this Act is submitted to 
     the Committees on Appropriations of the Senate and the House 
     of Representatives: Provided further, That funds made 
     available under this heading for Overseas Contingency 
     Operations/Global War on Terrorism may be allocated by 
     program, project, and activity, notwithstanding section 503 
     of this Act.

                environmental compliance and restoration

       For necessary expenses to carry out the environmental 
     compliance and restoration functions of the Coast Guard under 
     chapter 19 of title 14, United States Code, $13,500,000, to 
     remain available until September 30, 2016.

                            reserve training

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

              acquisition, construction, and improvements

       For necessary expenses of acquisition, construction, 
     renovation, and improvement of aids to navigation, shore 
     facilities, vessels, and aircraft, including equipment 
     related thereto; and maintenance, rehabilitation, lease and 
     operation of facilities and equipment; as authorized by law; 
     $1,403,924,000, of which $20,000,000 shall be derived from 
     the Oil Spill Liability Trust Fund to carry out the purposes 
     of section 1012(a)(5) of the Oil Pollution Act of 1990 (33 
     U.S.C. 2712(a)(5)); of which $20,000,000 shall remain 
     available until September 30, 2016, for military family 
     housing, of which not more than $14,000,000 shall be derived 
     from the Coast Guard Housing Fund, established pursuant to 14 
     U.S.C. 687; of which $642,000,000 shall be available until 
     September 30, 2016, to acquire, effect major repairs to, 
     renovate, or improve vessels, small boats, and related 
     equipment; of which $289,900,000 shall be available until 
     September 30, 2016, to acquire, effect major repairs to, 
     renovate, or improve aircraft or increase aviation 
     capability; of which $161,140,000 shall be available until 
     September 30, 2016, for other acquisition programs; of which 
     $180,692,000 shall be available until September 30, 2016, for 
     shore facilities and aids to navigation, including waterfront 
     facilities at Navy installations used by the Coast Guard; of 
     which $110,192,000 shall be available for personnel 
     compensation and benefits and related costs:  Provided, That 
     the funds provided by this Act shall be immediately available 
     and allotted to contract for long lead time materials, 
     components, and designs for the sixth National Security 
     Cutter notwithstanding the availability of funds for 
     production costs or post-production costs:  Provided further, 
     That the Secretary of Homeland Security shall submit to the 
     Committees on Appropriations of the Senate and the House of 
     Representatives, at the time that the President's budget is 
     submitted each year under section 1105(a) of title 31, United 
     States Code, a future-years capital investment plan for the 
     Coast Guard that identifies for each requested capital 
     asset--
       (1) the proposed appropriations included in that budget;
       (2) the total estimated cost of completion, including and 
     clearly delineating the costs of associated major acquisition 
     systems infrastructure and transition to operations;
       (3) projected funding levels for each fiscal year for the 
     next 5 fiscal years or until acquisition program baseline or 
     project completion, whichever is earlier;
       (4) an estimated completion date at the projected funding 
     levels; and
       (5) a current acquisition program baseline for each capital 
     asset, as applicable, that--
       (A) includes the total acquisition cost of each asset, 
     subdivided by fiscal year and including a detailed 
     description of the purpose of the proposed funding levels for 
     each fiscal year, including for each fiscal year funds 
     requested for design, pre-acquisition activities, production, 
     structural modifications, missionization, post-delivery, and 
     transition to operations costs;
       (B) includes a detailed project schedule through 
     completion, subdivided by fiscal year, that details--
       (i) quantities planned for each fiscal year; and
       (ii) major acquisition and project events, including 
     development of operational requirements, contracting actions, 
     design reviews, production, delivery, test and evaluation, 
     and transition to operations, including necessary training, 
     shore infrastructure, and logistics;
       (C) notes and explains any deviations in cost, performance 
     parameters, schedule, or estimated date of completion from 
     the original acquisition program baseline and the most recent 
     baseline approved by the Department of Homeland Security's 
     Acquisition Review Board, if applicable;
       (D) aligns the acquisition of each asset to mission 
     requirements by defining existing capabilities of comparable 
     legacy assets, identifying known capability gaps between such 
     existing capabilities and stated mission requirements, and 
     explaining how the acquisition of each asset will address 
     such known capability gaps;
       (E) defines life-cycle costs for each asset and the date of 
     the estimate on which such costs are based, including all 
     associated costs of major acquisitions systems infrastructure 
     and transition to operations, delineated by purpose and 
     fiscal year for the projected service life of the asset;
       (F) includes the earned value management system summary 
     schedule performance index and cost performance index for 
     each asset, if applicable; and
       (G) includes a phase-out and decommissioning schedule 
     delineated by fiscal year for each existing legacy asset that 
     each asset is intended to replace or recapitalize:
       Provided further, That the Secretary of Homeland Security 
     shall ensure that amounts specified in the future-years 
     capital investment plan are consistent, to the maximum extent 
     practicable, with proposed appropriations necessary to 
     support the programs, projects, and activities of the Coast 
     Guard in the President's budget as submitted under section 
     1105(a) of title 31, United States Code, for that fiscal 
     year:  Provided further, That any inconsistencies between the 
     capital investment plan and proposed appropriations shall be 
     identified and justified:  Provided further, That subsections 
     (a) and (b) of section 6402 of Public Law 110-28 shall apply 
     with respect to the amounts made available under this 
     heading.

              research, development, test, and evaluation

       For necessary expenses for applied scientific research, 
     development, test, and evaluation; and for maintenance, 
     rehabilitation, lease, and operation of facilities and 
     equipment; as authorized by law; $27,779,000, to remain 
     available until September 30, 2016, of which $500,000 shall 
     be derived from the Oil Spill Liability Trust Fund to carry 
     out the purposes of section 1012(a)(5) of the Oil Pollution 
     Act of 1990 (33 U.S.C. 2712(a)(5)):  Provided, That there may 
     be credited to and used for the purposes of this 
     appropriation funds received from State and local 
     governments, other public authorities, private sources, and 
     foreign countries for expenses incurred for research, 
     development, testing, and evaluation.

                              retired pay

       For retired pay, including the payment of obligations 
     otherwise chargeable to lapsed appropriations for this 
     purpose, payments under the Retired Serviceman's Family 
     Protection and Survivor Benefits Plans, payment for career 
     status bonuses, concurrent receipts and combat-related 
     special compensation under the National Defense Authorization 
     Act, and payments for medical care of retired personnel and 
     their dependents under chapter 55 of title 10, United States 
     Code, $1,440,157,000, to remain available until expended.

                      United States Secret Service

                         salaries and expenses

       For necessary expenses of the United States Secret Service, 
     including purchase of not to exceed 652 vehicles for police-
     type use for replacement only; hire of passenger motor 
     vehicles;

[[Page 20337]]

     purchase of motorcycles made in the United States; hire of 
     aircraft; services of expert witnesses at such rates as may 
     be determined by the Director of the Secret Service; rental 
     of buildings in the District of Columbia, and fencing, 
     lighting, guard booths, and other facilities on private or 
     other property not in Government ownership or control, as may 
     be necessary to perform protective functions; payment of per 
     diem or subsistence allowances to employees in cases in which 
     a protective assignment on the actual day or days of the 
     visit of a protectee requires an employee to work 16 hours 
     per day or to remain overnight at a post of duty; conduct of 
     and participation in firearms matches; presentation of 
     awards; travel of United States Secret Service employees on 
     protective missions without regard to the limitations on such 
     expenditures in this or any other Act if approval is obtained 
     in advance from the Committees on Appropriations of the 
     Senate and the House of Representatives; research and 
     development; grants to conduct behavioral research in support 
     of protective research and operations; and payment in advance 
     for commercial accommodations as may be necessary to perform 
     protective functions; $1,661,237,000, of which not to exceed 
     $21,250 shall be for official reception and representation 
     expenses; of which not to exceed $100,000 shall be to provide 
     technical assistance and equipment to foreign law enforcement 
     organizations in counterfeit investigations; of which 
     $2,366,000 shall be for forensic and related support of 
     investigations of missing and exploited children; and of 
     which $6,000,000 shall be for a grant for activities related 
     to investigations of missing and exploited children and shall 
     remain available until September 30, 2013:  Provided, That up 
     to $18,000,000 for protective travel shall remain available 
     until September 30, 2013:  Provided further, That up to 
     $19,307,000 for National Special Security Events shall remain 
     available until September 30, 2013:  Provided further, That 
     the United States Secret Service is authorized to obligate 
     funds in anticipation of reimbursements from Federal agencies 
     and entities, as defined in section 105 of title 5, United 
     States Code, for personnel receiving training sponsored by 
     the James J. Rowley Training Center, except that total 
     obligations at the end of the fiscal year shall not exceed 
     total budgetary resources available under this heading at the 
     end of the fiscal year:  Provided further, That none of the 
     funds made available under this heading shall be available to 
     compensate any employee for overtime in an annual amount in 
     excess of $35,000, except that the Secretary of Homeland 
     Security, or the designee of the Secretary, may waive that 
     amount as necessary for national security purposes:  Provided 
     further, That none of the funds made available to the United 
     States Secret Service by this Act or by previous 
     appropriations Acts may be made available for the protection 
     of the head of a Federal agency other than the Secretary of 
     Homeland Security:  Provided further, That the Director of 
     the United States Secret Service may enter into an agreement 
     to provide such protection on a fully reimbursable basis:  
     Provided further, That of the total amount made available 
     under this heading, $43,843,000, to remain available until 
     September 30, 2014, is for information integration and 
     technology transformation:  Provided further, That 
     $20,000,000 made available in the preceding proviso shall not 
     be obligated to purchase or install information technology 
     equipment until the Department of Homeland Security Chief 
     Information Officer submits a report to the Committees on 
     Appropriations of the Senate and the House of Representatives 
     certifying that all plans for integration and transformation 
     are consistent with Department of Homeland Security data 
     center migration and enterprise architecture requirements:  
     Provided further, That none of the funds made available to 
     the United States Secret Service by this Act or by previous 
     appropriations Acts may be obligated for the purpose of 
     opening a new permanent domestic or overseas office or 
     location unless the Committees on Appropriations of the 
     Senate and the House of Representatives are notified 15 days 
     in advance of such obligation.

     acquisition, construction, improvements, and related expenses

       For necessary expenses for acquisition, construction, 
     repair, alteration, and improvement of facilities, 
     $5,380,000, to remain available until September 30, 2016.

                               TITLE III

            PROTECTION, PREPAREDNESS, RESPONSE, AND RECOVERY

              National Protection and Programs Directorate

                     management and administration

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

           infrastructure protection and information security

       For necessary expenses for infrastructure protection and 
     information security programs and activities, as authorized 
     by title II of the Homeland Security Act of 2002 (6 U.S.C. 
     121 et seq.), $888,243,000, of which $200,000,000 shall 
     remain available until September 30, 2013:  Provided, That 
     the Under Secretary for the National Protection and Programs 
     Directorate shall submit a plan for expenditure for the 
     National Cyber Security Division and the Office of 
     Infrastructure Protection, to the Committees on 
     Appropriations of the Senate and the House of 
     Representatives, not later than 90 days after the date of 
     enactment of this Act.

                       federal protective service

       The revenues and collections of security fees credited to 
     this account shall be available until expended for necessary 
     expenses related to the protection of federally owned and 
     leased buildings and for the operations of the Federal 
     Protective Service:  Provided, That the Secretary of Homeland 
     Security and the Director of the Office of Management and 
     Budget shall certify in writing to the Committees on 
     Appropriations of the Senate and the House of Representatives 
     not later than December 31, 2011, that the operations of the 
     Federal Protective Service will be fully funded in fiscal 
     year 2012 through revenues and collection of security fees, 
     and shall adjust the fees to ensure fee collections are 
     sufficient to ensure that the Federal Protective Service 
     maintains not fewer than 1,371 full-time equivalent staff and 
     1,007 full-time equivalent Police Officers, Inspectors, Area 
     Commanders, and Special Agents who, while working, are 
     directly engaged on a daily basis protecting and enforcing 
     laws at Federal buildings (referred to as ``in-service field 
     staff''):  Provided further, That an expenditure plan for 
     fiscal year 2012 shall be provided to the Committees on 
     Appropriations of the Senate and the House of Representatives 
     not later than 60 days after the date of enactment of this 
     Act:  Provided further, That the Director of the Federal 
     Protective Service shall include with the submission of the 
     President's fiscal year 2013 budget a strategic human capital 
     plan that aligns fee collections to personnel requirements 
     based on a current threat assessment.

    united states visitor and immigrant status indicator technology

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

                        Office of Health Affairs

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

[[Page 20338]]



                  Federal Emergency Management Agency

                         salaries and expenses

       For necessary expenses of the Federal Emergency Management 
     Agency, $895,350,000, including activities authorized by the 
     National Flood Insurance Act of 1968 (42 U.S.C. 4001 et 
     seq.), the Robert T. Stafford Disaster Relief and Emergency 
     Assistance Act (42 U.S.C. 5121 et seq.), the Cerro Grande 
     Fire Assistance Act of 2000 (division C, title I, 114 Stat. 
     583), the Earthquake Hazards Reduction Act of 1977 (42 U.S.C. 
     7701 et seq.), the Defense Production Act of 1950 (50 U.S.C. 
     App. 2061 et seq.), sections 107 and 303 of the National 
     Security Act of 1947 (50 U.S.C. 404, 405), Reorganization 
     Plan No. 3 of 1978 (5 U.S.C. App.), the Homeland Security Act 
     of 2002 (6 U.S.C. 101 et seq.), and the Post-Katrina 
     Emergency Management Reform Act of 2006 (Public Law 109-295; 
     120 Stat. 1394):  Provided, That not to exceed $2,500 shall 
     be for official reception and representation expenses:  
     Provided further, That the Administrator of the Federal 
     Emergency Management Agency may reprogram funds made 
     available under this heading between programs, projects, and 
     activities prior to April 16, 2012, notwithstanding section 
     503 of this Act:  Provided further, That $1,400,000 of the 
     funds available for the Office of the Administrator of the 
     Federal Emergency Management Agency shall not be available 
     for obligation until the Administrator of the Federal 
     Emergency Management Agency submits to the Committees on 
     Appropriations of the Senate and the House of Representatives 
     the National Preparedness Report required by Public Law 109-
     295 and a comprehensive plan to implement a system to measure 
     the effectiveness of grants to State and local communities in 
     fiscal year 2012:  Provided further, That for purposes of 
     planning, coordination, execution, and decision making 
     related to mass evacuation during a disaster, the Governors 
     of the State of West Virginia and the Commonwealth of 
     Pennsylvania, or their designees, shall be incorporated into 
     efforts to integrate the activities of Federal, State, and 
     local governments in the National Capital Region, as defined 
     in section 882 of the Homeland Security Act of 2002 (Public 
     Law 107-296):  Provided further, That of the total amount 
     made available under this heading, $41,250,000 shall be for 
     the Urban Search and Rescue Response System, of which not to 
     exceed $1,600,000 may be made available for administrative 
     costs; $5,493,000 shall be for the Office of National Capital 
     Region Coordination; not to exceed $12,000,000 shall remain 
     available until September 30, 2013, for capital improvements 
     at the Mount Weather Emergency Operations Center; and not 
     less than $13,662,000 shall be for expenses related to 
     modernization of automated systems:  Provided further, That 
     the Administrator of the Federal Emergency Management Agency, 
     in consultation with the Department of Homeland Security 
     Chief Information Officer, shall submit to the Committees on 
     Appropriations of the Senate and the House of Representatives 
     a strategic plan, not later than 180 days after the date of 
     enactment of this Act, for the funds specified in the 
     preceding proviso related to modernization of automated 
     systems, that includes--
       (1) a comprehensive plan to automate and modernize 
     information systems to resolve current inefficiencies, 
     integrate data, and aid in better performance of executing 
     the Agency-wide mission;
       (2) a description of the appropriations for each project 
     and activity tied to mission requirements and outcomes, 
     program management capabilities, performance levels, and 
     specific capabilities and services to be delivered;
       (3) the total estimated cost and projected timeline of 
     completion for all multi-year enhancements, modernizations, 
     and new capabilities proposed and underway covering a period 
     of no less than 3 years;
       (4) a detailed accounting of operations and maintenance and 
     contractor services costs; and
       (5) the current or planned acquisition programs including--
       (A) how the programs align to mission requirements by 
     defining existing capabilities, identifying known capability 
     gaps between such existing capabilities and stated mission 
     requirements, and explaining how each increment will address 
     a known capability gap;
       (B) how programs provide quantifiable information that aids 
     in understanding national emergency management capabilities;
       (C) how programs ensure information sharing among homeland 
     security partners; and
       (D) life-cycle costs for all acquisitions.

                        state and local programs

                     (including transfer of funds)

       For grants, contracts, cooperative agreements, and other 
     activities, $1,349,681,000, which shall be distributed, 
     according to threat, vulnerability, and consequence, at the 
     discretion of the Secretary of Homeland Security based on the 
     following authorities:
       (1) The State Homeland Security Grant Program under section 
     2004 of the Homeland Security Act of 2002 (6 U.S.C. 605):  
     Provided, That notwithstanding subsection (c)(4) of such 
     section 2004, for fiscal year 2012, the Commonwealth of 
     Puerto Rico shall make available to local and tribal 
     governments amounts provided to the Commonwealth of Puerto 
     Rico under this paragraph in accordance with subsection 
     (c)(1) of such section 2004.
       (2) The Urban Area Security Initiative under section 2003 
     of the Homeland Security Act of 2002 (6 U.S.C. 604).
       (3) The Metropolitan Medical Response System under section 
     635 of the Post-Katrina Emergency Management Reform Act of 
     2006 (6 U.S.C. 723).
       (4) The Citizen Corps Program.
       (5) Public Transportation Security Assistance and Railroad 
     Security Assistance, under sections 1406 and 1513 of the 
     Implementing Recommendations of the 9/11 Commission Act of 
     2007 (6 U.S.C. 1135 and 1163), including Amtrak security:  
     Provided, That such public transportation security assistance 
     shall be provided directly to public transportation agencies.
       (6) Over-the-Road Bus Security Assistance under section 
     1532 of the Implementing Recommendations of the 9/11 
     Commission Act of 2007 (6 U.S.C. 1182).
       (7) Port Security Grants in accordance with 46 U.S.C. 
     70107.
       (8) The Driver's License Security Grants Program in 
     accordance with section 204 of the REAL ID Act of 2005 (49 
     U.S.C. 30301 note).
       (9) The Interoperable Emergency Communications Grant 
     Program under section 1809 of the Homeland Security Act of 
     2002 (6 U.S.C. 579).
       (10) Emergency Operations Centers under section 614 of the 
     Robert T. Stafford Disaster Relief and Emergency Assistance 
     Act (42 U.S.C. 5196c).
       (11) Buffer Zone Protection Program Grants.
       (12) Organizations (as described under section 501(c)(3) of 
     the Internal Revenue Code of 1986 and exempt from tax section 
     501(a) of such code) determined by the Secretary to be at 
     high risk of a terrorist attack:

       Provided, That of the amount provided under this heading, 
     $50,000,000 shall be for Operation Stonegarden and no less 
     than $100,000,000 shall be for areas at the highest threat of 
     a terrorist attack:  Provided further, That $231,681,000 
     shall be for training, exercises, technical assistance, and 
     other programs, of which $155,500,000 shall be for training 
     of State, local, and tribal emergency response providers:  
     Provided further, That for grants under paragraphs (1) 
     through (12), applications for grants shall be made available 
     to eligible applicants not later than 60 days after the date 
     of enactment of this Act, that eligible applicants shall 
     submit applications not later than 80 days after the grant 
     announcement, and the Administrator of the Federal Emergency 
     Management Agency shall act within 65 days after the receipt 
     of an application:  Provided further, That notwithstanding 
     section 2008(a)(11) of the Homeland Security Act of 2002 (6 
     U.S.C. 609(a)(11)), or any other provision of law, a grantee 
     may use not more than 5 percent of the amount of a grant made 
     available under this heading for expenses directly related to 
     administration of the grant:  Provided further, That 6.8 
     percent of the amounts provided under this heading shall be 
     transferred to the Federal Emergency Management Agency 
     ``Salaries and Expenses'' account for program administration: 
      Provided further, That for grants under paragraphs (1) and 
     (2), the installation of communication towers is not 
     considered construction of a building or other physical 
     facility:  Provided further, That grantees shall provide 
     reports on their use of funds, as determined necessary by the 
     Secretary of Homeland Security:  Provided further, That in 
     fiscal year 2012: (a) the Center for Domestic Preparedness 
     may provide training to emergency response providers from the 
     Federal Government, foreign governments, or private entities, 
     if the Center for Domestic Preparedness is reimbursed for the 
     cost of such training, and any reimbursement under this 
     subsection shall be credited to the account from which the 
     expenditure being reimbursed was made and shall be available, 
     without fiscal year limitation, for the purposes for which 
     amounts in the account may be expended; (b) the head of the 
     Center for Domestic Preparedness shall ensure that any 
     training provided under (a) does not interfere with the 
     primary mission of the Center to train state and local 
     emergency response providers; and (c) subject to (b), nothing 
     in (a) prohibits the Center for Domestic Preparedness from 
     providing training to employees of the Federal Emergency 
     Management Agency in existing chemical, biological, 
     radiological, nuclear, explosives, mass casualty, and medical 
     surge courses pursuant to 5 U.S.C. 4103 without reimbursement 
     for the cost of such training.

                     firefighter assistance grants

       For necessary expenses for programs authorized by the 
     Federal Fire Prevention and Control Act of 1974 (15 U.S.C. 
     2201 et seq.), $675,000,000, to remain available until 
     September 30, 2013, of which $337,500,000 shall be available 
     to carry out section 33 of that Act (15 U.S.C. 2229) and 
     $337,500,000 shall be available to carry out section 34 of 
     that Act (15 U.S.C. 2229a):  Provided, That not to exceed 5 
     percent of the amount available under this heading shall be 
     available for program administration.

                emergency management performance grants

       For necessary expenses for emergency management performance 
     grants, as authorized by the National Flood Insurance Act of 
     1968 (42 U.S.C. 4001 et seq.), the Robert T. Stafford 
     Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 
     et seq.), the Earthquake Hazards Reduction Act of 1977 (42 
     U.S.C. 7701 et seq.), and Reorganization Plan No. 3 of 1978 
     (5 U.S.C. App.), $350,000,000:  Provided, That total 
     administrative costs shall not exceed 3 percent of the total 
     amount appropriated under this heading.

              radiological emergency preparedness program

       The aggregate charges assessed during fiscal year 2012, as 
     authorized in title III of the Departments of Veterans 
     Affairs and Housing and Urban Development, and Independent 
     Agencies Appropriations Act, 1999 (42 U.S.C. 5196e), shall

[[Page 20339]]

     not be less than 100 percent of the amounts anticipated by 
     the Department of Homeland Security necessary for its 
     radiological emergency preparedness program for the next 
     fiscal year:  Provided, That the methodology for assessment 
     and collection of fees shall be fair and equitable and shall 
     reflect costs of providing such services, including 
     administrative costs of collecting such fees:  Provided 
     further, That fees received under this heading shall be 
     deposited in this account as offsetting collections and will 
     become available for authorized purposes on October 1, 2012, 
     and remain available until expended.

                   united states fire administration

       For necessary expenses of the United States Fire 
     Administration and for other purposes, as authorized by the 
     Federal Fire Prevention and Control Act of 1974 (15 U.S.C. 
     2201 et seq.) and the Homeland Security Act of 2002 (6 U.S.C. 
     101 et seq.), $44,038,000.

                          disaster relief fund

                     (including transfer of funds)

       For necessary expenses in carrying out the Robert T. 
     Stafford Disaster Relief and Emergency Assistance Act (42 
     U.S.C. 5121 et seq.), $700,000,000, to remain available until 
     expended, of which $24,000,000 shall be transferred to the 
     Department of Homeland Security Office of Inspector General 
     for audits and investigations related to disasters:  
     Provided, That the Administrator of the Federal Emergency 
     Management Agency shall submit an expenditure plan to the 
     Committees on Appropriations of the Senate and the House of 
     Representatives detailing the use of the funds made available 
     in this or any other Act for disaster readiness and support 
     not later than 60 days after the date of enactment of this 
     Act:  Provided further, That the Administrator of the Federal 
     Emergency Management Agency shall submit to such Committees a 
     quarterly report detailing obligations against the 
     expenditure plan and a justification for any changes from the 
     initial plan:  Provided further, That the matter under this 
     heading in title III of division E of Public Law 110-161 is 
     amended by striking the fourth proviso:  Provided further, 
     That the Administrator of the Federal Emergency Management 
     Agency shall submit to the Committees on Appropriations of 
     the Senate and the House of Representatives the following 
     reports, including a specific description of the methodology 
     and the source data used in developing such reports:
       (1) an estimate of the following amounts shall be submitted 
     for the budget year at the time that the President's budget 
     is submitted each year under section 1105(a) of title 31, 
     United States Code:
       (A) the unobligated balance of funds to be carried over 
     from the prior fiscal year to the budget year;
       (B) the unobligated balance of funds to be carried over 
     from the budget year to the budget year plus 1;
       (C) the amount of obligations for non-catastrophic events 
     for the budget year;
       (D) the amount of obligations for the budget year for 
     catastrophic events delineated by event and by State;
       (E) the total amount that has been previously obligated or 
     will be required for catastrophic events delineated by event 
     and by State for all prior years, the current year, the 
     budget year, the budget year plus 1, the budget year plus 2, 
     and the budget year plus 3 and beyond;
       (F) the amount of previously obligated funds that will be 
     recovered for the budget year;
       (G) the amount that will be required for obligations for 
     emergencies, as described in section 102(1) of the Robert T. 
     Stafford Disaster Relief and Emergency Assistance Act (42 
     U.S.C. 5122(1)), major disasters, as described in section 
     102(2) of the Robert T. Stafford Disaster Relief and 
     Emergency Assistance Act (42 U.S.C. 5122(2)), fire management 
     assistance grants, as described in section 420 of the Robert 
     T. Stafford Disaster Relief and Emergency Assistance Act (42 
     U.S.C. 5187), surge activities, and disaster readiness and 
     support activities;
       (H) the amount required for activities not covered under 
     section 251(b)(2)(D)(iii) of the Balanced Budget and 
     Emergency Deficit Control Act of 1985 (2 U.S.C. 
     901(b)(2)(D)(iii); Public Law 99-177);
       (2) an estimate or actual amounts, if available, of the 
     following for the current fiscal year shall be submitted not 
     later than the fifth day of each month beginning with the 
     first full month after the date of enactment of this Act:
       (A) a summary of the amount of appropriations made 
     available by source, the transfers executed, the previously 
     allocated funds recovered, and the commitments, allocations, 
     and obligations made;
       (B) a table of disaster relief activity delineated by 
     month, including--
       (i) the beginning and ending balances;
       (ii) the total obligations to include amounts obligated for 
     fire assistance, emergencies, surge, and disaster support 
     activities;
       (iii) the obligations for catastrophic events delineated by 
     event and by State; and
       (iv) the amount of previously obligated funds that are 
     recovered;
       (C) a summary of allocations, obligations, and expenditures 
     for catastrophic events delineated by event; and
       (D) the date on which funds appropriated will be exhausted.

            disaster assistance direct loan program account

       For activities under section 319 of the Robert T. Stafford 
     Disaster Relief and Emergency Assistance Act (42 U.S.C. 
     5162), $295,000 is for the cost of direct loans:  Provided, 
     That gross obligations for the principal amount of direct 
     loans shall not exceed $25,000,000:  Provided further, That 
     the cost of modifying such loans shall be as defined in 
     section 502 of the Congressional Budget Act of 1974 (2 U.S.C. 
     661a).

             flood hazard mapping and risk analysis program

       For necessary expenses, including administrative costs, 
     under section 1360 of the National Flood Insurance Act of 
     1968 (42 U.S.C. 4101), $97,712,000, and such additional sums 
     as may be provided by State and local governments or other 
     political subdivisions for cost-shared mapping activities 
     under section 1360(f)(2) of such Act (42 U.S.C. 4101(f)(2)), 
     to remain available until expended.

                     national flood insurance fund

       For activities under the National Flood Insurance Act of 
     1968 (42 U.S.C. 4001 et seq.) and the Flood Disaster 
     Protection Act of 1973 (42 U.S.C. 4001 et seq.), 
     $171,000,000, which shall be derived from offsetting 
     collections assessed and collected under section 1308(d) of 
     the National Flood Insurance Act of 1968 (42 U.S.C. 4015(d)); 
     of which not to exceed $22,000,000 shall be available for 
     salaries and expenses associated with flood mitigation and 
     flood insurance operations; and not less than $149,000,000 
     shall be available for flood plain management and flood 
     mapping, which shall remain available until September 30, 
     2013:  Provided, That any additional fees collected pursuant 
     to section 1308(d) of the National Flood Insurance Act of 
     1968 (42 U.S.C. 4015(d)) shall be credited as an offsetting 
     collection to this account, to be available for flood plain 
     management and flood mapping:  Provided further, That in 
     fiscal year 2012, no funds shall be available from the 
     National Flood Insurance Fund under section 1310 of that Act 
     (42 U.S.C. 4017) in excess of:
       (1) $132,000,000 for operating expenses;
       (2) $1,007,571,000 for commissions and taxes of agents;
       (3) such sums as are necessary for interest on Treasury 
     borrowings; and
       (4) $60,000,000, which shall remain available until 
     expended for flood mitigation actions; of which not less than 
     $10,000,000 is for severe repetitive loss properties under 
     section 1361A of the National Flood Insurance Act of 1968 (42 
     U.S.C. 4102a); of which $10,000,000 shall be for repetitive 
     insurance claims properties under section 1323 of the 
     National Flood Insurance Act of 1968 (42 U.S.C. 4030); and of 
     which $40,000,000 shall be for flood mitigation assistance 
     under section 1366 of the National Flood Insurance Act of 
     1968 (42 U.S.C. 4104c), notwithstanding subparagraphs (B) and 
     (C) of subsection (b)(3) and subsection (f) of section 1366 
     of the National Flood Insurance Act of 1968 (42 U.S.C. 4104c) 
     and notwithstanding subsection (a)(7) of section 1310 of the 
     National Flood Insurance Act of 1968 (42 U.S.C. 4017):

       Provided further, That the amounts collected under section 
     102 of the Flood Disaster Protection Act of 1973 (42 U.S.C. 
     4012a) and section 1366(i) of the National Flood Insurance 
     Act of 1968 shall be deposited in the National Flood 
     Insurance Fund to supplement other amounts specified as 
     available for section 1366 of the National Insurance Act of 
     1968, notwithstanding subsection (f)(8) of such section 102 
     (42 U.S.C. 4012a(f)(8) and subsection 1366(i) and paragraphs 
     (2) and (3) of section 1367(b) of the National Flood 
     Insurance Act of 1968 (42 U.S.C. 4104c(i), 4104d(b)(2)-(3)):  
     Provided further, That total administrative costs shall not 
     exceed 4 percent of the total appropriation.

                  national predisaster mitigation fund

       For the predisaster mitigation grant program under section 
     203 of the Robert T. Stafford Disaster Relief and Emergency 
     Assistance Act (42 U.S.C. 5133), $35,500,000, to remain 
     available until expended:  Provided, That the total 
     administrative costs associated with such grants shall not 
     exceed $3,000,000 of the total amount made available under 
     this heading.

                       emergency food and shelter

       To carry out the emergency food and shelter program 
     pursuant to title III of the McKinney-Vento Homeless 
     Assistance Act (42 U.S.C. 11331 et seq.), $120,000,000, to 
     remain available until expended:  Provided, That total 
     administrative costs shall not exceed 3.5 percent of the 
     total amount made available under this heading.

                                TITLE IV

            RESEARCH AND DEVELOPMENT, TRAINING, AND SERVICES

           United States Citizenship and Immigration Services

       For necessary expenses for citizenship and immigration 
     services, $102,424,000 for the E-Verify Program, as described 
     in section 403(a) of the Illegal Immigration Reform and 
     Immigrant Responsibility Act of 1996 (8 U.S.C. 1324a note), 
     to assist United States employers with maintaining a legal 
     workforce:  Provided, That notwithstanding any other 
     provision of law, funds otherwise made available to United 
     States Citizenship and Immigration Services may be used to 
     acquire, operate, equip, and dispose of up to 5 vehicles, for 
     replacement only, for areas where the Administrator of 
     General Services does not provide vehicles for lease:  
     Provided further, That the Director of United States 
     Citizenship and Immigration Services may authorize employees 
     who are assigned to those areas to use such vehicles to 
     travel between the employees' residences and places of 
     employment.

[[Page 20340]]



                Federal Law Enforcement Training Center

                         salaries and expenses

       For necessary expenses of the Federal Law Enforcement 
     Training Center, including materials and support costs of 
     Federal law enforcement basic training; the purchase of not 
     to exceed 117 vehicles for police-type use and hire of 
     passenger motor vehicles; expenses for student athletic and 
     related activities; the conduct of and participation in 
     firearms matches and presentation of awards; public awareness 
     and enhancement of community support of law enforcement 
     training; room and board for student interns; a flat monthly 
     reimbursement to employees authorized to use personal mobile 
     phones for official duties; and services as authorized by 
     section 3109 of title 5, United States Code; $238,957,000; of 
     which up to $48,978,000 shall remain available until 
     September 30, 2013, for materials and support costs of 
     Federal law enforcement basic training; of which $300,000 
     shall remain available until expended to be distributed to 
     Federal law enforcement agencies for expenses incurred 
     participating in training accreditation; and of which not to 
     exceed $10,200 shall be for official reception and 
     representation expenses:  Provided, That the Center is 
     authorized to obligate funds in anticipation of 
     reimbursements from agencies receiving training sponsored by 
     the Center, except that total obligations at the end of the 
     fiscal year shall not exceed total budgetary resources 
     available at the end of the fiscal year:  Provided further, 
     That section 1202(a) of Public Law 107-206 (42 U.S.C. 3771 
     note), as amended by Public Law 111-83 (123 Stat. 2166), is 
     further amended by striking ``December 31, 2012'' and 
     inserting ``December 31, 2014'':  Provided further, That the 
     Director of the Federal Law Enforcement Training Center shall 
     schedule basic or advanced law enforcement training, or both, 
     at all four training facilities under the control of the 
     Federal Law Enforcement Training Center to ensure that such 
     training facilities are operated at the highest capacity 
     throughout the fiscal year:  Provided further, That the 
     Federal Law Enforcement Training Accreditation Board, 
     including representatives from the Federal law enforcement 
     community and non-Federal accreditation experts involved in 
     law enforcement training, shall lead the Federal law 
     enforcement training accreditation process to continue the 
     implementation of measuring and assessing the quality and 
     effectiveness of Federal law enforcement training programs, 
     facilities, and instructors.

     acquisitions, construction, improvements, and related expenses

       For acquisition of necessary additional real property and 
     facilities, construction, and ongoing maintenance, facility 
     improvements, and related expenses of the Federal Law 
     Enforcement Training Center, $32,456,000, to remain available 
     until September 30, 2016:  Provided, That the Center is 
     authorized to accept reimbursement to this appropriation from 
     government agencies requesting the construction of special 
     use facilities.

                         Science and Technology

                     management and administration

       For salaries and expenses of the Office of the Under 
     Secretary for Science and Technology and for management and 
     administration of programs and activities, as authorized by 
     title III of the Homeland Security Act of 2002 (6 U.S.C. 181 
     et seq.), $135,000,000:  Provided, That not to exceed $8,500 
     shall be for official reception and representation expenses.

           research, development, acquisition, and operations

       For necessary expenses for science and technology research, 
     including advanced research projects, development, test and 
     evaluation, acquisition, and operations as authorized by 
     title III of the Homeland Security Act of 2002 (6 U.S.C. 181 
     et seq.), and the purchase or lease of not to exceed 5 
     vehicles, $533,000,000, of which $356,500,000, to remain 
     available until September 30, 2014; and of which 
     $176,500,000, to remain available until September 30, 2016, 
     solely for operation and construction of laboratory 
     facilities.

                   Domestic Nuclear Detection Office

                     management and administration

       For salaries and expenses of the Domestic Nuclear Detection 
     Office, as authorized by title XIX of the Homeland Security 
     Act of 2002 (6 U.S.C. 591 et seq.), for management and 
     administration of programs and activities, $38,000,000:  
     Provided, That not to exceed $2,500 shall be for official 
     reception and representation expenses:  Provided further, 
     That not later than 180 days after the date of enactment of 
     this Act, the Secretary of Homeland Security shall submit to 
     the Committees on Appropriations of the Senate and the House 
     of Representatives a strategic plan of investments necessary 
     to implement the Department of Homeland Security's 
     responsibilities under the domestic component of the global 
     nuclear detection architecture that shall:
       (1) define each Departmental entity's roles and 
     responsibilities in support of the domestic detection 
     architecture, including any existing or planned programs to 
     pre-screen cargo or conveyances overseas;
       (2) identify and describe the specific investments being 
     made by Departmental organizations in fiscal year 2012, and 
     planned for fiscal year 2013, to support the domestic 
     architecture and the security of sea, land, and air pathways 
     into the United States;
       (3) describe the investments necessary to close known 
     vulnerabilities and gaps, including associated costs and 
     timeframes, and estimates of feasibility and cost 
     effectiveness; and
       (4) explain how the Department's research and development 
     funding is furthering the implementation of the domestic 
     nuclear detection architecture, including specific 
     investments planned for each of fiscal years 2012 and 2013.

                 research, development, and operations

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

                          systems acquisition

       For expenses for the Domestic Nuclear Detection Office 
     acquisition and deployment of radiological detection systems 
     in accordance with the global nuclear detection architecture, 
     $37,000,000, to remain available until September 30, 2014.

                                TITLE V

                           GENERAL PROVISIONS

       Sec. 501.  No part of any appropriation contained in this 
     Act shall remain available for obligation beyond the current 
     fiscal year unless expressly so provided herein.
       Sec. 502.  Subject to the requirements of section 503 of 
     this Act, the unexpended balances of prior appropriations 
     provided for activities in this Act may be transferred to 
     appropriation accounts for such activities established 
     pursuant to this Act, may be merged with funds in the 
     applicable established accounts, and thereafter may be 
     accounted for as one fund for the same time period as 
     originally enacted.
       Sec. 503. (a) None of the funds provided by this Act, 
     provided by previous appropriations Acts to the agencies in 
     or transferred to the Department of Homeland Security that 
     remain available for obligation or expenditure in fiscal year 
     2012, or provided from any accounts in the Treasury of the 
     United States derived by the collection of fees available to 
     the agencies funded by this Act, shall be available for 
     obligation or expenditure through a reprogramming of funds 
     that:
       (1) creates a new program, project, or activity;
       (2) eliminates a program, project, office, or activity;
       (3) increases funds for any program, project, or activity 
     for which funds have been denied or restricted by the 
     Congress;
       (4) proposes to use funds directed for a specific activity 
     by either of the Committees on Appropriations of the Senate 
     or the House of Representatives for a different purpose; or
       (5) contracts out any function or activity for which 
     funding levels were requested for Federal full-time 
     equivalents in the object classification tables contained in 
     the fiscal year 2012 Budget Appendix for the Department of 
     Homeland Security, as modified by the joint explanatory 
     statement accompanying this Act, unless the Committees on 
     Appropriations of the Senate and the House of Representatives 
     are notified 15 days in advance of such reprogramming of 
     funds.
       (b) None of the funds provided by this Act, provided by 
     previous appropriations Acts to the agencies in or 
     transferred to the Department of Homeland Security that 
     remain available for obligation or expenditure in fiscal year 
     2012, or provided from any accounts in the Treasury of the 
     United States derived by the collection of fees or proceeds 
     available to the agencies funded by this Act, shall be 
     available for obligation or expenditure for programs, 
     projects, or activities through a reprogramming of funds in 
     excess of $5,000,000 or 10 percent, whichever is less, that:
       (1) augments existing programs, projects, or activities;
       (2) reduces by 10 percent funding for any existing program, 
     project, or activity, or reduces the numbers of personnel by 
     10 percent as approved by the Congress; or
       (3) results from any general savings from a reduction in 
     personnel that would result in a change in existing programs, 
     projects, or activities as approved by the Congress, unless 
     the Committees on Appropriations of the Senate and the House 
     of Representatives are notified 15 days in advance of such 
     reprogramming of funds.
       (c) Not to exceed 5 percent of any appropriation made 
     available for the current fiscal year for the Department of 
     Homeland Security by this Act or provided by previous 
     appropriations Acts may be transferred between such 
     appropriations, but no such appropriation, except as 
     otherwise specifically provided, shall be increased by more 
     than 10 percent by such transfers:  Provided, That any 
     transfer under this section shall be treated as a 
     reprogramming of funds under subsection (b) and shall not be 
     available for obligation unless the Committees on 
     Appropriations of the Senate and the House of Representatives 
     are notified 15 days in advance of such transfer.
       (d) Notwithstanding subsections (a), (b), and (c) of this 
     section, no funds shall be reprogrammed within or transferred 
     between appropriations after June 30, except in extraordinary 
     circumstances that imminently threaten the safety of human 
     life or the protection of property.
       (e) The notification thresholds and procedures set forth in 
     this section shall apply to any use of deobligated balances 
     of funds provided in previous Department of Homeland Security 
     Appropriations Acts.
       Sec. 504.  The Department of Homeland Security Working 
     Capital Fund, established pursuant to section 403 of Public 
     Law 103-356 (31 U.S.C. 501 note), shall continue operations 
     as a permanent working capital fund for fiscal year 2012:  
     Provided, That none of the funds appropriated or otherwise 
     made available to the Department of Homeland Security may be 
     used to

[[Page 20341]]

     make payments to the Working Capital Fund, except for the 
     activities and amounts allowed in the President's fiscal year 
     2012 budget:  Provided further, That funds provided to the 
     Working Capital Fund shall be available for obligation until 
     expended to carry out the purposes of the Working Capital 
     Fund:  Provided further, That all departmental components 
     shall be charged only for direct usage of each Working 
     Capital Fund service:  Provided further, That funds provided 
     to the Working Capital Fund shall be used only for purposes 
     consistent with the contributing component:  Provided 
     further, That the Working Capital Fund shall be paid in 
     advance or reimbursed at rates which will return the full 
     cost of each service:  Provided further, That the Working 
     Capital Fund shall be subject to the requirements of section 
     503 of this Act.
       Sec. 505.  Except as otherwise specifically provided by 
     law, not to exceed 50 percent of unobligated balances 
     remaining available at the end of fiscal year 2012 from 
     appropriations for salaries and expenses for fiscal year 2012 
     in this Act shall remain available through September 30, 
     2013, in the account and for the purposes for which the 
     appropriations were provided:  Provided, That prior to the 
     obligation of such funds, a request shall be submitted to the 
     Committees on Appropriations of the Senate and the House of 
     Representatives for approval in accordance with section 503 
     of this Act.
       Sec. 506.  Funds made available by this Act for 
     intelligence activities are deemed to be specifically 
     authorized by the Congress for purposes of section 504 of the 
     National Security Act of 1947 (50 U.S.C. 414) during fiscal 
     year 2012 until the enactment of an Act authorizing 
     intelligence activities for fiscal year 2012.
       Sec. 507. (a) Except as provided in subsections (b) and 
     (c), none of the funds made available by this Act may be used 
     to--
       (1) make or award a grant allocation, grant, contract, 
     other transaction agreement, task or delivery order on a 
     Department of Homeland Security multiple award contract, or 
     to issue a letter of intent totaling in excess of $1,000,000;
       (2) award a task or delivery order requiring an obligation 
     of funds in an amount greater than $10,000,000 from multi-
     year Department of Homeland Security funds or a task or 
     delivery order that would cause cumulative obligations of 
     multi-year funds in a single account to exceed 50 percent of 
     the total amount appropriated; or
       (3) announce publicly the intention to make or award items 
     under paragraph (1) or (2), including a contract covered by 
     the Federal Acquisition Regulation.
       (b) The Secretary of Homeland Security may waive the 
     prohibition under subsection (a) if the Secretary notifies 
     the Committees on Appropriations of the Senate and the House 
     of Representatives at least 3 full business days in advance 
     of making an award or issuing a letter as described in that 
     subsection.
       (c) If the Secretary of Homeland Security determines that 
     compliance with this section would pose a substantial risk to 
     human life, health, or safety, an award may be made without 
     notification, and the Secretary shall notify the Committees 
     on Appropriations of the Senate and the House of 
     Representatives not later than 5 full business days after 
     such an award is made or letter issued.
       (d) A notification under this section--
       (1) may not involve funds that are not available for 
     obligation; and
       (2) shall include the amount of the award, the fiscal year 
     for which the funds for the award were appropriated, and the 
     account from which the funds are being drawn.
       (e) The Administrator of the Federal Emergency Management 
     Agency shall brief the Committees on Appropriations of the 
     Senate and the House of Representatives 5 full business days 
     in advance of announcing publicly the intention of making an 
     award under ``State and Local Programs''.
       Sec. 508.  Notwithstanding any other provision of law, no 
     agency shall purchase, construct, or lease any additional 
     facilities, except within or contiguous to existing 
     locations, to be used for the purpose of conducting Federal 
     law enforcement training without the advance approval of the 
     Committees on Appropriations of the Senate and the House of 
     Representatives, except that the Federal Law Enforcement 
     Training Center is authorized to obtain the temporary use of 
     additional facilities by lease, contract, or other agreement 
     for training that cannot be accommodated in existing Center 
     facilities.
       Sec. 509.  None of the funds appropriated or otherwise made 
     available by this Act may be used for expenses for any 
     construction, repair, alteration, or acquisition project for 
     which a prospectus otherwise required under chapter 33 of 
     title 40, United States Code, has not been approved, except 
     that necessary funds may be expended for each project for 
     required expenses for the development of a proposed 
     prospectus.
       Sec. 510.  Sections 520, 522, and 530, of the Department of 
     Homeland Security Appropriations Act, 2008 (division E of 
     Public Law 110-161; 121 Stat. 2073 and 2074) shall apply with 
     respect to funds made available in this Act in the same 
     manner as such sections applied to funds made available in 
     that Act.
       Sec. 511.  None of the funds made available in this Act may 
     be used in contravention of the applicable provisions of the 
     Buy American Act (41 U.S.C. 10a et seq.).
       Sec. 512.  None of the funds made available in this Act may 
     be used by any person other than the Privacy Officer 
     appointed under subsection (a) of section 222 of the Homeland 
     Security Act of 2002 (6 U.S.C. 142(a)) to alter, direct that 
     changes be made to, delay, or prohibit the transmission to 
     Congress of any report prepared under paragraph (6) of such 
     subsection.
       Sec. 513.  None of the funds made available in this Act may 
     be used to amend the oath of allegiance required by section 
     337 of the Immigration and Nationality Act (8 U.S.C. 1448).
       Sec. 514.  Within 45 days after the end of each month, the 
     Chief Financial Officer of the Department of Homeland 
     Security shall submit to the Committees on Appropriations of 
     the Senate and the House of Representatives a monthly budget 
     and staffing report for that month that includes total 
     obligations, on-board versus funded full-time equivalent 
     staffing levels, and the number of contract employees for 
     each office of the Department.
       Sec. 515.  None of the funds appropriated by this Act may 
     be used to process or approve a competition under Office of 
     Management and Budget Circular A-76 for services provided as 
     of June 1, 2004, by employees (including employees serving on 
     a temporary or term basis) of United States Citizenship and 
     Immigration Services of the Department of Homeland Security 
     who are known as of that date as Immigration Information 
     Officers, Contact Representatives, or Investigative 
     Assistants.
       Sec. 516.  Except as provided in section 44945 of title 49, 
     United States Code, funds appropriated or transferred to 
     Transportation Security Administration ``Aviation Security'', 
     ``Administration'', and ``Transportation Security Support'' 
     for fiscal years 2004 and 2005 that are recovered or 
     deobligated shall be available only for the procurement or 
     installation of explosives detection systems, air cargo, 
     baggage, and checkpoint screening systems, subject to 
     notification:  Provided, That quarterly reports shall be 
     submitted to the Committees on Appropriations of the Senate 
     and the House of Representatives on any funds that are 
     recovered or deobligated.
       Sec. 517.  Any funds appropriated to Coast Guard 
     ``Acquisition, Construction, and Improvements'' for fiscal 
     years 2002, 2003, 2004, 2005, and 2006 for the 110-123 foot 
     patrol boat conversion that are recovered, collected, or 
     otherwise received as the result of negotiation, mediation, 
     or litigation, shall be available until expended for the Fast 
     Response Cutter program.
       Sec. 518.  Section 532(a) of Public Law 109-295 (120 Stat. 
     1384) is amended by striking ``2011'' and inserting ``2012''.
       Sec. 519.  The functions of the Federal Law Enforcement 
     Training Center instructor staff shall be classified as 
     inherently governmental for the purpose of the Federal 
     Activities Inventory Reform Act of 1998 (31 U.S.C. 501 note).
       Sec. 520. (a) Except as provided in subsection (b), none of 
     the funds appropriated in this or any other Act to the 
     ``Office of the Secretary and Executive Management'', the 
     ``Office of the Under Secretary for Management'', or the 
     ``Office of the Chief Financial Officer'', may be obligated 
     for a grant or contract funded under such headings by any 
     means other than full and open competition.
       (b) Subsection (a) does not apply to obligation of funds 
     for a contract awarded--
       (1) by a means that is required by a Federal statute, 
     including obligation for a purchase made under a mandated 
     preferential program, including the AbilityOne Program, that 
     is authorized under the Javits-Wagner-O'Day Act (41 U.S.C. 46 
     et seq.);
       (2) pursuant to the Small Business Act (15 U.S.C. 631 et 
     seq.);
       (3) in an amount less than the simplified acquisition 
     threshold described under section 302A(a) of the Federal 
     Property and Administrative Services Act of 1949 (41 U.S.C. 
     252a(a)); or
       (4) by another Federal agency using funds provided through 
     an interagency agreement.
       (c)(1) Subject to paragraph (2), the Secretary of Homeland 
     Security may waive the application of this section for the 
     award of a contract in the interest of national security or 
     if failure to do so would pose a substantial risk to human 
     health or welfare.
       (2) Not later than 5 days after the date on which the 
     Secretary of Homeland Security issues a waiver under this 
     subsection, the Secretary shall submit notification of that 
     waiver to the Committees on Appropriations of the Senate and 
     the House of Representatives, including a description of the 
     applicable contract to which the waiver applies and an 
     explanation of why the waiver authority was used:  Provided, 
     That the Secretary may not delegate the authority to grant 
     such a waiver.
       (d) In addition to the requirements established by 
     subsections (a), (b), and (c) of this section, the Inspector 
     General of the Department of Homeland Security shall review 
     departmental contracts awarded through means other than a 
     full and open competition to assess departmental compliance 
     with applicable laws and regulations:  Provided, That the 
     Inspector General shall review selected contracts awarded in 
     the previous fiscal year through means other than a full and 
     open competition:  Provided further, That in selecting which 
     contracts to review, the Inspector General shall consider the 
     cost and complexity of the goods and services to be provided 
     under the contract, the criticality of the contract to 
     fulfilling Department missions, past performance problems on 
     similar contracts or by the selected vendor, complaints 
     received about the award process or contractor performance, 
     and such other factors as the Inspector General deems 
     relevant:  Provided further, That the Inspector General shall 
     report the results of the reviews to the Committees on 
     Appropriations of the Senate and the House of Representatives 
     no later than February 6, 2012.
       Sec. 521.  None of the funds provided by this or previous 
     appropriations Acts shall be used to

[[Page 20342]]

     fund any position designated as a Principal Federal Official 
     (or the successor thereto) for any Robert T. Stafford 
     Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 
     et seq.) declared disasters or emergencies unless--
       (1) The responsibilities of the Principal Federal Official 
     do not include operational functions related to incident 
     management, including coordination of operations, and are 
     consistent with the requirements of subsection 509(c) and 
     subsections 503(c)(3) and (c)(4)(A) of the Homeland Security 
     Act of 2002 (6 U.S.C. 319(c) and 313(c)(3) and (c)(4)(A)) and 
     section 302 of the Robert T. Stafford Disaster Relief and 
     Assistance Act (42 U.S.C. 5143);
       (2) Not later than 10 business days after the latter of the 
     date on which the Secretary of Homeland Security appoints the 
     Principal Federal Official and the date on which the 
     President issues a declaration under section 401 or section 
     501 of the Robert T. Stafford Disaster Relief and Emergency 
     Assistance Act (42 U.S.C. 5170 and 5191, respectively), the 
     Secretary of Homeland Security shall submit a notification of 
     the appointment of the Principal Federal Official and a 
     description of the responsibilities of such Official and how 
     such responsibilities are consistent with paragraph (1) to 
     the Committees on Appropriations of the Senate and the House 
     of Representatives, the Transportation and Infrastructure 
     Committee of the House of Representatives, and the Homeland 
     Security and Governmental Affairs Committee of the Senate; 
     and
       (3) Not later than 60 days after the date of enactment of 
     this Act, the Secretary shall provide a report specifying 
     timeframes and milestones regarding the update of operations, 
     planning and policy documents, and training and exercise 
     protocols, to ensure consistency with paragraph (1) of this 
     section.
       Sec. 522.  None of the funds made available in this or any 
     other Act for fiscal years 2012 and thereafter may be used to 
     enforce section 4025(1) of Public Law 108-458 unless the 
     Administrator of the Transportation Security Administration 
     reverses the determination of July 19, 2007, that butane 
     lighters are not a significant threat to civil aviation 
     security.
       Sec. 523.  None of the funds provided or otherwise made 
     available in this Act shall be available to carry out section 
     872 of the Homeland Security Act of 2002 (6 U.S.C. 452).
       Sec. 524.  Funds made available in this Act may be used to 
     alter operations within the Civil Engineering Program of the 
     Coast Guard nationwide, including civil engineering units, 
     facilities design and construction centers, maintenance and 
     logistics commands, and the Coast Guard Academy, except that 
     none of the funds provided in this Act may be used to reduce 
     operations within any Civil Engineering Unit unless 
     specifically authorized by a statute enacted after the date 
     of enactment of this Act.
       Sec. 525.  None of the funds made available in this Act may 
     be used by United States Citizenship and Immigration Services 
     to grant an immigration benefit unless the results of 
     background checks required by law to be completed prior to 
     the granting of the benefit have been received by United 
     States Citizenship and Immigration Services, and the results 
     do not preclude the granting of the benefit.
       Sec. 526.  None of the funds made available in this or any 
     other Act for fiscal year 2012 and thereafter may be used to 
     destroy or put out to pasture any horse or other equine 
     belonging to any component or agency of the Department of 
     Homeland Security that has become unfit for service, unless 
     the trainer or handler is first given the option to take 
     possession of the equine through an adoption program that has 
     safeguards against slaughter and inhumane treatment.
       Sec. 527.  Section 831 of the Homeland Security Act of 2002 
     (6 U.S.C. 391) is amended--
       (1) in subsection (a), by striking ``Until September 30, 
     2011,'' and inserting ``Until September 30, 2012,'';
       (2) by striking subsection (b);
       (3) by redesignating subsections (c), (d), and (e) as 
     subsections (b), (c), and (d), respectively; and
       (4) in subsection (c)(1) (as redesignated by paragraph (3) 
     of this section), by striking ``September 30, 2011,'' and 
     inserting ``September 30, 2012,''.
       Sec. 528.  The Secretary of Homeland Security shall require 
     that all contracts of the Department of Homeland Security 
     that provide award fees link such fees to successful 
     acquisition outcomes (which outcomes shall be specified in 
     terms of cost, schedule, and performance).
       Sec. 529.  Notwithstanding any other provision of law, none 
     of the funds provided in this or any other Act shall be used 
     to approve a waiver of the navigation and vessel-inspection 
     laws pursuant to 46 U.S.C. 501(b) for the transportation of 
     crude oil distributed from the Strategic Petroleum Reserve 
     until the Secretary of Homeland Security, after consultation 
     with the Secretaries of the Departments of Energy and 
     Transportation and representatives from the United States 
     flag maritime industry, takes adequate measures to ensure the 
     use of United States flag vessels:  Provided, That the 
     Secretary shall notify the Committees on Appropriations of 
     the Senate and the House of Representatives, the Committee on 
     Commerce, Science, and Transportation of the Senate, and the 
     Committee on Transportation and Infrastructure of the House 
     of Representatives within 48 hours of any request for waivers 
     of navigation and vessel-inspection laws pursuant to 46 
     U.S.C. 501(b).
       Sec. 530.  None of the funds made available to the Office 
     of the Secretary and Executive Management under this Act may 
     be expended for any new hires by the Department of Homeland 
     Security that are not verified through the E-Verify Program 
     as described in section 403(a) of the Illegal Immigration 
     Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 
     1324a note).
       Sec. 531.  None of the funds in this Act shall be used to 
     reduce the United States Coast Guard's Operations Systems 
     Center mission or its government-employed or contract staff 
     levels.
       Sec. 532.  None of the funds made available in this Act for 
     U.S. Customs and Border Protection may be used to prevent an 
     individual not in the business of importing a prescription 
     drug (within the meaning of section 801(g) of the Federal 
     Food, Drug, and Cosmetic Act) from importing a prescription 
     drug from Canada that complies with the Federal Food, Drug, 
     and Cosmetic Act:  Provided, That this section shall apply 
     only to individuals transporting on their person a personal-
     use quantity of the prescription drug, not to exceed a 90-day 
     supply:  Provided further, That the prescription drug may not 
     be--
       (1) a controlled substance, as defined in section 102 of 
     the Controlled Substances Act (21 U.S.C. 802); or
       (2) a biological product, as defined in section 351 of the 
     Public Health Service Act (42 U.S.C. 262).
       Sec. 533.  None of the funds appropriated by this Act may 
     be used to conduct, or to implement the results of, a 
     competition under Office of Management and Budget Circular A-
     76 for activities performed with respect to the Coast Guard 
     National Vessel Documentation Center.
       Sec. 534.  The Secretary of Homeland Security, in 
     consultation with the Secretary of the Treasury, shall notify 
     the Committees on Appropriations of the Senate and the House 
     of Representatives of any proposed transfers of funds 
     available under section 9703.1 (g)(4)(B) of title 31, United 
     States Code (as added by Public Law 102-393) from the 
     Department of the Treasury Forfeiture Fund to any agency 
     within the Department of Homeland Security:  Provided, That 
     none of the funds identified for such a transfer may be 
     obligated until the Committees on Appropriations of the 
     Senate and the House of Representatives approve the proposed 
     transfers.
       Sec. 535.  None of the funds made available in this Act may 
     be used for planning, testing, piloting, or developing a 
     national identification card.
       Sec. 536.  If the Administrator of the Transportation 
     Security Administration determines that an airport does not 
     need to participate in the E-Verify Program as described in 
     section 403(a) of the Illegal Immigration Reform and 
     Immigrant Responsibility Act of 1996 (8 U.S.C. 1324a note), 
     the Administrator shall certify to the Committees on 
     Appropriations of the Senate and the House of Representatives 
     that no security risks will result from such non-
     participation.
       Sec. 537. (a) Notwithstanding any other provision of this 
     Act, except as provided in subsection (b), and 30 days after 
     the date on which the President determines whether to declare 
     a major disaster because of an event and any appeal is 
     completed, the Administrator shall publish on the Web site of 
     the Federal Emergency Management Agency a report regarding 
     that decision that shall summarize damage assessment 
     information used to determine whether to declare a major 
     disaster.
       (b) The Administrator may redact from a report under 
     subsection (a) any data that the Administrator determines 
     would compromise national security.
       (c) In this section--
       (1) the term ``Administrator'' means the Administrator of 
     the Federal Emergency Management Agency; and
       (2) the term ``major disaster'' has the meaning given that 
     term in section 102 of the Robert T. Stafford Disaster Relief 
     and Emergency Assistance Act (42 U.S.C. 5122).
       Sec. 538. (a) Notwithstanding any other provision of law 
     during fiscal year 2012 or any subsequent fiscal year, if the 
     Secretary of Homeland Security determines that the National 
     Bio- and Agro-defense Facility should be located at a site 
     other than Plum Island, New York, the Secretary shall ensure 
     that the Administrator of General Services sells through 
     public sale all real and related personal property and 
     transportation assets which support Plum Island operations, 
     subject to such terms and conditions as may be necessary to 
     protect Government interests and meet program requirements.
       (b) The proceeds of such sale described in subsection (a) 
     shall be deposited as offsetting collections into the 
     Department of Homeland Security Science and Technology 
     ``Research, Development, Acquisition, and Operations'' 
     account and, subject to appropriation, shall be available 
     until expended, for site acquisition, construction, and costs 
     related to the construction of the National Bio- and Agro-
     defense Facility, including the costs associated with the 
     sale, including due diligence requirements, necessary 
     environmental remediation at Plum Island, and reimbursement 
     of expenses incurred by the General Services Administration.
       Sec. 539.  Any official that is required by this Act to 
     report or to certify to the Committees on Appropriations of 
     the Senate and the House of Representatives may not delegate 
     such authority to perform that act unless specifically 
     authorized herein.
       Sec. 540.  Section 550(b) of the Department of Homeland 
     Security Appropriations Act, 2007 (Public Law 109-295; 6 
     U.S.C. 121 note), as amended by section 550 of the Department 
     of Homeland Security Appropriations Act, 2010 (Public Law 
     111-83), is further amended by striking ``on October 4, 
     2011'' and inserting ``on October 4, 2012''.

[[Page 20343]]

       Sec. 541.  None of the funds appropriated or otherwise made 
     available in this or any other Act may be used to transfer, 
     release, or assist in the transfer or release to or within 
     the United States, its territories, or possessions Khalid 
     Sheikh Mohammed or any other detainee who--
       (1) is not a United States citizen or a member of the Armed 
     Forces of the United States; and
       (2) is or was held on or after June 24, 2009, at the United 
     States Naval Station, Guantanamo Bay, Cuba, by the Department 
     of Defense.
       Sec. 542.  None of the funds made available in this Act may 
     be used for first-class travel by the employees of agencies 
     funded by this Act in contravention of sections 301-10.122 
     through 301.10-124 of title 41, Code of Federal Regulations.
       Sec. 543.  None of the funds made available in this Act may 
     be used to propose or effect a disciplinary or adverse 
     action, with respect to any Department of Homeland Security 
     employee who engages regularly with the public in the 
     performance of his or her official duties solely because that 
     employee elects to utilize protective equipment or measures, 
     including but not limited to surgical masks, N95 respirators, 
     gloves, or hand-sanitizers, where use of such equipment or 
     measures is in accord with Department of Homeland Security 
     policy, and Centers for Disease Control and Prevention and 
     Office of Personnel Management guidance.
       Sec. 544.  None of the funds made available in this Act may 
     be used to employ workers described in section 274A(h)(3) of 
     the Immigration and Nationality Act (8 U.S.C. 1324a(h)(3)).
       Sec. 545. (a) Any company that collects or retains personal 
     information directly from any individual who participates in 
     the Registered Traveler program of the Transportation 
     Security Administration shall safeguard and dispose of such 
     information in accordance with the requirements in--
       (1) the National Institute for Standards and Technology 
     Special Publication 800-30, entitled ``Risk Management Guide 
     for Information Technology Systems'';
       (2) the National Institute for Standards and Technology 
     Special Publication 800-53, Revision 3, entitled 
     ``Recommended Security Controls for Federal Information 
     Systems and Organizations,''; and
       (3) any supplemental standards established by the 
     Administrator of the Transportation Security Administration 
     (referred to in this section as the ``Administrator'').
       (b) The airport authority or air carrier operator that 
     sponsors the company under the Registered Traveler program 
     shall be known as the Sponsoring Entity.
       (c) The Administrator shall require any company covered by 
     subsection (a) to provide, not later than 30 days after the 
     date of enactment of this Act, to the Sponsoring Entity 
     written certification that the procedures used by the company 
     to safeguard and dispose of information are in compliance 
     with the requirements under subsection (a). Such 
     certification shall include a description of the procedures 
     used by the company to comply with such requirements.
       Sec. 546.  For fiscal year 2012 and thereafter, for 
     purposes of section 210C of the Homeland Security Act of 2002 
     (6 U.S.C. 124j), a rural area shall also include any area 
     that is located in a metropolitan statistical area and a 
     county, borough, parish, or area under the jurisdiction of an 
     Indian tribe with a population of not more than 50,000.
       Sec. 547.  Notwithstanding any other provision of this Act, 
     none of the funds appropriated or otherwise made available by 
     this Act may be used to pay award or incentive fees for 
     contractor performance that has been judged to be below 
     satisfactory performance or performance that does not meet 
     the basic requirements of a contract.
       Sec. 548. (a) Not later than 180 days after the date of 
     enactment of this Act, the Administrator of the 
     Transportation Security Administration shall submit to the 
     Committees on Appropriations of the Senate and the House of 
     Representatives, a report that either--
       (1) certifies that the requirement for screening all air 
     cargo on passenger aircraft by the deadline under section 
     44901(g) of title 49, United States Code, has been met; or
       (2) includes a strategy to comply with the requirements 
     under title 44901(g) of title 49, United States Code, 
     including--
       (A) a plan to meet the requirement under section 44901(g) 
     of title 49, United States Code, to screen 100 percent of air 
     cargo transported on passenger aircraft arriving in the 
     United States in foreign air transportation (as that term is 
     defined in section 40102 of that title); and
       (B) specification of--
       (i) the percentage of such air cargo that is being 
     screened; and
       (ii) the schedule for achieving screening of 100 percent of 
     such air cargo.
       (b) The Administrator shall continue to submit reports 
     described in subsection (a)(2) every 180 days thereafter 
     until the Administrator certifies that the Transportation 
     Security Administration has achieved screening of 100 percent 
     of such air cargo.
       Sec. 549.  In developing any process to screen aviation 
     passengers and crews for transportation or national security 
     purposes, the Secretary of Homeland Security shall ensure 
     that all such processes take into consideration such 
     passengers' and crews' privacy and civil liberties consistent 
     with applicable laws, regulations, and guidance.
       Sec. 550. (a) None of the funds made available in this Act 
     may be obligated for construction of the National Bio- and 
     Agro-defense Facility until the Department of Homeland 
     Security--
       (1) completes 50 percent of design planning for the 
     National Bio- and Agro-defense Facility;
       (2) submits to the Committees on Appropriations of the 
     Senate and the House of Representatives a revised site-
     specific biosafety and biosecurity mitigation risk assessment 
     that describes how to significantly reduce risks of 
     conducting essential research and diagnostic testing at the 
     National Bio- and Agro-defense Facility and addresses 
     shortcomings identified in the National Academy of Sciences' 
     evaluation of the initial site-specific biosafety and 
     biosecurity mitigation risk assessment; and
       (3) submits to the Committees on Appropriations of the 
     Senate and the House of Representatives the results of the 
     National Academy of Sciences' review of the risk assessment 
     as described in subsection (c).
       (b) The revised site-specific biosafety and biosecurity 
     mitigation risk assessment required by subsection (a) shall--
       (1) include a quantitative risk assessment for foot-and-
     mouth disease virus, in particular epidemiological and 
     economic impact modeling to determine the overall risk of 
     operating the facility for its expected 50-year life span, 
     taking into account strategies to mitigate risk of foot-and-
     mouth disease virus release from the laboratory and ensure 
     safe operations at the approved National Bio- and Agro-
     defense Facility site;
       (2) address the impact of surveillance, response, and 
     mitigation plans (developed in consultation with local, 
     State, and Federal authorities and appropriate stakeholders) 
     if a release occurs, to detect and control the spread of 
     disease; and
       (3) include overall risks of the most dangerous pathogens 
     the Department of Homeland Security expects to hold in the 
     National Bio- and Agro-defense Facility's biosafety level 4 
     facility, and effectiveness of mitigation strategies to 
     reduce those risks.
       (c) The Department of Homeland Security shall enter into a 
     contract with the National Academy of Sciences to evaluate 
     the adequacy and validity of the risk assessment required by 
     subsection (a). The National Academy of Sciences shall submit 
     a report on such evaluation within four months after the date 
     the Department of Homeland Security concludes its risk 
     assessment.
       Sec. 551. (a) Notwithstanding section 1356(n) of title 8, 
     United States Code, of the funds deposited into the 
     Immigration Examinations Fee Account, $10,000,000 shall be 
     available to United States Citizenship and Immigration 
     Services in fiscal year 2012 for the purpose of providing an 
     immigrant integration grants program.
       (b) None of the funds made available to United States 
     Citizenship and Immigration Services for grants for immigrant 
     integration may be used to provide services to aliens who 
     have not been lawfully admitted for permanent residence.
       Sec. 552.  For an additional amount for necessary expenses 
     for reimbursement of the actual costs to State and local 
     governments for providing emergency management, public 
     safety, and security at events, as determined by the 
     Administrator of the Federal Emergency Management Agency, 
     related to the presence of a National Special Security Event, 
     $7,500,000, to remain available until September 30, 2013.
       Sec. 553.  Notwithstanding the 10 percent limitation 
     contained in section 503(c) of this Act, the Secretary of 
     Homeland Security may transfer to the fund established by 8 
     U.S.C. 1101 note, up to $20,000,000 from appropriations 
     available to the Department of Homeland Security:  Provided, 
     That the Secretary shall notify the Committees on 
     Appropriations of the Senate and the House of Representatives 
     5 days in advance of such transfer.
       Sec. 554.  The administrative law judge annuitants 
     participating in the Senior Administrative Law Judge Program 
     managed by the Director of the Office of Personnel Management 
     under section 3323 of title 5, United States Code, shall be 
     available on a temporary re-employment basis to conduct 
     arbitrations of disputes as part of the arbitration panel 
     established by the President under section 601 of division A 
     of the American Recovery and Reinvestment Act of 2009 (Public 
     Law 111-5; 123 Stat. 164).
       Sec. 555.  None of the funds appropriated or otherwise made 
     available by this Act may be used by the Department of 
     Homeland Security to enter into any federal contract unless 
     such contract is entered into in accordance with the 
     requirements of the Federal Property and Administrative 
     Services Act of 1949 (41 U.S.C. 253) or Chapter 137 of title 
     10, United States Code, and the Federal Acquisition 
     Regulation, unless such contract is otherwise authorized by 
     statute to be entered into without regard to the above 
     referenced statutes.
       Sec. 556. (a) For an additional amount for data center 
     migration, $70,000,000.
       (b) Funds made available in subsection (a) for data center 
     migration may be transferred by the Secretary of Homeland 
     Security between appropriations for the same purpose, 
     notwithstanding section 503 of this Act.
       (c) No transfer described in subsection (b) shall occur 
     until 15 days after the Committees on Appropriations of the 
     Senate and the House of Representatives are notified of such 
     transfer.
       Sec. 557.  For fiscal year 2012 and thereafter, U.S. 
     Customs and Border Protection's Advanced Training Center is 
     authorized to charge fees for any service and/or thing of 
     value it provides to Federal Government or non-government 
     entities or individuals, so long as the fees charged do not 
     exceed the full costs associated with the service or thing of 
     value provided:  Provided, That notwithstanding 31 U.S.C. 
     3302(b), fees collected by the Advanced Training Center are

[[Page 20344]]

     to be deposited into a separate account entitled ``Advanced 
     Training Center Revolving Fund'', and be available, without 
     further appropriations, for necessary expenses of the 
     Advanced Training Center program, and are to remain available 
     until expended.
       Sec. 558.  Section 559(e) of Public Law 111-83 is amended--
        (a) in the matter preceding the first proviso, by striking 
     ``law, sell'' and inserting ``law, hereafter sell''; and
       (b) in the first proviso--
       (1) by striking ``shall be deposited'' and inserting 
     ``shall hereafter be deposited''; and
       (2) by striking ``subject to appropriation,'' and inserting 
     ``without further appropriations,''.
       Sec. 559.  Notwithstanding any other provision of law, 
     should the Secretary of Homeland Security determine that 
     specific U.S. Immigration and Customs Enforcement Service 
     Processing Centers or other U.S. Immigration and Customs 
     Enforcement owned detention facilities no longer meet the 
     mission need, the Secretary is authorized to dispose of 
     individual Service Processing Centers or other U.S. 
     Immigration and Customs Enforcement owned detention 
     facilities by directing the Administrator of General Services 
     to sell all real and related personal property which support 
     Service Processing Centers or other U.S. Immigration and 
     Customs Enforcement owned detention facilities, subject to 
     such terms and conditions as necessary to protect Government 
     interests and meet program requirements:  Provided, That the 
     proceeds, net of the costs of sale incurred by the General 
     Services Administration and U.S. Immigration and Customs 
     Enforcement, shall be deposited as offsetting collections 
     into a separate account that shall be available, subject to 
     appropriation, until expended for other real property capital 
     asset needs of existing U.S. Immigration and Customs 
     Enforcement assets, excluding daily operations and 
     maintenance costs, as the Secretary deems appropriate:  
     Provided further, That any sale or collocation of federally 
     owned detention facilities shall not result in the 
     maintenance of fewer than 34,000 detention beds:  Provided 
     further, That the Committees on Appropriations of the Senate 
     and the House of Representatives shall be notified 15 days 
     prior to the announcement of any proposed sale or 
     collocation.
       Sec. 560.  For an additional amount for the ``Office of the 
     Under Secretary for Management'', $55,979,000, to remain 
     available until expended, for necessary expenses to plan, 
     acquire, construct, renovate, remediate, equip, furnish, and 
     occupy buildings and facilities for the consolidation of 
     department headquarters at St. Elizabeths and associated 
     mission support consolidation:  Provided, That the Committees 
     on Appropriations of the Senate and the House of 
     Representatives shall receive an expenditure plan not later 
     than 90 days after the date of enactment of this Act 
     detailing the allocation of these funds.
       Sec. 561.  None of the funds made available by this Act may 
     be used to enforce the requirements in--
       (1) section 34(a)(1)(A) of the Federal Fire Prevention and 
     Control Act of 1974 (15 U.S.C. 2229(a)(1)(A));
       (2) section 34(a)(1)(B) of such Act;
       (3) section 34(c)(1) of such Act;
       (4) section 34(c)(2) of such Act;
       (5) section 34(c)(4)(A) of such Act; and
       (6) section 34(a)(1)(E) of such Act.
       Sec. 562.  Notwithstanding the requirement under section 
     34(a)(1)(A) of the Federal Fire Prevention and Control Act of 
     1974 (15 U.S.C. 2229a(a)(1)(A)) that grants must be used to 
     increase the number of firefighters in fire departments, the 
     Secretary of Homeland Security, in making grants under 
     section 34 of such Act using the funds appropriated for 
     fiscal year 2011, shall grant waivers from the requirements 
     of subsections (a)(1)(B), (c)(1), (c)(2), and (c)(4)(A) of 
     such section:  Provided, That section 34(a)(1)(E) of such Act 
     shall not apply with respect to funds appropriated for fiscal 
     year 2011 for grants under section 34 of such Act:  Provided 
     further, That the Secretary of Homeland Security, in making 
     grants under section 34 of such Act, shall ensure that funds 
     appropriated for fiscal year 2011 are made available for the 
     hiring, rehiring, or retention of firefighters.
       Sec. 563.  For fiscal year 2012 and thereafter, 
     notwithstanding section 1012(a)(5) of the Oil Pollution Act 
     of 1990 (33 U.S.C. 2712(a)(5)) and 31 U.S.C. 3302, in the 
     event that a spill of national significance occurs, any 
     payment of amounts from the Oil Spill Liability Trust Fund 
     pursuant to section 1012(a)(1) of the Oil Pollution Act of 
     1990 (33 U.S.C. 2712(a)(1)) for the removal costs incurred by 
     the Coast Guard for such spill, shall be credited directly to 
     the accounts of the Coast Guard current at the time such 
     removal costs were incurred or when reimbursement is 
     received:  Provided, That such amounts shall be merged with 
     and, without further appropriations, made available for the 
     same time period and the same purpose as the appropriation to 
     which it is credited.
       Sec. 564. (a) Civil Penalties for Circumventing Security 
     Screening.--Section 46301(a)(5)(A)(i) of title 49, United 
     States Code, is amended--
       (1) by striking ``or chapter 449'' and inserting ``chapter 
     449''; and
       (2) by inserting ``, or section 46314(a)'' after 
     ``44909)''.
       (b) Criminal Penalties for Circumventing Security 
     Screening.--Section 46314(b)(2) of title 49, United States 
     Code, is amended by inserting ``with intent to evade security 
     procedures or restrictions or'' after ``of this section''.
       (c) Notice of Penalties.--Section 46314 of title 49, United 
     States Code, is amended by adding at the end the following 
     new subsection:
       ``(c) Notice of Penalties.--
       ``(1) In general.--Each operator of an airport in the 
     United States that is required to establish an air 
     transportation security program pursuant to section 44903(c) 
     shall ensure that signs that meet such requirements as the 
     Secretary of Homeland Security may prescribe providing notice 
     of the penalties imposed under section 46301(a)(5)(A)(i) and 
     subsection (b) of this section are displayed near all 
     screening locations, all locations where passengers exit the 
     sterile area, and such other locations at the airport as the 
     Secretary of Homeland Security determines appropriate.
       ``(2) Effect of signs on penalties.--An individual shall be 
     subject to a penalty imposed under section 46301(a)(5)(A)(i) 
     or subsection (b) of this section without regard to whether 
     signs are displayed at an airport as required by paragraph 
     (1).''.
       Sec. 565. (a) Short Title.--This section may be cited as 
     the ``Disaster Assistance Recoupment Fairness Act of 2011''.
       (b) Debts Since 2005.--
       (1) Definition.--In this section, the term ``covered 
     assistance'' means assistance provided--
       (A) under section 408 of the Robert T. Stafford Disaster 
     Relief and Emergency Assistance Act (42 U.S.C. 5174); and
       (B) in relation to a major disaster declared by the 
     President under section 401 of the Robert T. Stafford 
     Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170) 
     during the period beginning on August 28, 2005, and ending on 
     December 31, 2010.
       (2) Waiver authority.--The Administrator of the Federal 
     Emergency Management Agency--
       (A) subject to subparagraph (B) and paragraph (3), may 
     waive a debt owed to the United States related to covered 
     assistance provided to an individual or household if--
       (i) the covered assistance was distributed based on an 
     error by the Federal Emergency Management Agency;
       (ii) there was no fault on behalf of the debtor; and
       (iii) the collection of the debt would be against equity 
     and good conscience; and
       (B) may not waive a debt under subparagraph (A) if the debt 
     involves fraud, the presentation of a false claim, or 
     misrepresentation by the debtor or any party having an 
     interest in the claim.
       (3) Presumption of repayment.--In determining whether to 
     waive a debt under paragraph (2), the Administrator of the 
     Federal Emergency Management Agency shall presume that, if 
     the adjusted gross income (as defined under section 62 of the 
     Internal Revenue Code of 1986) of the household of the debtor 
     for the last taxable year ending in or with the calendar year 
     preceding the date on which the income is determined exceeds 
     $90,000, the debtor should be required to make at least a 
     partial payment on the debt.
       (4) Reporting.--Not later than 3 months after the date of 
     enactment of this Act, and every 3 months thereafter until 
     the date that is 18 months after the date of enactment of 
     this Act, the Inspector General of the Department of Homeland 
     Security shall submit a report that assesses the cost-
     effectiveness of the efforts of the Federal Emergency 
     Management Agency to recoup improper payments under the 
     Individuals and Household Program under section 408 of the 
     Robert T. Stafford Disaster Relief and Emergency Assistance 
     Act (42 U.S.C. 5174) to--
       (A) the Committee on Homeland Security and Governmental 
     Affairs and the Subcommittee on Homeland Security of the 
     Committee on Appropriations of the Senate; and
       (B) the Committee on Homeland Security, the Committee on 
     Transportation and Infrastructure, and the Subcommittee on 
     Homeland Security of the Committee on Appropriations of the 
     House of Representatives.
       Sec. 566. (a) Notwithstanding section 312 of the Robert T. 
     Stafford Disaster Relief and Emergency Assistance Act and 
     subject to subsection (b), recipients of Small Business 
     Administration Disaster loans for disaster-related damage to 
     their homes may be eligible for reimbursement at the 
     discretion of the state, under Section 404 of that Act, for 
     documented and eligible mitigation work performed on their 
     home.
       (b) Limitations.--
       (1) Any reimbursement provided to or on behalf of a 
     homeowner pursuant to subsection (a) shall not exceed the 
     amount of the disaster loan that may be used and was used for 
     disaster mitigation activities; and
       (2) Subsection (a) shall only apply if the disaster loan 
     and assistance provided under section 404 were made available 
     in response to the same disaster declaration.
       (3) Shall be applicable only to disasters declared by the 
     President under section 401 of the Robert T. Stafford 
     Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170) 
     during the period beginning on August 28, 2005 and ending on 
     August 28, 2006.
       (c) If a state chooses to use funds under section 404 to 
     reimburse homeowners as provided in subsection (a), it shall 
     make payments in the following order:
       (1) First, to the Small Business Administration on behalf 
     of the eligible homeowner for the purpose of reducing, but 
     not below zero, the homeowner's outstanding debt obligation 
     to the Small Business Administration for the disaster loan; 
     and
       (2) Second, any remaining reimbursement shall be paid 
     directly to the homeowner.

[[Page 20345]]

       Sec. 567.  None of the funds made available under this Act 
     or any prior appropriations Act may be provided to the 
     Association of Community Organizations for Reform Now 
     (ACORN), or any of its affiliates, subsidiaries, or allied 
     organizations.
       Sec. 568.  The Commissioner of U.S. Customs and Border 
     Protection and the Assistant Secretary of Homeland Security 
     for U.S. Immigration and Customs Enforcement each shall 
     submit to the Committees on Appropriations of the Senate and 
     the House of Representatives with the congressional budget 
     justification, a multi-year investment and management plan, 
     to include each year starting with the current fiscal year 
     and the 3 subsequent fiscal years, for their respective 
     Offices of Information Technology to include for that 
     office--
       (1) the funding level by source for all funds to be 
     executed;
       (2) the funding included for each project and activity tied 
     to mission requirements, program management capabilities, 
     performance levels, and specific capabilities and services to 
     be delivered;
       (3) the total estimated cost and projected timeline of 
     completion for all multi-year enhancements, modernizations, 
     and new capabilities proposed in the current fiscal year or 
     underway; and
       (4) a detailed accounting of operation and maintenance 
     costs.
       Sec. 569.  The Secretary of Homeland Security shall ensure 
     enforcement of immigration laws (as defined in section 
     101(a)(17) of the Immigration and Nationality Act (8 U.S.C. 
     1101(a)(17))).

                             (rescissions)

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

                             (rescissions)

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

                             (rescissions)

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

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

                                TITLE I

                       DEPARTMENT OF THE INTERIOR

                       Bureau of Land Management

                   management of lands and resources

       For necessary expenses for protection, use, improvement, 
     development, disposal, cadastral surveying, classification, 
     acquisition of easements and other interests in lands, and 
     performance of other functions, including maintenance of 
     facilities, as authorized by law, in the management of lands 
     and their resources under the jurisdiction of the Bureau of 
     Land Management, including the general administration of the 
     Bureau, and assessment of mineral potential of public lands 
     pursuant to Public Law 96-487 (16 U.S.C. 3150(a)), 
     $961,900,000, to remain available until expended; of which 
     $3,000,000 shall be available in fiscal year 2012 subject to 
     a match by at least an equal amount by the National Fish and 
     Wildlife Foundation for cost-shared projects supporting 
     conservation of Bureau lands; and such funds shall be 
     advanced to the Foundation as a lump-sum grant without regard 
     to when expenses are incurred.
       In addition, $32,500,000 is for the processing of 
     applications for permit to drill and related use 
     authorizations, to remain available until expended, to be 
     reduced by amounts collected by the Bureau and credited to 
     this appropriation that shall be derived from $6,500 per new 
     application for permit to drill that the Bureau shall collect 
     upon submission of each new application, and in addition, 
     $39,696,000 is for Mining Law Administration program 
     operations, including the cost of administering the mining 
     claim fee program; to remain available until expended, to be 
     reduced by amounts collected by the Bureau and credited to 
     this appropriation from mining claim maintenance fees and 
     location fees that are hereby authorized for fiscal year 2012 
     so as to result in a final appropriation estimated at not 
     more than $961,900,000, and $2,000,000, to remain available 
     until expended, from communication site rental fees 
     established by the Bureau for the cost of administering 
     communication site activities.

                              construction

       For construction of buildings, recreation facilities, 
     roads, trails, and appurtenant facilities, $3,576,000, to 
     remain available until expended.

                            land acquisition

       For expenses necessary to carry out sections 205, 206, and 
     318(d) of Public Law 94-579, including administrative 
     expenses and acquisition of lands or waters, or interests 
     therein, $22,380,000, to be derived from the Land and Water 
     Conservation Fund and to remain available until expended.

                   oregon and california grant lands

       For expenses necessary for management, protection, and 
     development of resources and for construction, operation, and 
     maintenance of access roads, reforestation, and other 
     improvements on the revested Oregon and California Railroad 
     grant lands, on other Federal lands in the Oregon and 
     California land-grant counties of Oregon, and on adjacent 
     rights-of-way; and acquisition of lands or interests therein, 
     including existing connecting roads on or adjacent to such 
     grant lands; $112,043,000, to remain available until 
     expended:  Provided, That 25 percent of the aggregate of all 
     receipts during the current fiscal year from the revested 
     Oregon and California Railroad grant lands is hereby made a 
     charge against the Oregon and California land-grant fund and 
     shall be transferred to the General Fund in the Treasury in 
     accordance with the second paragraph of subsection (b) of 
     title II of the Act of August 28, 1937 (50 Stat. 876).

                           range improvements

       For rehabilitation, protection, and acquisition of lands 
     and interests therein, and improvement of Federal rangelands 
     pursuant to section 401 of the Federal Land Policy and 
     Management Act of 1976 (43 U.S.C. 1701), notwithstanding any 
     other Act, sums equal to 50 percent of all moneys received 
     during the prior fiscal year under sections 3 and 15 of the 
     Taylor Grazing Act (43 U.S.C. 315 et seq.) and the amount 
     designated for range improvements from grazing fees and 
     mineral leasing receipts from Bankhead-Jones lands 
     transferred to the Department of the Interior pursuant to 
     law, but not less than $10,000,000, to remain available until 
     expended:  Provided, That not to exceed $600,000 shall be 
     available for administrative expenses.

               service charges, deposits, and forfeitures

       For administrative expenses and other costs related to 
     processing application documents and other authorizations for 
     use and disposal of public lands and resources, for costs of 
     providing copies of official public land documents, for 
     monitoring construction, operation, and termination of 
     facilities in conjunction with use

[[Page 20346]]

     authorizations, and for rehabilitation of damaged property, 
     such amounts as may be collected under Public Law 94-579, as 
     amended, and Public Law 93-153, to remain available until 
     expended:  Provided, That, notwithstanding any provision to 
     the contrary of section 305(a) of Public Law 94-579 (43 
     U.S.C. 1735(a)), any moneys that have been or will be 
     received pursuant to that section, whether as a result of 
     forfeiture, compromise, or settlement, if not appropriate for 
     refund pursuant to section 305(c) of that Act (43 U.S.C. 
     1735(c)), shall be available and may be expended under the 
     authority of this Act by the Secretary to improve, protect, 
     or rehabilitate any public lands administered through the 
     Bureau of Land Management which have been damaged by the 
     action of a resource developer, purchaser, permittee, or any 
     unauthorized person, without regard to whether all moneys 
     collected from each such action are used on the exact lands 
     damaged which led to the action:  Provided further, That any 
     such moneys that are in excess of amounts needed to repair 
     damage to the exact land for which funds were collected may 
     be used to repair other damaged public lands.

                       miscellaneous trust funds

       In addition to amounts authorized to be expended under 
     existing laws, there is hereby appropriated such amounts as 
     may be contributed under section 307 of the Act of October 
     21, 1976 (43 U.S.C. 1701), and such amounts as may be 
     advanced for administrative costs, surveys, appraisals, and 
     costs of making conveyances of omitted lands under section 
     211(b) of that Act, to remain available until expended.

                       administrative provisions

       The Bureau of Land Management may carry out the operations 
     funded under this Act by direct expenditure, contracts, 
     grants, cooperative agreements and reimbursable agreements 
     with public and private entities, including with States. 
     Appropriations for the Bureau shall be available for 
     purchase, erection, and dismantlement of temporary 
     structures, and alteration and maintenance of necessary 
     buildings and appurtenant facilities to which the United 
     States has title; up to $100,000 for payments, at the 
     discretion of the Secretary, for information or evidence 
     concerning violations of laws administered by the Bureau; 
     miscellaneous and emergency expenses of enforcement 
     activities authorized or approved by the Secretary and to be 
     accounted for solely on the Secretary's certificate, not to 
     exceed $10,000:  Provided, That notwithstanding Public Law 
     90-620 (44 U.S.C. 501), the Bureau may, under cooperative 
     cost-sharing and partnership arrangements authorized by law, 
     procure printing services from cooperators in connection with 
     jointly produced publications for which the cooperators share 
     the cost of printing either in cash or in services, and the 
     Bureau determines the cooperator is capable of meeting 
     accepted quality standards:  Provided further, That projects 
     to be funded pursuant to a written commitment by a State 
     government to provide an identified amount of money in 
     support of the project may be carried out by the Bureau on a 
     reimbursable basis. Appropriations herein made shall not be 
     available for the destruction of healthy, unadopted, wild 
     horses and burros in the care of the Bureau or its 
     contractors or for the sale of wild horses and burros that 
     results in their destruction for processing into commercial 
     products.

                United States Fish and Wildlife Service

                          resource management

       For necessary expenses of the United States Fish and 
     Wildlife Service, as authorized by law, and for scientific 
     and economic studies, general administration, and for the 
     performance of other authorized functions related to such 
     resources, $1,228,142,000, to remain available until 
     September 30, 2013 except as otherwise provided herein:  
     Provided, That not to exceed $20,902,000 shall be used for 
     implementing subsections (a), (b), (c), and (e) of section 4 
     of the Endangered Species Act, as amended, (except for 
     processing petitions, developing and issuing proposed and 
     final regulations, and taking any other steps to implement 
     actions described in subsection (c)(2)(A), (c)(2)(B)(i), or 
     (c)(2)(B)(ii)), of which not to exceed $7,472,000 shall be 
     used for any activity regarding the designation of critical 
     habitat, pursuant to subsection (a)(3), excluding litigation 
     support, for species listed pursuant to subsection (a)(1) 
     prior to October 1, 2010; of which not to exceed $1,500,000 
     shall be used for any activity regarding petitions to list 
     species that are indigenous to the United States pursuant to 
     subsections (b)(3)(A) and (b)(3)(B); and, of which not to 
     exceed $1,500,000 shall be used for implementing subsections 
     (a), (b), (c), and (e) of section 4 of the Endangered Species 
     Act, as amended, for species that are not indigenous to the 
     United States:  Provided further, That, in fiscal year 2012 
     and hereafter of the amount available for law enforcement, up 
     to $400,000, to remain available until expended, may at the 
     discretion of the Secretary be used for payment for 
     information, rewards, or evidence concerning violations of 
     laws administered by the Service, and miscellaneous and 
     emergency expenses of enforcement activity, authorized or 
     approved by the Secretary and to be accounted for solely on 
     the Secretary's certificate:  Provided further, That in 
     fiscal year 2012 and hereafter, of the amount provided for 
     environmental contaminants, up to $1,000,000 may remain 
     available until expended for contaminant sample analyses.

                              construction

       For construction, improvement, acquisition, or removal of 
     buildings and other facilities required in the conservation, 
     management, investigation, protection, and utilization of 
     fish and wildlife resources, and the acquisition of lands and 
     interests therein; $23,088,000, to remain available until 
     expended.

                            land acquisition

       For expenses necessary to carry out the Land and Water 
     Conservation Fund Act of 1965, as amended (16 U.S.C. 460l-4 
     through 11), including administrative expenses, and for 
     acquisition of land or waters, or interest therein, in 
     accordance with statutory authority applicable to the United 
     States Fish and Wildlife Service, $54,720,000, to be derived 
     from the Land and Water Conservation Fund and to remain 
     available until expended, of which, notwithstanding 16 U.S.C. 
     460l-9, not more than $5,000,000 shall be for land 
     conservation partnerships authorized by the Highlands 
     Conservation Act of 2004, including not to exceed $160,000 
     for administrative expenses:  Provided, That none of the 
     funds appropriated for specific land acquisition projects may 
     be used to pay for any administrative overhead, planning or 
     other management costs.

            cooperative endangered species conservation fund

       For expenses necessary to carry out section 6 of the 
     Endangered Species Act of 1973, as amended (16 U.S.C. 1531 et 
     seq.), $47,757,000, to remain available until expended, of 
     which $22,757,000 is to be derived from the Cooperative 
     Endangered Species Conservation Fund; and of which 
     $25,000,000 is to be derived from the Land and Water 
     Conservation Fund.

                     national wildlife refuge fund

       For expenses necessary to implement the Act of October 17, 
     1978 (16 U.S.C. 715s), $13,980,000.

               north american wetlands conservation fund

       For expenses necessary to carry out the provisions of the 
     North American Wetlands Conservation Act, as amended (16 
     U.S.C. 4401 et seq.), $35,554,000, to remain available until 
     expended.

                neotropical migratory bird conservation

       For expenses necessary to carry out the Neotropical 
     Migratory Bird Conservation Act, as amended, (16 U.S.C. 6101 
     et seq.), $3,792,000, to remain available until expended.

                multinational species conservation fund

       For expenses necessary to carry out the African Elephant 
     Conservation Act (16 U.S.C. 4201 et seq.), the Asian Elephant 
     Conservation Act of 1997 (16 U.S.C. 4261 et seq.), the 
     Rhinoceros and Tiger Conservation Act of 1994 (16 U.S.C. 5301 
     et seq.), the Great Ape Conservation Act of 2000 (16 U.S.C. 
     6301 et seq.), and the Marine Turtle Conservation Act of 2004 
     (16 U.S.C. 6601 et seq.), $9,481,000, to remain available 
     until expended.

                    state and tribal wildlife grants

       For wildlife conservation grants to States and to the 
     District of Columbia, Puerto Rico, Guam, the United States 
     Virgin Islands, the Northern Mariana Islands, American Samoa, 
     and Indian tribes under the provisions of the Fish and 
     Wildlife Act of 1956 and the Fish and Wildlife Coordination 
     Act, for the development and implementation of programs for 
     the benefit of wildlife and their habitat, including species 
     that are not hunted or fished, $61,421,000, to remain 
     available until expended:  Provided, That of the amount 
     provided herein, $4,275,000 is for a competitive grant 
     program for Indian tribes not subject to the remaining 
     provisions of this appropriation:  Provided further, That 
     $5,741,000 is for a competitive grant program for States, 
     territories, and other jurisdictions with approved plans, not 
     subject to the remaining provisions of this appropriation:  
     Provided further, That the Secretary shall, after deducting 
     $10,016,000 and administrative expenses, apportion the amount 
     provided herein in the following manner: (1) to the District 
     of Columbia and to the Commonwealth of Puerto Rico, each a 
     sum equal to not more than one-half of 1 percent thereof; and 
     (2) to Guam, American Samoa, the United States Virgin 
     Islands, and the Commonwealth of the Northern Mariana 
     Islands, each a sum equal to not more than one-fourth of 1 
     percent thereof:  Provided further, That the Secretary shall 
     apportion the remaining amount in the following manner: (1) 
     one-third of which is based on the ratio to which the land 
     area of such State bears to the total land area of all such 
     States; and (2) two-thirds of which is based on the ratio to 
     which the population of such State bears to the total 
     population of all such States:  Provided further, That the 
     amounts apportioned under this paragraph shall be adjusted 
     equitably so that no State shall be apportioned a sum which 
     is less than 1 percent of the amount available for 
     apportionment under this paragraph for any fiscal year or 
     more than 5 percent of such amount:  Provided further, That 
     the Federal share of planning grants shall not exceed 75 
     percent of the total costs of such projects and the Federal 
     share of implementation grants shall not exceed 65 percent of 
     the total costs of such projects:  Provided further, That the 
     non-Federal share of such projects may not be derived from 
     Federal grant programs:  Provided further, That any amount 
     apportioned in 2012 to any State, territory, or other 
     jurisdiction that remains unobligated as of September 30, 
     2013, shall be reapportioned, together with funds 
     appropriated in 2014, in the manner provided herein.

                       administrative provisions

       The United States Fish and Wildlife Service may carry out 
     the operations of Service programs by direct expenditure, 
     contracts, grants, cooperative agreements and reimbursable 
     agreements with public and private entities. Appropriations 
     and funds available to the United

[[Page 20347]]

     States Fish and Wildlife Service shall be available for 
     repair of damage to public roads within and adjacent to 
     reservation areas caused by operations of the Service; 
     options for the purchase of land at not to exceed $1 for each 
     option; facilities incident to such public recreational uses 
     on conservation areas as are consistent with their primary 
     purpose; and the maintenance and improvement of aquaria, 
     buildings, and other facilities under the jurisdiction of the 
     Service and to which the United States has title, and which 
     are used pursuant to law in connection with management, and 
     investigation of fish and wildlife resources:  Provided, That 
     notwithstanding 44 U.S.C. 501, the Service may, under 
     cooperative cost sharing and partnership arrangements 
     authorized by law, procure printing services from cooperators 
     in connection with jointly produced publications for which 
     the cooperators share at least one-half the cost of printing 
     either in cash or services and the Service determines the 
     cooperator is capable of meeting accepted quality standards:  
     Provided further, That the Service may accept donated 
     aircraft as replacements for existing aircraft.

                         National Park Service

                 operation of the national park system

       For expenses necessary for the management, operation, and 
     maintenance of areas and facilities administered by the 
     National Park Service and for the general administration of 
     the National Park Service, $2,240,152,000, of which 
     $9,832,000 for planning and interagency coordination in 
     support of Everglades restoration and $97,883,000 for 
     maintenance, repair, or rehabilitation projects for 
     constructed assets, operation of the National Park Service 
     automated facility management software system, and 
     comprehensive facility condition assessments shall remain 
     available until September 30, 2013.

                  national recreation and preservation

       For expenses necessary to carry out recreation programs, 
     natural programs, cultural programs, heritage partnership 
     programs, environmental compliance and review, international 
     park affairs, and grant administration, not otherwise 
     provided for, $59,975,000:  Provided, That section 502(c) of 
     the Chesapeake Bay Initiative Act of 1998 (16 U.S.C. 461 
     note; Public Law 105-312) is amended by striking ``2011'' and 
     inserting ``2013''.

                       historic preservation fund

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

                              construction

                    (including rescission of funds)

       For construction, improvements, repair, or replacement of 
     physical facilities, including modifications authorized by 
     section 104 of the Everglades National Park Protection and 
     Expansion Act of 1989 (16 U.S.C. 410r-8), $159,621,000, to 
     remain available until expended:  Provided, That 
     notwithstanding any other provision of law, a single 
     procurement for the project to repair damage to the 
     Washington Monument may be issued that includes the full 
     scope of the project, so long as the solicitation and 
     contract shall contain the clause ``availability of 
     appropriated funds'' found in CFR section 52.232.18 of title 
     48.
       From funds previously made available under this heading, 
     $4,000,000 are rescinded.

                    land and water conservation fund

                              (rescission)

       The contract authority provided for fiscal year 2012 by 16 
     U.S.C. 460l-10a is rescinded.

                 land acquisition and state assistance

       For expenses necessary to carry out the Land and Water 
     Conservation Act of 1965, as amended (16 U.S.C. 460l-4 
     through 11), including administrative expenses, and for 
     acquisition of lands or waters, or interest therein, in 
     accordance with the statutory authority applicable to the 
     National Park Service, $102,060,000, to be derived from the 
     Land and Water Conservation Fund and to remain available 
     until expended, of which $45,000,000 is for the State 
     assistance program and of which $9,000,000 shall be for the 
     American Battlefield Protection Program grants as authorized 
     by section 7301 of the Omnibus Public Land Management Act of 
     2009 (Public Law 111-11).

                       administrative provisions

                     (including transfer of funds)

       In addition to other uses set forth in section 407(d) of 
     Public Law 105-391, franchise fees credited to a sub-account 
     shall be available for expenditure by the Secretary, without 
     further appropriation, for use at any unit within the 
     National Park System to extinguish or reduce liability for 
     Possessory Interest or leasehold surrender interest. Such 
     funds may only be used for this purpose to the extent that 
     the benefitting unit anticipated franchise fee receipts over 
     the term of the contract at that unit exceed the amount of 
     funds used to extinguish or reduce liability. Franchise fees 
     at the benefitting unit shall be credited to the sub-account 
     of the originating unit over a period not to exceed the term 
     of a single contract at the benefitting unit, in the amount 
     of funds so expended to extinguish or reduce liability.
       For the costs of administration of the Land and Water 
     Conservation Fund grants authorized by section 105(a)(2)(B) 
     of the Gulf of Mexico Energy Security Act of 2006 (Public Law 
     109-432), the National Park Service may retain up to 3 
     percent of the amounts which are authorized to be disbursed 
     under such section, such retained amounts to remain available 
     until expended.
       National Park Service funds may be transferred to the 
     Federal Highway Administration (FHWA), Department of 
     Transportation, for purposes authorized under 23 U.S.C. 204. 
     Transfers may include a reasonable amount for FHWA 
     administrative support costs.

                    United States Geological Survey

                 surveys, investigations, and research

       For expenses necessary for the United States Geological 
     Survey to perform surveys, investigations, and research 
     covering topography, geology, hydrology, biology, and the 
     mineral and water resources of the United States, its 
     territories and possessions, and other areas as authorized by 
     43 U.S.C. 31, 1332, and 1340; classify lands as to their 
     mineral and water resources; give engineering supervision to 
     power permittees and Federal Energy Regulatory Commission 
     licensees; administer the minerals exploration program (30 
     U.S.C. 641); conduct inquiries into the economic conditions 
     affecting mining and materials processing industries (30 
     U.S.C. 3, 21a, and 1603; 50 U.S.C. 98g(1)) and related 
     purposes as authorized by law; and to publish and disseminate 
     data relative to the foregoing activities; $1,069,744,000, to 
     remain available until September 30, 2013; of which 
     $51,569,700 shall remain available until expended for 
     satellite operations; and of which $7,292,000 shall be 
     available until expended for deferred maintenance and capital 
     improvement projects that exceed $100,000 in cost:  Provided, 
     That none of the funds provided for the ecosystem research 
     activity shall be used to conduct new surveys on private 
     property, unless specifically authorized in writing by the 
     property owner:  Provided further, That no part of this 
     appropriation shall be used to pay more than one-half the 
     cost of topographic mapping or water resources data 
     collection and investigations carried on in cooperation with 
     States and municipalities.

                       administrative provisions

       From within the amount appropriated for activities of the 
     United States Geological Survey such sums as are necessary 
     shall be available for reimbursement to the General Services 
     Administration for security guard services; contracting for 
     the furnishing of topographic maps and for the making of 
     geophysical or other specialized surveys when it is 
     administratively determined that such procedures are in the 
     public interest; construction and maintenance of necessary 
     buildings and appurtenant facilities; acquisition of lands 
     for gauging stations and observation wells; expenses of the 
     United States National Committee on Geology; and payment of 
     compensation and expenses of persons on the rolls of the 
     Survey duly appointed to represent the United States in the 
     negotiation and administration of interstate compacts:  
     Provided, That activities funded by appropriations herein 
     made may be accomplished through the use of contracts, 
     grants, or cooperative agreements as defined in section 6302 
     of title 31, United States Code:  Provided further, That the 
     United States Geological Survey may enter into contracts or 
     cooperative agreements directly with individuals or 
     indirectly with institutions or nonprofit organizations, 
     without regard to 41 U.S.C. 5, for the temporary or 
     intermittent services of students or recent graduates, who 
     shall be considered employees for the purpose of chapters 57 
     and 81 of title 5, United States Code, relating to 
     compensation for travel and work injuries, and chapter 171 of 
     title 28, United States Code, relating to tort claims, but 
     shall not be considered to be Federal employees for any other 
     purposes.

                   Bureau of Ocean Energy Management

                        ocean energy management

       For expenses necessary for granting leases, easements, 
     rights-of-way and agreements for use for oil and gas, other 
     minerals, energy, and marine-related purposes on the Outer 
     Continental Shelf and approving operations related thereto, 
     as authorized by law; for environmental studies, as 
     authorized by law; for implementing other laws to the extent 
     provided by Presidential or Secretarial delegation; and for 
     matching grants or cooperative agreements, $59,792,000, to 
     remain available until September 30, 2013; and an amount not 
     to exceed $101,082,000, to be credited to this appropriation 
     and to remain available until expended, from additions to 
     receipts resulting from increases to rates in effect on 
     August 5, 1993, that are collected and disbursed by the 
     Secretary, and from cost recovery fees from activities 
     conducted by the Bureau of Ocean Energy Management pursuant 
     to the Outer Continental Shelf Lands Act, including studies, 
     assessments, analysis, and miscellaneous administrative 
     activities:  Provided, That notwithstanding 31 U.S.C. 3302, 
     in fiscal year 2012, such amounts as are assessed under 31 
     U.S.C. 9701 shall be collected and credited to this account 
     and shall be available until expended for necessary expenses: 
      Provided further, That to the extent $101,082,000 in 
     addition to receipts are not realized from the sources of 
     receipts stated above, the amount needed to reach 
     $101,082,000 shall be credited to this appropriation from 
     receipts resulting from rental rates for Outer Continental 
     Shelf leases in effect before August 5, 1993:  Provided 
     further, That for fiscal year 2012 and each fiscal year 
     thereafter, the term ``qualified Outer Continental Shelf 
     revenues'', as defined in section 102(9)(A) of the Gulf of 
     Mexico Energy Security Act, division C of Public Law 109-432, 
     shall include only the portion or rental revenues that would 
     have been collected by the

[[Page 20348]]

     Secretary at the rental rates in effect before August 5, 
     1993:  Provided further, That not to exceed $3,000 shall be 
     available for reasonable expenses related to promoting 
     volunteer beach and marine cleanup activities.

             Bureau of Safety and Environmental Enforcement

             offshore safety and environmental enforcement

       For expenses necessary for the regulation of operations 
     related to leases, easements, rights-of-way and agreements 
     for use for oil and gas, other minerals, energy, and marine-
     related purposes on the Outer Continental Shelf, as 
     authorized by law; for enforcing and implementing laws and 
     regulations as authorized by law and to the extent provided 
     by Presidential or Secretarial delegation; and for matching 
     grants or cooperative agreements, $61,473,000, to remain 
     available until September 30, 2013; and an amount not to 
     exceed $59,081,000 to be credited to this appropriation and 
     to remain available until expended, from additions to 
     receipts resulting from increases to rates in effect on 
     August 5, 1993, that are collected and disbursed by the 
     Secretary, from cost recovery fees from activities conducted 
     by the Bureau of Safety and Environmental Enforcement 
     pursuant to the Outer Continental Shelf Lands Act, including 
     studies, assessments, analysis, and miscellaneous 
     administrative activities:  Provided, That notwithstanding 31 
     U.S.C. 3302, in fiscal year 2012, such amounts as are 
     assessed under 31 U.S.C. 9701 shall be collected and credited 
     to this account and shall be available until expended for 
     necessary expenses:  Provided further, That to the extent 
     $59,081,000 in addition to receipts are not realized from the 
     sources of receipts stated above, the amount needed to reach 
     $59,081,000 shall be credited to this appropriation from 
     receipts resulting from rental rates for Outer Continental 
     Shelf leases in effect before August 5, 1993:  Provided 
     further, That for fiscal year 2012 and each fiscal year 
     thereafter, the term ``qualified Outer Continental Shelf 
     revenues'', as defined in section 102(9)(A) of the Gulf of 
     Mexico Energy Security Act, division C of Public Law 109-432, 
     shall include only the portion of rental revenues that would 
     have been collected by the Secretary at the rental rates in 
     effect before August 5, 1993.
       For an additional amount, $62,000,000, to remain available 
     until expended, which shall be derived from non-refundable 
     inspection fees collected in fiscal year 2012, as provided in 
     this Act:  Provided, That to the extent that such amounts are 
     not realized from such fees, the amount needed to reach 
     $62,000,000 shall be credited to this appropriation from 
     receipts resulting from rental rates for Outer Continental 
     Shelf leases in effect before August 5, 1993:  Provided 
     further, That to the extent that amounts realized from such 
     fees exceed $62,000,000, the amounts realized in excess of 
     $62,000,000 shall be credited to this appropriation and 
     remain available until expended:  Provided further, That for 
     fiscal year 2012, not less than 50 percent of the inspection 
     fees collected by the Bureau of Safety and Environmental 
     Enforcement will be used to fund personnel and mission-
     related costs to expand capacity and expedite the orderly 
     development, subject to environmental safeguards, of the 
     Outer Continental Shelf pursuant to the Outer Continental 
     Shelf Lands Act (43 U.S.C. 1331 et seq.), including the 
     review of applications for permits to drill.

                           oil spill research

       For necessary expenses to carry out title I, section 1016, 
     title IV, sections 4202 and 4303, title VII, and title VIII, 
     section 8201 of the Oil Pollution Act of 1990, $14,923,000, 
     which shall be derived from the Oil Spill Liability Trust 
     Fund, to remain available until expended.

          Office of Surface Mining Reclamation and Enforcement

                       regulation and technology

       For necessary expenses to carry out the provisions of the 
     Surface Mining Control and Reclamation Act of 1977, Public 
     Law 95-87, as amended, $122,950,000, to remain available 
     until September 30, 2013:  Provided, That appropriations for 
     the Office of Surface Mining Reclamation and Enforcement may 
     provide for the travel and per diem expenses of State and 
     tribal personnel attending Office of Surface Mining 
     Reclamation and Enforcement sponsored training:  Provided 
     further, That, in fiscal year 2012, up to $40,000 collected 
     by the Office of Surface Mining from permit fees pursuant to 
     section 507 of Public Law 95-87 (30 U.S.C. 1257) shall be 
     credited to this account as discretionary offsetting 
     collections, to remain available until expended:  Provided 
     further, That the sum herein appropriated shall be reduced as 
     collections are received during the fiscal year so as to 
     result in a final fiscal year 2012 appropriation estimated at 
     not more than $122,910,000:  Provided further, That, in 
     subsequent fiscal years, all amounts collected by the Office 
     of Surface Mining from permit fees pursuant to section 507 of 
     Public Law 95-87 (30 U.S.C. 1257) shall be credited to this 
     account as discretionary offsetting collections, to remain 
     available until expended.

                    abandoned mine reclamation fund

       For necessary expenses to carry out title IV of the Surface 
     Mining Control and Reclamation Act of 1977, Public Law 95-87, 
     as amended, $27,443,000, to be derived from receipts of the 
     Abandoned Mine Reclamation Fund and to remain available until 
     expended:  Provided, That pursuant to Public Law 97-365, the 
     Department of the Interior is authorized to use up to 20 
     percent from the recovery of the delinquent debt owed to the 
     United States Government to pay for contracts to collect 
     these debts:  Provided further, That funds made available 
     under title IV of Public Law 95-87 may be used for any 
     required non-Federal share of the cost of projects funded by 
     the Federal Government for the purpose of environmental 
     restoration related to treatment or abatement of acid mine 
     drainage from abandoned mines:  Provided further, That such 
     projects must be consistent with the purposes and priorities 
     of the Surface Mining Control and Reclamation Act:  Provided 
     further, That amounts provided under this heading may be used 
     for the travel and per diem expenses of State and tribal 
     personnel attending Office of Surface Mining Reclamation and 
     Enforcement sponsored training.

                        administrative provision

       With funds available for the Technical Innovation and 
     Professional Services program in this Act, the Secretary may 
     transfer title for computer hardware, software and other 
     technical equipment to State and tribal regulatory and 
     reclamation programs.

        Bureau of Indian Affairs and Bureau of Indian Education

                      operation of indian programs

                     (including transfer of funds)

       For expenses necessary for the operation of Indian 
     programs, as authorized by law, including the Snyder Act of 
     November 2, 1921 (25 U.S.C. 13), the Indian Self-
     Determination and Education Assistance Act of 1975 (25 U.S.C. 
     450 et seq.), as amended, the Education Amendments of 1978 
     (25 U.S.C. 2001-2019), and the Tribally Controlled Schools 
     Act of 1988 (25 U.S.C. 2501 et seq.), as amended, 
     $2,371,532,000, to remain available until September 30, 2013 
     except as otherwise provided herein; of which not to exceed 
     $8,500 may be for official reception and representation 
     expenses; of which not to exceed $74,911,000 shall be for 
     welfare assistance payments:  Provided, That in cases of 
     designated Federal disasters, the Secretary may exceed such 
     cap, from the amounts provided herein, to provide for 
     disaster relief to Indian communities affected by the 
     disaster; of which, notwithstanding any other provision of 
     law, including but not limited to the Indian Self-
     Determination Act of 1975, as amended, not to exceed 
     $219,560,000 shall be available for payments for contract 
     support costs associated with ongoing contracts, grants, 
     compacts, or annual funding agreements entered into with the 
     Bureau prior to or during fiscal year 2012, as authorized by 
     such Act, except that tribes and tribal organizations may use 
     their tribal priority allocations for unmet contract support 
     costs of ongoing contracts, grants, or compacts, or annual 
     funding agreements and for unmet welfare assistance costs; of 
     which not to exceed $590,484,000 for school operations costs 
     of Bureau-funded schools and other education programs shall 
     become available on July 1, 2012, and shall remain available 
     until September 30, 2013; and of which not to exceed 
     $48,049,000 shall remain available until expended for housing 
     improvement, road maintenance, attorney fees, litigation 
     support, the Indian Self-Determination Fund, land records 
     improvement, and the Navajo-Hopi Settlement Program:  
     Provided further, That notwithstanding any other provision of 
     law, including but not limited to the Indian Self-
     Determination Act of 1975, as amended, and 25 U.S.C. 2008, 
     not to exceed $46,327,000 within and only from such amounts 
     made available for school operations shall be available for 
     administrative cost grants associated with ongoing grants 
     entered into with the Bureau prior to or during fiscal year 
     2011 for the operation of Bureau-funded schools, and up to 
     $500,000 within and only from such amounts made available for 
     administrative cost grants shall be available for the 
     transitional costs of initial administrative cost grants to 
     grantees that assume operation on or after July 1, 2011, of 
     Bureau-funded schools:  Provided further, That any forestry 
     funds allocated to a tribe which remain unobligated as of 
     September 30, 2013, may be transferred during fiscal year 
     2014 to an Indian forest land assistance account established 
     for the benefit of the holder of the funds within the 
     holder's trust fund account:  Provided further, That any such 
     unobligated balances not so transferred shall expire on 
     September 30, 2014:  Provided further, That in order to 
     enhance the safety of Bureau field employees, the Bureau may 
     use funds to purchase uniforms or other identifying articles 
     of clothing for personnel.

                              construction

                     (including transfer of funds)

       For construction, repair, improvement, and maintenance of 
     irrigation and power systems, buildings, utilities, and other 
     facilities, including architectural and engineering services 
     by contract; acquisition of lands, and interests in lands; 
     and preparation of lands for farming, and for construction of 
     the Navajo Indian Irrigation Project pursuant to Public Law 
     87-483, $123,828,000, to remain available until expended:  
     Provided, That such amounts as may be available for the 
     construction of the Navajo Indian Irrigation Project may be 
     transferred to the Bureau of Reclamation:  Provided further, 
     That not to exceed 6 percent of contract authority available 
     to the Bureau of Indian Affairs from the Federal Highway 
     Trust Fund may be used to cover the road program management 
     costs of the Bureau:  Provided further, That any funds 
     provided for the Safety of Dams program pursuant to 25 U.S.C. 
     13 shall be made available on a nonreimbursable basis:  
     Provided further, That for fiscal year 2012, in implementing 
     new construction or facilities improvement and repair project 
     grants in excess of $100,000 that are provided to grant 
     schools under Public Law 100-

[[Page 20349]]

     297, as amended, the Secretary of the Interior shall use the 
     Administrative and Audit Requirements and Cost Principles for 
     Assistance Programs contained in 43 CFR part 12 as the 
     regulatory requirements:  Provided further, That such grants 
     shall not be subject to section 12.61 of 43 CFR; the 
     Secretary and the grantee shall negotiate and determine a 
     schedule of payments for the work to be performed:  Provided 
     further, That in considering grant applications, the 
     Secretary shall consider whether such grantee would be 
     deficient in assuring that the construction projects conform 
     to applicable building standards and codes and Federal, 
     tribal, or State health and safety standards as required by 
     25 U.S.C. 2005(b), with respect to organizational and 
     financial management capabilities:  Provided further, That if 
     the Secretary declines a grant application, the Secretary 
     shall follow the requirements contained in 25 U.S.C. 2504(f): 
      Provided further, That any disputes between the Secretary 
     and any grantee concerning a grant shall be subject to the 
     disputes provision in 25 U.S.C. 2507(e):  Provided further, 
     That in order to ensure timely completion of construction 
     projects, the Secretary may assume control of a project and 
     all funds related to the project, if, within 18 months of the 
     date of enactment of this Act, any grantee receiving funds 
     appropriated in this Act or in any prior Act, has not 
     completed the planning and design phase of the project and 
     commenced construction:  Provided further, That this 
     appropriation may be reimbursed from the Office of the 
     Special Trustee for American Indians appropriation for the 
     appropriate share of construction costs for space expansion 
     needed in agency offices to meet trust reform implementation.

 indian land and water claim settlements and miscellaneous payments to 
                                indians

       For payments and necessary administrative expenses for 
     implementation of Indian land and water claim settlements 
     pursuant to Public Laws 99-264, 100-580, 101-618, 108-447, 
     and 111-11, and for implementation of other land and water 
     rights settlements, $32,855,000, to remain available until 
     expended.

                 indian guaranteed loan program account

       For the cost of guaranteed loans and insured loans, 
     $7,114,000, of which $964,000 is for administrative expenses, 
     as authorized by the Indian Financing Act of 1974, as 
     amended:  Provided, That such costs, including the cost of 
     modifying such loans, shall be as defined in section 502 of 
     the Congressional Budget Act of 1974:  Provided further, That 
     these funds are available to subsidize total loan principal, 
     any part of which is to be guaranteed or insured, not to 
     exceed $73,365,796.

                       administrative provisions

       The Bureau of Indian Affairs may carry out the operation of 
     Indian programs by direct expenditure, contracts, cooperative 
     agreements, compacts, and grants, either directly or in 
     cooperation with States and other organizations.
       Notwithstanding 25 U.S.C. 15, the Bureau of Indian Affairs 
     may contract for services in support of the management, 
     operation, and maintenance of the Power Division of the San 
     Carlos Irrigation Project.
       Appropriations for the Bureau of Indian Affairs (except the 
     Revolving Fund for Loans Liquidating Account, Indian Loan 
     Guaranty and Insurance Fund Liquidating Account, Indian 
     Guaranteed Loan Financing Account, Indian Direct Loan 
     Financing Account, and the Indian Guaranteed Loan Program 
     account) shall be available for expenses of exhibits.
       Notwithstanding any other provision of law, no funds 
     available to the Bureau of Indian Affairs for central office 
     oversight and Executive Direction and Administrative Services 
     (except executive direction and administrative services 
     funding for Tribal Priority Allocations, regional offices, 
     and facilities operations and maintenance) shall be available 
     for contracts, grants, compacts, or cooperative agreements 
     with the Bureau of Indian Affairs under the provisions of the 
     Indian Self-Determination Act or the Tribal Self-Governance 
     Act of 1994 (Public Law 103-413).
       In the event any tribe returns appropriations made 
     available by this Act to the Bureau of Indian Affairs, this 
     action shall not diminish the Federal Government's trust 
     responsibility to that tribe, or the government-to-government 
     relationship between the United States and that tribe, or 
     that tribe's ability to access future appropriations.
       Notwithstanding any other provision of law, no funds 
     available to the Bureau, other than the amounts provided 
     herein for assistance to public schools under 25 U.S.C. 452 
     et seq., shall be available to support the operation of any 
     elementary or secondary school in the State of Alaska.
       Appropriations made available in this or any other Act for 
     schools funded by the Bureau shall be available only to the 
     schools in the Bureau school system as of September 1, 1996. 
     No funds available to the Bureau shall be used to support 
     expanded grades for any school or dormitory beyond the grade 
     structure in place or approved by the Secretary of the 
     Interior at each school in the Bureau school system as of 
     October 1, 1995, except that any school or school program 
     that was closed and removed from the Bureau school system 
     between 1951 and 1972, and its respective tribe's 
     relationship with the Federal Government was terminated, 
     shall be reinstated to the Bureau system and supported at a 
     level based on its grade structure and average student 
     enrollment for the 2009-2010, 2010-2011 and 2011-2012 school 
     years. Funds made available under this Act may not be used to 
     establish a charter school at a Bureau-funded school (as that 
     term is defined in section 1141 of the Education Amendments 
     of 1978 (25 U.S.C. 2021)), except that a charter school that 
     is in existence on the date of the enactment of this Act and 
     that has operated at a Bureau-funded school before September 
     1, 1999, may continue to operate during that period, but only 
     if the charter school pays to the Bureau a pro rata share of 
     funds to reimburse the Bureau for the use of the real and 
     personal property (including buses and vans), the funds of 
     the charter school are kept separate and apart from Bureau 
     funds, and the Bureau does not assume any obligation for 
     charter school programs of the State in which the school is 
     located if the charter school loses such funding. Employees 
     of Bureau-funded schools sharing a campus with a charter 
     school and performing functions related to the charter 
     school's operation and employees of a charter school shall 
     not be treated as Federal employees for purposes of chapter 
     171 of title 28, United States Code.
       Notwithstanding any other provision of law, including 
     section 113 of title I of appendix C of Public Law 106-113, 
     if in fiscal year 2003 or 2004 a grantee received indirect 
     and administrative costs pursuant to a distribution formula 
     based on section 5(f) of Public Law 101-301, the Secretary 
     shall continue to distribute indirect and administrative cost 
     funds to such grantee using the section 5(f) distribution 
     formula.

                          Departmental Offices

                        Office of the Secretary

                        departmental operations

       For necessary expenses for management of the Department of 
     the Interior, including the collection and disbursement of 
     royalties, fees, and other mineral revenue proceeds, as 
     authorized by law, $262,317,000, to remain available until 
     September 30, 2013; of which not to exceed $15,000 may be for 
     official reception and representation expenses; and of which 
     up to $1,000,000 shall be available for workers compensation 
     payments and unemployment compensation payments associated 
     with the orderly closure of the United States Bureau of 
     Mines; and of which $12,712,000 for the Office of Valuation 
     Services is to be derived from the Land and Water 
     Conservation Fund and shall remain available until expended; 
     and of which $38,300,000 shall remain available until 
     expended for the purpose of mineral revenue management 
     activities:  Provided, That, for fiscal year 2012, up to 
     $400,000 of the payments authorized by the Act of October 20, 
     1976, as amended (31 U.S.C. 6901-6907) may be retained for 
     administrative expenses of the Payments in Lieu of Taxes 
     Program:  Provided further, That no payment shall be made 
     pursuant to that Act to otherwise eligible units of local 
     government if the computed amount of the payment is less than 
     $100:  Provided further, That notwithstanding any other 
     provision of law, $15,000 under this heading shall be 
     available for refunds of overpayments in connection with 
     certain Indian leases in which the Secretary concurred with 
     the claimed refund due, to pay amounts owed to Indian 
     allottees or tribes, or to correct prior unrecoverable 
     erroneous payments:  Provided further, That, notwithstanding 
     the provisions of section 35(b) of the Mineral Leasing Act, 
     as amended (30 U.S.C. 191(b)), the Secretary shall deduct 2 
     percent from the amount payable to each State in fiscal year 
     2012 and deposit the amount deducted to miscellaneous 
     receipts of the Treasury.

                            Insular Affairs

                       assistance to territories

       For expenses necessary for assistance to territories under 
     the jurisdiction of the Department of the Interior and other 
     jurisdictions identified in section 104(e) of Public Law 108-
     188, $87,997,000, of which: (1) $78,517,000 shall remain 
     available until expended for territorial assistance, 
     including general technical assistance, maintenance 
     assistance, disaster assistance, insular management controls, 
     coral reef initiative activities, and brown tree snake 
     control and research; grants to the judiciary in American 
     Samoa for compensation and expenses, as authorized by law (48 
     U.S.C. 1661(c)); grants to the Government of American Samoa, 
     in addition to current local revenues, for construction and 
     support of governmental functions; grants to the Government 
     of the Virgin Islands as authorized by law; grants to the 
     Government of Guam, as authorized by law; and grants to the 
     Government of the Northern Mariana Islands as authorized by 
     law (Public Law 94-241; 90 Stat. 272); and (2) $9,480,000 
     shall be available until September 30, 2013 for salaries and 
     expenses of the Office of Insular Affairs:  Provided, That 
     all financial transactions of the territorial and local 
     governments herein provided for, including such transactions 
     of all agencies or instrumentalities established or used by 
     such governments, may be audited by the Government 
     Accountability Office, at its discretion, in accordance with 
     chapter 35 of title 31, United States Code:  Provided 
     further, That Northern Mariana Islands Covenant grant funding 
     shall be provided according to those terms of the Agreement 
     of the Special Representatives on Future United States 
     Financial Assistance for the Northern Mariana Islands 
     approved by Public Law 104-134:  Provided further, That the 
     funds for the program of operations and maintenance 
     improvement are appropriated to institutionalize routine 
     operations and maintenance improvement of capital 
     infrastructure with territorial participation and cost 
     sharing to be determined by the Secretary based on the 
     grantee's commitment to timely

[[Page 20350]]

     maintenance of its capital assets:  Provided further, That 
     any appropriation for disaster assistance under this heading 
     in this Act or previous appropriations Acts may be used as 
     non-Federal matching funds for the purpose of hazard 
     mitigation grants provided pursuant to section 404 of the 
     Robert T. Stafford Disaster Relief and Emergency Assistance 
     Act (42 U.S.C. 5170c).

                      compact of free association

       For grants and necessary expenses, $3,318,000, to remain 
     available until expended, as provided for in sections 
     221(a)(2) and 233 of the Compact of Free Association for the 
     Republic of Palau; and section 221(a)(2) of the Compacts of 
     Free Association for the Government of the Republic of the 
     Marshall Islands and the Federated States of Micronesia, as 
     authorized by Public Law 99-658 and Public Law 108-188.

                       Administrative Provisions

                     (including transfer of funds)

       At the request of the Governor of Guam, the Secretary may 
     transfer discretionary funds or mandatory funds provided 
     under section 104(e) of Public Law 108-188 and Public Law 
     104-134, that are allocated for Guam, to the Secretary of 
     Agriculture for the subsidy cost of direct or guaranteed 
     loans, plus not to exceed three percent of the amount of the 
     subsidy transferred for the cost of loan administration, for 
     the purposes authorized by the Rural Electrification Act of 
     1936 and section 306(a)(1) of the Consolidated Farm and Rural 
     Development Act for construction and repair projects in Guam, 
     and such funds shall remain available until expended:  
     Provided, That such costs, including the cost of modifying 
     such loans, shall be as defined in section 502 of the 
     Congressional Budget Act of 1974:  Provided further, That 
     such loans or loan guarantees may be made without regard to 
     the population of the area, credit elsewhere requirements, 
     and restrictions on the types of eligible entities under the 
     Rural Electrification Act of 1936 and section 306(a)(1) of 
     the Consolidated Farm and Rural Development Act:  Provided 
     further, That any funds transferred to the Secretary of 
     Agriculture shall be in addition to funds otherwise made 
     available to make or guarantee loans under such authorities.

                        Office of the Solicitor

                         salaries and expenses

       For necessary expenses of the Office of the Solicitor, 
     $66,296,000.

                      Office of Inspector General

                         salaries and expenses

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

           Office of the Special Trustee for American Indians

                         federal trust programs

                     (including transfer of funds)

       For the operation of trust programs for Indians by direct 
     expenditure, contracts, cooperative agreements, compacts, and 
     grants, $152,319,000, to remain available until expended, of 
     which not to exceed $31,171,000 from this or any other Act, 
     shall be available for historical accounting:  Provided, That 
     funds for trust management improvements and litigation 
     support may, as needed, be transferred to or merged with the 
     Bureau of Indian Affairs, ``Operation of Indian Programs'' 
     account; the Office of the Solicitor, ``Salaries and 
     Expenses'' account; and the Office of the Secretary, 
     ``Salaries and Expenses'' account:  Provided further, That 
     funds made available through contracts or grants obligated 
     during fiscal year 2012, as authorized by the Indian Self-
     Determination Act of 1975 (25 U.S.C. 450 et seq.), shall 
     remain available until expended by the contractor or grantee: 
      Provided further, That, notwithstanding any other provision 
     of law, the statute of limitations shall not commence to run 
     on any claim, including any claim in litigation pending on 
     the date of the enactment of this Act, concerning losses to 
     or mismanagement of trust funds, until the affected tribe or 
     individual Indian has been furnished with an accounting of 
     such funds from which the beneficiary can determine whether 
     there has been a loss:  Provided further, That, 
     notwithstanding any other provision of law, the Secretary 
     shall not be required to provide a quarterly statement of 
     performance for any Indian trust account that has not had 
     activity for at least 18 months and has a balance of $15 or 
     less:  Provided further, That the Secretary shall issue an 
     annual account statement and maintain a record of any such 
     accounts and shall permit the balance in each such account to 
     be withdrawn upon the express written request of the account 
     holder:  Provided further, That not to exceed $50,000 is 
     available for the Secretary to make payments to correct 
     administrative errors of either disbursements from or 
     deposits to Individual Indian Money or Tribal accounts after 
     September 30, 2002:  Provided further, That erroneous 
     payments that are recovered shall be credited to and remain 
     available in this account for this purpose.

                        Department-wide Programs

                        wildland fire management

             (including transfers and rescission of funds)

       For necessary expenses for fire preparedness, suppression 
     operations, fire science and research, emergency 
     rehabilitation, hazardous fuels reduction, and rural fire 
     assistance by the Department of the Interior, $566,495,000, 
     to remain available until expended, of which not to exceed 
     $6,137,000 shall be for the renovation or construction of 
     fire facilities:  Provided, That such funds are also 
     available for repayment of advances to other appropriation 
     accounts from which funds were previously transferred for 
     such purposes:  Provided further, That persons hired pursuant 
     to 43 U.S.C. 1469 may be furnished subsistence and lodging 
     without cost from funds available from this appropriation:  
     Provided further, That notwithstanding 42 U.S.C. 1856d, sums 
     received by a bureau or office of the Department of the 
     Interior for fire protection rendered pursuant to 42 U.S.C. 
     1856 et seq., protection of United States property, may be 
     credited to the appropriation from which funds were expended 
     to provide that protection, and are available without fiscal 
     year limitation:  Provided further, That using the amounts 
     designated under this title of this Act, the Secretary of the 
     Interior may enter into procurement contracts, grants, or 
     cooperative agreements, for hazardous fuels reduction 
     activities, and for training and monitoring associated with 
     such hazardous fuels reduction activities, on Federal land, 
     or on adjacent non-Federal land for activities that benefit 
     resources on Federal land:  Provided further, That the costs 
     of implementing any cooperative agreement between the Federal 
     Government and any non-Federal entity may be shared, as 
     mutually agreed on by the affected parties:  Provided 
     further, That notwithstanding requirements of the Competition 
     in Contracting Act, the Secretary, for purposes of hazardous 
     fuels reduction activities, may obtain maximum practicable 
     competition among: (1) local private, nonprofit, or 
     cooperative entities; (2) Youth Conservation Corps crews, 
     Public Lands Corps (Public Law 109-154), or related 
     partnerships with State, local, or nonprofit youth groups; 
     (3) small or micro-businesses; or (4) other entities that 
     will hire or train locally a significant percentage, defined 
     as 50 percent or more, of the project workforce to complete 
     such contracts:  Provided further, That in implementing this 
     section, the Secretary shall develop written guidance to 
     field units to ensure accountability and consistent 
     application of the authorities provided herein:  Provided 
     further, That funds appropriated under this heading may be 
     used to reimburse the United States Fish and Wildlife Service 
     and the National Marine Fisheries Service for the costs of 
     carrying out their responsibilities under the Endangered 
     Species Act of 1973 (16 U.S.C. 1531 et seq.) to consult and 
     conference, as required by section 7 of such Act, in 
     connection with wildland fire management activities:  
     Provided further, That the Secretary of the Interior may use 
     wildland fire appropriations to enter into noncompetitive 
     sole-source leases of real property with local governments, 
     at or below fair market value, to construct capitalized 
     improvements for fire facilities on such leased properties, 
     including but not limited to fire guard stations, retardant 
     stations, and other initial attack and fire support 
     facilities, and to make advance payments for any such lease 
     or for construction activity associated with the lease:  
     Provided further, That the Secretary of the Interior and the 
     Secretary of Agriculture may authorize the transfer of funds 
     appropriated for wildland fire management, in an aggregate 
     amount not to exceed $50,000,000, between the Departments 
     when such transfers would facilitate and expedite wildland 
     fire management programs and projects:  Provided further, 
     That funds provided for wildfire suppression shall be 
     available for support of Federal emergency response actions:  
     Provided further, That funds appropriated under this heading 
     shall be available for assistance to or through the 
     Department of State in connection with forest and rangeland 
     research, technical information, and assistance in foreign 
     countries, and, with the concurrence of the Secretary of 
     State, shall be available to support forestry, wildland fire 
     management, and related natural resource activities outside 
     the United States and its territories and possessions, 
     including technical assistance, education and training, and 
     cooperation with United States and international 
     organizations:  Provided further, That before obligating any 
     of the funds provided herein for wildland fire suppression, 
     the Secretary of the Interior shall obligate all unobligated 
     balances previously made available under this heading that, 
     when appropriated, were designated by Congress as an 
     emergency requirement pursuant to the Concurrent Resolution 
     on the Budget or the Balanced Budget and Emergency Deficit 
     Control Act of 1985 and notify the Committees on 
     Appropriations of the House of Representatives and the Senate 
     in writing of the imminent need to begin obligating funds 
     provided herein for wildland fire suppression:  Provided 
     further, That of the funds made available under this heading 
     for wildland fire suppression in fiscal year 2011, 
     $82,000,000 are rescinded.

                flame wildfire suppression reserve fund

                     (including transfer of funds)

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

                    central hazardous materials fund

       For necessary expenses of the Department of the Interior 
     and any of its component offices and bureaus for the response 
     action, including associated activities, performed pursuant 
     to the Comprehensive Environmental Response, Compensation, 
     and Liability Act, as amended (42

[[Page 20351]]

     U.S.C. 9601 et seq.), $10,149,000, to remain available until 
     expended.

           natural resource damage assessment and restoration

                natural resource damage assessment fund

       To conduct natural resource damage assessment and 
     restoration activities by the Department of the Interior 
     necessary to carry out the provisions of the Comprehensive 
     Environmental Response, Compensation, and Liability Act, as 
     amended (42 U.S.C. 9601 et seq.), the Federal Water Pollution 
     Control Act, as amended (33 U.S.C. 1251 et seq.), the Oil 
     Pollution Act of 1990 (33 U.S.C. 2701 et seq.), and Public 
     Law 101-337, as amended (16 U.S.C. 19jj et seq.), $6,263,000, 
     to remain available until expended.

                          working capital fund

       For the acquisition of a departmental financial and 
     business management system, information technology 
     improvements of general benefit to the Department, 
     strengthening the Department's acquisition workforce capacity 
     and capabilities, and consolidation of facilities and 
     operations throughout the Department, $62,019,000, to remain 
     available until expended:  Provided, That such funds shall be 
     available for training, recruitment, retention, and hiring 
     members of the acquisition workforce as defined by the Office 
     of Federal Procurement Policy Act as amended (41 U.S.C. 401 
     et seq.):  Provided further, That none of the funds 
     appropriated in this Act or any other Act may be used to 
     establish reserves in the Working Capital Fund account other 
     than for accrued annual leave and depreciation of equipment 
     without prior approval of the House of Representatives and 
     Senate Committees on Appropriations:  Provided further, That 
     the Secretary may assess reasonable charges to State, local 
     and tribal government employees for training services 
     provided by the National Indian Program Training Center, 
     other than training related to Public Law 93-638:  Provided 
     further, That the Secretary may lease or otherwise provide 
     space and related facilities, equipment or professional 
     services of the National Indian Program Training Center to 
     State, local and tribal government employees or persons or 
     organizations engaged in cultural, educational, or 
     recreational activities (as defined in section 3306(a) of 
     title 40, United States Code) at the prevailing rate for 
     similar space, facilities, equipment, or services in the 
     vicinity of the National Indian Program Training Center:  
     Provided further, That all funds received pursuant to the two 
     preceding provisos shall be credited to this account, shall 
     be available until expended, and shall be used by the 
     Secretary for necessary expenses of the National Indian 
     Program Training Center.

                        administrative provision

       There is hereby authorized for acquisition from available 
     resources within the Working Capital Fund, 15 aircraft, 10 of 
     which shall be for replacement and which may be obtained by 
     donation, purchase or through available excess surplus 
     property:  Provided, That existing aircraft being replaced 
     may be sold, with proceeds derived or trade-in value used to 
     offset the purchase price for the replacement aircraft.

             General Provisions, Department of the Interior

                     (including transfers of funds)

               emergency transfer authority--intra-bureau

       Sec. 101.  Appropriations made in this title shall be 
     available for expenditure or transfer (within each bureau or 
     office), with the approval of the Secretary, for the 
     emergency reconstruction, replacement, or repair of aircraft, 
     buildings, utilities, or other facilities or equipment 
     damaged or destroyed by fire, flood, storm, or other 
     unavoidable causes:  Provided, That no funds shall be made 
     available under this authority until funds specifically made 
     available to the Department of the Interior for emergencies 
     shall have been exhausted:  Provided further, That all funds 
     used pursuant to this section must be replenished by a 
     supplemental appropriation which must be requested as 
     promptly as possible.

             emergency transfer authority--department-wide

       Sec. 102.  The Secretary may authorize the expenditure or 
     transfer of any no year appropriation in this title, in 
     addition to the amounts included in the budget programs of 
     the several agencies, for the suppression or emergency 
     prevention of wildland fires on or threatening lands under 
     the jurisdiction of the Department of the Interior; for the 
     emergency rehabilitation of burned-over lands under its 
     jurisdiction; for emergency actions related to potential or 
     actual earthquakes, floods, volcanoes, storms, or other 
     unavoidable causes; for contingency planning subsequent to 
     actual oil spills; for response and natural resource damage 
     assessment activities related to actual oil spills or 
     releases of hazardous substances into the environment; for 
     the prevention, suppression, and control of actual or 
     potential grasshopper and Mormon cricket outbreaks on lands 
     under the jurisdiction of the Secretary, pursuant to the 
     authority in section 417(b) of Public Law 106-224 (7 U.S.C. 
     7717(b)); for emergency reclamation projects under section 
     410 of Public Law 95-87; and shall transfer, from any no year 
     funds available to the Office of Surface Mining Reclamation 
     and Enforcement, such funds as may be necessary to permit 
     assumption of regulatory authority in the event a primacy 
     State is not carrying out the regulatory provisions of the 
     Surface Mining Act:  Provided, That appropriations made in 
     this title for wildland fire operations shall be available 
     for the payment of obligations incurred during the preceding 
     fiscal year, and for reimbursement to other Federal agencies 
     for destruction of vehicles, aircraft, or other equipment in 
     connection with their use for wildland fire operations, such 
     reimbursement to be credited to appropriations currently 
     available at the time of receipt thereof:  Provided further, 
     That for wildland fire operations, no funds shall be made 
     available under this authority until the Secretary determines 
     that funds appropriated for ``wildland fire operations'' and 
     ``FLAME Wildfire Suppression Reserve Fund'' shall be 
     exhausted within 30 days:  Provided further, That all funds 
     used pursuant to this section must be replenished by a 
     supplemental appropriation which must be requested as 
     promptly as possible:  Provided further, That such 
     replenishment funds shall be used to reimburse, on a pro rata 
     basis, accounts from which emergency funds were transferred.

                        authorized use of funds

       Sec. 103.  Appropriations made to the Department of the 
     Interior in this title shall be available for services as 
     authorized by section 3109 of title 5, United States Code, 
     when authorized by the Secretary, in total amount not to 
     exceed $500,000; purchase and replacement of motor vehicles, 
     including specially equipped law enforcement vehicles; hire, 
     maintenance, and operation of aircraft; hire of passenger 
     motor vehicles; purchase of reprints; payment for telephone 
     service in private residences in the field, when authorized 
     under regulations approved by the Secretary; and the payment 
     of dues, when authorized by the Secretary, for library 
     membership in societies or associations which issue 
     publications to members only or at a price to members lower 
     than to subscribers who are not members.

            authorized use of funds, indian trust management

       Sec. 104.  Appropriations made in this Act under the 
     headings Bureau of Indian Affairs and Office of the Special 
     Trustee for American Indians and any unobligated balances 
     from prior appropriations Acts made under the same headings 
     shall be available for expenditure or transfer for Indian 
     trust management and reform activities. Total funding for 
     historical accounting activities shall not exceed amounts 
     specifically designated in this Act for such purpose.

           redistribution of funds, bureau of indian affairs

       Sec. 105.  Notwithstanding any other provision of law, the 
     Secretary of the Interior is authorized to redistribute any 
     Tribal Priority Allocation funds, including tribal base 
     funds, to alleviate tribal funding inequities by transferring 
     funds to address identified, unmet needs, dual enrollment, 
     overlapping service areas or inaccurate distribution 
     methodologies. No tribe shall receive a reduction in Tribal 
     Priority Allocation funds of more than 10 percent in fiscal 
     year 2012. Under circumstances of dual enrollment, 
     overlapping service areas or inaccurate distribution 
     methodologies, the 10 percent limitation does not apply.

                            payment of fees

       Sec. 106.  The Secretary of the Interior may use 
     discretionary funds to pay private attorney fees and costs 
     for employees and former employees of the Department of the 
     Interior reasonably incurred in connection with Cobell v. 
     Salazar to the extent that such fees and costs are not paid 
     by the Department of Justice or by private insurance. In no 
     case shall the Secretary make payments under this section 
     that would result in payment of hourly fees in excess of the 
     highest hourly rate approved by the District Court for the 
     District of Columbia for counsel in Cobell v. Salazar.

                    everglades ecosystem restoration

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

                 ellis, governors, and liberty islands

       Sec. 108.  Notwithstanding any other provision of law, the 
     Secretary of the Interior is authorized to acquire lands, 
     waters, or interests therein including the use of all or part 
     of any pier, dock, or landing within the State of New York 
     and the State of New Jersey, for the purpose of operating and 
     maintaining facilities in the support of transportation and 
     accommodation of visitors to Ellis, Governors, and Liberty 
     Islands, and of other program and administrative activities, 
     by donation or with appropriated funds, including franchise 
     fees (and other monetary consideration), or by exchange; and 
     the Secretary is authorized to negotiate and enter into 
     leases, subleases, concession contracts or other agreements 
     for the use of such facilities on such terms and conditions 
     as the Secretary may determine reasonable.

                outer continental shelf inspection fees

       Sec. 109. (a) In fiscal year 2012, the Secretary shall 
     collect a nonrefundable inspection fee, which shall be 
     deposited in the ``Ocean Energy Management'' account, from 
     the designated operator for facilities subject to inspection 
     under 43 U.S.C. 1348(c).
       (b) Annual fees shall be collected for facilities that are 
     above the waterline, excluding drilling rigs, and are in 
     place at the start of the fiscal year. Fees for fiscal year 
     2012 shall be:
       (1) $10,500 for facilities with no wells, but with 
     processing equipment or gathering lines;
       (2) $17,000 for facilities with 1 to 10 wells, with any 
     combination of active or inactive wells; and

[[Page 20352]]

       (3) $31,500 for facilities with more than 10 wells, with 
     any combination of active or inactive wells.
       (c) Fees for drilling rigs shall be assessed for all 
     inspections completed in fiscal year 2012. Fees for fiscal 
     year 2012 shall be:
       (1) $30,500 per inspection for rigs operating in water 
     depths of 500 feet or more; and
       (2) $16,700 per inspection for rigs operating in water 
     depths of less than 500 feet.
       (d) The Secretary shall bill designated operators under 
     subsection (b) within 60 days, with payment required within 
     30 days of billing. The Secretary shall bill designated 
     operators under subsection (c) within 30 days of the end of 
     the month in which the inspection occurred, with payment 
     required within 30 days of billing.

                  oil and gas leasing internet program

       Sec. 110.  Notwithstanding section 17(b)(1)(A) of the 
     Mineral Leasing Act (30 U.S.C. 226(b)(1)(A)), the Secretary 
     of the Interior shall have the authority to establish an oil 
     and gas leasing Internet program, under which the Secretary 
     may conduct lease sales through methods other than oral 
     bidding.

                         indian probate judges

       Sec. 111.  Section 108 of Public Law 109-54 (the Department 
     of the Interior, Environment, and Related Agencies 
     Appropriations Act, 2006) is amended by striking ``in fiscal 
     years 2006 through 2010, for the purpose of reducing the 
     backlog of'' and inserting ``for fiscal year 2006 and each 
     fiscal year thereafter, for the purpose of adjudicating''.

     bureau of ocean energy management, regulation and enforcement 
                             reorganization

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

                authorized use of indian education funds

       Sec. 113.  Beginning July 1, 2008, any funds (including 
     investments and interest earned, except for construction 
     funds) held by a Public Law 100-297 grant or a Public Law 93-
     638 contract school shall, upon retrocession to or re-
     assumption by the Bureau of Indian Education, remain 
     available to the Bureau of Indian Education for a period of 5 
     years from the date of retrocession or re-assumption for the 
     benefit of the programs approved for the school on October 1, 
     1995.

  contracts and agreements for wild horse and burro holding facilities

       Sec. 114. (a) Notwithstanding any other provision of this 
     Act, the Secretary of the Interior may enter into multiyear 
     cooperative agreements with nonprofit organizations and other 
     appropriate entities, and may enter into multiyear contracts 
     in accordance with the provisions of section 304B of the 
     Federal Property and Administrative Services Act of 1949 (41 
     U.S.C. 254c) (except that the 5-year term restriction in 
     subsection (d) shall not apply), for the long-term care and 
     maintenance of excess wild free roaming horses and burros by 
     such organizations or entities on private land. Such 
     cooperative agreements and contracts may not exceed 10 years, 
     subject to renewal at the discretion of the Secretary.
       (b) During fiscal year 2012 and subsequent fiscal years, in 
     carrying out work involving cooperation with any State or 
     political subdivision thereof, the Bureau of Land Management 
     may record obligations against accounts receivable from any 
     such entities.

              bureau of indian education operated schools

       Sec. 115. (a)(1) Notwithstanding any other provision of law 
     or Federal regulation, including section 586(c) of title 40, 
     United States Code, the Director of the BIE, or the 
     Director's designee, is authorized to enter into agreements 
     with public and private persons and entities that provide for 
     such persons and entities to rent or lease the land or 
     facilities of a Bureau-operated school for such periods of 
     time as the school is Bureau operated, in exchange for a 
     consideration (in the form of funds) that benefits the 
     school, as determined by the head of the school.
       (2) Funds received under paragraph (1) shall be retained by 
     the school and used for school purposes otherwise authorized 
     by law. Any funds received under paragraph (1) are hereby 
     made available until expended for such purposes, 
     notwithstanding section 3302 of title 31, United States Code.
       (3) Nothing in this section shall be construed to allow for 
     the diminishment of, or otherwise affect, the appropriation 
     of funds to the budget accounts for the operation and 
     maintenance of Bureau-operated schools. No funds shall be 
     withheld from the distribution to the budget of any Bureau-
     operated school due to the receipt by the school of a benefit 
     in accordance with this section.
       (b) Notwithstanding any provision of title 5, United States 
     Code, or any regulation promulgated under such title, 
     education personnel who are under the direction and 
     supervision of the Secretary of the Interior may participate 
     in a fundraising activity for the benefit of a Bureau-
     operated school in an official capacity as part of their 
     official duties. When participating in such an official 
     capacity, the employee may use the employee's official title, 
     position, and authority. Nothing in this subsection shall be 
     construed to authorize participation in political activity 
     (as such term is used in section 7324 of title 5, United 
     States Code) otherwise prohibited by law.
       (c) The Secretary of the Interior shall promulgate 
     regulations to carry out this section not later than 16 
     months after the date of the enactment of this Act. Such 
     regulations shall include--
       (1) standards for the appropriate use of Bureau-operated 
     school lands and facilities by third parties under a rental 
     or lease agreement;
       (2) provisions for the establishment and administration of 
     mechanisms for the acceptance of consideration for the use 
     and benefit of a school in accordance with this section 
     (including, in appropriate cases, the establishment and 
     administration of trust funds);
       (3) accountability standards to ensure ethical conduct; and
       (4) provisions for monitoring the amount and terms of 
     consideration received, the manner in which the consideration 
     is used, and any results achieved by such use.
       (d) Provisions of this section shall apply to fiscal years 
     2012 through 2014.

                        authorized use of funds

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

                       mass marking of salmonids

       Sec. 117.  The United States Fish and Wildlife Service 
     shall, in carrying out its responsibilities to protect 
     threatened and endangered species of salmon, implement a 
     system of mass marking of salmonid stocks, intended for 
     harvest, that are released from federally operated or 
     federally financed hatcheries including but not limited to 
     fish releases of coho, chinook, and steelhead species. Marked 
     fish must have a visible mark that can be readily identified 
     by commercial and recreational fishers.

                      prohibition on use of funds

       Sec. 118. (a) Any proposed new use of the Arizona & 
     California Railroad Company's Right of Way for conveyance of 
     water shall not proceed unless the Secretary of the Interior 
     certifies that the proposed new use is within the scope of 
     the Right of Way.
       (b) No funds appropriated or otherwise made available to 
     the Department of the Interior may be used, in relation to 
     any proposal to store water underground for the purpose of 
     export, for approval of any right-of-way or similar 
     authorization on the Mojave National Preserve or lands 
     managed by the Needles Field Office of the Bureau of Land 
     Management, or for carrying out any activities associated 
     with such right-of-way or similar approval.

                    yukon-charley national preserve

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

                           republic of palau

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

                           hiring authorities

       Sec. 121. (a) Direct Hire Authority.--
       (1) During fiscal year 2012 and thereafter, the Secretary 
     of the Interior may appoint, without regard to the provisions 
     of subchapter I of chapter 33 of title 5, United States Code, 
     other than sections 3303 and 3328 of such title, a qualified 
     candidate described in paragraph (1) directly to a position 
     with a land managing agency of the Department of the Interior 
     for which the candidate meets Office of Personnel Management 
     qualification standards.
       (2) Paragraph (1) applies with respect to a former resource 
     assistant (as defined in section 203 of the Public Land Corps 
     Act (16 U.S.C. 1722)) who--
       (A) completed a rigorous undergraduate or graduate summer 
     internship with a land managing agency, such as the National 
     Park Service Business Plan Internship;

[[Page 20353]]

       (B) successfully fulfilled the requirements of the 
     internship program; and
       (C) subsequently earned an undergraduate or graduate degree 
     from an accredited institution of higher education.
       (3) The direct hire authority under this subsection may not 
     be exercised with respect to a specific qualified candidate 
     after the end of the two-year period beginning on the date on 
     which the candidate completed the undergraduate or graduate 
     degree, as the case may be.
       (b) Local Hire Authority.--Section 1308 of the Alaska 
     National Interest Lands Conservation Act of 1980 (16 U.S.C. 
     3198) is amended--
       (1) in subsection (a), by striking ``establish a program'' 
     and inserting ``establish an excepted service appointment 
     authority,'';
       (2) in subsection (b), by striking ``competitive service as 
     defined in section 2102 of such title for which such person 
     is eligible under subchapter I of chapter 33 of such title, 
     in selection to such position'' and inserting ``excepted 
     service as defined in section 2103 of such title'';
       (3) in subsection (e), by redesignating paragraph (2) as 
     paragraph (3) and inserting after paragraph (1) the following 
     new paragraph (2):
       ``(2) Conversion to competitive service.--Employees who 
     satisfactorily complete two years of continuous service in a 
     permanent appointment made under subsection (a) and who meet 
     satisfactory performance and competitive service 
     qualification requirements shall have their appointment 
     converted to competitive service career-conditional or career 
     employment as appropriate. This paragraph applies to 
     individuals appointed on or after March 30, 2009. An employee 
     who does not meet competitive service qualification 
     requirements after two years of continuous service in an 
     appointment made under subsection (a) shall be converted upon 
     meeting such qualification requirements. Temporary and time-
     limited appointments will be made in the excepted service. 
     There is no provision for conversion to competitive service 
     when appointments are time-limited.''.
       (c) Gulf of Mexico Region.--For fiscal years 2012 and 2013, 
     funds made available in this title for the Bureau of Ocean 
     Energy Management and the Bureau of Safety and Environmental 
     Enforcement may be used by the Secretary of the Interior to 
     establish higher minimum rates of basic pay for employees of 
     the Department of the Interior in the Gulf of Mexico Region 
     in the Geophysicist (GS-1313), Geologist (GS-1350), and 
     Petroleum Engineer (GS-0881) job series at grades 5 through 
     15 at rates no greater than 25 percent above the minimum 
     rates of basic pay normally scheduled, and such higher rates 
     shall be consistent with the subsections (e) through (h) of 
     section 5305 of title 5, United States Code.

  bureau of land management actions regarding grazing on public lands

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

                  trailing livestock over public land

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

                           lease authorization

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

                     wild lands funding prohibition

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

                                TITLE II

                    ENVIRONMENTAL PROTECTION AGENCY

                         Science and Technology

       For science and technology, including research and 
     development activities, which shall include research and 
     development activities under the Comprehensive Environmental 
     Response, Compensation, and Liability Act of 1980, as 
     amended; necessary expenses for personnel and related costs 
     and travel expenses; procurement of laboratory equipment and 
     supplies; and other operating expenses in support of research 
     and development, $795,000,000, to remain available until 
     September 30, 2013.

                 Environmental Programs and Management

       For environmental programs and management, including 
     necessary expenses, not otherwise provided for, for personnel 
     and related costs and travel expenses; hire of passenger 
     motor vehicles; hire, maintenance, and operation of aircraft; 
     purchase of reprints; library memberships in societies or 
     associations which issue publications to members only or at a 
     price to members lower than to subscribers who are not 
     members; administrative costs of the brownfields program 
     under the Small Business Liability Relief and Brownfields 
     Revitalization Act of 2002; and not to exceed $19,000 for 
     official reception and representation expenses, 
     $2,682,514,000, to remain available until September 30, 2013: 
      Provided, That of the funds included under this heading, not 
     less than $410,375,000 shall be for Geographic Programs 
     specified in the explanatory statement accompanying this Act.

                      Office of Inspector General

       For necessary expenses of the Office of Inspector General 
     in carrying out the provisions of the Inspector General Act 
     of 1978, as amended, $42,000,000, to remain available until 
     September 30, 2013.

                        Buildings and Facilities

       For construction, repair, improvement, extension, 
     alteration, and purchase of fixed equipment or facilities of, 
     or for use by, the Environmental Protection Agency, 
     $36,428,000, to remain available until expended.

                     Hazardous Substance Superfund

                     (including transfers of funds)

       For necessary expenses to carry out the Comprehensive 
     Environmental Response, Compensation, and Liability Act of 
     1980 (CERCLA), as amended, including sections 111(c)(3), 
     (c)(5), (c)(6), and (e)(4) (42 U.S.C. 9611) $1,215,753,000, 
     to remain available until expended, consisting of such sums 
     as are available in the Trust Fund on September 30, 2011, as 
     authorized by section 517(a) of the Superfund Amendments and 
     Reauthorization Act of 1986 (SARA) and up to $1,215,753,000 
     as a payment from general revenues to the Hazardous Substance 
     Superfund for purposes as authorized by section 517(b) of 
     SARA, as amended:  Provided, That funds appropriated under 
     this heading may be allocated

[[Page 20354]]

     to other Federal agencies in accordance with section 111(a) 
     of CERCLA:  Provided further, That of the funds appropriated 
     under this heading, $9,955,000 shall be paid to the ``Office 
     of Inspector General'' appropriation to remain available 
     until September 30, 2013, and $23,016,000 shall be paid to 
     the ``Science and Technology'' appropriation to remain 
     available until September 30, 2013.

          Leaking Underground Storage Tank Trust Fund Program

       For necessary expenses to carry out leaking underground 
     storage tank cleanup activities authorized by subtitle I of 
     the Solid Waste Disposal Act, as amended, $104,309,000, to 
     remain available until expended, of which $73,809,000 shall 
     be for carrying out leaking underground storage tank cleanup 
     activities authorized by section 9003(h) of the Solid Waste 
     Disposal Act, as amended; $30,500,000 shall be for carrying 
     out the other provisions of the Solid Waste Disposal Act 
     specified in section 9508(c) of the Internal Revenue Code, as 
     amended:  Provided, That the Administrator is authorized to 
     use appropriations made available under this heading to 
     implement section 9013 of the Solid Waste Disposal Act to 
     provide financial assistance to federally recognized Indian 
     tribes for the development and implementation of programs to 
     manage underground storage tanks.

                       Inland Oil Spill Programs

       For expenses necessary to carry out the Environmental 
     Protection Agency's responsibilities under the Oil Pollution 
     Act of 1990, $18,274,000, to be derived from the Oil Spill 
     Liability trust fund, to remain available until expended.

                   State and Tribal Assistance Grants

       For environmental programs and infrastructure assistance, 
     including capitalization grants for State revolving funds and 
     performance partnership grants, $3,618,727,000, to remain 
     available until expended, of which $1,468,806,000 shall be 
     for making capitalization grants for the Clean Water State 
     Revolving Funds under title VI of the Federal Water Pollution 
     Control Act, as amended (the ``Act''); of which $919,363,000 
     shall be for making capitalization grants for the Drinking 
     Water State Revolving Funds under section 1452 of the Safe 
     Drinking Water Act, as amended:  Provided, That for fiscal 
     year 2012, to the extent there are sufficient eligible 
     project applications, not less than 10 percent of the funds 
     made available under this title to each State for Clean Water 
     State Revolving Fund capitalization grants shall be used by 
     the State for projects to address green infrastructure, water 
     or energy efficiency improvements, or other environmentally 
     innovative activities:  Provided further, That for fiscal 
     year 2012, funds made available under this title to each 
     State for Drinking Water State Revolving Fund capitalization 
     grants may, at the discretion of each State, be used for 
     projects to address green infrastructure, water or energy 
     efficiency improvements, or other environmentally innovative 
     activities; $5,000,000 shall be for architectural, 
     engineering, planning, design, construction and related 
     activities in connection with the construction of high 
     priority water and wastewater facilities in the area of the 
     United States-Mexico Border, after consultation with the 
     appropriate border commission; $10,000,000 shall be for 
     grants to the State of Alaska to address drinking water and 
     wastewater infrastructure needs of rural and Alaska Native 
     Villages:  Provided further, That, of these funds: (1) the 
     State of Alaska shall provide a match of 25 percent; (2) no 
     more than 5 percent of the funds may be used for 
     administrative and overhead expenses; and (3) the State of 
     Alaska shall make awards consistent with the State-wide 
     priority list established in conjunction with the Agency and 
     the U.S. Department of Agriculture for all water, sewer, 
     waste disposal, and similar projects carried out by the State 
     of Alaska that are funded under section 221 of the Federal 
     Water Pollution Control Act (33 U.S.C. 1301) or the 
     Consolidated Farm and Rural Development Act (7 U.S.C. 1921 et 
     seq.) which shall allocate not less than 25 percent of the 
     funds provided for projects in regional hub communities; 
     $95,000,000 shall be to carry out section 104(k) of the 
     Comprehensive Environmental Response, Compensation, and 
     Liability Act of 1980 (CERCLA), as amended, including grants, 
     interagency agreements, and associated program support costs; 
     $30,000,000 shall be for grants under title VII, subtitle G 
     of the Energy Policy Act of 2005, as amended; and 
     $1,090,558,000 shall be for grants, including associated 
     program support costs, to States, federally recognized 
     tribes, interstate agencies, tribal consortia, and air 
     pollution control agencies for multi-media or single media 
     pollution prevention, control and abatement and related 
     activities, including activities pursuant to the provisions 
     set forth under this heading in Public Law 104-134, and for 
     making grants under section 103 of the Clean Air Act for 
     particulate matter monitoring and data collection activities 
     subject to terms and conditions specified by the 
     Administrator, of which $49,396,000 shall be for carrying out 
     section 128 of CERCLA, as amended, $9,980,000 shall be for 
     Environmental Information Exchange Network grants, including 
     associated program support costs, $18,463,000 of the funds 
     available for grants under section 106 of the Act shall be 
     for State participation in national- and State-level 
     statistical surveys of water resources and enhancements to 
     State monitoring programs, and, in addition to funds 
     appropriated under the heading ``Leaking Underground Storage 
     Tank Trust Fund Program'' to carry out the provisions of the 
     Solid Waste Disposal Act specified in section 9508(c) of the 
     Internal Revenue Code other than section 9003(h) of the Solid 
     Waste Disposal Act, as amended, $1,550,000 shall be for 
     grants to States under section 2007(f)(2) of the Solid Waste 
     Disposal Act, as amended:  Provided further, That 
     notwithstanding section 603(d)(7) of the Federal Water 
     Pollution Control Act, the limitation on the amounts in a 
     State water pollution control revolving fund that may be used 
     by a State to administer the fund shall not apply to amounts 
     included as principal in loans made by such fund in fiscal 
     year 2012 and prior years where such amounts represent costs 
     of administering the fund to the extent that such amounts are 
     or were deemed reasonable by the Administrator, accounted for 
     separately from other assets in the fund, and used for 
     eligible purposes of the fund, including administration:  
     Provided further, That for fiscal year 2012, and 
     notwithstanding section 518(f) of the Act, the Administrator 
     is authorized to use the amounts appropriated for any fiscal 
     year under section 319 of that Act to make grants to 
     federally recognized Indian tribes pursuant to sections 
     319(h) and 518(e) of that Act:  Provided further, That for 
     fiscal year 2012, notwithstanding the limitation on amounts 
     in section 518(c) of the Federal Water Pollution Control Act 
     and section 1452(i) of the Safe Drinking Water Act, up to a 
     total of 2 percent of the funds appropriated for State 
     Revolving Funds under such Acts may be reserved by the 
     Administrator for grants under section 518(c) and section 
     1452(i) of such Acts:  Provided further, That for fiscal year 
     2012, notwithstanding the amounts specified in section 205(c) 
     of the Federal Water Pollution Control Act, up to 1.5 percent 
     of the aggregate funds appropriated for the Clean Water State 
     Revolving Fund program under the Act less any sums reserved 
     under section 518(c) of the Act, may be reserved by the 
     Administrator for grants made under title II of the Clean 
     Water Act for American Samoa, Guam, the Commonwealth of the 
     Northern Marianas, and United States Virgin Islands:  
     Provided further, That for fiscal year 2012, notwithstanding 
     the limitations on amounts specified in section 1452(j) of 
     the Safe Drinking Water Act, up to 1.5 percent of the funds 
     appropriated for the Drinking Water State Revolving Fund 
     programs under the Safe Drinking Water Act may be reserved by 
     the Administrator for grants made under section 1452(j) of 
     the Safe Drinking Water Act:  Provided further, That not less 
     than 20 percent but not more than 30 percent of the funds 
     made available under this title to each State for Clean Water 
     State Revolving Fund capitalization grants and not less than 
     20 percent but not more than 30 percent of the funds made 
     available under this title to each State for Drinking Water 
     State Revolving Fund capitalization grants shall be used by 
     the State to provide additional subsidy to eligible 
     recipients in the form of forgiveness of principal, negative 
     interest loans, or grants (or any combination of these), and 
     shall be so used by the State only where such funds are 
     provided as initial financing for an eligible recipient or to 
     buy, refinance, or restructure the debt obligations of 
     eligible recipients only where such debt was incurred on or 
     after the date of enactment of this Act, except that for the 
     Clean Water State Revolving Fund capitalization grant 
     appropriation this section shall only apply to the portion 
     that exceeds $1,000,000,000:  Provided further, That no funds 
     provided by this appropriations Act to address the water, 
     wastewater and other critical infrastructure needs of the 
     colonias in the United States along the United States-Mexico 
     border shall be made available to a county or municipal 
     government unless that government has established an 
     enforceable local ordinance, or other zoning rule, which 
     prevents in that jurisdiction the development or construction 
     of any additional colonia areas, or the development within an 
     existing colonia the construction of any new home, business, 
     or other structure which lacks water, wastewater, or other 
     necessary infrastructure:  Provided further, That for fiscal 
     year 2012 and hereafter, the Administrator may transfer funds 
     provided for tribal set-asides through funds appropriated for 
     the Clean Water State Revolving Funds and for the Drinking 
     Water State Revolving Funds between those accounts in such 
     manner as the Administrator deems appropriate, but not to 
     exceed the transfer limits given to States under section 
     302(a) of Public Law 104-182.

       Administrative Provisions--Environmental Protection Agency

              (including transfer and rescission of funds)

       For fiscal year 2012, notwithstanding 31 U.S.C. 6303(1) and 
     6305(1), the Administrator of the Environmental Protection 
     Agency, in carrying out the Agency's function to implement 
     directly Federal environmental programs required or 
     authorized by law in the absence of an acceptable tribal 
     program, may award cooperative agreements to federally 
     recognized Indian tribes or Intertribal consortia, if 
     authorized by their member tribes, to assist the 
     Administrator in implementing Federal environmental programs 
     for Indian tribes required or authorized by law, except that 
     no such cooperative agreements may be awarded from funds 
     designated for State financial assistance agreements.
       The Administrator of the Environmental Protection Agency is 
     authorized to collect and obligate pesticide registration 
     service fees in accordance with section 33 of the Federal 
     Insecticide, Fungicide, and Rodenticide Act, as amended by 
     Public Law 110-94, the Pesticide Registration Improvement 
     Renewal Act.
       The Administrator is authorized to transfer up to 
     $300,000,000 of the funds appropriated for the Great Lakes 
     Restoration Initiative under the

[[Page 20355]]

     heading ``Environmental Programs and Management'' to the head 
     of any Federal department or agency, with the concurrence of 
     such head, to carry out activities that would support the 
     Great Lakes Restoration Initiative and Great Lakes Water 
     Quality Agreement programs, projects, or activities; to enter 
     into an interagency agreement with the head of such Federal 
     department or agency to carry out these activities; and to 
     make grants to governmental entities, nonprofit 
     organizations, institutions, and individuals for planning, 
     research, monitoring, outreach, and implementation in 
     furtherance of the Great Lakes Restoration Initiative and the 
     Great Lakes Water Quality Agreement.
       From unobligated balances available to the Administrator of 
     the Environmental Protection Agency, $50,000,000 are 
     permanently rescinded:  Provided, That of these funds, 
     $5,000,000 shall be rescinded from unobligated balances 
     within the ``Hazardous Substance Superfund'' account; 
     $5,000,000 shall be rescinded from unobligated Brownfields 
     balances within the ``State and Tribal Assistance Grants'' 
     account; $5,000,000 shall be rescinded from unobligated 
     Mexico Border balances within the ``State and Tribal 
     Assistance Grants'' account; $5,000,000 shall be rescinded 
     from unobligated Diesel Emissions Reduction Act balances 
     within the ``State and Tribal Assistance Grants'' account; 
     $20,000,000 shall be rescinded from unobligated categorical 
     grant balances within the ``State and Tribal Assistance 
     Grants'' account; and $10,000,000 shall be rescinded from 
     unobligated Clean Water State Revolving Funds balances within 
     the ``State and Tribal Assistance Grants'' account:  Provided 
     further, That no amounts may be rescinded from amounts that 
     were designated by the Congress as an emergency requirement 
     pursuant to the Concurrent Resolution on the Budget or the 
     Balanced Budget and Emergency Deficit Control Act of 1985, as 
     amended.
       For fiscal year 2012 and each fiscal year thereafter, the 
     requirements of section 513 of the Federal Water Pollution 
     Control Act (33 U.S.C. 1372) shall apply to the construction 
     of treatment works carried out in whole or in part with 
     assistance made available by a State water pollution control 
     revolving fund as authorized by title VI of that Act (33 
     U.S.C. 1381 et seq.), or with assistance made available under 
     section 205(m) of that Act (33 U.S.C. 1285(m)), or both.
       For fiscal year 2012 and each fiscal year thereafter, the 
     requirements of section 1450(e) of the Safe Drinking Water 
     Act (42 U.S.C. 300j-9(e)) shall apply to any construction 
     project carried out in whole or in part with assistance made 
     available by a drinking water treatment revolving loan fund 
     as authorized by section 1452 of that Act (42 U.S.C. 300j-
     12).
       Notwithstanding section 104 of the Comprehensive 
     Environmental Response, Compensation, and Liability Act (42 
     U.S.C. 9604), the Administrator may authorize the expenditure 
     or transfer of up to $10,000,000 from any appropriation in 
     this title, in addition to the amounts included in the 
     ``Inland Oil Spill Programs'' account, for removal activities 
     related to actual oil spills 5 days after notifying the House 
     and Senate Committees on Appropriations of the intention to 
     expend or transfer such funds:  Provided, That no funds shall 
     be expended or transferred under this authority until the 
     Administrator determines that amounts made available for 
     expenditure in the ``Inland Oil Spill Programs'' account will 
     be exhausted within 30 days:  Provided further, That such 
     funds shall be replenished to the appropriation that was the 
     source of the expenditure or transfer, following EPA's 
     receipt of reimbursement from the Oil Spill Liability Trust 
     Fund pursuant to the Oil Pollution Act of 1990.

                               TITLE III

                            RELATED AGENCIES

                       DEPARTMENT OF AGRICULTURE

                             Forest Service

                     forest and rangeland research

       For necessary expenses of forest and rangeland research as 
     authorized by law, $295,773,000, to remain available until 
     expended:  Provided, That of the funds provided, $64,372,000 
     is for the forest inventory and analysis program.

                       state and private forestry

       For necessary expenses of cooperating with and providing 
     technical and financial assistance to States, territories, 
     possessions, and others, and for forest health management, 
     including treatments of pests, pathogens, and invasive or 
     noxious plants and for restoring and rehabilitating forests 
     damaged by pests or invasive plants, cooperative forestry, 
     and education and land conservation activities and conducting 
     an international program as authorized, $253,331,000, to 
     remain available until expended, as authorized by law; of 
     which $53,388,000 is to be derived from the Land and Water 
     Conservation Fund.

                         national forest system

       For necessary expenses of the Forest Service, not otherwise 
     provided for, for management, protection, improvement, and 
     utilization of the National Forest System, $1,556,628,000, to 
     remain available until expended:  Provided, That of the funds 
     provided, $336,049,000 shall be for forest products:  
     Provided further, That of the funds provided, $40,000,000 
     shall be deposited in the Collaborative Forest Landscape 
     Restoration Fund for ecological restoration treatments as 
     authorized by 16 U.S.C. 7303(f):  Provided further, That of 
     the funds provided, up to $68,000,000 is for the Integrated 
     Resource Restoration pilot program for Region 1, Region 3 and 
     Region 4:  Provided further, That of the funds provided for 
     forest products, up to $44,585,000 may be transferred to 
     support the Integrated Resource Restoration pilot program in 
     the preceding proviso.

                  capital improvement and maintenance

                     (including transfer of funds)

       For necessary expenses of the Forest Service, not otherwise 
     provided for, $394,721,000, to remain available until 
     expended, for construction, capital improvement, maintenance 
     and acquisition of buildings and other facilities and 
     infrastructure; and for construction, reconstruction, 
     decommissioning (including decommissioning unauthorized roads 
     not part of the transportation system), and maintenance of 
     forest roads and trails by the Forest Service as authorized 
     by 16 U.S.C. 532-538 and 23 U.S.C. 101 and 205:  Provided,  
     That $45,000,000 shall be designated for urgently needed road 
     decommissioning, road and trail repair and maintenance and 
     associated activities, and removal of fish passage barriers, 
     especially in areas where Forest Service roads may be 
     contributing to water quality problems in streams and water 
     bodies which support threatened, endangered, or sensitive 
     species or community water sources:  Provided further, That 
     funds becoming available in fiscal year 2012 under the Act of 
     March 4, 1913 (16 U.S.C. 501) shall be transferred to the 
     General Fund of the Treasury and shall not be available for 
     transfer or obligation for any other purpose unless the funds 
     are appropriated:  Provided further, That of the funds 
     provided for decommissioning of roads, up to $13,000,000 may 
     be transferred to the ``National Forest System'' to support 
     the Integrated Resource Restoration pilot program.

                            land acquisition

       For expenses necessary to carry out the provisions of the 
     Land and Water Conservation Fund Act of 1965, as amended (16 
     U.S.C. 460l-4 through 11), including administrative expenses, 
     and for acquisition of land or waters, or interest therein, 
     in accordance with statutory authority applicable to the 
     Forest Service, $52,605,000, to be derived from the Land and 
     Water Conservation Fund and to remain available until 
     expended.

         acquisition of lands for national forests special acts

       For acquisition of lands within the exterior boundaries of 
     the Cache, Uinta, and Wasatch National Forests, Utah; the 
     Toiyabe National Forest, Nevada; and the Angeles, San 
     Bernardino, Sequoia, and Cleveland National Forests, 
     California, as authorized by law, $955,000, to be derived 
     from forest receipts.

            acquisition of lands to complete land exchanges

       For acquisition of lands, such sums, to be derived from 
     funds deposited by State, county, or municipal governments, 
     public school districts, or other public school authorities, 
     and for authorized expenditures from funds deposited by non-
     Federal parties pursuant to Land Sale and Exchange Acts, 
     pursuant to the Act of December 4, 1967, as amended (16 
     U.S.C. 484a), to remain available until expended (16 U.S.C. 
     460l-516-617a, 555a; Public Law 96-586; Public Law 76-589, 
     76-591; and Public Law 78-310).

                         range betterment fund

       For necessary expenses of range rehabilitation, protection, 
     and improvement, 50 percent of all moneys received during the 
     prior fiscal year, as fees for grazing domestic livestock on 
     lands in National Forests in the 16 Western States, pursuant 
     to section 401(b)(1) of Public Law 94-579, as amended, to 
     remain available until expended, of which not to exceed 6 
     percent shall be available for administrative expenses 
     associated with on-the-ground range rehabilitation, 
     protection, and improvements.

    gifts, donations and bequests for forest and rangeland research

       For expenses authorized by 16 U.S.C. 1643(b), $45,000, to 
     remain available until expended, to be derived from the fund 
     established pursuant to the above Act.

        management of national forest lands for subsistence uses

       For necessary expenses of the Forest Service to manage 
     Federal lands in Alaska for subsistence uses under title VIII 
     of the Alaska National Interest Lands Conservation Act 
     (Public Law 96-487), $2,577,000, to remain available until 
     expended.

                        wildland fire management

                     (including transfers of funds)

       For necessary expenses for forest fire presuppression 
     activities on National Forest System lands, for emergency 
     fire suppression on or adjacent to such lands or other lands 
     under fire protection agreement, hazardous fuels reduction on 
     or adjacent to such lands, and for emergency rehabilitation 
     of burned-over National Forest System lands and water, 
     $1,737,631,000, to remain available until expended:  
     Provided, That such funds including unobligated balances 
     under this heading, are available for repayment of advances 
     from other appropriations accounts previously transferred for 
     such purposes:  Provided further, That such funds shall be 
     available to reimburse State and other cooperating entities 
     for services provided in response to wildfire and other 
     emergencies or disasters to the extent such reimbursements by 
     the Forest Service for non-fire emergencies are fully repaid 
     by the responsible emergency management agency:  Provided 
     further, That, notwithstanding any other provision of law, 
     $7,262,000 of funds appropriated under this appropriation 
     shall be available for the Forest

[[Page 20356]]

     Service in support of fire science research authorized by the 
     Joint Fire Science Program, including all Forest Service 
     authorities for the use of funds, such as contracts, grants, 
     research joint venture agreements, and cooperative 
     agreements:  Provided further, That all authorities for the 
     use of funds, including the use of contracts, grants, and 
     cooperative agreements, available to execute the Forest and 
     Rangeland Research appropriation, are also available in the 
     utilization of these funds for Fire Science Research:  
     Provided further, That funds provided shall be available for 
     emergency rehabilitation and restoration, hazardous fuels 
     reduction activities in the urban-wildland interface, support 
     to Federal emergency response, and wildfire suppression 
     activities of the Forest Service:  Provided further, That of 
     the funds provided, $317,584,000 is for hazardous fuels 
     reduction activities, $21,734,000 is for research activities 
     and to make competitive research grants pursuant to the 
     Forest and Rangeland Renewable Resources Research Act, as 
     amended (16 U.S.C. 1641 et seq.), $55,564,000 is for State 
     fire assistance, $6,366,000 is for volunteer fire assistance, 
     $15,983,000 is for forest health activities on Federal lands 
     and $8,366,000 is for forest health activities on State and 
     private lands:  Provided further, That amounts in this 
     paragraph may be transferred to the ``State and Private 
     Forestry'', ``National Forest System'', and ``Forest and 
     Rangeland Research'' accounts to fund State fire assistance, 
     volunteer fire assistance, forest health management, forest 
     and rangeland research, the Joint Fire Science Program, 
     vegetation and watershed management, heritage site 
     rehabilitation, and wildlife and fish habitat management and 
     restoration:  Provided further, That the costs of 
     implementing any cooperative agreement between the Federal 
     Government and any non-Federal entity may be shared, as 
     mutually agreed on by the affected parties:  Provided 
     further, That up to $15,000,000 of the funds provided herein 
     may be used by the Secretary of Agriculture to enter into 
     procurement contracts or cooperative agreements or to issue 
     grants for hazardous fuels reduction and for training or 
     monitoring associated with such hazardous fuels reduction 
     activities on Federal land or on non-Federal land if the 
     Secretary determines such activities implement a community 
     wildfire protection plan (or equivalent) and benefit 
     resources on Federal land:  Provided further, That funds made 
     available to implement the Community Forest Restoration Act, 
     Public Law 106-393, title VI, shall be available for use on 
     non-Federal lands in accordance with authorities made 
     available to the Forest Service under the ``State and Private 
     Forestry'' appropriation:  Provided further, That the 
     Secretary of the Interior and the Secretary of Agriculture 
     may authorize the transfer of funds appropriated for wildland 
     fire management, in an aggregate amount not to exceed 
     $50,000,000, between the Departments when such transfers 
     would facilitate and expedite wildland fire management 
     programs and projects:  Provided further, That of the funds 
     provided for hazardous fuels reduction, not to exceed 
     $5,000,000 may be used to make grants, using any authorities 
     available to the Forest Service under the ``State and Private 
     Forestry'' appropriation, for the purpose of creating 
     incentives for increased use of biomass from National Forest 
     System lands:  Provided further, That no amounts may be 
     cancelled from amounts that were designated by the Congress 
     as an emergency requirement pursuant to the Concurrent 
     Resolution on the Budget or the Balanced Budget and Emergency 
     Deficit Control Act of 1985, as amended:  Provided further, 
     That before obligating any of the funds provided herein for 
     wildland fire suppression, the Secretary of Agriculture shall 
     obligate all unobligated balances previously made available 
     under this heading (including the unobligated balances 
     transferred to Forest Service accounts under this heading by 
     division B of the Consolidated Security, Disaster Assistance, 
     and Continuing Appropriations Act, 2009 (Public Law 110-329, 
     122 Stat. 3594)) that, when appropriated, were designated by 
     Congress as an emergency requirement pursuant to the 
     Concurrent Resolution on the Budget or the Balanced Budget 
     and Emergency Deficit Control Act of 1985 and notify the 
     Committees on Appropriations of the House of Representatives 
     and the Senate in writing of the imminent need to begin 
     obligating funds provided herein for wildland fire 
     suppression:  Provided further, That funds designated for 
     wildfire suppression, including funds transferred from the 
     ``FLAME Wildfire Suppression Reserve Fund'', shall be 
     assessed for cost pools on the same basis as such assessments 
     are calculated against other agency programs:  Provided 
     further, That of the funds for hazardous fuels reduction, up 
     to $21,000,000 may be transferred to the ``National Forest 
     System'' to support the Integrated Resource Restoration pilot 
     program.

                Flame Wildfire Suppression Reserve Fund

                     (including transfers of funds)

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

               administrative provisions--forest service

                     (including transfers of funds)

       Appropriations to the Forest Service for the current fiscal 
     year shall be available for: (1) purchase of passenger motor 
     vehicles; acquisition of passenger motor vehicles from excess 
     sources, and hire of such vehicles; purchase, lease, 
     operation, maintenance, and acquisition of aircraft from 
     excess sources to maintain the operable fleet for use in 
     Forest Service wildland fire programs and other Forest 
     Service programs; notwithstanding other provisions of law, 
     existing aircraft being replaced may be sold, with proceeds 
     derived or trade-in value used to offset the purchase price 
     for the replacement aircraft; (2) services pursuant to 7 
     U.S.C. 2225, and not to exceed $100,000 for employment under 
     5 U.S.C. 3109; (3) purchase, erection, and alteration of 
     buildings and other public improvements (7 U.S.C. 2250); (4) 
     acquisition of land, waters, and interests therein pursuant 
     to 7 U.S.C. 428a; (5) for expenses pursuant to the Volunteers 
     in the National Forest Act of 1972 (16 U.S.C. 558a, 558d, and 
     558a note); (6) the cost of uniforms as authorized by 5 
     U.S.C. 5901-5902; and (7) for debt collection contracts in 
     accordance with 31 U.S.C. 3718(c).
       Any appropriations or funds available to the Forest Service 
     may be transferred to the Wildland Fire Management 
     appropriation for forest firefighting, emergency 
     rehabilitation of burned-over or damaged lands or waters 
     under its jurisdiction, and fire preparedness due to severe 
     burning conditions upon the Secretary's notification of the 
     House and Senate Committees on Appropriations that all fire 
     suppression funds appropriated under the headings ``Wildland 
     Fire Management'' and ``FLAME Wildfire Suppression Reserve 
     Fund'' will be obligated within 30 days:  Provided, That all 
     funds used pursuant to this paragraph must be replenished by 
     a supplemental appropriation which must be requested as 
     promptly as possible.
       Funds appropriated to the Forest Service shall be available 
     for assistance to or through the Agency for International 
     Development in connection with forest and rangeland research, 
     technical information, and assistance in foreign countries, 
     and shall be available to support forestry and related 
     natural resource activities outside the United States and its 
     territories and possessions, including technical assistance, 
     education and training, and cooperation with U.S., private, 
     and international organizations. The Forest Service, acting 
     for the International Program, may sign direct funding 
     agreements with foreign governments and institutions as well 
     as other domestic agencies (including the U.S. Agency for 
     International Development, the Department of State, and the 
     Millennium Challenge Corporation), U.S. private sector firms, 
     institutions and organizations to provide technical 
     assistance and training programs overseas on forestry and 
     rangeland management.
       None of the funds made available to the Forest Service in 
     this Act or any other Act with respect to any fiscal year 
     shall be subject to transfer under the provisions of section 
     702(b) of the Department of Agriculture Organic Act of 1944 
     (7 U.S.C. 2257), section 442 of Public Law 106-224 (7 U.S.C. 
     7772), or section 10417(b) of Public Law 107-107 (7 U.S.C. 
     8316(b)).
       None of the funds available to the Forest Service may be 
     reprogrammed without the advance approval of the House and 
     Senate Committees on Appropriations in accordance with the 
     reprogramming procedures contained in the joint explanatory 
     statement of the managers accompanying this Act.
       Not more than $82,000,000 of funds available to the Forest 
     Service shall be transferred to the Working Capital Fund of 
     the Department of Agriculture and not more than $14,500,000 
     of funds available to the Forest Service shall be transferred 
     to the Department of Agriculture for Department Reimbursable 
     Programs, commonly referred to as Greenbook charges. Nothing 
     in this paragraph shall prohibit or limit the use of 
     reimbursable agreements requested by the Forest Service in 
     order to obtain services from the Department of Agriculture's 
     National Information Technology Center. Nothing in this 
     paragraph shall limit the Forest Service portion of 
     implementation costs to be paid to the Department of 
     Agriculture for the Financial Management Modernization 
     Initiative.
       Of the funds available to the Forest Service up to 
     $5,000,000 shall be available for priority projects within 
     the scope of the approved budget, which shall be carried out 
     by the Youth Conservation Corps and shall be carried out 
     under the authority of the Public Lands Corps Act of 1993, 
     Public Law 103-82, as amended by Public Lands Corps Healthy 
     Forests Restoration Act of 2005, Public Law 109-154.
       Of the funds available to the Forest Service, $4,000 is 
     available to the Chief of the Forest Service for official 
     reception and representation expenses.
       Pursuant to sections 405(b) and 410(b) of Public Law 101-
     593, of the funds available to the Forest Service, up to 
     $3,000,000 may be advanced in a lump sum to the National 
     Forest Foundation to aid conservation partnership projects in 
     support of the Forest Service mission, without regard to when 
     the Foundation incurs expenses, for projects on or 
     benefitting National Forest System lands or related to Forest 
     Service programs:  Provided, That of the Federal funds made 
     available to the Foundation, no more than $300,000 shall be 
     available for administrative expenses:  Provided further, 
     That the Foundation shall obtain, by the end of the period of 
     Federal financial assistance, private contributions to match 
     on at least one-for-one basis funds made available by the 
     Forest Service:  Provided further, That the Foundation may 
     transfer Federal

[[Page 20357]]

     funds to a Federal or a non-Federal recipient for a project 
     at the same rate that the recipient has obtained the non-
     Federal matching funds:  Provided further, That authorized 
     investments of Federal funds held by the Foundation may be 
     made only in interest-bearing obligations of the United 
     States or in obligations guaranteed as to both principal and 
     interest by the United States.
       Pursuant to section 2(b)(2) of Public Law 98-244, 
     $3,000,000 of the funds available to the Forest Service may 
     be advanced to the National Fish and Wildlife Foundation in a 
     lump sum to aid cost-share conservation projects, without 
     regard to when expenses are incurred, on or benefitting 
     National Forest System lands or related to Forest Service 
     programs:  Provided, That such funds shall be matched on at 
     least a one-for-one basis by the Foundation or its sub-
     recipients:  Provided further, That the Foundation may 
     transfer Federal funds to a Federal or non-Federal recipient 
     for a project at the same rate that the recipient has 
     obtained the non-Federal matching funds.
       Funds appropriated to the Forest Service shall be available 
     for interactions with and providing technical assistance to 
     rural communities and natural resource-based businesses for 
     sustainable rural development purposes.
       Funds appropriated to the Forest Service shall be available 
     for payments to counties within the Columbia River Gorge 
     National Scenic Area, pursuant to section 14(c)(1) and (2), 
     and section 16(a)(2) of Public Law 99-663.
       Any funds appropriated to the Forest Service may be used to 
     meet the non-Federal share requirement in section 502(c) of 
     the Older American Act of 1965 (42 U.S.C. 3056(c)(2)).
       Funds available to the Forest Service, not to exceed 
     $55,000,000, shall be assessed for the purpose of performing 
     fire, administrative and other facilities maintenance and 
     decommissioning. Such assessments shall occur using a square 
     foot rate charged on the same basis the agency uses to assess 
     programs for payment of rent, utilities, and other support 
     services.
       Notwithstanding any other provision of law, any 
     appropriations or funds available to the Forest Service not 
     to exceed $500,000 may be used to reimburse the Office of the 
     General Counsel (OGC), Department of Agriculture, for travel 
     and related expenses incurred as a result of OGC assistance 
     or participation requested by the Forest Service at meetings, 
     training sessions, management reviews, land purchase 
     negotiations and similar nonlitigation-related matters. 
     Future budget justifications for both the Forest Service and 
     the Department of Agriculture should clearly display the sums 
     previously transferred and the requested funding transfers.
       An eligible individual who is employed in any project 
     funded under title V of the Older American Act of 1965 (42 
     U.S.C. 3056 et seq.) and administered by the Forest Service 
     shall be considered to be a Federal employee for purposes of 
     chapter 171 of title 28, United States Code.

                DEPARTMENT OF HEALTH AND HUMAN SERVICES

                         Indian Health Service

                         indian health services

       For expenses necessary to carry out the Act of August 5, 
     1954 (68 Stat. 674), the Indian Self-Determination Act, the 
     Indian Health Care Improvement Act, and titles II and III of 
     the Public Health Service Act with respect to the Indian 
     Health Service, $3,872,377,000, together with payments 
     received during the fiscal year pursuant to 42 U.S.C. 238(b) 
     and 238b for services furnished by the Indian Health Service: 
      Provided, That funds made available to tribes and tribal 
     organizations through contracts, grant agreements, or any 
     other agreements or compacts authorized by the Indian Self-
     Determination and Education Assistance Act of 1975 (25 U.S.C. 
     450), shall be deemed to be obligated at the time of the 
     grant or contract award and thereafter shall remain available 
     to the tribe or tribal organization without fiscal year 
     limitation:  Provided further, That $844,927,000 for contract 
     medical care, including $51,500,000 for the Indian 
     Catastrophic Health Emergency Fund, shall remain available 
     until expended:  Provided further, That of the funding 
     provided for information technology activities and, 
     notwithstanding any other provision of law, $4,000,000 shall 
     be allocated at the discretion of the Director of the Indian 
     Health Service:  Provided further, That of the funds 
     provided, up to $36,000,000 shall remain available until 
     expended for implementation of the loan repayment program 
     under section 108 of the Indian Health Care Improvement Act:  
     Provided further, That the amounts collected by the Federal 
     Government as authorized by sections 104 and 108 of the 
     Indian Health Care Improvement Act (25 U.S.C. 1613a and 
     1616a) during the preceding fiscal year for breach of 
     contracts shall be deposited to the Fund authorized by 
     section 108A of the Act (25 U.S.C. 1616a-1) and shall remain 
     available until expended and, notwithstanding section 108A(c) 
     of the Act (25 U.S.C. 1616a-1(c)), funds shall be available 
     to make new awards under the loan repayment and scholarship 
     programs under sections 104 and 108 of the Act (25 U.S.C. 
     1613a and 1616a):  Provided further, That notwithstanding any 
     other provision of law, the amounts made available within 
     this account for the methamphetamine and suicide prevention 
     and treatment initiative and for the domestic violence 
     prevention initiative shall be allocated at the discretion of 
     the Director of the Indian Health Service and shall remain 
     available until expended:  Provided further, That funds 
     provided in this Act may be used for annual contracts and 
     grants that fall within 2 fiscal years, provided the total 
     obligation is recorded in the year the funds are 
     appropriated:  Provided further, That the amounts collected 
     by the Secretary of Health and Human Services under the 
     authority of title IV of the Indian Health Care Improvement 
     Act shall remain available until expended for the purpose of 
     achieving compliance with the applicable conditions and 
     requirements of titles XVIII and XIX of the Social Security 
     Act, except for those related to the planning, design, or 
     construction of new facilities:  Provided further, That 
     funding contained herein for scholarship programs under the 
     Indian Health Care Improvement Act (25 U.S.C. 1613) shall 
     remain available until expended:  Provided further, That 
     amounts received by tribes and tribal organizations under 
     title IV of the Indian Health Care Improvement Act shall be 
     reported and accounted for and available to the receiving 
     tribes and tribal organizations until expended:  Provided 
     further, That, notwithstanding any other provision of law, of 
     the amounts provided herein, not to exceed $472,193,000 shall 
     be for payments to tribes and tribal organizations for 
     contract or grant support costs associated with contracts, 
     grants, self-governance compacts, or annual funding 
     agreements between the Indian Health Service and a tribe or 
     tribal organization pursuant to the Indian Self-Determination 
     Act of 1975, as amended, prior to or during fiscal year 2012, 
     of which not to exceed $10,000,000 may be used for contract 
     support costs associated with new or expanded self-
     determination contracts, grants, self-governance compacts, or 
     annual funding agreements:  Provided further, That the Bureau 
     of Indian Affairs may collect from the Indian Health Service, 
     tribes and tribal organizations operating health facilities 
     pursuant to Public Law 93-638, such individually identifiable 
     health information relating to disabled children as may be 
     necessary for the purpose of carrying out its functions under 
     the Individuals with Disabilities Education Act (20 U.S.C. 
     1400, et seq.):  Provided further, That the Indian Health 
     Care Improvement Fund may be used, as needed, to carry out 
     activities typically funded under the Indian Health 
     Facilities account.

                        indian health facilities

       For construction, repair, maintenance, improvement, and 
     equipment of health and related auxiliary facilities, 
     including quarters for personnel; preparation of plans, 
     specifications, and drawings; acquisition of sites, purchase 
     and erection of modular buildings, and purchases of trailers; 
     and for provision of domestic and community sanitation 
     facilities for Indians, as authorized by section 7 of the Act 
     of August 5, 1954 (42 U.S.C. 2004a), the Indian Self-
     Determination Act, and the Indian Health Care Improvement 
     Act, and for expenses necessary to carry out such Acts and 
     titles II and III of the Public Health Service Act with 
     respect to environmental health and facilities support 
     activities of the Indian Health Service, $441,052,000, to 
     remain available until expended:  Provided, That 
     notwithstanding any other provision of law, funds 
     appropriated for the planning, design, construction, 
     renovation or expansion of health facilities for the benefit 
     of an Indian tribe or tribes may be used to purchase land on 
     which such facilities will be located:  Provided further, 
     That not to exceed $500,000 shall be used by the Indian 
     Health Service to purchase TRANSAM equipment from the 
     Department of Defense for distribution to the Indian Health 
     Service and tribal facilities:  Provided further, That none 
     of the funds appropriated to the Indian Health Service may be 
     used for sanitation facilities construction for new homes 
     funded with grants by the housing programs of the United 
     States Department of Housing and Urban Development:  Provided 
     further, That not to exceed $2,700,000 from this account and 
     the ``Indian Health Services'' account shall be used by the 
     Indian Health Service to obtain ambulances for the Indian 
     Health Service and tribal facilities in conjunction with an 
     existing interagency agreement between the Indian Health 
     Service and the General Services Administration:  Provided 
     further, That not to exceed $500,000 shall be placed in a 
     Demolition Fund, to remain available until expended, and be 
     used by the Indian Health Service for the demolition of 
     Federal buildings.

            administrative provisions--indian health service

       Appropriations provided in this Act to the Indian Health 
     Service shall be available for services as authorized by 5 
     U.S.C. 3109 at rates not to exceed the per diem rate 
     equivalent to the maximum rate payable for senior-level 
     positions under 5 U.S.C. 5376; hire of passenger motor 
     vehicles and aircraft; purchase of medical equipment; 
     purchase of reprints; purchase, renovation and erection of 
     modular buildings and renovation of existing facilities; 
     payments for telephone service in private residences in the 
     field, when authorized under regulations approved by the 
     Secretary; uniforms or allowances therefor as authorized by 5 
     U.S.C. 5901-5902; and for expenses of attendance at meetings 
     that relate to the functions or activities of the Indian 
     Health Service:  Provided, That in accordance with the 
     provisions of the Indian Health Care Improvement Act, non-
     Indian patients may be extended health care at all tribally 
     administered or Indian Health Service facilities, subject to 
     charges, and the proceeds along with funds recovered under 
     the Federal Medical Care Recovery Act (42 U.S.C. 2651-2653) 
     shall be credited to the account of the facility providing 
     the service and shall be available without fiscal year 
     limitation:  Provided further, That notwithstanding any other 
     law or regulation, funds transferred from the Department of 
     Housing and Urban Development to the Indian Health Service 
     shall be administered under Public Law 86-121, the Indian

[[Page 20358]]

     Sanitation Facilities Act and Public Law 93-638, as amended:  
     Provided further, That funds appropriated to the Indian 
     Health Service in this Act, except those used for 
     administrative and program direction purposes, shall not be 
     subject to limitations directed at curtailing Federal travel 
     and transportation:  Provided further, That none of the funds 
     made available to the Indian Health Service in this Act shall 
     be used for any assessments or charges by the Department of 
     Health and Human Services unless identified in the budget 
     justification and provided in this Act, or approved by the 
     House and Senate Committees on Appropriations through the 
     reprogramming process:  Provided further, That 
     notwithstanding any other provision of law, funds previously 
     or herein made available to a tribe or tribal organization 
     through a contract, grant, or agreement authorized by title I 
     or title V of the Indian Self-Determination and Education 
     Assistance Act of 1975 (25 U.S.C. 450), may be deobligated 
     and reobligated to a self-determination contract under title 
     I, or a self-governance agreement under title V of such Act 
     and thereafter shall remain available to the tribe or tribal 
     organization without fiscal year limitation:  Provided 
     further, That none of the funds made available to the Indian 
     Health Service in this Act shall be used to implement the 
     final rule published in the Federal Register on September 16, 
     1987, by the Department of Health and Human Services, 
     relating to the eligibility for the health care services of 
     the Indian Health Service until the Indian Health Service has 
     submitted a budget request reflecting the increased costs 
     associated with the proposed final rule, and such request has 
     been included in an appropriations Act and enacted into law:  
     Provided further, That with respect to functions transferred 
     by the Indian Health Service to tribes or tribal 
     organizations, the Indian Health Service is authorized to 
     provide goods and services to those entities on a 
     reimbursable basis, including payments in advance with 
     subsequent adjustment, and the reimbursements received 
     therefrom, along with the funds received from those entities 
     pursuant to the Indian Self-Determination Act, may be 
     credited to the same or subsequent appropriation account from 
     which the funds were originally derived, with such amounts to 
     remain available until expended:  Provided further, That 
     reimbursements for training, technical assistance, or 
     services provided by the Indian Health Service will contain 
     total costs, including direct, administrative, and overhead 
     associated with the provision of goods, services, or 
     technical assistance:  Provided further, That the 
     appropriation structure for the Indian Health Service may not 
     be altered without advance notification to the House and 
     Senate Committees on Appropriations.

                     National Institutes of Health

          national institute of environmental health sciences

       For necessary expenses for the National Institute of 
     Environmental Health Sciences in carrying out activities set 
     forth in section 311(a) of the Comprehensive Environmental 
     Response, Compensation, and Liability Act of 1980, as 
     amended, and section 126(g) of the Superfund Amendments and 
     Reauthorization Act of 1986, $79,054,000.

            Agency for Toxic Substances and Disease Registry

            toxic substances and environmental public health

       For necessary expenses for the Agency for Toxic Substances 
     and Disease Registry (ATSDR) in carrying out activities set 
     forth in sections 104(i) and 111(c)(4) of the Comprehensive 
     Environmental Response, Compensation, and Liability Act of 
     1980 (CERCLA), as amended; section 118(f) of the Superfund 
     Amendments and Reauthorization Act of 1986 (SARA), as 
     amended; and section 3019 of the Solid Waste Disposal Act, as 
     amended, $76,337,000, of which up to $1,000 per eligible 
     employee of the Agency for Toxic Substances and Disease 
     Registry shall remain available until expended for Individual 
     Learning Accounts:  Provided, That notwithstanding any other 
     provision of law, in lieu of performing a health assessment 
     under section 104(i)(6) of CERCLA, the Administrator of ATSDR 
     may conduct other appropriate health studies, evaluations, or 
     activities, including, without limitation, biomedical 
     testing, clinical evaluations, medical monitoring, and 
     referral to accredited healthcare providers:  Provided 
     further, That in performing any such health assessment or 
     health study, evaluation, or activity, the Administrator of 
     ATSDR shall not be bound by the deadlines in section 
     104(i)(6)(A) of CERCLA:  Provided further, That none of the 
     funds appropriated under this heading shall be available for 
     ATSDR to issue in excess of 40 toxicological profiles 
     pursuant to section 104(I) of CERCLA during fiscal year 2012, 
     and existing profiles may be updated as necessary.

                         OTHER RELATED AGENCIES

                   Executive Office of the President

  council on environmental quality and office of environmental quality

       For necessary expenses to continue functions assigned to 
     the Council on Environmental Quality and Office of 
     Environmental Quality pursuant to the National Environmental 
     Policy Act of 1969, the Environmental Quality Improvement Act 
     of 1970, and Reorganization Plan No. 1 of 1977, and not to 
     exceed $750 for official reception and representation 
     expenses, $3,153,000:  Provided, That notwithstanding section 
     202 of the National Environmental Policy Act of 1970, the 
     Council shall consist of one member, appointed by the 
     President, by and with the advice and consent of the Senate, 
     serving as chairman and exercising all powers, functions, and 
     duties of the Council.

             Chemical Safety and Hazard Investigation Board

                         salaries and expenses

       For necessary expenses in carrying out activities pursuant 
     to section 112(r)(6) of the Clean Air Act, as amended, 
     including hire of passenger vehicles, uniforms or allowances 
     therefor, as authorized by 5 U.S.C. 5901-5902, and for 
     services authorized by 5 U.S.C. 3109 but at rates for 
     individuals not to exceed the per diem equivalent to the 
     maximum rate payable for senior level positions under 5 
     U.S.C. 5376, $11,147,000:  Provided, That the Chemical Safety 
     and Hazard Investigation Board (Board) shall have not more 
     than three career Senior Executive Service positions:  
     Provided further, That notwithstanding any other provision of 
     law, the individual appointed to the position of Inspector 
     General of the Environmental Protection Agency (EPA) shall, 
     by virtue of such appointment, also hold the position of 
     Inspector General of the Board:  Provided further, That 
     notwithstanding any other provision of law, the Inspector 
     General of the Board shall utilize personnel of the Office of 
     Inspector General of EPA in performing the duties of the 
     Inspector General of the Board, and shall not appoint any 
     individuals to positions within the Board.

              Office of Navajo and Hopi Indian Relocation

                         salaries and expenses

       For necessary expenses of the Office of Navajo and Hopi 
     Indian Relocation as authorized by Public Law 93-531, 
     $7,750,000, to remain available until expended:  Provided, 
     That funds provided in this or any other appropriations Act 
     are to be used to relocate eligible individuals and groups 
     including evictees from District 6, Hopi-partitioned lands 
     residents, those in significantly substandard housing, and 
     all others certified as eligible and not included in the 
     preceding categories:  Provided further, That none of the 
     funds contained in this or any other Act may be used by the 
     Office of Navajo and Hopi Indian Relocation to evict any 
     single Navajo or Navajo family who, as of November 30, 1985, 
     was physically domiciled on the lands partitioned to the Hopi 
     Tribe unless a new or replacement home is provided for such 
     household:  Provided further, That no relocatee will be 
     provided with more than one new or replacement home:  
     Provided further, That the Office shall relocate any 
     certified eligible relocatees who have selected and received 
     an approved homesite on the Navajo reservation or selected a 
     replacement residence off the Navajo reservation or on the 
     land acquired pursuant to 25 U.S.C. 640d-10.

    Institute of American Indian and Alaska Native Culture and Arts 
                              Development

                        payment to the institute

       For payment to the Institute of American Indian and Alaska 
     Native Culture and Arts Development, as authorized by title 
     XV of Public Law 99-498, as amended (20 U.S.C. 56 part A), 
     $8,533,000.

                        Smithsonian Institution

                         salaries and expenses

       For necessary expenses of the Smithsonian Institution, as 
     authorized by law, including research in the fields of art, 
     science, and history; development, preservation, and 
     documentation of the National Collections; presentation of 
     public exhibits and performances; collection, preparation, 
     dissemination, and exchange of information and publications; 
     conduct of education, training, and museum assistance 
     programs; maintenance, alteration, operation, lease 
     agreements of no more than 30 years, and protection of 
     buildings, facilities, and approaches; not to exceed $100,000 
     for services as authorized by 5 U.S.C. 3109; and purchase, 
     rental, repair, and cleaning of uniforms for employees, 
     $636,530,000, to remain available until September 30, 2013, 
     except as otherwise provided herein; of which not to exceed 
     $20,137,000 for the instrumentation program, collections 
     acquisition, exhibition reinstallation, the National Museum 
     of African American History and Culture, and the repatriation 
     of skeletal remains program shall remain available until 
     expended; and including such funds as may be necessary to 
     support American overseas research centers:  Provided, That 
     funds appropriated herein are available for advance payments 
     to independent contractors performing research services or 
     participating in official Smithsonian presentations.

                           facilities capital

       For necessary expenses of repair, revitalization, and 
     alteration of facilities owned or occupied by the Smithsonian 
     Institution, by contract or otherwise, as authorized by 
     section 2 of the Act of August 22, 1949 (63 Stat. 623), and 
     for construction, including necessary personnel, 
     $175,000,000, to remain available until expended, of which 
     not to exceed $10,000 is for services as authorized by 5 
     U.S.C. 3109, and of which $75,000,000 shall be to complete 
     design and begin construction of the National Museum of 
     African American History and Culture:  Provided, That during 
     fiscal year 2012 and any succeeding fiscal year, a single 
     procurement for construction of the National Museum of 
     African American History and Culture, as authorized under 
     section 8 of the National Museum of African American History 
     and Culture Act (20 U.S.C. 80r-6), may be issued that 
     includes the full scope of the project:  Provided further, 
     That the solicitation and contract shall contain the clause 
     ``availability of funds'' found at 48 CFR 52.232.18.

[[Page 20359]]



                        National Gallery of Art

                         salaries and expenses

       For the upkeep and operations of the National Gallery of 
     Art, the protection and care of the works of art therein, and 
     administrative expenses incident thereto, as authorized by 
     the Act of March 24, 1937 (50 Stat. 51), as amended by the 
     public resolution of April 13, 1939 (Public Resolution 9, 
     Seventy-sixth Congress), including services as authorized by 
     5 U.S.C. 3109; payment in advance when authorized by the 
     treasurer of the Gallery for membership in library, museum, 
     and art associations or societies whose publications or 
     services are available to members only, or to members at a 
     price lower than to the general public; purchase, repair, and 
     cleaning of uniforms for guards, and uniforms, or allowances 
     therefor, for other employees as authorized by law (5 U.S.C. 
     5901-5902); purchase or rental of devices and services for 
     protecting buildings and contents thereof, and maintenance, 
     alteration, improvement, and repair of buildings, approaches, 
     and grounds; and purchase of services for restoration and 
     repair of works of art for the National Gallery of Art by 
     contracts made, without advertising, with individuals, firms, 
     or organizations at such rates or prices and under such terms 
     and conditions as the Gallery may deem proper, $114,066,000, 
     of which not to exceed $3,481,000 for the special exhibition 
     program shall remain available until expended.

            repair, restoration, and renovation of buildings

       For necessary expenses of repair, restoration and 
     renovation of buildings, grounds and facilities owned or 
     occupied by the National Gallery of Art, by contract or 
     otherwise, for operating lease agreements of no more than 10 
     years, with no extensions or renewals beyond the 10 years, 
     that address space needs created by the ongoing renovations 
     in the Master Facilities Plan, as authorized, $14,516,000, to 
     remain available until expended:  Provided, That contracts 
     awarded for environmental systems, protection systems, and 
     exterior repair or renovation of buildings of the National 
     Gallery of Art may be negotiated with selected contractors 
     and awarded on the basis of contractor qualifications as well 
     as price.

             John F. Kennedy Center for the Performing Arts

                       operations and maintenance

       For necessary expenses for the operation, maintenance and 
     security of the John F. Kennedy Center for the Performing 
     Arts, $23,200,000.

                     capital repair and restoration

       For necessary expenses for capital repair and restoration 
     of the existing features of the building and site of the John 
     F. Kennedy Center for the Performing Arts, $13,650,000, to 
     remain available until expended.

            Woodrow Wilson International Center for Scholars

                         salaries and expenses

       For expenses necessary in carrying out the provisions of 
     the Woodrow Wilson Memorial Act of 1968 (82 Stat. 1356) 
     including hire of passenger vehicles and services as 
     authorized by 5 U.S.C. 3109, $11,005,000, to remain available 
     until September 30, 2013.

           National Foundation on the Arts and the Humanities

                    National Endowment for the Arts

                       grants and administration

       For necessary expenses to carry out the National Foundation 
     on the Arts and the Humanities Act of 1965, $146,255,000 
     shall be available to the National Endowment for the Arts for 
     the support of projects and productions in the arts, 
     including arts education and public outreach activities, 
     through assistance to organizations and individuals pursuant 
     to section 5 of the Act, for program support, and for 
     administering the functions of the Act, to remain available 
     until expended.

                 National Endowment for the Humanities

                       grants and administration

       For necessary expenses to carry out the National Foundation 
     on the Arts and the Humanities Act of 1965, $146,255,000, to 
     remain available until expended, of which $135,500,000 shall 
     be available for support of activities in the humanities, 
     pursuant to section 7(c) of the Act and for administering the 
     functions of the Act; and $10,755,000 shall be available to 
     carry out the matching grants program pursuant to section 
     10(a)(2) of the Act including $8,370,000 for the purposes of 
     section 7(h):  Provided, That appropriations for carrying out 
     section 10(a)(2) shall be available for obligation only in 
     such amounts as may be equal to the total amounts of gifts, 
     bequests, and devises of money, and other property accepted 
     by the chairman or by grantees of the Endowment under the 
     provisions of subsections 11(a)(2)(B) and 11(a)(3)(B) during 
     the current and preceding fiscal years for which equal 
     amounts have not previously been appropriated.

                       Administrative Provisions

       None of the funds appropriated to the National Foundation 
     on the Arts and the Humanities may be used to process any 
     grant or contract documents which do not include the text of 
     18 U.S.C. 1913:  Provided, That none of the funds 
     appropriated to the National Foundation on the Arts and the 
     Humanities may be used for official reception and 
     representation expenses:  Provided further, That funds from 
     nonappropriated sources may be used as necessary for official 
     reception and representation expenses:  Provided further, 
     That the Chairperson of the National Endowment for the Arts 
     may approve grants of up to $10,000, if in the aggregate this 
     amount does not exceed 5 percent of the sums appropriated for 
     grantmaking purposes per year:  Provided further, That such 
     small grant actions are taken pursuant to the terms of an 
     expressed and direct delegation of authority from the 
     National Council on the Arts to the Chairperson.

                        Commission of Fine Arts

                         salaries and expenses

       For expenses of the Commission of Fine Arts under Chapter 
     91 of title 40, United States Code, $2,400,000:  Provided, 
     That the Commission is authorized to charge fees to cover the 
     full costs of its publications, and such fees shall be 
     credited to this account as an offsetting collection, to 
     remain available until expended without further 
     appropriation:  Provided further, That the Commission is 
     authorized to accept gifts, including objects, papers, 
     artwork, drawings and artifacts, that pertain to the history 
     and design of the Nation's Capital or the history and 
     activities of the Commission of Fine Arts, for the purpose of 
     artistic display, study or education.

               National Capital Arts and Cultural Affairs

       For necessary expenses as authorized by Public Law 99-190 
     (20 U.S.C. 956a), as amended, $2,000,000.

                        administrative provision

       The item relating to ``National Capital Arts and Cultural 
     Affairs'' in the Department of the Interior and Related 
     Agencies Appropriations Act, 1986, as enacted into law by 
     section 101(d) of Public Law 99-190 (99 Stat. 1261; 20 U.S.C. 
     956a) is amended--
       (1) by deleting the last sentence in the second paragraph 
     and replacing it with the following: ``Each eligible 
     organization must have its principal place of business in the 
     District of Columbia and in a facility or facilities located 
     in the District of Columbia.''; and
       (2) In the third paragraph, by deleting ``in addition to 
     those herein named'' at the end of the sentence.

               Advisory Council on Historic Preservation

                         salaries and expenses

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

                  National Capital Planning Commission

                         salaries and expenses

       For necessary expenses of the National Capital Planning 
     Commission under chapter 87 of title 40, United States Code, 
     including services as authorized by 5 U.S.C. 3109, 
     $8,154,000:  Provided, That one-quarter of 1 percent of the 
     funds provided under this heading may be used for official 
     reception and representational expenses associated with 
     hosting international visitors engaged in the planning and 
     physical development of world capitals.

                United States Holocaust Memorial Museum

                       holocaust memorial museum

       For expenses of the Holocaust Memorial Museum, as 
     authorized by Public Law 106-292 (36 U.S.C. 2301-2310), 
     $50,798,000, of which $515,000 shall remain available until 
     September 30, 2014, for the Museum's equipment replacement 
     program; and of which $1,900,000 for the Museum's repair and 
     rehabilitation program and $1,264,000 for the Museum's 
     outreach initiatives program shall remain available until 
     expended.

                             Presidio Trust

                          presidio trust fund

       For necessary expenses to carry out title I of the Omnibus 
     Parks and Public Lands Management Act of 1996, $12,000,000 
     shall be available to the Presidio Trust, to remain available 
     until expended.

                Dwight D. Eisenhower Memorial Commission

                         salaries and expenses

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

                          capital construction

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

                                TITLE IV

                           GENERAL PROVISIONS

                     (including transfers of funds)

                   limitation on consulting services

       Sec. 401.  The expenditure of any appropriation under this 
     Act for any consulting service through procurement contract, 
     pursuant to 5 U.S.C. 3109, shall be limited to those 
     contracts where such expenditures are a matter of public

[[Page 20360]]

     record and available for public inspection, except where 
     otherwise provided under existing law, or under existing 
     Executive order issued pursuant to existing law.

                      restriction on use of funds

       Sec. 402.  No part of any appropriation contained in this 
     Act shall be available for any activity or the publication or 
     distribution of literature that in any way tends to promote 
     public support or opposition to any legislative proposal on 
     which Congressional action is not complete other than to 
     communicate to Members of Congress as described in 18 U.S.C. 
     1913.

                      obligation of appropriations

       Sec. 403.  No part of any appropriation contained in this 
     Act shall remain available for obligation beyond the current 
     fiscal year unless expressly so provided herein.

           prohibition on use of funds for personal services

       Sec. 404.  None of the funds provided in this Act to any 
     department or agency shall be obligated or expended to 
     provide a personal cook, chauffeur, or other personal 
     servants to any officer or employee of such department or 
     agency except as otherwise provided by law.

                 disclosure of administrative expenses

       Sec. 405.  Estimated overhead charges, deductions, reserves 
     or holdbacks from programs, projects, activities and 
     subactivities to support government-wide, departmental, 
     agency, or bureau administrative functions or headquarters, 
     regional, or central operations shall be presented in annual 
     budget justifications and subject to approval by the 
     Committees on Appropriations of the House of Representatives 
     and the Senate. Changes to such estimates shall be presented 
     to the Committees on Appropriations for approval.

                             giant sequoia

       Sec. 406.  None of the funds in this Act may be used to 
     plan, prepare, or offer for sale timber from trees classified 
     as giant sequoia (Sequoiadendron giganteum) which are located 
     on National Forest System or Bureau of Land Management lands 
     in a manner different than such sales were conducted in 
     fiscal year 2011.

                          mining applications

       Sec. 407. (a) Limitation of Funds.--None of the funds 
     appropriated or otherwise made available pursuant to this Act 
     shall be obligated or expended to accept or process 
     applications for a patent for any mining or mill site claim 
     located under the general mining laws.
       (b) Exceptions.--Subsection (a) shall not apply if the 
     Secretary of the Interior determines that, for the claim 
     concerned (1) a patent application was filed with the 
     Secretary on or before September 30, 1994; and (2) all 
     requirements established under sections 2325 and 2326 of the 
     Revised Statutes (30 U.S.C. 29 and 30) for vein or lode 
     claims, sections 2329, 2330, 2331, and 2333 of the Revised 
     Statutes (30 U.S.C. 35, 36, and 37) for placer claims, and 
     section 2337 of the Revised Statutes (30 U.S.C. 42) for mill 
     site claims, as the case may be, were fully complied with by 
     the applicant by that date.
       (c) Report.--On September 30, 2013, the Secretary of the 
     Interior shall file with the House and Senate Committees on 
     Appropriations and the Committee on Natural Resources of the 
     House and the Committee on Energy and Natural Resources of 
     the Senate a report on actions taken by the Department under 
     the plan submitted pursuant to section 314(c) of the 
     Department of the Interior and Related Agencies 
     Appropriations Act, 1997 (Public Law 104-208).
       (d) Mineral Examinations.--In order to process patent 
     applications in a timely and responsible manner, upon the 
     request of a patent applicant, the Secretary of the Interior 
     shall allow the applicant to fund a qualified third-party 
     contractor to be selected by the Director of the Bureau of 
     Land Management to conduct a mineral examination of the 
     mining claims or mill sites contained in a patent application 
     as set forth in subsection (b). The Bureau of Land Management 
     shall have the sole responsibility to choose and pay the 
     third-party contractor in accordance with the standard 
     procedures employed by the Bureau of Land Management in the 
     retention of third-party contractors.

                         contract support costs

       Sec. 408.  Notwithstanding any other provision of law, 
     amounts appropriated to or otherwise designated in committee 
     reports for the Bureau of Indian Affairs and the Indian 
     Health Service by Public Laws 103-138, 103-332, 104-134, 104-
     208, 105-83, 105-277, 106-113, 106-291, 107-63, 108-7, 108-
     108, 108-447, 109-54, 109-289, division B and Continuing 
     Appropriations Resolution, 2007 (division B of Public Law 
     109-289, as amended by Public Laws 110-5 and 110-28), Public 
     Laws 110-92, 110-116, 110-137, 110-149, 110-161, 110-329, 
     111-6, 111-8, 111-88, and 112-10 for payments for contract 
     support costs associated with self-determination or self-
     governance contracts, grants, compacts, or annual funding 
     agreements with the Bureau of Indian Affairs or the Indian 
     Health Service as funded by such Acts, are the total amounts 
     available for fiscal years 1994 through 2011 for such 
     purposes, except that the Bureau of Indian Affairs, tribes 
     and tribal organizations may use their tribal priority 
     allocations for unmet contract support costs of ongoing 
     contracts, grants, self-governance compacts, or annual 
     funding agreements.

                        forest management plans

       Sec. 409.  The Secretary of Agriculture shall not be 
     considered to be in violation of subparagraph 6(f)(5)(A) of 
     the Forest and Rangeland Renewable Resources Planning Act of 
     1974 (16 U.S.C. 1604(f)(5)(A)) solely because more than 15 
     years have passed without revision of the plan for a unit of 
     the National Forest System. Nothing in this section exempts 
     the Secretary from any other requirement of the Forest and 
     Rangeland Renewable Resources Planning Act (16 U.S.C. 1600 et 
     seq.) or any other law:  Provided, That if the Secretary is 
     not acting expeditiously and in good faith, within the 
     funding available, to revise a plan for a unit of the 
     National Forest System, this section shall be void with 
     respect to such plan and a court of proper jurisdiction may 
     order completion of the plan on an accelerated basis.

                 prohibition within national monuments

       Sec. 410.  No funds provided in this Act may be expended to 
     conduct preleasing, leasing and related activities under 
     either the Mineral Leasing Act (30 U.S.C. 181 et seq.) or the 
     Outer Continental Shelf Lands Act (43 U.S.C. 1331 et seq.) 
     within the boundaries of a National Monument established 
     pursuant to the Act of June 8, 1906 (16 U.S.C. 431 et seq.) 
     as such boundary existed on January 20, 2001, except where 
     such activities are allowed under the Presidential 
     proclamation establishing such monument.


     amendments to the temporary emergency wildfire suppression act

       Sec. 411. The Temporary Emergency Wildfire Suppression Act 
     (42 U.S.C. 1856m et seq.) is amended--
       (1) in the first section (42 U.S.C. 1856m note)--
       (A) by striking ``That this'' and inserting the following:

     ``SECTION 1. SHORT TITLE.

       ``This''; and
       (B) by striking ``Temporary'';
       (2) by striking section 2 (42 U.S.C. 1856m) and inserting 
     the following:

     ``SEC. 2. DEFINITIONS.

       ``In this Act:
       ``(1) Assume any and all liability.--The term `assume any 
     and all liability' means--
       ``(A) the payment of--
       ``(i) any judgment, settlement, fine, penalty, or cost 
     assessment (including prevailing party legal fees) associated 
     with the applicable litigation; and
       ``(ii) any cost incurred in handling the applicable 
     litigation (including legal fees); and
       ``(B) with respect to a Federal firefighter, arranging for, 
     and paying the costs of, representation in the applicable 
     litigation.
       ``(2) Federal firefighter.--The term `Federal firefighter' 
     means an individual furnished by the Secretary of Agriculture 
     or the Secretary of the Interior under an agreement entered 
     into under section 3.
       ``(3) Foreign fire organization.--The term `foreign fire 
     organization' means any foreign governmental, public, or 
     private entity that has wildfire protection resources.
       ``(4) Foreign firefighter.--The term `foreign firefighter' 
     means an individual furnished by a foreign fire organization 
     under an agreement entered into under section 3.
       ``(5) Wildfire.--The term `wildfire' means any forest or 
     range fire.
       ``(6) Wildfire protection resources.--The term `wildfire 
     protection resources' means any personnel, supplies, 
     equipment, or other resources required for wildfire 
     presuppression and suppression activities.'';
       (3) in section 3 (42 U.S.C. 1856n)--
       (A) in subsection (a)--
       (i) by striking ``(a)(1) The Secretary of Agriculture'' and 
     inserting the following:
       ``(a) Exchange of Wildfire Protection Resources Under a 
     Reciprocal Agreement With a Foreign Fire Organization.--
       ``(1) Authority to enter into a reciprocal agreement.--The 
     Secretary of Agriculture''; and
       (ii) in paragraph (2), by striking ``(2) Any agreement'' 
     and inserting the following:
       ``(2) Requirements for a reciprocal agreement.--Any 
     agreement'';
       (B) in subsection (b)--
       (i) by striking ``(b) In the absence'' and inserting the 
     following:
       ``(b) Exchange of Wildfire Protection Resources Without a 
     Reciprocal Agreement.--In the absence''; and
       (ii) in paragraph (1), by striking ``United States, and'' 
     and inserting ``United States; and'';
       (C) in subsection (c), by striking ``(c) Notwithstanding'' 
     and inserting the following:
       ``(c) Reimbursement Under Agreements With Canada.--
     Notwithstanding''; and
       (D) in subsection (d)--
       (i) by striking, ``(d) Any service'' and inserting the 
     following:
       ``(d) Service Performed Under This Act by Federal 
     Employees.--
       ``(1) In general.--Any service''; and
       (ii) in the second sentence, by striking ``The'' and 
     inserting the following:
       ``(2) Effect.--Except as provided in section 4, the'';
       (4) by redesignating section 4 (42 U.S.C. 1856o) as section 
     5;
       (5) by inserting after section 3 the following:

     ``SEC. 4. RECIPROCAL AGREEMENTS WITH LIABILITY COVERAGE.

       ``(a) Protection From Liability for Foreign Firefighters 
     and Foreign Fire Organizations.--Subject to subsection (b), 
     in an agreement with a foreign fire organization entered into 
     under section 3, the Secretary of Agriculture and the 
     Secretary of the Interior may provide that--
       ``(1) a foreign firefighter shall be considered to be an 
     employee of the United States for purposes of tort liability 
     while the foreign firefighter is

[[Page 20361]]

     acting within the scope of an official duty under the 
     agreement; and
       ``(2) any claim against the foreign fire organization or 
     any legal organization associated with the foreign 
     firefighter that arises out of an act or omission of the 
     foreign firefighter in the performance of an official duty 
     under the agreement, or that arises out of any other act, 
     omission, or occurrence for which the foreign fire 
     organization or legal organization associated with the 
     foreign firefighter is legally responsible under applicable 
     law, may be prosecuted only--
       ``(A) against the United States; and
       ``(B) as if the act or omission were the act or omission of 
     an employee of the United States.
       ``(b) Protection From Liability for Federal Firefighters 
     and the Federal Government.--The Secretary of Agriculture and 
     the Secretary of the Interior may provide the protections 
     under subsection (a) if the foreign fire organization 
     agrees--
       ``(1) to assume any and all liability for any legal action 
     brought against the Federal firefighter for an act or 
     omission of the Federal firefighter while acting within the 
     scope of an official duty under the agreement; and
       ``(2) to the extent the United States or any legal 
     organization associated with the Federal firefighter is not 
     entitled to immunity from the jurisdiction of the courts 
     having jurisdiction over the foreign fire organization 
     receiving the services of the Federal firefighters, to assume 
     any and all liability for any legal action brought against 
     the United States or the legal organization arising out of--
       ``(A) an act or omission of the Federal firefighter in the 
     performance of an official duty under the agreement; or
       ``(B) any other act, omission, or occurrence for which the 
     United States or the legal organization associated with the 
     Federal firefighter is legally responsible under the laws 
     applicable to the foreign fire organization.''; and
       (6) in section 5 (as redesignated by paragraph (4))--
       (A) by striking ``under section 3(c)'' and inserting 
     ``under this Act''; and
       (B) in the proviso--
       (i) by striking ``wildfire protection resources or 
     personnel'' each place it appears and inserting ``wildfire 
     protection resources (including personnel)'';
       (ii) by inserting ``for wildfire suppression activities'' 
     before ``unless''; and
       (iii) by striking ``provide wildfire protection'' and 
     inserting ``provide wildfire suppression''.

                        contracting authorities

       Sec. 412.  In awarding a Federal contract with funds made 
     available by this Act, notwithstanding Federal Government 
     procurement and contracting laws, the Secretary of 
     Agriculture and the Secretary of the Interior (the 
     ``Secretaries'') may, in evaluating bids and proposals, 
     through fiscal year 2013, give consideration to local 
     contractors who are from, and who provide employment and 
     training for, dislocated and displaced workers in an 
     economically disadvantaged rural community, including those 
     historically timber-dependent areas that have been affected 
     by reduced timber harvesting on Federal lands and other 
     forest-dependent rural communities isolated from significant 
     alternative employment opportunities:  Provided, That 
     notwithstanding Federal Government procurement and 
     contracting laws the Secretaries may award contracts, grants 
     or cooperative agreements to local non-profit entities, Youth 
     Conservation Corps or related partnerships with State, local 
     or non-profit youth groups, or small or micro-business or 
     disadvantaged business:  Provided further, That the contract, 
     grant, or cooperative agreement is for forest hazardous fuels 
     reduction, watershed or water quality monitoring or 
     restoration, wildlife or fish population monitoring, road 
     decommissioning, trail maintenance or improvement, or habitat 
     restoration or management:  Provided further, That the terms 
     ``rural community'' and ``economically disadvantaged'' shall 
     have the same meanings as in section 2374 of Public Law 101-
     624 (16 U.S.C. 6612):  Provided further, That the Secretaries 
     shall develop guidance to implement this section:  Provided 
     further, That nothing in this section shall be construed as 
     relieving the Secretaries of any duty under applicable 
     procurement laws, except as provided in this section.

                         limitation on takings

       Sec. 413.  Unless otherwise provided herein, no funds 
     appropriated in this Act for the acquisition of lands or 
     interests in lands may be expended for the filing of 
     declarations of taking or complaints in condemnation without 
     the approval of the House and Senate Committees on 
     Appropriations:  Provided, That this provision shall not 
     apply to funds appropriated to implement the Everglades 
     National Park Protection and Expansion Act of 1989, or to 
     funds appropriated for Federal assistance to the State of 
     Florida to acquire lands for Everglades restoration purposes.

                        timber sale requirements

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

                      extension of grazing permits

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

                    prohibition on no-bid contracts

       Sec. 416.  None of the funds appropriated or otherwise made 
     available by this Act to executive branch agencies may be 
     used to enter into any Federal contract unless such contract 
     is entered into in accordance with the requirements of 
     Chapter 33 of title 41, United States Code, or Chapter 137 of 
     title 10, United States Code, and the Federal Acquisition 
     Regulation, unless--
       (1) Federal law specifically authorizes a contract to be 
     entered into without regard for these requirements, including 
     formula grants for States, or federally recognized Indian 
     tribes; or
       (2) such contract is authorized by the Indian Self-
     Determination and Education and Assistance Act (Public Law 
     93-638, 25 U.S.C. 450 et seq., as amended) or by any other 
     Federal laws that specifically authorize a contract within an 
     Indian tribe as defined in section 4(e) of that Act (25 
     U.S.C. 450b(e)); or
       (3) such contract was awarded prior to the date of 
     enactment of this Act.

                           posting of reports

       Sec. 417. (a) Any agency receiving funds made available in 
     this Act, shall, subject to subsections (b) and (c), post on 
     the public website of that agency any report required to be 
     submitted by the Congress in this or any other Act, upon the 
     determination by the head of the agency that it shall serve 
     the national interest.
       (b) Subsection (a) shall not apply to a report if--
       (1) the public posting of the report compromises national 
     security; or
       (2) the report contains proprietary information.
       (c) The head of the agency posting such report shall do so 
     only after such report has been made available to the 
     requesting Committee or Committees of Congress for no less 
     than 45 days.

            national endowment for the arts grant guidelines

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

           national endowment for the arts program priorities

       Sec. 419. (a) In providing services or awarding financial 
     assistance under the National Foundation on the Arts and the 
     Humanities Act of 1965 from funds appropriated under this 
     Act, the Chairperson of the National Endowment for the Arts 
     shall ensure that priority is given to providing services or 
     awarding financial assistance for projects, productions, 
     workshops, or programs that serve underserved populations.
       (b) In this section:
       (1) The term ``underserved population'' means a population 
     of individuals, including urban minorities, who have 
     historically been outside the purview of arts and humanities 
     programs due to factors such as a high incidence of income 
     below the poverty line or to geographic isolation.
       (2) The term ``poverty line'' means the poverty line (as 
     defined by the Office of Management and Budget, and revised 
     annually in accordance with section 673(2) of the Community 
     Services Block Grant Act (42 U.S.C. 9902(2))) applicable to a 
     family of the size involved.
       (c) In providing services and awarding financial assistance 
     under the National Foundation on the Arts and Humanities Act 
     of 1965 with funds appropriated by this Act, the Chairperson 
     of the National Endowment for the Arts shall ensure that 
     priority is given to providing services or awarding financial 
     assistance for projects, productions, workshops, or programs 
     that will encourage public knowledge, education, 
     understanding, and appreciation of the arts.
       (d) With funds appropriated by this Act to carry out 
     section 5 of the National Foundation on the Arts and 
     Humanities Act of 1965--
       (1) the Chairperson shall establish a grant category for 
     projects, productions, workshops, or programs that are of 
     national impact or availability or are able to tour several 
     States;

[[Page 20362]]

       (2) the Chairperson shall not make grants exceeding 15 
     percent, in the aggregate, of such funds to any single State, 
     excluding grants made under the authority of paragraph (1);
       (3) the Chairperson shall report to the Congress annually 
     and by State, on grants awarded by the Chairperson in each 
     grant category under section 5 of such Act; and
       (4) the Chairperson shall encourage the use of grants to 
     improve and support community-based music performance and 
     education.

                     use of competitive grant funds

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

          forest service facility realignment and enhancement

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

                             service first

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

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

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

                  status of balances of appropriations

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

                 report on use of climate change funds

       Sec. 425.  Not later than 120 days after the date on which 
     the President's fiscal year 2013 budget request is submitted 
     to Congress, the President shall submit a comprehensive 
     report to the Committee on Appropriations of the House of 
     Representatives and the Committee on Appropriations of the 
     Senate describing in detail all Federal agency funding, 
     domestic and international, for climate change programs, 
     projects and activities in fiscal year 2011, including an 
     accounting of funding by agency with each agency identifying 
     climate change programs, projects and activities and 
     associated costs by line item as presented in the President's 
     Budget Appendix, and including citations and linkages where 
     practicable to each strategic plan that is driving funding 
     within each climate change program, project and activity 
     listed in the report.

                      prohibition on use of funds

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

                 greenhouse gas reporting restrictions

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

            forest service pre-decisional objection process

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

                        silvicultural activities

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

                    claim maintenance fee amendments

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

                       domestic livestock grazing

       Sec. 431. (a) Prohibition Regarding Potential Domestic 
     Sheep and Bighorn Sheep Contact on National Forest System 
     Land.--Notwithstanding any other provision of law or 
     regulation (other than the Endangered Species Act of 1973 and 
     regulations issued under such Act), none of the funds made 
     available by this Act or made available by any other Act for 
     fiscal year 2012 only may be used to carry out--
       (1) any new management restrictions on domestic sheep on 
     parcels of National Forest System land (as defined in the 
     Forest and Rangeland Renewable Resources Planning Act of 1974 
     (16 U.S.C. 1609(a))) with potential domestic sheep and 
     bighorn sheep (whether native or nonnative) contact in excess 
     of the management restrictions that existed on July 1, 2011; 
     or
       (2) any other agency regulation for managing bighorn sheep 
     populations on any allotment of such National Forest System 
     land if the management action will result in a reduction in 
     the number of domestic livestock permitted to graze on the 
     allotment or in the distribution of livestock on the 
     allotment.
       (b) Exception.--Notwithstanding subsection (a), the 
     Secretary of Agriculture may make such management changes as 
     the Secretary determines to be necessary to manage bighorn 
     sheep if the management changes--
       (1) are consistent with the wildlife plans of the relevant 
     State fish and game agency and determined in consultation 
     with that agency; and
       (2) are developed in consultation with the affected 
     permittees.
       (c) Bureau of Land Management Lands.--In circumstances 
     involving conflicts between bighorn sheep and domestic sheep 
     grazing on public lands (as defined in section 103 of the 
     Federal Land Policy and Management Act of 1976 (43 U.S.C. 
     1702)), the Bureau of Land Management may only modify or 
     cancel domestic sheep grazing permits after consulting with 
     the appropriate State fish and game agency. However, if the 
     State in question has an approved State Wildlife Management 
     Plan that addresses, with specificity, bighorn sheep 
     management, then the Bureau of Land Management modification 
     or cancellation of permits in that State shall conform to the 
     bighorn sheep management objectives in the State Wildlife 
     Management Plan, unless conformance would be inconsistent 
     with Federal statute or regulation. The Bureau of Land 
     Management shall be bound by the requirements of this 
     subsection until September 30, 2012.
       (d) Voluntary Closure of Allotments.--Nothing in this 
     section shall be construed as limiting the voluntary closure 
     of existing domestic sheep allotments when the closure is 
     agreed to in writing between the permittee and the Secretary 
     of the Interior or the Secretary of Agriculture and is 
     carried out for the purpose of reducing conflicts between 
     domestic sheep and bighorn sheep.
       (e) Waiver of Grazing Permits and Leases.--The Secretary of 
     the Interior and the Secretary of Agriculture may accept the 
     voluntary waiver of any valid existing lease or permit 
     authorizing grazing on National Forest System land described 
     in subsection (a) or public lands described in subsection 
     (c). If the grazing permit or lease for a grazing allotment 
     is only partially within the area of potential domestic sheep 
     and bighorn sheep contact, the affected permittee may elect 
     to waive only the portion of

[[Page 20363]]

     the grazing permit or lease that is within that area. The 
     Secretary concerned shall--
       (1) terminate each permit or lease waived or portion of a 
     permit or lease waived under this subsection;
       (2) ensure a permanent end to domestic sheep grazing on the 
     land covered by the waived permit or lease or waived portion 
     of the permit or lease unless or until there is no conflict 
     with bighorn sheep management; and
       (3) provide for the reimbursement of range improvements in 
     compliance with section 4 of the Act of June 28, 1934 
     (commonly known as the Taylor Grazing Act; 43 U.S.C. 315c).

         air emissions from outer continental shelf activities

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

                           funding prohibition

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

             limitation with respect to delinquent tax debts

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


                 alaska native regional health entities

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

                           general reduction

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

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

                                TITLE I

                          DEPARTMENT OF LABOR

                 Employment and Training Administration

                    training and employment services

                     (including transfer of funds)

       For necessary expenses of the Workforce Investment Act of 
     1998 (referred to in this Act as ``WIA''), the Second Chance 
     Act of 2007, and the Women in Apprenticeship and Non-
     Traditional Occupations Act of 1992 (``WANTO''), including 
     the purchase and hire of passenger motor vehicles, the 
     construction, alteration, and repair of buildings and other 
     facilities, and the purchase of real property for training 
     centers as authorized by the WIA, $3,195,383,000, plus 
     reimbursements, shall be available. Of the amounts provided:
       (1) for grants to States for adult employment and training 
     activities, youth activities, and dislocated worker 
     employment and training activities, $2,605,268,000 as 
     follows:
       (A) $770,922,000 for adult employment and training 
     activities, of which $58,922,000 shall be available for the 
     period July 1, 2012, through June 30, 2013, and of which 
     $712,000,000 shall be available for the period October 1, 
     2012 through June 30, 2013;
       (B) $825,914,000 for youth activities, which shall be 
     available for the period April 1, 2012 through June 30, 2013; 
     and
       (C) $1,008,432,000 for dislocated worker employment and 
     training activities, of which $148,432,000 shall be available 
     for the period July 1, 2012 through June 30, 2013, and of 
     which $860,000,000 shall be available for the period October 
     1, 2012 through June 30, 2013:

       Provided, That notwithstanding the transfer limitation 
     under section 133(b)(4) of the WIA, up to 30 percent of such 
     funds may be transferred by a local board if approved by the 
     Governor:  Provided further, That a local board may award a 
     contract to an institution of higher education or other 
     eligible training provider if the local board determines that 
     it would facilitate the training of multiple individuals in 
     high-demand occupations, if such contract does not limit 
     customer choice:  Provided further, That notwithstanding 
     section 128(a)(1) of the WIA, the amount available to the 
     Governor for statewide workforce investment activities shall 
     not exceed 5 percent of the amount allotted to the State from 
     each of the appropriations under the preceding subparagraphs;
       (2) for federally administered programs, $487,053,000 as 
     follows:
       (A) $224,112,000 for the dislocated workers assistance 
     national reserve, of which $24,112,000 shall be available for 
     the period July 1, 2012 through June 30, 2013, and of which 
     $200,000,000 shall be available for the period October 1, 
     2012 through June 30, 2013:  Provided, That funds provided to 
     carry out section 132(a)(2)(A) of the WIA may be used to 
     provide assistance to a State for statewide or local use in 
     order to address cases where there have been worker 
     dislocations across multiple sectors or across multiple local 
     areas and such workers remain dislocated; coordinate the 
     State workforce development plan with emerging economic 
     development needs; and train such eligible dislocated 
     workers:  Provided further, That funds provided to carry out 
     section 171(d) of the WIA may be used

[[Page 20364]]

     for demonstration projects that provide assistance to new 
     entrants in the workforce and incumbent workers:  Provided 
     further, That none of the funds shall be obligated to carry 
     out section 173(e) of the WIA;
       (B) $47,652,000 for Native American programs, which shall 
     be available for the period July 1, 2012 through June 30, 
     2013;
       (C) $84,451,000 for migrant and seasonal farmworker 
     programs under section 167 of the WIA, including $78,253,000 
     for formula grants (of which not less than 70 percent shall 
     be for employment and training services), $5,689,000 for 
     migrant and seasonal housing (of which not less than 70 
     percent shall be for permanent housing), and $509,000 for 
     other discretionary purposes, which shall be available for 
     the period July 1, 2012 through June 30, 2013:  Provided, 
     That notwithstanding any other provision of law or related 
     regulation, the Department of Labor shall take no action 
     limiting the number or proportion of eligible participants 
     receiving related assistance services or discouraging 
     grantees from providing such services;
       (D) $998,000 for carrying out the WANTO, which shall be 
     available for the period July 1, 2012 through June 30, 2013; 
     and
       (E) $79,840,000 for YouthBuild activities as described in 
     section 173A of the WIA, which shall be available for the 
     period April 1, 2012 through June 30, 2013; and
       (F) $50,000,000 to be available to the Secretary of Labor 
     (referred to in this title as ``Secretary'') for the 
     Workforce Innovation Fund to carry out projects that 
     demonstrate innovative strategies or replicate effective 
     evidence-based strategies that align and strengthen the 
     workforce investment system in order to improve program 
     delivery and education and employment outcomes for 
     beneficiaries, which shall be for the period July 1, 2012 
     through September 30, 2013:  Provided, That amounts shall be 
     available for awards to States or State agencies that are 
     eligible for assistance under any program authorized under 
     the WIA, consortia of States, or partnerships, including 
     regional partnerships:  Provided further, That not more than 
     5 percent of the funds available for workforce innovation 
     activities shall be for technical assistance and evaluations 
     related to the projects carried out with these funds;
       (3) for national activities, $103,062,000, as follows:
       (A) $6,616,000, in addition to any amounts available under 
     paragraph (2), for Pilots, Demonstrations, and Research, 
     which shall be available for the period April 1, 2012 through 
     June 30, 2013:  Provided, That funds made available by Public 
     Law 112-10 that were designated for grants to address the 
     employment and training needs of young parents may be used 
     for other pilots, demonstrations, and research activities and 
     for implementation activities related to the VOW to Hire 
     Heroes Act of 2011 and may be transferred to ``State 
     Unemployment Insurance and Employment Service Operations'' to 
     carry out such implementation activities;
       (B) $80,390,000 for ex-offender activities, under the 
     authority of section 171 of the WIA and section 212 of the 
     Second Chance Act of 2007, which shall be available for the 
     period April 1, 2012 through June 30, 2013, notwithstanding 
     the requirements of section 171(b)(2)(B) or 171(c)(4)(D) of 
     the WIA:  Provided, That of this amount, $20,000,000 shall be 
     for competitive grants to national and regional 
     intermediaries for activities that prepare young ex-offenders 
     and school dropouts for employment, with a priority for 
     projects serving high-crime, high-poverty areas;
       (C) $9,581,000 for Evaluation, which shall be available for 
     the period July 1, 2012 through June 30, 2013; and
       (D) $6,475,000 for the Workforce Data Quality Initiative, 
     under the authority of section 171(c)(2) of the WIA, which 
     shall be available for the period July 1, 2012 through June 
     30, 2013, and which shall not be subject to the requirements 
     of section 171(c)(4)(D).

                          office of job corps

       To carry out subtitle C of title I of the WIA, including 
     Federal administrative expenses, the purchase and hire of 
     passenger motor vehicles, the construction, alteration, and 
     repairs of buildings and other facilities, and the purchase 
     of real property for training centers as authorized by the 
     WIA, $1,706,171,000, plus reimbursements, as follows:
       (1) $1,572,049,000 for Job Corps Operations, which shall be 
     available for the period July 1, 2012 through June 30, 2013;
       (2) $104,990,000 for construction, rehabilitation and 
     acquisition of Job Corps Centers, which shall be available 
     for the period July 1, 2012 through June 30, 2015:  Provided, 
     That the Secretary may transfer up to 15 percent of such 
     funds to meet the operational needs of such centers or to 
     achieve administrative efficiencies:  Provided further, That 
     any funds transferred pursuant to the preceding proviso shall 
     not be available for obligation after June 30, 2013; and
       (3) $29,132,000 for necessary expenses of the Office of Job 
     Corps, which shall be available for obligation for the period 
     October 1, 2011 through September 30, 2012:

        Provided further, That no funds from any other 
     appropriation shall be used to provide meal services at or 
     for Job Corps centers.

            community service employment for older americans

       To carry out title V of the Older Americans Act of 1965 
     (referred to in this Act as ``OAA''), $449,100,000, which 
     shall be available for the period July 1, 2012 through June 
     30, 2013, and may be recaptured and reobligated in accordance 
     with section 517(c) of the OAA.

              federal unemployment benefits and allowances

       For payments during fiscal year 2012 of trade adjustment 
     benefit payments and allowances under part I of subchapter B 
     of chapter 2 of title II of the Trade Act of 1974, and 
     section 246 of that Act; and for training, employment and 
     case management services, allowances for job search and 
     relocation, and related State administrative expenses under 
     part II of subchapter B of chapter 2 of title II of the Trade 
     Act of 1974, including benefit payments, allowances, 
     training, employment and case management services, and 
     related State administration provided pursuant to section 
     231(a) of the Trade Adjustment Assistance Extension Act of 
     2011, $1,100,100,000, together with such amounts as may be 
     necessary to be charged to the subsequent appropriation for 
     payments for any period subsequent to September 15, 2012.

     state unemployment insurance and employment service operations

       For authorized administrative expenses, $86,231,000, 
     together with not to exceed $3,958,441,000 which may be 
     expended from the Employment Security Administration Account 
     in the Unemployment Trust Fund (``the Trust Fund''), of 
     which:
       (1) $3,181,154,000 from the Trust Fund is for grants to 
     States for the administration of State unemployment insurance 
     laws as authorized under title III of the Social Security Act 
     (including not less than $10,000,000 to conduct in-person 
     reemployment and eligibility assessments and unemployment 
     insurance improper payment reviews), the administration of 
     unemployment insurance for Federal employees and for ex-
     service members as authorized under 5 U.S.C. 8501-8523, and 
     the administration of trade readjustment allowances, 
     reemployment trade adjustment assistance, and alternative 
     trade adjustment assistance under the Trade Act of 1974 and 
     under section 231(a) of the Trade Adjustment Assistance 
     Extension Act of 2011, and shall be available for obligation 
     by the States through December 31, 2012, except that funds 
     used for automation acquisitions or competitive grants 
     awarded to States for improved operations, or reemployment 
     and eligibility assessments and improper payments shall be 
     available for obligation by the States through September 30, 
     2014, and funds used for unemployment insurance workloads 
     experienced by the States through September 30, 2012 shall be 
     available for Federal obligation through December 31, 2012;
       (2) $11,287,000 from the Trust Fund is for national 
     activities necessary to support the administration of the 
     Federal-State unemployment insurance system;
       (3) $679,531,000 from the Trust Fund, together with 
     $22,638,000 from the General Fund of the Treasury, is for 
     grants to States in accordance with section 6 of the Wagner-
     Peyser Act, and shall be available for Federal obligation for 
     the period July 1, 2012 through June 30, 2013;
       (4) $20,952,000 from the Trust Fund is for national 
     activities of the Employment Service, including 
     administration of the work opportunity tax credit under 
     section 51 of the Internal Revenue Code of 1986, and the 
     provision of technical assistance and staff training under 
     the Wagner-Peyser Act, including not to exceed $1,228,000 
     that may be used for amortization payments to States which 
     had independent retirement plans in their State employment 
     service agencies prior to 1980;
       (5) $65,517,000 from the Trust Fund is for the 
     administration of foreign labor certifications and related 
     activities under the Immigration and Nationality Act and 
     related laws, of which $50,418,000 shall be available for the 
     Federal administration of such activities, and $15,099,000 
     shall be available for grants to States for the 
     administration of such activities; and
       (6) $63,593,000 from the General Fund is to provide 
     workforce information, national electronic tools, and one-
     stop system building under the Wagner-Peyser Act and section 
     171 (e)(2)(C) of the WIA and shall be available for Federal 
     obligation for the period July 1, 2012 through June 30, 2013:

       Provided, That to the extent that the Average Weekly 
     Insured Unemployment (``AWIU'') for fiscal year 2012 is 
     projected by the Department of Labor to exceed 4,832,000, an 
     additional $28,600,000 from the Trust Fund shall be available 
     for obligation for every 100,000 increase in the AWIU level 
     (including a pro rata amount for any increment less than 
     100,000) to carry out title III of the Social Security Act:  
     Provided further, That funds appropriated in this Act that 
     are allotted to a State to carry out activities under title 
     III of the Social Security Act may be used by such State to 
     assist other States in carrying out activities under such 
     title III if the other States include areas that have 
     suffered a major disaster declared by the President under the 
     Robert T. Stafford Disaster Relief and Emergency Assistance 
     Act:  Provided further, That the Secretary may use funds 
     appropriated for grants to States under title III of the 
     Social Security Act to make payments on behalf of States for 
     the use of the National Directory of New Hires under section 
     453(j)(8) of such Act:  Provided further, That funds 
     appropriated in this Act which are used to establish a 
     national one-stop career center system, or which are used to 
     support the national activities of the Federal-State 
     unemployment insurance or immigration programs, may be 
     obligated in contracts, grants, or agreements with non-State 
     entities:  Provided further, That funds appropriated under 
     this Act for activities authorized under title III of the 
     Social Security Act and the Wagner-Peyser Act may be used by 
     States to fund integrated Unemployment Insurance and 
     Employment Service

[[Page 20365]]

     automation efforts, notwithstanding cost allocation 
     principles prescribed under the Office of Management and 
     Budget Circular A-87:  Provided further, That the Secretary, 
     at the request of a State participating in a consortium with 
     other States, may reallot funds allotted to such State under 
     title III of the Social Security Act to other States 
     participating in the consortium in order to carry out 
     activities that benefit the administration of the 
     unemployment compensation law of the State making the 
     request.
        In addition, $50,000,000 from the Employment Security 
     Administration Account of the Unemployment Trust Fund shall 
     be available to conduct in-person reemployment and 
     eligibility assessments and unemployment insurance improper 
     payment reviews.

        advances to the unemployment trust fund and other funds

       For repayable advances to the Unemployment Trust Fund as 
     authorized by sections 905(d) and 1203 of the Social Security 
     Act, and to the Black Lung Disability Trust Fund as 
     authorized by section 9501(c)(1) of the Internal Revenue Code 
     of 1986; and for nonrepayable advances to the Unemployment 
     Trust Fund as authorized by 5 U.S.C. 8509, and to the 
     ``Federal Unemployment Benefits and Allowances'' account, 
     such sums as may be necessary, which shall be available for 
     obligation through September 30, 2013.

                         program administration

       For expenses of administering employment and training 
     programs, $97,320,000, together with not to exceed 
     $50,040,000 which may be expended from the Employment 
     Security Administration Account in the Unemployment Trust 
     Fund.

               Employee Benefits Security Administration

                         salaries and expenses

       For necessary expenses for the Employee Benefits Security 
     Administration, $183,500,000.

                  Pension Benefit Guaranty Corporation

               pension benefit guaranty corporation fund

       The Pension Benefit Guaranty Corporation (``Corporation'') 
     is authorized to make such expenditures, including financial 
     assistance authorized by subtitle E of title IV of the 
     Employee Retirement Income Security Act of 1974, within 
     limits of funds and borrowing authority available to the 
     Corporation, and in accord with law, and to make such 
     contracts and commitments without regard to fiscal year 
     limitations, as provided by 31 U.S.C. 9104, as may be 
     necessary in carrying out the program, including associated 
     administrative expenses, through September 30, 2012, for the 
     Corporation:  Provided, That none of the funds available to 
     the Corporation for fiscal year 2012 shall be available for 
     obligations for administrative expenses in excess of 
     $476,901,000:  Provided further, That to the extent that the 
     number of new plan participants in plans terminated by the 
     Corporation exceeds 100,000 in fiscal year 2012, an amount 
     not to exceed an additional $9,200,000 shall be available 
     through September 30, 2013, for obligation for administrative 
     expenses for every 20,000 additional terminated participants: 
      Provided further, That an additional $50,000 shall be made 
     available through September 30, 2013, for obligation for 
     investment management fees for every $25,000,000 in assets 
     received by the Corporation as a result of new plan 
     terminations or asset growth, after approval by the Office of 
     Management and Budget and notification of the Committees on 
     Appropriations of the House of Representatives and the 
     Senate:  Provided further, That obligations in excess of the 
     amounts provided in this paragraph may be incurred for 
     unforeseen and extraordinary pretermination expenses or 
     extraordinary multiemployer program related expenses after 
     approval by the Office of Management and Budget and 
     notification of the Committees on Appropriations of the House 
     of Representatives and the Senate.

                         Wage and Hour Division

                         salaries and expenses

       For necessary expenses for the Wage and Hour Division, 
     including reimbursement to State, Federal, and local agencies 
     and their employees for inspection services rendered, 
     $227,491,000.

                  Office of Labor Management Standards

                         salaries and expenses

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

             Office of Federal Contract Compliance Programs

                         salaries and expenses

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

                Office of Workers' Compensation Programs

                         salaries and expenses

       For necessary expenses for the Office of Workers' 
     Compensation Programs, $115,939,000, together with $2,124,000 
     which may be expended from the Special Fund in accordance 
     with sections 39(c), 44(d), and 44(j) of the Longshore and 
     Harbor Worker's Compensation Act.

                            special benefits

                     (including transfer of funds)

       For the payment of compensation, benefits, and expenses 
     (except administrative expenses) accruing during the current 
     or any prior fiscal year authorized by 5 U.S.C. 81; 
     continuation of benefits as provided for under the heading 
     ``Civilian War Benefits'' in the Federal Security Agency 
     Appropriation Act, 1947; the Employees' Compensation 
     Commission Appropriation Act, 1944; sections 4(c) and 5(f) of 
     the War Claims Act of 1948; and 50 percent of the additional 
     compensation and benefits required by section 10(h) of the 
     Longshore and Harbor Workers' Compensation Act, $350,000,000, 
     together with such amounts as may be necessary to be charged 
     to the subsequent year appropriation for the payment of 
     compensation and other benefits for any period subsequent to 
     August 15 of the current year:  Provided, That amounts 
     appropriated may be used under 5 U.S.C. 8104 by the Secretary 
     to reimburse an employer, who is not the employer at the time 
     of injury, for portions of the salary of a re-employed, 
     disabled beneficiary:  Provided further, That balances of 
     reimbursements unobligated on September 30, 2011, shall 
     remain available until expended for the payment of 
     compensation, benefits, and expenses:  Provided further, That 
     in addition there shall be transferred to this appropriation 
     from the Postal Service and from any other corporation or 
     instrumentality required under 5 U.S.C. 8147(c) to pay an 
     amount for its fair share of the cost of administration, such 
     sums as the Secretary determines to be the cost of 
     administration for employees of such fair share entities 
     through September 30, 2012:  Provided further, That of those 
     funds transferred to this account from the fair share 
     entities to pay the cost of administration of the Federal 
     Employees' Compensation Act, $59,488,000 shall be made 
     available to the Secretary as follows:
       (1) For enhancement and maintenance of automated data 
     processing systems and telecommunications systems, 
     $17,253,000;
       (2) For automated workload processing operations, including 
     document imaging, centralized mail intake, and medical bill 
     processing, $26,769,000;
       (3) For periodic roll management and medical review, 
     $15,466,000; and
       (4) The remaining funds shall be paid into the Treasury as 
     miscellaneous receipts:
       Provided further, That the Secretary may require that any 
     person filing a notice of injury or a claim for benefits 
     under 5 U.S.C. 81, or the Longshore and Harbor Workers' 
     Compensation Act, provide as part of such notice and claim, 
     such identifying information (including Social Security 
     account number) as such regulations may prescribe.

               special benefits for disabled coal miners

       For carrying out title IV of the Federal Mine Safety and 
     Health Act of 1977, as amended by Public Law 107-275, 
     $141,227,000, to remain available until expended.
       For making after July 31 of the current fiscal year, 
     benefit payments to individuals under title IV of such Act, 
     for costs incurred in the current fiscal year, such amounts 
     as may be necessary.
       For making benefit payments under title IV for the first 
     quarter of fiscal year 2013, $40,000,000, to remain available 
     until expended.

    administrative expenses, energy employees occupational illness 
                           compensation fund

       For necessary expenses to administer the Energy Employees 
     Occupational Illness Compensation Program Act, $52,147,000, 
     to remain available until expended:  Provided, That the 
     Secretary may require that any person filing a claim for 
     benefits under the Act provide as part of such claim such 
     identifying information (including Social Security account 
     number) as may be prescribed.

                    black lung disability trust fund

                     (including transfer of funds)

       Such sums as may be necessary from the Black Lung 
     Disability Trust Fund (``Fund''), to remain available until 
     expended, for payment of all benefits authorized by section 
     9501(d)(1), (2), (6), and (7) of the Internal Revenue Code of 
     1986; and repayment of, and payment of interest on advances, 
     as authorized by section 9501(d)(4) of that Act. In addition, 
     the following amounts may be expended from the Fund for 
     fiscal year 2012 for expenses of operation and administration 
     of the Black Lung Benefits program, as authorized by section 
     9501(d)(5): not to exceed $32,906,000 for transfer to the 
     Office of Workers' Compensation Programs, ``Salaries and 
     Expenses''; not to exceed $25,217,000 for transfer to 
     Departmental Management, ``Salaries and Expenses''; not to 
     exceed $327,000 for transfer to Departmental Management, 
     ``Office of Inspector General''; and not to exceed $356,000 
     for payments into miscellaneous receipts for the expenses of 
     the Department of the Treasury.

             Occupational Safety and Health Administration

                         salaries and expenses

       For necessary expenses for the Occupational Safety and 
     Health Administration, $565,857,000, including not to exceed 
     $104,393,000 which shall be the maximum amount available for 
     grants to States under section 23(g) of the Occupational 
     Safety and Health Act (``Act''), which grants shall be no 
     less than 50 percent of the costs of State occupational 
     safety and health programs required to be incurred under 
     plans approved by the Secretary under section 18 of the Act; 
     and, in addition, notwithstanding 31 U.S.C. 3302, the 
     Occupational Safety and Health Administration may retain up 
     to $200,000 per fiscal year of training institute course 
     tuition fees, otherwise authorized by law to be collected, 
     and may utilize such sums for occupational safety and health 
     training and education:  Provided, That notwithstanding 31 
     U.S.C. 3302, the Secretary is authorized, during the fiscal 
     year ending September 30, 2012, to collect and retain fees 
     for services provided to Nationally Recognized Testing 
     Laboratories, and may utilize such sums, in accordance with 
     the provisions of 29 U.S.C. 9a, to administer national and 
     international laboratory recognition programs that ensure the 
     safety of equipment and products used by workers in the 
     workplace:  Provided further, That none of

[[Page 20366]]

     the funds appropriated under this paragraph shall be 
     obligated or expended to prescribe, issue, administer, or 
     enforce any standard, rule, regulation, or order under the 
     Act which is applicable to any person who is engaged in a 
     farming operation which does not maintain a temporary labor 
     camp and employs 10 or fewer employees:  Provided further, 
     That no funds appropriated under this paragraph shall be 
     obligated or expended to administer or enforce any standard, 
     rule, regulation, or order under the Act with respect to any 
     employer of 10 or fewer employees who is included within a 
     category having a Days Away, Restricted, or Transferred 
     (DART) occupational injury and illness rate, at the most 
     precise industrial classification code for which such data 
     are published, less than the national average rate as such 
     rates are most recently published by the Secretary, acting 
     through the Bureau of Labor Statistics, in accordance with 
     section 24 of the Act, except--
       (1) to provide, as authorized by the Act, consultation, 
     technical assistance, educational and training services, and 
     to conduct surveys and studies;
       (2) to conduct an inspection or investigation in response 
     to an employee complaint, to issue a citation for violations 
     found during such inspection, and to assess a penalty for 
     violations which are not corrected within a reasonable 
     abatement period and for any willful violations found;
       (3) to take any action authorized by the Act with respect 
     to imminent dangers;
       (4) to take any action authorized by the Act with respect 
     to health hazards;
       (5) to take any action authorized by the Act with respect 
     to a report of an employment accident which is fatal to one 
     or more employees or which results in hospitalization of two 
     or more employees, and to take any action pursuant to such 
     investigation authorized by the Act; and
       (6) to take any action authorized by the Act with respect 
     to complaints of discrimination against employees for 
     exercising rights under the Act:

       Provided further, That the foregoing proviso shall not 
     apply to any person who is engaged in a farming operation 
     which does not maintain a temporary labor camp and employs 10 
     or fewer employees:  Provided further, That $10,729,000 shall 
     be available for Susan Harwood training grants.

                 Mine Safety and Health Administration

                         salaries and expenses

                     (including transfer of funds)

       For necessary expenses for the Mine Safety and Health 
     Administration, $374,000,000, including purchase and bestowal 
     of certificates and trophies in connection with mine rescue 
     and first-aid work, and the hire of passenger motor vehicles, 
     including up to $2,000,000 for mine rescue and recovery 
     activities; in addition, not to exceed $750,000 may be 
     collected by the National Mine Health and Safety Academy for 
     room, board, tuition, and the sale of training materials, 
     otherwise authorized by law to be collected, to be available 
     for mine safety and health education and training activities, 
     notwithstanding 31 U.S.C. 3302; and, in addition, the Mine 
     Safety and Health Administration may retain up to $1,499,000 
     from fees collected for the approval and certification of 
     equipment, materials, and explosives for use in mines, and 
     may utilize such sums for such activities; and, in addition, 
     the Secretary may transfer from amounts provided under this 
     heading up to $3,000,000 to ``Departmental Management'' for 
     activities related to the Office of the Solicitor's caseload 
     before the Federal Mine Safety and Health Review Commission; 
     the Secretary is authorized to accept lands, buildings, 
     equipment, and other contributions from public and private 
     sources and to prosecute projects in cooperation with other 
     agencies, Federal, State, or private; the Mine Safety and 
     Health Administration is authorized to promote health and 
     safety education and training in the mining community through 
     cooperative programs with States, industry, and safety 
     associations; the Secretary is authorized to recognize the 
     Joseph A. Holmes Safety Association as a principal safety 
     association and, notwithstanding any other provision of law, 
     may provide funds and, with or without reimbursement, 
     personnel, including service of Mine Safety and Health 
     Administration officials as officers in local chapters or in 
     the national organization; and any funds available to the 
     Department of Labor may be used, with the approval of the 
     Secretary, to provide for the costs of mine rescue and 
     survival operations in the event of a major disaster.

                       Bureau of Labor Statistics

                         salaries and expenses

       For necessary expenses for the Bureau of Labor Statistics, 
     including advances or reimbursements to State, Federal, and 
     local agencies and their employees for services rendered, 
     $542,921,000, together with not to exceed $67,303,000 which 
     may be expended from the Employment Security Administration 
     Account in the Unemployment Trust Fund, of which $1,500,000 
     may be used to fund the mass layoff statistics program under 
     section 15 of the Wagner-Peyser Act.

                 Office of Disability Employment Policy

                         salaries and expenses

       For necessary expenses for the Office of Disability 
     Employment Policy to provide leadership, develop policy and 
     initiatives, and award grants furthering the objective of 
     eliminating barriers to the training and employment of people 
     with disabilities, $38,953,000.

                        Departmental Management

                         salaries and expenses

                     (including transfer of funds)

       For necessary expenses for Departmental Management, 
     including the hire of three passenger motor vehicles, 
     $346,683,000, together with not to exceed $326,000, which may 
     be expended from the Employment Security Administration 
     Account in the Unemployment Trust Fund:  Provided, That 
     $66,500,000 for the Bureau of International Labor Affairs 
     shall be available for obligation through December 31, 2012:  
     Provided further, That funds available to the Bureau of 
     International Labor Affairs may be used to administer or 
     operate international labor activities, bilateral and 
     multilateral technical assistance, and microfinance programs, 
     by or through contracts, grants, subgrants and other 
     arrangements:  Provided further, That $40,000,000 shall be 
     for programs to combat exploitative child labor 
     internationally:  Provided further, That not less than 
     $6,500,000 shall be used to implement model programs that 
     address worker rights issues through technical assistance in 
     countries with which the United States has free trade 
     agreements or trade preference programs:  Provided further, 
     That $8,500,000 shall be used for program evaluation and 
     shall be available for obligation through September 30, 2013: 
      Provided further, That funds available for program 
     evaluation may be transferred to any other appropriate 
     account in the Department for such purpose:  Provided 
     further, That the funds available to the Women's Bureau may 
     be used for grants to serve and promote the interests of 
     women in the workforce.

                    veterans employment and training

       Not to exceed $212,060,000 may be derived from the 
     Employment Security Administration Account in the 
     Unemployment Trust Fund to carry out the provisions of 38 
     U.S.C. 4100-4113, 4211-4215, and 4321-4327, and Public Law 
     103-353, and which shall be available for obligation by the 
     States through December 31, 2012, of which $2,444,000 is for 
     the National Veterans' Employment and Training Services 
     Institute.
       In addition, to carry out Department of Labor programs 
     under section 5(a)(1) of the Homeless Veterans Comprehensive 
     Assistance Act of 2001 and the Veterans Workforce Investment 
     Programs under section 168 of the WIA, $52,879,000, of which 
     $14,622,000 shall be available for obligation for the period 
     July 1, 2012 through June 30, 2013.

                            it modernization

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

                      office of inspector general

       For salaries and expenses of the Office of Inspector 
     General in carrying out the provisions of the Inspector 
     General Act of 1978, $77,937,000, together with not to exceed 
     $5,909,000 which may be expended from the Employment Security 
     Administration Account in the Unemployment Trust Fund.

                           General Provisions

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

                          (transfer of funds)

       Sec. 102.  Not to exceed 1 percent of any discretionary 
     funds (pursuant to the Balanced Budget and Emergency Deficit 
     Control Act of 1985) which are appropriated for the current 
     fiscal year for the Department of Labor in this Act may be 
     transferred between a program, project, or activity, but no 
     such program, project, or activity shall be increased by more 
     than 3 percent by any such transfer:  Provided, That the 
     transfer authority granted by this section shall be available 
     only to meet emergency needs and shall not be used to create 
     any new program or to fund any project or activity for which 
     no funds are provided in this Act:  Provided further, That 
     the Committees on Appropriations of the House of 
     Representatives and the Senate are notified at least 15 days 
     in advance of any transfer.
       Sec. 103.  In accordance with Executive Order No. 13126, 
     none of the funds appropriated or otherwise made available 
     pursuant to this Act shall be obligated or expended for the 
     procurement of goods mined, produced, manufactured, or 
     harvested or services rendered, in whole or in part, by 
     forced or indentured child labor in industries and host 
     countries already identified by the United States Department 
     of Labor prior to enactment of this Act.
       Sec. 104.  None of the funds made available to the 
     Department of Labor for grants under section 414(c) of the 
     American Competitiveness and Workforce Improvement Act of 
     1998 may be used for any purpose other than competitive 
     grants for training in the occupations and industries for 
     which employers are using H-1B visas to hire foreign workers, 
     and the related activities necessary to support such 
     training.
       Sec. 105.  None of the funds made available by this Act 
     under the heading ``Employment and Training Administration'' 
     shall be used by a recipient or subrecipient of such funds to 
     pay the salary and bonuses of an individual, either as direct 
     costs or indirect costs, at a rate in excess of Executive 
     Level II. This limitation shall not apply to vendors 
     providing goods and services as defined in Office of 
     Management and Budget Circular A-133. Where States are 
     recipients of such funds, States may establish a lower limit 
     for salaries and bonuses of those receiving salaries and 
     bonuses from subrecipients of such

[[Page 20367]]

     funds, taking into account factors including the relative 
     cost-of-living in the State, the compensation levels for 
     comparable State or local government employees, and the size 
     of the organizations that administer Federal programs 
     involved including Employment and Training Administration 
     programs. Notwithstanding this section, the limitation on 
     salaries for the Job Corps shall continue to be governed by 
     section 101.
       Sec. 106.  The Secretary shall take no action to amend, 
     through regulatory or administration action, the definition 
     established in section 667.220 of title 20 of the Code of 
     Federal Regulations for functions and activities under title 
     I of WIA, or to modify, through regulatory or administrative 
     action, the procedure for redesignation of local areas as 
     specified in subtitle B of title I of that Act (including 
     applying the standards specified in section 116(a)(3)(B) of 
     that Act, but notwithstanding the time limits specified in 
     section 116(a)(3)(B) of that Act), until such time as 
     legislation reauthorizing the Act is enacted. Nothing in the 
     preceding sentence shall permit or require the Secretary to 
     withdraw approval for such redesignation from a State that 
     received the approval not later than October 12, 2005, or to 
     revise action taken or modify the redesignation procedure 
     being used by the Secretary in order to complete such 
     redesignation for a State that initiated the process of such 
     redesignation by submitting any request for such 
     redesignation not later than October 26, 2005.

                     (including transfer of funds)

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

                     (including transfer of funds)

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

                                TITLE II

                DEPARTMENT OF HEALTH AND HUMAN SERVICES

              Health Resources and Services Administration

                          primary health care

       For carrying out titles II and III of the Public Health 
     Service Act (referred to in this Act as the ``PHS Act'') with 
     respect to primary health care and the Native Hawaiian Health 
     Care Act of 1988, $1,598,957,000, of which $129,000 shall be 
     available until expended for facilities renovations at the 
     Gillis W. Long Hansen's Disease Center:  Provided, That no 
     more than $40,000 shall be available until expended for 
     carrying out the provisions of section 224(o) of the PHS Act, 
     including associated administrative expenses and relevant 
     evaluations:  Provided further, That no more than $95,073,000 
     shall be available until expended for carrying out the 
     provisions of Public Law 104-73 and for expenses incurred by 
     the Department of Health and Human Services (referred to in 
     this Act as ``HHS'') pertaining to administrative claims made 
     under such law.

                            health workforce

       For carrying out titles III, VII, and VIII of the PHS Act 
     with respect to the health workforce, section 1128E of the 
     Social Security Act, and the Health Care Quality Improvement 
     Act of 1986, $734,402,000:  Provided, That sections 
     747(c)(2), 751(j)(2), and the proportional funding amounts in 
     paragraphs (1) through (4) of section 756(e) of the PHS Act 
     shall not apply to funds made available under this heading:  
     Provided further, That for any program operating under 
     section 751 of the PHS Act on or before January 1, 2009, the 
     Secretary of Health and Human Services (referred to in this 
     title as ``Secretary'') may waive any of the requirements 
     contained in sections 751(d)(2)(A) and 751(d)(2)(B) of such 
     Act for the full project period of a grant under such 
     section:  Provided further, That no funds shall be available 
     for section 340G-1 of the PHS Act:  Provided further, That in 
     addition to fees authorized by section 427(b) of the Health 
     Care Quality Improvement Act of 1986, fees shall be collected 
     for the full disclosure of information under such Act 
     sufficient to recover the full costs of operating the 
     National Practitioner Data Bank and shall remain available 
     until expended to carry out that Act:  Provided further, That 
     fees collected for the full disclosure of information under 
     the ``Health Care Fraud and Abuse Data Collection Program'', 
     authorized by section 1128E(d)(2) of the Social Security Act, 
     shall be sufficient to recover the full costs of operating 
     the program, and shall remain available until expended to 
     carry out that Act:  Provided further, That funds transferred 
     to this account to carry out section 846 and subpart 3 of 
     part D of title III of the PHS Act may be used to make prior 
     year adjustments to awards made under such sections.

                       maternal and child health

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

                      ryan white hiv/aids program

       For carrying out title XXVI of the PHS Act with respect to 
     the Ryan White HIV/AIDS program, $2,326,665,000, of which 
     $1,995,670,000 shall remain available to the Secretary of 
     Health and Human Services through September 30, 2014, for 
     parts A and B of title XXVI of the PHS Act, and of which not 
     less than $900,000,000 shall be for State AIDS Drug 
     Assistance Programs under the authority of section 2616 or 
     311(c) of such Act:  Provided, That in addition to amounts 
     provided herein, $25,000,000 shall be available from amounts 
     available under section 241 of the PHS Act to carry out parts 
     A, B, C, and D of title XXVI of the PHS Act to fund Special 
     Projects of National Significance under section 2691.

                          health care systems

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

                              rural health

       For carrying out titles III and IV of the PHS Act with 
     respect to rural health, section 427(a) of the Federal Coal 
     Mine Health and Safety Act, the Cardiac Arrest Survival Act 
     of 2000, and sections 711 and 1820 of the Social Security 
     Act, $139,832,000, of which $41,118,000 from general 
     revenues, notwithstanding section 1820(j) of the Social 
     Security Act, shall be available for carrying out the 
     Medicare rural hospital flexibility grants program:  
     Provided, That of the funds made available under this heading 
     for Medicare rural hospital flexibility grants, $15,000,000 
     shall be available for the Small Rural Hospital Improvement 
     Grant Program for quality improvement and adoption of health 
     information technology and $1,000,000 shall be to carry out 
     section 1820(g)(6) of the Social Security Act, with funds 
     provided for grants under section 1820(g)(6) available for 
     the purchase and implementation of telehealth services, 
     including

[[Page 20368]]

     pilots and demonstrations on the use of electronic health 
     records to coordinate rural veterans care between rural 
     providers and the Department of Veterans Affairs electronic 
     health record system:  Provided further, That notwithstanding 
     section 338J(k) of the PHS Act, $10,055,000 shall be 
     available for State Offices of Rural Health.

                            family planning

       For carrying out the program under title X of the PHS Act 
     to provide for voluntary family planning projects, 
     $297,400,000:  Provided, That amounts provided to said 
     projects under such title shall not be expended for 
     abortions, that all pregnancy counseling shall be 
     nondirective, and that such amounts shall not be expended for 
     any activity (including the publication or distribution of 
     literature) that in any way tends to promote public support 
     or opposition to any legislative proposal or candidate for 
     public office.

                           program management

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

           health education assistance loans program account

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

             vaccine injury compensation program trust fund

       For payments from the Vaccine Injury Compensation Program 
     Trust Fund (``Trust Fund''), such sums as may be necessary 
     for claims associated with vaccine-related injury or death 
     with respect to vaccines administered after September 30, 
     1988, pursuant to subtitle 2 of title XXI of the PHS Act, to 
     remain available until expended:  Provided, That for 
     necessary administrative expenses, not to exceed $6,489,000 
     shall be available from the Trust Fund to the Secretary.

               Centers for Disease Control and Prevention

                 immunization and respiratory diseases

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

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

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

               emerging and zoonotic infectious diseases

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

            chronic disease prevention and health promotion

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

   birth defects, developmental disabilities, disabilities and health

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

                   public health scientific services

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

                          environmental health

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

                     injury prevention and control

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

         national institute for occupational safety and health

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

          employees occupational illness compensation program

       For necessary expenses to administer the Energy Employees 
     Occupational Illness Compensation Program Act, $55,358,000, 
     to remain available until expended, of which $4,500,000 shall 
     be for use by or in support of the Advisory Board on 
     Radiation and Worker Health (``Board'') to carry out its 
     statutory responsibilities, including obtaining audits, 
     technical assistance, and other support from the Board's 
     audit contractor with regard to radiation dose estimation and 
     reconstruction efforts, site profiles, procedures, and review 
     of Special Exposure Cohort petitions and evaluation reports:  
     Provided, That this amount shall be available consistent with 
     the provision regarding administrative expenses in section 
     151(b) of division B, title I of Public Law 106-554.

                             global health

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

                public health preparedness and response

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

                cdc-wide activities and program support

       For carrying out titles II, III, VII, XVII and XIX, and 
     section 2821 of the PHS Act and for cross-cutting activities 
     and program support that supplement activities funded under 
     the headings ``Immunization and Respiratory Diseases'', 
     ``HIV/AIDS, Viral Hepatitis, Sexually Transmitted Diseases, 
     and Tuberculosis Prevention'', ``Emerging and Zoonotic 
     Infectious Diseases'', ``Chronic Disease Prevention and 
     Health Promotion'', ``Birth Defects, Developmental 
     Disabilities, Disabilities and Health'', ``Environmental 
     Health'', ``Injury Prevention and Control'', ``National 
     Institute for Occupational Safety and Health'', ``Employees 
     Occupational Illness Compensation Program Act'', ``Global 
     Health'', ``Public Health Preparedness and Response'', and 
     ``Public Health Scientific Services'', $621,445,000, of which 
     $30,000,000 shall be available until September 30, 2013 for 
     business services, of which $25,000,000 shall be available 
     until September 30, 2016 for equipment, construction and 
     renovation of facilities, and of which $80,000,000 shall be 
     for the Preventive Health and Health Services Block Grant 
     Program:  Provided, That paragraphs (1) through (3) of 
     subsection (b) of section 2821 of the PHS Act shall not apply 
     to funds appropriated under this heading and in all other 
     accounts of the Centers for Disease Control and Prevention 
     (referred to in this title as ``CDC''):  Provided further, 
     That funds appropriated under this heading and in all other 
     accounts of CDC may be used to support the purchase, hire, 
     maintenance, and operation of aircraft for use and support of 
     the activities of CDC:  Provided further, That employees of 
     CDC or the Public Health Service, both civilian and 
     commissioned officers, detailed to States, municipalities, or 
     other organizations under authority of section 214 of the PHS 
     Act, or in overseas assignments, shall be treated as non-
     Federal employees for reporting purposes only and shall not 
     be included within any personnel ceiling applicable to the 
     Agency, Service, or HHS during the period of detail or 
     assignment:  Provided further, That CDC may use up to $10,000 
     from amounts appropriated to CDC in this Act for official 
     reception and representation expenses when specifically 
     approved by the Director of CDC:  Provided further, That in 
     addition, such sums as may be derived from authorized user 
     fees, which shall be credited to the appropriation charged 
     with the cost thereof:  Provided further, That with respect 
     to the previous proviso, authorized user fees from the Vessel 
     Sanitation Program shall be available through September 30, 
     2013:  Provided further, That of the funds made available 
     under this heading, up to $1,000 per eligible employee of CDC 
     shall be made available until expended for Individual 
     Learning Accounts:  Provided further, That CDC may establish 
     a Working Capital Fund, with the authorities equivalent to 
     those provided in 42 U.S.C. 231, to improve the provision of 
     supplies and service.

                     National Institutes of Health

                       national cancer institute

       For carrying out section 301 and title IV of the PHS Act 
     with respect to cancer, $5,081,788,000, of which up to 
     $8,000,000 may be used for facilities repairs and 
     improvements at the National Cancer Institute--Frederick 
     Federally Funded Research and Development Center in 
     Frederick, Maryland.

               national heart, lung, and blood institute

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

[[Page 20369]]



         national institute of dental and craniofacial research

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

    national institute of diabetes and digestive and kidney diseases

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

        national institute of neurological disorders and stroke

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

         national institute of allergy and infectious diseases

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

             national institute of general medical sciences

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

  eunice kennedy shriver national institute of child health and human 
                              development

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

                         national eye institute

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

          national institute of environmental health sciences

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

                      national institute on aging

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

 national institute of arthritis and musculoskeletal and skin diseases

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

    national institute on deafness and other communication disorders

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

                 national institute of nursing research

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

           national institute on alcohol abuse and alcoholism

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

                    national institute on drug abuse

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

                  national institute of mental health

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

                national human genome research institute

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

      national institute of biomedical imaging and bioengineering

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

       national center for complementary and alternative medicine

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

      national institute on minority health and health disparities

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

                  john e. fogarty international center

       For carrying out the activities of the John E. Fogarty 
     International Center (described in subpart 2 of part E of 
     title IV of the PHS Act), $69,754,000.

                      national library of medicine

       For carrying out section 301 and title IV of the PHS Act 
     with respect to health information communications, 
     $338,278,000, of which $4,000,000 shall be available until 
     September 30, 2013, for improvement of information systems:  
     Provided, That in fiscal year 2012, the National Library of 
     Medicine may enter into personal services contracts for the 
     provision of services in facilities owned, operated, or 
     constructed under the jurisdiction of the National Institutes 
     of Health (referred to in this title as ``NIH''):  Provided 
     further, That in addition to amounts provided herein, 
     $8,200,000 shall be available from amounts available under 
     section 241 of the PHS Act to carry out the purposes of the 
     National Information Center on Health Services Research and 
     Health Care Technology established under section 478A of the 
     PHS Act and related health services.

          national center for advancing translational sciences

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

                         office of the director

       For carrying out the responsibilities of the Office of the 
     Director, NIH, $1,461,880,000, of which up to $25,000,000 
     shall be used to carry out section 213 of this Act:  
     Provided, That funding shall be available for the purchase of 
     not to exceed 29 passenger motor vehicles for replacement 
     only:  Provided further, That NIH is authorized to collect 
     third-party payments for the cost of clinical services that 
     are incurred in NIH research facilities and that such 
     payments shall be credited to the NIH Management Fund:  
     Provided further, That all funds credited to the NIH 
     Management Fund shall remain available for one fiscal year 
     after the fiscal year in which they are deposited:  Provided 
     further, That $193,880,000 shall be available for 
     continuation of the National Children's Study:  Provided 
     further, That $545,962,000 shall be available for the Common 
     Fund established under section 402A(c)(1) of the PHS Act:  
     Provided further, That of the funds provided $10,000 shall be 
     for official reception and representation expenses when 
     specifically approved by the Director of the NIH:  Provided 
     further, That the Office of AIDS Research within the Office 
     of the Director of the NIH may spend up to $8,000,000 to make 
     grants for construction or renovation of facilities as 
     provided for in section 2354(a)(5)(B) of the PHS Act.

                        buildings and facilities

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

       Substance Abuse and Mental Health Services Administration

                             mental health

       For carrying out titles III, V, and XIX of the PHS Act with 
     respect to mental health, and the Protection and Advocacy for 
     Individuals with Mental Illness Act, $934,853,000:  Provided, 
     That notwithstanding section 520A(f)(2) of the PHS Act, no 
     funds appropriated for carrying out section 520A shall be 
     available for carrying out section 1971 of the PHS Act:  
     Provided further, That in addition to amounts provided 
     herein, $21,039,000 shall be available under section 241 of 
     the PHS Act to carry out subpart I of part B of title XIX of 
     the PHS Act to fund section 1920(b) technical assistance, 
     national data, data collection and evaluation activities, and 
     further that the total available under this Act for section 
     1920(b) activities shall not exceed 5 percent of the amounts 
     appropriated for subpart I of part B of title XIX:  Provided 
     further, That section 520E(b)(2) of the PHS Act shall not 
     apply to funds appropriated under this Act for fiscal year 
     2012:  Provided further, That of the amount appropriated 
     under this heading, $45,800,000 shall be for the National 
     Child Traumatic Stress Initiative as described in section 582 
     of the PHS Act.

                        substance abuse treatment

       For carrying out titles III, V, and XIX of the PHS Act with 
     respect to substance abuse treatment and section 1922(a) of 
     the PHS Act with respect to substance abuse prevention, 
     $2,123,993,000:  Provided, That in addition to amounts 
     provided herein, the following amounts shall be available 
     under section 241 of the PHS Act: (1) $79,200,000 to carry 
     out subpart II of part B of title XIX of the PHS Act to fund 
     section 1935(b) technical assistance, national data, data 
     collection and evaluation activities, and further that the 
     total available under this Act for section 1935(b) activities 
     shall not exceed 5 percent of the amounts appropriated for 
     subpart II of part B of title XIX; and (2) $2,000,000 to 
     evaluate substance abuse treatment programs:  Provided 
     further, That no funds shall be available for the National 
     All Schedules Prescription Reporting system.

                       substance abuse prevention

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

                health surveillance and program support

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

[[Page 20370]]

     made available under this heading may be used to supplement 
     program support funding provided under the headings ``Mental 
     Health'', ``Substance Abuse Treatment'', and ``Substance 
     Abuse Prevention''.

               Agency for Healthcare Research and Quality

                    healthcare research and quality

       For carrying out titles III and IX of the PHS Act, part A 
     of title XI of the Social Security Act, and section 1013 of 
     the Medicare Prescription Drug, Improvement, and 
     Modernization Act of 2003, $369,053,000 shall be available 
     from amounts available under section 241 of the PHS Act, 
     notwithstanding subsection 947(c) of such Act:  Provided, 
     That in addition, amounts received from Freedom of 
     Information Act fees, reimbursable and interagency 
     agreements, and the sale of data shall be credited to this 
     appropriation and shall remain available until September 30, 
     2013.

               Centers for Medicare and Medicaid Services

                     grants to states for medicaid

       For carrying out, except as otherwise provided, titles XI 
     and XIX of the Social Security Act, $184,279,110,000, to 
     remain available until expended.
       For making, after May 31, 2012, payments to States under 
     title XIX or in the case of section 1928 on behalf of States 
     under title XIX of the Social Security Act for the last 
     quarter of fiscal year 2012 for unanticipated costs incurred 
     for the current fiscal year, such sums as may be necessary.
       For making payments to States or in the case of section 
     1928 on behalf of States under title XIX of the Social 
     Security Act for the first quarter of fiscal year 2013, 
     $90,614,082,000, to remain available until expended.
       Payment under such title XIX may be made for any quarter 
     with respect to a State plan or plan amendment in effect 
     during such quarter, if submitted in or prior to such quarter 
     and approved in that or any subsequent quarter.

                  payments to health care trust funds

       For payment to the Federal Hospital Insurance Trust Fund 
     and the Federal Supplementary Medical Insurance Trust Fund, 
     as provided under sections 217(g), 1844, and 1860D-16 of the 
     Social Security Act, sections 103(c) and 111(d) of the Social 
     Security Amendments of 1965, section 278(d)(3) of Public Law 
     97-248, and for administrative expenses incurred pursuant to 
     section 201(g) of the Social Security Act, $230,741,378,000.
       In addition, for making matching payments under section 
     1844 and benefit payments under section 1860D-16 of the 
     Social Security Act that were not anticipated in budget 
     estimates, such sums as may be necessary.

                           program management

       For carrying out, except as otherwise provided, titles XI, 
     XVIII, XIX, and XXI of the Social Security Act, titles XIII 
     and XXVII of the PHS Act, the Clinical Laboratory Improvement 
     Amendments of 1988, and other responsibilities of the Centers 
     for Medicare and Medicaid Services, not to exceed 
     $3,879,476,000, to be transferred from the Federal Hospital 
     Insurance Trust Fund and the Federal Supplementary Medical 
     Insurance Trust Fund, as authorized by section 201(g) of the 
     Social Security Act; together with all funds collected in 
     accordance with section 353 of the PHS Act and section 
     1857(e)(2) of the Social Security Act, funds retained by the 
     Secretary pursuant to section 302 of the Tax Relief and 
     Health Care Act of 2006; and such sums as may be collected 
     from authorized user fees and the sale of data, which shall 
     be credited to this account and remain available until 
     September 30, 2017:  Provided, That all funds derived in 
     accordance with 31 U.S.C. 9701 from organizations established 
     under title XIII of the PHS Act shall be credited to and 
     available for carrying out the purposes of this 
     appropriation:  Provided further, That $34,000,000, to remain 
     available through September 30, 2013, shall be for contract 
     costs for the Healthcare Integrated General Ledger Accounting 
     System:  Provided further, That the Secretary is directed to 
     collect fees in fiscal year 2012 from Medicare Advantage 
     organizations pursuant to section 1857(e)(2) of the Social 
     Security Act and from eligible organizations with risk-
     sharing contracts under section 1876 of that Act pursuant to 
     section 1876(k)(4)(D) of that Act:  Provided further, That 
     $44,000,000 shall be available for the State high-risk health 
     insurance pool program as authorized by the State High Risk 
     Pool Funding Extension Act of 2006.

              health care fraud and abuse control account

       In addition to amounts otherwise available for program 
     integrity and program management, $310,377,000, to remain 
     available through September 30, 2013, to be transferred from 
     the Federal Hospital Insurance Trust Fund and the Federal 
     Supplementary Medical Insurance Trust Fund, as authorized by 
     section 201(g) of the Social Security Act, of which 
     $219,879,000 shall be for the Medicare Integrity Program at 
     the Centers for Medicare and Medicaid Services, including 
     administrative costs, to conduct oversight activities for 
     Medicare Advantage under Part C and the Medicare Prescription 
     Drug Program under Part D of the Social Security Act and for 
     activities described in section 1893(b) of such Act, of which 
     $29,730,000 shall be for the Department of Health and Human 
     Services Office of Inspector General to carry out fraud and 
     abuse activities authorized by section 1817(k)(3) of such 
     Act, of which $31,038,000 shall be for the Medicaid and 
     Children's Health Insurance Program (``CHIP'') program 
     integrity activities, and of which $29,730,000 shall be for 
     the Department of Justice to carry out fraud and abuse 
     activities authorized by section 1817(k)(3) of such Act:  
     Provided, That the report required by section 1817(k)(5) of 
     the Social Security Act for fiscal year 2012 shall include 
     measures of the operational efficiency and impact on fraud, 
     waste, and abuse in the Medicare, Medicaid, and CHIP programs 
     for the funds provided by this appropriation.

                Administration for Children and Families

  payments to states for child support enforcement and family support 
                                programs

       For making payments to States or other non-Federal entities 
     under titles I, IV-D, X, XI, XIV, and XVI of the Social 
     Security Act and the Act of July 5, 1960, $2,305,035,000, to 
     remain available until expended; and for such purposes for 
     the first quarter of fiscal year 2013, $1,100,000,000, to 
     remain available until expended.
       For making payments to each State for carrying out the 
     program of Aid to Families with Dependent Children under 
     title IV-A of the Social Security Act before the effective 
     date of the program of Temporary Assistance for Needy 
     Families with respect to such State, such sums as may be 
     necessary:  Provided, That the sum of the amounts available 
     to a State with respect to expenditures under such title IV-A 
     in fiscal year 1997 under this appropriation and under such 
     title IV-A as amended by the Personal Responsibility and Work 
     Opportunity Reconciliation Act of 1996 shall not exceed the 
     limitations under section 116(b) of such Act.
       For making, after May 31 of the current fiscal year, 
     payments to States or other non-Federal entities under titles 
     I, IV-D, X, XI, XIV, and XVI of the Social Security Act and 
     the Act of July 5, 1960, for the last 3 months of the current 
     fiscal year for unanticipated costs, incurred for the current 
     fiscal year, such sums as may be necessary.

                   low income home energy assistance

       For making payments under subsections (b) and (d) of 
     section 2602 of the Low Income Home Energy Assistance Act of 
     1981, $3,478,246,000:  Provided, That all but $497,000,000 of 
     such funds shall be allocated as though the total 
     appropriation for such payments for fiscal year 2012 was less 
     than $1,975,000,000:  Provided further, That notwithstanding 
     section 2609A(a), of the amounts appropriated under section 
     2602(b), not more than $3,000,000 of such amounts may be 
     reserved by the Secretary for technical assistance, training, 
     and monitoring of program activities for compliance with 
     internal controls, policies and procedures.

                     refugee and entrant assistance

       For necessary expenses for refugee and entrant assistance 
     activities authorized by section 414 of the Immigration and 
     Nationality Act and section 501 of the Refugee Education 
     Assistance Act of 1980, for carrying out section 462 of the 
     Homeland Security Act of 2002, section 235 of the William 
     Wilberforce Trafficking Victims Protection Reauthorization 
     Act of 2008, and the Trafficking Victims Protection Act of 
     2000, for costs associated with the care and placement of 
     unaccompanied alien children, and for carrying out the 
     Torture Victims Relief Act of 1998, $769,789,000, of which up 
     to $9,794,000 shall be available to carry out the Trafficking 
     Victims Protection Act of 2000:  Provided, That funds 
     appropriated under this heading pursuant to section 414(a) of 
     the Immigration and Nationality Act, section 462 of the 
     Homeland Security Act of 2002, section 235 of the William 
     Wilberforce Trafficking Victims Protection Reauthorization 
     Act of 2008, and the Trafficking Victims Protection Act of 
     2000 for fiscal year 2012 shall be available for the costs of 
     assistance provided and other activities to remain available 
     through September 30, 2014.

   payments to states for the child care and development block grant

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

                      social services block grant

       For making grants to States pursuant to section 2002 of the 
     Social Security Act, $1,700,000,000:  Provided, That 
     notwithstanding subparagraph (B) of section 404(d)(2) of such 
     Act, the applicable percent specified under such subparagraph 
     for a State to carry out State programs pursuant to title XX 
     of such Act shall be 10 percent.

                children and families services programs

       For carrying out, except as otherwise provided, the Runaway 
     and Homeless Youth Act, the Developmental Disabilities 
     Assistance and Bill of Rights Act, the Head Start Act, the 
     Child

[[Page 20371]]

     Abuse Prevention and Treatment Act, sections 303 and 313 of 
     the Family Violence Prevention and Services Act, the Native 
     American Programs Act of 1974, title II of the Child Abuse 
     Prevention and Treatment and Adoption Reform Act of 1978 
     (adoption opportunities), the Abandoned Infants Assistance 
     Act of 1988, section 291 of the Help America Vote Act of 
     2002, part B-1 of title IV and sections 413, 1110, and 1115 
     of the Social Security Act; for making payments under the 
     Community Services Block Grant Act (``CSBG Act''), sections 
     439(i), 473B, and 477(i) of the Social Security Act, and the 
     Assets for Independence Act; and for necessary administrative 
     expenses to carry out such Acts and titles I, IV, V, X, XI, 
     XIV, XVI, and XX of the Social Security Act, the Act of July 
     5, 1960, the Low Income Home Energy Assistance Act of 1981, 
     title IV of the Immigration and Nationality Act, and section 
     501 of the Refugee Education Assistance Act of 1980, 
     $9,926,709,000, of which $39,421,000, to remain available 
     through September 30, 2013, shall be for grants to States for 
     adoption incentive payments, as authorized by section 473A of 
     the Social Security Act and may be made for adoptions 
     completed before September 30, 2012:  Provided, That 
     $7,983,633,000 shall be for making payments under the Head 
     Start Act:  Provided further, That for purposes of allocating 
     funds described by the immediately preceding proviso, the 
     term ``base grant'' as used in subsection (a)(7)(A) of 
     section 640 of such Act with respect to funding provided to a 
     Head Start agency (including each Early Head Start agency) 
     for fiscal year 2011 shall be calculated as described in such 
     subsection and to which amount shall be added 50 percent of 
     the amount of funds appropriated under the heading 
     ``Department of Health and Human Services, Administration for 
     Children and Families, Children and Family Services 
     Programs'' in Public Law 111-5 and provided to such agency 
     for carrying out expansion of Head Start programs, as that 
     phrase is used in subsection (a)(4)(D) of such section 640, 
     and provided to such agency as the ongoing funding level for 
     operations in the 12-month period beginning in fiscal year 
     2010:  Provided further, That $713,630,000 shall be for 
     making payments under the CSBG Act:  Provided further, That 
     $35,340,000 shall be for sections 680 and 678E(b)(2) of the 
     CSBG Act, of which not less than $30,000,000 shall be for 
     section 680(a)(2) and not less than $4,990,000 shall be for 
     section 680(a)(3)(B) of such Act:  Provided further, That in 
     addition to amounts provided herein, $5,762,000 shall be 
     available from amounts available under section 241 of the PHS 
     Act to carry out the provisions of section 1110 of the Social 
     Security Act:  Provided further, That to the extent Community 
     Services Block Grant funds are distributed as grant funds by 
     a State to an eligible entity as provided under the CSBG Act, 
     and have not been expended by such entity, they shall remain 
     with such entity for carryover into the next fiscal year for 
     expenditure by such entity consistent with program purposes:  
     Provided further, That the Secretary shall establish 
     procedures regarding the disposition of intangible assets and 
     program income that permit such assets acquired with, and 
     program income derived from, grant funds authorized under 
     section 680 of the CSBG Act to become the sole property of 
     such grantees after a period of not more than 12 years after 
     the end of the grant period for any activity consistent with 
     section 680(a)(2)(A) of the CSBG Act:  Provided further, That 
     intangible assets in the form of loans, equity investments 
     and other debt instruments, and program income may be used by 
     grantees for any eligible purpose consistent with section 
     680(a)(2)(A) of the CSBG Act:  Provided further, That these 
     procedures shall apply to such grant funds made available 
     after November 29, 1999:  Provided further, That funds 
     appropriated for section 680(a)(2) of the CSBG Act shall be 
     available for financing construction and rehabilitation and 
     loans or investments in private business enterprises owned by 
     community development corporations:  Provided further, That 
     $5,245,000 shall be for activities authorized by section 291 
     of the Help America Vote Act of 2002:  Provided further, That 
     $1,996,000 shall be for a human services case management 
     system for federally declared disasters, to include a 
     comprehensive national case management contract and Federal 
     costs of administering the system:  Provided further, That up 
     to $2,000,000 shall be for improving the Public Assistance 
     Reporting Information System, including grants to States to 
     support data collection for a study of the system's 
     effectiveness.

                   promoting safe and stable families

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

                payments for foster care and permanency

       For making payments to States or other non-Federal entities 
     under title IV-E of the Social Security Act, $5,153,000,000.
       For making payments to States or other non-Federal entities 
     under title IV-E of the Social Security Act, for the first 
     quarter of fiscal year 2013, $2,100,000,000.
       For making, after May 31 of the current fiscal year, 
     payments to States or other non-Federal entities under 
     section 474 of title IV-E of the Social Security Act, for the 
     last 3 months of the current fiscal year for unanticipated 
     costs, incurred for the current fiscal year, such sums as may 
     be necessary.

                        Administration on Aging

                        aging services programs

                     (including transfer of funds)

       For carrying out, to the extent not otherwise provided, the 
     Older Americans Act of 1965 (``OAA''), section 398 and title 
     XXIX of the PHS Act, section 119 of the Medicare Improvements 
     for Patients and Providers Act of 2008, $1,473,703,000:  
     Provided, That amounts appropriated under this heading may be 
     used for grants to States under section 361 of the OAA only 
     for disease prevention and health promotion programs and 
     activities which have been demonstrated through rigorous 
     evaluation to be evidence-based and effective:  Provided 
     further, That none of the funds provided shall be used to 
     carry out sections 1701 and 1703 of the PHS Act (with respect 
     to chronic disease self-management activity grants), except 
     that such funds may be used for necessary expenses associated 
     with administering any such grants awarded prior to the date 
     of the enactment of this Act:  Provided further, That the 
     total amount available for fiscal year 2012 under this and 
     any other Act to carry out activities related to Aging and 
     Disability Resource Centers under subsections (a)(20)(B)(iii) 
     and (b)(8) of section 202 of the OAA shall not exceed the 
     amount obligated for such purposes for fiscal year 2010 from 
     funds available under Public Law 111-117:  Provided further, 
     That notwithstanding any other provision of this Act, funds 
     made available under this heading to carry out section 311 of 
     the OAA may be transferred to the Secretary of Agriculture in 
     accordance with such section.

                        Office of the Secretary

                    general departmental management

       For necessary expenses, not otherwise provided, for general 
     departmental management, including hire of six passenger 
     motor vehicles, and for carrying out titles III, XVII, and 
     XXI of the PHS Act, the United States-Mexico Border Health 
     Commission Act, and research studies under section 1110 of 
     the Social Security Act, $475,221,000, together with 
     $69,211,000 from the amounts available under section 241 of 
     the PHS Act to carry out national health or human services 
     research and evaluation activities:  Provided, That of this 
     amount, $53,783,000 shall be for minority AIDS prevention and 
     treatment activities:  Provided further, That of the funds 
     made available under this heading, $104,790,000 shall be for 
     making competitive contracts and grants to public and private 
     entities to fund medically accurate and age appropriate 
     programs that reduce teen pregnancy and for the Federal costs 
     associated with administering and evaluating such contracts 
     and grants, of which not less than $75,000,000 shall be for 
     replicating programs that have been proven effective through 
     rigorous evaluation to reduce teenage pregnancy, behavioral 
     risk factors underlying teenage pregnancy, or other 
     associated risk factors, of which not less than $25,000,000 
     shall be available for research and demonstration grants to 
     develop, replicate, refine, and test additional models and 
     innovative strategies for preventing teenage pregnancy, and 
     of which any remaining amounts shall be available for 
     training and technical assistance, evaluation, outreach, and 
     additional program support activities:  Provided further, 
     That of the amounts provided under this heading from amounts 
     available under section 241 of the PHS Act, $8,455,000 shall 
     be available to carry out evaluations (including longitudinal 
     evaluations) of teenage pregnancy prevention approaches:  
     Provided further, That of the funds made available under this 
     heading, $5,000,000 shall be for making competitive grants to 
     provide abstinence education (as defined by section 
     510(b)(2)(A)-(H) of the Social Security Act) to adolescents, 
     and for Federal costs of administering the grant:  Provided 
     further, That grants made under the authority of section 
     510(b)(2)(A)-(H) of the Social Security Act shall be made 
     only to public and private entities that agree that, with 
     respect to an adolescent to whom the entities provide 
     abstinence education under such grant, the entities will not 
     provide to that adolescent any other education regarding 
     sexual conduct, except that, in the case of an entity 
     expressly required by law to provide health information or 
     services the adolescent shall not be precluded from seeking 
     health information or services from the entity in a different 
     setting than the setting in which abstinence education was 
     provided:  Provided further, That funds provided in this Act 
     for embryo adoption activities may be used to provide to 
     individuals adopting embryos, through grants and other 
     mechanisms, medical and administrative services deemed 
     necessary for such adoptions:  Provided further, That such 
     services shall be provided consistent with 42 CFR 59.5(a)(4).

                office of medicare hearings and appeals

       For expenses necessary for administrative law judges 
     responsible for hearing cases under title XVIII of the Social 
     Security Act (and related provisions of title XI of such 
     Act), $72,147,000, to be transferred in appropriate part from 
     the Federal Hospital Insurance Trust Fund and the Federal 
     Supplementary Medical Insurance Trust Fund.

  office of the national coordinator for health information technology

       For expenses necessary for the Office of the National 
     Coordinator for Health Information Technology, including 
     grants, contracts, and cooperative agreements for the 
     development and advancement of interoperable health 
     information technology, $16,446,000:  Provided, That in 
     addition to amounts provided herein, $44,811,000 shall be 
     available from amounts available under section 241 of the PHS 
     Act.

                      office of inspector general

       For expenses necessary for the Office of Inspector General, 
     including the hire of passenger motor vehicles for 
     investigations, in carrying out the provisions of the 
     Inspector General Act of

[[Page 20372]]

     1978, $50,178,000:  Provided, That of such amount, necessary 
     sums shall be available for providing protective services to 
     the Secretary and investigating non-payment of child support 
     cases for which non-payment is a Federal offense under 18 
     U.S.C. 228:  Provided further, That at least 40 percent of 
     the funds provided in this Act for the Office of Inspector 
     General shall be used only for investigations, audits, and 
     evaluations pertaining to the discretionary programs funded 
     in this Act.

                        office for civil rights

       For expenses necessary for the Office for Civil Rights, 
     $41,016,000.

     retirement pay and medical benefits for commissioned officers

       For retirement pay and medical benefits of Public Health 
     Service Commissioned Officers as authorized by law, for 
     payments under the Retired Serviceman's Family Protection 
     Plan and Survivor Benefit Plan, and for medical care of 
     dependents and retired personnel under the Dependents' 
     Medical Care Act, such amounts as may be required during the 
     current fiscal year.

            public health and social services emergency fund

                     (including transfer of funds)

       For expenses necessary to support activities related to 
     countering potential biological, nuclear, radiological, 
     chemical, and cybersecurity threats to civilian populations, 
     and for other public health emergencies, $569,452,000; of 
     which $10,000,000 shall remain available until September 30, 
     2014 to support emergency operations.
       From funds transferred to this account pursuant to the 
     fourth paragraph under this heading in Public Law 111-117, up 
     to $415,000,000 shall be available for expenses necessary to 
     support advanced research and development pursuant to section 
     319L of the PHS Act, and other administrative expenses of the 
     Biomedical Advanced Research and Development Authority to 
     support additional advanced research and development.

                           General Provisions

       Sec. 201.  Funds appropriated in this title shall be 
     available for not to exceed $50,000 for official reception 
     and representation expenses when specifically approved by the 
     Secretary.
       Sec. 202.  The Secretary shall make available through 
     assignment not more than 60 employees of the Public Health 
     Service to assist in child survival activities and to work in 
     AIDS programs through and with funds provided by the Agency 
     for International Development, the United Nations 
     International Children's Emergency Fund or the World Health 
     Organization.
       Sec. 203.  None of the funds appropriated in this title 
     shall be used to pay the salary of an individual, through a 
     grant or other extramural mechanism, at a rate in excess of 
     Executive Level II.
       Sec. 204.  None of the funds appropriated in this Act may 
     be expended pursuant to section 241 of the PHS Act, except 
     for funds specifically provided for in this Act, or for other 
     taps and assessments made by any office located in HHS, prior 
     to the preparation and submission of a report by the 
     Secretary to the Committees on Appropriations of the House of 
     Representatives and the Senate detailing the planned uses of 
     such funds.
       Sec. 205.  Notwithstanding section 241(a) of the PHS Act, 
     such portion as the Secretary shall determine, but not more 
     than 2.5 percent, of any amounts appropriated for programs 
     authorized under such Act shall be made available for the 
     evaluation (directly, or by grants or contracts) of the 
     implementation and effectiveness of such programs.

                          (transfer of funds)

       Sec. 206.  Not to exceed 1 percent of any discretionary 
     funds (pursuant to the Balanced Budget and Emergency Deficit 
     Control Act of 1985) which are appropriated for the current 
     fiscal year for HHS in this Act may be transferred between 
     appropriations, but no such appropriation shall be increased 
     by more than 3 percent by any such transfer:  Provided, That 
     the transfer authority granted by this section shall not be 
     used to create any new program or to fund any project or 
     activity for which no funds are provided in this Act:  
     Provided further, That the Committees on Appropriations of 
     the House of Representatives and the Senate are notified at 
     least 15 days in advance of any transfer.

                          (transfer of funds)

       Sec. 207.  The Director of the NIH, jointly with the 
     Director of the Office of AIDS Research, may transfer up to 3 
     percent among institutes and centers from the total amounts 
     identified by these two Directors as funding for research 
     pertaining to the human immunodeficiency virus:  Provided, 
     That the Committees on Appropriations of the House of 
     Representatives and the Senate are notified at least 15 days 
     in advance of any transfer.

                          (transfer of funds)

       Sec. 208.  Of the amounts made available in this Act for 
     NIH, the amount for research related to the human 
     immunodeficiency virus, as jointly determined by the Director 
     of NIH and the Director of the Office of AIDS Research, shall 
     be made available to the ``Office of AIDS Research'' account. 
     The Director of the Office of AIDS Research shall transfer 
     from such account amounts necessary to carry out section 
     2353(d)(3) of the PHS Act.
       Sec. 209.  None of the funds appropriated in this Act may 
     be made available to any entity under title X of the PHS Act 
     unless the applicant for the award certifies to the Secretary 
     that it encourages family participation in the decision of 
     minors to seek family planning services and that it provides 
     counseling to minors on how to resist attempts to coerce 
     minors into engaging in sexual activities.
       Sec. 210.  Notwithstanding any other provision of law, no 
     provider of services under title X of the PHS Act shall be 
     exempt from any State law requiring notification or the 
     reporting of child abuse, child molestation, sexual abuse, 
     rape, or incest.
       Sec. 211.  None of the funds appropriated by this Act 
     (including funds appropriated to any trust fund) may be used 
     to carry out the Medicare Advantage program if the Secretary 
     denies participation in such program to an otherwise eligible 
     entity (including a Provider Sponsored Organization) because 
     the entity informs the Secretary that it will not provide, 
     pay for, provide coverage of, or provide referrals for 
     abortions:  Provided, That the Secretary shall make 
     appropriate prospective adjustments to the capitation payment 
     to such an entity (based on an actuarially sound estimate of 
     the expected costs of providing the service to such entity's 
     enrollees):  Provided further, That nothing in this section 
     shall be construed to change the Medicare program's coverage 
     for such services and a Medicare Advantage organization 
     described in this section shall be responsible for informing 
     enrollees where to obtain information about all Medicare 
     covered services.
       Sec. 212.  In order for HHS to carry out international 
     health activities, including HIV/AIDS and other infectious 
     disease, chronic and environmental disease, and other health 
     activities abroad during fiscal year 2012:
       (1) The Secretary may exercise authority equivalent to that 
     available to the Secretary of State in section 2(c) of the 
     State Department Basic Authorities Act of 1956. The Secretary 
     shall consult with the Secretary of State and relevant Chief 
     of Mission to ensure that the authority provided in this 
     section is exercised in a manner consistent with section 207 
     of the Foreign Service Act of 1980 and other applicable 
     statutes administered by the Department of State.
       (2) The Secretary is authorized to provide such funds by 
     advance or reimbursement to the Secretary of State as may be 
     necessary to pay the costs of acquisition, lease, alteration, 
     renovation, and management of facilities outside of the 
     United States for the use of HHS. The Department of State 
     shall cooperate fully with the Secretary to ensure that HHS 
     has secure, safe, functional facilities that comply with 
     applicable regulation governing location, setback, and other 
     facilities requirements and serve the purposes established by 
     this Act. The Secretary is authorized, in consultation with 
     the Secretary of State, through grant or cooperative 
     agreement, to make available to public or nonprofit private 
     institutions or agencies in participating foreign countries, 
     funds to acquire, lease, alter, or renovate facilities in 
     those countries as necessary to conduct programs of 
     assistance for international health activities, including 
     activities relating to HIV/AIDS and other infectious 
     diseases, chronic and environmental diseases, and other 
     health activities abroad.
       (3) The Secretary is authorized to provide to personnel 
     appointed or assigned by the Secretary to serve abroad, 
     allowances and benefits similar to those provided under 
     chapter 9 of title I of the Foreign Service Act of 1980, and 
     22 U.S.C. 4081 through 4086 and subject to such regulations 
     prescribed by the Secretary. The Secretary is further 
     authorized to provide locality-based comparability payments 
     (stated as a percentage) up to the amount of the locality-
     based comparability payment (stated as a percentage) that 
     would be payable to such personnel under section 5304 of 
     title 5, United States Code if such personnel's official duty 
     station were in the District of Columbia. Leaves of absence 
     for personnel under this subsection shall be on the same 
     basis as that provided under subchapter I of chapter 63 of 
     title 5, United States Code, or section 903 of the Foreign 
     Service Act of 1980, to individuals serving in the Foreign 
     Service.
       Sec. 213. (a) Authority.--Notwithstanding any other 
     provision of law, the Director of NIH (``Director'') may use 
     funds available under section 402(b)(7) or 402(b)(12) of the 
     PHS Act to enter into transactions (other than contracts, 
     cooperative agreements, or grants) to carry out research 
     identified pursuant to such section 402(b)(7) (pertaining to 
     the Common Fund) or research and activities described in such 
     section 402(b)(12).
       (b) Peer Review.--In entering into transactions under 
     subsection (a), the Director may utilize such peer review 
     procedures (including consultation with appropriate 
     scientific experts) as the Director determines to be 
     appropriate to obtain assessments of scientific and technical 
     merit. Such procedures shall apply to such transactions in 
     lieu of the peer review and advisory council review 
     procedures that would otherwise be required under sections 
     301(a)(3), 405(b)(1)(B), 405(b)(2), 406(a)(3)(A), 492, and 
     494 of the PHS Act.
       Sec. 214.  Funds which are available for Individual 
     Learning Accounts for employees of CDC and the Agency for 
     Toxic Substances and Disease Registry (``ATSDR'') may be 
     transferred to appropriate accounts of CDC, to be available 
     only for Individual Learning Accounts:  Provided, That such 
     funds may be used for any individual full-time equivalent 
     employee while such employee is employed either by CDC or 
     ATSDR.
       Sec. 215.  Notwithstanding any other provisions of law, 
     discretionary funds made available in this Act may be used to 
     continue operating the Council on Graduate Medical Education 
     established by section 301 of Public Law 102-408.

[[Page 20373]]

       Sec. 216.  Not to exceed $45,000,000 of funds appropriated 
     by this Act to the institutes and centers of the National 
     Institutes of Health may be used for alteration, repair, or 
     improvement of facilities, as necessary for the proper and 
     efficient conduct of the activities authorized herein, at not 
     to exceed $3,500,000 per project.

                          (transfer of funds)

       Sec. 217.  Of the amounts made available for NIH, 1 percent 
     of the amount made available for National Research Service 
     Awards (``NRSA'') shall be made available to the 
     Administrator of the Health Resources and Services 
     Administration to make NRSA awards for research in primary 
     medical care to individuals affiliated with entities who have 
     received grants or contracts under section 747 of the PHS 
     Act, and 1 percent of the amount made available for NRSA 
     shall be made available to the Director of the Agency for 
     Healthcare Research and Quality to make NRSA awards for 
     health service research.
       Sec. 218.  None of the funds made available in this title 
     may be used, in whole or in part, to advocate or promote gun 
     control.
       Sec. 219.  None of the funds appropriated or otherwise made 
     available in this Act may be expended to advance the creation 
     of a Federally Funded Research and Development Center at the 
     Centers for Medicare and Medicaid Services, prior to a 
     Federal Register notice being issued that outlines: how this 
     proposal would meet the specific requirements identified in 
     FAR 35.017-2; agency procedures that ensure small business 
     competitiveness is maintained; and the outline of a 
     transparent award and governance process to be employed.
       Sec. 220. (a) The Secretary shall establish a publicly 
     accessible website to provide information regarding the uses 
     of funds made available under section 4002 of Public Law 111-
     148.
       (b) With respect to funds provided for fiscal year 2012, 
     the Secretary shall include on the website established under 
     subsection (a) at a minimum the following information:
       (1) In the case of each transfer of funds under section 
     4002(c), a statement indicating the program or activity 
     receiving funds, the operating division or office that will 
     administer the funds, and the planned uses of the funds, to 
     be posted not later than the day after the transfer is made.
       (2) Identification (along with a link to the full text) of 
     each funding opportunity announcement, request for proposals, 
     or other announcement or solicitation of proposals for 
     grants, cooperative agreements, or contracts intended to be 
     awarded using such funds, to be posted not later than the day 
     after the announcement or solicitation is issued.
       (3) Identification of each grant, cooperative agreement, or 
     contract with a value of $25,000 or more awarded using such 
     funds, including the purpose of the award and the identity of 
     the recipient, to be posted not later than 5 days after the 
     award is made.
       (4) A report detailing the uses of all funds transferred 
     under section 4002(c) during the fiscal year, to be posted 
     not later than 90 days after the end of the fiscal year.
       (5) Semi-annual reports from each entity awarded a grant, 
     cooperative agreement, or contract from such funds with a 
     value of $25,000 or more, summarizing the activities 
     undertaken and identifying any sub-grants or sub-contracts 
     awarded (including the purpose of the award and the identity 
     of the recipient), to be posted not later than 30 days after 
     the end of each 6-month period.
       Sec. 221. (a) Establishment of National Center for 
     Advancing Translational Sciences; Elimination of National 
     Center for Research Resources.--
       (1) In general.--Subpart 1 of part E of title IV of the 
     Public Health Service Act (42 U.S.C. 287 et seq.) is 
     amended--
       (A) in the subpart heading, by striking ``National Center 
     for Research Resources'' and inserting ``National Center for 
     Advancing Translational Sciences'';
       (B) by striking sections 480 and 481; and
       (C) by amending section 479 to read as follows:

     ``SEC. 479. NATIONAL CENTER FOR ADVANCING TRANSLATIONAL 
                   SCIENCES.

       ``(a) Purpose.--The purpose of the National Center for 
     Advancing Translational Sciences (in this subpart referred to 
     as the `Center') is to advance translational sciences, 
     including by--
       ``(1) coordinating and developing resources that leverage 
     basic research in support of translational science; and
       ``(2) developing partnerships and working cooperatively to 
     foster synergy in ways that do not create duplication, 
     redundancy, and competition with industry activities.
       ``(b) Clinical Trial Activities.--
       ``(1) In general.--The Center may develop and provide 
     infrastructure and resources for all phases of clinical 
     trials research. Except as provided in paragraph (2), the 
     Center may support clinical trials only through the end of 
     phase IIA.
       ``(2) Exception.--The Center may support clinical trial 
     activities through the end of phase IIB for a treatment for a 
     rare disease or condition (as defined in section 526 of the 
     Federal Food, Drug, and Cosmetic Act) so long as--
       ``(A) the Center gives public notice for a period of at 
     least 120 days of the Center's intention to support the 
     clinical trial activities in phase IIB;
       ``(B) no public or private organization provides credible 
     written intent to the Center that the organization has timely 
     plans to further the clinical trial activities or conduct 
     clinical trials of a similar nature beyond phase IIA; and
       ``(C) the Center ensures that support of the clinical trial 
     activities in phase IIB will not increase the Federal 
     Government's liability beyond the award value of the Center's 
     support.
       ``(c) Annual Report.--The Center shall publish an annual 
     report that, with respect to all research supported by the 
     Center, includes a complete list of--
       ``(1) the molecules being studied;
       ``(2) clinical trial activities being conducted;
       ``(3) the methods and tools in development;
       ``(4) ongoing partnerships, including--
       ``(A) the rationale for each partnership;
       ``(B) the status of each partnership;
       ``(C) the funding provided by the Center to other entities 
     pursuant to each partnership, and
       ``(D) the activities which have been transferred to 
     industry pursuant to each partnership; and
       ``(5) known research activity of other entities that is or 
     will expand upon research activity of the Center.''.
       (2) List of institutes and centers.--Section 401(b)(21) of 
     the Public Health Service Act (42 U.S.C. 281(b)(21)) is 
     amended by striking ``National Center for Research 
     Resources'' and inserting ``National Center for Advancing 
     Translational Sciences''.
       (b) Assignment of Certain Functions of Former National 
     Center for Research Resources.--
       (1) Biomedical and behavioral research facilities.--Section 
     481A of the Public Health Service Act (42 U.S.C. 287a-2)--
       (A) is redesignated as section 404I and is moved to follow 
     section 404H of such Act (42 U.S.C. 283j); and
       (B) is amended--
       (i) in subsection (a)(1), by striking ``acting through the 
     Director of the Center or the Director of the National 
     Institute of Allergy and Infectious Diseases'' and inserting 
     ``acting through the Office of the Director of NIH or the 
     Director of the National Institute of Allergy and Infectious 
     Diseases'';
       (ii) in subsections (c), (d), (e), and (f)(2), by striking 
     ``Director of the Center or the Director of the National 
     Institute of Allergy and Infectious Diseases'' each place it 
     appears and inserting ``Director of NIH, acting through the 
     Office of the Director of NIH or the National Institute of 
     Allergy and Infectious Diseases,'';
       (iii) in subsection (b)(2), by striking ``Director of the 
     Center'' each place it appears and inserting ``Director of 
     NIH'';
       (iv) in subsections (b)(3)(A), (f)(1), and (g), by striking 
     the comma at the end of ``Director of the Center,'' each 
     place it appears;
       (v) by striking ``Director of the Center'' each place it 
     appears and inserting ``Director of NIH, acting through the 
     Office of the Director of NIH,'';
       (vi) in subsection (b)--

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

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

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

       (5) Institutional development award program.--Title IV of 
     the Public Health Service Act (42 U.S.C. 281 et seq.) is 
     amended--

[[Page 20374]]

       (A) in section 461, by striking the section heading and 
     designation and all that follows through ``The general 
     purpose'' and inserting the following:

     ``SEC. 461. NATIONAL INSTITUTE OF GENERAL MEDICAL SCIENCES.

       ``(a) General Purpose.--The general purpose'';
       (B) by moving subsection (g) of section 402 to the end of 
     section 461, as amended, and redesignating that subsection as 
     subsection (b); and
       (C) in section 461(b), as so redesignated--
       (i) by striking ``(b)(1)(A) In the case of'' and inserting 
     the following:
       ``(b) Institutional Development Award Program.--
       ``(1)(A) In the case of'';
       (ii) by moving two ems to the right--

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

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

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

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

                               TITLE III

                        DEPARTMENT OF EDUCATION

                    Education for the Disadvantaged

       For carrying out title I of the Elementary and Secondary 
     Education Act of 1965 (referred to in this Act as ``ESEA'') 
     and section 418A of the Higher Education Act of 1965 
     (referred to in this Act as ``HEA''), $15,750,983,000, of 
     which $4,817,117,000 shall become available on July 1, 2012, 
     and shall remain available through September 30, 2013, and of 
     which $10,841,177,000 shall become available on October 1, 
     2012, and shall remain available through September 30, 2013, 
     for academic year 2012-2013:  Provided, That $6,584,750,000 
     shall be for basic grants under section 1124 of the ESEA:  
     Provided further, That up to $3,992,000 of these funds shall 
     be available to the Secretary of Education (referred to in 
     this title as ``Secretary'') on October 1, 2011, to obtain 
     annually updated local educational agency-level census 
     poverty data from the Bureau of the Census:  Provided 
     further, That $1,362,301,000 shall be for concentration 
     grants under section 1124A of the ESEA:  Provided further, 
     That $3,288,183,000 shall be for targeted grants under 
     section 1125 of the ESEA:  Provided further, That 
     $3,288,183,000 shall be for education finance incentive 
     grants under section 1125A of the ESEA:  Provided further, 
     That $3,200,000 shall be to carry out sections 1501 and 1503 
     of the ESEA:  Provided further, That $534,562,000 shall be 
     available for school improvement grants under section 1003(g) 
     of the ESEA, which shall be allocated by the Secretary 
     through the formula described in section 1003(g)(2) and shall 
     be used consistent with the requirements of section 1003(g), 
     except that State and local educational agencies may use such 
     funds to serve any school eligible to receive assistance 
     under part A of title I that has not made adequate yearly 
     progress for at least 2 years or is in the State's lowest 
     quintile of performance based on proficiency rates and, in 
     the case of secondary schools, priority shall be given to 
     those schools with graduation rates below 60 percent:  
     Provided further, That notwithstanding section 1003(g)(5)(A), 
     each State educational agency may establish a maximum 
     subgrant size of not more than $2,000,000 for each 
     participating school applicable to such funds:  Provided 
     further, That the Secretary may reserve up to 5 percent of 
     the funds available for section 1003(g) of the ESEA to carry 
     out activities to build State and local educational agency 
     capacity to implement effectively the school improvement 
     grants program:  Provided further, That $160,000,000 shall be 
     available under section 1502 of the ESEA for a comprehensive 
     literacy development and education program to advance 
     literacy skills, including pre-literacy skills, reading, and 
     writing, for students from birth through grade 12, including 
     limited-English-proficient students and students with 
     disabilities, of which one-half of 1 percent shall be 
     reserved for the Secretary of the Interior for such a program 
     at schools funded by the Bureau of Indian Education, one-half 
     of 1 percent shall be reserved for grants to the outlying 
     areas for such a program, up to 5 percent may be reserved for 
     national activities, and the remainder shall be used to award 
     competitive grants to State educational agencies for such a 
     program, of which a State educational agency may reserve up 
     to 5 percent for State leadership activities, including 
     technical assistance and training, data collection, 
     reporting, and administration, and shall subgrant not less 
     than 95 percent to local educational agencies or, in the case 
     of early literacy, to local educational agencies or other 
     nonprofit providers of early childhood education that partner 
     with a public or private nonprofit organization or agency 
     with a demonstrated record of effectiveness in improving the 
     early literacy development of children from birth through 
     kindergarten entry and in providing professional development 
     in early literacy, giving priority to such agencies or other 
     entities serving greater numbers or percentages of 
     disadvantaged children:  Provided further, That the State 
     educational agency shall ensure that at least 15 percent of 
     the subgranted funds are used to serve children from birth 
     through age 5, 40 percent are used to serve students in 
     kindergarten through grade 5, and 40 percent are used to 
     serve students in middle and high school including an 
     equitable distribution of funds between middle and high 
     schools:  Provided further, That eligible entities receiving 
     subgrants from State educational agencies shall use such 
     funds for services and activities that have the 
     characteristics of effective literacy instruction through 
     professional development, screening and assessment, targeted 
     interventions for students reading below grade level and 
     other research-based methods of improving classroom 
     instruction and practice.

                               Impact Aid

       For carrying out programs of financial assistance to 
     federally affected schools authorized by title VIII of the 
     ESEA, $1,293,631,000, of which $1,155,724,000 shall be for 
     basic support payments under section 8003(b), $48,505,000 
     shall be for payments for children with disabilities under 
     section 8003(d), $17,474,000 shall be for construction under 
     section 8007(b) and shall remain available through September 
     30, 2013, $67,074,000 shall be for Federal property payments 
     under section 8002, and $4,854,000, to remain available until 
     expended, shall be for facilities maintenance under section 
     8008:  Provided, That for purposes of computing the amount of 
     a payment for an eligible local educational agency under 
     section 8003(a) for school year 2011-2012, children enrolled 
     in a school of such agency that would otherwise be eligible 
     for payment under section 8003(a)(1)(B) of such Act, but due 
     to the deployment of both parents or legal guardians, or a 
     parent or legal guardian having sole custody of such 
     children, or due to the death of a military parent or legal 
     guardian while on active duty (so long as such children 
     reside on Federal property as described in section 
     8003(a)(1)(B)), are no longer eligible under such section, 
     shall be considered as eligible students under such section, 
     provided such students remain in average daily attendance at 
     a school in the same local educational agency they attended 
     prior to their change in eligibility status.

                      School Improvement Programs

       For carrying out school improvement activities authorized 
     by parts A and B of title II, part B of title IV, parts A and 
     B of title VI, and parts B and C of title VII of the ESEA; 
     the McKinney-Vento Homeless Assistance Act; section 203 of 
     the Educational Technical Assistance Act of 2002; the Compact 
     of Free Association Amendments Act of 2003; and the Civil 
     Rights Act of

[[Page 20375]]

     1964, $4,550,018,000, of which $2,725,246,000 shall become 
     available on July 1, 2012, and remain available through 
     September 30, 2013, and of which $1,681,441,000 shall become 
     available on October 1, 2012, and shall remain available 
     through September 30, 2013, for academic year 2012-2013:  
     Provided, That funds made available to carry out part B of 
     title VII of the ESEA may be used for construction, 
     renovation, and modernization of any elementary school, 
     secondary school, or structure related to an elementary 
     school or secondary school, run by the Department of 
     Education of the State of Hawaii, that serves a predominantly 
     Native Hawaiian student body:  Provided further, That funds 
     made available to carry out part C of title VII of the ESEA 
     shall be awarded on a competitive basis, and also may be used 
     for construction:  Provided further, That $51,210,000 shall 
     be available to carry out section 203 of the Educational 
     Technical Assistance Act of 2002:  Provided further, That 
     $17,652,000 shall be available to carry out the Supplemental 
     Education Grants program for the Federated States of 
     Micronesia and the Republic of the Marshall Islands:  
     Provided further, That up to 5 percent of these amounts may 
     be reserved by the Federated States of Micronesia and the 
     Republic of the Marshall Islands to administer the 
     Supplemental Education Grants programs and to obtain 
     technical assistance, oversight and consultancy services in 
     the administration of these grants and to reimburse the 
     United States Departments of Labor, Health and Human 
     Services, and Education for such services:  Provided further, 
     That up to 1.5 percent of the funds for subpart 1 of part A 
     of title II of the ESEA shall be reserved by the Secretary 
     for competitive awards for teacher or principal training or 
     professional enhancement activities to national not-for-
     profit organizations.

                            Indian Education

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

                       Innovation and Improvement

       For carrying out activities authorized by part G of title 
     I, subpart 5 of part A and parts C and D of title II, parts 
     B, C, and D of title V of the ESEA, and sections 14006 and 
     14007 of division A of the American Recovery and Reinvestment 
     Act of 2009, as amended, $1,530,429,000:  Provided, That the 
     Secretary may use up to $550,000,000, which shall remain 
     available for obligation through December 31, 2012, for 
     section 14006 of division A of Public Law 111-5, as amended, 
     to make awards (including on the basis of previously 
     submitted applications) to States or to local educational 
     agencies, or both, in accordance with the applicable 
     requirements of that section, as determined by the Secretary, 
     and may use up to 5 percent of such funds for technical 
     assistance and evaluation of the activities carried out under 
     that section:  Provided further, That up to $149,700,000 
     shall be available for obligation through December 31, 2012 
     for section 14007 of division A of Public Law 111-5, and up 
     to 5 percent of such funds may be used for technical 
     assistance and the evaluation of activities carried out under 
     such section:  Provided further, That $300,000,000 of the 
     funds for subpart 1 of part D of title V of the ESEA shall be 
     for competitive grants to local educational agencies, 
     including charter schools that are local educational 
     agencies, or States, or partnerships of: (1) a local 
     educational agency, a State, or both; and (2) at least one 
     nonprofit organization to develop and implement performance-
     based compensation systems for teachers, principals, and 
     other personnel in high-need schools:  Provided further, That 
     such performance-based compensation systems must consider 
     gains in student academic achievement as well as classroom 
     evaluations conducted multiple times during each school year 
     among other factors and provide educators with incentives to 
     take on additional responsibilities and leadership roles:  
     Provided further, That recipients of such grants shall 
     demonstrate that such performance-based compensation systems 
     are developed with the input of teachers and school leaders 
     in the schools and local educational agencies to be served by 
     the grant:  Provided further, That recipients of such grants 
     may use such funds to develop or improve systems and tools 
     (which may be developed and used for the entire local 
     educational agency or only for schools served under the 
     grant) that would enhance the quality and success of the 
     compensation system, such as high-quality teacher evaluations 
     and tools to measure growth in student achievement:  Provided 
     further, That applications for such grants shall include a 
     plan to sustain financially the activities conducted and 
     systems developed under the grant once the grant period has 
     expired:  Provided further, That up to 5 percent of such 
     funds for competitive grants shall be available for technical 
     assistance, training, peer review of applications, program 
     outreach, and evaluation activities:  Provided further, That 
     of the funds available for part B of title V of the ESEA, the 
     Secretary shall use not less than $23,000,000 to carry out 
     activities under section 5205(b) and under subpart 2:  
     Provided further, That of the funds available for subpart 1 
     of part B of title V of the ESEA, and notwithstanding section 
     5205(a), the Secretary may reserve up to $55,000,000 to make 
     multiple awards to non-profit charter management 
     organizations and other entities that are not for-profit 
     entities for the replication and expansion of successful 
     charter school models and shall reserve up to $11,000,000 to 
     carry out the activities described in section 5205(a), 
     including improving quality and oversight of charter schools 
     and providing technical assistance and grants to authorized 
     public chartering agencies in order to increase the number of 
     high-performing charter schools:  Provided further, That each 
     application submitted pursuant to section 5203(a) shall 
     describe a plan to monitor and hold accountable authorized 
     public chartering agencies through such activities as 
     providing technical assistance or establishing a professional 
     development program, which may include evaluation, planning, 
     training, and systems development for staff of authorized 
     public chartering agencies to improve the capacity of such 
     agencies in the State to authorize, monitor, and hold 
     accountable charter schools:  Provided further, That each 
     application submitted pursuant to section 5203(a) shall 
     contain assurances that State law, regulations, or other 
     policies require that: (1) each authorized charter school in 
     the State operate under a legally binding charter or 
     performance contract between itself and the school's 
     authorized public chartering agency that describes the 
     obligations and responsibilities of the school and the public 
     chartering agency; conduct annual, timely, and independent 
     audits of the school's financial statements that are filed 
     with the school's authorized public chartering agency; and 
     demonstrate improved student academic achievement; and (2) 
     authorized public chartering agencies use increases in 
     student academic achievement for all groups of students 
     described in section 1111(b)(2)(C)(v) of the ESEA as the most 
     important factor when determining to renew or revoke a 
     school's charter.

                 Safe Schools and Citizenship Education

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

                      English Language Acquisition

       For carrying out part A of title III of the ESEA, 
     $733,530,000, which shall become available on July 1, 2012, 
     and shall remain available through September 30, 2013, except 
     that 6.5 percent of such amount shall be available on October 
     1, 2011, and shall remain available through September 30, 
     2013, to carry out activities under section 3111(c)(1)(C):  
     Provided, That the Secretary shall use estimates of the 
     American Community Survey child counts for the most recent 3-
     year period available to calculate allocations under such 
     part.

                           Special Education

       For carrying out the Individuals with Disabilities 
     Education Act (``IDEA'') and the Special Olympics Sport and 
     Empowerment Act of 2004, $12,647,066,000, of which 
     $3,115,716,000 shall become available on July 1, 2012, and 
     shall remain available through September 30, 2013, and of 
     which $9,283,383,000 shall become available on October 1, 
     2012, and shall remain available through September 30, 2013, 
     for academic year 2012-2013:  Provided, That the amount for 
     section 611(b)(2) of the IDEA shall be equal to the lesser of 
     the amount available for that activity during fiscal year 
     2011, increased by the amount of inflation as specified in 
     section 619(d)(2)(B) of the IDEA, or the percent change in 
     the funds appropriated under section 611(i) of the IDEA, but 
     not less than the amount for that activity during fiscal year 
     2011:  Provided further, That $2,000,000, to remain available 
     for obligation through September 30, 2013, shall be for 
     activities aimed at improving the outcomes of children 
     receiving Supplemental Security Income (SSI) and their 
     families, which may include competitive grants to States to 
     improve the provision and coordination of services for SSI 
     child recipients in order to achieve improved health status, 
     including both physical and emotional health, and education 
     and post-school outcomes, including completion of 
     postsecondary education and employment, and to improve 
     services and supports to the families or households of the 
     SSI child recipient, such as education and job training for 
     the parents:  Provided further, That States may award 
     subgrants for a portion of the funds to other public and 
     private, non-profit entities.

            Rehabilitation Services and Disability Research

       For carrying out, to the extent not otherwise provided, the 
     Rehabilitation Act of 1973, the Assistive Technology Act of 
     1998, and the Helen Keller National Center Act, 
     $3,512,019,000:  Provided, That the Secretary may use amounts 
     provided in this Act that remain available subsequent to the 
     reallotment of funds to States pursuant to section 110(b) of 
     the Rehabilitation Act for activities aimed at improving the 
     outcomes of children receiving Supplemental Security Income 
     (SSI) and their families, including competitive grants to 
     States to improve the provision and coordination of services 
     for SSI child recipients in order to achieve improved health 
     status, education and post-school outcomes, including 
     completion of postsecondary education and employment, and to 
     improve services and supports to the family or households of 
     the SSI child recipient, such as education and job training 
     for the parents:  Provided further, That States may award 
     subgrants for a portion of the funds to other public and 
     private, non-profit entities:  Provided further, That any 
     funds made available subsequent to reallotment for activities 
     aimed at improving the outcomes of children receiving SSI and 
     their families shall remain available until September 30, 
     2013:  Provided further, That $2,000,000 shall be for 
     competitive grants to support alternative financing programs 
     that provide for the purchase of assistive

[[Page 20376]]

     technology devices, such as a low-interest loan fund; an 
     interest buy-down program; a revolving loan fund; a loan 
     guarantee; or insurance program:  Provided further, That 
     applicants shall provide an assurance that, and information 
     describing the manner in which, the alternative financing 
     program will expand and emphasize consumer choice and 
     control:  Provided further, That State agencies and 
     community-based disability organizations that are directed by 
     and operated for individuals with disabilities shall be 
     eligible to compete.

           Special Institutions for Persons With Disabilities

                 american printing house for the blind

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

               national technical institute for the deaf

       For the National Technical Institute for the Deaf under 
     titles I and II of the Education of the Deaf Act of 1986, 
     $65,546,000:  Provided, That from the total amount available, 
     the Institute may at its discretion use funds for the 
     endowment program as authorized under section 207 of such 
     Act.

                          gallaudet university

       For the Kendall Demonstration Elementary School, the Model 
     Secondary School for the Deaf, and the partial support of 
     Gallaudet University under titles I and II of the Education 
     of the Deaf Act of 1986, $125,754,000, of which $7,990,000 
     shall be for construction and shall remain available until 
     expended:  Provided, That from the total amount available, 
     the University may at its discretion use funds for the 
     endowment program as authorized under section 207 of such 
     Act.

                 Career, Technical, and Adult Education

       For carrying out, to the extent not otherwise provided, the 
     Carl D. Perkins Career and Technical Education Act of 2006 
     and the Adult Education and Family Literacy Act (referred to 
     in this Act as the ``AEFLA''), $1,738,946,000, of which 
     $947,946,000 shall become available on July 1, 2012, and 
     shall remain available through September 30, 2013, and of 
     which $791,000,000 shall become available on October 1, 2012, 
     and shall remain available through September 30, 2013:  
     Provided, That of the amount provided for Adult Education 
     State Grants, $74,850,000 shall be made available for 
     integrated English literacy and civics education services to 
     immigrants and other limited-English-proficient populations:  
     Provided further, That of the amount reserved for integrated 
     English literacy and civics education, notwithstanding 
     section 211 of the AEFLA, 65 percent shall be allocated to 
     States based on a State's absolute need as determined by 
     calculating each State's share of a 10-year average of the 
     United States Citizenship and Immigration Services data for 
     immigrants admitted for legal permanent residence for the 10 
     most recent years, and 35 percent allocated to States that 
     experienced growth as measured by the average of the 3 most 
     recent years for which United States Citizenship and 
     Immigration Services data for immigrants admitted for legal 
     permanent residence are available, except that no State shall 
     be allocated an amount less than $60,000:  Provided further, 
     That of the amounts made available for AEFLA, $11,323,000 
     shall be for national leadership activities under section 
     243.

                      Student Financial Assistance

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

                       Student Aid Administration

       For Federal administrative expenses to carry out part D of 
     title I, and subparts 1, 3, 4, 9, and 10 of part A, and parts 
     B, C, D, and E of title IV of the HEA, $1,045,363,000, to 
     remain available until September 30, 2013.

                            Higher Education

       For carrying out, to the extent not otherwise provided, 
     titles II, III, IV, V, VI, VII, and VIII of the HEA, the 
     Mutual Educational and Cultural Exchange Act of 1961, and 
     section 117 of the Carl D. Perkins Career and Technical 
     Education Act of 2006, $1,873,196,000:  Provided, That 
     $608,000 shall be for data collection and evaluation 
     activities for programs under the HEA, including such 
     activities needed to comply with the Government Performance 
     and Results Act of 1993:  Provided further, That 
     notwithstanding any other provision of law, funds made 
     available in this Act to carry out title VI of the HEA and 
     section 102(b)(6) of the Mutual Educational and Cultural 
     Exchange Act of 1961 may be used to support visits and study 
     in foreign countries by individuals who are participating in 
     advanced foreign language training and international studies 
     in areas that are vital to United States national security 
     and who plan to apply their language skills and knowledge of 
     these countries in the fields of government, the professions, 
     or international development:  Provided further, That of the 
     funds referred to in the preceding proviso up to 1 percent 
     may be used for program evaluation, national outreach, and 
     information dissemination activities:  Provided further, That 
     notwithstanding any other provision of law, a recipient of a 
     multi-year award under section 316 of the HEA, as that 
     section was in effect prior to the date of enactment of the 
     Higher Education Opportunity Act (referred to in this Act as 
     ``HEOA''), that would have otherwise received a continuation 
     award for fiscal year 2012 under that section, shall receive 
     under section 316, as amended by the HEOA, not less than the 
     amount that such recipient would have received under such a 
     continuation award:  Provided further, That the portion of 
     the funds received under section 316 by a recipient described 
     in the preceding proviso that is equal to the amount of such 
     continuation award shall be used in accordance with the terms 
     of such continuation award.

                           Howard University

       For partial support of Howard University, $234,507,000, of 
     which not less than $3,600,000 shall be for a matching 
     endowment grant pursuant to the Howard University Endowment 
     Act and shall remain available until expended.

         College Housing and Academic Facilities Loans Program

       For Federal administrative expenses to carry out activities 
     related to existing facility loans pursuant to section 121 of 
     the HEA, $460,000.

  Historically Black College and University Capital Financing Program 
                                Account

       For the cost of guaranteed loans, $20,188,000, as 
     authorized pursuant to part D of title III of the HEA:  
     Provided, That such costs, including the cost of modifying 
     such loans, shall be as defined in section 502 of the 
     Congressional Budget Act of 1974:  Provided further, That 
     these funds are available to subsidize total loan principal, 
     any part of which is to be guaranteed, not to exceed 
     $367,255,000:  Provided further, That these funds may be used 
     to support loans to public and private Historically Black 
     Colleges and Universities without regard to the limitations 
     within section 344(a) of the HEA.
       In addition, for administrative expenses to carry out the 
     Historically Black College and University Capital Financing 
     Program entered into pursuant to part D of title III of the 
     HEA, $353,000.

                    Institute of Education Sciences

       For carrying out activities authorized by the Education 
     Sciences Reform Act of 2002, the National Assessment of 
     Educational Progress Authorization Act, section 208 of the 
     Educational Technical Assistance Act of 2002, and section 664 
     of the Individuals with Disabilities Education Act, 
     $594,788,000, which shall remain available through September 
     30, 2013:  Provided, That funds available to carry out 
     section 208 of the Educational Technical Assistance Act may 
     be used to link Statewide elementary and secondary data 
     systems with early childhood, postsecondary, and workforce 
     data systems, or to further develop such systems:  Provided 
     further, That up to $11,000,000 of the funds available to 
     carry out section 208 of the Educational Technical Assistance 
     Act may be used for awards to public or private organizations 
     or agencies to support activities to improve data 
     coordination, quality, and use at the local, State, and 
     national levels.

                        Departmental Management

                         program administration

       For carrying out, to the extent not otherwise provided, the 
     Department of Education Organization Act, including rental of 
     conference rooms in the District of Columbia and hire of 
     three passenger motor vehicles, $447,104,000.

                        office for civil rights

       For expenses necessary for the Office for Civil Rights, as 
     authorized by section 203 of the Department of Education 
     Organization Act, $102,818,000.

                    office of the inspector general

       For expenses necessary for the Office of the Inspector 
     General, as authorized by section 212 of the Department of 
     Education Organization Act, $59,933,000.

                           General Provisions

       Sec. 301.  No funds appropriated in this Act may be used 
     for the transportation of students or teachers (or for the 
     purchase of equipment for such transportation) in order to 
     overcome racial imbalance in any school or school system, or 
     for the transportation of students or teachers (or for the 
     purchase of equipment for such transportation) in order to 
     carry out a plan of racial desegregation of any school or 
     school system.
       Sec. 302.  None of the funds contained in this Act shall be 
     used to require, directly or indirectly, the transportation 
     of any student to a school other than the school which is 
     nearest the student's home, except for a student requiring 
     special education, to the school offering such special 
     education, in order to comply with title VI of the Civil 
     Rights Act of 1964. For the purpose of this section an 
     indirect requirement of transportation of students includes 
     the transportation of students to carry out a plan involving 
     the reorganization of the grade structure of schools, the 
     pairing of schools, or the clustering of schools, or any 
     combination of grade restructuring, pairing, or clustering. 
     The prohibition described in this section does not include 
     the establishment of magnet schools.
       Sec. 303.  No funds appropriated in this Act may be used to 
     prevent the implementation of programs of voluntary prayer 
     and meditation in the public schools.

                          (transfer of funds)

       Sec. 304.  Not to exceed 1 percent of any discretionary 
     funds (pursuant to the Balanced Budget and Emergency Deficit 
     Control Act of 1985) which are appropriated for the 
     Department of Education in this Act may be transferred 
     between appropriations, but no such appropriation shall be 
     increased by more than 3 percent by any such transfer:  
     Provided, That the transfer authority granted by this section 
     shall not be used to create any new program or to fund any

[[Page 20377]]

     project or activity for which no funds are provided in this 
     Act:  Provided further, That the Committees on Appropriations 
     of the House of Representatives and the Senate are notified 
     at least 15 days in advance of any transfer.
       Sec. 305.  The Outlying Areas may consolidate funds 
     received under this Act, pursuant to 48 U.S.C. 1469a, under 
     part A of title V of the ESEA.
       Sec. 306.  Section 105(f)(1)(B)(ix) of the Compact of Free 
     Association Amendments Act of 2003 (48 U.S.C. 
     1921d(f)(1)(B)(ix)) shall be applied by substituting ``2012'' 
     for ``2009''.
       Sec. 307. (a) Notwithstanding any other provision of law, 
     the Secretary is authorized to modify the terms and 
     conditions of gulf hurricane disaster loans to affected 
     institutions pursuant to section 2601 of Public Law 109-234 
     using the authority provided herein, on such terms as the 
     Secretary, the Secretary of the Treasury, and the Director of 
     the Office of Management and Budget jointly determine are in 
     the best interests of both the United States and the 
     borrowers, and necessary to mitigate the economic effects of 
     Hurricanes Katrina and Rita. Any modification under this 
     section shall not result in any net cost to the Federal 
     Government, as jointly determined by the Secretary, the 
     Secretary of the Treasury, and the Director of the Office of 
     Management and Budget, beginning on the date on which the 
     Secretary modifies a loan under this section.
       (b)  Federal Register Notice.--The Secretary, the Secretary 
     of the Treasury, and the Director of the Office of Management 
     and Budget, shall jointly publish a notice in the Federal 
     Register prior to any modification of loans under paragraph 
     (a) that--
       (1) establishes the terms and conditions governing the 
     modifications authorized by paragraph (a);
       (2) includes an outline of the methodology and factors that 
     the Secretary, the Secretary of the Treasury, and the 
     Director of the Office of Management and Budget, will jointly 
     consider in evaluating the modification of the loans made 
     under this title; and
       (3) describes how the use of such methodology and 
     consideration of such factors used to determine the 
     modifications will ensure that loan modifications do not 
     result in any net cost to the Federal Government.
       (c) Fees.--An affected institution that receives a 
     modification to its disaster loan pursuant to section 2601 of 
     Public Law 109-234 shall pay a fee to the Secretary which 
     shall be credited to the HBCU Hurricane Supplemental Loan 
     Program. Such fees shall remain available without fiscal year 
     limitation to pay the modification costs. The amount of the 
     fee paid shall be equal to the modification cost as jointly 
     determined by the Secretary, the Secretary of the Treasury, 
     and the Director of the Office of Management and Budget, 
     calculated in accordance with section 502 of the Federal 
     Credit Reform Act of 1990, as amended, of such loan.
       Sec. 308.  Section 14006(c)(2) of division A of the 
     American Recovery and Reinvestment Act of 2009 (as amended by 
     section 1832(b) of division B of Public Law 112-10) is 
     amended by inserting before the period, ``except that such a 
     State may use its grant funds to make subgrants to public or 
     private agencies and organizations for activities consistent 
     with the purposes of the grant''.
       Sec. 309. (a) Federal Pell Grant Eligibility.--
       (1) Minimum level.--Section 401(b)(4) of the HEA (20 U.S.C. 
     1070a(b)(4)) is amended by striking ``, except that'' and all 
     that follows and inserting a period.
       (2) Duration of award period.--Section 401(c)(5) of the HEA 
     (20 U.S.C. 1070a(c)(5)) is amended--
       (A) by striking ``18'' each place it appears and inserting 
     ``12''; and
       (B) by striking the last sentence.
       (b) Zero Expected Family Contribution.--Section 479(c) of 
     the HEA (20 U.S.C. 1087ss(c)) is amended--
       (1) in paragraph (1)(B), by striking ``$30,000'' and 
     inserting ``$23,000''; and
       (2) in paragraph (2)(B), by striking ``$30,000'' and 
     inserting ``$23,000''.
       (c) Students Who Are Not High School Graduates.--
       (1) Amendment.--Section 484(d) of the HEA (20 U.S.C. 
     1091(d)) is amended--
       (A) in the matter preceding paragraph (1), by striking 
     ``meet one of the following standards:'';
       (B) by striking paragraphs (1), (2), and (4); and
       (C) in paragraph (3), by striking ``(3) The student has'' 
     and inserting ``have''; and
       (2) Transition.--The amendment made by paragraph (1) shall 
     apply to students who first enroll in a program of study on 
     or after July 1, 2012.
       (3) Conforming change.--Section 101(a)(1) of the HEA (20 
     U.S.C. 1001(a)(1) is amended by striking ``section 
     484(d)(3)'' and inserting ``section 484(d)''.
       (d) Temporary Elimination of Interest Subsidy During 
     Student Loan Grace Period.--
       (1) Section 428(a)(3)(A)(i)(I) of the HEA (20 U.S.C. 
     1078(a)(3)(A)(i)(I)) is amended to read as follows:

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

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

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

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

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

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

[[Page 20378]]



                                TITLE IV

                            RELATED AGENCIES

 Committee for Purchase From People Who Are Blind or Severely Disabled

                         salaries and expenses

       For expenses necessary for the Committee for Purchase From 
     People Who Are Blind or Severely Disabled established by 
     Public Law 92-28, $5,385,000.

             Corporation for National and Community Service

                           operating expenses

       For necessary expenses for the Corporation for National and 
     Community Service (referred to in this title as ``CNCS'') to 
     carry out the Domestic Volunteer Service Act of 1973 
     (referred to in this title as ``1973 Act'') and the National 
     and Community Service Act of 1990 (referred to in this title 
     as ``1990 Act''), $751,672,000, notwithstanding sections 
     198B(b)(3), 198S(g), 501(a)(4)(C), and 501(a)(4)(F) of the 
     1990 Act:  Provided, That of the amounts provided under this 
     heading: (1) up to 1 percent of program grant funds may be 
     used to defray the costs of conducting grant application 
     reviews, including the use of outside peer reviewers and 
     electronic management of the grants cycle; (2) $44,900,000 
     shall be available for expenses authorized under section 
     501(a)(4)(E) of the 1990 Act; (3) $2,000,000 shall be 
     available for expenses to carry out sections 112(e), 179A, 
     and 198O and subtitle J of title I of the 1990 Act, 
     notwithstanding section 501(a)(6) of the 1990 Act; (4) 
     $13,466,000 shall be available to provide assistance to State 
     commissions on national and community service, under section 
     126(a) of the 1990 Act and notwithstanding section 
     501(a)(5)(B) of the 1990 Act; (5) $31,942,000 shall be 
     available to carry out subtitle E of the 1990 Act; and (6) 
     $3,992,000 shall be available for expenses authorized under 
     section 501(a)(4)(F) of the 1990 Act, which, notwithstanding 
     the provisions of section 198P shall be awarded by CNCS on a 
     competitive basis:  Provided further, That, with respect to 
     amounts provided under this heading for State Service 
     Commissions, section 126 of the 1990 Act shall be applied by 
     substituting ``$200,000'' for ``$250,000'' each place that it 
     appears.

                         national service trust

                     (including transfer of funds)

       For necessary expenses for the National Service Trust 
     established under subtitle D of title I of the 1990 Act, 
     $212,198,000, to remain available until expended:  Provided, 
     That CNCS may transfer additional funds from the amount 
     provided within ``Operating Expenses'' allocated to grants 
     under subtitle C of title I of the 1990 Act to the National 
     Service Trust upon determination that such transfer is 
     necessary to support the activities of national service 
     participants and after notice is transmitted to the 
     Committees on Appropriations of the House of Representatives 
     and the Senate:  Provided further, That amounts appropriated 
     for or transferred to the National Service Trust may be 
     invested under section 145(b) of the 1990 Act without regard 
     to the requirement to apportion funds under 31 U.S.C. 
     1513(b).

                         salaries and expenses

       For necessary expenses of administration as provided under 
     section 501(a)(5) of the 1990 Act and under section 504(a) of 
     the 1973 Act, including payment of salaries, authorized 
     travel, hire of passenger motor vehicles, the rental of 
     conference rooms in the District of Columbia, the employment 
     of experts and consultants authorized under 5 U.S.C. 3109, 
     and not to exceed $2,500 for official reception and 
     representation expenses, $83,000,000.

                      office of inspector general

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

                       administrative provisions

       Sec. 401.  CNCS shall make any significant changes to 
     program requirements, service delivery or policy only through 
     public notice and comment rulemaking. For fiscal year 2012, 
     during any grant selection process, an officer or employee of 
     CNCS shall not knowingly disclose any covered grant selection 
     information regarding such selection, directly or indirectly, 
     to any person other than an officer or employee of CNCS that 
     is authorized by CNCS to receive such information.
       Sec. 402.  AmeriCorps programs receiving grants under the 
     National Service Trust program shall meet an overall minimum 
     share requirement of 24 percent for the first 3 years that 
     they receive AmeriCorps funding, and thereafter shall meet 
     the overall minimum share requirement as provided in section 
     2521.60 of title 45, Code of Federal Regulations, without 
     regard to the operating costs match requirement in section 
     121(e) or the member support Federal share limitations in 
     section 140 of the 1990 Act, and subject to partial waiver 
     consistent with section 2521.70 of title 45, Code of Federal 
     Regulations.
       Sec. 403.  Donations made to CNCS under section 196 of the 
     1990 Act for the purposes of financing programs and 
     operations under titles I and II of the 1973 Act or subtitle 
     B, C, D, or E of title I of the 1990 Act shall be used to 
     supplement and not supplant current programs and operations.
       Sec. 404.  In addition to the requirements in section 
     146(a) of the 1990 Act, use of an educational award for the 
     purpose described in section 148(a)(4) shall be limited to 
     individuals who are veterans as defined under section 101 of 
     the Act.

                  Corporation for Public Broadcasting

       For payment to the Corporation for Public Broadcasting 
     (referred to in this Act as ``CPB''), as authorized by the 
     Communications Act of 1934, an amount which shall be 
     available within limitations specified by that Act, for the 
     fiscal year 2014, $445,000,000:  Provided, That none of the 
     funds made available to CPB by this Act shall be used to pay 
     for receptions, parties, or similar forms of entertainment 
     for Government officials or employees:  Provided further, 
     That none of the funds made available to CPB by this Act 
     shall be available or used to aid or support any program or 
     activity from which any person is excluded, or is denied 
     benefits, or is discriminated against, on the basis of race, 
     color, national origin, religion, or sex:  Provided further, 
     That none of the funds made available to CPB by this Act 
     shall be used to apply any political test or qualification in 
     selecting, appointing, promoting, or taking any other 
     personnel action with respect to officers, agents, and 
     employees of CPB:  Provided further, That none of the funds 
     made available to CPB by this Act shall be used to support 
     the Television Future Fund or any similar purpose.

               Federal Mediation and Conciliation Service

                         salaries and expenses

       For expenses necessary for the Federal Mediation and 
     Conciliation Service (``Service'') to carry out the functions 
     vested in it by the Labor-Management Relations Act, 1947, 
     including hire of passenger motor vehicles; for expenses 
     necessary for the Labor-Management Cooperation Act of 1978; 
     and for expenses necessary for the Service to carry out the 
     functions vested in it by the Civil Service Reform Act, 
     $46,250,000:  Provided, That notwithstanding 31 U.S.C. 3302, 
     fees charged, up to full-cost recovery, for special training 
     activities and other conflict resolution services and 
     technical assistance, including those provided to foreign 
     governments and international organizations, and for 
     arbitration services shall be credited to and merged with 
     this account, and shall remain available until expended:  
     Provided further, That fees for arbitration services shall be 
     available only for education, training, and professional 
     development of the agency workforce:  Provided further, That 
     the Director of the Service is authorized to accept and use 
     on behalf of the United States gifts of services and real, 
     personal, or other property in the aid of any projects or 
     functions within the Director's jurisdiction.

            Federal Mine Safety and Health Review Commission

                         salaries and expenses

       For expenses necessary for the Federal Mine Safety and 
     Health Review Commission, $17,637,000.

                Institute of Museum and Library Services

    office of museum and library services: grants and administration

       For carrying out the Museum and Library Services Act of 
     1996 and the National Museum of African American History and 
     Culture Act, $232,393,000.

            Medicaid and CHIP Payment and Access Commission

                         salaries and expenses

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

                  Medicare Payment Advisory Commission

                         salaries and expenses

       For expenses necessary to carry out section 1805 of the 
     Social Security Act, $11,800,000, to be transferred to this 
     appropriation from the Federal Hospital Insurance Trust Fund 
     and the Federal Supplementary Medical Insurance Trust Fund.

                     National Council on Disability

                         salaries and expenses

       For expenses necessary for the National Council on 
     Disability as authorized by title IV of the Rehabilitation 
     Act of 1973, $3,264,000.

                     National Labor Relations Board

                         salaries and expenses

       For expenses necessary for the National Labor Relations 
     Board to carry out the functions vested in it by the Labor-
     Management Relations Act, 1947, and other laws, $278,833,000: 
      Provided, That no part of this appropriation shall be 
     available to organize or assist in organizing agricultural 
     laborers or used in connection with investigations, hearings, 
     directives, or orders concerning bargaining units composed of 
     agricultural laborers as referred to in section 2(3) of the 
     Act of July 5, 1935, and as amended by the Labor-Management 
     Relations Act, 1947, and as defined in section 3(f) of the 
     Act of June 25, 1938, and including in said definition 
     employees engaged in the maintenance and operation of 
     ditches, canals, reservoirs, and waterways when maintained or 
     operated on a mutual, nonprofit basis and at least 95 percent 
     of the water stored or supplied thereby is used for farming 
     purposes.

                        administrative provision

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

[[Page 20379]]



                        National Mediation Board

                         salaries and expenses

       For expenses necessary to carry out the provisions of the 
     Railway Labor Act, including emergency boards appointed by 
     the President, $13,436,000.

            Occupational Safety and Health Review Commission

                         salaries and expenses

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

                       Railroad Retirement Board

                     dual benefits payments account

       For payment to the Dual Benefits Payments Account, 
     authorized under section 15(d) of the Railroad Retirement Act 
     of 1974, $51,000,000, which shall include amounts becoming 
     available in fiscal year 2012 pursuant to section 
     224(c)(1)(B) of Public Law 98-76; and in addition, an amount, 
     not to exceed 2 percent of the amount provided herein, shall 
     be available proportional to the amount by which the product 
     of recipients and the average benefit received exceeds the 
     amount available for payment of vested dual benefits:  
     Provided, That the total amount provided herein shall be 
     credited in 12 approximately equal amounts on the first day 
     of each month in the fiscal year.

          federal payments to the railroad retirement accounts

       For payment to the accounts established in the Treasury for 
     the payment of benefits under the Railroad Retirement Act for 
     interest earned on unnegotiated checks, $150,000, to remain 
     available through September 30, 2013, which shall be the 
     maximum amount available for payment pursuant to section 417 
     of Public Law 98-76.

                      limitation on administration

       For necessary expenses for the Railroad Retirement Board 
     (``Board'') for administration of the Railroad Retirement Act 
     and the Railroad Unemployment Insurance Act, $108,855,000, to 
     be derived in such amounts as determined by the Board from 
     the railroad retirement accounts and from moneys credited to 
     the railroad unemployment insurance administration fund.

             limitation on the office of inspector general

       For expenses necessary for the Office of Inspector General 
     for audit, investigatory and review activities, as authorized 
     by the Inspector General Act of 1978, not more than 
     $8,170,000, to be derived from the railroad retirement 
     accounts and railroad unemployment insurance account.

                     Social Security Administration

                payments to social security trust funds

       For payment to the Federal Old-Age and Survivors Insurance 
     Trust Fund and the Federal Disability Insurance Trust Fund, 
     as provided under sections 201(m), 228(g), and 1131(b)(2) of 
     the Social Security Act, $20,404,000.

                  supplemental security income program

       For carrying out titles XI and XVI of the Social Security 
     Act, section 401 of Public Law 92-603, section 212 of Public 
     Law 93-66, as amended, and section 405 of Public Law 95-216, 
     including payment to the Social Security trust funds for 
     administrative expenses incurred pursuant to section 
     201(g)(1) of the Social Security Act, $37,582,991,000, to 
     remain available until expended:  Provided, That any portion 
     of the funds provided to a State in the current fiscal year 
     and not obligated by the State during that year shall be 
     returned to the Treasury:  Provided further, That not more 
     than $8,000,000 shall be available for research and 
     demonstrations under sections 1110 and 1144 of the Social 
     Security Act and remain available through September 30, 2013.
       For making, after June 15 of the current fiscal year, 
     benefit payments to individuals under title XVI of the Social 
     Security Act, for unanticipated costs incurred for the 
     current fiscal year, such sums as may be necessary.
       For making benefit payments under title XVI of the Social 
     Security Act for the first quarter of fiscal year 2013, 
     $18,200,000,000, to remain available until expended.

                 limitation on administrative expenses

       For necessary expenses, including the hire of two passenger 
     motor vehicles, and not to exceed $20,000 for official 
     reception and representation expenses, not more than 
     $10,555,494,000 may be expended, as authorized by section 
     201(g)(1) of the Social Security Act, from any one or all of 
     the trust funds referred to in such section:  Provided, That 
     not less than $2,150,000 shall be for the Social Security 
     Advisory Board:  Provided further, That unobligated balances 
     of funds provided under this paragraph at the end of fiscal 
     year 2012 not needed for fiscal year 2012 shall remain 
     available until expended to invest in the Social Security 
     Administration information technology and telecommunications 
     hardware and software infrastructure, including related 
     equipment and non-payroll administrative expenses associated 
     solely with this information technology and 
     telecommunications infrastructure:  Provided further, That 
     the Commissioner of Social Security shall notify the 
     Committees on Appropriations of the House of Representatives 
     and the Senate prior to making unobligated balances available 
     under the authority in the previous proviso:  Provided 
     further, That reimbursement to the trust funds under this 
     heading for expenditures for official time for employees of 
     the Social Security Administration pursuant to 5 U.S.C. 7131, 
     and for facilities or support services for labor 
     organizations pursuant to policies, regulations, or 
     procedures referred to in section 7135(b) of such title shall 
     be made by the Secretary of the Treasury, with interest, from 
     amounts in the general fund not otherwise appropriated, as 
     soon as possible after such expenditures are made.
       In addition, for continuing disability reviews under titles 
     II and XVI of the Social Security Act and for the cost 
     associated with conducting redeterminations of eligibility 
     under title XVI of the Social Security Act, $274,000,000 may 
     be expended, as authorized by section 201(g)(1) of the Social 
     Security Act, from any one or all of the trust funds referred 
     to therein: Provided, That the Commissioner shall provide to 
     the Congress (at the conclusion of the fiscal year) a report 
     on the obligation and expenditure of these funds, similar to 
     the reports that were required by section 103(d)(2) of Public 
     Law 104-121 for fiscal years 1996 through 2002.
       In addition, $161,000,000 to be derived from administration 
     fees in excess of $5.00 per supplementary payment collected 
     pursuant to section 1616(d) of the Social Security Act or 
     section 212(b)(3) of Public Law 93-66, which shall remain 
     available until expended. To the extent that the amounts 
     collected pursuant to such sections in fiscal year 2012 
     exceed $161,000,000, the amounts shall be available in fiscal 
     year 2013 only to the extent provided in advance in 
     appropriations Acts.
       In addition, up to $1,000,000 to be derived from fees 
     collected pursuant to section 303(c) of the Social Security 
     Protection Act, which shall remain available until expended.

                      office of inspector general

                     (including transfer of funds)

       For expenses necessary for the Office of Inspector General 
     in carrying out the provisions of the Inspector General Act 
     of 1978, $28,942,000, together with not to exceed 
     $73,535,000, to be transferred and expended as authorized by 
     section 201(g)(1) of the Social Security Act from the Federal 
     Old-Age and Survivors Insurance Trust Fund and the Federal 
     Disability Insurance Trust Fund.
       In addition, an amount not to exceed 3 percent of the total 
     provided in this appropriation may be transferred from the 
     ``Limitation on Administrative Expenses'', Social Security 
     Administration, to be merged with this account, to be 
     available for the time and purposes for which this account is 
     available:  Provided, That notice of such transfers shall be 
     transmitted promptly to the Committees on Appropriations of 
     the House of Representatives and the Senate at least 15 days 
     in advance of any transfer.

                                TITLE V

                           GENERAL PROVISIONS

                          (transfer of funds)

       Sec. 501.  The Secretaries of Labor, Health and Human 
     Services, and Education are authorized to transfer unexpended 
     balances of prior appropriations to accounts corresponding to 
     current appropriations provided in this Act. Such transferred 
     balances shall be used for the same purpose, and for the same 
     periods of time, for which they were originally appropriated.
       Sec. 502.  No part of any appropriation contained in this 
     Act shall remain available for obligation beyond the current 
     fiscal year unless expressly so provided herein.
       Sec. 503. (a) No part of any appropriation contained in 
     this Act or transferred pursuant to section 4002 of Public 
     Law 111-148 shall be used, other than for normal and 
     recognized executive-legislative relationships, for publicity 
     or propaganda purposes, for the preparation, distribution, or 
     use of any kit, pamphlet, booklet, publication, electronic 
     communication, radio, television, or video presentation 
     designed to support or defeat the enactment of legislation 
     before the Congress or any State or local legislature or 
     legislative body, except in presentation to the Congress or 
     any State or local legislature itself, or designed to support 
     or defeat any proposed or pending regulation, administrative 
     action, or order issued by the executive branch of any State 
     or local government, except in presentation to the executive 
     branch of any State or local government itself.
       (b) No part of any appropriation contained in this Act or 
     transferred pursuant to section 4002 of Public Law 111-148 
     shall be used to pay the salary or expenses of any grant or 
     contract recipient, or agent acting for such recipient, 
     related to any activity designed to influence the enactment 
     of legislation, appropriations, regulation, administrative 
     action, or Executive order proposed or pending before the 
     Congress or any State government, State legislature or local 
     legislature or legislative body, other than for normal and 
     recognized executive-legislative relationships or 
     participation by an agency or officer of a State, local or 
     tribal government in policymaking and administrative 
     processes within the executive branch of that government.
       (c) The prohibitions in subsections (a) and (b) shall 
     include any activity to advocate or promote any proposed, 
     pending or future Federal, State or local tax increase, or 
     any proposed, pending, or future requirement or restriction 
     on any legal consumer product, including its sale or 
     marketing, including but not limited to the advocacy or 
     promotion of gun control.
       Sec. 504.  The Secretaries of Labor and Education are 
     authorized to make available not to exceed $28,000 and 
     $20,000, respectively, from funds available for salaries and 
     expenses under titles I and III, respectively, for official 
     reception and representation expenses; the Director of the 
     Federal Mediation and Conciliation Service is authorized to 
     make available for official reception and representation 
     expenses not to exceed $5,000 from the funds available for 
     ``Federal Mediation and Conciliation Service, Salaries and 
     Expenses''; and the Chairman of the

[[Page 20380]]

     National Mediation Board is authorized to make available for 
     official reception and representation expenses not to exceed 
     $5,000 from funds available for ``National Mediation Board, 
     Salaries and Expenses''.
       Sec. 505.  When issuing statements, press releases, 
     requests for proposals, bid solicitations and other documents 
     describing projects or programs funded in whole or in part 
     with Federal money, all grantees receiving Federal funds 
     included in this Act, including but not limited to State and 
     local governments and recipients of Federal research grants, 
     shall clearly state--
       (1) the percentage of the total costs of the program or 
     project which will be financed with Federal money;
       (2) the dollar amount of Federal funds for the project or 
     program; and
       (3) percentage and dollar amount of the total costs of the 
     project or program that will be financed by non-governmental 
     sources.
       Sec. 506. (a) None of the funds appropriated in this Act, 
     and none of the funds in any trust fund to which funds are 
     appropriated in this Act, shall be expended for any abortion.
       (b) None of the funds appropriated in this Act, and none of 
     the funds in any trust fund to which funds are appropriated 
     in this Act, shall be expended for health benefits coverage 
     that includes coverage of abortion.
       (c) The term ``health benefits coverage'' means the package 
     of services covered by a managed care provider or 
     organization pursuant to a contract or other arrangement.
       Sec. 507. (a) The limitations established in the preceding 
     section shall not apply to an abortion--
       (1) if the pregnancy is the result of an act of rape or 
     incest; or
       (2) in the case where a woman suffers from a physical 
     disorder, physical injury, or physical illness, including a 
     life-endangering physical condition caused by or arising from 
     the pregnancy itself, that would, as certified by a 
     physician, place the woman in danger of death unless an 
     abortion is performed.
       (b) Nothing in the preceding section shall be construed as 
     prohibiting the expenditure by a State, locality, entity, or 
     private person of State, local, or private funds (other than 
     a State's or locality's contribution of Medicaid matching 
     funds).
       (c) Nothing in the preceding section shall be construed as 
     restricting the ability of any managed care provider from 
     offering abortion coverage or the ability of a State or 
     locality to contract separately with such a provider for such 
     coverage with State funds (other than a State's or locality's 
     contribution of Medicaid matching funds).
       (d)(1) None of the funds made available in this Act may be 
     made available to a Federal agency or program, or to a State 
     or local government, if such agency, program, or government 
     subjects any institutional or individual health care entity 
     to discrimination on the basis that the health care entity 
     does not provide, pay for, provide coverage of, or refer for 
     abortions.
       (2) In this subsection, the term ``health care entity'' 
     includes an individual physician or other health care 
     professional, a hospital, a provider-sponsored organization, 
     a health maintenance organization, a health insurance plan, 
     or any other kind of health care facility, organization, or 
     plan.
       Sec. 508. (a) None of the funds made available in this Act 
     may be used for--
       (1) the creation of a human embryo or embryos for research 
     purposes; or
       (2) research in which a human embryo or embryos are 
     destroyed, discarded, or knowingly subjected to risk of 
     injury or death greater than that allowed for research on 
     fetuses in utero under 45 CFR 46.204(b) and section 498(b) of 
     the Public Health Service Act (42 U.S.C. 289g(b)).
       (b) For purposes of this section, the term ``human embryo 
     or embryos'' includes any organism, not protected as a human 
     subject under 45 CFR 46 as of the date of the enactment of 
     this Act, that is derived by fertilization, parthenogenesis, 
     cloning, or any other means from one or more human gametes or 
     human diploid cells.
       Sec. 509. (a) None of the funds made available in this Act 
     may be used for any activity that promotes the legalization 
     of any drug or other substance included in schedule I of the 
     schedules of controlled substances established under section 
     202 of the Controlled Substances Act except for normal and 
     recognized executive-congressional communications.
       (b) The limitation in subsection (a) shall not apply when 
     there is significant medical evidence of a therapeutic 
     advantage to the use of such drug or other substance or that 
     federally sponsored clinical trials are being conducted to 
     determine therapeutic advantage.
       Sec. 510.  None of the funds made available in this Act may 
     be used to promulgate or adopt any final standard under 
     section 1173(b) of the Social Security Act providing for, or 
     providing for the assignment of, a unique health identifier 
     for an individual (except in an individual's capacity as an 
     employer or a health care provider), until legislation is 
     enacted specifically approving the standard.
       Sec. 511.  None of the funds made available in this Act may 
     be obligated or expended to enter into or renew a contract 
     with an entity if--
       (1) such entity is otherwise a contractor with the United 
     States and is subject to the requirement in 38 U.S.C. 4212(d) 
     regarding submission of an annual report to the Secretary of 
     Labor concerning employment of certain veterans; and
       (2) such entity has not submitted a report as required by 
     that section for the most recent year for which such 
     requirement was applicable to such entity.
       Sec. 512.  None of the funds made available in this Act may 
     be transferred to any department, agency, or instrumentality 
     of the United States Government, except pursuant to a 
     transfer made by, or transfer authority provided in, this Act 
     or any other appropriation Act.
       Sec. 513.  None of the funds made available by this Act to 
     carry out the Library Services and Technology Act may be made 
     available to any library covered by paragraph (1) of section 
     224(f) of such Act, as amended by the Children's Internet 
     Protection Act, unless such library has made the 
     certifications required by paragraph (4) of such section.
       Sec. 514.  None of the funds made available by this Act to 
     carry out part D of title II of the Elementary and Secondary 
     Education Act of 1965 may be made available to any elementary 
     or secondary school covered by paragraph (1) of section 
     2441(a) of such Act, as amended by the Children's Internet 
     Protection Act and the No Child Left Behind Act, unless the 
     local educational agency with responsibility for such covered 
     school has made the certifications required by paragraph (2) 
     of such section.
       Sec. 515. (a) None of the funds provided under this Act, or 
     provided under previous appropriations Acts to the agencies 
     funded by this Act that remain available for obligation or 
     expenditure in fiscal year 2012, or provided from any 
     accounts in the Treasury of the United States derived by the 
     collection of fees available to the agencies funded by this 
     Act, shall be available for obligation or expenditure through 
     a reprogramming of funds that--
       (1) creates new programs;
       (2) eliminates a program, project, or activity;
       (3) increases funds or personnel by any means for any 
     project or activity for which funds have been denied or 
     restricted;
       (4) relocates an office or employees;
       (5) reorganizes or renames offices;
       (6) reorganizes programs or activities; or
       (7) contracts out or privatizes any functions or activities 
     presently performed by Federal employees;

     unless the Committees on Appropriations of the House of 
     Representatives and the Senate are notified 15 days in 
     advance of such reprogramming or of an announcement of intent 
     relating to such reprogramming, whichever occurs earlier.
       (b) None of the funds provided under this Act, or provided 
     under previous appropriations Acts to the agencies funded by 
     this Act that remain available for obligation or expenditure 
     in fiscal year 2012, or provided from any accounts in the 
     Treasury of the United States derived by the collection of 
     fees available to the agencies funded by this Act, shall be 
     available for obligation or expenditure through a 
     reprogramming of funds in excess of $500,000 or 10 percent, 
     whichever is less, that--
       (1) augments existing programs, projects (including 
     construction projects), or activities;
       (2) reduces by 10 percent funding for any existing program, 
     project, or activity, or numbers of personnel by 10 percent 
     as approved by Congress; or
       (3) results from any general savings from a reduction in 
     personnel which would result in a change in existing 
     programs, activities, or projects as approved by Congress;
     unless the Committees on Appropriations of the House of 
     Representatives and the Senate are notified 15 days in 
     advance of such reprogramming or of an announcement of intent 
     relating to such reprogramming, whichever occurs earlier.
       Sec. 516. (a) None of the funds made available in this Act 
     may be used to request that a candidate for appointment to a 
     Federal scientific advisory committee disclose the political 
     affiliation or voting history of the candidate or the 
     position that the candidate holds with respect to political 
     issues not directly related to and necessary for the work of 
     the committee involved.
       (b) None of the funds made available in this Act may be 
     used to disseminate information that is deliberately false or 
     misleading.
       Sec. 517.  Within 45 days of enactment of this Act, each 
     department and related agency funded through this Act shall 
     submit an operating plan that details at the program, 
     project, and activity level any funding allocations for 
     fiscal year 2012 that are different than those specified in 
     this Act, the accompanying detailed table in the statement of 
     the managers on the conference report accompanying this Act, 
     or the fiscal year 2012 budget request.
       Sec. 518.  The Secretaries of Labor, Health and Human 
     Services, and Education shall each prepare and submit to the 
     Committees on Appropriations of the House of Representatives 
     and the Senate a report on the number and amount of 
     contracts, grants, and cooperative agreements exceeding 
     $500,000 in value and awarded by the Department on a non-
     competitive basis during each quarter of fiscal year 2012, 
     but not to include grants awarded on a formula basis or 
     directed by law. Such report shall include the name of the 
     contractor or grantee, the amount of funding, the 
     governmental purpose, including a justification for issuing 
     the award on a non-competitive basis. Such report shall be 
     transmitted to the Committees within 30 days after the end of 
     the quarter for which the report is submitted.
       Sec. 519.  None of the funds appropriated or otherwise made 
     available by this Act may be used to enter into a contract in 
     an amount greater than $5,000,000 or to award a grant in 
     excess of such amount unless the prospective contractor or 
     grantee certifies in writing to the agency awarding the 
     contract or grant that, to the best of its knowledge and 
     belief, the contractor or grantee has filed all Federal tax 
     returns required during the 3 years preceding the

[[Page 20381]]

     certification, has not been convicted of a criminal offense 
     under the Internal Revenue Code of 1986, and has not, more 
     than 90 days prior to certification, been notified of any 
     unpaid Federal tax assessment for which the liability remains 
     unsatisfied, unless the assessment is the subject of an 
     installment agreement or offer in compromise that has been 
     approved by the Internal Revenue Service and is not in 
     default, or the assessment is the subject of a non-frivolous 
     administrative or judicial proceeding.
       Sec. 520.  None of the funds appropriated in this Act shall 
     be expended or obligated by the Commissioner of Social 
     Security, for purposes of administering Social Security 
     benefit payments under title II of the Social Security Act, 
     to process any claim for credit for a quarter of coverage 
     based on work performed under a social security account 
     number that is not the claimant's number and the performance 
     of such work under such number has formed the basis for a 
     conviction of the claimant of a violation of section 
     208(a)(6) or (7) of the Social Security Act.
       Sec. 521.  None of the funds appropriated by this Act may 
     be used by the Commissioner of Social Security or the Social 
     Security Administration to pay the compensation of employees 
     of the Social Security Administration to administer Social 
     Security benefit payments, under any agreement between the 
     United States and Mexico establishing totalization 
     arrangements between the social security system established 
     by title II of the Social Security Act and the social 
     security system of Mexico, which would not otherwise be 
     payable but for such agreement.

                              (rescission)

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

                              (rescission)

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

                              (rescission)

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

        DIVISION G--LEGISLATIVE BRANCH APPROPRIATIONS ACT, 2012

                                TITLE I

                           LEGISLATIVE BRANCH

                                 SENATE

                           Expense Allowances

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

    Representation Allowances for the Majority and Minority Leaders

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

                    Salaries, Officers and Employees

       For compensation of officers, employees, and others as 
     authorized by law, including agency contributions, 
     $175,763,738, which shall be paid from this appropriation 
     without regard to the following limitations:

                      office of the vice president

       For the Office of the Vice President, $2,361,248.

                  office of the president pro tempore

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

              offices of the majority and minority leaders

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

               offices of the majority and minority whips

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

                      committee on appropriations

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

                         conference committees

       For the Conference of the Majority and the Conference of 
     the Minority, at rates of compensation to be fixed by the 
     Chairman of each such committee, $1,619,195 for each such 
     committee; in all, $3,238,390.

 offices of the secretaries of the conference of the majority and the 
                       conference of the minority

       For Offices of the Secretaries of the Conference of the 
     Majority and the Conference of the Minority, $797,402.

                           policy committees

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

                         office of the chaplain

       For Office of the Chaplain, $405,886.

                        office of the secretary

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

             office of the sergeant at arms and doorkeeper

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

        offices of the secretaries for the majority and minority

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

               agency contributions and related expenses

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

            Office of the Legislative Counsel of the Senate

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

                     Office of Senate Legal Counsel

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

Expense Allowances of the Secretary of the Senate, Sergeant at Arms and 
Doorkeeper of the Senate, and Secretaries for the Majority and Minority 
                             of the Senate

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

                   Contingent Expenses of the Senate

                      inquiries and investigations

       For expenses of inquiries and investigations ordered by the 
     Senate, or conducted under paragraph 1 of rule XXVI of the 
     Standing Rules of the Senate, section 112 of the Supplemental 
     Appropriations and Rescission Act, 1980 (Public Law 96-304), 
     and Senate Resolution 281, 96th Congress, agreed to March 11, 
     1980, $131,305,860, of which $26,650,000 shall be available 
     until September 30, 2014.

expenses of the united states senate caucus on international narcotics 
                                control

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

                        secretary of the senate

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

             sergeant at arms and doorkeeper of the senate

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

                          miscellaneous items

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

        senators' official personnel and office expense account

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

                          official mail costs

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

                        administrative provision

                      payment of certain expenses

       Sec. 1. (a) In General.--Subject to the approval of the 
     Committee on Appropriations of

[[Page 20382]]

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

                        HOUSE OF REPRESENTATIVES

                         Salaries and Expenses

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

                        house leadership offices

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

                  Members' Representational Allowances

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

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

                          Committee Employees

                Standing Committees, Special and Select

       For salaries and expenses of standing committees, special 
     and select, authorized by House resolutions, $125,964,870:  
     Provided, That such amount shall remain available for such 
     salaries and expenses until December 31, 2012.

                      Committee on Appropriations

       For salaries and expenses of the Committee on 
     Appropriations, $26,665,785, including studies and 
     examinations of executive agencies and temporary personal 
     services for such committee, to be expended in accordance 
     with section 202(b) of the Legislative Reorganization Act of 
     1946 and to be available for reimbursement to agencies for 
     services performed:  Provided, That such amount shall remain 
     available for such salaries and expenses until December 31, 
     2012.

                    Salaries, Officers and Employees

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

                        Allowances and Expenses

       For allowances and expenses as authorized by House 
     resolution or law, $292,386,942, including: supplies, 
     materials, administrative costs and Federal tort claims, 
     $3,696,118; official mail for committees, leadership offices, 
     and administrative offices of the House, $201,000; Government 
     contributions for health, retirement, Social Security, and 
     other applicable employee benefits, $264,848,219; Business 
     Continuity and Disaster Recovery, $17,112,072, of which 
     $5,000,000 shall remain available until expended; transition 
     activities for new members and staff, $1,721,533; Wounded 
     Warrior Program $2,500,000, to remain available until 
     expended; Office of Congressional Ethics, $1,548,000; and 
     miscellaneous items including purchase, exchange, 
     maintenance, repair and operation of House motor vehicles, 
     interparliamentary receptions, and gratuities to heirs of 
     deceased employees of the House, $760,000.

                       Administrative Provisions

       Sec. 101. (a) Requiring Amounts Remaining in Members' 
     Representational Allowances To Be Used for Deficit Reduction 
     or To Reduce the Federal Debt.--Notwithstanding any other 
     provision of law, any amounts appropriated under this Act for 
     ``HOUSE OF REPRESENTATIVES--Salaries and Expenses--Members' 
     Representational Allowances'' shall be available only for 
     fiscal year 2012. Any amount remaining after all payments are 
     made under such allowances for fiscal year 2012 shall be 
     deposited in the Treasury and used for deficit reduction (or, 
     if there is no Federal budget deficit after all such payments 
     have been made, for reducing the Federal debt, in such manner 
     as the Secretary of the Treasury considers appropriate).
       (b) Regulations.--The Committee on House Administration of 
     the House of Representatives shall have authority to 
     prescribe regulations to carry out this section.
       (c) Definition.--As used in this section, the term ``Member 
     of the House of Representatives'' means a Representative in, 
     or a Delegate or Resident Commissioner to, the Congress.

                      Republican Policy Committee

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

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

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

[[Page 20383]]

       (F) Nine minority employees (as so described).
       (c) Effective Date.--This section shall apply with respect 
     to any months occurring during the One Hundred Twelfth 
     Congress that begin after the date of the enactment of this 
     Act, and to any succeeding Congress.

 Republican Conference and the Democratic Steering and Policy Committee

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

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

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

                              JOINT ITEMS

       For Joint Committees, as follows:

                        Joint Economic Committee

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

     Joint Congressional Committee on Inaugural Ceremonies of 2013

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

                      Joint Committee on Taxation

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

                   Office of the Attending Physician

       For medical supplies, equipment, and contingent expenses of 
     the emergency rooms, and for the Attending Physician and his 
     assistants, including: (1) an allowance of $2,175 per month 
     to the Attending Physician; (2) an allowance of $1,300 per 
     month to the Senior Medical Officer; (3) an allowance of $725 
     per month each to three medical officers while on duty in the 
     Office of the Attending Physician; (4) an allowance of $725 
     per month to 2 assistants and $580 per month each not to 
     exceed 11 assistants on the basis heretofore provided for 
     such assistants; and (5) $2,427,000 for reimbursement to the 
     Department of the Navy for expenses incurred for staff and 
     equipment assigned to the Office of the Attending Physician, 
     which shall be advanced and credited to the applicable 
     appropriation or appropriations from which such salaries, 
     allowances, and other expenses are payable and shall be 
     available for all the purposes thereof, $3,400,000, to be 
     disbursed by the Chief Administrative Officer of the House of 
     Representatives.

             Office of Congressional Accessibility Services

                         Salaries and Expenses

       For salaries and expenses of the Office of Congressional 
     Accessibility Services, $1,363,000, to be disbursed by the 
     Secretary of the Senate.

                        administrative provision

       Sec. 1001. (a) In General.--Section 102(a) of the 
     Legislative Branch Appropriations Act, 2002 (2 U.S.C. 60c-
     5(a)) is amended--
       (1) in paragraph (1), by inserting ``, except as provided 
     under subsection (b)(3)'' after ``means an individual''; and
       (2) by striking paragraphs (2) and (3) and inserting the 
     following:
       ``(2) Employee of the senate.--The term `employee of the 
     Senate'--
       ``(A) has the meaning given the term under section 101 of 
     the Congressional Accountability Act of 1995 (2 U.S.C. 1301); 
     and
       ``(B) includes any employee of the Office of Congressional 
     Accessibility Services whose pay is disbursed by the 
     Secretary of the Senate.
       ``(3) Employing office.--The term `employing office'--
       ``(A) means the employing office, as defined under section 
     101 of the Congressional Accountability Act of 1995 (2 U.S.C. 
     1301), of an employee of the Senate; and
       ``(B) includes the Office of Congressional Accessibility 
     Services with respect to employees of that office whose pay 
     is disbursed by the Secretary of the Senate.''.
       (b) Exclusion From Participation in Dual Programs.--Section 
     102(b) of the Legislative Branch Appropriations Act, 2002 (2 
     U.S.C. 60c-5(b)) is amended by adding at the end the 
     following:
       ``(3) Exclusion from participation in dual programs.--
     Notwithstanding section 5379 of title 5, United States Code, 
     an employee of the Office of Congressional Accessibility 
     Services may not participate in the student loan repayment 
     program through an agreement under that section and 
     participate in the student loan repayment program through a 
     service agreement under this section at the same time.''.
       (c) Effective Date and Application.--The amendments made by 
     this section shall take effect on the date of enactment of 
     this Act and apply to service agreements entered into under 
     section 102 of the Legislative Branch Appropriations Act, 
     2002 (2 U.S.C. 60c-5) or section 5379 of title 5, United 
     States Code, on or after that date.

                             CAPITOL POLICE

                                Salaries

       For salaries of employees of the Capitol Police, including 
     overtime, hazardous duty pay differential, and Government 
     contributions for health, retirement, social security, 
     professional liability insurance, and other applicable 
     employee benefits, $277,133,000, to be disbursed by the Chief 
     of the Capitol Police or his designee.

                            General Expenses

       For necessary expenses of the Capitol Police, including 
     motor vehicles, communications and other equipment, security 
     equipment and installation, uniforms, weapons, supplies, 
     materials, training, medical services, forensic services, 
     stenographic services, personal and professional services, 
     the employee assistance program, the awards program, postage, 
     communication services, travel advances, relocation of 
     instructor and liaison personnel for the Federal Law 
     Enforcement Training Center, and not more than $5,000 to be 
     expended on the certification of the Chief of the Capitol 
     Police in connection with official representation and 
     reception expenses, $63,004,000, of which $2,400,000 shall 
     remain available until September 30, 2014, to be disbursed by 
     the Chief of the Capitol Police or his designee:  Provided, 
     That, notwithstanding any other provision of law, the cost of 
     basic training for the Capitol Police at the Federal Law 
     Enforcement Training Center for fiscal year 2012 shall be 
     paid by the Secretary of Homeland Security from funds 
     available to the Department of Homeland Security.

                       Administrative Provisions

                     (including transfer of funds)

       Sec. 1101.  Amounts appropriated for fiscal year 2012 for 
     the Capitol Police may be transferred between the headings 
     ``Salaries'' and ``General expenses'' upon the approval of 
     the Committees on Appropriations of the House of 
     Representatives and the Senate.


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

       Sec. 1102.  (a) Waiver of Claim.--Subject to the joint 
     approval of the Chief Administrative Officer of the House of 
     Representatives and the Secretary of the Senate, the Chief of 
     the United States Capitol Police may waive in whole or in 
     part a claim of the United States against a person arising 
     out of an erroneous payment of any pay or allowances, other 
     than travel and transportation expenses and allowances, to an 
     officer, member, or employee of the United States Capitol 
     Police, if the collection of the claim would be against 
     equity and good conscience and not in the best interests of 
     the United States.
       (b) Investigation of Application; Report.--The Chief shall 
     investigate each application for the waiver of a claim under 
     subsection (a) and shall submit a written report of the 
     investigation, including a description of the facts and 
     circumstances of the claim, to the Chief Administrative 
     Officer of the House of Representatives and the Secretary of 
     the Senate, except that if the aggregate amount of the claim 
     involved exceeds $1,500, the Comptroller General may also 
     investigate the application and submit a written report of 
     the investigation, including a description of the facts and 
     circumstances of the claim, to the Chief Administrative 
     Officer of the House of Representatives and the Secretary of 
     the Senate.
       (c) Prohibition of Waiver Under Certain Circumstances.--The 
     Chief may not exercise the authority to waive a claim under 
     subsection (a) if--
       (1) in the Chief's opinion, there exists in connection with 
     the claim an indication of fraud, misrepresentation, fault, 
     or lack of good faith on the part of the officer, member, or 
     employee involved or of any other person having an interest 
     in obtaining a waiver of the claim; or
       (2) the Chief receives the application for the waiver after 
     the expiration of the 3-year period

[[Page 20384]]

     that begins on the date on which the erroneous payment of pay 
     or allowances was discovered.
       (d) Credit for Waiver.--In the audit and settlement of 
     accounts of any accountable officer or official, full credit 
     shall be given for any amounts with respect to which 
     collection by the United States is waived under subsection 
     (a).
       (e) Effect of Waiver.--An erroneous payment, the collection 
     of which is waived under subsection (a), is deemed a valid 
     payment for all purposes.
       (f) Construction With Other Laws.--This section does not 
     affect any authority under any other law to litigate, settle, 
     compromise, or waive any claim of the United States.
       (g) Rules and Regulations.--Subject to the approval of the 
     Chief Administrative Officer of the House of Representatives 
     and the Secretary of the Senate, the Chief shall promulgate 
     rules and regulations to carry out this section.
       (h) Effective Date.--This section shall apply with respect 
     to payments of pay and allowances made at any time after the 
     Chief became the disbursing officer for the United States 
     Capitol Police pursuant to section 1018(a) of the Legislative 
     Branch Appropriations Act, 2003 (2 U.S.C. 1907(a)).

                          OFFICE OF COMPLIANCE

                         Salaries and Expenses

       For salaries and expenses of the Office of Compliance, as 
     authorized by section 305 of the Congressional Accountability 
     Act of 1995 (2 U.S.C. 1385), $3,817,000, of which $700,000 
     shall remain available until September 30, 2013:  Provided, 
     That not more than $500 may be expended on the certification 
     of the Executive Director of the Office of Compliance in 
     connection with official representation and reception 
     expenses.

                      CONGRESSIONAL BUDGET OFFICE

                         Salaries and Expenses

       For salaries and expenses necessary for operation of the 
     Congressional Budget Office, including not more than $6,000 
     to be expended on the certification of the Director of the 
     Congressional Budget Office in connection with official 
     representation and reception expenses, $43,787,000.

                        ARCHITECT OF THE CAPITOL

                         General Administration

       For salaries for the Architect of the Capitol, and other 
     personal services, at rates of pay provided by law; for 
     surveys and studies in connection with activities under the 
     care of the Architect of the Capitol; for all necessary 
     expenses for the general and administrative support of the 
     operations under the Architect of the Capitol including the 
     Botanic Garden; electrical substations of the Capitol, Senate 
     and House office buildings, and other facilities under the 
     jurisdiction of the Architect of the Capitol; including 
     furnishings and office equipment; including not more than 
     $5,000 for official reception and representation expenses, to 
     be expended as the Architect of the Capitol may approve; for 
     purchase or exchange, maintenance, and operation of a 
     passenger motor vehicle, $101,340,000, of which $3,749,000 
     shall remain available until September 30, 2016.

                            Capitol Building

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

                            Capitol Grounds

       For all necessary expenses for care and improvement of 
     grounds surrounding the Capitol, the Senate and House office 
     buildings, and the Capitol Power Plant, $9,852,000.

                        Senate Office Buildings

       For all necessary expenses for the maintenance, care and 
     operation of Senate office buildings; and furniture and 
     furnishings to be expended under the control and supervision 
     of the Architect of the Capitol, $71,128,000, of which 
     $13,128,000 shall remain available until September 30, 2016.

                         House Office Buildings

       For all necessary expenses for the maintenance, care and 
     operation of the House office buildings, $94,154,000, of 
     which $45,631,000 shall remain available until September 30, 
     2016.
       In addition, for a payment to the House Historic Buildings 
     Revitalization Trust Fund, $30,000,000, shall remain 
     available until expended.

                          Capitol Power Plant

       For all necessary expenses for the maintenance, care and 
     operation of the Capitol Power Plant; lighting, heating, 
     power (including the purchase of electrical energy) and water 
     and sewer services for the Capitol, Senate and House office 
     buildings, Library of Congress buildings, and the grounds 
     about the same, Botanic Garden, Senate garage, and air 
     conditioning refrigeration not supplied from plants in any of 
     such buildings; heating the Government Printing Office and 
     Washington City Post Office, and heating and chilled water 
     for air conditioning for the Supreme Court Building, the 
     Union Station complex, the Thurgood Marshall Federal 
     Judiciary Building and the Folger Shakespeare Library, 
     expenses for which shall be advanced or reimbursed upon 
     request of the Architect of the Capitol and amounts so 
     received shall be deposited into the Treasury to the credit 
     of this appropriation, $123,229,000, of which $37,617,000 
     shall remain available until September 30, 2016:  Provided, 
     That not more than $9,000,000 of the funds credited or to be 
     reimbursed to this appropriation as herein provided shall be 
     available for obligation during fiscal year 2012.

                     Library Buildings and Grounds

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

             Capitol Police Buildings, Grounds and Security

       For all necessary expenses for the maintenance, care and 
     operation of buildings, grounds and security enhancements of 
     the United States Capitol Police, wherever located, the 
     Alternate Computer Facility, and AOC security operations, 
     $21,500,000, of which $3,473,000 shall remain available until 
     September 30, 2016.

                             Botanic Garden

       For all necessary expenses for the maintenance, care and 
     operation of the Botanic Garden and the nurseries, buildings, 
     grounds, and collections; and purchase and exchange, 
     maintenance, repair, and operation of a passenger motor 
     vehicle; all under the direction of the Joint Committee on 
     the Library, $12,000,000:  Provided, That of the amount made 
     available under this heading, the Architect of the Capitol 
     may obligate and expend such sums as may be necessary for the 
     maintenance, care and operation of the National Garden 
     established under section 307E of the Legislative Branch 
     Appropriations Act, 1989 (2 U.S.C. 2146), upon vouchers 
     approved by the Architect of the Capitol or a duly authorized 
     designee.

                         Capitol Visitor Center

       For all necessary expenses for the operation of the Capitol 
     Visitor Center, $21,276,000.

                       Administrative Provisions

                     (including transfer of funds)


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

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


                  transfer to architect of the capitol

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

                          LIBRARY OF CONGRESS

                         Salaries and Expenses

       For necessary expenses of the Library of Congress not 
     otherwise provided for, including development and maintenance 
     of the Library's catalogs; custody and custodial care of the 
     Library buildings; special clothing; cleaning, laundering and 
     repair of uniforms; preservation of motion pictures in the 
     custody of the Library; operation and maintenance of the 
     American Folklife Center in the Library; activities under the 
     Civil Rights History Project Act of 2009; preparation and 
     distribution of catalog records and other publications of the 
     Library; hire or purchase of one passenger motor vehicle; and 
     expenses of the Library of Congress Trust Fund Board not 
     properly chargeable to the income of any trust fund held by 
     the Board, $420,093,000, of which not more than $6,000,000 
     shall be derived from collections credited to this 
     appropriation during fiscal year 2012, and shall remain 
     available until expended, under the Act of June 28, 1902 
     (chapter 1301; 32 Stat. 480; 2 U.S.C. 150) and not more than 
     $350,000 shall be derived from collections during fiscal year 
     2012 and shall remain available until expended for the 
     development and maintenance of an international legal 
     information database and activities related thereto:  
     Provided, That the Library of Congress may not obligate or 
     expend any funds derived from collections under the Act of 
     June 28, 1902, in excess of the amount authorized for 
     obligation or expenditure in appropriations Acts:  Provided 
     further, That the total amount available for obligation shall 
     be reduced by the amount by which collections are less than 
     $6,350,000:  Provided further, That of the total amount 
     appropriated, not more than $12,000 may be expended, on the 
     certification of the Librarian of Congress, in connection 
     with official representation and reception expenses for the 
     Overseas Field Offices:  Provided further, That of the total 
     amount appropriated, $6,959,000 shall remain available until 
     expended for the digital collections and educational 
     curricula program.

                            Copyright Office

                         Salaries and Expenses

       For all necessary expenses of the Copyright Office, 
     $51,650,000, of which not more than $28,029,000, to remain 
     available until expended, shall be derived from collections 
     credited to this

[[Page 20385]]

     appropriation during fiscal year 2012 under section 708(d) of 
     title 17, United States Code:  Provided, That not more than 
     $2,000,000 shall be derived from prior year available 
     unobligated balances:  Provided further, That the Copyright 
     Office may not obligate or expend any funds derived from 
     collections under such section, in excess of the amount 
     authorized for obligation or expenditure in appropriations 
     Acts:  Provided further, That not more than $5,484,000 shall 
     be derived from collections during fiscal year 2012 under 
     sections 111(d)(2), 119(b)(2), 803(e), 1005, and 1316 of such 
     title:  Provided further, That the total amount available for 
     obligation shall be reduced by the amount by which 
     collections and prior year available unobligated balances are 
     less than $35,513,000:  Provided further, That not more than 
     $100,000 of the amount appropriated is available for the 
     maintenance of an ``International Copyright Institute'' in 
     the Copyright Office of the Library of Congress for the 
     purpose of training nationals of developing countries in 
     intellectual property laws and policies:  Provided further, 
     That not more than $4,250 may be expended, on the 
     certification of the Librarian of Congress, in connection 
     with official representation and reception expenses for 
     activities of the International Copyright Institute and for 
     copyright delegations, visitors, and seminars:  Provided 
     further, That notwithstanding any provision of chapter 8 of 
     title 17, United States Code, any amounts made available 
     under this heading which are attributable to royalty fees and 
     payments received by the Copyright Office pursuant to 
     sections 111, 119, and chapter 10 of such title may be used 
     for the costs incurred in the administration of the Copyright 
     Royalty Judges program, with the exception of the costs of 
     salaries and benefits for the Copyright Royalty Judges and 
     staff under section 802(e).

                     Congressional Research Service

                         Salaries and Expenses

       For all necessary expenses to carry out the provisions of 
     section 203 of the Legislative Reorganization Act of 1946 (2 
     U.S.C. 166) and to revise and extend the Annotated 
     Constitution of the United States of America, $106,790,000:  
     Provided, That no part of such amount may be used to pay any 
     salary or expense in connection with any publication, or 
     preparation of material therefor (except the Digest of Public 
     General Bills), to be issued by the Library of Congress 
     unless such publication has obtained prior approval of either 
     the Committee on House Administration of the House of 
     Representatives or the Committee on Rules and Administration 
     of the Senate.

             Books for the Blind and Physically Handicapped

                         Salaries and Expenses

       For salaries and expenses to carry out the Act of March 3, 
     1931 (chapter 400; 46 Stat. 1487; 2 U.S.C. 135a), 
     $50,674,000:  Provided, That of the total amount 
     appropriated, $650,000 shall be available to contract to 
     provide newspapers to blind and physically handicapped 
     residents at no cost to the individual.

                       Administrative Provisions

               Reimbursable and Revolving Fund Activities

       Sec. 1301. (a) In General.--For fiscal year 2012, the 
     obligational authority of the Library of Congress for the 
     activities described in subsection (b) may not exceed 
     $169,725,000.
       (b) Activities.--The activities referred to in subsection 
     (a) are reimbursable and revolving fund activities that are 
     funded from sources other than appropriations to the Library 
     in appropriations Acts for the legislative branch.
       (c) Transfer of Funds.--During fiscal year 2012, the 
     Librarian of Congress may temporarily transfer funds 
     appropriated in this Act, under the heading ``Library of 
     Congress'', under the subheading ``Salaries and Expenses'', 
     to the revolving fund for the FEDLINK Program and the Federal 
     Research Program established under section 103 of the Library 
     of Congress Fiscal Operations Improvement Act of 2000 (Public 
     Law 106-481; 2 U.S.C. 182c):  Provided, That the total amount 
     of such transfers may not exceed $1,900,000:  Provided 
     further, That the appropriate revolving fund account shall 
     reimburse the Library for any amounts transferred to it 
     before the period of availability of the Library 
     appropriation expires.

                           Transfer Authority

       Sec. 1302. (a) In General.--Amounts appropriated for fiscal 
     year 2012 for the Library of Congress may be transferred 
     during fiscal year 2012 between any of the headings under the 
     heading ``Library of Congress'' upon the approval of the 
     Committees on Appropriations of the House of Representatives 
     and the Senate.
       (b) Limitation.--Not more than 10 percent of the total 
     amount of funds appropriated to the account under any heading 
     under the heading ``Library of Congress'' for fiscal year 
     2012 may be transferred from that account by all transfers 
     made under subsection (a).

           funds available for workers compensation payments

       Sec. 1303. (a) In General.--Available balances of expired 
     Library of Congress appropriations shall be available to the 
     Library of Congress to make the deposit to the credit of the 
     Employees' Compensation Fund required by subsection 8147(b) 
     of title 5, United States Code.
       (b) Effective Date.--This section shall apply with respect 
     to appropriations for fiscal year 2012 and each fiscal year 
     thereafter.


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

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

                       GOVERNMENT PRINTING OFFICE

                   Congressional Printing and Binding

                     (including transfer of funds)

       For authorized printing and binding for the Congress and 
     the distribution of Congressional information in any format; 
     printing and binding for the Architect of the Capitol; 
     expenses necessary for preparing the semimonthly and session 
     index to the Congressional Record, as authorized by law 
     (section 902 of title 44, United States Code); printing and 
     binding of Government publications authorized by law to be 
     distributed to Members of Congress; and printing, binding, 
     and distribution of Government publications authorized by law 
     to be distributed without charge to the recipient, 
     $90,700,000:  Provided, That this appropriation shall not be 
     available for paper copies of the permanent edition of the 
     Congressional Record for individual Representatives, Resident 
     Commissioners or Delegates authorized under section 906 of 
     title 44, United States Code:  Provided further, That this 
     appropriation shall be available for the payment of 
     obligations incurred under the appropriations for similar 
     purposes for preceding fiscal years:  Provided further, That 
     notwithstanding the 2-year limitation under section 718 of 
     title 44, United States Code, none of the funds appropriated 
     or made available under this Act or any other Act for 
     printing and binding and related services provided to 
     Congress under chapter 7 of title 44, United States Code, may 
     be expended to print a document, report, or publication after 
     the 27-month period beginning on the date that such document, 
     report, or publication is authorized by Congress to be 
     printed, unless Congress reauthorizes such printing in 
     accordance with section 718 of title 44, United States Code:  
     Provided further, That any unobligated or unexpended balances 
     in this account or accounts for similar purposes for 
     preceding fiscal years may be transferred to the Government 
     Printing Office revolving fund for carrying out the purposes 
     of this heading, subject to the approval of the Committees on 
     Appropriations of the House of Representatives and Senate:  
     Provided further, That notwithstanding sections 901, 902, and 
     906 of title 44, United States Code, this appropriation may 
     be used to prepare indexes to the Congressional Record on 
     only a monthly and session basis.

                 Office of Superintendent of Documents

                         salaries and expenses

                     (including transfer of funds)

       For expenses of the Office of Superintendent of Documents 
     necessary to provide for the cataloging and indexing of 
     Government publications and their distribution to the public, 
     Members of Congress, other Government agencies, and 
     designated depository and international exchange libraries as 
     authorized by law, $35,000,000:  Provided, That amounts of 
     not more than $2,000,000 from current year appropriations are 
     authorized for producing and disseminating congressional 
     serial sets and other related publications for fiscal years 
     2010 and 2011 to depository and other designated libraries:  
     Provided further, That any unobligated or unexpended balances 
     in this account or accounts for similar purposes for 
     preceding fiscal years may be transferred to the Government 
     Printing Office revolving fund for carrying out the purposes 
     of this heading, subject to the approval of the Committees on 
     Appropriations of the House of Representatives and Senate.

               Government Printing Office Revolving Fund

       For payment to the Government Printing Office Revolving 
     Fund, $500,000 for information technology development:  
     Provided, That the Government Printing Office is hereby 
     authorized to make such expenditures, within the limits of 
     funds available and in accordance with law, and to make such 
     contracts and commitments without regard to fiscal year 
     limitations as provided by section 9104 of title 31, United 
     States Code, as may be necessary in carrying out the programs 
     and purposes set forth in the budget for the current fiscal 
     year for the Government Printing Office revolving fund:  
     Provided further, That not more than $7,500 may be expended 
     on the certification of the Public Printer in connection with 
     official representation and reception expenses:  Provided 
     further, That the revolving fund shall be available for the 
     hire or purchase of not more than 12 passenger motor 
     vehicles:  Provided further, That expenditures in connection 
     with travel expenses of the advisory councils to the Public 
     Printer shall be deemed necessary to carry out the provisions 
     of title 44, United States Code:  Provided further, That the 
     revolving fund shall be available for temporary or 
     intermittent services under section 3109(b) of title 5, 
     United States Code, but at rates for individuals not more 
     than the daily equivalent of the annual rate of basic pay for 
     level V of the Executive Schedule under section

[[Page 20386]]

     5316 of such title:  Provided further, That activities 
     financed through the revolving fund may provide information 
     in any format:  Provided further, That the revolving fund and 
     the funds provided under the headings ``Office of 
     Superintendent of Documents'' and ``Salaries and Expenses'' 
     may not be used for contracted security services at GPO's 
     passport facility in the District of Columbia.

                    GOVERNMENT ACCOUNTABILITY OFFICE

                         Salaries and Expenses

       For necessary expenses of the Government Accountability 
     Office, including not more than $12,500 to be expended on the 
     certification of the Comptroller General of the United States 
     in connection with official representation and reception 
     expenses; temporary or intermittent services under section 
     3109(b) of title 5, United States Code, but at rates for 
     individuals not more than the daily equivalent of the annual 
     rate of basic pay for level IV of the Executive Schedule 
     under section 5315 of such title; hire of one passenger motor 
     vehicle; advance payments in foreign countries in accordance 
     with section 3324 of title 31, United States Code; benefits 
     comparable to those payable under sections 901(5), (6), and 
     (8) of the Foreign Service Act of 1980 (22 U.S.C. 4081(5), 
     (6), and (8)); and under regulations prescribed by the 
     Comptroller General of the United States, rental of living 
     quarters in foreign countries, $511,296,000:  Provided, That, 
     in addition, $22,304,000 of payments received under sections 
     782, 3521, and 9105 of title 31, United States Code, shall be 
     available without fiscal year limitation:  Provided further, 
     That this appropriation and appropriations for administrative 
     expenses of any other department or agency which is a member 
     of the National Intergovernmental Audit Forum or a Regional 
     Intergovernmental Audit Forum shall be available to finance 
     an appropriate share of either Forum's costs as determined by 
     the respective Forum, including necessary travel expenses of 
     non-Federal participants:  Provided further, That payments 
     hereunder to the Forum may be credited as reimbursements to 
     any appropriation from which costs involved are initially 
     financed.

                        Administrative Provision

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

                OPEN WORLD LEADERSHIP CENTER TRUST FUND

       For a payment to the Open World Leadership Center Trust 
     Fund for financing activities of the Open World Leadership 
     Center under section 313 of the Legislative Branch 
     Appropriations Act, 2001 (2 U.S.C. 1151), $10,000,000.

   JOHN C. STENNIS CENTER FOR PUBLIC SERVICE TRAINING AND DEVELOPMENT

       For payment to the John C. Stennis Center for Public 
     Service Development Trust Fund established under section 116 
     of the John C. Stennis Center for Public Service Training and 
     Development Act (2 U.S.C. 1105), $430,000.

                                TITLE II

                           GENERAL PROVISIONS

                maintenance and care of private vehicles

       Sec. 201.  No part of the funds appropriated in this Act 
     shall be used for the maintenance or care of private 
     vehicles, except for emergency assistance and cleaning as may 
     be provided under regulations relating to parking facilities 
     for the House of Representatives issued by the Committee on 
     House Administration and for the Senate issued by the 
     Committee on Rules and Administration.

                         fiscal year limitation

       Sec. 202.  No part of the funds appropriated in this Act 
     shall remain available for obligation beyond fiscal year 2012 
     unless expressly so provided in this Act.

                 rates of compensation and designation

       Sec. 203.  Whenever in this Act any office or position not 
     specifically established by the Legislative Pay Act of 1929 
     (46 Stat. 32 et seq.) is appropriated for or the rate of 
     compensation or designation of any office or position 
     appropriated for is different from that specifically 
     established by such Act, the rate of compensation and the 
     designation in this Act shall be the permanent law with 
     respect thereto:  Provided, That the provisions in this Act 
     for the various items of official expenses of Members, 
     officers, and committees of the Senate and House of 
     Representatives, and clerk hire for Senators and Members of 
     the House of Representatives shall be the permanent law with 
     respect thereto.

                          consulting services

       Sec. 204.  The expenditure of any appropriation under this 
     Act for any consulting service through procurement contract, 
     under section 3109 of title 5, United States Code, shall be 
     limited to those contracts where such expenditures are a 
     matter of public record and available for public inspection, 
     except where otherwise provided under existing law, or under 
     existing Executive order issued under existing law.

                         awards and settlements

       Sec. 205.  Such sums as may be necessary are appropriated 
     to the account described in subsection (a) of section 415 of 
     the Congressional Accountability Act of 1995 (2 U.S.C. 
     1415(a)) to pay awards and settlements as authorized under 
     such subsection.

                             costs of lbfmc

       Sec. 206.  Amounts available for administrative expenses of 
     any legislative branch entity which participates in the 
     Legislative Branch Financial Managers Council (LBFMC) 
     established by charter on March 26, 1996, shall be available 
     to finance an appropriate share of LBFMC costs as determined 
     by the LBFMC, except that the total LBFMC costs to be shared 
     among all participating legislative branch entities (in such 
     allocations among the entities as the entities may determine) 
     may not exceed $2,000.

                         landscape maintenance

       Sec. 207.  The Architect of the Capitol, in consultation 
     with the District of Columbia, is authorized to maintain and 
     improve the landscape features, excluding streets, in the 
     irregular shaped grassy areas bounded by Washington Avenue, 
     SW, on the northeast, Second Street, SW, on the west, Square 
     582 on the south, and the beginning of the I-395 tunnel on 
     the southeast.

                        limitation on transfers

       Sec. 208.  None of the funds made available in this Act may 
     be transferred to any department, agency, or instrumentality 
     of the United States Government, except pursuant to a 
     transfer made by, or transfer authority provided in, this Act 
     or any other appropriation Act.

                      guided tours of the capitol

       Sec. 209. (a) Except as provided in subsection (b), none of 
     the funds made available to the Architect of the Capitol in 
     this Act may be used to eliminate or restrict guided tours of 
     the United States Capitol which are led by employees and 
     interns of offices of Members of Congress and other offices 
     of the House of Representatives and Senate.
       (b) At the direction of the Capitol Police Board, or at the 
     direction of the Architect of the Capitol with the approval 
     of the Capitol Police Board, guided tours of the United 
     States Capitol which are led by employees and interns 
     described in subsection (a) may be suspended temporarily or 
     otherwise subject to restriction for security or related 
     reasons to the same extent as guided tours of the United 
     States Capitol which are led by the Architect of the Capitol.
       Sec. 210.  None of the funds made available in this Act may 
     be used to deliver a printed copy of a bill, joint 
     resolution, or resolution to the office of a Member of the 
     House of Representatives (including a Delegate or Resident 
     Commissioner to the Congress) unless the Member requests a 
     copy.
       Sec. 211.  None of the funds made available by this Act may 
     be used to deliver a printed copy of any version of the 
     Congressional Record to the office of a Member of the House 
     of Representatives (including a Delegate or Resident 
     Commissioner to the Congress).
       Sec. 212.  None of the funds made available in this Act may 
     be used by the Chief Administrative Officer of the House of 
     Representatives to make any payments from any Members' 
     Representational Allowance for the leasing of a vehicle, 
     excluding mobile district offices, in an aggregate amount 
     that exceeds $1,000 for the vehicle in any month.
       This division may be cited as the ``Legislative Branch 
     Appropriations Act, 2012''.

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

                                TITLE I

                         DEPARTMENT OF DEFENSE

                      Military Construction, Army

       For acquisition, construction, installation, and equipment 
     of temporary or permanent public works, military 
     installations, facilities, and real property for the Army as 
     currently authorized by law, including personnel in the Army 
     Corps of Engineers and other personal services necessary for 
     the purposes of this appropriation, and for construction and 
     operation of facilities in support of the functions of the 
     Commander in Chief, $3,006,491,000, to remain available until 
     September 30, 2016:  Provided, That of this amount, not to 
     exceed $229,741,000 shall be available for study, planning, 
     design, architect and engineer services, and host nation 
     support, as authorized by law, unless the Secretary of Army 
     determines that additional obligations are necessary for such 
     purposes and notifies the Committees on Appropriations of 
     both Houses of Congress of the determination and the reasons 
     therefor.

              Military Construction, Navy and Marine Corps

       For acquisition, construction, installation, and equipment 
     of temporary or permanent public works, naval installations, 
     facilities, and real property for the Navy and Marine Corps 
     as currently authorized by law, including personnel in the 
     Naval Facilities Engineering Command and other personal 
     services necessary for the purposes of this appropriation, 
     $2,112,823,000, to remain available until September 30, 2016: 
      Provided, That of this amount, not to exceed $84,362,000 
     shall be available for study, planning, design, and architect 
     and engineer services, as authorized by law, unless the 
     Secretary of Navy determines that additional obligations are 
     necessary for such purposes and notifies the Committees on 
     Appropriations of both Houses of Congress of the 
     determination and the reasons therefor.

[[Page 20387]]



                    Military Construction, Air Force

       For acquisition, construction, installation, and equipment 
     of temporary or permanent public works, military 
     installations, facilities, and real property for the Air 
     Force as currently authorized by law, $1,227,058,000, to 
     remain available until September 30, 2016:  Provided, That of 
     this amount, not to exceed $81,913,000 shall be available for 
     study, planning, design, and architect and engineer services, 
     as authorized by law, unless the Secretary of Air Force 
     determines that additional obligations are necessary for such 
     purposes and notifies the Committees on Appropriations of 
     both Houses of Congress of the determination and the reasons 
     therefor.

                  Military Construction, Defense-Wide

                     (including transfer of funds)

       For acquisition, construction, installation, and equipment 
     of temporary or permanent public works, installations, 
     facilities, and real property for activities and agencies of 
     the Department of Defense (other than the military 
     departments), as currently authorized by law, $3,431,957,000, 
     to remain available until September 30, 2016:  Provided, That 
     such amounts of this appropriation as may be determined by 
     the Secretary of Defense may be transferred to such 
     appropriations of the Department of Defense available for 
     military construction or family housing as the Secretary may 
     designate, to be merged with and to be available for the same 
     purposes, and for the same time period, as the appropriation 
     or fund to which transferred:  Provided further, That of the 
     amount appropriated, not to exceed $430,602,000 shall be 
     available for study, planning, design, and architect and 
     engineer services, as authorized by law, unless the Secretary 
     of Defense determines that additional obligations are 
     necessary for such purposes and notifies the Committees on 
     Appropriations of both Houses of Congress of the 
     determination and the reasons therefor:  Provided further, 
     That of the amount appropriated, notwithstanding any other 
     provision of law, $24,118,000 shall be available for payments 
     to the North Atlantic Treaty Organization for the planning, 
     design, and construction of a new North Atlantic Treaty 
     Organization headquarters:  Provided further, That the 
     Department of Defense shall not award a design contract to 
     exceed the 20 percent design level for the Landstuhl Regional 
     Medical Center in Germany until the Secretary of Defense: (1) 
     provides the Committees on Appropriations of the House of 
     Representatives and the Senate a plan for implementing the 
     recommendations of the Government Accountability Office with 
     respect to the plans, baseline data, and estimated cost of 
     the facility; and (2) certifies in writing to the Committees 
     that the facility is properly sized and scoped to meet 
     current and projected healthcare requirements.

               Military Construction, Army National Guard

       For construction, acquisition, expansion, rehabilitation, 
     and conversion of facilities for the training and 
     administration of the Army National Guard, and contributions 
     therefor, as authorized by chapter 1803 of title 10, United 
     States Code, and Military Construction Authorization Acts, 
     $773,592,000, to remain available until September 30, 2016:  
     Provided, That of the amount appropriated, not to exceed 
     $20,671,000 shall be available for study, planning, design, 
     and architect and engineer services, as authorized by law, 
     unless the Director of the Army National Guard determines 
     that additional obligations are necessary for such purposes 
     and notifies the Committees on Appropriations of both Houses 
     of Congress of the determination and the reasons therefor.

               Military Construction, Air National Guard

       For construction, acquisition, expansion, rehabilitation, 
     and conversion of facilities for the training and 
     administration of the Air National Guard, and contributions 
     therefor, as authorized by chapter 1803 of title 10, United 
     States Code, and Military Construction Authorization Acts, 
     $116,246,000, to remain available until September 30, 2016:  
     Provided, That of the amount appropriated, not to exceed 
     $12,225,000 shall be available for study, planning, design, 
     and architect and engineer services, as authorized by law, 
     unless the Director of the Air National Guard determines that 
     additional obligations are necessary for such purposes and 
     notifies the Committees on Appropriations of both Houses of 
     Congress of the determination and the reasons therefor.

                  Military Construction, Army Reserve

       For construction, acquisition, expansion, rehabilitation, 
     and conversion of facilities for the training and 
     administration of the Army Reserve as authorized by chapter 
     1803 of title 10, United States Code, and Military 
     Construction Authorization Acts, $280,549,000, to remain 
     available until September 30, 2016:  Provided, That of the 
     amount appropriated, not to exceed $28,924,000 shall be 
     available for study, planning, design, and architect and 
     engineer services, as authorized by law, unless the Chief of 
     the Army Reserve determines that additional obligations are 
     necessary for such purposes and notifies the Committees on 
     Appropriations of both Houses of Congress of the 
     determination and the reasons therefor.

                  Military Construction, Navy Reserve

       For construction, acquisition, expansion, rehabilitation, 
     and conversion of facilities for the training and 
     administration of the reserve components of the Navy and 
     Marine Corps as authorized by chapter 1803 of title 10, 
     United States Code, and Military Construction Authorization 
     Acts, $26,299,000, to remain available until September 30, 
     2016:  Provided, That of the amount appropriated, not to 
     exceed $2,591,000 shall be available for study, planning, 
     design, and architect and engineer services, as authorized by 
     law, unless the Secretary of the Navy determines that 
     additional obligations are necessary for such purposes and 
     notifies the Committees on Appropriations of both Houses of 
     Congress of the determination and the reasons therefor.

                Military Construction, Air Force Reserve

       For construction, acquisition, expansion, rehabilitation, 
     and conversion of facilities for the training and 
     administration of the Air Force Reserve as authorized by 
     chapter 1803 of title 10, United States Code, and Military 
     Construction Authorization Acts, $33,620,000, to remain 
     available until September 30, 2016:  Provided, That of the 
     amount appropriated, not to exceed $2,200,000 shall be 
     available for study, planning, design, and architect and 
     engineer services, as authorized by law, unless the Chief of 
     the Air Force Reserve determines that additional obligations 
     are necessary for such purposes and notifies the Committees 
     on Appropriations of both Houses of Congress of the 
     determination and the reasons therefor.

                   North Atlantic Treaty Organization

                      Security Investment Program

       For the United States share of the cost of the North 
     Atlantic Treaty Organization Security Investment Program for 
     the acquisition and construction of military facilities and 
     installations (including international military headquarters) 
     and for related expenses for the collective defense of the 
     North Atlantic Treaty Area as authorized by section 2806 of 
     title 10, United States Code, and Military Construction 
     Authorization Acts, $247,611,000, to remain available until 
     expended.

                   Family Housing Construction, Army

       For expenses of family housing for the Army for 
     construction, including acquisition, replacement, addition, 
     expansion, extension, and alteration, as authorized by law, 
     $176,897,000, to remain available until September 30, 2016.

             Family Housing Operation and Maintenance, Army

       For expenses of family housing for the Army for operation 
     and maintenance, including debt payment, leasing, minor 
     construction, principal and interest charges, and insurance 
     premiums, as authorized by law, $493,458,000.

           Family Housing Construction, Navy and Marine Corps

       For expenses of family housing for the Navy and Marine 
     Corps for construction, including acquisition, replacement, 
     addition, expansion, extension, and alteration, as authorized 
     by law, $100,972,000, to remain available until September 30, 
     2016.

    Family Housing Operation and Maintenance, Navy and Marine Corps

       For expenses of family housing for the Navy and Marine 
     Corps for operation and maintenance, including debt payment, 
     leasing, minor construction, principal and interest charges, 
     and insurance premiums, as authorized by law, $367,863,000.

                 Family Housing Construction, Air Force

       For expenses of family housing for the Air Force for 
     construction, including acquisition, replacement, addition, 
     expansion, extension, and alteration, as authorized by law, 
     $60,042,000, to remain available until September 30, 2016.

          Family Housing Operation and Maintenance, Air Force

       For expenses of family housing for the Air Force for 
     operation and maintenance, including debt payment, leasing, 
     minor construction, principal and interest charges, and 
     insurance premiums, as authorized by law, $429,523,000.

         Family Housing Operation and Maintenance, Defense-Wide

       For expenses of family housing for the activities and 
     agencies of the Department of Defense (other than the 
     military departments) for operation and maintenance, leasing, 
     and minor construction, as authorized by law, $50,723,000.

         Department of Defense Family Housing Improvement Fund

       For the Department of Defense Family Housing Improvement 
     Fund, $2,184,000, to remain available until expended, for 
     family housing initiatives undertaken pursuant to section 
     2883 of title 10, United States Code, providing alternative 
     means of acquiring and improving military family housing and 
     supporting facilities.

                       Homeowners Assistance Fund

       For the Homeowners Assistance Fund established by section 
     1013 of the Demonstration Cities and Metropolitan Development 
     Act of 1966, (42 U.S.C. 3374), as amended by section 1001 of 
     division A of the American Recovery and Reinvestment Act of 
     2009 (Public Law 111-5; 123 Stat. 194), $1,284,000, to remain 
     available until expended:  Provided, That the Secretary of 
     Defense shall not issue any regulation or otherwise take any 
     action to limit the submission prior to September 30, 2012, 
     of applications for benefits, including permanent change of 
     station benefits, as provided under section 1013 of the 
     Demonstration Cities and Metropolitan Development Act of 
     1966, (42 U.S.C. 3374), as amended.

          Chemical Demilitarization Construction, Defense-Wide

       For expenses of construction, not otherwise provided for, 
     necessary for the destruction of the United States stockpile 
     of lethal chemical

[[Page 20388]]

     agents and munitions in accordance with section 1412 of the 
     Department of Defense Authorization Act, 1986 (50 U.S.C. 
     1521), and for the destruction of other chemical warfare 
     materials that are not in the chemical weapon stockpile, as 
     currently authorized by law, $75,312,000, to remain available 
     until September 30, 2016, which shall be only for the 
     Assembled Chemical Weapons Alternatives program.

            Department of Defense Base Closure Account 1990

       For deposit into the Department of Defense Base Closure 
     Account 1990, established by section 2906(a)(1) of the 
     Defense Base Closure and Realignment Act of 1990 (10 U.S.C. 
     2687 note), $323,543,000, to remain available until expended.

            Department of Defense Base Closure Account 2005

       For deposit into the Department of Defense Base Closure 
     Account 2005, established by section 2906A(a)(1) of the 
     Defense Base Closure and Realignment Act of 1990 (10 U.S.C. 
     2687 note), $258,776,000, to remain available until expended: 
      Provided, That the Department of Defense shall notify the 
     Committees on Appropriations of both Houses of Congress 14 
     days prior to obligating an amount for a construction project 
     that exceeds or reduces the amount identified for that 
     project in the most recently submitted budget request for 
     this account by 20 percent or $2,000,000, whichever is less:  
     Provided further, That the previous proviso shall not apply 
     to projects costing less than $5,000,000, except for those 
     projects not previously identified in any budget submission 
     for this account and exceeding the minor construction 
     threshold under section 2805 of title 10, United States Code.

                       Administrative Provisions

       Sec. 101.  None of the funds made available in this title 
     shall be expended for payments under a cost-plus-a-fixed-fee 
     contract for construction, where cost estimates exceed 
     $25,000, to be performed within the United States, except 
     Alaska, without the specific approval in writing of the 
     Secretary of Defense setting forth the reasons therefor.
       Sec. 102.  Funds made available in this title for 
     construction shall be available for hire of passenger motor 
     vehicles.
       Sec. 103.  Funds made available in this title for 
     construction may be used for advances to the Federal Highway 
     Administration, Department of Transportation, for the 
     construction of access roads as authorized by section 210 of 
     title 23, United States Code, when projects authorized 
     therein are certified as important to the national defense by 
     the Secretary of Defense.
       Sec. 104.  None of the funds made available in this title 
     may be used to begin construction of new bases in the United 
     States for which specific appropriations have not been made.
       Sec. 105.  None of the funds made available in this title 
     shall be used for purchase of land or land easements in 
     excess of 100 percent of the value as determined by the Army 
     Corps of Engineers or the Naval Facilities Engineering 
     Command, except: (1) where there is a determination of value 
     by a Federal court; (2) purchases negotiated by the Attorney 
     General or the designee of the Attorney General; (3) where 
     the estimated value is less than $25,000; or (4) as otherwise 
     determined by the Secretary of Defense to be in the public 
     interest.
       Sec. 106.  None of the funds made available in this title 
     shall be used to: (1) acquire land; (2) provide for site 
     preparation; or (3) install utilities for any family housing, 
     except housing for which funds have been made available in 
     annual Acts making appropriations for military construction.
       Sec. 107.  None of the funds made available in this title 
     for minor construction may be used to transfer or relocate 
     any activity from one base or installation to another, 
     without prior notification to the Committees on 
     Appropriations of both Houses of Congress.
       Sec. 108.  None of the funds made available in this title 
     may be used for the procurement of steel for any construction 
     project or activity for which American steel producers, 
     fabricators, and manufacturers have been denied the 
     opportunity to compete for such steel procurement.
       Sec. 109.  None of the funds available to the Department of 
     Defense for military construction or family housing during 
     the current fiscal year may be used to pay real property 
     taxes in any foreign nation.
       Sec. 110.  None of the funds made available in this title 
     may be used to initiate a new installation overseas without 
     prior notification to the Committees on Appropriations of 
     both Houses of Congress.
       Sec. 111.  None of the funds made available in this title 
     may be obligated for architect and engineer contracts 
     estimated by the Government to exceed $500,000 for projects 
     to be accomplished in Japan, in any North Atlantic Treaty 
     Organization member country, or in countries bordering the 
     Arabian Sea, unless such contracts are awarded to United 
     States firms or United States firms in joint venture with 
     host nation firms.
       Sec. 112.  None of the funds made available in this title 
     for military construction in the United States territories 
     and possessions in the Pacific and on Kwajalein Atoll, or in 
     countries bordering the Arabian Sea, may be used to award any 
     contract estimated by the Government to exceed $1,000,000 to 
     a foreign contractor:  Provided, That this section shall not 
     be applicable to contract awards for which the lowest 
     responsive and responsible bid of a United States contractor 
     exceeds the lowest responsive and responsible bid of a 
     foreign contractor by greater than 20 percent:  Provided 
     further, That this section shall not apply to contract awards 
     for military construction on Kwajalein Atoll for which the 
     lowest responsive and responsible bid is submitted by a 
     Marshallese contractor.
       Sec. 113.  The Secretary of Defense shall inform the 
     appropriate committees of both Houses of Congress, including 
     the Committees on Appropriations, of plans and scope of any 
     proposed military exercise involving United States personnel 
     30 days prior to its occurring, if amounts expended for 
     construction, either temporary or permanent, are anticipated 
     to exceed $100,000.
       Sec. 114.  Not more than 20 percent of the funds made 
     available in this title which are limited for obligation 
     during the current fiscal year shall be obligated during the 
     last 2 months of the fiscal year.
       Sec. 115.  Funds appropriated to the Department of Defense 
     for construction in prior years shall be available for 
     construction authorized for each such military department by 
     the authorizations enacted into law during the current 
     session of Congress.
       Sec. 116.  For military construction or family housing 
     projects that are being completed with funds otherwise 
     expired or lapsed for obligation, expired or lapsed funds may 
     be used to pay the cost of associated supervision, 
     inspection, overhead, engineering and design on those 
     projects and on subsequent claims, if any.
       Sec. 117.  Notwithstanding any other provision of law, any 
     funds made available to a military department or defense 
     agency for the construction of military projects may be 
     obligated for a military construction project or contract, or 
     for any portion of such a project or contract, at any time 
     before the end of the fourth fiscal year after the fiscal 
     year for which funds for such project were made available, if 
     the funds obligated for such project: (1) are obligated from 
     funds available for military construction projects; and (2) 
     do not exceed the amount appropriated for such project, plus 
     any amount by which the cost of such project is increased 
     pursuant to law.

                     (including transfer of funds)

       Sec. 118.  In addition to any other transfer authority 
     available to the Department of Defense, proceeds deposited to 
     the Department of Defense Base Closure Account established by 
     section 207(a)(1) of the Defense Authorization Amendments and 
     Base Closure and Realignment Act (10 U.S.C. 2687 note) 
     pursuant to section 207(a)(2)(C) of such Act, may be 
     transferred to the account established by section 2906(a)(1) 
     of the Defense Base Closure and Realignment Act of 1990 (10 
     U.S.C. 2687 note), to be merged with, and to be available for 
     the same purposes and the same time period as that account.

                     (including transfer of funds)

       Sec. 119.  Subject to 30 days prior notification, or 14 
     days for a notification provided in an electronic medium 
     pursuant to sections 480 and 2883 of title 10, United States 
     Code, to the Committees on Appropriations of both Houses of 
     Congress, such additional amounts as may be determined by the 
     Secretary of Defense may be transferred to: (1) the 
     Department of Defense Family Housing Improvement Fund from 
     amounts appropriated for construction in ``Family Housing'' 
     accounts, to be merged with and to be available for the same 
     purposes and for the same period of time as amounts 
     appropriated directly to the Fund; or (2) the Department of 
     Defense Military Unaccompanied Housing Improvement Fund from 
     amounts appropriated for construction of military 
     unaccompanied housing in ``Military Construction'' accounts, 
     to be merged with and to be available for the same purposes 
     and for the same period of time as amounts appropriated 
     directly to the Fund:  Provided, That appropriations made 
     available to the Funds shall be available to cover the costs, 
     as defined in section 502(5) of the Congressional Budget Act 
     of 1974, of direct loans or loan guarantees issued by the 
     Department of Defense pursuant to the provisions of 
     subchapter IV of chapter 169 of title 10, United States Code, 
     pertaining to alternative means of acquiring and improving 
     military family housing, military unaccompanied housing, and 
     supporting facilities.

                     (including transfer of funds)

       Sec. 120.  In addition to any other transfer authority 
     available to the Department of Defense, amounts may be 
     transferred from the accounts established by sections 
     2906(a)(1) and 2906A(a)(1) of the Defense Base Closure and 
     Realignment Act of 1990 (10 U.S.C. 2687 note), to the fund 
     established by section 1013(d) of the Demonstration Cities 
     and Metropolitan Development Act of 1966 (42 U.S.C. 3374) to 
     pay for expenses associated with the Homeowners Assistance 
     Program incurred under 42 U.S.C. 3374(a)(1)(A). Any amounts 
     transferred shall be merged with and be available for the 
     same purposes and for the same time period as the fund to 
     which transferred.
       Sec. 121.  Notwithstanding any other provision of law, 
     funds made available in this title for operation and 
     maintenance of family housing shall be the exclusive source 
     of funds for repair and maintenance of all family housing 
     units, including general or flag officer quarters:  Provided, 
     That not more than $35,000 per unit may be spent annually for 
     the maintenance and repair of any general or flag officer 
     quarters without 30 days prior notification, or 14 days for a 
     notification provided in an electronic medium pursuant to 
     sections 480 and 2883 of title 10, United States Code, to the 
     Committees on Appropriations of both Houses of Congress, 
     except that an after-the-fact notification shall be submitted 
     if the limitation is exceeded solely due to costs associated 
     with environmental remediation

[[Page 20389]]

     that could not be reasonably anticipated at the time of the 
     budget submission:  Provided further,  That the Under 
     Secretary of Defense (Comptroller) is to report annually to 
     the Committees on Appropriations of both Houses of Congress 
     all operation and maintenance expenditures for each 
     individual general or flag officer quarters for the prior 
     fiscal year.
       Sec. 122.  Amounts contained in the Ford Island Improvement 
     Account established by subsection (h) of section 2814 of 
     title 10, United States Code, are appropriated and shall be 
     available until expended for the purposes specified in 
     subsection (i)(1) of such section or until transferred 
     pursuant to subsection (i)(3) of such section.
       Sec. 123.  None of the funds made available in this title, 
     or in any Act making appropriations for military construction 
     which remain available for obligation, may be obligated or 
     expended to carry out a military construction, land 
     acquisition, or family housing project at or for a military 
     installation approved for closure, or at a military 
     installation for the purposes of supporting a function that 
     has been approved for realignment to another installation, in 
     2005 under the Defense Base Closure and Realignment Act of 
     1990 (part A of title XXIX of Public Law 101-510; 10 U.S.C. 
     2687 note), unless such a project at a military installation 
     approved for realignment will support a continuing mission or 
     function at that installation or a new mission or function 
     that is planned for that installation, or unless the 
     Secretary of Defense certifies that the cost to the United 
     States of carrying out such project would be less than the 
     cost to the United States of cancelling such project, or if 
     the project is at an active component base that shall be 
     established as an enclave or in the case of projects having 
     multi-agency use, that another Government agency has 
     indicated it will assume ownership of the completed project. 
     The Secretary of Defense may not transfer funds made 
     available as a result of this limitation from any military 
     construction project, land acquisition, or family housing 
     project to another account or use such funds for another 
     purpose or project without the prior approval of the 
     Committees on Appropriations of both Houses of Congress. This 
     section shall not apply to military construction projects, 
     land acquisition, or family housing projects for which the 
     project is vital to the national security or the protection 
     of health, safety, or environmental quality:  Provided, That 
     the Secretary of Defense shall notify the congressional 
     defense committees within seven days of a decision to carry 
     out such a military construction project.

                     (including transfer of funds)

       Sec. 124.  During the 5-year period after appropriations 
     available in this Act to the Department of Defense for 
     military construction and family housing operation and 
     maintenance and construction have expired for obligation, 
     upon a determination that such appropriations will not be 
     necessary for the liquidation of obligations or for making 
     authorized adjustments to such appropriations for obligations 
     incurred during the period of availability of such 
     appropriations, unobligated balances of such appropriations 
     may be transferred into the appropriation ``Foreign Currency 
     Fluctuations, Construction, Defense'', to be merged with and 
     to be available for the same time period and for the same 
     purposes as the appropriation to which transferred.
       Sec. 125.  Amounts appropriated or otherwise made available 
     in an account funded under the headings in this title may be 
     transferred among projects and activities within the account 
     in accordance with the reprogramming guidelines for military 
     construction and family housing construction contained in 
     Department of Defense Financial Management Regulation 
     7000.14-R, Volume 3, Chapter 7, of February 2009, as in 
     effect on the date of enactment of this Act.
       Sec. 126. (a) Notwithstanding any other provision of law, 
     the Secretary of the Army shall close Umatilla Chemical 
     Depot, Oregon, not later than 1 year after the completion of 
     chemical demilitarization activities required under the 
     Chemical Weapons Convention.
       (b) The closure of the Umatilla Chemical Depot, Oregon, and 
     subsequent management and property disposal shall be carried 
     out in accordance with procedures and authorities contained 
     in the Defense Base Closure and Realignment Act of 1990 (part 
     A of title XXIX of Public Law 110-510; 10 U.S.C. 2687 note).
       (c) Nothing in this section shall be construed to affect or 
     limit the application of, or any obligation to comply with, 
     any environmental law, including the Comprehensive 
     Environmental Response, Compensation, and Liability Act of 
     1980 (42 U.S.C. 9601 et seq.) and the Solid Waste Disposal 
     Act (42 U.S.C. 6901 et seq.).
       (d) The Secretary of the Army may retain minimum essential 
     ranges, facilities, and training areas at Umatilla Chemical 
     Depot, totaling approximately 7,500 acres, as a training 
     enclave for the reserve components of the Armed Forces to 
     permit the conduct of individual and annual training.
       Sec. 127.  None of the funds made available by this Act may 
     be used by the Secretary of Defense to take beneficial 
     occupancy of more than 2,000 parking spaces (other than 
     handicap-reserved spaces) to be provided by the BRAC 133 
     project:  Provided, That this limitation may be waived in 
     part if: (1) the Secretary of Defense certifies to Congress 
     that levels of service at existing intersections in the 
     vicinity of the project have not experienced failing levels 
     of service as defined by the Transportation Research Board 
     Highway Capacity Manual over a consecutive 90-day period; (2) 
     the Department of Defense and the Virginia Department of 
     Transportation agree on the number of additional parking 
     spaces that may be made available to employees of the 
     facility subject to continued 90-day traffic monitoring; and 
     (3) the Secretary of Defense notifies the congressional 
     defense committees in writing at least 14 days prior to 
     exercising this waiver of the number of additional parking 
     spaces to be made available:  Provided further, That the 
     Secretary of Defense shall implement the Department of 
     Defense Inspector General recommendations outlined in report 
     number DODIG-2012-024, and certify to Congress not later than 
     180 days after enactment of this Act that the recommendations 
     have been implemented.
       Sec. 128.  None of the funds appropriated or otherwise made 
     available by this title may be obligated or expended for a 
     permanent United States Africa Command headquarters outside 
     of the United States until the Secretary of Defense provides 
     the congressional defense committees an analysis of all 
     military construction costs associated with establishing a 
     permanent location overseas versus in the United States.
       Sec. 129.  None of the funds made available by this Act may 
     be used for any action that relates to or promotes the 
     expansion of the boundaries or size of the Pinon Canyon 
     Maneuver Site, Colorado.
       Sec. 130. (a) Except as provided in subsection (b), none of 
     the funds made available in this Act may be used by the 
     Secretary of the Army to relocate a unit in the Army that--
       (1) performs a testing mission or function that is not 
     performed by any other unit in the Army and is specifically 
     stipulated in title 10, United States Code; and
       (2) is located at a military installation at which the 
     total number of civilian employees of the Department of the 
     Army and Army contractor personnel employed exceeds 10 
     percent of the total number of members of the regular and 
     reserve components of the Army assigned to the installation.
       (b) Exception.--Subsection (a) shall not apply if the 
     Secretary of the Army certifies to the congressional defense 
     committees that in proposing the relocation of the unit of 
     the Army, the Secretary complied with Army Regulation 5-10 
     relating to the policy, procedures, and responsibilities for 
     Army stationing actions.

                    (including rescissions of funds)

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

                    (including rescission of funds)

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

                                TITLE II

                     DEPARTMENT OF VETERANS AFFAIRS

                    Veterans Benefits Administration

                       compensation and pensions

                     (including transfer of funds)

       For the payment of compensation benefits to or on behalf of 
     veterans and a pilot program for disability examinations as 
     authorized by section 107 and chapters 11, 13, 18, 51, 53, 
     55, and 61 of title 38, United States Code; pension benefits 
     to or on behalf of veterans as authorized by chapters 15, 51, 
     53, 55, and 61 of title 38, United States Code; and burial 
     benefits, the Reinstated Entitlement Program for Survivors, 
     emergency and other officers' retirement pay, adjusted-
     service credits and certificates, payment of premiums due on 
     commercial life insurance policies guaranteed under the 
     provisions of title IV of the Servicemembers Civil Relief Act 
     (50 U.S.C. App. 541 et seq.) and for other benefits as 
     authorized by sections 107, 1312, 1977, and 2106, and 
     chapters 23, 51, 53, 55, and 61 of title 38, United States 
     Code, $51,237,567,000, to remain available until expended:  
     Provided, That not to exceed $32,187,000 of the amount 
     appropriated under this heading shall be reimbursed to 
     ``General operating expenses, Veterans Benefits 
     Administration'', ``Medical support and compliance'', and 
     ``Information technology systems'' for necessary expenses in 
     implementing the provisions of chapters 51, 53, and 55 of 
     title 38, United States Code, the funding source for which is 
     specifically provided as the ``Compensation and pensions'' 
     appropriation:  Provided further, That such sums as may be 
     earned on an actual qualifying patient basis, shall be 
     reimbursed to ``Medical care collections fund'' to augment 
     the funding of individual medical facilities for nursing home 
     care provided to pensioners as authorized.

                         readjustment benefits

       For the payment of readjustment and rehabilitation benefits 
     to or on behalf of veterans as authorized by chapters 21, 30, 
     31, 33, 34, 35, 36, 39, 51, 53, 55, and 61 of title 38, 
     United States Code, $12,108,488,000, to remain available 
     until expended:  Provided, That expenses for rehabilitation 
     program services and assistance which the Secretary is 
     authorized to provide under subsection (a) of section 3104 of 
     title 38, United

[[Page 20390]]

     States Code, other than under paragraphs (1), (2), (5), and 
     (11) of that subsection, shall be charged to this account.

                   veterans insurance and indemnities

       For military and naval insurance, national service life 
     insurance, servicemen's indemnities, service-disabled 
     veterans insurance, and veterans mortgage life insurance as 
     authorized by chapters 19 and 21, title 38, United States 
     Code, $100,252,000, to remain available until expended.

                 veterans housing benefit program fund

       For the cost of direct and guaranteed loans, such sums as 
     may be necessary to carry out the program, as authorized by 
     subchapters I through III of chapter 37 of title 38, United 
     States Code:  Provided, That such costs, including the cost 
     of modifying such loans, shall be as defined in section 502 
     of the Congressional Budget Act of 1974:  Provided further, 
     That during fiscal year 2012, within the resources available, 
     not to exceed $500,000 in gross obligations for direct loans 
     are authorized for specially adapted housing loans.
       In addition, for administrative expenses to carry out the 
     direct and guaranteed loan programs, $154,698,000.

            vocational rehabilitation loans program account

       For the cost of direct loans, $19,000, as authorized by 
     chapter 31 of title 38, United States Code:  Provided, That 
     such costs, including the cost of modifying such loans, shall 
     be as defined in section 502 of the Congressional Budget Act 
     of 1974:  Provided further, That funds made available under 
     this heading are available to subsidize gross obligations for 
     the principal amount of direct loans not to exceed 
     $3,019,000.
       In addition, for administrative expenses necessary to carry 
     out the direct loan program, $343,000, which may be paid to 
     the appropriation for ``General operating expenses, Veterans 
     Benefits Administration''.

          native american veteran housing loan program account

       For administrative expenses to carry out the direct loan 
     program authorized by subchapter V of chapter 37 of title 38, 
     United States Code, $1,116,000.

                     Veterans Health Administration

                            medical services

       For necessary expenses for furnishing, as authorized by 
     law, inpatient and outpatient care and treatment to 
     beneficiaries of the Department of Veterans Affairs and 
     veterans described in section 1705(a) of title 38, United 
     States Code, including care and treatment in facilities not 
     under the jurisdiction of the Department, and including 
     medical supplies and equipment, food services, and salaries 
     and expenses of health care employees hired under title 38, 
     United States Code, aid to State homes as authorized by 
     section 1741 of title 38, United States Code, assistance and 
     support services for caregivers as authorized by section 
     1720G of title 38, United States Code, and loan repayments 
     authorized by section 604 of the Caregivers and Veterans 
     Omnibus Health Services Act of 2010 (Public Law 111-163; 124 
     Stat. 1174; 38 U.S.C. 7681 note) $41,354,000,000, plus 
     reimbursements, shall become available on October 1, 2012, 
     and shall remain available until September 30, 2013:  
     Provided, That notwithstanding any other provision of law, 
     the Secretary of Veterans Affairs shall establish a priority 
     for the provision of medical treatment for veterans who have 
     service-connected disabilities, lower income, or have special 
     needs:  Provided further, That notwithstanding any other 
     provision of law, the Secretary of Veterans Affairs shall 
     give priority funding for the provision of basic medical 
     benefits to veterans in enrollment priority groups 1 through 
     6:  Provided further, That notwithstanding any other 
     provision of law, the Secretary of Veterans Affairs may 
     authorize the dispensing of prescription drugs from Veterans 
     Health Administration facilities to enrolled veterans with 
     privately written prescriptions based on requirements 
     established by the Secretary:  Provided further, That the 
     implementation of the program described in the previous 
     proviso shall incur no additional cost to the Department of 
     Veterans Affairs.

                     medical support and compliance

       For necessary expenses in the administration of the 
     medical, hospital, nursing home, domiciliary, construction, 
     supply, and research activities, as authorized by law; 
     administrative expenses in support of capital policy 
     activities; and administrative and legal expenses of the 
     Department for collecting and recovering amounts owed the 
     Department as authorized under chapter 17 of title 38, United 
     States Code, and the Federal Medical Care Recovery Act (42 
     U.S.C. 2651 et seq.); $5,746,000,000, plus reimbursements, 
     shall become available on October 1, 2012, and shall remain 
     available until September 30, 2013.

                           medical facilities

       For necessary expenses for the maintenance and operation of 
     hospitals, nursing homes, domiciliary facilities, and other 
     necessary facilities of the Veterans Health Administration; 
     for administrative expenses in support of planning, design, 
     project management, real property acquisition and 
     disposition, construction, and renovation of any facility 
     under the jurisdiction or for the use of the Department; for 
     oversight, engineering, and architectural activities not 
     charged to project costs; for repairing, altering, improving, 
     or providing facilities in the several hospitals and homes 
     under the jurisdiction of the Department, not otherwise 
     provided for, either by contract or by the hire of temporary 
     employees and purchase of materials; for leases of 
     facilities; and for laundry services, $5,441,000,000, plus 
     reimbursements, shall become available on October 1, 2012, 
     and shall remain available until September 30, 2013.

                    medical and prosthetic research

       For necessary expenses in carrying out programs of medical 
     and prosthetic research and development as authorized by 
     chapter 73 of title 38, United States Code, $581,000,000, 
     plus reimbursements, shall remain available until September 
     30, 2013.

                    National Cemetery Administration

       For necessary expenses of the National Cemetery 
     Administration for operations and maintenance, not otherwise 
     provided for, including uniforms or allowances therefor; 
     cemeterial expenses as authorized by law; purchase of one 
     passenger motor vehicle for use in cemeterial operations; 
     hire of passenger motor vehicles; and repair, alteration or 
     improvement of facilities under the jurisdiction of the 
     National Cemetery Administration, $250,934,000, of which not 
     to exceed $25,100,000 shall remain available until September 
     30, 2013:  Provided, That none of the funds under this 
     heading may be used to expand the Urban Initiative project 
     beyond those sites outlined in the fiscal year 2012 or 
     previous budget submissions until the National Cemetery 
     Administration submits to the Committees on Appropriations of 
     both Houses of Congress a detailed strategy to serve the 
     burial needs of veterans residing in rural and highly rural 
     areas:  Provided further, That the report shall include a 
     timeline for implementation of such strategy and cost 
     estimates of establishing new burial sites in at least five 
     rural or highly rural locations.

                      Departmental Administration

                         general administration

                     (including transfer of funds)

       For necessary operating expenses of the Department of 
     Veterans Affairs, not otherwise provided for, including 
     administrative expenses in support of Department-Wide capital 
     planning, management and policy activities, uniforms, or 
     allowances therefor; not to exceed $25,000 for official 
     reception and representation expenses; hire of passenger 
     motor vehicles; and reimbursement of the General Services 
     Administration for security guard services, $416,737,000, of 
     which not to exceed $20,837,000 shall remain available until 
     September 30, 2013:  Provided, That funds provided under this 
     heading may be transferred to ``General operating expenses, 
     Veterans Benefits Administration''.

      general operating expenses, veterans benefits administration

       For necessary operating expenses of the Veterans Benefits 
     Administration, not otherwise provided for, including hire of 
     passenger motor vehicles, reimbursement of the General 
     Services Administration for security guard services, and 
     reimbursement of the Department of Defense for the cost of 
     overseas employee mail, $2,018,764,000:  Provided, That 
     expenses for services and assistance authorized under 
     paragraphs (1), (2), (5), and (11) of section 3104(a) of 
     title 38, United States Code, that the Secretary of Veterans 
     Affairs determines are necessary to enable entitled veterans: 
     (1) to the maximum extent feasible, to become employable and 
     to obtain and maintain suitable employment; or (2) to achieve 
     maximum independence in daily living, shall be charged to 
     this account:  Provided further, That of the funds made 
     available under this heading, not to exceed $105,000,000 
     shall remain available until September 30, 2013:  Provided 
     further, That from the funds made available under this 
     heading, the Veterans Benefits Administration may purchase 
     (on a one-for-one replacement basis only) up to two passenger 
     motor vehicles for use in operations of that Administration 
     in Manila, Philippines.

                     information technology systems

       For necessary expenses for information technology systems 
     and telecommunications support, including developmental 
     information systems and operational information systems; for 
     pay and associated costs; and for the capital asset 
     acquisition of information technology systems, including 
     management and related contractual costs of said 
     acquisitions, including contractual costs associated with 
     operations authorized by section 3109 of title 5, United 
     States Code, $3,111,376,000, plus reimbursements:  Provided, 
     That $915,000,000 shall be for pay and associated costs, of 
     which not to exceed $25,000,000 shall remain available until 
     September 30, 2013:  Provided further, That $1,616,018,000 
     shall be for operations and maintenance, of which not to 
     exceed $110,000,000 shall remain available until September 
     30, 2013:  Provided further, That $580,358,000 shall be for 
     information technology systems development, modernization, 
     and enhancement, and shall remain available until September 
     30, 2013:  Provided further, That none of the funds made 
     available under this heading may be obligated until the 
     Department of Veterans Affairs submits to the Committees on 
     Appropriations of both Houses of Congress, and such 
     Committees approve, a plan for expenditure that: (1) meets 
     the capital planning and investment control review 
     requirements established by the Office of Management and 
     Budget; (2) complies with the Department of Veterans Affairs 
     enterprise architecture; (3) conforms with an established 
     enterprise life cycle methodology; and (4) complies with the 
     acquisition rules, requirements, guidelines, and systems 
     acquisition

[[Page 20391]]

     management practices of the Federal Government:  Provided 
     further, That amounts made available for information 
     technology systems development, modernization, and 
     enhancement may not be obligated or expended until the 
     Secretary of Veterans Affairs or the Chief Information 
     Officer of the Department of Veterans Affairs submits to the 
     Committees on Appropriations of both Houses of Congress a 
     certification of the amounts, in parts or in full, to be 
     obligated and expended for each development project:  
     Provided further, That amounts made available for salaries 
     and expenses, operations and maintenance, and information 
     technology systems development, modernization, and 
     enhancement may be transferred among the three subaccounts 
     after the Secretary of Veterans Affairs requests from the 
     Committees on Appropriations of both Houses of Congress the 
     authority to make the transfer and an approval is issued:  
     Provided further, That the funds made available under this 
     heading for information technology systems development, 
     modernization, and enhancement, shall be for the projects, 
     and in the amounts, specified under this heading in the Joint 
     Explanatory Statement of the Committee of Conference.

                      office of inspector general

       For necessary expenses of the Office of Inspector General, 
     to include information technology, in carrying out the 
     provisions of the Inspector General Act of 1978 (5 U.S.C. 
     App.), $112,391,000, of which $6,000,000 shall remain 
     available until September 30, 2013.

                      construction, major projects

       For constructing, altering, extending, and improving any of 
     the facilities, including parking projects, under the 
     jurisdiction or for the use of the Department of Veterans 
     Affairs, or for any of the purposes set forth in sections 
     316, 2404, 2406, 8102, 8103, 8106, 8108, 8109, 8110, and 8122 
     of title 38, United States Code, including planning, 
     architectural and engineering services, construction 
     management services, maintenance or guarantee period services 
     costs associated with equipment guarantees provided under the 
     project, services of claims analysts, offsite utility and 
     storm drainage system construction costs, and site 
     acquisition, where the estimated cost of a project is more 
     than the amount set forth in section 8104(a)(3)(A) of title 
     38, United States Code, or where funds for a project were 
     made available in a previous major project appropriation, 
     $589,604,000, to remain available until expended, of which 
     $5,000,000 shall be to make reimbursements as provided in 
     section 13 of the Contract Disputes Act of 1978 (41 U.S.C. 
     612) for claims paid for contract disputes:  Provided, That 
     except for advance planning activities, including needs 
     assessments which may or may not lead to capital investments, 
     and other capital asset management related activities, 
     including portfolio development and management activities, 
     and investment strategy studies funded through the advance 
     planning fund and the planning and design activities funded 
     through the design fund, including needs assessments which 
     may or may not lead to capital investments, and salaries and 
     associated costs of the resident engineers who oversee those 
     capital investments funded through this account, and funds 
     provided for the purchase of land for the National Cemetery 
     Administration through the land acquisition line item, none 
     of the funds made available under this heading shall be used 
     for any project which has not been approved by the Congress 
     in the budgetary process:  Provided further, That funds made 
     available under this heading for fiscal year 2012, for each 
     approved project shall be obligated: (1) by the awarding of a 
     construction documents contract by September 30, 2012; and 
     (2) by the awarding of a construction contract by September 
     30, 2013:  Provided further, That the Secretary of Veterans 
     Affairs shall promptly submit to the Committees on 
     Appropriations of both Houses of Congress a written report on 
     any approved major construction project for which obligations 
     are not incurred within the time limitations established 
     above.

                      construction, minor projects

       For constructing, altering, extending, and improving any of 
     the facilities, including parking projects, under the 
     jurisdiction or for the use of the Department of Veterans 
     Affairs, including planning and assessments of needs which 
     may lead to capital investments, architectural and 
     engineering services, maintenance or guarantee period 
     services costs associated with equipment guarantees provided 
     under the project, services of claims analysts, offsite 
     utility and storm drainage system construction costs, and 
     site acquisition, or for any of the purposes set forth in 
     sections 316, 2404, 2406, 8102, 8103, 8106, 8108, 8109, 8110, 
     8122, and 8162 of title 38, United States Code, where the 
     estimated cost of a project is equal to or less than the 
     amount set forth in section 8104(a)(3)(A) of title 38, United 
     States Code, $482,386,000, to remain available until 
     expended, along with unobligated balances of previous 
     ``Construction, minor projects'' appropriations which are 
     hereby made available for any project where the estimated 
     cost is equal to or less than the amount set forth in such 
     section:  Provided, That funds made available under this 
     heading shall be for: (1) repairs to any of the nonmedical 
     facilities under the jurisdiction or for the use of the 
     Department which are necessary because of loss or damage 
     caused by any natural disaster or catastrophe; and (2) 
     temporary measures necessary to prevent or to minimize 
     further loss by such causes.

       grants for construction of state extended care facilities

       For grants to assist States to acquire or construct State 
     nursing home and domiciliary facilities and to remodel, 
     modify, or alter existing hospital, nursing home, and 
     domiciliary facilities in State homes, for furnishing care to 
     veterans as authorized by sections 8131 through 8137 of title 
     38, United States Code, $85,000,000, to remain available 
     until expended.

             grants for construction of veterans cemeteries

       For grants to assist States and tribal governments in 
     establishing, expanding, or improving veterans cemeteries as 
     authorized by section 2408 of title 38, United States Code, 
     $46,000,000, to remain available until expended.

                       Administrative Provisions

                     (including transfer of funds)

       Sec. 201.  Any appropriation for fiscal year 2012 for 
     ``Compensation and pensions'', ``Readjustment benefits'', and 
     ``Veterans insurance and indemnities'' may be transferred as 
     necessary to any other of the mentioned appropriations:  
     Provided, That before a transfer may take place, the 
     Secretary of Veterans Affairs shall request from the 
     Committees on Appropriations of both Houses of Congress the 
     authority to make the transfer and such Committees issue an 
     approval, or absent a response, a period of 30 days has 
     elapsed.

                     (including transfer of funds)

       Sec. 202.  Amounts made available for the Department of 
     Veterans Affairs for fiscal year 2012, in this Act or any 
     other Act, under the ``Medical services'', ``Medical support 
     and compliance'', and ``Medical facilities'' accounts may be 
     transferred among the accounts:  Provided, That any transfers 
     between the ``Medical services'' and ``Medical support and 
     compliance'' accounts of 1 percent or less of the total 
     amount appropriated to the account in this or any other Act 
     may take place subject to notification from the Secretary of 
     Veterans Affairs to the Committees on Appropriations of both 
     Houses of Congress of the amount and purpose of the transfer: 
      Provided further, That any transfers between the ``Medical 
     services'' and ``Medical support and compliance'' accounts in 
     excess of 1 percent, or exceeding the cumulative 1 percent 
     for the fiscal year, may take place only after the Secretary 
     requests from the Committees on Appropriations of both Houses 
     of Congress the authority to make the transfer and an 
     approval is issued:  Provided further, That any transfers to 
     or from the ``Medical facilities'' account may take place 
     only after the Secretary requests from the Committees on 
     Appropriations of both Houses of Congress the authority to 
     make the transfer and an approval is issued.
       Sec. 203.  Appropriations available in this title for 
     salaries and expenses shall be available for services 
     authorized by section 3109 of title 5, United States Code, 
     hire of passenger motor vehicles; lease of a facility or land 
     or both; and uniforms or allowances therefore, as authorized 
     by sections 5901 through 5902 of title 5, United States Code.
       Sec. 204.  No appropriations in this title (except the 
     appropriations for ``Construction, major projects'', and 
     ``Construction, minor projects'') shall be available for the 
     purchase of any site for or toward the construction of any 
     new hospital or home.
       Sec. 205.  No appropriations in this title shall be 
     available for hospitalization or examination of any persons 
     (except beneficiaries entitled to such hospitalization or 
     examination under the laws providing such benefits to 
     veterans, and persons receiving such treatment under sections 
     7901 through 7904 of title 5, United States Code, or the 
     Robert T. Stafford Disaster Relief and Emergency Assistance 
     Act (42 U.S.C. 5121 et seq.)), unless reimbursement of the 
     cost of such hospitalization or examination is made to the 
     ``Medical services'' account at such rates as may be fixed by 
     the Secretary of Veterans Affairs.
       Sec. 206.  Appropriations available in this title for 
     ``Compensation and pensions'', ``Readjustment benefits'', and 
     ``Veterans insurance and indemnities'' shall be available for 
     payment of prior year accrued obligations required to be 
     recorded by law against the corresponding prior year accounts 
     within the last quarter of fiscal year 2011.
       Sec. 207.  Appropriations available in this title shall be 
     available to pay prior year obligations of corresponding 
     prior year appropriations accounts resulting from sections 
     3328(a), 3334, and 3712(a) of title 31, United States Code, 
     except that if such obligations are from trust fund accounts 
     they shall be payable only from ``Compensation and 
     pensions''.

                     (including transfer of funds)

       Sec. 208.  Notwithstanding any other provision of law, 
     during fiscal year 2012, the Secretary of Veterans Affairs 
     shall, from the National Service Life Insurance Fund under 
     section 1920 of title 38, United States Code, the Veterans' 
     Special Life Insurance Fund under section 1923 of title 38, 
     United States Code, and the United States Government Life 
     Insurance Fund under section 1955 of title 38, United States 
     Code, reimburse the ``General operating expenses, Veterans 
     Benefits Administration'' and ``Information technology 
     systems'' accounts for the cost of administration of the 
     insurance programs financed through those accounts:  
     Provided, That reimbursement shall be made only from the 
     surplus earnings accumulated in such an insurance program 
     during fiscal year 2012 that are available for dividends in 
     that program after claims have been paid and actuarially 
     determined reserves have been set aside:  Provided further, 
     That if the cost of administration of such an insurance 
     program exceeds the amount of surplus earnings accumulated in 
     that program, reimbursement

[[Page 20392]]

     shall be made only to the extent of such surplus earnings:  
     Provided further, That the Secretary shall determine the cost 
     of administration for fiscal year 2012 which is properly 
     allocable to the provision of each such insurance program and 
     to the provision of any total disability income insurance 
     included in that insurance program.
       Sec. 209.  Amounts deducted from enhanced-use lease 
     proceeds to reimburse an account for expenses incurred by 
     that account during a prior fiscal year for providing 
     enhanced-use lease services, may be obligated during the 
     fiscal year in which the proceeds are received.

                     (including transfer of funds)

       Sec. 210.  Funds available in this title or funds for 
     salaries and other administrative expenses shall also be 
     available to reimburse the Office of Resolution Management of 
     the Department of Veterans Affairs and the Office of 
     Employment Discrimination Complaint Adjudication under 
     section 319 of title 38, United States Code, for all services 
     provided at rates which will recover actual costs but not 
     exceed $42,904,000 for the Office of Resolution Management 
     and $3,360,000 for the Office of Employment and 
     Discrimination Complaint Adjudication:  Provided, That 
     payments may be made in advance for services to be furnished 
     based on estimated costs:  Provided further, That amounts 
     received shall be credited to the ``General administration'' 
     and ``Information technology systems'' accounts for use by 
     the office that provided the service.
       Sec. 211.  No appropriations in this title shall be 
     available to enter into any new lease of real property if the 
     estimated annual rental cost is more than $1,000,000, unless 
     the Secretary submits a report which the Committees on 
     Appropriations of both Houses of Congress approve within 30 
     days following the date on which the report is received.
       Sec. 212.  No funds of the Department of Veterans Affairs 
     shall be available for hospital care, nursing home care, or 
     medical services provided to any person under chapter 17 of 
     title 38, United States Code, for a non-service-connected 
     disability described in section 1729(a)(2) of such title, 
     unless that person has disclosed to the Secretary of Veterans 
     Affairs, in such form as the Secretary may require, current, 
     accurate third-party reimbursement information for purposes 
     of section 1729 of such title:  Provided, That the Secretary 
     may recover, in the same manner as any other debt due the 
     United States, the reasonable charges for such care or 
     services from any person who does not make such disclosure as 
     required:  Provided further, That any amounts so recovered 
     for care or services provided in a prior fiscal year may be 
     obligated by the Secretary during the fiscal year in which 
     amounts are received.

                     (including transfer of funds)

       Sec. 213.  Notwithstanding any other provision of law, 
     proceeds or revenues derived from enhanced-use leasing 
     activities (including disposal) may be deposited into the 
     ``Construction, major projects'' and ``Construction, minor 
     projects'' accounts and be used for construction (including 
     site acquisition and disposition), alterations, and 
     improvements of any medical facility under the jurisdiction 
     or for the use of the Department of Veterans Affairs. Such 
     sums as realized are in addition to the amount provided for 
     in ``Construction, major projects'' and ``Construction, minor 
     projects''.
       Sec. 214.  Amounts made available under ``Medical 
     services'' are available--
       (1) for furnishing recreational facilities, supplies, and 
     equipment; and
       (2) for funeral expenses, burial expenses, and other 
     expenses incidental to funerals and burials for beneficiaries 
     receiving care in the Department.

                     (including transfer of funds)

       Sec. 215.  Such sums as may be deposited to the Medical 
     Care Collections Fund pursuant to section 1729A of title 38, 
     United States Code, may be transferred to ``Medical 
     services'', to remain available until expended for the 
     purposes of that account.
       Sec. 216.  The Secretary of Veterans Affairs may enter into 
     agreements with Indian tribes and tribal organizations which 
     are party to the Alaska Native Health Compact with the Indian 
     Health Service, and Indian tribes and tribal organizations 
     serving rural Alaska which have entered into contracts with 
     the Indian Health Service under the Indian Self Determination 
     and Educational Assistance Act, to provide healthcare, 
     including behavioral health and dental care. The Secretary 
     shall require participating veterans and facilities to comply 
     with all appropriate rules and regulations, as established by 
     the Secretary. The term ``rural Alaska'' shall mean those 
     lands sited within the external boundaries of the Alaska 
     Native regions specified in sections 7(a)(1)-(4) and (7)-(12) 
     of the Alaska Native Claims Settlement Act, as amended (43 
     U.S.C. 1606), and those lands within the Alaska Native 
     regions specified in sections 7(a)(5) and 7(a)(6) of the 
     Alaska Native Claims Settlement Act, as amended (43 U.S.C. 
     1606), which are not within the boundaries of the 
     Municipality of Anchorage, the Fairbanks North Star Borough, 
     the Kenai Peninsula Borough or the Matanuska Susitna Borough.

                     (including transfer of funds)

       Sec. 217.  Such sums as may be deposited to the Department 
     of Veterans Affairs Capital Asset Fund pursuant to section 
     8118 of title 38, United States Code, may be transferred to 
     the ``Construction, major projects'' and ``Construction, 
     minor projects'' accounts, to remain available until expended 
     for the purposes of these accounts.
       Sec. 218.  None of the funds made available in this title 
     may be used to implement any policy prohibiting the Directors 
     of the Veterans Integrated Services Networks from conducting 
     outreach or marketing to enroll new veterans within their 
     respective Networks.
       Sec. 219.  The Secretary of Veterans Affairs shall submit 
     to the Committees on Appropriations of both Houses of 
     Congress a quarterly report on the financial status of the 
     Veterans Health Administration.

                     (including transfer of funds)

       Sec. 220.  Amounts made available under the ``Medical 
     services'', ``Medical support and compliance'', ``Medical 
     facilities'', ``General operating expenses, Veterans Benefits 
     Administration'', ``General administration'', and ``National 
     Cemetery Administration'' accounts for fiscal year 2012, may 
     be transferred to or from the ``Information technology 
     systems'' account:  Provided, That before a transfer may take 
     place, the Secretary of Veterans Affairs shall request from 
     the Committees on Appropriations of both Houses of Congress 
     the authority to make the transfer and an approval is issued.

                     (including transfer of funds)

       Sec. 221.  Amounts made available for the ``Information 
     technology systems'' account for development, modernization, 
     and enhancement may be transferred between projects or to 
     newly defined projects:  Provided, That no project may be 
     increased or decreased by more than $1,000,000 of cost prior 
     to submitting a request to the Committees on Appropriations 
     of both Houses of Congress to make the transfer and an 
     approval is issued, or absent a response, a period of 30 days 
     has elapsed.
       Sec. 222.  None of the funds appropriated or otherwise made 
     available by this Act or any other Act for the Department of 
     Veterans Affairs may be used in a manner that is inconsistent 
     with: (1) section 842 of the Transportation, Treasury, 
     Housing and Urban Development, the Judiciary, the District of 
     Columbia, and Independent Agencies Appropriations Act, 2006 
     (Public Law 109-115; 119 Stat. 2506); or (2) section 
     8110(a)(5) of title 38, United States Code.
       Sec. 223.  Of the amounts made available to the Department 
     of Veterans Affairs for fiscal year 2012, in this Act or any 
     other Act, under the ``Medical facilities'' account for 
     nonrecurring maintenance, not more than 20 percent of the 
     funds made available shall be obligated during the last 2 
     months of that fiscal year:  Provided, That the Secretary may 
     waive this requirement after providing written notice to the 
     Committees on Appropriations of both Houses of Congress.

                     (including transfer of funds)

       Sec. 224.  Of the amounts appropriated to the Department of 
     Veterans Affairs for fiscal year 2012 for ``Medical 
     services'', ``Medical support and compliance'', ``Medical 
     facilities'', ``Construction, minor projects'', and 
     ``Information technology systems'', up to $241,666,000, plus 
     reimbursements, may be transferred to the Joint Department of 
     Defense-Department of Veterans Affairs Medical Facility 
     Demonstration Fund, established by section 1704 of the 
     National Defense Authorization Act for Fiscal Year 2010 
     (Public Law 111-84; 123 Stat. 3571) and may be used for 
     operation of the facilities designated as combined Federal 
     medical facilities as described by section 706 of the Duncan 
     Hunter National Defense Authorization Act for Fiscal Year 
     2009 (Public Law 110-417; 122 Stat. 4500):  Provided, That 
     additional funds may be transferred from accounts designated 
     in this section to the Joint Department of Defense-Department 
     of Veterans Affairs Medical Facility Demonstration Fund upon 
     written notification by the Secretary of Veterans Affairs to 
     the Committees on Appropriations of both Houses of Congress.

                     (including transfer of funds)

       Sec. 225.  Such sums as may be deposited to the Medical 
     Care Collections Fund pursuant to section 1729A of title 38, 
     United States Code, for health care provided at facilities 
     designated as combined Federal medical facilities as 
     described by section 706 of the Duncan Hunter National 
     Defense Authorization Act for Fiscal Year 2009 (Public Law 
     110-417; 122 Stat. 4500) shall also be available: (1) for 
     transfer to the Joint Department of Defense-Department of 
     Veterans Affairs Medical Facility Demonstration Fund, 
     established by section 1704 of the National Defense 
     Authorization Act for Fiscal Year 2010 (Public Law 111-84; 
     123 Stat. 3571); and (2) for operations of the facilities 
     designated as combined Federal medical facilities as 
     described by section 706 of the Duncan Hunter National 
     Defense Authorization Act for Fiscal Year 2009 (Public Law 
     110-417; 122 Stat. 4500).

                     (including transfer of funds)

       Sec. 226.  Of the amounts available in this title for 
     ``Medical services'', ``Medical support and compliance'', and 
     ``Medical facilities'', a minimum of $15,000,000, shall be 
     transferred to the DOD-VA Health Care Sharing Incentive Fund, 
     as authorized by section 8111(d) of title 38, United States 
     Code, to remain available until expended, for any purpose 
     authorized by section 8111 of title 38, United States Code.

                    (including rescissions of funds)

       Sec. 227. (a) Of the funds appropriated in title X of 
     division B of Public Law 112-10, the following amounts which 
     became available on October 1, 2011, are hereby rescinded 
     from the following accounts in the amounts specified:
       (1) ``Department of Veterans Affairs, Medical services'', 
     $1,400,000,000.
       (2) ``Department of Veterans Affairs, Medical support and 
     compliance'', $100,000,000.

[[Page 20393]]

       (3) ``Department of Veterans Affairs, Medical facilities'', 
     $250,000,000.
       (b) In addition to amounts provided elsewhere in this Act, 
     an additional amount is appropriated to the following 
     accounts in the amounts specified to remain available until 
     September 30, 2013:
       (1) ``Department of Veterans Affairs, Medical services'', 
     $1,400,000,000.
       (2) ``Department of Veterans Affairs, Medical support and 
     compliance'', $100,000,000.
       (3) ``Department of Veterans Affairs, Medical facilities'', 
     $250,000,000.
       Sec. 228.  The Secretary of the Department of Veterans 
     Affairs shall notify the Committees on Appropriations of both 
     Houses of Congress of all bid savings in major construction 
     projects that total at least $5,000,000, or 5 percent of the 
     programmed amount of the project, whichever is less:  
     Provided, That such notification shall occur within 14 days 
     of a contract identifying the programmed amount:  Provided 
     further, That the Secretary shall notify the committees 14 
     days prior to the obligation of such bid savings and shall 
     describe the anticipated use of such savings.
       Sec. 229.  The scope of work for a project included in 
     ``Construction, major projects'' may not be increased above 
     the scope specified for that project in the original 
     justification data provided to the Congress as part of the 
     request for appropriations.
       Sec. 230. (a) Exception With Respect to Confidential Nature 
     of Claims.--Section 5701 of title 38, United States Code, is 
     amended by adding at the end the following new subsection:
       ``(l) Under regulations the Secretary shall prescribe, the 
     Secretary may disclose information about a veteran or the 
     dependent of a veteran to a State controlled substance 
     monitoring program, including a program approved by the 
     Secretary of Health and Human Services under section 399O of 
     the Public Health Service Act (42 U.S.C. 280g-3), to the 
     extent necessary to prevent misuse and diversion of 
     prescription medicines.''.
       (b) Exception With Respect to Confidentiality of Certain 
     Medical Records.--Section 7332(b)(2) of title 38, United 
     States Code, is amended by adding at the end the following 
     new subparagraph:
       ``(G) To a State controlled substance monitoring program, 
     including a program approved by the Secretary of Health and 
     Human Services under section 399O of the Public Health 
     Service Act (42 U.S.C. 280g-3), to the extent necessary to 
     prevent misuse and diversion of prescription medicines.''.
       Sec. 231.  The Secretary of Veterans Affairs shall provide 
     on a quarterly basis to the Committees on Appropriations of 
     both Houses of Congress notification of any single national 
     outreach and awareness marketing campaign in which 
     obligations exceed $2,000,000. The first report shall be 
     submitted no later than April 15, 2012.
       Sec. 232.  None of the funds made available by this Act may 
     be used to declare as excess to the needs of the Department 
     of Veterans Affairs or otherwise take any action to exchange, 
     trade, auction, transfer, or otherwise dispose of, or reduce 
     the acreage of, Federal land and improvements at the St. 
     Albans campus, consisting of approximately 55 acres of land, 
     with borders near Linden Boulevard on the northwest, 115th 
     Avenue on the west, the Long Island Railroad on the 
     northeast, and Baisley Boulevard on the southeast.
       Sec. 233.  None of the funds made available in this Act may 
     be used to enter into a contract using procedures that do not 
     give to small business concerns owned and controlled by 
     veterans (as that term is defined in section 3(q)(3) of the 
     Small Business Act (15 U.S.C. 632(q)(3)) that are included in 
     the database under section 8127(f) of title 38, United States 
     Code, any preference available with respect to such contract, 
     except for a preference given to small business concerns 
     owned and controlled by service-disabled veterans (as defined 
     in section 3(q)(2) of the Small Business Act (15 U.S.C. 
     632(q)(2)).
       Sec. 234.  Section 315(b) of title 38, United States Code, 
     is amended by striking ``December 31, 2011'' and inserting 
     ``December 31, 2012''.

                               TITLE III

                            RELATED AGENCIES

                  American Battle Monuments Commission

                         salaries and expenses

       For necessary expenses, not otherwise provided for, of the 
     American Battle Monuments Commission, including the 
     acquisition of land or interest in land in foreign countries; 
     purchases and repair of uniforms for caretakers of national 
     cemeteries and monuments outside of the United States and its 
     territories and possessions; rent of office and garage space 
     in foreign countries; purchase (one-for-one replacement basis 
     only) and hire of passenger motor vehicles; not to exceed 
     $7,500 for official reception and representation expenses; 
     and insurance of official motor vehicles in foreign 
     countries, when required by law of such countries, 
     $61,100,000, to remain available until expended.

                 foreign currency fluctuations account

       For necessary expenses, not otherwise provided for, of the 
     American Battle Monuments Commission, such sums as may be 
     necessary, to remain available until expended, for purposes 
     authorized by section 2109 of title 36, United States Code.

           United States Court of Appeals for Veterans Claims

                         salaries and expenses

       For necessary expenses for the operation of the United 
     States Court of Appeals for Veterans Claims as authorized by 
     sections 7251 through 7298 of title 38, United States Code, 
     $30,770,000:  Provided, That $2,726,323 shall be available 
     for the purpose of providing financial assistance as 
     described, and in accordance with the process and reporting 
     procedures set forth, under this heading in Public Law 102-
     229.

                      Department of Defense--Civil

                       Cemeterial Expenses, Army

                         salaries and expenses

       For necessary expenses, as authorized by law, for 
     maintenance, operation, and improvement of Arlington National 
     Cemetery and Soldiers' and Airmen's Home National Cemetery, 
     including the purchase or lease of passenger motor vehicles 
     for replacement on a one-for-one basis only, and not to 
     exceed $1,000 for official reception and representation 
     expenses, $45,800,000, to remain available until expended. In 
     addition, such sums as may be necessary for parking 
     maintenance, repairs and replacement, to be derived from the 
     ``Lease of Department of Defense Real Property for Defense 
     Agencies'' account.
       Funds appropriated under this Act may be provided to 
     Arlington County, Virginia, for the relocation of the 
     federally owned water main at Arlington National Cemetery 
     making additional land available for ground burials.

                      Armed Forces Retirement Home

                               trust fund

       For expenses necessary for the Armed Forces Retirement Home 
     to operate and maintain the Armed Forces Retirement Home--
     Washington, District of Columbia, and the Armed Forces 
     Retirement Home--Gulfport, Mississippi, to be paid from funds 
     available in the Armed Forces Retirement Home Trust Fund, 
     $67,700,000, of which $2,000,000 shall remain available until 
     expended for construction and renovation of the physical 
     plants at the Armed Forces Retirement Home--Washington, 
     District of Columbia, and the Armed Forces Retirement Home--
     Gulfport, Mississippi.

           general fund payment, armed forces retirement home

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

                                TITLE IV

                    OVERSEAS CONTINGENCY OPERATIONS

                         DEPARTMENT OF DEFENSE

                      Military Construction, Army

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

              Military Construction, Navy and Marine Corps

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

                       Administrative Provisions

                    (including rescission of funds)

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

                                TITLE V

                           GENERAL PROVISIONS

       Sec. 501.  No part of any appropriation contained in this 
     Act shall remain available for obligation beyond the current 
     fiscal year unless expressly so provided herein.
       Sec. 502.  None of the funds made available in this Act may 
     be used for any program, project, or activity, when it is 
     made known to the Federal entity or official to which the 
     funds are made available that the program, project, or 
     activity is not in compliance with any Federal law relating 
     to risk assessment, the protection of private property 
     rights, or unfunded mandates.
       Sec. 503.  Such sums as may be necessary for fiscal year 
     2012 for pay raises for programs funded by this Act shall be 
     absorbed within the levels appropriated in this Act.
       Sec. 504.  No part of any funds appropriated in this Act 
     shall be used by an agency of the executive branch, other 
     than for normal and recognized executive-legislative 
     relationships, for publicity or propaganda purposes, and for 
     the preparation, distribution, or use of any kit, pamphlet, 
     booklet, publication, radio, television, or film presentation 
     designed to support or defeat legislation pending before 
     Congress, except in presentation to Congress itself.
       Sec. 505.  All departments and agencies funded under this 
     Act are encouraged, within the limits of the existing 
     statutory authorities and funding, to expand their use of 
     ``E-Commerce'' technologies and procedures in the conduct of 
     their business practices and public service activities.
       Sec. 506.  Unless stated otherwise, all reports and 
     notifications required by this Act shall be

[[Page 20394]]

     submitted to the Subcommittee on Military Construction and 
     Veterans Affairs, and Related Agencies of the Committee on 
     Appropriations of the House of Representatives and the 
     Subcommittee on Military Construction and Veterans Affairs, 
     and Related Agencies of the Committee on Appropriations of 
     the Senate.
       Sec. 507.  None of the funds made available in this Act may 
     be transferred to any department, agency, or instrumentality 
     of the United States Government except pursuant to a transfer 
     made by, or transfer authority provided in, this or any other 
     appropriations Act.
       Sec. 508.  None of the funds made available in this Act may 
     be used for a project or program named for an individual 
     serving as a Member, Delegate, or Resident Commissioner of 
     the United States House of Representatives.
       Sec. 509. (a) Any agency receiving funds made available in 
     this Act, shall, subject to subsections (b) and (c), post on 
     the public website of that agency any report required to be 
     submitted by the Congress in this or any other Act, upon the 
     determination by the head of the agency that it shall serve 
     the national interest.
       (b) Subsection (a) shall not apply to a report if--
       (1) the public posting of the report compromises national 
     security; or
       (2) the report contains confidential or proprietary 
     information.
       (c) The head of the agency posting such report shall do so 
     only after such report has been made available to the 
     requesting Committee or Committees of Congress for no less 
     than 45 days.
       Sec. 510. (a) None of the funds made available in this Act 
     may be used to maintain or establish a computer network 
     unless such network blocks the viewing, downloading, and 
     exchanging of pornography.
       (b) Nothing in subsection (a) shall limit the use of funds 
     necessary for any Federal, State, tribal, or local law 
     enforcement agency or any other entity carrying out criminal 
     investigations, prosecution, or adjudication activities.
       Sec. 511. (a) In General.--None of the funds appropriated 
     or otherwise made available to the Department of Defense in 
     this Act may be used to construct, renovate, or expand any 
     facility in the United States, its territories, or 
     possessions to house any individual detained at United States 
     Naval Station, Guantanamo Bay, Cuba, for the purposes of 
     detention or imprisonment in the custody or under the control 
     of the Department of Defense.
       (b) The prohibition in subsection (a) shall not apply to 
     any modification of facilities at United States Naval 
     Station, Guantanamo Bay, Cuba.
       (c) An individual described in this subsection is any 
     individual who, as of June 24, 2009, is located at United 
     States Naval Station, Guantanamo Bay, Cuba, and who--
       (1) is not a citizen of the United States or a member of 
     the Armed Forces of the United States; and
       (2) is--
       (A) in the custody or under the effective control of the 
     Department of Defense; or
       (B) otherwise under detention at United States Naval 
     Station, Guantanamo Bay, Cuba.
       Sec. 512.  None of the funds appropriated or otherwise made 
     available in this Act may be used by an agency of the 
     executive branch to pay for first-class travel by an employee 
     of the agency in contravention of sections 301-10.122 through 
     301-10.124 of title 41, Code of Federal Regulations.
       Sec. 513.  None of the funds provided in this Act may be 
     used to execute a contract for goods or services, including 
     construction services, where the contractor has not complied 
     with Executive Order No. 12989.
       Sec. 514.  None of the funds made available by this Act may 
     be used to enter into a contract, memorandum of 
     understanding, or cooperative agreement with, or to make a 
     grant to, any corporation that was convicted of a felony 
     criminal violation under any Federal or State law within the 
     preceding 24 months, where the awarding agency is aware of 
     the conviction, unless the agency has considered suspension 
     or debarment of the corporation and made a determination that 
     this further action is not necessary to protect the interests 
     of the Government.
        This division may be cited as the ``Military Construction 
     and Veterans Affairs, and Related Agencies Appropriations 
     Act, 2012''.

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

                                TITLE I

                 DEPARTMENT OF STATE AND RELATED AGENCY

                          DEPARTMENT OF STATE

                   Administration of Foreign Affairs

                    diplomatic and consular programs

                     (including transfer of funds)

       For necessary expenses of the Department of State and the 
     Foreign Service not otherwise provided for, $6,550,947,000, 
     of which up to $1,355,000,000 is for Worldwide Security 
     Protection (to remain available until expended):  Provided, 
     That funds made available under this heading shall be 
     allocated as follows:
       (1) Human resources.--For necessary expenses for training, 
     human resources management, and salaries, including 
     employment without regard to civil service and classification 
     laws of persons on a temporary basis (not to exceed 
     $700,000), as authorized by section 801 of the United States 
     Information and Educational Exchange Act of 1948, 
     $2,277,862,000, to remain available until September 30, 2013, 
     of which not less than $121,814,000 shall be available only 
     for public diplomacy American salaries, and up to 
     $203,800,000 is for Worldwide Security Protection and shall 
     remain available until expended.
       (2) Overseas programs.--For necessary expenses for the 
     regional bureaus of the Department of State and overseas 
     activities as authorized by law, $2,109,293,000, to remain 
     available until September 30, 2013, of which not less than 
     $347,572,000 shall be available only for public diplomacy 
     international information programs.
       (3) Diplomatic policy and support.--For necessary expenses 
     for the functional bureaus of the Department of State 
     including representation to certain international 
     organizations in which the United States participates 
     pursuant to treaties ratified pursuant to the advice and 
     consent of the Senate or specific Acts of Congress, general 
     administration, and arms control, nonproliferation and 
     disarmament activities as authorized, $822,513,000, to remain 
     available until September 30, 2013.
       (4) Security programs.--For necessary expenses for security 
     activities, $1,341,279,000, to remain available until 
     September 30, 2013, of which up to $1,151,200,000 is for 
     Worldwide Security Protection and shall remain available 
     until expended.
       (5) Fees and payments collected.--In addition to amounts 
     otherwise made available under this heading--
       (A) not to exceed $1,753,991 shall be derived from fees 
     collected from other executive agencies for lease or use of 
     facilities located at the International Center in accordance 
     with section 4 of the International Center Act, and, in 
     addition, as authorized by section 5 of such Act, $520,150, 
     to be derived from the reserve authorized by that section, to 
     be used for the purposes set out in that section;
       (B) as authorized by section 810 of the United States 
     Information and Educational Exchange Act, not to exceed 
     $5,000,000, to remain available until expended, may be 
     credited to this appropriation from fees or other payments 
     received from English teaching, library, motion pictures, and 
     publication programs and from fees from educational advising 
     and counseling and exchange visitor programs; and
       (C) not to exceed $15,000, which shall be derived from 
     reimbursements, surcharges and fees for use of Blair House 
     facilities.
       (6) Transfer, reprogramming, and other matters.--
       (A) Notwithstanding any provision of this Act, funds may be 
     reprogrammed within and between subsections under this 
     heading subject to section 7015 of this Act;
       (B) Of the amount made available under this heading, not to 
     exceed $10,000,000 may be transferred to, and merged with, 
     funds made available by this Act under the heading 
     ``Emergencies in the Diplomatic and Consular Service'', to be 
     available only for emergency evacuations and rewards, as 
     authorized; and
       (C) Funds appropriated under this heading are available for 
     acquisition by exchange or purchase of passenger motor 
     vehicles as authorized by law and, pursuant to 31 U.S.C. 
     1108(g), for the field examination of programs and activities 
     in the United States funded from any account contained in 
     this title.
       (D) Of the amount made available under this heading, up to 
     $6,000,000 may be transferred to, and merged with, funds made 
     available by this Act under the heading ``Department of 
     State, Administration of Foreign Affairs, Capital Investment 
     Fund'':  Provided, That the transfer authority of this 
     subparagraph is in addition to any other transfer authority 
     available to the Secretary of State.
       (E)(i) The headings ``Civilian Stabilization Initiative'' 
     in titles I and II of prior acts making appropriations for 
     the Department of State, foreign operations, and related 
     programs shall be renamed ``Conflict Stabilization 
     Operations''.
       (ii) Of the funds appropriated under this heading, up to 
     $35,000,000, to remain available until expended, may be 
     transferred to, and merged with, funds previously made 
     available under the heading ``Conflict Stabilization 
     Operations'' in title I of prior acts making appropriations 
     for the Department of State, foreign operations and related 
     programs, as amended by subparagraph (i).
       (F) None of the funds appropriated under this heading may 
     be used for the preservation of religious sites unless the 
     Secretary of State determines and reports to the Committees 
     on Appropriations that such sites are historically, 
     artistically, or culturally significant, that the purpose of 
     the project is neither to advance nor to inhibit the free 
     exercise of religion, and that the project is in the national 
     interest of the United States.

                        capital investment fund

       For necessary expenses of the Capital Investment Fund, 
     $59,380,000, to remain available until expended, as 
     authorized:  Provided, That section 135(e) of Public Law 103-
     236 shall not apply to funds available under this heading.

                      office of inspector general

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

               educational and cultural exchange programs

       For expenses of educational and cultural exchange programs, 
     as authorized, $583,200,000, to remain available until 
     expended:  Provided, That not to exceed $5,000,000, to remain 
     available until expended, may be credited to this 
     appropriation from fees or other payments received from or in 
     connection with English teaching,

[[Page 20395]]

     educational advising and counseling programs, and exchange 
     visitor programs as authorized.

                       representation allowances

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

              protection of foreign missions and officials

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

            embassy security, construction, and maintenance

       For necessary expenses for carrying out the Foreign Service 
     Buildings Act of 1926 (22 U.S.C. 292-303), preserving, 
     maintaining, repairing, and planning for buildings that are 
     owned or directly leased by the Department of State, 
     renovating, in addition to funds otherwise available, the 
     Harry S Truman Building, and carrying out the Diplomatic 
     Security Construction Program as authorized, $762,000,000, to 
     remain available until expended as authorized, of which not 
     to exceed $25,000 may be used for domestic and overseas 
     representation as authorized:  Provided, That none of the 
     funds appropriated in this paragraph shall be available for 
     acquisition of furniture, furnishings, or generators for 
     other departments and agencies.
       In addition, for the costs of worldwide security upgrades, 
     acquisition, and construction as authorized, $775,000,000, to 
     remain available until expended:  Provided, That not later 
     than 45 days after enactment of this Act, the Secretary of 
     State shall submit to the Committees on Appropriations the 
     proposed allocation of funds made available under this 
     heading and the actual and anticipated proceeds of sales for 
     all projects in fiscal year 2012.

           emergencies in the diplomatic and consular service

                     (including transfer of funds)

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

                   repatriation loans program account

                     (including transfer of funds)

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

              payment to the american institute in taiwan

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

     payment to the foreign service retirement and disability fund

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

                      International Organizations

              contributions to international organizations

       For necessary expenses, not otherwise provided for, to meet 
     annual obligations of membership in international 
     multilateral organizations, pursuant to treaties ratified 
     pursuant to the advice and consent of the Senate, conventions 
     or specific Acts of Congress, $1,449,700,000:  Provided, That 
     the Secretary of State shall, at the time of the submission 
     of the President's budget to Congress under section 1105(a) 
     of title 31, United States Code, transmit to the Committees 
     on Appropriations the most recent biennial budget prepared by 
     the United Nations for the operations of the United Nations:  
     Provided further, That the Secretary of State shall notify 
     the Committees on Appropriations at least 15 days in advance 
     (or in an emergency, as far in advance as is practicable) of 
     any United Nations action to increase funding for any United 
     Nations program without identifying an offsetting decrease 
     elsewhere in the United Nations budget:  Provided further, 
     That the Secretary of State shall report to the Committees on 
     Appropriations not later than May 1, 2012, on any credits 
     available to the United States from the United Nations Tax 
     Equalization Fund (TEF) and provide updated fiscal year 2013 
     assessment costs including offsets from available TEF credits 
     and updated foreign currency exchange rates:  Provided 
     further, That any such credits shall only be available for 
     United States assessed contributions to the United Nations 
     and shall be subject to the regular notification procedures 
     of the Committees on Appropriations:  Provided further, That 
     any payment of arrearages under this heading shall be 
     directed toward activities that are mutually agreed upon by 
     the United States and the respective international 
     organization:  Provided further, That none of the funds 
     appropriated under this heading shall be available for a 
     United States contribution to an international organization 
     for the United States share of interest costs made known to 
     the United States Government by such organization for loans 
     incurred on or after October 1, 1984, through external 
     borrowings.

        contributions for international peacekeeping activities

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

                       International Commissions

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

 international boundary and water commission, united states and mexico

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

                         salaries and expenses

       For salaries and expenses, not otherwise provided for, 
     $44,722,000.

                              construction

       For detailed plan preparation and construction of 
     authorized projects, $31,453,000, to remain available until 
     expended, as authorized.

              american sections, international commissions

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

                  international fisheries commissions

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

[[Page 20396]]



                             RELATED AGENCY

                    Broadcasting Board of Governors

                 international broadcasting operations

       For necessary expenses to enable the Broadcasting Board of 
     Governors (BBG), as authorized, to carry out international 
     communication activities, and to make and supervise grants 
     for radio and television broadcasting to the Middle East, 
     $740,100,000:  Provided, That funds appropriated under this 
     heading shall be made available to expand unrestricted access 
     to information on the Internet through the development and 
     use of circumvention and secure communication technologies:  
     Provided further, That the circumvention technologies and 
     programs supported by such funds shall undergo a review, to 
     include an assessment of protections against such 
     technologies being used for illicit purposes:  Provided 
     further, That the BBG shall coordinate the development and 
     use of such technologies with the Secretary of State, as 
     appropriate:  Provided further, That of the total amount 
     appropriated under this heading, not to exceed $16,000 may be 
     used for official receptions within the United States as 
     authorized, not to exceed $35,000 may be used for 
     representation abroad as authorized, and not to exceed 
     $39,000 may be used for official reception and representation 
     expenses of Radio Free Europe/Radio Liberty:  Provided 
     further, That the authority provided by section 504(c) of the 
     Foreign Relations Authorization Act, Fiscal Year 2003 (Public 
     Law 107-228; 22 U.S.C. 6206 note) shall remain in effect 
     through September 30, 2012:  Provided further, That the BBG 
     shall notify the Committees on Appropriations within 15 days 
     of any determination by the Board that any of its broadcast 
     entities, including its grantee organizations, provides an 
     open platform for international terrorists or those who 
     support international terrorism, or is in violation of the 
     principles and standards set forth in the United States 
     International Broadcasting Act of 1994 (22 U.S.C. 6202(a) and 
     (b)) or the entity's journalistic code of ethics:  Provided 
     further, That significant modifications to BBG broadcast 
     hours previously justified to Congress, including changes to 
     transmission platforms (shortwave, medium wave, satellite, 
     Internet, and television), for all BBG language services 
     shall be subject to the regular notification procedures of 
     the Committees on Appropriations:  Provided further, That in 
     addition to funds made available under this heading, and 
     notwithstanding any other provision of law, up to $2,000,000 
     in receipts from advertising and revenue from business 
     ventures, up to $500,000 in receipts from cooperating 
     international organizations, and up to $1,000,000 in receipts 
     from privatization efforts of the Voice of America and the 
     International Broadcasting Bureau, to remain available until 
     expended for carrying out authorized purposes.

                   broadcasting capital improvements

       For the purchase, rent, construction, and improvement of 
     facilities for radio and television transmission and 
     reception, and purchase and installation of necessary 
     equipment for radio and television transmission and 
     reception, including to Cuba, as authorized, $7,030,000, to 
     remain available until expended, as authorized.

                            RELATED PROGRAMS

                          The Asia Foundation

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

                    United States Institute of Peace

       For necessary expenses of the United States Institute of 
     Peace, as authorized by the United States Institute of Peace 
     Act, $30,589,000, to remain available until September 30, 
     2013, which shall not be used for construction activities.

         Center for Middle Eastern-Western Dialogue Trust Fund

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

                 Eisenhower Exchange Fellowship Program

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

                    Israeli Arab Scholarship Program

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

                            East-West Center

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

                    National Endowment for Democracy

       For grants made by the Department of State to the National 
     Endowment for Democracy, as authorized by the National 
     Endowment for Democracy Act, $117,764,000, to remain 
     available until expended, of which $100,000,000 shall be 
     allocated in the traditional and customary manner, including 
     for the core institutes, and $17,764,000 shall be for 
     democracy, human rights, and rule of law programs:  Provided, 
     That the President of the National Endowment for Democracy 
     shall submit to the Committees on Appropriations not later 
     than 45 days after the date of enactment of this Act a report 
     on the proposed uses of funds under this heading on a 
     regional and country basis.

                           OTHER COMMISSIONS

      Commission for the Preservation of America's Heritage Abroad

                         salaries and expenses

       For necessary expenses for the Commission for the 
     Preservation of America's Heritage Abroad, $634,000, as 
     authorized by section 1303 of Public Law 99-83.

      United States Commission on International Religious Freedom

                         salaries and expenses

       For necessary expenses for the United States Commission on 
     International Religious Freedom, as authorized by title II of 
     the International Religious Freedom Act of 1998 (Public Law 
     105-292), $3,000,000, to remain available until September 30, 
     2013:  Provided, That section 209 of the International 
     Religious Freedom Act of 1998 (22 U.S.C. 6436) shall be 
     applied by substituting ``September 30, 2012'' for 
     ``September 30, 2011'':  Provided further, That 
     notwithstanding the expenditure limitation specified in 
     section 208(c)(1) of such Act (22 U.S.C. 6435a(c)(1)), the 
     Commission may expend up to $250,000 of the funds made 
     available under this heading to procure temporary and 
     intermittent services under the authority of section 3109(b) 
     of title 5, United States Code:  Provided further, That 
     travel by members and staff of the Commission shall be 
     arranged and conducted under the rules and procedures 
     applying to travel by members and staff of the House of 
     Representatives:  Provided further, That for the purposes of 
     employment rights, any employee of the Commission shall be 
     considered to be a congressional employee as defined in 
     section 2107 of title 5, United States Code and the 
     Commission shall be treated as a congressional employing 
     office.

            Commission on Security and Cooperation in Europe

                         salaries and expenses

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

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

                         salaries and expenses

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

      United States-China Economic and Security Review Commission

                         salaries and expenses

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

                                TITLE II

           UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT

                  Funds Appropriated to the President

                           operating expenses

                     (including transfer of funds)

       For necessary expenses to carry out the provisions of 
     section 667 of the Foreign Assistance Act of 1961, 
     $1,092,300,000, to remain available until September 30, 2013, 
     of which not less than $25,000,000 should be for costs 
     associated with procurement reform:  Provided, That none of 
     the funds appropriated under this heading and under the 
     heading ``Capital Investment Fund'' in this title may be made 
     available to finance the construction (including architect 
     and engineering services), purchase, or long-term lease of 
     offices for use by the United States Agency for International 
     Development (USAID), unless the USAID Administrator has 
     identified such proposed use of funds in a report submitted 
     to the Committees on Appropriations at least 15 days

[[Page 20397]]

     prior to the obligation of funds for such purposes:  Provided 
     further, That contracts or agreements entered into with funds 
     appropriated under this heading during fiscal year 2013 may 
     entail commitments for the expenditure of such funds through 
     the following fiscal year:  Provided further, That any 
     decision to open a new or reorganized USAID mission, bureau, 
     center, or office or, except where there is a substantial 
     security risk to mission personnel, to close or significantly 
     reduce the number of personnel of any such mission or office, 
     shall be subject to the regular notification procedures of 
     the Committees on Appropriations:  Provided further, That the 
     authority of sections 610 and 109 of the Foreign Assistance 
     Act of 1961 may be exercised by the Secretary of State to 
     transfer funds appropriated to carry out chapter 1 of part I 
     of such Act to ``Operating Expenses'' in accordance with the 
     provisions of those sections:  Provided further, That any 
     reprogramming of funds in excess of $1,000,000 or 10 percent, 
     whichever is less, to the cost categories in the table 
     included under this heading in the joint explanatory 
     statement accompanying this Act for funds appropriated under 
     this heading, shall be subject to the regular notification 
     procedures of the Committees on Appropriations:  Provided 
     further, That of the funds appropriated or made available 
     under this heading, not to exceed $250,000 may be available 
     for representation and entertainment allowances, of which not 
     to exceed $5,000 may be available for entertainment 
     allowances, for USAID during the current fiscal year:  
     Provided further, That no such entertainment funds may be 
     used for the purposes listed in section 7020 of this Act:  
     Provided further, That appropriate steps shall be taken to 
     assure that, to the maximum extent possible, United States-
     owned foreign currencies are utilized in lieu of dollars.

                        capital investment fund

       For necessary expenses for overseas construction and 
     related costs, and for the procurement and enhancement of 
     information technology and related capital investments, 
     pursuant to section 667 of the Foreign Assistance Act of 
     1961, $129,700,000, to remain available until expended:  
     Provided, That this amount is in addition to funds otherwise 
     available for such purposes:  Provided further, That funds 
     appropriated under this heading shall be available for 
     obligation only pursuant to the regular notification 
     procedures of the Committees on Appropriations.

                      office of inspector general

       For necessary expenses to carry out the provisions of 
     section 667 of the Foreign Assistance Act of 1961, 
     $46,500,000, to remain available until September 30, 2013, 
     which sum shall be available for the Office of Inspector 
     General of the United States Agency for International 
     Development.

                               TITLE III

                     BILATERAL ECONOMIC ASSISTANCE

                  Funds Appropriated to the President

       For necessary expenses to enable the President to carry out 
     the provisions of the Foreign Assistance Act of 1961, and for 
     other purposes, as follows:

                         global health programs

                     (including transfer of funds)

       For necessary expenses to carry out the provisions of 
     chapters 1 and 10 of part I of the Foreign Assistance Act of 
     1961, for global health activities, in addition to funds 
     otherwise available for such purposes, $2,625,000,000, to 
     remain available until September 30, 2013, and which shall be 
     apportioned directly to the United States Agency for 
     International Development (USAID):  Provided, That this 
     amount shall be made available for training, equipment, and 
     technical assistance to build the capacity of public health 
     institutions and organizations in developing countries, and 
     for such activities as: (1) child survival and maternal 
     health programs; (2) immunization and oral rehydration 
     programs; (3) other health, nutrition, water and sanitation 
     programs which directly address the needs of mothers and 
     children, and related education programs; (4) assistance for 
     children displaced or orphaned by causes other than AIDS; (5) 
     programs for the prevention, treatment, control of, and 
     research on HIV/AIDS, tuberculosis, polio, malaria, and other 
     infectious diseases including neglected tropical diseases, 
     and for assistance to communities severely affected by HIV/
     AIDS, including children infected or affected by AIDS; and 
     (6) family planning/reproductive health:  Provided further, 
     That funds appropriated under this paragraph may be made 
     available for a United States contribution to the GAVI 
     Alliance:  Provided further, That none of the funds made 
     available in this Act nor any unobligated balances from prior 
     appropriations Acts may be made available to any organization 
     or program which, as determined by the President of the 
     United States, supports or participates in the management of 
     a program of coercive abortion or involuntary sterilization:  
     Provided further, That any determination made under the 
     previous proviso must be made no later than 6 months after 
     the date of enactment of this Act, and must be accompanied by 
     the evidence and criteria utilized to make the determination: 
      Provided further, That none of the funds made available 
     under this Act may be used to pay for the performance of 
     abortion as a method of family planning or to motivate or 
     coerce any person to practice abortions:  Provided further, 
     That nothing in this paragraph shall be construed to alter 
     any existing statutory prohibitions against abortion under 
     section 104 of the Foreign Assistance Act of 1961:  Provided 
     further, That none of the funds made available under this Act 
     may be used to lobby for or against abortion:  Provided 
     further, That in order to reduce reliance on abortion in 
     developing nations, funds shall be available only to 
     voluntary family planning projects which offer, either 
     directly or through referral to, or information about access 
     to, a broad range of family planning methods and services, 
     and that any such voluntary family planning project shall 
     meet the following requirements: (1) service providers or 
     referral agents in the project shall not implement or be 
     subject to quotas, or other numerical targets, of total 
     number of births, number of family planning acceptors, or 
     acceptors of a particular method of family planning (this 
     provision shall not be construed to include the use of 
     quantitative estimates or indicators for budgeting and 
     planning purposes); (2) the project shall not include payment 
     of incentives, bribes, gratuities, or financial reward to: 
     (A) an individual in exchange for becoming a family planning 
     acceptor; or (B) program personnel for achieving a numerical 
     target or quota of total number of births, number of family 
     planning acceptors, or acceptors of a particular method of 
     family planning; (3) the project shall not deny any right or 
     benefit, including the right of access to participate in any 
     program of general welfare or the right of access to health 
     care, as a consequence of any individual's decision not to 
     accept family planning services; (4) the project shall 
     provide family planning acceptors comprehensible information 
     on the health benefits and risks of the method chosen, 
     including those conditions that might render the use of the 
     method inadvisable and those adverse side effects known to be 
     consequent to the use of the method; and (5) the project 
     shall ensure that experimental contraceptive drugs and 
     devices and medical procedures are provided only in the 
     context of a scientific study in which participants are 
     advised of potential risks and benefits; and, not less than 
     60 days after the date on which the USAID Administrator 
     determines that there has been a violation of the 
     requirements contained in paragraph (1), (2), (3), or (5) of 
     this proviso, or a pattern or practice of violations of the 
     requirements contained in paragraph (4) of this proviso, the 
     Administrator shall submit to the Committees on 
     Appropriations a report containing a description of such 
     violation and the corrective action taken by the Agency:  
     Provided further, That in awarding grants for natural family 
     planning under section 104 of the Foreign Assistance Act of 
     1961 no applicant shall be discriminated against because of 
     such applicant's religious or conscientious commitment to 
     offer only natural family planning; and, additionally, all 
     such applicants shall comply with the requirements of the 
     previous proviso:  Provided further, That for purposes of 
     this or any other Act authorizing or appropriating funds for 
     the Department of State, foreign operations, and related 
     programs, the term ``motivate'', as it relates to family 
     planning assistance, shall not be construed to prohibit the 
     provision, consistent with local law, of information or 
     counseling about all pregnancy options:  Provided further, 
     That information provided about the use of condoms as part of 
     projects or activities that are funded from amounts 
     appropriated by this Act shall be medically accurate and 
     shall include the public health benefits and failure rates of 
     such use.
       In addition, for necessary expenses to carry out the 
     provisions of the Foreign Assistance Act of 1961 for the 
     prevention, treatment, and control of, and research on, HIV/
     AIDS, $5,542,860,000, to remain available until September 30, 
     2016, which shall be apportioned directly to the Department 
     of State:  Provided, That funds appropriated under this 
     paragraph may be made available, notwithstanding any other 
     provision of law, except for the United States Leadership 
     Against HIV/AIDS, Tuberculosis and Malaria Act of 2003 
     (Public Law 108-25), as amended, for a United States 
     contribution to the Global Fund to Fight AIDS, Tuberculosis 
     and Malaria (Global Fund), and shall be expended at the 
     minimum rate necessary to make timely payment for projects 
     and activities:  Provided further, That the amount of such 
     contribution should be $1,050,000,000: Provided further, That 
     up to 5 percent of the aggregate amount of funds made 
     available to the Global Fund in fiscal year 2012 may be made 
     available to USAID for technical assistance related to the 
     activities of the Global Fund:  Provided further, That of the 
     funds appropriated under this paragraph, up to $14,250,000 
     may be made available, in addition to amounts otherwise 
     available for such purposes, for administrative expenses of 
     the Office of the United States Global AIDS Coordinator.

                         development assistance

       For necessary expenses to carry out the provisions of 
     sections 103, 105, 106, 214, and sections 251 through 255, 
     and chapter 10 of part I of the Foreign Assistance Act of 
     1961, $2,519,950,000, to remain available until September 30, 
     2013:  Provided, That relevant bureaus and offices of the 
     United States Agency for International Development (USAID) 
     that support cross-cutting development programs shall 
     coordinate such programs on a regular basis:  Provided 
     further, That of the funds appropriated under this heading, 
     not less than $23,000,000 shall be made available for the 
     American Schools and Hospitals Abroad program, and not less 
     than $10,000,000 shall be made available for USAID 
     cooperative development programs within the Office of Private 
     and Voluntary Cooperation.

                   international disaster assistance

       For necessary expenses to carry out the provisions of 
     section 491 of the Foreign Assistance

[[Page 20398]]

     Act of 1961 for international disaster relief, 
     rehabilitation, and reconstruction assistance, $825,000,000, 
     to remain available until expended.

                         transition initiatives

       For necessary expenses for international disaster 
     rehabilitation and reconstruction assistance pursuant to 
     section 491 of the Foreign Assistance Act of 1961, 
     $50,141,000, to remain available until expended, to support 
     transition to democracy and to long-term development of 
     countries in crisis:  Provided, That such support may include 
     assistance to develop, strengthen, or preserve democratic 
     institutions and processes, revitalize basic infrastructure, 
     and foster the peaceful resolution of conflict:  Provided 
     further, That the United States Agency for International 
     Development shall submit a report to the Committees on 
     Appropriations at least 5 days prior to beginning a new 
     program of assistance:  Provided further, That if the 
     Secretary of State determines that it is important to the 
     national interests of the United States to provide transition 
     assistance in excess of the amount appropriated under this 
     heading, up to $15,000,000 of the funds appropriated by this 
     Act to carry out the provisions of part I of the Foreign 
     Assistance Act of 1961 may be used for purposes of this 
     heading and under the authorities applicable to funds 
     appropriated under this heading:  Provided further, That 
     funds made available pursuant to the previous proviso shall 
     be made available subject to prior consultation with the 
     Committees on Appropriations.

                          complex crises fund

       For necessary expenses to carry out the provisions of the 
     Foreign Assistance Act of 1961 to enable the Administrator of 
     the United States Agency for International Development 
     (USAID), in consultation with the Secretary of State, to 
     support programs and activities to prevent or respond to 
     emerging or unforeseen complex crises overseas, $10,000,000, 
     to remain available until expended:  Provided, That funds 
     appropriated under this heading may be made available on such 
     terms and conditions as the USAID Administrator may 
     determine, in consultation with the Committees on 
     Appropriations, for the purposes of preventing or responding 
     to such crises, except that no funds shall be made available 
     to respond to natural disasters:  Provided further, That 
     funds appropriated under this heading may be made available 
     notwithstanding any other provision of law, except sections 
     7007, 7008, and 7018 of this Act and section 620M of the 
     Foreign Assistance Act of 1961, as amended by this Act:  
     Provided further, That funds appropriated under this heading 
     shall be subject to the regular notification procedures of 
     the Committees on Appropriations, except that such 
     notifications shall be transmitted at least 5 days in advance 
     of the obligation of funds.

                      development credit authority

                     (including transfer of funds)

       For the cost of direct loans and loan guarantees provided 
     by the United States Agency for International Development, as 
     authorized by sections 256 and 635 of the Foreign Assistance 
     Act of 1961, up to $40,000,000 may be derived by transfer 
     from funds appropriated by this Act to carry out part I of 
     such Act and under the heading ``Assistance for Europe, 
     Eurasia and Central Asia'':  Provided, That funds provided 
     under this paragraph and funds provided as a gift pursuant to 
     section 635(d) of the Foreign Assistance Act of 1961 shall be 
     made available only for micro and small enterprise programs, 
     urban programs, and other programs which further the purposes 
     of part I of such Act:  Provided further, That such costs, 
     including the cost of modifying such direct and guaranteed 
     loans, shall be as defined in section 502 of the 
     Congressional Budget Act of 1974, as amended:  Provided 
     further, That funds made available by this paragraph may be 
     used for the cost of modifying any such guaranteed loans 
     under this Act or prior Acts, and funds used for such costs 
     shall be subject to the regular notification procedures of 
     the Committees on Appropriations:  Provided further, That the 
     provisions of section 107A(d) (relating to general provisions 
     applicable to the Development Credit Authority) of the 
     Foreign Assistance Act of 1961, as contained in section 306 
     of H.R. 1486 as reported by the House Committee on 
     International Relations on May 9, 1997, shall be applicable 
     to direct loans and loan guarantees provided under this 
     heading, except that the principal amount of loans made or 
     guaranteed under this heading with respect to any single 
     country shall not exceed $300,000,000:  Provided further, 
     That these funds are available to subsidize total loan 
     principal, any portion of which is to be guaranteed, of up to 
     $750,000,000.
       In addition, for administrative expenses to carry out 
     credit programs administered by the United States Agency for 
     International Development, $8,300,000, which may be 
     transferred to, and merged with, funds made available under 
     the heading ``Operating Expenses'' in title II of this Act:  
     Provided, That funds made available under this heading shall 
     remain available until September 30, 2014.

                         economic support fund

                     (including transfer of funds)

       For necessary expenses to carry out the provisions of 
     chapter 4 of part II of the Foreign Assistance Act of 1961, 
     $3,001,745,000, to remain available until September 30, 2013: 
      Provided, That of the funds appropriated under this heading, 
     $250,000,000 shall be available for assistance for Egypt, 
     including not less than $35,000,000 for education programs of 
     which not less than $10,000,000 is for scholarships at not-
     for-profit institutions for Egyptian students with high 
     financial need, and to implement section 7041(a)(3) and (b) 
     of this Act:  Provided further, That funds appropriated under 
     this heading that are made available for assistance for 
     Cyprus shall be used only for scholarships, administrative 
     support of the scholarship program, bicommunal projects, and 
     measures aimed at reunification of the island and designed to 
     reduce tensions and promote peace and cooperation between the 
     two communities on Cyprus:  Provided further, That 
     $12,000,000 of the funds made available for assistance for 
     Lebanon under this heading shall be for scholarships at not-
     for-profit institutions for students in Lebanon with high 
     financial need:  Provided further, That of the funds 
     appropriated under this heading, not less than $360,000,000 
     shall be available for assistance for Jordan:  Provided 
     further, That up to $30,000,000 of the funds appropriated for 
     fiscal year 2011 under this heading in Public Law 112-10, 
     division B, may be made available for the costs, as defined 
     in section 502 of the Congressional Budget Act of 1974, of 
     loan guarantees for Tunisia, which are authorized to be 
     provided:  Provided further, That amounts that are made 
     available under the previous proviso for the cost of 
     guarantees shall not be considered ``assistance'' for the 
     purposes of provisions of law limiting assistance to a 
     country:  Provided further, That of the funds appropriated 
     under this heading, not less than $179,000,000 shall be 
     apportioned directly to the United States Agency for 
     International Development for alternative development/
     institution building programs in Colombia:  Provided further, 
     That of the funds appropriated under this heading that are 
     available for assistance for Colombia, not less than 
     $7,000,000 shall be transferred to, and merged with, funds 
     appropriated under the heading ``Migration and Refugee 
     Assistance'' and shall be made available only for assistance 
     to nongovernmental and international organizations that 
     provide assistance to Colombian refugees in neighboring 
     countries:  Provided further, That in consultation with the 
     Secretary of the Treasury, the Secretary of State may 
     transfer up to $200,000,000 of the funds made available under 
     this heading to funds appropriated in this Act under the 
     headings ``Multilateral Assistance, Funds Appropriated to the 
     President, International Financial Institutions'' for 
     additional payments to such institutions, facilities, and 
     funds enumerated under such headings:  Provided further, That 
     prior to exercising the transfer authority under the previous 
     proviso the Secretary of State shall consult with the 
     Committees on Appropriations.

                             democracy fund

       For necessary expenses to carry out the provisions of the 
     Foreign Assistance Act of 1961 for the promotion of democracy 
     globally, $114,770,000, to remain available until September 
     30, 2013, of which $68,000,000 shall be made available for 
     the Human Rights and Democracy Fund of the Bureau of 
     Democracy, Human Rights and Labor, Department of State, and 
     $46,770,000 shall be made available for the Office of 
     Democracy and Governance of the Bureau for Democracy, 
     Conflict, and Humanitarian Assistance, United States Agency 
     for International Development.

            assistance for europe, eurasia and central asia

       For necessary expenses to carry out the provisions of the 
     Foreign Assistance Act of 1961, the FREEDOM Support Act, and 
     the Support for East European Democracy (SEED) Act of 1989, 
     $626,718,000, to remain available until September 30, 2013, 
     which shall be available, notwithstanding any other provision 
     of law, for assistance and for related programs for countries 
     identified in section 3 of the FREEDOM Support Act and 
     section 3(c) of the SEED Act:  Provided, That funds 
     appropriated under this heading shall be considered to be 
     economic assistance under the Foreign Assistance Act of 1961 
     for purposes of making available the administrative 
     authorities contained in that Act for the use of economic 
     assistance:  Provided further, That funds made available for 
     the Southern Caucasus region may be used for confidence-
     building measures and other activities in furtherance of the 
     peaceful resolution of conflicts, including in Nagorno-
     Karabakh.

                          Department of State

                    migration and refugee assistance

       For necessary expenses not otherwise provided for, to 
     enable the Secretary of State to carry out the provisions of 
     section 2(a) and (b) of the Migration and Refugee Assistance 
     Act of 1962, and other activities to meet refugee and 
     migration needs; salaries and expenses of personnel and 
     dependents as authorized by the Foreign Service Act of 1980; 
     allowances as authorized by sections 5921 through 5925 of 
     title 5, United States Code; purchase and hire of passenger 
     motor vehicles; and services as authorized by section 3109 of 
     title 5, United States Code, $1,639,100,000, to remain 
     available until expended, of which $20,000,000 shall be made 
     available for refugees resettling in Israel, and not less 
     than $35,000,000 shall be made available to respond to small-
     scale emergency humanitarian requirements.

     united states emergency refugee and migration assistance fund

       For necessary expenses to carry out the provisions of 
     section 2(c) of the Migration and Refugee Assistance Act of 
     1962, as amended (22 U.S.C. 2601(c)), $27,200,000, to remain 
     available until expended.

                          Independent Agencies

                              peace corps

                     (including transfer of funds)

       For necessary expenses to carry out the provisions of the 
     Peace Corps Act (22 U.S.C. 2501-

[[Page 20399]]

     2523), including the purchase of not to exceed five passenger 
     motor vehicles for administrative purposes for use outside of 
     the United States, $375,000,000, of which $5,150,000 is for 
     the Office of Inspector General, to remain available until 
     September 30, 2013:  Provided, That the Director of the Peace 
     Corps may transfer to the Foreign Currency Fluctuations 
     Account, as authorized by 22 U.S.C. 2515, an amount not to 
     exceed $5,000,000:  Provided further, That funds transferred 
     pursuant to the previous proviso may not be derived from 
     amounts made available for Peace Corps overseas operations:  
     Provided further, That of the funds appropriated under this 
     heading, not to exceed $4,000 may be made available for 
     entertainment expenses:  Provided further, That any decision 
     to open, close, significantly reduce, or suspend a domestic 
     or overseas office or country program shall be subject to 
     prior consultation with, and the regular notification 
     procedures of, the Committees on Appropriations, except that 
     prior consultation and regular notification procedures may be 
     waived when there is a substantial security risk to 
     volunteers or other Peace Corps personnel, pursuant to 
     section 7015(e) of this Act:  Provided further, That none of 
     the funds appropriated under this heading shall be used to 
     pay for abortions.

                    millennium challenge corporation

       For necessary expenses to carry out the provisions of the 
     Millennium Challenge Act of 2003, $898,200,000 to remain 
     available until expended:  Provided, That of the funds 
     appropriated under this heading, up to $105,000,000 may be 
     available for administrative expenses of the Millennium 
     Challenge Corporation (the Corporation):  Provided further, 
     That up to 5 percent of the funds appropriated under this 
     heading may be made available to carry out the purposes of 
     section 616 of the Millennium Challenge Act of 2003 for 
     fiscal year 2012:  Provided further, That section 605(e) of 
     the Millennium Challenge Act of 2003 shall apply to funds 
     appropriated under this heading:  Provided further, That 
     funds appropriated under this heading may be made available 
     for a Millennium Challenge Compact entered into pursuant to 
     section 609 of the Millennium Challenge Act of 2003 only if 
     such Compact obligates, or contains a commitment to obligate 
     subject to the availability of funds and the mutual agreement 
     of the parties to the Compact to proceed, the entire amount 
     of the United States Government funding anticipated for the 
     duration of the Compact:  Provided further, That the Chief 
     Executive Officer of the Corporation shall notify the 
     Committees on Appropriations not later than 15 days prior to 
     signing any new country compact or new threshold country 
     program; terminating or suspending any country compact or 
     threshold country program; or commencing negotiations for any 
     new compact or threshold country program:  Provided further, 
     That any funds that are deobligated from a Millennium 
     Challenge Compact shall be subject to the regular 
     notification procedures of the Committees on Appropriations 
     prior to re-obligation:  Provided further, That 
     notwithstanding section 606(a)(2) of the Millennium Challenge 
     Act of 2003, a country shall be a candidate country for 
     purposes of eligibility for assistance for the fiscal year if 
     the country has a per capita income equal to or below the 
     World Bank's lower middle income country threshold for the 
     fiscal year and is among the 75 lowest per capita income 
     countries as identified by the World Bank; and the country 
     meets the requirements of section 606(a)(1)(B) of the 
     Millennium Challenge Act of 2003:  Provided further, That 
     notwithstanding section 606(b)(1) of the Millennium Challenge 
     Act of 2003, in addition to countries described in the 
     preceding proviso, a country shall be a candidate country for 
     purposes of eligibility for assistance for the fiscal year if 
     the country has a per capita income equal to or below the 
     World Bank's lower middle income country threshold for the 
     fiscal year and is not among the 75 lowest per capita income 
     countries as identified by the World Bank; and the country 
     meets the requirements of section 606(a)(1)(B) of the 
     Millennium Challenge Act of 2003:  Provided further, That any 
     Millennium Challenge Corporation candidate country under 
     section 606 of the Millennium Challenge Act of 2003 with a 
     per capita income that changes in the fiscal year such that 
     the country would be reclassified from a low income country 
     to a lower middle income country or from a lower middle 
     income country to a low income country shall retain its 
     candidacy status in its former income classification for the 
     fiscal year and the two subsequent fiscal years:  Provided 
     further, That of the funds appropriated under this heading, 
     not to exceed $100,000 may be available for representation 
     and entertainment allowances, of which not to exceed $5,000 
     may be available for entertainment allowances.

                       inter-american foundation

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

                     african development foundation

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

                       Department of the Treasury

               international affairs technical assistance

       For necessary expenses to carry out the provisions of 
     section 129 of the Foreign Assistance Act of 1961, 
     $25,448,000, to remain available until September 30, 2014, 
     which shall be available notwithstanding any other provision 
     of law.

                           debt restructuring

       For the cost, as defined in section 502 of the 
     Congressional Budget Act of 1974, of modifying loans and loan 
     guarantees, as the President may determine, for which funds 
     have been appropriated or otherwise made available for 
     programs within the International Affairs Budget Function 
     150, including the cost of selling, reducing, or canceling 
     amounts owed to the United States as a result of concessional 
     loans made to eligible countries, pursuant to part V of the 
     Foreign Assistance Act of 1961, $12,000,000, to remain 
     available until September 30, 2013.

                                TITLE IV

                   INTERNATIONAL SECURITY ASSISTANCE

                          Department of State

          international narcotics control and law enforcement

       For necessary expenses to carry out section 481 of the 
     Foreign Assistance Act of 1961, $1,061,100,000, to remain 
     available until September 30, 2013:  Provided, That during 
     fiscal year 2012, the Department of State may also use the 
     authority of section 608 of the Foreign Assistance Act of 
     1961, without regard to its restrictions, to receive excess 
     property from an agency of the United States Government for 
     the purpose of providing it to a foreign country or 
     international organization under chapter 8 of part I of that 
     Act subject to the regular notification procedures of the 
     Committees on Appropriations:  Provided further, That the 
     Secretary of State shall provide to the Committees on 
     Appropriations not later than 45 days after the date of 
     enactment of this Act and prior to the initial obligation of 
     funds appropriated under this heading, a report on the 
     proposed uses of all funds under this heading on a country-
     by-country basis for each proposed program, project, or 
     activity:  Provided further, That section 482(b) of the 
     Foreign Assistance Act of 1961 shall not apply to funds 
     appropriated under this heading:  Provided further, That 
     assistance provided with funds appropriated under this 
     heading that is made available notwithstanding section 482(b) 
     of the Foreign Assistance Act of 1961 shall be made available 
     subject to the regular notification procedures of the 
     Committees on Appropriations:  Provided further, That none of 
     the funds appropriated under this heading shall be made 
     available for assistance for the Bolivian military and police 
     unless the Secretary of State determines and reports to the 
     Committees on Appropriations that such funds are in the 
     national security interest of the United States:  Provided 
     further, That, notwithstanding any other provision of law, of 
     the funds appropriated under this heading, $5,000,000 should 
     be made available to combat piracy of United States 
     copyrighted materials, consistent with the requirements of 
     section 688(a) and (b) of the Department of State, Foreign 
     Operations, and Related Programs Appropriations Act, 2008 
     (division J of Public Law 110-161):  Provided further, That 
     the reporting requirements contained in section 1404 of 
     Public Law 110-252 shall apply to funds made available by 
     this Act, including a description of modifications, if any, 
     to the security strategy of the Palestinian Authority:  
     Provided further, That the provision of assistance which is 
     comparable to assistance made available under this heading 
     but which is provided under any other provision of law, shall 
     be provided in accordance with the provisions of sections 
     481(b) and 622(c) of the Foreign Assistance Act of 1961.

    nonproliferation, anti-terrorism, demining and related programs

       For necessary expenses for nonproliferation, anti-
     terrorism, demining and related programs and activities, 
     $590,113,000, to carry out the provisions of chapter 8 of 
     part II of the Foreign Assistance Act of 1961 for anti-
     terrorism assistance, chapter 9 of part II of the Foreign 
     Assistance Act of 1961, section 504 of the FREEDOM Support 
     Act, section 23 of the Arms Export Control Act or the Foreign 
     Assistance Act of 1961 for demining activities, the clearance 
     of unexploded ordnance, the destruction of small arms, and 
     related activities, notwithstanding any other provision of 
     law, including activities implemented through nongovernmental 
     and international organizations, and section 301 of the 
     Foreign Assistance Act of 1961 for a voluntary contribution 
     to the International Atomic Energy Agency (IAEA), and for a 
     United States contribution to the Comprehensive Nuclear Test 
     Ban Treaty Preparatory Commission:  Provided, That the 
     clearance of unexploded ordnance should prioritize areas 
     where such ordnance was caused by the United States:  
     Provided further, That of the funds made available under this 
     heading, not to exceed $30,000,000, to remain available until 
     expended, may be made available for the Nonproliferation and 
     Disarmament

[[Page 20400]]

     Fund, notwithstanding any other provision of law and subject 
     to prior consultation with, and the regular notification 
     procedures of, the Committees on Appropriations, to promote 
     bilateral and multilateral activities relating to 
     nonproliferation, disarmament and weapons destruction:  
     Provided further, That such funds may also be used for such 
     countries other than the Independent States of the former 
     Soviet Union and international organizations when it is in 
     the national security interest of the United States to do so: 
      Provided further, That funds appropriated under this heading 
     may be made available for the IAEA unless the Secretary of 
     State determines that Israel is being denied its right to 
     participate in the activities of that Agency:  Provided 
     further, That funds appropriated under this heading may be 
     made available for public-private partnerships for 
     conventional weapons and mine action by grant, cooperative 
     agreement or contract:  Provided further, That funds made 
     available for demining and related activities, in addition to 
     funds otherwise available for such purposes, may be used for 
     administrative expenses related to the operation and 
     management of the demining program:  Provided further, That 
     funds appropriated under this heading that are available for 
     ``Anti-terrorism Assistance'' and ``Export Control and Border 
     Security'' shall remain available until September 30, 2013.

                        peacekeeping operations

       For necessary expenses to carry out the provisions of 
     section 551 of the Foreign Assistance Act of 1961, 
     $302,818,000:  Provided, That funds appropriated under this 
     heading may be used, notwithstanding section 660 of such Act, 
     to provide assistance to enhance the capacity of foreign 
     civilian security forces, including gendarmes, to participate 
     in peacekeeping operations:  Provided further, That of the 
     funds appropriated under this heading, not less than 
     $28,000,000 shall be made available for a United States 
     contribution to the Multinational Force and Observers mission 
     in the Sinai:  Provided further, That of the funds 
     appropriated under this heading, up to $91,818,000 may be 
     used to pay assessed expenses of international peacekeeping 
     activities in Somalia and shall be available until September 
     30, 2013:  Provided further, That funds appropriated under 
     this Act should not be used to support any military training 
     or operations that include child soldiers:  Provided further, 
     That none of the funds appropriated under this heading shall 
     be obligated or expended except as provided through the 
     regular notification procedures of the Committees on 
     Appropriations.

                  Funds Appropriated to the President

             international military education and training

       For necessary expenses to carry out the provisions of 
     section 541 of the Foreign Assistance Act of 1961, 
     $105,788,000, of which up to $4,000,000 may remain available 
     until September 30, 2013, and may only be provided through 
     the regular notification procedures of the Committees on 
     Appropriations:  Provided, That the civilian personnel for 
     whom military education and training may be provided under 
     this heading may include civilians who are not members of a 
     government whose participation would contribute to improved 
     civil-military relations, civilian control of the military, 
     or respect for human rights:  Provided further, That the 
     Secretary of State shall provide to the Committees on 
     Appropriations, not later than 45 days after enactment of 
     this Act, a report on the proposed uses of all program funds 
     under this heading on a country-by-country basis, including a 
     detailed description of proposed activities:  Provided 
     further, That of the funds appropriated under this heading, 
     not to exceed $55,000 may be available for entertainment 
     allowances.

                   foreign military financing program

       For necessary expenses for grants to enable the President 
     to carry out the provisions of section 23 of the Arms Export 
     Control Act, $5,210,000,000:  Provided, That to expedite the 
     provision of assistance to foreign countries and 
     international organizations, the Secretary of State, 
     following consultation with the Committees on Appropriations 
     and subject to the regular notification procedures of such 
     Committees, may use the funds appropriated under this heading 
     to procure defense articles and services to enhance the 
     capacity of foreign security forces:  Provided further, That 
     of the funds appropriated under this heading, not less than 
     $3,075,000,000 shall be available for grants only for Israel, 
     and $1,300,000,000 shall be made available for grants only 
     for Egypt, including for border security programs and 
     activities in the Sinai:  Provided further, That the funds 
     appropriated under this heading for assistance for Israel 
     shall be disbursed within 30 days of enactment of this Act:  
     Provided further, That to the extent that the Government of 
     Israel requests that funds be used for such purposes, grants 
     made available for Israel under this heading shall, as agreed 
     by the United States and Israel, be available for advanced 
     weapons systems, of which not less than $808,725,000 shall be 
     available for the procurement in Israel of defense articles 
     and defense services, including research and development:  
     Provided further, That funds appropriated under this heading 
     estimated to be outlayed for Egypt during fiscal year 2012 
     may be transferred to an interest bearing account for Egypt 
     in the Federal Reserve Bank of New York:  Provided further, 
     That of the funds appropriated under this heading, 
     $300,000,000 shall be made available for assistance for 
     Jordan:  Provided further, That, not later than 90 days after 
     enactment of this Act and 6 months thereafter, the Secretary 
     of State shall submit a report to the Committees on 
     Appropriations detailing any crowd control items, including 
     tear gas, made available with appropriated funds or through 
     export licenses to foreign security forces that the Secretary 
     of State has credible information have repeatedly used 
     excessive force to repress peaceful, lawful, and organized 
     dissent:  Provided further, That the Secretary of State 
     should consult with the Committees on Appropriations prior to 
     obligating funds for such items to governments of countries 
     undergoing democratic transition in the Middle East and North 
     Africa:  Provided further, That none of the funds made 
     available under this heading shall be made available to 
     support or continue any program initially funded under the 
     authority of section 1206 of the National Defense 
     Authorization Act for Fiscal Year 2006 (Public Law 109-163; 
     119 Stat. 3456) unless the Secretary of State, in 
     coordination with the Secretary of Defense, has justified 
     such program to the Committees on Appropriations:  Provided 
     further, That funds appropriated or otherwise made available 
     under this heading shall be nonrepayable notwithstanding any 
     requirement in section 23 of the Arms Export Control Act:  
     Provided further, That funds made available under this 
     heading shall be obligated upon apportionment in accordance 
     with paragraph (5)(C) of title 31, United States Code, 
     section 1501(a).
       None of the funds made available under this heading shall 
     be available to finance the procurement of defense articles, 
     defense services, or design and construction services that 
     are not sold by the United States Government under the Arms 
     Export Control Act unless the foreign country proposing to 
     make such procurement has first signed an agreement with the 
     United States Government specifying the conditions under 
     which such procurement may be financed with such funds:  
     Provided, That all country and funding level increases in 
     allocations shall be submitted through the regular 
     notification procedures of section 7015 of this Act:  
     Provided further, That funds made available under this 
     heading may be used, notwithstanding any other provision of 
     law, for demining, the clearance of unexploded ordnance, and 
     related activities, and may include activities implemented 
     through nongovernmental and international organizations:  
     Provided further, That only those countries for which 
     assistance was justified for the ``Foreign Military Sales 
     Financing Program'' in the fiscal year 1989 congressional 
     presentation for security assistance programs may utilize 
     funds made available under this heading for procurement of 
     defense articles, defense services or design and construction 
     services that are not sold by the United States Government 
     under the Arms Export Control Act:  Provided further, That 
     funds appropriated under this heading shall be expended at 
     the minimum rate necessary to make timely payment for defense 
     articles and services:  Provided further, That not more than 
     $62,800,000 of the funds appropriated under this heading may 
     be obligated for necessary expenses, including the purchase 
     of passenger motor vehicles for replacement only for use 
     outside of the United States, for the general costs of 
     administering military assistance and sales, except that this 
     limitation may be exceeded only through the regular 
     notification procedures of the Committees on Appropriations:  
     Provided further, That of the funds appropriated under this 
     heading for general costs of administering military 
     assistance and sales, not to exceed $4,000 may be available 
     for entertainment expenses and not to exceed $130,000 may be 
     available for representation allowances:  Provided further, 
     That not more than $836,900,000 of funds realized pursuant to 
     section 21(e)(1)(A) of the Arms Export Control Act may be 
     obligated for expenses incurred by the Department of Defense 
     during fiscal year 2012 pursuant to section 43(b) of the Arms 
     Export Control Act, except that this limitation may be 
     exceeded only through the regular notification procedures of 
     the Committees on Appropriations.

                                TITLE V

                        MULTILATERAL ASSISTANCE

                  Funds Appropriated to the President

                international organizations and programs

       For necessary expenses to carry out the provisions of 
     section 301 of the Foreign Assistance Act of 1961, and of 
     section 2 of the United Nations Environment Program 
     Participation Act of 1973, $348,705,000, of which up to 
     $10,000,000 may be made available for the Intergovernmental 
     Panel on Climate Change/United Nations Framework Convention 
     on Climate Change:  Provided, That section 307(a) of the 
     Foreign Assistance Act of 1961 shall not apply to 
     contributions to the United Nations Democracy Fund.

                  international financial institutions

                      global environment facility

       For payment to the International Bank for Reconstruction 
     and Development as trustee for the Global Environment 
     Facility by the Secretary of the Treasury, $89,820,000, to 
     remain available until expended.

       contribution to the international development association

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

[[Page 20401]]



     contribution to the international bank for reconstruction and 
                              development

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

              limitation on callable capital subscriptions

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

               contribution to the clean technology fund

       For payment to the International Bank for Reconstruction 
     and Development as trustee for the Clean Technology Fund by 
     the Secretary of the Treasury, $184,630,000, to remain 
     available until expended.

               contribution to the strategic climate fund

       For payment to the International Bank for Reconstruction 
     and Development as trustee for the Strategic Climate Fund by 
     the Secretary of the Treasury, $49,900,000, to remain 
     available until expended.

              global agriculture and food security program

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

          contribution to the inter-american development bank

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

              limitation on callable capital subscriptions

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

contribution to the enterprise for the americas multilateral investment 
                                  fund

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

               contribution to the asian development bank

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

              limitation on callable capital subscriptions

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

               contribution to the asian development fund

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

              contribution to the african development bank

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

              limitation on callable capital subscriptions

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

              contribution to the african development fund

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

            european bank for reconstruction and development

              limitation on callable capital subscriptions

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

  contribution to the international fund for agricultural development

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

                                TITLE VI

                    EXPORT AND INVESTMENT ASSISTANCE

                Export-import Bank of the United States

                           inspector general

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

                            program account

       The Export-Import Bank of the United States is authorized 
     to make such expenditures within the limits of funds and 
     borrowing authority available to such corporation, and in 
     accordance with law, and to make such contracts and 
     commitments without regard to fiscal year limitations, as 
     provided by section 104 of the Government Corporation Control 
     Act, as may be necessary in carrying out the program for the 
     current fiscal year for such corporation:  Provided, That 
     none of the funds available during the current fiscal year 
     may be used to make expenditures, contracts, or commitments 
     for the export of nuclear equipment, fuel, or technology to 
     any country, other than a nuclear-weapon state as defined in 
     Article IX of the Treaty on the Non-Proliferation of Nuclear 
     Weapons eligible to receive economic or military assistance 
     under this Act, that has detonated a nuclear explosive after 
     the date of the enactment of this Act:  Provided further, 
     That not less than 10 percent of the aggregate loan, 
     guarantee, and insurance authority available to the Export-
     Import Bank under this Act should be used for renewable 
     energy technologies or end-use energy efficiency 
     technologies:  Provided further, That notwithstanding section 
     1(c) of Public Law 103-428, as amended, sections 1(a) and (b) 
     of Public Law 103-428 shall remain in effect through October 
     1, 2012:  Provided further, That notwithstanding the dates 
     specified in section 7 of the Export-Import Bank Act of 1945 
     (12 U.S.C. 6350 and section 1(c) of Public Law 103-428), the 
     Export-Import Bank of the United States shall continue to 
     exercise its functions in connection with and in furtherance 
     of its objects and purposes through May 31, 2012.

                         subsidy appropriation

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

                        administrative expenses

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

                           receipts collected

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

                Overseas Private Investment Corporation

                           noncredit account

       The Overseas Private Investment Corporation is authorized 
     to make, without regard to fiscal year limitations, as 
     provided by 31 U.S.C. 9104, such expenditures and commitments 
     within the

[[Page 20402]]

     limits of funds available to it and in accordance with law as 
     may be necessary:  Provided, That the amount available for 
     administrative expenses to carry out the credit and insurance 
     programs (including an amount for official reception and 
     representation expenses which shall not exceed $35,000) shall 
     not exceed $54,990,000:  Provided further, That project-
     specific transaction costs, including direct and indirect 
     costs incurred in claims settlements, and other direct costs 
     associated with services provided to specific investors or 
     potential investors pursuant to section 234 of the Foreign 
     Assistance Act of 1961, shall not be considered 
     administrative expenses for the purposes of this heading.

                            program account

       For the cost of direct and guaranteed loans, $25,000,000, 
     as authorized by section 234 of the Foreign Assistance Act of 
     1961, to be derived by transfer from the Overseas Private 
     Investment Corporation Noncredit Account:  Provided, That 
     such costs, including the cost of modifying such loans, shall 
     be as defined in section 502 of the Congressional Budget Act 
     of 1974:  Provided further, That such sums shall be available 
     for direct loan obligations and loan guaranty commitments 
     incurred or made during fiscal years 2012, 2013, and 2014:  
     Provided further, That funds so obligated in fiscal year 2012 
     remain available for disbursement through 2020; funds 
     obligated in fiscal year 2013 remain available for 
     disbursement through 2021; and funds obligated in fiscal year 
     2014 remain available for disbursement through 2022:  
     Provided further, That notwithstanding any other provision of 
     law, the Overseas Private Investment Corporation is 
     authorized to undertake any program authorized by title IV of 
     chapter 2 of part I of the Foreign Assistance Act of 1961 in 
     Iraq:  Provided further, That funds made available pursuant 
     to the authority of the previous proviso shall be subject to 
     the regular notification procedures of the Committees on 
     Appropriations.
       In addition, such sums as may be necessary for 
     administrative expenses to carry out the credit program may 
     be derived from amounts available for administrative expenses 
     to carry out the credit and insurance programs in the 
     Overseas Private Investment Corporation Noncredit Account and 
     merged with said account.

                      trade and development agency

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

                               TITLE VII

                           GENERAL PROVISIONS

                      allowances and differentials

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

                      unobligated balances report

       Sec. 7002.  Any department or agency of the United States 
     Government to which funds are appropriated or otherwise made 
     available by this Act shall provide to the Committees on 
     Appropriations a quarterly accounting of cumulative 
     unobligated balances and obligated, but unexpended, balances 
     by program, project, and activity, and Treasury Account Fund 
     Symbol of all funds received by such department or agency in 
     fiscal year 2012 or any previous fiscal year:  Provided, That 
     the report required by this section should specify by account 
     the amount of funds obligated pursuant to bilateral 
     agreements which have not been further sub-obligated.

                          consulting services

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

                          embassy construction

       Sec. 7004. (a) Of funds provided under title I of this Act, 
     except as provided in subsection (b), a project to construct 
     a diplomatic facility of the United States may not include 
     office space or other accommodations for an employee of a 
     Federal agency or department if the Secretary of State 
     determines that such department or agency has not provided to 
     the Department of State the full amount of funding required 
     by subsection (e) of section 604 of the Secure Embassy 
     Construction and Counterterrorism Act of 1999 (as enacted 
     into law by section 1000(a)(7) of Public Law 106-113 and 
     contained in appendix G of that Act; 113 Stat. 1501A-453), as 
     amended by section 629 of the Departments of Commerce, 
     Justice, and State, the Judiciary, and Related Agencies 
     Appropriations Act, 2005.
       (b) Notwithstanding the prohibition in subsection (a), a 
     project to construct a diplomatic facility of the United 
     States may include office space or other accommodations for 
     members of the United States Marine Corps.
       (c) For the purposes of calculating the fiscal year 2012 
     costs of providing new United States diplomatic facilities in 
     accordance with section 604(e) of the Secure Embassy 
     Construction and Counterterrorism Act of 1999 (22 U.S.C. 4865 
     note), the Secretary of State, in consultation with the 
     Director of the Office of Management and Budget, shall 
     determine the annual program level and agency shares in a 
     manner that is proportional to the Department of State's 
     contribution for this purpose.
       (d) Funds appropriated by this Act, and any prior Act 
     making appropriations for the Department of State, foreign 
     operations, and related programs, which may be made available 
     for the acquisition of property for diplomatic facilities in 
     Afghanistan, Pakistan, and Iraq, shall be subject to prior 
     consultation with, and the regular notification procedures 
     of, the Committees on Appropriations.
       (e) Section 604(e)(1) of the Secure Embassy Construction 
     and Counterterrorism Act of 1999 (22 U.S.C. 4865 note) is 
     amended by striking ``providing new,'' and inserting in its 
     place ``providing, maintaining, repairing, and renovating''.
       (f)(1) None of the funds appropriated under the heading 
     ``Embassy Security, Construction, and Maintenance'' in this 
     Act and in prior Acts making appropriations for the 
     Department of State, foreign operations, and related 
     programs, made available through Federal agency Capital 
     Security Cost Sharing contributions and reimbursements, or 
     generated from the proceeds of real property sales, other 
     than from real property sales located in London, United 
     Kingdom, may be made available for site acquisition and 
     mitigation, planning, design or construction of the New 
     London Embassy.
       (2) Within 60 days of enactment of this Act and every 6 
     months thereafter until completion of the New London Embassy, 
     the Secretary of State shall submit to the Committees on 
     Appropriations a report on the project:  Provided, That such 
     report shall include revenue and cost projections, cost 
     containment efforts, project schedule and actual project 
     status, the impact of currency exchange rate fluctuations on 
     project revenue and costs, and options for modifying the 
     scope of the project in the event that proceeds of real 
     property sales in London fall below the total cost of the 
     project.

                           personnel actions

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

                         local guard contracts

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

        prohibition against direct funding for certain countries

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

                              coups d'etat

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

                           transfer authority

       Sec. 7009. (a) Department of State and Broadcasting Board 
     of Governors.--
       (1) Not to exceed 5 percent of any appropriation made 
     available for the current fiscal year for the Department of 
     State under title I of this

[[Page 20403]]

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

                         reporting requirement

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

                         availability of funds

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

            limitation on assistance to countries in default

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

          prohibition on taxation of united states assistance

       Sec. 7013. (a) Prohibition on Taxation.--None of the funds 
     appropriated under titles III through VI of this Act may be 
     made available to provide assistance for a foreign country 
     under a new bilateral agreement governing the terms and 
     conditions under which such assistance is to be provided 
     unless such agreement includes a provision stating that 
     assistance provided by the United States shall be exempt from 
     taxation, or reimbursed, by the foreign government, and the 
     Secretary of State shall expeditiously seek to negotiate 
     amendments to existing bilateral agreements, as necessary, to 
     conform with this requirement.
       (b) Reimbursement of Foreign Taxes.--An amount equivalent 
     to 200 percent of the total taxes assessed during fiscal year 
     2012 on funds appropriated by this Act by a foreign 
     government or entity against commodities financed under 
     United States assistance programs for which funds are 
     appropriated by this Act, either directly or through 
     grantees, contractors and subcontractors shall be withheld 
     from obligation from funds appropriated for assistance for 
     fiscal year 2013 and allocated for the central government of 
     such country and for the West Bank and Gaza program to the 
     extent that the Secretary of State certifies and reports in 
     writing to the Committees on Appropriations that such taxes 
     have not been reimbursed to the Government of the United 
     States.
       (c) De Minimis Exception.--Foreign taxes of a de minimis 
     nature shall not be subject to the provisions of subsection 
     (b).
       (d) Reprogramming of Funds.--Funds withheld from obligation 
     for each country or entity pursuant to subsection (b) shall 
     be reprogrammed for assistance to countries which do not 
     assess taxes on United States assistance or which have an 
     effective arrangement that is providing substantial 
     reimbursement of such taxes.
       (e) Determinations.--
       (1) The provisions of this section shall not apply to any 
     country or entity the Secretary of State determines--
       (A) does not assess taxes on United States assistance or 
     which has an effective arrangement that is providing 
     substantial reimbursement of such taxes; or
       (B) the foreign policy interests of the United States 
     outweigh the purpose of this section to ensure that United 
     States assistance is not subject to taxation.
       (2) The Secretary of State shall consult with the 
     Committees on Appropriations at least 15 days prior to 
     exercising the authority of this subsection with regard to 
     any country or entity.
       (f) Implementation.--The Secretary of State shall issue 
     rules, regulations, or policy guidance, as appropriate, to 
     implement the prohibition against the taxation of assistance 
     contained in this section.
       (g) Definitions.--As used in this section--
       (1) the terms ``taxes'' and ``taxation'' refer to value 
     added taxes and customs duties imposed on commodities 
     financed with United States assistance for programs for which 
     funds are appropriated by this Act; and
       (2) the term ``bilateral agreement'' refers to a framework 
     bilateral agreement between the Government of the United 
     States and the government of the country receiving assistance 
     that describes the privileges and immunities applicable to 
     United States foreign assistance for such country generally, 
     or an individual agreement between the Government of the 
     United States and such government that describes, among other 
     things, the treatment for tax purposes that will be accorded 
     the United States assistance provided under that agreement.
       (h) Report.--The Secretary of State shall submit a report 
     to the Committees on Appropriations not later than 90 days 
     after the enactment of this Act detailing steps taken by the 
     Department of State to comply with the requirements provided 
     in subsections (a) and (f).

[[Page 20404]]



                         reservations of funds

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

                       notification requirements

       Sec. 7015. (a) None of the funds made available in title I 
     of this Act, or in prior appropriations Acts to the agencies 
     and departments funded by this Act that remain available for 
     obligation or expenditure in fiscal year 2012, or provided 
     from any accounts in the Treasury of the United States 
     derived by the collection of fees or of currency reflows or 
     other offsetting collections, or made available by transfer, 
     to the agencies and departments funded by this Act, shall be 
     available for obligation or expenditure through a 
     reprogramming of funds that:
       (1) creates new programs;
       (2) eliminates a program, project, or activity;
       (3) increases funds or personnel by any means for any 
     project or activity for which funds have been denied or 
     restricted;
       (4) relocates an office or employees;
       (5) closes or opens a mission or post;
       (6) creates, reorganizes, or renames bureaus, centers, or 
     offices;
       (7) reorganizes programs or activities; or
       (8) contracts out or privatizes any functions or activities 
     presently performed by Federal employees;
     unless the Committees on Appropriations are notified 15 days 
     in advance of such reprogramming of funds:  Provided, That 
     unless previously justified to the Committees on 
     Appropriations, the requirements of this subsection shall 
     apply to all obligations of funds appropriated under title I 
     of this Act for items (5) and (6) above.
       (b) None of the funds provided under title I of this Act, 
     or provided under previous appropriations Acts to the agency 
     or department funded under title I of this Act that remain 
     available for obligation or expenditure in fiscal year 2012, 
     or provided from any accounts in the Treasury of the United 
     States derived by the collection of fees available to the 
     agency or department funded under title I of this Act, shall 
     be available for obligation or expenditure for activities, 
     programs, or projects through a reprogramming of funds in 
     excess of $1,000,000 or 10 percent, whichever is less, that:
       (1) augments existing programs, projects, or activities;
       (2) reduces by 10 percent funding for any existing program, 
     project, or activity, or numbers of personnel by 10 percent 
     as approved by Congress; or
       (3) results from any general savings, including savings 
     from a reduction in personnel, which would result in a change 
     in existing programs, activities, or projects as approved by 
     Congress; unless the Committees on Appropriations are 
     notified 15 days in advance of such reprogramming of funds.
       (c) None of the funds made available under titles II 
     through VI and VIII in this Act under the headings ``Global 
     Health Programs'', ``Development Assistance'', 
     ``International Organizations and Programs'', ``Trade and 
     Development Agency'', ``International Narcotics Control and 
     Law Enforcement'', ``Assistance for Europe, Eurasia and 
     Central Asia'', ``Economic Support Fund'', ``Democracy 
     Fund'', ``Peacekeeping Operations'', ``Capital Investment 
     Fund'', ``Operating Expenses'', ``Conflict Stabilization 
     Operations'', ``Office of Inspector General'', 
     ``Nonproliferation, Anti-terrorism, Demining and Related 
     Programs'', ``Millennium Challenge Corporation'', ``Foreign 
     Military Financing Program'', ``International Military 
     Education and Training'', ``Pakistan Counterinsurgency 
     Capability Fund'', and ``Peace Corps'', shall be available 
     for obligation for activities, programs, projects, type of 
     materiel assistance, countries, or other operations not 
     justified or in excess of the amount justified to the 
     Committees on Appropriations for obligation under any of 
     these specific headings unless the Committees on 
     Appropriations are notified 15 days in advance:  Provided, 
     That the President shall not enter into any commitment of 
     funds appropriated for the purposes of section 23 of the Arms 
     Export Control Act for the provision of major defense 
     equipment, other than conventional ammunition, or other major 
     defense items defined to be aircraft, ships, missiles, or 
     combat vehicles, not previously justified to Congress or 20 
     percent in excess of the quantities justified to Congress 
     unless the Committees on Appropriations are notified 15 days 
     in advance of such commitment:  Provided further, That 
     requirements of this subsection or any similar provision of 
     any other Act shall not apply to any reprogramming for an 
     activity, program, or project for which funds are 
     appropriated under titles II through IV of this Act of less 
     than 10 percent of the amount previously justified to the 
     Congress for obligation for such activity, program, or 
     project for the current fiscal year.
       (d) Notwithstanding any other provision of law, with the 
     exception of funds transferred to, and merged with, funds 
     appropriated under title I of this Act, funds transferred by 
     the Department of Defense to the Department of State and the 
     United States Agency for International Development for 
     assistance for foreign countries and international 
     organizations, and funds made available for programs 
     authorized by section 1206 of the National Defense 
     Authorization Act for Fiscal Year 2006 (Public Law 109-163), 
     shall be subject to the regular notification procedures of 
     the Committees on Appropriations.
       (e) The requirements of this section or any similar 
     provision of this Act or any other Act, including any prior 
     Act requiring notification in accordance with the regular 
     notification procedures of the Committees on Appropriations, 
     may be waived if failure to do so would pose a substantial 
     risk to human health or welfare:  Provided, That in case of 
     any such waiver, notification to the Committees on 
     Appropriations shall be provided as early as practicable, but 
     in no event later than 3 days after taking the action to 
     which such notification requirement was applicable, in the 
     context of the circumstances necessitating such waiver:  
     Provided further, That any notification provided pursuant to 
     such a waiver shall contain an explanation of the emergency 
     circumstances.
       (f) None of the funds appropriated under titles III through 
     VI and VIII of this Act shall be obligated or expended for 
     assistance for Serbia, Sudan, South Sudan, Zimbabwe, 
     Afghanistan, Iraq, Pakistan, Cuba, Iran, Haiti, Libya, 
     Ethiopia, Nepal, Colombia, Honduras, Burma, Yemen, Mexico, 
     Kazakhstan, Uzbekistan, the Russian Federation, Somalia, Sri 
     Lanka, or Cambodia except as provided through the regular 
     notification procedures of the Committees on Appropriations.

                notification on excess defense equipment

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

limitation on availability of funds for international organizations and 
                                programs

       Sec. 7017.  Subject to the regular notification procedures 
     of the Committees on Appropriations, funds appropriated under 
     titles III through VI of this Act and prior Acts making 
     appropriations for the Department of State, foreign 
     operations, and related programs, which are returned or not 
     made available for organizations and programs because of the 
     implementation of section 307(a) of the Foreign Assistance 
     Act of 1961 or section 7049(a) of this Act, shall remain 
     available for obligation until September 30, 2013.

   prohibition on funding for abortions and involuntary sterilization

       Sec. 7018.  None of the funds made available to carry out 
     part I of the Foreign Assistance Act of 1961, as amended, may 
     be used to pay for the performance of abortions as a method 
     of family planning or to motivate or coerce any person to 
     practice abortions. None of the funds made available to carry 
     out part I of the Foreign Assistance Act of 1961, as amended, 
     may be used to pay for the performance of involuntary 
     sterilization as a method of family planning or to coerce or 
     provide any financial incentive to any person to undergo 
     sterilizations. None of the funds made available to carry out 
     part I of the Foreign Assistance Act of 1961, as amended, may 
     be used to pay for any biomedical research which relates in 
     whole or in part, to methods of, or the performance of, 
     abortions or involuntary sterilization as a means of family 
     planning. None of the funds made available to carry out part 
     I of the Foreign Assistance Act of 1961, as amended, may be 
     obligated or expended for any country or organization if the 
     President certifies that the use of these funds by any such 
     country or organization would violate any of the above 
     provisions related to abortions and involuntary 
     sterilizations.

[[Page 20405]]



                              allocations

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

               prohibition of payment of certain expenses

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

   prohibition on assistance to governments supporting international 
                               terrorism

       Sec. 7021. (a) Lethal Military Equipment Exports.--
       (1) None of the funds appropriated or otherwise made 
     available by titles III through VI of this Act may be 
     available to any foreign government which provides lethal 
     military equipment to a country the government of which the 
     Secretary of State has determined supports international 
     terrorism for purposes of section 6(j) of the Export 
     Administration Act of 1979:  Provided, That the prohibition 
     under this section with respect to a foreign government shall 
     terminate 12 months after that government ceases to provide 
     such military equipment:  Provided further, That this section 
     applies with respect to lethal military equipment provided 
     under a contract entered into after October 1, 1997.
       (2) Assistance restricted by paragraph (1) or any other 
     similar provision of law, may be furnished if the President 
     determines that to do so is important to the national 
     interests of the United States.
       (3) Whenever the President makes a determination pursuant 
     to paragraph (2), the President shall submit to the 
     Committees on Appropriations a report with respect to the 
     furnishing of such assistance, including a detailed 
     explanation of the assistance to be provided, the estimated 
     dollar amount of such assistance, and an explanation of how 
     the assistance furthers United States national interests.
       (b) Bilateral Assistance.--
       (1) Funds appropriated for bilateral assistance in titles 
     III through VI of this Act and funds appropriated under any 
     such title in prior acts making appropriations for the 
     Department of State, foreign operations, and related 
     programs, shall not be made available to any foreign 
     government which the President determines--
       (A) grants sanctuary from prosecution to any individual or 
     group which has committed an act of international terrorism;
       (B) otherwise supports international terrorism; or
       (C) is controlled by an organization designated as a 
     terrorist organization under section 219 of the Immigration 
     and Nationality Act.
       (2) The President may waive the application of paragraph 
     (1) to a government if the President determines that national 
     security or humanitarian reasons justify such waiver:  
     Provided, That the President shall publish each such waiver 
     in the Federal Register and, at least 15 days before the 
     waiver takes effect, shall notify the Committees on 
     Appropriations of the waiver (including the justification for 
     the waiver) in accordance with the regular notification 
     procedures of the Committees on Appropriations.

                       authorization requirements

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

              definition of program, project, and activity

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

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

       Sec. 7024.  Unless expressly provided to the contrary, 
     provisions of this or any other Act, including provisions 
     contained in prior Acts authorizing or making appropriations 
     for the Department of State, foreign operations, and related 
     programs, shall not be construed to prohibit activities 
     authorized by or conducted under the Peace Corps Act, the 
     Inter-American Foundation Act or the African Development 
     Foundation Act:  Provided, That prior to conducting 
     activities in a country for which assistance is prohibited, 
     the agency shall consult with the Committees on 
     Appropriations and report to such Committees within 15 days 
     of taking such action.

                commerce, trade and surplus commodities

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

                           separate accounts

       Sec. 7026. (a) Separate Accounts for Local Currencies.--
       (1) If assistance is furnished to the government of a 
     foreign country under chapters 1 and 10 of part I or chapter 
     4 of part II of the Foreign Assistance Act of 1961 under 
     agreements which result in the generation of local currencies 
     of that country, the Administrator of the United States 
     Agency for International Development (USAID) shall--
       (A) require that local currencies be deposited in a 
     separate account established by that government;
       (B) enter into an agreement with that government which sets 
     forth--
       (i) the amount of the local currencies to be generated; and

[[Page 20406]]

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

                       eligibility for assistance

       Sec. 7027. (a) Assistance Through Nongovernmental 
     Organizations.--Restrictions contained in this or any other 
     Act with respect to assistance for a country shall not be 
     construed to restrict assistance in support of programs of 
     nongovernmental organizations from funds appropriated by this 
     Act to carry out the provisions of chapters 1, 10, 11, and 12 
     of part I and chapter 4 of part II of the Foreign Assistance 
     Act of 1961, and from funds appropriated under the heading 
     ``Assistance for Europe, Eurasia and Central Asia'':  
     Provided, That before using the authority of this subsection 
     to furnish assistance in support of programs of 
     nongovernmental organizations, the President shall notify the 
     Committees on Appropriations under the regular notification 
     procedures of those committees, including a description of 
     the program to be assisted, the assistance to be provided, 
     and the reasons for furnishing such assistance:  Provided 
     further, That nothing in this subsection shall be construed 
     to alter any existing statutory prohibitions against abortion 
     or involuntary sterilizations contained in this or any other 
     Act.
       (b) Public Law 480.--During fiscal year 2012, restrictions 
     contained in this or any other Act with respect to assistance 
     for a country shall not be construed to restrict assistance 
     under the Agricultural Trade Development and Assistance Act 
     of 1954:  Provided, That none of the funds appropriated to 
     carry out title I of such Act and made available pursuant to 
     this subsection may be obligated or expended except as 
     provided through the regular notification procedures of the 
     Committees on Appropriations.
       (c) Exception.--This section shall not apply--
       (1) with respect to section 620A of the Foreign Assistance 
     Act of 1961 or any comparable provision of law prohibiting 
     assistance to countries that support international terrorism; 
     or
       (2) with respect to section 116 of the Foreign Assistance 
     Act of 1961 or any comparable provision of law prohibiting 
     assistance to the government of a country that violates 
     internationally recognized human rights.

                  impact on jobs in the united states

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

                  international financial institutions

       Sec. 7029. (a) None of the funds appropriated under title V 
     of this Act may be made as payment to any international 
     financial institution while the United States executive 
     director to such institution is compensated by the 
     institution at a rate which, together with whatever 
     compensation such executive director receives from the United 
     States, is in excess of the rate provided for an individual 
     occupying a position at level IV of the Executive Schedule 
     under section 5315 of title 5, United States Code, or while 
     any alternate United States executive director to such 
     institution is compensated by the institution at a rate in 
     excess of the rate provided for an individual occupying a 
     position at level V of the Executive Schedule under section 
     5316 of title 5, United States Code.
       (b) The Secretary of the Treasury shall instruct the United 
     States executive director of each international financial 
     institution to oppose any loan, grant, strategy or policy of 
     such institution that would require user fees or service 
     charges on poor people for primary education or primary 
     healthcare, including prevention, care and treatment for HIV/
     AIDS, malaria, tuberculosis, and infant, child, and maternal 
     health, in connection with such institution's financing 
     programs.
       (c) The Secretary of the Treasury shall instruct the United 
     States Executive Director of the International Monetary Fund 
     (the Fund) to use the voice and vote of the United States to 
     oppose any loan, project, agreement, memorandum, instrument, 
     plan, or other program of the Fund to a Heavily Indebted Poor 
     Country that imposes budget caps or restraints that do not 
     allow the maintenance of or an increase in governmental 
     spending on healthcare or education; and to promote 
     government spending on healthcare, education, agriculture and 
     food security, or other critical safety net programs in all 
     of the Fund's activities with respect to Heavily Indebted 
     Poor Countries.
       (d) For the purposes of this Act ``international financial 
     institutions'' shall mean the International Bank for 
     Reconstruction and Development, the International Development 
     Association, the International Finance Corporation, the 
     Inter-American Development Bank, the International Monetary 
     Fund, the Asian Development Bank, the Asian Development Fund, 
     the Inter-American Investment Corporation, the North American 
     Development Bank, the European Bank for Reconstruction and 
     Development, the African Development Bank and the African 
     Development Fund.

                          debt-for-development

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

              financial management and budget transparency

       Sec. 7031. (a) Limitation on Direct Government-to-
     Government Assistance.--
       (1) Funds appropriated by this Act may be made available 
     for direct Government-to-Government assistance only if--
       (A) each implementing agency or ministry to receive 
     assistance has been assessed and is considered to have the 
     systems required to manage such assistance and any identified 
     vulnerabilities or weaknesses of such agency or ministry have 
     been addressed; and
       (i) the recipient agency or ministry employs and utilizes 
     staff with the necessary technical, financial, and management 
     capabilities;
       (ii) the recipient agency or ministry has adopted 
     competitive procurement policies and systems;

[[Page 20407]]

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

             authority to engage in debt buybacks or sales

       Sec. 7032. (a) Loans Eligible for Sale, Reduction, or 
     Cancellation.--
       (1) Authority to sell, reduce, or cancel certain loans.--
     Notwithstanding any other provision of law, the President 
     may, in accordance with this section, sell to any eligible 
     purchaser any concessional loan or portion thereof made 
     before January 1, 1995, pursuant to the Foreign Assistance 
     Act of 1961, to the government of any eligible country as 
     defined in section 702(6) of that Act or on receipt of 
     payment from an eligible purchaser, reduce or cancel such 
     loan or portion thereof, only for the purpose of 
     facilitating--
       (A) debt-for-equity swaps, debt-for-development swaps, or 
     debt-for-nature swaps; or
       (B) a debt buyback by an eligible country of its own 
     qualified debt, only if the eligible country uses an 
     additional amount of the local currency of the eligible 
     country, equal to not less than 40 percent of the price paid 
     for such debt by such eligible country, or the difference 
     between the price paid for such debt and the face value of 
     such debt, to support activities that link conservation and 
     sustainable use of natural resources with local community 
     development, and child survival and other child development, 
     in a manner consistent with sections 707 through 710 of the 
     Foreign Assistance Act of 1961, if the sale, reduction, or 
     cancellation would not contravene any term or condition of 
     any prior agreement relating to such loan.
       (2) Terms and conditions.--Notwithstanding any other 
     provision of law, the President shall, in accordance with 
     this section, establish the terms and conditions under which 
     loans may be sold, reduced, or canceled pursuant to this 
     section.
       (3) Administration.--The Facility, as defined in section 
     702(8) of the Foreign Assistance Act of 1961, shall notify 
     the administrator of the agency primarily responsible for 
     administering part I of the Foreign Assistance Act of 1961 of 
     purchasers that the President has determined to be eligible, 
     and shall direct such agency to carry out the sale, 
     reduction, or cancellation of a loan pursuant to this 
     section:  Provided, That such agency shall make adjustment in 
     its accounts to reflect the sale, reduction, or cancellation.
       (4) Limitation.--The authorities of this subsection shall 
     be available only to the extent that appropriations for the 
     cost of the modification, as defined in section 502 of the 
     Congressional Budget Act of 1974, are made in advance.
       (b) Deposit of Proceeds.--The proceeds from the sale, 
     reduction, or cancellation of any loan sold, reduced, or 
     canceled pursuant to this section shall be deposited in the 
     United States Government account or accounts established for 
     the repayment of such loan.
       (c) Eligible Purchasers.--A loan may be sold pursuant to 
     subsection (a)(1)(A) only to a purchaser who presents plans 
     satisfactory to the President for using the loan for the 
     purpose of engaging in debt-for-equity swaps, debt-for-
     development swaps, or debt-for-nature swaps.
       (d) Debtor Consultations.--Before the sale to any eligible 
     purchaser, or any reduction or cancellation pursuant to this 
     section, of any loan made to an eligible country, the 
     President should consult with the country concerning the 
     amount of loans to be sold, reduced, or canceled and their 
     uses for debt-for-equity swaps, debt-for-development swaps, 
     or debt-for-nature swaps.
       (e) Availability of Funds.--The authority provided by 
     subsection (a) may be used only with regard to funds 
     appropriated by this Act under the heading ``Debt 
     Restructuring''.

                         multi-year commitments

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

                           special provisions

       Sec. 7034. (a) Victims of War, Displaced Children, and 
     Displaced Burmese.--Funds appropriated in titles III and VI 
     of this Act that are made available for victims of war, 
     displaced children, and displaced Burmese, and to assist 
     victims of trafficking in persons and, subject to the regular 
     notification procedures of the Committees on Appropriations, 
     to combat such trafficking, may be made available 
     notwithstanding any other provision of law.
       (b) Reconstituting Civilian Police Authority.--In providing 
     assistance with funds appropriated by this Act under section 
     660(b)(6) of the Foreign Assistance Act of 1961, support for 
     a nation emerging from instability may be deemed to

[[Page 20408]]

     mean support for regional, district, municipal, or other sub-
     national entity emerging from instability, as well as a 
     nation emerging from instability.
       (c) World Food Program.--Funds managed by the Bureau for 
     Democracy, Conflict, and Humanitarian Assistance, United 
     States Agency for International Development (USAID), from 
     this or any other Act, shall be made available as a general 
     contribution to the World Food Program, notwithstanding any 
     other provision of law.
       (d) Disarmament, Demobilization and Reintegration.--
     Notwithstanding any other provision of law, regulation or 
     Executive order, funds appropriated by this Act and prior 
     Acts making appropriations for the Department of State, 
     foreign operations, and related programs under the headings 
     ``Economic Support Fund'', ``Peacekeeping Operations'', 
     ``International Disaster Assistance'', and ``Transition 
     Initiatives'' should be made available to support programs to 
     disarm, demobilize, and reintegrate into civilian society 
     former members of foreign terrorist organizations:  Provided, 
     That the Secretary of State shall consult with the Committees 
     on Appropriations prior to the obligation of funds pursuant 
     to this subsection:  Provided further, That for the purposes 
     of this subsection the term ``foreign terrorist 
     organization'' means an organization designated as a 
     terrorist organization under section 219 of the Immigration 
     and Nationality Act.
       (e) Research and Training.--Funds appropriated by this Act 
     under the heading ``Economic Support Fund'' may be made 
     available to carry out the Program for Research and Training 
     on Eastern Europe and the Independent States of the Former 
     Soviet Union (title VIII) as authorized by the Soviet-Eastern 
     European Research and Training Act of 1983 (22 U.S.C. 4501-
     4508).
       (f) Contingencies.--During fiscal year 2012, the President 
     may use up to $50,000,000 under the authority of section 451 
     of the Foreign Assistance Act of 1961, notwithstanding any 
     other provision of law.
       (g) Consolidation of Reports.--The Secretary of State, in 
     coordination with the USAID Administrator, shall submit to 
     the Committees on Appropriations, and other relevant 
     congressional committees, not later than 90 days after 
     enactment of this Act recommendations for the consolidation 
     or combination of reports (including plans and strategies) 
     that are called for by any provision of law to be submitted 
     to the Congress and that are substantially duplicative of 
     others called for by any other provision of law:  Provided, 
     That reports are considered ``substantially duplicative'' if 
     they are required to address at least more than half of the 
     same substantive factors, criteria and issues that are 
     required to be addressed by any other report, and any such 
     consolidated report must address all the substantive factors, 
     criteria and issues required to be addressed in each of the 
     individual reports:  Provided further, That reports affected 
     by this subsection are those within the purview of, or 
     prepared primarily by, the Department of State and USAID and 
     that relate to matters addressed under this Act or any other 
     Act authorizing or appropriating funds for use by, or actions 
     of, the Department of State or USAID.
       (h) Promotion of Democracy.--
       (1) Funds made available by this Act that are made 
     available for the promotion of democracy may be made 
     available notwithstanding any other provision of law, and 
     with regard to the National Endowment for Democracy, any 
     regulation.
       (2) For the purposes of funds appropriated by this Act, the 
     term ``promotion of democracy'' means programs that support 
     good governance, human rights, independent media, and the 
     rule of law, and otherwise strengthen the capacity of 
     democratic political parties, governments, nongovernmental 
     organizations and institutions, and citizens to support the 
     development of democratic states, institutions, and practices 
     that are responsive and accountable to citizens.
       (3) With respect to the provision of assistance for 
     democracy, human rights and governance activities in this 
     Act, the organizations implementing such assistance and the 
     specific nature of that assistance shall not be subject to 
     the prior approval by the government of any foreign country.
       (4) Funds appropriated under the heading ``Economic Support 
     Fund'' shall be made available to the Bureau of Democracy, 
     Human Rights and Labor for programs to promote human rights 
     by expanding open and uncensored access to information and 
     communication as identified in the Department of State's 
     Internet freedom strategy:  Provided, That funds made 
     available by this paragraph should be matched by sources 
     other than the United States Government, as appropriate:  
     Provided further, That the Secretary of State shall 
     coordinate the development and uses of circumvention and 
     secure communications technologies with the Administrator of 
     the United States Agency for International Development and 
     the Broadcasting Board of Governors, as appropriate:  
     Provided further, That the circumvention technologies and 
     programs supported by funds made available by this Act, shall 
     undergo a review, to include an assessment of the protection 
     against such technologies being used for illicit purposes.
       (5) Funds appropriated by this Act that are made available 
     to promote democracy and human rights shall also be made 
     available to support freedom of religion, especially in the 
     Middle East and North Africa.
       (i) Partner Vetting.--Funds appropriated in this Act or any 
     prior Acts making appropriations for the Department of State, 
     foreign operations, and related programs shall be used by the 
     Secretary of State and the Administrator of the United States 
     Agency for International Development (USAID), as appropriate, 
     to support the development and implementation of a Partner 
     Vetting System (PVS) pilot program:  Provided, That such 
     pilot program shall be implemented not later than September 
     30, 2012:  Provided further, That the Secretary of State and 
     the USAID Administrator shall jointly submit a report to the 
     Committees on Appropriations not later than 30 days after 
     completion of the pilot program on the estimated timeline and 
     criteria for evaluating the PVS for expansion.
       (j) Protections and Remedies for Employees of Diplomatic 
     Missions and International Organizations.--The Secretary of 
     State shall implement section 203(a)(2) of the William 
     Wilberforce Trafficking Victims Protection Reauthorization 
     Act of 2008 (Public Law 110-457):  Provided, That in 
     determining whether to suspend the issuance of A-3 or G-5 
     visas to applicants seeking to work for officials of a 
     diplomatic mission or international organization, the 
     Secretary shall consider whether a final court judgment has 
     been issued against a current or former employee of such 
     mission or organization (and the time period for a final 
     appeal has expired) or whether the Department of State has 
     requested that immunity of individual diplomats or family 
     members be waived to permit criminal prosecution:  Provided 
     further, That the Secretary should continue to assist in 
     obtaining payment of final court judgments awarded to A-3 and 
     G-5 visa holders, including encouraging the sending states to 
     provide compensation directly to victims:  Provided further, 
     That the Secretary shall include, in a manner the Secretary 
     deems appropriate, all trafficking cases involving A-3 or G-5 
     visa holders in the Trafficking in Persons annual report for 
     which a final civil judgment has been issued (and the time 
     period for final appeal has expired) or the Department of 
     Justice has determined that the United States Government 
     would seek to indict the diplomat or a family member but for 
     diplomatic immunity.
       (k) Modification of Amendment.--Section 620J of the Foreign 
     Assistance Act of 1961 (Limitation on Assistance to Security 
     Forces) is amended as follows:
       (1) by redesignating the section as section 620M;
       (2) in subsection (a), by striking ``evidence'' and 
     inserting ``information'' and by striking ``gross 
     violations'' and inserting ``a gross violation'';
       (3) in subsection (b), by striking ``measures'' and 
     inserting ``steps''; and
       (4) by adding the following subsection:
       ``(d) Credible Information.--The Secretary shall establish, 
     and periodically update, procedures to--
       ``(1) ensure that for each country the Department of State 
     has a current list of all security force units receiving 
     United States training, equipment, or other types of 
     assistance;
       ``(2) facilitate receipt by the Department of State and 
     United States embassies of information from individuals and 
     organizations outside the United States Government about 
     gross violations of human rights by security force units;
       ``(3) routinely request and obtain such information from 
     the Department of Defense, the Central Intelligence Agency, 
     and other United States Government sources;
       ``(4) ensure that such information is evaluated and 
     preserved;
       ``(5) ensure that when vetting an individual for 
     eligibility to receive United States training the 
     individual's unit is also vetted;
       ``(6) seek to identify the unit involved when credible 
     information of a gross violation exists but the identity of 
     the unit is lacking; and
       ``(7) make publicly available, to the maximum extent 
     practicable, the identity of those units for which no 
     assistance shall be furnished pursuant to subsection (a).''
       (l) Sections Repealed.--Sections 494, 495, and 495B through 
     495K of the Foreign Assistance Act of 1961 are hereby 
     repealed.
       (m) Extension of Authorities.--
       (1) Section 1(b)(2) of the Passport Act of June 4, 1920 (22 
     U.S.C. 214(b)(2)) shall be applied by substituting 
     ``September 30, 2012'' for ``September 30, 2010''.
       (2) The authority provided by section 301(a)(3) of the 
     Omnibus Diplomatic Security and Antiterrorism Act of 1986 (22 
     U.S.C. 4831(a)(3)) shall remain in effect through September 
     30, 2012.
       (3) The authority contained in section 1115(d) of Public 
     Law 111-32 shall remain in effect through September 30, 2012.
       (4) Section 824(g) of the Foreign Service Act of 1980 (22 
     U.S.C. 4064(g)) shall be applied by substituting ``September 
     30, 2012'' for ``October 1, 2010'' in paragraph (2).
       (5) Section 61(a) of the State Department Basic Authorities 
     Act of 1956 (22 U.S.C. 2733(a)) shall be applied by 
     substituting ``September 30, 2012'' for ``October 1, 2010'' 
     in paragraph (2).
       (6) Section 625(j)(1) of the Foreign Assistance Act of 1961 
     (22 U.S.C. 2385(j)(1)) shall be applied by substituting 
     ``September 30, 2012'' for ``October 1, 2010'' in 
     subparagraph (B).
       (7) The authority contained in section 1603(a)(2) of Public 
     Law 109-234, as amended, shall remain in effect through 
     September 30, 2012.
       (8) The authority provided by section 1113 of Public Law 
     111-32 shall remain in effect through September 30, 2012:  
     Provided, That none of the funds appropriated or otherwise 
     made available by this Act or any other Act making 
     appropriations for the Department of

[[Page 20409]]

     State, foreign operations, and related programs may be used 
     to implement phase 3 of such authority.
       (n) Reports Repealed.--Section 133(d) of Public Law 87-195; 
     section 807 of Public Law 98-164; section 704(c) of Public 
     Law 101-179; section 104 of Public Law 102-511; section 
     560(g) of Public Law 103-87; section 514(a) of Public Law 
     103-236; section 605(c) of Appendix G, Public Law 106-113; 
     sections 3203 and 3204(f) of division B of Public Law 106-
     246; section 564(g)(4) of Public Law 106-429; sections 
     694(a), 694(b), 704 and 1321 of Public Law 107-228; and 
     section 409(c) of Public Law 108-447 are hereby repealed.
       (o) Government Expenditures.--Funds appropriated under 
     title III and under the heading ``International Narcotics 
     Control and Law Enforcement'' in this Act should not be made 
     available for assistance for any government for programs or 
     activities in fiscal year 2013 if the Secretary of State or 
     the Administrator of the United States Agency for 
     International Development has credible information that such 
     government is reducing its own expenditures for such programs 
     or activities as a result of the assistance provided and for 
     reasons that are inconsistent with the purposes of such 
     assistance.
       (p) International Child Abductions.--The Secretary of State 
     may withhold funds appropriated under title III of this Act 
     for assistance for the central government of any country that 
     the Secretary determines is not taking appropriate steps to 
     comply with the Convention on the Civil Aspects of 
     International Child Abductions, done at the Hague on October 
     25, 1980:  Provided, That the Secretary shall report to the 
     Committees on Appropriations within 15 days of making any 
     such determination.
       (q) Redesignations.--
       (1) The position of Advisor established pursuant to section 
     699B of division J of Public Law 110-161 shall, within 45 
     days of enactment of this Act and notwithstanding the 
     requirements of such section, be moved to the United States 
     Agency for International Development (USAID):  Provided, That 
     the Advisor shall hereafter be appointed by the USAID 
     Administrator and shall report directly to the Administrator: 
      Provided further, That the responsibilities of the Advisor 
     enumerated in section 699B(b) shall remain in full force and 
     effect.
       (2) The position of Coordinator established pursuant to 
     section 664 of division J of Public Law 110-161 shall, within 
     45 days of enactment of this Act and notwithstanding the 
     requirements of such section, be moved to the United States 
     Agency for International Development (USAID):  Provided, That 
     the Coordinator shall hereafter be appointed by the USAID 
     Administrator and shall report directly to the Administrator: 
      Provided further, That the responsibilities of the 
     Coordinator enumerated in the first sentence of section 
     664(c) shall remain in full force and effect:  Provided 
     further, That the limitation in the second sentence of such 
     section shall hereafter no longer apply to the Coordinator.
       (r) Extension of Authority.--The Foreign Operations, Export 
     Financing, and Related Programs Appropriations Act, 1990 
     (Public Law 101-167) is amended--
       (1)In section 599D (8 U.S.C. 1157 note)--
       (A) in subsection (b)(3), by striking ``and 2011'' and 
     inserting ``2011, and 2012''; and
       (B) in subsection (e), by striking ``June 1, 2011'' each 
     place it appears and inserting ``October 1, 2012''; and
       (2) in section 599E (8 U.S.C. 1255 note) in subsection 
     (b)(2), by striking ``2011'' and inserting ``2012''.

                     arab league boycott of israel

       Sec. 7035.  It is the sense of the Congress that--
       (1) the Arab League boycott of Israel, and the secondary 
     boycott of American firms that have commercial ties with 
     Israel, is an impediment to peace in the region and to United 
     States investment and trade in the Middle East and North 
     Africa;
       (2) the Arab League boycott, which was regrettably 
     reinstated in 1997, should be immediately and publicly 
     terminated, and the Central Office for the Boycott of Israel 
     immediately disbanded;
       (3) all Arab League states should normalize relations with 
     their neighbor Israel;
       (4) the President and the Secretary of State should 
     continue to vigorously oppose the Arab League boycott of 
     Israel and find concrete steps to demonstrate that opposition 
     by, for example, taking into consideration the participation 
     of any recipient country in the boycott when determining to 
     sell weapons to said country; and
       (5) the President should report to Congress annually on 
     specific steps being taken by the United States to encourage 
     Arab League states to normalize their relations with Israel 
     to bring about the termination of the Arab League boycott of 
     Israel, including those to encourage allies and trading 
     partners of the United States to enact laws prohibiting 
     businesses from complying with the boycott and penalizing 
     businesses that do comply.

                         palestinian statehood

       Sec. 7036. (a) Limitation on Assistance.--None of the funds 
     appropriated under titles III through VI of this Act may be 
     provided to support a Palestinian state unless the Secretary 
     of State determines and certifies to the appropriate 
     congressional committees that--
       (1) the governing entity of a new Palestinian state--
       (A) has demonstrated a firm commitment to peaceful co-
     existence with the State of Israel;
       (B) is taking appropriate measures to counter terrorism and 
     terrorist financing in the West Bank and Gaza, including the 
     dismantling of terrorist infrastructures, and is cooperating 
     with appropriate Israeli and other appropriate security 
     organizations; and
       (2) the Palestinian Authority (or the governing entity of a 
     new Palestinian state) is working with other countries in the 
     region to vigorously pursue efforts to establish a just, 
     lasting, and comprehensive peace in the Middle East that will 
     enable Israel and an independent Palestinian state to exist 
     within the context of full and normal relationships, which 
     should include--
       (A) termination of all claims or states of belligerency;
       (B) respect for and acknowledgment of the sovereignty, 
     territorial integrity, and political independence of every 
     state in the area through measures including the 
     establishment of demilitarized zones;
       (C) their right to live in peace within secure and 
     recognized boundaries free from threats or acts of force;
       (D) freedom of navigation through international waterways 
     in the area; and
       (E) a framework for achieving a just settlement of the 
     refugee problem.
       (b) Sense of Congress.--It is the sense of Congress that 
     the governing entity should enact a constitution assuring the 
     rule of law, an independent judiciary, and respect for human 
     rights for its citizens, and should enact other laws and 
     regulations assuring transparent and accountable governance.
       (c) Waiver.--The President may waive subsection (a) if the 
     President determines that it is important to the national 
     security interests of the United States to do so.
       (d) Exemption.--The restriction in subsection (a) shall not 
     apply to assistance intended to help reform the Palestinian 
     Authority and affiliated institutions, or the governing 
     entity, in order to help meet the requirements of subsection 
     (a), consistent with the provisions of section 7040 of this 
     Act (``Limitation on Assistance for the Palestinian 
     Authority'').

           restrictions concerning the palestinian authority

       Sec. 7037.  None of the funds appropriated under titles II 
     through VI of this Act may be obligated or expended to create 
     in any part of Jerusalem a new office of any department or 
     agency of the United States Government for the purpose of 
     conducting official United States Government business with 
     the Palestinian Authority over Gaza and Jericho or any 
     successor Palestinian governing entity provided for in the 
     Israel-PLO Declaration of Principles:  Provided, That this 
     restriction shall not apply to the acquisition of additional 
     space for the existing Consulate General in Jerusalem:  
     Provided further, That meetings between officers and 
     employees of the United States and officials of the 
     Palestinian Authority, or any successor Palestinian governing 
     entity provided for in the Israel-PLO Declaration of 
     Principles, for the purpose of conducting official United 
     States Government business with such authority should 
     continue to take place in locations other than Jerusalem:  
     Provided further, That as has been true in the past, officers 
     and employees of the United States Government may continue to 
     meet in Jerusalem on other subjects with Palestinians 
     (including those who now occupy positions in the Palestinian 
     Authority), have social contacts, and have incidental 
     discussions.

 prohibition on assistance to the palestinian broadcasting corporation

       Sec. 7038.  None of the funds appropriated or otherwise 
     made available by this Act may be used to provide equipment, 
     technical support, consulting services, or any other form of 
     assistance to the Palestinian Broadcasting Corporation.

                 assistance for the west bank and gaza

       Sec. 7039. (a) Oversight.--For fiscal year 2012, 30 days 
     prior to the initial obligation of funds for the bilateral 
     West Bank and Gaza Program, the Secretary of State shall 
     certify to the Committees on Appropriations that procedures 
     have been established to assure the Comptroller General of 
     the United States will have access to appropriate United 
     States financial information in order to review the uses of 
     United States assistance for the Program funded under the 
     heading ``Economic Support Fund'' for the West Bank and Gaza.
       (b) Vetting.--Prior to the obligation of funds appropriated 
     by this Act under the heading ``Economic Support Fund'' for 
     assistance for the West Bank and Gaza, the Secretary of State 
     shall take all appropriate steps to ensure that such 
     assistance is not provided to or through any individual, 
     private or government entity, or educational institution that 
     the Secretary knows or has reason to believe advocates, 
     plans, sponsors, engages in, or has engaged in, terrorist 
     activity nor, with respect to private entities or educational 
     institutions, those that have as a principal officer of the 
     entity's governing board or governing board of trustees any 
     individual that has been determined to be involved in, or 
     advocating terrorist activity or determined to be a member of 
     a designated foreign terrorist organization:  Provided, That 
     the Secretary of State shall, as appropriate, establish 
     procedures specifying the steps to be taken in carrying out 
     this subsection and shall terminate assistance to any 
     individual, entity, or educational institution which the 
     Secretary has determined to be involved in or advocating 
     terrorist activity.
       (c) Prohibition.--
       (1) None of the funds appropriated under titles III through 
     VI of this Act for assistance under the West Bank and Gaza 
     Program may be made available for the purpose of recognizing 
     or

[[Page 20410]]

     otherwise honoring individuals who commit, or have committed 
     acts of terrorism.
       (2) Notwithstanding any other provision of law, none of the 
     funds made available by this or prior appropriations Acts, 
     including funds made available by transfer, may be made 
     available for obligation for security assistance for the West 
     Bank and Gaza until the Secretary of State reports to the 
     Committees on Appropriations on the benchmarks that have been 
     established for security assistance for the West Bank and 
     Gaza and reports on the extent of Palestinian compliance with 
     such benchmarks.
       (d) Audits.--
       (1) The Administrator of the United States Agency for 
     International Development shall ensure that Federal or non-
     Federal audits of all contractors and grantees, and 
     significant subcontractors and sub-grantees, under the West 
     Bank and Gaza Program, are conducted at least on an annual 
     basis to ensure, among other things, compliance with this 
     section.
       (2) Of the funds appropriated by this Act up to $500,000 
     may be used by the Office of Inspector General of the United 
     States Agency for International Development for audits, 
     inspections, and other activities in furtherance of the 
     requirements of this subsection:  Provided, That such funds 
     are in addition to funds otherwise available for such 
     purposes.
       (e) Subsequent to the certification specified in subsection 
     (a), the Comptroller General of the United States shall 
     conduct an audit and an investigation of the treatment, 
     handling, and uses of all funds for the bilateral West Bank 
     and Gaza Program, including all funds provided as cash 
     transfer assistance, in fiscal year 2012 under the heading 
     ``Economic Support Fund'', and such audit shall address--
       (1) the extent to which such Program complies with the 
     requirements of subsections (b) and (c); and
       (2) an examination of all programs, projects, and 
     activities carried out under such Program, including both 
     obligations and expenditures.
       (f) Funds made available in this Act for West Bank and Gaza 
     shall be subject to the regular notification procedures of 
     the Committees on Appropriations.
       (g) Not later than 180 days after enactment of this Act, 
     the Secretary of State shall submit a report to the 
     Committees on Appropriations updating the report contained in 
     section 2106 of chapter 2 of title II of Public Law 109-13.

         limitation on assistance for the palestinian authority

       Sec. 7040. (a) Prohibition of Funds.--None of the funds 
     appropriated by this Act to carry out the provisions of 
     chapter 4 of part II of the Foreign Assistance Act of 1961 
     may be obligated or expended with respect to providing funds 
     to the Palestinian Authority.
       (b) Waiver.--The prohibition included in subsection (a) 
     shall not apply if the President certifies in writing to the 
     Speaker of the House of Representatives, the President pro 
     tempore of the Senate, and the Committees on Appropriations 
     that waiving such prohibition is important to the national 
     security interests of the United States.
       (c) Period of Application of Waiver.--Any waiver pursuant 
     to subsection (b) shall be effective for no more than a 
     period of 6 months at a time and shall not apply beyond 12 
     months after the enactment of this Act.
       (d) Report.--Whenever the waiver authority pursuant to 
     subsection (b) is exercised, the President shall submit a 
     report to the Committees on Appropriations detailing the 
     justification for the waiver, the purposes for which the 
     funds will be spent, and the accounting procedures in place 
     to ensure that the funds are properly disbursed:  Provided, 
     That the report shall also detail the steps the Palestinian 
     Authority has taken to arrest terrorists, confiscate weapons 
     and dismantle the terrorist infrastructure.
       (e) Certification.--If the President exercises the waiver 
     authority under subsection (b), the Secretary of State must 
     certify and report to the Committees on Appropriations prior 
     to the obligation of funds that the Palestinian Authority has 
     established a single treasury account for all Palestinian 
     Authority financing and all financing mechanisms flow through 
     this account, no parallel financing mechanisms exist outside 
     of the Palestinian Authority treasury account, and there is a 
     single comprehensive civil service roster and payroll.
       (f) Prohibition to Hamas and the Palestine Liberation 
     Organization.--
       (1) None of the funds appropriated in titles III through VI 
     of this Act may be obligated for salaries of personnel of the 
     Palestinian Authority located in Gaza or may be obligated or 
     expended for assistance to Hamas or any entity effectively 
     controlled by Hamas, any power-sharing government of which 
     Hamas is a member, or that results from an agreement with 
     Hamas and over which Hamas exercises undue influence.
       (2) Notwithstanding the limitation of subsection (1), 
     assistance may be provided to a power-sharing government only 
     if the President certifies and reports to the Committees on 
     Appropriations that such government, including all of its 
     ministers or such equivalent, has publicly accepted and is 
     complying with the principles contained in section 
     620K(b)(1)(A) and (B) of the Foreign Assistance Act of 1961, 
     as amended.
       (3) The President may exercise the authority in section 
     620K(e) of the Foreign Assistance Act as added by the 
     Palestinian Anti-Terrorism Act of 2006 (Public Law 109-446) 
     with respect to this subsection.
       (4) Whenever the certification pursuant to paragraph (2) is 
     exercised, the Secretary of State shall submit a report to 
     the Committees on Appropriations within 120 days of the 
     certification and every quarter thereafter on whether such 
     government, including all of its ministers or such equivalent 
     are continuing to comply with the principles contained in 
     section 620K(b)(1)(A) and (B) of the Foreign Assistance Act 
     of 1961, as amended:  Provided, That the report shall also 
     detail the amount, purposes and delivery mechanisms for any 
     assistance provided pursuant to the abovementioned 
     certification and a full accounting of any direct support of 
     such government.
       (5) None of the funds appropriated under titles III through 
     VI of this Act may be obligated for assistance for the 
     Palestine Liberation Organization.

                               near east

       Sec. 7041. (a) Egypt.--
       (1)(A) None of the funds appropriated under titles III and 
     IV of this Act and in prior Acts making appropriations for 
     the Department of State, foreign operations, and related 
     programs may be made available for assistance for the central 
     Government of Egypt unless the Secretary of State certifies 
     to the Committees on Appropriations that such government is 
     meeting its obligations under the 1979 Egypt-Israel Peace 
     Treaty.
       (B) Prior to the obligation of funds appropriated by this 
     Act under the heading ``Foreign Military Financing Program'', 
     the Secretary of State shall certify to the Committees on 
     Appropriations that the Government of Egypt is supporting the 
     transition to civilian government including holding free and 
     fair elections; implementing policies to protect freedom of 
     expression, association, and religion, and due process of 
     law.
       (C) The Secretary of State may waive the requirements of 
     paragraphs (A) and (B) if the Secretary determines and 
     reports to the Committees on Appropriations that to do so is 
     in the national security interest of the United States:  
     Provided, That such determination and report shall include a 
     detailed justification for such waiver.
       (2) The Secretary of State shall consult with the 
     Committees on Appropriations prior to the transfer of funds 
     appropriated by this Act under the heading ``Foreign Military 
     Financing Program'' to an interest-bearing account for Egypt.
       (3) Funds appropriated under the heading ``Economic Support 
     Fund'' in this Act and prior Acts (including previously 
     obligated funds), may be made available, notwithstanding any 
     other provision of law, for an Egypt initiative, particularly 
     for the specific costs referred to in the authorities 
     referenced herein, for the purpose of improving the lives of 
     the Egyptian people through education, investment in jobs and 
     skills (including secondary and vocational education), and 
     access to finance for small and medium enterprises with 
     emphasis on expanding opportunities for women, as well as 
     other appropriate market-reform and economic growth 
     activities:  Provided, That the provisions of title VI of 
     Public Law 103-306 pertaining to funds for Jordan shall be 
     deemed to apply to any such initiative and to funds available 
     under this section to carry out such an initiative in the 
     same manner as such cited provisions apply to Jordan, subject 
     to the following provisos:  Provided further, That 
     subparagraph (b)(2) shall be deemed not to apply and the 
     amount made available pursuant to this section as set forth 
     in the joint explanatory statement accompanying this Act and 
     incorporated herein shall be deemed to apply in lieu of the 
     figure in subparagraph (b)(1):  Provided further, That the 
     authority to reduce debt shall include authority to exchange 
     an outstanding obligation for a new obligation and to permit 
     both principal and interest payments on new obligations to be 
     deposited into a fund established for such purpose, to be 
     used in accordance with purposes set forth in an agreement 
     between the United States and Egypt:  Provided further, That 
     the authority of this paragraph shall only be made available 
     after the Secretary of State certifies to the Committees on 
     Appropriations that the Government of Egypt is implementing 
     economic development policies consistent with the objectives 
     of such initiative:  Provided further, That funds made 
     available for such initiative shall be subject to the regular 
     notification procedures of the Committees on Appropriations.
       (b) Enterprise Funds.--Up to $60,000,000 of funds 
     appropriated under the heading ``Economic Support Fund'' in 
     this Act and prior acts making appropriations for the 
     Department of State, foreign operations, and related programs 
     (and including previously obligated funds), that are 
     available for assistance for Egypt, up to $20,000,000 of such 
     funds that are available for assistance for Tunisia, and up 
     to $60,000,000 of such funds that are available for 
     assistance for Jordan, respectively, may be made available 
     notwithstanding any other provision of law, to establish and 
     operate one or more enterprise funds for Egypt, Tunisia, and 
     Jordan, respectively:  Provided, That provisions contained in 
     section 201 of the Support for East European Democracy (SEED) 
     Act of 1989 (excluding the provisions of subsections (b), 
     (c), (d)(3), and (f) of that section), shall be deemed to 
     apply to any such fund or funds, and to funds made available 
     to such fund or funds, in order to enable such fund or funds 
     to provide assistance for purposes of this section:  Provided 
     further, That section 7077 of division F of Public Law 111-
     117 shall apply to any such fund or funds established 
     pursuant to this subsection:  Provided further, That not more 
     than 5 percent of the funds made available pursuant to this 
     subsection

[[Page 20411]]

     should be available for administrative expenses of such fund 
     or funds and not later than 1 year after the date of 
     enactment of this Act, and annually thereafter until each 
     fund is dissolved, each fund shall submit to the Committees 
     on Appropriations a report detailing the administrative 
     expenses of such fund:  Provided further, That each fund 
     shall be governed by a Board of Directors comprised of six 
     private United States citizens and three private citizens of 
     each country, respectively, who have had international 
     business careers and demonstrated expertise in international 
     and emerging markets investment activities:  Provided 
     further, That not later than 1 year after the entry into 
     force of the initial grant agreement under this section and 
     annually thereafter, each fund shall prepare and make 
     available to the public on an Internet Web site administered 
     by the fund a detailed report on the fund's activities during 
     the previous year:  Provided further, That the authority of 
     any such fund or funds to provide assistance shall cease to 
     be effective on December 31, 2022:  Provided further, That 
     funds made available pursuant to this section shall be 
     subject to prior consultation with the Committees on 
     Appropriations.
       (c) Iran.--
       (1) It is the policy of the United States to seek to 
     prevent Iran from achieving the capability to produce or 
     otherwise manufacture nuclear weapons, including by 
     supporting international diplomatic efforts to halt Iran's 
     uranium enrichment program, and the President should fully 
     implement and enforce the Iran Sanctions Act of 1996, as 
     amended (Public Law 104-172) as a means of encouraging 
     foreign governments to require state-owned and private 
     entities to cease all investment in, and support of, Iran's 
     energy sector and all exports of refined petroleum products 
     to Iran.
       (2) None of the funds appropriated or otherwise made 
     available in this Act under the heading ``Export-Import Bank 
     of the United States'' may be used by the Export-Import Bank 
     of the United States to provide any new financing (including 
     loans, guarantees, other credits, insurance, and reinsurance) 
     to any person that is subject to sanctions under paragraph 
     (2) or (3) of section 5(a) of the Iran Sanctions Act of 1996 
     (Public Law 104-172).
       (3) The reporting requirements in section 7043(c) in 
     division F of Public Law 111-117 shall continue in effect 
     during fiscal year 2012 as if part of this Act:  Provided, 
     That the date in subsection (c)(1) shall be deemed to be 
     ``September 30, 2012''.
       (d) Iraq.--
       (1) Funds appropriated or otherwise made available by this 
     Act for assistance for Iraq shall be made available in a 
     manner that utilizes Iraqi entities to the maximum extent 
     practicable, and in accordance with the cost-matching and 
     other requirements in the Department of State's April 9, 2009 
     ``Guidelines for Government of Iraq Financial Participation 
     in United States Government-Funded Civilian Foreign 
     Assistance Programs and Projects''.
       (2) None of the funds appropriated or otherwise made 
     available by this Act may be used by the Government of the 
     United States to enter into a permanent basing rights 
     agreement between the United States and Iraq.
       (3) Funds appropriated by this Act under titles III and VI 
     for assistance for Iraq may be made available notwithstanding 
     any other provision of law, except for this subsection and 
     section 620M of the Foreign Assistance Act of 1961, as 
     amended by this Act.
       (4) Funds appropriated by this Act for assistance for Iraq 
     under the heading ``Economic Support Fund'' shall be made 
     available for programs and activities for which policy 
     justifications and decisions shall be the responsibility of 
     the United States Chief of Mission in Iraq.
       (5)(A) Of the funds appropriated under the heading 
     ``Diplomatic and Consular Programs'' in title VIII of this 
     Act that are made available for security and provincial 
     operations for the Department of State in Iraq, 15 percent 
     shall be withheld from obligation until the Secretary of 
     State submits a report to the Committees on Appropriations 
     detailing--
       (i) an assessment of the security environment in Iraq with 
     respect to facilities and personnel, and the anticipated 
     impact of the withdrawal of United States Armed Forces in 
     Iraq on such environment, on a facility-by-facility basis;
       (ii) an assessment of the security requirements at each 
     facility, and the estimated cost of sustaining such 
     requirements over the next 3 fiscal years;
       (iii) the types of military equipment to be used to meet 
     the security requirements at each facility;
       (iv) the number of United States Government personnel 
     anticipated at each facility, a general description of the 
     duties of such personnel, and the number and cost of 
     contractors anticipated at each facility required for 
     operational and other support; and
       (v) a description of contingency plans, including 
     evacuation, at each facility for United States Government 
     personnel and contractors.
       (B) The report required by this paragraph may be submitted 
     in classified form, if necessary.
       (e) Lebanon.--
       (1) None of the funds appropriated by this Act may be made 
     available for the Lebanese Armed Forces (LAF) if the LAF is 
     controlled by a foreign terrorist organization, as defined by 
     section 219 of the Immigration and Nationality Act.
       (2) Funds appropriated by this Act under the heading 
     ``Foreign Military Financing Program'' for assistance for 
     Lebanon may be made available only to professionalize the LAF 
     and to strengthen border security and combat terrorism, 
     including training and equipping the LAF to secure Lebanon's 
     borders, interdicting arms shipments, preventing the use of 
     Lebanon as a safe haven for terrorist groups, and to 
     implement United Nations Security Council Resolution 1701:  
     Provided, That funds may not be made available for obligation 
     until the Secretary of State submits a detailed spend plan to 
     the Committees on Appropriations, except such plan may not be 
     considered as meeting the notification requirements under 
     section 7015 of this Act or under section 634A of the Foreign 
     Assistance Act of 1961, and shall be submitted not later than 
     September 1, 2012:  Provided further, That the Secretary of 
     State shall regularly consult with the Committees on 
     Appropriations on the activities of the LAF and assistance 
     provided by the United States:  Provided further, That not 
     later than 90 days after enactment of this Act, the Secretary 
     of State shall submit a report to the Committees on 
     Appropriations detailing the actions taken to ensure that 
     equipment provided to the LAF is used for intended purposes.
       (3) Funds appropriated by this Act under titles III and VI 
     for assistance for Lebanon may be made available 
     notwithstanding any other provision of law, except for this 
     subsection and section 620M of the Foreign Assistance Act of 
     1961, as amended by this Act.
       (f) Libya.--Of the funds appropriated by this Act and prior 
     Acts making appropriations for the Department of State, 
     foreign operations, and related programs, up to $20,000,000 
     should be made available to promote democracy, transparent 
     and accountable governance, human rights, transitional 
     justice, and the rule of law in Libya, and for exchange 
     programs between Libyan and American students and 
     professionals:  Provided, That such funds shall be made 
     available, to the maximum extent practicable, on a cost 
     matching basis:  Provided further, That none of the funds 
     appropriated by this Act may be made available for assistance 
     for Libya for infrastructure projects, except on a loan basis 
     with terms favorable to the United States, and only following 
     consultation with the Committees on Appropriations.
       (g) Morocco.--Prior to the obligation of funds appropriated 
     by this Act under the heading ``Foreign Military Financing 
     Program'' for assistance for Morocco, the Secretary of State 
     shall submit a report to the Committees on Appropriations on 
     steps being taken by the Government of Morocco to--
       (1) respect the right of individuals to peacefully express 
     their opinions regarding the status and future of the Western 
     Sahara and to document violations of human rights; and
       (2) provide unimpeded access to human rights organizations, 
     journalists, and representatives of foreign governments to 
     the Western Sahara.
       (h) Syria.--Funds appropriated by this Act shall be made 
     available to promote democracy and protect human rights in 
     Syria, a portion of which should be programmed in 
     consultation with governments in the region, as appropriate.
       (i) Yemen.--None of the funds appropriated by this Act may 
     be made available for the Armed Forces of Yemen if such 
     forces are controlled by a foreign terrorist organization, as 
     defined by section 219 of the Immigration and Nationality 
     Act.

                                 serbia

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

                                 africa

       Sec. 7043. (a) Conflict Minerals.--
       (1) Funds appropriated by this Act under the heading 
     ``Foreign Military Financing Program'' may be made available 
     for assistance for Rwanda or Uganda unless the Secretary of 
     State has credible information that the Government of Rwanda 
     or the Government of Uganda is providing political, military 
     or financial support to armed groups in the Democratic 
     Republic of the Congo (DRC) that are involved in the illegal 
     exportation of minerals out of the DRC or have violated human 
     rights.
       (2) The restriction in paragraph (1) shall not apply to 
     assistance to improve border controls to prevent the illegal 
     exportation of minerals out of the DRC by such groups, to 
     protect humanitarian relief efforts, or to support the 
     training and deployment of members of the Rwandan or Ugandan 
     militaries in international peacekeeping operations or to 
     conduct operations against the Lord's Resistance Army.
       (b) Counterterrorism Programs.--Of the funds appropriated 
     by this Act, not less than $52,800,000 should be made 
     available for the Trans-Sahara Counter-terrorism Partnership 
     program, and not less than $21,300,000 should be made 
     available for the Partnership for Regional East Africa 
     Counterterrorism program.

[[Page 20412]]

       (c) Crisis Response.--Notwithstanding any other provision 
     of law, up to $10,000,000 of the funds appropriated by this 
     Act under the heading ``Global Health Programs'' for HIV/AIDS 
     activities may be transferred to, and merged with, funds 
     appropriated under the headings ``Economic Support Fund'' and 
     ``Transition Initiatives'' to respond to unanticipated crises 
     in Africa, except that funds shall not be transferred unless 
     the Secretary of State certifies to the Committees on 
     Appropriations that no individual currently on anti-
     retroviral therapy supported by such funds shall be 
     negatively impacted by the transfer of such funds:  Provided, 
     That the authority of this subsection shall be subject to 
     prior consultation with the Committees on Appropriations.
       (d) Expanded International Military Education and 
     Training.--
       (1) Funds appropriated under the heading ``International 
     Military Education and Training'' (IMET) in this Act that are 
     made available for assistance for Angola, Cameroon, Central 
     African Republic, Chad, Cote d'Ivoire, Guinea and Zimbabwe 
     may be made available only for training related to 
     international peacekeeping operations and expanded IMET:  
     Provided, That the limitation included in this paragraph 
     shall not apply to courses that support training in maritime 
     security for Angola and Cameroon.
       (2) None of the funds appropriated under the heading 
     ``International Military Education and Training'' in this Act 
     may be made available for assistance for Equatorial Guinea or 
     Somalia.
       (e) Ethiopia.--
       (1) Funds appropriated by this Act under the heading 
     ``Foreign Military Financing Program'' that are available for 
     assistance for Ethiopia shall not be made available unless 
     the Secretary of State--
       (A) certifies to the Committees on Appropriations that the 
     Government of Ethiopia is implementing policies to respect 
     due process and freedoms of expression and association, and 
     is permitting access to human rights and humanitarian 
     organizations to the Somalia region of Ethiopia; and
       (B) submits a report to the Committees on Appropriations on 
     the types and amounts of United States training and equipment 
     proposed to be provided to the Ethiopian military including 
     steps that will be taken to ensure that such assistance is 
     not provided to military units or personnel that have 
     violated human rights, and steps taken by the Government of 
     Ethiopia to investigate and prosecute members of the 
     Ethiopian military who have been credibly alleged to have 
     violated such rights.
       (2) The restriction in paragraph (1) shall not apply to 
     assistance to Ethiopian military efforts in support of 
     international peacekeeping operations, counterterrorism 
     operations along the border with Somalia, and for assistance 
     to the Ethiopian Defense Command and Staff College.
       (f) Sudan Limitation on Assistance.--
       (1) Notwithstanding any other provision of law, none of the 
     funds appropriated by this Act may be made available for 
     assistance for the Government of Sudan.
       (2) None of the funds appropriated by this Act may be made 
     available for the cost, as defined in section 502 of the 
     Congressional Budget Act of 1974, of modifying loans and loan 
     guarantees held by the Government of Sudan, including the 
     cost of selling, reducing, or canceling amounts owed to the 
     United States, and modifying concessional loans, guarantees, 
     and credit agreements.
       (3) The limitations of paragraphs (1) and (2) shall not 
     apply to--
       (A) humanitarian assistance;
       (B) assistance for the Darfur region, Southern Kordofan/
     Nuba Mountains State, Blue Nile State, other marginalized 
     areas and populations in Sudan, and Abyei; and
       (C) assistance to support implementation of the 
     Comprehensive Peace Agreement (CPA), mutual arrangements 
     related to post-referendum issues associated with the CPA, or 
     to promote peace and stability between Sudan and South Sudan, 
     or any other internationally recognized viable peace 
     agreement in Sudan.
       (g) South Sudan.--
       (1) Funds appropriated by this Act should be made available 
     for assistance for South Sudan including to increase 
     agricultural productivity, expand educational opportunities 
     especially for girls, strengthen democratic institutions and 
     the rule of law, and enhance the capacity of the Federal 
     Legislative Assembly to conduct oversight over government 
     revenues and expenditures.
       (2) Not less than 15 days prior to the obligation of funds 
     appropriated by this Act that are available for assistance 
     for the Government of South Sudan, the Secretary of State 
     shall submit a report to the Committees on Appropriations 
     detailing the extent to which the Government of South Sudan 
     is--
       (A) supporting freedom of expression, the establishment of 
     democratic institutions including an independent judiciary, 
     parliament, and security forces that are accountable to 
     civilian authority; and
       (B) investigating and punishing members of security forces 
     who have violated human rights.
       (3) The Secretary of State shall seek to obtain regular 
     audits of the financial accounts of the Government of South 
     Sudan to ensure transparency and accountability of funds, 
     including revenues from the extraction of oil and gas, and 
     the timely, public disclosure of such audits:  Provided, That 
     the Secretary should assist the Government of South Sudan in 
     conducting such audits, and by providing technical assistance 
     to enhance the capacity of the National Auditor Chamber to 
     carry out its responsibilities, and shall submit a report not 
     later than 90 days after enactment of this Act to the 
     Committees on Appropriations detailing the steps that will be 
     taken by the Government of South Sudan, which are additional 
     to those taken in the previous fiscal year, to improve 
     resource management and ensure transparency and 
     accountability of funds.
       (h) Uganda.--Funds appropriated by this Act should be made 
     available for programs and activities in areas affected by 
     the Lord's Resistance Army.
       (i) War Crimes in Africa.--
       (1) The Congress reaffirms its support for the efforts of 
     the International Criminal Tribunal for Rwanda (ICTR) and the 
     Special Court for Sierra Leone (SCSL) to bring to justice 
     individuals responsible for war crimes and crimes against 
     humanity in a timely manner.
       (2) Funds appropriated by this Act may be made available 
     for assistance for the central government of a country in 
     which individuals indicted by the ICTR and the SCSL are 
     credibly alleged to be living, if the Secretary of State 
     determines and reports to the Committees on Appropriations 
     that such government is cooperating with the ICTR and the 
     SCSL, including the apprehension, surrender, and transfer of 
     indictees in a timely manner:  Provided, That this subsection 
     shall not apply to assistance provided under section 551 of 
     the Foreign Assistance Act of 1961 or to project assistance 
     under title VI of this Act:  Provided further, That the 
     United States shall use its voice and vote in the United 
     Nations Security Council to fully support efforts by the ICTR 
     and the SCSL to bring to justice individuals indicted by such 
     tribunals in a timely manner.
       (3) The prohibition in paragraph (2) may be waived on a 
     country-by-country basis if the President determines that 
     doing so is in the national security interest of the United 
     States:  Provided, That prior to exercising such waiver 
     authority, the President shall submit a report to the 
     Committees on Appropriations, in classified form if 
     necessary, on--
       (A) the steps being taken to obtain the cooperation of the 
     government in apprehending and surrendering the indictee in 
     question to the court of jurisdiction;
       (B) a strategy, including a timeline, for bringing the 
     indictee before such court; and
       (C) the justification for exercising the waiver authority.
       (j) Zimbabwe.--
       (1) The Secretary of the Treasury shall instruct the United 
     States executive director of each international financial 
     institution to vote against any extension by the respective 
     institution of any loans or grants to the Government of 
     Zimbabwe, except to meet basic human needs or to promote 
     democracy, unless the Secretary of State determines and 
     reports in writing to the Committees on Appropriations that 
     the rule of law has been restored in Zimbabwe, including 
     respect for ownership and title to property, freedom of 
     speech and association.
       (2) None of the funds appropriated by this Act shall be 
     made available for assistance for the central Government of 
     Zimbabwe, except for health, education, and macroeconomic 
     growth assistance, unless the Secretary of State makes the 
     determination required in paragraph (1).

                                  asia

       Sec. 7044. (a) Tibet.--
       (1) The Secretary of the Treasury should instruct the 
     United States executive director of each international 
     financial institution to use the voice and vote of the United 
     States to support projects in Tibet if such projects do not 
     provide incentives for the migration and settlement of non-
     Tibetans into Tibet or facilitate the transfer of ownership 
     of Tibetan land and natural resources to non-Tibetans; are 
     based on a thorough needs-assessment; foster self-sufficiency 
     of the Tibetan people and respect Tibetan culture and 
     traditions; and are subject to effective monitoring.
       (2) Notwithstanding any other provision of law, funds 
     appropriated by this Act under the heading ``Economic Support 
     Fund'' shall be made available to nongovernmental 
     organizations to support activities which preserve cultural 
     traditions and promote sustainable development and 
     environmental conservation in Tibetan communities in the 
     Tibetan Autonomous Region and in other Tibetan communities in 
     China.
       (b) Burma.--
       (1) The Secretary of the Treasury shall instruct the United 
     States executive directors of the appropriate international 
     financial institutions to vote against any loan, agreement, 
     or other financial support for Burma.
       (2) Funds appropriated by this Act under the heading 
     ``Economic Support Fund'' may be made available for 
     assistance for Burma notwithstanding any other provision of 
     law, except no such funds shall be made available to the 
     State Peace and Development Council, or its successor, and 
     its affiliated organizations:  Provided, That such funds 
     shall be made available for programs along Burma's borders 
     and for Burmese groups and organizations located outside 
     Burma, and may be made available to support programs in 
     Burma:  Provided further, That in addition to assistance for 
     Burmese refugees appropriated under the heading ``Migration 
     and Refugee Assistance'' in this Act, funds shall be made 
     available for community-based organizations operating in 
     Thailand to provide food, medical, and other humanitarian 
     assistance to internally displaced persons in eastern Burma:  
     Provided further, That any new program or activity initiated 
     with funds made available by this Act shall be subject to 
     prior consultation

[[Page 20413]]

     with the Committees on Appropriations, and all such funds 
     shall be subject to the regular notification procedures of 
     the Committees on Appropriations.
       (c) Cambodia.--Funds made available in this Act for a 
     United States contribution to a Khmer Rouge tribunal may only 
     be made available if the Secretary of State certifies to the 
     Committees on Appropriations that the United Nations and the 
     Government of Cambodia are taking credible steps to address 
     allegations of corruption and mismanagement within the 
     tribunal.
       (d) Indonesia.--Of the funds appropriated by this Act under 
     the heading ``Foreign Military Financing Program'' that are 
     available for assistance for Indonesia, $2,000,000 may not be 
     obligated until the Secretary of State submits to the 
     Committees on Appropriations the report on Indonesia required 
     under such heading in Senate Report 112-85.
       (e) North Korea.--None of the funds made available by this 
     Act under the heading ``Economic Support Fund'' may be made 
     available for energy-related assistance for North Korea.
       (f) People's Republic of China.--
       (1) None of the funds appropriated under the heading 
     ``Diplomatic and Consular Programs'' in this Act may be 
     obligated or expended for processing licenses for the export 
     of satellites of United States origin (including commercial 
     satellites and satellite components) to the People's Republic 
     of China unless, at least 15 days in advance, the Committees 
     on Appropriations are notified of such proposed action.
       (2) The terms and requirements of section 620(h) of the 
     Foreign Assistance Act of 1961 shall apply to foreign 
     assistance projects or activities of the People's Liberation 
     Army (PLA) of the People's Republic of China, to include such 
     projects or activities by any entity that is owned or 
     controlled by, or an affiliate of, the PLA:  Provided, That 
     none of the funds appropriated or otherwise made available 
     pursuant to this Act may be used to finance any grant, 
     contract, or cooperative agreement with the PLA, or any 
     entity that the Secretary of State has reason to believe is 
     owned or controlled by, or an affiliate of, the PLA.
       (g) Philippines.--Of the funds appropriated by this Act 
     under the heading ``Foreign Military Financing Program'' that 
     are available for assistance for the Philippines, $3,000,000 
     may not be obligated until the Secretary of State submits to 
     the Committees on Appropriations the report on the 
     Philippines required under such heading in Senate Report 112-
     85.
       (h) Vietnam.--Funds appropriated under the heading 
     ``Economic Support Fund'' shall be made available for 
     remediation of dioxin contaminated sites in Vietnam and may 
     be made available for assistance for the Government of 
     Vietnam, including the military, for such purposes, and funds 
     under the heading ``Development Assistance'' shall be made 
     available for related health/disability activities.

                           western hemisphere

       Sec. 7045. (a) Colombia.--
       (1) Funds appropriated by this Act and made available to 
     the Department of State for assistance to the Government of 
     Colombia may be used to support a unified campaign against 
     narcotics trafficking, illegal armed groups, and 
     organizations designated as Foreign Terrorist Organizations 
     and successor organizations, and to take actions to protect 
     human health and welfare in emergency circumstances, 
     including undertaking rescue operations:  Provided, That no 
     United States Armed Forces personnel or United States 
     civilian contractor employed by the United States will 
     participate in any combat operation in connection with 
     assistance made available by this Act for Colombia:  Provided 
     further, That rotary and fixed wing aircraft supported with 
     funds appropriated under the heading ``International 
     Narcotics Control and Law Enforcement'' for assistance for 
     Colombia may be used for aerial or manual drug eradication 
     and interdiction including to transport personnel and 
     supplies and to provide security for such operations:  
     Provided further, That such aircraft may also be used to 
     provide transport in support of alternative development 
     programs and investigations by civilian judicial authorities: 
      Provided further, That the President shall ensure that if 
     any helicopter procured with funds in this Act or prior Acts 
     making appropriations for the Department of State, foreign 
     operations, and related programs, is used to aid or abet the 
     operations of any illegal self-defense group, paramilitary 
     organization, or other illegal armed group in Colombia, such 
     helicopter shall be immediately returned to the United 
     States:  Provided further, That none of the funds 
     appropriated by this Act or prior Acts making appropriations 
     for the Department of State, foreign operations, and related 
     programs may be made available for assistance for the 
     Colombian Departamento Administrativo de Seguridad or 
     successor organizations:  Provided further, That none of the 
     funds appropriated by this Act for assistance for Colombia 
     shall be made available for the cultivation or processing of 
     African oil palm, if doing so would contribute to significant 
     loss of native species, disrupt or contaminate natural water 
     sources, reduce local food security, or cause the forced 
     displacement of local people:  Provided further, That any 
     complaints of harm to health or licit crops caused by aerial 
     eradication shall be thoroughly investigated and evaluated, 
     and fair compensation paid in a timely manner for meritorious 
     claims:  Provided further, That funds may not be made 
     available for aerial eradication unless programs are being 
     implemented by the United States Agency for International 
     Development, the Government of Colombia, or other 
     organizations, in consultation and coordination with local 
     communities, to provide alternative sources of income in 
     areas where security permits for small-acreage growers and 
     communities whose illicit crops are targeted for aerial 
     eradication:  Provided further, That funds appropriated by 
     this Act may not be used for aerial eradication in Colombia's 
     national parks or reserves unless the Secretary of State 
     certifies to the Committees on Appropriations that there are 
     no effective alternatives and the eradication is in 
     accordance with Colombian laws.
       (2) Colombian armed forces.--Of the funds appropriated by 
     this Act that are available for assistance for the Colombian 
     Armed Forces, 25 percent may be obligated only after the 
     Secretary of State consults with, and subsequently certifies 
     and submits a report to, the Committees on Appropriations 
     that the Government of Colombia and Colombian Armed Forces 
     are meeting the conditions that appear under this Section in 
     the joint explanatory statement accompanying this Act:  
     Provided, That the requirement to withhold funds from 
     obligation shall not apply with respect to funds made 
     available under the heading ``International Narcotics Control 
     and Law Enforcement'' in this Act for continued support for 
     the Critical Flight Safety Program or for any alternative 
     development programs in Colombia administered by the Bureau 
     of International Narcotics and Law Enforcement Affairs of the 
     Department of State:  Provided further, That not less than 30 
     days prior to making the certification the Secretary of State 
     shall consult with Colombian and international human rights 
     organizations.
       (3) Illegal armed groups.--
       (A) Denial of visas.--Subject to paragraph (B), the 
     Secretary of State shall not issue a visa to any alien who 
     the Secretary determines, based on credible information--
       (i) has willfully provided any support to or benefitted 
     from the Revolutionary Armed Forces of Colombia (FARC), the 
     National Liberation Army (ELN), the United Self-Defense 
     Forces of Colombia (AUC), or other illegal armed groups, 
     including taking actions or failing to take actions which 
     allow, facilitate, or otherwise foster the activities of such 
     groups; or
       (ii) has committed, ordered, incited, assisted, or 
     otherwise participated in the commission of a violation of 
     human rights in Colombia.
       (B) Waiver.--Paragraph (A) shall not apply if the Secretary 
     of State certifies to the Committees on Appropriations, on a 
     case-by-case basis, that the issuance of a visa to the alien 
     is necessary to support the peace process in Colombia or for 
     urgent humanitarian reasons.
       (b) Guatemala.--Funds appropriated by this Act under the 
     headings ``International Military Education and Training'' 
     (IMET) and ``Foreign Military Financing Program'' that are 
     available for assistance for Guatemala may be made available 
     only for the Guatemalan Air Force, Navy, and Army Corps of 
     Engineers:  Provided, That expanded IMET may be made 
     available for assistance for the Guatemalan Army.
       (c) Haiti.--The Government of Haiti shall be eligible to 
     purchase defense articles and services under the Arms Export 
     Control Act (22 U.S.C. 2751 et seq.) for the Coast Guard.
       (d) Honduras.--Prior to the obligation of 20 percent of the 
     funds appropriated by this Act that are available for 
     assistance for Honduran military and police forces, the 
     Secretary of State shall report in writing to the Committees 
     on Appropriations that: the Government of Honduras is 
     implementing policies to protect freedom of expression and 
     association, and due process of law; and is investigating and 
     prosecuting in the civilian justice system, in accordance 
     with Honduran and international law, military and police 
     personnel who are credibly alleged to have violated human 
     rights, and the Honduran military and police are cooperating 
     with civilian judicial authorities in such cases:  Provided, 
     That the restriction in this subsection shall not apply to 
     assistance to promote transparency, anti-corruption and the 
     rule of law within the military and police forces.
       (e) Mexico.--Prior to the obligation of 15 percent of the 
     funds appropriated by this Act that are available for 
     assistance for Mexican military and police forces, the 
     Secretary of State shall report in writing to the Committees 
     on Appropriations that: the Government of Mexico is 
     investigating and prosecuting in the civilian justice system, 
     in accordance with Mexican and international law, military 
     and police personnel who are credibly alleged to have 
     violated human rights; is enforcing prohibitions on the use 
     of testimony obtained through torture; and the Mexican 
     military and police are cooperating with civilian judicial 
     authorities in such cases:  Provided, That the restriction in 
     this subsection shall not apply to assistance to promote 
     transparency, anti-corruption and the rule of law within the 
     military and police forces.
       (f) Trade Capacity.--Of the funds appropriated by this Act, 
     not less than $10,000,000 under the heading ``Development 
     Assistance'' and not less than $10,000,000 under the heading 
     ``Economic Support Fund'' shall be made available for labor 
     and environmental capacity building activities relating to 
     free trade agreements with countries of Central America, Peru 
     and the Dominican Republic.
       (g) Aircraft Operations and Maintenance.--To the maximum 
     extent practicable, the costs of operations and maintenance, 
     including fuel, of aircraft funded by this Act should be 
     borne by the recipient country.

                               south asia

       Sec. 7046. (a) Afghanistan.--
       (1) Limitation.--None of the funds appropriated or 
     otherwise made available by this Act under the headings 
     ``Economic Support Fund''

[[Page 20414]]

     and ``International Narcotics Control and Law Enforcement'' 
     may be obligated for assistance for the Government of 
     Afghanistan until the Secretary of State, in consultation 
     with the Administrator of the United States Agency for 
     International Development (USAID), certifies to the 
     Committees on Appropriations that--
       (A) The funds will be used to design and support programs 
     in accordance with the June 2011 ``Administrator's 
     Sustainability Guidance for USAID in Afghanistan''.
       (B) The Government of Afghanistan is--
       (i) reducing corruption and improving governance, including 
     by investigating, prosecuting, sanctioning or removing 
     corrupt officials from office and implementing financial 
     transparency and accountability measures for government 
     institutions and officials (including the Central Bank) as 
     well as conducting oversight of public resources;
       (ii) taking credible steps to protect the human rights of 
     Afghan women; and
       (iii) taking significant steps to facilitate active public 
     participation in governance and oversight.
       (C) Funds will be used to support and strengthen the 
     capacity of Afghan public and private institutions and 
     entities to reduce corruption and to improve transparency and 
     accountability of national, provincial and local governments.
       (D) Representatives of Afghan national, provincial or local 
     governments, and local communities and civil society 
     organizations, including women-led organizations, will be 
     consulted and participate in the design of programs, 
     projects, and activities, including participation in 
     implementation and oversight, and the development of specific 
     benchmarks to measure progress and outcomes.
       (2) Assistance and operations.--
       (A) Funds appropriated or otherwise made available by this 
     Act for assistance for Afghanistan may be made available as a 
     United States contribution to the Afghanistan Reconstruction 
     Trust Fund (ARTF) unless the Secretary of State determines 
     and reports to the Committees on Appropriations that the 
     World Bank Monitoring Agent of the ARTF is unable to conduct 
     its financial control and audit responsibilities due to 
     restrictions on security personnel by the Government of 
     Afghanistan.
       (B) Funds appropriated under the headings ``Economic 
     Support Fund'' and ``International Narcotics Control and Law 
     Enforcement'' in this Act that are available for assistance 
     for Afghanistan--
       (i) shall be made available, to the maximum extent 
     practicable, in a manner that emphasizes the participation of 
     Afghan women, and directly improves the security, economic 
     and social well-being, and political status, and protects the 
     rights of, Afghan women and girls and complies with sections 
     7060 and 7061 of this Act, including support for the Afghan 
     Independent Human Rights Commission, the Afghan Ministry of 
     Women's Affairs, and women-led organizations;
       (ii) may be made available for a United States contribution 
     to an internationally managed fund to support the 
     reconciliation with and disarmament, demobilization and 
     reintegration into Afghan society of former combatants who 
     have renounced violence against the Government of 
     Afghanistan:  Provided, That funds may be made available to 
     support reconciliation and reintegration activities only if:

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

       (iii) may be made available for a United States 
     contribution to the North Atlantic Treaty Organization/
     International Security Assistance Force Post-Operations 
     Humanitarian Relief Fund.
       (C) The authority contained in section 1102(c) of Public 
     Law 111-32 shall continue in effect during fiscal year 2012 
     and shall apply as if part of this Act.
       (D)(i) Of the funds appropriated by this Act that are made 
     available for assistance for Afghanistan, not less than 
     $50,000,000 shall be made available for rule of law programs: 
      Provided, That decisions on the uses of such funds shall be 
     the responsibility of the Coordinator for Rule of Law, in 
     consultation with the Interagency Planning and Implementation 
     Team, at the United States Embassy in Kabul, Afghanistan:  
     Provided further, That $250,000 of such funds shall be 
     transferred to, and merged with, funds appropriated under the 
     heading ``Office of Inspector General'' in title I of this 
     Act for oversight of such programs and activities.
       (ii) The Coordinator for Rule of Law at the United States 
     Embassy in Kabul, Afghanistan shall be consulted on the use 
     of all funds appropriated by this Act for rule of law 
     programs in Afghanistan.
       (E) None of the funds made available by this Act may be 
     used by the United States Government to enter into a 
     permanent basing rights agreement between the United States 
     and Afghanistan.
       (F) Any significant modification to the scope, objectives 
     or implementation mechanisms of United States assistance 
     programs in Afghanistan shall be subject to prior 
     consultation with, and the regular notification procedures 
     of, the Committees on Appropriations, except that the prior 
     consultation requirement may be waived in a manner consistent 
     with section 7015(e) of this Act.
       (G) Not later than 90 days after enactment of this Act, the 
     Secretary of State shall report to the Committees on 
     Appropriations on the International Monetary Fund (IMF) 
     country program for Afghanistan including actions requested 
     by the IMF and taken by the Government of Afghanistan to 
     address the Kabul Bank crisis and restore confidence in 
     Afghanistan's banking sector.
       (H) Funds appropriated under titles III through VI of this 
     Act that are made available for assistance for Afghanistan 
     may be made available notwithstanding section 7012 of this 
     Act or any similar provision of law and section 660 of the 
     Foreign Assistance Act of 1961.
       (3) Oversight.--The Special Inspector General for 
     Afghanistan Reconstruction, the Inspector General of the 
     Department of State and the Inspector General of USAID, shall 
     jointly develop and submit to the Committees on 
     Appropriations within 45 days of enactment of this Act a 
     coordinated audit and inspection plan of United States 
     assistance for, and civilian operations in, Afghanistan.
       (b) Nepal.--
       (1) Funds appropriated by this Act under the heading 
     ``Foreign Military Financing Program'' may be made available 
     for assistance for Nepal only if the Secretary of State 
     certifies to the Committees on Appropriations that the Nepal 
     Army is--
       (A) cooperating fully with investigations and prosecutions 
     of violations of human rights by civilian judicial 
     authorities; and
       (B) working constructively to redefine the Nepal Army's 
     mission and adjust its size accordingly, implement reforms 
     including strengthening the capacity of the civilian ministry 
     of defense to improve budget transparency and accountability, 
     and facilitate the integration of former rebel combatants 
     into the security forces including the Nepal Army, consistent 
     with the goals of reconciliation, peace and stability.
       (2) The conditions in paragraph (1) shall not apply to 
     assistance for humanitarian relief and reconstruction 
     activities in Nepal.
       (c) Pakistan.--
       (1) Certification.--
       (A) None of the funds appropriated or otherwise made 
     available by this Act under the headings ``Economic Support 
     Fund'', ``International Narcotics Control and Law 
     Enforcement'', ``Foreign Military Financing Program'', and 
     ``Pakistan Counterinsurgency Capability Fund'' for assistance 
     for the Government of Pakistan may be made available unless 
     the Secretary of State certifies to the Committees on 
     Appropriations that the Government of Pakistan is--
       (i) cooperating with the United States in counterterrorism 
     efforts against the Haqqani Network, the Quetta Shura 
     Taliban, Lashkar e-Tayyiba, Jaish-e-Mohammed, Al Qaeda and 
     other domestic and foreign terrorist organizations, including 
     taking steps to end support for such groups and prevent them 
     from basing and operating in Pakistan and carrying out cross 
     border attacks into neighboring countries;
       (ii) not supporting terrorist activities against United 
     States or coalition forces in Afghanistan, and Pakistan's 
     military and intelligence agencies are not intervening extra-
     judicially into political and judicial processes in Pakistan;
       (iii) dismantling improvised explosive device (IED) 
     networks and interdicting precursor chemicals used in the 
     manufacture of IEDs;
       (iv) preventing the proliferation of nuclear-related 
     material and expertise;
       (v) issuing visas in a timely manner for United States 
     visitors engaged in counterterrorism efforts and assistance 
     programs in Pakistan; and
       (vi) providing humanitarian organizations access to 
     detainees, internally displaced persons, and other Pakistani 
     civilians affected by the conflict.
       (B) The Secretary of State may waive the requirements of 
     paragraph (A) if to do so is in the national security 
     interests of the United States.
       (2) Assistance.--
       (A) Funds appropriated by this Act under the heading 
     ``Foreign Military Financing Program'' for assistance for 
     Pakistan may be made available only to support 
     counterterrorism and counterinsurgency capabilities in 
     Pakistan, and are subject to section 620M of the Foreign 
     Assistance Act of 1961, as amended by this Act.
       (B) Funds appropriated by this Act under the heading 
     ``Economic Support Fund'' for assistance for Pakistan should 
     be made available to interdict precursor materials from 
     Pakistan to Afghanistan that are used to manufacture 
     improvised explosive devices, including calcium ammonium 
     nitrate; to support programs to train border and customs 
     officials in Pakistan and Afghanistan; and for agricultural 
     extension programs that encourage alternative fertilizer use 
     among Pakistani farmers.
       (C) Of the funds appropriated by this Act under the heading 
     ``Economic Support Fund'' for assistance for Pakistan, 
     $10,000,000 shall be made available through the Bureau of 
     Democracy, Human Rights and Labor, Department of State, for 
     human rights and democracy programs in Pakistan, including 
     training of government officials and security forces, and 
     assistance for human rights organizations and the development 
     of democratic political parties.
       (D) Funds appropriated by this Act under the heading 
     ``Economic Support Fund'' for assistance for Pakistan may be 
     made available for the Chief of Mission Fund, as authorized 
     by section 101(c)(5) of Public Law 111-73.
       (E) Funds appropriated by this Act under the heading 
     ``Economic Support Fund'' that are

[[Page 20415]]

     made available for assistance for infrastructure projects in 
     Pakistan shall be implemented in a manner consistent with 
     section 507(6) of the Trade Act of 1974 (19 U.S.C. 2467(6)).
       (F) Funds appropriated by this Act under titles III and VI 
     for assistance for Pakistan may be made available 
     notwithstanding any other provision of law, except for this 
     subsection and section 620M of the Foreign Assistance Act of 
     1961, as amended by this Act.
       (3) Reports.--
       (A)(i) The spend plan required by section 7078 of this Act 
     for assistance for Pakistan shall include achievable and 
     sustainable goals, benchmarks for measuring progress, and 
     expected results regarding furthering development in 
     Pakistan, countering extremism, and establishing conditions 
     conducive to the rule of law and transparent and accountable 
     governance:  Provided, That such benchmarks may incorporate 
     those required in title III of Public Law 111-73, as 
     appropriate:  Provided further, That not later than 6 months 
     after submission of such spend plan, and each 6 months 
     thereafter until September 30, 2013, the Secretary of State 
     shall submit a report to the Committees on Appropriations on 
     the status of achieving the goals and benchmarks in the spend 
     plan.
       (ii) The Secretary of State should suspend assistance for 
     the Government of Pakistan if any report required by 
     paragraph (A)(i) indicates that Pakistan is failing to make 
     measurable progress in meeting these goals or benchmarks.
       (B) Not later than 90 days after enactment of this Act, the 
     Secretary of State shall submit a report to the Committees on 
     Appropriations detailing the costs and objectives associated 
     with significant infrastructure projects supported by the 
     United States in Pakistan, and an assessment of the extent to 
     which such projects achieve such objectives.
       (d) Sri Lanka.--
       (1) None of the funds appropriated by this Act under the 
     heading ``Foreign Military Financing Program'' may be made 
     available for assistance for Sri Lanka, no defense export 
     license may be issued, and no military equipment or 
     technology shall be sold or transferred to Sri Lanka pursuant 
     to the authorities contained in this Act or any other Act, 
     unless the Secretary of State certifies to the Committees on 
     Appropriations that the Government of Sri Lanka is--
       (A) conducting credible, thorough investigations of alleged 
     war crimes and violations of international humanitarian law 
     by government forces and the Liberation Tigers of Tamil 
     Eelam;
       (B) bringing to justice individuals who have been credibly 
     alleged to have committed such violations;
       (C) supporting and cooperating with any United Nations 
     investigation of alleged war crimes and violations of 
     international humanitarian law;
       (D) respecting due process, the rights of journalists, and 
     the rights of citizens to peaceful expression and 
     association, including ending arrest and detention under 
     emergency regulations;
       (E) providing access to detainees by humanitarian 
     organizations; and
       (F) implementing policies to promote reconciliation and 
     justice including devolution of power.
       (2) Paragraph (1) shall not apply to assistance for 
     humanitarian demining and aerial and maritime surveillance.
       (3) If the Secretary makes the certification required in 
     paragraph (1), funds appropriated under the heading ``Foreign 
     Military Financing Program'' that are made available for 
     assistance for Sri Lanka should be used to support the 
     recruitment and training of Tamils into the Sri Lankan 
     military, Tamil language training for Sinhalese military 
     personnel, and human rights training for all military 
     personnel.
       (4) The Secretary of the Treasury shall instruct the United 
     States executive directors of the international financial 
     institutions to vote against any loan, agreement, or other 
     financial support for Sri Lanka except to meet basic human 
     needs, unless the Secretary of State certifies to the 
     Committees on Appropriations that the Government of Sri Lanka 
     is meeting the requirements in paragraph (1)(D), (E), and (F) 
     of this subsection.
       (e) Regional Cross Border Programs.--Funds appropriated by 
     this Act under the heading ``Economic Support Fund'' for 
     assistance for Afghanistan and Pakistan may be provided 
     notwithstanding any other provision of law that restricts 
     assistance to foreign countries for cross border 
     stabilization and development programs between Afghanistan 
     and Pakistan or between either country and the Central Asian 
     republics.

           prohibition of payments to united nations members

       Sec. 7047.  None of the funds appropriated or made 
     available pursuant to titles III through VI of this Act for 
     carrying out the Foreign Assistance Act of 1961, may be used 
     to pay in whole or in part any assessments, arrearages, or 
     dues of any member of the United Nations or, from funds 
     appropriated by this Act to carry out chapter 1 of part I of 
     the Foreign Assistance Act of 1961, the costs for 
     participation of another country's delegation at 
     international conferences held under the auspices of 
     multilateral or international organizations.

                     war crimes tribunals drawdown

       Sec. 7048.  If the President determines that doing so will 
     contribute to a just resolution of charges regarding genocide 
     or other violations of international humanitarian law, the 
     President may direct a drawdown pursuant to section 552(c) of 
     the Foreign Assistance Act of 1961 of up to $30,000,000 of 
     commodities and services for the United Nations War Crimes 
     Tribunal established with regard to the former Yugoslavia by 
     the United Nations Security Council or such other tribunals 
     or commissions as the Council may establish or authorize to 
     deal with such violations, without regard to the ceiling 
     limitation contained in paragraph (2) thereof:  Provided, 
     That the determination required under this section shall be 
     in lieu of any determinations otherwise required under 
     section 552(c):  Provided further, That funds made available 
     pursuant to this section shall be made available subject to 
     the regular notification procedures of the Committees on 
     Appropriations.

                             united nations

       Sec. 7049. (a) Transparency and Accountability.--
       (1) Of the funds appropriated under title I and under the 
     heading ``International Organizations and Programs'' in title 
     V of this Act that are available for contributions to any 
     United Nations agency or to the Organization of American 
     States, 15 percent shall be withheld from obligation for such 
     agency or organization if the Secretary of State determines 
     and reports to the Committees on Appropriations that the 
     agency or organization is not taking steps to--
       (A) publish on a publicly available Web site, consistent 
     with privacy regulations and due process, regular financial 
     and programmatic audits of the agency or organization, and 
     provide the United States Government with necessary access to 
     such financial and performance audits; and
       (B) implement best practices for the protection of 
     whistleblowers from retaliation, including best practices for 
     legal burdens of proof, access to independent adjudicative 
     bodies, results that eliminate the effects of retaliation, 
     and statutes of limitation for reporting retaliation.
       (2) The Secretary may waive the restriction in this 
     subsection if the Secretary determines and reports that to do 
     so is in the national interest of the United States.
       (b) Restrictions on United Nations Delegations and 
     Organizations.--
       (1) None of the funds made available under title I of this 
     Act may be used to pay expenses for any United States 
     delegation to any specialized agency, body, or commission of 
     the United Nations if such commission is chaired or presided 
     over by a country, the government of which the Secretary of 
     State has determined, for purposes of section 6(j)(1) of the 
     Export Administration Act of 1979 (50 U.S.C. App. 
     2405(j)(1)), supports international terrorism.
       (2) None of the funds made available under title I of this 
     Act may be used by the Secretary of State as a contribution 
     to any organization, agency, or program within the United 
     Nations system if such organization, agency, commission, or 
     program is chaired or presided over by a country, the 
     government of which the Secretary of State has determined, 
     for purposes of section 620A of the Foreign Assistance Act of 
     1961, section 40 of the Arms Export Control Act, section 
     6(j)(1) of the Export Administration Act of 1979, or any 
     other provision of law, is a government that has repeatedly 
     provided support for acts of international terrorism.
       (3) The Secretary of State may waive the restrictions in 
     this subsection if the Secretary determines and reports to 
     the Committees on Appropriations that to do so is in the 
     national interest of the United States.
       (c) United Nations Human Rights Council.--Funds 
     appropriated by this Act may be made available for voluntary 
     contributions or payment of United States assessments in 
     support of the United Nations Human Rights Council if the 
     Secretary of State determines and reports to the Committees 
     on Appropriations that participation in the Council is in the 
     national interest of the United States:  Provided, That the 
     Secretary of State shall report to the Committees on 
     Appropriations not later than 30 days after the date of 
     enactment of this Act, and every 180 days thereafter until 
     September 30, 2012, on the resolutions considered in the 
     United Nations Human Rights Council.
       (d) United Nations Relief and Works Agency.--The reporting 
     requirements regarding the United Nations Relief and Works 
     Agency contained in the joint explanatory statement 
     accompanying the Supplemental Appropriations Act, 2009 
     (Public Law 111-32, House Report 111-151) under the heading 
     ``Migration and Refugee Assistance'' in title XI shall apply 
     to funds made available by this Act under such heading.
       (e) United Nations Capital Master Plan.--None of the funds 
     made available in this Act for the United Nations Capital 
     Master Plan may be used for the design, renovation, or 
     construction of the United Nations Headquarters in New York 
     in excess of the United States payment for the assessment 
     agreed upon pursuant to paragraph 10 of United Nations 
     General Assembly Resolution 61/251.
       (f) Reporting Requirement.--Not later than 30 days after 
     enactment of this Act, the Secretary of State shall submit a 
     report to the Committees on Appropriation detailing the 
     amount of funds available for obligation or expenditure in 
     fiscal year 2012 under the headings ``Contributions to 
     International Organizations'' and ``International 
     Organizations and Programs'' that are withheld from 
     obligation or expenditure due to any provision of law:  
     Provided, That the Secretary of State shall update such 
     report each time additional funds are withheld by operation 
     of any provision of law:  Provided further, That the 
     reprogramming of any withheld funds identified in such 
     report, including updates thereof, shall be subject to prior 
     consultation with, and the regular notification procedures 
     of, the Committees on Appropriations.

                   community-based police assistance

       Sec. 7050. (a) Authority.--Funds made available by titles 
     III and IV of this Act to carry out

[[Page 20416]]

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

                attendance at international conferences

       Sec. 7051.  None of the funds made available in this Act 
     may be used to send or otherwise pay for the attendance of 
     more than 50 employees of agencies or departments of the 
     United States Government who are stationed in the United 
     States, at any single international conference occurring 
     outside the United States, unless the Secretary of State 
     reports to the Committees on Appropriations at least 5 days 
     in advance that such attendance is important to the national 
     interest:  Provided, That for purposes of this section the 
     term ``international conference'' shall mean a conference 
     attended by representatives of the United States Government 
     and of foreign governments, international organizations, or 
     nongovernmental organizations.

                   aircraft transfer and coordination

       Sec. 7052. (a) Transfer Authority.--Notwithstanding any 
     other provision of law or regulation, aircraft procured with 
     funds appropriated by this Act and prior Acts making 
     appropriations for the Department of State, foreign 
     operations, and related programs under the headings 
     ``Diplomatic and Consular Programs'', ``International 
     Narcotics Control and Law Enforcement'', ``Andean Counterdrug 
     Initiative'' and ``Andean Counterdrug Programs'' may be used 
     for any other program and in any region, including for the 
     transportation of active and standby Civilian Response Corps 
     personnel and equipment during a deployment:  Provided, That 
     the responsibility for policy decisions and justification for 
     the use of such transfer authority shall be the 
     responsibility of the Secretary of State and the Deputy 
     Secretary of State and this responsibility shall not be 
     delegated.
       (b) Property Disposal.--The authority provided in 
     subsection (a) shall apply only after the Secretary of State 
     determines and reports to the Committees on Appropriations 
     that the equipment is no longer required to meet programmatic 
     purposes in the designated country or region:  Provided, That 
     any such transfer shall be subject to prior consultation 
     with, and the regular notification procedures of, the 
     Committees on Appropriations.
       (c) Aircraft Coordination.--
       (1) The uses of aircraft purchased or leased by the 
     Department of State and the United States Agency for 
     International Development (USAID) with funds made available 
     in this Act or prior Acts making appropriations for the 
     Department of State, foreign operations, and related programs 
     shall be coordinated under the authority of the appropriate 
     Chief of Mission:  Provided, That such aircraft may be used 
     to transport, on a reimbursable or non-reimbursable basis, 
     Federal and non-Federal personnel supporting Department of 
     State and USAID programs and activities:  Provided further, 
     That official travel for other agencies for other purposes 
     may be supported on a reimbursable basis, or without 
     reimbursement when traveling on a space available basis.
       (2) The requirement and authorities of this subsection 
     shall only apply to aircraft, the primary purpose of which is 
     the transportation of personnel.

   parking fines and real property taxes owed by foreign governments

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

                    landmines and cluster munitions

       Sec. 7054. (a) Landmines.--Notwithstanding any other 
     provision of law, demining equipment available to the United 
     States Agency for International Development and the 
     Department of State and used in support of the clearance of 
     landmines and unexploded ordnance for humanitarian purposes 
     may be disposed of on a grant basis in foreign countries, 
     subject to such terms and conditions as the Secretary of 
     State may prescribe.
       (b) Cluster Munitions.--No military assistance shall be 
     furnished for cluster munitions, no defense export license 
     for cluster munitions may be issued, and no cluster munitions 
     or cluster munitions technology shall be sold or transferred, 
     unless--
       (1) the submunitions of the cluster munitions, after 
     arming, do not result in more than 1 percent unexploded 
     ordnance across the range of intended operational 
     environments; and
       (2) the agreement applicable to the assistance, transfer, 
     or sale of such cluster munitions or cluster munitions 
     technology specifies that the cluster munitions will only be 
     used against clearly defined military targets and will not be 
     used where civilians are known to be present or in areas 
     normally inhabited by civilians.

                 prohibition on publicity or propaganda

       Sec. 7055.  No part of any appropriation contained in this 
     Act shall be used for publicity or propaganda purposes within 
     the United States not authorized before the date of the 
     enactment of this Act by the Congress:  Provided, That not to 
     exceed $25,000 may be made available to carry out the 
     provisions of section 316 of Public Law 96-533.

                    limitation on residence expenses

       Sec. 7056.  Of the funds appropriated or made available 
     pursuant to title II of this Act, not to exceed $100,500 
     shall be for official residence expenses of the United States 
     Agency for International Development during the current 
     fiscal year:  Provided, That appropriate steps shall be taken 
     to assure that, to the maximum extent possible, United 
     States-owned foreign currencies are utilized in lieu of 
     dollars.

     united states agency for international development management

                     (including transfer of funds)

       Sec. 7057. (a) Authority.--Up to $93,000,000 of the funds 
     made available in title III of this Act to carry out the 
     provisions of part I of the Foreign Assistance Act of 1961, 
     including funds appropriated under the heading ``Assistance 
     for Europe, Eurasia and Central Asia'', may be used by the 
     United States Agency for International Development (USAID) to 
     hire and employ individuals in the United States and overseas 
     on a limited appointment basis pursuant to the authority of 
     sections 308 and 309 of the Foreign Service Act of 1980.
       (b) Restrictions.--
       (1) The number of individuals hired in any fiscal year 
     pursuant to the authority contained in subsection (a) may not 
     exceed 175.
       (2) The authority to hire individuals contained in 
     subsection (a) shall expire on September 30, 2013.
       (c) Conditions.--The authority of subsection (a) should 
     only be used to the extent that an equivalent number of 
     positions that are filled by personal services contractors or 
     other non-direct hire employees of USAID, who are compensated 
     with funds appropriated to carry out part I of the Foreign 
     Assistance Act of 1961, including funds appropriated under 
     the heading ``Assistance for Europe, Eurasia and Central 
     Asia'', are eliminated.
       (d) Program Account Charged.--The account charged for the 
     cost of an individual hired and employed under the authority 
     of this section shall be the account to which such 
     individual's responsibilities primarily relate:  Provided, 
     That funds made available to carry out this section may be 
     transferred to, and merged with, funds appropriated by this 
     Act in title II under the heading ``Operating Expenses''.
       (e) Foreign Service Limited Extensions.--Individuals hired 
     and employed by USAID, with funds made available in this Act 
     or prior Acts making appropriations for the Department of 
     State, foreign operations, and related programs, pursuant to 
     the authority of section 309 of the Foreign Service Act of 
     1980, may be extended for a period of up to 4 years 
     notwithstanding the limitation set forth in such section.
       (f) Disaster Surge Capacity.--Funds appropriated under 
     title III of this Act to carry out part I of the Foreign 
     Assistance Act of 1961, including funds appropriated under 
     the heading ``Assistance for Europe, Eurasia and Central 
     Asia'', may be used, in addition to funds otherwise available 
     for such purposes, for the cost (including the support costs) 
     of individuals detailed to or employed by USAID whose primary 
     responsibility is to carry out programs in response to 
     natural disasters, or man-made disasters subject to the 
     regular notification procedures of the Committees on 
     Appropriations.
       (g) Personal Services Contractors.--Funds appropriated by 
     this Act to carry out chapter 1 of part I, chapter 4 of part 
     II, and section 667 of the Foreign Assistance Act of 1961, 
     and title II of the Agricultural Trade Development and 
     Assistance Act of 1954, may be used by USAID to employ up to 
     40 personal services contractors in the United States, 
     notwithstanding any other provision of law, for the purpose 
     of providing direct, interim support for new or expanded 
     overseas programs and activities managed by the agency until 
     permanent direct hire personnel are hired and trained:  
     Provided, That not more than 15 of such contractors shall be 
     assigned to any bureau or office:  Provided further, That 
     such funds appropriated to carry out title II of the 
     Agricultural Trade Development and Assistance Act of 1954, 
     may be made available only for personal services contractors 
     assigned to the Office of Food for Peace.
       (h) Small Business.--In entering into multiple award 
     indefinite-quantity contracts with funds appropriated by this 
     Act, USAID may provide an exception to the fair opportunity 
     process for placing task orders under such contracts when the 
     order is placed with any category of small or small 
     disadvantaged business.
       (i) Senior Foreign Service Limited Appointments.--
     Individuals hired pursuant to the authority provided by 
     section 7059(o) of division F of Public Law 111-117 may be 
     assigned to or support programs in Iraq, Afghanistan, or 
     Pakistan with funds made available in this Act and prior Acts 
     making appropriations for the Department of State, foreign 
     operations, and related programs.

                        global health activities

       Sec. 7058. (a) In General.--Funds appropriated by titles 
     III and IV of this Act that are made available for bilateral 
     assistance for child survival activities or disease programs 
     including activities relating to research on, and the 
     prevention, treatment and control of, HIV/AIDS may be made 
     available notwithstanding any other provision of law except 
     for provisions

[[Page 20417]]

     under the heading ``Global Health Programs'' and the United 
     States Leadership Against HIV/AIDS, Tuberculosis, and Malaria 
     Act of 2003 (117 Stat. 711; 22 U.S.C. 7601 et seq.), as 
     amended:  Provided, That of the funds appropriated under 
     title III of this Act, not less than $575,000,000 should be 
     made available for family planning/reproductive health, 
     including in areas where population growth threatens 
     biodiversity or endangered species.
       (b) Global Health Management.--
       (1) Not later than 180 days after enactment of this Act, 
     the Secretary of State, in consultation with the 
     Administrator of the United States Agency for International 
     Development (USAID), shall submit to the Committees on 
     Appropriations an analysis of short and long-term costs, to 
     include potential cost savings or increases, associated with 
     transitioning the function, role, and duties of the Office of 
     the United States Global AIDS Coordinator into USAID:  
     Provided, That such report shall also assess any programmatic 
     advantages and disadvantages, including the ability to 
     achieve results, of making such a transition.
       (2)(A) Not later than 45 days after enactment of this Act, 
     the Secretary of State, in consultation with the 
     Administrator of the United States Agency for International 
     Development (USAID), shall submit to the Committees on 
     Appropriations a report on the status of the Quadrennial 
     Diplomacy and Development Review (QDDR) decision to 
     transition the leadership of the Global Health Initiative 
     (GHI) to USAID, to include the following--
       (i) the metrics developed to measure progress in meeting 
     each benchmark enumerated in Appendix 2 of the QDDR and the 
     method utilized to develop such metrics; and
       (ii) the status of, and estimated completion date for, 
     meeting each benchmark.
       (B) Within 90 days of submitting the initial report 
     required by subparagraph (A), and each 90 days thereafter 
     until the GHI transition is completed, an update shall be 
     provided to the Committees on Appropriations on the status of 
     meeting each benchmark:  Provided, That if as part of any 
     such update it is determined that the QDDR target date of 
     September 2012 will not be met, the Secretary of State, in 
     consultation with the USAID Administrator, shall submit a 
     detailed explanation of the delay and a revised target date 
     for the transition to be completed.
       (c) Global Fund Reforms.--
       (1) Of funds appropriated by this Act that are available 
     for a contribution to the Global Fund to Fight AIDS, 
     Tuberculosis and Malaria (Global Fund), 10 percent should be 
     withheld from obligation until the Secretary of State 
     determines and reports to the Committees on Appropriations 
     that--
       (A) the Global Fund is maintaining and implementing a 
     policy of transparency, including the authority of the Global 
     Fund Office of the Inspector General (OIG) to publish OIG 
     reports on a public Web site;
       (B) the Global Fund is providing sufficient resources to 
     maintain an independent OIG that--
       (i) reports directly to the Board of the Global Fund;
       (ii) maintains a mandate to conduct thorough investigations 
     and programmatic audits, free from undue interference; and
       (iii) compiles regular, publicly published audits and 
     investigations of financial, programmatic, and reporting 
     aspects of the Global Fund, its grantees, recipients, sub-
     recipients, and Local Fund Agents; and
       (C) the Global Fund maintains an effective whistleblower 
     policy to protect whistleblowers from retaliation, including 
     confidential procedures for reporting possible misconduct or 
     irregularities.
       (2) The withholding required by this subsection shall not 
     be in addition to funds that are withheld from the Global 
     Fund in fiscal year 2012 pursuant to the application of any 
     other provision contained in this or any other Act.
       (d) Pandemic Response.--If the President determines and 
     reports to the Committees on Appropriations that a pandemic 
     virus is efficient and sustained, severe, and is spreading 
     internationally, funds made available under titles III, IV, 
     and VIII in this Act and prior Acts making appropriations for 
     the Department of State, foreign operations, and related 
     programs may be made available to combat such virus:  
     Provided, That funds made available pursuant to the authority 
     of this subsection shall be subject to prior consultation 
     with, and the regular notification procedures of, the 
     Committees on Appropriations.

                  prohibition on promotion of tobacco

       Sec. 7059.  None of the funds provided by this Act shall be 
     available to promote the sale or export of tobacco or tobacco 
     products, or to seek the reduction or removal by any foreign 
     country of restrictions on the marketing of tobacco or 
     tobacco products, except for restrictions which are not 
     applied equally to all tobacco or tobacco products of the 
     same type.

                  programs to promote gender equality

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

                         gender-based violence

       Sec. 7061. (a) Funds appropriated under the headings 
     ``Global Health Programs'', ``Development Assistance'', 
     ``Economic Support Fund'', and ``International Narcotics 
     Control and Law Enforcement'' in this Act shall be made 
     available for gender-based violence prevention and response 
     efforts, and funds appropriated under the headings 
     ``International Disaster Assistance'', ``Complex Crises 
     Fund'', and ``Migration and Refugee Assistance'' should be 
     made available for such efforts.
       (b) Programs and activities funded under titles III and IV 
     of this Act to train foreign police, judicial, and military 
     personnel, including for international peacekeeping 
     operations, shall address, where appropriate, prevention and 
     response to gender-based violence and trafficking in persons.

                           sector allocations

       Sec. 7062. (a) Basic and Higher Education.--
       (1) Basic education.--
       (A) Of the funds appropriated by title III of this Act, not 
     less than $800,000,000 shall be made available for assistance 
     for basic education, of which not less than $288,000,000 
     should be made available under the heading ``Development 
     Assistance''.
       (B) The United States Agency for International Development 
     shall ensure that programs supported with funds appropriated 
     for basic education in this Act and prior Acts making 
     appropriations for the Department of State, foreign 
     operations, and related programs are integrated, when 
     appropriate, with health, agriculture, governance, and 
     economic development activities to address the economic and 
     social needs of the broader community.
       (C) Funds appropriated by title III of this Act for basic 
     education may be made available for a contribution to the 
     Global Partnership for Education.
       (2) Higher education.--Of the funds appropriated by title 
     III of this Act, not less than $200,000,000 shall be made 
     available for assistance for higher education, of which 
     $25,000,000 shall be to support such programs in Africa, 
     including for partnerships between higher education 
     institutions in Africa and the United States.
       (b) Development Grants Program.--Of the funds appropriated 
     in title III of this Act, not less than $45,000,000 shall be 
     made available for the Development Grants Program established 
     pursuant to section 674 of the Department of State, Foreign 
     Operations, and Related Programs Appropriations Act, 2008 
     (division J of Public Law 110-161), primarily for unsolicited 
     proposals, to support grants of not more than $2,000,000 to 
     small nongovernmental organizations:  Provided, That funds 
     made available under this subsection are in addition to other 
     funds available for such purposes including funds designated 
     by this Act by subsection (f).
       (c) Environment Programs.--
       (1) In general.--Of the funds appropriated by this Act, not 
     less than $1,250,000,000 should be made available for 
     programs and activities to protect the environment.
       (2) Clean energy programs.--The limitation in section 
     7081(b) of division F of Public Law 111-117 shall continue in 
     effect during fiscal year 2012 as if part of this Act:  
     Provided, That the proviso contained in such section shall 
     not apply.
       (3) Adaptation programs.--Funds appropriated by this Act 
     may be made available for

[[Page 20418]]

     United States contributions to the Least Developed Countries 
     Fund and the Special Climate Change Fund to support 
     adaptation programs and activities.
       (4) Tropical forest programs.--Funds appropriated under 
     title III of this Act for tropical forest programs shall be 
     used to protect biodiversity, and shall not be used to 
     support or promote the expansion of industrial scale logging 
     into primary tropical forests:  Provided, That funds that are 
     available for the Central African Regional Program for the 
     Environment and other tropical forest programs in the Congo 
     Basin for the United States Fish and Wildlife Service (USFWS) 
     shall be apportioned directly to the USFWS:  Provided 
     further, That funds made available for the Department of the 
     Interior (DOI) for programs in the Guatemala Mayan Biosphere 
     Reserve shall be apportioned directly to the DOI.
       (5) Authority.--Funds appropriated by this Act to carry out 
     the provisions of sections 103 through 106, and chapter 4 of 
     part II, of the Foreign Assistance Act of 1961 may be used, 
     notwithstanding any other provision of law except for the 
     provisions of this section and subject to the regular 
     notification procedures of the Committees on Appropriations, 
     to support environment programs.
       (6) Consultation.--Funds made available pursuant to this 
     subsection are subject to prior consultation with, and the 
     regular notification procedures of, the Committees on 
     Appropriations.
       (7) Extraction of natural resources.--
       (A) Funds appropriated by this Act shall be made available 
     to promote and support transparency and accountability of 
     expenditures and revenues related to the extraction of 
     natural resources, including by strengthening implementation 
     and monitoring of the Extractive Industries Transparency 
     Initiative, implementing and enforcing section 8204 of Public 
     Law 110-246 and the Kimberley Process Certification Scheme, 
     and providing technical assistance to promote independent 
     audit mechanisms and support civil society participation in 
     natural resource management.
       (B)(i) The Secretary of the Treasury shall inform the 
     managements of the international financial institutions and 
     post on the Department of the Treasury's Web site that it is 
     the policy of the United States to vote against any 
     assistance by such institutions (including but not limited to 
     any loan, credit, grant, or guarantee) for the extraction and 
     export of a natural resource if the government of the country 
     has in place laws or regulations to prevent or limit the 
     public disclosure of company payments as required by section 
     1504 of Public Law 111-203, and unless such government has in 
     place functioning systems in the sector in which assistance 
     is being considered for:
       (I) accurately accounting for and public disclosure of 
     payments to the host government by companies involved in the 
     extraction and export of natural resources;
       (II) the independent auditing of accounts receiving such 
     payments and public disclosure of the findings of such 
     audits; and
       (III) public disclosure of such documents as Host 
     Government Agreements, Concession Agreements, and bidding 
     documents, allowing in any such dissemination or disclosure 
     for the redaction of, or exceptions for, information that is 
     commercially proprietary or that would create competitive 
     disadvantage.
       (ii) The requirements of subparagraph (i) shall not apply 
     to assistance for the purpose of building the capacity of 
     such government to meet the requirements of this paragraph.
       (C) The Secretary of the Treasury or the Secretary of 
     State, as appropriate, shall instruct the United States 
     executive director of each international financial 
     institution and the United States representatives to all 
     forest-related multilateral financing mechanisms and 
     processes, that it is the policy of the United States to vote 
     against the expansion of industrial scale logging into 
     primary tropical forests.
       (8) Continuation of prior law.--Section 7081(g)(2) and (4) 
     of division F of Public Law 111-117 shall continue in effect 
     during fiscal year 2012 as if part of this Act.
       (d) Food Security and Agriculture Development.--Of the 
     funds appropriated by title III of this Act, $1,170,000,000 
     should be made available for food security and agriculture 
     development programs, of which $31,500,000 shall be made 
     available for Collaborative Research Support Programs:  
     Provided, That such funds may be made available 
     notwithstanding any other provision of law to address food 
     shortages, and may be made available for a United States 
     contribution to the endowment of the Global Crop Diversity 
     Trust pursuant to section 3202 of Public Law 110-246.
       (e) Microenterprise and Microfinance.--Of the funds 
     appropriated by this Act, not less than $265,000,000 should 
     be made available for microenterprise and microfinance 
     development programs for the poor, especially women.
       (f) Reconciliation Programs.--(1) Of the funds appropriated 
     by title III of this Act under the headings ``Economic 
     Support Fund'' and ``Development Assistance'', $26,000,000 
     shall be made available to support people-to-people 
     reconciliation programs which bring together individuals of 
     different ethnic, religious and political backgrounds from 
     areas of civil strife and war, of which $10,000,000 shall be 
     made available for such programs in the Middle East:  
     Provided, That the Administrator of the United States Agency 
     for International Development shall consult with the 
     Committees on Appropriations, prior to the initial obligation 
     of funds, on the uses of such funds.
       (2) Of the funds appropriated by title III of this Act 
     under the headings ``Economic Support Fund'' and 
     ``Development Assistance'', $10,000,000 should be made 
     available for a ``New Generation in the Middle East'' 
     initiative to build understanding, tolerance, and mutual 
     respect among the next generation of Israeli and Palestinian 
     leaders.
       (g) Trafficking in Persons.--Of the funds appropriated by 
     this Act under the headings ``Development Assistance'', 
     ``Economic Support Fund'', ``International Narcotics Control 
     and Law Enforcement'', and ``Assistance for Europe, Eurasia 
     and Central Asia'' not less than $36,000,000 shall be made 
     available for activities to combat trafficking in persons 
     internationally.
       (h) Water.--Of the funds appropriated by this Act, not less 
     than $315,000,000 shall be made available for water and 
     sanitation supply projects pursuant to the Senator Paul Simon 
     Water for the Poor Act of 2005 (Public Law 109-121).
       (i) Women's Leadership Capacity.--Of the funds appropriated 
     by title III of this Act, not less than $20,000,000 shall be 
     made available for programs to improve women's leadership 
     capacity in recipient countries.
       (j) Notification Requirements.--Authorized deviations from 
     funding levels contained in this section shall be subject to 
     the regular notification procedures of the Committees on 
     Appropriations.

                              central asia

       Sec. 7063.  The terms and conditions of sections 7075(a) 
     through (d) and 7076(a) through (e) of the Department of 
     State, Foreign Operations, and Related Programs 
     Appropriations Act, 2009 (division H of Public Law 111-8) 
     shall apply to funds appropriated by this Act, except that 
     the Secretary of State may waive the application of section 
     7076(a) for a period of not more than 6 months and every 6 
     months thereafter until September 30, 2013, if the Secretary 
     certifies to the Committees on Appropriations that the waiver 
     is in the national security interest and necessary to obtain 
     access to and from Afghanistan for the United States, and the 
     waiver includes an assessment of progress, if any, by the 
     Government of Uzbekistan in meeting the requirements in 
     section 7076(a):  Provided, That the Secretary of State, in 
     consultation with the Secretary of Defense, shall submit a 
     report to the Committees on Appropriations not later than 180 
     days after enactment of this Act and 12 months thereafter, on 
     all United States Government assistance provided to the 
     Government of Uzbekistan and expenditures made in support of 
     the Northern Distribution Network in Uzbekistan, including 
     any credible information that such assistance or expenditures 
     are being diverted for corrupt purposes:  Provided further, 
     That information provided in the report required by the 
     previous proviso may be provided in a classified annex and 
     such annex shall indicate the basis for such classification:  
     Provided further, That for the purposes of the application of 
     section 7075(c) to this Act, the report shall be submitted 
     not later than October 1, 2012 and for the purposes of the 
     application of section 7076(e) to this Act, the term 
     ``assistance'' shall not include expanded international 
     military education and training.

                         requests for documents

       Sec. 7064.  None of the funds appropriated or made 
     available pursuant to titles III through VI of this Act shall 
     be available to a nongovernmental organization, including any 
     contractor, which fails to provide upon timely request any 
     document, file, or record necessary to the auditing 
     requirements of the United States Agency for International 
     Development.

                overseas private investment corporation

                     (including transfer of funds)

       Sec. 7065. (a) Whenever the President determines that it is 
     in furtherance of the purposes of the Foreign Assistance Act 
     of 1961, up to a total of $20,000,000 of the funds 
     appropriated under title III of this Act may be transferred 
     to, and merged with, funds appropriated by this Act for the 
     Overseas Private Investment Corporation Program Account, to 
     be subject to the terms and conditions of that account:  
     Provided, That such funds shall not be available for 
     administrative expenses of the Overseas Private Investment 
     Corporation:  Provided further, That designated funding 
     levels in this Act shall not be transferred pursuant to this 
     section:  Provided further, That the exercise of such 
     authority shall be subject to the regular notification 
     procedures of the Committees on Appropriations.
       (b) Notwithstanding section 235(a)(2) of the Foreign 
     Assistance Act of 1961, the authority of subsections (a) 
     through (c) of section 234 of such Act shall remain in effect 
     until September 30, 2012.

                    international prison conditions

       Sec. 7066. (a) Not later than 180 days after enactment of 
     this Act, the Secretary of State shall submit to the 
     Committees on Appropriations a report, which shall also be 
     made publicly available including on the Department of 
     State's Web site, describing--
       (1) conditions in prisons and other detention facilities in 
     at least 25 countries whose governments receive United States 
     assistance and which the Secretary determines raise serious 
     human rights or humanitarian concerns; and
       (2) the extent to which such governments are taking steps 
     to eliminate such conditions.
       (b) For purposes of each determination made pursuant to 
     subsection (a), the Secretary shall consider the criteria 
     listed in section 7085(b)(1) through (10) of division F of 
     Public Law 111-117.

[[Page 20419]]

       (c) Funds appropriated by this Act to carry out the 
     provisions of chapters 1 and 11 of part I and chapter 4 of 
     part II of the Foreign Assistance Act of 1961, and the 
     Support for East European Democracy (SEED) Act of 1989, shall 
     be made available, notwithstanding section 660 of the Foreign 
     Assistance Act of 1961, for assistance to eliminate inhumane 
     conditions in foreign prisons and other detention facilities.

                     prohibition on use of torture

       Sec. 7067. (a) None of the funds made available in this Act 
     may be used to support or justify the use of torture, cruel 
     or inhumane treatment by any official or contract employee of 
     the United States Government.
       (b) Funds appropriated by this Act to carry out the 
     provisions of chapters 1, 10, 11, and 12 of part I and 
     chapter 4 of part II of the Foreign Assistance Act of 1961, 
     and the Support for East European Democracy (SEED) Act of 
     1989, shall be made available, notwithstanding section 660 of 
     the Foreign Assistance Act of 1961, for assistance to 
     eliminate torture by foreign police, military or other 
     security forces in countries receiving assistance from funds 
     appropriated by this Act that are identified in the 
     Department of State's most recent Country Reports on Human 
     Rights Practices.

                              extradition

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

                 commercial leasing of defense articles

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

             independent states of the former soviet union

       Sec. 7070. (a) None of the funds appropriated under the 
     heading ``Assistance for Europe, Eurasia and Central Asia'' 
     shall be made available for assistance for a government of an 
     Independent State of the former Soviet Union if that 
     government directs any action in violation of the territorial 
     integrity or national sovereignty of any other Independent 
     State of the former Soviet Union, such as those violations 
     included in the Helsinki Final Act:  Provided, That such 
     funds may be made available without regard to the restriction 
     in this subsection if the President determines that to do so 
     is in the national security interest of the United States.
       (b)(1) Of the funds appropriated under the heading 
     ``Assistance for Europe, Eurasia and Central Asia'' that are 
     allocated for assistance for the Government of the Russian 
     Federation, 60 percent shall be withheld from obligation 
     until the President determines and certifies in writing to 
     the Committees on Appropriations that the Government of the 
     Russian Federation--
       (A) has terminated implementation of arrangements to 
     provide Iran with technical expertise, training, technology, 
     or equipment necessary to develop a nuclear reactor, related 
     nuclear research facilities or programs, or ballistic missile 
     capability; and
       (B) is providing full access to international non-
     government organizations providing humanitarian relief to 
     refugees and internally displaced persons in Chechnya.
       (2) Paragraph (1) shall not apply to--
       (A) assistance to combat infectious diseases, child 
     survival activities, or assistance for victims of trafficking 
     in persons; and
       (B) activities authorized under title V (Nonproliferation 
     and Disarmament Programs and Activities) of the FREEDOM 
     Support Act.
       (c) Section 907 of the FREEDOM Support Act shall not apply 
     to--
       (1) activities to support democracy or assistance under 
     title V of the FREEDOM Support Act and section 1424 of Public 
     Law 104-201 or non-proliferation assistance;
       (2) any assistance provided by the Trade and Development 
     Agency under section 661 of the Foreign Assistance Act of 
     1961 (22 U.S.C. 2421);
       (3) any activity carried out by a member of the United 
     States and Foreign Commercial Service while acting within his 
     or her official capacity;
       (4) any insurance, reinsurance, guarantee or other 
     assistance provided by the Overseas Private Investment 
     Corporation under title IV of chapter 2 of part I of the 
     Foreign Assistance Act of 1961 (22 U.S.C. 2191 et seq.);
       (5) any financing provided under the Export-Import Bank Act 
     of 1945; or
       (6) humanitarian assistance.

                      international monetary fund

       Sec. 7071. (a) The terms and conditions of sections 
     7086(b)(1) and (2) and 7090(a) of division F of Public Law 
     111-117 shall apply to this Act.
       (b) The Secretary of the Treasury shall instruct the United 
     States Executive Director of the International Monetary Fund 
     (IMF) to seek to ensure that any loan will be repaid to the 
     IMF before other private creditors.
       (c) The Secretary of the Treasury shall seek to ensure that 
     the IMF is implementing best practices for the protection of 
     whistleblowers from retaliation, including best practices for 
     legal burdens of proof, access to independent adjudicative 
     bodies, results that eliminate the effects of retaliation, 
     and statutes of limitation for reporting retaliation.

                  repression in the russian federation

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

                   prohibition on first-class travel

       Sec. 7073.  None of the funds made available in this Act 
     may be used for first-class travel by employees of agencies 
     funded by this Act in contravention of sections 301-10.122 
     through 301-10.124 of title 41, Code of Federal Regulations.

                          disability programs

       Sec. 7074.  Funds appropriated by this Act under the 
     heading ``Economic Support Fund'' shall be made available for 
     programs and activities administered by the United States 
     Agency for International Development to address the needs and 
     protect and promote the rights of people with disabilities in 
     developing countries, including initiatives that focus on 
     independent living, economic self-sufficiency, advocacy, 
     education, employment, transportation, sports, and 
     integration of individuals with disabilities, including for 
     the cost of translation, and shall also be made available to 
     support disability advocacy organizations to provide training 
     and technical assistance for disabled persons organizations 
     in such countries:  Provided, That of the funds made 
     available by this section, up to 7 percent may be for 
     management, oversight, and technical support.

                            enterprise funds

       Sec. 7075. (a) Prior to the distribution of any assets 
     resulting from any liquidation, dissolution, or winding up of 
     an Enterprise Fund, in whole or in part, the President shall 
     submit to the Committees on Appropriations, in accordance 
     with the regular notification procedures of the Committees on 
     Appropriations, a plan for the distribution of the assets of 
     the Enterprise Fund.
       (b) Funds made available under titles III through VI of 
     this Act for Enterprise Funds shall be expended at the 
     minimum rate necessary to make timely payment for projects 
     and activities and no such funds may be available except 
     through the regular notification procedures of the Committees 
     on Appropriations.

                            consular affairs

       Sec. 7076. (a) The Secretary of State shall implement the 
     necessary steps, including hiring a sufficient number of 
     consular officers to include limited non-career appointment 
     officers, in the People's Republic of China, Brazil, and 
     India to reduce the wait time to interview visa applicants 
     who have submitted applications.
       (b) The Secretary of State shall conduct a risk and benefit 
     analysis regarding the extension of the expiration period for 
     B-1 or B-2 visas for visa applicants before requiring a 
     consular officer interview and, unless such analysis finds 
     that risks outweigh benefits, develop a plan to extend such 
     expiration period in a manner consistent with maintaining 
     security controls.
       (c) The Secretary of State may develop and conduct a pilot 
     program for the processing of B-

[[Page 20420]]

     1 and B-2 visas using secure remote videoconferencing 
     technology as a method for conducting visa interviews of 
     applicants:  Provided, That any such pilot should be 
     developed in consultation with other Federal agencies that 
     use such secure communications to help ensure security of the 
     videoconferencing transmission and encryption:  Provided 
     further, That no pilot program should be conducted if the 
     Secretary determines and reports to the Committees on 
     Appropriations that such program poses an undue security risk 
     and that it cannot be conducted in a manner consistent with 
     maintaining security controls.

                           procurement reform

       Sec. 7077. (a) Local Competition.--Notwithstanding any 
     other provision of law, the Administrator of the United 
     States Agency for International Development (USAID) may, with 
     funds made available in this Act and prior Acts making 
     appropriations for the Department of State, foreign 
     operations, and related programs, award contracts and other 
     acquisition instruments in which competition is limited to 
     local entities if doing so would result in cost savings, 
     develop local capacity, or enable the USAID Administrator to 
     initiate a program or activity in appreciably less time than 
     if competition were not so limited:  Provided, That the 
     authority provided in this section may not be used to make 
     awards in excess of $5,000,000 and shall not exceed more than 
     10 percent of the funds made available to USAID under this 
     Act for assistance programs:  Provided further, That such 
     authority shall be available to support a pilot program with 
     such funds:  Provided further, That the USAID Administrator 
     shall consult with the Committees on Appropriations and 
     relevant congressional committees on the results of such 
     pilot program.
       (b) For the purposes of this section, local entity means an 
     individual, a corporation, a nonprofit organization, or 
     another body of persons that--
       (1) is legally organized under the laws of;
       (2) has as its principal place of business or operations 
     in; and
       (3) either is--
       (A) majority owned by individuals who are citizens or 
     lawful permanent residents of; or
       (B) managed by a governing body the majority of whom are 
     citizens or lawful permanent residents of;

     a country receiving assistance from funds appropriated under 
     title III of this Act.
       (c) For purposes of this section, ``majority owned'' and 
     ``managed by'' include, without limitation, beneficiary 
     interests and the power, either directly or indirectly, 
     whether exercised or exercisable, to control the election, 
     appointment, or tenure of the organization's managers or a 
     majority of the organization's governing body by any means.

                       operating and spend plans

       Sec. 7078. (a) Operating Plans.--Not later than 30 days 
     after the date of enactment of this Act, each department, 
     agency or organization funded in titles I and II, and the 
     Department of the Treasury and Independent Agencies funded in 
     title III of this Act shall submit to the Committees on 
     Appropriations an operating plan for funds appropriated to 
     such department, agency, or organization in such titles of 
     this Act, or funds otherwise available for obligation in 
     fiscal year 2012, that provides details of the use of such 
     funds at the program, project, and activity level.
       (b) Spend Plans.--Prior to the initial obligation of funds, 
     the Secretary of State, in consultation with the 
     Administrator of the United States Agency for International 
     Development, shall submit to the Committees on Appropriations 
     a detailed spend plan for the following--
       (1) funds appropriated under the heading ``Democracy 
     Fund'';
       (2) funds made available in titles III and IV of this Act 
     for assistance for Iraq, Haiti, Colombia, and Mexico, for the 
     Caribbean Basin Security Initiative, and for the Central 
     American Regional Security Initiative;
       (3) funds made available for assistance for countries or 
     programs and activities referenced in--
       (A) section 7040;
       (B) section 7041(a), (e), (f), and (i);
       (C) section 7043(b);
       (D) section 7046(a) and (c); and
       (4) funds appropriated in title III for food security and 
     agriculture development programs and for environment 
     programs.
       (c) Notifications.--The spend plans referenced in 
     subsection (b) shall not be considered as meeting the 
     notification requirements under section 7015 of this Act or 
     under section 634A of the Foreign Assistance Act of 1961.

                              rescissions

       Sec. 7079. (a) Of the funds appropriated in prior Acts 
     making appropriations for the Department of State, foreign 
     operations, and related programs under the heading 
     ``Diplomatic and Consular Programs'', $13,700,000 are 
     rescinded, of which $8,000,000 shall be from funds for 
     Worldwide Security Protection:  Provided, That no amounts may 
     be rescinded from amounts that were designated by Congress as 
     an emergency requirement pursuant to a concurrent resolution 
     on the budget or the Balanced Budget and Emergency Deficit 
     Control Act of 1985.
       (b) Of the unexpended balances available under the heading 
     ``Export and Investment Assistance, Export-Import Bank of the 
     United States, Subsidy Appropriation'' from prior Acts making 
     appropriations for the Department of State, foreign 
     operations, and related programs, $400,000,000 are rescinded.
       (c) Of the unexpended balances available to the President 
     for bilateral economic assistance under the heading 
     ``Economic Support Fund'' from prior Acts making 
     appropriations for the Department of State, foreign 
     operations, and related programs, $100,000,000 are rescinded: 
      Provided, That no amounts may be rescinded from amounts that 
     were designated by Congress as an emergency requirement 
     pursuant to a concurrent resolution on the budget or the 
     Balanced Budget and Emergency Deficit Control Act of 1985.
       (d) The Secretary of State, as appropriate, shall consult 
     with the Committees on Appropriations at least 15 days prior 
     to implementing the rescissions made in this section.

                    special defense acquisition fund

                 (including limitation on obligations)

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

                    authority for capital increases

       Sec. 7081. (a) International Bank for Reconstruction and 
     Development.--The Bretton Woods Agreements Act, as amended 
     (22 U.S.C. 286 et seq.), is further amended by adding at the 
     end thereof the following new sections:

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

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

     ``SEC. 70. CAPITAL STOCK INCREASES.

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

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

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

     ``SEC. 41. NINTH CAPITAL INCREASE.

       ``(a) Vote Authorized.--The United States Governor of the 
     Bank is authorized to vote in favor of a resolution to 
     increase the capital stock of the Bank by $70,000,000,000 as 
     described in Resolution AG-7/10, `Report on the Ninth General 
     Capital Increase in the resources of the Inter-American 
     Development Bank' as approved by Governors on July 21, 2010.

[[Page 20421]]

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

     ``SEC. 1344. SIXTH CAPITAL INCREASE.

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

              reforms related to general capital increases

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

                      authority for replenishments

       Sec. 7083. (a) International Development Association.--The 
     International Development Association Act, Public Law 86-565, 
     as amended (22 U.S.C. 284 et seq.), is further amended by 
     adding at the end thereof the following new sections:

     ``SEC. 26. SIXTEENTH REPLENISHMENT.

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

     ``SEC. 27. MULTILATERAL DEBT RELIEF.

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

     ``SEC. 221. TWELFTH REPLENISHMENT.

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

     ``SEC. 222. MULTILATERAL DEBT RELIEF.

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

[[Page 20422]]



             authority for the fund for special operations

       Sec. 7084.  Up to $36,000,000 of funds appropriated for the 
     account ``Department of the Treasury, Debt Restructuring'' by 
     the Full-Year Continuing Appropriations Act, 2011 (Public Law 
     112-10, Division B) may be made available for the United 
     States share of an increase in the resources of the Fund for 
     Special Operations of the Inter-American Development Bank in 
     furtherance of debt relief provided to Haiti in view of the 
     Cancun Declaration of March 21, 2010.

                     united nations population fund

       Sec. 7085. (a) Contribution.--Of the funds made available 
     under the heading ``International Organizations and 
     Programs'' in this Act for fiscal year 2012, $35,000,000 
     shall be made available for the United Nations Population 
     Fund (UNFPA).
       (b) Availability of Funds.--Funds appropriated by this Act 
     for UNFPA, that are not made available for UNFPA because of 
     the operation of any provision of law, shall be transferred 
     to the ``Global Health Programs'' account and shall be made 
     available for family planning, maternal, and reproductive 
     health activities, subject to the regular notification 
     procedures of the Committees on Appropriations.
       (c) Prohibition on Use of Funds in China.--None of the 
     funds made available by this Act may be used by UNFPA for a 
     country program in the People's Republic of China.
       (d) Conditions on Availability of Funds.--Funds made 
     available by this Act for UNFPA may not be made available 
     unless--
       (1) UNFPA maintains funds made available by this Act in an 
     account separate from other accounts of UNFPA and does not 
     commingle such funds with other sums; and
       (2) UNFPA does not fund abortions.
       (e) Report to Congress and Dollar-for-Dollar Withholding of 
     Funds.--
       (1) Not later than 4 months after the date of enactment of 
     this Act, the Secretary of State shall submit a report to the 
     Committees on Appropriations indicating the amount of funds 
     that the UNFPA is budgeting for the year in which the report 
     is submitted for a country program in the People's Republic 
     of China.
       (2) If a report under paragraph (1) indicates that the 
     UNFPA plans to spend funds for a country program in the 
     People's Republic of China in the year covered by the report, 
     then the amount of such funds the UNFPA plans to spend in the 
     People's Republic of China shall be deducted from the funds 
     made available to the UNFPA after March 1 for obligation for 
     the remainder of the fiscal year in which the report is 
     submitted.


                              LIMITATIONS

       Sec. 7086. (a)(1) None of the funds appropriated under the 
     heading ``Economic Support Fund'' in this Act may be made 
     available for assistance for the Palestinian Authority if the 
     Palestinians obtain, after the date of enactment of this Act, 
     the same standing as member states or full membership as a 
     state in the United Nations or any specialized agency thereof 
     outside an agreement negotiated between Israel and the 
     Palestinians.
       (2) The Secretary of State may waive the restriction in 
     paragraph (1) if the Secretary certifies to the Committees on 
     Appropriations that to do so is in the national security 
     interest of the United States, and submits a report to such 
     Committees detailing how the waiver and the continuation of 
     assistance would assist in furthering Middle East peace.
       (b)(1) The President may waive the provisions of section 
     1003 of Public Law 100-204 if the President determines and 
     certifies in writing to the Speaker of the House of 
     Representatives, the President pro tempore of the Senate, and 
     the Committees on Appropriations that the Palestinians have 
     not, after the date of enactment of this Act, obtained in the 
     United Nations or any specialized agency thereof the same 
     standing as member states or full membership as a state 
     outside an agreement negotiated between Israel and the 
     Palestinians.
       (2) Not less than 90 days after the President is unable to 
     make the certification pursuant to subsection (b)(1), the 
     President may waive section 1003 of Public Law 100-204 if the 
     President determines and certifies in writing to the Speaker 
     of the House of Representatives, the President pro tempore of 
     the Senate, and the Committees on Appropriations that the 
     Palestinians have entered into direct and meaningful 
     negotiations with Israel: Provided, That any waiver of the 
     provisions of section 1003 of Public Law 100-204 under 
     paragraph (1) of this subsection or under previous provisions 
     of law must expire before the waiver under the preceding 
     sentence may be exercised.
       (3) Any waiver pursuant to this subsection shall be 
     effective for no more than a period of 6 months at a time and 
     shall not apply beyond 12 months after the enactment of this 
     Act.

                use of funds in contravention of this act

       Sec. 7087.  If the Executive Branch makes a determination 
     not to comply with any provision of this Act on 
     constitutional grounds, the head of the relevant Federal 
     agency shall notify the Committees on Appropriations in 
     writing within 5 days of such determination, the basis for 
     such determination and any resulting changes to program and 
     policy.

                               TITLE VIII

                    OVERSEAS CONTINGENCY OPERATIONS/

                        GLOBAL WAR ON TERRORISM

                          DEPARTMENT OF STATE

                   Administration of Foreign Affairs

                    diplomatic and consular programs

                     (including transfer of funds)

       For an additional amount for ``Diplomatic and Consular 
     Programs'', $4,389,064,000, to remain available until 
     September 30, 2013, of which $236,201,000 is for Worldwide 
     Security Protection and shall remain available until 
     expended:  Provided, That the Secretary of State may transfer 
     up to $230,000,000 of the total funds made available under 
     this heading to any other appropriation of any department or 
     agency of the United States, upon the concurrence of the head 
     of such department or agency, to support operations in and 
     assistance for Afghanistan and to carry out the provisions of 
     the Foreign Assistance Act of 1961:  Provided further, That 
     such amount is designated by the Congress for Overseas 
     Contingency Operations/Global War on Terrorism pursuant to 
     section 251(b)(2)(A) of the Balanced Budget and Emergency 
     Deficit Control Act of 1985.

                   conflict stabilization operations

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

                      office of inspector general

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

               educational and cultural exchange programs

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

            embassy security, construction, and maintenance

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

                      International Organizations

              contributions to international organizations

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

                             RELATED AGENCY

                    Broadcasting Board of Governors

                 international broadcasting operations

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

                            Related Programs

                    united states institute of peace

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

           UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT

                  Funds Appropriated to the President

                           operating expenses

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

                      office of inspector general

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

                     BILATERAL ECONOMIC ASSISTANCE

                  Funds Appropriated to the President

                   international disaster assistance

       For an additional amount for ``International Disaster 
     Assistance'', $150,000,000, to remain

[[Page 20423]]

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

                         transition initiatives

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

                          complex crises fund

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

                         economic support fund

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

                          Department of State

                    migration and refugee assistance

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

                       Department of the Treasury

               international affairs technical assistance

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

                   INTERNATIONAL SECURITY ASSISTANCE

                          Department of State

          international narcotics control and law enforcement

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

    nonproliferation, anti-terrorism, demining and related programs

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

                        peacekeeping operations

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

                  Funds Appropriated to the President

                   foreign military financing program

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

               pakistan counterinsurgency capability fund

                     (including transfer of funds)

       For necessary expenses to carry out the provisions of 
     chapter 8 of part I and chapters 2, 5, 6, and 8 of part II of 
     the Foreign Assistance Act of 1961 and section 23 of the Arms 
     Export Control Act, $850,000,000, to remain available until 
     September 30, 2013, for the purpose of providing assistance 
     for Pakistan to build and maintain the counterinsurgency 
     capability of Pakistani security forces (including the 
     Frontier Corps), to include program management, training in 
     civil-military humanitarian assistance, human rights 
     training, and the provision of equipment, supplies, services, 
     training, and facility and infrastructure repair, renovation, 
     and construction:  Provided, That notwithstanding any other 
     provision of law except section 620M of the Foreign 
     Assistance Act of 1961, as amended by this Act, such funds 
     shall be available to the Secretary of State, with the 
     concurrence of the Secretary of Defense:  Provided further, 
     That such funds may be transferred by the Secretary of State 
     to the Department of Defense or other Federal departments or 
     agencies to support counterinsurgency operations and may be 
     merged with, and be available, for the same purposes and for 
     the same time period as the appropriation or fund to which 
     transferred or may be transferred pursuant to the authorities 
     contained in the Foreign Assistance Act of 1961:  Provided 
     further, That the Secretary of State shall, not fewer than 15 
     days prior to making transfers from this appropriation, 
     notify the Committees on Appropriations, in writing, of the 
     details of any such transfer:  Provided further, That the 
     Secretary of State shall submit not later than 30 days after 
     the end of each fiscal quarter to the Committees on 
     Appropriations a report in writing summarizing, on a project-
     by-project basis, the uses of funds under this heading:  
     Provided further, That upon determination by the Secretary of 
     State, with the concurrence of the Secretary of Defense, that 
     all or part of the funds so transferred from this 
     appropriation are not necessary for the purposes herein, such 
     amounts may be transferred by the head of the relevant 
     Federal department or agency back to this appropriation and 
     shall be available for the same purposes and for the same 
     time period as originally appropriated:  Provided further, 
     That any required notification or report may be submitted in 
     classified form:  Provided further, That the amount in this 
     paragraph is designated by the Congress for Overseas 
     Contingency Operations/Global War on Terrorism pursuant to 
     section 251(b)(2)(A) of the Balanced Budget and Emergency 
     Deficit Control Act of 1985.

                           GENERAL PROVISIONS

       Sec. 8001.  Notwithstanding any other provision of law, 
     funds appropriated in this title are in addition to amounts 
     appropriated or otherwise made available in this Act for 
     fiscal year 2012.
       Sec. 8002.  Unless otherwise provided for in this Act, the 
     additional amounts appropriated by this title to 
     appropriations accounts in this Act shall be available under 
     the authorities and conditions applicable to such 
     appropriations accounts.
       Sec. 8003.  Funds appropriated by this title under the 
     headings ``International Disaster Assistance'', ``Transition 
     Initiatives'', ``Complex Crises Fund'', ``Economic Support 
     Fund'', ``Migration and Refugee Assistance'', ``International 
     Narcotics Control and Law Enforcement'', ``Nonproliferation, 
     Anti-terrorism, Demining, and Related Programs'', 
     ``Peacekeeping Operations'', ``Foreign Military Financing 
     Program'', and ``Pakistan Counterinsurgency Capability 
     Fund'', may be transferred to, and merged with, funds 
     appropriated by this title under such headings:  Provided, 
     That such transfers shall be subject to the regular 
     notification procedures of the Committees on Appropriations:  
     Provided further, That the transfer authority in this section 
     is in addition to any transfer authority otherwise available 
     under any other provision of law, including section 610 of 
     the Foreign Assistance Act which may be exercised by the 
     Secretary of State for the purposes of this title.
       Sec. 8004.  If authorized during fiscal year 2012, there 
     shall be established in the Treasury of the United States the 
     ``Global Security Contingency Fund'' (the Fund):  Provided, 
     That notwithstanding any provision of law, during the current 
     fiscal year, not to exceed $50,000,000 from funds 
     appropriated under the headings ``International Narcotics 
     Control and Law Enforcement'', ``Foreign Military Financing 
     Program'', and ``Pakistan Counterinsurgency Capability Fund'' 
     under title VIII of this Act may be transferred to the Fund:  
     Provided further, That this transfer authority is in addition 
     to any other transfer authority available to the Department 
     of State, and shall be subject to prior consultation with the 
     Committees on Appropriations:  Provided further, That the 
     Secretary of State shall, not later than 15 days prior to 
     making any such transfer, notify the Committees on 
     Appropriations in accordance with the regular notification 
     procedures of the Committees on Appropriations, including the 
     source of funds and a detailed justification, implementation 
     plan, and timeline for each proposed project:  Provided 
     further, That, notwithstanding any provision of law, the 
     requirements of this section, including the amount and source 
     of transferred funds, shall apply to any transfer or other 
     authority relating to the Fund enacted subsequent to the 
     enactment of this Act unless such subsequently enacted 
     provision of law specifically references this section.
        This division may be cited as the ``Department of State, 
     Foreign Operations, and Related Programs Appropriations Act, 
     2012''.
       And the Senate agree to the same.
     Harold Rogers,
     C.W. Bill Young,
     Jerry Lewis,
     Rodney P. Frelinghuysen,
     Robert B. Aderholt,
     Jo Ann Emerson,
     Kay Granger,
     Michael K. Simpson,
     John Abney Culberson,
     Ander Crenshaw,
     Denny Rehberg,
     John R. Carter,
     Norman D. Dicks,
     Peter J. Visclosky,
     Nita M. Lowey,
     Jose E. Serrano,
     Rosa L. DeLauro,
     James P. Moran,
     David E. Price,

[[Page 20424]]

     Sanford D. Bishop.
                                Managers on the part of the House.

     Tim Johnson,
     Daniel K. Inouye,
     Mary Landrieu,
     Patty Murray,
     Jack Reed,
     Ben Nelson,
     Mark Pryor,
     Patrick J. Leahy,
     Kay Bailey Hutchison,
     Lisa Murkowski,
     Roy Blunt,
     John Hoeven,
     Thad Cochran.
                               Managers on the part of the Senate.

       JOINT EXPLANATORY STATEMENT OF THE COMMITTEE OF CONFERENCE

       The managers on the part of the House and Senate at the 
     conference on the disagreeing votes of the two Houses on the 
     amendment of the Senate to the bill (H.R. 2055) making 
     appropriations for military construction, the Department of 
     Veterans Affairs, and related agencies for the fiscal year 
     ending september 30, 2012, and for other purposes, submit the 
     following joint statement to the House and Senate in 
     explanation of the effect of the action agreed upon by the 
     managers and recommended in the accompanying conference 
     report.
       This conference agreement includes the Department of 
     Defense Appropriations Act, 2012; the Energy and Water 
     Development Appropriations Act, 2012; the Financial Services 
     and General Government Appropriations Act, 2012; the 
     Department of Homeland Security Appropriations Act, 2012; the 
     Department of the Interior, Environment, and Related Agencies 
     Appropriations Act, 2012; the Departments of Labor, Health 
     and Human Services, and Education, and Related Agencies 
     Appropriations Act, 2012; the Legislative Branch 
     Appropriations Act, 2012; the Military Construction and 
     Veterans Affairs and Related Agencies Appropriations Act, 
     2012; and the Department of State, Foreign Operations, and 
     Related Programs Appropriations Act, 2012.
       The conference agreement includes a provision stating that 
     each amount designated by Congress as being for Overseas 
     Contingency Operations/Global War on Terrorism is contingent 
     on the President so designating all such amounts and 
     transmitting such designations to Congress. the provision is 
     consistent with new requirements enacted in the Budget 
     Control Act of 2011 for Overseas Contingency Operations/
     Global War on Terrorism designations by the President.
       The conference agreement does not contain any congressional 
     earmarks, limited tax benefits, or limited tariff benefits as 
     defined by clause 9 of rule XXI of the Rules of the House of 
     Representatives.

       DIVISION A--DEPARTMENT OF DEFENSE APPROPRIATIONS ACT, 2012

       The conference agreement on the Department of Defense 
     Appropriations Act, 2012, incorporates some of the provisions 
     of both the House and the Senate versions of the bill. The 
     language and allocations set forth in House Report 112-110 
     and Senate Report 112-77 shall be complied with unless 
     specifically addressed to the contrary in the accompanying 
     bill and explanatory statement.


              DEFINITION OF PROGRAM, PROJECT, AND ACTIVITY

       The conferees agree that for the purposes of the Balanced 
     Budget and Emergency Deficit Control Act of 1985 (Public Law 
     99-177) as amended by the Balanced Budget and Emergency 
     Deficit Control Reaffirmation Act of 1987 (Public Law 100-
     119) and by the Budget Enforcement Act of 1990 (Public Law 
     101-508), the terms program, project, and activity for 
     appropriations contained in this Act shall be defined as the 
     most specific level of budget items identified in the 
     Department of Defense Appropriations Act, 2012, the related 
     classified annexes and explanatory statements, and the P-1 
     and R-1 budget justification documents as subsequently 
     modified by congressional action. The following exception to 
     the above definition shall apply: for the military personnel 
     and the operation and maintenance accounts, for which the 
     term ``program, project, and activity'' is defined as the 
     appropriations accounts contained in the Department of 
     Defense Appropriations Act.
       At the time the President submits the budget for fiscal 
     year 2013, the Department of Defense is directed to transmit 
     to the congressional defense committees budget justification 
     documents to be known as the ``M-1'' and ``O-1'' which shall 
     identify, at the budget activity, activity group, and 
     subactivity group level, the amounts requested by the 
     President to be appropriated to the Department of Defense for 
     military personnel and operation and maintenance in any 
     budget request, or amended budget request, for fiscal year 
     2013.
       In carrying out any Presidential sequestration, the 
     Department of Defense and related agencies shall conform to 
     the definition for ``program, project, and activity'' set 
     forth above except that military personnel accounts will be 
     exempt from sequestration per the notification made by the 
     Director of the Office of Management and Budget on August 10, 
     2011.


                            CLASSIFIED ANNEX

       Adjustments to classified programs are addressed in the 
     accompanying classified annex.


                  CONGRESSIONAL SPECIAL INTEREST ITEMS

       Items for which additional funds have been provided as 
     shown in the project level tables or in paragraphs using the 
     phrase ``only for'' or ``only to'' are congressional special 
     interest items for purposes of the Base for Reprogramming (DD 
     Form 1414). Each of these items must be carried on the DD 
     Form 1414 at the stated amount, as specifically addressed in 
     these materials.


                         REPROGRAMMING GUIDANCE

       The Department of Defense is directed to continue to follow 
     the reprogramming guidance for acquisition accounts as 
     specified in the report accompanying the House version of the 
     fiscal year 2008 Department of Defense Appropriations bill 
     (H.R. 110-279). For operation and maintenance accounts, the 
     Department of Defense shall continue to follow the 
     reprogramming guidelines specified in the conference report 
     accompanying H.R. 3222, the Department of Defense 
     Appropriations Act, 2008, which are also expressed under 
     title II of this statement. The dollar threshold for 
     reprogramming funds shall remain at $15,000,000 for operation 
     and maintenance; $20,000,000 for procurement; and $10,000,000 
     for research, development, test and evaluation.
       Also, the Under Secretary of Defense (Comptroller) is 
     directed to continue to provide the congressional defense 
     committees quarterly, spreadsheet-based DD Form 1416 reports 
     for service and defense-wide accounts in titles I, II, III, 
     and IV of this Act. Reports for titles III and IV shall 
     comply with guidance specified in the explanatory statement 
     accompanying the Department of Defense Appropriations Act, 
     2006. The Department shall continue to follow the limitation 
     that prior approval reprogrammings are set at either the 
     specified dollar threshold or 20 percent of the procurement 
     or research, development, test and evaluation line, whichever 
     is less. These thresholds are cumulative from the base for 
     reprogramming value as modified by any adjustments. 
     Therefore, if the combined value of transfers into or out of 
     an operation and maintenance (O-1), a procurement (P-1), or a 
     research, development, test and evaluation (R-1) line exceeds 
     the identified threshold, the Department of Defense must 
     submit a prior approval reprogramming to the congressional 
     defense committees. In addition, guidelines on the 
     application of prior approval reprogramming procedures for 
     congressional special interest items are established 
     elsewhere in this statement.


                           FUNDING INCREASES

       The funding increases outlined in the tables for each 
     appropriation account shall be provided only for the specific 
     purposes indicated in the tables.

                      TITLE I--MILITARY PERSONNEL

       The conference agreement provides $131,090,539,000 in Title 
     I, Military Personnel, instead of $132,092,225,000 as 
     proposed by the House and $131,000,559,000 as proposed by the 
     Senate. The conference agreement on items addressed by either 
     the House or the Senate is as follows:

[[Page 20425]]

     
     


[[Page 20426]]



[[Page 20427]]



[[Page 20428]]

           MILITARY PERSONNEL ANTI-DEFICIENCY ACT VIOLATIONS

       Since 2001, the Department of Defense has had 11 violations 
     of the Anti-Deficiency Act (ADA) in its military personnel 
     accounts. The conferees recognize the uncertainty that exists 
     in the military personnel accounts due to their entitlement 
     nature and the fact that resource requirements are driven by 
     millions of individual and organizational personnel 
     decisions. To further complicate management of these 
     accounts, a significant number of obligations are incurred in 
     the fourth quarter of the fiscal year. The conferees 
     recognize the Department's efforts to improve the management 
     and oversight of these accounts, but remain concerned over 
     the Department's failure to adequately manage the military 
     personnel budgets.
       Therefore, the recommendation includes a new general 
     provision requiring the Inspector General of the Department 
     of Defense to conduct a review of military personnel ADA 
     violations and their causes. Based on the findings of the 
     review, the Inspector General shall submit to the 
     congressional defense committees a report examining the 
     Department's budgeting and oversight of the military 
     personnel accounts, including recommendations for corrective 
     actions to avoid additional ADA violations going forward. 
     This report should be submitted to the congressional defense 
     committees not later than 180 days after enactment of this 
     Act.


                   RESERVE COMPONENT BUDGET STRUCTURE

       The conferees direct each of the reserve components to 
     provide a semi-annual detailed report to the congressional 
     defense committees showing transfers between subactivities 
     within the military personnel appropriation accounts. Reports 
     shall be submitted not later than 30 days following the end 
     of the second quarter and 30 days following the end of the 
     fiscal year.


                 EXCESS BAGGAGE FEES FOR SERVICEMEMBERS

       The conferees are concerned by recent incidents in which 
     servicemembers on military orders deploying to or returning 
     from overseas contingency operations on commercial airlines 
     have been charged excess baggage fees. In some instances, 
     servicemembers were asked to pay out of their own pockets for 
     charges placed on checked baggage carrying U.S. military 
     equipment and not personal effects. Servicemembers make great 
     sacrifices to serve their country in dangerous wartime 
     conditions. They should not be asked to endure personal 
     financial hardships as a result of traveling to and from 
     overseas deployments.
       Although the Department of Defense states that it has the 
     authority to pay for excess baggage fees and to reimburse 
     servicemembers for any fees they have paid, the conferees 
     firmly believe that servicemembers should not be burdened 
     with out-of-pocket expenses at all. The conferees strongly 
     encourage the Department to avoid entering into contract 
     agreements with airlines that charge excess baggage fees to 
     servicemembers who are traveling on military orders and are 
     being deployed to or returning from overseas contingency 
     operations. In addition, the Secretary of Defense is directed 
     to submit a report to the congressional defense committees 
     not later than 90 days after enactment of this Act on 
     measures being taken that will prevent servicemembers from 
     having to pay out-of-pocket costs on checked baggage in such 
     instances.

                        Military Personnel, Army

       The conference agreement on items addressed by either the 
     House or the Senate is as follows:

[[Page 20429]]

     
     


[[Page 20430]]



[[Page 20431]]



[[Page 20432]]

                        Military Personnel, Navy

       The conference agreement on items addressed by either the 
     House or the Senate is as follows:

[[Page 20433]]

     
     


[[Page 20434]]



[[Page 20435]]



[[Page 20436]]

                    Military Personnel, Marine Corps

       The conference agreement on items addressed by either the 
     House or the Senate is as follows:

[[Page 20437]]

     
     


[[Page 20438]]



[[Page 20439]]



[[Page 20440]]

                     Military Personnel, Air Force

       The conference agreement on items addressed by either the 
     House or the Senate is as follows:

[[Page 20441]]

     
     


[[Page 20442]]



[[Page 20443]]



[[Page 20444]]



                        Reserve Personnel, Army

       The conference agreement on items addressed by either the 
     House or the Senate is as follows:

[[Page 20445]]

     
     


[[Page 20446]]



[[Page 20447]]

                        Reserve Personnel, Navy

       The conference agreement on items addressed by either the 
     House or the Senate is as follows:

[[Page 20448]]

     
     


[[Page 20449]]



[[Page 20450]]

                    Reserve Personnel, Marine Corps

       The conference agreement on items addressed by either the 
     House or the Senate is as follows:

[[Page 20451]]

     
     


[[Page 20452]]



[[Page 20453]]

                      Reserve Personnel, Air Force

       The conference agreement on items addressed by either the 
     House or the Senate is as follows:

[[Page 20454]]

     
     


[[Page 20455]]



[[Page 20456]]

                     National Guard Personnel, Army

       The conference agreement on items addressed by either the 
     House or the Senate is as follows:

[[Page 20457]]

     
     


[[Page 20458]]



[[Page 20459]]

                  National Guard Personnel, Air Force

       The conference agreement on items addressed by either the 
     House or the Senate is as follows:

[[Page 20460]]

     
     


[[Page 20461]]



[[Page 20462]]



                  TITLE II--OPERATION AND MAINTENANCE

       The conference agreement provides $163,073,141,000 in Title 
     II, Operation and Maintenance, instead of $169,975,411,000 as 
     proposed by the House and $162,549,531,000 as proposed by the 
     Senate. The conference agreement on items addressed by either 
     the House or the Senate is as follows:

[[Page 20463]]

     
     


[[Page 20464]]

                operation and maintenance reprogrammings

       The Secretary of Defense is directed to submit the Base for 
     Reprogramming (DD Form 1414) for each of the fiscal year 2012 
     appropriation accounts not later than 60 days after enactment 
     of this Act. The Secretary of Defense is prohibited from 
     executing any reprogramming or transfer of funds for any 
     purpose other than originally appropriated until the 
     aforementioned report is submitted to the House and Senate 
     Appropriations Committees.
       The Secretary of Defense is directed to use the normal 
     prior approval reprogramming procedures to transfer funds in 
     the Services' operation and maintenance accounts between O-1 
     budget activities in excess of $15,000,000. In addition, the 
     Secretary of Defense should follow prior approval 
     reprogramming procedures for transfers in excess of 
     $15,000,000 out of the following budget subactivities:
       Army:
       Maneuver units
       Modular support brigades
       Land forces operations support
       Force readiness operations support
       Land forces depot maintenance
       Base operations support
       Facilities Sustainment, Repair, and Modernization
       Navy:
       Aircraft depot maintenance
       Ship depot maintenance
       Facilities Sustainment, Repair, and Modernization
       Marine Corps:
       Depot maintenance
       Facilities Sustainment, Repair, and Modernization
       Air Force:
       Primary combat forces
       Combat enhancement forces
       Combat communications
       Facilities Sustainment, Repair, and Modernization
       During fiscal year 2012, the Air Force is required to 
     submit written notification and justification to the 
     congressional defense committees not later than 30 days prior 
     to implementing transfers in excess of $15,000,000 out of the 
     following budget subactivities:
       Operating forces depot maintenance
       Mobilization depot maintenance
       Training and recruiting depot maintenance
       Administration and service-wide depot maintenance
       The transfer may be implemented 30 days after congressional 
     notification unless an objection is received from a 
     congressional defense committee.
       Finally, the Secretary of Defense should follow prior 
     approval reprogramming procedures for transfers in excess of 
     $15,000,000 into the following budget subactivity:
       Operation and Maintenance, Army National Guard:
       Other personnel support/recruiting and advertising
       With respect to Operation and Maintenance, Defense-Wide, 
     proposed transfers of funds to or from the levels specified 
     for defense agencies in excess of $15,000,000 shall be 
     subject to prior approval reprogramming procedures.


       operation and maintenance funding for military technicians

       The House recommendation included adjustments to Army and 
     Air Force Reserve and National Guard operation and 
     maintenance accounts based on discrepancies in the number of 
     military technicians included in the request. The conference 
     agreement does not include these adjustments; however, the 
     Department is directed to ensure consistency in the number of 
     military technicians included in the request between the 
     military personnel appropriations in the PB-31R Personnel 
     Summary exhibit and noted on the OP-5 exhibit in the 
     operation and maintenance appropriations in the future.


     strategic communications and information operations/military 
                     information support operations

       The conference agreement includes $224,975,000 for 
     Department of Defense information operations (IO)/military 
     information support operations (MISO) programs, instead of 
     $176,575,000 as proposed by the House and $300,570,000 as 
     proposed by the Senate. The budget request includes 
     $120,570,000 in title II and $180,000,000 in title IX. The 
     conference agreement includes all funds for these activities 
     in title IX of this division as proposed by the House. Of the 
     $120,570,000 requested in title II, the conference agreement 
     includes program reductions totaling $16,795,000 and 
     transfers the remaining $103,775,000 to title IX. The 
     allocation of funding by combatant command and funding levels 
     for certain programs is specifically delineated in the 
     classified annex accompanying this Act. The conferees direct 
     that these delineations shall be considered congressional 
     special interest items and be subject to normal reprogramming 
     procedures.
       The conferees agree that combatant commanders need the 
     ability to effectively communicate in their respective areas 
     of responsibility and provide adequate resources to support 
     such military objectives. The conferees appreciate the 
     progress made by the Office of the Secretary of Defense over 
     the past three years to define and consolidate strategic 
     communications (SC) and IO into a more accountable and 
     transparent structure within the Department and improve 
     interagency coordination. Even with this progress, concerns 
     remain that some activities being funded under IO/MISO and SC 
     are duplicative of, or operate at cross purposes with, other 
     federal agencies' efforts. As the Secretary of Defense 
     Memorandum dated January 25, 2011 indicates, further 
     refinements are necessary to identify IO-related costs and 
     develop standardized budgeting methodologies for SC and IO-
     related capabilities and activities, as well as MISO costs. 
     In an era of declining budgets, Department of Defense funding 
     for these activities must be fully captured and carefully 
     reviewed to ensure that each request meets a primary military 
     requirement.
       The conference agreement does not provide funds within the 
     fiscal year 2012 base budget for these activities, but 
     instead continues funding them within title IX of this 
     division. The conferees will consider transitioning the 
     funding for SC and IO/MISO programs to the base budget in 
     fiscal year 2013 after a review of the comprehensive budget 
     requests for SC, IO/MISO, and IO-related capabilities and 
     activities.
       The conferees reiterate the direction included in the House 
     report requiring the Secretary of Defense to develop a format 
     for improving the budget submission for these programs in 
     fiscal year 2013. The submission shall include, at a minimum, 
     a delineation of all programs and activities, and the funding 
     associated with each, for all SC and IO/MISO programs within 
     the Department of Defense. The conferees further direct the 
     Secretary of Defense to follow the direction in the House 
     report regarding execution reports for funds provided for 
     these programs.


                  energy independence and security act

       The conference agreement does not include a provision 
     (House Section 10011) on the Energy Independence and Security 
     Act of 2007. The conferees note that the enforcement of 
     section 526 of the Energy Independence and Security Act of 
     2007 may lead to higher fuel costs for federal fleets in the 
     absence of competitively priced new generation fuels that 
     emit fewer emissions. In carrying out this statute, the 
     Secretary of Defense and the Service Secretaries should work 
     to ensure that costs associated with fuel purchases necessary 
     to carry out the missions of their respective departments and 
     agencies should be minimized to the extent possible under the 
     law.

                    Operation and Maintenance, Army

       The conference agreement on items addressed by either the 
     House or the Senate is as follows:

[[Page 20465]]

     
     


[[Page 20466]]



[[Page 20467]]



[[Page 20468]]



[[Page 20469]]



[[Page 20470]]



[[Page 20471]]



                    Operation and Maintenance, Navy

       The conference agreement on items addressed by either the 
     House or the Senate is as follows:

[[Page 20472]]

     
     


[[Page 20473]]



[[Page 20474]]



[[Page 20475]]



[[Page 20476]]



[[Page 20477]]




                   OVERHEAD COSTS AT NAVAL SHIPYARDS

       One of the major themes of the Department of Defense's 
     fiscal year 2012 budget submission has been the generation of 
     efficiency savings through reduced overhead and improved 
     business practices. However, the Navy's own budget materials 
     indicate a plan to spend over $1,700,000,000 for overhead 
     costs at Naval shipyards in fiscal year 2012, an amount equal 
     to 33 percent of Naval shipyard funding. The conferees 
     believe there are opportunities to find Naval shipyard 
     efficiency savings and direct the Secretary of the Navy to 
     carefully assess shipyard overhead costs with a goal of 
     identifying and eliminating all unnecessary overhead 
     expenditures. The conferees recommend that funding garnered 
     from overhead savings be reapplied to ship depot and 
     intermediate maintenance in order to improve the readiness of 
     the fleet.


                OPERATION AND MAINTENANCE, MARINE CORPS

       The conference agreement on items addressed by either the 
     House or the Senate is as follows:

[[Page 20478]]

     
     


[[Page 20479]]



[[Page 20480]]

                      PERSONAL PROTECTIVE EYEWEAR

       The conferees do not agree to the reporting requirements 
     carried in the Senate report accompanying the Department of 
     Defense Appropriations Act, 2012 regarding the Marine Corps' 
     personal protective eyewear. However, the conferees remain 
     committed to ensuring that the Marine Corps' acquisition 
     program and its performance meet the standards and procedures 
     required for these important protective devices.


                  OPERATION AND MAINTENANCE, AIR FORCE

       The conference agreement on items addressed by either the 
     House or the Senate is as follows:

[[Page 20481]]

     
     


[[Page 20482]]



[[Page 20483]]



[[Page 20484]]



[[Page 20485]]



[[Page 20486]]



[[Page 20487]]




                VISIBILITY OF DEPOT MAINTENANCE FUNDING

       All depot maintenance funding contained in the Air Force's 
     fiscal year 2012 budget request has been identified, 
     consolidated, and displayed in the Depot Maintenance 
     Subactivity Group. In fiscal year 2013, all depot maintenance 
     funds requested in the budget must be discretely visible and 
     fully justified. Air Force officials have provided assurances 
     that contracts will be modified as necessary to include 
     specific accounting of depot maintenance costs and that 
     implementation of the Air Force's Next Generation Contractor 
     Logistics Support concept will provide needed data in the 
     required format to achieve full cost visibility and proper 
     accounting of depot maintenance funding in the future.

                Operation and Maintenance, Defense-Wide

       The conference agreement on items addressed by either the 
     House or the Senate is as follows:

[[Page 20488]]

     
     


[[Page 20489]]



[[Page 20490]]



[[Page 20491]]



[[Page 20492]]

                Operation and Maintenance, Army Reserve

       The conference agreement on items addressed by either the 
     House or the Senate is as follows:

[[Page 20493]]

     
     


[[Page 20494]]



[[Page 20495]]

                Operation and Maintenance, Navy Reserve

       The conference agreement on items addressed by either the 
     House or the Senate is as follows:

[[Page 20496]]

     
     


[[Page 20497]]



[[Page 20498]]



[[Page 20499]]

            Operation and Maintenance, Marine Corps Reserve

       The conference agreement on items addressed by either the 
     House or the Senate is as follows:

[[Page 20500]]

     
     


[[Page 20501]]



              Operation and Maintenance, Air Force Reserve

       The conference agreement on items addressed by either the 
     House or the Senate is as follows:

[[Page 20502]]

     
     


[[Page 20503]]

             Operation and Maintenance, Army National Guard

       The conference agreement on items addressed by either the 
     House or the Senate is as follows:

[[Page 20504]]

     
     


[[Page 20505]]



[[Page 20506]]



[[Page 20507]]

             Operation and Maintenance, Air National Guard

       The conference agreement on items addressed by either the 
     House or the Senate is as follows:

[[Page 20508]]

     
     


[[Page 20509]]



[[Page 20510]]



         United States Court of Appeals for the Armed Services

       The conference agreement provides $13,861,000 for the 
     United States Court of Appeals for the Armed Services, as 
     proposed by both the House and the Senate.

                       Environmental Restoration

       The conference agreement provides $1,517,363,000 for the 
     Environmental Restoration program, as proposed by the Senate, 
     instead of $1,467,363,000 as proposed by the House.


                  Contract Oversight and Transparency

       The conferees are pleased that the adoption of performance-
     based contracting has led to increased efficiencies within 
     the Department of Defense Environmental Restoration program. 
     However, improved oversight and management would bring even 
     greater benefits. The conferees direct the Secretary of 
     Defense to implement measures to improve management of the 
     program and to institute a process by which better oversight 
     can be conducted of the contracting process and progress of 
     cleanup.
       Additionally, included as part of the Defense Environmental 
     Program's Annual Report to Congress, the Secretary of Defense 
     is directed to provide the following information: the amount 
     of environmental restoration funding provided to each 
     installation during the previous year as well as the 
     subsequent reduction in the projected cost-to-complete at 
     that installation, a listing along with explanation of those 
     installations where the cost-to-complete is not reduced by 
     the corresponding amount of monetary investment, a detailed 
     justification regarding any increase of ten percent or more 
     in the projected cost-to-complete from the previous year at 
     an installation, and a detailed justification for any 
     installation in which the projected ``response complete'' 
     date has been delayed by a year or more from the previous 
     year.

                    Environmental Restoration, Army

       The conference agreement provides $346,031,000 for 
     Environmental Restoration, Army, as proposed by both the 
     House and the Senate.

                    Environmental Restoration, Navy

       The conference agreement provides $308,668,000 for 
     Environmental Restoration, Navy, as proposed by both the 
     House and the Senate.

                  Environmental Restoration, Air Force

       The conference agreement provides $525,453,000 for 
     Environmental Restoration, Air Force, as proposed by both the 
     House and the Senate.

                Environmental Restoration, Defense-Wide

       The conference agreement provides $10,716,000 for 
     Environmental Restoration, Defense-Wide, as proposed by both 
     the House and the Senate.

         Environmental Restoration, Formerly Used Defense Sites

       The conference agreement provides $326,495,000 for 
     Environmental Restoration, Formerly Used Defense Sites, as 
     proposed by the Senate, instead of $276,495,000 as proposed 
     by the House.


           NAtional Capital Region Environmental Health Study

       The conferees encourage the Secretary of Defense to support 
     both new and ongoing public health scoping studies of densely 
     populated residential communities located on or near formerly 
     used defense sites that have conducted research and tested 
     chemical agents, equipment, and munitions.

             Overseas Humanitarian, Disaster, and Civic Aid

       The conference agreement provides $107,662,000 for Overseas 
     Humanitarian, Disaster, and Civic Aid, as proposed by both 
     the House and the Senate.

                  Cooperative Threat Reduction Account

       The conference agreement provides $508,219,000 for the 
     Cooperative Threat Reduction Account, as proposed by both the 
     House and the Senate.

      Department of Defense Acquisition Workforce Development Fund

       The conference agreement provides $105,501,000 for the 
     Department of Defense Acquisition Workforce Development Fund 
     (DAWDF), as proposed by the House, instead of $175,501,000 as 
     proposed by the Senate, a reduction of $200,000,000 below the 
     request.
       Along with the funding reduction due to carryover from 
     large unobligated balances for the past several years, the 
     conferees believe the Department should reassess further 
     growth of its acquisition workforce in light of two 
     considerations. First, the goal of 147,000 personnel set 
     forth in the 2010 Human Capital Plan Update should be 
     revisited considering today's uncertain fiscal environment 
     and budgetary outlook. For example, 10 USC 1705 mandates 
     annual funding floors for the DAWDF--floors that exceed 
     $1,000,000,000 in the outyears. The conferees believe that 
     these floors may need to be adjusted and direct the Secretary 
     of Defense to provide recommendations for appropriate funding 
     levels to the congressional defense committees not later than 
     180 days after enactment of this Act. Second, the conferees 
     are aware that the Department has not yet completed 
     competency assessments for all of the functional areas that 
     compose this workforce, which suggests the ability to assess 
     the full range of required competencies within the workforce 
     may be limited. Having these assessments completed is 
     essential to understanding how best to prioritize future 
     hiring and to optimize workforce training. The conferees 
     direct the Secretary of Defense to publish a revised 
     strategic Human Capital Plan Update for the defense 
     acquisition workforce not later than August 1, 2012, 
     detailing future workforce needs. In so doing, the conferees 
     expect the Secretary to ensure that competency assessments 
     for all functional areas that make up the defense acquisition 
     workforce are completed, using DAWDF resources to facilitate 
     this task if necessary.
       To assist in the Human Capital Plan Update, the conferees 
     direct the Comptroller General to report on the funding 
     mechanisms and statutory limits established for the DAWDF 
     through Section 852 of the National Defense Authorization 
     Act, 2008 and codified by 10 USC 1705 to the congressional 
     defense committees not later than 180 days after enactment of 
     this Act. The current statute should be revisited in the near 
     term. Absent this, the Department will be forced either to 
     over-commit precious resources or violate the law, neither of 
     which is an acceptable option. Therefore, the Comptroller 
     General report should include recommendations to improve the 
     overall funding process for the DAWDF.

                         TITLE III--PROCUREMENT

       The conference agreement provides $104,579,701,000 in Title 
     III, Procurement, instead of $107,581,474,000 as proposed by 
     the House and $102,118,282,000 as proposed by the Senate. The 
     conference agreement on items addressed by either the House 
     or the Senate is as follows:

[[Page 20511]]

     
     


[[Page 20512]]




                         SPECIAL INTEREST ITEMS

       Items for which additional funds have been provided as 
     shown in the project level tables or in paragraphs using the 
     phrase ``only for'' or ``only to'' in this report are 
     congressional special interest items for the purpose of the 
     Base for Reprogramming (DD Form 1414). Each of these items 
     must be carried on the DD Form 1414 at the stated amount 
     specifically addressed in the explanatory statement.


            REPROGRAMMING GUIDANCE FOR ACQUISITION ACCOUNTS

       The conferees direct the Department of Defense to continue 
     to follow the reprogramming guidance specified in the report 
     accompanying the House version of the fiscal year 2006 
     Department of Defense Appropriations bill (H.R. 109-119). 
     Specifically, the dollar threshold for reprogramming funds 
     will remain at $20,000,000 for procurement and $10,000,000 
     for research, development, test and evaluation. The 
     Department shall continue to follow the limitation that prior 
     approval reprogrammings are set at either the specified 
     dollar threshold or 20 percent of the procurement or 
     research, development, test and evaluation line, whichever is 
     less. These thresholds are cumulative. Therefore, if the 
     combined value of transfers into or out of a procurement (P-
     1) or research, development, test and evaluation (R-1) line 
     exceeds the identified threshold, the Department of Defense 
     must submit a prior approval reprogramming to the 
     congressional defense committees. In addition, guidelines on 
     the application of prior approval reprogramming procedures 
     for congressional special interest items are established 
     elsewhere in this statement.


                  REPROGRAMMING REPORTING REQUIREMENTS

       The conferees direct the Under Secretary of Defense 
     (Comptroller) to continue to provide the congressional 
     defense committees quarterly, spreadsheet-based DD Form 1416 
     reports for Service and defense-wide accounts in titles III 
     and IV of this Act as required in the explanatory statement 
     accompanying the Department of Defense Appropriations Act, 
     2006.


                          JOINT STRIKE FIGHTER

       The conference agreement reduces the budget request by 
     $151,000,000 for the procurement of one F-35A Conventional 
     Take-off and Landing aircraft, by $94,500,000 for advance 
     procurement of Conventional Take-off and Landing aircraft, 
     and by $109,000,000 for advance procurement of Carrier 
     Variant aircraft. Additionally, the conferees are concerned 
     with the cost of concurrency changes on the Joint Strike 
     Fighter program and provide $100,000,000 to help offset the 
     cost of concurrency for lot six aircraft and previously 
     procured aircraft. The conferees encourage the Joint Strike 
     Fighter Team to review processes and oversight of concurrency 
     changes and establish a process that will reduce the time it 
     takes to discover a problem, develop a solution, and 
     implement this solution to reduce future concurrency change 
     costs.
       The conferees recognize that, for a variety of reasons, the 
     Joint Strike Fighter program is burdened with what could be 
     the highest level of concurrency ever seen in an acquisition 
     program. Therefore, the conferees direct the Secretary of 
     Defense to provide a semi-annual report to the congressional 
     defense committees that shows the actual concurrency costs 
     for the Joint Strike Fighter program. The report showing 
     these actual concurrency costs shall be made available to the 
     Director, Cost Assessment and Program Evaluation for the 
     purposes of cost estimating and to develop lessons learned 
     from allowing programmatic concurrency, so this cost can be 
     considered when decisions are made regarding allowing such a 
     high degree of concurrency in future programs.

                       AIRCRAFT PROCUREMENT, ARMY

       The conference agreement on items addressed by either the 
     House or the Senate is as follows:

[[Page 20513]]

     
     


[[Page 20514]]



[[Page 20515]]



[[Page 20516]]



[[Page 20517]]

                       MISSILE PROCUREMENT, ARMY

       The conference agreement on items addressed by either the 
     House or the Senate is as follows:

[[Page 20518]]

     
     


[[Page 20519]]



[[Page 20520]]

        PROCUREMENT OF WEAPONS AND TRACKED COMBAT VEHICLES, ARMY

       The conference agreement on items addressed by either the 
     House or the Senate is as follows:

[[Page 20521]]

     
     


[[Page 20522]]



[[Page 20523]]



[[Page 20524]]

                                M1 TANK

       The conferees are aware that the Army has been reviewing 
     alternative courses of action for future tank production. 
     Options have been studied ranging from a temporary shutdown 
     and storage of facilities to adding funds to the tank program 
     in order to maintain a steady flow of new tanks and a ready 
     capacity in case of urgent need. Both the House and the 
     Senate added funds for the Abrams Upgrade Program in fiscal 
     year 2012. The House proposed a funding increase of 
     $272,000,000 and the Senate proposed a funding increase of 
     $240,000,000. The conference agreement provides an additional 
     amount of $255,000,000 above the President's request to 
     continue upgrading M1 tanks to the M1A2SEP variant. The 
     additional funding supports production of 42 additional 
     M1A2SEP tanks. The conferees direct the Secretary of the Army 
     to provide a report not later than 60 days after enactment of 
     this Act on the plan for the use of the additional funds, 
     including the plan to sustain tank production.

                    PROCUREMENT OF AMMUNITION, ARMY

       The conference agreement on items addressed by either the 
     House or the Senate is as follows:

[[Page 20525]]

     
     


[[Page 20526]]



[[Page 20527]]



[[Page 20528]]

                        OTHER PROCUREMENT, ARMY

       The conference agreement on items addressed by either the 
     House or the Senate is as follows: 

[[Page 20529]]

     
     


[[Page 20530]]



[[Page 20531]]



[[Page 20532]]



[[Page 20533]]



[[Page 20534]]



[[Page 20535]]



[[Page 20536]]



[[Page 20537]]



[[Page 20538]]



[[Page 20539]]

                       AIRCRAFT PROCUREMENT, NAVY

       The conference agreement on items addressed by either the 
     House or the Senate is as follows: 

[[Page 20540]]

     
     


[[Page 20541]]



[[Page 20542]]



[[Page 20543]]



[[Page 20544]]



[[Page 20545]]



[[Page 20546]]

                      MQ-8 UNMANNED AERIAL VEHICLE

       The conference agreement provides $191,986,000 for the 
     procurement of 12 MQ-8 unmanned aerial vehicles and 
     associated support equipment. Although the budget 
     justification materials provided by the Navy were unclear 
     about the MQ-8 model to be procured, the conferees understand 
     that the Navy will actually procure the longer range MQ-8C 
     variant. The conferees fully support this decision as the 
     longer range will provide greater operational flexibility for 
     the various missions the aircraft is expected to conduct.

                       WEAPONS PROCUREMENT, NAVY

       The conference agreement on items addressed by either the 
     House or the Senate is as follows: 

[[Page 20547]]

     
     


[[Page 20548]]



[[Page 20549]]



[[Page 20550]]

            PROCUREMENT OF AMMUNITION, NAVY AND MARINE CORPS

       The conference agreement on items addressed by either the 
     House or the Senate is as follows:

[[Page 20551]]

     
     


[[Page 20552]]



[[Page 20553]]



[[Page 20554]]

                   SHIPBUILDING AND CONVERSION, NAVY

       The conference agreement on items addressed by either the 
     House or the Senate is as follows:

[[Page 20555]]

     
     


[[Page 20556]]



[[Page 20557]]

                        OTHER PROCUREMENT, NAVY

       The conference agreement on items addressed by either the 
     House or the Senate is as follows:

[[Page 20558]]

     
     


[[Page 20559]]



[[Page 20560]]



[[Page 20561]]



[[Page 20562]]



[[Page 20563]]



[[Page 20564]]



[[Page 20565]]



[[Page 20566]]



[[Page 20567]]



[[Page 20568]]

                       Procurement, Marine Corps

       The conference agreement on items addressed by either the 
     House or the Senate is as follows:

[[Page 20569]]

     
     


[[Page 20570]]



[[Page 20571]]



[[Page 20572]]



[[Page 20573]]

                    Aircraft Procurement, Air Force

       The conference agreement on items addressed by either the 
     House or the Senate is as follows:

[[Page 20574]]

     
     


[[Page 20575]]



[[Page 20576]]



[[Page 20577]]



[[Page 20578]]



[[Page 20579]]



[[Page 20580]]

                       RETIREMENT OF B-1 AIRCRAFT

       The fiscal year 2012 budget request includes a proposal to 
     retire six B-1 bomber aircraft. The conferees understand that 
     the B-1 fleet continues to operate almost constantly over 
     Afghanistan in support of troops on the ground and that the 
     B-1 is a critical component of the Nation's long-range strike 
     capabilities. The Air Force proposed to reinvest less than 40 
     percent of the savings from aircraft retirements in the B-1 
     modernization program across the Future Years Defense 
     Program. The conferees are concerned that premature 
     retirement of six B-1 aircraft could negatively impact long-
     range strike capabilities. Therefore, the conferees direct 
     the Secretary of the Air Force to reinvest a larger portion 
     of savings realized from B-1 aircraft retirements, to the 
     extent authorized by law, in the sustainment and 
     modernization of the B-1 fleet.

                     Missile Procurement, Air Force

       The conference agreement on items addressed by either the 
     House or the Senate is as follows:

[[Page 20581]]

     
     


[[Page 20582]]



[[Page 20583]]



[[Page 20584]]

SPACE ACQUISITION AND THE EVOLUTIONARY ACQUISITION FOR SPACE EFFICIENCY 
                               ACTIVITIES

       The conferees continue to support block buys of satellites 
     that are evolved from previous designs as described in the 
     ``Evolutionary Acquisition for Space Efficiency (EASE)'' 
     concept. However, the conferees remain concerned that the 
     details associated with the technology insertion program are 
     missing in the budget justification material. Therefore, the 
     conferees direct that of the funds appropriated for the 
     Advanced Extremely High Frequency (AEHF) system Capabilities/
     Affordability Insertion Program (CAIP), no more than 50 
     percent shall be available for obligation until the Secretary 
     of the Air Force submits a report to the congressional 
     defense committees on the individual CAIP efforts with a 
     description of the technology insertion plans being pursued. 
     Further, the conferees direct the Secretary of the Air Force 
     to include the detailed budget definition for each of the 
     CAIP efforts in the R-3 documents for the fiscal year 2013 
     and future budget submissions. The conferees also direct that 
     not more than the specified amounts shall be obligated for 
     the AEHF CAIP/Space Modernization Initiative unless the 
     Secretary of the Air Force notifies the congressional defense 
     committees in writing 15 days prior to the obligation of 
     funds which exceeds the following amounts: $28,300,000 for 
     cryptology parts obsolescence; $20,000,000 for radiation 
     hardened parts technologies; $3,200,000 for remotely piloted 
     aircraft concept definition; $58,700,000 for protected 
     military satellite communications (MILSATCOM) designs for 
     affordability; $7,000,000 for hosted payloads; and 
     $25,000,000 for MILSATCOM architecture and support.
       In addition, the conferees reiterate their opposition to 
     using advance appropriations for procurement of satellites 
     and recommend that an alternative concept be proposed in 
     future budget submissions.
       Finally, the conferees are disappointed that it took the 
     Department of Defense over two years to develop a 15-year 
     space strategic plan. It is the intention of the conferees 
     that such plans be regularly developed and updated; 
     therefore, the conferees direct that the next 15-year space 
     strategic plan be delivered with the fiscal year 2014 budget 
     submission.

                  Procurement of Ammunition, Air Force

       The conference agreement on items addressed by either the 
     House or the Senate is as follows:

[[Page 20585]]

     
     


[[Page 20586]]



[[Page 20587]]

                      Other Procurement, Air Force

       The conference agreement on items addressed by either the 
     House or the Senate is as follows: 

[[Page 20588]]

     
     


[[Page 20589]]



[[Page 20590]]



[[Page 20591]]



[[Page 20592]]

                       Procurement, Defense-Wide

       The conference agreement on items addressed by either the 
     House or the Senate is as follows: 

[[Page 20593]]

     
     


[[Page 20594]]



[[Page 20595]]



[[Page 20596]]



[[Page 20597]]

                         SM-3 BLOCK IB MISSILE

       The fiscal year 2012 budget request includes $565,393,000 
     for the procurement of SM-3 Block IB missiles in support of 
     Aegis Ballistic Missile Defense. The conferees have been 
     informed by the Missile Defense Agency (MDA) that following a 
     recent flight test failure, those funds are partially ahead 
     of need. The conferees have also been informed that funding 
     is required for a failure review of the SM-3 Block IB, 
     sustainment of the industrial base, and the procurement of 
     SM-3 Block IA missiles before SM-3 Block IB missiles will be 
     procured. The conferees understand that the details of the 
     specific funding requirements are currently being analyzed by 
     MDA and direct MDA to submit a prior approval reprogramming 
     request prior to executing funds from this line.


      SPECIAL OPERATIONS COMMAND AVIATION FOREIGN INTERNAL DEFENSE

       The conferees are aware of ongoing reviews of the proposed 
     expansion of the Aviation Foreign Internal Defense (AvFID) 
     mission in the Special Operations Command. While these 
     reviews are not yet complete, the conferees believe that the 
     rapid expansion of this mission, as proposed in the fiscal 
     year 2012 budget request, must be tempered. The agreement 
     contains reductions of $45,000,000 from procurement of AvFID 
     fixed-wing aircraft, $10,000,000 from procurement of an AvFID 
     rotary-wing aircraft simulator, and $17,607,000 from 
     operation and maintenance for aircraft that will not deliver 
     until fiscal year 2013. The agreement fully funds the 
     procurement of two AvFID rotary-wing aircraft and associated 
     support equipment.
       The conferees direct that no funds provided for fixed-wing 
     Aviation Foreign Internal Defense aircraft may be obligated 
     until 30 days after submission of a report by the Commander, 
     Special Operations Command to the congressional defense 
     committees describing how the funds will be used to support 
     the AvFID or the non-standard aviation (NSAV) missions, a 
     summary of AvFID and NSAV funding contained in the fiscal 
     year 2013 budget request and the Future Years Defense 
     Program, and an analysis of alternatives used to justify the 
     described program. The report shall be submitted not later 
     than February 15, 2012.

                    Defense Production Act Purchases

       The conference agreement on items addressed by either the 
     House or the Senate is as follows:

                EXPLANATION OF PROJECT LEVEL ADJUSTMENTS
                        [in thousands of dollars]
------------------------------------------------------------------------
                                                   Budget
                      P-1                         request     Conference
------------------------------------------------------------------------
DEFENSE PRODUCTION ACT:
  GALLIUM NITRIDE RADAR AND ELECTRONIC WARFARE        8,373        8,373
   MONOLITHIC MICROWAVE INTEGRATED CIRCUITS...
  GALLIUM NITRIDE ADVANCED ELECTRONIC WARFARE         2,321        2,321
   MONOLITHIC MICROWAVE INTEGRATED CIRCUITS...
  LITHIUM ION (LI ION) BATTERY PRODUCTION FOR           770          770
   SPACE......................................
  CADMIUM ZINC TELLURIDE SUBSTRATE PRODUCTION.        1,900        1,900
  READ OUT INTEGRATED CIRCUIT FOUNDRY                 1,200        1,200
   IMPROVEMENT AND SUSTAINABILITY.............
  SPACE QUALIFIED SOLAR CELL SUPPLY CHAIN.....          600          600
  TRAVELING WAVE TUBE AMPLIFIERS..............        1,310        1,310
  COMPLEMENTARY METAL OXIDE SEMICONDUCTOR             1,800        1,800
   FOCAL PLAN ARRAYS FOR VISIBLE SENSORS FOR
   STAR TRACKERS..............................
  ADVANCED PROJECTS...........................        1,690        1,690
  PROGRAM INCREASE............................  ...........      150,000
                                               -------------------------
    TOTAL, DEFENSE PRODUCTION ACT.............       19,964      169,964
------------------------------------------------------------------------

                          LONG TERM CONTRACTS

       The conferees believe that the time and money being 
     invested by the Department of Defense in biofuels and 
     alternative energy will reap dividends not only for the 
     Nation's armed forces, but eventually for the Nation itself. 
     The conferees want the Department to be in the best position 
     possible to take advantage of the expected breakthroughs in 
     this area and encourage the Department to eventually pursue 
     extended multi-year contracts, pursuant to the Financial 
     Management Regulation, for biofuels products in order to 
     maximize efficiencies of scale for the best purchase price.


                           ADDITIONAL FUNDING

       The conferees recognize the critical role the Defense 
     Production Act program serves in strengthening the Nation's 
     industrial base. Therefore, the conferees provide 
     $150,000,000 over the budget request to supplement this 
     important program. As stated in the Senate report, the 
     conferees direct the Under Secretary of Defense (Acquisition, 
     Technology and Logistics) to award this funding to multiple 
     projects using full and open competition and to notify the 
     congressional defense committees not later than 30 days in 
     advance of this funding being obligated.

          TITLE IV--RESEARCH, DEVELOPMENT, TEST AND EVALUATION

       The conference agreement provides $72,420,675,000 in Title 
     IV, Research, Development, Test and Evaluation, instead of 
     $72,983,469,000 as proposed by the House and $71,033,956,000 
     as proposed by the Senate. The conference agreement on items 
     addressed by either the House or the Senate is as follows:

[[Page 20598]]

     
     


[[Page 20599]]

                         SPECIAL INTEREST ITEMS

       Items for which additional funds have been provided as 
     shown in the project level tables or in paragraphs using the 
     phrase ``only for'' or ``only to'' in this report are 
     congressional special interest items for the purpose of the 
     Base for Reprogramming (DD Form 1414). Each of these items 
     must be carried on the DD Form 1414 at the stated amount 
     specifically addressed in the explanatory statement.


            REPROGRAMMING GUIDANCE FOR ACQUISITION ACCOUNTS

       The conferees direct the Department of Defense to continue 
     to follow the reprogramming guidance specified in the report 
     accompanying the House version of the fiscal year 2006 
     Department of Defense Appropriations bill (H.R. 109-119). 
     Specifically, the dollar threshold for reprogramming funds 
     will remain at $20,000,000 for procurement and $10,000,000 
     for research, development, test and evaluation. The 
     Department shall continue to follow the limitation that prior 
     approval reprogrammings are set at either the specified 
     dollar threshold or 20 percent of the procurement or 
     research, development, test and evaluation line, whichever is 
     less. These thresholds are cumulative. Therefore, if the 
     combined value of transfers into or out of a procurement (P-
     1) or research, development, test and evaluation (R-1) line 
     exceeds the identified threshold, the Department of Defense 
     must submit a prior approval reprogramming to the 
     congressional defense committees. In addition, guidelines on 
     the application of prior approval reprogramming procedures 
     for congressional special interest items are established 
     elsewhere in this statement.


                  REPROGRAMMING REPORTING REQUIREMENTS

       The conferees direct the Under Secretary of Defense 
     (Comptroller) to continue to provide the congressional 
     defense committees quarterly, spreadsheet-based DD Form 1416 
     reports for service and defense-wide accounts in titles III 
     and IV of this Act as required in the explanatory statement 
     accompanying the Department of Defense Appropriations Act, 
     2006.


           DEPARTMENT OF DEFENSE AND SERVICE CYBER ACTIVITIES

       The conferees acknowledge the threat to and from the cyber 
     realm has been well documented; however, the resources being 
     expended against the threat have not. In order to better 
     evaluate the planning and resourcing for Department of 
     Defense cyber activities, the conferees direct the Commander, 
     United States Cyber Command, in coordination with the 
     Secretary of Defense and each of the Service Secretaries, to 
     provide the congressional defense committees separate budget 
     justification material, in the form of the budget documents 
     as defined in the Department's own Financial Management 
     Regulation, that details the year-to-year budgets, schedule, 
     and milestone goals over the Future Years Defense Program for 
     the individual programs that support the goals of the cyber 
     initiative. The programs detailed must include cyberspace 
     operations, computer network operations, information 
     assurance, and full spectrum cyber operations for the 
     Department of Defense and the Services.
       The conferees suggest that the Department continue to 
     refine what activities, budget lines, and programs should be 
     considered cyber in order to better coordinate and track 
     these budgets.

            Research, Development, Test and Evaluation, Army

       The conference agreement on items addressed by either the 
     House or the Senate is as follows:

[[Page 20600]]

     
     


[[Page 20601]]



[[Page 20602]]



[[Page 20603]]



[[Page 20604]]



[[Page 20605]]



[[Page 20606]]



[[Page 20607]]



[[Page 20608]]



[[Page 20609]]



[[Page 20610]]



[[Page 20611]]

                   ARMY MODERNIZATION AND ACQUISITION

       The conferees agree with the Army's steps to improve 
     acquisition processes through implementation of the Decker-
     Wagner Army Acquisition Review findings as well as 
     introducing other metrics and monthly reports to enable and 
     strengthen senior civilian oversight across all Army 
     modernization portfolios. The conferees believe continued 
     acquisition improvement is only achievable with a strong, 
     stable acquisition workforce and therefore urge the Secretary 
     of the Army and the Secretary of Defense to guard against 
     misguided efforts that shrink the acquisition workforce as 
     was done in the 1990s with disastrous results. The conferees 
     also believe that even with improvements in acquisition 
     processes and a stable workforce, these steps alone will not 
     ensure that the Army will achieve its modernization 
     objectives.
       After both the House and Senate Appropriations Committees 
     completed their reviews of the fiscal year 2012 budget 
     request, the Army provided additional information for its 
     top-ten priority programs. Of these top-ten programs, six 
     programs had undergone significant acquisition strategy 
     modifications causing schedule and programmatic 
     perturbations. As a result of these changes, the Army 
     identified over $1,000,000,000 from its original fiscal year 
     2012 budget request as excess to its funding requirements in 
     fiscal year 2012. Additionally, the Army notified the 
     congressional defense committees of over $309,000,000 in 
     excess funds from its budget request due to program 
     terminations and requested transfers of over $282,000,000 
     among ten different programs. This magnitude of change in 
     funding across a multitude of programs, identified after 
     submitting the budget only ten months prior, indicates a 
     pervasive instability in Army programs.
       While the conferees recognize that ten years of continuous 
     war can force out-of-cycle changes, the Army's acquisition 
     challenges precede the post-September 11, 2001 war efforts. 
     Since 1995, the Army has spent $32,000,000,000 on development 
     of 22 programs that were eventually cancelled. The conferees 
     believe this history of programmatic instability indicates a 
     lack of focus and discipline in the requirements generation 
     process that must be corrected before the Army will see any 
     improvement in its ability to successfully modernize. 
     Improvement must begin with clearly documented, stable, and 
     affordable requirements. The conferees are aware that Army 
     acquisition has taken on the responsibility of vetting each 
     requirement for technical maturity and affordability prior to 
     initiating a contract action, but the conferees are concerned 
     that this is a short-term correction to a larger 
     institutional problem with the requirements generation 
     process.
       Furthermore, while the conferees congratulate the Army on 
     the success of the newly implemented Network Integration 
     Evaluations, which ensure new equipment is interoperable, 
     effective, and adds benefit to deployed troops, the process 
     has revealed that a handful of programs would not be 
     effective if deployed. The evaluations are causing the Army 
     to reevaluate, restructure, and even terminate several 
     programs that began years ago with established requirements. 
     Thus, the conferees question the long-standing requirements 
     process that serves as the foundation for Army modernization. 
     Therefore, in addition to implementing changes identified in 
     the Decker-Wagner Army Acquisition Review, the Secretary of 
     the Army is encouraged to undertake a similar examination of 
     the requirements generation process.


   FUTURE COMBAT SYSTEMS' SYSTEM OF SYSTEMS ENGINEERING AND PROGRAM 
             MANAGEMENT AND NETWORK INTEGRATION EVALUATION

       The conference agreement provides $298,872,000 for the 
     Future Combat Systems' System of Systems Engineering and 
     Program Management, instead of $311,872,000 as proposed by 
     the House and $283,872,000 as proposed by the Senate. The 
     conferees note that this line now funds the Army's bi-annual 
     Network Integration Evaluations (NIE). The conferees support 
     the NIE and direct the Army to regularly update the 
     congressional defense committees on the cost, schedule, 
     scope, and methods for the tests and other associated reviews 
     to be accomplished in the NIE, as well as outcomes and 
     findings. Additionally, the conferees are aware of the 
     savings the Army has achieved in Future Combat Systems 
     termination costs and the lower costs projected for the 
     fiscal year 2012 NIE. The conferees note that the continued 
     use of the former ``Future Combat Systems'' terminology has 
     become a counter-productive distraction and recommend 
     updating program descriptions to improve communications among 
     those who review and shape defense appropriations and to more 
     accurately reflect the purpose for which appropriations are 
     requested. The conferees believe that funding requirements 
     for the NIE should be presented distinctly and separately in 
     future budget submissions.


          ACTIVE AND SEMI-ACTIVE VEHICLE SUSPENSION COMPONENTS

       The conferees are aware that the Army has begun the testing 
     and development of active and semi-active vehicle suspension 
     components with regenerative capabilities. The conferees 
     understand that this technology may improve vehicle fuel 
     efficiency and reduce maintenance. Accordingly, the conferees 
     encourage the Army to continue the testing and development of 
     this technology and to fully explore the potential benefits 
     for application across vehicle programs.


         SUPPORT FOR BASE REALIGNMENT AND CLOSURE 2005 ACTIONS

       The conferees support actions taken by the Army and the 
     Defense Logistics Agency to fully fund the integration of 
     their information technology systems in a timely manner to 
     support the 2005 Base Realignment and Closure (BRAC) 
     Commission's mandate to transfer re-procurement of depot 
     level repairables. The conferees are aware that although the 
     BRAC Commission determined the transfer has the potential to 
     save millions of dollars, the Government Accountability 
     Office has recently concluded that the savings are 
     jeopardized by inadequate up-front funding for BRAC 
     implementation. The conferees note that the Army's Tank and 
     Automotive Research, Development, and Engineering Command 
     (TARDEC) manages the repository of all ground vehicle 
     technical data for the Army, and has built infrastructure for 
     use by all Army programs to store weapons system technical 
     information, drawings, and specifications. The conferees urge 
     that the TARDEC use funds available for this effort to assist 
     in meeting the 2005 BRAC recommendation for depot-level 
     repairable transfer.


                     ARMORED MULTI-PURPOSE VEHICLE

       The conferees recommend $14,300,000 for the Armored Multi-
     purpose Vehicle instead of $31,400,000 as proposed by the 
     House and no funding as proposed by the Senate. The conferees 
     note that the requirement to find a replacement for the M113 
     series of vehicles has received scant attention for too long. 
     The conferees believe that prompt and decisive action is 
     needed to select and advance a near-term solution rather than 
     continuing a long-term search for the perfect solution. The 
     conferees note that the recommendation fully funds the 
     Analysis of Alternatives, as requested by the Army. 
     Subsequently, after notification to the congressional defense 
     committees, available funds may be applied to expedite the 
     acquisition effort.


                         GROUND COMBAT VEHICLE

       The conferees recommend $449,387,000 for the Ground Combat 
     Vehicle, instead of $768,053,000 as proposed by the House and 
     $240,387,000 as proposed by the Senate. The conferees have 
     been informed of a change to the acquisition strategy and 
     note that the recommendation fully funds this revised 
     strategy.


                         ARMED SCOUT HELICOPTER

       The conferees recommend no funding for technology 
     development of the Armed Scout Helicopter (ASH), instead of 
     $63,690,000 as proposed by the House and $4,761,000 as 
     proposed by the Senate, because contrary to plans submitted 
     with the fiscal year 2012 budget submission, the Army does 
     not plan to award a technology development contract in fiscal 
     year 2012. The conferees recommend $15,000,000 for a flight 
     demonstration of ASH capabilities, as requested by the Army. 
     The conferees understand that this flight demonstration will 
     occur in the spring of 2012, and direct the Army to brief the 
     congressional defense committees in detail on the outcome of 
     this demonstration not later than 30 days after its 
     completion.


                      JOINT LIGHT TACTICAL VEHICLE

       The budget request includes $243,940,000 within Army and 
     Marine Corps accounts for the development of the Joint Light 
     Tactical Vehicle (JLTV). The JLTV program has undergone 
     significant changes since its inception and the submission of 
     the fiscal year 2012 budget request. The principal reason for 
     the changes is the discovery that the plan to acquire 
     multiple variants of a limited number of vehicles with 
     demanding performance specifications would result in an 
     unaffordable program for both the Army and Marine Corps. As a 
     result, the program will now pursue a competitively-selected 
     single vehicle with a less complex design on a significantly 
     accelerated timeline.
       The conferees are encouraged to see the Army and Marine 
     Corps taking definitive action to change their approach in 
     evaluating requirements, technology, key performance 
     parameters, and costs as they apply to this acquisition 
     program. Continuing on the nine year path of studies, 
     development, and testing to field a lightweight tactical 
     vehicle that will carry four passengers and 3,500 pounds of 
     cargo onto the battlefield was unacceptable.
       Recognizing the renewed focus and approach, the conference 
     agreement provides $87,300,000 in Research, Development, Test 
     and Evaluation, Army and $46,700,000 in Research, 
     Development, Test and Evaluation, Navy for continued JLTV 
     development, in accordance with revised estimates for the 
     program. The conferees strongly encourage the Army and Marine 
     Corps, in conjunction with the Under Secretary of Defense 
     (Acquisition, Technology and Logistics), to examine the 
     feasibility of accelerating a competition for production 
     through more efficient testing and acquisition practices and 
     by embracing off-the-shelf technology demonstrated by 
     industry so that improved vehicles are delivered to the 
     warfighter as soon

[[Page 20612]]

     as possible. Accordingly, the Army and Marine Corps are 
     encouraged to acquire, test, and evaluate, as necessary, 
     available off-the-shelf systems that meet the essential 
     program requirements.

            Research, Development, Test and Evaluation, Navy

       The conference agreement on items addressed by either the 
     House or the Senate is as follows:

[[Page 20613]]

     
     


[[Page 20614]]



[[Page 20615]]



[[Page 20616]]



[[Page 20617]]



[[Page 20618]]



[[Page 20619]]



[[Page 20620]]



[[Page 20621]]



[[Page 20622]]



[[Page 20623]]



[[Page 20624]]



[[Page 20625]]

         Research, Development, Test and Evaluation, Air Force

       The conference agreement on items addressed by either the 
     House or the Senate is as follows:

[[Page 20626]]

     
     


[[Page 20627]]



[[Page 20628]]



[[Page 20629]]



[[Page 20630]]



[[Page 20631]]



[[Page 20632]]



[[Page 20633]]



[[Page 20634]]



[[Page 20635]]



[[Page 20636]]



[[Page 20637]]



[[Page 20638]]



[[Page 20639]]



[[Page 20640]]



[[Page 20641]]



[[Page 20642]]



[[Page 20643]]



[[Page 20644]]



[[Page 20645]]



[[Page 20646]]



[[Page 20647]]



[[Page 20648]]



[[Page 20649]]



[[Page 20650]]

                      Integrated Aircrew Ensemble

       The conference agreement provides $3,980,000 for the 
     Integrated Aircrew Ensemble (IAE), a decrease of $2,000,000 
     below the request. The conferees understand that the IAE will 
     provide more fully integrated upgrades to various flight 
     safety gear and special protections in unique threat 
     environments and is not a redesign of the current flight 
     suit. Given existing and prospective budget constraints, the 
     conferees urge the Air Force to proceed with the program in a 
     requirements-focused and fiscally sustainable manner.


                                 KC-46A

       The conferees direct the Secretary of the Air Force to 
     submit the reports regarding the KC-46A required in House 
     Report 112-110 on a quarterly basis, with the first report to 
     be submitted not later than March 30, 2012.

        Research, Development, Test and Evaluation, Defense-Wide

       The conference agreement on items addressed by either the 
     House or the Senate is as follows:

[[Page 20651]]

     
     


[[Page 20652]]



[[Page 20653]]



[[Page 20654]]



[[Page 20655]]



[[Page 20656]]



[[Page 20657]]



[[Page 20658]]



[[Page 20659]]



[[Page 20660]]



[[Page 20661]]



[[Page 20662]]



[[Page 20663]]



[[Page 20664]]

               DEFENSE ADVANCED RESEARCH PROJECTS AGENCY

       The conferees recommend a total of $166,122,000 in 
     undistributed reductions throughout the Defense Advanced 
     Research Projects Agency (DARPA). The conferees direct the 
     Director of DARPA to provide a report to the congressional 
     defense committees, not later than 60 days after enactment of 
     this Act, detailing by program element and project the 
     application of each undistributed reduction.


                          PROMPT GLOBAL STRIKE

       The fiscal year 2012 budget request includes $204,824,000 
     to continue the Prompt Global Strike program. The conferees 
     recommend $179,824,000, a reduction of $25,000,000, based on 
     program delays caused by two consecutive flight test failures 
     of the Hypersonic Technology Vehicle 2. The conferees remain 
     supportive of the Prompt Global Strike program and direct 
     that the reduction not be applied to the Advanced Hypersonic 
     Weapon program, which just completed a successful flight 
     demonstration.


         SPECIAL OPERATIONS COMMAND UNDERSEA MOBILITY CONCEPTS

       The fiscal year 2012 budget request includes $92,242,000 
     for several programs that are designed to collectively fill 
     the capability gap that remains following termination of the 
     Advanced SEAL Delivery System and its successor, the Joint 
     Multi-Mission Submersible. The conferees note that 
     unobligated prior year appropriations, combined with funds 
     provided in the Department of Defense Appropriations Act, 
     2012, would allow the Special Operations Command (SOCOM) to 
     award several commercial contracts to develop a Family of 
     Systems to meet its requirement. The conferees direct the 
     Commander, SOCOM to provide separate cost estimates for the 
     Technology Development and Engineering and Manufacturing 
     Development phases for each of the projects in support of 
     Undersea Mobility, as well as the estimated procurement 
     costs, with the fiscal year 2013 budget submission.


                      ISRAELI COOPERATIVE PROGRAMS

       The fiscal year 2012 budget request includes $106,100,000 
     to continue Israeli Cooperative Programs, a decrease of over 
     $100,000,000 from amounts appropriated in fiscal year 2011. 
     The conferees find the request insufficient and provide an 
     additional $129,600,000 to address Israel's security 
     requirements. Within this amount, $15,000,000 shall be used 
     only for the Low Rate Initial Production activities as 
     included in the David's Sling Weapon System project agreement 
     between the two governments.


                   MEDICAL COUNTERMEASURES INITIATIVE

       The conferees recommend $101,670,000, instead of 
     $151,670,000 as proposed by the House and no funding as 
     proposed by the Senate, for the Medical Countermeasures 
     Initiative (MCMI) System Development and Demonstration. The 
     conferees support the purpose of the MCMI program but are 
     concerned that synergies with other government programs have 
     not been sufficiently explored and that the government is 
     creating slightly distinct, yet largely redundant 
     capabilities. Therefore, the conferees direct the Assistant 
     Secretary of Defense (Nuclear, Chemical, and Biological 
     Defense Programs) to continue efforts to reduce costs and 
     program overlap.


                      90NM NEXT GENERATION FOUNDRY

       The recommendation includes no funding for the requested 
     90nm Next Generation Foundry, due to the lack of 
     justification in support of the budget submission. However, 
     the conferees recognize the criticality of ensuring a safe 
     and stable supply of microchips to the Department of Defense 
     and will revisit this issue in the future.

                Operational Test and Evaluation, Defense

       The conference agreement on items addressed by either the 
     House or the Senate is as follows:

[[Page 20665]]

     
     


[[Page 20666]]

                TITLE V--REVOLVING AND MANAGEMENT FUNDS

       The conference agreement provides $2,675,529,000 in Title 
     V, Revolving and Management Funds as proposed by the House, 
     instead of $2,262,529,000 as proposed by the Senate. The 
     conference agreement on items addressed by either the House 
     or the Senate is as follows:

[[Page 20667]]

     
     


[[Page 20668]]

                     Defense Working Capital Funds

       The conference agreement provides $1,575,010,000 for the 
     Defense Working Capital Funds as proposed by the House, 
     instead of $1,562,010,000 as proposed by the Senate.

                     National Defense Sealift Fund

       The conference agreement provides $1,100,519,000 for the 
     National Defense Sealift Fund as proposed by the House, 
     instead of $700,519,000 as proposed by the Senate.

                EXPLANATION OF PROJECT LEVEL ADJUSTMENTS
                        [in thousands of dollars]
------------------------------------------------------------------------
                                                   Budget
                                                  request     Conference
------------------------------------------------------------------------
STRATEGIC SHIP ACQUISITION....................      450,026      424,161
  Revised Mobile Landing Platform acquisition   ...........      -25,865
   strategy...................................
DoD MOBILIZATION ASSETS.......................      318,645      318,645
SEALIFT RESEARCH AND DEVELOPMENT..............       48,443       48,443
READY RESERVE FORCE OPERATION AND MAINTENANCE.      309,270      309,270
                                               --------------
    Total, National Defense Sealift Fund......    1,126,384    1,100,519
------------------------------------------------------------------------

             TITLE VI--OTHER DEPARTMENT OF DEFENSE PROGRAMS

       The conference agreement provides $35,593,020,000 in Title 
     VI, Other Department of Defense Programs, instead of 
     $35,677,681,000 as proposed by the House and $35,628,483,000 
     as proposed by the Senate. The conference agreement on items 
     addressed by either the House or the Senate is as follows:

[[Page 20669]]

     
     


[[Page 20670]]

                         Defense Health Program

       The conference agreement provides $32,482,059,000 for the 
     Defense Health Program, instead of $32,347,559,000 as 
     proposed by the House and $32,536,070,000 as proposed by the 
     Senate. The conference agreement on items addressed either by 
     the House or the Senate is as follows:

[[Page 20671]]

     
     


[[Page 20672]]



[[Page 20673]]

            DEFENSE HEALTH PROGRAM REPROGRAMMING PROCEDURES

       The conferees remain concerned over the transfer of funds 
     from Direct (or In-house) Care to pay for contractor-provided 
     medical care. To limit such transfers and continue oversight 
     within the Defense Health Program operation and maintenance 
     account, the conferees include bill language which caps the 
     funds available for Private Sector Care under the TRICARE 
     program subject to prior approval reprogramming procedures. 
     The bill language and accompanying statement language 
     included by the conferees should not be interpreted by the 
     Department of Defense as limiting the amount of funds that 
     may be transferred to the Direct Care System from other 
     budget activities within the Defense Health Program. In 
     addition, the conferees continue to designate the funding for 
     the Direct Care System as a special interest item. Any 
     transfer of funds from the Direct (or In-house) Care budget 
     activity into the Private Sector Care budget activity or any 
     other budget activity will require the Department of Defense 
     to follow prior approval reprogramming procedures.
       The Department shall also provide written notification to 
     the House and Senate Appropriations Committees of cumulative 
     transfers in excess of $15,000,000 out of the Private Sector 
     Care budget activity. The conferees further direct the 
     Assistant Secretary of Defense (Health Affairs) to provide 
     quarterly reports to the House and Senate Appropriations 
     Committees on budget execution data for all of the Defense 
     Health Program accounts and to adequately reflect changes to 
     the budget activities requested by the Services in future 
     budget submissions.


                               CARRYOVER

       For fiscal year 2012, the conferees recommend one percent 
     carryover authority for the operation and maintenance account 
     of the Defense Health Program. The conferees direct the 
     Assistant Secretary of Defense (Health Affairs) to submit a 
     detailed spending plan for any fiscal year 2011 designated 
     carryover funds to the congressional defense committees not 
     fewer than 15 days prior to executing the carryover funds.


                 PEER-REVIEWED CANCER RESEARCH PROGRAM

       The conference agreement provides $12,800,000 for a Peer-
     Reviewed Cancer Research Program that would research cancers 
     not addressed in the breast, prostate, ovarian, and lung 
     cancer research programs currently executed by the Department 
     of Defense, and specifically by the U.S. Army Medical 
     Research and Materiel Command.
       The funds provided are directed to be used to conduct 
     research in the following areas: melanoma and other skin 
     cancers, pediatric brain tumors, genetic cancer research, 
     pancreatic cancer, kidney cancer, blood cancer, colorectal 
     cancer, mesothelioma, and listeria vaccine for infectious 
     disease and cancer.
       The funds provided under the Peer-Reviewed Cancer Research 
     Program shall only be used for the purposes listed above. The 
     Assistant Secretary of Defense (Health Affairs) is directed 
     to provide a report not later than 60 days after enactment of 
     this Act to the congressional defense committees on the 
     status of the Peer-Reviewed Cancer Research Program. For each 
     research area, the report should include the funding amount 
     awarded, the progress of the research, and the relevance of 
     the research for servicemembers and their families.


               JOINT WARFIGHTER MEDICAL RESEARCH PROGRAM

       The conference agreement provides $50,000,000 for the Joint 
     Warfighter Medical Research Program. Funds shall be used to 
     augment and accelerate high priority Department of Defense 
     and Service medical requirements and to continue prior year 
     initiatives that are close to achieving their objectives and 
     yielding a benefit to military medicine. The funds shall not 
     be used for new projects or for basic research. The funding 
     shall be awarded at the Department's discretion following a 
     review of medical research and development gaps, as well as 
     unfinanced medical requirements of the Services. Further, the 
     conferees direct the Assistant Secretary of Defense (Health 
     Affairs) to provide a report not later than 120 days after 
     enactment of this Act to the congressional defense 
     committees, which lists the projects that receive funding. 
     The report should include the amount of funding provided to 
     each project and a thorough description of each project's 
     research.


                 PEER-REVIEWED MEDICAL RESEARCH PROGRAM

       The conference agreement provides $50,000,000 for a Peer-
     Reviewed Medical Research Program. The conferees direct the 
     Secretary of Defense, in conjunction with the Service 
     Surgeons General, to select medical research projects of 
     clear scientific merit and direct relevance to military 
     health. Research areas considered under this funding are 
     restricted to: arthritis, composite tissue transplantation, 
     drug abuse, dystonia, epilepsy, food allergies, Fragile X 
     syndrome, hereditary angioedema, inflammatory bowel disease, 
     interstitial cystitis, lupus, malaria, nanomedicine for drug 
     delivery science, neuroblastoma, osteoporosis and related 
     bone disease, Paget's disease, polycystic kidney disease, 
     post-traumatic osteoarthritis, scleroderma, tinnitus, and 
     tuberculosis. The conferees emphasize that the additional 
     funding provided under the Peer-Reviewed Medical Research 
     Program shall be devoted only to the purposes listed above.

           Chemical Agents and Munitions Destruction, Defense

       The conference agreement on items addressed either by the 
     House or the Senate is as follows:

[[Page 20674]]

     
     


[[Page 20675]]

                TOOELE CHEMICAL AGENT DISPOSAL FACILITY

       House Report 112-110 directs the Secretary of Defense to 
     submit a report to the congressional defense committees 
     detailing the closure requirements and potential reuse of the 
     Tooele Chemical Agent Disposal Facility. This report is no 
     longer required.

         Drug Interdiction and Counter-Drug Activities, Defense

       The conference agreement provides $1,209,620,000 for Drug 
     Interdiction and Counter-Drug Activities, Defense, instead of 
     $1,208,147,000 as proposed by the House and $1,205,072,000 as 
     proposed by the Senate. The conference agreement on items 
     addressed either by the House or the Senate is as follows:

                EXPLANATION OF PROJECT LEVEL ADJUSTMENTS
                        [In thousands of dollars]
------------------------------------------------------------------------
                                                   Budget
                                                  request     Conference
------------------------------------------------------------------------
DRUG INTERDICTION & COUNTER-DRUG ACTIVITIES...    1,156,282    1,209,620
PC:
    2360  EUCOM Tactical Analysis Team          ...........         -952
     Support--Previously Denied New Start.....
    3217  Navy Counter-Drug Activities--ROTHR-- ...........        2,290
     Transfer from OP,N line 89...............
    7403  National Guard Counter-Drug Program   ...........       50,000
     State Plans..............................
    9205  EUCOM Counternarcotics Operations     ...........       -2,000
     Support..................................
    9380  Young Marines--Drug Demand Reduction  ...........        4,000
------------------------------------------------------------------------

             Joint Improvised Explosive Device Defeat Fund

       The conference agreement on items addressed either by the 
     House or the Senate is as follows:

                EXPLANATION OF PROJECT LEVEL ADJUSTMENTS
                        [In thousands of dollars]
------------------------------------------------------------------------
                                                   Budget
                     Line                         request     Conference
------------------------------------------------------------------------
4  STAFF AND INFRASTRUCTURE...................      220,634            0
    Transfer to title IX......................  ...........     -220,634
                                               -------------------------
        TOTAL, JOINT IED DEFEAT FUND..........      220,634            0
------------------------------------------------------------------------

       The conference agreement does not recommend funding for the 
     Joint Improvised Explosive Device Defeat Fund in the base 
     budget. The agreement addresses the funding requirements of 
     the Joint Improvised Explosive Device Defeat Organization in 
     title IX.

                    Office of the Inspector General

       The conference agreement on items addressed either by the 
     House or the Senate is as follows:

                EXPLANATION OF PROJECT LEVEL ADJUSTMENTS
                        [In thousands of dollars]
------------------------------------------------------------------------
                                                   Budget
                                                  request     Conference
------------------------------------------------------------------------
OPERATION AND MAINTENANCE.....................      286,919      341,419
    Program Increase..........................  ...........       54,500
PROCUREMENT...................................        1,000        1,000
RESEARCH, DEVELOPMENT, TEST AND EVALUATION....        1,600        4,500
    Program Increase..........................  ...........        2,900
        TOTAL, OFFICE OF THE INSPECTOR GENERAL      289,519      346,919
------------------------------------------------------------------------

                      TITLE VII--RELATED AGENCIES

       The conference agreement provides $1,061,591,000 in Title 
     VII, Related Agencies, instead of $971,925,000 as proposed by 
     the House and $1,107,413,000 as proposed by the Senate. The 
     conference agreement on items addressed either by the House 
     or the Senate is as follows:

[[Page 20676]]

     
     


[[Page 20677]]

                            CLASSIFIED ANNEX

       Adjustments to classified programs are addressed in a 
     separate detailed and comprehensive classified annex. The 
     Intelligence Community, Department of Defense, and other 
     organizations are expected to fully comply with the 
     recommendations and directions in the classified annex 
     accompanying the Department of Defense Appropriations Act, 
     2012.

   CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM FUND

       The conference agreement provides $513,700,000 for the 
     Central Intelligence Agency Retirement and Disability Fund, 
     as proposed by both the House and the Senate.

               INTELLIGENCE COMMUNITY MANAGEMENT ACCOUNT

       The conference agreement provides $547,891,000 for the 
     Intelligence Community Management Account, instead of 
     $458,225,000 as proposed by the House and $593,713,000 as 
     proposed by the Senate.

                     TITLE VIII--GENERAL PROVISIONS

       The conference agreement incorporates general provisions 
     from the House and Senate versions of the bill which were not 
     amended. Those general provisions that were addressed in 
     conference follow:
       The conference agreement modifies a provision proposed by 
     the House and Senate which provides general transfer 
     authority not to exceed $3,750,000,000.
       The conference agreement retains a provision proposed by 
     the Senate which prohibits the use of funds to demilitarize 
     or dispose of certain small firearms. The House bill 
     contained a similar provision but made it permanent.
       The conference agreement retains a provision proposed by 
     the House concerning incentive payments authorized by section 
     504 of the Indian Financing Act (25 U.S.C. 1544). The Senate 
     bill contained a similar provision.
       The conference agreement retains a provision proposed by 
     the Senate which provides funding from various appropriations 
     for the Civil Air Patrol Corporation. The House bill 
     contained a similar provision.
       The conference agreement retains a provision proposed by 
     the Senate related to funding provided for Federally Funded 
     Research and Development Centers. The House bill contained a 
     similar provision.
       The conference agreement retains a provision proposed by 
     the House which provides that the Office of Economic 
     Adjustment may use funds made available under Operation and 
     Maintenance, Defense-Wide to make grants and supplement other 
     federal funds in accordance with guidance provided. The 
     Senate bill contained no similar provision.
       The conference agreement retains a provision proposed by 
     the Senate which prohibits the conversion of any activity or 
     function performed by civilian employees of the Department of 
     Defense to contractor with certain exceptions. The House bill 
     contained no similar provision.
       The conference agreement modifies a provision proposed by 
     the House and the Senate recommending rescissions. The 
     rescissions agreed to are:


                             (RESCISSIONS)

2002 Appropriations:
                                         National Defense Sealift Fund:
    Ready Reserve Force.....................................$20,444,000
2003 Appropriations:
                                         National Defense Sealift Fund:
    Ready Reserve Force.......................................8,500,000
2004 Appropriations:
                                         National Defense Sealift Fund:
    Ready Reserve Force.......................................6,500,000
2010 Appropriations:
2010 Appropriations:
                                            Aircraft Procurement, Army:
    Common Ground Equipment...................................5,100,000
              Procurement of Weapons and Tracked Combat Vehicles, Army:
    Handgun...................................................3,379,000
    Lightweight .50 Caliber Machine Gun.........................974,000
                                       Procurement of Ammunition, Army:
    Artillery Fuzes, All Types...............................19,000,000
    Scorpion, Intelligent Munitions Systems...................2,674,000
                                               Other Procurement, Army:
    Armored Security Vehicle.................................13,000,000
    Lightweight Counter Mortar Radar.........................15,000,000
    Installation Info Infrastructure Mod Program..............5,800,000
    Special Equipment for User Testing.......................17,000,000
    Explosive Ordnance Disposal Equipment.....................5,347,000
    Items Less than $5 Million (ENG SPT)......................2,500,000
                                            Aircraft Procurement, Navy:
    P-8A.....................................................90,000,000
                                       Aircraft Procurement, Air Force:
    C-130....................................................17,471,000
    T-38.....................................................11,326,000
    KC-10A (ATCA).............................................4,100,000
                                        Missile Procurement, Air Force:
    NPOESS....................................................3,889,000
                                          Other Procurement, Air Force:
    Global Combat Support System (DEAMS).....................12,200,000
                                             Procurement, Defense-Wide:
    Maritime Equipment Modifications............................716,000
2011 Appropriations:
                                            Aircraft Procurement, Army:
    Airborne Avionics........................................21,500,000
                                             Missile Procurement, Army:
    Surface-Launched AMRAAM System...........................99,800,000
              Procurement of Weapons and Tracked Combat Vehicles, Army:
    Lightweight .50 Caliber Machine Gun......................18,834,000
                                       Procurement of Ammunition, Army:
    Artillery Fuzes, All Types...............................15,000,000
                                                Other Procurement, Army
    Armored Security Vehicle.................................80,000,000
    Joint Tactical Radio System..............................70,000,000
    Lightweight Counter Mortar Radar.........................80,000,000
    BCT Unattended Ground Sensor.............................14,636,000
    BCT Network..............................................74,000,000
    Special Equipment for User Testing.......................26,000,000
    Ground Soldier System....................................93,800,000
                                            Aircraft Procurement, Navy:
    P-8A.....................................................55,000,000
    F-18 Series..............................................23,000,000
                                             Weapons Procurement, Navy:
    Standard Missile Mods....................................21,427,000
    Sidewinder................................................2,900,000
    Airborne Mine Neutralization Systems......................9,949,000
                      Procurement of Ammunition, Navy and Marine Corps:
    General Purpose Bombs.....................................8,612,000
    Intermediate Caliber Gun Ammunition......................19,650,000
                                                Other Procurement, Navy
    Reactor Power Units.......................................6,700,000
    Navy Multiband Terminal..................................48,600,000
    Physical Security Equipment...............................4,298,000
                                     Shipbuilding and Conversion, Navy:
    Littoral Combat Ship AP.................................110,351,000
                                       Aircraft Procurement, Air Force:
    C-130J AP................................................30,000,000
    F-15.....................................................31,340,000
    C-130....................................................25,000,000
    B-2A (Multi Display Units)...............................22,579,000
    T-38.....................................................18,600,000
    C-37A....................................................11,731,000
    C-40.....................................................10,475,000
    C-32A....................................................10,411,000
    Other Production Charges (NATO)..........................17,000,000
    KC-10A (ATCA).............................................4,100,000
    B-52......................................................1,733,000
    Other Production Charges (MQ-1)..........................37,244,000
                                        Missile Procurement, Air Force:
    GPS III Space Segment...................................122,500,000
    SBIRS High (Space) AP....................................25,000,000
    JASSM....................................................46,400,000
                                          Other Procurement, Air Force:
    Tactical Air Control Party Vehicular Communication System26,949,000
    Global Combat Support System..............................7,733,000
    Combat Training Ranges....................................3,700,000
    Theater Battle Management Command and Control System......1,000,000
    Modular Aircrew Common Helmet.............................6,217,000
    Special Update Program....................................2,972,000
    Joint Tactical Radio System Ground Mobile Radio...........4,297,000
                                             Procurement, Defense-Wide:
    Contamination Avoidance...................................1,626,000
    Installation Force Protection.............................1,083,000
    Individual Protection.......................................892,000
    Collective Protection.......................................329,000
    Decontamination.............................................258,000
    Joint Bio Defense Program (Medical).........................124,000
                      Research, Development, Test and Evaluation, Army:
    FCS UAV..................................................16,700,000

[[Page 20678]]

    FCS UAV...................................................6,000,000
    FCS Unattended Ground Sensors.............................5,800,000
    Manned Ground Vehicle--GCV...............................45,000,000
    Joint Air-to-Ground Missile..............................49,700,000
    Landmine Warfare Barrier--Scorpion.......................24,200,000
    MLRS PIP--GMLRS AW........................................5,700,000
    Aerial Common Sensor--EMARSS.............................24,425,000
    Aerial Common Sensor--EMARSS Excess Carryover............79,100,000
    Ground Combat Vehicle--Change to Acquisition Strategy...100,000,000
                      Research, Development, Test and Evaluation, Navy:
    Common Mobile Aircrew Restraint System....................5,100,000
    Multi-Purpose Bomb Rack..................................10,000,000
    FMU-164 Fuze.............................................19,671,000
    Retract Elm...............................................5,878,000
    Small Diameter Bomb.......................................2,600,000
    Joint Air-to-Ground Missile...............................7,400,000
    Navy Meteorological and Ocean Sensors--Space.............15,038,000
    Research, Development, Test and Evaluation, Air Force:.............
    JSpOC Mission System......................................3,500,000
    Space Situational Awareness Systems......................18,000,000
    Agile Combat Support......................................2,800,000
    Joint Strike Fighter.....................................85,000,000
    Joint Cargo Aircraft......................................7,750,000
    Evaluation and Analysis Program..........................17,997,000
    Special Evaluation System................................47,252,000
    Combined Advanced Applications...........................19,845,000
    Defense Reconnaissance Support Activities (SPACE)........11,800,000
    Tactical Air Control Party--Mod...........................2,450,000
    B-2......................................................22,000,000
    AWACS....................................................19,700,000
              Research, Development, Test and Evaluation, Defense-Wide:
    DARPA Undistributed Rescission..........................126,589,000
    DARPA Defense Research Sciences...........................1,827,000
    DTRA Weapons of Mass Destruction Defeat Technologies.....10,435,000
    DARPA Tactical Technology................................10,084,000
    DARPA Materials and Biological Technology.................1,000,000
    DARPA Electronics Technology................................500,000
    DTRA Counterproliferation Initiatives--Proliferation Prevention and 
      Defeat.................................................11,950,000
    DARPA Classified Programs.................................4,000,000
    DARPA Command, Control, and Communications Systems........3,000,000
    DARPA Space Programs and Technology.......................1,000,000
    DARPA Advanced Electronics Technologies...................1,000,000
    DARPA Network-Centric Warfare Technology..................1,000,000
    MDA BMD Midcourse Defense Segment........................23,005,000
    OSD UAS Common Development................................3,007,000
    BTA R&D Activities........................................6,019,000
    DTRA Weapons of Mass Destruction Defeat Capabilities........603,000
    BTA DIMHRS..................................................392,000
    JIAMDO...................................................18,369,000
    OSD Technical Studies, Support, and Analysis.............12,321,000
    OSD Policy R&D Programs...................................3,711,000
    OSD Net Centricity........................................3,233,000
    JCS Management Headquarters.................................239,000
    ISSP.....................................................11,000,000
                                                Defense Health Program:
    Research, Development, Test and Evaluation..................257,000
       The conference agreement retains a provision proposed by 
     the Senate for the procurement of ball and roller bearings, 
     except for the purchase of ``commercial items'' as defined by 
     section 4(12) of the Office of Federal Procurement Policy Act 
     under certain limitations. The House bill contained a similar 
     provision as defined by section 103 of title 41, United 
     States Code.
       The conference agreement retains a provision proposed by 
     the House which prohibits the use of funds to perform repairs 
     or maintenance of military family housing units. The Senate 
     bill contained no similar provision.
       The conference agreement retains a provision proposed by 
     the Senate concerning reporting requirements for any new 
     start advanced concept technology demonstration project or 
     joint capability demonstration project. The House bill 
     contained a similar provision.
       The conference agreement retains a provision proposed by 
     the House concerning a grant to the Fisher House Foundation, 
     Inc. The Senate bill contained no similar provision.
       The conference agreement retains a provision proposed by 
     the Senate which makes available funds to reimburse the 
     Department of Homeland Security for costs associated with 
     processing and adjudication of applications for 
     naturalization. The House bill contained no similar 
     provision.
       The conference agreement retains a provision proposed by 
     the Senate related to funding for the Israeli Cooperative 
     Defense programs. The House bill contained a similar 
     provision.
       The conference agreement retains a provision proposed by 
     the Senate regarding Fleet Forces Command control of Navy 
     forces assigned to the Pacific and United States 
     Transportation Command operational and administrative control 
     of C-130 and KC-135 forces assigned to the Pacific and 
     European Air Force Commands. The House bill contained a 
     similar provision but did not include restrictions related to 
     the Transportation Command.
       The conference agreement modifies a provision proposed by 
     the Senate regarding the transfer of funds provided within 
     Research, Development, Test and Evaluation, Army and 
     Research, Development, Test and Evaluation, Air Force. The 
     House bill contained no similar provision.
       The conference agreement retains a provision proposed by 
     the House which prohibits the use of funds for nuclear armed 
     interceptors of a missile defense system. The Senate bill 
     contained a similar provision but made it permanent.
       The conference agreement retains a provision proposed by 
     the House which provides funding to the United Service 
     Organizations and the Red Cross. The Senate bill contained a 
     similar provision but did not provide funding to the Red 
     Cross.
       The conference agreement modifies a provision proposed by 
     the Senate which provides funding of up to $200,000,000 from 
     Operation and Maintenance, Defense-Wide, to be combined with 
     funds from the Department of State, should a Global Security 
     Contingency Fund be created. The House bill contained no 
     similar provision.
       The conference agreement retains a provision proposed by 
     the House which requires submission of P-1 exhibit and R-1 
     exhibits for National Intelligence programs based on certain 
     dollar thresholds. The Senate bill contained a similar 
     provision.
       The conference agreement retains a provision proposed by 
     the Senate which reduces funding appropriated in Operation 
     and Maintenance, Army to reflect excess cash balances in the 
     Working Capital Funds. The House bill contained no similar 
     provision.
       The conference agreement retains a provision proposed by 
     the Senate which requires submission of a baseline for 
     reprogramming at the project level. The House bill contained 
     a similar provision which required submission of the baseline 
     at the subproject level.
       The conference agreement modifies a provision proposed by 
     the House establishing prior approval reprogramming and 
     transfer procedures for National Intelligence Programs. The 
     Senate bill contained no similar provision.
       The conference agreement retains a provision proposed by 
     the Senate which provides for the transfer of funds by the 
     Director of National Intelligence to other departments and 
     agencies for purposes of government-wide information sharing 
     activities. The House bill contained a similar provision.
       The conference agreement retains a provision proposed by 
     the Senate which provides funds for transfer to the Joint 
     Department of Defense-Department of Veterans Affairs Medical 
     Facility Demonstration Fund. The House bill contained a 
     similar provision.
       The conference agreement retains a provision proposed by 
     the House which extends the period of time during which 
     claims for retroactive stop-loss special pay may be 
     submitted. The Senate bill contained no similar provision.
       The conference agreement modifies a provision proposed by 
     the House which places a limitation on the total number of 
     Senior Executive Service employees in the Office of the 
     Director of National Intelligence and requires submission of 
     certain reports. The Senate bill contained no similar 
     provision.
       The conference agreement modifies a provision proposed by 
     the House regarding Anti-Deficiency Act violations in the 
     military personnel accounts. The provision requires the 
     Inspector General of the Department of Defense to conduct a 
     review of the violations and make recommendations for 
     corrective actions to be implemented. The Senate bill 
     contained no similar provision.
       The conference agreement modifies a provision proposed by 
     the House to provide

[[Page 20679]]

     grants through the Office of Economic Adjustment to assist 
     the civilian population of Guam. The Senate bill contained no 
     similar provision.
       The conference agreement modifies a provision proposed by 
     the House regarding parking spaces provided by the BRAC 133 
     project. The Senate contained no similar provision.
       The conference agreement retains a provision proposed by 
     the House which prohibits the Secretary of the Air Force from 
     transferring Air Force Material Command functions until after 
     the Secretary transmits a report. The Senate bill contained 
     no similar provision.
       The conference agreement modifies a provision proposed by 
     the House regarding reporting requirements for civilian 
     personnel end strength by appropriation account. The Senate 
     bill contained no similar provision.
       The conference agreement retains a provision proposed by 
     the House which provides funding from Research, Development, 
     Test and Evaluation, Army to conduct research on alternative 
     energy resources for the deployed forces. The Senate bill 
     contained no similar provision.
       The conference agreement retains a provision proposed by 
     the House which requires the Department to report on the 
     feasibility of using commercially available 
     telecommunications expense management solutions. The Senate 
     bill contained no similar provision.
       The conference agreement retains a provision proposed by 
     the House which prohibits funds from being used to separate 
     the National Intelligence Program from the Department of 
     Defense budget. The Senate bill contained no similar 
     provision.
       The conference agreement modifies a provision proposed by 
     the House which provides general transfer authority of 
     $2,000,000,000 for funds made available for the intelligence 
     community. The Senate bill contained no similar provision.
       The conference agreement retains a provision proposed by 
     the House which provides funds to construct, renovate, 
     repair, or expand elementary and secondary public schools on 
     military installations. The Senate bill contained no similar 
     provision.
       The conference agreement modifies language proposed by the 
     House which prohibits the use of current and prior year funds 
     from being used to transfer detainees from Naval Station 
     Guantanamo Bay, Cuba to the United States. The Senate bill 
     contained a similar provision.
       The conference agreement modifies a provision proposed by 
     the House which requires certain certifications prior to the 
     transfer of detainees from Naval Station Guantanamo Bay, Cuba 
     to foreign countries. The Senate bill contained a similar 
     provision.
       The conference agreement modifies language proposed by the 
     House which prohibits the use of current and prior year funds 
     from being used to construct, renovate, or modify U.S. 
     facilities to house any detainees at Naval Station Guantanamo 
     Bay, Cuba. The Senate bill contained a similar provision.
       The conference agreement modifies a provision proposed by 
     the House which provides funds to conduct an assessment of 
     the current and prospective situation on the ground in 
     Afghanistan and Pakistan. The Senate bill contained no 
     similar provision.
       The conference agreement retains a provision proposed by 
     the House which directs the Secretary of Defense to submit a 
     report regarding the efficiency savings identified in the 
     fiscal year 2012-2016 budgets. The Senate bill contained no 
     similar provision.
       The conference agreement modifies a provision proposed by 
     the House which prohibits funding from being used to enter 
     into agreements with corporations with unpaid tax 
     liabilities. The Senate bill contained no similar provision.
       The conference agreement modifies a provision proposed by 
     the House which prohibits funding from being used to enter 
     into agreements with a corporation that was convicted of a 
     federal criminal violation in the past 24 months. The Senate 
     bill contained no similar provision.
       The conference agreement includes a new provision which 
     creates a Military Intelligence Program Transfer Fund. The 
     House bill and Senate bill contained no similar provisions.
       The conference agreement retains a provision proposed by 
     the House which prohibits funds from being used to violate 
     the Trafficking Victims Protection Act of 2000. The Senate 
     bill contained no similar provision.
       The conference agreement retains a provision proposed by 
     the House which prohibits funds from being used to violate 
     the Child Soldier Prevention Act of 2008. The Senate bill 
     contained no similar provision.
       The conference agreement retains a provision proposed by 
     the House which prohibits funds from being used to violate 
     the War Powers Resolution. The Senate bill contained no 
     similar provision.

               TITLE IX--OVERSEAS CONTINGENCY OPERATIONS

       The conference agreement provides $115,082,635,000 in Title 
     IX, Overseas Contingency Operations, instead of 
     $118,669,277,000 as proposed by the House and 
     $117,583,000,000 as proposed by the Senate. The conference 
     agreement on items addressed by either the House or the 
     Senate is as follows:


                         REPORTING REQUIREMENTS

       The conferees direct that the Department continue to report 
     incremental contingency operations costs for Operation New 
     Dawn and Operation Enduring Freedom on the monthly basis in 
     the Cost of War Execution report as required by Department of 
     Defense Financial Management Regulation, Chapter 23, Volume 
     12. The conferees further direct the Department to continue 
     providing Cost of War reports to the congressional defense 
     committees that include the following information by 
     appropriation account: Funding appropriated, funding 
     allocated, monthly obligations, monthly disbursements, 
     cumulative fiscal year obligations, and cumulative fiscal 
     year disbursements.
       The conferees expect that in order to meet unanticipated 
     requirements, the Department of Defense may need to transfer 
     funds within these appropriations accounts for purposes other 
     than those specified in this report. The conferees direct the 
     Department of Defense to follow normal prior approval 
     reprogramming procedures should it be necessary to transfer 
     funding between different appropriations accounts in this 
     title.


                      MILITARY ACTIVITIES IN LIBYA

       General provisions 10003 and 10017, included in the House 
     version of the Department of Defense Appropriations bill, 
     restricted the use of Department of Defense funding for 
     certain activities in or against Libya. The conference 
     agreement does not include those provisions. Since the House 
     passage of the Department of Defense Appropriations bill, 
     political conditions in Libya have changed and power has 
     transferred to a new regime.
       As part of a greater NATO force, the United States 
     participated in, and took direct forceful action against the 
     country of Libya to topple its former regime. The action was 
     successful and fortunately no American lives were lost during 
     this incursion. However, the conferees insist that when 
     determining that military engagements are necessary, the 
     President is subject to the terms of the War Powers 
     Resolution (50 U.S.C. 1541 et seq.).


                        EXTREMIST ORGANIZATIONS

       The conferees are aware that certain governments and 
     organizations such as the Government of Iran, Hamas, and 
     Hizbullah have policies and practices counter to the best 
     interests of the United States. The conferees reiterate that 
     extremist governments and organizations should not be funded 
     by this Act and that the conferees will closely monitor the 
     expenditure of funds by the Department of Defense regarding 
     such matters.


                          HUMAN RIGHTS ABUSES

       The House included language directing reports on human 
     rights abuses. The conferees direct the initial report be 
     completed not later than 60 days after enactment of this Act 
     and quarterly throughout the fiscal year.

                           Military Personnel

       The conference agreement provides $11,639,252,000 for 
     Military Personnel, instead of $10,813,624,000 as proposed by 
     the House and $11,657,252,000 as proposed by the Senate. The 
     conference agreement on items addressed by either the House 
     or the Senate is as follows:

[[Page 20680]]

     
     


[[Page 20681]]



[[Page 20682]]



[[Page 20683]]



[[Page 20684]]



[[Page 20685]]

                       Operation and Maintenance

       The conference agreement provides $89,016,326,000 for 
     Operation and Maintenance, instead of $89,780,293,000 as 
     proposed by the House and $90,546,851,000 as proposed by the 
     Senate. The conference agreement on items addressed by either 
     the House or the Senate is as follows:

[[Page 20686]]

     
     


[[Page 20687]]



[[Page 20688]]



[[Page 20689]]



[[Page 20690]]



[[Page 20691]]



[[Page 20692]]

                    PAKISTAN COUNTERINSURGENCY FUND

       The House version of the Department of Defense 
     Appropriations bill included $1,100,000,000 for the Pakistan 
     Counterinsurgency Fund. The Senate included an appropriation 
     for this fund in the State, Foreign Operations, and Related 
     Agencies Appropriations bill. The fund is addressed in the 
     State, Foreign Operations, and Related Agencies Division of 
     this Act.


                AFGHANISTAN RESOURCES OVERSIGHT COUNCIL

       The conferees have modified Section 9009 of the Senate 
     version of the Department of Defense Appropriations bill to 
     include revised thresholds for contracts requiring approval 
     of the Afghanistan Resources Oversight Council (AROC) and 
     other responsibilities of the AROC. As outlined in this 
     section, the AROC is responsible for approving all financial 
     and activity plans for the Afghanistan Security Forces Fund 
     (ASFF). The conferees direct the AROC to establish policies, 
     regulations, and processes to include consideration of the 
     extent of competition and the relevant qualifications and 
     eligibility of contractors as part of the acquisition plan 
     for major purchases of goods and services. The conferees 
     further direct the AROC to establish business rules and 
     criteria for reviewing ASFF construction and sustainment 
     plans for infrastructure and to establish a plan for the 
     oversight of contractor performance and services and goods 
     rendered. These are critical steps in ensuring that proper 
     oversight is conducted on one of the largest Department of 
     Defense programs.

                              Procurement

       The conference agreement provides $13,633,461,000 for 
     Procurement, instead of $13,375,288,000 as proposed by the 
     House and $15,518,701,000 as proposed by the Senate. The 
     conference agreement on items addressed by either the House 
     or the Senate is as follows:

[[Page 20693]]

     
     


[[Page 20694]]



[[Page 20695]]



[[Page 20696]]



[[Page 20697]]



[[Page 20698]]



[[Page 20699]]



[[Page 20700]]



[[Page 20701]]



[[Page 20702]]

                  NATIONAL GUARD AND RESERVE EQUIPMENT

       The conference agreement provides $1,000,000,000 for 
     National Guard and Reserve Equipment. Of that amount, 
     $325,000,000 is for the Army National Guard; $315,000,000 is 
     for the Air National Guard; $145,000,000 is for the Army 
     Reserve; $75,000,000 is for the Navy Reserve; $65,000,000 is 
     for the Marine Corps Reserve; and $75,000,000 is for the Air 
     Force Reserve to meet urgent equipment needs that may arise 
     this fiscal year.
       This funding will allow the Guard and reserve components to 
     procure high priority equipment that may be used by these 
     units for both their combat missions and their missions in 
     support of State governors. The conferees direct that the 
     National Guard and Reserve Equipment account shall be 
     executed by the Chiefs of the National Guard and reserve 
     components with priority consideration given to the following 
     items: AB-FIST Gunnery Trainer Upgrades; Active Noise 
     Cancellation Systems for ANG C-130; ANG Block 42 F-16 Engine 
     Upgrades; ARC 210 Radios for ANG F-16s; Batteries and Battery 
     Support Equipment; Bradley Modifications; C-130 Loadmaster 
     Lookout Windows and Crashworthy Loadmaster Seats; C-130 
     Secure Line of Sight and Beyond Line of Sight Capability; CH-
     47 Door Gun Mounts; Chemical/Biological Protective Shelter; 
     Civil Support Radios; Combined Arms Virtual Trainers; Command 
     Posts--Tactical Operations Centers and Standardized 
     Integrated Command Post Systems; Communications Aerial 
     Platforms; External and Internal Fuel Tanks; F-15 Active 
     Electronically Scanned Array Radars; Field Engineering, 
     Logistics, and Maintenance Equipment; General Engineering 
     Equipment; Generation 4 Advanced Targeting Pods; HC-130 
     Integrated EW Suites (ALQ-213) with VECTS; Helicopter 
     Firefighting Equipment; Helmet Mounted Cueing Systems; HMMWV 
     Ambulances; Homeland Defense Communications Equipment; 
     Integrated Vehicle Health Management Systems; Joint Threat 
     Emitters; Large Aircraft Infrared Countermeasures; Light 
     Utility Helicopters; Lightweight Airborne Recovery Systems; 
     LITENING Upgrades; MRAP Vehicle Virtual Trainers; Personal 
     Protective Equipment and Weapons; Reduced Size Crashworthy 
     External and Extended Range Fuel Systems (RCEFS) for Apaches 
     and Chinooks; Remotely Operated Video Enhanced Receivers; 
     SATCOM Ground Stations; Security Force Mobility Bag Upgrades; 
     Self-Contained Live Fire Shooting Ranges; Shadow Tactical 
     Unmanned Aircraft Systems; Simulation Training Systems; 
     Tactical Communications Equipment; Tactical Radios; Tactical 
     Trailers; Thermal Imaging Systems; Unit Maintenance Aerial 
     Recovery Kits; Virtual Convoy Operations Trainers; Virtual 
     Door Gunner Trainers; and Wideband Imagery Dissemination.


     MINE RESISTANT AMBUSH PROTECTED AND MRAP-ALL TERRAIN VEHICLES

       The conference agreement provides $2,600,170,000 to address 
     Mine Resistant Ambush Protected (MRAP) vehicle and MRAP-All 
     Terrain Vehicle (M-ATV) requirements, as identified by the 
     Department of Defense. The request was reduced by an amount 
     previously provided by the Department of the Army to the MRAP 
     Joint Program Office to support operations and maintenance 
     from within funds available to the Army. The Department shall 
     continue to adhere to the execution and reporting 
     requirements contained in section 8122 of Public Law 110-116.

               Research, Development, Test and Evaluation

       The conference agreement provides $526,358,000 for 
     Research, Development, Test and Evaluation, instead of 
     $436,758,000 as proposed by the House and $581,958,000 as 
     proposed by the Senate. The conference agreement on items 
     addressed by either the House or the Senate is as follows:

[[Page 20703]]

     
     


[[Page 20704]]

                     Revolving and Management Funds

       The conference agreement provides $435,013,000 for the 
     Defense Working Capital Funds as proposed by the House, 
     instead of $396,513,000 as proposed by the Senate.

                  Other Department of Defense Programs

                         Defense Health Program

       The conference agreement provides $1,228,288,000 for the 
     Defense Health Program as proposed by the Senate, instead of 
     $1,248,288,000 as proposed by the House. The conference 
     agreement on items addressed by either the House or the 
     Senate is as follows:

                EXPLANATION OF PROJECT LEVEL ADJUSTMENTS
                        [In thousands of dollars]
------------------------------------------------------------------------
                                              Budget
                                              Request       Conference
------------------------------------------------------------------------
OPERATION AND MAINTENANCE...............       1,228,288       1,228,288
IN-HOUSE CARE...........................         641,996         641,996
PRIVATE SECTOR CARE.....................         464,869         464,869
CONSOLIDATED HEALTH SUPPORT.............          95,994          95,994
INFORMATION MANAGEMENT..................           5,548           5,548
MANAGEMENT ACTIVITIES...................             751             751
EDUCATION AND TRAINING..................          16,859          16,859
BASE OPERATIONS AND COMMUNICATIONS......           2,271           2,271
------------------------------------------------------------------------

         Drug Interdiction and Counter-Drug Activities, Defense

       The conference agreement provides $456,458,000 for Drug 
     Interdiction and Counter-Drug Activities, Defense, instead of 
     $469,458,000 as proposed by the House and $463,458,000 as 
     proposed by the Senate. The conference agreement on items 
     addressed by either the House or the Senate is as follows:

                EXPLANATION OF PROJECT LEVEL ADJUSTMENTS
                        [In thousands of dollars]
------------------------------------------------------------------------
                                                   Budget
                                                  Request     Conference
------------------------------------------------------------------------
AFGHANISTAN AIR MOBILITY......................      149,000      141,000
    Mi-17s--Change in acquisition strategy....  ...........       -8,000
COUNTER NARCOTICS POLICE AFGHANISTAN TRAINING.       46,250       46,250
COUNTER NARCOTICS POLICE AFGHANISTAN                  7,000        7,000
 FACILITIES...................................
AFGHANISTAN BORDER POLICE FACILITIES..........       40,000       40,000
AFGHANISTAN BORDER POLICE TRAINING............       32,000       32,000
AFGHANISTAN BORDER POLICE EQUIPMENT...........        2,500        2,500
OTHER PROGRAM SUPPORT--AFGHANISTAN............        7,000        7,000
INTELLIGENCE AND TECHNOLOGY...................       49,509       44,509
    CTF-Kabul HQ Facility funding no longer     ...........       -5,000
     required.................................
PAKISTAN......................................       40,650       30,650
    Reduce program growth.....................  ...........      -10,000
TAJIKISTAN....................................       27,425       27,425
TURKMENISTAN..................................       23,800       23,800
KYRGYZSTAN....................................       33,598       33,598
KAZAKHSTAN....................................        9,976        9,976
UZBEKISTAN....................................       14,750       14,750
OTHER REGIONAL PROGRAMS.......................        3,000        3,000
      PROGRAM ADJUSTMENT......................  ...........       -7,000
                                               -------------------------
    TOTAL, DRUG INTERDICTION AND COUNTER-DRUG       486,458      456,458
     ACTIVITIES (OCO).........................
------------------------------------------------------------------------

             Joint Improvised Explosive Device Defeat Fund

       The conference agreement on items addressed by either the 
     House or the Senate is as follows:

                EXPLANATION OF PROJECT LEVEL ADJUSTMENTS
                        [in thousands of dollars]
------------------------------------------------------------------------
 
------------------------------------------------------------------------
              JOINT IMPROVISED EXPLOSIVE DEVICE DEFEAT FUND
------------------------------------------------------------------------
1  ATTACK THE NETWORK (OCO)...................    1,368,800      936,400
    Blue Devil Block 1--Transfer to RDTE,AF     ...........      -58,600
     line 200.................................
    Broad Agency Announcement S&T Response      ...........      -76,000
     unjustified request......................
    Information Fusion unjustified program      ...........      -17,000
     growth...................................
    Transfer to Staff and Infrastructure......  ...........     -280,800
2  DEFEAT THE DEVICE (OCO)....................      961,200      733,400
    Duraplex Antenna--Transfer to RDTE,A line   ...........      -10,000
     62.......................................
    IDD 2.0 Detection Dog--Transfer from Train  ...........        4,200
     the Force................................
    Transfer to Staff and Infrastructure......  ...........      -72,000
    Program Adjustment........................  ...........     -150,000
3  TRAIN THE FORCE (OCO)......................      247,500      129,350
    Train the Force Response--Duplication of    ...........     --18,050
     Service Title 10 Responsibilities........
    IDD 2.0 Detection Dog--Transfer to Defeat   ...........       -4,200
     the Device...............................
    Transfer to Staff and Infrastructure......  ...........      -90,900
    Program Adjustment........................  ...........       -5,000
4  STAFF AND INFRASTRUCTURE (OCO).............            0      642,834
    Civilian Pay Freeze.......................  ...........       -1,500
    Transfer from title VI....................  ...........      220,634
    Transfer from Attack the Network..........  ...........      280,800
    Transfer from Defeat the Device...........  ...........       72,000
    Transfer from Train the Force.............  ...........       90,900
    Program Adjustment........................  ...........      -20,000
                                               -------------------------
        TOTAL, JOINT IED DEFEAT FUND..........    2,577,500    2,441,984
------------------------------------------------------------------------

       The conference agreement provides funding for the Joint 
     Improvised Explosive Device Defeat Organization (JIEDDO) in 
     title IX. The conferees believe that the requirements are war 
     related and should be funded through Overseas Contingency 
     Operations funding.
       The conferees direct JIEDDO to submit to the congressional 
     defense committees monthly commitment, obligation, and 
     expenditure data by line of operation and by year of 
     appropriation. Further, the conferees direct JIEDDO to submit 
     to the congressional defense committees monthly reports of 
     obligation data on a project by project basis by line of 
     operation. The conferees also continue the direction that 
     JIEDDO follow standard reprogramming procedures when 
     transferring a cumulative amount of $20,000,000 or more 
     between lines of operation.

                    Office of the Inspector General

       The conference agreement provides $11,055,000 for the 
     Office of the Inspector General, as proposed by both the 
     House and the Senate.

                EXPLANATION OF PROJECT LEVEL ADJUSTMENTS
                        [In thousands of dollars]
------------------------------------------------------------------------
                                                    Budget
                                                   Request    Conference
------------------------------------------------------------------------
OPERATION AND MAINTENANCE.......................     11,055       11,055
    TOTAL, OFFICE OF THE INSPECTOR GENERAL......     11,055       11,055
------------------------------------------------------------------------

                     GENERAL PROVISIONS--THIS TITLE

       The conference agreement for title IX incorporates general 
     provisions from the House and Senate versions of the bill 
     which were not amended. Those general provisions that were 
     addressed in conference follow:
       The conference agreement retains a provision proposed by 
     the Senate which provides for general transfer authority 
     within title IX. The House bill contained a similar 
     provision.
       The conference agreement modifies a provision proposed by 
     the Senate concerning the Afghanistan Resources Executive 
     Council approval of funding for projects under the 
     Afghanistan Security Forces Fund, Afghanistan Infrastructure 
     Fund, and the Commanders Emergency Response Program. The 
     House bill contained a similar provision.
       The conference agreement modifies a provision proposed by 
     the Senate concerning funding and guidelines for the Task 
     Force for Business and Stability Operations in Afghanistan. 
     The House bill contained a similar provision.

[[Page 20705]]

       The conference agreement retains a provision proposed by 
     the Senate concerning transition activities of the Office of 
     Security Cooperation in Iraq and security assistance teams. 
     The House bill contained a similar provision.
       The conference agreement modifies a provision proposed by 
     the Senate which reduces funding from title IX military 
     personnel and operation and maintenance accounts to reflect 
     reduced troop strength in theater. The House bill contained 
     no similar provision.
       The conference agreement modifies a provision proposed by 
     the House and the Senate recommending rescissions. The 
     rescissions agreed to are:


                             (RESCISSIONS)

2010 Appropriations:
                         Overseas Contingency Operations Transfer Fund:
    Unobligated Balances...................................$356,810,000
                                       Procurement of Ammunition, Army:
    Non-Lethal Capabilities..................................20,000,000
    Artillery Fuzes, All Types................................1,000,000
                                          Other Procurement, Air Force:
    Intelligence Comm Equipment...............................2,250,000

[[Page 20706]]





[[Page 20707]]



[[Page 20708]]



[[Page 20709]]



[[Page 20710]]



[[Page 20711]]



[[Page 20712]]



[[Page 20713]]



[[Page 20714]]



[[Page 20715]]



[[Page 20716]]



[[Page 20717]]



[[Page 20718]]



[[Page 20719]]



[[Page 20720]]

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

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

                                TITLE I

                       CORPS OF ENGINEERS--CIVIL

                         DEPARTMENT OF THE ARMY

                       Corps of Engineers--Civil

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


                             INVESTIGATIONS

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

[[Page 20721]]

     
     


[[Page 20722]]



[[Page 20723]]



[[Page 20724]]



[[Page 20725]]

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


                              CONSTRUCTION

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

[[Page 20726]]

     
     


[[Page 20727]]



[[Page 20728]]



[[Page 20729]]



[[Page 20730]]

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


                   MISSISSIPPI RIVER AND TRIBUTARIES

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

[[Page 20731]]

     
     


[[Page 20732]]



[[Page 20733]]


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


                       OPERATION AND MAINTENANCE

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

[[Page 20734]]

     
     


[[Page 20735]]



[[Page 20736]]



[[Page 20737]]



[[Page 20738]]



[[Page 20739]]



[[Page 20740]]



[[Page 20741]]



[[Page 20742]]



[[Page 20743]]



[[Page 20744]]



[[Page 20745]]



[[Page 20746]]



[[Page 20747]]



[[Page 20748]]



[[Page 20749]]



[[Page 20750]]



[[Page 20751]]



[[Page 20752]]



[[Page 20753]]



[[Page 20754]]



[[Page 20755]]

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


                           REGULATORY PROGRAM

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


            FORMERLY UTILIZED SITES REMEDIAL ACTION PROGRAM

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


                 FLOOD CONTROL AND COASTAL EMERGENCIES

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


                                EXPENSES

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


     OFFICE OF THE ASSISTANT SECRETARY OF THE ARMY FOR CIVIL WORKS

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


                        ADMINISTRATIVE PROVISION

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


             GENERAL PROVISIONS--CORPS OF ENGINEERS--CIVIL

                     (INCLUDING TRANSFERS OF FUNDS)

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

[[Page 20756]]

     to maintenance standards for the federal dredging fleet. The 
     House proposed no similar provision.
       The conference agreement does not include a provision 
     proposed by the Senate relating to health and safety 
     improvements to the dredge ``McFarland''. The House proposed 
     no similar provision.
       The conference agreement modifies a provision proposed by 
     the Senate relating to deed restrictions in Benton County, 
     Washington. The House proposed no similar provision.
       The conference agreement includes a provision proposed by 
     the Senate deauthorizing a portion of the Block Island Harbor 
     of Refuge in Rhode Island. The House proposed no similar 
     provision.
       The conference agreement includes a provision proposed by 
     the Senate relating to improvements to installations and 
     facilities of the Engineer Research and Development Center. 
     The House proposed no similar provision.
       The conference agreement includes a provision proposed by 
     the Senate relating to the disposition of acquired land in 
     the Passaic River Basin in New Jersey. The House proposed no 
     similar provision.
       The conference agreement modifies a provision proposed by 
     the Senate relating to disposal sites in Long Island Sound. 
     The House proposed no similar provision.
       The conference agreement includes a provision proposed by 
     the Senate deauthorizing a portion of the Newport Harbor in 
     Rhode Island. The House proposed no similar provision.
       The conference agreement includes a provision proposed in 
     Title VI of the House bill relating to FERC Project number 
     2342. The Senate proposed no similar provision.
       The conference agreement includes a provision proposed in 
     Title VI of the House bill prohibiting funds for the Missouri 
     River Authorized Purposes Study. The Senate proposed no 
     similar provision.
       The conference agreement includes a provision proposed in 
     Title VI of the House bill relating to section 5018(a)(1) of 
     the Water Resources Development Act of 2007 regarding 
     Missouri River Recovery. The Senate proposed no similar 
     provision. The conferees are aware of the challenges 
     associated with water management in the Missouri River Basin 
     and urge all parties to work cooperatively in addressing 
     these issues.

                                TITLE II

                       DEPARTMENT OF THE INTERIOR

                          Central Utah Project


                CENTRAL UTAH PROJECT COMPLETION ACCOUNT

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

                         Bureau of Reclamation


                      WATER AND RELATED RESOURCES

                     (INCLUDING TRANSFERS OF FUNDS)

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

[[Page 20757]]

     
     


[[Page 20758]]



[[Page 20759]]



[[Page 20760]]



[[Page 20761]]



[[Page 20762]]

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


                CENTRAL VALLEY PROJECT RESTORATION FUND

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


                    CALIFORNIA BAY-DELTA RESTORATION

                     (INCLUDING TRANSFERS OF FUNDS)

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


                       POLICY AND ADMINISTRATION

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


                        ADMINISTRATIVE PROVISION

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

             GENERAL PROVISIONS--DEPARTMENT OF THE INTERIOR

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

                               TITLE III

                          DEPARTMENT OF ENERGY

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

[[Page 20763]]

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

                       Reprogramming Requirements

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

                            ENERGY PROGRAMS

                 Energy Efficiency And Renewable Energy


                    (INCLUDING RESCISSION OF FUNDS)

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

[[Page 20764]]

     International Program that directly benefit domestic 
     industry, increase American energy self-sufficiency, further 
     United States research efforts, or reduce domestic pollution. 
     Within available funds, the conference agreement includes 
     $2,000,000 for the U.S.-Israel energy cooperative agreement.
       Weatherization Assistance.--The conference agreement 
     includes a provision giving the Secretary authority to waive 
     the weatherization formula in order to distribute fiscal year 
     2012 funds to states, once they have spent all prior-year and 
     emergency funds, at a rate of spending consistent with the 
     fiscal year 2011 level.

              Electricity Delivery And Energy Reliability

       The conference agreement provides $139,500,000 for 
     Electricity Delivery and Energy Reliability, instead of 
     $139,496,000 as proposed by the House and $141,010,000 as 
     proposed by the Senate.
       The conferees provide $25,490,000 for Clean Energy 
     Transmission and Reliability, and include no funds for the 
     proposed Smart Grid Technology and Systems Energy Innovation 
     Hub. The conference agreement includes $24,000,000 for Smart 
     Grid Research and Development, $20,000,000 for Energy 
     Storage, and $30,000,000 for Cyber Security for Energy 
     Delivery Systems.

                             Nuclear Energy

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

                 Fossil Energy Research and Development


                    (INCLUDING RESCISSION OF FUNDS)

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

                 Naval Petroleum and Oil Shale Reserves

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

                      Strategic Petroleum Reserve

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

                         SPR Petroleum Account


                    (INCLUDING RESCISSION OF FUNDS)

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

                   Northeast Home Heating Oil Reserve


                    (INCLUDING RESCISSION OF FUNDS)

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

                   Energy Information Administration

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

                   Non-Defense Environmental Cleanup

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

      Uranium Enrichment Decontamination and Decommissioning Fund

       The conference agreement provides $472,930,000 for 
     activities funded from the Uranium Enrichment Decontamination 
     and Decommissioning Fund, instead of $449,000,000 as proposed 
     by the House and $429,000,000 as proposed by the Senate. This 
     amount includes post closure contract liabilities, pensions, 
     and community and regulatory program support. The conference

[[Page 20765]]

     agreement does not include the House provision restricting 
     the Department's use of up to $150,000,000 in proceeds from 
     the barter, transfer, or sale of uranium to carry out uranium 
     enrichment facility decontamination and decommissioning and 
     remedial actions.
       The conferees are aware that the Department has yet to 
     alter the contractual mechanism by which it has been 
     transferring uranium to a contractor in exchange for 
     additional cleanup services at Portsmouth in order to correct 
     the violations of federal law cited in the Government 
     Accountability Office's report ``Clarifying DOE's Disposition 
     Options Could Help Avoid Further Legal Violations'' (GAO-11-
     846). This type of arrangement continues to be off-budget and 
     inappropriately bypasses the congressional appropriations 
     process. There is also considerable concern that the 
     increasing amount of uranium being transferred could 
     destabilize the uranium market and thereby adversely impact 
     our domestic uranium mining industry.
       The conferees request the Comptroller General to report to 
     the Committees on Appropriations of the House of 
     Representatives and the Senate, not later than March 15, 
     2012, on the progress the Department has made in resolving 
     the concerns raised in GAO-11-846. To increase transparency 
     into Department of Energy actions, the Department shall fully 
     adhere to the reporting requirements in this Act and have a 
     current determination by the Secretary that any barter, 
     transfer or sale of uranium carried out by the Department 
     will not have an adverse material impact on the domestic 
     uranium mining, conversion, or enrichment industry. The 
     Department is further directed to provide the full details of 
     any proposed barter, transfer or sale of uranium in its 
     fiscal year 2013 budget request.

                                Science

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

                         Nuclear Waste Disposal

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

               Advanced Research Projects Agency--Energy

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

         Title 17 Innovative Technology Loan Guarantee Program

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

        Advanced Technology Vehicles Manufacturing Loan Program

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

                      Departmental Administration

       The conference agreement provides $237,623,000 for 
     Departmental Administration as proposed by the Senate, 
     instead of $63,374,000 as proposed by the House. The 
     conferees provide $1,000,000 within available funds to 
     contract with the National Academy of Public Administration 
     (NAPA) for an independent review of the management and 
     oversight of the Department's national laboratories. NAPA 
     should consider such issues as whether existing laboratory 
     performance metrics for the Department's management and 
     operations contractors measure critical aspects of their 
     performance and how the Department utilizes performance 
     metrics and data. NAPA should coordinate with the GAO and the 
     National Academy of Sciences over the course of its study to 
     prevent duplication of effort by using the results of their 
     studies to the extent that they are available. NAPA

[[Page 20766]]

     should submit a report with its findings, conclusions, and 
     recommendations no later than 9 months after the Department 
     has contracted with NAPA pursuant to this directive.

                    Office of the Inspector General

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

                    Atomic Energy Defense Activities

                National Nuclear Security Administration

       The National Nuclear Security Administration (NNSA), a 
     semi-autonomous agency within the Department of Energy, 
     manages the nation's nuclear weapons programs, nuclear 
     nonproliferation programs, and naval reactors activities.
       The conference agreement provides $11,000,000,000 for the 
     National Nuclear Security Administration.
       Warhead Life Extensions.--The NNSA is directed to fully 
     adhere to the new reporting requirements for early life 
     extension activities contained in the House report beginning 
     with submission of the fiscal year 2013 budget request, and 
     to the reporting requirement for the B61 Life Extension 
     Program in the Senate report within 3 months of enactment. In 
     lieu of the JASON B61 study directed in the Senate report, if 
     the NNSA's selected option for the B61 Life Extension Program 
     includes any nuclear scope, the JASON group of scientific 
     advisors shall submit an assessment by September 1, 2012, to 
     the House and Senate Committees on Appropriations on the 
     extent to which the nuclear scope is needed to enhance the 
     safety, security, and maintainability of a refurbished B61 
     and whether changes to the weapon will affect its long-term 
     safety, security, reliability, and military characteristics.
       Maintenance and Operations.--The conferees support the 
     guidance in the House and Senate reports to establish 
     standardized direct reporting for facility and infrastructure 
     maintenance costs at each site and to identify separate 
     maintenance funding by site in the fiscal year 2014 budget 
     request for Readiness in Technical Base and Facilities.
       Human Capital.--In order to meet human capital requirements 
     for the NNSA sites and to support the NNSA's strategic 
     efforts to strengthen its science, technology, management and 
     engineering base, the NNSA should provide incentives for its 
     management and operations contractors, including those at the 
     production sites, to work with universities and other 
     institutions of higher educationto develop programs 
     that support graduate research assistantships, implement 
     educational programs that meet NNSA technical needs, and 
     implement workforce development initiatives.

                           Weapons Activities

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

                    Defense Nuclear Nonproliferation


                    (INCLUDING RESCISSION OF FUNDS)

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

                             Naval Reactors

       The conference agreement provides $1,080,000,000 for Naval 
     Reactors, instead of

[[Page 20767]]

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

                      Office of the Administrator

       The conference agreement provides $410,000,000 for the 
     Office of the Administrator, instead of $400,000,000 as 
     proposed by the House and $404,000,000 as proposed by the 
     Senate. The conference agreement includes the requested 
     amount of $6,000,000 for Weapons, $3,000,000 for Defense 
     Nuclear Nonproliferation, and $1,000,000 for Naval Reactors 
     to engage Historically Black Colleges and Universities, and 
     further directs the engagement of Hispanic Serving 
     Institutions and minority outreach at other colleges and 
     universities.
       The conferees are concerned with overlap and duplication 
     between the NNSA Office of Congressional Affairs, the 
     Department of Energy (DOE) Office of Congressional Affairs, 
     and the DOE Chief Financial Officer's External Coordination 
     office (CFO ExCo). The conferees believe that the CFO ExCo 
     can provide appropriate liaison support to the Committees on 
     Appropriations and that one consolidated Congressional 
     Affairs office can provide adequate support to the rest of 
     the legislative branch. The conferees direct the Department 
     to propose a consolidation of the NNSA Congressional Affairs 
     functions into DOE's CFO ExCo, Office of Congressional 
     Affairs, or a combination of both, within 60 days of 
     enactment of this Act. Such consolidation should provide $1-2 
     million in budgetary savings.

               ENVIRONMENTAL AND OTHER DEFENSE ACTIVITIES

                     Defense Environmental Cleanup

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

                        Other Defense Activities

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

                    POWER MARKETING ADMINISTRATIONS

                  Bonnevile Power Administration Fund

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

      Operation and Maintenance, Southeastern Power Administration

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

      Operation and Maintenance, Southwestern Power Administration

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

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

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

           Falcon and Amistad Operating and Maintenance Fund

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

                  Federal Energy Regulatory Commission


                         SALARIES AND EXPENSES

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

                GENERAL PROVISIONS--DEPARTMENT OF ENERGY


              (INCLUDING RESCISSION AND TRANSFER OF FUNDS)

       The conference agreement includes a modification to the 
     House provision regarding reprogramming of funds. The Senate 
     proposed no similar provision.
       The conference agreement does not include a provision 
     proposed by the House regarding workforce restructuring. The 
     Senate proposed no similar provision. The conferees expect 
     the Department to continue to follow the guidelines 
     established by this provision.
       The conference agreement includes a provision proposed by 
     the House and Senate relating to unexpended balances.
       The conference agreement includes a provision proposed by 
     the Senate specifically authorizing intelligence activities 
     pending enactment of the fiscal year 2012 Intelligence 
     Authorization Act. The House proposed a similar provision.
       The conference agreement does not include a House provision 
     regarding Bonneville Power Administration energy efficiency 
     services, although the conferees expect the BPA to continue 
     to follow the guidelines established by that provision. The 
     Senate proposed no similar provision.
       The conference agreement includes a provision proposed by 
     the Senate relating to a future-years energy program. The 
     House proposed no similar provision.
       The conference agreement does not include a provision 
     proposed by the House and Senate directing the governance of 
     user facilities. The conferees expect the Department to

[[Page 20768]]

     continue to follow the guidelines established by this 
     provision.
       The conference agreement includes a provision proposed by 
     the Senate relating to loan guarantee co-pay. The House 
     proposed no similar provision.
       The conference agreement does not include a provision 
     proposed by the House that establishes certain limitations 
     and requirements with respect to the transfer of funds by the 
     Secretary of Energy to reimburse the costs of defined 
     benefits pension plans for contractor employees. This 
     provision is now contained in current law. The Senate 
     proposed no similar provision.
       The conference agreement includes a provision proposed by 
     the House establishing estimated cost parameters for plant 
     and construction activities for the purposes of sections 4703 
     and 4704 of the Atomic Energy Defense Act.
       The conference agreement modifies a provision proposed by 
     the Senate relating to the minor construction threshold for 
     the Bonneville Power Administration. The House proposed no 
     similar provision.
       The conference agreement includes a provision proposed by 
     the House that prohibits the use of funds in this title for 
     capital construction of high hazard nuclear facilities, 
     unless certain independent oversight is conducted. The Senate 
     proposed no similar provision.
       The conference agreement does not include a provision 
     proposed by the Senate relating to the Ultra-Deepwater and 
     Unconventional Natural Gas and Other Petroleum Research Fund. 
     The House proposed no similar provision.
       The conference agreement modifies a provision proposed by 
     the Senate related to contractor pay freeze. The House 
     proposed no similar provision.
       The conference agreement includes a provision proposed by 
     the House that prohibits the use of funds to approve critical 
     decision-2 or critical decision-3 for certain construction 
     projects, unless a separate independent cost estimate has 
     been developed for that critical decision.
       The conference agreement modifies a provision proposed by 
     the House that establishes certain notification requirements 
     that must be fulfilled before any funds may be used to make 
     certain awards, allocations, agreements, or public 
     announcements. The Senate proposed no similar provision.
       The conference agreement includes a provision proposed by 
     the Senate relating to the barter of uranium. The House 
     proposed no similar provision.
       The conference agreement does not include a provision 
     relating to loan guarantee notifications. The Senate proposed 
     no similar provision.
       The conference agreement includes a provision proposed by 
     the House regarding the weatherization program eligibility 
     cap. The Senate proposed no similar provision.
       The conference agreement includes a provision proposed by 
     the Senate on lighting standards. The House proposed no 
     similar provision.
       The conference agreement includes a provision proposed by 
     the House prohibiting funds to implement or enforce higher 
     efficiency light bulb standards. The Senate proposed no 
     similar provision.
       The conference agreement modifies a provision proposed by 
     the Senate relating to the third-party use of metering 
     stations for the Strategic Petroleum Reserve. The House 
     proposed no similar provision.
       The conference agreement does not include a provision 
     proposed by the House relating to significant regulatory 
     actions. The Senate proposed no similar provision. 

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                                TITLE IV

                          INDEPENDENT AGENCIES

                    Appalachian Regional Commission

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

                Defense Nuclear Facilities Safety Board


                         SALARIES AND EXPENSES

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

                        Delta Regional Authority


                         SALARIES AND EXPENSES

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

                           Denali Commission

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

                  Northern Border Regional Commission

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

                 Southeast Crescent Regional Commission

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

                     Nuclear Regulatory Commission


                         SALARIES AND EXPENSES

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


                      OFFICE OF INSPECTOR GENERAL

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

                  Nuclear Waste Technical Review Board


                         SALARIES AND EXPENSES

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

Office of the Federal Coordinator for Alaska Natural Gas Transportation 
                                Projects

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

                GENERAL PROVISIONS--INDEPENDENT AGENCIES

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

                                TITLE V

                           GENERAL PROVISIONS

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

[[Page 20785]]

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

                               TITLE V/VI

           EMERGENCY SUPPLEMENTAL FUNDING FOR DISASTER RELIEF

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

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

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

                                TITLE I

                       DEPARTMENT OF THE TREASURY

                          DEPARTMENTAL OFFICES


                         SALARIES AND EXPENSES

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


                      OFFICE OF INSPECTOR GENERAL

                         SALARIES AND EXPENSES

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


           TREASURY INSPECTOR GENERAL FOR TAX ADMINISTRATION

                         SALARIES AND EXPENSES

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


    SPECIAL INSPECTOR GENERAL FOR THE TROUBLED ASSET RELIEF PROGRAM

                         SALARIES AND EXPENSES

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

                  Financial Crimes Enforcement Network


                         SALARIES AND EXPENSES

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

                        Treasury Forfeiture Fund


                              (RESCISSION)

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

                      Financial Management Service


                         SALARIES AND EXPENSES

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

                Alcohol and Tobacco Tax and Trade Bureau


                         SALARIES AND EXPENSES

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

                           United States Mint


               UNITED STATES MINT PUBLIC ENTERPRISE FUND

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

                       Bureau of the Public Debt


                     ADMINISTERING THE PUBLIC DEBT

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

   Community Development Financial Institutions Fund Program Account

       The conference agreement provides $221,000,000 for the 
     Community Development Financial Institutions (CDFI) Fund 
     program.
       The conference agreement waives the matching fund 
     requirement for the Small and/or Emerging CDFI applicants 
     (SECA)

[[Page 20799]]

     and the Native Initiatives for only one year. SECAs are 
     insured depository institutions and depository institution 
     holding companies with total assets up to $250 million, 
     insured credit unions with total assets up to $10 million, 
     venture capital funds with total assets up to $10 million, or 
     other type of certified/certifiable CDFI with total assets up 
     to $5 million as of September 30, 2011, or began operations 
     on or after January 1, 2008.
       The conference agreement designates no funding for the Bank 
     on USA Initiative.

                        Internal Revenue Service


                           TAXPAYER SERVICES

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


                              ENFORCEMENT

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


                           OPERATIONS SUPPORT

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


                     BUSINESS SYSTEMS MODERNIZATION

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


          ADMINISTRATIVE PROVISIONS--INTERNAL REVENUE SERVICE

                     (INCLUDING TRANSFER OF FUNDS)

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


         ADMINISTRATIVE PROVISIONS--DEPARTMENT OF THE TREASURY

                     (INCLUDING TRANSFERS OF FUNDS)

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

                                TITLE II

    EXECUTIVE OFFICE OF THE PRESIDENT AND FUNDS APPROPRIATED TO THE 
                               PRESIDENT

                     Compensation of the President

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

                            The White House


                         SALARIES AND EXPENSES

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

                 Executive Residence at the White House


                           OPERATING EXPENSES

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

                   White House Repair and Restoration

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

                      Council of Economic Advisers


                         SALARIES AND EXPENSES

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

        National Security Council and Homeland Security Council


                         SALARIES AND EXPENSES

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

                        Office of Administration


                         SALARIES AND EXPENSES

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

                    Office of Management and Budget


                         SALARIES AND EXPENSES

       The conference agreement provides $89,456,000 for the 
     salaries and expenses of the Office of Management and Budget 
     (OMB), instead of $82,575,000 as proposed by the House and 
     $90,833,000 as proposed by the Senate.
       The conferees direct OMB to submit a report to the 
     Committee within 120 days of enactment of this Act detailing 
     current capabilities of and deficiencies in the Federal 
     Government's core budgeting system.
       In light of increased efforts to identify government-wide 
     efficiencies and anticipate the cost of major infrastructure 
     projects, the Committee instructs OMB to examine Circular A-
     94. The Committee expects OMB's review of Circular A-94 to 
     include an examination of the potential to incorporate life-
     cycle cost analysis. Moreover, this analysis should be as 
     accurate, complete and reflective of the real costs and 
     lifespans of materials as possible, including the use of 
     material-specific discount rates and maintenance

[[Page 20800]]

     scheduled cost. OMB is directed to report to the Committee 
     within 180 days of enactment of this Act on the status of 
     reviewing Circular A-94. OMB should include appropriate 
     experts in the field of life-cycle cost analysis, as well as 
     appropriate industry experts and research centers.
       The conferees believe that agency staffing decisions should 
     be based on agency workload and the level of funds made 
     available, rather than pre-determined formulaic reductions. 
     Decisions to backfill vacant positions should be based on the 
     number of staff with the combination of skills and 
     qualifications necessary to carry out the agency's mission 
     within available funding levels. The OMB Director shall 
     report in February annually to the House and Senate 
     Appropriations Committees on any agencies not adhering to the 
     policies mentioned above.
       The conferees direct OMB to issue guidance, consistent with 
     section 735 of division D of the Omnibus Appropriations Act, 
     2009, Public Law 111-8, and section 739(a)(1) of division D 
     of the Consolidated Appropriations Act, 2008 (Public Law 110-
     161), and section 327 of the 2008 National Defense 
     Authorization Act (Public Law 110-181), regarding use of 
     direct conversions to contract out, in whole or in part, 
     activities or functions last performed by Federal employees.
       The conferees expect OMB to honor the terms and conditions 
     of appropriations Acts by not only reviewing reprogramming 
     requests submitted to the Committees on Appropriations 
     pursuant to the reprogramming conditions of this or any other 
     Act, but also by reviewing agency activities for compliance 
     with reprogramming conditions. With regard to section 608 of 
     this Act, the conferees find that reimbursable agreements and 
     other similar funding mechanisms utilized for the purpose of 
     reallocating funding shall be considered a reprogramming of 
     funds under such section. When determining the applicability 
     of section 608, OMB and the agencies should consult with the 
     Committees on Appropriations.

                 Office of National Drug Control Policy


                         SALARIES AND EXPENSES

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


                     FEDERAL DRUG CONTROL PROGRAMS

             HIGH INTENSITY DRUG TRAFFICKING AREAS PROGRAM

                     (INCLUDING TRANSFERS OF FUNDS)

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


                  OTHER FEDERAL DRUG CONTROL PROGRAMS

                     (INCLUDING TRANSFERS OF FUNDS)

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

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

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

   Integrated, Efficient and Effective Uses of Information Technology


                     (INCLUDING TRANSFER OF FUNDS)

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

                          Unanticipated Needs

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

                  Special Assistance to the President


                         SALARIES AND EXPENSES

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

                Official Residence of the Vice President


                           OPERATING EXPENSES

                     (INCLUDING TRANSFER OF FUNDS)

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

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


             (INCLUDING TRANSFERS OF FUNDS AND RESCISSIONS)

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

                               TITLE III

                             THE JUDICIARY

                   Supreme Court of the United States


                         SALARIES AND EXPENSES

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


                    CARE OF THE BUILDING AND GROUNDS

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

         United States Court of Appeals for the Federal Circuit


                         SALARIES AND EXPENSES

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

               United States Court of International Trade


                         SALARIES AND EXPENSES

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

    Courts of Appeals, District Courts, and Other Judicial Services


                         SALARIES AND EXPENSES

       The conference agreement provides $5,015,000,000 for the 
     salaries and expenses of

[[Page 20801]]

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


                           DEFENDER SERVICES

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


                    FEES OF JURORS AND COMMISSIONERS

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


                             COURT SECURITY

                     (INCLUDING TRANSFERS OF FUNDS)

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

           Administrative Office of the United States Courts


                         SALARIES AND EXPENSES

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

                        Federal Judicial Center


                         SALARIES AND EXPENSES

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

                       Judicial Retirement Funds


                    PAYMENT TO JUDICIARY TRUST FUNDS

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

                  United States Sentencing Commission


                         SALARIES AND EXPENSES

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

                Administrative Provisions--The Judiciary


                     (INCLUDING TRANSFER OF FUNDS)

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

                                TITLE IV

                          DISTRICT OF COLUMBIA


       federal funds federal payment for resident tuition support

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


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

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


           FEDERAL PAYMENT TO THE DISTRICT OF COLUMBIA COURTS

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


  FEDERAL PAYMENT FOR DEFENDER SERVICES IN DISTRICT OF COLUMBIA COURTS

                     (INCLUDING TRANSFER OF FUNDS)

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


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

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


  FEDERAL PAYMENT TO THE DISTRICT OF COLUMBIA PUBLIC DEFENDER SERVICE

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


 FEDERAL PAYMENT TO THE DISTRICT OF COLUMBIA WATER AND SEWER AUTHORITY

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


      FEDERAL PAYMENT TO THE CRIMINAL JUSTICE COORDINATING COUNCIL

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


                FEDERAL PAYMENT FOR JUDICIAL COMMISSIONS

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


                 FEDERAL PAYMENT FOR SCHOOL IMPROVEMENT

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


      FEDERAL PAYMENT FOR THE DISTRICT OF COLUMBIA NATIONAL GUARD

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


         FEDERAL PAYMENT FOR TESTING AND TREATMENT OF HIV/AIDS

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

                       District of Columbia Funds

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

                                TITLE V

                          INDEPENDENT AGENCIES

             Administrative Conference of the United States


                         SALARIES AND EXPENSES

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

               Christopher Columbus Fellowship Foundation


                         SALARIES AND EXPENSES

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

                   Consumer Product Safety Commission


                         SALARIES AND EXPENSES

       The conference agreement includes $114,500,000 for the 
     Consumer Product Safety

[[Page 20802]]

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


     ADMINISTRATIVE PROVISIONS--CONSUMER PRODUCT SAFETY COMMISSION

       The conference agreement includes the following 
     administrative provisions for the Consumer Product Safety 
     Commission:
       Section 501 permits CPSC staff serving abroad to be 
     eligible for benefits similar to those authorized for Foreign 
     Service officials.
       Section 502 includes language making technical corrections 
     to the Virginia Graeme Baker Pool and Spa Safety Act.
       Section 503 requires the Government Accountability Office 
     (GAO) to study the potential risks associated with new and 
     emerging consumer products.
       Section 504 requires the GAO to study the efficacy of 
     voluntary industry standards for consumer products.

                     Election Assistance Commission


                         SALARIES AND EXPENSES

                     (INCLUDING TRANSFER OF FUNDS)

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

                   Federal Communications Commission


                         SALARIES AND EXPENSES

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


      ADMINISTRATIVE PROVISIONS--FEDERAL COMMUNICATIONS COMMISSION

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

                 Federal Deposit Insurance Corporation


                    OFFICE OF THE INSPECTOR GENERAL

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

                      Federal Election Commission


                         SALARIES AND EXPENSES

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

                   Federal Labor Relations Authority


                         SALARIES AND EXPENSES

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

                        Federal Trade Commission


                         SALARIES AND EXPENSES

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

                    General Services Administration


                        REAL PROPERTY ACTIVITIES

                         FEDERAL BUILDINGS FUND

                 LIMITATIONS ON AVAILABILITY OF REVENUE

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

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

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


                           GENERAL ACTIVITIES

                         GOVERNMENT-WIDE POLICY

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


                           OPERATING EXPENSES

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


                      OFFICE OF INSPECTOR GENERAL

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


                       ELECTRONIC GOVERNMENT FUND

                     (INCLUDING TRANSFER OF FUNDS)

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


           ALLOWANCES AND OFFICE STAFF FOR FORMER PRESIDENTS

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


                     FEDERAL CITIZEN SERVICES FUND

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


       ADMINISTRATIVE PROVISIONS--GENERAL SERVICES ADMINISTRATION

             (INCLUDING TRANSFERS OF FUNDS AND RESCISSION)

       The conferees agree to the following provisions:
       Section 520 specifies that funds are available for hire of 
     motor vehicles.
       Section 521 authorizes transfers within the Federal 
     Buildings Fund, with advance approval of the Committees on 
     Appropriations.
       Section 522 prohibits the use of funds to transmit a fiscal 
     year 2013 request for courthouse construction unless the 
     request meets design guide standards, reflects the priorities 
     in the Judicial Conference 5-year construction plan, and 
     includes a standardized courtroom utilization study.
       Section 523 specifies that funds in this Act may not be 
     used to increase the amount of occupiable space or provide 
     services such as cleaning or security for any agency that 
     does not pay the rental charges assessed by GSA.
       Section 524 permits GSA to pay certain construction-related 
     claims against the Federal Government from savings achieved 
     in other projects.
       Section 525 requires that the delineated area of 
     procurement for leased space match

[[Page 20803]]

     the approved prospectus, unless the Administrator provides an 
     explanatory statement to the appropriate congressional 
     committees.
       Section 526 increases the permissible uses of the fees 
     collected by the GSA Federal Acquisition Institute.
       Section 527 rescinds $4,600,000 from completed projects.
       Section 528 directs GSA to submit a report within 120 days 
     of enactment of this Act about programs funded by 
     appropriations to GSA, but not under GSA control.

                 Harry S Truman Scholarship Foundation


                         SALARIES AND EXPENSES

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

                     Merit Systems Protection Board


                         SALARIES AND EXPENSES

                     (INCLUDING TRANSFER OF FUNDS)

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

            Morris K. Udall and Stewart L. Udall Foundation


            MORRIS K. UDALL AND STEWART L. UDALL TRUST FUND

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


                 ENVIRONMENTAL DISPUTE RESOLUTION FUND

       The conference agreement includes $3,792,000 for payment to 
     the Environmental Dispute Resolution Fund as proposed by the 
     Senate.

              National Archives and Records Administration


                           OPERATING EXPENSES

                     (INCLUDING TRANSFER OF FUNDS)

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


                      OFFICE OF INSPECTOR GENERAL

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


                        REPAIRS AND RESTORATION

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


 NATIONAL HISTORICAL PUBLICATIONS AND RECORDS COMMISSION GRANTS PROGRAM

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

                  National Credit Union Administration


                       CENTRAL LIQUIDITY FACILITY

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


               COMMUNITY DEVELOPMENT REVOLVING LOAN FUND

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

                      Office of Government Ethics


                         SALARIES AND EXPENSES

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

                     Office of Personnel Management


                         SALARIES AND EXPENSES

                  (INCLUDING TRANSFER OF TRUST FUNDS)

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


                      OFFICE OF INSPECTOR GENERAL

                         SALARIES AND EXPENSES

                  (INCLUDING TRANSFER OF TRUST FUNDS)

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


      GOVERNMENT PAYMENT FOR ANNUITANTS, EMPLOYEES HEALTH BENEFITS

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


       GOVERNMENT PAYMENT FOR ANNUITANTS, EMPLOYEE LIFE INSURANCE

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


        PAYMENT TO CIVIL SERVICE RETIREMENT AND DISABILITY FUND

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

                       Office of Special Counsel


                         SALARIES AND EXPENSES

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

                      Postal Regulatory Commission


                         SALARIES AND EXPENSES

                     (INCLUDING TRANSFER OF FUNDS)

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

              Privacy and Civil Liberties Oversight Board


                         Salaries and Expenses

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

             Recovery Accountability and Transparency Board


                         Salaries and Expenses

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

                   Securities and Exchange Commission

                         Salaries and Expenses

       The conference agreement provides $1,321,000,000 for the 
     Securities and Exchange Commission (SEC), instead of 
     $1,185,000,000 as proposed by the House and $1,407,483,130 as 
     proposed by the Senate. The conference agreement provides 
     that $1,321,000,000 be derived from offsetting collections 
     resulting in no net appropriation.
       The conference agreement provides that the SEC Office of 
     Inspector General shall receive no less than $6,795,000 as 
     proposed by the Senate, instead of $6,790,000 as proposed by 
     the House.
       The conferees do not adopt the Senate designation of 
     $483,130 specifically for the strengthening of the 
     acquisition workforce. However, while not designating 
     funding, the Committee remains concerned about the SEC's 
     acquisition processes and expects the SEC to dedicate 
     sufficient resources to strengthening the agency's capacity 
     and capabilities of the acquisition workforce.
       The conferees remain seriously concerned with the SEC's 
     lack of judgment in its past leasing practices, most notably 
     the mismanagement of the agency's Constitution Center lease. 
     The conferees are unconvinced that the SEC's efforts to 
     reform their leasing practices have fully addressed the 
     problems. The agency's leasing and budgetary recording 
     practices over the last 20 years of independent leasing 
     authority have led the SEC to experience budget deficiencies. 
     The conferees consider this unacceptable and expect the SEC 
     to carefully evaluate all prospective leases and renewals of 
     existing leases going forward in relation to the budget 
     resources. The conferees are aware of the SEC's arrangement 
     with the General Services Administration, which the conferees 
     believe is a

[[Page 20804]]

     good first step. The conferees intend to closely monitor how 
     the SEC exercises its leasing authority to ensure that the 
     SEC has adequately reformed its leasing practices.
       The conferees are also highly concerned about the 
     unauthorized destruction of documents by the SEC which 
     spanned a decade and remained ongoing even after the National 
     Archives and Records Administration asked for an explanation. 
     The preservation of agency documents is critical to the 
     record keeping of every agency and Federal rules have been 
     established in the interest of transparency and disclosure. 
     As the agency tasked with monitoring companies' disclosures, 
     this latest chapter of mismanagement at the SEC contravenes 
     the agency's own mission and distracts SEC management from 
     focusing on the critical work of protecting investors.
       Due to the above concerns, the conferees direct the SEC to 
     provide the House and Senate Appropriations Committees with 
     corrective action reports, submitted to the SEC Inspector 
     General, related to lease agreements and document destruction 
     no later than 30 days after enactment of this Act.

                        Selective Service System

                         Salaries and Expenses

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

                     Small Business Administration

                         Salaries and Expenses

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

------------------------------------------------------------------------
 
------------------------------------------------------------------------
Veterans Programs.......................................      $2,500,000
7(j) Technical Assistance Programs......................       3,100,000
Small Business Development Centers......................     112,500,000
SCORE...................................................       7,000,000
Women's Business Centers................................      14,000,000
Women's Business Council................................         998,000
Native American Outreach................................       1,250,000
Microloan Technical Assistance..........................      20,000,000
PRIME...................................................       3,500,000
HUBZone.................................................       2,500,000
Entrepreneurial Development Initiative (Clusters).......       5,000,000
    Total, non-credit programs..........................     172,348,000
------------------------------------------------------------------------

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


                      Office of Inspector General

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


                           Office of Advocacy

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


                     BUSINESS LOANS PROGRAM ACCOUNT

                     (INCLUDING TRANSFER OF FUNDS)

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


                     DISASTER LOANS PROGRAM ACCOUNT

                     (INCLUDING TRANSFERS OF FUNDS)

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


        ADMINISTRATIVE PROVISIONS--SMALL BUSINESS ADMINISTRATION

                     (INCLUDING TRANSFER OF FUNDS)

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

                      United States Postal Service


                   PAYMENT TO THE POSTAL SERVICE FUND

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

                      Office of Inspector General


                         SALARIES AND EXPENSES

                     (INCLUDING TRANSFER OF FUNDS)

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

                        United States Tax Court


                         SALARIES AND EXPENSES

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

                                TITLE VI

                      GENERAL PROVISIONS--THIS ACT


                         (INCLUDING RECISSIONS)

       The conferees agree to the following provisions:
       Section 601 prohibits paying expenses or otherwise 
     compensating non-Federal parties in regulatory or 
     adjudicatory proceedings funded in this Act.
       Section 602 prohibits obligations beyond the current fiscal 
     year and transfers of funds unless expressly so provided 
     herein.
       Section 603 limits consulting service expenditures to 
     contracts where such expenditures are a matter of public 
     record, with exceptions.
       Section 604 prohibits funds from being transferred to any 
     department, agency, or instrumentality of the United States 
     without express authority provided in this or any other 
     appropriations Act.
       Section 605 prohibits the use of funds to engage in 
     activities that would prohibit the enforcement of section 307 
     of the 1930 Tariff Act.
       Section 606 prohibits funds from being expended unless the 
     recipient agrees to comply with the Buy American Act.
       Section 607 prohibits funding to a person or entity 
     convicted of violating the Buy American Act.
       Section 608 provides reprogramming authority and requires 
     agencies to submit financial plans to the House and Senate 
     Appropriations Committees.
       Section 609 provides that not to exceed 50 percent of 
     unobligated balances from salaries and expenses may remain 
     available for certain purposes.
       Section 610 prohibits funds for the Executive Office of the 
     President to request any official background investigation 
     from the Federal Bureau of Investigation unless the person 
     has given consent or there are national security 
     circumstances.
       Section 611 requires that cost accounting standards not 
     apply to a contract under the Federal Employees Health 
     Benefits Program.
       Section 612 permits the Office of Personnel Management to 
     accept funds regarding the nonforeign area cost of living 
     allowances.
       Section 613 prohibits the expenditure of funds for 
     abortions under the Federal Employees Health Benefits 
     Program.
       Section 614 provides an exemption from section 613 if the 
     life of the mother is in danger or the pregnancy is a result 
     of an act of rape or incest.
       Section 615 waives restrictions on the purchase of non-
     domestic articles, materials, and supplies for information 
     technology acquired by the Federal Government.
       Section 616 prohibits the acceptance by any regulatory 
     agency or commission funded by this Act, or by their officers 
     or employees, of payment or reimbursement for travel, 
     subsistence, or related expenses from any person or entity 
     (or their representative) that engages in activities 
     regulated by such agency or commission.
       Section 617 provides authority for the Public Company 
     Accounting Oversight Board to obligate funds for a 
     scholarship program.
       Section 618 rescinds $998,000 in unobligated balances for 
     the Privacy and Civil Liberties Oversight Board. The 
     conferees note the Board has yet to be established.
       Section 619 requires the President to transmit proposed 
     deficiency and supplemental appropriations requests to 
     Congress on behalf of the judicial and legislative branches 
     as is presently done for the executive branch.
       Section 620 permits the SEC and CFTC to fund a joint 
     advisory committee to advise on emerging regulatory issues, 
     notwithstanding section 708 of this Act.
       Section 621 includes language regarding the Abraham Lincoln 
     Commemorative Coin Act.
       Section 622 allows the publication in the Federal Register 
     of a reference to the Help America Vote Act State plans, 
     rather than publication of the complete State plans.
       Section 623 rescinds $25,000,000 from the Securities and 
     Exchange Commission Reserve Fund established by the Dodd-
     Frank Wall Street Reform and Consumer Protection Act.
       Section 624 requires certain agencies to provide quarterly 
     reports on unobligated prior year balances.

[[Page 20805]]

       Section 625 requires agencies covered by this Act with 
     independent leasing authority to consult with the General 
     Services Administration before seeking new office space or 
     making alterations to existing office space.
       Section 626 prohibits funds for the FTC to complete the 
     draft report on food marketed to children unless certain 
     requirements are met.
       Section 627 prohibits funds for certain positions.
       Section 628 provides that no FCC funds may be used, or 
     otherwise permitted, for certain commercial terrestrial 
     operations.
       Section 629 prohibits funding for hiring new Federal 
     employees that are not verified through the E-Verify Program.
       Section 630 prohibits funds to any corporation with certain 
     unpaid Federal tax liabilities unless the agency has 
     considered suspension or debarment of the corporation and 
     made a determination that further action is not necessary to 
     protect the interests of the Government.
       Section 631 prohibits funds to any corporation that was 
     convicted of a felony criminal violation within the preceding 
     24 months unless the agency has considered suspension or 
     debarment of the corporation and made a determination that 
     further action is not necessary to protect the interests of 
     the Government.
       Section 632 delays a statutory requirement for the United 
     States Postal Services to make a payment to the Postal 
     Service Retiree Health Benefit Fund until August 1, 2012.

                               TITLE VII

                  GENERAL PROVISIONS--GOVERNMENT-WIDE

                Departments, Agencies, and Corporations

       The conferees agree to the following provisions:
       Section 701 requires all agencies have a written policy for 
     ensuring a drug-free workplace.
       Section 702 sets specific limits on the cost of passenger 
     vehicles with exceptions for police, heavy duty, electric 
     hybrid and clean fuels vehicles.
       Section 703 makes appropriations available for quarters/
     cost-of-living allowances.
       Section 704 prohibits the use of appropriated funds to 
     compensate officers or employees of the Federal government in 
     the continental United States unless they are citizens of the 
     United States or qualify under other specified exceptions.
       Section 705 ensures that appropriations made available to 
     any department or agency for space, services and rental 
     charges shall also be available for payment to the General 
     Services Administration.
       Section 706 allows the use of receipts from the sale of 
     materials for acquisition, waste reduction and prevention, 
     environmental management programs and other Federal employee 
     programs as appropriate.
       Section 707 allows funds for administrative expenses of 
     government corporations and certain agencies to also be 
     available for rent in the District of Columbia, services 
     under 5 U.S.C. 3109, and the objects specified under this 
     head.
       Section 708 prohibits funds for interagency financing of 
     boards (with exception), commissions, councils, committees or 
     similar groups to receive multi-agency funding without prior 
     statutory approval.
       Section 709 precludes funds for regulations which have been 
     disapproved by joint resolution.
       Section 710 limits the amount of funds that can be used for 
     redecoration of offices under certain circumstances to 
     $5,000, unless advance notice is transmitted to the House and 
     Senate Committees on Appropriations.
       Section 711 allows for interagency funding of national 
     security and emergency preparedness telecommunications 
     initiatives.
       Section 712 requires agencies to certify that a Schedule C 
     appointment was not created solely or primarily to detail the 
     employee to the White House.
       Section 713 prohibits the salary payment of any employee 
     who prohibits, threatens, prevents or otherwise penalizes 
     another employee from communicating with Congress.
       Section 714 prohibits Federal employee training not 
     directly related to the performance of official duties.
       Section 715 prevents funds from being used to implement or 
     enforce non-disclosure agreement policies unless certain 
     provisions are included, updates the Executive Order and 
     other citations and makes provisions for nondisclosure 
     agreements entered into before the effective date of any 
     updated statutes of governance.
       Section 716 prohibits executive branch agencies from using 
     funds for propaganda or publicity purposes in support or 
     defeat of legislative initiatives.
       Section 717 prohibits any Federal agency from disclosing an 
     employee's home address to any labor organization, absent 
     employee authorization or court order.
       Section 718 prohibits funds to be used to provide non-
     public information such as mailing or telephone lists to any 
     person or organization outside the government without the 
     approval of the House and Senate Committees on 
     Appropriations.
       Section 719 prohibits the use of funds for propaganda and 
     publicity purposes not authorized by Congress.
       Section 720 directs agency employees to use official time 
     in an honest effort to perform official duties.
       Section 721 authorizes the use of funds to finance an 
     appropriate share of the Federal Accounting Standards 
     Advisory Board administrative costs.
       Section 722 authorizes the transfer of funds to the General 
     Services Administration to finance an appropriate share of 
     various government-wide boards and councils under certain 
     conditions.
       Section 723 permits breastfeeding in a Federal building or 
     on Federal property if the woman and child are authorized to 
     be there.
       Section 724 permits interagency funding of the National 
     Science and Technology Council and requires the Office of 
     Management and Budget to provide a report to the House and 
     Senate on the budget and resources of the National Science 
     and Technology Council.
       Section 725 requires that the Federal forms that are used 
     in distributing Federal funds to a State must indicate the 
     agency providing the funds, the Federal Domestic Assistance 
     Number, and the amount provided.
       Section 726 prohibits the use of funds to monitor personal 
     information relating to the use of Federal Internet sites to 
     collect, review, or create any aggregate list that includes 
     personally identifiable information relating to access to or 
     use of any Federal Internet site of such agency.
       Section 727 requires health plans participating in the 
     Federal Employees Health Benefits Program to provide 
     contraceptive coverage and provides exemptions to certain 
     religious plans.
       Section 728 recognizes the United States is committed to 
     ensuring the health of the Olympic, Pan American and 
     Paralympic athletes, and supports the strict adherence to 
     antidoping in sport activities.
       Section 729 allows funds for official travel to be used by 
     departments and agencies, if consistent with OMB and Budget 
     Circular A-126, to participate in the fractional aircraft 
     ownership pilot program.
       Section 730 prohibits funds for implementation of the 
     Office of Personnel Management regulations limiting detailees 
     to the Legislative Branch or implementing limitations on the 
     Coast Guard Congressional Fellowship Program.
       Section 731 restricts the use of funds for Federal law 
     enforcement training facilities with an exception for the 
     Federal Law Enforcement Training Center.
       Section 732 prohibits funds for E-Government initiatives 
     sponsored by the Office of Management and Budget prior to 15 
     days following submission of a report to the House and Senate 
     Committees on Appropriations and receipt of the Committees' 
     approval to transfer funds. The section also prohibits funds 
     for new E-Government initiatives without the explicit 
     approval of the Committees.
       Section 733 prohibits funds to begin or announce a study or 
     public-private competition regarding conversion to contractor 
     performance pursuant to OMB Circular A-76.
       Section 734 prohibits executive branch agencies from 
     creating prepackaged news stories that are broadcast or 
     distributed in the United States unless the story includes a 
     clear notification within the text or audio of that news 
     story that the prepackaged news story was prepared or funded 
     by that executive branch agency.
       Section 735 prohibits funds from being used in 
     contravention of the Privacy Act or associated regulations.
       Section 736 requires agencies to evaluate the 
     creditworthiness of an individual before issuing a government 
     travel charge card and prohibits agencies from issuing a 
     government travel charge card to individuals who have an 
     unsatisfactory credit history.
       Section 737 requires the Office of Management and Budget to 
     submit a crosscut budget report on Great Lakes restoration 
     activities not later than 45 days after the submission of the 
     budget of the President to Congress.
       Section 738 prohibits funds in this or any other Act to be 
     used for Federal contracts with inverted domestic 
     corporations, unless the contract preceded this Act or the 
     Secretary grants a waiver in the interest of national 
     security.
       Section 739 prohibits agencies from using funds to 
     implement regulations changing the competitive areas under 
     reductions-in-force for Federal employees.
       Section 740 makes changes to Section 743 of the 
     Consolidated Appropriations Act of 2010 (Public Law 111-117) 
     to require reporting on task orders.
       Section 741 requires agencies to pay a fee to the Office of 
     Personnel Management for processing retirements of employees 
     who separate under Voluntary Early Retirement Authority or 
     who receive Voluntary Separation Incentive payments.
       Section 742 declares references to ``this Act'' contained 
     in any title other than title IV or VIII shall not apply to 
     such titles IV or VIII.
       Section 743 prohibits funds to require any entity 
     submitting an offer for a Federal contract to disclose 
     political contributions.
       Section 744 provides transfer authority for amounts made 
     available to the Commodity Futures Trading Commission for 
     information

[[Page 20806]]

     technology investments under Public Law 112-55.

                               TITLE VIII

                GENERAL PROVISIONS--DISTRICT OF COLUMBIA


                     (INCLUDING TRANSFER OF FUNDS)

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

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

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

                          Classified Programs

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

            TITLE I--DEPARTMENTAL MANAGEMENT AND OPERATIONS

            Office of the Secretary and Executive Management

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

------------------------------------------------------------------------
 
------------------------------------------------------------------------
Immediate Office of the Secretary......................       $5,000,000
Immediate Office of the Deputy Secretary...............        1,918,000
Office of the Chief of Staff...........................        2,300,000
Office of Counternarcotics Enforcement.................        1,800,000
Executive Secretary....................................        8,100,000
Office of Policy.......................................       40,000,000
Office of Public Affairs...............................        5,800,000
Office of Legislative Affairs..........................        6,000,000
Office of Intergovernmental Affairs....................        2,650,000
Office of General Counsel..............................       22,400,000
Office for Civil Rights and Civil Liberties............       22,500,000
Citizenship and Immigration Services Ombudsman.........        6,200,000
Privacy Officer........................................        8,491,000
 
    Total, Office of the Secretary and Executive             133,159,000
     Management........................................
------------------------------------------------------------------------

                             Biometric Exit

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

                 Office of Counternarcotics Enforcement

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

                           Expenditure Plans

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

                           Quarterly Reports

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

[[Page 20823]]

     reports present critical operational statistics, readily 
     available to the Department, which are necessary for 
     appropriate oversight. However, in many instances, the 
     Department has failed to provide these reports in accordance 
     with specified deadlines, with submissions being so late that 
     these reports limit the Committees' ability to ensure timely 
     oversight.

                          Working Capital Fund

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

            Official Reception and Representation Allowances

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

           Coordination of Federal Chemical Security Efforts

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

           Federally Funded Research and Development Centers

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

                             Cybersecurity

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

                       Freedom of Information Act

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

                     Departmental Integrity Efforts

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

              Office of the Under Secretary for Management

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

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

                        Polar Icebreaker Program

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

         Comprehensive and Quarterly Acquisition Status Reports

       Senate Report 111-31 directed the submission of quarterly 
     acquisition reports for major acquisitions. The quarterly 
     reports for fiscal year 2010 were not submitted to Congress 
     at the end of each quarter as directed, but instead all four 
     quarterly reports were combined into one report and submitted 
     on April 12, 2011--over six months after the end of fiscal 
     year 2010. This lack of responsiveness is unacceptable, 
     especially since the information requested is already 
     required by the Department as part of its own acquisition 
     oversight process.
       In order to obtain the information necessary for in-depth 
     congressional oversight, statutory language is included in 
     this Act under ``Office of the Under Secretary for 
     Management'' that requires a Comprehensive Acquisition Status 
     Report to be included as part of the submission of the 
     President's fiscal year 2013 budget, with quarterly updates 
     to be submitted 30 days after the completion of each quarter. 
     The requirements for both reports are addressed below.
       The Comprehensive Acquisition Status Report shall include 
     programs identified for Major Acquisition Oversight as 
     defined in the Department memorandum titled ``Department of 
     Homeland Security Major Acquisition Oversight List'' dated 
     January 25, 2011, and programs that have been classified for 
     major acquisition oversight subsequent to the referenced 
     memorandum.
       The Comprehensive Acquisition Status Report shall include 
     for each major acquisition:
       1. A narrative description to include current gaps and 
     shortfalls, the capabilities to be fielded, and the number of 
     planned increments and/or units;
       2. Acquisition Review Board (or other board designated to 
     review the acquisition) status of each acquisition, including 
     the current acquisition phase, the date of the last review 
     and a listing of the required documents that have been 
     reviewed with the dates reviewed and/or approved;
       3. The most current approved Acquisition Program Baseline 
     (to include project schedules and events);
       4. A comparison of the original Acquisition Program 
     Baseline, the current Acquisition Program Baseline, and the 
     current estimate;

[[Page 20824]]


       5. Whether or not an Independent Verification and 
     Validation has been implemented, with an explanation for the 
     decision and a summary of any findings;
       6. A rating of cost risk, schedule risk, and technical risk 
     associated with the program (including narrative descriptions 
     and mitigation actions);
       7. Contract status (to include earned value management data 
     as applicable);
       8. A life-cycle cost of the acquisition, and time basis for 
     the estimate;
       9. A planned procurement schedule, including the best 
     estimate of the annual cost and increments/units to be 
     procured annually until procurement is complete;
       10. A table delineated by appropriation that provides (for 
     prior years; past year; current year; budget year; budget 
     year plus one; budget year plus two; budget year plus three; 
     budget year plus four and beyond; and total cost) the actual 
     or estimated appropriations, obligations, unobligated 
     authority, and planned expenditures;
       11. The reason for any significant changes (from the 
     previous comprehensive report) in acquisition quantity, cost, 
     or schedule;
       12. Key Events/Milestones from the prior fiscal year; and
       13. Key Events/Milestones for the current fiscal year.
       Quarterly reports shall include:
       1. An updated status report on any major acquisition for 
     which there has been an approved or a new acquisition program 
     baseline, a new acquisition decision memorandum, or where 
     there has been significant deviation from the prior report 
     with respect to acquisition cost, quantity, or schedule (a 
     significant change is any deviation in cost or quantity that 
     exceeds eight percent or any change in schedule that exceeds 
     six months).
       2. A table depicting the title of the program, quantity and 
     cost based on the original Acquisition Program Baseline, 
     quantity and cost based on the most current acquisition 
     program baseline, the quantity and cost of the most current 
     estimate, and the explanation for any change in quantity and 
     cost from prior reports.
       3. If applicable, a copy of the acquisition decision 
     memorandum, together with a copy of the Letter of Assessment 
     signed by the Director of Testing and Evaluation.
       The requirements described under this heading shall replace 
     those included in Senate Reports 111-31 and 112-74.

                Office of the Chief Procurement Officer

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

               Office of the Chief Human Capital Officer

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

  Secretary's Efficiency Review and the Balanced Workforce Initiative

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

                 Office of the Chief Financial Officer

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

                      Annual Budget Justifications

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

                    Financial Management Improvement

       The Office of the Chief Financial Officer is directed to 
     keep the Committees fully informed on financial management 
     improvement plans for the Department, as required in the 
     House and Senate reports, including any centralized or 
     decentralized solutions that would fulfill the objectives 
     originally set for the TASC project and any plans for 
     integrating the Department's remaining management systems for 
     acquisitions and assets. Balances remain available for TASC 
     from prior-year appropriations, which may

[[Page 20825]]

     be obligated for TASC closeout costs or obligated for 
     additional financial management plans in fiscal year 2012 if 
     a new strategy is approved by the DHS Acquisition Review 
     Board and if the Department completes an independent 
     evaluation to validate that strategy prior to obligation of 
     any of these funds. In order to maintain other Department-
     wide management initiatives, $5,000,000 is rescinded from 
     unobligated balances related to this effort. This rescission 
     is from funds appropriated in fiscal years 2005 and 2006.

                Nuclear Detection Technology Acquisition

       The Office of Program Analysis and Evaluation is directed 
     to undertake an evaluation of the Department's current 
     approach to acquisition of technology and systems for its 
     nuclear detection mission, which is presently conducted 
     through the Domestic Nuclear Detection Office, and an 
     analysis of alternative approaches, including assigning 
     acquisition responsibilities and resources to component 
     agencies that own and operate the technology. The evaluation 
     shall include a cost-benefit analysis of the relevant 
     options. The results of this review shall be submitted to the 
     Committees no later than 120 days after the date of enactment 
     of this Act.

                               User Fees

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

                Office of the Chief Information Officer

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

                         Salaries and Expenses

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

                 Infrastructure and Security Activities

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

                         Data Center Migration

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

                        Analysis and Operations

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

                 State and Local Fusion Center Program

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

                      Office of Inspector General

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

                        Integrity Investigations

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

          TITLE II--SECURITY, ENFORCEMENT, AND INVESTIGATIONS

                   U.S. Customs and Border Protection


                         SALARIES AND EXPENSES

       A total of $8,680,118,000 is provided for ``Salaries and 
     Expenses.'' The request for Headquarters, Management, and 
     Administration is reduced by $3,452,000 for the Acquisition 
     Workforce Initiative, the data center migration funds, and 
     $10,400,000 in additional administrative savings. Data center 
     migration is funded through a general provision. The funding 
     level also reflects an additional $5,000,000 for integrity 
     programs.
       Border Security Inspections and Trade Facilitation is 
     funded at $2,484,235,000, including the following for 
     requested initiatives: $44,407,000 for the adjustment for law 
     enforcement journeyman pay costs; $86,109,000 for prior year 
     annualization of 963 CBP officers; $20,692,000 for an 
     additional 300 CBP officers at new and expanded ports of 
     entry; $2,212,000 for additional canine units at ports of 
     entry; and $7,499,000 to expand the Immigration Advisory 
     Program to four additional locations. Funds provided for the 
     following critical operations include increases above the 
     request:
       $74,557,000 for International Cargo Screening, including 
     $3,287,000 for the Secure Freight Initiative and $71,270,000 
     for the Container Security Initiative;
       $41,400,000 for Automated Targeting Systems which will 
     enable enhancements to one of the Department's most effective 
     counter-terrorism and security capabilities;
       $51,950,000 for the National Targeting Center, including 
     the requested increase of $16,400,000 for 45 new CBP officers 
     and 20 new analysts, as well as an additional $5,000,000 to 
     ensure operations are appropriately staffed; and
       $151,298,000 for trade compliance and enforcement efforts 
     in the Office of Trade, including an increase of $5,000,000 
     for personnel, enhanced targeting, and strategy development.
       The enacted funding level has been adjusted to reflect the 
     passage of Public Law 112-42, which removed the exemption 
     from COBRA fee collections for certain travelers. This will 
     result in additional revenue of $110,000,000 annually and 
     $83,000,000 in fiscal year 2012, to support CBP inspection 
     services. Such revenue is to directly support 21,186 CBP 
     officers.
       Border Security and Control between Ports of Entry is 
     funded at $3,619,604,000, which reflects an increase of 
     $191,459,000 for prior year annualization of 1,000 additional 
     agents along with support personnel funded in the fiscal year 
     2010 Border Security Supplemental, as well as $184,717,000 
     for the adjustment for law enforcement journeyman pay costs, 
     as requested. This overall level will support a Border Patrol 
     agent force of 21,370 (compared to 12,349 in fiscal year 
     2006), including 2,212 deployed to the Northern Border and 
     18,415 deployed to the Southwest Border.
       The amount provided for this appropriation by PPA is as 
     follows:
Headquarters, Management, and Administration:
  Management and Administration, Border Security Inspections and Trade 
    Facilitation...........................................$667,794,000
  Management and Administration, Border Security and Control between 
    Ports of Entry..........................................717,309,000
  Rent......................................................483,749,000
                                                       ________________
                                                       
    Subtotal, Headquarters Management and Administration..1,868,852,000
Border Security Inspections and Trade Facilitation:
  Inspections, Trade, and Travel Facilitation at Ports of 2,484,235,000
  Harbor Maintenance Fee Collection (Trust Fund)..............3,274,000
  International Cargo Screening..............................74,557,000
  Other international programs...............................10,684,000
  Customs-Trade Partnership Against Terrorism (C-TPAT).......44,979,000
  Trusted Traveler Programs...................................6,311,000
  Inspection and Detection Technology Investments...........148,537,000

[[Page 20826]]

  Automated Targeting Systems................................41,400,000
  National Targeting Center..................................51,950,000
  Training...................................................37,834,000
                                                       ________________
                                                       
    Subtotal, Border Security Inspections and Trade Facili2,903,761,000
Border Security and Control between Ports of Entry:
  Border Security and Control.............................3,530,994,000
Training                                                     88,610,000
                                                       ________________
                                                       
    Subtotal, Border Security and Control between POEs....3,619,604,000
    Air and Marine Operations...............................287,901,000
                                                       ________________
                                                       
    Total, CBP Salaries and Expenses.....................$8,680,118,000

                        Revised Budget Structure

       CBP is directed to propose a subdivision of the 
     Inspections, Trade, and Travel Facilitation at Ports PPA and 
     the Border Security and Control PPA within the ``Salaries and 
     Expenses'' appropriation in conjunction with the budget 
     submission for fiscal year 2013. At funding levels of 
     $2,484,235,000 and $3,530,994,000, respectively, the PPAs and 
     the accompanying budget justifications have not provided 
     adequate detail for appropriate oversight of these funds. CBP 
     shall brief the Committees on its proposed structure prior to 
     submission of its budget request. For instance, each PPA 
     could be subdivided into budget activities, such as: officer 
     or agent pay, civilian pay, equipment, operations and 
     maintenance, and procurement. CBP should provide a crosswalk 
     from the 2012 budget structure to the new 2013 budget 
     structure so that the Committees can easily compare funding 
     levels for the activities within these new PPAs.
       Further, CBP is directed to comply with the direction 
     included under the heading ``Office of Chief Financial 
     Officer'' with respect to improved budget justifications.

                 Financial Plan by Office Requirements

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

       Staffing and Fees Supporting CBP Port of Entry Operations

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

                          Outbound Inspections

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

                Entry Process Improvements for Travelers

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

                       Trusted Traveler Programs

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

                       Cargo Screening Activities

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

       Non-Intrusive Inspection and Radiation Detection Equipment

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

       Automated Targeting Systems and National Targeting Center

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

                     Maritime Supply Chain Security

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

        Border Patrol and Border Security between Ports of Entry

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

                        Access to Federal Lands

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

                     Joint Field Command Structure

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

                           Integrity Programs

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

                          Detention Statistics

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

                    Trade Compliance and Enforcement

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

               Multi-Year Investment and Management Plans

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

                        Transportation of Aliens

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

            Office of Technology Innovation and Acquisition

       There is no clear plan for the Office of Technology 
     Innovation and Acquisition (OTIA), including staffing and 
     financing. CBP does not have authority to use funds provided 
     to the ``Automation Modernization'' or the BSFIT 
     appropriations for OTIA expenses. If additional funding from 
     appropriations outside of ``Salaries and Expenses''

[[Page 20827]]

     can be justified, a transfer request must be submitted 
     pursuant to section 503 of this Act. All funds for OTIA shall 
     be requested within the ``Salaries and Expenses'' 
     appropriation for fiscal year 2013.

                            Invasive Species

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


                        AUTOMATION MODERNIZATION

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

                ACE and International Trade Data System

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

                                  TECS

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


        BORDER SECURITY FENCING, INFRASTRUCTURE, AND TECHNOLOGY

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

               Multi-Year Investment and Management Plan

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

                            Invasive Species

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

                  Review of Contracts and Task Orders

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

                    Communications Along the Border

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


 AIR AND MARINE INTERDICTION, OPERATIONS, MAINTENANCE, AND PROCUREMENT

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

                            Civil Air Patrol

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

                           Aircraft Upgrades

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

                      Unmanned Aircraft Operations

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


                 CONSTRUCTION AND FACILITIES MANAGEMENT

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

             Future Land Border Port of Entry Requirements

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

                U.S. Immigration and Customs Enforcement


                         SALARIES AND EXPENSES

       A total of $5,528,874,000 is provided for ``Salaries and 
     Expenses'' to ensure robust enforcement of our Nation's 
     immigration laws. Within this amount, no less than 
     $1,600,000,000 is allocated to finance ICE's various efforts 
     to identify aliens with criminal records who are incarcerated 
     or at-large, and to remove those who are deportable. Of this 
     amount, $189,064,000 is provided for continued expansion of 
     the Secure Communities program, $5,000,000 above the 
     President's budget request, to digitize paper fingerprint 
     cards and enroll them into DHS's Automated Biometric 
     Identification System (IDENT). An additional $4,400,000 is 
     provided for the Visa Security Program above the request to 
     support expansion. The request for Headquarters, Management, 
     and Administration was reduced by $3,591,000 for the 
     Acquisition Workforce Initiative, the data center migration 
     funds, and $1,000,000 in additional administrative savings. 
     Data center migration is funded through a general provision.
       In addition, ICE is directed to comply with the direction 
     included under the heading ``Office of Chief Financial 
     Officer'' with respect to improved budget justifications.
       The amount provided for this appropriation by PPA is as 
     follows:
Headquarters Management and Administration:
  Personnel, Compensation and Benefits, Services and Other $233,251,000
  Headquarters-Managed IT Investments.......................184,227,000
                                                       ________________
                                                       
  Subtotal, Headquarters Management and Administration......417,478,000
Legal Proceedings...........................................215,935,000
Investigations:
Domestic Investigations...................................1,725,234,000
International Investigations:
  International Operations..................................114,928,000
  Visa Security Program......................................33,889,000
                                                       ________________
                                                       
  Subtotal, International Investigations....................148,817,000
                                                       ________________
                                                       
    Subtotal, Investigations..............................1,874,051,000
                                                       ================

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

[[Page 20828]]

  Transportation and Removal Program........................276,632,000
                                                       ________________
                                                       
    Subtotal, Detention and Removal Operations............2,750,843,000
                                                       ================

  Secure Communities........................................189,064,000
                                                       ________________
                                                       
    Total, ICE Salaries and Expenses......................5,528,874,000

                      ICE Domestic Investigations

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

              Improving Immigration Enforcement Activities

       A total of $12,000,000 above the request is provided to 
     improve immigration enforcement activities, of which 
     $5,000,000 is included in Secure Communities for digitization 
     of paper fingerprint cards from legacy immigration files. 
     Both the House and Senate reports outlined areas for focus, 
     such as: Developing a comprehensive strategy to address the 
     visa overstay problem, modernizing the Alien Criminal 
     Response Information Management System (ACRIMe) to support 
     the identification of criminal aliens and individuals 
     attempting to overstay a visa, enhancing ICE capabilities for 
     law enforcement support for immigration-related inquiries 
     from State and local law enforcement, and digitizing old 
     fingerprint records. ICE is directed to brief the Committees, 
     with US-VISIT and other DHS components as appropriate, on its 
     plan for utilization of these funds, no later than 60 days 
     after the date of enactment of this Act. ICE is also 
     directed, in conjunction with US-VISIT and United States 
     Citizenship and Immigration Services (USCIS), to report to 
     the Committees no later than 120 days after the date of 
     enactment of this Act on the methodology of prioritizing 
     files for the digitization effort as well as the overall 
     projected cost of the project to ensure electronic 
     availability of appropriate biometrics in IDENT.

                     Law Enforcement Support Center

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

                         Visa Security Program

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

                        Investigative Resources

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

                              Intelligence

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

                    Detention and Removal Operations

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

                           Secure Communities

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

             ICE Support to State and Local Law Enforcement

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

                      Hiring and Staffing Reports

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

                          Worksite Enforcement

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

[[Page 20829]]

     worksite enforcement activities as directed in the Senate 
     report.

                    Detention and Removal Reporting

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

                        Personnel Recovery Units

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

               Multi-Year Investment and Management Plan

       As provided in Section 568, ICE is required to submit a 
     multi-year investment and management plan with the 
     congressional budget justification materials for all funds 
     executed by the Office of Information Technology (OIT) to 
     provide a full picture of ICE's information technology 
     activities. It is expected that the acquisition program 
     baselines for Level I and II programs under OIT will be 
     provided as part of the comprehensive acquisition status 
     reports provided by the under Secretary for Management.

                        Transportation of Aliens

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

                    Unexpended Construction Balances

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


                        AUTOMATION MODERNIZATION

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

                 TRANSPORTATION SECURITY ADMINISTRATION


                           AVIATION SECURITY

       A total of $5,253,956,000 is provided for ``Aviation 
     Security.'' In addition to the amounts appropriated, a 
     mandatory appropriation totaling $250,000,000 is available 
     through the Aviation Security Capital Fund. Statutory 
     language reflects the collection of $2,030,000,000 from 
     aviation security fees, as authorized.
       The amount provided for this appropriation by PPA is as 
     follows:
Screening Operations:
                                                    Screener Workforce:
    Privatized Screening...................................$144,193,000
    Screener Personnel, Compensation, and Benefits........3,025,771,000
                                                       ________________
                                                       
  Subtotal, Screener Workforce............................3,169,964,000
  Screener Training and Other...............................249,796,000
  Checkpoint Support........................................204,768,000
                                                       EDS/ETD Systems:
    EDS Procurement and Installation........................222,738,000
    Screening Technology Maintenance and Utilities..........320,365,000
  Subtotal, EDS/ETD Systems.................................543,103,000
  Subtotal, Screening Operations..........................4,167,631,000
Aviation Security Direction and Enforcement:
    Aviation Regulation and Other Enforcement...............369,984,000
    Airport Management and Support..........................570,226,000
    Federal Flight Deck Officer and Flight Crew Training.....25,461,000
    Air Cargo...............................................120,654,000
                                                       ________________
                                                       
Subtotal, Aviation Security Direction and Enforcement.....1,086,325,000
Total, Aviation Security.................................$5,253,956,000

                     Impact of Checked Baggage Fees

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

                          Privatized Screening

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

                    Screener Personnel and Training

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

                     Behavioral Detection Officers

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

[[Page 20830]]

     support consistent program execution and optimal BDO 
     training.

                           Checkpoint Support

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

        Facilitating Passenger Screening and Reducing Wait Times

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

                           Exit Lane Security

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

                      Explosives Detection Systems

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

             Screening Technology Maintenance and Utilities

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

               Aviation Regulation and Other Enforcement

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

                               Air Cargo

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


                    SURFACE TRANSPORTATION SECURITY

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


           TRANSPORTATION THREAT ASSESSMENT AND CREDENTIALING

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

       The amount provided for this appropriation by PPA is as 
     follows:
Secure Flight...............................................$92,414,000
Crew and Other Vetting Programs..............................71,540,000
                                                       ________________
                                                       
  Subtotal, Direct Appropriations...........................163,954,000
TWIC Fees.....................................................8,300,000
Hazardous Materials Fees.....................................12,000,000
Alien Flight School Fees......................................4,000,000
Certified Cargo Screening Program.............................5,200,000
Large Aircraft Security Program...............................1,200,000
Secure Identification Display Area Checks.....................8,000,000
Other Security Threat Assessments...............................100,000
General Aviation at DCA.........................................100,000
Indirect Air Cargo............................................1,400,000
Sensitive Security Information (SSI) fees........................20,000
                                                       ________________
                                                       
  Subtotal, Fee Collections.................................$40,320,000

                          Risk-Based Screening

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

                      Universal Enrollment Centers

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


                    TRANSPORTATION SECURITY SUPPORT

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

                           Expenditure Plans

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

                      Headquarters Administration

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

                     Availability of Appropriations

       TSA is directed to brief the Committees no later than 
     February 15, 2012, on a proposed

[[Page 20831]]

     PPA structure that reflects one-year availability of 
     appropriations for salaries and expenses.

                          Passenger Complaints

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


                          FEDERAL AIR MARSHALS

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

                              Coast Guard


                           OPERATING EXPENSES

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

                        Depot Level Maintenance

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

    Administrative Savings, Efficiencies, and Reductions to Support 
                               Functions

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

                          Performance Metrics

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

                          Financial Management

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

                         Maritime Surveillance

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

           Marine Safety and Marine Environmental Protection

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

                   Gulf of Mexico Oil Spill Response

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

                 Military Family Childcare and Housing

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

                          Stem-to-Stern Review

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

                            Coast Guard Yard

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

                      Command and Control Aircraft

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


                ENVIRONMENTAL COMPLIANCE AND RESTORATION

       A total of $13,500,000 is provided for ``Environmental 
     Compliance and Restoration''.

[[Page 20832]]

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


                            RESERVE TRAINING

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


              ACQUISITION, CONSTRUCTION, AND IMPROVEMENTS

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


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

Vessels:
  Survey and Design-Vessels and Boats........................$6,000,000
  Response Boat-Medium......................................110,000,000
  In-Service Cutters Sustainment.............................14,000,000
  National Security Cutter...................................77,000,000
  Offshore Patrol Cutter.....................................25,000,000
  Fast Response Cutter......................................358,000,000
  Cutter small boats..........................................5,000,000
  Medium Endurance Cutter Sustainment........................47,000,000
                                                       ________________
                                                       
    Subtotal, Vessels.......................................642,000,000
Aircraft:
  Airframe Replacement (CGNR 6017)...........................18,300,000
  Maritime Patrol Aircraft..................................129,500,000
  HH-60 conversion projects..................................56,100,000
  Long Range Surveillance Aircraft...........................62,000,000
  HH-65 conversion/sustainment projects......................24,000,000
                                                       ________________
                                                       
    Subtotal, Aircraft......................................289,900,000
Other Acquisition Programs:
  Program Oversight and Management...........................26,000,000
  Systems Engineering and Integration........................17,140,000
  C4ISR......................................................38,500,000
  Coast Guard--Logistics Information Management System........6,500,000
  Nationwide Automatic Identification System..................5,000,000
  Rescue 21..................................................65,000,000
  Interagency Operations Centers..............................3,000,000
                                                       ________________
                                                       
    Subtotal, Other Acquisition Programs....................161,140,000
Shore Facilities and Aids to Navigation:
  Major Construction: Housing; ATON; and Survey & Design.....92,900,000
  Major Acquisition Systems Infrastructure...................81,500,000
  Minor Shore.................................................6,292,000
                                                       ________________
                                                       
    Subtotal, Shore Facilities and Aids to Navigation.......180,692,000
Military Housing.............................................20,000,000
Personnel and Related Support
  Direct Personnel Costs....................................109,592,000
  Core Acquisition Costs........................................600,000
                                                       ________________
                                                       
    Subtotal, Personnel and Related Support.................110,192,000
                                                       ================

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

         Comprehensive and Quarterly Acquisition Status Reports

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

                           Fleet Mix Analysis

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

                        National Security Cutter

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

                         Offshore Patrol Cutter

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

                          Fast Response Cutter

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

                          Response Boat-Medium

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

                                 C4ISR

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

                         In-Service Sustainment

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

                       Rotary Wing Aircraft Reset

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

                    Long-Range Surveillance Aircraft

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

                       Unmanned Aircraft Systems

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

                    Program Oversight and Management

       A total of $26,000,000 is provided for Program Oversight 
     and Management, a reduction of $9,000,000 from the request 
     due to budgetary constraints. This PPA is renamed from, 
     ``Government Program Management'' to more accurately reflect 
     the nature of the activities supported by the funding 
     provided. The Coast Guard shall provide a more detailed 
     budget justification, by activity, for this PPA in the fiscal 
     year 2013 budget justification materials.

[[Page 20833]]



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

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

  Infrastructure Improvement Plan for the Coast Guard Training Center

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

                Major Acquisition Systems Infrastructure

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

                            Military Housing

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

                         Acquisition Personnel

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


              RESEARCH, DEVELOPMENT, TEST, AND EVALUATION

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

                       Unmanned Aircraft Systems

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


                              RETIRED PAY

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

                      United States Secret Service


                         SALARIES AND EXPENSES

       A total of $1,661,237,000 is provided for ``Salaries and 
     Expenses.'' Within this total, the following amounts are 
     provided for requested initiatives: $57,300,000 for 
     Operational Mission Support enhancements (within ``Protection 
     of Persons and Facilities''); $113,462,000 for 2012 
     Presidential Campaign costs; $19,307,000 for ``National 
     Special Security Events''; $371,000 for enhanced acquisition 
     management support; and $43,843,000 for ``Information 
     Integration and Technology Transformation'' (IITT). Of the 
     funds provided for IITT, $20,000,000 is withheld from 
     obligation for the purchase or installation of information 
     technology equipment until the DHS Chief Information Officer 
     submits a report to the Committees certifying that all plans 
     for integration and transformation are consistent with the 
     Department's data center migration and enterprise 
     architecture requirements. In addition, the Secret Service is 
     directed to submit an updated, prioritized plan for the 
     execution of Operational Mission Support that reflects the 
     funding provided.
       The amount provided for this appropriation by PPA is as 
     follows:
Protection:
  Protection of Persons and Facilities.....................$832,463,000
  Protective Intelligence Activities.........................68,125,000
  National Special Security Events...........................19,307,000
  Presidential Candidate Nominee Protection.................113,462,000
  White House Mail Screening.................................18,472,000
                                                       ________________
                                                       
    Subtotal, Protection..................................1,051,829,000
Investigations:
  Domestic Field Operations.................................223,991,000
  International Field Office Administration, Operations and T32,971,000
  Electronic Crimes Special Agent Program and Electronic Crimes Task 
    Forces...................................................53,051,000
  Support for Missing and Exploited Children..................8,366,000
                                                       ________________
                                                       
    Subtotal, Investigations................................318,379,000
Headquarters, Management and Administration.................191,588,000
Rowley Training Center.......................................55,598,000
Information Integration and Technology Transformation........43,843,000
                                                       ________________
                                                       
    Total, Salaries and Expenses.........................$1,661,237,000

                           Account Structure

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

                            Overseas Offices

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


     ACQUISITION, CONSTRUCTION, IMPROVEMENTS, AND RELATED EXPENSES

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

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


              NATIONAL PROTECTION AND PROGRAMS DIRECTORATE

                     MANAGEMENT AND ADMINISTRATION

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

                      Risk Management and Analysis

       A recent National Academy of Sciences (NAS) report 
     highlighted several shortcomings in the NPPD Office of Risk 
     Management and Analysis (RMA) program. While the NAS study 
     concluded that the basic risk framework used by RMA is a 
     sound approach to assessing risk, it identified other 
     significant deficiencies in the Office's risk analysis

[[Page 20834]]

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


           INFRASTRUCTURE PROTECTION AND INFORMATION SECURITY

       A total of $888,243,000 is provided for ``Infrastructure 
     Protection and Information Security'' (IPIS), of which 
     $200,000,000 is available until September 30, 2013. A total 
     of $93,348,000 is provided for Infrastructure Security 
     Compliance. This amount combined with the carryover balance 
     of $19,705,120 provides $113,053,120 for program 
     implementation in fiscal year 2012.
       Statutory language is included requiring expenditure plans 
     for the Office of Infrastructure Protection and the National 
     Cyber Security Division. The plans shall include a 
     description by PPA and line item with the associated costs 
     subdivided by quarter. The plan shall provide sufficient 
     detail on the items and services procured and the outcomes of 
     those services or items. As requested in the President's 
     budget, $28,927,000 is included for Control Systems Security; 
     $14,876,000 is included for cyber education; and $8,012,000 
     is included for cybersecurity outreach and awareness. Any 
     funding used for acquisition workforce improvements shall be 
     clearly identified. Funding levels for all Information, 
     Sharing and Analysis Centers, the National Infrastructure 
     Simulation and Analysis Center, and for vulnerability 
     assessments shall also be clearly identified.
       A provision that requires an investment and management plan 
     is not included for the National Cybersecurity Protection 
     System as directed in the House report. Additionally, a 
     separate report for Next Generation Network Priority Services 
     is not required as directed in the Senate report. NPPD shall 
     instead comply with the requirements for the Comprehensive 
     and Quarterly Acquisition Status Reports in Departmental 
     Management and Operations under the heading ``Under Secretary 
     for Management.''
       With respect to sector cooperation, the Under Secretary for 
     NPPD is to provide a report regarding the results of a review 
     to streamline the processes for coordination and information 
     sharing with industry partners, and GAO is to conduct an 
     evaluation of the effort, as directed in the Senate report.
       The Under Secretary is directed to provide a report that 
     details the Department's definition of inherently safer 
     technology as it relates to chemical facilities under the 
     purview of the Chemical Facility Anti-Terrorism Standards 
     program.
       The amount provided for this appropriation by PPA is as 
     follows:
Infrastructure Protection:
  Infrastructure Analysis & Planning........................$70,518,000
  Sector Management & Governance.............................74,219,000
  Regional Field Operations..................................57,367,000
  Infrastructure Security Compliance.........................93,348,000
                                                       ________________
                                                       
    Subtotal, Infrastructure Protection.....................295,452,000
Cybersecurity and Communications:
                                                         Cybersecurity:
  Cybersecurity Coordination..................................4,500,000
  US-Computer Emergency Readiness Team (US-CERT) Operations..79,116,000
  Federal Network Security...................................35,000,000
  Network Security Deployment...............................229,000,000
  Global Cybersecurity Management............................23,992,000
  Critical Infrastructure Cyber Protection & Awareness.......60,000,000
  Business Operations........................................11,568,000
                                                       ________________
                                                       
    Subtotal, Cybersecurity.................................443,176,000
Communications:
  Office of Emergency Communications.........................43,495,000
  Priority Telecommunications Services.......................56,074,000
  Next Generation Networks...................................25,253,000
  Programs to Study and Enhance Telecommunications...........13,441,000
  Critical Infrastructure Protection Programs................11,352,000
                                                       ________________
                                                       
  Subtotal, Communications..................................149,615,000
                                                       ________________
                                                       
    Subtotal, Cybersecurity and Communications..............592,791,000
                                                       ________________
                                                       
      Total, Infrastructure Protection and Information Secu$888,243,000


                       FEDERAL PROTECTIVE SERVICE

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


    UNITED STATES VISITOR AND IMMIGRANT STATUS INDICATOR TECHNOLOGY

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

                      Overstay Backlog Elimination

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

                         Semi-Annual Briefings

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

               Identity Management and Screening Services

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

                              US-VISIT 1.0

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

                        Office of Health Affairs

       A total of $167,449,000 is provided for the Office of 
     Health Affairs (OHA). The Assistant Secretary for the OHA is 
     directed to provide an expenditure plan that includes a 
     description by line item and distinct activity, with

[[Page 20835]]

     the expenditures subdivided by quarter, within 60 days after 
     the date of enactment of this Act. Further, OHA is directed 
     to comply with the direction included in Departmental 
     Management and Operations, ``Office of the Chief Financial 
     Officer'' with respect to improved budget justifications.
       A total of $12,013,000 is provided for the National 
     Biosurveillance Integration System (NBIS), $5,000,000 above 
     the budget request, including funds to diversify DHS's 
     biosurveillance capabilities. OHA is not required to 
     collocate the National Biosurveillance Integration Center as 
     directed in the Senate report.
       A total of $5,439,000 is provided for the Chemical Defense 
     Program, of which $3,000,000 is provided above the request 
     for at least two additional demonstration projects, to be 
     competitively selected.

                  Federal Emergency Management Agency


                         SALARIES AND EXPENSES

       A total of $895,350,000 is provided for Salaries and 
     Expenses under what was formerly called ``Management and 
     Administration.'' When combined with amounts available from 
     other accounts, a total of $1,031,378,000 is available for 
     Salaries and Expenses including grant program execution.
       The amount provided for this appropriation by PPA is as 
     follows:
Administrative and Regional Offices........................$110,495,000
  Office of National Capital Region Coordination............(5,493,000)
Preparedness and Protection.................................109,873,000
Response....................................................226,228,000
  Urban search and rescue response system..................(41,250,000)
Recovery.....................................................78,373,000
Mitigation...................................................43,675,000
Mission Support.............................................219,433,000
Centrally Managed Accounts..................................107,273,000
                                                       ________________
                                                       
    Total, Salaries and Expenses...........................$895,350,000
       FEMA shall provide an expenditure plan no later than 90 
     days after the date of enactment of this Act. The plan shall 
     be detailed by the PPA structure as detailed in this 
     statement and by office. It shall include actual funding from 
     the prior year, the current fiscal year, and deviations 
     between the two years. Each year shall include the number of 
     positions, the number of FTE, the amount for salaries and 
     benefits, and the amount for the program, showing all sources 
     of funding. Specific information regarding the transfer of 
     funding from other appropriations should be included, with 
     the same level of detail currently provided to the 
     Committees.
       For fiscal year 2013, the budget request for FEMA shall 
     comply with the direction included in Departmental Management 
     and Operations under the ``Office of the Chief Financial 
     Officer'' with respect to improved budget justifications. 
     Further, the budget request shall be detailed by office and 
     under the new PPA structure provided and submitted in the 
     same format as the required expenditure plan for fiscal year 
     2012.
       FEMA is directed to study the feasibility to, on a 
     quarterly basis, post on the FEMA website a summary of the 
     financial status of funds appropriated under ``State and 
     Local Programs.''
       FEMA is provided the authority to reprogram funds within 
     ``Salaries and Expenses,'' notwithstanding the requirements 
     of section 503 of this Act. This temporary authority shall 
     expire on April 16, 2012.
       A provision is included requiring the Administrator to 
     submit the National Preparedness Report and a comprehensive 
     plan to implement a system to measure the effectiveness of 
     grants to State and local communities to the Committees in 
     fiscal year 2012. Further, $1,400,000, 25 percent of the 
     funds for the Office of the Administrator, is withheld from 
     obligation until the Report and the plan are submitted.
       Within 90 days of the date of the enactment of this Act, 
     the Administrator of FEMA, in consultation with the Commander 
     of the U.S. Army Corps of Engineers (USACE), shall provide a 
     report on the cost of debris removal. Specifically, the 
     report shall address the disparity between the cost factors 
     for the USACE as compared to other options communities have 
     for debris removal services.

              Program, Project, and Activity Restructuring

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

          Technical Assistance and Evaluations and Assessments

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

                         Facilities Management

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

                        Automation Modernization

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

            Disaster Relief Fund Financial Management Policy

       Within 90 days after the date of the enactment of this Act, 
     the Administrator and the CFO of FEMA shall develop a policy 
     and issue guidance on the implementation of the restriction 
     to immediate needs funding, or any other spending 
     restrictions administratively imposed in the Disaster Relief 
     Fund (DRF). This policy shall include thresholds for when a 
     restriction will be implemented and identify which programs 
     are impacted under the restriction. FEMA shall brief the 
     Committees within 90 days after the date of the enactment of 
     this Act on the completed policy. Further, FEMA is directed 
     to notify the Committees no later than 15 days prior to the 
     implementation of immediate needs funding restrictions, to 
     the extent practicable.
       To improve the validity and veracity of requests for 
     disaster relief funding in future budgets, the Administrator 
     and the CFO of FEMA shall develop policy and guidance that 
     defines the methodology used to formulate the budget estimate 
     for the DRF. The

[[Page 20836]]

     policy shall be consistent with the Budget and Control Act 
     and shall include a clear description of the data used as a 
     basis for the request, the office responsible for providing 
     the data, and the source(s) of data used. The Office of the 
     Administrator and the CFO of FEMA shall brief the Committees 
     within 90 days of the date of the enactment of this Act on 
     the proposed policy and guidance. Using this policy and 
     guidance, the CFO of FEMA shall work with a qualified third 
     party organization to review the methodology and create 
     estimating tools that will enable rigorous and more 
     consistent forecasting of the requirements for the Disaster 
     Relief Fund. Up to $500,000 is provided for this effort. The 
     Committees shall be regularly briefed by the CFO on the 
     status of the project.
       Further, to improve the management of the DRF and 
     assistance programs, FEMA needs to improve the quality and 
     timeliness of project worksheets for public assistance 
     grants, as well as the process for sharing that information 
     with regional offices, FEMA headquarters, and the Office of 
     Management and Budget (OMB). Therefore, FEMA shall work with 
     the Homeland Security Studies and Analysis Institute, or an 
     independent organization with expertise in grants management, 
     to review the project worksheet process and flow of 
     information, and provide a report to the Committees no later 
     than May 1, 2012. The organization shall provide 
     recommendations to FEMA and the Committees on how to improve 
     the collection and sharing of grant information between the 
     regions, FEMA headquarters, and OMB. The review shall include 
     a delineation of the time an application, or an application 
     appeal, currently spends at each office and stage of the 
     process including the joint field office, FEMA regional 
     office, FEMA headquarters, DHS, and OMB; and ways to 
     streamline the information and reduce the time needed to 
     adjudicate applications.

           Office of the National Capital Region Coordination

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

                        Urban Search and Rescue

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

                     Unaccompanied Minors Registry

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


                    Presidential Policy Directive--8

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


                        STATE AND LOCAL PROGRAMS

                     (Including Transfer of Funds)

       A total of $1,349,681,000 is provided for State and Local 
     programs. The amount provided for this appropriation by PPA 
     is as follows:
State and Local Programs Grants..........................$1,118,000,000
Education, Training, and Exercises:
  Emergency Management Institute.............................16,181,000
  Center for Domestic Preparedness...........................62,500,000
  National Domestic Preparedness Consortium..................93,000,000
  National Exercise Program..................................34,000,000
  Continuing Training........................................26,000,000
                                                       ________________
                                                       
    Subtotal, Education, Training, and Exercises............231,681,000
                                                       ________________
                                                       
      Total, State and Local Programs....................$1,349,681,000
       The funds provided for State and Local Program grants are 
     to be allocated according to threat, vulnerability, and 
     consequence to assist high-risk urban areas, States, local 
     and Tribal governments, and other homeland security partners 
     in preventing, preparing for, protecting against, and 
     responding to acts of terrorism. Congress has appropriated 
     over $34,000,000,000 to homeland security grants to date to 
     build first responder capabilities and secure infrastructure. 
     Given the current fiscal climate, the Department should work 
     with the appropriate Committees of jurisdiction to clearly 
     define the Federal role and reassess the most effective 
     delivery of support and resources to sustain and improve 
     homeland security capabilities.
       The Secretary and the Administrator of FEMA are directed to 
     study the current grant programs in order to make them the 
     most effective and to reduce impediments to the timely 
     expenditure of homeland security grant funds. The results of 
     such study shall be provided to the Committees in conjunction 
     with the required comprehensive plan to implement a system to 
     measure the effectiveness of grants.
       Several provisions are included related to grant 
     administration. Grant guidance shall be issued within 60 
     days, applicants shall apply within 80 days, and award 
     decisions shall be made within 65 days. Grantees may not use 
     more than 5 percent of a grant for grant administration and 
     shall provide reports on the use of funds as determined 
     necessary by the Secretary. The installation of 
     communications towers is not considered construction under 
     State Homeland Security Grants and the Urban Area Security 
     Initiative.
       A provision is included allowing the Center for Domestic 
     Preparedness to train certain emergency personnel provided it 
     does not interfere with the primary mission to train state 
     and local emergency response providers.
       Funding for the Emergency Management Institute is provided 
     under this heading, instead of under ``Salaries and 
     Expenses'' (formerly ``Management and Administration'') as in 
     previous years.
       The Department shall brief the Committees on steps taken to 
     ensure community leaders and grantees have the same threat, 
     vulnerability, and consequence information that is available 
     to the Department to ensure applications reflect true risk.
       The GAO is no longer required to monitor the development of 
     any system to measure the effectiveness of the grant programs 
     as directed in the House report.
       FEMA is required to provide a report on the accomplishments 
     of the Regional Catastrophic Preparedness Grant Program, 
     including how successes can be transitioned to and sustained 
     through future catastrophic planning efforts.
       As addressed in both the Senate and House reports, the 
     continued slow expenditure of funds is concerning. FEMA is 
     directed to brief the Committees no later than 90 days after 
     the date of enactment of this Act on plans to expedite the 
     expenditure of funds for interoperable emergency 
     communications, port security, and transit security grants. 
     Particular attention should be placed on funds that were 
     appropriated prior to fiscal year 2008.


                     FIREFIGHTER ASSISTANCE GRANTS

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


                EMERGENCY MANAGEMENT PERFORMANCE GRANTS

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


              RADIOLOGICAL EMERGENCY PREPAREDNESS PROGRAM

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


                   UNITED STATES FIRE ADMINISTRATION

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


                          DISASTER RELIEF FUND

                     (Including Transfer of Funds)

       A total of $7,000,000,000 is provided in this conference 
     agreement for the Disaster Relief

[[Page 20837]]

     Fund formerly called ``Disaster Relief.'' The conferees 
     anticipate that an additional $6,400,000,000 that is 
     designated for major disasters pursuant to 251(b)(2)(D) of 
     the Balanced Budget and Emergency Deficit Control Act of 1985 
     will be provided in legislation that is being considered in 
     parallel to this conference agreement. Therefore, a total 
     amount of $7,100,000,000 will be provided for the Disaster 
     Relief Fund for fiscal year 2012 consistent with estimates 
     provided by the Director of the Office of Management and 
     Budget in a letter dated October 19, 2011, and by the 
     Secretary of Homeland Security in the report titled 
     ``Disaster Relief Funding Requirements'' dated October 21, 
     2011, pursuant to the legislative requirement in Section 125 
     of H.R. 2017 (Public Law 112-36). Of the funds provided in 
     this conference agreement, $24,000,000 shall be transferred 
     to the DHS OIG for audits and investigations related to 
     disasters.
       A provision is included amending Public Law 110-161 which 
     exempts FEMA from the permanent requirement to submit a 
     monthly ``Disaster Relief'' report. A new provision is 
     included updating the timeframes and information which FEMA 
     must report to the Committees on the Disaster Relief Fund. 
     This provision reduces the burden of reporting by FEMA and 
     allows for better oversight of funding requirements by the 
     Committees. There are several previous reporting requirements 
     which are deleted altogether. FEMA is cautioned that such 
     data could be required in the future after a catastrophic 
     event, and FEMA should therefore not lose the capacity to 
     track and provide such information including: Mission 
     Assignment obligations and expenditures by Federal agency; 
     credit card costs and purchases by DHS agencies; and sole 
     source contracts.
       A report on the expenditure of funds for disaster readiness 
     and support, including quarterly updates, is required, as in 
     previous years.
       A requirement is included in this statement under FEMA 
     Salaries and Expenses to improve DRF budget estimates.


            DISASTER ASSISTANCE DIRECT LOAN PROGRAM ACCOUNT

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


                 FLOOD HAZARD MAPPING AND RISK ANALYSIS

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


                     NATIONAL FLOOD INSURANCE FUND

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


                  NATIONAL PREDISASTER MITIGATION FUND

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


                       EMERGENCY FOOD AND SHELTER

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

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

           United States Citizenship And Immigration Services

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

                          Fee Funded Programs

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

                          Digitization Efforts

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

             Systematic Alien Verification for Entitlements

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


                                REAL ID

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

                      Immigrant Integration Grants

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

                Federal Law Enforcement Training Center


                         SALARIES AND EXPENSES

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


     ACQUISITIONS, CONSTRUCTION, IMPROVEMENTS, AND RELATED EXPENSES

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

                         Science And Technology


                     MANAGEMENT AND ADMINISTRATION

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


           Research, Development, Acquisition, and Operations

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

                 Research, Development, and Innovation

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

                         Apex Research Projects

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

                      Resilience and Cybersecurity

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

          Laboratory Facilities (Operations and Construction)

       A total of $176,500,000 is provided for Laboratory 
     Facilities (Operations and Construction), of which 
     $50,000,000 shall be to support

[[Page 20838]]

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

             Nuclear and Radiological Response and Recovery

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

                   Acquisition and Operations Support

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

                   Domestic Nuclear Detection Office


                     MANAGEMENT AND ADMINISTRATION

       A total of $38,000,000 is provided for ``Management and 
     Administration.'' the Secretary is directed to submit to the 
     Committees no later than 180 days after the date of enactment 
     of this Act a strategic plan of investments necessary to 
     implement the Department's responsibilities under the 
     domestic component of the Global Nuclear Detection 
     Architecture (GNDA), as required by this Act.


                 RESEARCH, DEVELOPMENT, AND OPERATIONS

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

                         Semi-Annual Briefings

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

                  Systems Engineering and Architecture

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

                          Systems Development

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

               Transformational Research and Development

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


                          SYSTEMS ACQUISITION

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

Radiation Portal Monitor Program.............................$7,000,000
Securing the Cities..........................................22,000,000
Human Portable Radiation Detection System.....................8,000,000
                                                       ________________
                                                       
Total, Systems Acquisition..................................$37,000,000

                    Radiation Portal Monitor Program

       A total of $7,000,000 is provided for the Radiation Portal 
     Monitor (RPM) program. Reductions from the request are made 
     in light of the Secretary's decision to cancel the Advanced 
     Spectroscopic Portal (ASP) program as communicated in the 
     Secretary's letter of October 3, 2011, to the Committees. As 
     a result of the Secretary's decision, bill language 
     restricting deployment of ASP is not included. If a successor 
     program is initiated by the Department, the Committees are to 
     be notified.

                          Securing the Cities

       A total of $22,000,000 is provided for the Securing the 
     Cities (STC) program, which includes $2,000,000 for a new STC 
     location beyond the New York pilot. In lieu of the reports 
     required by the House and Senate on the STC program, DNDO is 
     directed to provide a report, before committing funds to a 
     new STC location, that: (1) Provides an evaluation of the New 
     York STC pilot, including lessons learned for future STC 
     sites and corrective actions that are being taken, or will be 
     taken, to reconcile deficiencies identified in exercises and 
     reviews; (2) details efforts to establish a model for STC 
     lifecycle costs; (3) delineates performance measures that 
     will be used to evaluate STC sites; and (4) outlines plans 
     for a Federal transition strategy for the existing and new 
     STC location.
       In lieu of quarterly briefings, as directed in the House 
     report, DNDO is directed to provide periodic briefings on the 
     Securing the Cities program, with the first briefing to be 
     scheduled after the Committees receive the report assessing 
     the 2011 STC exercise in New York City.

                      TITLE V--GENERAL PROVISIONS

       Section 501. A provision proposed by the House and Senate 
     is continued that no part of any appropriation shall remain 
     available for obligation beyond the current year unless 
     expressly provided.
       Section 502. A provision proposed by the House and Senate 
     is continued that unexpended balances of prior appropriations 
     may be merged with new appropriation accounts and used for 
     the same purpose, subject to reprogramming guidelines.
       Section 503. A provision proposed by the Senate is 
     continued that provides authority to reprogram appropriations 
     within an account and to transfer up to 5 percent between 
     appropriations accounts with 15-day advance notification to 
     the Committees. The House proposed a similar provision. A 
     detailed funding table identifying programs, projects, and 
     activities is included at the end of this statement. This 
     table along with funding levels specified in the report shall 
     serve as the control level for all reprogrammings. These 
     reprogramming guidelines shall be complied with by all 
     agencies funded by this Act.
       The Department shall submit reprogramming requests on a 
     timely basis and provide complete explanations of the 
     reallocations proposed, including detailed justifications of 
     the increases and offsets, and any specific impact the 
     proposed changes will have on the budget request for the 
     following fiscal year and future-year appropriations 
     requirements. Each request submitted to the Committees should 
     include a detailed table showing the proposed revisions at 
     the account, program, project, and activity level to the 
     funding and staffing (full-time equivalent position) levels 
     for the current fiscal year and to the levels requested in 
     the President's budget for the following fiscal year.
       The Department shall manage its programs and activities 
     within the levels appropriated. The Department should only 
     submit reprogramming or transfer requests in the case of an 
     unforeseeable emergency or situation that could not have been 
     predicted when formulating the budget request for the current 
     fiscal year. When the Department submits a reprogramming or 
     transfer request to the Committees and does not receive 
     identical responses from the House and Senate, it is the 
     responsibility of the Department to reconcile the House and 
     Senate differences before proceeding, and if reconciliation 
     is not possible, to consider the reprogramming or transfer 
     request not approved.
       The Department is not to submit a reprogramming or transfer 
     of funds after June 30 except in extraordinary circumstances, 
     which imminently threaten the safety of human life or the 
     protection of property. If a reprogramming or transfer is 
     needed after June 30, the notice should contain sufficient 
     documentation as to why it meets this statutory exception.
       Subsection (e), added in the fiscal year 2011 year-long 
     continuing resolution, is included to ensure that funds that 
     are deobligated by

[[Page 20839]]

     the Department are also subject to the reprogramming and 
     transfer guidelines and requirements set forth in this 
     section.
       Section 504. A provision proposed by the House and Senate 
     is continued that prohibits funds appropriated or otherwise 
     made available to the Department to make payment to the 
     Department's Working Capital Fund, except for activities and 
     amounts allowed in the President's fiscal year 2012 request. 
     Funds provided to the WCF are available until expended. The 
     Department can only charge components for direct usage of the 
     WCF and these funds may be used only for the purposes 
     consistent with the contributing component. Any funds paid in 
     advance or reimbursed must reflect the full cost of each 
     service. The WCF shall be subject to the requirements of 
     section 503 of this Act.
       Section 505. A provision proposed by the House and Senate 
     is continued that not to exceed 50 percent of unobligated 
     balances remaining at the end of fiscal year 2012 from 
     appropriations made for salaries and expenses shall remain 
     available through fiscal year 2013 subject to section 503 
     reprogramming guidelines.
       Section 506. A provision proposed by the House and Senate 
     is continued that funds for intelligence activities are 
     deemed to be specifically authorized during fiscal year 2012 
     until the enactment of an Act authorizing intelligence 
     activities for fiscal year 2012.
       Section 507. A provision proposed by the House and Senate 
     is continued and modified requiring notification of the 
     Committees three days before grant allocations, grant awards, 
     contract awards, other transactional agreements, letters of 
     intent, or a task or delivery order on a multiple contract 
     award totaling $1,000,000 or more, or a task or delivery 
     order greater than $10,000,000 from multi-year funds, is 
     announced by the Department, including contracts covered by 
     the Federal Acquisition Regulation. The Department is 
     required to brief the Committees 5 full business days prior 
     to announcing the intention to make a grant under State and 
     Local Programs. Notification shall include a description of 
     the project or projects to be funded, including city, county, 
     and State.
       Section 508. A provision proposed by the House and Senate 
     is continued that no agency shall purchase, construct, or 
     lease additional facilities for Federal law enforcement 
     training without advance approval of the Committees.
       Section 509. A provision proposed by the House and Senate 
     is continued that none of the funds may be used for any 
     construction, repair, alteration, and acquisition project for 
     which a prospectus, if required under chapter 33 of title 40, 
     United States Code, has not been approved.
       Section 510. A provision proposed by the House and Senate 
     is continued and modified that consolidates by reference 
     prior year statutory bill language into one provision. These 
     provisions relate to contracting officer's technical 
     representative training; sensitive security information; and 
     the use of funds in conformance with section 303 of the 
     Energy Policy Act of 1992.
       Section 511. A provision proposed by the House and Senate 
     is continued that none of the funds may be used in 
     contravention of the Buy American Act.
       Section 512. A provision proposed by the House and Senate 
     is continued and modified on reporting requirements of the 
     privacy officer.
       Section 513. A provision proposed by the House and Senate 
     is continued regarding the oath of allegiance required by 
     section 337 of the Immigration and Nationality Act.
       Section 514. A provision proposed by the House and Senate 
     is continued requiring the Chief Financial Officer to submit 
     monthly budget execution and staffing reports within 45 days 
     after the close of each month.
       Section 515. A provision proposed by the Senate is 
     continued regarding the competitive sourcing for United 
     States Citizenship and Immigration Services. The House 
     proposed no similar provision.
       Section 516. A provision proposed by the Senate is 
     continued and modified directing that any funds appropriated 
     or transferred to TSA ``Aviation Security'', 
     ``Administration'', and ``Transportation Security Support'' 
     in fiscal years 2004 and 2005 that are recovered or 
     deobligated shall be available only for procurement and 
     installation of explosives detection systems, air cargo, 
     baggage, and checkpoint screening systems, subject to 
     notification. Quarterly reports must be submitted identifying 
     any funds that are recovered or deobligated. The House 
     proposed a similar provision.
       Section 517. A provision proposed by the House and Senate 
     is continued for fiscal year 2012 requiring that any funds 
     appropriated to the Coast Guard's 110-123 foot patrol boat 
     conversion that are recovered, collected, or otherwise 
     received as a result of negotiation, mediation, or 
     litigation, shall be available until expended for the Fast 
     Response Cutter program.
       Section 518. A provision proposed by the House and Senate 
     is continued for fiscal year 2012 relating to undercover 
     investigative operations authority of the U.S. Secret 
     Service.
       Section 519. A provision proposed by the House and Senate 
     is continued classifying the functions of the instructor 
     staff at the Federal Law Enforcement Training Center as 
     inherently governmental for purposes of the Federal 
     Activities Inventory Reform Act.
       Section 520. A provision proposed by the House and Senate 
     is continued prohibiting the obligation of funds to the 
     Office of the Secretary and Executive Management, the Office 
     of the Under Secretary for Management, and the Office of the 
     Chief Financial Officer for grants or contracts awarded by 
     any means other than full and open competition. Certain 
     exceptions apply, and this provision does not require new 
     competitions of existing contracts during their current 
     terms. It also requires the Inspector General to review 
     Departmental contracts awarded noncompetitively and report on 
     the results to the Committees.
       Section 521. A provision proposed by the House is continued 
     and modified that prohibits funding pertaining to the 
     Principal Federal Official during a Stafford Act declared 
     disaster or emergency, with certain exceptions. The Senate 
     proposed no similar provision.
       Section 522. A provision proposed by the Senate is 
     continued and made permanent regarding the enforcement of 
     section 4025(1) of the Intelligence Reform and Terrorism 
     Prevention Act of 2004 (Public Law 108-458; 118 Stat. 3724) 
     regarding butane lighters. The House proposed a similar 
     provision.
       Section 523. A provision proposed by the House and Senate 
     is continued that precludes DHS from using funds in this Act 
     to carry out reorganization authority. This prohibition is 
     not intended to prevent the Department from carrying out 
     routine or small reallocations of personnel or functions 
     within components, subject to Section 503 of this Act. This 
     language prevents large scale reorganization of the 
     Department, which should be acted on legislatively by the 
     relevant Congressional committees of jurisdiction.
       Section 524. A provision proposed by the Senate is 
     continued prohibiting the Secretary from reducing operations 
     within the Coast Guard's Civil Engineering Program except as 
     specifically authorized by a statute enacted after the date 
     of enactment of this Act. The House proposed no similar 
     provision.
       Section 525. A provision proposed by the House and Senate 
     is included prohibiting funding to grant an immigration 
     benefit to any individual unless the results of background 
     checks required by statute to be completed prior to the grant 
     of benefit have been received by DHS.
       Section 526. A provision proposed by the House and Senate 
     is continued, modified, and made permanent prohibiting use of 
     funds to destroy or put out to pasture any horse or other 
     equine belonging to any component or agency of DHS unless 
     adoption has been offered first.
       Section 527. A provision proposed by the Senate is included 
     extending other transactional authority for DHS through 
     fiscal year 2012 and eliminates a GAO reporting requirement 
     that is no longer necessary. The House proposed a similar 
     provision.
       Section 528. A provision proposed by the House and Senate 
     is continued requiring the Secretary to link all contracts 
     that provide award fees to successful acquisition outcomes.
       Section 529. A provision proposed by the Senate is included 
     and modified regarding waivers of 16 U.S.C. 501(b). The House 
     proposed no similar provision.
       Section 530. A provision proposed by the House and Senate 
     is continued and modified prohibiting the obligation of funds 
     for the Office of the Secretary and Executive Management for 
     any new hires at DHS if they are not verified through the E-
     Verify program.
       Section 531. A provision proposed by the Senate is 
     continued prohibiting funds from being used to reduce the 
     Coast Guard's Operations Systems Center mission or its 
     government-employed or contract staff. The House proposed no 
     similar provision.
       Section 532. A provision proposed by the House and Senate 
     is continued related to prescription drugs.
       Section 533. A provision proposed by the Senate is 
     continued prohibiting funds to be used to conduct or 
     implement the results of a competition under Office of 
     Management and Budget Circular A-76 with respect to the Coast 
     Guard National Vessel Documentation Center. The House 
     proposed no similar provision.
       Section 534. A provision proposed by the House and Senate 
     is continued requiring the Secretary, in conjunction with the 
     Secretary of the Treasury, to notify the Committees of any 
     proposed transfers from the Department of the Treasury 
     Forfeiture Fund to any agency within DHS. No funds may be 
     obligated until the Committees approve the proposed 
     transfers. If the President proposes to rescind Treasury 
     Forfeiture Funds in his fiscal year 2013 budget, he shall 
     propose to divide the funds equitably between the Departments 
     based upon their contributions to the Fund.
       Section 535. A provision proposed by the House and Senate 
     is continued prohibiting funds for planning, testing, 
     piloting, or developing a national identification card.
       Section 536. A provision proposed by the House is continued 
     requiring the TSA Administrator to certify that no security 
     risks will result if an airport does not participate in the 
     E-Verify program. The Senate proposed no similar provision.

[[Page 20840]]

       Section 537. A provision proposed by the House and Senate 
     is continued and modified that requires a report, to be 
     posted on the FEMA website, summarizing damage assessment 
     information used to determine whether to declare a major 
     disaster.
       Section 538. A provision proposed by the House and Senate 
     is continued, modified, and made permanent relating to the 
     liquidation of Plum Island assets and how the proceeds from 
     such sale may be applied to construction costs of the new 
     National Bio- and Agro-defense Facility.
       Section 539. A provision proposed by the House and Senate 
     is continued directing that any official required by this Act 
     to report or to certify to the Committees on Appropriations 
     may not delegate any authority unless expressly authorized to 
     do so in this Act.
       Section 540. A provision proposed by the Senate is 
     continued extending the risk-based security standards for 
     chemical facilities cited in section 550 of Public Law 109-
     295, as amended, for one year. The House proposed a similar 
     provision.
       Section 541. A provision proposed by the Senate is 
     continued prohibiting the use of funds for the transfer or 
     release of individuals detained at United States Naval 
     Station, Guantanamo Bay, Cuba. The House proposed a similar 
     provision.
       Section 542. A provision proposed by the House and Senate 
     is continued prohibiting funds in this Act to be used for 
     first-class travel.
       Section 543. A provision proposed by the House and Senate 
     is continued prohibiting funds in this Act to be used for 
     adverse personnel actions for employees who use protective 
     equipment or measures, including surgical masks, N95 
     respirators, gloves, or hand-sanitizers in the conduct of 
     their official duties.
       Section 544. A provision proposed by the House and Senate 
     is continued prohibiting funds to be used to employ illegal 
     workers as described in Section 274A(h)(3) of the Immigration 
     and Nationality Act.
       Section 545. A provision proposed by the Senate is 
     continued and modified relating to the proper disposal of 
     personal information collected through the Registered 
     Traveler program. The House proposed a similar provision.
       Section 546. A provision proposed by the Senate is 
     continued and made permanent regarding the definition of the 
     term ``rural'' for purposes of section 210C of the Homeland 
     Security Act of 2002. The House proposed no similar 
     provision.
       Section 547. A provision proposed by the House and Senate 
     is continued prohibiting funds appropriated or otherwise made 
     available by this Act to pay for award or incentive fees for 
     contractors with below satisfactory performance or 
     performance that fails to meet the basic requirements of the 
     contract.
       Section 548. A provision proposed by the House and Senate 
     is included that requires the TSA Administrator to submit 
     biannual reports on how the agency will meet the requirement 
     to screen 100 percent of air cargo transportation on 
     passenger aircraft arriving in the United States. TSA has 
     indicated they will not be able to meet the 9/11 Act deadline 
     for this subset of air cargo.
       Section 549. A provision proposed by the House and Senate 
     is included that requires any new processes developed to 
     screen aviation passengers and crews for transportation or 
     national security to consider privacy and civil liberties, 
     consistent with applicable laws, regulations, and guidance.
       Section 550. A provision proposed by the Senate is included 
     and modified pertaining to the construction of the National 
     Bio- and Agro-defense Facility in Manhattan, Kansas. The 
     House proposed no similar provision.
       Section 551. A provision proposed by the House is included 
     and modified that makes deposits into the Immigration 
     Examinations Fee Account available to United States 
     Citizenship and Immigration Services for the purposes of 
     providing immigrant integration grants of $10,000,000 in 
     fiscal year 2012. The Senate provided funding for this 
     activity under the USCIS heading.
       Section 552. A provision proposed by the Senate is included 
     and modified providing $7,500,000 for the Federal Emergency 
     Management Agency to reimburse costs incurred by State and 
     local governments affected by National Special Security 
     Events, including use of services, personnel, equipment, and 
     facilities. The House proposed no similar provision.
       Section 553. A provision proposed by the Senate is included 
     providing some flexibility to the Department for financing a 
     response to an immigration emergency, subject to 
     notification. The House proposed no similar provision.
       Section 554. A provision proposed by the Senate is included 
     permitting administrative law judges to be available 
     temporarily to serve on an arbitration panel as needed for 
     cases related to Hurricanes Katrina and Rita. The House 
     proposed no similar provision.
       Section 555. A provision proposed by the Senate is included 
     prohibiting funds appropriated or otherwise made available by 
     this Act for DHS to enter into a Federal contract unless the 
     contract meets requirements of the Federal Property and 
     Administrative Services Act of 1949 or Chapter 137 of title 
     10 U.S.C., and the Federal Acquisition Regulation, unless the 
     contract is otherwise authorized by statute without regard to 
     this section. The House proposed no similar provision.
       Section 556. A provision proposed by the Senate is included 
     and modified providing $70,000,000 for data center migration 
     activities to be allocated by the Secretary and allowing the 
     Secretary to transfer data center migration funds made 
     available by this Act between appropriations after notifying 
     the Committees 15 days in advance. The House proposed no 
     similar provision.
       Section 557. A provision proposed by the Senate is included 
     and made permanent allowing the Advanced Training Center to 
     charge fees for any service or thing of value it provides to 
     the Federal Government or non-government entities or 
     individuals, so long as the fee does not exceed the full 
     costs associated with the service or thing of value. The 
     House proposed no similar provision.
       Section 558. A provision proposed by the Senate is included 
     relating to the sale of LORAN properties. The House proposed 
     no similar provision.
       Section 559. A provision proposed by the Senate is included 
     and modified permitting the Department to sell ICE-owned 
     detention facilities and use the proceeds from any sale for 
     improvement to other facilities provided that any such sale 
     will not result in the maintenance of less than 34,000 
     detention beds. The House proposed no similar provision.
       Section 560. A provision proposed by the Senate is included 
     providing a total of $55,979,000 for consolidation of the new 
     DHS headquarters at St. Elizabeths and consolidation of 
     mission support activities. The House proposed no similar 
     provision.
       Section 561. A provision proposed by the House and Senate 
     is included for fiscal year 2012 requiring that SAFER grants 
     shall be used to retain firefighters, instead of only for 
     increasing the number of firefighters. The provision also 
     prohibits funds to be used to enforce certain requirements of 
     the Federal Fire Prevention and Control Act of 1974 related 
     to the program.
       Section 562. A provision proposed by the Senate is included 
     for fiscal year 2011 requiring that Staffing for Adequate 
     Fire and Emergency Response (SAFER) grants shall be used to 
     retain firefighters, instead of only for increasing the 
     number of firefighters. The provision also prohibits funds to 
     be used to enforce certain requirements of the Federal Fire 
     Prevention and Control Act of 1974 related to the program. 
     The House proposed no similar provision.
       Section 563. A provision proposed by the Senate is included 
     pertaining to future spills of national significance and 
     reimbursement for the Coast Guard. The House proposed no 
     similar provision.
       Section 564. A provision proposed by the Senate is included 
     and modified to impose increased penalties on individuals who 
     circumvent security screening at airports. The House proposed 
     no similar provision.
       Section 565. A provision proposed by the Senate is included 
     and modified related to recoupment of debts in cases where 
     funds were distributed based on an error made by FEMA. The 
     House proposed no similar provision.
       Section 566. A provision proposed by the Senate is included 
     regarding reimbursement by FEMA of Small Business 
     Administration Loans for eligible hazard mitigation activity. 
     Execution of this authority shall not result in an individual 
     being reimbursed more than once for the same mitigation 
     activity. The House proposed no similar provision.
       Section 567. A provision proposed by the House is included 
     and modified prohibiting availability of funds for the 
     Association of Community Organizations for Reform Now (ACORN) 
     and its affiliated organizations. The Senate proposed no 
     similar provision.
       Section 568. A new provision is included requiring the 
     Commissioner of CBP and the Assistant Secretary of ICE to 
     submit multi-year investment and management plans for funds 
     executed by their respective Offices of Information 
     Technology. The House proposed similar provisions under the 
     headings U.S. Customs and Border Protection ``Automation 
     Modernization,'' and U.S. Immigration and Customs Enforcement 
     ``Automation Modernization.''
       Section 569. A new provision is included stating that the 
     Secretary shall ensure enforcement of immigration laws.
       Section 570. A provision proposed by the House and Senate 
     is included and modified rescinding unobligated balances made 
     available to the Department when it was created in 2003.
       Section 571. A new provision is included rescinding 
     unobligated balances in multiple appropriations across the 
     Department, pursuant to section 505 of Public Law 112-10.
       Section 572. A provision is included rescinding unobligated 
     balances of prior year appropriations in multiple 
     appropriations across the Department.
       Section 573. A provision proposed by the House is continued 
     and modified to extend the authorization of the National 
     Flood Insurance Program until the earlier of the date of the 
     enactment into law of an Act that specifically reauthorizes 
     or extends the authorization of the program, May 31, 2012.

[[Page 20841]]



                         Provisions Not Adopted

       The conference agreement does not include section 547 of 
     the House bill rescinding $11,300,000 in unobligated balances 
     from ICE, Construction.
       The conference agreement does not include section 558 of 
     the Senate bill authorizing an increase to aviation security 
     passenger fees for fiscal year 2012.
       The conference agreement does not include section 565 of 
     the Senate bill making available an additional $18,300,000 
     until September 30, 2014, designated as emergency and offset 
     by rescinding unobligated emergency balances, for Coast Guard 
     to replace a rotary wing airframe.
       The conference agreement does not include section 570 of 
     the Senate bill rescinding $20,000,000 in unobligated prior 
     year balances from S_T ``Research, Development, Acquisitions, 
     and Operations.''
       The conference agreement does not include section 601 of 
     the House bill rescinding $500,000,000 from Department of 
     Energy unobligated balances pursuant to section 129 of P.L. 
     110-329 and transfers $1,000,000,000 to FEMA Disaster Relief.
       The conference agreement does not include section 701 of 
     the House bill prohibiting new budget authority from 
     exceeding budget allocation.
       The conference agreement does not include section 702 of 
     the House bill prohibiting use of funds in contravention of 
     section 642(a) of the Illegal Immigration Reform and 
     Immigrant Responsibility Act of 1996.
       The conference agreement does not include section 703 of 
     the House bill prohibiting use of funds to parole an alien or 
     grant deferred action except on a case-by-case basis for 
     urgent humanitarian reasons or significant public benefit.
       The conference agreement does not include section 704 of 
     the House bill prohibiting use of funds to require TWIC 
     applicants to appear at a designated enrollment center for 
     issuance, renewal, or activation.
       The conference agreement does not include section 705 of 
     the House bill prohibiting use of funds unless in accordance 
     with Presidential Memorandum--Federal Fleet Performance (May 
     24, 2011).
       The conference agreement does not include section 706 of 
     the House bill prohibiting use of funds in contravention of 
     section 44917 of 49 USC (pertaining to Federal Air Marshals).
       The conference agreement does not include section 707 of 
     the House bill prohibiting use of funds for the DHS Climate 
     Change Adaptation Task Force.
       The conference agreement does not include section 710 of 
     the House bill prohibiting use of funds in contravention of 
     section 236(c) of the Immigration and Nationality Act.
       The conference agreement does not include section 711 of 
     the House bill prohibiting use of funds for any political 
     appointee to delay, vacate, or reverse a FOIA decision by a 
     Privacy Office employee.
       The conference agreement does not include section 712 of 
     the House bill prohibiting use of funds to implement a 
     determination regarding transportation security officers and 
     collective bargaining.
       The conference agreement does not include section 713 of 
     the House bill prohibiting use of funds to implement any 
     rule, regulation, or executive order regarding disclosure of 
     political contributions.
       The conference agreement does not include section 714 of 
     the House bill limiting TSA Aviation Security funding for 
     screener personnel, compensation, and benefits.

                       CONFERENCE RECOMMENDATIONS

       The conference agreement's detailed funding 
     recommendations, specified by program, project, and activity 
     level, are contained in the table listed below.

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[[Page 20878]]

   DIVISION E--DEPARTMENT OF THE INTERIOR, ENVIRONMENT, AND RELATED 
                   AGENCIES APPROPRIATIONS ACT, 2012

       The following statement is an explanation of the effects of 
     Division E, which makes appropriations for the Department of 
     the Interior, the Environmental Protection Agency (EPA), the 
     Forest Service, the Indian Health Service, and related 
     agencies for fiscal year 2012. Language contained in House 
     Report 112-151 providing specific guidance to agencies 
     regarding the administration of appropriated funds and any 
     corresponding reporting requirements carries the same 
     emphasis as the language included in this explanatory 
     statement and should be complied with unless specifically 
     addressed to the contrary herein.
       In instances where the House report speaks more broadly to 
     policy issues or offers views that are subject to 
     interpretation, such views remain those of the House and do 
     not reflect the views of the conferees unless otherwise 
     repeated in this statement. In cases where the House report 
     or the statement of managers directs the submission of a 
     report, such report is to be submitted to both the House and 
     Senate Committees on Appropriations. Where this explanatory 
     statement refers to the Committees or the Committees on 
     Appropriations, unless otherwise noted, this reference is to 
     the House Subcommittee on Interior, Environment and Related 
     Agencies and the Senate Subcommittee on Interior, Environment 
     and Related Agencies.
       The conferees expect that each department and agency funded 
     in this Act will follow the directions set forth in this Act 
     and the accompanying statement, and will not reallocate 
     resources or reorganize activities except as provided herein 
     or otherwise approved by the Committees through the 
     reprogramming process as described in this report. Funding 
     levels for appropriations by account, program, and activity, 
     with comparisons to the fiscal year 2011 enacted level and 
     the fiscal year 2012 budget request, can be found in the 
     table at the end of this division.
       Unless expressly stated otherwise, any reference to ``this 
     Act'' or ``at the end of this statement'' shall be treated as 
     referring only to the provisions of this division.
       OVERSIGHT--The EPA, Forest Service, and Department of the 
     Interior are directed to report to the Committee no later 
     than 60 days following enactment of this Act on steps taken 
     to address management weaknesses and implement reforms 
     identified by the Government Accountability Office (GAO) and 
     each agency's IG during House oversight hearings held on 
     March 1, 2011 (Department of the Interior); March 2, 2011 
     (EPA); and March 10, 2011 (U.S. Forest Service).
       Making Litigation Costs Transparent--The EPA, Forest 
     Service, and Department of the Interior are directed to 
     provide to the House and Senate Committees on Appropriations, 
     and make publicly available no later than 60 days after 
     enactment, detailed Equal Access to Justice Act (EAJA) fee 
     information as specified in House Report 112-151.
       Reprogramming Guidelines--The following are the procedures 
     governing reprogramming actions for programs and activities 
     funded in the Department of the Interior, Environment and 
     Related Agencies Appropriations Act.
       Definitions.--``Reprogramming,'' as defined in these 
     procedures, includes the reallocation of funds from one 
     budget activity, budget line-item or program area, to another 
     within any appropriation funded in this Act. In cases where 
     the House Committee report displays an allocation of an 
     appropriation below that level, that more detailed level 
     shall be the basis for reprogramming.
       For construction, land acquisition, and forest legacy 
     accounts, a reprogramming constitutes the reallocation of 
     funds, including unobligated balances, from one construction, 
     land acquisition, or forest legacy project to another such 
     project.
       A reprogramming shall also consist of any significant 
     departure from the program described in the agency's budget 
     justifications. This includes proposed reorganizations, 
     especially those of significant national or regional 
     importance, even without a change in funding. Any change to 
     the organization table presented in the budget justification 
     shall be subject to this requirement.
       General Guidelines for Reprogramming.--
       (a) A reprogramming should be made only when an unforeseen 
     situation arises, and then only if postponement of the 
     project or the activity until the next appropriation year 
     would result in actual loss or damage.
       (b) Any project or activity, which may be deferred through 
     reprogramming, shall not later be accomplished by means of 
     further reprogramming, but instead, funds should again be 
     sought for the deferred project or activity through the 
     regular appropriations process.
       (c) Except under the most urgent situations, reprogramming 
     should not be employed to initiate new programs or increase 
     allocations specifically denied or limited by Congress, or to 
     decrease allocations specifically increased by the Congress.
       (d) Reprogramming proposals submitted to the House and 
     Senate Committees on Appropriations for approval shall be 
     considered approved 30 calendar days after receipt if the 
     Committees have posed no objection. However, agencies will be 
     expected to extend the approval deadline if specifically 
     requested by either Committee.
       Criteria and Exceptions.--A reprogramming must be submitted 
     to the Committees in writing prior to implementation if it 
     exceeds $1,000,000 annually or results in an increase or 
     decrease of more than 10 percent annually in affected 
     programs, with the following exceptions:
       (a) With regard to the tribal priority allocations of the 
     Bureau of Indian Affairs, there is no restriction on 
     reprogrammings among these programs. However, the Bureau 
     shall report on all reprogrammings made during a given fiscal 
     year no later than 60 days after the end of the fiscal year.
       (b) With regard to the EPA, State and Tribal Assistance 
     Grants account, the Committee does not require reprogramming 
     requests associated with States and Tribes Partnership 
     Grants.
       Assessments.--``Assessment'' as defined in these procedures 
     shall refer to any charges, reserves, or holdbacks applied to 
     a budget activity or budget line item for costs associated 
     with general agency administrative costs, overhead costs, 
     working capital expenses, or contingencies.
       (a) No assessment shall be levied against any program, 
     budget activity, sub-activity, budget line item, or project 
     funded by the Interior, Environment, and Related Agencies 
     Appropriations Act unless such assessment and the basis 
     therefore are presented to the Committees on Appropriations 
     in the budget justifications and are subsequently approved by 
     the Committees. The explanation for any assessment in the 
     budget justification shall show the amount of the assessment, 
     the activities assessed, and the purpose of the funds.
       (b) Proposed changes to estimated assessments, as such 
     estimates were presented in annual budget justifications, 
     shall be submitted through the reprogramming process and 
     shall be subject to the same dollar and reporting criteria as 
     any other reprogramming.
       (c) The conferees direct that each agency or bureau which 
     utilizes assessments shall submit an annual report to the 
     Committees which provides details on the use of all funds 
     assessed from any other budget activity, line item, sub-
     activity, or project.
       (d) In no case shall contingency funds or assessments be 
     used to finance projects and activities disapproved or 
     limited by Congress, or to finance programs or activities 
     that could be foreseen and included in the normal budget 
     review process.
       (e) New programs requested in the budget should not be 
     initiated before enactment of the bill without notification 
     to, and the approval of, the Committees on Appropriations. 
     This restriction applies to all such actions regardless of 
     whether a formal reprogramming of funds is required to begin 
     the program.
       Quarterly Reports.--All reprogrammings between budget 
     activities, budget line-items, program areas, or the more 
     detailed activity levels shown in the Statement of the 
     Managers, including those below the monetary thresholds 
     established above, shall be reported to the Committees within 
     60 days of the end of each quarter and shall include 
     cumulative totals for each budget activity, budget line item, 
     or construction, land acquisition, or forest legacy project.
       Land Acquisitions, Easements, and Forest Legacy.--Lands 
     shall not be acquired for more than the approved appraised 
     value (as addressed in section 301(3) of Public Law 91-646), 
     unless such acquisitions are submitted to the Committees on 
     Appropriations for approval in compliance with these 
     procedures.
       Land Exchanges.--Land exchanges, wherein the estimated 
     value of the Federal lands to be exchanged is greater than 
     $1,000,000, shall not be consummated until the Committees 
     have had a 30-day period in which to examine the proposed 
     exchange. In addition, the Committees shall be provided 
     advance notification of exchanges valued between $500,000 and 
     $1,000,000.
       Budget Structure.--The budget activity or line item 
     structure for any agency appropriation account shall not be 
     altered without advance approval of the House and Senate 
     Committees on Appropriations.

                  TITLE I--DEPARTMENT OF THE INTERIOR

                       BUREAU OF LAND MANAGEMENT

                   MANAGEMENT OF LANDS AND RESOURCES

       The bill provides $961,900,000 for Management of Lands and 
     Resources. The conferees also provide the following 
     directions:
       Wild Horse and Burro Management.--The bill provides 
     $75,008,000 for wild horse and burro management. The Bureau 
     of Land Management is encouraged to take all necessary steps 
     to keep costs under control for this program.
       Range Management.--The bill increases funding to address 
     numerous challenges including completion of grazing permit 
     renewals; hiring of seasonal employees to ensure timely turn-
     out of livestock; annual and trend monitoring of grazing 
     allotments; and improving the quality of Bureau work on 
     environmental and other documents related to livestock 
     grazing, among other range management activities.
       Native Plant Program.--The conferees are supportive of the 
     Bureau of Land Management's existing plant conservation and 
     native plant materials program and expect the

[[Page 20879]]

     Bureau to continue to support a robust program through 
     resources provided under various accounts, including land 
     management, wildlife management and threatened/endangered 
     species.
       Wildlife and Fisheries.--Funding is included throughout 
     Bureau of Land Management line items for sage grouse habitat 
     monitoring and updating Resource Management Plans to conserve 
     the sage grouse. The Bureau should prioritize research 
     related to White Nose Syndrome in bats and the inventory and 
     monitoring of bat resources on Bureau-administered lands.
       Energy and Minerals.--The conferees are concerned by rising 
     energy prices and believe domestic energy production must 
     increase while also being mindful of the environment and 
     other competing land uses. To better track royalty payments, 
     the Department should consider integrating systems that would 
     allow for remote monitoring and third party verification of 
     Bureau production. The conferees recommend that the Bureau of 
     Land Management continue its policy of keeping renewable 
     energy projects off lands that were donated for conservation 
     regardless of deed status.
       Resource Protection and Maintenance.--The bill provides 
     $101,707,000 for resource protection and maintenance. Within 
     resource management planning, the Bureau should allocate at 
     least $5,000,000 toward revisions of the Resource Management 
     Plans that contain sage grouse habitat.
       In coordination with the Desert Renewable Energy 
     Conservation Plan process, the Secretary is instructed to 
     complete a report evaluating the possible Solar Energy Study 
     Areas in the West Mojave that respect designated off-road 
     vehicle routes and provide the report to the Committee on 
     Appropriations within ninety days of enactment of this Act.
       In the case of any land exchange involving public land 
     carried out directly or through a third-party, the Bureau of 
     Land Management is directed to provide written notice of the 
     proposed land exchange to each owner of non-Federal land 
     adjoining a parcel of public land proposed for exchange and 
     each owner of non-Federal land adjoining the non-Federal land 
     proposed to be acquired in the exchange. The Secretary shall 
     determine adjoining landowners using the most recent 
     available tax records.

                              CONSTRUCTION

       The bill provides $3,576,000 for Construction of which 
     $2,019,000 is for line item projects. The amount provided 
     will fully fund construction projects as prioritized by the 
     Bureau pursuant to the Administration's revised request list 
     provided to the Committees on June 24, 2011. Requests for 
     reprogramming will be considered pursuant to the guidelines 
     in the front of this statement.

                            LAND ACQUISITION

       The bill provides $22,380,000 for Land Acquisition, of 
     which $1,880,000 is for Acquisition Management; $1,500,000 is 
     for Inholdings, Emergencies, and Hardships; and $19,000,000 
     is for Acquisitions.
       This amount will fully fund projects 1 through 5 as 
     prioritized by the Bureau pursuant to the Administration's 
     revised request list provided to the Committees on June 24, 
     2011. Requests for reprogramming will be considered pursuant 
     to the guidelines in the front of this statement.


                   OREGON AND CALIFORNIA GRANT LANDS

       The bill provides $112,043,000 for Oregon and California 
     Grant Lands.


                           RANGE IMPROVEMENTS

       The bill provides $10,000,000 to be derived from public 
     lands receipts and Bankhead-Jones Farm Tenant Act lands 
     grazing receipts.


               SERVICE CHARGES, DEPOSITS, AND FORFEITURES

       The bill provides an indefinite appropriation estimated to 
     be $32,125,000 for Service Charges, Deposits, and 
     Forfeitures.


                       MISCELLANEOUS TRUST FUNDS

       The bill provides an indefinite appropriation estimated to 
     be $19,700,000 for Miscellaneous Trust Funds.


                       ADMINISTRATIVE PROVISIONS

       The bill includes the administrative provisions as proposed 
     by the conferees.


                UNITED STATES FISH AND WILDLIFE SERVICE

                          RESOURCE MANAGEMENT

       The bill provides $1,228,142,000 for Resource Management. 
     The detailed allocation of funding by activity and program 
     element is included in the table at the end of this 
     statement. The conferees have assumed administrative savings 
     proposed in the budget request but have not provided 
     requested funding increases for fixed costs or general 
     program increases. In addition to the guidance and reporting 
     requirements included in the House report, as noted in the 
     front of this joint explanatory statement, the conference 
     agreement includes the following directions:
       Ecosystem Initiatives.--The conferees are aware that the 
     budget request includes new funding for a number of regional 
     restoration initiatives, including the Chesapeake Bay, Gulf 
     Coast, Bay Delta, and the Everglades. Due to funding 
     limitations, the conferees are not able to include new 
     funding for these initiatives within the program levels 
     below. However, subject to reprogramming limitations, the 
     conferees do not object to these initiatives being funded 
     within the levels provided if the Service is able to identify 
     funding offsets from lower priority items.
       Endangered Species.--The bill includes $176,237,000 for 
     Endangered Species. Listing and Critical Habitat is funded at 
     the fiscal year 2011 enacted level of $20,902,000; however, 
     the conferees have agreed to combine the funding for 
     activities within this program element in order to provide 
     the Service with additional flexibility to target funding to 
     its highest priorities. Consultation and HCPs are funded at 
     $61,041,000, of which $2,000,000 is for renewable energy as 
     requested. Recovery is funded at $82,939,000, of which 
     $2,000,000 is for the declining species initiative instead of 
     the requested $4,000,000.
       The conferees direct the Service to fund white nose 
     syndrome research and response activities at no less than 
     $4,000,000 from within Recovery. Funds should be used to: (1) 
     increase research capacity to fund basic and applied research 
     to stop the spread of the disease; (2) provide funding for 
     States to implement response activities; and (3) increase FWS 
     capacity for surveillance, monitoring and coordination 
     activities. The conferees expect these activities to be 
     coordinated with other Federal partners.
       The conferees direct the Service to provide $1,000,000 from 
     within Recovery to reinstate a livestock loss demonstration 
     program as authorized by Public Law 111-11. States with de-
     listed wolf populations shall continue to be eligible for 
     funding, provided that those States continue to meet the 
     eligibility criteria contained in Public Law 111-11.
       The conferees recommend that the Service and Federal action 
     agencies take into account economic impacts when formulating 
     actions and conducting all section 7 consultations pursuant 
     to the Santa Ana Sucker Critical Habitat designation, to the 
     extent authorized under the Endangered Species Act. The 
     economic impacts to be considered by the Service and Federal 
     action agencies should include the costs of local water 
     supply development and imported water costs, infrastructure 
     needs, water conservation efforts, and efforts to increase 
     employment in the region affected by the Santa Ana Sucker 
     Critical Habitat designation.
       The conferees are concerned that the Service's region 6 has 
     a backlog of Endangered Species Act section 7 consultations 
     on long term planning documents to assess grizzly bears, bull 
     trout and their habitats. The conferees urge the Service to 
     assign appropriate resources and staff, including filling any 
     current vacancies, to support timely completion of those 
     consultations.
       Northern Rocky Mountain Multispecies Conservation 
     Agreements Initiative.--The conferees recommend that the Fish 
     and Wildlife Service convene a regional policy coordination 
     and outreach effort to improve upon and increase the use of 
     Endangered Species Act conservation agreements between the 
     agency, the States, and private landowners. Nearly two-thirds 
     of the nation's land is privately owned, and the Service 
     cannot accomplish its conservation goals without the help of 
     private landowners. Conservation agreements between non-
     Federal landowners and the Service help to conserve listed or 
     at-risk species while offering a level of protection from 
     certain Endangered Species Act actions. The conferees 
     recognize the challenges that private landowners often face 
     when confronted with working with a Federal regulatory agency 
     such as the Service, and believe that the States can play a 
     strong intermediary role. The conferees recommend that the 
     Service work with the northern Rocky Mountain States and a 
     diverse coalition of private landowners to find innovative, 
     multispecies, multi-partner approaches to utilizing 
     conservation agreements that simplify the process for private 
     landowners; that empower the States to work directly with 
     private landowners to set up the agreements; and that 
     recognize the Service's final authority. The conferees 
     request that the States and the coalition report to the 
     Committees with recommendations as to how to improve upon and 
     increase the use of conservation agreements.
       Habitat Conservation.--The bill provides $110,814,000 for 
     Habitat Conservation. Partners for Fish and Wildlife is 
     funded at $54,856,000, of which $6,000,000 is for the climate 
     change initiative instead of the requested $8,000,000. 
     Conservation Planning Assistance is funded at $35,837,000, of 
     which $2,000,000 is for renewable energy as requested.
       In carrying out its renewable energy consultations, the 
     conferees direct the Service to continue coordinating with 
     other agencies within the Department of the Interior, as well 
     as with the Department of Commerce, Department of Energy, and 
     other Federal and State agencies, to ensure that the 
     investments support the further development of the renewable 
     energy industry, including the creation of an offshore wind 
     manufacturing industry and related jobs in the United States.
       The conferees support the Secretary's decision to establish 
     an office that will be focused on Endangered Species Act 
     compliance for renewable energy projects. In order to 
     facilitate better species protection and stewardship of 
     public resources, the conferees expect that this office will 
     develop permitting policies that make it less difficult and 
     time-consuming to permit projects on disturbed private lands 
     than on pristine public lands.

[[Page 20880]]

     The conferees are aware that the Service has begun work on a 
     rule under section 4(d) of the Endangered Species Act to 
     address this concern, but the Service has not yet released a 
     draft. The conferees expect the Service to publish its draft 
     and final rules to address this issue during fiscal year 
     2012. The conferees are aware that the Service is exploring 
     opportunities to expedite the permitting of renewable energy 
     projects and support efforts by the Service to establish a 
     pilot fee program using the Service's existing authorities. 
     The Service is expected to provide a report within 120 days 
     of enactment of this Act that details how and where the 
     Service plans to institute fees in fiscal year 2012 to 
     improve program delivery and customer service.
       National Wildlife Refuge System.--The bill includes 
     $486,469,000 for the National Wildlife Refuge System. 
     Wildlife and Habitat Management is funded at $223,797,000, of 
     which $1,000,000 is for a pilot program to eradicate feral 
     swine on national wildlife refuges; and $20,000,000 is for 
     climate change inventory and monitoring, as requested. 
     Conservation Planning is funded at $11,723,000, which is an 
     increase of $3,440,000 above the request in order to maintain 
     funding for land protection planning within this program 
     element instead of within Land Acquisition, as was proposed.
       The conferees are concerned about particular restrictions 
     on overnight houseboat accommodations at concessionaire-
     operated marinas. In keeping with Executive Order 12866, the 
     conferees direct the Service to carefully consider the impact 
     to concessionaires of such operational changes.
       The conferees are aware of local concerns regarding the 
     implementation of certain management activities on the 
     Willapa National Wildlife Refuge and direct the Service to 
     postpone the implementation of those sections of the Final 
     Comprehensive Conservation Plan and Environmental Impact 
     Statement for the refuge that deal with the removal of the 
     dikes at the Porter Point Unit, Reikkola Unit, and Lewis Unit 
     of the refuge until at least April 1, 2012, in order to give 
     the Service more time to work with stakeholders to address 
     the concerns.
       Migratory Birds, Law Enforcement and International 
     Conservation.--The bill includes $126,769,000 for Migratory 
     Birds, Law Enforcement, and International Conservation. 
     Migratory Bird Management is funded at $51,535,000, which 
     includes a decrease of $1,366,000 from the request for the 
     North American Waterfowl Management Plan and a general 
     program decrease of $1,522,000.
       Fisheries and Aquatic Resource Conservation.--The bill 
     includes $135,534,000 for Fisheries and Aquatic Resource 
     Conservation. National Fish Hatchery System Operations is 
     funded at $46,149,000. The conferees have restored the 
     proposed $3,388,000 shortfall in the budget for mitigation 
     hatchery operations and critical supplies. An additional 
     $3,800,000 is appropriated elsewhere in this consolidated Act 
     for the U.S. Army Corps of Engineers to reimburse the 
     Service. Together, these amounts fully fund mitigation 
     hatcheries operated by the Service for the Corps, Tennessee 
     Valley Authority, Bureau of Reclamation's Central Utah 
     Project and the Bonneville Power Administration. The 
     conferees support efforts by the Service to recover costs of 
     programs that are conducted to mitigate the environmental 
     effects of other Federal partners. However, future budget 
     requests must ensure that Federal partners have committed to 
     make sufficient funding available to reimburse the Service 
     before the Service proposes to eliminate funding for 
     mitigation hatcheries so that operations at these hatcheries 
     are not disrupted.
       Aquatic Habitat and Species Conservation is funded at 
     $71,325,000. The bill includes $1,000,000 towards the 
     implementation of mandatory operational inspection and 
     decontamination stations at Federally-managed or 
     interjurisdictional water bodies considered to be of highest 
     risk, as called for in the February 2010 Quagga-Zebra Mussel 
     Action Plan for Western U.S. Waters. An additional $1,000,000 
     is included to continue and expand funding for the control 
     and eradication of zebra and quagga mussels and other aquatic 
     invasive species, including funding for State aquatic 
     invasive species management plans. Also included is a 
     $2,000,000 increase above the fiscal year 2011 enacted level 
     for Asian carp monitoring and eradication activities.
       Cooperative Landscape Conservation and Adaptive Science.--
     The bill includes $32,250,000 for Cooperative Landscape 
     Conservation and Adaptive Science. The conferees recognize 
     that fish and wildlife conservation organizations are facing 
     increasingly complex ecological and fiscal challenges that 
     require resource threats to be addressed in a more efficient 
     and effective way. In light of these challenges, the Service 
     has established a network of Landscape Conservation 
     Cooperatives (LCCs) with other Federal, State, local and 
     tribal partners to better leverage conservation resources and 
     better prioritize and coordinate research and program 
     delivery. The conferees support these efforts but also expect 
     the Service to establish clear goals, objectives and 
     measurable outcomes for LCCs that can be used as benchmarks 
     of success of the program. Further, the conferees direct the 
     Service to clearly articulate how it plans to integrate its 
     LCCs with other successful regional partnerships, including 
     its Joint Ventures and Fish Habitat Partnerships programs, as 
     well as with other Federal and non-Federal partners, 
     including the U.S. Geological Survey's regional Climate 
     Science Centers, the Cooperative Fish and Wildlife Research 
     Units, and the Cooperative Ecosystem Studies Units.
       Bill Language.--The bill includes language to cap 
     expenditures at $7,472,000 for critical habitat designations; 
     $1,500,000 for listing species that are indigenous to the 
     United States; and $1,500,000 for listing foreign species. 
     The bill includes language providing for fiscal year 2012 and 
     hereafter: $400,000 for certain law enforcement activities; 
     and $1,000,000 for certain environmental contaminant 
     activities.


                              CONSTRUCTION

       The bill includes $23,088,000 for Construction, as 
     requested, of which $12,149,000 is for line item projects. 
     The amount provided will fully fund the projects as 
     prioritized by the Service pursuant to the Administration's 
     revised request list provided to the Committees on June 24, 
     2011. Requests for reprogramming will be considered pursuant 
     to the guidelines in the front of this statement.


                            LAND ACQUISITION

       The bill provides $54,720,000 for Land Acquisition. The 
     conference agreement includes $5,000,000 for the Highlands 
     Conservation Act; $10,555,000 for Acquisition Management; 
     $2,000,000 for User Pay Cost Share; $2,500,000 for exchanges; 
     $4,500,000 for Inholdings, Emergencies, and Hardships; and 
     $30,165,000 for Acquisitions. The conferees have rejected the 
     proposal to transfer land protection planning funds from the 
     Resource Management account.
       The amount provided for Acquisitions will fully fund 
     projects 1 through 13 as prioritized by the Service pursuant 
     to the Administration's revised request list provided to the 
     Committees on June 24, 2011. Requests for reprogramming will 
     be considered pursuant to the guidelines in the front of this 
     statement.
       The Secretaries of the Interior and Agriculture are 
     directed to report to the Committees on Appropriations within 
     180 days of enactment of this Act on potential exchange 
     proposals for approximately 1,700 acres currently managed by 
     the U.S. Fish and Wildlife Service and generally depicted on 
     a map titled ``The Sharkey Restoration Research Site, Delta 
     NF,'' for lands of equal or approximate value managed by the 
     U.S. Forest Service in Mississippi.
       Bill Language.--The bill includes language allowing the 
     Service to fund limited administrative costs for the 
     Highlands Conservation Act program administration. Also 
     included is language providing that no funds appropriated for 
     specific projects may be used for overhead, planning or other 
     management costs.


            COOPERATIVE ENDANGERED SPECIES CONSERVATION FUND

       The bill provides $47,757,000 for the Cooperative 
     Endangered Species Conservation Fund. The detailed allocation 
     of funding by activity is included in the table at the end of 
     this statement.
       Bill Language.--The bill includes language deriving 
     $22,757,000 from the Cooperative Endangered Species 
     Conservation Fund and $25,000,000 from the Land and Water 
     Conservation Fund.


                     NATIONAL WILDLIFE REFUGE FUND

       The bill provides $13,980,000 for payments to counties 
     authorized by the National Wildlife Refuge Fund.


               NORTH AMERICAN WETLANDS CONSERVATION FUND

       The bill provides $35,554,000 for the North American 
     Wetlands Conservation Fund.


                NEOTROPICAL MIGRATORY BIRD CONSERVATION

       The bill provides $3,792,000 for Neotropical Migratory Bird 
     Conservation.


                MULTINATIONAL SPECIES CONSERVATION FUND

       The bill provides $9,481,000 for the Multinational Species 
     Conservation Fund. The detailed allocation of funding by 
     activity is included in the table at the end of this 
     statement.


                    STATE AND TRIBAL WILDLIFE GRANTS

       The bill provides $61,421,000 for State and Tribal Wildlife 
     Grants, of which $51,405,000 is for State formula grants, 
     $5,741,000 is for State competitive grants, and $4,275,000 is 
     for tribal competitive grants. The Service is directed to 
     report to the Committees within 90 days of enactment of this 
     Act on the amounts of unobligated and reapportioned funds, by 
     State and Territory, for fiscal years 2008, 2009, and 2010. 
     The conferees encourage the Service and the program partners 
     to complete the Wildlife TRACS database so that the program 
     can better demonstrate its ability to prevent at-risk species 
     from having to be listed under the Endangered Species Act.
       Bill Language.--The bill includes language requiring a 25 
     percent non-Federal cost share for planning grants and a 35 
     percent non-Federal cost share for implementation grants. 
     Bill language is included allowing unobligated balances to be 
     reapportioned.

[[Page 20881]]




                         NATIONAL PARK SERVICE

                 OPERATION OF THE NATIONAL PARK SYSTEM

       The bill provides $2,240,152,000 for the Operation of the 
     National Park System account.
       Civil War Sesquicentennial.--In observances marking the 
     150th anniversary of the Civil War, the Service is urged to 
     recognize the historic, social, legal, racial, cultural and 
     political forces that caused the Civil War and influenced its 
     course and outcomes.
       Technical Assistance.--The Service is encouraged to support 
     the effort of NPS retirees to provide volunteer technical 
     assistance to national parks in other countries.
       Historic Leases.--The Service is encouraged to pursue the 
     use of cost-effective, innovative solutions like historic 
     leases when practical and when the arrangement comports with 
     a park unit's enabling legislation.
       Flight 93 Memorial.--The conferees remain firmly committed 
     to the timely completion of the Flight 93 Memorial and direct 
     the Service to devote the resources necessary to properly 
     archive, maintain, and preserve the invaluable collections, 
     including 50,000 personal tributes and 2,000 hours of audio 
     interviews, associated with this memorial.
       National Capitol Area Performing Arts Program.--The 
     conferees direct the Service to maintain funding for the 
     National Capital Area Performing Arts Program and have 
     included $612,000 for the summer concert series staged on the 
     U.S. Capitol grounds.
       Cuyahoga Valley National Park.--The Service is encouraged 
     to continue its work with surrounding communities to support 
     the local road systems and establish maintenance priorities.
       Statue of Liberty and Martin Luther King, Jr. Memorial and 
     Visitor Center.--The conferees have provided an increase of 
     $1,100,000 million as requested within Park Protection for 
     additional Park Police protection at the Statue of Liberty 
     and Martin Luther King, Jr. Memorial.
       Sequoia National Park.--The conference agreement does not 
     include report language contained in the House report nor 
     bill language proposed by the Senate directing the Department 
     of the Interior to report on the methodology used in 
     calculating hydropower fees on National Park Service lands. 
     The conferees understand that this issue has been settled and 
     the need for the report no longer exists.
       Delaware Water Gap National Recreation Area and Middle 
     Delaware National Scenic and Recreational River, Appalachian 
     National Scenic Trail.--The conferees are concerned about 
     delays in completing an Environmental Impact Statement (EIS) 
     announced by the National Park Service and the Department of 
     the Interior regarding improvement of electric transmission 
     lines partially lying within the boundaries of the Delaware 
     Water Gap National Recreation Area. The National Park Service 
     and the Department are directed to adhere to the previously 
     announced schedule and publish a final Record of Decision 
     (ROD) by October of 2012.
       Historic Properties.--The conferees are concerned that a 
     proposal to remove the Fresnel lens currently installed at 
     the Block Island Southeast Lighthouse in Rhode Island will 
     have an adverse impact on this historic property. As such, 
     the conferees direct the Service to report to and consult 
     with the Committees on Appropriations prior to facilitating 
     the transfer of the lens or accepting the lens for display at 
     any unit within the System.
       Point Reyes National Seashore.--The conferees are aware 
     that the Service will shortly be issuing a Draft 
     Environmental Impact Statement (DEIS) regarding a possible 
     10-year extension for oyster operations at Point Reyes 
     National Seashore. Because of concerns relating to the 
     validity of the science underlying the DEIS, the conferees 
     direct the National Academy of Sciences to assess the data, 
     analysis, and conclusions in the DEIS in order to ensure 
     there is a solid scientific foundation for the Final 
     Environmental Impact Statement expected in mid-2012.


                  NATIONAL RECREATION AND PRESERVATION

       The bill provides $59,975,000 for the National Recreation 
     and Preservation account with the following specific 
     directive:
       Heritage Partnership Program.--The bill provides an 
     increase of $8,408,000 above the request to maintain funding 
     at the fiscal year 2011 enacted level.


                       HISTORIC PRESERVATION FUND

       The bill provides $56,000,000 for the Historic Preservation 
     Fund account with the following specific directive:
       State and Tribal Historic Preservation Offices.--The bill 
     provides $47,000,000 for State Historic Preservation Offices 
     and $9,000,000 for Tribal Historic Preservation Offices.


                              CONSTRUCTION

                    (INCLUDING RESCISSION OF FUNDS)

       The bill provides $159,621,000 for the Construction 
     account.
       Line Item Construction. The bill provides $77,847,000 in 
     funding for line item construction projects. The amount 
     provided will fully fund NPS construction projects as 
     prioritized by the Service pursuant to the Administration's 
     revised request list provided to the Committees on June 24, 
     2011. Requests for reprogramming will be considered pursuant 
     to the guidelines in the front of this statement.
       Washington Monument Stabilization and Repair, National 
     Capital Region.--The bill provides a total of $7,500,000 for 
     the stabilization and repair of the Washington Monument. The 
     conferees understand these funds will be matched on a 1:1 
     basis by a private citizen. The conferees have also included 
     language allowing the National Park Service to enter into a 
     single procurement for repairs to the Washington Monument.
       Special Resource Studies.--The conferees urge the Service 
     to complete previously authorized studies before initiating 
     any new studies.


             LAND AND WATER CONSERVATION FUND (RESCISSION)

       The bill rescinds $30,000,000, as in previous years, in 
     annual contract authority. There are no plans to use this 
     authority in fiscal year 2012.


                 LAND ACQUISITION AND STATE ASSISTANCE

       The bill provides $102,060,000 for Land Acquisition and 
     State Assistance, of which $9,000,000 is for the American 
     Battlefield Protection Program; $9,500,000 is for Acquisition 
     Management; $5,000,000 is for Inholdings and Exchanges; 
     $3,000,000 is for Emergencies and Hardships; and $30,560,000 
     is for Federal Acquisitions. The State Assistance Grant 
     Program is funded at $45,000,000, of which $2,794,000 is for 
     Administrative Expenses.
       The amount provided for Federal Acquisitions will fully 
     fund the first two projects as prioritized by the Service 
     pursuant to the Administration's revised request list 
     provided to the Committees on June 24, 2011. Requests for 
     reprogramming will be considered pursuant to the guidelines 
     in the front of this statement.


                    UNITED STATES GEOLOGICAL SURVEY

                 SURVEYS, INVESTIGATIONS, AND RESEARCH

       The bill provides $1,069,744,000 for Surveys, 
     Investigations, and Research of the U.S. Geological Survey. 
     The detailed allocation of funding by activity and sub-
     activity is included in the table at the end of this 
     statement and comports with the requested budget structure 
     realignment. Unless otherwise indicated below, the conferees 
     have accepted the proposals for reductions resulting from 
     Department-wide efficiencies, administrative savings, and 
     Enterprise Publishing Network savings. A decrease of 
     $2,172,000 to the request has been assumed to reflect changes 
     in the final fiscal year 2011 operating plan, which was not 
     available at the time the request was submitted. Support for 
     ecosystem restoration activities throughout the Survey's 
     programs is maintained at the fiscal year 2011 enacted level. 
     Additional changes to the request are specified below.
       Ecosystems.--The bill provides $161,536,000 for Ecosystems 
     activities. Increases above the enacted level include 
     $1,500,000 for The Chesapeake Bay Executive Order and 
     $2,500,000 for the Great Lakes Asian Carp Control Framework. 
     The conferees support the President's budget proposal to 
     conduct an in-depth analysis of the extent and sources of 
     endocrine disrupting chemicals impacting fish and wildlife in 
     the Chesapeake basin.
       Climate and Land Use Change.--The bill provides 
     $144,320,000 for Climate and Land Use Change programs. Within 
     Climate Variability, changes to the request include decreases 
     of $2,000,000 from Research and Development, and $6,460,000 
     from Science Support for DOI Bureaus. Carbon Sequestration is 
     funded at $9,000,000.
       Within Land Use Change, an increase of $11,500,000 is 
     provided to complete funding for Landsat 8 ground operations 
     development. The conferees have not agreed with the proposal 
     to create a separate ``Land Imaging'' account and have 
     instead maintained funding for all satellite operations 
     within this subactivity. Estimated administrative savings 
     assumed in the proposed new account have been assumed within 
     the Land Use Change account instead.
       The conferees have not agreed to transfer budgetary 
     authority for the launch of Landsat satellites 9 and 10 from 
     the National Aeronautics and Space Administration to the 
     Survey. Of the requested $48,000,000 increase for its 
     implementation, the conferees have provided $2,000,000 for 
     program development only. The conferees note that future 
     requests for the project are estimated by the Administration 
     to escalate to over $400,000,000 by fiscal year 2014. There 
     is little doubt that resources will not be available within 
     the Interior Appropriations bill to support these very large 
     increases without decimating all other Survey programs. The 
     conferees note that the launch of Landsat 9 is not scheduled 
     until 2018. This allows time in the year ahead for all 
     interested parties to re-examine how to proceed with future 
     Landsat missions. In the conferees' view this would be a 
     prudent step, inasmuch as the current budget proposal is 
     based on a report from the Office of Science and Technology 
     Policy issued in 2008, and both technological advances and a 
     vastly different economic environment may point to other, 
     less costly, options for obtaining Landsat data.
       Energy, Minerals, and Environmental Health.--The bill 
     provides $96,368,000 for Energy, Minerals, and Environmental 
     Health. The following amounts have been restored to ongoing 
     programs that were proposed to be reduced in the request: 
     $250,000 for the Minerals External Research Program; 
     $5,000,000 for Minerals Resources; $1,000,000 for Energy 
     Resources; $500,000 for Contaminants; and

[[Page 20882]]

     $2,500,000 for Toxic Substances Hydrology. An increase of 
     $1,000,000 is provided for the New Energy Frontier 
     initiative.
       Natural Hazards.--The bill provides $134,696,000 for 
     Natural Hazards. The conferees have not agreed to proposed 
     reductions in the request and have restored funds to the 
     following programs: $2,000,000 for Earthquake Grants; 
     $1,800,000 for the 2012 Multi-Hazards Initiative; and 
     $1,500,000 for the National Volcano Early Warning System. 
     Decreases from the request include $800,000 from the 2011 
     Multi-Hazards Initiative, and $3,000,000 from Coastal and 
     Marine Spatial Planning.
       Water Resources.--The bill provides $214,996,000 for Water 
     Resources. Funding has been restored for the following 
     programs that were proposed to be reduced in the request: 
     $2,000,000 for Groundwater Resources; $6,049,000 for the 
     National Water Quality Assessment Program; $1,963,000 for the 
     Cooperative Water Program; and $6,500,000 for the Water 
     Resources Research Act Program. A program increase of 
     $2,846,000 above the request is provided for the National 
     Streamflow Information Program. Decreases from the request 
     include $2,500,000 from the WaterSMART initiative within 
     Hydrologic Networks and Analysis. The conferees encourage the 
     Survey to include with its fiscal year 2013 budget request a 
     proposal to establish a national groundwater monitoring 
     network as authorized by the Secure Water Act.
       Core Science Systems.--The bill provides $106,849,000 for 
     Core Science Systems. Increases to the request include 
     $998,000 for the National Geological and Geophysical Data 
     Preservation Program to continue funding at the current year 
     enacted level, and $1,500,000 for National Cooperative 
     Geologic Mapping Federal and State Partnerships to partially 
     restore the proposed reduction to that program. Decreases 
     from the request include $500,000 from WaterSMART.
       Administration and Enterprise Information.--The bill 
     provides $110,397,000 for Administration and Enterprise 
     Information. There is a decrease from the request of 
     $5,920,000 for separation costs. This amount is significantly 
     below what the Survey would need to implement its proposed 
     reduction in force. If a similar plan is put forward in 
     future budget requests, the conferees expect that sufficient 
     funds will be requested for its implementation.
       Facilities.--The bill provides $100,582,000 for Facilities. 
     The conferees do not agree with the administration's proposal 
     to create a separate ``Construction'' line item within the 
     budget and consequently have maintained those funds within 
     the ``Deferred Maintenance and Capital Improvement'' 
     subactivity. In the conferees' view, the Survey has the 
     authorities it requires to manage its facilities and space 
     requirements within the current structure.


       BUREAU OF OCEAN ENERGY MANAGEMENT OCEAN ENERGY MANAGEMENT

       The bill provides $59,792,000 for Ocean Energy Management 
     to be partially offset with the collection of offsetting 
     rental receipts and cost recovery fees totaling $101,082,000. 
     This new account funds the activities of the Bureau of Ocean 
     Energy Management, including leasing, environmental studies, 
     economic analysis and the Renewable Energy Program. The 
     conferees also provide the following directions:
       Renewable Energy.--The bill provides $22,697,000 for 
     renewable energy leasing activities, including program 
     development, environmental analysis, consultation with 
     Federal, State, and local stakeholders, and development of a 
     multipurpose marine cadastre. The Director should work with 
     the Secretary of Energy and States to exchange information 
     about the development of new technology related to the 
     structural material, environmental, and design safety 
     criteria, as well as design and performance standards, of 
     transitional depth and floating wind turbines. The Bureau is 
     expected to continue working with coastal states and other 
     stakeholders to study new wind energy areas, including in 
     shallow, transitional, and deep (over 200 feet) waters.
       Conventional Energy.--The bill provides $47,283,000 for 
     conventional oil and gas leasing activities, including 
     planning of the Five-year Oil and Gas Leasing Program, 
     surveying Outer Continental Shelf boundaries, implementing 
     the lease sale process, administering leases, and reviewing 
     exploration and development plans.
       Environmental Assessment--The bill provides $62,041,000 for 
     environmental assessment activities.
       The Bureau is encouraged to continue its efforts in working 
     with partners to collect information about methane hydrates 
     on the sea floor and the relationships between gas hydrates 
     and episodes of sediment instability that may pose a threat 
     to the petroleum industry's infrastructure and safety of 
     operations.
       Bill Language.--The bill includes in Title IV a general 
     provision that amends Sec. 328 of the Clean Air Act (42 
     U.S.C. 7627(a)(1)) to transfer air quality permitting 
     authority, as of the date of enactment of this Act, from the 
     Environmental Protection Agency to the Department of the 
     Interior, giving regulatory parity for the Beaufort and 
     Chukchi Sea planning areas with the Western and Central Gulf 
     of Mexico planning areas. Paragraph (c) ensures that this 
     change in the issuance and administration of air quality 
     requirements will not invalidate or stay any permit, or 
     proceeding related thereto, which is existing or pending as 
     of the date of enactment of this Act.


  BUREAU OF SAFETY AND ENVIRONMENTAL ENFORCEMENT OFFSHORE SAFETY AND 
                       ENVIRONMENTAL ENFORCEMENT

       The bill provides $61,473,000 for Offshore Safety and 
     Environmental Enforcement to be partially offset with the 
     collection of offsetting rental receipts, cost recovery fees 
     and inspection fees totaling $121,081,000. The conferees also 
     provide the following directions:
       Funding has been increased with the expectation that much-
     needed inspectors and engineers will be hired and that 
     permits will be processed expeditiously. The highest priority 
     for BSEE with the funding appropriated is ensuring safety and 
     prompt consideration of permits. Appropriated dollars should 
     not be used for expanding regulation of non-lease holders, 
     with the exception of those involved in the Deepwater Horizon 
     accident, unless approved through reprogramming pursuant to 
     the guidelines in the front of this statement.
       Environmental Enforcement.--The bill provides $4,110,000 
     for environmental enforcement actions, as requested. 
     Activities include environmental compliance activities 
     related to issuing permits associated with plans, inspections 
     of environmental measures and enforcement of incidences of 
     noncompliance, and monitoring industry compliance with 
     mitigation and other environmental requirements through 
     office and field inspections. With the additional resources 
     provided, applications for permits to drill should be 
     processed with all due speed.
       Operations, Safety, and Regulation.--The bill provides 
     $132,139,000 for operations, safety, and regulation.
       Inspection Fees.--The bill includes in Title IV a general 
     provision that provides for the collection of $62,000,000 in 
     inspection fees.
       Bill Language.--The bill includes new language requiring 
     that at least fifty percent of collected inspection fees are 
     dedicated to mission related costs including the review of 
     applications for permits to drill.
       The report requested in House Report 112-151 on Deepwater 
     Horizon recommendations is no longer required.


                           OIL SPILL RESEARCH

       The bill provides $14,923,000 for Oil Spill Research.

          OFFICE OF SURFACE MINING RECLAMATION AND ENFORCEMENT


                       REGULATION AND TECHNOLOGY

       The bill provides $122,950,000 for Regulation and 
     Technology. Within this amount, the bill funds regulatory 
     grants at $68,700,000, equal to the fiscal year 2011 enacted 
     level. The conferees find the proposal to reduce regulatory 
     grants would undermine the State-based regulatory system. It 
     is imperative that States continue to operate protective 
     regulatory programs as delegation of authority to the States 
     is the cornerstone of the surface mining regulatory program. 
     Further, the conference agreement does not provide funds to 
     expand and enhance Federal oversight activities of State 
     programs.
       On October 26, 2011 the Secretary of the Interior issued an 
     order to consolidate the Office of Surface Mining (OSM) 
     within the Bureau of Land Management (BLM). The conferees are 
     deeply concerned about the lack of coordination and 
     consultation prior to the issuance of this order. 
     Subsequently, the Department of the Interior initiated 
     discussions with employees, Members of Congress, and 
     stakeholders. Significant issues have been identified with 
     this proposed reorganization, including questions of the 
     wisdom of attempting to combine statutorily created agencies 
     that have responsibilities in law that cannot be combined 
     with or transferred to another agency. The conferees are 
     aware that on November 28, 2011, the Secretary suspended the 
     effective date of his directive in order to gather further 
     information on this potential restructuring. The conferees 
     expect the Department to enhance its consultation and 
     coordination with employees, Members of Congress and 
     stakeholders on this matter and to consult with the 
     appropriate committees of jurisdiction before any final 
     decisions are made.

                    ABANDONED MINE RECLAMATION FUND

       The bill provides $27,443,000 for the Abandoned Mine 
     Reclamation Fund.

        BUREAU OF INDIAN AFFAIRS AND BUREAU OF INDIAN EDUCATION

                      Operation of Indian Programs


                     (INCLUDING TRANSFER OF FUNDS)

       The bill provides $2,371,532,000 for the Operation of 
     Indian Programs. The detailed allocation of funding by 
     program area and activity is included in the table at the end 
     of the statement. Specific changes to the request and 
     direction are the following:
       Tribal Government.--The bill provides $520,163,000 for 
     Tribal Government. Contract Support Costs are funded at the 
     fiscal year 2011 enacted level of $219,560,000. Small and 
     Needy Tribes are funded at $1,950,000.
       Human Services.--The bill provides $136,579,000 for Human 
     Services. Social Services are funded at $34,379,000.
       Trust--Natural Resources Management.--The bill provides 
     $157,496,000 for Trust--Natural Resources Management. Rights 
     Protection Implementation is funded at $29,022,000, and

[[Page 20883]]

     the Tribal Management/Development Program is funded at 
     $7,717,000; increases to the fiscal year 2011 enacted level 
     should be distributed proportionally across all program 
     elements within these two subactivities. Forestry is funded 
     at $43,644,000. Water Resources is funded at $10,150,000. 
     Fish, Wildlife, and Parks is funded at $11,340,000.
       Trust--Real Estate Services.--The bill provides 
     $126,963,000 for Trust--Real Estate Services. Trust 
     Services--General is funded at $11,000,000. The increase 
     above the request is for continued implementation of the 
     Klamath Basin Restoration Agreement.
       Education.--The bill provides $796,753,000 for Education. 
     Elementary and Secondary Programs (Forward Funded) are funded 
     at $523,083,000, of which $391,333,000 is for ISEP Formula 
     Funds; $5,286,000 is for ISEP Program Adjustments; 
     $12,051,000 is for Education Program Enhancements; 
     $52,716,000 is for Student Transportation; $15,370,000 is for 
     Early Childhood Development; and $46,327,000 is for 
     Administrative Cost Grants. Post-Secondary Programs (Forward 
     Funded) are funded at $67,401,000. Post-Secondary Programs 
     are funded at $61,533,000, of which $18,527,000 is for 
     Haskell and SIPI--an increase of $1,153,000 over the request 
     that is to be divided proportionally between the two schools.
       Public Safety and Justice.--The bill provides $346,778,000 
     for Public Safety and Justice, an increase of $12,688,000 
     above the fiscal year 2011 enacted level. Law Enforcement is 
     funded at $322,460,000, of which $185,315,000 is for Criminal 
     Investigations and Police Services; and $81,941,000 is for 
     Detention/Corrections. The requested increase for 
     Conservation Law Enforcement is not agreed to.
       Indian Employment, Training and Related Services.--The bill 
     does not include section 430 of the House bill pertaining to 
     Indian employment, training, and related services pursuant to 
     Public Law 102-477. This provision was intended to block the 
     Administration from continuing with new, unauthorized and 
     retroactive policies which run counter to how ``477'' funds 
     have been transferred to tribal governments and how funds 
     have been audited since the program's inception 19 years ago. 
     The conferees have dropped this provision in order to give 
     the Administration time to honor its recent commitments to 
     suspend new policies while working with Tribes to find 
     alternative solutions.
       The conferees understand that recent Administration 
     commitments to the Tribes and the Congress include but are 
     not limited to the following: that it has engaged the Tribes 
     in a new consultative process to address agency and tribal 
     concerns; that it has halted any effort to alter the manner 
     and conditions under which ``477'' funds have historically 
     been transferred to Tribes; that it has indefinitely 
     suspended its 2009 supplemental audit requirements for any 
     ``477'' program audits, covering fiscal years 2009 through 
     2012, that were not completed on or before September 30, 
     2011; and that annual ``477'' program audits will continue to 
     comply with the Single Audit Act of 1984.
       The conferees expect the Administration to consult with 
     Tribes on a government-to-government basis, and to only 
     proceed with improvements that reflect general consensus 
     among the impacted Tribes and agencies. The P.L. 102-477 
     Tribal Work Group shall be consulted on the precise content 
     of all guidance documents and similar issuances prior to 
     their finalization. The House and Senate Appropriations 
     Committees will be closely monitoring the progress of the 
     consultation process, and will expect regular updates from 
     the Administration. If issues concerning the transfer and 
     audit of ``477'' funds are not permanently resolved 
     administratively, the Committees intend to address this issue 
     in the fiscal year 2013 process.
       Other Matters.--The conferees are aware of a lack of local 
     support for two recent off-reservation gaming projects in 
     Yuba, California, and Madera, California, which received 
     Secretarial Determinations on September 1, 2010. The 
     evidentiary record provided by the Bureau of Indian Affairs 
     indicates that only two of the 33 elected officials or bodies 
     that were consulted on these projects expressed support for 
     them. The conferees are also concerned that in one case, the 
     Department appears to have largely ignored a popular vote 
     which indicated a majority of the county was opposed to the 
     construction of a casino on the site which was approved by 
     the Department. Therefore, the conferees direct the Secretary 
     to review these applications to verify the claim of ``strong 
     local support'' and report those findings to the Committees 
     within 60 days of enactment of this Act.

                              CONSTRUCTION


                     (INCLUDING TRANSFER OF FUNDS)

       The bill provides $123,828,000 for Construction. The 
     detailed allocation of funding by program area and activity 
     is included in the table at the end of the statement. 
     Specific changes to the request are the following:
       Education.--The bill provides $70,940,000 for Education. 
     Replacement Schools are funded at $17,836,000, which funds 
     the next school on the 2004 priority list. Facilities 
     Improvement and Repair is funded at $48,669,000.

 INDIAN LAND AND WATER CLAIM SETTLEMENTS AND MISCELLANEOUS PAYMENTS TO 
                                INDIANS

       The bill provides $32,855,000 for Indian Land and Water 
     Claim Settlements and Miscellaneous Payments to Indians, as 
     requested. The detailed allocation of funding by subactivity 
     and program element is included in the table at the end of 
     the statement.

                 INDIAN GUARANTEED LOAN PROGRAM ACCOUNT

       The bill provides $7,114,000 for the Indian Guaranteed Loan 
     Program Account, an increase of $4,000,000 above the request. 
     The conferees are aware that there is strong interest among 
     tribally owned construction contractors to have the Bureau of 
     Indian Affairs offer supplemental surety bond guarantees in 
     an effort to increase economic opportunity in Indian county, 
     particularly in the construction trades. In an effort to 
     begin to respond to this interest, the conferees request that 
     the Bureau present a plan within 90 days of enactment of this 
     Act detailing the need for such supplemental surety bond 
     guarantees, how the Bureau would implement such a program, 
     whether or not the Bureau currently has the personnel to 
     implement such authorities, and an analysis of how much 
     additional activity would be generated through the offering 
     of supplemental surety bond guarantees.

                          DEPARTMENTAL OFFICES

                        Office of the Secretary


                        Departmental Operations

       The bill provides $262,317,000 for Departmental Offices, 
     Office of the Secretary, Departmental operations.
       The bill includes the proposed restructuring of 
     Departmental Offices, reflecting the incorporation of the 
     Office of Natural Resources Revenue (ONRR) and alignment of 
     the budget with the Department's organization. The increase 
     over the fiscal year 2011 enacted level reflects the move of 
     the ONRR from the former Minerals Management Service. The 
     conferees direct the Department to continue providing the 
     Committees with the level of budget detail that has 
     historically been provided (at the office level). Further, 
     the Department is directed to provide to the Committees 
     within 120 days of enactment of this Act a report on the 
     organization, funding, staffing, and status of reforms with 
     the ONRR.
       The conferees direct the Department to work collaboratively 
     with interested parties, including the Congress, States, 
     local communities, Tribal governments and others in making 
     national monument designations.

                            INSULAR AFFAIRS


                       ASSISTANCE TO TERRITORIES

       The bill provides $87,997,000 for Assistance to 
     Territories. Within that amount, the bill provides the 
     requested increase for staffing, which shall be used by the 
     Department to fill positions at current Office of Insular 
     Affairs locations rather than at a new location as proposed 
     in the request. At least one of the positions shall be 
     dedicated to working on Compact impact issues as detailed 
     below. Within the resources provided, the conferees urge the 
     Secretary to fill the current staffing vacancy in the 
     Federated States of Micronesia.
       The bill includes $3,000,000 for insular community 
     infrastructure improvements including $791,000 for water 
     infrastructure projects and $2,209,000 for the Empowering 
     Insular Communities initiative. That amount includes the 
     proposed funding levels for Guam infrastructure and 
     $1,089,000 for sustainable energy strategies projects that 
     will reduce the islands' over-dependence on imported oil and 
     high electricity prices. Projects shall be chosen based on 
     plans specific to each jurisdiction and which are developed 
     and approved in conjunction with the Department of Energy and 
     island stakeholders, with priority given to energy efficiency 
     projects that result in immediate energy savings. The 
     Department is directed to report annually to Congress on the 
     status of activities funded under this program, including 
     data on oil savings and utility rates.
       The bill also provides $5,000,000 to fund discretionary 
     grants to jurisdictions that are affected by Compact 
     migration, as authorized by section 104(e) of Public Law 108-
     188. The Department shall allocate these grants in 
     conjunction with other currently authorized mandatory grants 
     to help offset educational costs incurred by these 
     jurisdictions. The Department is directed to follow the 
     guidance detailed in Senate Report 112-74 related to the 
     Compact of Free Association agreements with the governments 
     of the Federated States of Micronesia [FSM], the Republic of 
     the Marshall Islands [RMI], and the Republic of Palau. The 
     Department shall also meet regularly with officials from the 
     Freely Associated States, other Federal agencies and affected 
     jurisdictions, and develop and implement a comprehensive plan 
     to mitigate the costs of Compact migration within 90 days of 
     enactment of this Act. This plan shall establish specific 
     goals and action items that include: (1) expanding the 
     education of migrants and potential migrants in order to 
     reinforce that the primary purpose of the Compact migration 
     benefit is to provide educational and employment 
     opportunities to FAS citizens, not for migrants to develop an 
     over-reliance on public services; (2) improving FAS capacity 
     to provide dialysis and other medical services to prevent 
     citizens from needing to seek treatment abroad; and (3) 
     improving screening procedures to

[[Page 20884]]

     identify and restrict migration of individuals who have 
     communicable diseases or who have been convicted of serious 
     crimes. The Department is directed to monitor the progress of 
     meeting these goals and action items and report to Congress 
     every 6 months. The Department is also directed to ensure 
     that the new position dedicated to Compact impact issues will 
     work closely with officials of Compact nations, other Federal 
     areas and affected areas to implement Compact impact 
     priorities identified in the plan detailed above.
       The conferees urge the Department to continue funding for 
     the Commonwealth of the Northern Marianas Islands Initiative 
     on Labor, Immigration and Law Enforcement at no less than the 
     enacted level.

                      COMPACT OF FREE ASSOCIATION

       The bill provides $17,318,000 which includes $3,318,000 for 
     obligations related to the Compact of Free Association. The 
     conferees have also included language in the Title I general 
     provisions section to extend the eligibility for the Republic 
     of Palau to receive Federal aid while a new Compact of Free 
     Association is enacted by Congress. The amount provided is 
     equal to the fiscal year 2011 appropriation.

                       ADMINISTRATIVE PROVISIONS


                     (INCLUDING TRANSFER OF FUNDS)

       The bill does not include the requested language that would 
     provide the Secretary with new authority to redistribute 
     capital improvement funds in fiscal year 2012. The conferees 
     are similarly focused on the slow spending rates in the 
     territories and urge all territories to increase expenditure 
     of previously awarded funds. The conferees intend to revisit 
     the issue in fiscal year 2013 if expenditure rates have not 
     substantially increased.

                        OFFICE OF THE SOLICITOR


                         SALARIES AND EXPENSES

       The bill provides $66,296,000 for the Office of the 
     Solicitor, including the requested increase for the 
     Department's ethics office.

                      OFFICE OF INSPECTOR GENERAL


                         SALARIES AND EXPENSES

       The bill provides $49,471,000 for the Office of Inspector 
     General. The detailed allocation of funding by program and 
     activity is included in the table at the end of the 
     statement.

           OFFICE OF THE SPECIAL TRUSTEE FOR AMERICAN INDIANS

                         Federal Trust Programs


                     (INCLUDING TRANSFER OF FUNDS)

       The bill provides $152,319,000 for the Office of the 
     Special Trustee for American Indians, as requested.
       Bill Language.--The bill includes language, as in previous 
     years, limiting the amount of funding that can be used for 
     historical accounting.

                        DEPARTMENT-WIDE PROGRAMS

                        Wildland Fire Management


             (INCLUDING TRANSFERS AND RESCISSION OF FUNDS)

       The bill provides $566,495,000 for Department of the 
     Interior Wildland Fire Management. The Department is directed 
     to use $189,577,000 in carryover emergency fire suppression 
     funds before obligating fiscal year 2012 suppression funds. 
     The bill includes a rescission of $82,000,000 in suppression 
     carry-over funds. The amount provided, combined with 
     $92,000,000 in the FLAME Wildfire Suppression Reserve Fund, 
     fully funds the Department's 10-year average expenditure for 
     fire suppression. The bill also terminates the Rural Fire 
     Assistance program. The detailed allocation of funding for 
     these accounts is included in the table at the end of this 
     statement. The conferees also provide the following 
     directions:
       The Department is directed to complete an assessment of all 
     Department Wildland Fire programs to determine the most cost 
     effective and efficient means of providing comprehensive fire 
     management services in support of Department and bureau 
     missions and to better direct scarce resources from 
     duplicative administrative management organizations. As 
     provided in the House Report, the Department is directed to 
     report to the Committees on Appropriations no later than 180 
     days after enactment of this Act.
       The Department is directed to remove the requirement that 
     ninety percent of hazardous fuels funding be spent in the 
     Wildland Urban Interface and instead the conferees direct 
     hazardous fuels funding be spent on the highest priority 
     projects in the highest priority areas. The Department must 
     also work more closely with the Forest Service in developing 
     a strategy for the replacement of the current air tanker 
     fleet.
       To reduce the cost of fighting fires in Alaska caused by 
     transporting crews from the continental United States, the 
     Office of Wildland Fire Coordination and the Bureau of Land 
     Management are strongly encouraged to develop a program to 
     train crews in Alaska, particularly the existing native crews 
     that might not now be qualified as type I or type II wildland 
     firefighting crews.

                FLAME WILDFIRE SUPPRESSION RESERVE FUND


                     (INCLUDING TRANSFER OF FUNDS)

       The bill provides $92,000,000 for the FLAME Wildfire 
     Suppression Reserve Fund.

                    CENTRAL HAZARDOUS MATERIALS FUND

       The bill provides $10,149,000 for the Central Hazardous 
     Materials Fund.

           NATURAL RESOURCE DAMAGE ASSESSMENT AND RESTORATION


                NATURAL RESOURCE DAMAGE ASSESSMENT FUND

       The bill provides $6,263,000 for the Natural Resource 
     Damage Assessment Fund. The detailed allocation of funding by 
     activity is included in the table at the end of this 
     statement. The conferees are aware that the program is 
     conducting an internal review of the status of restoration 
     funds and options for enhanced implementation of restoration 
     projects. The conferees direct the program to report back to 
     the Committees upon completion of this review.

                          WORKING CAPITAL FUND

       The bill provides $62,019,000 for the Department of the 
     Interior, Working Capital Fund. The conferees have included 
     $52,019,000 for the Financial and Business Management System 
     (FBMS). The bill also provides $5,000,000 as requested to 
     support the Department's ongoing IT transformation. Further, 
     the bill provides $2,500,000 for the Department's effort to 
     identify operating efficiencies and achieve savings across 
     bureaus through consolidation of services, facilities, and 
     infrastructure. Lastly, the bill provides $2,500,000 for 
     training, recruitment, retention, and hiring of the 
     acquisition workforce.

             GENERAL PROVISIONS, DEPARTMENT OF THE INTERIOR


                     (INCLUDING TRANSFERS OF FUNDS)

       The conferees have included various legislative provisions 
     affecting the Department in Title I of the bill, ``General 
     Provisions, Department of the Interior''. Several of these 
     provisions have been carried in previous years and others are 
     newly proposed this year. The provisions are:
       Section 101 provides Secretarial authority for the intra-
     bureau transfer of program funds for expenditures in cases of 
     emergencies when all other emergency funds are exhausted.
       Section 102 provides for the Department-wide expenditure or 
     transfer of funds by the Secretary in the event of actual or 
     potential emergencies including forest fires, range fires, 
     earthquakes, floods, volcanic eruptions, storms, oil spills, 
     grasshopper and Mormon cricket outbreaks, and surface mine 
     reclamation emergencies.
       Section 103 provides for the use of appropriated funds by 
     the Secretary for contracts, rental cars and aircraft, 
     telephone expenses, and other certain services.
       Section 104 provides for the transfer of funds from the 
     Bureau of Indian Affairs or the Office of Special Trustee for 
     American Indians.
       Section 105 permits the redistribution of tribal priority 
     allocation and tribal base funds to alleviate funding 
     inequities.
       Section 106 permits the Secretary to pay private attorney 
     fees for employees and former employees in connection with 
     Cobell v. Salazar.
       Section 107 provides authority to the National Park Service 
     to implement modifications to restoration efforts of the 
     Everglades ecosystem.
       Section 108 authorizes the acquisition of lands for the 
     purpose of operating and maintaining facilities that support 
     visitors to Ellis, Governors, and Liberty Islands.
       Section 109 establishes Outer Continental Shelf inspection 
     fees to be collected by the Secretary of the Interior.
       Section 110 authorizes the Bureau of Land Management to 
     establish an oil and gas Internet leasing program.
       Section 111 extends the authority of the Department to hire 
     Indian probate judges.
       Section 112 authorizes the Secretary of the Interior to 
     implement the reorganization of the Bureau of Ocean Energy 
     Management, Regulation and Enforcement in conformance with 
     Committee reprogramming guidelines.
       Section 113 allows the Bureau of Indian Education to 
     utilize funds recovered from grants or ISDA contracts to 
     Tribes upon re-assumption of school operations by the Bureau.
       Section 114 provides the Secretary of the Interior with 
     authority to enter into multi-year cooperative agreements 
     with non-profit organizations for long-term care of wild 
     horses and burros.
       Section 115 provides the Secretary of the Interior 
     statutory authority to enter into rental or lease agreements 
     that benefit Bureau of Indian Education operated schools.
       Section 116 extends for one year existing authority of the 
     Department of the Interior to efficiently manage construction 
     and land acquisition projects.
       Section 117 addresses the U.S. Fish and Wildlife Service's 
     responsibilities for mass marking of salmonid stocks.
       Section 118 directs the Secretary of the Interior to make 
     certain certifications with respect to existing rights of 
     way. The section also retains a provision limiting funding 
     for a proposal to approve specified rights-of-way on the 
     Mojave National Preserve or lands managed by the Needles 
     Field Office of the Bureau of Land Management.
       Section 119 address a matter of jurisdiction between the 
     National Park Service and the Coast Guard relating to boater 
     safety checks

[[Page 20885]]

     on the Yukon River within the Yukon-Charley National 
     Preserve.
       Section 120 extends authorization for certain payments to 
     the Republic of Palau for fiscal year 2012.
       Section 121 provides the Secretary of the Interior certain 
     hiring authorities.
       Section 122 addresses BLM actions regarding grazing on 
     public lands.
       Section 123 provides for the trailing of livestock across 
     public lands through fiscal year 2013.
       Section 124 allows the Department of the Interior to lease 
     certain lands within Fort Pulaski National Monument.
       Section 125 continues a provision prohibiting funds to 
     implement, administer, or enforce Secretarial Order 3310 
     issued by the Secretary of the Interior on December 22, 2010.

                                TITLE II

                    Environmental Protection Agency

       Budget Restructuring.--The conferees note that the Agency 
     has proposed major changes to its budget structure in order 
     to better align program goals and outcomes. The conferees 
     have accepted the proposed budget restructuring, as reflected 
     in the program levels below.
       Congressional Budget Justification.--In addition to the 
     three directives provided in the fiscal year 2010 House 
     report 111-80, the conferees direct the Agency to include in 
     future Justifications: a comprehensive, detailed explanation 
     of all changes within a program project; a table showing 
     consolidations, realignments or other transfers of resources 
     and personnel from one program project to another such that 
     the outgoing and receiving program projects offset and 
     clearly illustrate a transfer of resources; and, a table 
     listing the budgets and FTE by major office within each 
     National Program Management area with pay/non-pay breakouts. 
     The conferees note that the Congressional Justification 
     includes the bill language for each account. The conferees 
     direct the Agency to highlight and explain any changes to the 
     proposed bill language in the Congressional Justification.
       Reprogramming.--The Agency is held to the reprogramming 
     limitation of $1,000,000 and should continue to follow the 
     reprogramming directives as provided in the fiscal year 2010 
     House report 111-80. Further, the Agency may not use any 
     amount of deobligated funds to initiate a new program, 
     office, or initiative, without the prior approval of the 
     Committees. The conferees note that the Agency's 
     reprogramming procedures allow the Agency to seek funding to 
     implement its highest-priority items if it identifies 
     offsetting funding reductions during the fiscal year, 
     provided those offsets are not taken from program increases 
     that have specifically been provided herein.
       Within 30 days of enactment of this Act, the Agency is 
     directed to submit to the House and Senate Committees on 
     Appropriations its annual operating plan for FY 2012, which 
     shall include detail on how the Agency plans to allocate 
     funds at the program project level.

                         SCIENCE AND TECHNOLOGY

       The bill provides $795,000,000 for Science and Technology 
     programs and transfers $23,016,000 from the Hazardous 
     Substance Superfund account to this account. The bill 
     provides the following specific funding levels and direction:
       Clean Air and Climate.--The bill provides $124,576,000 
     which includes a $1,000,000 increase for the fuel standards 
     program.
       Operations and Administration.--The bill provides 
     $72,137,000 for Operations and Administration.
       Research: Air, Climate, and Energy.--The bill provides 
     $99,000,000. Within the amount provided, the bill includes 
     $78,649,000 for Research: Clear Air, $18,305,000 for 
     Research: Global Change and, $2,047,000 for Research: Air, 
     Climate, and Energy (Other). The bill does not provide the 
     requested $3,000,000 increase for air toxics monitors.
       Research: Chemical Safety and Sustainability.--The bill 
     provides $131,498,000 for Research: Chemical Safety and 
     Sustainability. No new funds have been provided for the 
     requested green chemistry or e-waste initiatives.
       Research: National Priorities.--The bill provides 
     $5,000,000 which shall be used for extramural research grants 
     to fund high-priority water quality and availability research 
     by not-for-profit organizations who often partner with the 
     Agency. Funds shall be awarded competitively with priority 
     given to partners proposing research of national scope and 
     who provide a 10 percent match, which may include in-kind 
     contributions. The Agency is directed to allocate funds to 
     grantees within 180 days of enactment of this Act.
       Research: Safe and Sustainable Water Resources.--The bill 
     provides $113,654,000. Within the amount provided, the 
     hydraulic fracturing study is funded at the requested amount, 
     and $8,500,000 is provided for green infrastructure research.
       Research: Sustainable and Healthy Communities.--The bill 
     provides $171,026,000, as requested. The conferees note that 
     $2,000,000 has been provided within this amount as requested 
     to fund a long-term evaluation of the Agency's laboratory 
     network to ensure that the current organization matches the 
     Agency's strategic needs. The conferees continue to support 
     the Agency's space strategy efforts, including those options 
     that could lead to further efficiencies and potential 
     reductions to the Agency's real property footprint. The 
     conferees encourage the Office of Research and Development 
     (ORD) to institute efficiency improvements that will result 
     in long term savings using the amounts provided.
       Additional Guidance.--The conferees include the following 
     additional guidance with respect to funding provided under 
     this account:
       Biocrude Research.--The conferees encourage the Agency to 
     work with its university partners to research the potential 
     for producing biocrude from wastewater treatment plants that 
     allow the production of renewable fuels through traditional 
     petroleum refining techniques.
       Integrated Risk Information System (IRIS).--In lieu of the 
     directives contained in H. Rept. 112-151 regarding the 
     Integrated Risk Information System, the conferees agree to 
     the following:
       (1) Fundamental improvements to the policies and practices 
     of this program are necessary to ensure that IRIS assessments 
     reflect the highest standard of scientific inquiry.
       (2) The Agency shall incorporate, as appropriate, based on 
     chemical-specific datasets and biological effects, the 
     recommendations of Chapter 7 of the National Research 
     Council's Review of the Environmental Protection Agency's 
     Draft IRIS Assessment of Formaldehyde into the IRIS process.
       (3) The Agency shall issue a progress report to House and 
     Senate Committees on Appropriations and relevant 
     Congressional authorizing committees no later than March 1, 
     2012, describing its implementation of the National Research 
     Council's Chapter 7 recommendations for ongoing and new 
     assessments.
       (4) For draft assessments released in fiscal year 2012, the 
     Agency shall include documentation describing how the Chapter 
     7 recommendations of the National Academy of Sciences (NAS) 
     have been implemented or addressed, including an explanation 
     for why certain recommendations were not incorporated.
       (5) The Agency shall contract with NAS to conduct up to 
     three reviews of IRIS assessments that EPA seeks to make 
     final. Reviews shall include an evaluation of whether the 
     recommendations it made in previous reviews, including in 
     Chapter 7 of the National Research Council's Review of the 
     Environmental Protection Agency's Draft IRIS Assessment of 
     Formaldehyde, have been implemented. Reviews are not intended 
     to unduly delay the Agency's risk assessment process. The 
     conferees further direct NAS to complete any reviews 
     authorized by this paragraph by no later than 18 months after 
     the date that EPA and the NAS have agreed to the terms of the 
     review. One of these NAS reviews shall be a study of the 
     cancer and non-cancer hazards from oral exposure to inorganic 
     arsenic. The NAS review of inorganic arsenic shall 
     incorporate the direction provided in House Report 112-151 
     regarding parameters of the study. Additional reviews will be 
     chosen by NAS from a representational sample of IRIS 
     assessments and NAS will notify Congress directly of these 
     choices.
       (6) Further, the conferees strongly believe any current and 
     future IRIS assessments must not only be grounded in sound, 
     objective, and peer-reviewed science and methodologies but 
     should also provide risk managers with realistic values that 
     will result in enhanced protection of human health.

                 ENVIRONMENTAL PROGRAMS AND MANAGEMENT

       The bill provides $2,682,514,000 for Environmental Programs 
     and Management and includes following specific funding levels 
     and direction:
       Brownfields.--The bill provides $23,680,000 and funds the 
     Smart Growth program as requested.
       Clean Air and Climate.--The bill provides $286,568,000. 
     Within this amount the bill provides $99,642,000 for the 
     Climate Protection Program.
       The conferees believe EPA may not rely on broad user fee 
     authority as the basis for charging Energy Star fees and 
     therefore lacks such authority. If EPA wishes to collect user 
     fees to offset the costs of the program, such fees should be 
     tied to increased performance or service-related goals, and 
     the Administration should send a legislative proposal to the 
     committees of jurisdiction for consideration in the same 
     manner as they have requested for the electronic manifest 
     system and pesticide user fees.
       The conferees note that the SmartWay transportation program 
     has successfully established a partnership among government, 
     businesses, and consumers to reduce fuel consumption and 
     improve air quality and supports a robust funding level.
       The bill provides $27,343,000 for Federal Stationary Source 
     Regulations. From within this amount, EPA is directed to 
     spend $5,412,000 on New Source Performance Standards. The 
     conferees note that the Administration delayed the issuance 
     of new Ozone NAAQS as urged by House Report 112-151.
       The bill provides $123,666,000 for Federal Support for Air 
     Quality Management. EPA is directed to spend $3,408,000 of 
     this amount on

[[Page 20886]]

     greenhouse gas permitting of stationary sources. No new funds 
     have been provided for requested compliance monitoring 
     activities.
       Lastly, the bill provides $5,578,000 for Stratospheric 
     Ozone. The conferees direct that $1,000,000 shall be for the 
     Sunwise program. Other than provided herein, the agreement 
     does not include further directives regarding allocation of 
     funds for Clean Air and Climate programs, but instead directs 
     the Agency to submit an allocation of funds at the program 
     project level as part of the operating plan.
       Enforcement.--The bill provides $249,965,000 for 
     enforcement activities, with funding for environmental 
     justice maintained at the fiscal year 2011 enacted level. The 
     agreement does not include further directives regarding 
     allocation of funds but instead directs the Agency to submit 
     an allocation of funds at the program project level as part 
     of the operating plan.
       Environmental Protection: National Priorities.--The bill 
     provides $15,000,000 for a competitive grant program to 
     provide rural and urban communities with technical assistance 
     to improve water quality and provide safe drinking water. EPA 
     shall award grants on a competitive basis and give priority 
     to not-for-profit organizations that: conduct activities that 
     are national in scope; can provide a 10 percent match, 
     including in-kind contributions; and are supported by a 
     majority of small community water systems, currently provide 
     multi-state regional technical assistance, or currently 
     provide assistance to private well owners. The Agency is 
     directed to allocate funds to grantees within 180 days of 
     enactment of this Act.
       Geographic Programs.--The bill provides $410,375,000, as 
     distributed in the table at the end of this division. No 
     funds have been provided for the proposed Mississippi River 
     program or to continue the Community Action for a Renewed 
     Environment program. The bill includes the following 
     direction:
       Great Lakes Restoration Initiative.--The bill provides 
     $300,000,000 and EPA shall follow the direction provided in 
     House Report 112-151 for fiscal year 2012. EPA may distribute 
     the funds provided among the five focus areas but shall not 
     spend less than the fiscal year 2011 enacted level for Toxic 
     Substances and Areas of Concern and for the Invasive Species 
     focus areas. The conferees direct the agency to provide a 
     revised spending plan for the Great Lakes program that 
     includes funding levels for the five focus areas at the same 
     time the Agency submits its operating plan. Once submitted, 
     changes to the funding amounts for the focus areas are 
     subject to a reprogramming threshold of $5,000,000, and the 
     Agency is further directed to report quarterly to the 
     Committees on Appropriations on changes below the threshold.
       Chesapeake Bay.--The conference agreement includes 
     $57,391,000 for the Chesapeake Bay program. Within the amount 
     provided, $8,000,000 is for nutrient and sediment removal 
     grants and $2,000,000 is for small watershed grants. The 
     conferees do not provide additional directives regarding the 
     allocation of funds for this program but instead direct the 
     Agency to report a proposed allocation of the remaining funds 
     as part of its operating plan. EPA is further directed to 
     support the local government study through the small 
     watershed grant program as discussed in House Report 112-151.
       Puget Sound.--The bill provides $30,000,000 to manage and 
     implement Washington State's Puget Sound Action agenda, an 
     approved Comprehensive Conservation and Management Plan 
     (CCMP) under Section 320 of the Clean Water Act. The 
     conferees direct that funding to restore Puget Sound be 
     allocated consistent with the near-term priorities 
     established in the CCMP and the existing Lead Organization 
     and Tribal capacity agreements funded in prior years. EPA is 
     directed to expeditiously obligate funds, in a manner 
     consistent with the authority and responsibilities under 
     Section 320 and the National Estuary Program. Not more than 4 
     percent shall be used for EPA intramural costs to manage the 
     cooperative and interagency agreements to restore and protect 
     Puget Sound.
       Information Exchange.--The bill provides $130,896,000 for 
     the Information Exchange program. From within this amount, 
     $3,285,000 has been provided for the Administrator's 
     Immediate Office. Funding for Children and Other Sensitive 
     Populations and for Environmental Education programs shall be 
     maintained at the enacted level. The agreement does not 
     include further directives regarding allocation of funds or 
     FTE but instead directs the Agency to submit an allocation of 
     funds at the program project level as part of the operating 
     plan.
       International Programs.--The bill provides $17,632,000 for 
     international programs. The agreement does not include 
     further directives regarding allocation of funds but instead 
     directs the Agency to submit an allocation of funds at the 
     program project level as part of the operating plan.
       Legal/Science/Regulatory/Economic Review.--The bill 
     provides $110,946,000 and maintains the enacted level for the 
     SmartGrowth program. The bill provides no more than 
     $15,286,000 for Regulatory/Economic Management and Analysis. 
     The agreement does not include further directives regarding 
     allocation of funds but instead directs the Agency to submit 
     an allocation of funds at the program project level as part 
     of the operating plan.
       Operations and Administration.--The bill provides 
     $487,880,000, including requested funding for rent, security 
     and utilities. The agreement does not include further 
     directives regarding allocation of funds but instead directs 
     the Agency to submit an allocation of funds at the program 
     project level as part of the operating plan.
       Resource Conservation and Recovery Act.--The bill provides 
     $112,643,000 for the RCRA program. The bill does not provide 
     the $2,000,000 request to develop the e-manifest system 
     despite the conferees strong support for the establishment of 
     this system because EPA lacks the legal authority to collect 
     user fees to offset system costs as expressed in the House 
     report.
       Water: Ecosystems.--The bill provides $48,257,000 for 
     Water: Ecosystems. Within this amount the bill provides the 
     requested amount for the National Estuary Program and Section 
     320 grants. The bill provides $21,199,000 for the Wetlands 
     program and eliminates previously reprogrammed funds for work 
     on the Enhanced Coordination Procedures with the Army Corps 
     of Engineers, and the Office of Surface Mining. The conferees 
     have not included bill language addressing the enhanced 
     coordination procedures given the U.S. District Court's 
     recent ruling that set aside the procedures.
       Water: Human Health Protection.--The bill provides 
     $101,256,000 and directs the reduction below the fiscal year 
     2011 enacted level to the drinking water regulatory program. 
     The agreement does not include further directives regarding 
     allocation of funds but instead directs the Agency to submit 
     an allocation of funds at the program project level as part 
     of the operating plan.
       Water Quality Protection.--The bill provides $217,101,000, 
     of which up to $4,738,000 is for the urban waters program. 
     The agreement does not include further directives regarding 
     allocation of funds but instead directs the Agency to submit 
     an allocation of funds at the program project level as part 
     of the operating plan.
       Additional Guidance.--The conferees include the following 
     additional guidance with respect to funding provided under 
     this account:
       Administrator Priorities.--Funding for Administrator 
     priorities shall not exceed the fiscal year 2011 enacted 
     level. The conferees direct the Agency to submit a report 
     within 90 days of enactment that identifies how the fiscal 
     year 2010 and 2011 funding was used, by account, program area 
     and program project and include a description of the 
     activities and any anticipated results. Future congressional 
     justifications should identify funding in each program 
     project that has been set aside for Administrator priorities, 
     and include a justification for the effort and any 
     anticipated results.
       Arsenic Reporting.--Not later than 180 days after the date 
     of enactment of this Act, the Agency is directed to: (1) 
     promptly submit to Congress an overdue report--requested as 
     part of the Consolidated Appropriations Act, 2005 (P.L. 108-
     447)--on the extent to which communities are being affected 
     by the arsenic rule, and proposing compliance alternatives 
     and making recommendations to minimize costs; (2) convene a 
     working group composed of representatives from States, small 
     publicly owned water systems, local public health officials, 
     drinking water consumers and treatment manufacturers to 
     provide input and recommendations on barriers to the use of 
     point-of-use and point-of-entry treatment units, package 
     plants, (including water bottled by the public water system), 
     and modular units, as well as alternative affordability 
     criteria that give extra weight to small, rural, and lower 
     income communities, and (3) based upon input from the working 
     group submit to the Committees a report on actions to make 
     alternative compliance methods (such as point of use, point 
     of entry and package plants) more accessible to water systems 
     and a report on alternative affordability criteria.
       Boiler MACT.--The conferees are encouraged by the outcome 
     of EPA's reconsideration of the Boiler MACT rule and offer no 
     directives regarding Boiler MACT standards. The proposed rule 
     addresses substantive concerns by including additional 
     flexibility with respect to compliance costs, and a biomass 
     exemption.
       Eastern Long Island Sound Supplemental Environmental Impact 
     Study.--The conferees are concerned by the lack of progress 
     at the Agency in completing a Supplemental Environmental 
     Impact Statement for eastern Long Island Sound, which has 
     been slated since 2002 and is necessary to ensure that 
     significant military installations do not lose access to 
     dredged disposal sites. The conferees direct the Agency to 
     submit a report no later than 90 days after enactment of this 
     Act outlining its plan to carry out the Supplemental 
     Environmental Impact Statement for the eastern Long Island 
     Sound, including the possible use of existing appropriated 
     funds to begin the study. The conferees also urge the Agency 
     to work collaboratively with appropriate stakeholders, 
     including the Army Corps of Engineers and State partners, to 
     expeditiously determine a dredging solution for eastern Long 
     Island Sound.
       Economic Analysis of Reciprocating Engine Rule.--The 
     conferees are aware that EPA has

[[Page 20887]]

     initiated a reconsideration process which the conferees 
     expect will address the concerns expressed in House Report 
     112-151. Amendments to the reciprocating engine rule are 
     expected in early 2012. The conferees fully expect that EPA 
     will include an analysis of the economic impacts of the rule 
     on small government jurisdictions per the direction in the 
     House report. Therefore the bill does not provide a directive 
     to initiate a separate analysis of the economic impacts of 
     the rule on small government jurisdictions within 60 days of 
     enactment of this Act.
       Personnel and Full Time Equivalents.--While the statement 
     does not cap FTE levels for EPA, the conferees do not expect 
     EPA's actual utilization levels will exceed the 2010 
     utilization levels given that EPA's 2012 budget has been 
     reduced. The conferees remain concerned about the growing 
     disparity between regional and headquarters personnel as well 
     as how EPA develops its personnel requests in its annual 
     budget proposal.
       Recycling Programs.--The conferees direct that the Agency 
     submit the report requested in House Report 112-151 within 90 
     days of enactment of this Act.
       Refrigerant Gas Containers.--Within 90 days of enactment of 
     this Act, the conferees direct the agency to initiate a study 
     on the environmental impacts of using disposable containers 
     to transport and store refrigerant gasses, compared to 
     refillable containers, and to submit the study to the House 
     and Senate Committees on Appropriations upon completion.
       Regional Haze.--States have raised legitimate concerns 
     about the costs and compliance deadlines within EPA federal 
     implementation plans to address regional haze issues. The 
     Clean Air Act offers substantial flexibility with regard to 
     how States may choose to mitigate regional haze impacts. The 
     conferees are aware that EPA released a court-ordered 
     schedule for finalizing Regional haze rules in November 2011. 
     Therefore, the agreement does not include the specific 
     directives contained in House Report 112-151 but instead 
     directs EPA to work with the States as partners in order to 
     resolve compliance and cost differences while adhering to the 
     schedule.
       Southern New England Estuaries.--The conferees recommend 
     that the Agency convene and lead a comprehensive regional 
     policy coordination and outreach effort to protect, enhance, 
     and restore the coastal watersheds of southern New England. 
     No entity or consortium exists to meet these challenges, and 
     there is an urgent and immediate need for such an effort. For 
     example, in Rhode Island's Narragansett Bay, there are 
     documented extensive areas of pollution severely degrading 
     fish and wildlife habitat and water quality; problems that 
     are compounded by the effects of warmer water temperatures 
     and milder winters. The conferees recommend that EPA 
     establish goals for the regional effort, emphasizing water 
     quality and habitat restoration as well as the development 
     and implementation of innovative technologies to meet these 
     challenges and create jobs. The effort should provide for 
     streamlined interagency communication, and involve an 
     inclusive stakeholder process. Specifically, EPA should 
     collaborate with State agencies as well as other Federal 
     partners such as the National Oceanic and Atmospheric 
     Administration, the U.S. Fish and Wildlife Service, U.S. 
     Geological Survey, Natural Resources Conservation Service, 
     and the Small Business Administration. The Agency should also 
     include stakeholders from local governments and agencies, 
     non-governmental organizations, and academic institutions. 
     The conferees also recommend that the Agency, through this 
     regional effort, facilitate the development of strategies to 
     restore and protect the southern New England Estuaries.

                      OFFICE OF INSPECTOR GENERAL

       The bill provides $42,000,000 for the Office of Inspector 
     General. The conferees appreciate the value of a robust 
     Inspector General and expect the same level of effort as in 
     fiscal year 2011 within the funding provided. The funding 
     level reflects the high unobligated balances that remain in 
     this account and the Inspector General should utilize 
     previously appropriated funds first in fiscal year 2012.

                        BUILDINGS AND FACILITIES

       The bill provides $36,428,000 for Buildings and Facilities, 
     equal to the fiscal year 2011 enacted level.

                     HAZARDOUS SUBSTANCE SUPERFUND


                     (INCLUDING TRANSFERS OF FUNDS)

       The bill provides $1,215,753,000 for the Hazardous 
     Substance Superfund account, and includes bill language to 
     transfer $9,955,000 to the Inspector General account and 
     $23,016,000 to the Science and Technology account. Due to 
     budget constraints, the conferees have reluctantly proposed 
     general program reductions to the Superfund emergency 
     response and removal and remedial programs, as detailed 
     below.
       The bill provides the following additional direction:
       Enforcement.--The bill provides $187,033,000 for Superfund 
     Enforcement.
       Operations and Administration.--The bill provides 
     $135,969,000 for Superfund Operations and Administration. The 
     agreement does not include further directives regarding 
     allocation of funds but instead directs the Agency to submit 
     an allocation of funds at the program project level as part 
     of the operating plan.
       Superfund Cleanup.--The bill provides $789,180,000 for 
     Superfund Cleanup, of which $189,895,000 is for Superfund: 
     Emergency Response and Removal and $565,922,000 is for 
     Superfund: Remedial. The conferees expect that future budget 
     requests will propose a higher percentage of cleanup funding 
     as part of the total request in addition to proposing funding 
     sufficient to meet program goals, such as increasing the 
     number of annual ``construction completes'' and more 
     importantly ``sites made ready for reuse''. The conferees 
     direct the Inspector General to report to the Committees on 
     Appropriations within 90 days of enactment of this Act on 
     current agency efforts to strengthen Superfund contracting 
     controls to prevent future waste, fraud and abuse.
       Financial Assurance.--In lieu of the directives contained 
     in H. Rept. 112-151 regarding financial assurance 
     requirements, the conferees direct the Administrator to 
     collect and analyze information from the commercial insurance 
     and financial industries regarding the use and availability 
     of necessary instruments (including surety bonds, letters of 
     credit, and insurance) for meeting any new financial 
     responsibility requirements and to make that analysis 
     available to the House and Senate Committees on 
     Appropriations and to the general public on the Agency 
     website 90 days prior to proposing any rule pursuant to 
     section 108(b) of the Comprehensive Environmental Response, 
     Compensation, and Liability Act of 1980 (42 U.S.C. 9608(b)).
       Special Accounts.--The conferees direct EPA to follow the 
     language in House Report 112-151 with respect to managing the 
     unobligated balances in the Superfund special accounts.

          LEAKING UNDERGROUND STORAGE TANK TRUST FUND PROGRAM

       The bill provides $104,309,000 for the Leaking Underground 
     Storage Tank Trust Fund Program.

                       INLAND OIL SPILL PROGRAMS

       The bill provides $18,274,000 for Inland Oil Spill 
     Programs.

                   STATE AND TRIBAL ASSISTANCE GRANTS

       The bill provides $3,618,727,000 for the State and Tribal 
     Assistance Grants (STAG) program and includes the following 
     specific funding levels and direction:
       Infrastructure Assistance.--The bill provides 
     $2,528,169,000 for infrastructure assistance, including 
     $1,468,806,000 for the Clean Water State Revolving Fund and 
     $919,363,000 for the Drinking Water State Revolving Fund. The 
     amount provided for the Clean Water State Revolving Fund 
     program will fund approximately 473 new wastewater projects 
     nationwide and more than 81,000 jobs when combined with state 
     matching funds and leverage capabilities, according to Agency 
     estimates. Amounts provided for the Drinking Water State 
     Revolving Funds program will fund approximately 353 new 
     drinking water projects nationwide and more than 50,000 jobs 
     when combined with state matching and leveraged funds.
       The conferees do not direct EPA to submit a report on water 
     rates requested in the House report. However, the conferees 
     direct the Agency to report on how EPA and the States have 
     used the additional subsidization authority including 
     information on the number and amounts of loans awarded with 
     additional subsidization, recipient communities, and 
     descriptions of projects funded.
       Alaska Native Villages.--The bill provides $10,000,000 as 
     requested.
       Brownfields.--The bill provides $95,000,000 for the 
     Brownfields program.
       Diesel Emissions Reduction Act (DERA) Grants.--The bill 
     provides $30,000,000 as the conferees do not agree with the 
     proposal to terminate the DERA grants.
       Mexico Border.--The bill provides $5,000,000 for the Mexico 
     border program.
       Categorical Grants.--The bill provides $1,090,558,000 for 
     Categorical Grants and funding levels are specified in the 
     table at the end of this division. This amount includes 
     $164,757,000 for nonpoint source grants as requested. The 
     amount also includes $236,107,000 for the State and Local Air 
     Quality Management grant program, and the conferees direct 
     EPA to allocate funds for this program using the same formula 
     as fiscal year 2011.
       Bill Language.--The bill includes modified language 
     specifying amounts made available under the state revolving 
     fund programs for additional subsidization, and amounts made 
     available for the green infrastructure reserve in the Clean 
     Water State Revolving Fund program. The bill does not provide 
     the requested mandatory set-aside for green infrastructure 
     projects within the Drinking Water State Revolving Fund 
     program but does include language allowing States to continue 
     to fund these types of projects at their discretion.

       ADMINISTRATIVE PROVISIONS, ENVIRONMENTAL PROTECTION AGENCY


              (INCLUDING TRANSFER AND RESCISSION OF FUNDS)

       The bill rescinds $50,000,000 from specific unobligated 
     balances. Modified bill language

[[Page 20888]]

     has been included to provide specific wage rate requirements 
     for the Clean Water and Drinking Water State Revolving funds.
       Oil Spill Transfer Authority.--The bill includes modified 
     transfer authority language that allows the Agency to meet 
     its obligations to pay contractors responding to inland oil 
     spills. The conferees have included this language for fiscal 
     year 2012 only. The conferees strongly urge EPA, in 
     conjunction with the Office of Management and Budget, to 
     propose a more appropriate legislative fix if the 
     Administration is unable to process routine transfers from 
     the Oil Spill Trust Fund in a timely fashion. The conferees 
     support the approach discussed in the House report to be a 
     more permanent solution.

                      TITLE III--RELATED AGENCIES

                       Department of Agriculture

                             FOREST SERVICE


                     FOREST AND RANGELAND RESEARCH

       The bill provides $295,773,000 for Forest and Rangeland 
     Research. The conferees also provide the following 
     directions:
       The agreement does not specify allocations for individual 
     research facilities. The conferees encourage the Forest 
     Products Laboratory, as part of the Department of 
     Agriculture's effort to promote and use wood products as a 
     green building material, to invest in wood products life 
     cycle assessment research to improve our understanding of the 
     environmental and economic implications of using wood in 
     building construction.
       The Forest Service is commended for its localized needs 
     research and is directed to expand this research in support 
     of project development on national forests. The Forest 
     Service should prioritize research related to White Nose 
     Syndrome as well as inventory and monitoring of bat resources 
     on Forest Service lands. The Service is expected to continue 
     ongoing urban natural resources stewardship research and 
     should produce a joint report with the Department of Energy 
     on the role that this work can play in helping reduce the 
     urban heat island effect, as well as reduce the energy demand 
     to cool buildings.


                       STATE AND PRIVATE FORESTRY

       The bill provides $253,331,000 for State and Private 
     Forestry. The conferees also provide the following 
     directions:
       Within six months of enactment of this Act, the Forest 
     Service is directed to develop a process in consultation with 
     State foresters that considers State Assessments and 
     Strategies in the annual budget for Cooperative Forestry 
     Assistance Act (CFAA) programs, and to develop a process 
     allowing State foresters flexibility, with appropriate 
     accountability, to reallocate a percentage of authorizations 
     for CFAA programs to address State priorities consistent with 
     the State Assessments and Strategies.
       Forest Legacy.--The bill provides $53,388,000 for the 
     Forest Legacy program. This includes $6,628,000 for program 
     administration, $2,500,000 for new State startups, and 
     $44,260,000 for forest legacy projects. The Service should 
     fund projects in priority order according to their 
     competitively selected national priority list for fiscal year 
     2012.


                         NATIONAL FOREST SYSTEM

       The bill provides $1,556,628,000 for the National Forest 
     System. The agreement includes a proof of concept pilot for 
     Integrated Resource Restoration (IRR). The conferees also 
     provide the following directions:
       Land Management Planning.--The bill provides $40,000,000 
     for land management planning. The agreement does not approve 
     the consolidation of this line item with the Inventory and 
     Monitoring line item. The Planning Rule should provide for a 
     cost-effective and timely process for forest plan revisions.
       Inventory and Monitoring.--The bill provides $161,980,000 
     for inventory and monitoring. The Forest Service is 
     encouraged to allocate more funding towards monitoring of 
     grazing allotments and work with State agencies, 
     universities, professional societies and other USDA agencies, 
     such as the Natural Resources Conservation Service, to 
     efficiently and effectively increase allotment monitoring.
       Recreation, Heritage, and Wilderness.--The bill provides 
     $281,627,000 for recreation, heritage and wilderness 
     programs. In place of House direction on the travel 
     management rule, the Forest Service is encouraged to revise 
     travel management plans where significant issues have arisen 
     and resolve the Maintenance Level-3 road problem in Region 5. 
     The agreement does not provide direction on the Wyoming 
     Wilderness Act.
       Grazing Management.--The bill provides $55,445,000 for the 
     grazing management program. The conferees are concerned that 
     the best science should be used in making decisions 
     concerning grazing on the Dakota Prairie Grasslands. 
     Currently, North Dakota State University is conducting 
     research that should benefit the agency in making these 
     determinations. The agency is strongly encouraged to work 
     cooperatively with the university and utilize its research to 
     the extent practicable, to better inform its grazing 
     management decisions.
       Forest Products.--The bill provides $336,049,000 for the 
     forest products program. The Forest Service is directed to 
     improve the health and resilience of national forests and 
     through these efforts, work to achieve three billion board 
     feet of timber sold. The conferees note that over the last 
     ten years, the timber supply in Region 10 has been 
     constrained to less than 10 percent of the allowable sale 
     quantity in the current land management plan. The Forest 
     Service is encouraged to prepare and offer, within three 
     years, the four 10-year timber sales as previously indicated.
       Vegetation and Watershed Management.--The bill provides 
     $184,341,000 for vegetation and watershed management 
     activities. The Service is strongly encouraged to provide 
     sufficient resources for leafy spurge eradication.
       Wildlife and Fish Habitat Management.--The bill provides 
     $140,260,000 for wildlife and fish habitat management 
     activities.
       Collaborative Forest Landscape Restoration.--The bill 
     provides $40,000,000 for the Collaborative Forest Landscape 
     Restoration Fund.
       Minerals and Geology Management.--The bill provides 
     $83,560,000 for minerals and geology management activities.
       The Service should implement the recommendations included 
     in the report, ``Assessing the Potential for Renewable Energy 
     on National Forest System Lands'' and initiate a planning 
     process for a renewable energy development program and, where 
     appropriate, apply guidelines already developed by the Bureau 
     of Land Management.
       Landownership Management.--The bill provides $85,875,000 
     for landownership management activities. In the case of any 
     land exchange involving National Forest System land carried 
     out directly or through a third-party, the Forest Service is 
     directed to provide written notice of the proposed land 
     exchange to each owner of non-Federal land adjoining a parcel 
     of National Forest System land proposed for exchange and each 
     owner of non-Federal land adjoining the non-Federal land 
     proposed to be acquired in the exchange. The Secretary shall 
     determine adjoining landowners using the most recent 
     available tax records.
       Integrated Resource Restoration.--The conferees have agreed 
     to the House proposal to allow the Administration to conduct 
     an Integrated Resource Restoration pilot in Regions 1, 3, and 
     4. Within 90 days of enactment of this Act, the Forest 
     Service should present a plan and guidance to the pilot 
     regions for measuring performance and accountability. The 
     plan and guidance should ensure program transparency, 
     monitoring, fair allocation of funding, a consistent approach 
     across the three regions, and that restoration is the primary 
     goal of any projects funded through the pilot. The plan 
     should also include traditional measures, such as timber 
     targets and acres treated, while also including new measures 
     such as watershed condition framework.


                  CAPITAL IMPROVEMENT AND MAINTENANCE

                     (INCLUDING TRANSFER OF FUNDS)

       The bill provides $394,721,000 for capital improvement and 
     maintenance programs offset by a $12,000,000 scoring credit 
     related to the road and trail fund. The conferees also 
     provide the following directions:
       Facilities.--The bill provides $75,785,000 for facilities 
     including $13,124,000 for construction and $62,661,000 for 
     maintenance. For future year planning, the Forest Service 
     should include both new construction and maintenance in its 
     list of major facilities projects based on its facility 
     master plans and the most efficient use of taxpayer dollars.
       Roads.--The bill provides $182,818,000 for roads including 
     $27,327,000 for construction and $155,491,000 for 
     maintenance.
       Trails.--The bill provides $81,982,000 for trails including 
     $63,422,000 for maintenance and $18,560,000 for construction.
       Legacy Roads.--The bill provides $45,000,000 for the legacy 
     roads and trails program. The agreement retains this program 
     within Capital Improvement and Maintenance. The Forest 
     Service should report on the jobs associated with this 
     program and publicly post this information.
       Back-country airstrips.--In place of the reporting 
     requirements in the House Report for back-country airstrips, 
     within one year after the date of enactment of this Act, the 
     Forest Service is directed to provide the Committees with a 
     general assessment of back-country airstrips on National 
     Forest System lands with recommendations for improving their 
     function as an important component of the forest 
     transportation and recreation system.
       Bill Language.--The bill includes language allowing the 
     transfer of funding from Capital Improvement and Maintenance 
     to the National Forest System for the Integrated Resource 
     Restoration pilot.


                            LAND ACQUISITION

       The bill provides $52,605,000 for Land Acquisition, of 
     which $7,500,000 is for acquisition management; $3,500,000 is 
     for critical inholdings/cash equalization; and $41,605,000 is 
     for acquisitions.
       This amount will fully fund projects 1 through 30 as 
     prioritized by the Service pursuant to the Administration's 
     revised request list provided to the Committees on August 26, 
     2011. Requests for reprogramming will be considered pursuant 
     to the guidelines in the front of this statement.
       The conferees direct the Forest Service to use inholding 
     funding to acquire high priority lands within Federal 
     boundaries that

[[Page 20889]]

     maximize benefits to the public through consolidated Federal 
     ownership that provides access, creates management 
     efficiencies, or protects critical resources.
       The Secretary of Agriculture is directed to submit a report 
     to the Committees on Appropriations within 90 days of 
     enactment of this Act describing current negotiations between 
     the Forest Service and private landowners for projects 
     receiving prior year and current appropriations within the 
     Tongass National Forest, including the overall scope and 
     timing of these acquisitions.


         ACQUISITION OF LANDS FOR NATIONAL FORESTS SPECIAL ACTS

       The bill provides $955,000 for the Acquisition of Lands for 
     National Forests Special Acts.


            ACQUISITION OF LANDS TO COMPLETE LAND EXCHANGES

       The bill provides $227,000 for the Acquisition of Lands to 
     Complete Land Exchanges.


                         RANGE BETTERMENT FUND

       The bill provides $3,262,000 for the Range Betterment Fund.


    GIFTS, DONATIONS AND BEQUESTS FOR FOREST AND RANGELAND RESEARCH

       The bill provides $45,000 for Gifts, Donations and Bequests 
     for Forest and Rangeland Research.


        MANAGEMENT OF NATIONAL FOREST LANDS FOR SUBSISTENCE USES

       The bill provides $2,577,000 for the Management of National 
     Forest Lands for Subsistence Uses.


                        WILDLAND FIRE MANAGEMENT

                     (INCLUDING TRANSFERS OF FUNDS)

       The bill provides $1,737,631,000 for Forest Service 
     Wildland Fire Management. In addition to the funding 
     provided, the Forest Service is directed to use $240,000,000 
     in carryover emergency fire suppression funds before 
     obligating fiscal year 2012 suppression funds. The amount 
     provided, combined with $315,886,000 in the FLAME Wildfire 
     Suppression Reserve Fund, fully funds the Forest Service's 
     10-year average expenditures for fire suppression. The 
     conferees also provide the following directions:
       The Forest Service should complete a plan to replace the 
     aging fleet of federal air tankers as soon as possible. While 
     the Forest Service and others have produced study after study 
     on the critical shortage of firefighting aircraft, there has 
     been a complete lack of substantive progress this year. The 
     Service must work more closely with the Department of the 
     Interior in developing the strategy for replacing the current 
     air tanker fleet.
       Hazardous Fuels.--The bill provides $317,584,000 for 
     hazardous fuels activities. The Forest Service is directed to 
     remove the requirement that seventy-five percent of hazardous 
     fuels funding be spent in the Wildland Urban Interface and 
     instead the conferees direct hazardous fuels funding be spent 
     on the highest priority projects in the highest priority 
     areas.


                FLAME WILDFIRE SUPPRESSION RESERVE FUND

                     (INCLUDING TRANSFERS OF FUNDS)

       The bill provides $315,886,000 for the FLAME Wildfire 
     Suppression Reserve Fund.


   ADMINISTRATIVE PROVISIONS, FOREST SERVICE (INCLUDING TRANSFERS OF 
                                 FUNDS)

       The bill includes administrative provisions similar to 
     previous years.

                DEPARTMENT OF HEALTH AND HUMAN SERVICES

                         INDIAN HEALTH SERVICE

                         Indian Health Services

       The bill provides $3,872,377,000 for Indian Health 
     Services. Of the amount requested for current services, the 
     conferees have included $56,019,000 above the fiscal year 
     2011 enacted level, which covers the cost of staffing new 
     facilities. Program increases above the fiscal year 2011 
     enacted level include $12,000,000 for the Indian Health Care 
     Improvement Fund; $3,400,000 for Health IT Security; 
     $65,000,000 for Contract Health Services; $3,185,000 for 
     Direct Operations; and $74,500,000 for Contract Support 
     Costs. In agreement with the request, a reduction of 
     $7,000,000 has been assumed from savings in grant programs. 
     The conferees direct the Service to meet its annual Contract 
     Support Costs reporting requirement due date, and to provide 
     the Committees with current Contract Support Costs estimates 
     in conjunction with its annual budget submission.
       The Service is directed to update the Committees at least 
     annually on the progress of the Early Childhood Caries 
     initiative and the ability of the Service to meet its goals 
     in the allowed time frame. The conferees note that the 
     Service has already complied with the request contained in 
     the House report to provide a detailed schedule for 
     implementation of the Electronic Dental Record system.
       Within the overall amount identified in the ``Indian Health 
     Services'' account for the staffing of new facilities, funds 
     are directed to the following projects, as requested in the 
     President's budget request: $1,809,000 for the Carl Albert 
     Hospital replacement, Ada, Oklahoma; $783,000 for the Lake 
     County Tribal Health Center, Lakeport, California; $6,294,000 
     for the Elbowoods Health Center, New Town, North Dakota; 
     $21,185,000 for the Cheyenne River Health Center, Eagle 
     Butte, South Dakota; $8,226,000 for the Absentee Shawnee 
     Health Center, Little Axe, Oklahoma; $7,879,000 for the 
     Cherokee Nation Vinita Health Center, Vinita, Oklahoma; and 
     $9,843,000 for joint venture projects. This distribution is 
     in agreement with the budget estimate as it has been revised 
     to reflect distributions made under the fiscal year 2011 
     operating plan, which was not available at the time the 
     Service's request was submitted to Congress.
       The conferees understand that a number of joint venture 
     construction projects are nearing completion and will require 
     support for the staffing of these new facilities. The Service 
     is urged to request sufficient funding in future budgets to 
     fulfill its obligations to participating tribes in the joint 
     venture program.
       Within the Indian Health Professions activity, the 
     conferees have continued support for the Recruitment/
     Retention of American Indians into Nursing program; the 
     Indians into Psychology program; and the Indians into 
     Medicine program.


                        INDIAN HEALTH FACILITIES

       The bill provides $441,052,000 for Indian Health 
     Facilities. Of the amount requested for current services, the 
     conferees have included $7,032,000 above the fiscal year 2011 
     enacted level, which covers the cost of staffing new 
     facilities. Program changes to the fiscal year 2011 enacted 
     level include a decrease of $15,955,000 from Sanitation 
     Facilities Construction, as requested, and an increase of 
     $46,028,000 for Health Care Facilities Construction.
       Within the overall amount identified in the ``Facilities 
     Services'' account for the staffing of new facilities, funds 
     are directed to the following projects, as requested in the 
     President's budget request: $678,000 for the Carl Albert 
     Hospital replacement, Ada, Oklahoma; $305,000 for the Lake 
     County Tribal Health Center, Lakeport, California; $1,021,000 
     for the Elbowoods Health Center, New Town, North Dakota; 
     $3,487,000 for the Cheyenne River Health Center, Eagle Butte, 
     South Dakota; $755,000 for the Absentee Shawnee Health 
     Center, Little Axe, Oklahoma; and $786,000 for the Cherokee 
     Nation Vinita Health Center, Vinita, Oklahoma.
       The amount provided for health care facilities construction 
     includes, as requested in the President's budget request: 
     $62,184,000 to complete the Barrow Hospital, Barrow, Alaska; 
     $10,000,000 for the Kayenta Health Center, Kayenta, Arizona; 
     $10,000,000 for the San Carlos Health Center, San Carlos, 
     Arizona; $2,000,000 for the Southern California Youth 
     Regional Treatment Center, Hemet, California; and $1,000,000 
     to complete a feasibility report on the use of modular 
     construction for health facilities.
       The conferees are concerned about the large unobligated 
     balances in the ``Indian Health Services'' and the ``Indian 
     Health Facilities'' accounts. The conferees direct the 
     Service to review the programs that have carried high 
     unobligated balances in recent years and provide a detailed 
     report to the Committees within 90 days of enactment of this 
     Act on the causes for these unobligated balances and present 
     a plan for reducing them.


                     NATIONAL INSTITUTES OF HEALTH

          NATIONAL INSTITUTE OF ENVIRONMENTAL HEALTH SCIENCES

       The bill provides $79,054,000 for the National Institute of 
     Environmental Health Sciences.


            AGENCY FOR TOXIC SUBSTANCES AND DISEASE REGISTRY

            TOXIC SUBSTANCES AND ENVIRONMENTAL PUBLIC HEALTH

       The bill provides $76,337,000 for the Agency for Toxic 
     Substances and Disease Registry. Within the funds provided, 
     $2,000,000 has been included as requested to continue the 
     important epidemiological studies of health conditions caused 
     by exposures to uranium released from mining and milling 
     operations in the Navajo Nation.

                         OTHER RELATED AGENCIES

                   Executive Office of the President


  COUNCIL ON ENVIRONMENTAL QUALITY AND OFFICE OF ENVIRONMENTAL QUALITY

       The bill provides $3,153,000 for the Council on 
     Environmental Quality and Office of Environmental Quality.

             Chemical Safety and Hazard Investigation Board


                         SALARIES AND EXPENSES

       The bill provides $11,147,000 for the Chemical Safety and 
     Hazard Investigation Board.

              Office of Navajo and Hopi Indian Relocation


                         SALARIES AND EXPENSES

       The bill provides $7,750,000 for the Office of Navajo and 
     Hopi Indian Relocation, Salaries and Expenses.

    Institute of American Indian and Alaska Native Culture and Arts 
                              Development


                        PAYMENT TO THE INSTITUTE

       The bill provides $8,533,000 for the Institute of American 
     Indian and Alaska Native Culture and Arts Development.

                        Smithsonian Institution


                         SALARIES AND EXPENSES

       The bill provides a total of $811,530,000 for all 
     Smithsonian Institution accounts, of

[[Page 20890]]

     which $636,530,000 is provided for salaries and expenses. The 
     conferees encourage collaborative efforts between the 
     Smithsonian Institution and regional and rural museums that 
     facilitate greater access to the Smithsonian's virtual 
     collections such as that of the Museum of Natural History. 
     The conferees support the joint venture between the Library 
     of Congress and the Smithsonian Institution creating a 
     comprehensive compilation of personal histories and 
     testimonials of individuals who participated in the Civil 
     Rights movement. The conferees remain committed to the 
     preservation of priceless, irreplaceable Smithsonian 
     Institution collections and direct the Smithsonian to take 
     steps toward implementing the recommendations of a recently 
     completed audit by the Smithsonian's Office of Inspector 
     General (OIG) on collections stewardship at the National 
     Museum of American History. The conferees also support the 
     decision by the OIG to use the Institution's Strategic Plan 
     as a standard by which to measure the Institution's 
     performance in its proposed audits and reviews. The 
     Smithsonian Institution is directed to work with the 
     Committees to standardize its annual budget submission 
     justifications and supporting materials.


                           FACILITIES CAPITAL

       The bill provides $175,000,000 for the Facilities Capital 
     account of which $75,000,000 is to complete the design and 
     begin the construction of the National Museum of African 
     American History and Culture (NMAAHC). Bill language is 
     included providing that a future procurement for construction 
     of the NMAAHC may include the full scope of the project, but 
     that any contract for such procurement must contain a clause 
     clarifying that any payment under the contract will be 
     subject to the availability of funds. The Smithsonian is 
     directed to devote remaining Facilities Capital funds to the 
     highest and best uses on a priority basis and clearly 
     articulate in future budget submissions specific funding 
     needs in priority order for all Facilities Capital program 
     initiatives.

                        National Gallery of Art


                         SALARIES AND EXPENSES

       The bill provides $114,066,000 for the Salaries and 
     Expenses account of the National Gallery of Art of which not 
     to exceed $3,481,000 is for the special exhibition program.


            REPAIR, RESTORATION, AND RENOVATION OF BUILDINGS

       The bill provides $14,516,000 for the Repair, Restoration, 
     and Renovation of Buildings account. Bill language is 
     included providing the Gallery with the authority to enter 
     into operating lease agreements of no more than 10 years, 
     with no extensions or renewals, in order to address space 
     needs created by ongoing renovations in the Master Facilities 
     Plan.

             John F. Kennedy Center for the Performing Arts


                       OPERATIONS AND MAINTENANCE

       The bill provides $23,200,000 for the Operations and 
     Maintenance account.


                     CAPITAL REPAIR AND RESTORATION

       The bill provides $13,650,000 for the Capital Repair and 
     Restoration account.

            Woodrow Wilson International Center for Scholars


                         SALARIES AND EXPENSES

       The bill provides $11,005,000 for the Woodrow Wilson 
     International Center for Scholars.

             NATIONAL FOUNDATION ON THE ARTS AND HUMANITIES

                    National Endowment for the Arts


                       GRANTS AND ADMINISTRATION

       The bill provides $146,255,000 for the National Endowment 
     for the Arts (NEA). The conferees agree that initiatives 
     begun in prior years, such as the Big Read and Shakespeare in 
     American Communities, are programs of demonstrated worth that 
     reach a broad geographic audience. The Endowment is urged to 
     maintain these grants at an appropriate funding level to 
     allow a vibrant, competitive program to be maintained.
       The conferees understand that the proposal included in the 
     budget request to eliminate the National Heritage Fellowship 
     program and the American Jazz Masters Fellowship program was 
     reconsidered by the Endowment and subsequently withdrawn. The 
     conferees support this decision and expect the Endowment to 
     continue its annual recognition of individuals with 
     outstanding achievements in these disciplines in a similar 
     manner to past years. The conferees disagree with the 
     proposal to exempt funds for the ``Our Town'' initiative from 
     the overall calculation for providing base funding to State 
     arts agencies and direct that funds be distributed based on 
     the longstanding agreement that States receive 40 percent of 
     all appropriated grant funds. Reforms originally instituted 
     by the Committees more than a decade ago relating to program 
     priorities and grant guidelines are fully restated in 
     Sections 418 and 419. These reforms maintain broad bipartisan 
     support and the conferees expect the NEA to adhere to them 
     fully. Further, the conferees encourage the Administration 
     and the appropriate committees of jurisdiction in Congress to 
     address the vacancies on the National Council on the Arts in 
     a timelier manner than has been the case to date.

                 National Endowment for the Humanities


                       GRANTS AND ADMINISTRATION

       The bill provides $146,255,000 for the National Endowment 
     for the Humanities (NEH). The conferees urge the NEH to 
     provide no less than 40 percent of program funds to support 
     the critical work of state humanities councils. The conferees 
     support the Endowment's efforts to encourage a better 
     understanding of our Nation's history and the democratic 
     principles upon which it was founded by supporting grants for 
     the teaching and study of American history. The conferees, 
     therefore, have included $3,000,000 for the longstanding, 
     successful We the People initiative. The NEH is encouraged to 
     include Native American communities in the Bridging Cultures 
     initiative and to work with tribes in the preservation of 
     Native American languages through the Documenting Endangered 
     Languages grant program.

                        Commission of Fine Arts


                         SALARIES AND EXPENSES

       The bill provides $2,400,000 for the Commission of Fine 
     Arts.

               National Capital Arts and Cultural Affairs

       The bill provides $2,000,000 for the National Capital Arts 
     and Cultural Affairs program. Language has been included in 
     the bill amending the program's underlying authorization to 
     ensure that all grantees meet the program's eligibility 
     requirements.

               Advisory Council on Historic Preservation


                         SALARIES AND EXPENSES

       The bill provides $6,108,000 for the Advisory Council on 
     Historic Preservation.

                  National Capital Planning Commission


                         SALARIES AND EXPENSES

       The bill provides $8,154,000 for the National Capital 
     Planning Commission.

                United States Holocaust Memorial Museum


                       HOLOCAUST MEMORIAL MUSEUM

       The bill provides $50,798,000 for the United States 
     Holocaust Memorial Museum. The conferees concur with the 
     Museum's proposal to re-designate its exhibition fund as an 
     outreach initiatives fund to broaden access to historic 
     material, enhance its website, and provide a larger public 
     education component.


                             PRESIDIO TRUST

                          PRESIDIO TRUST FUND

       The bill provides $12,000,000 for the Presidio Trust Fund.

                Dwight D. Eisenhower Memorial Commission


                         SALARIES AND EXPENSES

       The bill provides $2,000,000 for the Salaries and Expenses 
     account.


                          CAPITAL CONSTRUCTION

       The bill provides $30,990,000 for Capital Construction. 
     Bill language has been included authorizing the contracting 
     officer to procure construction services as long as such 
     contracts are contingent upon the availability of funds, and 
     authorizes the Commission to proceed with the construction 
     process despite not having full funding in place.

                      TITLE IV--GENERAL PROVISIONS


                     (INCLUDING TRANSFERS OF FUNDS)

       The conferees have included various legislative provisions 
     in Title IV of the bill. A number of these provisions have 
     been carried in previous years and others are newly proposed 
     this year. The provisions are:
       Section 401 continues a provision providing for public 
     availability of information on consulting service contracts.
       Section 402 continues a provision providing that 
     appropriations available in the bill shall not be used to 
     produce literature or otherwise promote public support of a 
     legislative proposal on which legislative action is not 
     complete.
       Section 403 continues a provision providing for annual 
     appropriations unless expressly provided otherwise in this 
     Act.
       Section 404 continues a provision limiting the use of 
     personal cooks, chauffeurs or servants.
       Section 405 continues a provision providing restrictions on 
     departmental assessments unless approved by the Committees on 
     Appropriations.
       Section 406 continues a provision limiting the actions of 
     the Forest Service and the Bureau of Land Management with 
     regard to the sale of giant sequoia trees to a manner 
     consistent with such sales as were conducted in fiscal year 
     2011.
       Section 407 continues a limitation on accepting and 
     processing applications for patents and on the patenting of 
     Federal lands.
       Section 408 continues a provision regarding the payment of 
     contract support costs.
       Section 409 continues a provision providing that the 
     Secretary of Agriculture shall not be considered in violation 
     of certain provisions of the Forest and Rangeland Renewable 
     Resources Planning Act solely because more than 15 years have 
     passed without revision of a forest plan, provided that the 
     Secretary is working in good faith to complete the plan 
     revision.
       Section 410 continues a provision limiting preleasing, 
     leasing, and related activities

[[Page 20891]]

     within the boundaries of National Monuments.
       Section 411 modifies a provision authorizing the Secretary 
     of the Interior and the Secretary of Agriculture to enter 
     into reciprocal agreements with foreign wildfire suppression 
     organizations.
       Section 412 continues a provision through fiscal year 2013 
     authorizing the Secretary of the Interior and the Secretary 
     of Agriculture to consider local contractors when awarding 
     contracts for certain activities on public lands.
       Section 413 restricts funding appropriated for acquisition 
     of land or interests in land from being used for declarations 
     of taking or complaints in condemnation.
       Section 414 continues a provision making Alaska red cedar 
     timber available to domestic mills.
       Section 415 extends certain authorities through fiscal year 
     2013 allowing the Forest Service and Department of the 
     Interior to renew grazing permits.
       Section 416 continues a provision which prohibits no-bid 
     contracts.
       Section 417 continues a provision which requires public 
     disclosure of certain reports.
       Section 418 continues a provision which delineates the 
     grant guidelines for the National Endowment for the Arts.
       Section 419 continues a provision which delineates the 
     program priorities for the programs managed by the National 
     Endowment for the Arts.
       Section 420 amends existing law to allow for the use of 
     certain competitive grant funds.
       Section 421 extends authorities from the Forest Service 
     Realignment and Enhancement Act of 2005 through 2016.
       Section 422 makes permanent authorities made available to 
     the Secretary of the Interior and the Chief of the Forest 
     Service to conduct joint programs to promote customer service 
     and efficiency.
       Section 423 retains a provision allowing the State of Utah, 
     through contracts or cooperative agreements with the Forest 
     Service, to perform certain activities on Forest Service 
     lands through fiscal year 2013.
       Section 424 requires the Department of the Interior, EPA, 
     Forest Service and Indian Health Service to provide the 
     Committees on Appropriations quarterly reports on the status 
     of balances of appropriations.
       Section 425 requires the President to submit a report to 
     the Committees on Appropriations no later than 120 days after 
     submission of the fiscal year 2013 budget request describing 
     Federal agency obligations and expenditures for climate 
     change programs in fiscal year 2011.
       Section 426 continues a provision prohibiting the use of 
     funds to promulgate or implement any regulation requiring the 
     issuance of permits under Title V of the Clean Air Act for 
     carbon dioxide, nitrous oxide, water vapor, or methane 
     emissions.
       Section 427 continues a provision prohibiting the use of 
     funds to implement any provision in a rule if that provision 
     requires mandatory reporting of greenhouse gas emissions from 
     manure management systems.
       Section 428 provides the Forest Service the authority to 
     use a pre-decisional objection process in place of post-
     decisional appeals.
       Section 429 clarifies Silvicultural Operations under the 
     Federal Water Pollution Control Act.
       Section 430 modifies claim maintenance fees for placer 
     claims held by two or more persons known as association 
     placer claims.
       Section 431 addresses the management of domestic sheep and 
     bighorn sheep on Federal lands.
       Section 432 addresses the issuance of air quality permits 
     in the Outer Continental Shelf.
       Section 433 prohibits funds from being used to enter into 
     contracts or agreements with any corporation where the agency 
     is aware of a conviction of a felony under any Federal law 
     within the preceding 24 months.
       Section 434 prohibits funds for contacts or agreements with 
     any corporation where the agency is aware of any unpaid 
     Federal tax liability that is not being paid in a timely 
     manner pursuant to a payment agreement.
       Section 435 continues current authorities for operations of 
     Indian Health Service programs in Alaska.
       Section 436 includes an across the board rescission of 0.16 
     percent. This reduction shall be applied to each program, 
     project, and activity, except for Miscellaneous Payments to 
     Indians, which has a different application of the rescission 
     as specified in the statutory language. The bill also 
     requires the Office of Management and Budget to submit a 
     report within 30 days specifying the account and amount of 
     each rescission.

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   DIVISION F--DEPARTMENTS OF LABOR, HEALTH AND HUMAN SERVICES, AND 
        EDUCATION, AND RELATED AGENCIES APPROPRIATIONS ACT, 2012

       The Departments of Labor, Health and Human Services, and 
     Education, and Related Agencies Appropriations Act, 2012, put 
     in place by this division incorporates the following 
     agreements of the managers. Funds for the individual programs 
     and activities within the accounts in this division are 
     displayed in the detailed table at the end of the statement 
     of the managers for this Act. Funding levels that are not 
     displayed in the detailed table are identified within this 
     statement of the managers. In implementing this conference 
     agreement, the Departments and agencies should be guided by 
     the language and instructions set forth in Senate Report 112-
     84 accompanying the bill, S. 1599, unless specifically 
     addressed in this statement. In cases where the language and 
     instructions in the Senate report specifically address the 
     allocation of funds, each has been reviewed by the conferees 
     and those that are jointly concurred in have been endorsed in 
     this statement of managers.

                                TITLE I

                          DEPARTMENT OF LABOR

                 Employment and Training Administration


                    TRAINING AND EMPLOYMENT SERVICES

                     (INCLUDING TRANSFER OF FUNDS)

       The conference agreement includes $3,195,383,000 for 
     Training and Employment Services (TES). Of the amount 
     appropriated under the heading TES, $1,423,383,000 shall be 
     available for obligation for the period July 1, 2012 through 
     June 30, 2013, and the remaining $1,772,000,000 shall be 
     available as an advance appropriation for the period October 
     1, 2012 through June 30, 2013.
       The conferees direct that, beginning with the fiscal year 
     2013 budget request, the TES detailed workload and 
     performance tables in the congressional justification 
     materials be modified to include, as a subset of the 
     ``Participants Served in Employment and Training 
     Activities,'' the number of participants who participated in 
     core and intensive services, the number of participants who 
     participated in training services, the number of exiters, and 
     the number of exiters who gained employment.
       The conference agreement includes $1,008,432,000 for 
     Dislocated Worker Assistance employment and training 
     activities, of which $148,432,000 shall be available for 
     obligation for the period July 1, 2012 through June 30, 2013, 
     and the remaining $860,000,000 shall be available as an 
     advance appropriation for the period October 1, 2012 through 
     June 30, 2013. The conferees continue to support the use of 
     National Emergency Grants to meet unanticipated increases in 
     demand for employment and training services and encourage a 
     rapid execution of funding throughout the program year to 
     address these needs throughout the country.
       The conference agreement includes $84,451,000 for migrant 
     and seasonal farmworker formula grants. The conferees direct 
     that $5,689,000 shall be for migrant and seasonal farmworker 
     housing grants, of which not less than 70 percent of this 
     amount shall be used for permanent housing grants. The 
     conferees further direct the Department of Labor to submit 
     annual reports documenting the use of farmworker housing 
     funds. The reports should include information on the amount 
     of funds used for permanent and temporary housing activities, 
     respectively; a list of the communities served; a list of the 
     grantees and the states in which they are located; the total 
     number of individuals or families served; and a list of 
     allowable temporary housing activities.
       The conference agreement includes $50,000,000 for the 
     Workforce Innovation Fund.
       The conference agreement includes new language that 
     provides that funding previously made available under Public 
     Law 112-10 designated for young parents training grants may 
     be used for research and implementation activities related to 
     the VOW to Hire Heroes Act of 2011 and other pilots, 
     demonstrations, and research activities.
       The conferees note that the National Guard's Youth 
     ChalleNGe program at the Department of Defense provides a 
     structured high school curriculum in a residential setting 
     for 16- to 18-year old high school dropouts across 27 states. 
     However, the success of this program is hindered by the lack 
     of a formalized employment training component. As the 
     Department of Labor has a long history with such endeavors, 
     the conferees encourage the Secretary of Labor to work with 
     the Department of Defense, providing technical assistance and 
     guidance where needed, in establishing a vocational training 
     component within the Youth ChalleNGe program.
       The conference agreement includes a directive for the 
     Government Accountability Office to assess the capabilities 
     of the Adult and Dislocated Worker Employment and Training 
     programs to adequately prepare participants for currently 
     available jobs. The study shall include, but is not limited 
     to, the following:
       1. An evaluation of the means by which Workforce Investment 
     Act (WIA) local areas identify currently available jobs and 
     the skills required for those jobs in potential growth 
     sectors of the economy. This may include an evaluation of 
     decisions by regional and local WIA areas and an assessment 
     of the quality of available labor market information and job 
     projections.
       2. An evaluation of the means by which WIA local areas 
     direct program participants to prepare or train for currently 
     or soon-to-be available jobs in the WIA area. To the extent 
     that prospects for employment are greater outside the WIA 
     area, the evaluation will assess the extent to which WIA 
     areas help the participants of the programs prepare or train 
     for these jobs.
       3. A compilation of any recommendations on how participants 
     may be better prepared for current openings and for openings 
     in growth sectors of the economy.
       The conference agreement includes $6,475,000 for the 
     Workforce Data Quality Initiative.


                          OFFICE OF JOB CORPS

       The conference agreement includes $1,706,171,000 for the 
     Office of Job Corps (OJC). The budget request includes 
     $1,033,747,000 in fiscal year 2012 funding and, in addition, 
     $666,000,000 in advance funding for fiscal year 2013. The 
     conferees provide full funding for OJC in fiscal year 2012, 
     eliminating the need for advance appropriations, and direct 
     the Secretary of Labor to submit future budget requests for 
     OJC without advance appropriations beginning with the fiscal 
     year 2013 budget submission.


            COMMUNITY SERVICE EMPLOYMENT FOR OLDER AMERICANS

       The conference agreement includes $449,100,000 for 
     Community Service Employment for Older Americans.


     STATE UNEMPLOYMENT INSURANCE AND EMPLOYMENT SERVICE OPERATIONS

       The conference agreement includes $4,094,672,000 for State 
     Unemployment Insurance and Employment Service Operations, 
     including a total of $60,000,000 to conduct in-person 
     reemployment and eligibility assessments (REA) and 
     unemployment insurance improper payment reviews.
       The conference agreement for Unemployment Insurance (UI) 
     State operations does not explicitly include funds for the 
     expansion of REAs or for the new initiative requested for UI 
     operations incentive grants for improved operations. Funds 
     not required for workload should be used by the Department to 
     increase REA funding and other activities to address improper 
     payments, to fund State requests for technology improvement 
     funding, and to initiate performance improvement grants.
       The conference agreement does not include funding requested 
     for expansion of the worker misclassification initiative.


                         PROGRAM ADMINISTRATION

       The conference agreement includes $147,360,000 for Program 
     Administration.
       The conference agreement does not include funding requested 
     for expansion of the worker misclassification initiative.

               Employee Benefits Security Administration


                         SALARIES AND EXPENSES

       The conference agreement includes $183,500,000 for the 
     Employee Benefits Security Administration.

                         Wage and Hour Division


                         SALARIES AND EXPENSES

       The conference agreement includes $227,491,000 for the Wage 
     and Hour Division.
       The conference agreement does not include funding requested 
     for expansion of the worker misclassification initiative.

             Office of Federal Contract Compliance Programs


                         SALARIES AND EXPENSES

       The conference agreement includes $105,386,000 for the 
     Office of Federal Contract Compliance Programs.
       The conference agreement does not include funding requested 
     for expansion of the worker misclassification initiative.

             Occupational Safety and Health Administration


                         SALARIES AND EXPENSES

       The conference agreement includes $565,857,000 for the 
     Occupational Safety and Health Administration (OSHA).
       The conferees note that OSHA's National Emphasis Program 
     (NEP) on Recordkeeping has been underway since October, 2009, 
     to assess the accuracy of injury and illness data recorded by 
     employers. The conferees direct the Secretary of Labor to 
     submit a report, not later than 90 days after enactment of 
     this Act, to the Committees on Appropriations of the House 
     and the Senate detailing the findings of this NEP, as well as 
     other Department activities, related to the accuracy of 
     employer reporting of injury and illness data.

                 Mine Safety and Health Administration


                         SALARIES AND EXPENSES

       The conference agreement includes $374,000,000 for the Mine 
     Safety and Health Administration (MSHA).
       The conference agreement provides sufficient funding to 
     improve MSHA's emergency response operations and rescue 
     capabilities through the upgrade of emergency response 
     equipment and the purchase and deployment of new underground 
     mine rescue communications systems for mine rescue teams, 
     continue making progress on the elimination of

[[Page 20920]]

     the backlog of mine safety and health appeals, support the 
     reorganization and strengthening of the Office of 
     Accountability within the assessments line, upgrade the Mt. 
     Hope laboratory, continue the coal dust spot inspection 
     program, and acquire continuous personal dust monitors for 
     MSHA personnel.

                       Bureau of Labor Statistics


                         SALARIES AND EXPENSES

       The conference agreement includes $610,224,000 for the 
     Bureau of Labor Statistics (BLS).

                           General Provisions


                         JOB CORPS COMPENSATION

       The conference agreement modifies a provision that 
     prohibits the use of Job Corps funding from being used to 
     compensate an individual at a rate in excess of Executive 
     Level II.


         American Competitiveness and Workforce Improvement Act

       The conference agreement modifies a provision relating to 
     grants made from the Department of Labor under the authority 
     of the American Competitiveness and Workforce Improvement 
     Act.


          EMPLOYMENT AND TRAINING ADMINISTRATION COMPENSATION

       The conference agreement modifies a provision to prohibit 
     the use of funds provided to the Employment and Training 
     Administration for the compensation of any individual at a 
     rate in excess of Executive Level II.


          TRANSFER AUTHORITY FOR TECHNICAL ASSISTANCE SERVICES

       The conference agreement modifies a provision providing the 
     Secretary of Labor with the authority to transfer funds made 
     available to the Employment and Training Administration by 
     this Act, or by Public Law 112-10, for technical assistance 
     services to Program Administration.


                   DEFINITION OF FIDUCIARY REGULATION

       The conference agreement includes a new provision relating 
     to the ``Definition of Fiduciary'' regulation being developed 
     by the Employee Benefits Security Administration (Regulatory 
     Identification Number 1210-AB32). The conferees understand 
     that it is the Secretary of Labor's intention to formally 
     withdraw this proposed rule upon the issuance of a new notice 
     of proposed rulemaking (NPRM). This section shall not be 
     construed as preventing the Secretary from publishing a new 
     or revised NPRM relating to the definition of a fiduciary, 
     provided that interested parties and stakeholders are 
     afforded a sufficient opportunity to review and comment on 
     the proposed rulemaking.


  WAGE METHODOLOGY FOR THE TEMPORARY NON-AGRICULTURAL EMPLOYMENT H-2B 
                           PROGRAM REGULATION

       The conference agreement modifies a provision relating to 
     the ``Wage Methodology for the Temporary Non-Agricultural 
     Employment H-2B Program'' regulation published by the 
     Employment and Training Administration.


 OCCUPATIONAL INJURY AND ILLNESS RECORDING AND REPORTING REQUIREMENTS--
           MUSCULOSKELETAL DISORDERS (MSD) COLUMN REGULATION

       The conference agreement includes a new provision relating 
     to the ``Occupational Injury and Illness Recording and 
     Reporting Requirements--Musculoskeletal Disorders (MSD) 
     Column'' regulation being developed by the Occupational 
     Safety and Health Administration.


   LOWERING MINERS' EXPOSURE TO COAL MINE DUST, INCLUDING CONTINUOUS 
                   PERSONAL DUST MONITORS REGULATION

       The conference agreement includes a new provision relating 
     to the ``Lowering Miners'' Exposure to Coal Mine Dust, 
     Including Continuous Personal Dust Monitors'' regulation 
     being developed by the Mine Safety and Health Administration 
     (MSHA). This section is not intended to restrict MSHA's 
     ability to enforce the current rule while this section is in 
     effect or address any compliance assistance or training needs 
     arising from the publication of the final rule during the 
     effective period of this section.


   OVERTIME EXEMPTIONS FOR SERVICE ADVISORS IN AUTOMOTIVE DEALERSHIPS

       The conference agreement includes a new provision relating 
     to overtime exemptions as defined by the Fair Labor Standards 
     Act.

                                TITLE II

                DEPARTMENT OF HEALTH AND HUMAN SERVICES

              Health Resources and Services Administration

       The conference agreement includes $6,450,534,000 for the 
     Health Resources and Services Administration (HRSA). In 
     addition, $25,000,000 is made available under section 241 of 
     the Public Health Service (PHS) Act.
       The conference agreement includes bill language that 
     divides HRSA into several accounts to improve transparency 
     and accountability. The conferees direct that future budget 
     requests reflect this new structure.


                          PRIMARY HEALTH CARE

       The conference agreement includes $1,598,957,000 for 
     Primary Health Care.


                            HEALTH WORKFORCE

       The conference agreement includes $734,402,000 for Health 
     Workforce.
       Within the funds provided for Training in Oral Health Care, 
     the conferees include $7,563,000 each for general and 
     pediatric dentistry.
       The conference agreement includes language prohibiting 
     health workforce funds to be used for section 340G-1, the 
     Alternative Dental Health Care Providers Demonstration 
     programs.
       Within the funds provided for Public Health and Preventive 
     Medicine Programs, the conferees direct HRSA to fund 
     preventive medicine residencies at no less than fiscal year 
     2011 levels. The conferees have provided sufficient funding 
     for a national coordinating center and $2,500,000 for grants 
     to incorporate competency-based integrative medicine 
     curricula in graduate medical education.
       Within the funds for Advanced Education Nursing, the 
     conferees direct HRSA to allocate funding for nurse 
     anesthetist education at no less than fiscal year 2011 
     levels.


                       MATERNAL AND CHILD HEALTH

       The conference agreement includes $863,607,000 for Maternal 
     and Child Health.
       The conference agreement includes bill language setting 
     aside $79,586,000 for Special Projects of Regional and 
     National Significance (SPRANS). The agreement includes 
     sufficient funding to continue State grants and the set-
     asides for oral health, epilepsy, sickle cell, and fetal 
     alcohol syndrome at no less than fiscal year 2011 levels.
       Within the funding provided for the Autism and Other 
     Related Developmental Disorders program, the conferees direct 
     HRSA to fund the Leadership Education in Neurodevelopmental 
     and Related Disabilities (LEND) program at no less than 
     fiscal year 2011 levels.


                      RYAN WHITE HIV/AIDS PROGRAMS

       The conference agreement includes $2,351,665,000 for Ryan 
     White HIV/AIDS Programs, of which $2,326,665,000 is provided 
     as budget authority and $25,000,000 is made available under 
     section 241 of the Public Health Service Act.
       The conferees intend that HRSA allocate funds for the 
     Minority AIDS Initiative within the Ryan White HIV Programs 
     at no less than the fiscal year 2011 funding level.


                          HEALTH CARE SYSTEMS

       The conference agreement includes $83,526,000 for Health 
     Care Systems.


                              RURAL HEALTH

       The conference agreement includes $139,832,000 for Rural 
     Health.
       Rural Outreach Models.-- The conferees recognize the 
     continuing challenges facing rural communities in providing 
     adequate healthcare services. The conferees urge HRSA to 
     consider projects that demonstrate new and innovative models 
     of outreach in rural areas, such as the integration and 
     coordination of health services; the utilization of 
     technologies to improve access to health services; distance 
     education for health professionals; and activities that 
     improve mental healthcare services in rural areas.


                            FAMILY PLANNING

       The conference agreement includes $297,400,000 for Family 
     Planning.


                           PROGRAM MANAGEMENT

       The conference agreement includes $161,815,000 for Program 
     Management.

               Centers for Disease Control and Prevention

       The conference agreement includes $5,667,735,000 in 
     discretionary appropriations for the Centers for Disease 
     Control and Prevention (CDC). In addition, $371,357,000 is 
     made available under section 241 of the Public Health Service 
     (PHS) Act.
       The conference agreement includes bill language that 
     divides CDC into several accounts to improve transparency and 
     accountability. The conferees direct that future budget 
     requests, to include the fiscal year 2013 budget request, 
     reflect this new structure. Further, the conferees direct CDC 
     to provide additional programmatic information in budget 
     justifications beginning in fiscal year 2014. This 
     information shall be included for every activity identified 
     in this Statement of the Managers and shall include: a short 
     description of the nature of CDC's work on a particular 
     subject; the number of new and continuing grants made; the 
     average grant size; and a State-by-State table for any 
     formula-based funding. The conferees understand that the 
     fiscal year 2013 justification is already in draft form; 
     therefore, the conferees expect an operating plan 90 days 
     after enactment of this Act that details spending levels for 
     all CDC budget lines included in this Statement of the 
     Managers.
       Extramural Research.--The conferees request a report from 
     CDC by March 1 of each year that details the breakdown of 
     intramural and extramural funding for each program of the 
     various offices and centers at CDC. This report shall include 
     the amount of funding in each Center dedicated to 
     administrative activities.


                 IMMUNIZATION AND RESPIRATORY DISEASES

       The conference agreement includes $579,375,000 for 
     Immunization and Respiratory Diseases. In addition, 
     $12,864,000 is

[[Page 20921]]

     made available under section 241 of the PHS Act.
       Within the program level total for Immunization and 
     Respiratory Diseases, the conference agreement includes the 
     following amounts:

------------------------------------------------------------------------
                     Budget Activity                        Conference
------------------------------------------------------------------------
Section 317 Immunization Program........................    $369,553,000
Program Operations......................................      63,005,000
    National Immunization Survey........................      12,864,000
Influenza...............................................     159,681,000
------------------------------------------------------------------------

     HIV/AIDS, VIRAL HEPATITIS, SEXUALLY TRANSMITTED DISEASES AND 
                        TUBERCULOSIS PREVENTION

       The conference agreement includes $1,105,995,000 for HIV/
     AIDS, Viral Hepatitis, Sexually Transmitted Diseases and 
     Tuberculosis Prevention.
       Within the total for HIV/AIDS, Viral Hepatitis, Sexually 
     Transmitted Diseases, and Tuberculosis Prevention, the 
     conference agreement includes the following amounts:

------------------------------------------------------------------------
                     Budget Activity                        Conference
------------------------------------------------------------------------
Domestic HIV/AIDS Prevention and Research
    HIV Prevention by Health Departments................    $336,912,000
    HIV Surveillance....................................     117,667,000
    National/Regional/Local/Community/Other.............     138,059,000
    Enhanced HIV Testing................................      65,401,000
    Improving Program Effectiveness.....................     102,406,000
    School Health.......................................      30,000,000
Viral Hepatitis.........................................      19,784,000
Sexually Transmitted Diseases...........................     154,666,000
Tuberculosis............................................     141,100,000
------------------------------------------------------------------------

       Within the total for Domestic HIV/AIDS Prevention and 
     Research programs, the conference agreement provides funding 
     at no less than the fiscal year 2011 level to support 
     activities that are targeted to address the growing HIV/AIDS 
     epidemic and its disparate impact on communities of color, 
     including African Americans, Latinos, Native Americans, Asian 
     Americans, Native Hawaiians, and Pacific Islanders.


               EMERGING AND ZOONOTIC INFECTIOUS DISEASES

       The conference agreement includes $253,919,000 for Emerging 
     and Zoonotic Infectious Diseases.
       Within the total for Emerging and Zoonotic Infectious 
     Diseases, the conference agreement includes the following 
     amounts:

------------------------------------------------------------------------
                     Budget Activity                        Conference
------------------------------------------------------------------------
Vector-borne Diseases...................................     $23,232,000
Lyme Disease............................................       8,773,000
Food Safety.............................................      27,172,000
Prion Disease...........................................       5,000,000
Chronic Fatigue Syndrome................................       4,737,000
Emerging Infectious Diseases............................     124,151,000
National Healthcare Safety Network......................      14,872,000
Quarantine..............................................      26,032,000
------------------------------------------------------------------------

       Lyme Disease.--The conferees encourage CDC to expand its 
     activities related to developing sensitive and more accurate 
     diagnostic tools and tests for Lyme disease, including the 
     evaluation of emerging diagnostic methods and improving 
     utilization of diagnostic testing to account for the multiple 
     clinical manifestations of acute and chronic Lyme disease. 
     CDC is encouraged to expand its epidemiological research 
     activities on tick-borne diseases, to include an objective to 
     determine the long-term course of illness for Lyme disease 
     and to improve surveillance and reporting of Lyme and other 
     tick-borne diseases in order to produce more accurate data on 
     their prevalence. Finally, the conferees encourage CDC to 
     evaluate the feasibility of developing a national reporting 
     system on Lyme disease, including laboratory reporting; and 
     to expand prevention of Lyme and tick-borne diseases through 
     increased community-based public education and creating a 
     physician education program that includes the full spectrum 
     of scientific research on the diseases.


            CHRONIC DISEASE PREVENTION AND HEALTH PROMOTION

       The conference agreement includes $760,700,000 for Chronic 
     Disease Prevention and Health Promotion.
       Within the total for Chronic Disease Prevention and Health 
     Promotion, the conference agreement includes the following 
     amounts:

------------------------------------------------------------------------
                     Budget activity                        Conference
------------------------------------------------------------------------
Tobacco.................................................     108,685,000
Nutrition, Physical Activity, and Obesity...............      34,189,000
School Health...........................................      13,600,000
    Food Allergies......................................         488,000
Health Promotion........................................      17,682,000
    Community Health Promotion..........................       6,141,000
    Glaucoma............................................       3,337,000
    Visual Screening Education..........................         511,000
    Alzheimer's Disease.................................       1,812,000
    Inflammatory Bowel Disease..........................         680,000
    Interstitial Cystitis...............................         654,000
    Excessive Alcohol Use...............................       2,454,000
    Chronic Kidney Disease..............................       2,093,000
Prevention Research Centers.............................      18,001,000
Heart Disease and Stroke................................      55,284,000
Diabetes................................................      64,796,000
Cancer Prevention and Control...........................     350,332,000
    Breast and Cervical Cancer..........................     206,001,000
        WISEWOMAN.......................................      20,745,000
    Breast Cancer Awareness for Young Women.............       4,908,000
    Cancer Registries...................................      50,295,000
    Colorectal Cancer...................................      43,070,000
    Comprehensive Cancer................................      20,313,000
    Johanna's Law.......................................       5,000,000
    Ovarian Cancer......................................       4,909,000
    Prostate Cancer.....................................      13,188,000
    Skin Cancer.........................................       2,150,000
    Cancer Survivorship Resource Center.................         498,000
Oral Health.............................................      14,726,000
Safe Motherhood/Infant Health...........................      44,049,000
Other Chronic Diseases..................................      25,338,000
    Arthritis...........................................      13,075,000
    Epilepsy............................................       7,801,000
    National Lupus Patient Registry.....................       4,462,000
Community Grants........................................      14,018,000
    Healthy Communities.................................               0
    REACH...............................................      14,018,000
------------------------------------------------------------------------

       The conferees expect the Office of Smoking and Health to 
     transfer no less than the amount it did in fiscal year 2011 
     to the Environmental Health Laboratory. The conferees intend 
     that this transfer is to be provided to the lab in a manner 
     that supplements and in no way replaces existing funding for 
     tobacco-related activities.
       The conferees are pleased to learn that CDC has decided to 
     retain the Division of Oral Health. This action is supported 
     by a recent Institute of Medicine (IOM) report titled 
     ``Advancing Oral Health in America'' that recommends oral 
     health be given a high priority within HHS. This decision 
     will allow CDC to focus on the prevention and elimination of 
     oral disease, support state oral health infrastructure 
     programs, and improve the coordination of oral health 
     activities with other chronic disease prevention activities.


                BIRTH DEFECTS AND DEVELOPMENTAL DISEASES

       The conference agreement includes $138,072,000 for birth 
     defects and developmental diseases.
       The conferees have rejected the consolidation proposed in 
     the fiscal year 2012 budget for disability initiatives in the 
     National Center on Birth Defects and Developmental 
     Disabilities (NCBDDD). The conferees direct that any new 
     consolidation put forward by the administration be 
     accompanied by an assessment of the needs of people with 
     disabilities that includes the categories of disabilities 
     currently served, validates the value of such a 
     consolidation, considers the input of stakeholders, and 
     establishes the basis for any proposed efficiencies and 
     commonalities.
       Within the total for Birth Defects and Developmental 
     Diseases, the conference agreement includes the following 
     amounts:

------------------------------------------------------------------------
                     Budget activity                        Conference
------------------------------------------------------------------------
Child Health and Development............................     $62,295,000
    Birth Defects.......................................      20,304,000
    Craniofacial Malformation...........................       1,809,000
    Fetal Death.........................................         808,000
    Fetal Alcohol Syndrome..............................       9,891,000
    Folic Acid..........................................       2,795,000
    Infant Health.......................................       7,925,000
    Autism..............................................      21,380,000
Health and Development for People with Disabilities.....      56,920,000
    Disability & Health (incl. Child Development).......      17,893,000
    Limb Loss...........................................       2,836,000
    Tourette Syndrome...................................       1,701,000
    Early Hearing Detection and Intervention............      10,672,000
    Muscular Dystrophy..................................       5,865,000
    Paralysis Resource Center...........................       6,739,000
    Attention Deficit Hyperactivity Disorder............       1,718,000
    Fragile X...........................................       1,684,000
    Spina Bifida........................................       5,812,000
    Congenital Heart Failure............................       2,000,000
Public Health Approach to Blood Disorders...............      18,857,000
    Hemophilia..........................................      16,670,000
    Thallasemia.........................................       1,861,000
------------------------------------------------------------------------

       Congenital Heart Disease.--The conferees are concerned that 
     there is a lack of rigorous epidemiological and longitudinal 
     data on individuals of all ages with congenital heart disease 
     and has included funding to begin to compile this 
     information. The conferees are particularly interested in 
     information on prevalence, barriers to effective care, 
     survival outcomes and neurocognitive outcomes.


                   PUBLIC HEALTH SCIENTIFIC SERVICES

       The conference agreement includes $144,795,000 for public 
     health scientific services. In addition, $247,769,000 is made 
     available under section 241 of the PHS Act.
       Within the total for Public Health Scientific Services, the 
     conference agreement includes the following amounts:

------------------------------------------------------------------------
                                                              FY 2012
                     Budget activity                         Committee
------------------------------------------------------------------------
Health Statistics.......................................     138,683,000
Surveillance, Epidemiology, and Infomatics..............     217,747,000
Public Health Workforce.................................      36,134,000
------------------------------------------------------------------------

       The conferees remain supportive of the Primary 
     Immunodeficiency Education and Awareness Program. The program 
     has successfully leveraged federal money and private 
     contributions to improve the quality of life for these 
     patients.


                          ENVIRONMENTAL HEALTH

       The conference agreement includes $105,598,000 for 
     environmental health programs.
       Within the total for Environmental Health, the conference 
     agreement includes the following amounts:

------------------------------------------------------------------------
                     Budget activity                        Conference
------------------------------------------------------------------------
Environmental Health Laboratory.........................     $42,628,000
  Newborn Screening Quality Assurance Program...........       6,865,000
  Newborn Screening /Severe Combined Immuno. Diseases...         970,000
Environmental Health Activities.........................      35,526,000
  Safe Water............................................       7,150,000
  Volcanic Emissions....................................         197,000
  Environmental and Health Outcome Tracking.............               0
  Amyotrophic Lateral Sclerosis (ALS) Registry..........       5,903,000
  Climate Change........................................       7,401,000
  Built Environment and Health Initiative...............       2,634,000
Asthma..................................................      25,444,000
Lead Poisoning..........................................       2,000,000
------------------------------------------------------------------------

       The conferees direct CDC to continue its support of the 
     National Asthma Control Program as currently structured.
       The conferees intend that the funds provided for the CDC 
     lead poisoning program be used to maintain expertise and 
     analysis at the national level and to provide a resource for 
     States and localities.


                     INJURY PREVENTION AND CONTROL

       The conference agreement includes $138,480,000 for injury 
     prevention and control activities.
       Within the total for Injury Prevention and Control, the 
     conference agreement includes the following amounts:

[[Page 20922]]



------------------------------------------------------------------------
                     Budget activity                        Conference
------------------------------------------------------------------------
Intentional Injury......................................     $93,690,000
  Domestic Violence and Sexual Violence.................      31,315,000
        Child Maltreatment..............................       6,974,000
  Youth Violence Prevention.............................      15,000,000
  Domestic Violence Community Projects..................       5,423,000
  Rape Prevention.......................................      39,474,000
Unintentional Injury....................................      31,315,000
  Traumatic Brain Injury................................       6,039,000
  Elderly Falls.........................................       1,963,000
Injury Control Research Centers.........................       9,996,000
National Violent Death Reporting System.................       3,479,000
------------------------------------------------------------------------

         NATIONAL INSTITUTE FOR OCCUPATIONAL SAFETY AND HEALTH

       The conference agreement includes $182,903,000 for 
     Occupational Safety and Health. In addition, $110,724,000 is 
     made available under section 241 of the PHS Act.
       Within the total for Occupational Safety and Health, the 
     conference agreement includes the following amounts:

------------------------------------------------------------------------
                                                              FY 2012
                     Budget activity                         Committee
------------------------------------------------------------------------
Education and Research Centers..........................     $24,321,000
Personal Protective Technology..........................      16,828,000
Healthier Workforce Centers.............................       5,026,000
National Occupational Research Agenda...................     111,367,000
Mining Research.........................................      52,687,000
Other Occupational Safety and Health Research...........      83,398,000
  Miners Choice.........................................         647,000
  National Mesothelioma Registry and Tissue Bank........       1,022,000
------------------------------------------------------------------------

       Within the total for the National Occupational Research 
     Agenda, the conferees provide no less than fiscal year 2011 
     levels for the Agriculture, Forestry, and Fishing Program.


       ENERGY EMPLOYEES OCCUPATIONAL ILLNESS COMPENSATION PROGRAM

       The conference agreement includes $55,358,000 for CDC's 
     responsibilities with respect to the Energy Employee 
     Occupational Illness Compensation Program.


                             GLOBAL HEALTH

       The conference agreement includes $349,547,000 for global 
     health activities.
       Within the total for Global Health, the conference 
     agreement includes the following amounts:

------------------------------------------------------------------------
                                                              FY 2012
                     Budget activity                         Committee
------------------------------------------------------------------------
Global AIDS Program.....................................    $118,023,000
Global Immunization Program.............................     160,854,000
  Polio Eradication.....................................     111,597,000
  Other Global/Measles..................................      49,257,000
Global Disease Detection and Emergency Response.........      41,902,000
Parasitic Diseases/Malaria1.............................      19,467,000
Global Public Health....................................       9,301,000
------------------------------------------------------------------------

                PUBLIC HEALTH PREPAREDNESS AND RESPONSE

       The conference agreement includes $1,306,906,000 for public 
     health preparedness and response activities.
       Within the total for Public Health Preparedness and 
     Response, the conference agreement includes the following 
     amounts:

------------------------------------------------------------------------
                     Budget activity                        Conference
------------------------------------------------------------------------
Public Health Emergency Preparedness Cooperative            $643,069,000
 Agreements.............................................
Centers for Public Health Preparedness..................       7,997,000
Advanced Practice Centers...............................               0
All Other State and Local Capacity......................       7,784,000
CDC Preparedness and Response...........................     138,570,000
  BioSense..............................................      20,772,000
  Lab Reporting.........................................       8,092,000
Strategic National Stockpile............................     509,486,000
------------------------------------------------------------------------

                          CDC-WIDE ACTIVITIES

       The conference agreement includes $621,445,000 for CDC-wide 
     activities.
       Within the total for CDC-Wide Activities, the conference 
     agreement includes the following amounts:

------------------------------------------------------------------------
                                                              FY 2012
                     Budget activity                         Committee
------------------------------------------------------------------------
Preventive Health/Health Services Block.................     $80,000,000
Business Services Support...............................     397,026,000
Buildings and Facilities................................      25,000,000
Public Health Leadership................................     119,419,000
------------------------------------------------------------------------

       The conference agreement includes language making Vessel 
     Sanitation Program user fees available through September 30, 
     2013.
       Working Capital Fund.--The conferees have included bill 
     language that allows CDC to begin creating a Working Capital 
     Fund (WCF) to achieve greater cost efficiencies across the 
     administrative operations of the agency. The conferees expect 
     this WCF to begin making disbursements no sooner than fiscal 
     year 2014. CDC shall notify the House and Senate Committees 
     on Appropriations prior to any funds being transferred to or 
     deposited in the WCF.
       The conferees direct CDC to create a strong auditing system 
     for the WCF, which shall include annual auditing of the 
     calculation by which programs are charged to ensure that WCF 
     funds are used solely for administrative costs and that CDC 
     Centers and Offices are not over-charged for services. The 
     conferees instruct that the structure of the WCF shall assume 
     no more than a 2 year availability of any funds within it, 
     that no construction of facilities shall be allowable costs, 
     and that all allowable costs are clearly defined. The 
     conferees further direct that the governance system be 
     designed to include a role for all Center Directors in 
     overseeing the costs incurred. The Committees on 
     Appropriations expect quarterly briefings on the progress 
     being made in drafting the charter and the methodology being 
     used to set up the WCF.
       Within the amount provided for Business Services, the 
     conferees have made $30,000,000 available until September 30, 
     2013.

                     National Institutes of Health

       The conference agreement includes $30,689,990,000 for the 
     accounts that comprise the National Institutes of Health 
     (NIH) total appropriation. This total does not include any 
     funding for the Global Fund to Fight AIDS, Tuberculosis and 
     Malaria; the conferees understand that all fiscal year 2012 
     funding for the Global Fund is provided through Division I 
     (Department of State, Foreign Operations, and Related 
     Programs). The conference agreement continues the allocation 
     to NIH of $8,200,000 in program evaluation set-aside funding. 
     Appropriation levels for individual institutes and centers 
     are described in the table at the end of this statement of 
     managers.
       The conferees recognize NIH's mission to invest in basic 
     biomedical research and apply that knowledge to enhance our 
     Nation's health and well-being, lengthen life, and reduce the 
     burdens of illness and disability. NIH is strongly urged to 
     ensure its policies continue to support a robust extramural 
     community and make certain sufficient research resources are 
     available to the more than 300,000 NIH-supported scientists 
     at over 3,100 institutions across the country. The conferees 
     affirm the critical importance of new and competing research 
     project grants (RPGs) to the mission of NIH and are concerned 
     that in the past few years, NIH has failed to support the 
     number of new, competing RPGs that it estimated would be 
     awarded in its annual congressional budget justifications. 
     The conferees expect NIH to evaluate its new grant-estimating 
     methodology to improve its accuracy and support as many 
     scientifically meritorious new and competing RPGs as 
     possible, at a reasonable award level, with the funding 
     provided in this Act.
       In recent years, extramural research has accounted for 
     nearly 90 percent of NIH's budget. The conferees strongly 
     urge NIH to maintain at least that level in fiscal year 2012. 
     NIH should also establish safeguards to ensure the percentage 
     of funds used to support basic research across NIH is 
     maintained.
       The Office of the Director (OD) shall ensure, as 
     practicable, the programs and offices within OD receive 
     increases proportional to the overall increase, unless 
     otherwise specified. The conferees request quarterly 
     notification on obligations from the NIH Director's 
     Discretionary Fund to the Committees on Appropriations of the 
     House of Representatives and the Senate.
       The conferees expect NIH to continue the long-standing 
     policy for Common Fund projects to be short-term, high-impact 
     awards, with no projects receiving funding for more than 10 
     years. The conferees recognize that certain investigator-
     initiated programs such as Pioneer Awards may be exceptions 
     to the 10-year limit. Any other proposed exceptions should be 
     explained in the fiscal year 2013 congressional budget 
     justification.
       The conference agreement includes language to eliminate the 
     National Center for Research Resources (NCRR) and create the 
     National Center for Advancing Translational Sciences (NCATS).
       NCATS will study steps in the therapeutics development and 
     implementation process, consult with experts in academia and 
     the biotechnology and pharmaceutical industries to identify 
     bottlenecks in the processes that are amenable to re-
     engineering, and develop new technologies and innovative 
     methods for streamlining the processes. In order to evaluate 
     these innovations and new approaches, NCATS will undertake 
     targeted therapeutics development and implementation 
     projects. In all of these efforts, the conferees expect that 
     NCATS will complement, not compete with, the efforts of the 
     private sector.
       While the conferees welcome the creation of NCATS, they 
     were disappointed by the way the administration requested it. 
     The President's proposed budget for fiscal year 2012 included 
     a vague description of NCATS but did not formally request 
     funding for the restructuring or provide any details about 
     which components of NIH would be consolidated into the new 
     Center. The failure to do so caused unnecessary uncertainty 
     about the proposal and contributed to the impression that it 
     was being rushed. The conferees are also aware of concerns 
     that the NIH process for evaluating the merits of the NCATS 
     reorganization did not comply with the NIH Reform Act of 2006 
     with respect to the role of the Scientific Management Review 
     Board (SMRB).
       Lessons learned with NCATS should guide NIH as it considers 
     another proposed restructuring, one that would involve 
     consolidating NIDA, NIAAA and components of other Institutes 
     and Centers (ICs) into a new Institute devoted to research on 
     substance use, abuse and addiction. The conferees understand 
     that NIH plans to adopt a more deliberate approach in 
     evaluating the need for this Institute. The conferees 
     strongly recommend that this approach should include full 
     consideration by the SMRB and that if the administration 
     ultimately decides to seek such a restructuring, it should 
     provide sufficient details in a formal budget request to 
     Congress.
       The following table provides the specific funding levels 
     for the institutes and centers

[[Page 20923]]

     and displays the comparable adjustments related to the 
     reorganization.

----------------------------------------------------------------------------------------------------------------
                                                                                      FY 2011
             (Dollars in thousands)                   FY 2011      Reallocation   reorganization      FY 2012
                                                     Enacted*      of resources     comparable        enacted
----------------------------------------------------------------------------------------------------------------
National Cancer Institute (NCI).................      $5,058,577          -4,163      $5,054,414      $5,081,788
    Therapeutics for Rare and Neglected Disease   ..............          -4,163  ..............  ..............
     (TRND).....................................
National Heart, Lung, and Blood Institute              3,069,723          -1,489       3,068,234       3,084,851
 (NHLBI)........................................
    Clinical Research Resources.................  ..............            +995  ..............  ..............
    Biotechnology Research Resources............  ..............             +29
    Research Management  Support................  ..............             +14
    TRND........................................  ..............          -2,527
National Institute of Dental & Craniofacial              409,608            -337         409,271         411,488
 Research (NIDCR)...............................
    TRND........................................  ..............            -337
Nat. Inst. of Diabetes & Digestive & Kidney            1,792,224          -1,476       1,790,748       1,800,447
 Diseases (NIDDK)...............................
    TRND........................................  ..............          -1,476
National Institute of Neurological Disorders and       1,622,003          -1,335       1,620,668       1,629,445
 Stroke (NINDS).................................
    TRND........................................  ..............          -1,335
National Institute of Allergy and Infectious           4,478,668          -3,689       4,474,979       4,499,215
 Diseases (NIAID)...............................
    TRND........................................  ..............          -3,689
National Institute of General Medical Sciences         2,033,782        +338,010       2,371,792       2,434,637
 (NIGMS)........................................
    Institutional Development Awards (IDeA).....        +226,480
    Biotechnology Research Resources............  ..............         +97,114
    Research Infrastructure.....................  ..............          +8,853
    Research Management & Support...............  ..............          +7,237
    TRND........................................  ..............          -1,674
Nat. Inst. of Child Health and Human Development       1,317,854          -1,085       1,316,769       1,323,900
 (NICHD)........................................
    TRND........................................  ..............          -1,085
National Eye Institute (NEI)....................         700,828            -577         700,251         704,043
    TRND........................................  ..............            -577
National Institute of Environmental Health               683,724            -555         683,169         686,869
 Sciences (NIEHS)...............................
    TRND........................................  ..............            -555
National Institute on Aging (NIA)...............       1,100,481            -906       1,099,575       1,105,530
    TRND........................................  ..............            -906
Nat. Inst. Arthritis & Musculoskeletal & Skin            534,349            -440         533,909         536,801
 Diseases (NIAMS)...............................
    TRND........................................  ..............            -440
Nat. Inst. on Deafness & Other Communication             415,155            -341         414,814         417,061
 Disorders (NIDCD)..............................
    TRND........................................  ..............            -341
National Institute of Mental Health (NIMH)......       1,476,294          -1,215       1,475,079       1,483,068
    TRND........................................  ..............          -1,215
National Institute on Drug Abuse (NIDA).........       1,050,542            -865       1,049,677       1,055,362
    TRND........................................  ..............            -865
National Institute on Alcohol Abuse and                  458,286            -377         457,909         460,389
 Alcoholism (NIAAA).............................
    TRND........................................  ..............            -377
National Institute of Nursing Research (NINR)...         144,381            -119         144,262         145,043
    TRND........................................  ..............            -119
National Human Genome Research Institute (NHGRI)         511,497            -421         511,076         513,844
    TRND........................................  ..............            -421
National Institute of Biomedical Imaging and             313,802         +23,370         337,172         338,998
 Bioengineering (NIBIB).........................
    Biotechnology Research Resources............  ..............         +22,977
    Research Management & Support...............  ..............            +651
    TRND........................................  ..............            -258
National Institute on Minority Health and Health         209,714         +65,757         275,471         276,963
 Disparities (NIMHD)............................
    Research Centers in Minority Institutions...  ..............         +58,686
    Biotechnology Research Resources............  ..............          +1,784
    Research Infrastructure.....................  ..............          +2,578
    Research Management & Support...............  ..............          +2,882
    TRND........................................  ..............            -173
National Center for Research Resources (NCRR)...       1,257,754      -1,257,754               0               0
National Center for Complementary and                    127,713            -105         127,608         128,299
 Alternative Medicine (NCCAM)...................
    TRND........................................  ..............            -105  ..............               0
John E. Fogarty International Center (FIC)......          69,436             -58          69,378          69,754
    TRND........................................  ..............             -58  ..............               0
National Library of Medicine (NLM)..............         336,733            -277         336,456         338,278
    TRND........................................  ..............            -277  ..............               0
Office of the Director (OD).....................       1,166,963        +287,042       1,454,005       1,461,880
    Comparative Medicine (incl. Nat'l Primate     ..............        +194,921
     Res. Centers)..............................
    Shared & High-end Instrumentation...........  ..............         +64,114
    Clinical Research Resources.................  ..............            +769
    Biotechnology Research Resources............  ..............          +8,505
    Research Infrastructure.....................  ..............          +6,655
    Research Management & Support...............  ..............          +9,594
    Science Education Partnership Award.........  ..............         +18,480
    Clinical Research Resources.................  ..............            +534
    Biotechnology Research Resources............  ..............            +552
    Research Management & Support...............  ..............            +716
    Office of Rare Diseases Research............  ..............         -17,798
National Center for Advancing Translational                    0        +563,405         563,405         576,456
 Sciences (NCATS)...............................
    Clinical & Translational Science Awards       ..............        +457,700
     (CTSAs)....................................
    Clinical Research Resources.................  ..............         +27,879
    Biotechnology Research Resources............  ..............         +18,633
    Research Management & Support...............  ..............         +16,316
    NCBI/PA.....................................  ..............          +1,079
    TRND........................................  ..............         +24,000
    Office of Rare Diseases Research............  ..............         +17,798
    Cures Acceleration Network (CAN)............  ..............               0
----------------------------------------------------------------------------------------------------------------
Note: The FY 2011 enacted level does not include transfers.

       Cures Acceleration Network (CAN).--The conferees provide 
     NCATS with up to $10,000,000 to support the CAN Board and 
     related activities. The conferees expect a high bar for any 
     use of waiver authority for CAN grant matching funds; any use 
     should be extremely limited to maximize funds towards the CAN 
     goals. The conferees encourage the CAN Board to create 
     general principles and measurable outcomes to track success. 
     The conferees request NCATS to charter an Institute of 
     Medicine (IOM) work group to review, evaluate, and identify 
     issues related to the CAN authority and provide a report for 
     use by the CAN Board to help it identify ways to accelerate 
     and expand the number of cures. The report should include a 
     survey and inventory of activities at NIH, FDA, AHRQ, CDC, 
     the Patent and Trademark Office (PTO), and in the private 
     sector that relate to the CAN program. The conferees urge IOM 
     to include balanced participation by the entities listed 
     above as well as the representatives of the pharmaceutical 
     and biotechnology industry and the biotech venture capital 
     community. The report should address patent authority, 
     marketability, use of high-throughput analysis, regulatory 
     timelines, and cost structure issues related to the purpose 
     of CAN.
       Accelerating Commercialization of Therapies to Patients.--
     The conferees understand the need to develop models to assist 
     research universities and institutes on the best ways to 
     leverage and commercialize federally supported basic and 
     applied biomedical research discoveries. This is a key reason 
     why the conferees have agreed to create NCATS. The conferees 
     note the market has started to develop public-private sector 
     models that are beginning to show results in translating

[[Page 20924]]

     basic research far more quickly than traditional models. 
     These types of models use pre-defined technology-licensing 
     terms to rapidly license new products and build a core of 
     options for commercialization partnerships with 
     pharmaceutical and biotechnology companies to establish joint 
     ventures to further advance products to the market. The 
     conferees strongly urge NIH to study and foster these models.
       The conferees expect any NIH-supported partnerships to 
     expand translational pharmaceutical development in a manner 
     that does not inhibit creative market models. Top priorities 
     of the Center should include developing tools to improve the 
     ``de-risking'' process and advancing the drug development 
     process to the point at which it can reasonably be expected 
     to be picked up by the private sector. The conferees suggest 
     the selection of Center projects should consider future 
     market acceptance as one component of the criteria to 
     evaluate and select potential Center projects. The conferees 
     direct NIH to host a trans-NIH workshop with key research 
     organizations, venture capitalists, pharmaceutical firms, the 
     PTO, the FDA, and a sample of research universities and 
     institutes to work together with NIH and the drug development 
     market. The workshop should also consider how existing NIH 
     and government mechanisms can be used to encourage models 
     around the country to speed commercialization of therapies 
     through a market-based approach.
       Clinical and Translational Science Awards (CTSAs).--The 
     conferees are encouraged by the success of the CTSA 
     consortium and recommend the program receive full funding as 
     it nears full implementation. The conferees expect the NCATS 
     Director to ensure the current focus on the full spectrum of 
     translational research is maintained, and CTSA resources are 
     not diverted. The inclusion of patient-centered research, 
     community engagement, training, dissemination science, and 
     behavioral research is extremely important to the translation 
     and application of basic science discoveries and success of 
     the CTSAs. CTSAs now represent an investment of half a decade 
     of innovation in translational research. To ensure the 
     benefits of this investment are maintained, the conferees 
     urge NIH to support a study by the IOM that would evaluate 
     the CTSA program and recommend whether changes to the current 
     mission are needed. The review should include stakeholders' 
     input and be available no later than 18 months after the 
     enactment of this bill.
       Therapeutics for Rare and Neglected Disease (TRND) 
     Program.--The conferees continue support for TRND at a level 
     of $24,000,000 within NCATS. The conferees urge NIH to 
     provide an annual report on the TRND program that identifies 
     the number of projects started each year, cost per project, 
     and the outcome of each project. The first report should be 
     provided to the Committees on Appropriations by July 1, 2012.
       Institutional Development Awards.--The conferees provide 
     $276,480,000 to increase support for the Institutional 
     Development Awards (IDeA) program. The conferees recognize 
     the importance of the Centers of Biomedical Research 
     Excellence (COBRE) and the IDeA Networks of Biomedical 
     Research Excellence (INBRE) programs. The conferees believe 
     the IDeA program has made a significant contribution to 
     biomedical research and creating a skilled workforce. 
     Therefore, the conferees provide a $45,882,000 increase and 
     recommend it be divided equally toward a new COBRE 
     competition and to support new awards for the IDeA Clinical 
     Trial and Translation Program to develop infrastructure for 
     clinical and translational research in IDeA States. The 
     conferees encourage the NIH Director to expand the program to 
     support co-funding of IDeA projects across NIH ICs to foster 
     the development of efforts in IDeA State programs. Further, 
     as an Office of Experimental Program to Stimulate Competitive 
     Research (EPSCoR) program, the focus of IDeA should continue 
     to be on improving the necessary infrastructure and 
     strengthening the biomedical research capacity and capability 
     of research institutions. Unfortunately, many institutions in 
     EPSCoR-qualifying States who could benefit from the IDeA 
     program are ineligible for funding. The conferees encourage 
     NIH to revise current eligibility criteria to take into 
     account how the decreasing success rate for R01 grants NIH-
     wide is affecting IDeA eligibility. In particular, the 
     conferees believe the IDeA Director should have the authority 
     to consider funding institutions in any State that is EPSCoR 
     eligible. The conferees urge NIH to develop criteria to 
     incorporate flexibility into the program to address these 
     concerns. The conferees request an update on both the IDeA 
     eligibility criteria proposals and funding level by State and 
     major activities, to include the co-funding activity, in the 
     fiscal year 2013 congressional budget justification.
       Third Party Collections 3-Year Pilot.--Since fiscal year 
     1997, Congress has included bill language authorizing NIH to 
     ``collect third party payments for the cost of clinical 
     services that are incurred in NIH research facilities.'' NIH 
     has not yet exercised that authority. A recent study released 
     in September that was conducted by PricewaterhouseCoopers LLP 
     (PwC) found that there are numerous potential advantages as 
     well as potential disadvantages to implementing a third party 
     billing program. ``The potential use of third party billing 
     represents a significant investment and enduring change for 
     the NIH Clinical Center,'' the study states. ``As such, 
     additional efforts beyond the 14-week study represented in 
     this report may be undertaken to more fully consider the 
     challenges associated with the use of third party billing and 
     the opportunities that may exist.'' The conferees concur with 
     this observation and therefore direct NIH to conduct a 3-year 
     pilot study to assess the viability of third party 
     reimbursement at NIH by looking at one of the services 
     commonly used by a significant number of outpatients at some 
     point in the patient's protocol. One possible example would 
     be radiology services, but this is not the only option. The 
     Committees on Appropriations expect to be briefed on the 
     proposed subject area and scope of the pilot before it is 
     finalized. The conferees include $10,000,000 for the Clinical 
     Center for the costs of building the billing infrastructure 
     for the pilot.
       Neuroblastoma.--The conferees note the promising results of 
     a recent clinical trial using a chimeric antibody to treat 
     newly diagnosed neuroblastoma patients. The conferees support 
     efforts to facilitate access to this new therapy for relapsed 
     patients and request an update in the fiscal year 2013 
     congressional budget request.
       Clinical Trials.--The conferees are aware of a 2010 IOM 
     study on clinical trials that identified a number of concerns 
     which may apply across all ICs.
       The conferees direct NIH to conduct a trans-NIH review of 
     the applicability of the 12 IOM recommendations to all NIH 
     ICs that conduct clinical trials. The review should examine 
     ways to develop and strengthen NIH-wide policies with a focus 
     on opportunities to improve the incorporation of innovative 
     science, increase speed of initiation and completion, improve 
     the means of setting priorities, and develop better 
     incentives for participation in clinical trials.
       The conferees note the report found it takes over 900 days 
     to open a clinical trial, but trials supported through the 
     American Recovery and Reinvestment Act developed methods to 
     open studies within 90 days. The conferees encourage NIH to 
     consider guidance to incorporate the 90-day opening model 
     into other NIH-wide clinical trial activity.
       The review should examine the policies of each IC regarding 
     funding for variable accrual costs per case, and ensure 
     consistent guidelines across NIH. Specifically, the review 
     should examine the viability and effect on speed of opening 
     trials of a multi-tier system in which payments for cost-per-
     accrual vary according to the time required to open the 
     trial. Furthermore, the review should examine the methods and 
     processes ICs use to prioritize clinical trials based on 
     peer-review input, funding, and other ways to optimize 
     selection of studies.
       The conferees request a report by September 30, 2012, that 
     identifies the findings, proposed policy changes, 
     implementation timeline, and key measures NIH will use to 
     monitor clinical trial activity.

       Substance Abuse and Mental Health Services Administration

       The conference agreement includes $3,354,313,000 for the 
     Substance Abuse and Mental Health Services Administration 
     (SAMHSA). In addition, the conference agreement makes 
     available $129,667,000 under section 241 of the Public Health 
     Service (PHS) Act.
       The conference agreement includes bill language that 
     divides SAMHSA into several accounts to improve transparency 
     and accountability. The conferees direct that future budget 
     requests, to include the fiscal year 2013 budget request, 
     reflect this new structure. Further, the conferees direct 
     SAMHSA to include in its budget justification the specific 
     funding increases, decreases and FTE changes being requested 
     by program, project or activity, along with a detailed 
     description of activities funded under each program, the 
     number of new and continuing grants made; the average grant 
     size; and a State-by-State table for any formula-based 
     funding for all budget lines included in this Statement of 
     the Managers. The conferees expect that SAMHSA shall not make 
     changes to any program, project, or activity as outlined by 
     the budget tables included in this Statement of the Managers 
     without prior notification to the House and Senate Committees 
     on Appropriations.
       The conferees have provided funding for Programs of 
     Regional and National Significance under each of SAMHSA's 
     statutorily-created Centers rather than consolidate funding 
     into a single account for Innovation and Emerging Issues, as 
     proposed in the budget request.


                             MENTAL HEALTH

       The conference agreement includes $934,853,000 for Mental 
     Health. In addition, $21,039,000 is made available under 
     section 241 of the PHS Act.
       Within the total provided for Mental Health Programs of 
     Regional and National Significance, the conference agreement 
     includes the following amounts:

------------------------------------------------------------------------
                     Budget activity                        Conference
------------------------------------------------------------------------
Capacity:

[[Page 20925]]

 
  Co-Occurring State Incentive Grant....................               0
  Seclusion  Restraint..................................       2,449,000
  Youth Violence Prevention.............................      23,200,000
  National Traumatic Stress Network.....................      45,800,000
  Children and Family Programs..........................       6,486,000
  Consumer and Family Network Grants ...................       6,236,000
  MH System Transformation and Health Reform............      10,623,000
  Project LAUNCH........................................      34,706,000
  Primary and Behavioral Health Care Integration........      30,807,000
  Community Resilience and Recovery Initiative..........               0
  Suicide Lifeline......................................       5,522,000
  GLS--Youth Suicide Prevention--States.................      29,738,000
  GLS--Youth Suicide Prevention--Campus.................       4,975,000
  AI/AN Suicide Prevention Initiative...................       2,944,000
  Homelessness Prevention Programs......................      30,830,000
  Older Adult Programs..................................               0
  Minority AIDS.........................................       9,283,000
  Criminal and Juvenile Justice Programs................       6,684,000
Science and Service:
  GLS--Suicide Prevention Resource Center...............       4,957,000
  Information Dissemination and Training................       7,878,000
  Consumer & Consumer Support T.A. Centers..............       1,927,000
  Primary/Behavioral Health Integration TA..............       2,000,000
  Minority Fellowship Program...........................       5,099,000
  Disaster Response.....................................       1,054,000
  Homelessness..........................................       2,306,000
  HIV/AIDS Education....................................         774,000
------------------------------------------------------------------------

       Within the funds provided for the National Child Traumatic 
     Stress Network, the conferees provide $1,000,000 for 
     continued data analysis and reports related to the National 
     Center for Child Traumatic Stress core data set.
       The conferees intend that funds provided to Project LAUNCH 
     should not duplicate activities eligible for funding 
     elsewhere in HHS.
       The conferees intend that all grants awarded for the 
     Primary and Behavioral Health Integration program are funded 
     under the authorities in section 520(K) of the PHS Act. In 
     addition, the conferees have provided $2,000,000 under a 
     separate budget line for SAMHSA to provide technical 
     assistance related to this program.
       Within the funds provided for the Minority Fellowship 
     Program, the conferees have provided an increase in funding 
     to allow SAMHSA to increase the pool of culturally competent 
     mental health professionals by granting professional 
     counselors eligibility to participate in the program.


                       SUBSTANCE ABUSE TREATMENT

       The conference agreement includes $2,123,993,000 for 
     Substance Abuse Treatment. In addition, $81,200,000 is made 
     available under section 241 of the PHS Act.
       Within the total provided for Programs of Regional and 
     National Significance, the conference agreement includes the 
     following amounts:

------------------------------------------------------------------------
                     Budget activity                        Conference
------------------------------------------------------------------------
Capacity:
    Co-occurring State Incentive Grants (SIGs)..........               0
    Opioid Treatment Programs/Regulatory Activities.....       8,903,000
    Screening, Brief Intervention, Referral, & Treatment      28,237,000
    TCE--General........................................      28,033,000
    Pregnant & Postpartum Women.........................      16,000,000
    Strengthening Treatment Access and Retention........       1,675,000
    Recovery Community Services Program.................       2,450,000
    Access to Recovery..................................      98,454,000
    Children and Families...............................      30,678,000
    Treatment Systems for Homeless......................      41,650,000
    Minority AIDS.......................................      65,988,000
    Criminal Justice Activities.........................      67,635,000
    NASPER..............................................               0
Science and Service:
    Addiction Technology Transfer Centers...............       9,081,000
    Minority Fellowship Program.........................         547,000
    Special Initiatives/Outreach........................       2,271,000
------------------------------------------------------------------------

       The conferees direct SAMHSA to ensure that Addiction 
     Technology Transfer Centers continue to maintain a primary 
     focus on addiction treatment and recovery services in order 
     to strengthen the addiction workforce.
       The conferees direct SAMHSA to ensure that all funding 
     appropriated to the Center for Substance Abuse Treatment for 
     drug treatment courts is allocated to serve people diagnosed 
     with a substance use disorder as their primary condition.
       The conferees direct SAMHSA to ensure that funds provided 
     for SBIRT are used for existing evidence-based models of 
     providing early intervention and treatment services to those 
     at risk of developing substance abuse disorders.


                       SUBSTANCE ABUSE PREVENTION

       The conference agreement includes $186,361,000 for 
     Substance Abuse Prevention.
       Within the total provided for Programs of Regional and 
     National Significance, the conference agreement includes the 
     following amounts:

------------------------------------------------------------------------
                     Budget activity                        Conference
------------------------------------------------------------------------
Capacity:
    Strategic Prevention Framework/Partnerships for          110,015,000
     Success............................................
    Mandatory Drug Testing..............................       5,206,000
    Minority AIDS.......................................      41,385,000
    Sober Truth on Preventing Underage Drinking (STOP          7,000,000
     Act)...............................................
        National Adult-Oriented Media Public Service           1,000,000
         Campaign.......................................
        Community-based Coalition Enhancement Grants....       5,000,000
        Intergovernmental Coordinating Committee on the        1,000,000
         Prevention of Underage Drinking................
Science and Service:
    Fetal Alcohol Spectrum Disorder.....................       9,821,000
    Center for the Application of Prevention                   8,074,000
     Technologies.......................................
    Science and Service Program Coordination............       4,789,000
    Minority Fellowship Program.........................          71,000
------------------------------------------------------------------------

       The conferees direct SAMHSA to fund the remaining cohort of 
     Strategic Prevention Framework State Incentive Grant grantees 
     at amounts not less than what they received in fiscal year 
     2011.
       The conferees note that building on the infrastructure of 
     current and past Drug Free Communities grantees is an 
     effective way to invest minimal federal dollars to address 
     underage drinking issues at the community level.


                HEALTH SURVEILLANCE AND PROGRAM SUPPORT

       The conference agreement includes $109,106,000 for health 
     surveillance and program support activities. In addition, 
     $27,428,000 is made available under section 241 of the PHS 
     Act.
       The conferees have included $3,500,000 to conduct Military 
     Families Initiatives policy academies.

               Agency for Healthcare Research and Quality


                    HEALTHCARE RESEARCH AND QUALITY

       The conference agreement includes a program level of 
     $369,053,000 for the Agency for Healthcare Research and 
     Quality. The conference agreement makes these funds available 
     through section 241 of the Public Health Service (PHS) Act.
       Within the total for the Crosscutting Activities Related to 
     Quality, Effectiveness and Efficiency Research portfolio, the 
     conferees provide $43,364,000 for investigator-initiated 
     research.

               Centers for Medicare and Medicaid Services


                     GRANTS TO STATES FOR MEDICAID

       The conference agreement includes $184,279,110,000 for the 
     Federal share of current law State Medicaid costs. In 
     addition, the agreement includes $90,614,082,000 for program 
     costs in the first quarter of fiscal year 2013.


                  PAYMENTS TO HEALTH CARE TRUST FUNDS

       The conference agreement includes $230,741,378,000 for the 
     Payments to Health Care Trust Funds account.


                           PROGRAM MANAGEMENT

       The conference agreement includes $3,879,476,000 for the 
     Program Management account. The agreement maintains the State 
     Health Insurance Assistance Program within the Program 
     Management account. The conferees recommend the following 
     levels within the Program Management account:

------------------------------------------------------------------------
                  Program Management
------------------------------------------------------------------------
Research, Demonstration and Evaluation................       $21,200,000
Program Operations....................................     2,663,935,000
State Survey and Certification........................       355,876,000
State High Risk Insurance Pools.......................        44,000,000
Federal Administration................................       794,465,000
------------------------------------------------------------------------

       The conferees include funding for Research, Demonstration, 
     and Evaluation activities, including the Medicare Current 
     Beneficiary Survey. The conferees encourage CMS to review the 
     programs within this account to determine if they are funded 
     in the appropriate budget line. Specifically, CMS is 
     encouraged to evaluate the advantages and disadvantages of 
     moving the Medicare Current Beneficiary Survey into the 
     Program Operations activity.
       Ambulatory Surgical Centers (ASC).--The conferees 
     understand that in 2008, ASCs provided 3.3 million Medicare 
     recipients with outpatient surgical services, including 
     screening services. The conferees have heard concerns related 
     to the use of the consumer price index for urban consumers 
     (CPI-U) to update the payment rates of ASCs, a different 
     method than is used for other comparable service providers. 
     The conferees request that CMS develop a report that compares 
     other potential options for updating the payment rates of 
     ASCs and report back the findings in the fiscal year 2013 
     budget request.
       CMS Test Environment for Testing Industry Solutions in 
     Secure Settings.--The conferees direct and provide $5,000,000 
     for CMS to provide a test environment ``sandbox'' where 
     vendors can work independently and with CMS to seek solutions 
     and execute ``proof of concept'' tests to Medicare issues in 
     a secure environment, using Medicare data, on CMS technical 
     architecture. The conferees recommend support within the 
     Enterprise IT Activities function to establish an isolated, 
     stand-alone test environment for independent vendor testing 
     of industry solutions that could provide significant benefit 
     to CMS operations. The test environment will provide 
     controlled access to Medicare data to run ``proof of 
     concept'' tests that determine solution effectiveness in 
     addressing Medicare issues such as improper payment and 
     quality measurement. The test environment must ensure data 
     privacy and security, comply with CMS technical architecture 
     standards, provide temporary access and secure connectivity 
     for vendor testing, and make relevant data sets available for 
     product testing. The conferees request a report and timeline 
     in the fiscal year 2013 budget request.
       Comparison of Residency Position.--The conferees request 
     CMS conduct an analysis evaluating the implementation of 
     Section 5503 of Public Law 111-148 on the allocation of 
     Medicare Graduate Medical Education (GME) resident slots to 
     hospitals. This analysis shall compare how residency slots 
     are allocated according to two assignment strategies. 
     Strategy one is the allocation of GME slots according to the 
     current final CMS Federal Rule as published in the Federal 
     Register on November 24, 2010. The current final rule states 
     that fiscal year 2009 report data not be included if it was 
     reported after March 23, 2010. Strategy two involves an 
     assessment of GME slot allocation which includes all fiscal 
     year 2009 cost reports, including data for hospitals whose 
     fiscal year ended on December 31, 2009, and as such have

[[Page 20926]]

     cost data reported after March 23, 2010. The report of this 
     analysis shall include the number of Medicare GME slots 
     allocated to each hospital under the two different allocation 
     strategies. The conferees request CMS provide the final 
     report with the detailed hospital level information under 
     each option to the House and Senate Appropriations Committees 
     not later than 6 months after enactment.
       Dialysis Facilities.--The conferees are concerned by 
     reports of delays in the processing for surveys and 
     certifications for dialysis facilities and encourage CMS to 
     reduce the wait times. Further, the conferees request CMS 
     report back to the Congress within 6 months on major 
     impediments related to processing applications timely and 
     provide its plan to address these impediments.
       The conferees urge CMS to develop an overall strategic plan 
     that links its vision for operations, program integrity, 
     information technology, and other areas into a comprehensive 
     approach with measurable objectives and resources. The 
     conferees request a copy of this plan no later than 180 days 
     after enactment.


              HEALTH CARE FRAUD AND ABUSE CONTROL ACCOUNT

       The conference agreement includes $310,377,000 from the 
     Medicare trust funds for the Health Care Fraud and Abuse 
     Control Account.

                Administration for Children and Families


                   LOW INCOME HOME ENERGY ASSISTANCE

       The conference agreement includes $3,478,246,000 for the 
     Low Income Home Energy Assistance Program.


                     REFUGEE AND ENTRANT ASSISTANCE

       The conference agreement includes $769,789,000 for Refugee 
     and Entrant Assistance programs.
       Within the total provided for Transitional and Medical 
     Services, the conferees include $65,000,000 for the voluntary 
     agency matching grant program.
       Within the total for Unaccompanied Alien Children, the 
     conference agreement includes up to $6,100,000 for the pro 
     bono legal services pilot to ensure legal representation for 
     both released and detained children.


                 CHILD CARE AND DEVELOPMENT BLOCK GRANT

       The conference agreement includes $2,282,627,000 for the 
     Child Care and Development Block Grant.


                CHILDREN AND FAMILIES SERVICES PROGRAMS

       The conference agreement includes $9,926,709,000 for 
     Children and Families Services Programs. In addition, 
     $5,762,000 is made available under section 241 of the Public 
     Health Service (PHS) Act.
       The conferees direct that not later than 120 days after 
     enactment, ACF shall submit to the Committee on Health, 
     Education, Labor and Pensions of the Senate and the Committee 
     on Education and the Workforce of the House of 
     Representatives the results of the study related to suspected 
     and known instances of child abuse and neglect, as required 
     under section 110(d) of the Child Abuse Prevention and 
     Treatment Reauthorization Act of 2010.
       The conference agreement includes up to $10,000,000 for the 
     Healthy Foods Financing Initiative within the Community 
     Economic Development Program.


                   PROMOTING SAFE AND STABLE FAMILIES

       The conference agreement includes $345,000,000 in mandatory 
     funds for Promoting Safe and Stable Families.

                        Administration on Aging


                        AGING SERVICES PROGRAMS

       The conference agreement includes $1,473,703,000 for Aging 
     Services Programs. The conferees urge the Administration on 
     Aging (AA) to improve its consultation with the Committees on 
     Appropriations regarding any reallocation of funds that may 
     occur after the submission of its congressional 
     justification. The conferees have not transferred the SHIP 
     program from CMS.

                        Office of the Secretary


                    GENERAL DEPARTMENTAL MANAGEMENT

       The conference agreement includes $475,221,000 for General 
     Departmental Management. In addition, the conference 
     agreement includes $69,211,000 in funding from the Public 
     Health Service program evaluation set-aside.
       Within the funds for the Office of the Secretary, the 
     conference agreement designates $1,000,000 for the Office of 
     the Assistant Secretary for Financial Resources to begin 
     implementing a new, integrated system that can accurately 
     track and report the Department's finances, including by 
     source year of the appropriation.
       The conference agreement provides $9,000,000 for the Office 
     of the Assistant Secretary for Public Affairs.
       The conference agreement provides $250,000 for the Advisory 
     Council on Alzheimer's Research, Care and Services, 
     $1,000,000 for a competitive grant program to provide 
     assistance regarding transportation assistance for 
     individuals with disabilities, $1,000,000 to continue the 
     national health education program on lupus for healthcare 
     providers, and $3,010,000 to continue the preventing violence 
     against women initiative, all as proposed in Senate Report 
     112-84.
       In addition, the conference agreement includes $1,000,000 
     for the Assistant Secretary for Health to contract with the 
     National Academy of Sciences to conduct a scientific peer 
     review of the 12th Report on Carcinogens determinations 
     related to formaldehyde and styrene. Included in the review 
     should be all relevant, peer-reviewed research related to 
     both formaldehyde and styrene.
       The conference agreement includes no funding for the 
     Adolescent Family Life program, as proposed in the budget 
     request.
       The conference agreement provides $104,790,000 for the 
     teenage pregnancy prevention initiative. In addition, 
     $8,455,000 is to be derived from the Public Health Service 
     program evaluation set-aside, including $4,000,000 to carry 
     out evaluations (including longitudinal evaluations) of 
     teenage pregnancy prevention approaches.
       The conference agreement also includes $5,000,000 for an 
     abstinence education program.


                OFFICE OF MEDICARE HEARINGS AND APPEALS

       The conference agreement includes $72,147,000 for the 
     Office of Medicare Hearings and Appeals.


  OFFICE OF THE NATIONAL COORDINATOR FOR HEALTH INFORMATION TECHNOLOGY

       The conference agreement includes $61,257,000 for the 
     Office of the National Coordinator for Health Information 
     Technology, of which $16,446,000 is provided in budget 
     authority and $44,811,000 is made available through the 
     Public Health Service program evaluation set-aside.


                      OFFICE OF INSPECTOR GENERAL

       The conference agreement includes $50,178,000 for the 
     Office of Inspector General.


                        OFFICE FOR CIVIL RIGHTS

       The conference agreement includes $41,016,000 in budget 
     authority only for the Office for Civil Rights.


            PUBLIC HEALTH AND SOCIAL SERVICES EMERGENCY FUND

                     (INCLUDING TRANSFER OF FUNDS)

       The conference agreement includes $984,452,000 for the 
     Public Health and Social Services Emergency Fund.
       Within the total for Preparedness and Emergency Operations, 
     the conference agreement includes $10,000,000 to prepare for 
     and respond to non-Stafford Act National Special Security 
     Events and makes such funds available until September 30, 
     2014.
       The conferees direct the Biomedical Advanced Research and 
     Development Authority to develop a plan to deliver 
     recombinant anthrax vaccine to the Strategic National 
     Stockpile by 2015 and brief the House and Senate Committees 
     on Appropriations on such a plan not later than 60 days after 
     enactment of this Act.

                           General Provisions


          SALARY CAP ON GRANTS AND OTHER EXTRAMURAL MECHANISMS

       The conference agreement includes a general provision 
     capping the permitted use of grant and contract funds that 
     may be used to pay the salary of a grantee to Executive Level 
     II and applies the cap to all HHS operating divisions funded 
     in this Act.


                           TRANSFER AUTHORITY

                          (TRANSFER OF FUNDS)

       The conference agreement modifies a general provision 
     providing the Secretary of Health and Human Services the 
     authority to transfer up to 1 percent of discretionary funds 
     between appropriations accounts.


       CENTERS FOR DISEASE CONTROL AND PREVENTION STAFF TRAINING

       The conference agreement modifies a general provision 
     regarding Centers for Disease Control and Prevention 
     Individual Learning Accounts.


                   NIH MINOR REPAIRS AND ALTERATIONS

       The conference agreement modifies a general provision 
     allowing NIH to use up to $45,000,000 for alteration, repair 
     or improvement of its facilities and caps the amount that can 
     be spent on any single project to $3,500,000.


                              GUN CONTROL

       The conference agreement modifies a provision previously 
     carried in the CDC account that prohibits any HHS operating 
     division funded in this Act from being used to advocate or 
     promote gun control.


           FEDERALLY FUNDED RESEARCH AND DEVELOPMENT CENTERS

       The conference agreement includes a general provision 
     prohibiting creation of a new Federally Funded Research and 
     Development Center unless certain conditions are met.

                               TITLE III

                        DEPARTMENT OF EDUCATION

                    Education for the Disadvantaged

       The conference agreement includes $15,750,983,000 for 
     Education for the Disadvantaged. The conference agreement 
     provides $4,909,806,000 in fiscal year 2012 and 
     $10,841,177,000 in fiscal year 2013 funding for this account.
       For Title I School Improvement Grants, the conference 
     agreement continues bill language permitting fiscal year 2012 
     appropriations to be used by local educational agencies to 
     serve any Title I, part A-eligible school that has not made 
     adequate yearly progress for at least two years or is in a 
     State's lowest quintile of performance based on proficiency 
     rates and, in the case of secondary schools, priority shall 
     be given to

[[Page 20927]]

     those schools with graduation rates below 60 percent.
       The conference agreement includes language permitting the 
     Secretary to establish a maximum subgrant size of $2,000,000 
     for Title I School Improvement Grants and allows the 
     Secretary to reserve up to 5 percent of school improvement 
     funds for State and local capacity building.
       The conferees note that many children in schools receiving 
     SIG funds face myriad personal, familial, and community 
     challenges (including poverty-related stressors), and these 
     challenges follow students into their schools, often 
     resulting in distracting, disruptive, and ineffective 
     learning environments. Even the best school leaders and 
     teachers cannot achieve optimal results unless poverty-
     related barriers to teaching, learning, and school 
     organization are addressed and effective conditions for 
     learning are established. These barriers to teaching and 
     learning must be addressed in addition to in-school factors 
     in order to achieve sustained academic success.
       The conferees direct the Department to require that all 
     schools receiving SIG funds have a plan in place for 
     addressing the academic and non-academic needs of their 
     students, including improving the overall school climate 
     where necessary, in addition to addressing factors such as 
     the usage of time, instructional practices, and professional 
     development and supports. The conferees expect the plan to 
     assess and address as appropriate the mental health needs and 
     interventions of the students at the school in an integrated 
     manner within the overall turnaround strategy; related 
     training and professional development for all staff that 
     increase classroom efficacy such as classroom organization 
     and management, including teachers and administrators; access 
     to school-based counseling services; the development of 
     school-based systems, such as teams, to identify and address 
     individual student academic, behavioral, health, or social 
     needs and to support a positive and developmentally 
     appropriate school climate; and how parents, families and the 
     community will be engaged in this and other aspects of the 
     school turnaround process.
       For the Striving Readers program, the conference agreement 
     includes $160,000,000 and bill language to continue a 
     comprehensive literacy program for States.

                               Impact Aid

       The conference agreement includes $1,293,631,000 for Impact 
     Aid. In addition, the conference agreement includes bill 
     language providing for competitive grants for Impact Aid 
     construction grants.

                      School Improvement Programs

       The conference agreement includes $4,550,018,000 for the 
     School Improvement Programs account. The conference agreement 
     provides $2,868,577,000 in fiscal year 2012 and 
     $1,681,441,000 in fiscal year 2013 funding for this account.
       Within the amount provided for Teacher Quality State 
     Grants, the conference agreement provides a set aside of one 
     and one-half percent of funds for competitive awards for 
     teacher or principal training or professional enhancement 
     activities to national not-for-profit organizations.
       The conference agreement includes bill language that allows 
     funds under the Education of Native Hawaiians program to be 
     used for construction, renovation, and modernization of any 
     elementary school, secondary school, or related structure run 
     by the Department of Education of the State of Hawaii that 
     serves a predominantly Native Hawaiian student body.
       The conference agreement also includes bill language that 
     requires the Alaska Native Education program to be awarded 
     without regard to earmarks included in the program's 
     authorizing statute. The conference agreement also allows 
     funds within this program to be used for construction.
       The conferees intend that in providing the technical 
     assistance and guidance described in Senate Report 112-84, 
     the Department of Education should not give priority to, show 
     preference for, or provide direction about whether 
     communities use 21st Century Community Learning Center funds 
     for after school, before school, summer school or extended 
     school day programs, unless specifically requested by a State 
     or local educational agency.
       The conference agreement provides $27,000,000 for the 
     Advanced Placement program. The conferees intend that 
     $20,000,000 of these funds be used to continue the Advanced 
     Placement Test Fee program and that $7,000,000 be used for 
     continuation costs for the Advanced Placement Incentive 
     Program.

                            Indian Education

       The conference agreement includes $131,027,000 for Indian 
     Education.
       The conferees recognize that tribal education departments 
     and agencies are uniquely situated at the local level to 
     implement innovative education programs to improve Native 
     American education. Accordingly, the conference agreement 
     includes $2,000,000 under the National Activities line for a 
     pilot project to increase the role of tribal education 
     departments in Native American education. In the pilot, 
     tribal education agencies would directly administer some 
     Elementary and Secondary Education Act programs to enter into 
     collaborative agreements with States to work closely with 
     school districts located on Indian reservations or former 
     Indian reservations located in Oklahoma. The conferees expect 
     the Department of Education to collaborate with the Bureau of 
     Indian Affairs on this effort.

                       Innovation and Improvement

       The conference agreement includes $1,530,429,000 for 
     Innovation and Improvement.
       The conference agreement includes $550,000,000 for the Race 
     to the Top program and authorizes the Secretary to make 
     grants under this authority to local educational agencies. 
     The conferees expect that the Secretary will include a robust 
     early childhood education component in administering the Race 
     to the Top competition. The conference agreement also 
     authorizes the Secretary to use up to five percent of funds 
     under the Race to the Top and Investing in Innovation 
     authorities for technical assistance and evaluation of these 
     programs.
       The conference agreement continues language in the Teacher 
     Incentive Fund program that provides for competitive grants 
     to implement performance-based compensation systems for 
     teachers, principals and other personnel in high-need 
     schools.
       In the charter schools program, the conference agreement 
     continues language requiring $23,000,000 to be used to 
     support charter school facilities needs. The conference 
     agreement also includes language allowing the Secretary to 
     reserve up to $55,000,000 to make multiple awards to 
     nonprofit charter management organizations and other entities 
     that are not-for-profit entities for replication and 
     expansion of successful charter school models.
       The conference agreement also includes bill language for 
     the charter school program requiring the Secretary of 
     Education to reserve up to $11,000,000 for national 
     activities for technical assistance, evaluation and to make 
     grants to authorized public chartering agencies in order to 
     increase the number of high-performing charter schools.
       Within FIE, the conference agreement includes funding for 
     the following activities in the following amounts:

------------------------------------------------------------------------
                                                            Conference
                     Budget activity                         agreement
------------------------------------------------------------------------
Arts in Education.......................................     $25,000,000
Data Quality and Evaluation.............................       1,300,000
Full Service Community Schools..........................      10,113,000
National Clearinghouse for Educational Facilities.......         733,000
Peer Review.............................................         100,000
------------------------------------------------------------------------

       The conference agreement also includes $28,654,000 for a 
     literacy initiative within FIE as described in Senate Report 
     112-84.

                 Safe Schools and Citizenship Education

       The conference agreement includes $256,237,000 for Safe 
     Schools and Citizenship Education. Within this total, 
     $60,000,000 is provided for Promise Neighborhoods with 
     funding available through December 31, 2012.

                      English Language Acquisition

       The conference agreement includes $733,530,000 for English 
     Language Acquisition.

                           Special Education

       The conference agreement includes $12,647,066,000 for 
     Special Education. The conference agreement provides 
     $3,363,683,000 in fiscal year 2012 and $9,283,383,000 in 
     fiscal year 2013 funding for this account.
       The conference agreement includes $2,000,000 to remain 
     available through September 30, 2013 for a program to improve 
     the outcomes of children receiving Supplemental Security 
     Income (SSI) benefits and their families. The agreement 
     allows States to subgrant funds to other public and private 
     non-profit entities. The conferees note that additional funds 
     for this PROMISE initiative are available through the 
     Rehabilitation Services and Disability Research Account and 
     Social Security Administration.

            Rehabilitation Services and Disability Research

       The conference agreement includes $3,512,019,000 for 
     Rehabilitation Services and Disability Research.
       The conference agreement includes language allowing the 
     Secretary to use amounts that remain available after 
     reallotment of State vocational rehabilitation funds for 
     activities to improve the outcomes of children receiving SSI 
     benefits and their families, allows States to make subgrants 
     of such funds to other public and private, non-profit 
     entities and extends availability of these funds to September 
     30, 2013.
       The conference agreement provides $2,000,000 for 
     competitive grants to support alternative financing programs 
     that provide for the purchase of assistive technology (AT) 
     devices. The conferees' goal in providing these funds is to 
     allow greater access to affordable financing to help people 
     with disabilities purchase the specialized technologies 
     needed to live independently, to succeed at school and work 
     and to otherwise live active and productive lives. The 
     conferees intend that applicants incorporate credit building 
     activities in their programs, including financial education 
     and information about other possible funding sources. 
     Successful applicants must emphasize consumer choice and 
     control and build programs

[[Page 20928]]

     that will provide financing for the full array of AT devices 
     and services and ensure that all people, regardless of type 
     of disability or health condition, age, level of income and 
     residence have access to the program.

           Special Institutions for Persons with Disabilities


               NATIONAL TECHNICAL INSTITUTE FOR THE DEAF

       The conference agreement includes $65,546,000 for 
     operations for the National Technical Institute for the Deaf. 
     The conferees have consolidated funds into the operations 
     line for NTID this year due to fiscal constraints, but will 
     consider construction funding for NTID in the future as needs 
     may warrant.


                          GALLAUDET UNIVERSITY

       The conference agreement includes $125,754,000 for 
     Gallaudet University. The conference agreement includes bill 
     language designating $7,990,000 of this amount for 
     construction and provides that the funds are available until 
     expended.

                 Career, Technical, and Adult Education

       The conference agreement includes $1,738,946,000 for 
     Career, Technical, and Adult Education. The conference 
     agreement provides $947,946,000 in fiscal year 2012 funding 
     and $791,000,000 in fiscal year 2013 funding for this 
     account.

                      Student Financial Assistance

       The conference agreement includes $24,538,521,000 for 
     Student Financial Assistance.
       The conference agreement includes $22,824,000,000 for the 
     Pell Grant program. The funds in this conference agreement 
     will support a $4,860 maximum discretionary Pell grant for 
     the 2012-2013 award year.
       The conferees concur that the Department shall provide the 
     same funding in fiscal year 2012 for the Work Colleges 
     program authorized under section 448 of the Higher Education 
     Act from the Federal Work-Study Program appropriation.

                       Student Aid Administration

       The conference agreement includes $1,045,363,000 for 
     student aid administration. Within the total, $370,000,000 is 
     provided for servicing activities and $675,363,000 is 
     provided for salaries and expenses to remain available until 
     September 30, 2013.
       The conferees direct the Department to provide a report by 
     April 1, 2012 and quarterly reports thereafter detailing 
     their obligation plan by quarter for spending mandatory and 
     discretionary funding for student aid administrative 
     activities broken out by servicer, activity and funding 
     source.

                            Higher Education

       The conference agreement includes $1,873,196,000 for Higher 
     Education.
       The conference agreement provides $74,177,000 for 
     International Education and Foreign Language Studies. The 
     conferees acknowledge that funding provided in the conference 
     agreement for international education will likely only allow 
     funding for continuation costs. The conferees encourage the 
     Department to look for ways to support undergraduate study 
     abroad programs as authorized by section 604 of the Higher 
     Education Act (HEA).
       The conference agreement includes language that allows 
     international education funds to be used to support visits 
     and study in foreign countries to develop language skills and 
     allows up to one percent of international education funds to 
     be used for evaluation, outreach and information 
     dissemination. The conferees direct the Secretary to use 
     international education domestic program funding to maintain 
     a focus on continuing instruction in foreign languages that 
     are less commonly taught, emphasize those critical for 
     national security, and to maintain a pool of international 
     experts for national security needs.
       The conference agreement continues language that requires 
     recipients of a multi-year award under the tribal colleges 
     program to continue to receive the amount they would have 
     received prior to the Higher Education Act's reauthorization 
     in accordance with the original award terms.
       The conference agreement includes language which 
     consolidates the Javits Fellowship program within the 
     Graduate Assistance in Areas of National Need Program as 
     proposed by the Administration.
       Within the amount for FIPSE, the conference agreement 
     includes $1,130,000 for the Training for Realtime Writers 
     program. The conferees direct that these funds be awarded in 
     accordance with section 872 of the HEA.
       Within the amount for FIPSE, $2,103,000 is included for the 
     European Union-United States Atlantis Program. The conferees 
     direct that these funds be awarded in accordance with section 
     744 of the HEA.
       Within the amount for FIPSE, $267,000 is for continuation 
     of a data contract.
       The conferees continue to be concerned with the tardiness 
     of the Department in making TRIO and GEARUP awards this year. 
     Accordingly, the conferees direct the Department to provide a 
     report to the Committees on Appropriations of both the House 
     and the Senate outlining the causes of grant award delays and 
     providing an action plan for remedying this situation in the 
     future.

                           Howard University

       The conference agreement provides $234,507,000 for support 
     for Howard University and Howard University Hospital.

  Historically Black College and University Capital Financing Program

       The conference agreement includes $20,541,000 for the HBCU 
     Capital Financing Program. The conference agreement provides 
     a total loan principal of $367,255,000 and includes language 
     to allow funds to be used to support loans without regard to 
     section 344(a) of the Higher Education Act.

                    Institute of Education Sciences

       The conference agreement includes $594,788,000 for the 
     Institute of Education Sciences to remain available through 
     fiscal year 2013. The agreement provides $11,000,000 for 
     awards to public or private organizations or agencies to 
     support activities to improve data coordination, quality and 
     use at the local, State and national levels and modifies 
     language to clarify that funds for statewide data systems may 
     be used to link various State systems together.

                        Departmental Management


                         PROGRAM ADMINISTRATION

       The conference agreement includes $447,104,000 for Program 
     Administration.
       The conferees are aware that the Government Accountability 
     Office issued a report this year which identified 82 federal 
     programs designed to improve teacher quality spread across 
     several federal agencies, including 64 at the Department of 
     Education. The conferees note that the report ``recognize[d] 
     that there could be instances where some degree of program 
     duplication, overlap, or fragmentation may be warranted due 
     to the nature or magnitude of the federal effort''. The 
     conferees also note that under the fiscal year 2011 bill and 
     this conference agreement nearly 25 percent of the identified 
     programs within the Department have been consolidated or 
     eliminated.The conferees request the Department to issue a 
     report within 180 days of enactment of this Act that 
     identifies remaining programs designed to improve teacher 
     quality, which agency administers the program, the most 
     recent program evaluation data available for each (if any), 
     and includes recommendations on how agencies can better 
     collaborate and coordinate on administration of these 
     programs.

                           General Provisions


                           TRANSFER OF FUNDS

       The conference agreement includes language allowing the 
     Secretary to transfer not to exceed one percent of 
     appropriated funds between appropriations, provided that no 
     appropriation is increased by more than three percent as a 
     result of such transfer, and that no new programs are 
     created, nor programs for which funds were not appropriated 
     are funded, as a result of such transfer. The conference 
     agreement also requires the Secretary to notify the 
     Committees on Appropriations of both the House and the Senate 
     at least 15 days in advance of any transfer.


                   OUTLYING AREAS FUNDS CONSOLIDATION

       The conference agreement includes a general provision that 
     extends Palau's eligibility to participate in certain 
     education programs through the end of fiscal year 2012.


                            PELL ELIGIBILITY

       The conference agreement includes changes to limit the 
     number of full-time equivalent Pell grants to a lifetime 
     maximum of six years/twelve semesters; to lower the adjusted 
     gross income level at which an expected family contribution 
     will automatically receive a ``zero'' to $23,000; to raise 
     the minimum award for eligibility to ten percent of the 
     maximum award; and to require students to either have 
     completed a high school diploma, a GED, or have been 
     homeschooled to be eligible for a Pell award, unless they 
     were enrolled prior to July 1, 2012. The conference agreement 
     further provides that these provisions will take effect on 
     July 1, 2012 and that negotiated rulemaking will not apply to 
     changes made by these amendments.


                      INTEREST SUBSIDY ELIMINATION

       The conference agreement includes language that suspends 
     for two years the interest subsidies on loans made on or 
     after July 1, 2012 through June 30, 2014 during the six-month 
     grace period following a student's withdrawal or graduation.


                           STUDENT LOAN INDEX

       The conference agreement includes language that changes the 
     index used for holders of federal student loans from 
     commercial paper to LIBOR.

                   HBCU Gulf Hurricane Disaster Loans

       The conference agreement includes language that authorizes 
     the Secretary to modify terms of Gulf hurricane disaster 
     loans to HBCUs if such modifications result in no net cost to 
     the government and if such modifications are approved by the 
     Departments of Education, Treasury and the Office of 
     Management and Budget.


                 RACE TO THE TOP SUBGRANTING AUTHORITY

       The conference agreement includes language that clarifies 
     that a State may make subgrants to public or private agencies 
     and organizations under the early childhood component of the 
     Race to the Top program. Not later than 60 days after 
     enactment of this Act, the conferees direct the Department to 
     provide a briefing on expected outcomes of grantees awarded 
     funds from the

[[Page 20929]]

     fiscal year 2011 Race to the Top appropriation, including 
     specifically how this subgranting authority will contribute 
     to the successful implementation of State plans.

                                TITLE IV

                            RELATED AGENCIES

 Committee for Purchase from People who are Blind or Severely Disabled

       The conference agreement includes $5,385,000 for the 
     Committee for Purchase from People Who Are Blind or Severely 
     Disabled.

             Corporation for National and Community Service


                           OPERATING EXPENSES

       The conference agreement includes $751,672,000 for the 
     operating expenses of the programs administered by the 
     Corporation for National and Community Service (CNCS).
       Within the total provided for Innovation, Assistance, and 
     Other Activities, the conference agreement includes 
     $53,381,000, which includes $44,900,000 for the Social 
     Innovation Fund, $3,992,000 for the Volunteer Generation 
     Fund, and $1,000,000 for the Martin Luther King Day of 
     Service. The conferees have included language allowing CNCS 
     to make minimum grants of $200,000 to State Service 
     Commissions to spread funding more equitably across the 
     Nation.


                         NATIONAL SERVICE TRUST

                     (INCLUDING TRANSFER OF FUNDS)

       The conference agreement includes $212,198,000 for the 
     National Service Trust.


                         SALARIES AND EXPENSES

       The conference agreement includes $83,000,000 for the CNCS 
     Salaries and Expenses.


                           INSPECTOR GENERAL

       The conference agreement includes $4,000,000 for the CNCS 
     Inspector General Office.


                       ADMINISTRATIVE PROVISIONS

       The conferees have included a new provision that clarifies 
     the use of Education Awards at G.I. Bill institutions related 
     to CNCS.

                  Corporation for Public Broadcasting

       The conference agreement includes a fiscal year 2014 
     advance appropriation of $445,000,000 for the Corporation for 
     Public Broadcasting (CPB).
       In addition, the conferees request CPB provide a report 
     within 180 days of enactment to House and Senate Committees 
     on Appropriations on alternative sources of funding for 
     public broadcasting stations in lieu of federal funding.

               Federal Mediation and Conciliation Service


                         SALARIES AND EXPENSES

       The conference agreement includes $46,250,000 for the 
     Federal Mediation and Conciliation Service and does not 
     include funding for the Labor-Management Cooperation Grant 
     program.

            Federal Mine Safety and Health Review Commission


                         SALARIES AND EXPENSES

       The conference agreement includes $17,637,000 for the 
     Federal Mine Safety and Health Review Commission.

                Institute of Museum and Library Services


    OFFICE OF MUSEUM AND LIBRARY SERVICES: GRANTS AND ADMINISTRATION

       The conference agreement includes $232,393,000 for the 
     Institute of Museum and Library Services (IMLS).
       Within the total for IMLS, the conference agreement 
     includes funds for the following activities in the following 
     amounts:

------------------------------------------------------------------------
                     Budget activity                        Conference
------------------------------------------------------------------------
Library Services Technology Act:
    Grants to States....................................         156,661
    Native American Library Services....................           3,876
    National Leadership: Libraries......................          11,968
    Laura Bush 21st Century Librarian...................          12,548
Museum Services Act:
    Museums for America.................................          18,064
    21st Century Museum Professionals...................           1,972
    Conservation Project Support........................           2,619
    Native American/Hawaiian Museum Services............             927
    National Leadership: Museums........................           5,923
African American History and Culture Act:
    Museum Grants for African American History & Culture           1,413
Program Administration..................................          16,422
------------------------------------------------------------------------

       Within the amount provided for Program Administration, the 
     conference agreement includes $1,889,000 for research and 
     data collection activities.

            Medicaid and CHIP Payment and Access Commission


                         salaries and expenses

       The conference agreement includes $6,000,000 for the 
     Medicaid and CHIP Payment and Access Commission.

                  MEDICARE PAYMENT ADVISORY COMMISSION


                         SALARIES AND EXPENSES

       The conference agreement includes $11,800,000 for the 
     Medicare Payment Advisory Commission.

                     National Council on Disability

       The conference agreement includes $3,264,000 for the 
     National Council on Disability.

                     National Labor Relations Board


                         SALARIES AND EXPENSES

       The conference agreement includes $278,833,000 for the 
     National Labor Relations Board.


                       ADMINISTRATIVE PROVISIONS

       The conference agreement includes a new provision that 
     prohibits the National Labor Relations Board from issuing any 
     new administrative directive or regulation related to 
     electronic voting.

                       Railroad Retirement Board


                      LIMITATION ON ADMINISTRATION

       The conference agreement includes $108,855,000 for 
     administrative expenses of the Railroad Retirement Board.

                     Social Security Administration


                      SUPPLEMENTAL SECURITY INCOME

       The conference agreement includes $37,582,991,000 for the 
     Supplemental Security Income (SSI) program. Within this 
     amount, the agreement includes $8,000,000, available through 
     fiscal year 2013, for the Research and Demonstration activity 
     conducted under sections 1110 and 1144 of the Social Security 
     Act to support research activities like PROMISE, the 
     Occupational Information System, and the Disability Research 
     Consortium. The conferees encourage the Commissioner to 
     develop policies related to section 1110 research portfolio 
     governance related to funding and ensure projects meet the 
     intent of section 1110. Such policies should ensure that 
     research projects, with very limited exceptions, are either 
     discontinued or graduated into a more appropriate funding 
     line within 5 years from project's beginning. The conferees 
     direct SSA to include in its operating plan funding 
     allocations by project at the level of detail included in its 
     congressional budget justification and expect advance 
     notification of any subsequent realignment of funds within 
     those activities.


                 LIMITATION ON ADMINISTRATIVE EXPENSES

       The conference agreement includes $10,984,494,000 for a 
     Limitation on Administrative Expenses (LAE) for the SSA, 
     including dedicated program integrity funding and applicable 
     user fees.
       Information Technology Investments.--The conferees direct 
     SSA to include information in its congressional budget 
     justification each year regarding LAE expired unobligated 
     balances and the amount made available from these balances 
     without fiscal year limitation for information technology 
     investments. This should include actual or estimated amounts 
     for the prior, current, and budget years. In addition, the 
     conferees direct SSA to include a consolidated information 
     technology plan in its congressional budget justification 
     each year, including the total amount of Information 
     Technology (IT) expenses and the actual or estimated amount 
     paid for with LAE funds and no-year IT funds.
       Independent SSA Resource Analysis and Strategy.--With a 
     large percentage of SSA's workforce eligible for retirement, 
     and short- and long-term constraint on available resources, 
     the conferees are concerned that SSA faces continued service 
     delivery challenges in the coming decades. Therefore, the 
     conferees provide SSA with up to $500,000 to contract with 
     the National Academy of Public Administration to develop and 
     submit a report proposing a long-range strategic plan for 
     SSA's consideration. This report shall be conducted in 
     consultation with SSA and its stakeholders and address the 
     following: an evaluation of SSA's existing organizational 
     structure, workforce capacity, physical infrastructure and 
     review of SSA's electronic service delivery and investment in 
     automation and information technology. The report shall be 
     submitted within 180 days of enactment to the House and 
     Senate Committees on Appropriations, the House Committee on 
     Ways and Means and the Senate Committee on Finance.
       Annual Social Security Statement Review.--The conferees 
     note the public value of the annual Social Security 
     statement. The conferees encourage the Commissioner to 
     examine a broad range of options for continuing to provide 
     the information included in the annual statement to the 
     public and request a report no later than March 2012 to 
     examine options to continue to do so. The report should 
     examine the advantages and disadvantages, costs, benefits, 
     and other potential implications to each method considered. 
     The conferees request the Commissioner submit the report to 
     the House and Senate Committees on Appropriations, the House 
     Committee on Ways and Means and the Senate Committee on 
     Finance.
       DOL and SSA Occupational Handbook.--The conferees 
     appreciate the steps SSA has taken to update occupational 
     information used by the SSA to adjudicate claims for 
     disability benefits. The conferees urge DOL and SSA to 
     continue to work together on this effort and submit a joint 
     report to the House and Senate Committees on Appropriations, 
     the House Committee on Ways and Means, and the Senate 
     Committee on Finance with a timeline, major milestones, and 
     projected 5-year costs of this project within 180 days of 
     enactment of this bill and to provide annual progress reports 
     thereafter.
       Budget Request.-- The conferees direct SSA to include the 
     following information in its annual budget requests, 
     operating plans, and reprogramming requests:
       SSI Extramural Research and Demonstration program, project, 
     and activity details;

[[Page 20930]]

       Annual fiscal year workload table on disability appeals at 
     the same level of detail as provided in the House fiscal year 
     2011 questions for the record;
       Annual performance targets for pending cases and processing 
     times for the reconsideration level of appeal;
       Updates on the new national data center project milestones 
     and plans to use the projected IT refresh/replacement, 
     operations, and repair/maintenance funds over the next 5 
     years to outfit the new facility;
       FTE table by major component for the prior actual year at 
     the level of detail as answered in the House fiscal year 2011 
     hearing question for the record; and
       Identification of key assumption and cost drivers for each 
     program.
       The conferees note the required operating plan and 
     reprogramming rules in the bill apply to SSA at the program, 
     project, and activity level for all funds provided.


                    OFFICE OF THE INSPECTOR GENERAL

                     (INCLUDING TRANSFER OF FUNDS)

       The conference agreement includes $102,477,000 for the SSA 
     Office of the Inspector General (OIG).
       Video Technology.--The conferees note the recent 
     Administrative Conference of the United States report that 
     referred to ODAR's use of video technology as a model for 
     other agencies. The conferees request a report by OIG within 
     180 days of enactment analyzing legislative and 
     administrative options, including potential challenges, for 
     expanding access to video hearings. The report should analyze 
     the costs and benefits to the claimant, claimant 
     representatives, and taxpayers related to the current use and 
     potential expansion of the use of video hearings by SSA. The 
     report should be sent to the House and Senate Appropriations 
     Committees, the House Committee on Ways and Means and the 
     Senate Committee on Finance.

                                TITLE V

                           GENERAL PROVISIONS


                          LOBBYING RESTRICTION

       The conference agreement modifies a general provision 
     related to lobbying.


                       STATUS OF FUNDS REPORTING

       The conference agreement includes a general provision that 
     requires the Departments of Labor, Health and Human Services, 
     and Education and the Social Security Administration to 
     report quarterly on unobligated balances, by source year, 
     beginning on October 1, 2012. The conferees direct the 
     Departments of Labor, Health and Human Services, and 
     Education and the Social Security Administration to continue 
     providing quarterly status of funds reports as have been 
     provided during fiscal year 2011.

[[Page 20931]]

     
     


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[[Page 21005]]

        DIVISION G--LEGISLATIVE BRANCH APPROPRIATIONS ACT, 2012

       The following is an explanation of the effects of Division 
     G, which makes appropriations for the Legislative Branch for 
     fiscal year 2012. Unless otherwise noted, reference to the 
     House and Senate reports are to House Report 112-148 and 
     Senate Report 112-80. The language included in House Report 
     112-148 and Senate Report 112-80 should be complied with and 
     carry the same emphasis as the language included in the 
     explanatory statement, unless specifically addressed to the 
     contrary in this explanatory statement. While repeating some 
     report language for emphasis, this explanatory statement does 
     not intend to negate the language referred to above unless 
     expressly provided herein.

                                TITLE I

                           LEGISLATIVE BRANCH


                                 SENATE

       The conferees agree to appropriate $868,593,000 for Senate 
     operations. This item relates solely to the Senate, and is in 
     accordance with long practice under which each body 
     determines its own housekeeping requirements and the other 
     concurs without intervention.
       The conferees note one technical correction to the chart 
     included in Senate Report 112-80 under the heading Senators' 
     Official Personnel and Office Expense Allowance Fiscal Year 
     2012 to take into account a population change for the state 
     of Colorado that was inadvertently omitted.

----------------------------------------------------------------------------------------------------------------
                                                           Administrative
                                                            and clerical   Legislative    O.O.E.A.      Total
                          State                              assistance     assistance   allowance    allowance
                                                           allowance 10/1/  allowance    10/1/2011    10/1/2011
                                                                2011        10/1/2011
----------------------------------------------------------------------------------------------------------------
Colorado.................................................      2,431,275       477,874      180,096    3,089,245
----------------------------------------------------------------------------------------------------------------

                        House of Representatives

       The conferees agree to appropriate $1,225,680,000 for House 
     operations. This item relates solely to the House, and is in 
     accordance with long practice under which each body 
     determines its own housekeeping requirements and the other 
     concurs without intervention.

               Security in Congressional District Offices

       The conferees are aware of efforts underway by the House 
     Sergeant At Arms (HSAA) and the Capitol Police (USCP) to 
     improve security in Congressional district offices. With the 
     assistance of the HSAA and USCP, many Member offices had 
     security assessments conducted and were provided a list of 
     recommended security upgrades as a result of those 
     assessments. Member offices currently pay for their office 
     leases, including physical security, through their office 
     budgets, also called the Members' Representational Allowance, 
     which have been reduced. While the payment for district 
     security is decentralized, the guiding principles and 
     policies should not be. Therefore, the HSAA, along with USCP, 
     shall assist offices in prioritizing improvements and 
     highlighting alternative office locations that yield greater 
     security with less cost. In addition the House's Chief 
     Administrative Officer is directed to provide outreach to 
     Member offices and offer assistance in lease negotiations as 
     Member offices look to relocate or negotiate more favorable 
     terms that incorporate heightened security concerns.


                              JOINT ITEMS

                        JOINT ECONOMIC COMMITTEE

       The conference agreement includes $4,203,000 for salaries 
     and expenses.


            JOINT COMMITTEE ON INAUGURAL CEREMONIES OF 2013

       The conference agreement includes $1,237,000, for salaries 
     and expenses associated with conducting the inaugural 
     ceremonies of the President and Vice President of the United 
     States.


                      JOINT COMMITTEE ON TAXATION

       The conference agreement includes $10,004,000 for salaries 
     and expenses.


                   OFFICE OF THE ATTENDING PHYSICIAN

       The conference agreement includes $3,400,000.


             OFFICE OF CONGRESSIONAL ACCESSIBILITY SERVICES

       The conference agreement includes $1,363,000.


                        ADMINISTRATIVE PROVISION

       The conferees have included an administrative provision 
     which authorizes employees of the Office of Congressional 
     Accessibility Services to participate in the Senate employee 
     student loan repayment program.


                             CAPITOL POLICE

                                SALARIES

       The conference agreement includes $277,133,000 for salaries 
     of officers, members, and employees of the Capitol Police. 
     This level will support a staffing level of 1,775 sworn 
     officers and 370 civilian personnel.


                            GENERAL EXPENSES

       The conference agreement includes $63,004,000 for general 
     expenses of the Capitol Police.

               Workforce Management/Mission Requirements

       The conferees support the directive contained in House 
     Report 112-148 regarding workforce management and mission 
     requirements in lieu of the directive in Senate Report 112-
     80.

                                Overtime

       The conferees recommend no more than 634,667 hours of 
     additional duty in fiscal year 2012 as depicted below. The 
     conferees direct that the Department report on the 
     expenditure of overtime within individual accounts by pay 
     period to the House and Senate Committees on Appropriations, 
     and that the Committees are notified prior to any transfer 
     within accounts, including the associated hours of additional 
     duty.

------------------------------------------------------------------------
                                              Funding      Hours (est.)
------------------------------------------------------------------------
Scheduled...............................     $28,915,170         503,364
Annualization of overtime savings.......       (700,370)               0
Unscheduled.............................       1,141,850          20,000
DPD.....................................         876,018          15,326
Conventions.............................       1,626,240          28,000
Training................................       1,371,840          24,000
LOC--non-reimbursable events............         214,896           3,700
Dome Skirt..............................       1,853,739          31,917
Red Tunnel Project......................         485,548           8,360
                                         -------------------------------
Dome Skirt and other project re-               (677,000)               0
 estimations............................
    Total...............................     $35,107,931         634,667
------------------------------------------------------------------------

                           Threat Assessment

       The conferees understand that the Capitol Police conduct 
     many different types of threat assessments and direct the 
     Chief of Police to work with the House and Senate Committees 
     on Appropriations to develop methods of updating the 
     Committees on threat assessment activities.


                       ADMINISTRATIVE PROVISIONS

                     (INCLUDING TRANSFER OF FUNDS)

       The conferees have included a routine administrative 
     provision, section 1101, which continues authorization for 
     transfers between various accounts upon the approval of the 
     Committees on Appropriations of the House and Senate. The 
     conferees have also included an administrative provision, 
     section 1102, which authorizes the Secretary of the Senate 
     and the Chief Administrative Officer of the House to waive 
     erroneous payments to officers and employees.


                          OFFICE OF COMPLIANCE

                         SALARIES AND EXPENSES

       The conference agreement includes $3,817,000, of which 
     $700,000 shall remain available until September 30, 2013 for 
     salaries and expenses of the Office of Compliance.


                      CONGRESSIONAL BUDGET OFFICE

                         SALARIES AND EXPENSES

       The conference agreement includes $43,787,000 for salaries 
     and expenses of the Congressional Budget Office.


                        ARCHITECT OF THE CAPITOL

                         GENERAL ADMINISTRATION

       The conference agreement includes $101,340,000 for General 
     Administration, of which $3,749,000 shall remain available 
     until September 30, 2016.
       With respect to operations and projects, the House and 
     Senate conferees have agreed to the following:

Operating Budget:...........................................$97,591,000

[[Page 21006]]

Project Budget:........................................................
  1. Energy Savings Performance Contracts (ESPC)..............2,700,000
  2. Senate Reception Room......................................550,000
  3. Conservation of Fine Architectural Art.....................499,000
                                                       ________________
                                                       
Total, General Administration..............................$101,340,000

                        Congressional Youth Park

       The conferees note that the fiscal year 2002 Legislative 
     Branch appropriations bill, Public Law 107-68 included a 
     provision designating a special parcel of the Capitol Grounds 
     as the Congressional Youth Park. The conferees commend the 
     Architect of the Capitol (AOC) for developing the Capitol 
     Complex Master Plan as a guiding document for the future 
     development of the Capitol grounds. The plan embraces 
     Frederick Law Olmstead's original landscape design 
     establishing grounds that enhance and elevate the U.S. 
     Capitol. Integral to this plan should be the original intent 
     of the Botanic Garden to educate visitors about the 
     aesthetic, cultural, economic, therapeutic, and ecological 
     importance of plants. In this spirit, the conferees direct 
     the AOC to develop, as part of the Capitol Complex Master 
     Plan, the cultural landscape plan for the Congressional Youth 
     Park that aligns the use of the Park with Olmstead's 
     historically important vision about the importance of the 
     natural world in their daily lives. This segment of the 
     Master Plan shall also take into consideration landscape 
     requirements necessary to ensure the continued security of 
     the Capitol complex.


                            CAPITOL BUILDING

       The conference agreement includes $36,154,000, of which 
     $11,063,000 shall remain available until September 30, 2016, 
     for maintenance, care, and operation of the Capitol.
       With respect to operations and projects, the House and 
     Senate conferees have agreed to the following:

Operating Budget:...........................................$25,091,000
Project Budget:........................................................
  1. Presidential Inaugural Stand and Support Facilities......4,263,000
  2. Brumidi Corridors Restoration and Conservation Plan........800,000
  3. Minor Construction.......................................6,000,000
                                                       ________________
                                                       
Total, Capitol Building.....................................$36,154,000


                            CAPITOL GROUNDS

The conference agreement includes $9,852,000 for the care and 
    improvements of the grounds surrounding the Capitol, House and 
    Senate office buildings, and the Capitol Power Plant.
With respect to operations and projects, the House and Senate 
    conferees have agreed to the following:

Operating Budget:............................................$9,852,000
Total, Capitol Grounds.......................................$9,852,000


                        SENATE OFFICE BUILDINGS

       The conference agreement includes $71,128,000 for Senate 
     Office Buildings, of which $13,128,000 shall remain available 
     until September 30, 2016, for the maintenance, care and 
     operation of the Senate office buildings. This item relates 
     solely to the Senate and is in accordance with long practice 
     under which each body determines its own housekeeping 
     requirements, and the other concurs without intervention.
Operating Budget:...........................................$58,000,000
Project Budget:........................................................
  1. Skylight Replacement (HSOB)..............................5,000,000
  2. Infrastructure Improvements, Phase 3, North Wing (DSOB)..6,128,000
  3. Minor Construction.......................................2,000,000
                                                       ________________
                                                       
Total, Senate Office Buildings..............................$71,128,000


                         HOUSE OFFICE BUILDINGS

       Base funding, House Office Buildings.--The conference 
     agreement includes $94,154,000 for the basic and recurring 
     needs of the House within the House Office Buildings account, 
     of which $45,631,000 shall remain available until September 
     30, 2016. These funds support the regular maintenance, care, 
     and operation of the House office buildings by the Architect 
     of the Capitol.
Operating Budget:...........................................$48,523,000
Project Budget:........................................................
  1. Alternate Life Safety Approach, CHOB.....................4,229,000
  2. Interior Rehabilitation of the West House Underground Ga18,000,000
  3. Power Distribution System Replacement, Vault C, FHOB.....3,957,000
  4. Domestic Water and Sanitary Piping Replacement, RHOB.....1,598,000
  5. Fire Alarm System Replacement, RHOB......................1,457,000
  6. CAO Project Support......................................4,390,000
  7. 480V Switchgear & Transformer Replacement, Phase III, HOB5,000,000
  8. Minor Construction.......................................7,000,000
                                                       ________________
                                                       
Total, House Office Buildings (base program)................$94,154,000

       House Historic Buildings Revitalization Trust Fund.--In 
     addition to funding for core facility needs, the conference 
     agreement includes $30,000,000 for the Historic Buildings 
     Revitalization Trust Fund, to remain available until 
     expended.
       As these funds relate solely to the House, and is in 
     accordance with long practice under which each body 
     determines its own housekeeping requirements and the other 
     concurs without intervention.


                          CAPITOL POWER PLANT

       In addition to the $9,000,000 made available from receipts 
     credited as reimbursements to this appropriation, the 
     conference agreement includes $123,229,000 for maintenance, 
     care and operation of the Capitol Power Plant. Of this 
     amount, $37,617,000 shall remain available until September 
     30, 2016.
       With respect to operations and project differences, the 
     House and Senate conferees have agreed to the following:

Operating Budget (net):.....................................$94,612,000
Project Budget:........................................................
  1. Utility Tunnel Program..................................14,406,000
  2. WRP Chiller System Replacement, RPR, CPP...................800,000
  3. East Plant Chiller Relocation, RPR, CPP.................16,411,000
  4. Cogeneration Management Program..........................2,000,000
  5. Minor Construction.......................................4,000,000
                                                       ________________
                                                       
Total, Capitol Power Plant.................................$132,229,000


                     LIBRARY BUILDINGS AND GROUNDS

       The conference agreement includes $46,876,000 for Library 
     of Congress buildings and grounds. Of this amount, 
     $21,116,000 shall remain available until September 30, 2016.
       With respect to operations and projects, the House and 
     Senate conferees have agreed to the following:

Operating Budget:...........................................$25,760,000
Project Budget:........................................................
  1. Sprinkler System, West Main Pavilion 1st Floor, Phase III4,100,000
  2. Egress Improvements......................................1,126,000
  3. Generator Replacement JAB................................5,000,000
  4. Secured Storage Facilities, Phase III....................2,000,000
  5. East and West Pavilion Copper Roof and Fall Protection 
    Replacement, Design.........................................309,000
  6. Air Handling Unit Replacement and Hazardous Materials Abatement, 
    TJB.......................................................2,047,000
  7. Fall Protection..........................................4,034,000
  8. ABA Space Reorganization, JMMB.............................500,000
  9. Minor Construction.......................................2,000,000
                                                       ________________
                                                       
Total, Library Buildings and Grounds........................$46,876,000


             CAPITOL POLICE BUILDINGS, GROUNDS AND SECURITY

       The conference agreement includes $21,500,000 for Capitol 
     Police Buildings, Grounds and Security. Of this amount, 
     $3,473,000 shall remain available until September 30, 2016.
       With respect to operations and projects, the conferees have 
     agreed to the following:

Operating Budget:...........................................$18,027,000
Project Budget:........................................................
  1. Fire Alarm System Replacement, Headquarters..............2,473,000
  2. Minor Construction.......................................1,000,000
                                                       ________________
                                                       
Total, Capitol Police Buildings, Grounds and Security.......$21,500,000


                             BOTANIC GARDEN

       The conference agreement includes $12,000,000 for salaries 
     and expenses, Botanic Garden.


                         CAPITOL VISITOR CENTER

       The conference agreement includes $21,276,000 for the 
     Capitol Visitor Center (CVC).


                             CVC Gift Shop

       The conferees note that the CVC gift shop operating budget 
     exceeds the revenues generated within the gift shop revolving 
     fund. The conferees understand that there are mitigating 
     circumstances such as ``Buy American'' requirements that 
     account for the CVC gift shop operating differently than 
     other gift shops, such as the Library of Congress gift shop. 
     Given that the CVC gift shop has been operating for a few 
     years, the conferees believe it would be beneficial at this 
     juncture for the AOC to review and report on the operations 
     and steps that can be taken to improve operations within the 
     revolving fund understanding the distinctive parameters under 
     which the CVC gift shop operates. This report should be 
     provided to the Committee on Appropriations of the House and 
     Senate no later than March 31, 2012.


                       ADMINISTRATIVE PROVISIONS

                     (INCLUDING TRANSFER OF FUNDS)

                      Reimbursable Overtime Costs

       The conference agreement includes an administrative 
     provision, section 1201, which

[[Page 21007]]

     authorizes the Architect of the Capitol to reimburse the 
     Capitol Police for the cost of overtime associated with 
     construction projects.
       The conferees direct the Architect of the Capitol and the 
     United States Capitol Police to enter into a memorandum of 
     understanding to establish the appropriate mechanisms 
     necessary to implement this reimbursable process. The 
     memorandum of understanding shall include, but not be limited 
     to, the identification of the type and scope of construction 
     projects subject to reimbursement, the projected overtime and 
     related benefits costs for security requirements necessitated 
     by a specific project before the project commences, and the 
     reporting to the Architect of the Capitol actual costs for 
     reimbursement on a regular basis during and upon completion 
     of a security project. It is the conferees intent that this 
     practice will commence with the submission of the fiscal year 
     2013 budget request. The Architect of the Capitol shall 
     submit the requested overtime for ongoing and future 
     construction projects for fiscal year 2013. During fiscal 
     year 2013, and for future fiscal years, if overtime costs 
     exceed those requested, the Architect of the Capitol, with 
     the concurrence of the Capitol Police, will submit such costs 
     to the House and Senate Committees on Appropriations for 
     approval.
       The conference agreement includes an administrative 
     provision, section 1202, concerning the Capitol grounds.


                          LIBRARY OF CONGRESS

                         SALARIES AND EXPENSES

       The conference agreement includes $413,743,000 in direct 
     appropriations, of which $6,959,000 is to remain available 
     until expended for digital collections and educational 
     curricula program, Library of Congress. In addition to this 
     amount $6,350,000 is available from receipts collected by the 
     Library of Congress and is to remain available until 
     expended.

                            COPYRIGHT OFFICE


                         SALARIES AND EXPENSES

       The conference agreement includes $16,137,000 in direct 
     appropriations to the Copyright Office. An additional 
     $35,513,000 is made available from receipts for salaries and 
     expenses.

                     CONGRESSIONAL RESEARCH SERVICE


                         SALARIES AND EXPENSES

       The conference agreement includes $106,790,000 for salaries 
     and expenses, Congressional Research Service including up to 
     $1,000,000 for a review of the Government Printing Office.


             BOOKS FOR THE BLIND AND PHYSICALLY HANDICAPPED

                         SALARIES AND EXPENSES

       The conference agreement includes $50,674,000 for salaries 
     and expenses. This amount includes $650,000 for costs to 
     provide recorded newspaper services for the blind and 
     physically handicapped. The conferees have agreed that up to 
     $2,000,000 of unobligated balances can be utilized for media 
     production.


                       ADMINISTRATIVE PROVISIONS

       The conferees have agreed to include administrative 
     provisions (sections 1301-1304) related to reimbursable and 
     revolving fund activities, transfer authority, availability 
     of funds for Workers Compensation Payments, and disposition 
     of surplus or obsolete personal property.

                       Government Printing Office

                           Operational Review

       Over the past 10 years, the Government Printing Office has 
     regularly contracted out approximately 75% of the dollar 
     value of all work ordered annually (other than U.S. passports 
     and secure credentials). The vast majority of the work that 
     is contracted out is for the Executive Branch. Printing for 
     the Congress, passports for State Department, secure 
     credentials for Federal agencies and Congress, products for 
     the Office of the Federal Register, and several important 
     jobs of the Executive Branch, such as the President's Annual 
     Budget and printing for the White House, are conducted in-
     house, as are all of GPO's digital information operations 
     serving all three branches of the Federal Government. The 
     conferees note that several studies evaluating GPO's 
     production, procurement, and information dissemination 
     programs and operations, including the Federal Depository 
     Library Program, have been conducted in the past. The 
     conferees also note that past reviews have supported the 
     GPO's business model as the most efficient way in which the 
     government should operate its printing and information 
     dissemination responsibilities. The conferees believe that 
     the GPO and the Congress would benefit from an update of 
     these reviews, particularly given the growth in printing and 
     digital technology in recent years, including the feasibility 
     of Executive Branch printing being continued to be performed 
     by the GPO, and other cost saving operational alternatives 
     that might be worthy of consideration. Within available funds 
     under the heading, ``Congressional Research Service'' , the 
     conferees direct the Congressional Research Service to award 
     a grant or contract to the National Academy of Public 
     Administration, an independent, nonpartisan organization that 
     was chartered by Congress to assist Federal, State, and local 
     governments in improving their effectiveness, efficiency, and 
     accountability, to conduct a study on updating a review of 
     GPO operations and additional cost saving opportunities 
     beyond what GPO has already instituted, if any, and report 
     its findings to the Committee on Appropriations of the House 
     and Senate no later than one year after enactment of this 
     Act.


                   CONGRESSIONAL PRINTING AND BINDING

                     (INCLUDING TRANSFER OF FUNDS)

       The conference agreement includes $90,700,000 for 
     authorized printing and binding for the Congress.


               OFFICE OF THE SUPERINTENDENT OF DOCUMENTS

                         SALARIES AND EXPENSES

                     (INCLUDING TRANSFER OF FUNDS)

       The conference agreement includes $35,000,000.


               GOVERNMENT PRINTING OFFICE REVOLVING FUND

       The conference agreement includes $500,000.

                    Government Accountability Office


                         SALARIES AND EXPENSES

       The conference agreement includes $511,296,000 in direct 
     appropriations for salaries and expenses, Government 
     Accountability Office. In addition, $22,304,000 is available 
     from offsetting collections.


                        ADMINISTRATIVE PROVISION

       The agreement includes an administrative provision, section 
     1401, that allows GAO to be treated the same as other 
     Legislative Branch agencies regarding employee buyout 
     authority.
       The conferees direct that GAO cease all work and no funds 
     are provided for any GAO study related to the study requested 
     in House Report 112-148 regarding the future of the 
     Government Printing Office. That work is being conducted by 
     NAPA through CRS.

                             Cost Analysis

       The conferees believe that in order to provide the GAO with 
     the appropriate funding level to conduct its audits 
     efficiently, the conferees need a complete understanding of 
     the costs associated with conducting the audits. The concern 
     that certain costs associated with the reports cannot be 
     accounted for was heightened by the GAO Office of Inspector 
     General report noting that ``GAO's travel card program could 
     be strengthened by adopting selected best practices 
     identified in related Office of Management and Budget (OMB) 
     guidance. . . . Further, we found that OMB's travel card 
     guidance was not used by GAO to manage or assess the 
     effectiveness of its travel card program controls.'' 
     Therefore, the conferees direct the GAO to report to the 
     Senate and House Committees on Appropriations on a semi-
     annual basis, with a cost analysis by function of its work 
     products, a total funding level for any completed report 
     during the fiscal year, and the number of reports previously 
     conducted on the particular issues for which reports are 
     being conducted.

                Open World Leadership Center Trust Fund

       The conference agreement includes $10,000,000 for payment 
     to the Open World Leadership Center Trust Fund.
       In June 2003 the House Committee on Appropriations directed 
     the Government Accountability Office (GAO) to assess the 
     overall effectiveness and efficiency of the Open World 
     Leadership Center (OWLC) in fulfilling its responsibilities 
     and role in achieving the overall intent and purposes of the 
     program. In March 2004 the GAO issued a report (GAO-04-436) 
     containing recommendations that OWLC establish strategic and 
     performance plans, strengthen assessing and reporting on 
     program performance, and improve its financial management and 
     accountability mechanisms. In the report the OWLC took issue 
     with the GAO emphasis on performance measures, noting that 
     its success is only measurable in the medium or long term. 
     The conferees direct the GAO to reexamine the OWLC regarding 
     the recommendations to determine what action has been taken 
     to meet the GAO recommendations with special emphasis on 
     financial management and performance measures. It has been a 
     number of years since this report was issued, and the 
     conferees believe enough time has lapsed to determine 
     progress in both these fields. Therefore, the conferees 
     direct the GAO to reexamine the recommendations of the March 
     2004 report with emphasis on financial management and 
     accountability mechanisms and the measurable benefits of the 
     OWLC. GAO shall consult with the Committees on Appropriations 
     as it develops the methodology and scope of the review. GAO 
     shall issue its final report by August 2012 and provide 
     regular updates to the Committees prior to issuing the final 
     report.

   John C. Stennis Center For Public Service Training and Development

       The conference agreement includes $430,000. The conferees 
     direct that future budget requests from the John C. Stennis 
     Center be accompanied by an appropriately detailed budget 
     justification.

                      TITLE II--GENERAL PROVISIONS

       The conference agreement continues, in sections 201 to 209, 
     nine routine provisions carried in prior years. In addition 
     the agreement includes section 210 related to delivery of 
     printed copies of bills, joint resolutions,

[[Page 21008]]

     and resolutions, section 211 related to delivery of printed 
     copies of the Congressional Record being delivered to a 
     Members House office, and section 212 related to Members of 
     the House, which places a limitation on the amount that can 
     be expended for the lease of a vehicle.

        Reprograming Guidelines For Legislative Branch Agencies

       The conferees expect all agencies to notify the Committees 
     on Appropriations of the House and Senate of any significant 
     departures from budget plans presented to the Committees of 
     the House and Senate. In particular, agencies funded in this 
     bill are required to notify the Committees prior to each 
     reprogramming of funds in excess of the lesser of 10 percent 
     or $500,000 between programs, projects, or activities, or in 
     excess of $500,000 between object classifications (except for 
     shifts within the pay categories, object class 11, 12, and 
     13, or as further specified in each agency's respective 
     section). This includes cumulative reprogrammings that 
     together total at least $500,000 from or to a particular 
     program, activity, or object classification, as well as 
     reprogramming of FTE's or funds to create new organizational 
     entities within the Agency or to restructure entities which 
     already exist. These guidelines remain effective unless 
     modified by a subsequent conference.

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[[Page 21021]]

  DIVISION H--MILITARY CONSTRUCTION AND VETERANS AFFAIRS AND RELATED 
                   AGENCIES APPROPRIATIONS ACT, 2012

       Matters Addressed by Only One Committee.--The language and 
     allocations set forth in House Report 112-94 and Senate 
     Report 112-29 should be complied with unless specifically 
     addressed to the contrary in the conference agreement and 
     this explanatory statement. Report language included by the 
     House, which is not changed by the report of the Senate or 
     this explanatory statement, and Senate report language, which 
     is not changed by this explanatory statement, is approved by 
     the Committees on Appropriations of both Houses of Congress. 
     This explanatory statement, while repeating some report 
     language for emphasis, does not intend to negate the language 
     referred to above unless expressly provided herein. In cases 
     where the House or the Senate has directed the submission of 
     a report, such report is to be submitted to both Houses of 
     Congress. House or Senate reporting requirements with 
     deadlines prior to, or within 15 days after, enactment of the 
     conference agreement shall be submitted no later than 60 days 
     after enactment of this Act. All other reporting deadlines 
     not changed by this explanatory statement are to be met.

                                TITLE I

                         DEPARTMENT OF DEFENSE


                       ITEMS OF GENERAL INTEREST

       Reprogramming Guidelines.--The following reprogramming 
     guidelines apply for all military construction and family 
     housing projects. A project or account (including the sub-
     elements of an account) which has been specifically reduced 
     by the Congress in acting on the budget request is considered 
     to be a congressional interest item and as such, prior 
     approval is required. Accordingly, no reprogrammings to an 
     item specifically reduced below the threshold by the Congress 
     are permitted, except that the Department of Defense may seek 
     reprogrammings for appropriated increments.
       The reprogramming criteria that apply to military 
     construction projects (25 percent of the funded amount or 
     $2,000,000, whichever is less) continue to apply to new 
     housing construction projects and to improvements over 
     $2,000,000. To provide the services the flexibility to 
     proceed with construction contracts without disruption or 
     delay, the costs associated with environmental hazard 
     remediation such as asbestos removal, radon abatement, lead-
     based paint removal or abatement, and any other legislated 
     environmental hazard remediation may be excluded, provided 
     that such remediation requirements could not be reasonably 
     anticipated at the time of the budget submission. This 
     exclusion applies to projects authorized in this budget year, 
     as well as projects authorized in prior years for which 
     construction has not been completed. Planning and design 
     costs associated with military construction and family 
     housing projects may also be excluded from these guidelines. 
     In instances where prior approval to a reprogramming request 
     for a project or account has been received from the 
     Committees on Appropriations, the adjusted amount approved 
     becomes the new base for any future increase or decrease via 
     below-threshold reprogrammings (provided that the project or 
     account is not a congressional interest item as defined 
     above).
       In addition to these guidelines, the services are directed 
     to adhere to the guidance for military construction 
     reprogrammings and notifications, including the pertinent 
     statutory authorities contained in DOD Financial Management 
     Regulation 7000.14-R and relevant updates and policy 
     memoranda. The conferees encourage the Office of the Director 
     of National Intelligence to use a format similar to that used 
     by the Office of the Secretary of Defense to submit 
     reprogramming requests.
       Incrementally Funded Projects.--The conferees note that the 
     Administration requested several large military construction 
     projects that can be incrementally funded, but were instead 
     submitted as large single-year requests, in accordance with a 
     directive from the Office of Management and Budget to the 
     Department of Defense to severely restrict the use of 
     incremental funding for military construction. The Committees 
     on Appropriations of both Houses of Congress have previously 
     notified the Administration that they reserve the prerogative 
     to provide incremental funding where appropriate, in 
     accordance with authorizing legislation. The conferees 
     continue to believe that military construction projects 
     should be fully funded or separated into stand-alone phases 
     when practical. In some cases, however, incremental funding 
     makes fiscal and programmatic sense. The conference agreement 
     therefore incrementally funds the following projects: 
     Aviation Complex Phase 3A, Fort Wainwright, Alaska; 
     Mountainview Operations Facility, Buckley AFB, Colorado; 
     Hospital Replacement, Increment 3, Fort Bliss, Texas; 
     Ambulatory Care Center Phase 3, Joint Base San Antonio, 
     Texas; STRATCOM Replacement Facility, Increment 1, Offutt 
     AFB, Nebraska; Data Center, Increment 3, Camp Williams, Utah; 
     Ambulatory Care Center, Ph 3, Joint Base Andrews, Maryland; 
     and Strike Fuel Systems Maintenance Hanger, Anderson AFB, 
     Guam.
       Quarterly Summary of Notifications.--The conferees direct 
     the services and the Office of the Secretary of Defense (on 
     behalf of itself and Defense agencies) to continue to submit 
     a quarterly report listing all notifications, to include bid 
     savings by service and Defense agencies, that have been 
     submitted to the Committees during the preceding three-month 
     period.
       Report on Design Obligations.--The conferees direct that 
     the Secretary of Defense, and the secretaries of the Army, 
     Navy, and Air Force, each submit separate semi-annual reports 
     on the obligation and expenditure of planning and design 
     funds. The Secretary of Defense's report shall cover Military 
     Construction, Defense-Wide, and the reports by the Army, 
     Navy, and Air Force shall cover active, guard, and reserve 
     military construction accounts. Each report shall provide 
     data on the total amount available from each and all fiscal 
     years for planning and design activities, as well as the 
     amounts currently obligated and expended. The reports shall 
     be submitted no later than 30 days following the end of the 
     second and fourth quarters of fiscal year 2012 and semi-
     annually no later than 30 days following the second and 
     fourth quarters of each fiscal year thereafter.
       Quadrennial Defense Review/Nuclear Posture Review (QDR/
     NPR).--The conference agreement does not reference language 
     requiring the Secretary of Defense to submit a report 
     regarding future funding for the QDR/NPR programs because the 
     reporting requirement has already been fulfilled.
       Army Stationing in Europe.--In order to better understand 
     future requirements for U.S. military construction in Germany 
     in light of current and projected realignment activities, the 
     conferees direct that no later than 90 days after enactment 
     of this Act, the Secretary of Defense shall provide a report, 
     in writing, on installations and properties in Germany that 
     the Department of Defense intends to return to the host 
     nation. This report should include (1) intended timelines for 
     closures of U.S. Army installations along with a list of 
     military construction projects required at other 
     installations to facilitate the downsizing and consolidation 
     of Army forces in Germany; (2) identification of the brigade 
     combat team that will be withdrawn from Germany; (3) an 
     estimate of costs (including operation and maintenance costs 
     and military construction costs) to be incurred during fiscal 
     years 2012 through 2015 in connection with keeping the 
     brigade identified in Germany through September 30, 2015, 
     versus stationing a similar brigade in the United States; and 
     (4) identification of the Army installations in the United 
     States with the capability, existing infrastructure, and 
     training facilities to support a brigade combat team similar 
     to the one referenced above. The report should be submitted 
     to the Committees on Appropriations of both Houses of 
     Congress and may include a classified annex if necessary.
       Guam Realignment.--The conferees support the 
     Administration's focus on strengthening the U.S. military 
     posture in the Pacific region. One of the most ambitious 
     undertakings by the Department of Defense is the joint U.S.-
     Japanese plan to move 8,000 Marines and their families from 
     Okinawa to Guam. The conferees note that a number of 
     unforeseen obstacles, including lengthy environmental 
     studies, legal challenges, and land use issues, have hampered 
     the Department's ability to execute planned military 
     construction projects associated with the realignment that 
     have been funded in previous appropriations bills. In light 
     of these delays, the conference agreement does not include 
     funding, as requested, for two projects associated with the 
     realignment. The conferees encourage the Department to 
     complete the Guam master plan and provide a revised cost 
     estimate and timetable for the Guam relocation so that the 
     realignment can proceed without further delay.

                      MILITARY CONSTRUCTION, ARMY

       The conference agreement appropriates $3,006,491,000 for 
     Military Construction, Army, instead of $3,041,491,000 as 
     proposed by the House and $3,066,891,000 as proposed by the 
     Senate. Within this amount, the agreement provides 
     $229,741,000 for study, planning, design, architect and 
     engineer services, and host nation support, the same amount 
     as proposed by the House and Senate.

              MILITARY CONSTRUCTION, NAVY AND MARINE CORPS

       The conference agreement appropriates $2,112,823,000 for 
     Military Construction, Navy and Marine Corps, instead of 
     $2,436,547,000 as proposed by the House and $2,187,622,000 as 
     proposed by the Senate. Within this amount, the agreement 
     provides $84,362,000 for study, planning, design, architect 
     and engineer services, the same amount as proposed by the 
     House and Senate.

                    MILITARY CONSTRUCTION, AIR FORCE

       The conference agreement appropriates $1,227,058,000 for 
     Military Construction, Air Force, instead of $1,247,358,000 
     as proposed by the House and $1,227,058,000 as proposed by 
     the Senate. Within this amount, the agreement provides 
     $81,913,000 for study, planning, design, architect and 
     engineer services, the same amount as proposed by the House 
     and Senate.

[[Page 21022]]



                  MILITARY CONSTRUCTION, DEFENSE-WIDE


                     (INCLUDING TRANSFER OF FUNDS)

       The conference agreement appropriates $3,431,957,000 for 
     Military Construction, Defense-Wide, instead of 
     $3,533,757,000 as proposed by the House and $3,380,917,000 as 
     proposed by the Senate. Within this amount, the agreement 
     provides $430,602,000 for study, planning, design, architect 
     and engineer services, the same amount as proposed by the 
     House and Senate.
       Fort Gordon, Georgia, National Security Agency (NSA) 
     Project Adjustment.--The President's budget submission 
     included $11,340,000 for the NSA Whitelaw Wedge Building 
     addition at Fort Gordon, Georgia. Subsequent to the budget 
     submission NSA determined that the cost of the project had 
     increased to $17,705,000 and requested a $6,365,000 funding 
     adjustment for the project. The Director of the NSA 
     transmitted a formal request for this adjustment to the 
     Committees on Appropriations of the House and Senate on June 
     2, 2011. Therefore, the conference agreement includes an 
     additional $6,365,000 for this project as requested, with a 
     corresponding decrement from the NSA minor construction 
     account.
       Department of Defense Education Activity (DODEA) Schools.--
     The conferees note that over 86,000 children attend DODEA 
     schools in the United States and overseas, but according to 
     the 2009 DOD Report to Congress on Department of Defense 
     Education Activity's Military Construction Program, 79 
     percent of DODEA schools were structurally rated as poor or 
     failing. The conferees note that DOD's Future Years Defense 
     Plan (FYDP) for fiscal years 2012 through 2016 includes 
     funding to recapitalize many, but not all, of these schools. 
     The conferees urge the Secretary of Defense to prioritize the 
     recapitalization of all poor or failing DODEA schools, and 
     accelerate funding for this purpose in future FYDPs.
       Energy Conservation Investment Program (ECIP).--The 
     conference agreement provides $135,000,000 for ECIP, as 
     proposed by both the House and the Senate. Additionally, the 
     conference agreement provides $10,000,000 in dedicated 
     funding for ECIP planning and design, as proposed by the 
     Senate. The conferees strongly support the efforts of the 
     Department of Defense to promote energy conservation, green 
     building initiatives, energy security, and investment in 
     renewable energy resources, and commend the leadership of the 
     Department and the services for making energy efficiency a 
     key component of construction on military installations. The 
     conferees urge the Department to use the the dedicated 
     planning and design funds to invest in innovative renewable 
     energy projects as well as projects that enhance energy 
     security at military installations and encourages the 
     Department to request dedicated planning and design funding 
     for ECIP in future budget submissions.
       Landstuhl Regional Medical Center.--The conferees strongly 
     support the construction of the new Landstuhl Regional 
     Medical Center in Germany to replace the current aging 
     facility, which is inefficient, and structurally a failing 
     facility. However, the conferees note that the size, scope 
     and design of the proposed replacement hospital was initiated 
     several years ago, before the withdrawal schedule for U.S. 
     troops in Iraq and Afghanistan was established, and before 
     looming budget restraints prompted the Department of Defense 
     (DOD) to reconsider all overseas basing of U.S. military 
     forces. Given the potential for major force structure 
     reductions in Europe, the conferees believe that the planning 
     assumptions for the new Landstuhl Regional Medical Center 
     should be re-evaluated to ensure that the facility is 
     properly sized and scoped to meet the emerging contingency 
     and force structure requirements in Europe.
       Because of the importance of this project, the conference 
     agreement fully funds the Department's request to proceed 
     with site preparation and utility infrastructure for the 
     replacement hospital. However, the conference agreement 
     restricts the Department from awarding a design contract for 
     the hospital that exceeds the 20 percent design level until 
     the Secretary of Defense has provided a plan to the 
     Committees on Appropriations of the House of Representatives 
     and the Senate describing how it intends to implement the 
     recommendations of a Government Accountability Office study 
     with regard to the plans, baseline data, and estimated cost 
     of the new facility, and certifies that the replacement 
     hospital is properly sized and scoped to meet the projected 
     health care requirements.
       The conferees further direct DOD to provide to the 
     Committees, in conjunction with the certification, 
     justification supporting the size and scope of the 
     replacement hospital that includes, at a minimum, (1) 
     documentation that clearly shows how health care requirements 
     were used to calculate the size, configuration, and 
     associated costs of the facility, and (2) a risk or 
     sensitivity analysis that assesses, at a minimum, how 
     potential global posture changes in the area of 
     responsibility of the European Command may impact the health 
     care requirements for the proposed facility.

               MILITARY CONSTRUCTION, ARMY NATIONAL GUARD

       The conference agreement appropriates $773,592,000 for 
     Military Construction, Army National Guard, as proposed by 
     the Senate instead of $798,592,000 as proposed by the House. 
     Within this amount, the agreement provides $20,671,000 for 
     study, planning, design, architect and engineer services.

               MILITARY CONSTRUCTION, AIR NATIONAL GUARD

       The conference agreement appropriates $116,246,000 for 
     Military Construction, Air National Guard, as proposed by the 
     both the House and the Senate. Within this amount, the 
     agreement provides $12,225,000 for study, planning, design, 
     architect and engineer services.

                  MILITARY CONSTRUCTION, ARMY RESERVE

       The conference agreement appropriates $280,549,000 for 
     Military Construction, Army Reserve, as proposed by both the 
     House and the Senate. Within this amount, the agreement 
     provides $28,924,000 for study, planning, design, architect 
     and engineer services.

                  MILITARY CONSTRUCTION, NAVY RESERVE

       The conference agreement appropriates $26,299,000 for 
     Military Construction, Navy Reserve as proposed by both the 
     House and the Senate. Within this amount, the agreement 
     provides $2,591,000 for study, planning, design, architect 
     and engineer services.

                MILITARY CONSTRUCTION, AIR FORCE RESERVE

       The conference agreement appropriates $33,620,000 for 
     Military Construction, Air Force Reserve, as proposed by both 
     the House and the Senate. Within this amount, the agreement 
     provides $2,200,000 for study, planning, design, architect 
     and engineer services.

     NORTH ATLANTIC TREATY ORGANIZATION SECURITY INVESTMENT PROGRAM

       The conference agreement appropriates $247,611,000 for the 
     North Atlantic Treaty Organization Security Investment 
     Program, the same amount as proposed by the House, instead of 
     $272,611,000 as proposed by the Senate.

                   FAMILY HOUSING CONSTRUCTION, ARMY

       The conference agreement appropriates $176,897,000 for 
     Family Housing Construction, Army as proposed by both the 
     House and the Senate.

             FAMILY HOUSING OPERATION AND MAINTENANCE, ARMY

       The conference agreement appropriates $493,458,000 for 
     Family Housing Operation and Maintenance, Army instead of 
     $494,858,000 as proposed by both the House and the Senate.
       General Officer Flag Officer Quarters.--The conferees 
     reduced the request for Family Housing Operation and 
     Maintenance by $1,400,000 based on the Secretary of the 
     Army's notification that the exterior repairs in Stuttgart, 
     Germany are no longer necessary.

           FAMILY HOUSING CONSTRUCTION, NAVY AND MARINE CORPS

       The conference agreement appropriates $100,972,000 for 
     Family Housing Construction, Navy and Marine Corps as 
     proposed by both the House and the Senate.

    FAMILY HOUSING OPERATION AND MAINTENANCE, NAVY AND MARINE CORPS

       The conference agreement appropriates $367,863,000 for 
     Family Housing Operation and Maintenance, Navy and Marine 
     Corps as proposed by both the House and the Senate.

                 FAMILY HOUSING CONSTRUCTION, AIR FORCE

       The conference agreement appropriates $60,042,000 for 
     Family Housing Construction, Air Force instead of $84,804,000 
     as proposed by both the House and the Senate. The funding 
     adjustment was requested by the Air Force to offset a 
     shortfall in family housing operation and maintenance 
     funding. To cover the shortfall, the Air Force requested the 
     cancellation of a family housing construction improvement 
     project at Misawa, Japan, resulting in a decrease of 
     $24,762,000 from the budget submission.

          FAMILY HOUSING OPERATION AND MAINTENANCE, AIR FORCE

       The conference agreement appropriates $429,523,000 for 
     Family Housing Operation and Maintenance, Air Force instead 
     of $404,761,000 as proposed by both the House and the Senate. 
     The $24,762,000 increase was requested by the Air Force to 
     cover a projected shortfall in family housing operation and 
     maintenance funding. The funding increase is offset by a 
     corresponding reduction of $24,762,000 in Air Force family 
     housing construction funding.

         FAMILY HOUSING OPERATION AND MAINTENANCE, DEFENSE-WIDE

       The conference agreement appropriates $50,723,000 for 
     Family Housing Operation and Maintenance, Defense-Wide as 
     proposed by both the House and the Senate.

         DEPARTMENT OF DEFENSE FAMILY HOUSING IMPROVEMENT FUND

       The conference agreement appropriates $2,184,000 for the 
     Department of Defense Family Housing Improvement Fund as 
     proposed by both the House and the Senate.

[[Page 21023]]



                       HOMEOWNERS ASSISTANCE FUND

       The conference agreement appropriates $1,284,000 for the 
     Homeowners Assistance Fund as proposed by both the House and 
     the Senate. The conference agreement also includes language 
     that the Secretary of Defense shall not issue any regulation 
     or otherwise take any action to limit the submission of 
     applications prior to September 30, 2012, for benefits, 
     including permanent change of station benefits, as provided 
     under section 1013 of the Demonstration Cities and 
     Metropolitan Development Act of 1966, (42 U.S.C. 3374), as 
     amended.

          CHEMICAL DEMILITARIZATION CONSTRUCTION, DEFENSE-WIDE

       The conference agreement appropriates $75,312,000 for 
     Chemical Demilitarization Construction, Defense-Wide as 
     proposed by both the House and the Senate.

            DEPARTMENT OF DEFENSE BASE CLOSURE ACCOUNT 1990

       The conference agreement appropriates $323,543,000 for the 
     Department of Defense Base Closure Account 1990, as proposed 
     by the Senate instead of $373,543,000 as proposed by the 
     House.

            DEPARTMENT OF DEFENSE BASE CLOSURE ACCOUNT 2005

       The conference agreement appropriates $258,776,000 for the 
     Department of Defense Base Closure Account 2005, as proposed 
     by both the House and Senate. The conferees note that 
     significant bid savings have been realized in the BRAC 2005 
     military construction program, primarily as a result of the 
     favorable bid climate over the past several years, and 
     believe that these savings should be used to offset current 
     BRAC 2005 requirements as well as current and projected 
     requirements of the Homeowners Assistance Program. The 
     conferees therefore are rescinding $258,776,000 from previous 
     BRAC 2005 appropriations (Sec. 132 of Administrative 
     Provisions) to offset the fiscal 2012 request. Additionally, 
     the conferees direct the Department to use the transfer 
     authority provided elsewhere in this Act to transfer 
     sufficient unobligated balances from the BRAC 2005 account to 
     the Homeowners Assistance Program to address eligible claims 
     for benefits, including permanent change of station benefits, 
     submitted through September 30, 2012.
       BRAC 133.--On November 30, 2011, the Department of Defense 
     Inspector General (DODIG) released report number DODIG 2012-
     024, which found that the Army's transportation management 
     plan for Base Closure and Realignment (BRAC) recommendation 
     #133 (Mark Center) was based on faulty data, rendering the 
     transportation plan's findings and conclusions unreliable. 
     Further, the Inspector General found that the traffic studies 
     used to develop the plan do not address the totality of 
     issues related to site ingress and egress, nor will the plan 
     achieve its goal of reducing single-occupancy vehicle 
     utilization. The conferees find the analysis as outlined in 
     the DODIG's report deeply troubling. Equally troubling is the 
     Army's refusal to even consider the DODIG's recommendations.
       In an effort to mitigate traffic congestion surrounding the 
     Mark Center site, the conference agreement includes a 
     limitation on the number of parking spaces the Department may 
     utilize at the Mark Center to no more than 2,000, with the 
     exception of disabled parking spaces. The limitation may be 
     waived in part, but not in whole, if the Secretary of Defense 
     certifies that none of the intersections surrounding the Mark 
     Center reach failing levels of service ``e'' or ``f,'' as 
     defined by the Transportation Research Board Highway Capacity 
     Manual, during a consecutive 90 day period.
       Should the intersections currently undergoing traffic 
     monitoring surrounding the Mark Center be deemed as not to 
     have reached failing levels of service, the Department of 
     Defense (DOD) and the Virginia Department of Transportation 
     (VDOT) must agree to the number of additional spaces that may 
     be utilized at the Mark Center, which would then be subject 
     to another 90 day traffic monitoring program. To ensure that 
     the Department adequately plans and mitigates traffic 
     generated by the BRAC #133 development, the Department is 
     directed to implement the DODIG's recommendations outlined in 
     report number DODIG-2012-024, and certify to Congress not 
     later than 180 days after enactment of this Act that the 
     recommendations have been implemented.
       The conferees recognize that the employees that work at the 
     Mark Center bear no fault in the poor planning and execution 
     of the transportation management plan. The conferees 
     therefore strongly encourage the Department of Defense to 
     examine mandatory commuting alternatives such as telework, 
     flexible work schedules, satellite parking facilities with 
     dedicated shuttle service to the Mark Center, parking 
     capacity at the Pentagon, additional ridesharing and public 
     transit incentives and all other means to ensure that Mark 
     Center employees can commute to and from work without undue 
     burden.

                       ADMINISTRATIVE PROVISIONS


             (Including Transfers and Rescissions of Funds)

       The conference agreement includes section 101 as proposed 
     by both the House and the Senate limiting the use of funds 
     under a cost-plus-a-fixed-fee contract.
       The conference agreement includes section 102 as proposed 
     by both the House and the Senate allowing the use of 
     construction funds in this title for hire of passenger motor 
     vehicles.
       The conference agreement includes section 103 as proposed 
     by both the House and the Senate allowing the use of 
     construction funds in this title for advances to the Federal 
     Highway Administration for the construction of access roads.
       The conference agreement includes section 104 as proposed 
     by both the House and the Senate prohibiting construction of 
     new bases in the United States without a specific 
     appropriation.
       The conference agreement includes section 105 as proposed 
     by both the House and the Senate limiting the use of funds 
     for the purchase of land or land easements that exceed 100 
     percent of the value.
       The conference agreement includes section 106 as proposed 
     by both the House and the Senate prohibiting the use of 
     funds, except funds appropriated in this title for that 
     purpose, for family housing.
       The conference agreement includes section 107 as proposed 
     by both the House and the Senate limiting the use of minor 
     construction funds to transfer or relocate activities.
       The conference agreement includes section 108 as proposed 
     by both the House and the Senate prohibiting the procurement 
     of steel unless American producers, fabricators, and 
     manufacturers have been allowed to compete.
       The conference agreement includes section 109 as proposed 
     by both the House and the Senate prohibiting the use of 
     construction or family housing funds to pay real property 
     taxes in any foreign nation.
       The conference agreement includes section 110 as proposed 
     by both the House and the Senate prohibiting the use of funds 
     to initiate a new installation overseas without prior 
     notification.
       The conference agreement includes section 111 as proposed 
     by the Senate establishing a preference for American 
     architectural and engineering services for overseas projects. 
     The House bill contained a similar provision, but included 
     countries within the United States Central Command Area of 
     Responsibility.
       The conference agreement includes section 112 as proposed 
     by the Senate establishing a preference for American 
     contractors in certain locations. The House bill contained a 
     similar provision, but included countries within the United 
     States Central Command Area of Responsibility.
       The conference agreement includes section 113 as proposed 
     by both the House and the Senate requiring congressional 
     notification of military exercises when construction costs 
     exceed $100,000.
       The conference agreement includes section 114 as proposed 
     by both the House and the Senate limiting obligations in the 
     last two months of the fiscal year.
       The conference agreement includes section 115 as proposed 
     by both the House and the Senate allowing funds appropriated 
     in prior years for new projects authorized during the current 
     session of Congress.
       The conference agreement includes section 116 as proposed 
     by both the House and the Senate allowing the use of expired 
     or lapsed funds to pay the cost of supervision for any 
     project being completed with lapsed funds.
       The conference agreement includes section 117 as proposed 
     by both the House and the Senate allowing military 
     construction funds to be available for five years.
       The conference agreement includes section 118 as proposed 
     by both the House and the Senate allowing the transfer of 
     proceeds between BRAC accounts.
       The conference agreement includes section 119 as proposed 
     by both the House and the Senate allowing the transfer of 
     funds from Family Housing Construction accounts to the Family 
     Housing Improvement Fund.
       The conference agreement includes section 120 as proposed 
     by both the House and the Senate allowing transfers to the 
     Homeowners Assistance Fund.
       The conference agreement does not include a provision 
     proposed by the Senate (Sec. 120) requiring congressional 
     notification prior to issuing a solicitation for a contract 
     with the private sector for family housing. The House bill 
     contained no similar provision.
       The conference agreement includes section 121 as proposed 
     by both the House and the Senate limiting the source of 
     operation and maintenance funds for flag and general officer 
     quarters and allowing for notification by electronic medium.
       The conference agreement includes section 122 as proposed 
     by both the House and the Senate extending the availability 
     of funds in the Ford Island Improvement Account.
       The conference agreement includes section 123 as proposed 
     by both the House and the Senate placing limitations on the 
     expenditure of funds for projects impacted by BRAC 2005.
       The conference agreement includes section 124 as proposed 
     by both the House and the Senate allowing the transfer of 
     expired funds to the Foreign Currency Fluctuations, 
     Construction, Defense account.
       The conference agreement includes section 125 as proposed 
     by the Senate allowing for

[[Page 21024]]

     the reprogramming of construction funds among projects and 
     activities subject to certain criteria. The House bill 
     contained a similar provision with an additional reporting 
     requirement.
       The conference agreement does not include a provision 
     proposed by the House (Sec. 126) rescinding unobligated 
     balances available for the Base Realignment and Closure 
     Account 1990. The Senate bill contained no similar provision.
       The conference agreement includes a modified section 126 as 
     proposed by the Senate related to the closure of the Umatilla 
     Army Chemical Depot. The House bill contained no similar 
     provision.
       The conference agreement includes a modified section 127 as 
     proposed by the House which limits parking at BRAC 133 to 
     2,000 spaces and includes other requirements and exemptions. 
     The Senate bill contained no similar provision.
       The conference agreement includes section 128 as proposed 
     by the Senate restricting the obligation of funds for a 
     permanent United States Africa Command headquarters outside 
     of the United States until an analysis of all military 
     construction costs is submitted to the congressional defense 
     committees. The House bill contained no similar provision.
       The conference agreement includes section 129 as proposed 
     by the House prohibiting the use of funds for any action 
     related to the expansion of Pinon Canyon Maneuver Site, 
     Colorado. The Senate bill contained no similar provision.
       The conference agreement includes a modified section 130 as 
     proposed by the House restricting the obligation of funds for 
     relocating an Army unit that performs a testing mission. The 
     Senate bill contained no similar provision.
       The conference agreement does not include a provision 
     proposed by the Senate (Sec. 129) restricting the obligation 
     of funds for military construction projects in Germany. The 
     House bill contained no similar provision. This issue is 
     instead addressed under Items of General Interest in Title I.
       The conference agreement does not include a provision 
     proposed by the Senate (Sec. 130) requiring a report on the 
     status and improvement plan for all DODEA schools with Q3 or 
     Q4 rating. The House bill contained no similar provision. 
     This issue is instead addressed under Military Construction, 
     Defense-Wide in Title I.
       The conference agreement includes section 131 rescinding 
     unobligated balances primarily due to bid savings from the 
     following accounts in the specified amounts: Military 
     Construction, Army, $100,000,000; Military Construction, Navy 
     and Marine Corps, $25,000,000; Military Construction, Air 
     Force, $32,000,000; and Military Construction, Defense-Wide, 
     $131,400,000. The Senate bill contained no similar provision.
       The conference agreement includes section 132 rescinding 
     unobligated balances from the Department of Defense Base 
     Closure Account 2005. The House bill contained a similar 
     provision and the Senate bill contained no similar provision.

[[Page 21025]]

     
     


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[[Page 21042]]

                                TITLE II

                     DEPARTMENT OF VETERANS AFFAIRS

                    VETERANS BENEFITS ADMINISTRATION

                       COMPENSATION AND PENSIONS

       The conference agreement appropriates $51,237,567,000 for 
     Compensation and Pensions instead of $58,067,319,000 as 
     proposed by both the House and the Senate. The agreement 
     reflects new estimates provided in the Administration's mid-
     session review. Of the amount provided, not more than 
     $32,187,000 is to be transferred to General Operating 
     Expenses, Veterans Benefits Administration, Medical Support 
     and Compliance, and Information Technology Systems for 
     reimbursement of necessary expenses in implementing 
     provisions of title 38, as proposed by both the House and the 
     Senate.

                         READJUSTMENT BENEFITS

       The conference agreement appropriates $12,108,488,000 for 
     Readjustment Benefits instead of $11,011,086,000 as proposed 
     by both the House and the Senate. The agreement reflects new 
     estimates provided in the Administration's mid-session 
     review.

                   VETERANS INSURANCE AND INDEMNITIES

       The conference agreement appropriates $100,252,000 for 
     Veterans Insurance and Indemnities as proposed by both the 
     House and the Senate.

                 VETERANS HOUSING BENEFIT PROGRAM FUND

       The conference agreement appropriates such sums as may be 
     necessary for costs associated with direct and guaranteed 
     loans for the Veterans Housing Benefit Program Fund, as 
     proposed by both the House and the Senate. The agreement 
     limits obligations for direct loans to not more than $500,000 
     and provides that $154,698,000 shall be available for 
     administrative expenses, as proposed by both the House and 
     the Senate.

            VOCATIONAL REHABILITATION LOANS PROGRAM ACCOUNT

       The conference agreement appropriates $19,000 for the cost 
     of direct loans from the Vocational Rehabilitation Loans 
     Program Account, plus $343,000 to be paid to the 
     appropriation for General Operating Expenses, Veterans 
     Benefits Administration, as proposed by both the House and 
     the Senate. The agreement provides for a direct loan 
     limitation of $3,019,000 as proposed by both the House and 
     the Senate.

          NATIVE AMERICAN VETERAN HOUSING LOAN PROGRAM ACCOUNT

       The conference agreement appropriates $1,116,000 for 
     administrative expenses of the Native American Veteran 
     Housing Loan Program Account as proposed by both the House 
     and the Senate.

                     VETERANS HEALTH ADMINISTRATION


                           AREAS OF INTEREST

       Rural access. The conferees are deeply concerned about the 
     difficulties veterans in rural areas face in finding 
     appropriate and accessible Department of Veterans Affairs 
     (VA) health care. As identified in the House and Senate 
     reports, the conferees urge the VA to focus on infrastructure 
     improvements at small and mid-sized medical centers, to 
     consider offering mobile health services, to promulgate 
     regulations allowing veterans service organizations to 
     provide better transportation options for rural veterans, and 
     to partner with State and local organizations to identify 
     veterans in rural and highly rural areas. The conferees also 
     expect to see a long-range strategic plan for the Office of 
     Rural Health, as well as that Office's response to 
     recommendations in the Inspector General's April 2011 report. 
     The conferees emphasize that all reports on rural access 
     issues requested by either the House or Senate are required 
     to be submitted to the Committees on Appropriations of the 
     House of Representatives and the Senate (``Committees'') 90 
     days after enactment of this Act, as described in the first 
     section of this explanatory statement. In addition to the 
     strategic plan, the conferees strongly urge the Department to 
     improve the accessibility, efficiency, and effectiveness of 
     rural healthcare by detailing options available for veterans 
     who need to access healthcare from facilities which are 
     ``split campus'' models where outpatient care and specialty 
     services are not collocated.
       Licensing. The conferees urge the Department of Defense 
     (DOD) and the VA to examine ways to eliminate duplicative 
     licensing requirements as described in Senate Report 112-29.

                            MEDICAL SERVICES

       The conference agreement appropriates $41,354,000,000 in 
     advance for fiscal year 2013 for Medical Services, as 
     proposed by both the House and the Senate. The agreement does 
     not extend the availability of any of this funding until 
     September 30, 2014, as proposed by the House. The conferees 
     do not include the language proposed by the House limiting 
     the use of $664,000,000 of fiscal year 2012 medical services 
     funding to the fourth quarter and only once approval is 
     obtained from the Committees.
       The conference agreement fully funds the family caregivers 
     program at the request level of $248,000,000 for fiscal year 
     2013. The conferees urge the VA to ensure that the caregivers 
     program remains a top priority.
       The conference agreement provides sufficient resources to 
     fully implement VA homeless assistance programs, including 
     the providers grant and per diem, domiciliary care for 
     homeless veterans, and the HUD-VA supported housing program. 
     In particular, the conferees urge the VA to focus on homeless 
     veterans living in rural and highly rural areas.
       The conferees concur with the direction of the House 
     regarding an annual report detailing the distribution of 
     medical services funding among the Veterans Integrated 
     Service Networks, central headquarters, and medical centers.
       The conferees concur with the House report language 
     directing the VA not to convert dialysis service from 
     contract-provided care to in-house care until after 
     completion and evaluation of its pilot demonstration. The 
     conferees include an exception to this directive if there are 
     any locations where it would result in a diminution of 
     clinical care.
       The conferees urge the VA to continue implementation of the 
     Integrated Mental Health Strategy.
       The conferees note that VA HIV testing rates significantly 
     improved at VA facilities which used a clinical reminder to 
     prompt routine HIV testing. The conferees urge the VA to 
     employ HIV testing clinical reminders at all VA medical 
     centers to accelerate the implementation of routine HIV 
     testing, consistent with VHA Directive 2009-036. The 
     conferees also encourage the VA to continue to award 
     laboratory and clinical grants to implement routine HIV 
     testing.

                     MEDICAL SUPPORT AND COMPLIANCE

       The conference agreement appropriates $5,746,000,000 in 
     advance for fiscal year 2013 for Medical Support and 
     Compliance, as proposed by both the House and the Senate. The 
     agreement does not extend the availability of any of this 
     funding until September 30, 2014, as proposed by the House.

                           MEDICAL FACILITIES

       The conference agreement appropriates $5,441,000,000 in 
     advance for fiscal year 2013 for Medical Facilities, as 
     proposed by both the House and the Senate. The agreement does 
     not extend the availability of any of this funding until 
     September 30, 2014, as proposed by the House. The conferees 
     urge the Department to submit an additional fiscal year 2013 
     budget request for Medical Facilities with the submission of 
     the 2013 budget to address the need for increased non-
     recurring maintenance funding. Additionally, the conferees 
     direct the Department to submit no later than April 6, 2012, 
     a comprehensive list by location of all established multi-
     specialty outpatient clinics and any proposed to be opened in 
     fiscal year 2012.

                    MEDICAL AND PROSTHETIC RESEARCH

       The conference agreement appropriates $581,000,000 for 
     Medical and Prosthetic Research as proposed by the Senate 
     instead of $530,774,000 as proposed by the House.
       The conferees continue to support the development of 
     advanced prosthetic devices and direct that, no later than 90 
     days after the enactment of this Act, the Secretary, in 
     coordination with the Defense Advanced Research Projects 
     Agency, shall submit to the Committees on Appropriations, the 
     Committees on Veterans Affairs, and the Committees on Armed 
     Services of both Houses of Congress a report on the 
     Department's plans to make the next generation of advanced 
     prosthetics available for injured veterans and members of the 
     Armed Forces. The report shall include the strategic plan and 
     timetable to make the next generation prosthetic devices 
     available and a description of the challenges (both technical 
     and administrative) that could impact the schedule, as well 
     as the Department's plans to mitigate these challenges.

                    NATIONAL CEMETERY ADMINISTRATION

       The conference agreement appropriates $250,934,000 for the 
     National Cemetery Administration (NCA) as proposed by both 
     the House and the Senate. Of the amount provided, $25,100,000 
     is available until September 30, 2013, as proposed by both 
     the House and the Senate.
       The conferees are concerned that the NCA has failed to 
     adequately serve the burial needs the nation's veterans in 
     rural areas. The NCA fiscal year 2012 budget submission 
     acknowledges that 10 percent of all veterans will not have 
     access to a burial option in a national, State or tribal 
     cemetery. The majority of these underserved veterans live in 
     rural areas, and the conferees are concerned that the NCA's 
     Urban Initiative will exacerbate the disparity of burial 
     services between urban and rural veterans. The conferees have 
     included a provision in the bill prohibiting funds from being 
     used to expand the Urban Initiative beyond the sites already 
     outlined in the budget until the NCA submits to the 
     Committees a detailed strategy to meet the burial needs of 
     veterans residing in rural and highly rural areas. The report 
     shall include a timeline for implementation of such a 
     strategy and cost estimates of establishing new burial sites 
     in at least five rural or highly rural locations. This report 
     shall be submitted no later than February 6, 2012.
       In the short term, because the Secretary has the authority 
     to waive Department guidance establishing a population 
     threshold for creating national cemeteries, the conferees

[[Page 21043]]

     urge the Secretary to use this waiver authority to address 
     the pressing needs for access to VA cemeteries in some rural 
     areas.

                      DEPARTMENTAL ADMINISTRATION


                         GENERAL ADMINISTRATION

                     (INCLUDING TRANSFER OF FUNDS)

       The conference agreement appropriates $416,737,000 for 
     General Administration, instead of $400,500,000 as proposed 
     by the House and $431,257,000 as proposed by the Senate. Of 
     the amount provided, $20,837,000 is available for obligation 
     until September 30, 2013, instead of $22,144,000 as proposed 
     by the House and $21,562,000 as proposed by the Senate. The 
     conference agreement includes bill language permitting the 
     transfer of funds from this account to ``General Operating 
     Expenses, Veterans Benefits Administration'', as proposed by 
     both the House and Senate. Bill language is not included to 
     identify specific resources to improve acquisition workforce 
     capacity. The House and Senate had included such language, 
     but with different funding amounts.
       The Administration's budget request proposed that funding 
     for administrative expenses associated with executive offices 
     be included in a single account with the general operating 
     expenses of the Veterans Benefits Administration. The 
     conference agreement includes funding for these two distinct 
     functions in two separate accounts: General operating 
     expenses, Veterans Benefits Administration; and General 
     administration, as proposed by both the House and Senate. The 
     conferees believe that differences in the mission and purpose 
     of the Department's executive offices and the Veterans 
     Benefits Administration justify providing funding in two 
     separate accounts. Further, separating these two broad 
     categories will provide the Congress with greater visibility 
     of budgetary resources and oversight of expenditures for 
     these two vital missions.
       The conference agreement includes the following funding 
     levels:

                        [In thousands of dollars]
------------------------------------------------------------------------
              Office                  House        Senate     Conference
------------------------------------------------------------------------
The Secretary....................        9,270       10,104       10,085
Board of Veterans Appeals........       78,273       78,006       78,006
General Counsel..................       80,778       84,073       83,099
Management.......................       43,956       45,686       45,598
Human Resources..................       68,590       70,516       70,379
Policy and Planning..............       26,015       26,127       26,015
Operations Security and Prep.....       16,746       19,543       18,510
Public and Intergovernmental            22,079       23,330       23,286
 Affairs.........................
Cong and Legislative Affairs.....        6,065        6,065        6,053
Acquisition, Logistics and              70,728       67,807       55,706
 Construction....................
Undistributed....................      -22,000  ...........  ...........
                                  --------------------------------------
    Total........................      400,500      431,257      416,737
------------------------------------------------------------------------

       The total for the Office of the General Counsel includes 
     $1,889,000 for staffing to speed the appeals process and 
     regulation promulgation, as requested by the Administration 
     and proposed by the Senate. The House had no similar 
     provision.
       Within the total for the Office of Management, the 
     conference agreement provides $1,600,000 to conduct audits of 
     the Veterans Health Administration Fee Care program, as 
     requested by the Administration and proposed by the Senate. 
     The House did not include a similar provision. The conferees 
     concur in the Fee Care report requirement proposed by the 
     Senate and expect the report to be submitted within 90 days 
     of enactment of this Act.
       The conferees provide $1,900,000 within the Office of 
     Operations, Security and Preparedness to implement the 
     Homeland Security Presidential Directive 12 mandate. The 
     Senate provided $2,900,000 for this activity, as proposed in 
     the Administration request; the House did not provide 
     specific funding. The agreement also provides $705,000 to 
     activate the Integrated Operations Center and the Capital 
     Region Readiness Center, as requested by the Administration 
     and proposed by the Senate. The House did not include a 
     similar provision.
       The conference agreement provides $1,150,000 within the 
     Office of Public and Intergovernmental Affairs for the tribal 
     government outreach and new media offices, as requested by 
     the Administration and proposed by the Senate. The House did 
     not include similar provisions.
       The conference agreement provides $5,000,000 within the 
     Office of Acquisition, Logistics, and Construction for the 
     2012 President's acquisition initiative and the facilities 
     management transformation. The House provided $20,000,000 for 
     these activities; the Senate provided $17,000,000.
       The conferees require the VA to include in budget 
     justification documents each year a detailed summary of the 
     marketing campaign budget, as proposed in the House report. 
     The Senate report did not include a similar requirement.
       The conferees concur in the Senate report directive 
     requiring a report on adopting payment recapture audits, with 
     the report to be submitted within 90 days of enactment of 
     this Act.

      GENERAL OPERATING EXPENSES, VETERANS BENEFITS ADMINISTRATION

       The conference agreement appropriates $2,018,764,000 for 
     General Operating Expenses, Veterans Benefits Administration, 
     as proposed by the Senate instead of $2,020,128,000, as 
     proposed by the House. The agreement makes available not to 
     exceed $105,000,000 of this funding until the end of fiscal 
     year 2013, as proposed by the Senate, instead of $105,856,000 
     as proposed by the House. The conferees concur with Senate 
     report language regarding Decision Review Officers.

                     INFORMATION TECHNOLOGY SYSTEMS

       The conference agreement appropriates $3,111,376,000 for 
     Information Technology (IT) Systems instead of $3,025,000,000 
     as proposed by the House and $3,161,376,000 as proposed by 
     the Senate. The agreement follows the Senate format of 
     identifying separately in bill language the funding available 
     for pay ($915,000,000); operations and maintenance 
     ($1,616,018,000); and systems development, modernization, and 
     enhancement ($580,358,000). The Senate bill provided 
     $915,000,000 for pay; $1,709,953,000 for operations and 
     maintenance; and $536,423,000 for development. The House 
     provided all IT funding in one lump sum. The agreement also 
     adopts the Senate proposal of making $25,000,000 of pay 
     funding available until the end of fiscal year 2013; 
     $110,000,000 of operations and maintenance funding available 
     until the end of fiscal year 2013; and all IT systems 
     development, modernization and enhancement funding available 
     until the end of fiscal year 2013. The House proposed to make 
     the entire IT appropriation available until the end of fiscal 
     year 2013.
       On May 2, 2011, the Secretary of Veterans Affairs and the 
     Secretary of Defense entered into an agreement to implement 
     an integrated electronic health record (iEHR) system rather 
     than pursue separate strategies for modernizing the two 
     existing health record systems. The conferees are encouraged 
     by this agreement and believe that successful development and 
     implementation is crucial for both Departments to continue to 
     provide high-quality medical care in the 21st century and to 
     enhance seamless transition from active duty to the VA.
       The conferees strongly encourage the Secretaries of the 
     Department of Veterans Affairs and the Department of Defense 
     to continue to work together throughout the development of 
     this new system to ensure an unambiguous and unified message 
     is clearly articulated to both Departments. It is imperative 
     the new iEHR system be agreed to and driven by senior 
     leadership at both Departments to ensure system development 
     is on time and within budget.
       Given that the two Departments entered into this agreement 
     after the Administration had transmitted the fiscal year 2012 
     budget request to Congress, the VA has had to alter its 
     original Information Technology budget submission to account 
     for iEHR. According to the VA, the requirement for iEHR in 
     fiscal year 2012 is $100,000,000, which includes $73,200,000 
     in development funds. The conference agreement fully funds 
     this request and includes an updated development chart 
     displaying the iEHR development requirement.
       The conferees direct the Department of Veterans Affairs, in 
     conjunction with the Department of Defense, to identify the 
     timeframe for completion of an integrated electronic health 
     record system and develop detailed benchmarks to track 
     progress. Additionally, the conferees direct the Office of 
     Information Technology to provide quarterly updates on the 
     progress of this project to the Committees on Appropriations 
     of both Houses of Congress.
       The conference agreement includes language proposed in both 
     the House and Senate bills requiring that no IT funding may 
     be obligated until the VA submits to the Committees, and the 
     Committees approve, an expenditure plan meeting the four 
     criteria outlined. The conferees are disturbed that the VA 
     has not complied with this language in previous years and 
     expect prompt compliance in fiscal year 2012.
       The conference agreement includes bill language proposed by 
     the Senate but not the House prohibiting the obligation of IT 
     development, modernization, and enhancement funding until the 
     VA submits a certification of the amounts to be obligated, in 
     part or in full, for each development project.
       The conference agreement includes bill language proposed by 
     the Senate but not the House permitting funding made 
     available for the three IT subaccounts to be transferred 
     among them after the VA requests and receives approval from 
     the Committees.
       The conferees include bill language making funds available 
     for IT development, modernization, and enhancement for the 
     projects and in the amounts specified in the following table:

               INFORMATION TECHNOLOGY DEVELOPMENT PROJECTS
                        [In thousands of dollars]
------------------------------------------------------------------------
                                                              Conference
                          Project                             agreement
------------------------------------------------------------------------
Veterans Benefits Management System (VBMS):
    VBMS...................................................       88,870
    Veterans Service Network (VETSNET).....................       17,843
                                                            ------------
        Total VBMS Development.............................      106,713
                                                            ============
Virtual Lifetime Electronic Record (VLER):
    Memorial/Cemeterial Legacy Development.................       10,859
    VISTA Web Performance and User Interface...............          600
    Bidirectional Health Information Exchange..............        3,760
    NHIN Gateway and Adaptor Development...................        8,435
    Veteran Authorization and Policies Development.........        4,100
    VLER Services..........................................        5,200
    Warrior Support/Information Sharing Initiative                 5,000
     Development...........................................
    Warrior Support/VA-DOD Identity Repository Development.        5,000
    Warrior Support/Federal Case Management Tool...........        6,640
                                                            ------------

[[Page 21044]]

 
        Total VLER Development.............................       49,594
                                                            ============
Access to Healthcare:
    Access IT-Program Management Office....................        1,000
    Emergency Department Information System Development....        7,400
    Surgical Quality and Workflow Management Development...       22,200
    Veterans Benefits Handbook Development.................        6,000
    TeleHealth.............................................        3,300
    Bed Management Solution Development....................        3,900
    National Utilization Management Integration Development        1,760
    VPS Kiosk Development..................................        1,799
                                                            ------------
        Total Access to Healthcare.........................       47,260
                                                            ============
New Models of Care:
    Patient Centered Medical Home Proposed Initiatives             2,200
     Development...........................................
    MyHealtheVet...........................................        2,410
    Enterprise Web Applications............................        4,350
    TeleHealth.............................................       10,700
    Program Management Office..............................        1,100
    VISTA Imaging--Telemedicine Development................        5,034
    Woman's Health Proposed Projects Development...........        1,900
                                                            ------------
        Total New Models of Care...........................       27,694
                                                            ============
Homelessness:
    Homelessness--At Risk Tracking.........................        2,470
    Homelessness Registries................................        2,250
    Homelessness Case Management Development...............          150
                                                            ------------
        Total Homelessness IT Development..................        4,870
                                                            ============
Healthcare Efficiency:
    PMO Support............................................        2,000
                                                            ------------
        Total Healthcare Efficiency........................        2,000
                                                            ============
Mental Health:
    Behavioral Health Lab Software Development.............        1,060
    My Recovery Plan.......................................        2,130
    Mental Health Systems Development......................        4,121
                                                            ------------
        Total Mental Health IT Development.................        7,311
                                                            ============
Other Development:
    Chapter 33 Development.................................       52,000
    Integrated Electronic Health Record Development........       73,200
    Health Management Platform Development.................        8,000
    Revenue Improvements System Enhancements Development...        1,091
    Compensation and Pension Records Interface Development.        1,091
    Caregivers Development.................................        8,000
    International Classification of Diseases--10                  29,930
     Development...........................................
    Health Provider Systems Development....................        4,000
    VHA Research IT Support Development....................       16,755
    Human Capital Development..............................        1,800
    Innovations............................................       14,024
    Integrated Operating Model.............................       16,520
    Strategic Capital Investment Planning Database                 2,800
     Development...........................................
    VA Learning Management Systems Development.............        3,650
    Enterprise IT Support Development......................        2,930
    Repositories Development...............................        3,273
    Standards and Terminology Services.....................        1,091
    Safety and Security Initiative.........................       21,163
    Enrollment System Modernization........................        3,323
    Veterans Relationship Management Development...........       70,275
                                                            ============
        Total Other Development............................      334,916
                                                            ============
Total Development..........................................      580,538
------------------------------------------------------------------------

       As proposed in the Senate bill, the conferees intend this 
     table to serve as the Department's approved list of 
     development projects; any requested changes are subject to 
     reprogramming guidelines. The agreement does not include the 
     House proposed bill language requiring the VA to submit to 
     the Committees a reprogramming base letter by project within 
     30 days of enactment of this Act.
       The conference agreement directs the Department to submit 
     an expenditure plan to the Committees within 30 days of 
     enactment of this Act as proposed by both the House and the 
     Senate. This plan should be in the same format as the table 
     above. The conferees also expect all future IT budget 
     displays provided to the Committees to use this format.
       The conferees concur in the Senate report language 
     concerning metrics for evaluating the Veterans Benefits 
     Management System pilot.

                      OFFICE OF INSPECTOR GENERAL

       The conference agreement appropriates $112,391,000 for the 
     Office of Inspector General as proposed by the Senate instead 
     of $109,391,000 as proposed by the House. Of the amount 
     provided, $6,000,000 is available for obligation until 
     September 30, 2013, as proposed by the House instead of 
     $6,600,000 as proposed by the Senate.

                      CONSTRUCTION, MAJOR PROJECTS

       The conference agreement appropriates $589,604,000 for 
     Construction, Major Projects as proposed by both the House 
     and the Senate.
       The agreement makes this funding available until expended, 
     as proposed by the Senate, rather than with a limitation of 
     five years as proposed by the House. The conferees are 
     concerned about the very large unobligated balances that have 
     built up in the major construction account and believe that 
     the account's ``no year'' funding framework must be changed. 
     In contrast, military construction funds provided in this 
     bill are made available on a five-year basis. The Department 
     of Defense (DOD) is able to manage these funds and construct 
     its buildings in a timely way. The conferees understand that 
     the VA will need to make process changes in planning, 
     budgeting, and execution to make the DOD five-year obligation 
     approach viable. The conferees direct the VA to develop a 
     plan to transition to five-year availability of funds for 
     both major and minor construction and deliver the plan to the 
     Committees within 180 days of enactment of this Act. The plan 
     should identify any legislative language needed to make the 
     plan workable. The conferees' goal is to implement this plan 
     when finalizing the fiscal year 2013 budget in the fall of 
     2012.
       The conference agreement funds the following items as 
     requested in the budget submission and as proposed by both 
     the House and Senate:

------------------------------------------------------------------------
                                                            Conference
                         Project                             agreement
------------------------------------------------------------------------
Veterans Health Admin (VHA):
  New Orleans, LA new medical facility..................     $60,000,000
  Denver, CO new medical facility.......................      42,000,000
  San Juan, PR seismic corrections......................     100,720,000
  St. Louis, MO medical facility improvements...........      80,000,000
  Palo Alto, CA polytrauma/ambulatory care..............      75,900,000
  Bay Pines, FL in-/outpatient improvements.............      43,970,000
  Seattle, WA seismic deficiencies......................      47,500,000
  Reno, NV expansion of clinical services...............      21,380,000
  W. Los Angeles, CA new tower/renovation...............      50,790,000
  San Francisco, CA seismic deficiencies................      22,480,000
  Advance Planning Fund.................................      59,145,000
  Asbestos..............................................      40,000,000
  Facility Security.....................................       8,000,000
  CFM Staff.............................................      24,200,000
  Judgment Fund.........................................       5,000,000
    Total VHA...........................................     681,085,000
National Cemetery Admin (NCA):
  National Memorial Cemetery of Pacific columbarium/          23,700,000
   administration.......................................
  Advance Planning Fund.................................       4,500,000
  NCA Land Acquisition Fund.............................      10,000,000
    Total NCA...........................................      38,200,000
General Admin staff offices.............................       6,000,000
Available from existing projects........................   (135,681,000)
                                                         ---------------
Major construction total................................     589,604,000
------------------------------------------------------------------------

       The conferees direct the VA to submit a master plan at the 
     time of the budget submission describing each major 
     construction project included in the budget. The plan should 
     include the projected time line for completion of each 
     component of each of the projects and the annual and total 
     cost of each project. The format of the DOD Form 1391 is a 
     good model for the VA to use to describe clearly and 
     completely the expected obligations for each project.
       The conferees encourage the VA to examine its practices on 
     rehabilitation and re-use of national landmarks within the VA 
     infrastructure that are aging, outdated, or obsolete and 
     report to the Committees on any actions taken or planned to 
     be taken on these facilities.

                      CONSTRUCTION, MINOR PROJECTS

       The conference agreement appropriates $482,386,000 for 
     Construction, Minor Projects, instead of $475,091,000 as 
     proposed by the House and $550,091,000 as proposed by the 
     Senate. The agreement makes this funding available until 
     expended, as proposed by the Senate, rather than with a 
     limitation of five years as proposed by the House. As 
     indicated in the narrative for Construction, Major Projects, 
     the VA is directed to develop a plan to transition to five-
     year availability of funds for both major and minor 
     construction and deliver the plan to the Committees within 
     180 days of enactment of this Act.
       As proposed by the Senate, the conferees direct the 
     Department to provide to the Committees an expenditure plan 
     for this account within 30 days of enactment of this Act. The 
     House did not propose a similar requirement.
       The conferees expect the fiscal year 2013 budget submission 
     to include a separate list of all minor construction projects 
     proposed to be funded in fiscal year 2013 in priority order, 
     consistent with the integrated Strategic Capital Investment 
     Plan.

       GRANTS FOR CONSTRUCTION OF STATE EXTENDED CARE FACILITIES

       The conference agreement appropriates $85,000,000 for 
     Grants for Construction of State Extended Care Facilities, as 
     proposed by both the House and the Senate.

             GRANTS FOR CONSTRUCTION OF VETERANS CEMETERIES

       The conference agreement appropriates $46,000,000 for 
     Grants for Construction of Veterans Cemeteries, as proposed 
     by both the House and the Senate.

                       ADMINISTRATIVE PROVISIONS

             (Including Transfers and Rescissions of Funds)

       The conference agreement includes section 201 as proposed 
     by both the House and the Senate allowing for transfers among 
     three mandatory accounts.
       The conference agreement includes section 202 as proposed 
     by both the House and the Senate allowing for the transfer of 
     funds among the three medical accounts.
       The conference agreement includes section 203 as proposed 
     by both the House and the Senate allowing salaries and 
     expenses funds to be used for related authorized purposes.
       The conference agreement includes section 204 as proposed 
     by both the House and the Senate restricting the use of funds 
     for the acquisition of land.
       The conference agreement includes section 205 as proposed 
     by both the House and the Senate limiting the use of funds in 
     the Medical Services account only for entitled beneficiaries 
     unless reimbursement is made to the Department.
       The conference agreement includes section 206 as proposed 
     by both the House and the Senate allowing for the use of 
     certain mandatory appropriations accounts for payment of 
     prior year accrued obligations for those accounts.
       The conference agreement includes section 207 as proposed 
     by both the House and the Senate allowing the use of 
     appropriations available in this title to pay prior year 
     obligations.

[[Page 21045]]

       The conference agreement includes section 208 as proposed 
     by both the House and the Senate allowing the Department to 
     use surplus earnings from the National Service Life Insurance 
     Fund, the Veterans' Special Life Insurance Fund, and the 
     United States Government Life Insurance Fund to administer 
     these programs.
       The conference agreement includes section 209 as proposed 
     by both the House and the Senate allowing the Department to 
     cover the administrative expenses of enhanced-use leases and 
     provides authority to obligate these reimbursements in the 
     year in which the proceeds are received.
       The conference agreement includes section 210 as proposed 
     by both the House and the Senate limiting the amount of 
     reimbursement the Office of Resolution Management and the 
     Office of Employment Discrimination Complaint Adjudication 
     can charge other offices of the Department for services 
     provided.
       The conference agreement includes section 211 as proposed 
     by both the House and the Senate limiting the use of funds 
     for any lease with an estimated annual rental cost of more 
     than $1,000,000 unless approved by the Committees on 
     Appropriations of both Houses of Congress.
       The conference agreement includes section 212 as proposed 
     by both the House and the Senate requiring the Department to 
     collect third-party payer information for persons treated for 
     a non-service connected disability.
       The conference agreement includes section 213 as proposed 
     by both the House and the Senate allowing for the use of 
     enhanced-use leasing revenues for Construction, Major 
     Projects and Construction, Minor Projects.
       The conference agreement includes section 214 as proposed 
     by both the House and the Senate allowing Medical Services 
     funds to be used for expenses related to the broader mission 
     of medical care to veterans.
       The conference agreement includes section 215 as proposed 
     by both the House and the Senate allowing for funds deposited 
     into the Medical Care Collections Fund to be transferred to 
     the Medical Services account.
       The conference agreement includes section 216 as proposed 
     by both the House and the Senate which allows Alaskan 
     veterans to use medical facilities of the Indian Health 
     Service or tribal organizations.
       The conference agreement includes section 217 as proposed 
     by the Senate providing for the transfer of funds from the 
     Department of Veterans Affairs Capital Asset Fund to the 
     Construction, Major Projects and Construction, Minor Projects 
     accounts and makes those funds available until expended. The 
     House proposed that these funds be made available for five 
     years.
       The conference agreement includes section 218 as proposed 
     by both the House and the Senate prohibiting the use of funds 
     for any policy prohibiting the use of outreach or marketing 
     to enroll new veterans.
       The conference agreement includes section 219 as proposed 
     by both the House and the Senate requiring the Secretary to 
     submit quarterly reports on the financial status of the 
     Veterans Health Administration.
       The conference agreement includes section 220 as proposed 
     by both the House and the Senate requiring the Department to 
     notify and receive approval from the Committees of any 
     proposed transfer of funding to or from the Information 
     Technology Systems account.
       The conference agreement includes section 221 as proposed 
     by the Senate providing for transfer of funds among 
     development, modernization and enhancement projects or to 
     newly identified projects within the Information Technology 
     Systems account. The House proposed similar but more general 
     language.
       The conference agreement includes section 222 as proposed 
     by the Senate prohibiting any funds to be used to contract 
     out any function performed by more than ten employees without 
     a fair competition process. The House did not propose a 
     similar provision.
       The conference agreement includes section 223 as proposed 
     by both the House and the Senate limiting the obligation of 
     non-recurring maintenance funds during the last two months of 
     the fiscal year.
       The conference agreement includes section 224 as proposed 
     by both the House and the Senate providing up to $241,666,000 
     for transfer to the joint DoD-VA Medical Facility 
     Demonstration Fund.
       The conference agreement includes section 225 as proposed 
     by both the House and the Senate which authorizes transfers 
     from the Medical Care Collections Fund to the joint DoD-VA 
     Demonstration Fund.
       The conference agreement includes section 226 as proposed 
     by both the House and the Senate which transfers at least 
     $15,000,000 from VA medical accounts to the DoD-VA health 
     care sharing incentive fund.
       The conference agreement includes section 227 which is 
     similar to a provision proposed by both the House and the 
     Senate. It rescinds fiscal year 2012 medical account funding 
     and re-appropriates it to be available for two years. The 
     provision rescinds and re-appropriates $1,400,000,000 for 
     Medical Services, $100,000,000 for Medical Support and 
     Compliance, and $250,000,000 for Medical Facilities. The 
     House bill provided slightly different amounts.
       The conference agreement includes section 228 as proposed 
     by the Senate requiring that the Department notify the 
     Committees of bid savings in major construction projects of 
     at least $5,000,000 or 5 percent within 14 days of a contract 
     identifying the programmed amount. The House bill proposed 
     similar language.
       The conference agreement includes section 229 as proposed 
     by both the House and the Senate which prohibits the VA from 
     increasing the scope of work for a major construction project 
     above the scope specified in the original budget request.
       The conference agreement includes section 230 which is 
     similar to a provision proposed by the House regarding VA 
     provision of information about controlled substance 
     prescriptions to State controlled substance monitoring 
     programs. The Senate bill did not contain a similar 
     provision.
       The conference agreement does not include section 230 as 
     proposed by the Senate, requiring the Secretary, in 
     coordination with the Defense Advanced Research Projects 
     Agency (DARPA), to submit a report on the next generation of 
     advanced prosthetics. This issue is addressed under the 
     Medical and Prosthetic Research account.
       The conference agreement includes section 231 requiring the 
     Secretary to report to the Committees each quarter about any 
     single national outreach and awareness marketing campaign 
     exceeding $2,000,000. The House bill contained similar 
     language. The Senate did not have a comparable provision.
       The conference agreement includes, as VA administrative 
     provision section 232, a general provision proposed by the 
     House prohibiting the VA from using any funds to declare as 
     excess to the needs of the VA Federal land and improvements 
     to the St. Albans campus in New York. The Senate bill did not 
     include a similar provision.
       The conference agreement includes, as VA administrative 
     provision section 233, a general provision proposed by the 
     House prohibiting the use of funds in the Act for any 
     contract using procedures that do not give to small business 
     concerns owned and controlled by veterans any preference with 
     respect to such contract, except for a preference given to 
     small business concerns owned and controlled by service-
     disabled veterans. The Senate bill did not include a similar 
     provision.
       The conference agreement includes section 234 extending the 
     authorization for the VA office in the Philippines through 
     December 31, 2012. Neither the House nor the Senate bill 
     contained a comparable provision.

                               TITLE III

                            RELATED AGENCIES

                  AMERICAN BATTLE MONUMENTS COMMISSION

                         SALARIES AND EXPENSES

       The conference agreement includes $61,100,000 for Salaries 
     and Expenses of the American Battle Monuments Commission.

                 FOREIGN CURRENCY FLUCTUATIONS ACCOUNT

       The conference agreement includes such sums as necessary, 
     estimated at $16,000,000, for the Foreign Currency 
     Fluctuations Account.

           UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS

                         SALARIES AND EXPENSES

       The conference agreement includes $30,770,000 for Salaries 
     and Expenses.

                      DEPARTMENT OF DEFENSE--CIVIL

                       CEMETERIAL EXPENSES, ARMY

                         SALARIES AND EXPENSES

       The conference agreement includes $45,800,000 for Salaries 
     and Expenses.
       Information Technology.--The conferees recognize the 
     significant management and oversight improvements that have 
     been made at Arlington National Cemetery over the past year, 
     particularly efforts to improve the accuracy and reliability 
     of burial and headstone records. The conferees also realize 
     that the development of a robust information technology 
     system is essential to this effort. To ensure that 
     information technology development remains on track, the 
     Executive Director of the Cemetery is directed to provide a 
     report to Congress detailing the strategic plan and timetable 
     for completing the modernization of the Cemetery's 
     information technology system, including electronic burial 
     records. The report should also include a description of 
     improvements implemented to date, and identify any remaining 
     information technology and systems infrastructure 
     requirements. The report should be submitted to the following 
     Committees of both Houses of Congress no later than 90 days 
     after enactment of this Act: The Committees on 
     Appropriations, Armed Services, Veterans Affairs, and the 
     Senate Homeland Security and Governmental Affairs Committee.

                      ARMED FORCES RETIREMENT HOME

                               TRUST FUND

       The conference agreement includes $67,700,000 for the Armed 
     Forces Retirement Home, to be derived from the Trust Fund.

           GENERAL FUND PAYMENT ARMED FORCES RETIREMENT HOME

       The conference agreement includes $14,630,000 for the Armed 
     Forces Retirement

[[Page 21046]]

     Home, to be derived from the General Treasury. The amount 
     provided is to facilitate repairs at the Washington, DC, 
     campus to correct damage sustained by an earthquake on August 
     23, 2011.

                        ADMINISTRATIVE PROVISION

       The conference agreement does not include a Senate 
     provision (Sec. 301) requiring a report on information 
     technology modernization for Arlington National Cemetery. 
     This issue is instead addressed elsewhere in this Statement 
     of Managers.

                                TITLE IV

                    OVERSEAS CONTINGENCY OPERATIONS

                         DEPARTMENT OF DEFENSE

       The conference agreement includes a new title IV, Overseas 
     Contingency Operations. Title IV provides funding for certain 
     military construction projects in the Central Command and 
     Africa Command Areas of Responsibility that was requested in 
     title I, Military Construction, in the budget submission. The 
     conferees agree that the projects transferred to title IV are 
     necessary to support the global war on terrorism and should 
     be designated as overseas contingency operations functions.

                      MILITARY CONSTRUCTION, ARMY

       The conference agreement appropriates $80,000,000 for 
     Military Construction, Army in this title instead of title I 
     of this Act as proposed by both the House and Senate.

              MILITARY CONSTRUCTION, NAVY AND MARINE CORPS

       The conference agreement appropriates an additional 
     $189,703,000 for Military Construction, Navy and Marine Corps 
     in this title instead of title I of this Act as proposed by 
     both the House and Senate.

                       ADMINISTRATIVE PROVISIONS

                    (INCLUDING RESCISSION OF FUNDS)

       The conference agreement includes section 401 rescinding 
     unobligated balances from title IV, Division E of Public Law 
     111-117 in the specific amount of $269,703,000. The House and 
     Senate bill included no similar provision.

[[Page 21047]]

     
     


[[Page 21048]]

                                TITLE V

                           GENERAL PROVISIONS

       Section 501 prohibits the obligation of funds in the Act 
     beyond the current fiscal year unless expressly so provided.
       Section 502 prohibits the use of the funds in this Act for 
     programs, projects or activities not in compliance with 
     Federal law relating to risk assessment, the protection of 
     private property rights, or unfunded mandates.
       Section 503 requires pay raises to be absorbed within the 
     levels appropriated in the Act.
       Section 504 prohibits the use of funds in the Act to 
     support or defeat legislation pending before Congress.
       Section 505 encourages all Departments to expand their use 
     of ``E-Commerce''.
       Section 506 specifies the Congressional Committees that are 
     to receive all reports and notifications.
       Section 507 prohibits the transfer of funds to any 
     instrumentality of the United States Government without 
     authority from an appropriations Act.
       Section 508 prohibits the use of funds for a project or 
     program named for a serving Member, Delegate, or Resident 
     Commissioner of the United States House of Representatives.
       Section 509 requires all reports submitted to the Congress 
     to be posted on official websites of the submitting agency.
       Section 510 prohibits the use of funds to establish or 
     maintain a computer network unless such network blocks the 
     viewing, downloading, and exchanging of pornography, except 
     for law enforcement investigation, prosecution, or 
     adjudication activities.
       Section 511 prohibits the use of funds in this Act for the 
     renovation, expansion, or construction of any facility in the 
     continental United States for the purpose of housing any 
     individual who has been detained at the United States Naval 
     Station, Guantanamo Bay, Cuba.
       Section 512 prohibits the use of funds for the payment of 
     first-class travel by an employee of the executive branch.
       Section 513 prohibits the use of funds in this Act for any 
     contract where the contractor has not complied with E-Verify 
     requirements.
       The conference agreement includes a modified House 
     provision, Section 514, which prohibits the use of funds in 
     this Act for any contract, memorandum of understanding, or 
     cooperative agreement with any corporation convicted of a 
     felony criminal violation within the preceding 24 months, 
     where the awarding agency is aware of the conviction.
       The conference agreement includes House provision 416 as an 
     administrative provision under title II.
       The conferees have not included a House provision, section 
     417 which prohibited funds for the enforcement of section 526 
     of the Energy Independence and Security Act of 2007. The 
     conferees note that the enforcement of section 526 of the 
     Energy Independence and Security Act of 2007 may lead to 
     higher fuel costs for federal fleets in the absence of 
     competitively priced new generation fuels that emit fewer 
     emissions. In carrying out this statute, the Secretary of 
     Defense and the Secretary of Veterans Affairs should work to 
     ensure that costs associated with fuel purchases necessary to 
     carry out the missions of their respective departments should 
     be minimized to the extent possible under the law.
       The conference agreement includes House provision 418 as an 
     administrative provision under title II.
       The conference agreement does not include House provision 
     419 which prohibited funds to be used in contravention of the 
     War Powers Resolution.

[[Page 21049]]

     
     


[[Page 21050]]



[[Page 21051]]



[[Page 21052]]



[[Page 21053]]



[[Page 21054]]



[[Page 21055]]



[[Page 21056]]



[[Page 21057]]



[[Page 21058]]

   DIVISION I--DEPARTMENT OF STATE, FOREIGN OPERATIONS, AND RELATED 
                   PROGRAMS APPROPRIATIONS ACT, 2012

       In implementing this conference agreement, the departments 
     and agencies shall comply with the Senate report (S. Rept. 
     112-85) accompanying S. 1601 as though stated in this joint 
     explanatory statement unless specifically directed to the 
     contrary. Matters addressed in the report of the House 
     Subcommittee on State, Foreign Operations, and Related 
     Programs (Full Committee Print, circulated on July 29, 2011) 
     are restated in this joint explanatory statement where the 
     conferees concur.

                                TITLE I

                 DEPARTMENT OF STATE AND RELATED AGENCY

                          DEPARTMENT OF STATE

                   Administration of Foreign Affairs


                    DIPLOMATIC AND CONSULAR PROGRAMS

                     (INCLUDING TRANSFER OF FUNDS)

       The conference agreement provides $6,550,947,000 for 
     Diplomatic and Consular Programs (D&CP), of which up to 
     $1,355,000,000 is for Worldwide Security Protection. The 
     conference agreement provides an additional $4,389,064,000 in 
     title VIII under this heading, which is designated for 
     Overseas Contingency Operations/Global War on Terrorism (OCO/
     GWOT) pursuant to the Balanced Budget and Emergency Deficit 
     Control Act of 1985.
       Within the total provided under this heading, the 
     conference agreement includes:
       $2,277,862,000 for Human Resources (of which $121,814,000 
     is for public diplomacy);
       $2,109,293,000 for Overseas Programs (of which $347,572,000 
     is for public diplomacy);
       $822,513,000 for Diplomatic Policy and Support; and
       $1,341,279,000 for security programs.
       The conference agreement does not include funding for the 
     185 new positions requested in fiscal year 2012. The 
     conference agreement assumes continuation of the pay freeze 
     in fiscal year 2012 for all Department of State employees, 
     including Foreign Service Officers.
       The conference agreement includes language amending the 
     heading ``Civilian Stabilization Initiative'' included in 
     prior acts to ``Conflict Stabilization Operations'' (CSO) and 
     provides transfer authority of up to $35,000,000 of the funds 
     appropriated under this heading to funds made available under 
     the CSO heading. The conference agreement provides an 
     additional $8,500,000 in title VIII under the CSO heading, 
     which is designated for OCO/GWOT pursuant to the Balanced 
     Budget and Emergency Deficit Control Act of 1985. The 
     conferees remain concerned with CSO's limited activities, 
     specifically the minor role it has played in response to the 
     earthquake in Haiti and the revolution in Libya. The 
     conferees will further assess the performance of the CSO 
     during fiscal year 2012.
       The conferees request the Secretary of State to be prepared 
     to report to the Committees on Appropriations in hearings on 
     the fiscal year 2013 budget on the use of the Secretary's 
     authority to determine whether an American citizen has 
     voluntarily renounced United States citizenship as a result 
     of engaging in activities with a Foreign Terrorist 
     Organization.
       The conferees recognize that B-1 and B-2 visitor visa 
     applications in some countries, such as the People's Republic 
     of China (PRC) and Brazil, are significantly and rapidly 
     increasing. The number of visa applications increased 53 
     percent in Brazil and 64 percent in the PRC from fiscal year 
     2010 to fiscal year 2011, resulting in increased delays in 
     interviewing applicants and longer approval times. The 
     Department of State is taking steps to reduce the wait time 
     but more needs to be done. Section 7076 of this Act directs 
     the Secretary of State to take steps to reduce delays in 
     processing tourist visas in the PRC, Brazil, and India, and 
     to consider extending the expiration period for B-1 and B-2 
     visas for applicants before requiring a consular officer 
     interview. The conferees recognize that wait times for 
     interviews can fluctuate due to unforeseen circumstances, 
     including assisting United States citizens abroad during an 
     emergency, but expect the Department to continue to implement 
     steps to minimize wait times. The conferees expect the 
     Secretary of State to determine the appropriate extension 
     beyond the current one-year limit in a manner consistent with 
     security controls. The conference agreement also permits the 
     Secretary to conduct a pilot program for processing tourist 
     visas via secure remote videoconferencing technology if doing 
     so would not pose a security risk.
       The conferees direct the Secretary of State to report to 
     the Committees on Appropriations, not later than 90 days 
     after enactment of this Act, on steps taken to reduce visa 
     processing wait times; the Department of State's 5-year 
     forecast of non-immigrant visas for each country; the number 
     of consular officers necessary to meet the Department's 
     standards; a comparison of the Department's forecast with the 
     Department of Commerce's 5-year visitor arrival projections; 
     and the impact of the different projections on visa 
     processing times and the required number of consular 
     officers.
       The conferees direct the Secretary of State to provide to 
     the Committees on Appropriations, not later than 90 days 
     after the end of any videoconference pilot program, an 
     assessment of the efficacy, efficiency, and security of this 
     technology for conducting visa interviews.
       The conferees endorse Senate report language regarding the 
     Coordinator for Cyber Issues, and recommend $1,000,000, in 
     addition to funds otherwise made available for such purposes, 
     for operations and programs under the Coordinator's 
     authority. The conferees recommend that the fiscal year 2013 
     congressional budget justification materials include a 
     request for program funds under the Coordinator's authority 
     in the accounts included in title III of this Act.
       The conferees urge the Department of State to examine 
     alternative approaches to furnishing residences for Foreign 
     Service Officers posted overseas, including consideration of 
     options for substantially reducing costs and delivery times 
     and increasing available choices.
       The conferees are concerned with the unnecessary idling of 
     parked motor vehicles that is wasteful and harms the 
     environment. The conferees direct that, not later than 90 
     days after enactment of this Act, the Secretary of State, in 
     consultation with the head of each United States Government 
     agency that uses funds appropriated by this Act to purchase 
     or lease motor vehicles, shall establish a policy to 
     eliminate the unnecessary idling of parked motor vehicles and 
     provide a copy of such policy to the Committees on 
     Appropriations. Such policy may include exceptions to 
     accommodate important security, health, or safety concerns, 
     and if necessary to perform an important job function, ensure 
     safe operating conditions, or to operate a motor vehicle in 
     accordance with manufacturer specifications.
       The conferees support the Secretary of State's expanded 
     engagement with governments to improve the inter-country 
     adoption process, to finalize implementation agreements with 
     such governments, where appropriate, and to resolve 
     impediments to the completion of adoptions for waiting 
     families and children.
       The conferees encourage the Secretary of State to continue 
     to support the United States-Colombia Action Plan on Racial 
     and Ethnic Equality and the United States-Brazil Joint Action 
     Plan on Racial and Ethnic Equality.
       The conference agreement includes new language prohibiting 
     the use of funds under this heading for the preservation of 
     religious sites unless the Secretary of State determines and 
     reports to the Committees on Appropriations that: (1) the 
     site is historically, artistically, or culturally 
     significant; (2) the purpose of the project is neither to 
     advance nor to inhibit the free exercise of religion; and (3) 
     the project is in the national interest of the United States.
       The conferees direct that a portion of the funds that have 
     been provided to the Bureau of International Organizations 
     Affairs and Office of International Conferences should be 
     used to support the Group of 8 (G-8) and NATO summits during 
     2012.
       The conference agreement includes language requiring the 
     continuation of the pilot Partner Vetting System (PVS), and 
     requires that such pilot be implemented by September 30, 
     2012. The conferees direct that such PVS pilot continue to be 
     applied equally to the programs and activities of the 
     Department of State and USAID, as required by section 7034 of 
     Public Law 111-117.
       The conferees direct the Secretary of State to provide to 
     the Committees on Appropriations, not later than 90 days 
     after enactment of this Act, the following information on the 
     Acquisitions Management program funded by the 1 percent 
     procurement fee: (1) the Working Capital Fund (WCF) including 
     carry-over balances, by line item, service center and 
     program, currently available for the Acquisitions Management 
     program; (2) the actual expenditures in fiscal year 2011 by 
     line item, service center and program; (3) the number of 
     staff, including employees and contractors funded by the 1 
     percent procurement fee; and (4) an evaluation of the 
     efficiencies and improvements gained through this program. 
     The Secretary is also directed to include: (1) the funds from 
     the 1 percent procurement fee in the WCF in the Department's 
     operating plans and quarterly unobligated balances report; 
     and (2) a WCF section in the Department's fiscal year 2013 
     congressional budget justification, providing information on 
     total budgetary resources for the Bureau of Administration 
     and any other office that receives WCF funds and a WCF table 
     by line item, service center and program that shall serve as 
     the control level for reprogramming and transfer purposes.
       The conferees direct the Secretary of State to continue to 
     assist American victims of terrorism abroad regarding frozen 
     assets for compensation and other issues, including from the 
     bombings of United States facilities in Kenya and Tanzania 
     and terrorist acts sponsored by former Libyan leader Muammar 
     Qaddafi.
       The conferees endorse Senate report language regarding 
     funding for the Bureau of Democracy, Human Rights and Labor 
     to monitor United States assistance to foreign security 
     forces pursuant to section 620M of the Foreign Assistance Act 
     of 1961, as amended by this Act.

[[Page 21059]]

       The conferees direct the Secretary of State to continue the 
     reporting requirement detailed under this heading in the 
     joint statement accompanying the Department of State, Foreign 
     Operations, and Related Programs Appropriations Act, 2010 
     (division F of Public Law 111-117) concerning agreements for 
     transfer and release of detainees at Naval Station, 
     Guantanamo Bay, Cuba.
       Section 7078 of this Act requires the Secretary of State to 
     submit an operating plan for funds appropriated in title I. 
     The conferees expect the operating plan to integrate the 
     additional funds appropriated in title VIII for OCO/GWOT, 
     where appropriate, and the OCO/GWOT amounts should be 
     separately identified in the integrated plan.


                        CAPITAL INVESTMENT FUND

       The conference agreement provides $59,380,000 for the 
     Capital Investment Fund. In addition, the conference 
     agreement permits the transfer of up to $6,000,000 from funds 
     appropriated under the heading Diplomatic and Consular 
     Programs to funds available under this heading.


                      OFFICE OF INSPECTOR GENERAL

       The conference agreement provides $61,904,000 for the 
     Office of Inspector General (OIG), and an additional 
     $67,182,000 in title VIII under this heading is designated 
     for OCO/GWOT pursuant to the Balanced Budget and Emergency 
     Deficit Control Act of 1985.
       The conferees direct the Inspectors General of the 
     Department of State and the United States Agency for 
     International Development (USAID), the Special Inspector 
     General for Afghanistan Reconstruction (SIGAR), and the 
     Special Inspector General for Iraq Reconstruction (SIGIR) to 
     coordinate audit plans and activities to minimize unnecessary 
     duplication, ensure comprehensive oversight plans, and 
     maximize the effective use of resources. The conferees direct 
     the OIG to continue to plan for increased responsibilities 
     when SIGIR draws down its oversight operations.
       Section 7078 of the conference agreement requires the 
     relevant department, agency, or organization to submit to the 
     Committees on Appropriations a spend plan for funds 
     appropriated in titles I and II of this Act. The conferees 
     expect each inspector general funded under this heading in 
     titles I and VIII to submit such plans within 30 days of 
     enactment of this Act.


               EDUCATIONAL AND CULTURAL EXCHANGE PROGRAMS

       The conference agreement provides $583,200,000 for 
     Educational and Cultural Exchange Programs, and an additional 
     $15,600,000 in title VIII under this heading is designated 
     for OCO/GWOT pursuant to the Balanced Budget and Emergency 
     Deficit Control Act of 1985.
       No funds are provided for the one-time competitive grants 
     program in fiscal year 2012.
       Section 7078 of this Act includes a requirement that the 
     Secretary of State submit to the Committees on Appropriations 
     an operating plan for funds appropriated under this heading. 
     The conferees expect such plan will include the distribution 
     of unobligated balances and recoveries, as well as any 
     transfers to this account from other accounts. The operating 
     plan should integrate the funds appropriated under this 
     heading in title VIII of this Act for OCO/GWOT, and the OCO/
     GWOT amounts should be separately identified in the 
     integrated plan.
       Funds in this account are allocated, unless otherwise 
     noted, according to the following table, and are subject to 
     the provisions of section 7019 of this Act:

               EDUCATIONAL AND CULTURAL EXCHANGE PROGRAMS
               [Budget authority in thousands of dollars]
------------------------------------------------------------------------
                                                                Budget
                          Activity                            authority
------------------------------------------------------------------------
Academic Exchanges.........................................      324,582
    Special Academic Exchanges (non-add)...................     [38,670]
Professional and Cultural Exchanges........................      193,964
    Special Professional and Cultural Exchanges (non-add)..      [7,881]
Program Evaluation.........................................        5,054
Exchanges Support..........................................       59,600
                                                            ------------
        Total, Educational and Cultural Exchange                583,200
         Programs\1\.......................................
------------------------------------------------------------------------
\1\An additional $15,600,000 is included in title VIII under this
  heading designated for OCO/GWOT pursuant to the Balanced Budget and
  Emergency Deficit Control Act of 1985.

                       REPRESENTATION ALLOWANCES

       The conference agreement provides $7,300,000 for 
     Representation Allowances.
       The conferees direct the Secretary of State to provide a 
     semi-annual report to the Committees on Appropriations on the 
     allotment and expenditure of representation allowances.


              PROTECTION OF FOREIGN MISSIONS AND OFFICIALS

       The conference agreement provides $27,000,000 for 
     Protection of Foreign Missions and Officials.
       The conferees expect the Secretary of State to continue to 
     submit to the Committees on Appropriations a semi-annual 
     report on the number of claims for extraordinary protective 
     services that have been submitted by eligible jurisdictions 
     and certified as meeting the program requirements, and the 
     amount of unobligated funds available to pay such claims.
       The conferees urge the Secretary of State to make 
     appropriate reimbursements to jurisdictions providing 
     security for visiting foreign officials and their delegations 
     attending the G-8 and NATO summits in the United States 
     during 2012.


            EMBASSY SECURITY, CONSTRUCTION, AND MAINTENANCE

       The conference agreement provides $1,537,000,000 for 
     Embassy Security, Construction, and Maintenance, of which 
     $775,000,000 is for worldwide security upgrades and 
     $762,000,000 is for other construction, operations, and 
     maintenance. The conference agreement provides an additional 
     $33,000,000 in title VIII under this heading designated for 
     OCO/GWOT pursuant to the Balanced Budget and Emergency 
     Deficit Control Act of 1985.
       The conference agreement does not include funding for the 
     nine new positions requested for fiscal year 2012. The 
     conference agreement includes authorization for the 
     Maintenance Cost Sharing initiative to utilize funding from 
     the Capital Security Cost Sharing (CSCS) program for the 
     maintenance, repair, and rehabilitation of new facilities 
     with an inter-agency presence.
       The conferees are concerned with the long-term 
     sustainability of the operating, maintenance, and utility 
     costs of new diplomatic and consular facilities and directs 
     the Secretary of State to impose a moratorium on beginning 
     any new Capital Security construction projects until the 
     Secretary provides the following information to the 
     Committees on Appropriations: (1) the additional annual costs 
     for operations and maintenance, including utilities and 
     salaries, and the number of additional facilities and 
     engineering staff that have been hired to operate the 
     diplomatic and consular facilities that have become 
     operational since the CSCS program began; (2) the estimated 
     additional costs for operations and maintenance, including 
     utilities and salaries, and the number of additional 
     facilities and engineering staff necessary to operate the 
     diplomatic and consular facilities that have been funded and/
     or are being constructed; and (3) the plan for addressing the 
     $111,000,000 in deferred maintenance at existing diplomatic 
     and consular facilities reported in the Department's 2010 
     financial statements.
       The conferees direct the Secretary of State to seek to 
     ensure that, where practicable, construction projects funded 
     by this Act are accessible to people with disabilities.
       Section 7004(c) of this Act continues the requirement that 
     all agencies and departments fully meet their capital cost 
     share obligations under section 604(e) of the Secure Embassy 
     Construction and Counterterrorism Act of 1999, and directs 
     that such agency assessments be proportional to the 
     Department of State's capital security cost share 
     contribution. The conferees direct that funds appropriated in 
     prior acts not be used to augment the Department of State's 
     capital security cost share contribution for purposes of 
     determining the 2012 capital security cost share assessment 
     of other agencies.
       Section 7004(f) of this Act includes a limitation on the 
     use of funds, other than funds from real property sales 
     located in London, United Kingdom, for site acquisition and 
     mitigation, planning, design or construction of the New 
     London Embassy and requires regular reporting on the 
     project's progress and cost.
       Section 7078 of this Act requires the Secretary of State to 
     submit to the Committees on Appropriations an operating plan 
     for funds appropriated under this heading. Such plan should 
     include all resources available to the Department of State in 
     fiscal year 2012 for operations, maintenance, and 
     construction, and an accounting of the actual and anticipated 
     proceeds of sales for all projects in fiscal year 2011. The 
     operating plan should integrate the funds appropriated under 
     this heading in title VIII of this Act for OCO/GWOT, and the 
     OCO/GWOT amounts should be separately identified in the 
     integrated plan.


           EMERGENCIES IN THE DIPLOMATIC AND CONSULAR SERVICE

                     (INCLUDING TRANSFER OF FUNDS)

       The conference agreement provides $9,300,000 for 
     Emergencies in the Diplomatic and Consular Service.


                   REPATRIATION LOANS PROGRAM ACCOUNT

                     (INCLUDING TRANSFER OF FUNDS)

       The conference agreement provides $1,447,000 for the 
     Repatriation Loans Program Account, of which not more than 
     $710,000 is for administrative expenses.


              PAYMENT TO THE AMERICAN INSTITUTE IN TAIWAN

       The conference agreement provides $21,108,000 for the 
     American Institute in Taiwan.


     PAYMENT TO THE FOREIGN SERVICE RETIREMENT AND DISABILITY FUND

       The conference agreement provides $158,900,000 for the 
     Foreign Service Retirement and Disability Fund.

                      International Organizations


              CONTRIBUTIONS TO INTERNATIONAL ORGANIZATIONS

       The conference agreement provides $1,449,700,000 for 
     Contributions to International Organizations, and an 
     additional $101,300,000 in title VIII under this heading is 
     designated for OCO/GWOT pursuant to the

[[Page 21060]]

     Balanced Budget and Emergency Deficit Control Act of 1985.
       The conferees direct the Secretary of State to report to 
     the Committees on Appropriations, not later than 90 days 
     after enactment of this Act, on the current status of the 
     United Nations Capital Master Plan, including its initial 
     scope and costs, any modifications made or planned, and the 
     total contributions made to date by each United Nations (UN) 
     member state.
       The conferees direct the Secretary of State to conduct a 
     review of United States membership in each international 
     organization supported by this account and prioritize the 
     United States participation in, and funding for, each 
     organization in accordance with United States policy goals. 
     The review should also include any recent reforms the 
     organizations have taken to increase transparency and 
     accountability. The conferees direct the Secretary to provide 
     the results of the review not later than 120 days after 
     enactment of this Act.
       The conferees direct the United States Mission to the 
     United Nations (USUN) and the Department of State to continue 
     to advocate for an independent Office of Internal Oversight 
     Services (OIOS) to improve internal controls, efficiency, and 
     effectiveness of the UN. The conferees expect the Department 
     and USUN to make the United Nations Transparency and 
     Accountability Initiative a priority, and to provide updates 
     in the congressional budget justification for fiscal year 
     2013 and on the Web site.
       The conferees expect the Department of State to continue to 
     submit a report to the Committees on Appropriations on voting 
     practices in the UN.
       Section 7078 of this Act requires the Secretary of State to 
     submit an operating plan for the funds made available under 
     this heading. The operating plan should include each 
     international organization funded, a notation of any exchange 
     rate fluctuations that occurred since such estimates were 
     calculated for the congressional budget justification for 
     fiscal year 2012, and a description of any Tax Equalization 
     Fund credits applied. In addition, the operating plan should 
     integrate the funds appropriated under this heading in title 
     VIII of this Act for OCO/GWOT, and the OCO/GWOT amounts 
     should be separately identified in the integrated plan.


        CONTRIBUTIONS FOR INTERNATIONAL PEACEKEEPING ACTIVITIES

       The conference agreement provides $1,828,182,000 for 
     Contributions for International Peacekeeping Activities.
       The conferees expect the Department of State and USUN to 
     evaluate and prioritize peacekeeping missions, and consider 
     phase-out and withdrawal when mission goals have been 
     substantially achieved.
       The conferees direct the Department of State to ensure that 
     OIOS conducts oversight of UN peacekeeping missions.
       The conference agreement includes language in section 7078 
     requiring an operating plan for this account not later than 
     30 days after enactment of this Act. The conferees expect the 
     operating plan to include each peacekeeping mission funded 
     and a description of any credits applied.

                       International Commissions


 International Boundary and Water Commission, United States and Mexico

                         Salaries and Expenses

       The conference agreement provides $44,722,000 for salaries 
     and expenses of the International Boundary and Water 
     Commission, United States and Mexico (IBWC).


                              CONSTRUCTION

       The conference agreement provides $31,453,000 for planning, 
     preparation, and construction.
       Funds in this account are allocated according to the 
     following table and are subject to the provisions of section 
     7019 of this Act:

                            IBWC-Construction
               [Budget authority in thousands of dollars]
------------------------------------------------------------------------
                                                                Budget
                      Program/activity                        authority
------------------------------------------------------------------------
Water Quantity Program.....................................       24,353
    Rio Grande Flood Control System Rehabilitation (non-         [9,700]
     add)..................................................
Water Quality Program......................................        1,400
Resource & Asset Management Program........................        5,700
                                                            ------------
        Total, IBWC--Construction..........................       31,453
------------------------------------------------------------------------

              AMERICAN SECTIONS, INTERNATIONAL COMMISSIONS

       The conference agreement provides $11,687,000 for American 
     Sections, International Commissions.


                  INTERNATIONAL FISHERIES COMMISSIONS

       The conference agreement provides $36,300,000 for 
     International Fisheries Commissions.
       The conference agreement includes funding for the 
     operational costs of the International Pacific Halibut 
     Commission, including current lease expenses, and the 
     conferees direct the Commission to fund these costs prior to 
     investing in new programs or expanding existing programs.
       The conferees intend that funds made available under this 
     heading be allocated as detailed in the Senate report.

                             RELATED AGENCY

                    Broadcasting Board of Governors


                 INTERNATIONAL BROADCASTING OPERATIONS

       The conference agreement provides $740,100,000 for 
     International Broadcasting Operations, and an additional 
     $4,400,000 in title VIII under this heading is designated for 
     OCO/GWOT pursuant to the Balanced Budget and Emergency 
     Deficit Control Act of 1985.
       The conferees endorse Senate report language regarding the 
     denial of funding for Broadcasting Board of Governors (BBG) 
     program enhancements. The conferees do not support the 
     proposed recommendation to restructure broadcasting to the 
     PRC, and provide adequate funding to sustain fiscal year 2011 
     program levels for Voice of America (VOA) and Radio Free Asia 
     broadcasts to the PRC, including engineering costs. The 
     conferees also provide adequate funding to continue fiscal 
     year 2011 program levels for Radio Free Europe/Radio 
     Liberty's Radio Mashaal and VOA's Radio Deewa.
       The conferees direct the BBG to notify the Committees on 
     Appropriations of any significant increases or decreases to 
     broadcast hours on each transmission platform (including 
     shortwave, medium wave, Internet, satellite, and television) 
     previously justified to Congress for all BBG language 
     services. The conferees do not intend that the BBG should 
     notify the Committees regarding minor or short-term broadcast 
     schedule changes with minimal funding implications or that 
     result from spring and fall time changes.
       The conferees support continued funding for the BBG's 
     Internet circumvention program and direct the BBG to submit a 
     report to the Committees on Appropriations, prior to the 
     initial obligation of funds, detailing planned expenditures 
     of funds that are made available for activities to promote 
     Internet freedom. The conferees also direct the BBG, in 
     coordination with the Secretary of State, to submit to the 
     Committees on Appropriations, not later than September 30, 
     2012, a report describing efforts supported by the BBG, 
     Department of State and USAID to promote Internet freedom, 
     including an assessment of the results of such efforts and 
     safeguards against the use of circumvention technology for 
     illicit or illegal purposes. The conferees recommend that the 
     fiscal year 2013 congressional budget justification materials 
     include a request for funds for this program under this 
     heading.
       Funds in this account are allocated according to the 
     following table and are subject to the provisions of section 
     7019 of this Act:

                  International Broadcasting Operations
               [Budget authority in thousands of dollars]
------------------------------------------------------------------------
                                                                Budget
                          Program                             authority
------------------------------------------------------------------------
Federal
    BBG/IBB Operations.....................................       72,760
    Voice of America.......................................      206,255
    Broadcasting to Cuba...................................       28,475
    Engineering and Technical Services.....................      189,300
        Subtotal, Federal..................................      496,790
Independent Grantee Organizations:
    Radio Free Europe/Radio Liberty (RFE/RL)...............       94,870
    Radio Free Asia........................................       38,315
    Middle East Broadcasting Networks......................      110,125
                                                            ------------
        Subtotal, Grantees.................................      243,310
                                                            ------------
            Total, International Broadcasting Operations\1\     740,100
------------------------------------------------------------------------
\1\ An additional $4,400,000 is included in title VIII under this
  heading designated for OCO/GWOT pursuant to the Balanced Budget and
  Emergency Deficit Control Act of 1985.

       Section 7078 requires the BBG to submit an operating plan 
     for funds appropriated under this heading not later than 30 
     days after enactment of this Act. The conferees request that 
     such plan include the assessed amount for the BBG's capital 
     security cost share. In addition, the operating plan should 
     integrate the funds appropriated under this heading in title 
     VIII of this Act for OCO/GWOT, and the OCO/GWOT amounts 
     should be separately identified in the integrated plan.


                   BROADCASTING CAPITAL IMPROVEMENTS

       The conference agreement provides $7,030,000 for 
     Broadcasting Capital Improvements.

                            RELATED PROGRAMS

                          The Asia Foundation

       The conference agreement provides $17,000,000 for The Asia 
     Foundation (TAF).
       The conferees urge TAF to continue to seek donations from 
     private foundations and corporations, competitively bid 
     awards from governmental and multilateral development 
     agencies, and fee-based or reimbursable agreements as a means 
     of sustaining its activities, programs and offices in an 
     environment of fiscal constraint. The conferees request that 
     TAF include a summary table detailing total revenue and 
     support by category for fiscal year 2011 and projected for 
     fiscal year 2012 in the fiscal year 2013 congressional budget 
     justification.

                    United States Institute of Peace

       The conference agreement provides $30,589,000 for the 
     United States Institute of Peace (USIP), and an additional 
     $8,411,000 in title VIII under this heading is designated for 
     OCO/GWOT pursuant to the Balanced Budget and Emergency 
     Deficit Control Act of 1985.
       The conferees urge USIP to continue to seek competitively 
     bid awards from other Federal agencies and to fully implement 
     fee-based or reimbursable agreements, where appropriate, as a 
     means of sustaining its activities and programs in an 
     environment of

[[Page 21061]]

     fiscal constraint. The conferees request USIP include in the 
     fiscal year 2013 congressional budget justification 
     information on the amount of funds received in fiscal year 
     2011 from other Federal agencies, and the amount of revenue 
     generated from fees and reimbursable agreements in fiscal 
     year 2011, and projected for fiscal years 2012 and 2013.

         Center for Middle Eastern-Western Dialogue Trust Fund

       The conference agreement provides $840,000 from interest 
     and earnings from the Center for Middle Eastern-Western 
     Dialogue Trust Fund.

                 Eisenhower Exchange Fellowship Program

       The conference agreement provides $500,000 from interest 
     and earnings from the Eisenhower Exchange Fellowship Program 
     Trust Fund.

                    Israeli Arab Scholarship Program

       The conference agreement provides $375,000 from interest 
     and earnings from the Israeli Arab Scholarship Endowment 
     Fund.

                            East-West Center

       The conference agreement provides $16,700,000 for the East-
     West Center.

                    National Endowment for Democracy

       The conference agreement provides $117,764,000 for the 
     National Endowment for Democracy (NED).
       The conference agreement directs that $100,000,000 shall be 
     allocated in the traditional and customary manner, as in 
     prior years, to include the core institutes.
       The conference agreement requires the President of NED to 
     submit a report on the proposed uses of these funds on a 
     regional and country basis not later than 45 days after 
     enactment of this Act. The report should include programmatic 
     goals for each country and region, and how the planned use of 
     funds will meet such goals. The conferees direct NED to 
     consult with the Committees on Appropriations in advance of 
     any significant deviation from the plans outlined in such 
     report.

                           OTHER COMMISSIONS

      Commission for the Preservation of America's Heritage Abroad


                         Salaries and Expenses

       The conference agreement provides $634,000 for Commission 
     for the Preservation of America's Heritage Abroad.

      United States Commission on International Religious Freedom


                         SALARIES AND EXPENSES

       The conference agreement provides $3,000,000 for the United 
     States Commission on International Religious Freedom.
       The conference agreement extends the Commission's 
     authorization for one year and adds language making 
     applicable to the Commission certain authorities and 
     limitations regarding employee rights, travel, and the 
     procurement of temporary services.
       The conferees also direct the Commission to provide a 
     report to the Committees on Appropriations on actual fiscal 
     year 2012 obligations and expenditures by cost category not 
     later than October 31, 2012.

            Commission on Security and Cooperation in Europe


                         SALARIES AND EXPENSES

       The conference agreement provides $2,715,000 for the 
     Commission on Security and Cooperation in Europe.

  Congressional-Executive Commission on the People's Republic of China


                         Salaries and Expenses

       The conference agreement provides $1,996,000 for 
     Congressional-Executive Commission on the People's Republic 
     of China.

      United States-China Economic and Security Review Commission


                         SALARIES AND EXPENSES

       The conference agreement provides $3,493,000 for the United 
     States-China Economic and Security Review Commission.
       Not later than 180 days after enactment of this Act, the 
     conferees direct the Commission to report to the Committees 
     on Appropriations on the use of non-military assistance by 
     the PRC (including loans, grants, and other funds not 
     recognized as assistance by the Organization for Economic 
     Cooperation and Development) to expand its strategic 
     influence and access to natural resources. The report should 
     be prepared on a region-by-region basis, include an analysis 
     of the use of state-owned enterprises by the Government of 
     the PRC (including those of the People's Liberation Army) to 
     further these objectives, and be publicly available on the 
     Commission's Web site.

                                TITLE II

           UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT

                  Funds Appropriated to the President


                           OPERATING EXPENSES

                     (INCLUDING TRANSFER OF FUNDS)

       The conference agreement provides $1,092,300,000 for USAID 
     Operating Expenses, and an additional $255,000,000 in title 
     VIII under this heading is designated for OCO/GWOT pursuant 
     to the Balanced Budget and Emergency Deficit Control Act of 
     1985.
       The conference agreement extends the period of availability 
     of funds under this heading from one to two years, and no 
     longer extends the authorities of section 7011 for funds made 
     available under this heading.
       The conference agreement does not provide funding for 
     additional Development Leadership Initiative positions in 
     fiscal year 2012.
       The conferees recognize the importance of USAID's 
     procurement reform efforts to enable USAID to become a more 
     accessible, transparent, effective, and efficient agency, and 
     the conference agreement includes several provisions intended 
     to support these efforts as well as to build the capacity of 
     local partners. The conference agreement includes section 
     7077 regarding authority for a local competition pilot 
     project, provides $22,000,000 for the Acquisition Workforce 
     Initiative and the Implementation and Procurement Reform 
     Initiative, and $3,000,000 for upgrades to the procurement IT 
     system. The conferees intend that these funds will be used 
     for USAID's procurement reform efforts in fiscal years 2012 
     and 2013. In addition, the conference agreement includes 
     adequate funds for fiscal year 2012 staffing and operations 
     costs for the Office of Acquisition and Assistance and for 
     operations and maintenance of the procurement IT system. The 
     conference agreement does not include a requested provision 
     authorizing a new USAID Working Capital Fund. The conferees 
     will revisit the justification for such a fund in fiscal year 
     2013. The conferees direct the USAID Administrator to provide 
     to the Committees on Appropriations not later than May 1, 
     2012, an assessment of the efficiencies and improvements 
     achieved as a result of USAID's procurement reform efforts.
       The conferees direct the USAID Administrator to provide a 
     report on staff hired by USAID, not later than 60 days after 
     enactment of this Act, which details the number of people 
     employed by: employment category (direct hire, personal 
     service contractor, Participating Agency Service Agreement, 
     and similar categories); veteran status of direct hires; 
     headquarters office or overseas post; and the appropriation 
     account used to fund employees. The report shall also include 
     the specific legislative authorities used to hire the 
     employees as applicable, and if hired by another Federal 
     agency, the additional administrative expenses charged by 
     that agency. The conferees direct that this employment report 
     reflect data as of the end of fiscal year 2011.
       As in past years, USAID is directed to notify the 
     Committees on Appropriations 15 days prior to any procurement 
     action that involves awarding a sole source contract in 
     excess of $15,000,000; awarding a non-competitive grant or 
     contract (other than sole source) in an amount greater than 
     $75,000,000; raising the ceiling on an existing Indefinite 
     Quantity Contract (IQC) by an amount greater than 
     $35,000,000; issuing a new IQC in excess of $75,000,000; 
     awarding an umbrella grant in excess of $25,000,000; or 
     raising the ceiling on an existing umbrella grant in excess 
     of $25,000,000. This requirement does not apply to assistance 
     in critical priority countries and assistance for 
     humanitarian response or post-conflict situations.
       The conferees direct the USAID Administrator to include in 
     the fiscal year 2013 congressional budget justification an 
     estimate of savings resulting from closing missions by each 
     mission for fiscal years 2012, 2013, and 2014. The conferees 
     support USAID's plan to close three missions during fiscal 
     year 2012.
       The conference agreement includes changes in section 7015 
     on notification requirements for certain reorganization 
     actions, and the conferees direct the USAID Administrator to 
     consult with the Committees on Appropriations prior to 
     initiating such actions. For the purposes of this 
     requirement, such reorganizations are limited to those 
     resulting in a significant shift in responsibility of the 
     operating unit or in staffing and funds. The conferees do not 
     expect to be consulted or notified for staffing 
     reorganizations resulting in little or no change in 
     responsibility of the operating unit, staffing or funds.
       The conferees direct the USAID Administrator to submit a 
     report to the Committees on Appropriations, not later than 
     180 days after enactment of this Act, on the implementation 
     of its branding policy. The report should include an analysis 
     of the public diplomacy impact of the current branding policy 
     on a regional basis and the justification for the use of 
     waivers to the policy.
       The conferees intend that funds appropriated under this 
     heading be made available to develop and implement training 
     for staff in overseas missions to promote the full inclusion 
     and equal participation of people with disabilities. The 
     conferees direct the USAID Administrator to seek to ensure 
     that, where practicable, construction projects funded by this 
     Act are accessible to people with disabilities and in 
     compliance with USAID Policy on Standards for Accessibility 
     for the Disabled, or other similar accessibility standards.
       Funds in this account are allocated, unless otherwise 
     noted, according to the following table, and are subject to 
     the provisions of section 7019 of this Act:

                        USAID OPERATING EXPENSES
               [Budget authority in thousands of dollars]
------------------------------------------------------------------------
                                                              Budget
                         Program                             authority
------------------------------------------------------------------------
Agency Reform Efforts...................................         344,762
    Development Leadership Initiative (no new hires)           [319,762]
     (non-add)..........................................
        Procurement Reform (non-add)....................        [25,000]

[[Page 21062]]

 
Non-Frontline States Operations (including headquarters)         632,100
Overseas Space Expansion................................          12,500
Central Support.........................................         191,064
Less other sources\1\...................................         -88,126
                                                         ---------------
    TOTAL, USAID Operating Expenses\2\..................      1,092,300
------------------------------------------------------------------------
\1\Other sources include trust funds and reimbursements.
\2\An additional $255,000,000 is included in title VIII under this
  heading designated for OCO/GWOT pursuant to the Balanced Budget and
  Emergency Deficit Control Act of 1985.

                        CAPITAL INVESTMENT FUND

       The conference agreement provides $129,700,000 for the 
     Capital Investment Fund.
       The conferees direct the USAID Administrator to consult 
     with the Committees on Appropriations, not later than 60 days 
     after enactment of this Act and prior to the initial 
     obligation of funds, on the proposed uses of these funds for 
     the Capital Security Cost Sharing Program.


                      OFFICE OF INSPECTOR GENERAL

       The conference agreement provides $46,500,000 for the 
     Office of Inspector General, and an additional $4,500,000 in 
     title VIII under this heading is designated for OCO/GWOT 
     pursuant to the Balanced Budget and Emergency Deficit Control 
     Act of 1985.
       Funds appropriated under this heading are subject to the 
     terms of section 7078 of this Act.

                               TITLE III

                     BILATERAL ECONOMIC ASSISTANCE

                  Funds Appropriated to the President


                         GLOBAL HEALTH PROGRAMS

                     (INCLUDING TRANSFER OF FUNDS)

       The conference agreement provides $8,167,860,000 for Global 
     Health Programs.
       The conference agreement does not include language 
     restricting the use of USAID's Global Health Programs funds 
     for nonproject assistance. However, the conferees understand 
     that USAID does not intend to enter into additional funding 
     arrangements of this type, and agree with that position.
       The Secretary of State and USAID Administrator are directed 
     to provide a government-wide funding summary of global health 
     programs for fiscal year 2012 to the Committees on 
     Appropriations, not later than 90 days after enactment of 
     this Act. The conferees expect the report to include a 
     description of the differentiation of goals, implementing 
     partners, and auditing standards for each Federal agency.
       The conferees expect USAID to prioritize awarding funds 
     under this heading through a competitive bidding process.
       The conferees direct the USAID Administrator and the United 
     States Global AIDS Coordinator to provide to the Committees 
     on Appropriations, not later than 60 days after enactment of 
     this Act, a report detailing steps taken to prevent the 
     misappropriation of drugs funded through bilateral and 
     multilateral funds.
       The conferees direct USAID to develop and submit a new 
     multi-year strategy on health-related research and 
     development to the Committees on Appropriations.
       The conferees direct that no funds under this heading may 
     be used for needle exchange programs in fiscal year 2012.
       The conferees direct the United States Global AIDS 
     Coordinator to consult with the Committees on Appropriations, 
     not later than 45 days after enactment of this Act, on how 
     the Office of the Global AIDS Coordinator (OGAC) is expanding 
     efforts to support microbicide development and product 
     access.
       The conferees direct the United States Global AIDS 
     Coordinator to consult with the Committees on Appropriations 
     regarding opportunities to further reduce treatment costs to 
     enable more individuals to have access to life-saving drugs.
       The conferees direct the Secretary of State to provide a 
     report to the Committees on Appropriations, not later than 
     120 days after enactment of this Act, that contains the most 
     recent Global Fund audit information, commitment and 
     disbursement data, and a summary of the recipient and sub-
     recipient expenditures as reported to the United States 
     Government, and to notify the Committees when this 
     information is posted on the Department's Web site.
       The conferees urge OGAC to work with countries to increase 
     HIV testing, including the use of rapid tests, where 
     feasible.
       The conferees recommend that USAID and OGAC continue to 
     support HIV-related media prevention programming.
       The conferees recommend that OGAC and the USAID Bureau for 
     Global Health consider utilizing the Department of the 
     Treasury's technical advisors when programming funds for 
     procurement and oversight capacity building in recipient 
     countries.
       Funds in this account are allocated, unless otherwise 
     noted, according to the following table, and are subject to 
     the provisions of section 7019 of this Act:

                         GLOBAL HEALTH PROGRAMS
               [Budget authority in thousands of dollars]
------------------------------------------------------------------------
                                                              Budget
                    Program/activity                         authority
------------------------------------------------------------------------
Maternal and Child Health...............................         605,550
    Polio (non-add).....................................       [35,000]
    The GAVI Alliance (non-add).........................       [100,000]
    Micronutrients (non-add)............................        [30,000]
    [of which, Vitamin A] (non-add).....................        [20,000]
    [of which, Iodine Deficiency Disorder] (non-add)....         [2,000]
Nutrition (USAID).......................................          95,000
Vulnerable Children (USAID).............................          17,500
    Blind Children (non-add)............................         [2,500]
HIV/AIDS (USAID)........................................         350,000
    Microbicides (non-add)..............................        [45,000]
HIV/AIDS (Department of State)..........................       5,542,860
    Global Fund to Fight HIV/AIDS, Malaria and               [1,050,000]
     Tuberculosis (non-add).............................
    UNAIDS (non-add)....................................        [45,000]
Family Planning/Reproductive Health (USAID).............         523,950
Other Infectious Diseases (USAID).......................       1,033,000
    Pandemic Preparedness (non-add).....................        [58,000]
    Malaria (non-add)...................................       [650,000]
    Tuberculosis (non-add)..............................       [236,000]
    [of which, Global TB Drug Facility] (non-add).......        [15,000]
    Neglected Tropical Diseases (non-add)...............        [89,000]
                                                         ---------------
        Total, Global Health Programs...................       8,167,860
------------------------------------------------------------------------

                         DEVELOPMENT ASSISTANCE

       The conference agreement provides $2,519,950,000 for 
     Development Assistance (DA).


                                PROGRAMS

       The conferees expect USAID to allocate funds provided for 
     the American Schools and Hospitals Abroad program through an 
     open and competitive process, in accordance with all 
     applicable rules and regulations.
       The conference agreement moves the position of Basic 
     Education Coordinator from the Department of State to USAID. 
     The conferees direct USAID to integrate schools and 
     educational programs, as appropriate, within health and 
     development programs to continue to implement the 
     ``Communities of Learning'' model. The USAID Administrator is 
     directed to consult with the Committees on Appropriations on 
     a regular basis on these efforts.
       The conferees authorize a contribution to be made to the 
     Global Partnership for Education (the Partnership), formerly 
     known as the Education for All Fast Track Initiative, with 
     funds appropriated in this Act for basic education. The 
     conferees expect USAID to maintain its leadership role on the 
     Partnership's Executive Board and provide assistance with 
     monitoring and evaluation efforts.
       The conferees endorse Senate report language regarding 
     $15,000,000 for partnerships between United States and 
     African institutions of higher education.
       The conferees expect USAID to consider the prevalence of 
     child marriage when developing country operational plans and 
     increase programmatic focus on this issue where appropriate.
       The conferees direct the USAID Administrator to submit a 
     report to the Committees on Appropriations, not later than 
     120 days after the date of enactment of this Act, on 
     implementation of the Development Innovation Ventures (DIV) 
     program. The report should include an overview of projects 
     funded by DIV and their outcomes as they relate to the goals 
     and objectives of the program, including successes related to 
     efficiencies and cost-effectiveness. The conferees support 
     USAID's efforts to leverage other Federal agencies' 
     investments in similar areas and avoid duplication.
       Funds made available for food security and agriculture 
     development are subject to the terms of section 7078 of this 
     Act. The required spend plan should also specify the amount 
     and purpose of any funds to be transferred to other agencies.
       Funds provided for environment programs funded through 
     USAID, the Department of State, and the Department of the 
     Treasury should be made available to help developing 
     countries reduce greenhouse gas emissions; develop renewable 
     energy and increase end-use energy efficiency; adapt to 
     rising temperatures, water and food scarcity, and rising sea 
     levels; protect tropical forests, wildlife, and other 
     biodiversity; and implement policies for the transparent and 
     sustainable use of natural resources. The conferees endorse 
     language in the Senate report directing that $200,000,000 be 
     made available for biodiversity conservation programs, 
     including $2,000,000 to implement and enforce the Lacey Act 
     (section 8204 of Public Law 110-246), $10,000,000 for 
     biodiversity programs in the Brazilian Amazon and $20,000,000 
     for such programs in the Andean Amazon. The conferees endorse 
     language in the Senate report on funding for the Congo Basin 
     Forest Partnership, and direct that not less than $9,000,000 
     of such funds be directly apportioned to the United States 
     Fish and Wildlife Service (USFWS) for programs in Central 
     Africa. The conferees endorse language in the Senate report 
     directing that $1,000,000 be directly apportioned to the 
     Department of the Interior for biodiversity and 
     archaeological conservation activities in Guatemala's Mayan 
     Biosphere Reserve, to include governance and law enforcement. 
     The conferees recommend funding for other international 
     conservation programs administered by the USFWS, United 
     States Forest Service, the National Park Service, and the 
     National Oceanic and Atmospheric Administration. The 
     conferees continue to support funding to protect great apes 
     in Indonesia and Africa and wildlife in South Sudan and 
     Niger.
       The conferees direct the Secretary of the Treasury to 
     submit a report to the Committees on Appropriations 
     describing, for each international financial institution, the 
     amount and type of assistance provided, by country, for the 
     extraction and export of natural resources in the preceding 
     12 months, and whether each institution considered, in 
     providing such assistance, the extent to which the country 
     has functioning

[[Page 21063]]

     systems, laws, and regulations in place to prevent or limit 
     the public disclosure of company payments as required by 
     section 1504 of Public Law 111-203.
       The conferees endorse funding and purposes included in the 
     Senate report for the Leahy War Victims Fund.
       The conferees direct the USAID Administrator to target 50 
     percent of funding for microenterprise and microfinance to 
     the very poor, as required by section 252(c) of the Foreign 
     Assistance Act of 1961. The conferees direct USAID to 
     continue to increase these programs in sub-Saharan Africa.
       The conferees note the importance of land tenure in 
     economic development, and expect USAID to build upon the 
     programmatic experience of the Millennium Challenge 
     Corporation to improve the implementation of such activities.
       The conferees expect USAID to seek to ensure that 
     assistance does not compete with emerging small businesses, 
     entrepreneurs, and local economies in recipient countries, 
     and instead works to strengthen them.
       The conferees direct the Secretary of State, in 
     consultation with the Ambassador-at-Large of the Office for 
     Global Women's Issues, other relevant United States 
     Government agencies, and international and nongovernmental 
     organizations, to identify and take emergency measures to 
     respond to violence against women and girls in situations of 
     armed conflict and direct the Secretary of State to consult 
     with the Committees on Appropriations, as necessary.
       The conferees endorse funding included in the Senate report 
     for victims of torture.


                               COUNTRIES

       Ecuador.--The conferees endorse language in the Senate 
     report on health and environment programs in Ecuador.
       Ethiopia.--The conferees remain concerned with the 
     Government of Ethiopia's increasing restrictions on the media 
     and expect the Department of State and USAID to support 
     programs that promote freedom of expression and association 
     in Ethiopia.
       Guatemala.--The conferees support programs to address 
     gender-based violence.
       Indonesia.--The conferees recommend that $70,000,000 of 
     funds provided under this heading be made available for 
     assistance for Indonesia, of which not less than $400,000 
     should be made available for grants for capacity building of 
     Indonesian human rights organizations, including in Papua.
       Morocco.--The conferees note that funds provided in title 
     III of this Act for Morocco may be used in regions and 
     territories administered by Morocco. The conferees remain 
     concerned with resolving the dispute over the Western Sahara 
     and urge the Department of State to prioritize a negotiated 
     settlement.
       Nepal.--The conferees endorse the Senate report 
     recommending that $7,000,000 under this heading be made 
     available for assistance for Nepal.
       People's Republic of China.--The conference agreement does 
     not include funds for programs in the PRC under this heading.
       Philippines.--The conferees recommend that $35,000,000 be 
     made available for assistance for the Philippines under this 
     heading.
       Senegal.--The conferees recommend that not less than 
     $50,000,000 should be made available for assistance for 
     Senegal under this heading. However, the conferees are 
     concerned that Hissene Habre has not been extradited for 
     prosecution for crimes against humanity, and direct the 
     Secretary of State to submit a report to the Committees on 
     Appropriations, not later than 45 days after enactment of 
     this Act, on steps taken by the Government of Senegal to 
     assist in bringing Habre to justice.
       Vietnam.--The conferees recommend not less than $5,000,000 
     under this heading be made available for health/disability 
     activities in areas in Vietnam that were targeted with Agent 
     Orange or remain contaminated with dioxin. The conferees 
     endorse Senate report language on consultation and the 
     development of a multi-year plan.


                   INTERNATIONAL DISASTER ASSISTANCE

       The conference agreement provides $825,000,000 for 
     International Disaster Assistance, and an additional 
     $150,000,000 in title VIII under this heading is designated 
     for OCO/GWOT pursuant to the Balanced Budget and Emergency 
     Deficit Control Act of 1985.
       The conferees direct the USAID Administrator to consult 
     with the Committees on Appropriations on efforts to 
     facilitate communication and collaboration with the private 
     sector, non-profit organizations, and other entities seeking 
     to assist during an international disaster.
       The USAID Administrator is also directed to consult with 
     the Committees on Appropriations, not later than 90 days 
     after enactment of this Act, on the format and content of 
     international disaster assistance reports that are made 
     available to Congress and the public.


                         TRANSITION INITIATIVES

       The conference agreement provides $50,141,000 for 
     Transition Initiatives, and an additional $6,554,000 in title 
     VIII under this heading is designated for OCO/GWOT pursuant 
     to the Balanced Budget and Emergency Deficit Control Act of 
     1985.
       The conferees direct USAID's Office of Transition 
     Initiatives (OTI) to submit a report to the Committees on 
     Appropriations at the end of the fiscal year summarizing new, 
     ongoing, and completed country programs implemented by OTI in 
     fiscal year 2012. Prior to submission, OTI should consult 
     with the Committees on Appropriations regarding the format 
     and content of the report.


                          COMPLEX CRISES FUND

       The conference agreement provides $10,000,000 for Complex 
     Crises Fund, and an additional $30,000,000 in title VIII 
     under this heading is designated for OCO/GWOT pursuant to the 
     Balanced Budget and Emergency Deficit Control Act of 1985.


                      DEVELOPMENT CREDIT AUTHORITY

                     (INCLUDING TRANSFER OF FUNDS)

       The conference agreement provides a ceiling of $40,000,000 
     for funds that may be transferred from other programs in this 
     title to the Development Credit Program and provides 
     $8,300,000 for administrative expenses.


                         ECONOMIC SUPPORT FUND

                     (INCLUDING TRANSFER OF FUNDS)

       The conference agreement provides $3,001,745,000 for 
     Economic Support Fund (ESF), and an additional $2,761,462,000 
     in title VIII under this heading is designated for OCO/GWOT 
     pursuant to the Balanced Budget and Emergency Deficit Control 
     Act of 1985.
       Section 7078 of this Act requires submission of a spend 
     plan for certain countries and programs not later than 30 
     days after enactment of this Act. The conferees request that 
     these spend plans integrate the funds appropriated under this 
     heading and in title VIII of this Act for OCO/GWOT where 
     appropriate, and the OCO/GWOT amounts should be separately 
     identified in the integrated plan.
       Afghanistan.--The conferees remain concerned with the 
     capacity of the Government of Afghanistan to effectively 
     oversee increased levels of direct government-to-government 
     assistance.
       The conferees direct the USAID Administrator to regularly 
     update the Committees on Appropriations on the Accountable 
     Assistance for Afghanistan Initiative.
       The conferees expect the Department of State to resolve 
     disagreements regarding the tax-exempt status for United 
     States-based contractors and subcontractors that implement 
     United States Government assistance programs in Afghanistan 
     and direct the Secretary of State to report to the Committees 
     on Appropriations on steps being taken to address tax-exempt 
     status in new and existing contracts and agreements.
       The conference agreement provides $10,000,000 for the 
     Afghan Civilian Assistance Program if problems identified by 
     the USAID Inspector General are addressed and not less than 
     $5,000,000 for the Office of Global Women's Issues small 
     grant program as described in the Senate report.
       Africa.--The conferees support the budget request for 
     Liberia and South Sudan.
       Burma.--The conferees endorse Senate report language on the 
     United States Special Envoy and Policy Coordinator for Burma 
     and request that the Special Envoy consult regularly with the 
     Committees on Appropriations on developments in, and 
     assistance for, Burma.
       Central American Regional Security Initiative (CARSI)/
     Caribbean Basin Security Initiative (CBSI).--The conferees 
     support the budget request for CARSI and CBSI.
       Colombia.--The conference agreement provides not less than 
     $179,000,000 under this heading to be apportioned directly to 
     USAID for continued support of new and ongoing alternative 
     development/institution building in Colombia, of which not 
     less than $7,000,000 shall be transferred to the Migration 
     and Refugee Assistance account to address the needs of 
     Colombian refugees in neighboring countries, and not less 
     than $15,000,000 is provided for assistance for Afro-
     Colombian and indigenous groups including for renewable 
     energy activities in isolated communities. The conferees 
     support assistance for flood relief and recovery including 
     for small farmers, and recommend that not less than 
     $3,000,000 be made available for continued support for 
     biodiversity conservation programs and $500,000 for 
     community-based programs to address the needs of children 
     disabled by landmines and other causes related to the armed 
     conflict.
       Cuba.--The conferees support the budget request for Cuba.
       Cyprus.--The conferees recommend $3,500,000 for Cyprus and 
     endorse the purposes and intent of the funding included in 
     the Senate report.
       Egypt.--The conference agreement includes conditions on 
     assistance and authority regarding assistance for Egypt in 
     section 7041 of this Act, which are further discussed under 
     title VII of this joint explanatory statement.
       The conferees direct the Secretary of State to submit a 
     report to the Committees on Appropriations, not later than 60 
     days after enactment of this Act, outlining steps that the 
     Government of Egypt is taking to protect religious 
     minorities, including Coptic Christians, prevent sectarian 
     and gender-based violence, and hold accountable those who 
     commit such acts.
       Funds made available for Egypt are subject to the terms of 
     section 7078 of this Act. The required spend plan shall also 
     include the proposed uses of unobligated/available funds 
     appropriated in prior years.

[[Page 21064]]

       El Salvador.--The conferees are aware of the devastating 
     flooding in El Salvador during 2011 that caused extensive 
     damage and recognize that El Salvador is extremely vulnerable 
     to recurrent natural disasters. The conferees expect that 
     additional assistance be provided under this heading and 
     under the International Disaster Assistance heading for flood 
     relief, reconstruction, and relocation of at-risk 
     populations, including support for small farmers, and to 
     enhance El Salvador's capabilities to prevent and respond to 
     future disasters.
       Haiti.--The conferees support the budget request for Haiti 
     and direct that assistance for Haiti provided under this 
     heading in this Act and prior appropriations acts be made 
     available, to the maximum extent practicable, in a manner 
     that emphasizes the participation of Haitian civil society 
     organizations and directly improves the security, economic 
     and social well-being, and political status of Haitian women 
     and girls.
       Iraq.--The conference agreement includes conditions on 
     assistance for Iraq in section 7041(d) of this Act, which are 
     similar to prior years. As the Government of Iraq's oil 
     revenues continue to increase, the conferees expect Iraq to 
     assume the full cost for development and security programs in 
     Iraq currently funded by the Department of State and USAID.
       The conferees recommend $10,000,000 for stabilization 
     programs in Iraq, for which the policy justification and 
     decisions shall be the responsibility of the Chief of 
     Mission. Such funds shall not be used for cultural programs 
     or for costs usually associated with Department of State 
     operations.
       Not later than 90 days after enactment of this Act, the 
     Secretary of State shall submit a report to the Committees on 
     Appropriations detailing: (1) the specific manner in which 
     the Government of Iraq has committed to contributing to, and 
     sustaining, security-related programs funded by this Act; (2) 
     the estimated timeframe under which Iraq will assume full 
     responsibility for funding such security-related programs; 
     (3) the operation and maintenance costs of aircraft utilized 
     in Iraq in support of security-related programs; and (4) 
     estimates for the overhead costs associated with security 
     sector programs in fiscal year 2012 and subsequent fiscal 
     years. The report may be submitted in classified form, if 
     necessary.
       The conferees expect the Department of State and USAID to 
     continue efforts to encourage the incorporation of women in 
     stabilizing and developing Iraq, including within government 
     institutions.
       The conferees endorse language in the Senate report on 
     ethno-religious minorities in Iraq.
       Jordan.--The conferees intend that assistance for Jordan 
     provided under this heading will be used for programs to 
     reduce poverty and create jobs, strengthen democracy, and 
     protect human rights, in addition to activities described in 
     the justification materials submitted to Congress.
       Lebanon.--The conferees recommend $500,000 for continued 
     support for the United States Forest Service's forest and 
     biodiversity conservation programs in Lebanon.
       Mexico.--The conferees support the budget request under 
     this heading and under the Development Assistance heading for 
     USAID programs in Mexico and direct the USAID Administrator 
     to submit a report, not later than 90 days after enactment of 
     this Act, on how these programs address the root causes of 
     violence and instability.
       Middle East Partnership Initiative (MEPI).--The conferees 
     provide $70,000,000 for MEPI and recommend that not less than 
     $10,000,000 of such funds be made available to continue 
     scholarships for students in countries with significant 
     Muslim populations at not-for-profit education institutions, 
     in a manner consistent with prior fiscal years, including the 
     awarding of funds through an open and competitive process. 
     The conferees endorse the reporting requirement under this 
     subheading in the Senate report.
       The conferees support efforts to promote peace and 
     stability in the Middle East, including through activities 
     that seek to mitigate extremist incitement and propaganda 
     efforts, in order to further United States counterterrorism 
     efforts.
       The conferees also encourage the use of Internet-based 
     activities to further peace and reconciliation online.
       Middle East Regional Cooperation Program (MERC).--The 
     conferees recommend $5,000,000 for MERC.
       Middle East/North Africa Response Fund (Response Fund).--
     The conference agreement includes $50,000,000 for the 
     Response Fund to provide the Department of State and USAID 
     with the necessary flexibility to respond quickly to 
     political crises in the Middle East and North Africa. The 
     Secretary of State and USAID Administrator are directed to 
     consult with the Committees on Appropriations on the uses of 
     such funds and submit a spending plan for all funds provided 
     in this Act and prior appropriations acts for these purposes.
       Near East Regional Democracy (NERD).--The conferees support 
     the budget request for NERD.
       Pakistan.--Funds provided under Chief of Mission authority 
     in Pakistan shall not be used for cultural programs or for 
     costs usually associated with Department of State operations.
       People's Republic of China.--The conferees recommend 
     $12,000,000 under this heading for United States institutions 
     of higher education and nongovernmental organizations for 
     democracy, governance, rule of law, and environment programs 
     in the PRC. These programs should support training for 
     citizens, lawyers, and businesses on key issues including 
     criminal justice, occupational safety, and environmental 
     protection. No funds are for the Government of China and 
     programs should be awarded on a competitive basis.
       The conferees endorse the requirement in the Senate report 
     for an assessment of the PRC's long term strategic intentions 
     in the region.
       Reconciliation Programs.--The conferees recommend 
     $10,000,000 for ``New Generation in the Middle East'' 
     initiative to build understanding, tolerance, and mutual 
     respect among young Israelis and Palestinians of diverse 
     economic and social backgrounds who have leadership 
     potential. The conferees intend such programs and activities 
     to be conducted in the region, and direct the Secretary of 
     State and the USAID Administrator to consult with the 
     Committees on Appropriations on the development and 
     implementation of this initiative.
       Syria.--The conference agreement includes a provision 
     relating to democracy and human rights programs in Syria. The 
     conferees direct that a portion of the funds be programmed in 
     consultation with other governments in the region, 
     specifically Turkey and other key allies in the Middle East, 
     as appropriate.
       Tibet.--The conferees endorse the funding and purposes 
     included in the Senate report for Tibet.
       Timor-Leste.--The conferees recommend not less than 
     $1,000,000 for higher education scholarships in Timor-Leste.
       Tunisia.--The conferees recommend $5,000,000 for democracy 
     and governance programs and for programs to protect human 
     rights in Tunisia. The conference agreement also authorizes 
     funding for the cost of loan guarantees.
       Uganda.--The conference agreement includes section 7043(h) 
     regarding areas affected by the Lord's Resistance Army (LRA). 
     The conferees support the goals of the Lord's Resistance Army 
     Disarmament and Northern Uganda Recovery Act (Public Law 111-
     172) to help end the atrocities committed by the LRA, protect 
     innocent civilians, and stabilize the affected region. The 
     conferees direct that up to $10,000,000 be made available for 
     peace and security in the affected region to address these 
     issues, including programs to improve physical access, 
     telecommunications infrastructure and early-warning 
     mechanisms and to support the disarmament, demobilization, 
     and reintegration of former LRA combatants, especially child 
     soldiers.
       Vietnam.--The conferees recommend not less than $15,000,000 
     for environmental remediation of dioxin contamination at the 
     Da Nang and Bien Hoa airports and other severely contaminated 
     sites.
       West Bank and Gaza.--The conference agreement continues 
     restrictions in current law on assistance for the West Bank 
     and Gaza, and includes new limitations.
       The conferees endorse Senate report language regarding a 
     Government Accountability Office assessment of the United 
     Nations Relief and Works Agency in the West Bank.


                            GLOBAL PROGRAMS

       The conferees recognize the utility of humanitarian cash 
     disbursements to individuals in certain limited dire 
     circumstances, but expect that any such assistance provided 
     through the government of the recipient country will comply 
     with the determination, consultation, and notification 
     requirements in section 7031 of this Act relating to direct 
     government-to-government assistance.
       The conferees endorse language in the Senate report on 
     classification societies, except that the foreign governments 
     noted shall include those of the Islamic Republic of Iran, 
     the Democratic People's Republic of North Korea, the Republic 
     of the Sudan, and Syria.
       The conferees recommend $3,000,000 to implement the 
     Kimberly Process Certification Scheme, but are concerned with 
     reports that the Kimberley Process is failing to prevent 
     conflict diamonds from entering the legitimate global diamond 
     trade. The conferees direct the Department of State to assess 
     whether the Kimberley Process can achieve its goals, and 
     whether alternative mechanisms are needed to prevent conflict 
     diamonds from entering legitimate supply chains.
       The conferees recommend $5,000,000 under this heading for 
     activities to counter violent extremism included in the 
     budget request under Nonproliferation, Anti-terrorism, 
     Demining, and Related Programs.
       The conference agreement provides the budget request for 
     counterterrorism programs in Africa. The conferees direct 
     that an additional $10,000,000 be made available for 
     counterterrorism programs in East Africa to be managed by 
     USAID.
       The conferees endorse language in the Senate report 
     recommending $5,000,000 for disability programs.
       The conferees support continued funding for the Department 
     of State's Internet freedom program and direct the Secretary 
     of State to submit to the Committees on Appropriations prior 
     to the initial obligation of

[[Page 21065]]

     funds, a report detailing planned expenditures of the funds 
     made available to promote Internet freedom. The conferees 
     also direct the Secretary, in coordination with the USAID 
     Administrator, to submit to the Committees, not later than 
     September 30, 2012, a report listing programs supported by 
     the Department of State and USAID to promote Internet 
     freedom, including an assessment of the results of these 
     programs and safeguards against the use of circumvention 
     technology for illicit or illegal purposes, and detailing how 
     such programs support and are coordinated with cyber 
     diplomacy and the United States International Strategy for 
     Cyberspace. The conferees recommend that the fiscal year 2013 
     congressional budget justification materials include a 
     request for funds for this program under this heading.
       The conferees recommend $5,000,000 for the Extractive 
     Industries Transparency Initiative.
       The conferees endorse language in the Senate report on 
     forensic anthropology in countries of Central and South 
     America.
       The conferees recommend $1,900,000 for the House Democracy 
     Partnership.
       The conferees recommend $4,500,000 under this heading for 
     polio eradication activities in Afghanistan and Pakistan.
       The conferees recommend that not less than $36,000,000 
     under the Economic Support Fund, International Narcotics 
     Control and Law Enforcement, Assistance for Europe, Eurasia 
     and Central Asia, and Development Assistance headings should 
     be used for activities to combat trafficking in persons 
     internationally, including to protect and rehabilitate 
     victims, prosecute perpetrators, and support research 
     initiatives. Additional funds are provided under Diplomatic 
     and Consular Programs.
       The conferees endorse language included in the Senate 
     report on assistance for wheelchair programs.


                             DEMOCRACY FUND

       The conference agreement provides $114,770,000 for 
     Democracy Fund.
       The conferees recognize that dissidents and defectors often 
     possess unique information about the political and economic 
     situation inside a country, particularly in closed societies. 
     The conferees therefore direct the Secretary of State, in 
     consultation with the heads of other relevant United States 
     agencies, to consider ways to better disseminate this 
     information, including to human rights groups and civil 
     society.


            ASSISTANCE FOR EUROPE, EURASIA AND CENTRAL ASIA

       The conference agreement provides $626,718,000 for 
     Assistance for Europe, Eurasia and Central Asia.
       The conferees support the budget request for fiscal year 
     2012 for countries funded under this heading and note that 
     any deviation from these amounts is subject to the regular 
     notification procedures of the Committees on Appropriations.
       The conferees endorse language in the Senate report 
     concerning assistance for the North Caucasus in the amount 
     and for purposes similar to prior fiscal years.
       The conferees recommend assistance for victims of the 
     Nagorno-Karabakh conflict at levels consistent with prior 
     years, and for ongoing needs related to the conflict. The 
     conferees urge a peaceful resolution of the conflict.
       The conferees direct the Secretary of the Treasury to keep 
     the Committees on Appropriations informed on its efforts to 
     address: export quotas, allocation of grain licenses, and VAT 
     tax refunds with the Government of Ukraine, and repression of 
     fundamental rights in Ukraine, including due process of law 
     and freedoms of expression and association.
       The conferees endorse language and funding amounts in the 
     Senate report for wildlife conservation programs in Russia 
     and forest management programs in Ukraine.
       The conferees support programs to address the fight against 
     tuberculosis and HIV/AIDS in Ukraine and Georgia.

                          Department of State


                    MIGRATION AND REFUGEE ASSISTANCE

       The conference agreement provides $1,639,100,000 for 
     Migration and Refugee Assistance, and an additional 
     $229,000,000 in title VIII under this heading is designated 
     for OCO/GWOT pursuant to the Balanced Budget and Emergency 
     Deficit Control Act of 1985.
       The conferees remain concerned with the plight of refugees 
     from Burma residing in Thailand and India, and recommend 
     sufficient funding to address their needs. The conferees 
     direct the Secretary of State to continue to make the welfare 
     of such refugees a priority, including in bilateral and 
     multilateral discussions with other donors and governments.
       The conferees endorse directives in the Senate report 
     concerning Iraqi and Pakistani refugees and internally 
     displaced persons (IDPs), and the use of assistance for 
     Pakistani IDPs identified in the Internally Displaced Persons 
     Vulnerability Assessment and Profiling mechanism.
       The conferees encourage the Secretary of State to sustain 
     and enhance efforts for increasing resettlement opportunities 
     for Eritrean refugees, and continue to coordinate with the 
     international community to develop and implement a strategy 
     to protect and assist displaced Somalis. Additionally, the 
     conferees encourage the Secretary to build on the Department 
     of State's report on repatriation and reintegration of 
     unaccompanied children by exploring initiatives and 
     partnerships with United States nongovernmental organizations 
     for the safe return and reintegration of such children.
       The conferees endorse the funding recommendation in the 
     Senate report regarding Tibetan refugees in India and Nepal 
     and urge the Secretary of State to work with the Government 
     of Nepal to ensure the safe transit of Tibetan refugees and 
     provide legal protections to Tibetans residing in Nepal.
       The conferees note that United Nations Relief and Works 
     Agency (UNRWA) schools serve as an alternative to Hamas-run 
     schools in Gaza, and that UNRWA has included supplemental 
     human rights and non-violent conflict resolution training in 
     their curriculum. The conferees urge the Secretary of State 
     to work with UNRWA to explore steps to further the 
     elimination of inflammatory and inaccurate information in 
     host country textbooks used in UNRWA schools. Additionally, 
     section 7049(d) continues the accountability report included 
     in prior appropriations acts for the Department of State, 
     foreign operations and related programs.


     UNITED STATES EMERGENCY REFUGEE AND MIGRATION ASSISTANCE FUND

       The conference agreement provides $27,200,000 for the 
     United States Emergency Refugee and Migration Assistance 
     Fund.

                          Independent Agencies


                              PEACE CORPS

                     (INCLUDING TRANSFER OF FUNDS)

       The conference agreement provides $375,000,000 for the 
     Peace Corps.
       The conferees note the recent enactment of the Kate Puzey 
     Peace Corps Volunteer Protection Act of 2011 (Public Law 112-
     57) containing various reporting requirements addressing the 
     safety and security of volunteers, including the prevention 
     of, and response to, sexual assault.
       The conferees direct that opinions and recommendations from 
     Peace Corps volunteers should be solicited through regular 
     surveys on a confidential basis, and that information that 
     would otherwise be obtainable under the Freedom of 
     Information Act that is of general interest to the public 
     concerning the Peace Corps is made publicly available in a 
     timely manner on the Peace Corps Web site.
       Funds appropriated under this heading are subject to the 
     terms of section 7078 of this Act.


                    MILLENNIUM CHALLENGE CORPORATION

       The conference agreement provides $898,200,000 for 
     Millennium Challenge Corporation (MCC).
       The conferees direct the Chief Executive Officer (CEO) of 
     the MCC to submit a report to the Committees of 
     Appropriations, not later than 90 days after enactment of 
     this Act, that includes an assessment of the current 
     practices, procedures, and recommendations for improvements 
     in the MCC's ability to identify and track patterns of 
     corruption; the MCC's process for determining the actions 
     necessary to inhibit corruption; and the process to determine 
     if the level of corruption warrants termination or suspension 
     of the MCC compact.
       The conferees reaffirm the MCC's mandate to increase 
     economic growth and reduce poverty, and direct the CEO of the 
     MCC to consult with the Committees on Appropriations, prior 
     to submission of congressional notifications, for new 
     compacts regarding the corresponding economic rate of return 
     estimated for each compact component funded.
       The conferees recognize that the MCC amended its 
     procurement guidelines on September 28, 2010, to bar 
     government-owned enterprises from competing for MCC 
     procurement contracts. The conferees direct the CEO of the 
     MCC to consult with the Committees on Appropriations on a 
     case-by-case basis if this policy is waived.
       The conferees direct the MCC CEO to submit an annual report 
     to the Committees on Appropriations, not later than 120 days 
     after enactment of this Act, on all MCC-funded investment 
     funds, that includes the following information for each 
     investment fund in operation: the identity, selection 
     process, and professional background of current and past 
     managers; the fees and compensation currently provided to 
     senior management; the level of MCC financing provided at the 
     end of the previous fiscal year; a comprehensive and detailed 
     description of the fund's operations, activities, financial 
     condition, and accomplishments for the preceding fiscal year; 
     and the audit plan for each fund.
       Funds in this account are subject to the requirements of 
     section 7078 of this Act.


                       INTER-AMERICAN FOUNDATION

       The conference agreement provides $22,500,000 for Inter-
     American Foundation.


                     AFRICAN DEVELOPMENT FOUNDATION

       The conference agreement provides $30,000,000 for African 
     Development Foundation.

                       DEPARTMENT OF THE TREASURY


               INTERNATIONAL AFFAIRS TECHNICAL ASSISTANCE

       The conference agreement provides $25,448,000 for 
     International Affairs Technical

[[Page 21066]]

     Assistance, and an additional $1,552,000 in title VIII under 
     this heading is designated for OCO/GWOT pursuant to the 
     Balanced Budget and Emergency Deficit Control Act of 1985.


                           DEBT RESTRUCTURING

       The conference agreement provides $12,000,000 for Debt 
     Restructuring to support implementation of the Tropical 
     Forest Conservation Act.

                                TITLE IV

                   INTERNATIONAL SECURITY ASSISTANCE

                          Department of State


          INTERNATIONAL NARCOTICS CONTROL AND LAW ENFORCEMENT

       The conference agreement provides $1,061,100,000 for 
     International Narcotics Control and Law Enforcement, and an 
     additional $983,605,000 in title VIII under this heading is 
     designated for OCO/GWOT pursuant to the Balanced Budget and 
     Emergency Deficit Control Act of 1985.
       The conferees direct the Secretary of State to notify the 
     Committees on Appropriations in writing, within 5 days of 
     exercising authority allowing funds made available under this 
     heading to be spent ``notwithstanding any other provision of 
     law'', and such notification shall include a justification of 
     such activities.
       The conferees did not include the requested authority to 
     disregard the geographic or purpose limitations on assistance 
     provided in prior acts related to the Andean Counterdrug 
     Initiative or Andean Counterdrug Programs. The conferees 
     direct the Department of State and USAID to program remaining 
     funds without delay and use the funds within the region.
       The conferees support the budget request for CARSI and CBSI 
     and expect the spend plans submitted pursuant to section 7078 
     of this Act for CARSI and CBSI to include activities that 
     were conducted with prior year appropriations, achievements 
     associated with the expenditure of such funds, and activities 
     that will be funded in fiscal year 2012, including goals to 
     be met.
       The conferees recommend $160,600,000 for activities in 
     Colombia of which not less than $30,000,000 is for rule of 
     law programs, including $7,000,000 for USAID human rights 
     activities, and $15,000,000 for the Office of the Colombian 
     Attorney General including $7,000,000 for the human rights 
     unit. The conferees direct the Department of State to report 
     to the Committees on Appropriations, not later than 45 days 
     after enactment of this Act, on the proposed uses of funds 
     for Colombia's judicial agencies, including activities to be 
     supported, information on how assistance will help to reduce 
     impunity, and benchmarks to be used for measuring progress in 
     meeting specific goals.
       The conferees recommend $5,000,000 for the International 
     Commission Against Impunity in Guatemala (CICIG).
       The conferees continue to be concerned with the lack of a 
     professional, accountable police force in Guatemala and 
     expect priority be given to funding the implementation of a 
     police reform strategy that has the support of the Guatemalan 
     government and human rights organizations.
       The conferees direct the Secretary of State to report to 
     the Committees on Appropriations, not later than 120 days 
     after enactment of this Act, on the role of United States 
     assistance in addressing the needs of Guatemalan women and 
     girls who have been victims of violence. The report shall 
     include a description of how assistance supports victims of 
     trafficking, rape and other sexual violence, combats human 
     trafficking, and improves the capacity of government 
     institutions, including the judiciary, law enforcement, and 
     civil society organizations.
       The conferees direct that no funds made available under 
     this heading may be used to transfer excess weapons, 
     ammunition or other lethal property of an agency of the 
     United States Government to any individual or unit of the 
     Haitian National Police if the Secretary of State has 
     credible information that such individual or unit has 
     committed a gross violation of human rights or other serious 
     crimes.
       The conferees support the budget request for the 
     International Law Enforcement Academies.
       The conferees recommend up to $248,500,000 for assistance 
     for Mexico and note efforts by the Government of Mexico to 
     implement constitutional reforms. The conferees are 
     concerned, however, with the steadily increasing drug-related 
     violence in Mexico, and credible reports of a pattern of 
     abuses by Mexican police. The conferees are also concerned 
     with ongoing gender-based crimes in Mexico, and encourage the 
     Department of State to provide forensic equipment and 
     training to Mexican states and localities that have the 
     highest rate of homicide and other violent crime to ensure 
     local law enforcement agencies have tools to solve and 
     prosecute these cases. Additionally, the conferees direct the 
     Secretary of State to provide a report, not later than 90 
     days after enactment of this Act, on how programs funded 
     under this heading are achieving judicial and law enforcement 
     reforms in Mexico. The report should include objectives to be 
     met, benchmarks for measuring progress, intended results, and 
     the extent to which such programs are coordinated with the 
     federal and state governments in Mexico.
       The conferees support continued assistance to strengthen 
     civilian law enforcement and judicial institutions to reduce 
     violent crime and narcotics trafficking in Mexico and 
     Honduras. The conference agreement includes sections 7045(d) 
     and 7045(e) that require the withholding of a portion of the 
     assistance for military and police forces in these countries 
     until the Secretary of State makes certain findings and 
     submits them in a report to the Committees on Appropriations.
       The conferees direct the Department of State to ensure the 
     prompt delivery of equipment and training provided under this 
     heading for Mexico. Additionally, the conferees continue to 
     support cooperation between the United States and Mexico to 
     combat organized crime and drug trafficking along the border. 
     The conferees direct the Secretary of State to develop and 
     implement a coordinated border security strategy.
       The conferees continue to support demand reduction programs 
     and direct the Secretary of State to provide assistance at 
     levels consistent with prior fiscal years.
       The conferees request that the country-by-country report 
     required under this heading integrate the additional funds 
     appropriated under this heading in title VIII for OCO/GWOT 
     where appropriate, and the OCO/GWOT amounts should be 
     separately identified in the integrated report.


    NONPROLIFERATION, ANTI-TERRORISM, DEMINING AND RELATED PROGRAMS

       The conference agreement provides $590,113,000 for 
     Nonproliferation, Anti-terrorism, Demining and Related 
     Programs (NADR), and an additional $120,657,000 in title VIII 
     under this heading is designated for OCO/GWOT pursuant to the 
     Balanced Budget and Emergency Deficit Control Act of 1985.
       Section 7078 of this Act requires submission of a spend 
     plan for certain countries and programs not later than 30 
     days after enactment of the Act. The conferees request that 
     these spend plans integrate the funds appropriated under this 
     heading and in title VIII of this Act for OCO/GWOT where 
     appropriate, and the OCO/GWOT amounts should be separately 
     identified in the integrated plan.
       The conferees direct the Secretary of State to notify the 
     Committees on Appropriations in writing, within 5 days of 
     exercising authority allowing funds made available under this 
     heading to be spent ``notwithstanding any other provision of 
     law'', and such notification shall include a justification of 
     such activities.
       The conference agreement does not include assistance for 
     the Countering Violent Extremism program as included in the 
     budget request, but includes funding for these programs 
     within the ESF account.
       The conferees recognize the importance of mine removal, 
     mine victim assistance, and the proper storage and 
     disposition of small arms/light weapons, and support the 
     Department of State's efforts to expand this work.
       The conference agreement prioritizes the clearance of 
     unexploded ordnance (UXO) in areas where such ordnance was 
     caused by the United States. The conferees endorse Senate 
     report language directing that $9,000,000 be made available 
     for UXO clearance in Laos, and intend that funds also be 
     prioritized for UXO clearance in locations in the Oceania 
     region that have high concentrations of United States UXO 
     dating to World War II.
       Section 7078 of this Act requires a spend plan for this 
     account not later than 30 days after enactment of this Act. 
     The conferees request that the spend plan integrate the funds 
     appropriated under this heading in title VIII of this Act for 
     OCO/GWOT, and the OCO/GWOT amounts should be separately 
     identified in the integrated plan.
       Funds in this account are allocated according to the 
     following table, and are subject to the provisions of section 
     7019 of this Act:

     NONPROLIFERATION, ANTI-TERRORISM, DEMINING AND RELATED PROGRAMS
               [Budget authority in thousands of dollars]
------------------------------------------------------------------------
                                                              Budget
                        Programs                             authority
------------------------------------------------------------------------
Nonproliferation Programs:
  Nonproliferation and Disarmament Fund.................          30,000
  Export Control and Related Border Security Assistance.          60,909
  Global Threat Reduction...............................          68,978
  IAEA Voluntary Contribution...........................          85,900
  CTBT International Monitoring System..................          33,000
  Weapons of Mass Destruction Terrorism.................           6,042
  UN Security Council Resolution 1540 Trust Fund........           1,500
  CTBTO Preparatory Commission-Special Contributions....           7,500
                                                         ---------------
        Subtotal--Nonproliferation Programs.............         293,829
Anti-terrorism Programs\1\
  Anti-terrorism Assistance.............................          79,284
  Terrorist Interdiction Program........................          42,000
  CT Engagement with Allies.............................           8,000
  Counterterrorism Financing............................          17,000
  Countering Violent Extremism..........................               0
                                                         ---------------
    Subtotal--Anti-terrorism Programs...................         146,284
Regional Stability & Humanitarian Assistance
  Conventional Weapons Destruction......................         150,000
    Humanitarian Demining Program (non-add).............        [95,000]
    Small Arms/Light Weapons Destruction (non-add)......        [55,000]
                                                         ---------------
        Subtotal--Regional Stability & Humanitarian              150,000
         Assistance.....................................
                                                         ---------------
Total, Nonproliferation, Anti-terrorism, Demining, and          590,113
 Related Programs.......................................
------------------------------------------------------------------------
\1\ An additional $120,657,000 is included in title VIII under this
  heading designated for OCO/GWOT pursuant to the Balanced Budget and
  Emergency Deficit Control Act of 1985.

                        PEACEKEEPING OPERATIONS

       The conference agreement provides $302,818,000 for 
     Peacekeeping Operations, and

[[Page 21067]]

     an additional $81,000,000 in title VIII under this heading is 
     designated for OCO/GWOT pursuant to the Balanced Budget and 
     Emergency Deficit Control Act of 1985.
       Section 7078 of this Act requires submission of a spend 
     plan for certain countries and programs not later than 30 
     days after enactment of the Act. The conferees request that 
     these spend plans integrate the funds appropriated under this 
     heading and in title VIII of this Act for OCO/GWOT where 
     appropriate, and the OCO/GWOT amounts should be separately 
     identified in the integrated plan.
       The conferees direct the Secretary of State to submit a 
     report to the Committees on Appropriations, prior to the 
     obligation of funds provided under this heading, for the 
     Africa Maritime Security Initiative (AMSI), including a 
     description of how the AMSI will address piracy, terrorist 
     activity, and trafficking in drugs, arms, and persons along 
     the African coast, as well as a description of coordination 
     efforts with the Department of Defense.
       The conference agreement provides $28,000,000 for the 
     Multinational Force and Observers (MFO) including $1,000,000 
     to address force protection enhancements. The conferees 
     expect the MFO to account for and apply funds in a manner 
     such that the principle of equality of contributions to the 
     basic operating budget between the United States, Egypt, and 
     Israel shall be maintained.
       Section 7078 of this Act requires a spend plan for this 
     account not later than 30 days after enactment of this Act. 
     The conferees request that the spend plan integrate the funds 
     appropriated under this heading in title VIII of this Act for 
     OCO/GWOT, and the OCO/GWOT amounts should be separately 
     identified in the integrated plan.

                  Funds Appropriated to the President


             INTERNATIONAL MILITARY EDUCATION AND TRAINING

       The conference agreement provides $105,788,000 for 
     International Military Education and Training (IMET).
       The conferees recommend parity in the allocation of funds 
     for Armenia and Azerbaijan.
       The conferees support the budget request for Indonesia and 
     the Philippines.
       The conferees direct the Secretary of State to consult with 
     the Committees on Appropriations prior to the obligation of 
     funds provided under this heading for assistance for Libya.


                   FOREIGN MILITARY FINANCING PROGRAM

       The conference agreement provides $5,210,000,000 for 
     Foreign Military Financing Program (FMF), and an additional 
     $1,102,000,000 in title VIII under this heading is designated 
     for OCO/GWOT pursuant to the Balanced Budget and Emergency 
     Deficit Control Act of 1985.
       Section 7078 of this Act requires submission of a spend 
     plan for certain countries and programs not later than 30 
     days after enactment of the Act. The conferees request that 
     these spend plans integrate the funds appropriated under this 
     heading and in title VIII of this Act for OCO/GWOT where 
     appropriate, and the OCO/GWOT amounts should be separately 
     identified in the integrated plan.
       The conference agreement provides the budget request for 
     Israel, Egypt, Jordan, and Tunisia.
       The conferees note the recent progress of PRC military 
     modernization, and the increasing frequency of aggressive 
     assertions in territorial disputes, including on the seas and 
     in cyberspace. In response, regional neighbors, including 
     India, Japan, and Singapore, are reviewing defense postures 
     and updating their military hardware. The conferees encourage 
     the Administration to continue to engage the People's 
     Liberation Army in these matters, as well as allies in the 
     region on the political, economic, and military implications 
     of the strategic rise of the PRC, including through military 
     assistance and sales programs.
       The conferees recommend parity in the allocation of funds 
     for Armenia and Azerbaijan.
       The conferees note the existence of multiple laws that 
     prohibit assistance to Foreign Terrorist Organizations 
     (FTOs). Because of particular concerns with United States 
     military assistance in Lebanon and Yemen, the conferees 
     include language in section 7041 reaffirming that such 
     assistance may not be provided to the armed forces of either 
     country if such force is controlled by an FTO.
       The conferees support programs for the Guatemalan Coast 
     Guard, Navy, and Army Corps of Engineers that enhance 
     regional naval cooperation and maritime security and that 
     increase disaster response and peacekeeping capabilities.
       The conference agreement continues restrictions in current 
     law on assistance for the Guatemalan Army. The conferees will 
     consider a request for funding for such activities in fiscal 
     year 2013 if the army has a narrowly defined mission focused 
     on border security and external threats, is implementing a 
     reform strategy that has broad support within Guatemalan 
     society, is respecting human rights, is cooperating with 
     civilian investigations and prosecutions of cases involving 
     current and retired officers and with the CICIG, and is 
     publicly disclosing all military archives pertaining to the 
     internal armed conflict.
       The conferees support the budget request for Mexico.
       The conferees direct the Secretary of State to submit a 
     report to the Committees on Appropriations, not later than 90 
     days after enactment of this Act, in classified form if 
     necessary, on the use of assistance provided by the United 
     States for the Lebanese Armed Forces, including the training, 
     curriculum, and equipment provided, and an assessment of the 
     performance of such forces and of factors that limit the 
     operational capabilities of such forces. The conferees note 
     that section 7041 limits the purposes for which funds may be 
     made available, and the conferees further direct that United 
     States security assistance not affect Israel's qualitative 
     military edge in the region.

                                TITLE V

                        MULTILATERAL ASSISTANCE

                  Funds Appropriated to the President

                INTERNATIONAL ORGANIZATIONS AND PROGRAMS

       The conference agreement provides $348,705,000 for 
     International Organizations and Programs.
       The conferees direct the Secretary of State to submit a 
     report to the Committees on Appropriations, not later than 45 
     days after enactment of this Act, describing the amount of 
     funds since 2008 that the United Nations Environment Program 
     has allocated for anti-malaria research and the programs 
     funded.
       Funds in this account are allocated, unless otherwise 
     noted, according to the following table, and are subject to 
     the provisions of section 7019 of this Act:

                INTERNATIONAL ORGANIZATIONS AND PROGRAMS
               [Budget authority in thousands of dollars]
------------------------------------------------------------------------
                                                                Budget
                          Programs                            authority
------------------------------------------------------------------------
Center for Human Settlements...............................        1,900
International Civil Aviation Organization..................          950
International Conservation Programs........................        7,900
International Contributions for Scientific, Educational,               0
 and Cultural Activities...................................
International Development Law Organization.................          600
IMO Maritime Security Programs.............................          400
Intergovernmental Panel on Climate Change/U.N. Framework on       10,000
 Climate Change............................................
Montreal Protocol Multilateral Fund........................       27,000
OAS Development Assistance Programs........................        3,500
OAS Fund for Strengthening Democracy.......................        4,500
    Inter-American Commission on Human Rights (non-add)....      [2,000]
U.N. Capital Development Fund..............................          955
U.N. Children's Fund.......................................      131,755
U.N. Democracy Fund........................................        4,755
U.N. Development Program...................................       82,000
U.N. Environment Program...................................        7,700
U.N. High Commissioner for Human Rights....................        5,000
Multilateral Action Initiatives............................            0
U.N. Office for the Coordination of Humanitarian Affairs...        3,000
U.N. Population Fund.......................................       35,000
U.N. Voluntary Fund for Technical Cooperation in the Field         1,400
 of Human Rights...........................................
U.N. Voluntary Fund for Victims of Torture.................        6,000
U.N. Women.................................................        7,500
World Meteorological Organization..........................        2,090
World Trade Organization Technical Assistance..............        1,150
International Chemicals and Toxics Programs................        3,650
                                                            ------------
        Total, International Organizations and Programs....      348,705
------------------------------------------------------------------------

                  INTERNATIONAL FINANCIAL INSTITUTIONS

       The conferees direct the Secretary of the Treasury to 
     report to the Committees on Appropriations, not later than 45 
     days after enactment of this Act, on the status of the 
     implementation of the International Monetary Fund's (IMF) New 
     Income Model; the degree to which staff reductions have 
     occurred as planned; a comparison of the number of staff over 
     the previous three years; the average and median salary for 
     senior officers of the IMF; and an overview of IMF internal 
     resources over the previous three years. Additionally, the 
     report shall include a cost estimate of the planned 
     renovation of Headquarters Building 1 and the source of funds 
     to pay for this renovation.
       The conference agreement includes a provision, section 
     7082, directing the Secretary of the Treasury to report to 
     the Committees on Appropriations, prior to disbursing any 
     funds for United States contributions to the general capital 
     increases, that the multilateral banks are making substantial 
     progress toward implementing reforms, including those agreed 
     to as part of the general capital increase agreements.
       The conferees direct the Secretary of the Treasury to 
     submit to the Committees on Appropriations, not later than 90 
     days after enactment of this Act, a report that estimates the 
     impact on poverty alleviation and economic growth in 
     communities along the border between the United States and 
     Mexico if the North American Development Bank's mandate were 
     expanded to include financing of infrastructure projects in 
     the border region that promote growth in trade between the 
     United States and Mexico, sustainable economic and social 
     development, and job creation in the region.


                      GLOBAL ENVIRONMENT FACILITY

       The conference agreement provides $89,820,000 for the 
     Global Environment Facility (GEF).
       The conferees direct the Secretary of the Treasury to 
     submit a report to the Committees on Appropriations, not 
     later than 45 days after enactment of this Act, describing 
     the amount of funds since 2008 that the GEF has allocated for 
     anti-malaria research and the programs funded.

[[Page 21068]]




       CONTRIBUTION TO THE INTERNATIONAL DEVELOPMENT ASSOCIATION

       The conference agreement provides $1,325,000,000 for 
     Contribution to the International Development Association.
       The conference agreement provides $167,000,000 for the 
     United States' share of the Multilateral Debt Relief 
     Initiative commitment, including $91,000,000 for the 
     remainder of the IDA-15 share and $76,000,000 for the IDA-16 
     share.


     CONTRIBUTION TO THE INTERNATIONAL BANK FOR RECONSTRUCTION AND 
                              DEVELOPMENT

       The conference agreement provides $117,364,344 for 
     Contribution to the International Bank for Reconstruction and 
     Development.


              LIMITATION ON CALLABLE CAPITAL SUBSCRIPTIONS

       The conference agreement provides $2,928,990,899 for 
     Limitation on Callable Capital Subscriptions.


               CONTRIBUTION TO THE CLEAN TECHNOLOGY FUND

       The conference agreement provides $184,630,000 for 
     Contribution to the Clean Technology Fund.


               CONTRIBUTION TO THE STRATEGIC CLIMATE FUND

       The conference agreement provides $49,900,000 for 
     Contribution to the Strategic Climate Fund.


              GLOBAL AGRICULTURE AND FOOD SECURITY PROGRAM

       The conference agreement provides $135,000,000 for Global 
     Agriculture and Food Security Program.


          CONTRIBUTION TO THE INTER-AMERICAN DEVELOPMENT BANK

       The conference agreement provides $75,000,000 for 
     Contribution to the Inter-American Development Bank.
       The conference agreement provides $4,670,000 for payment to 
     the Inter-American Investment Corporation.


              LIMITATION ON CALLABLE CAPITAL SUBSCRIPTIONS

       The conference agreement provides $4,098,794,833 for 
     Limitation on Callable Capital Subscriptions.


CONTRIBUTION TO THE ENTERPRISE FOR THE AMERICAS MULTILATERAL INVESTMENT 
                                  FUND

       The conference agreement provides $25,000,000 for 
     Contribution to the Enterprise for the Americas Multilateral 
     Investment Fund.


               CONTRIBUTION TO THE ASIAN DEVELOPMENT BANK

       The conference agreement provides $106,586,000 for 
     Contribution to the Asian Development Bank.


              LIMITATION ON CALLABLE CAPITAL SUBSCRIPTIONS

       The conference agreement provides $2,558,048,769 for 
     Limitation on Callable Capital Subscriptions.


               CONTRIBUTION TO THE ASIAN DEVELOPMENT FUND

       The conference agreement provides $100,000,000 for 
     Contribution to the Asian Development Fund.


              CONTRIBUTION TO THE AFRICAN DEVELOPMENT BANK

       The conference agreement provides $32,417,720 for 
     Contribution to the African Development Bank.


              LIMITATION ON CALLABLE CAPITAL SUBSCRIPTIONS

       The conference agreement provides $507,860,808 for 
     Limitation on Callable Capital Subscriptions.


              CONTRIBUTION TO THE AFRICAN DEVELOPMENT FUND

       The conference agreement provides $172,500,000 for 
     Contribution to the African Development Fund.
       The conference agreement provides $7,500,000 for the 
     Multilateral Debt Relief Initiative.


EUROPEAN BANK FOR RECONSTRUCTION AND DEVELOPMENT LIMITATION ON CALLABLE 
                         CAPITAL SUBSCRIPTIONS

       The conference agreement provides $1,252,331,952 for 
     Limitation on Callable Capital Subscriptions.


  CONTRIBUTION TO THE INTERNATIONAL FUND FOR AGRICULTURAL DEVELOPMENT

       The conference agreement provides $30,000,000 for 
     Contribution to the International Fund for Agricultural 
     Development.

                                TITLE VI

                    EXPORT AND INVESTMENT ASSISTANCE

                Export-Import Bank of the United States


                           INSPECTOR GENERAL

       The conference agreement provides $4,000,000 for the 
     Inspector General for the Export-Import Bank (the Bank).
       The conferees are concerned with the absence of regular 
     inspections of Overseas Private Investment Corporation (OPIC) 
     operations and the oversight of an Inspector General, and 
     direct the President of OPIC to consult with the Committees 
     on Appropriations and other appropriate congressional 
     committees on the options for increasing oversight of OPIC 
     programs, including under the authorities of the Export-
     Import Bank Inspector General.


                         SUBSIDY APPROPRIATION

       The conference agreement provides $58,000,000 for Subsidy 
     Appropriation for the Export-Import Bank.


                        ADMINISTRATIVE EXPENSES

       The conference agreement provides $89,900,000 for 
     Administrative Expenses for the Export-Import Bank.
       The conference agreement includes $6,000,000 to support the 
     Bank's efforts to establish regional offices focusing on 
     small businesses and to significantly increase the number of 
     small business transactions.
       The conferees direct that the use of the aggregate loan, 
     guarantee, and insurance authorities available to the Bank in 
     fiscal year 2012 should not result in greenhouse gas 
     emissions from the extraction or production of fossil fuels 
     or the use of fossil fuels in electricity generation that 
     exceed the average of the total emissions in the preceding 
     three fiscal years resulting from the use of these 
     authorities unless, not less than 15 days prior to each such 
     use of such authorities in fiscal year 2012, the Bank 
     provides a written report to the Committees on Appropriations 
     that such use would result in emissions exceeding this amount 
     and indicating the amount of the increase, and posts such 
     report on the Bank's Web site.
       The conference agreement directs that not less than 10 
     percent of the Bank's authority for aggregate loan, 
     guarantee, and insurance should be used for renewable energy 
     and end-use energy efficiency technologies. The conferees 
     direct the Bank to provide a report to the Committees on 
     Appropriations, not later than 90 days after enactment of 
     this Act, that includes: all financing for renewable energy 
     and end-use energy efficiency technologies, or other 
     environmentally beneficial exports carried out in fiscal year 
     2011; efforts made by the Bank to promote and support such 
     exports; information on which regions and sectors exhibit the 
     greatest potential for such exports; how the Bank defines and 
     tracks such activities; data on the Bank's progress toward 
     meeting the 10 percent directive and the Bank's planned 
     efforts to overcome any shortfall; the Bank's data, current 
     policies, and efforts to mitigate greenhouse gas emissions 
     resulting from projects it finances; and, as applicable, the 
     implementation status of recommendations made by the GAO 
     concerning the promotion of renewable energy and end-use 
     energy efficiency technologies, as well as other 
     environmentally beneficial exports.

                Overseas Private Investment Corporation


                           NONCREDIT ACCOUNT

       The conference agreement provides $54,990,000 for Noncredit 
     Account of OPIC.


                            PROGRAM ACCOUNT

       The conference agreement provides $25,000,000 for Program 
     Account of OPIC.
       The conferees endorse prior year reporting requirements 
     relating to a semi-annual report on OPIC investment funds, 
     and prior consultation on local currency guarantees and 
     financing for nongovernmental organizations and private and 
     voluntary organizations, as stated in House Report 111-187 
     accompanying H.R. 3081.
       The conferees direct the President of OPIC to include in 
     its fiscal year 2013 congressional budget justification a 
     confidential annex that describes new loans, guarantees, and 
     insurance approved in fiscal year 2011 by category, 
     recipient, country, level of OPIC resources provided, and 
     source year of financing used. The conferees also direct OPIC 
     to provide additional detail, including an annual summary of 
     positive and negative subsidy by product line.
       The conferees are concerned with the absence of regular 
     inspections of OPIC operations and the oversight of an 
     Inspector General, and direct the President of OPIC to 
     consult with the Committees on Appropriations and other 
     appropriate congressional committees on the options for 
     increasing oversight of OPIC programs, including under the 
     authorities of the Export-Import Bank Inspector General.


                      TRADE AND DEVELOPMENT AGENCY

       The conference agreement provides $50,000,000 for Trade and 
     Development Agency.

                               TITLE VII

                           GENERAL PROVISIONS

       The following general provisions are continued in this Act 
     substantively unchanged from the Department of State, Foreign 
     Operations, and Related Programs Appropriations Act, 2010 
     (division F of Public Law 111-117):

Sec. 7001.  Allowances and Differentials
Sec. 7003.  Consulting Services
Sec. 7005.  Personnel Actions
Sec. 7007.  Prohibition Against Direct Funding for Certain Countries
Sec. 7010.  Reporting Requirement
Sec. 7012.  Limitation on Assistance to Countries in Default
Sec. 7014.  Reservations of Funds
Sec. 7016.  Notification of Excess Defense Equipment
Sec. 7017.  Limitation on Availability of Funds for International 
              Organizations and Programs
Sec. 7018.  Prohibition on Funding for Abortions and Involuntary 
              Sterilization
Sec. 7020.  Prohibition of Payment of Certain Expenses

[[Page 21069]]

Sec. 7022.  Authorization Requirements
Sec. 7023.  Definition of Program, Project, and Activity
Sec. 7026.  Separate Accounts
Sec. 7027.  Eligibility for Assistance
Sec. 7028.  Impact on Jobs in the United States
Sec. 7030.  Debt-for-Development
Sec. 7032.  Authority to Engage in Debt Buybacks or Sales
Sec. 7035.  Arab League Boycott of Israel
Sec. 7036.  Palestinian Statehood
Sec. 7037.  Restrictions Concerning the Palestinian Authority
Sec. 7038.  Prohibition on Assistance to the Palestinian Broadcasting 
              Corporation
Sec. 7039.  Assistance for the West Bank and Gaza
Sec. 7047.  Prohibition of Payments to United Nations Members
Sec. 7048.  War Crimes Tribunals Drawdown
Sec. 7050.  Community-Based Police Assistance
Sec. 7053.  Parking Fines and Real Property Taxes Owed by Foreign 
              Governments (incorporates prior year conditions by 
              reference)
Sec. 7054.  Landmines and Cluster Munitions
Sec. 7055.  Prohibition on Publicity or Propaganda
Sec. 7056.  Limitation on Residence Expenses
Sec. 7059.  Prohibition on Promotion of Tobacco
Sec. 7064.  Requests for Documents
Sec. 7068.  Extradition
Sec. 7069.  Commercial Leasing of Defense Articles
Sec. 7072.  Repression in the Russian Federation
Sec. 7073.  Prohibition on First-Class Travel

       The following general provisions are either new, or are 
     substantively modified, from those included in division F of 
     Public Law 111-117:
     Sec. 7002.  Unobligated Balances Report (Modified)
       Section 7002 of the conference agreement requires any 
     department or agency funded by this Act to provide a 
     quarterly report on unobligated and unexpended balances to 
     the Committees on Appropriations. The conferees expect the 
     report to specify, where feasible, funds obligated pursuant 
     to bilateral agreements which have not been further sub-
     obligated. The conferees note that current reports from USAID 
     designate expired and unexpired funds by account and fiscal 
     year, and expect the Department of State to continue to work 
     on modifying their financial systems to enable them to submit 
     a report in a similar format. The conferees also direct the 
     Department of State and USAID to provide periodic briefings 
     on the information in this report, including on the status of 
     sub-obligations related to bilateral agreements.
Sec. 7004.  Embassy Construction (Modified)
       The conference agreement includes authorization within 
     section 7004 for the Maintenance Cost Sharing initiative to 
     utilize funding from the Capital Security Cost Sharing (CSCS) 
     program for the maintenance, repair, and rehabilitation of 
     new facilities with an inter-agency presence.
Sec. 7006.  Local Guard Contracts (Modified)
Sec. 7008.  Coups d'Etat (Modified)
       The conferees intend that the modifications to this 
     provision shall apply to prospective coups d'etat and shall 
     not apply to retrospective assessments.

Sec. 7009.  Transfer Authority (Modified)
Sec. 7011.  Availability of Funds (Modified)
Sec. 7013.  Prohibition on Taxation of United States Assistance 
              (Modified)
Sec. 7015.  Notification Requirements (Modified)
Sec. 7019.  Allocations (Modified)

Sec. 7021.  Prohibition on Assistance to Governments Supporting 
              International Terrorism (Modified)
       Section 7021 of the conference agreement combines sections 
     7021 and 7022 in division F of Public Law 111-117 relating to 
     prohibitions on the export of lethal military equipment and 
     on providing bilateral assistance to countries supporting 
     international terrorism. Additionally, section 7021 prohibits 
     bilateral assistance to any foreign government controlled by 
     a designated terrorist organization.
Sec. 7024.  Authorities for the Peace Corps, Inter-American Foundation 
              and African Development Foundation (Modified)
Sec. 7025.  Commerce, Trade and Surplus Commodities
       The conference agreement includes language expanding 
     exceptions to the application of subsection (b). When relying 
     on this expanded exception, the USAID Administrator should, 
     in order to maximize program effectiveness, consult with 
     relevant agriculture industry representatives regarding the 
     same, similar, or substitute commodities and products.
Sec. 7029.  International Financial Institutions (Modified)
Sec. 7031.  Financial Management and Budget Transparency (Modified)
       For the purposes of this section the term ``direct 
     government-to-government assistance'' shall include cash 
     transfers, nonproject sector assistance, and other forms of 
     assistance where funds appropriated by this Act are provided 
     directly to the recipient government.
       Section 7031(c) includes language related to anti-
     kleptocracy. The conferees note that this provision revises 
     current law (section 7084 of division F of Public Law 111-
     117) and includes a national interest waiver. The conferees 
     note that ineligibility for entry into the United States 
     under this provision is not dependent on a decision or other 
     action by any Federal agency other than the Department of 
     State.
Sec. 7033.  Multi-Year Commitments (New)
       The conferees understand that the Secretary of the Treasury 
     does not intend to increase the quota resources of the IMF in 
     fiscal year 2012. If the Secretary does intend to commit the 
     United States to additional contributions to the IMF, the 
     conference agreement includes a provision that would, at a 
     minimum, require consultation with the Committees on 
     Appropriations not less than 7 days before such pledge is 
     made.
Sec. 7034.  Special Provisions (Modified)
       Section 7034(h)(5) states that funds appropriated by this 
     Act that are made available to promote democracy and human 
     rights shall also be made available to support freedom of 
     religion, especially in the Middle East and North Africa.
       Section 7034(k) redesignates section 620J of the Foreign 
     Assistance Act of 1961 to section 620M, and modifies it by 
     substituting ``credible information'' for ``credible 
     evidence'' in order to clarify that the information need not 
     be admissible in a court of law to be credible and to conform 
     to similar wording in a comparable provision in the Defense 
     Appropriations Act, and by adding guidelines for: tracking 
     United States assistance to foreign security forces; the 
     collection, receipt, evaluation, and preservation of 
     information about gross violations of human rights; vetting 
     both individuals and units; and, to the maximum extent 
     practicable, publicly identifying units for which no 
     assistance shall be furnished pursuant to section 620M.
Sec. 7040.  Limitation on Assistance for the Palestinian Authority 
              (Modified subsection (f))
Sec. 7041.  Near East (Modified)
       Section 7041(a)(1) of this Act provides limitations on 
     assistance for Egypt, and includes authorities for an Egypt 
     debt initiative.
       Section 7041(a)(3) provides authority and conditions for an 
     Egypt initiative. The conferees make available up to 
     $500,000,000 of the funds appropriated under the Economic 
     Support Fund heading in this Act and prior acts for such 
     purposes. However, the conferees note that all funds are 
     subject to the regular notification procedures of the 
     Committees on Appropriations and expect that funds will be 
     provided in tranches, at the minimum rate necessary, and in a 
     manner consistent with the advancement of United States--
     Egyptian strategic interests. The conferees note that this 
     initiative demonstrates United States support for Egypt's 
     democratic transition and economic development, and should 
     serve as an incentive to the Government of Egypt (GOE) to 
     pursue policies of mutual interest. The conferees intend that 
     prior to the use of the authority under this initiative the 
     transition to a civilian government will have substantially 
     progressed, and the GOE will implement economic development 
     policies consistent with the objectives of such initiative.
       The conferees direct that the notification submitted to the 
     Committees on Appropriations include a detailed description 
     and estimate of the economic benefits of projects anticipated 
     to be undertaken, the role of the GOE in implementing 
     projects, an explanation of how such projects contribute to 
     economic and democratic reforms in Egypt, and the means by 
     which the uses of funds and results achieved will be 
     monitored and measured. The conferees intend that the 
     notification may be submitted to other congressional 
     committees, as appropriate.
       The conferees direct the Secretary of State to use prior 
     appropriated funds to the maximum extent practicable with 
     respect to supporting projects and initiatives in Egypt, and 
     to structure the timing and amounts of disbursements of funds 
     for activities regarding the Egypt debt initiative. The 
     Secretary of State shall consult with the Committees on 
     Appropriations and other congressional committees, as 
     appropriate, on the planned uses of the funds prior to 
     obligating funds under such structured disbursement. The 
     conferees expect the Secretary of State to spend down prior 
     appropriated funds in an efficient manner, and to keep the 
     Committees on Appropriations informed on a regular basis on 
     the balances of such funds.
       Section 7041(b) of this Act includes language authorizing 
     the establishment of enterprise funds in Egypt, Tunisia, and 
     Jordan. The conferees intend that at the termination of the 
     respective funds, 50 percent of the proceeds realized by each 
     fund from the liquidation of its assets should be returned to 
     the United States Treasury. The conferees request that the 
     Comptroller General of the United States conduct a review, 
     one year after the establishment of any enterprise fund, to 
     examine the management and oversight of the funds and to 
     determine if appropriate and sufficient safeguards exist 
     against financial misconduct.
       The conference agreement includes language regarding 
     democracy promotion in

[[Page 21070]]

     Libya and Syria, and restricts infrastructure assistance for 
     Libya.
Sec. 7042.  Serbia (Modified)
Sec. 7043.  Africa (Modified)
       The conferees direct the Secretary of State to provide to 
     the Committees on Appropriations the report detailed in 
     section 7061(b)(3) of S. 1601 (112th Congress).
       The conferees direct the Secretary of State to ensure that 
     no United States training, equipment, or other assistance is 
     provided to any Kenyan military personnel or units who have 
     been credibly alleged to have violated human rights at Mount 
     Elgon in March 2008, and to report to the Committees on 
     Appropriations within 90 days of enactment of this Act on 
     steps taken by the Government of Kenya to conduct a thorough, 
     credible investigation of such violations.
       The conferees endorse language in the Senate report 
     regarding the disappearance of journalist Ebrimah Manneh from 
     The Gambia.
Sec. 7044.  Asia (Modified)
Sec. 7045.  Western Hemisphere (Modified)
       The conferees direct that of the funds appropriated by this 
     Act that are available for assistance for the Colombian Armed 
     Forces, 25 percent may be obligated only after the Secretary 
     of State consults with, and subsequently certifies and 
     submits a written report to, the Committees on Appropriations 
     that--
       (1) The Colombian Armed Forces are suspending those 
     members, of whatever rank, who have been credibly alleged to 
     have violated human rights, or to have aided, abetted or 
     benefitted from paramilitary organizations or other illegal 
     armed groups; all such cases are promptly referred to 
     civilian jurisdiction for investigation and prosecution, and 
     the Colombian Armed Forces are not opposing civilian 
     jurisdiction in such cases; and the Colombian Armed Forces 
     are cooperating fully with civilian prosecutors and judicial 
     authorities.
       (2) The Government of Colombia has taken all necessary 
     steps to sever links with paramilitary organizations or other 
     illegal armed groups.
       (3) The Government of Colombia is dismantling paramilitary 
     networks, including by arresting and prosecuting under 
     civilian criminal law individuals who have provided 
     financial, planning, or logistical support, or have otherwise 
     aided, abetted or benefitted from paramilitary organizations 
     or other illegal armed groups, and by returning land and 
     other assets illegally acquired by such organizations or 
     their associates to their rightful occupants or owners.
       (4) The Government of Colombia is respecting the rights of 
     human rights defenders, journalists, trade unionists, and 
     other social activists, and the rights and territory of 
     indigenous and Afro-Colombian communities; and the Colombian 
     Armed Forces are implementing procedures to distinguish 
     between civilians, including displaced persons, and 
     combatants, in their operations.
       The conferees also direct that not later than 90 days after 
     enactment of this Act, the Secretary of State shall submit a 
     report to the Committees on Appropriations detailing any 
     United States funding, assistance or other support for the 
     Departamento Administrativo de Seguridad, its officials, 
     employees, affiliates and contractors during the period 2002 
     through 2010, including but not limited to training, 
     equipment, information sharing, technical assistance, and 
     facilities construction. To the maximum extent possible the 
     report shall be provided in unclassified form, but may also 
     include a classified annex.
     Sec.  7046. South Asia (Modified)
       The conferees direct the Secretary of State to submit a 
     report to the Committees on Appropriations not later than 45 
     days after enactment of this Act, detailing what steps have 
     been taken by the Government of Sri Lanka and international 
     bodies to thoroughly and credibly investigate war crimes and 
     violations of international humanitarian law during the 
     internal armed conflict, and evaluating the adequacy of steps 
     taken by the Government of Sri Lanka to hold perpetrators 
     accountable. The report should also indicate whether 
     suspected combatants detained during the conflict remain in 
     custody and whether humanitarian organizations have access to 
     such detainees.
       The conferees direct that funds available for Afghanistan 
     under the ESF and INCLE headings for training of foreign 
     police, judicial, and military personnel should address 
     gender-based violence, where appropriate.
       The conferees direct that, not later than 180 days after 
     enactment of this Act, the Secretary of State, in 
     consultation with the USAID Administrator, submit a report to 
     the Committees on Appropriations detailing actions taken by 
     the Government of Afghanistan to expand rail transport in 
     Afghanistan since 2009; providing an assessment of any 
     national rail transport strategy, including the costs 
     associated with implementation of such strategy; providing an 
     analysis of the economic benefits of expanding and improving 
     rail connections with neighboring countries, including in 
     areas with significant resources; and making recommendations 
     for the standardization of rail gauge in Afghanistan that is 
     compatible with Central Asian countries, including 
     Uzbekistan.
     Sec. 7049.  United Nations (New)
       Section 7049(a) requires that 15 percent of United States 
     contributions to United Nations agencies and the Organization 
     of American States shall be withheld from obligation if the 
     Secretary of State determines and reports that such agency or 
     organization is not taking steps to meet certain conditions. 
     The Secretary may waive this requirement if to do so is in 
     the national interest. The conferees intend this restriction 
     to apply only to such entities that receive annual United 
     States contributions exceeding $20,000,000. The conferees 
     further intend that for the purposes of this section, 
     ``necessary access'' means access necessary for United States 
     Government officials to obtain the results of financial and 
     performance audits in a timely manner.

Sec. 7051.  Attendance at International Conferences (Modified)
Sec. 7052.  Aircraft Transfer and Coordination (Modified)

     Sec. 7057.  United States Agency for International 
         Development Management (Modified)
       The conferees intend that funds appropriated under the 
     heading Operating Expenses in title II of this Act are made 
     available to develop and implement training for staff in 
     overseas USAID missions to promote the full inclusion and 
     equal participation of people with disabilities.

Sec. 7058.  Global Health Activities (Modified)
Sec. 7060.  Programs to Promote Gender Equality (Modified)

     Sec. 7061.  Gender-Based Violence
       For the purposes of this Act, the conferees direct that 
     gender-based violence should include any form of violence or 
     abuse that targets women or men on the basis of their gender 
     and results in physical, sexual or psychological harm.
       The conferees direct the Secretary of State and the USAID 
     Administrator to submit to the Committees on Appropriations, 
     not later than 180 days after the enactment of this Act, a 
     multi-year strategy to prevent and respond to violence 
     against women and girls in countries where it is common. The 
     strategy should include achievable and sustainable goals, 
     benchmarks for measuring progress, and expected results. The 
     formulation of the strategy should include regular engagement 
     with men and boys as community leaders and advocates in 
     ending such violence.
     Sec. 7062.  Sector Allocations (New)
       This section consolidates directives, related reporting 
     requirements and limitations for program funding in sectors 
     including education, environment, and food security and 
     agriculture development. The conferees expect these funds to 
     be awarded competitively and in accordance with all 
     applicable rules and regulations. With respect to funding 
     requirements in this section and other minimum funding 
     requirements contained in the conference agreement, the 
     conferees note that funds appropriated in title VIII of this 
     Act under the same headings may be used to meet such 
     requirements.

Sec. 7063.  Central Asia (Modified)
Sec. 7065.  Overseas Private Investment Corporation (Modified)
Sec. 7066.  International Prison Conditions (Modified)
Sec. 7067.  Prohibition on Use of Torture (Modified)
Sec. 7070.  Independent States of the Former Soviet Union (Modified)
Sec. 7071.  International Monetary Fund (Modified)
Sec. 7074.  Disability Programs (Modified)
Sec. 7075.  Enterprise Funds (Modified)
Sec. 7076.  Consular Affairs (New)
Sec. 7077.  Procurement Reform (New)
       Section 7077 provides authority to the USAID Administrator 
     to award contracts and other acquisition instruments to local 
     entities if the procurement meets the criteria described in 
     this provision.

Sec. 7078.  Operating and Spend Plans (New)
Sec. 7079.  Rescissions (New)
Sec. 7080.  Special Defense Acquisition Fund (New)
Sec. 7081.  Authority for Capital Increases (New)
Sec. 7082.  Reforms Related to General Capital Increases (New)
Sec. 7083.  Authority for Replenishments (New)
Sec. 7084.  Authority for the Fund for Special Operations (New)
Sec. 7085.  United Nations Population Fund (Modified)
       The conference agreement continues prior year conditions on 
     funding for the United Nations Population Fund and modifies 
     the funding level.
Sec. 7086.  Limitations (New)
Sec. 7087.  Use of Funds in Contravention of this Act (Modified)
       The conferees continue the requirement that the Executive 
     Branch notify the Committees on Appropriations 5 days in 
     advance of any action or other decision that would otherwise 
     have been prohibited or required by this Act but for a 
     determination that a provision in this Act is 
     unconstitutional.
       The following general provisions included in division F of 
     Public Law 111-117 have been modified and merged with other 
     provisions in this Act: Sections 7022, 7043, 7046, 7050,

[[Page 21071]]

     7052, 7054, 7064, 7065, 7076, 7081, 7084, 7086, and 7089.
       The conference agreement does not include section 7066 
     included in division F of Public Law 111-117 regarding a 
     comprehensive expenditures report. Instead, the conferees 
     direct the Secretary of State, in consultation with relevant 
     agency heads, to report to the Committees on Appropriations, 
     not later than 180 days after enactment of this Act, on 
     options for standardizing assistance information, by program, 
     country, and fiscal year. The conferees intend to direct the 
     submission of this report in future fiscal years, and to 
     require its posting on the Foreign Assistance Dashboard.
       The conference agreement does not continue the following 
     general provisions included in division F of Public Law 111-
     117: Sections 7033, 7041, 7068, 7088, and 7091.

                               TITLE VIII

        OVERSEAS CONTINGENCY OPERATIONS/GLOBAL WAR ON TERRORISM

       Funds appropriated as OCO/GWOT under this title address the 
     ``extraordinary and temporary'' costs of contingency 
     operations in Afghanistan, Pakistan and Iraq, as well as 
     other counterterrorism and counterinsurgency programs and 
     response to conflict-related and other crises. As noted in 
     the congressional budget justification for fiscal year 2012, 
     OCO funds are expected to be phased out over time.

                          Department of State

                   Administration of Foreign Affairs


                    DIPLOMATIC AND CONSULAR PROGRAMS

       The conference agreement provides $4,389,064,000 for 
     Diplomatic and Consular Programs, of which $236,201,000 is 
     for Worldwide Security Protection. The amount provided is for 
     the extraordinary costs of operations in Afghanistan, 
     Pakistan, and Iraq and is designated for OCO/GWOT pursuant to 
     the Balanced Budget and Emergency Deficit Control Act of 
     1985.
       The conferees intend that funds made available for 
     operations in Afghanistan will be used to train and deploy 
     additional direct-hire personnel to improve monitoring and 
     control of United States assistance.
       The conferees direct the Secretary of State to cooperate 
     with the Office of Inspector General for the Department of 
     State and SIGIR, including requests from the SIGIR for 
     information and documentation involving operations in support 
     of foreign assistance programs.
       The conferees direct that the spend plan required by 
     section 7078 of this Act include a detailed description of 
     the designated amounts by category, break-out costs of 
     operations by location and provide staffing levels for each 
     location and provincial area, where applicable. In addition, 
     with respect to funds transferred to other agencies in 
     support of Afghanistan operations, the spend plan should 
     include projected transfer amounts and number of staff 
     supported by each agency.


                   CONFLICT STABILIZATION OPERATIONS

       The conference agreement provides $8,500,000 for CSO for 
     deployment costs, including to Afghanistan, Pakistan, and 
     Iraq. The amount provided is designated for OCO/GWOT pursuant 
     to the Balanced Budget and Emergency Deficit Control Act of 
     1985. In addition, the agreement includes authority for the 
     Secretary of State to transfer up to $35,000,000 of the funds 
     appropriated under the heading Diplomatic and Consular 
     Programs in title I for the support of CSO operations and 
     activities.
       The conferees direct that the Secretary of State notify the 
     Committees on Appropriations within fifteen days of a new 
     deployment of the Civilian Response Corps (CRC), to include 
     the destination, size, composition, and expected duration and 
     cost of the deployment.
       The conferees expect the spend plan required by section 
     7078 of this Act to include details on projected staffing of 
     the CRC, a list of deployments and planned deployments for 
     the fiscal year, and a summary of any strategic review of CSO 
     operations, including a timeline for implementation of 
     organizational, personnel, and program changes.


                      OFFICE OF INSPECTOR GENERAL

       The conference agreement provides $67,182,000 for the 
     Office of Inspector General at the Department of State, of 
     which $3,250,000 is for support of the Middle East Regional 
     Office, $44,387,000 is for SIGAR, and $19,545,000 is to 
     sustain the current level of operations for SIGIR. The amount 
     provided is for the extraordinary costs of program oversight 
     in Afghanistan, Pakistan, and Iraq and is designated for OCO/
     GWOT pursuant to the Balanced Budget and Emergency Deficit 
     Control Act of 1985.
       The conferees do not support the proposed drawdown of SIGIR 
     in fiscal year 2012 as proposed in the request. SIGIR should 
     continue to exercise oversight over the assistance programs 
     in Iraq, including the support costs associated with programs 
     funded under the International Narcotics Control and Law 
     Enforcement heading.
       Section 7078 of this Act requires the relevant department, 
     agency, or organization to submit to the Committees on 
     Appropriations a spend plan for funds appropriated in titles 
     I and II of this Act. The conferees expect both SIGAR and 
     SIGIR to submit such plans not later than 30 days after 
     enactment of this Act.


               EDUCATIONAL AND CULTURAL EXCHANGE PROGRAMS

       The conference agreement provides $15,600,000 for 
     Educational and Cultural Exchange Programs. The amount 
     provided is for the extraordinary costs of exchange and 
     public diplomacy programs in Afghanistan and Pakistan, and is 
     designated for OCO/GWOT pursuant to the Balanced Budget and 
     Emergency Deficit Control Act of 1985.


            EMBASSY SECURITY, CONSTRUCTION, AND MAINTENANCE

       The conference agreement provides $33,000,000 for Embassy 
     Security, Construction, and Maintenance. The amount provided 
     is for the extraordinary costs of leased facilities in Iraq 
     and is designated for OCO/GWOT pursuant to the Balanced 
     Budget and Emergency Deficit Control Act of 1985.

                      International Organizations


              CONTRIBUTIONS TO INTERNATIONAL ORGANIZATIONS

       The conference agreement provides $101,300,000 for 
     Contributions to International Organizations. The amount 
     provided is for the extraordinary costs of United Nations 
     missions in Afghanistan and Iraq and is designated for OCO/
     GWOT pursuant to the Balanced Budget and Emergency Deficit 
     Control Act of 1985.

                             RELATED AGENCY

                    Broadcasting Board of Governors


                 INTERNATIONAL BROADCASTING OPERATIONS

       The conference agreement provides $4,400,000 for 
     International Broadcasting Operations for the extraordinary 
     costs of United States international broadcasting to Iraq, 
     Afghanistan, Pakistan, and the Middle East and is designated 
     for OCO/GWOT pursuant to the Balanced Budget and Emergency 
     Deficit Control Act of 1985.

                            RELATED PROGRAMS

                    United States Institute of Peace

       The conference agreement provides $8,411,000 for USIP. The 
     amount provided is for the extraordinary costs of USIP 
     programs in Afghanistan, Pakistan, and Iraq and is designated 
     for OCO/GWOT pursuant to the Balanced Budget and Emergency 
     Deficit Control Act of 1985.

           UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT

                  Funds Appropriated to the President


                           OPERATING EXPENSES

       The conference agreement provides $255,000,000 for 
     Operating Expenses. The amount provided is for the 
     extraordinary costs of operations in Afghanistan, Pakistan, 
     and Iraq and is designated for OCO/GWOT pursuant to the 
     Balanced Budget and Emergency Deficit Control Act of 1985.


                      OFFICE OF INSPECTOR GENERAL

       The conference agreement provides $4,500,000 for the Office 
     of Inspector General. The amount provided is for the 
     extraordinary costs of oversight activities of programs and 
     operations in Afghanistan, Pakistan, and Iraq and is 
     designated for OCO/GWOT pursuant to the Balanced Budget and 
     Emergency Deficit Control Act of 1985.

                     BILATERAL ECONOMIC ASSISTANCE

                  Funds Appropriated to the President


                   INTERNATIONAL DISASTER ASSISTANCE

       The conference agreement provides $150,000,000 for 
     International Disaster Assistance. The amount provided is for 
     the extraordinary costs of the United States response to 
     crises resulting from conflict, including in Afghanistan, 
     Pakistan, Iraq, Yemen, and the Horn of Africa, and is 
     designated for OCO/GWOT pursuant to the Balanced Budget and 
     Emergency Deficit Control Act of 1985.


                         TRANSITION INITIATIVES

       The conference agreement provides $6,554,000 for Transition 
     Initiatives. The amount provided is for the extraordinary 
     costs of contingency operations in conflict countries, such 
     as Afghanistan, Pakistan, Libya, and Yemen and is designated 
     for OCO/GWOT pursuant to the Balanced Budget and Emergency 
     Deficit Control Act of 1985.


                          COMPLEX CRISES FUND

       The conference agreement provides $30,000,000 for the 
     Complex Crises Fund. The amount provided is for the 
     extraordinary costs of addressing security and stabilization 
     requirements in conflict countries, such as Pakistan, 
     Somalia, and Yemen, and countries emerging from conflict and 
     is designated for OCO/GWOT pursuant to the Balanced Budget 
     and Emergency Deficit Control Act of 1985.


                         ECONOMIC SUPPORT FUND

       The conference agreement provides $2,761,462,000 for the 
     Economic Support Fund for the extraordinary costs of 
     contingency operations, including in Afghanistan, Pakistan, 
     Iraq, Yemen, Somalia, North Africa, and for African 
     counterterrorism partnerships. The full amount provided is 
     designated for OCO/GWOT pursuant to the Balanced Budget and 
     Emergency Deficit Control Act of 1985.

[[Page 21072]]



                          Department of State


                    MIGRATION AND REFUGEE ASSISTANCE

       The conference agreement provides $229,000,000 for 
     Migration and Refugee Assistance. The amount provided is for 
     the extraordinary costs of United States response to crises 
     resulting from conflict, including in Afghanistan, Pakistan, 
     Iraq, Yemen, and the Horn of Africa, and is designated for 
     OCO/GWOT pursuant to the Balanced Budget and Emergency 
     Deficit Control Act of 1985.

                       DEPARTMENT OF THE TREASURY


               INTERNATIONAL AFFAIRS TECHNICAL ASSISTANCE

       The conference agreement provides $1,552,000 for 
     International Affairs Technical Assistance. The amount 
     provided is for the extraordinary costs of contingency 
     operations, including in Afghanistan, Pakistan, and Iraq and 
     is designated for OCO/GWOT pursuant to the Balanced Budget 
     and Emergency Deficit Control Act of 1985.

                   INTERNATIONAL SECURITY ASSISTANCE

                          DEPARTMENT OF STATE


          INTERNATIONAL NARCOTICS CONTROL AND LAW ENFORCEMENT

       The conference agreement provides $983,605,000 for 
     International Narcotics Control and Law Enforcement for the 
     extraordinary costs of contingency operations, including in 
     Afghanistan, Pakistan, Iraq, Yemen, Somalia, and for African 
     counterterrorism partnerships. The amount provided is 
     designated for OCO/GWOT pursuant to the Balanced Budget and 
     Emergency Deficit Control Act of 1985.


    NONPROLIFERATION, ANTI-TERRORISM, DEMINING AND RELATED PROGRAMS

       The conference agreement provides $120,657,000 for 
     Nonproliferation, Anti-terrorism, Demining and Related 
     Programs for the extraordinary costs of anti-terrorism 
     assistance, including in Afghanistan, Pakistan, Iraq, Yemen, 
     Kenya, and for support of the Office of the Coordinator for 
     Counterterrorism, to include the Regional Strategic 
     Initiative. The amount provided is designated for OCO/GWOT 
     pursuant to the Balanced Budget and Emergency Deficit Control 
     Act of 1985.


                        PEACEKEEPING OPERATIONS

       The conference agreement provides $81,000,000 for 
     Peacekeeping Operations for the extraordinary costs of 
     contingency operations in Somalia and counterterrorism 
     activities in Africa. The amount provided is designated for 
     OCO/GWOT pursuant to the Balanced Budget and Emergency 
     Deficit Control Act of 1985.

                  Funds Appropriated to the President


                   FOREIGN MILITARY FINANCING PROGRAM

       The conference agreement provides $1,102,000,000 for the 
     Foreign Military Financing Program for the extraordinary 
     costs of contingency operations, including in Iraq, Pakistan, 
     the Philippines, and Yemen. The amount provided is designated 
     for OCO/GWOT pursuant to the Balanced Budget and Emergency 
     Deficit Control Act of 1985.
       The conferees expect that the spend plan required by 
     section 7078 of this Act will include a detailed description, 
     by program objective, of all activities supported with funds 
     made available under this heading.


               PAKISTAN COUNTERINSURGENCY CAPABILITY FUND

                     (INCLUDING TRANSFER OF FUNDS)

       The conference agreement provides $850,000,000 for the 
     Pakistan Counterinsurgency Capability Fund. The amount 
     provided is designated for OCO/GWOT pursuant to the Balanced 
     Budget and Emergency Deficit Control Act of 1985.

                           GENERAL PROVISIONS

     Sec. 8001
       This provision clarifies that the amounts appropriated by 
     this title are in addition to amounts appropriated or 
     otherwise made available in this Act for fiscal year 2012.
     Sec. 8002
       This provision makes applicable to funds appropriated in 
     this title the authorities and conditions applicable to such 
     accounts elsewhere in the Act.
     Sec. 8003
       This provision confers authority to the Secretary of State 
     to transfer funds appropriated in this title for assistance 
     between accounts, subject to the regular notification 
     procedures of the Committees on Appropriations.
     Sec. 8004
       This provision provides for transfer of up to $50,000,000 
     to the Global Security Contingency Fund pending authorization 
     of the account.

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     Harold Rogers,
     C.W. Bill Young,
     Jerry Lewis,
     Rodney P. Frelinghuysen,
     Robert B. Aderholt,
     Jo Ann Emerson,
     Kay Granger,
     Michael K. Simpson,
     John Abney Culberson,
     Ander Crenshaw,
     Denny Rehberg,
     John R. Carter,
     Norman D. Dicks,
     Peter J. Visclosky,
     Nita M. Lowey,
     Jose E. Serrano,
     Rosa L. DeLauro,
     James P. Moran,
     David E. Price,
     Sanford D. Bishop.
                                Managers on the part of the House.

     Tim Johnson,
     Daniel K. Inouye,
     Mary Landrieu,
     Patty Murray,
     Jack Reed,
     Ben Nelson,
     Mark Pryor,
     Patrick J. Leahy,
     Kay Bailey Hutchison,
     Lisa Murkowski,
     Roy Blunt,
     John Hoeven,
     Thad Cochran.
     Managers on the part of the Senate.

                          ____________________