[House Report 112-331]
[From the U.S. Government Publishing Office]


112th Congress  }                                            {   Report 
  1st Session   }       HOUSE OF REPRESENTATIVES             {  112-331
_______________________________________________________________________
 
    MILITARY CONSTRUCTION AND VETERANS AFFAIRS AND RELATED AGENCIES 
                        APPROPRIATIONS ACT, 2012 

                               ----------                              

                           CONFERENCE REPORT

                              to accompany

                               H.R. 2055


                 [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]


               December 15, 2011.--Ordered to be printed






















112th Congress                                                   Report
  1st Session            HOUSE OF REPRESENTATIVES               112-331
_______________________________________________________________________


    MILITARY CONSTRUCTION AND VETERANS AFFAIRS AND RELATED AGENCIES 
                        APPROPRIATIONS ACT, 2012

                               __________

                           CONFERENCE REPORT

                              to accompany

                               H.R. 2055



                [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]



               December 15, 2011.--Ordered to be printed












112th Congress                                                   Report
  1st Session               HOUSE OF REPRESENTATIVES            112-331

======================================================================

    MILITARY CONSTRUCTION AND VETERANS AFFAIRS AND RELATED AGENCIES 
                        APPROPRIATIONS ACT, 2012 

                                _______
                                

               December 15, 2011.--Ordered to be printed

                                _______
                                

Mr. Rogers of Kentucky, from the committee of conference, submitted the 
                               following

                           CONFERENCE REPORT

                        [To accompany H.R. 2055]

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

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

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

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

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

         DIVISION G--LEGISLATIVE BRANCH APPROPRIATIONS ACT, 2012

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

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

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

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

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


SEC. 3. REFERENCES.

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

SEC. 4. STATEMENT OF APPROPRIATIONS.

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

SEC. 5. AVAILABILITY OF FUNDS.

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

       DIVISION A--DEPARTMENT OF DEFENSE APPROPRIATIONS ACT, 2012

                                TITLE I

                        Military Personnel, Army

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

                        Military Personnel, Navy

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

                    Military Personnel, Marine Corps

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

                     Military Personnel, Air Force

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

                        Reserve Personnel, Army

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

                        Reserve Personnel, Navy

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

                    Reserve Personnel, Marine Corps

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

                      Reserve Personnel, Air Force

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

                     National Guard Personnel, Army

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

                  National Guard Personnel, Air Force

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

                                TITLE II

                       OPERATION AND MAINTENANCE

                    Operation and Maintenance, Army

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

                    Operation and Maintenance, Navy

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

                Operation and Maintenance, Marine Corps

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

                  Operation and Maintenance, Air Force

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

                Operation and Maintenance, Defense-Wide

                     (including transfer of funds)

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

                Operation and Maintenance, Army Reserve

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

                Operation and Maintenance, Navy Reserve

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

            Operation and Maintenance, Marine Corps Reserve

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

              Operation and Maintenance, Air Force Reserve

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

             Operation and Maintenance, Army National Guard

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

             Operation and Maintenance, Air National Guard

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

          United States Court of Appeals for the Armed Forces

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

                    Environmental Restoration, Army

                     (including transfer of funds)

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

                    Environmental Restoration, Navy

                     (including transfer of funds)

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

                  Environmental Restoration, Air Force

                     (including transfer of funds)

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

                Environmental Restoration, Defense-Wide

                     (including transfer of funds)

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

         Environmental Restoration, Formerly Used Defense Sites

                     (including transfer of funds)

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

             Overseas Humanitarian, Disaster, and Civic Aid

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

                  Cooperative Threat Reduction Account

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

      Department of Defense Acquisition Workforce Development Fund

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

                               TITLE III

                              PROCUREMENT

                       Aircraft Procurement, Army

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

                       Missile Procurement, Army

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

        Procurement of Weapons and Tracked Combat Vehicles, Army

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

                    Procurement of Ammunition, Army

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

                        Other Procurement, Army

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

                       Aircraft Procurement, Navy

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

                       Weapons Procurement, Navy

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

            Procurement of Ammunition, Navy and Marine Corps

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

                   Shipbuilding and Conversion, Navy

    For expenses necessary for the construction, acquisition, 
or conversion of vessels as authorized by law, including armor 
and armament thereof, plant equipment, appliances, and machine 
tools and installation thereof in public and private plants; 
reserve plant and Government and contractor-owned equipment 
layaway; procurement of critical, long lead time components and 
designs for vessels to be constructed or converted in the 
future; and expansion of public and private plants, including 
land necessary therefor, and such lands and interests therein, 
may be acquired, and construction prosecuted thereon prior to 
approval of title, as follows:
            Carrier Replacement Program (AP), $554,798,000;
            Virginia Class Submarine, $3,221,314,000;
            Virginia Class Submarine (AP), $1,461,361,000;
            CVN Refuelings (AP), $529,652,000;
            DDG-1000 Program, $453,727,000;
            DDG-51 Destroyer, $1,980,709,000;
            DDG-51 Destroyer (AP), $100,723,000;
            Littoral Combat Ship, $1,755,093,000;
            LPD-17, $1,837,444,000;
            LHA-Replacement, $1,999,191,000;
            Joint High Speed Vessel, $372,332,000;
            Oceanographic Ships, $89,000,000;
            Moored Training Ship, $131,200,000;
            LCAC Service Life Extension Program, $84,076,000;
            Service Craft, $3,863,000; and
            For outfitting, post delivery, conversions, and 
        first destination transportation, $270,639,000.
            Completion of Prior Year Shipbuilding Programs, 
        $73,992,000.
    In all: $14,919,114,000, to remain available for obligation 
until September 30, 2016:  Provided, That additional 
obligations may be incurred after September 30, 2016, for 
engineering services, tests, evaluations, and other such 
budgeted work that must be performed in the final stage of ship 
construction:  Provided further, That none of the funds 
provided under this heading for the construction or conversion 
of any naval vessel to be constructed in shipyards in the 
United States shall be expended in foreign facilities for the 
construction of major components of such vessel:  Provided 
further, That none of the funds provided under this heading 
shall be used for the construction of any naval vessel in 
foreign shipyards.

                        Other Procurement, Navy

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

                       Procurement, Marine Corps

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

                    Aircraft Procurement, Air Force

                     (including transfer of funds)

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

                     Missile Procurement, Air Force

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

                  Procurement of Ammunition, Air Force

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

                      Other Procurement, Air Force

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

                       Procurement, Defense-Wide

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

                    Defense Production Act Purchases

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

                                TITLE IV

               RESEARCH, DEVELOPMENT, TEST AND EVALUATION

            Research, Development, Test and Evaluation, Army

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

            Research, Development, Test and Evaluation, Navy

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

         Research, Development, Test and Evaluation, Air Force

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

        Research, Development, Test and Evaluation, Defense-Wide

                     (including transfer of funds)

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

                Operational Test and Evaluation, Defense

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

                                TITLE V

                     REVOLVING AND MANAGEMENT FUNDS

                     Defense Working Capital Funds

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

                     National Defense Sealift Fund

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

                                TITLE VI

                  OTHER DEPARTMENT OF DEFENSE PROGRAMS

                         Defense Health Program

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

           Chemical Agents and Munitions Destruction, Defense

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

         Drug Interdiction and Counter-Drug Activities, Defense

                     (including transfer of funds)

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

                    Office of the Inspector General

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

                               TITLE VII

                            RELATED AGENCIES

   Central Intelligence Agency Retirement and Disability System Fund

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

               Intelligence Community Management Account

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

                               TITLE VIII

                           GENERAL PROVISIONS

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

                          (transfer of funds)

    Sec. 8005.  Upon determination by the Secretary of Defense 
that such action is necessary in the national interest, he may, 
with the approval of the Office of Management and Budget, 
transfer not to exceed $3,750,000,000 of working capital funds 
of the Department of Defense or funds made available in this 
Act to the Department of Defense for military functions (except 
military construction) between such appropriations or funds or 
any subdivision thereof, to be merged with and to be available 
for the same purposes, and for the same time period, as the 
appropriation or fund to which transferred:  Provided, That 
such authority to transfer may not be used unless for higher 
priority items, based on unforeseen military requirements, than 
those for which originally appropriated and in no case where 
the item for which funds are requested has been denied by the 
Congress:  Provided further, That the Secretary of Defense 
shall notify the Congress promptly of all transfers made 
pursuant to this authority or any other authority in this Act:  
Provided further, That no part of the funds in this Act shall 
be available to prepare or present a request to the Committees 
on Appropriations for reprogramming of funds, unless for higher 
priority items, based on unforeseen military requirements, than 
those for which originally appropriated and in no case where 
the item for which reprogramming is requested has been denied 
by the Congress:  Provided further, That a request for multiple 
reprogrammings of funds using authority provided in this 
section shall be made prior to June 30, 2012:  Provided 
further, That transfers among military personnel appropriations 
shall not be taken into account for purposes of the limitation 
on the amount of funds that may be transferred under this 
section.
    Sec. 8006. (a) With regard to the list of specific 
programs, projects, and activities (and the dollar amounts and 
adjustments to budget activities corresponding to such 
programs, projects, and activities) contained in the tables 
titled ``Explanation of Project Level Adjustments'' in the 
explanatory statement regarding this Act, the obligation and 
expenditure of amounts appropriated or otherwise made available 
in this Act for those programs, projects, and activities for 
which the amounts appropriated exceed the amounts requested are 
hereby required by law to be carried out in the manner provided 
by such tables to the same extent as if the tables were 
included in the text of this Act.
    (b) Amounts specified in the referenced tables described in 
subsection (a) shall not be treated as subdivisions of 
appropriations for purposes of section 8005 of this Act:  
Provided, That section 8005 shall apply when transfers of the 
amounts described in subsection (a) occur between appropriation 
accounts.
    Sec. 8007. (a) Not later than 60 days after enactment of 
this Act, the Department of Defense shall submit a report to 
the congressional defense committees to establish the baseline 
for application of reprogramming and transfer authorities for 
fiscal year 2012:  Provided, That the report shall include--
            (1) a table for each appropriation with a separate 
        column to display the President's budget request, 
        adjustments made by Congress, adjustments due to 
        enacted rescissions, if appropriate, and the fiscal 
        year enacted level;
            (2) a delineation in the table for each 
        appropriation both by budget activity and program, 
        project, and activity as detailed in the Budget 
        Appendix; and
            (3) an identification of items of special 
        congressional interest.
    (b) Notwithstanding section 8005 of this Act, none of the 
funds provided in this Act shall be available for reprogramming 
or transfer until the report identified in subsection (a) is 
submitted to the congressional defense committees, unless the 
Secretary of Defense certifies in writing to the congressional 
defense committees that such reprogramming or transfer is 
necessary as an emergency requirement.

                          (transfer of funds)

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

                          (transfer of funds)

    Sec. 8015.  Funds appropriated in title III of this Act for 
the Department of Defense Pilot Mentor-Protege Program may be 
transferred to any other appropriation contained in this Act 
solely for the purpose of implementing a Mentor-Protege Program 
developmental assistance agreement pursuant to section 831 of 
the National Defense Authorization Act for Fiscal Year 1991 
(Public Law 101-510; 10 U.S.C. 2302 note), as amended, under 
the authority of this provision or any other transfer authority 
contained in this Act.
    Sec. 8016.  None of the funds in this Act may be available 
for the purchase by the Department of Defense (and its 
departments and agencies) of welded shipboard anchor and 
mooring chain 4 inches in diameter and under unless the anchor 
and mooring chain are manufactured in the United States from 
components which are substantially manufactured in the United 
States:  Provided, That for the purpose of this section, the 
term ``manufactured'' shall include cutting, heat treating, 
quality control, testing of chain and welding (including the 
forging and shot blasting process):  Provided further, That for 
the purpose of this section substantially all of the components 
of anchor and mooring chain shall be considered to be produced 
or manufactured in the United States if the aggregate cost of 
the components produced or manufactured in the United States 
exceeds the aggregate cost of the components produced or 
manufactured outside the United States:  Provided further, That 
when adequate domestic supplies are not available to meet 
Department of Defense requirements on a timely basis, the 
Secretary of the service responsible for the procurement may 
waive this restriction on a case-by-case basis by certifying in 
writing to the Committees on Appropriations that such an 
acquisition must be made in order to acquire capability for 
national security purposes.
    Sec. 8017.  None of the funds available to the Department 
of Defense may be used to demilitarize or dispose of M-1 
Carbines, M-1 Garand rifles, M-14 rifles, .22 caliber rifles, 
.30 caliber rifles, or M-1911 pistols, or to demilitarize or 
destroy small arms ammunition or ammunition components that are 
not otherwise prohibited from commercial sale under Federal 
law, unless the small arms ammunition or ammunition components 
are certified by the Secretary of the Army or designee as 
unserviceable or unsafe for further use.
    Sec. 8018.  No more than $500,000 of the funds appropriated 
or made available in this Act shall be used during a single 
fiscal year for any single relocation of an organization, unit, 
activity or function of the Department of Defense into or 
within the National Capital Region:  Provided, That the 
Secretary of Defense may waive this restriction on a case-by-
case basis by certifying in writing to the congressional 
defense committees that such a relocation is required in the 
best interest of the Government.
    Sec. 8019.  In addition to the funds provided elsewhere in 
this Act, $15,000,000 is appropriated only for incentive 
payments authorized by section 504 of the Indian Financing Act 
of 1974 (25 U.S.C. 1544):  Provided, That a prime contractor or 
a subcontractor at any tier that makes a subcontract award to 
any subcontractor or supplier as defined in section 1544 of 
title 25, United States Code, or a small business owned and 
controlled by an individual or individuals defined under 
section 4221(9) of title 25, United States Code, shall be 
considered a contractor for the purposes of being allowed 
additional compensation under section 504 of the Indian 
Financing Act of 1974 (25 U.S.C. 1544) whenever the prime 
contract or subcontract amount is over $500,000 and involves 
the expenditure of funds appropriated by an Act making 
Appropriations for the Department of Defense with respect to 
any fiscal year:  Provided further, That notwithstanding 
section 1906 of title 41, United States Code, this section 
shall be applicable to any Department of Defense acquisition of 
supplies or services, including any contract and any 
subcontract at any tier for acquisition of commercial items 
produced or manufactured, in whole or in part, by any 
subcontractor or supplier defined in section 1544 of title 25, 
United States Code, or a small business owned and controlled by 
an individual or individuals defined under section 4221(9) of 
title 25, United States Code.
    Sec. 8020.  Funds appropriated by this Act for the Defense 
Media Activity shall not be used for any national or 
international political or psychological activities.
    Sec. 8021.  During the current fiscal year, the Department 
of Defense is authorized to incur obligations of not to exceed 
$350,000,000 for purposes specified in section 2350j(c) of 
title 10, United States Code, in anticipation of receipt of 
contributions, only from the Government of Kuwait, under that 
section:  Provided, That upon receipt, such contributions from 
the Government of Kuwait shall be credited to the 
appropriations or fund which incurred such obligations.
    Sec. 8022. (a) Of the funds made available in this Act, not 
less than $37,745,000 shall be available for the Civil Air 
Patrol Corporation, of which--
            (1) $27,838,000 shall be available from ``Operation 
        and Maintenance, Air Force'' to support Civil Air 
        Patrol Corporation operation and maintenance, 
        readiness, counterdrug activities, and drug demand 
        reduction activities involving youth programs;
            (2) $8,990,000 shall be available from ``Aircraft 
        Procurement, Air Force''; and
            (3) $917,000 shall be available from ``Other 
        Procurement, Air Force'' for vehicle procurement.
    (b) The Secretary of the Air Force should waive 
reimbursement for any funds used by the Civil Air Patrol for 
counter-drug activities in support of Federal, State, and local 
government agencies.
    Sec. 8023. (a) None of the funds appropriated in this Act 
are available to establish a new Department of Defense 
(department) federally funded research and development center 
(FFRDC), either as a new entity, or as a separate entity 
administrated by an organization managing another FFRDC, or as 
a nonprofit membership corporation consisting of a consortium 
of other FFRDCs and other nonprofit entities.
    (b) No member of a Board of Directors, Trustees, Overseers, 
Advisory Group, Special Issues Panel, Visiting Committee, or 
any similar entity of a defense FFRDC, and no paid consultant 
to any defense FFRDC, except when acting in a technical 
advisory capacity, may be compensated for his or her services 
as a member of such entity, or as a paid consultant by more 
than one FFRDC in a fiscal year:  Provided, That a member of 
any such entity referred to previously in this subsection shall 
be allowed travel expenses and per diem as authorized under the 
Federal Joint Travel Regulations, when engaged in the 
performance of membership duties.
    (c) Notwithstanding any other provision of law, none of the 
funds available to the department from any source during fiscal 
year 2012 may be used by a defense FFRDC, through a fee or 
other payment mechanism, for construction of new buildings, for 
payment of cost sharing for projects funded by Government 
grants, for absorption of contract overruns, or for certain 
charitable contributions, not to include employee participation 
in community service and/or development.
    (d) Notwithstanding any other provision of law, of the 
funds available to the department during fiscal year 2012, not 
more than 5,750 staff years of technical effort (staff years) 
may be funded for defense FFRDCs:  Provided, That of the 
specific amount referred to previously in this subsection, not 
more than 1,125 staff years may be funded for the defense 
studies and analysis FFRDCs:  Provided further, That this 
subsection shall not apply to staff years funded in the 
National Intelligence Program (NIP) and the Military 
Intelligence Program (MIP).
    (e) The Secretary of Defense shall, with the submission of 
the department's fiscal year 2013 budget request, submit a 
report presenting the specific amounts of staff years of 
technical effort to be allocated for each defense FFRDC during 
that fiscal year and the associated budget estimates.
    (f) Notwithstanding any other provision of this Act, the 
total amount appropriated in this Act for FFRDCs is hereby 
reduced by $150,245,000.
    Sec. 8024.  None of the funds appropriated or made 
available in this Act shall be used to procure carbon, alloy or 
armor steel plate for use in any Government-owned facility or 
property under the control of the Department of Defense which 
were not melted and rolled in the United States or Canada:  
Provided, That these procurement restrictions shall apply to 
any and all Federal Supply Class 9515, American Society of 
Testing and Materials (ASTM) or American Iron and Steel 
Institute (AISI) specifications of carbon, alloy or armor steel 
plate:  Provided further, That the Secretary of the military 
department responsible for the procurement may waive this 
restriction on a case-by-case basis by certifying in writing to 
the Committees on Appropriations of the House of 
Representatives and the Senate that adequate domestic supplies 
are not available to meet Department of Defense requirements on 
a timely basis and that such an acquisition must be made in 
order to acquire capability for national security purposes:  
Provided further, That these restrictions shall not apply to 
contracts which are in being as of the date of the enactment of 
this Act.
    Sec. 8025.  For the purposes of this Act, the term 
``congressional defense committees'' means the Armed Services 
Committee of the House of Representatives, the Armed Services 
Committee of the Senate, the Subcommittee on Defense of the 
Committee on Appropriations of the Senate, and the Subcommittee 
on Defense of the Committee on Appropriations of the House of 
Representatives.
    Sec. 8026.  During the current fiscal year, the Department 
of Defense may acquire the modification, depot maintenance and 
repair of aircraft, vehicles and vessels as well as the 
production of components and other Defense-related articles, 
through competition between Department of Defense depot 
maintenance activities and private firms:  Provided, That the 
Senior Acquisition Executive of the military department or 
Defense Agency concerned, with power of delegation, shall 
certify that successful bids include comparable estimates of 
all direct and indirect costs for both public and private bids: 
 Provided further, That Office of Management and Budget 
Circular A-76 shall not apply to competitions conducted under 
this section.
    Sec. 8027. (a)(1) If the Secretary of Defense, after 
consultation with the United States Trade Representative, 
determines that a foreign country which is party to an 
agreement described in paragraph (2) has violated the terms of 
the agreement by discriminating against certain types of 
products produced in the United States that are covered by the 
agreement, the Secretary of Defense shall rescind the 
Secretary's blanket waiver of the Buy American Act with respect 
to such types of products produced in that foreign country.
    (2) An agreement referred to in paragraph (1) is any 
reciprocal defense procurement memorandum of understanding, 
between the United States and a foreign country pursuant to 
which the Secretary of Defense has prospectively waived the Buy 
American Act for certain products in that country.
    (b) The Secretary of Defense shall submit to the Congress a 
report on the amount of Department of Defense purchases from 
foreign entities in fiscal year 2012. Such report shall 
separately indicate the dollar value of items for which the Buy 
American Act was waived pursuant to any agreement described in 
subsection (a)(2), the Trade Agreement Act of 1979 (19 U.S.C. 
2501 et seq.), or any international agreement to which the 
United States is a party.
    (c) For purposes of this section, the term ``Buy American 
Act'' means chapter 83 of title 41, United States Code.
    Sec. 8028.  During the current fiscal year, amounts 
contained in the Department of Defense Overseas Military 
Facility Investment Recovery Account established by section 
2921(c)(1) of the National Defense Authorization Act of 1991 
(Public Law 101-510; 10 U.S.C. 2687 note) shall be available 
until expended for the payments specified by section 2921(c)(2) 
of that Act.
    Sec. 8029. (a) Notwithstanding any other provision of law, 
the Secretary of the Air Force may convey at no cost to the Air 
Force, without consideration, to Indian tribes located in the 
States of Nevada, Idaho, North Dakota, South Dakota, Montana, 
Oregon, Minnesota, and Washington relocatable military housing 
units located at Grand Forks Air Force Base, Malmstrom Air 
Force Base, Mountain Home Air Force Base, Ellsworth Air Force 
Base, and Minot Air Force Base that are excess to the needs of 
the Air Force.
    (b) The Secretary of the Air Force shall convey, at no cost 
to the Air Force, military housing units under subsection (a) 
in accordance with the request for such units that are 
submitted to the Secretary by the Operation Walking Shield 
Program on behalf of Indian tribes located in the States of 
Nevada, Idaho, North Dakota, South Dakota, Montana, Oregon, 
Minnesota, and Washington. Any such conveyance shall be subject 
to the condition that the housing units shall be removed within 
a reasonable period of time, as determined by the Secretary.
    (c) The Operation Walking Shield Program shall resolve any 
conflicts among requests of Indian tribes for housing units 
under subsection (a) before submitting requests to the 
Secretary of the Air Force under subsection (b).
    (d) In this section, the term ``Indian tribe'' means any 
recognized Indian tribe included on the current list published 
by the Secretary of the Interior under section 104 of the 
Federally Recognized Indian Tribe Act of 1994 (Public Law 103-
454; 108 Stat. 4792; 25 U.S.C. 479a-1).
    Sec. 8030.  During the current fiscal year, appropriations 
which are available to the Department of Defense for operation 
and maintenance may be used to purchase items having an 
investment item unit cost of not more than $250,000.
    Sec. 8031. (a) During the current fiscal year, none of the 
appropriations or funds available to the Department of Defense 
Working Capital Funds shall be used for the purchase of an 
investment item for the purpose of acquiring a new inventory 
item for sale or anticipated sale during the current fiscal 
year or a subsequent fiscal year to customers of the Department 
of Defense Working Capital Funds if such an item would not have 
been chargeable to the Department of Defense Business 
Operations Fund during fiscal year 1994 and if the purchase of 
such an investment item would be chargeable during the current 
fiscal year to appropriations made to the Department of Defense 
for procurement.
    (b) The fiscal year 2013 budget request for the Department 
of Defense as well as all justification material and other 
documentation supporting the fiscal year 2013 Department of 
Defense budget shall be prepared and submitted to the Congress 
on the basis that any equipment which was classified as an end 
item and funded in a procurement appropriation contained in 
this Act shall be budgeted for in a proposed fiscal year 2013 
procurement appropriation and not in the supply management 
business area or any other area or category of the Department 
of Defense Working Capital Funds.
    Sec. 8032.  None of the funds appropriated by this Act for 
programs of the Central Intelligence Agency shall remain 
available for obligation beyond the current fiscal year, except 
for funds appropriated for the Reserve for Contingencies, which 
shall remain available until September 30, 2013:  Provided, 
That funds appropriated, transferred, or otherwise credited to 
the Central Intelligence Agency Central Services Working 
Capital Fund during this or any prior or subsequent fiscal year 
shall remain available until expended:  Provided further, That 
any funds appropriated or transferred to the Central 
Intelligence Agency for advanced research and development 
acquisition, for agent operations, and for covert action 
programs authorized by the President under section 503 of the 
National Security Act of 1947, as amended, shall remain 
available until September 30, 2013.
    Sec. 8033.  Notwithstanding any other provision of law, 
funds made available in this Act for the Defense Intelligence 
Agency may be used for the design, development, and deployment 
of General Defense Intelligence Program intelligence 
communications and intelligence information systems for the 
Services, the Unified and Specified Commands, and the component 
commands.
    Sec. 8034.  Of the funds appropriated to the Department of 
Defense under the heading ``Operation and Maintenance, Defense-
Wide'', not less than $12,000,000 shall be made available only 
for the mitigation of environmental impacts, including training 
and technical assistance to tribes, related administrative 
support, the gathering of information, documenting of 
environmental damage, and developing a system for 
prioritization of mitigation and cost to complete estimates for 
mitigation, on Indian lands resulting from Department of 
Defense activities.
    Sec. 8035. (a) None of the funds appropriated in this Act 
may be expended by an entity of the Department of Defense 
unless the entity, in expending the funds, complies with the 
Buy American Act. For purposes of this subsection, the term 
``Buy American Act'' means chapter 83 of title 41, United 
States Code.
    (b) If the Secretary of Defense determines that a person 
has been convicted of intentionally affixing a label bearing a 
``Made in America'' inscription to any product sold in or 
shipped to the United States that is not made in America, the 
Secretary shall determine, in accordance with section 2410f of 
title 10, United States Code, whether the person should be 
debarred from contracting with the Department of Defense.
    (c) In the case of any equipment or products purchased with 
appropriations provided under this Act, it is the sense of the 
Congress that any entity of the Department of Defense, in 
expending the appropriation, purchase only American-made 
equipment and products, provided that American-made equipment 
and products are cost-competitive, quality competitive, and 
available in a timely fashion.
    Sec. 8036.  None of the funds appropriated by this Act 
shall be available for a contract for studies, analysis, or 
consulting services entered into without competition on the 
basis of an unsolicited proposal unless the head of the 
activity responsible for the procurement determines--
            (1) as a result of thorough technical evaluation, 
        only one source is found fully qualified to perform the 
        proposed work;
            (2) the purpose of the contract is to explore an 
        unsolicited proposal which offers significant 
        scientific or technological promise, represents the 
        product of original thinking, and was submitted in 
        confidence by one source; or
            (3) the purpose of the contract is to take 
        advantage of unique and significant industrial 
        accomplishment by a specific concern, or to insure that 
        a new product or idea of a specific concern is given 
        financial support:  Provided, That this limitation 
        shall not apply to contracts in an amount of less than 
        $25,000, contracts related to improvements of equipment 
        that is in development or production, or contracts as 
        to which a civilian official of the Department of 
        Defense, who has been confirmed by the Senate, 
        determines that the award of such contract is in the 
        interest of the national defense.
    Sec. 8037. (a) Except as provided in subsections (b) and 
(c), none of the funds made available by this Act may be used--
            (1) to establish a field operating agency; or
            (2) to pay the basic pay of a member of the Armed 
        Forces or civilian employee of the department who is 
        transferred or reassigned from a headquarters activity 
        if the member or employee's place of duty remains at 
        the location of that headquarters.
    (b) The Secretary of Defense or Secretary of a military 
department may waive the limitations in subsection (a), on a 
case-by-case basis, if the Secretary determines, and certifies 
to the Committees on Appropriations of the House of 
Representatives and Senate that the granting of the waiver will 
reduce the personnel requirements or the financial requirements 
of the department.
    (c) This section does not apply to--
            (1) field operating agencies funded within the 
        National Intelligence Program;
            (2) an Army field operating agency established to 
        eliminate, mitigate, or counter the effects of 
        improvised explosive devices, and, as determined by the 
        Secretary of the Army, other similar threats; or
            (3) an Army field operating agency established to 
        improve the effectiveness and efficiencies of biometric 
        activities and to integrate common biometric 
        technologies throughout the Department of Defense.
    Sec. 8038.  The Secretary of Defense, notwithstanding any 
other provision of law, acting through the Office of Economic 
Adjustment of the Department of Defense, may use funds made 
available in this Act under the heading ``Operation and 
Maintenance, Defense-Wide'' to make grants and supplement other 
Federal funds in accordance with the guidance provided in the 
explanatory statement regarding this Act.
    Sec. 8039. (a) None of the funds appropriated by this Act 
shall be available to convert to contractor performance an 
activity or function of the Department of Defense that, on or 
after the date of the enactment of this Act, is performed by 
Department of Defense civilian employees unless--
            (1) the conversion is based on the result of a 
        public-private competition that includes a most 
        efficient and cost effective organization plan 
        developed by such activity or function;
            (2) the Competitive Sourcing Official determines 
        that, over all performance periods stated in the 
        solicitation of offers for performance of the activity 
        or function, the cost of performance of the activity or 
        function by a contractor would be less costly to the 
        Department of Defense by an amount that equals or 
        exceeds the lesser of--
                    (A) 10 percent of the most efficient 
                organization's personnel-related costs for 
                performance of that activity or function by 
                Federal employees; or
                    (B) $10,000,000; and
            (3) the contractor does not receive an advantage 
        for a proposal that would reduce costs for the 
        Department of Defense by--
                    (A) not making an employer-sponsored health 
                insurance plan available to the workers who are 
                to be employed in the performance of that 
                activity or function under the contract; or
                    (B) offering to such workers an employer-
                sponsored health benefits plan that requires 
                the employer to contribute less towards the 
                premium or subscription share than the amount 
                that is paid by the Department of Defense for 
                health benefits for civilian employees under 
                chapter 89 of title 5, United States Code.
    (b)(1) The Department of Defense, without regard to 
subsection (a) of this section or subsection (a), (b), or (c) 
of section 2461 of title 10, United States Code, and 
notwithstanding any administrative regulation, requirement, or 
policy to the contrary shall have full authority to enter into 
a contract for the performance of any commercial or industrial 
type function of the Department of Defense that--
                    (A) is included on the procurement list 
                established pursuant to section 2 of the 
                Javits-Wagner-O'Day Act (section 8503 of title 
                41, United States Code);
                    (B) is planned to be converted to 
                performance by a qualified nonprofit agency for 
                the blind or by a qualified nonprofit agency 
                for other severely handicapped individuals in 
                accordance with that Act; or
                    (C) is planned to be converted to 
                performance by a qualified firm under at least 
                51 percent ownership by an Indian tribe, as 
                defined in section 4(e) of the Indian Self-
                Determination and Education Assistance Act (25 
                U.S.C. 450b(e)), or a Native Hawaiian 
                Organization, as defined in section 8(a)(15) of 
                the Small Business Act (15 U.S.C. 637(a)(15)).
            (2) This section shall not apply to depot contracts 
        or contracts for depot maintenance as provided in 
        sections 2469 and 2474 of title 10, United States Code.
    (c) The conversion of any activity or function of the 
Department of Defense under the authority provided by this 
section shall be credited toward any competitive or outsourcing 
goal, target, or measurement that may be established by 
statute, regulation, or policy and is deemed to be awarded 
under the authority of, and in compliance with, subsection (h) 
of section 2304 of title 10, United States Code, for the 
competition or outsourcing of commercial activities.

                             (rescissions)

    Sec. 8040.  Of the funds appropriated in Department of 
Defense Appropriations Acts, the following funds are hereby 
rescinded from the following accounts and programs in the 
specified amounts:
            ``National Defense Sealift Fund, 2002/XXXX'', 
        $20,444,000;
            ``National Defense Sealift Fund, 2003/XXXX'', 
        $8,500,000;
            ``National Defense Sealift Fund, 2004/XXXX'', 
        $6,500,000;
            ``Aircraft Procurement, Army, 2010/2012'', 
        $5,100,000;
            ``Procurement of Weapons and Tracked Combat 
        Vehicles, Army, 2010/2012'', $4,353,000;
            ``Procurement of Ammunition, Army, 2010/2012'', 
        $21,674,000;
            ``Other Procurement, Army, 2010/2012'', 
        $58,647,000;
            ``Aircraft Procurement, Navy, 2010/2012'', 
        $90,000,000;
            ``Aircraft Procurement, Air Force, 2010/2012'', 
        $32,897,000;
            ``Missile Procurement, Air Force, 2010/2012'', 
        $3,889,000;
            ``Other Procurement, Air Force, 2010/2012'', 
        $12,200,000;
            ``Procurement, Defense-Wide, 2010/2012'', $716,000;
            ``Aircraft Procurement, Army, 2011/2013'', 
        $21,500,000;
            ``Missile Procurement, Army, 2011/2013'', 
        $99,800,000;
            ``Procurement of Weapons and Tracked Combat 
        Vehicles, Army, 2011/2013'', $18,834,000;
            ``Procurement of Ammunition, Army, 2011/2013'', 
        $15,000,000;
            ``Other Procurement, Army, 2011/2013'', 
        $438,436,000;
            ``Aircraft Procurement, Navy, 2011/2013'', 
        $78,000,000;
            ``Weapons Procurement, Navy, 2011/2013'', 
        $34,276,000;
            ``Procurement of Ammunition, Navy and Marine Corps, 
        2011/2013'', $28,262,000;
            ``Other Procurement, Navy, 2011/2013'', 
        $59,598,000;
            Under the heading, ``Shipbuilding and Conversion, 
        Navy, 2011/2015'': Littoral Combat Ship Advance 
        Procurement: $110,351,000;
            ``Aircraft Procurement, Air Force, 2011/2013'', 
        $220,213,000;
            ``Missile Procurement, Air Force, 2011/2013'', 
        $193,900,000;
            ``Other Procurement, Air Force, 2011/2013'', 
        $52,868,000;
            ``Procurement, Defense-Wide, 2011/2013'', 
        $4,312,000;
            ``Research, Development, Test and Evaluation, Army, 
        2011/2012'', $356,625,000;
            ``Research, Development, Test and Evaluation, Navy, 
        2011/2012'', $65,687,000;
            ``Research, Development, Test and Evaluation, Air 
        Force, 2011/2012'', $258,094,000;
            ``Research, Development, Test and Evaluation, 
        Defense-Wide, 2011/2012'', $254,284,000;
            ``Defense Health Program, 2011/2012'', $257,000:
             Provided, That the funds rescinded from the 
        National Defense Sealift accounts are those described 
        under the heading ``National Defense Sealift Fund'' in 
        Public Law 107-117, Public Law 107-248, and Public Law 
        108-87, or for the purposes described in section 115 of 
        division H of Public Law 108-199, as amended by section 
        1017 of division A of Public Law 109-13.
    Sec. 8041.  None of the funds available in this Act may be 
used to reduce the authorized positions for military 
technicians (dual status) of the Army National Guard, Air 
National Guard, Army Reserve and Air Force Reserve for the 
purpose of applying any administratively imposed civilian 
personnel ceiling, freeze, or reduction on military technicians 
(dual status), unless such reductions are a direct result of a 
reduction in military force structure.
    Sec. 8042.  None of the funds appropriated or otherwise 
made available in this Act may be obligated or expended for 
assistance to the Democratic People's Republic of Korea unless 
specifically appropriated for that purpose.
    Sec. 8043.  Funds appropriated in this Act for operation 
and maintenance of the Military Departments, Combatant Commands 
and Defense Agencies shall be available for reimbursement of 
pay, allowances and other expenses which would otherwise be 
incurred against appropriations for the National Guard and 
Reserve when members of the National Guard and Reserve provide 
intelligence or counterintelligence support to Combatant 
Commands, Defense Agencies and Joint Intelligence Activities, 
including the activities and programs included within the 
National Intelligence Program and the Military Intelligence 
Program:  Provided, That nothing in this section authorizes 
deviation from established Reserve and National Guard personnel 
and training procedures.
    Sec. 8044.  During the current fiscal year, none of the 
funds appropriated in this Act may be used to reduce the 
civilian medical and medical support personnel assigned to 
military treatment facilities below the September 30, 2003, 
level:  Provided, That the Service Surgeons General may waive 
this section by certifying to the congressional defense 
committees that the beneficiary population is declining in some 
catchment areas and civilian strength reductions may be 
consistent with responsible resource stewardship and 
capitation-based budgeting.
    Sec. 8045. (a) None of the funds available to the 
Department of Defense for any fiscal year for drug interdiction 
or counter-drug activities may be transferred to any other 
department or agency of the United States except as 
specifically provided in an appropriations law.
    (b) None of the funds available to the Central Intelligence 
Agency for any fiscal year for drug interdiction and counter-
drug activities may be transferred to any other department or 
agency of the United States except as specifically provided in 
an appropriations law.
    Sec. 8046.  None of the funds appropriated by this Act may 
be used for the procurement of ball and roller bearings other 
than those produced by a domestic source and of domestic 
origin:  Provided, That the Secretary of the military 
department responsible for such procurement may waive this 
restriction on a case-by-case basis by certifying in writing to 
the Committees on Appropriations of the House of 
Representatives and the Senate, that adequate domestic supplies 
are not available to meet Department of Defense requirements on 
a timely basis and that such an acquisition must be made in 
order to acquire capability for national security purposes:  
Provided further, That this restriction shall not apply to the 
purchase of ``commercial items'', as defined by section 4(12) 
of the Office of Federal Procurement Policy Act, except that 
the restriction shall apply to ball or roller bearings 
purchased as end items.
    Sec. 8047.  None of the funds in this Act may be used to 
purchase any supercomputer which is not manufactured in the 
United States, unless the Secretary of Defense certifies to the 
congressional defense committees that such an acquisition must 
be made in order to acquire capability for national security 
purposes that is not available from United States 
manufacturers.
    Sec. 8048.  None of the funds made available in this or any 
other Act may be used to pay the salary of any officer or 
employee of the Department of Defense who approves or 
implements the transfer of administrative responsibilities or 
budgetary resources of any program, project, or activity 
financed by this Act to the jurisdiction of another Federal 
agency not financed by this Act without the express 
authorization of Congress:  Provided, That this limitation 
shall not apply to transfers of funds expressly provided for in 
Defense Appropriations Acts, or provisions of Acts providing 
supplemental appropriations for the Department of Defense.
    Sec. 8049. (a) Notwithstanding any other provision of law, 
none of the funds available to the Department of Defense for 
the current fiscal year may be obligated or expended to 
transfer to another nation or an international organization any 
defense articles or services (other than intelligence services) 
for use in the activities described in subsection (b) unless 
the congressional defense committees, the Committee on Foreign 
Affairs of the House of Representatives, and the Committee on 
Foreign Relations of the Senate are notified 15 days in advance 
of such transfer.
    (b) This section applies to--
            (1) any international peacekeeping or peace-
        enforcement operation under the authority of chapter VI 
        or chapter VII of the United Nations Charter under the 
        authority of a United Nations Security Council 
        resolution; and
            (2) any other international peacekeeping, peace-
        enforcement, or humanitarian assistance operation.
    (c) A notice under subsection (a) shall include the 
following:
            (1) A description of the equipment, supplies, or 
        services to be transferred.
            (2) A statement of the value of the equipment, 
        supplies, or services to be transferred.
            (3) In the case of a proposed transfer of equipment 
        or supplies--
                    (A) a statement of whether the inventory 
                requirements of all elements of the Armed 
                Forces (including the reserve components) for 
                the type of equipment or supplies to be 
                transferred have been met; and
                    (B) a statement of whether the items 
                proposed to be transferred will have to be 
                replaced and, if so, how the President proposes 
                to provide funds for such replacement.
    Sec. 8050.  None of the funds available to the Department 
of Defense under this Act shall be obligated or expended to pay 
a contractor under a contract with the Department of Defense 
for costs of any amount paid by the contractor to an employee 
when--
            (1) such costs are for a bonus or otherwise in 
        excess of the normal salary paid by the contractor to 
        the employee; and
            (2) such bonus is part of restructuring costs 
        associated with a business combination.

                     (including transfer of funds)

    Sec. 8051.  During the current fiscal year, no more than 
$30,000,000 of appropriations made in this Act under the 
heading ``Operation and Maintenance, Defense-Wide'' may be 
transferred to appropriations available for the pay of military 
personnel, to be merged with, and to be available for the same 
time period as the appropriations to which transferred, to be 
used in support of such personnel in connection with support 
and services for eligible organizations and activities outside 
the Department of Defense pursuant to section 2012 of title 10, 
United States Code.
    Sec. 8052.  During the current fiscal year, in the case of 
an appropriation account of the Department of Defense for which 
the period of availability for obligation has expired or which 
has closed under the provisions of section 1552 of title 31, 
United States Code, and which has a negative unliquidated or 
unexpended balance, an obligation or an adjustment of an 
obligation may be charged to any current appropriation account 
for the same purpose as the expired or closed account if--
            (1) the obligation would have been properly 
        chargeable (except as to amount) to the expired or 
        closed account before the end of the period of 
        availability or closing of that account;
            (2) the obligation is not otherwise properly 
        chargeable to any current appropriation account of the 
        Department of Defense; and
            (3) in the case of an expired account, the 
        obligation is not chargeable to a current appropriation 
        of the Department of Defense under the provisions of 
        section 1405(b)(8) of the National Defense 
        Authorization Act for Fiscal Year 1991, Public Law 101-
        510, as amended (31 U.S.C. 1551 note):  Provided, That 
        in the case of an expired account, if subsequent review 
        or investigation discloses that there was not in fact a 
        negative unliquidated or unexpended balance in the 
        account, any charge to a current account under the 
        authority of this section shall be reversed and 
        recorded against the expired account:  Provided 
        further, That the total amount charged to a current 
        appropriation under this section may not exceed an 
        amount equal to 1 percent of the total appropriation 
        for that account.
    Sec. 8053. (a) Notwithstanding any other provision of law, 
the Chief of the National Guard Bureau may permit the use of 
equipment of the National Guard Distance Learning Project by 
any person or entity on a space-available, reimbursable basis. 
The Chief of the National Guard Bureau shall establish the 
amount of reimbursement for such use on a case-by-case basis.
    (b) Amounts collected under subsection (a) shall be 
credited to funds available for the National Guard Distance 
Learning Project and be available to defray the costs 
associated with the use of equipment of the project under that 
subsection. Such funds shall be available for such purposes 
without fiscal year limitation.
    Sec. 8054.  Using funds made available by this Act or any 
other Act, the Secretary of the Air Force, pursuant to a 
determination under section 2690 of title 10, United States 
Code, may implement cost-effective agreements for required 
heating facility modernization in the Kaiserslautern Military 
Community in the Federal Republic of Germany:  Provided, That 
in the City of Kaiserslautern and at the Rhine Ordnance 
Barracks area, such agreements will include the use of United 
States anthracite as the base load energy for municipal 
district heat to the United States Defense installations:  
Provided further, That at Landstuhl Army Regional Medical 
Center and Ramstein Air Base, furnished heat may be obtained 
from private, regional or municipal services, if provisions are 
included for the consideration of United States coal as an 
energy source.
    Sec. 8055.  None of the funds appropriated in title IV of 
this Act may be used to procure end-items for delivery to 
military forces for operational training, operational use or 
inventory requirements:  Provided, That this restriction does 
not apply to end-items used in development, prototyping, and 
test activities preceding and leading to acceptance for 
operational use:  Provided further, That this restriction does 
not apply to programs funded within the National Intelligence 
Program:  Provided further, That the Secretary of Defense may 
waive this restriction on a case-by-case basis by certifying in 
writing to the Committees on Appropriations of the House of 
Representatives and the Senate that it is in the national 
security interest to do so.
    Sec. 8056.  None of the funds made available in this Act 
may be used to approve or license the sale of the F-22A 
advanced tactical fighter to any foreign government:  Provided, 
That the Department of Defense may conduct or participate in 
studies, research, design and other activities to define and 
develop a future export version of the F-22A that protects 
classified and sensitive information, technologies and U.S. 
warfighting capabilities.
    Sec. 8057. (a) The Secretary of Defense may, on a case-by-
case basis, waive with respect to a foreign country each 
limitation on the procurement of defense items from foreign 
sources provided in law if the Secretary determines that the 
application of the limitation with respect to that country 
would invalidate cooperative programs entered into between the 
Department of Defense and the foreign country, or would 
invalidate reciprocal trade agreements for the procurement of 
defense items entered into under section 2531 of title 10, 
United States Code, and the country does not discriminate 
against the same or similar defense items produced in the 
United States for that country.
    (b) Subsection (a) applies with respect to--
            (1) contracts and subcontracts entered into on or 
        after the date of the enactment of this Act; and
            (2) options for the procurement of items that are 
        exercised after such date under contracts that are 
        entered into before such date if the option prices are 
        adjusted for any reason other than the application of a 
        waiver granted under subsection (a).
    (c) Subsection (a) does not apply to a limitation regarding 
construction of public vessels, ball and roller bearings, food, 
and clothing or textile materials as defined by section 11 
(chapters 50-65) of the Harmonized Tariff Schedule and products 
classified under headings 4010, 4202, 4203, 6401 through 6406, 
6505, 7019, 7218 through 7229, 7304.41 through 7304.49, 
7306.40, 7502 through 7508, 8105, 8108, 8109, 8211, 8215, and 
9404.
    Sec. 8058. (a) None of the funds made available by this Act 
may be used to support any training program involving a unit of 
the security forces or police of a foreign country if the 
Secretary of Defense has received credible information from the 
Department of State that the unit has committed a gross 
violation of human rights, unless all necessary corrective 
steps have been taken.
    (b) The Secretary of Defense, in consultation with the 
Secretary of State, shall ensure that prior to a decision to 
conduct any training program referred to in subsection (a), 
full consideration is given to all credible information 
available to the Department of State relating to human rights 
violations by foreign security forces.
    (c) The Secretary of Defense, after consultation with the 
Secretary of State, may waive the prohibition in subsection (a) 
if he determines that such waiver is required by extraordinary 
circumstances.
    (d) Not more than 15 days after the exercise of any waiver 
under subsection (c), the Secretary of Defense shall submit a 
report to the congressional defense committees describing the 
extraordinary circumstances, the purpose and duration of the 
training program, the United States forces and the foreign 
security forces involved in the training program, and the 
information relating to human rights violations that 
necessitates the waiver.
    Sec. 8059.  None of the funds appropriated or otherwise 
made available by this or other Department of Defense 
Appropriations Acts may be obligated or expended for the 
purpose of performing repairs or maintenance to military family 
housing units of the Department of Defense, including areas in 
such military family housing units that may be used for the 
purpose of conducting official Department of Defense business.
    Sec. 8060.  Notwithstanding any other provision of law, 
funds appropriated in this Act under the heading ``Research, 
Development, Test and Evaluation, Defense-Wide'' for any new 
start advanced concept technology demonstration project or 
joint capability demonstration project may only be obligated 45 
days after a report, including a description of the project, 
the planned acquisition and transition strategy and its 
estimated annual and total cost, has been provided in writing 
to the congressional defense committees:  Provided, That the 
Secretary of Defense may waive this restriction on a case-by-
case basis by certifying to the congressional defense 
committees that it is in the national interest to do so.
    Sec. 8061.  The Secretary of Defense shall provide a 
classified quarterly report beginning 30 days after enactment 
of this Act, to the House and Senate Appropriations Committees, 
Subcommittees on Defense on certain matters as directed in the 
classified annex accompanying this Act.
    Sec. 8062.  During the current fiscal year, none of the 
funds available to the Department of Defense may be used to 
provide support to another department or agency of the United 
States if such department or agency is more than 90 days in 
arrears in making payment to the Department of Defense for 
goods or services previously provided to such department or 
agency on a reimbursable basis:  Provided, That this 
restriction shall not apply if the department is authorized by 
law to provide support to such department or agency on a 
nonreimbursable basis, and is providing the requested support 
pursuant to such authority:  Provided further, That the 
Secretary of Defense may waive this restriction on a case-by-
case basis by certifying in writing to the Committees on 
Appropriations of the House of Representatives and the Senate 
that it is in the national security interest to do so.
    Sec. 8063.  Notwithstanding section 12310(b) of title 10, 
United States Code, a Reserve who is a member of the National 
Guard serving on full-time National Guard duty under section 
502(f) of title 32, United States Code, may perform duties in 
support of the ground-based elements of the National Ballistic 
Missile Defense System.
    Sec. 8064.  None of the funds provided in this Act may be 
used to transfer to any nongovernmental entity ammunition held 
by the Department of Defense that has a center-fire cartridge 
and a United States military nomenclature designation of 
``armor penetrator'', ``armor piercing (AP)'', ``armor piercing 
incendiary (API)'', or ``armor-piercing incendiary tracer (API-
T)'', except to an entity performing demilitarization services 
for the Department of Defense under a contract that requires 
the entity to demonstrate to the satisfaction of the Department 
of Defense that armor piercing projectiles are either: (1) 
rendered incapable of reuse by the demilitarization process; or 
(2) used to manufacture ammunition pursuant to a contract with 
the Department of Defense or the manufacture of ammunition for 
export pursuant to a License for Permanent Export of 
Unclassified Military Articles issued by the Department of 
State.
    Sec. 8065.  Notwithstanding any other provision of law, the 
Chief of the National Guard Bureau, or his designee, may waive 
payment of all or part of the consideration that otherwise 
would be required under section 2667 of title 10, United States 
Code, in the case of a lease of personal property for a period 
not in excess of 1 year to any organization specified in 
section 508(d) of title 32, United States Code, or any other 
youth, social, or fraternal nonprofit organization as may be 
approved by the Chief of the National Guard Bureau, or his 
designee, on a case-by-case basis.
    Sec. 8066.  None of the funds appropriated by this Act 
shall be used for the support of any nonappropriated funds 
activity of the Department of Defense that procures malt 
beverages and wine with nonappropriated funds for resale 
(including such alcoholic beverages sold by the drink) on a 
military installation located in the United States unless such 
malt beverages and wine are procured within that State, or in 
the case of the District of Columbia, within the District of 
Columbia, in which the military installation is located:  
Provided, That in a case in which the military installation is 
located in more than one State, purchases may be made in any 
State in which the installation is located:  Provided further, 
That such local procurement requirements for malt beverages and 
wine shall apply to all alcoholic beverages only for military 
installations in States which are not contiguous with another 
State:  Provided further, That alcoholic beverages other than 
wine and malt beverages, in contiguous States and the District 
of Columbia shall be procured from the most competitive source, 
price and other factors considered.

                     (including transfer of funds)

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

``Sec. 1790. MILITARY PERSONNEL CITIZENSHIP PROCESSING.

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

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

                     (including transfer of funds)

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

                     (including transfer of funds)

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

                     (including transfer of funds)

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

                     (including transfer of funds)

    Sec. 8079.  In addition to the amounts appropriated or 
otherwise made available elsewhere in this Act, $44,000,000 is 
hereby appropriated to the Department of Defense:  Provided, 
That upon the determination of the Secretary of Defense that it 
shall serve the national interest, he shall make grants in the 
amounts specified as follows: $20,000,000 to the United Service 
Organizations and $24,000,000 to the Red Cross.
    Sec. 8080.  None of the funds appropriated or made 
available in this Act shall be used to reduce or disestablish 
the operation of the 53rd Weather Reconnaissance Squadron of 
the Air Force Reserve, if such action would reduce the WC-130 
Weather Reconnaissance mission below the levels funded in this 
Act:  Provided, That the Air Force shall allow the 53rd Weather 
Reconnaissance Squadron to perform other missions in support of 
national defense requirements during the non-hurricane season.
    Sec. 8081.  None of the funds provided in this Act shall be 
available for integration of foreign intelligence information 
unless the information has been lawfully collected and 
processed during the conduct of authorized foreign intelligence 
activities:  Provided, That information pertaining to United 
States persons shall only be handled in accordance with 
protections provided in the Fourth Amendment of the United 
States Constitution as implemented through Executive Order No. 
12333.
    Sec. 8082. (a) At the time members of reserve components of 
the Armed Forces are called or ordered to active duty under 
section 12302(a) of title 10, United States Code, each member 
shall be notified in writing of the expected period during 
which the member will be mobilized.
    (b) The Secretary of Defense may waive the requirements of 
subsection (a) in any case in which the Secretary determines 
that it is necessary to do so to respond to a national security 
emergency or to meet dire operational requirements of the Armed 
Forces.

                     (including transfer of funds)

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

                     (INCLUDING TRANSFER OF FUNDS)

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

                     (including transfer of funds)

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

                     (including transfer of funds)

    Sec. 8098.  Of the funds appropriated in the Intelligence 
Community Management Account for the Program Manager for the 
Information Sharing Environment, $20,000,000 is available for 
transfer by the Director of National Intelligence to other 
departments and agencies for purposes of Government-wide 
information sharing activities:  Provided, That funds 
transferred under this provision are to be merged with and 
available for the same purposes and time period as the 
appropriation to which transferred:  Provided further, That the 
Office of Management and Budget must approve any transfers made 
under this provision.
    Sec. 8099.  Funds appropriated by this Act for operation 
and maintenance may be available for the purpose of making 
remittances to the Defense Acquisition Workforce Development 
Fund in accordance with the requirements of section 1705 of 
title 10, United States Code.
    Sec. 8100. (a) Any agency receiving funds made available in 
this Act, shall, subject to subsections (b) and (c), post on 
the public website of that agency any report required to be 
submitted by the Congress in this or any other Act, upon the 
determination by the head of the agency that it shall serve the 
national interest.
    (b) Subsection (a) shall not apply to a report if--
            (1) the public posting of the report compromises 
        national security; or
            (2) the report contains proprietary information.
    (c) The head of the agency posting such report shall do so 
only after such report has been made available to the 
requesting Committee or Committees of Congress for no less than 
45 days.
    Sec. 8101. (a) None of the funds appropriated or otherwise 
made available by this Act may be expended for any Federal 
contract for an amount in excess of $1,000,000, unless the 
contractor agrees not to--
            (1) enter into any agreement with any of its 
        employees or independent contractors that requires, as 
        a condition of employment, that the employee or 
        independent contractor agree to resolve through 
        arbitration any claim under title VII of the Civil 
        Rights Act of 1964 or any tort related to or arising 
        out of sexual assault or harassment, including assault 
        and battery, intentional infliction of emotional 
        distress, false imprisonment, or negligent hiring, 
        supervision, or retention; or
            (2) take any action to enforce any provision of an 
        existing agreement with an employee or independent 
        contractor that mandates that the employee or 
        independent contractor resolve through arbitration any 
        claim under title VII of the Civil Rights Act of 1964 
        or any tort related to or arising out of sexual assault 
        or harassment, including assault and battery, 
        intentional infliction of emotional distress, false 
        imprisonment, or negligent hiring, supervision, or 
        retention.
    (b) None of the funds appropriated or otherwise made 
available by this Act may be expended for any Federal contract 
unless the contractor certifies that it requires each covered 
subcontractor to agree not to enter into, and not to take any 
action to enforce any provision of, any agreement as described 
in paragraphs (1) and (2) of subsection (a), with respect to 
any employee or independent contractor performing work related 
to such subcontract. For purposes of this subsection, a 
``covered subcontractor'' is an entity that has a subcontract 
in excess of $1,000,000 on a contract subject to subsection 
(a).
    (c) The prohibitions in this section do not apply with 
respect to a contractor's or subcontractor's agreements with 
employees or independent contractors that may not be enforced 
in a court of the United States.
    (d) The Secretary of Defense may waive the application of 
subsection (a) or (b) to a particular contractor or 
subcontractor for the purposes of a particular contract or 
subcontract if the Secretary or the Deputy Secretary personally 
determines that the waiver is necessary to avoid harm to 
national security interests of the United States, and that the 
term of the contract or subcontract is not longer than 
necessary to avoid such harm. The determination shall set forth 
with specificity the grounds for the waiver and for the 
contract or subcontract term selected, and shall state any 
alternatives considered in lieu of a waiver and the reasons 
each such alternative would not avoid harm to national security 
interests of the United States. The Secretary of Defense shall 
transmit to Congress, and simultaneously make public, any 
determination under this subsection not less than 15 business 
days before the contract or subcontract addressed in the 
determination may be awarded.
    Sec. 8102. (a)(1) No National Intelligence Program funds 
appropriated in this Act may be used for a mission critical or 
mission essential business management information technology 
system that is not registered with the Director of National 
Intelligence. A system shall be considered to be registered 
with that officer upon the furnishing notice of the system, 
together with such information concerning the system as the 
Director of the Business Transformation Office may prescribe.
    (2) During the fiscal year 2012 no funds may be obligated 
or expended for a financial management automated information 
system, a mixed information system supporting financial and 
non-financial systems, or a business system improvement of more 
than $3,000,000, within the Intelligence Community without the 
approval of the Business Transformation Investment Review 
Board.
    (b) This section shall not apply to any programmatic or 
analytic systems or programmatic or analytic system 
improvements.
    Sec. 8103.  None of the funds made available under this Act 
may be distributed to the Association of Community 
Organizations for Reform Now (ACORN) or its subsidiaries.

                     (including transfer of funds)

    Sec. 8104.  From within the funds appropriated for 
operation and maintenance for the Defense Health Program in 
this Act, up to $135,631,000, shall be available for transfer 
to the Joint Department of Defense-Department of Veterans 
Affairs Medical Facility Demonstration Fund in accordance with 
the provisions of section 1704 of the National Defense 
Authorization Act for Fiscal Year 2010, Public Law 111-84:  
Provided, That for purposes of section 1704(b), the facility 
operations funded are operations of the integrated Captain 
James A. Lovell Federal Health Care Center, consisting of the 
North Chicago Veterans Affairs Medical Center, the Navy 
Ambulatory Care Center, and supporting facilities designated as 
a combined Federal medical facility as described by section 706 
of Public Law 110-417:  Provided further, That additional funds 
may be transferred from funds appropriated for operation and 
maintenance for the Defense Health Program to the Joint 
Department of Defense-Department of Veterans Affairs Medical 
Facility Demonstration Fund upon written notification by the 
Secretary of Defense to the Committees on Appropriations of the 
House of Representatives and the Senate.
    Sec. 8105.  Section 310(b) of the Supplemental 
Appropriations Act, 2009 (Public Law 111-32; 124 Stat. 1871), 
as amended by Public Law 112-10, is amended by striking ``2 
years'' both places it appears and inserting ``3 years''.
    Sec. 8106.  The Office of the Director of National 
Intelligence shall not employ more Senior Executive employees 
than are specified in the classified annex:  Provided, That not 
later than 90 days after the enactment of this Act, the 
Director of National Intelligence shall submit to the 
congressional intelligence committees the Office of the 
Director of National Intelligence strategic human capital plan 
and the Office of Director of National Intelligence current and 
future grade structure, to include General Schedule 15 
positions.
    Sec. 8107.  None of the funds appropriated or otherwise 
made available by this Act may be obligated or expended to pay 
a retired general or flag officer to serve as a senior mentor 
advising the Department of Defense unless such retired officer 
files a Standard Form 278 (or successor form concerning public 
financial disclosure under part 2634 of title 5, Code of 
Federal Regulations) to the Office of Government Ethics.
    Sec. 8108.  Appropriations available to the Department of 
Defense may be used for the purchase of heavy and light armored 
vehicles for the physical security of personnel or for force 
protection purposes up to a limit of $250,000 per vehicle, 
notwithstanding price or other limitations applicable to the 
purchase of passenger carrying vehicles.
    Sec. 8109.  The Inspector General of the Department of 
Defense shall conduct a review of Anti-deficiency Act 
violations and their causes in the Department of Defense 
Military Personnel accounts. Based on the findings of the 
review, the Inspector General shall submit to the congressional 
defense committees a report containing the results of the 
review and recommendations for corrective actions to be 
implemented.
    Sec. 8110.  Of the amounts appropriated for ``Operation and 
Maintenance, Defense-Wide'', $33,000,000 shall be available to 
the Secretary of Defense, notwithstanding any other provision 
of law, acting through the Office of Economic Adjustment of the 
Department of Defense, to make grants, conclude cooperative 
agreements, and supplement other Federal funds, to remain 
available until expended, to assist the civilian population of 
Guam in response to the military buildup of Guam, to include 
addressing the need for vehicles and supplies for civilian 
student transportation, preservation and repository of 
artifacts unearthed during military construction, and 
construction of a mental health and substance abuse facility:  
Provided, That the Secretary of Defense shall, not fewer than 
15 days prior to obligating funds for this purpose, notify the 
congressional defense committees in writing of the details of 
any such obligation.
    Sec. 8111.  None of the funds made available by this Act 
may be used by the Secretary of Defense to take beneficial 
occupancy of more than 2,000 parking spaces (other than 
handicap-reserved spaces) to be provided by the BRAC 133 
project:  Provided, That this limitation may be waived in part 
if: (1) the Secretary of Defense certifies to Congress that 
levels of service at existing intersections in the vicinity of 
the project have not experienced failing levels of service as 
defined by the Transportation Research Board Highway Capacity 
Manual over a consecutive 90-day period; (2) the Department of 
Defense and the Virginia Department of Transportation agree on 
the number of additional parking spaces that may be made 
available to employees of the facility subject to continued 90-
day traffic monitoring; and (3) the Secretary of Defense 
notifies the congressional defense committees in writing at 
least 14 days prior to exercising this waiver of the number of 
additional parking spaces to be made available:  Provided 
further, That the Secretary of Defense shall implement the 
Department of Defense Inspector General recommendations 
outlined in report number DODIG-2012-024, and certify to 
Congress not later than 180 days after enactment of this Act 
that the recommendations have been implemented.
    Sec. 8112. (a) None of the funds provided in this title for 
Operation and Maintenance may be available for obligation or 
expenditure to relocate Air Force program offices, or 
acquisition management functions of major weapons systems, to a 
central location, or to any location other than the Air Force 
Material Command site where they are currently located until 30 
days after the Secretary of the Air Force submits the initial 
report under subsection (b).
    (b) The Secretary of the Air Force shall submit to the 
congressional defense committees a report which includes the 
following: a listing of all Air Force Material Command 
functions to be transferred and an identification of the 
locations where these functions will be transferred from and 
to; a listing of all Air Force Material Command personnel 
positions to be transferred and an identification of the 
locations these positions will be transferred from and to; and 
the cost benefit analysis and the life-cycle cost analysis 
underpinning the Secretary of the Air Force's decision to 
relocate Air Force Material Command functions and personnel.
    Sec. 8113.  Not later than 120 days after the date of the 
enactment of this Act, the Secretary of Defense shall resume 
quarterly reporting of the numbers of civilian personnel end 
strength by appropriation account for each and every 
appropriation account used to finance Federal civilian 
personnel salaries to the congressional defense committees 
within 15 days after the end of each fiscal quarter.
    Sec. 8114.  In addition to amounts provided elsewhere in 
this Act, $10,000,000 is hereby appropriated, for an additional 
amount for ``Research, Development, Test and Evaluation, 
Army'', to remain available until September 30, 2013. Such 
funds may be available for the Secretary of the Army to conduct 
research on alternative energy resources for deployed forces.
    Sec. 8115.  The Secretary of Defense shall study and report 
to the Congressional Defense Committees the feasibility of 
using commercially available telecommunications expense 
management solutions across the Department of Defense by March 
1, 2012.
    Sec. 8116.  None of the funds appropriated in this or any 
other Act may be used to plan, prepare for, or otherwise take 
any action to undertake or implement the separation of the 
National Intelligence Program budget from the Department of 
Defense budget.

                     (including transfer of funds)

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

                     (including transfer of funds)

    Sec. 8118.  In addition to amounts provided elsewhere in 
this Act, there is appropriated $250,000,000, for an additional 
amount for ``Operation and Maintenance, Defense-Wide'', to be 
available until expended:  Provided, That such funds shall only 
be available to the Secretary of Defense, acting through the 
Office of Economic Adjustment of the Department of Defense, or 
for transfer to the Secretary of Education, notwithstanding any 
other provision of law, to make grants, conclude cooperative 
agreements, or supplement other Federal funds to construct, 
renovate, repair, or expand elementary and secondary public 
schools on military installations in order to address capacity 
or facility condition deficiencies at such schools:  Provided 
further, That in making such funds available, the Office of 
Economic Adjustment or the Secretary of Education shall give 
priority consideration to those military installations with 
schools having the most serious capacity or facility condition 
deficiencies as determined by the Secretary of Defense.
    Sec. 8119.  None of the funds appropriated or otherwise 
made available in this or any other Act may be used to 
transfer, release, or assist in the transfer or release to or 
within the United States, its territories, or possessions 
Khalid Sheikh Mohammed or any other detainee who--
            (1) is not a United States citizen or a member of 
        the Armed Forces of the United States; and
            (2) is or was held on or after June 24, 2009, at 
        the United States Naval Station, Guantanamo Bay, Cuba, 
        by the Department of Defense.
    Sec. 8120. (a)(1) Except as provided in paragraph (2) and 
subsection (d), none of the funds appropriated or otherwise 
made available in this or any other Act may be used to transfer 
any individual detained at Guantanamo to the custody or control 
of the individual's country of origin, any other foreign 
country, or any other foreign entity unless the Secretary of 
Defense submits to Congress the certification described in 
subsection (b) not later than 30 days before the transfer of 
the individual.
    (2) Paragraph (1) shall not apply to any action taken by 
the Secretary to transfer any individual detained at Guantanamo 
to effectuate--
            (A) an order affecting the disposition of the 
        individual that is issued by a court or competent 
        tribunal of the United States having lawful 
        jurisdiction (which the Secretary shall notify Congress 
        of promptly after issuance); or
            (B) a pre-trial agreement entered in a military 
        commission case prior to the date of the enactment of 
        this Act.
    (b) A certification described in this subsection is a 
written certification made by the Secretary of Defense, with 
the concurrence of the Secretary of State and in consultation 
with the Director of National Intelligence, that--
            (1) the government of the foreign country or the 
        recognized leadership of the foreign entity to which 
        the individual detained at Guantanamo is to be 
        transferred--
                    (A) is not a designated state sponsor of 
                terrorism or a designated foreign terrorist 
                organization;
                    (B) maintains control over each detention 
                facility in which the individual is to be 
                detained if the individual is to be housed in a 
                detention facility;
                    (C) is not, as of the date of the 
                certification, facing a threat that is likely 
                to substantially affect its ability to exercise 
                control over the individual;
                    (D) has taken or agreed to take effective 
                actions to ensure that the individual cannot 
                take action to threaten the United States, its 
                citizens, or its allies in the future;
                    (E) has taken or agreed to take such 
                actions as the Secretary of Defense determines 
                are necessary to ensure that the individual 
                cannot engage or reengage in any terrorist 
                activity; and
                    (F) has agreed to share with the United 
                States any information that--
                            (i) is related to the individual or 
                        any associates of the individual; and
                            (ii) could affect the security of 
                        the United States, its citizens, or its 
                        allies; and
            (2) includes an assessment, in classified or 
        unclassified form, of the capacity, willingness, and 
        past practices (if applicable) of the foreign country 
        or entity in relation to the Secretary's 
        certifications.
    (c)(1) Except as provided in paragraph (2) and subsection 
(d), none of the funds appropriated or otherwise made available 
in this or any other Act may be used to transfer any individual 
detained at Guantanamo to the custody or control of the 
individual's country of origin, any other foreign country, or 
any other foreign entity if there is a confirmed case of any 
individual who was detained at United States Naval Station, 
Guantanamo Bay, Cuba, at any time after September 11, 2001, who 
was transferred to such foreign country or entity and 
subsequently engaged in any terrorist activity.
    (2) Paragraph (1) shall not apply to any action taken by 
the Secretary to transfer any individual detained at Guantanamo 
to effectuate--
            (A) an order affecting the disposition of the 
        individual that is issued by a court or competent 
        tribunal of the United States having lawful 
        jurisdiction (which the Secretary shall notify Congress 
        of promptly after issuance); or
            (B) a pre-trial agreement entered in a military 
        commission case prior to the date of the enactment of 
        this Act.
    (d)(1) The Secretary of Defense may waive the applicability 
to a detainee transfer of a certification requirement specified 
in subparagraph (D) or (E) of subsection (b)(1) or the 
prohibition in subsection (c), if the Secretary certifies the 
rest of the criteria required by subsection (b) for transfers 
prohibited by (c) and, with the concurrence of the Secretary of 
State and in consultation with the Director of National 
Intelligence, determines that--
            (A) alternative actions will be taken to address 
        the underlying purpose of the requirement or 
        requirements to be waived;
            (B) in the case of a waiver of subparagraph (D) or 
        (E) of subsection (b)(1), it is not possible to certify 
        that the risks addressed in the paragraph to be waived 
        have been completely eliminated, but the actions to be 
        taken under subparagraph (A) will substantially 
        mitigate such risks with regard to the individual to be 
        transferred;
            (C) in the case of a waiver of subsection (c), the 
        Secretary has considered any confirmed case in which an 
        individual who was transferred to the country 
        subsequently engaged in terrorist activity, and the 
        actions to be taken under subparagraph (A) will 
        substantially mitigate the risk of recidivism with 
        regard to the individual to be transferred; and
            (D) the transfer is in the national security 
        interests of the United States.
    (2) Whenever the Secretary makes a determination under 
paragraph (1), the Secretary shall submit to the appropriate 
committees of Congress, not later than 30 days before the 
transfer of the individual concerned, the following:
            (A) A copy of the determination and the waiver 
        concerned.
            (B) A statement of the basis for the determination, 
        including--
                    (i) an explanation why the transfer is in 
                the national security interests of the United 
                States; and
                    (ii) in the case of a waiver of 
                subparagraph (D) or (E) of subsection (b)(1), 
                an explanation why it is not possible to 
                certify that the risks addressed in the 
                subparagraph to be waived have been completely 
                eliminated.
            (C) A summary of the alternative actions to be 
        taken to address the underlying purpose of, and to 
        mitigate the risks addressed in, the subparagraph or 
        subsection to be waived.
            (D) The assessment required by subsection (b)(2).
    (e) In this section:
            (1) The term ``appropriate committees of Congress'' 
        means--
                    (A) the Committee on Armed Services, the 
                Committee on Appropriations, and the Select 
                Committee on Intelligence of the Senate; and
                    (B) the Committee on Armed Services, the 
                Committee on Appropriations, and the Permanent 
                Select Committee on Intelligence of the House 
                of Representatives.
            (2) The term ``individual detained at Guantanamo'' 
        means any individual located at United States Naval 
        Station, Guantanamo Bay, Cuba, as of October 1, 2009, 
        who--
                    (A) is not a citizen of the United States 
                or a member of the Armed Forces of the United 
                States; and
                    (B) is--
                            (i) in the custody or under the 
                        control of the Department of Defense; 
                        or
                            (ii) otherwise under detention at 
                        United States Naval Station, Guantanamo 
                        Bay, Cuba.
            (3) The term ``foreign terrorist organization'' 
        means any organization so designated by the Secretary 
        of State under section 219 of the Immigration and 
        Nationality Act (8 U.S.C. 1189).
    Sec. 8121. (a) None of the funds appropriated or otherwise 
made available in this or any other Act may be used to 
construct, acquire, or modify any facility in the United 
States, its territories, or possessions to house any individual 
described in subsection (c) for the purposes of detention or 
imprisonment in the custody or under the effective control of 
the Department of Defense.
    (b) The prohibition in subsection (a) shall not apply to 
any modification of facilities at United States Naval Station, 
Guantanamo Bay, Cuba.
    (c) An individual described in this subsection is any 
individual who, as of June 24, 2009, is located at United 
States Naval Station, Guantanamo Bay, Cuba, and who--
            (1) is not a citizen of the United States or a 
        member of the Armed Forces of the United States; and
            (2) is--
                    (A) in the custody or under the effective 
                control of the Department of Defense; or
                    (B) otherwise under detention at United 
                States Naval Station, Guantanamo Bay, Cuba.
    Sec. 8122.  Of the funds made available to the Department 
of Defense under ``Operation and Maintenance, Defense-Wide'' in 
title II, $1,000,000 may be available to the Department to 
competitively commission an independent assessment of the 
current and prospective situation on the ground in Afghanistan 
and Pakistan, including the strategic environment in and around 
Afghanistan and Pakistan; the security, political, and economic 
and reconstruction developments in those two countries; and 
relevant policy recommendations relating thereto.
    Sec. 8123.  Not later than 90 days after the date of the 
enactment of this Act, the Secretary of Defense shall submit to 
the congressional defense committees a report on the 
approximately $100,000,000,000 in efficiency savings identified 
by the military departments in the defense budget covering 
fiscal years 2012 through 2016 that are to be reinvested in the 
priorities of the military departments. Such report shall 
include an analysis of--
            (1) each savings identified by the military 
        departments, including--
                    (A) the budget account from which such 
                savings will be derived;
                    (B) the number of military personnel and 
                full-time civilian employees of the Federal 
                Government affected by such savings;
                    (C) the estimated reductions in the number 
                and funding of contractor personnel caused by 
                such savings; and
                    (D) a specific description of activities or 
                services that will be affected by such savings, 
                including the locations of such activities or 
                services; and
            (2) each reinvestment planned to be funded with 
        such savings, including--
                    (A) with respect to such reinvestment in 
                procurement and research, development, test and 
                evaluation accounts, the budget account to 
                which such savings will be reinvested, 
                including, by line item, the number of items to 
                be procured, as shown in annual P-1 and R-1 
                documents;
                    (B) with respect to such reinvestment in 
                military personnel and operation and 
                maintenance accounts, the budget account and 
                the subactivity (as shown in annual-1 and O-1 
                budget documents) to which such savings will be 
                reinvested;
                    (C) the number of military personnel and 
                full-time civilian employees of the Federal 
                Government affected by such reinvestment;
                    (D) the estimated number and funding of 
                contractor personnel affected by such 
                reinvestment; and
                    (E) a specific description of activities or 
                services that will be affected by such 
                reinvestment, including the locations of such 
                activities or services.
    Sec. 8124.  None of the funds made available by this Act 
may be used to enter into a contract, memorandum of 
understanding, or cooperative agreement with, make a grant to, 
or provide a loan or loan guarantee to, any corporation that 
any unpaid Federal tax liability that has been assessed, for 
which all judicial and administrative remedies have been 
exhausted or have lapsed, and that is not being paid in a 
timely manner pursuant to an agreement with the authority 
responsible for collecting the tax liability, where the 
awarding agency is aware of the unpaid tax liability, unless 
the agency has considered suspension or debarment of the 
corporation and made a determination that this further action 
is not necessary to protect the interests of the Government.
    Sec. 8125.  None of the funds made available by this Act 
may be used to enter into a contract, memorandum of 
understanding, or cooperative agreement with, make a grant to, 
or provide a loan or loan guarantee to, any corporation that 
was convicted of a felony criminal violation under any Federal 
law within the preceding 24 months, where the awarding agency 
is aware of the conviction, unless the agency has considered 
suspension or debarment of the corporation and made a 
determination that this further action is not necessary to 
protect the interests of the Government.

                     (including transfer of funds)

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

                                TITLE IX

                    OVERSEAS CONTINGENCY OPERATIONS

                           MILITARY PERSONNEL

                        Military Personnel, Army

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

                        Military Personnel, Navy

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

                    Military Personnel, Marine Corps

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

                     Military Personnel, Air Force

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

                        Reserve Personnel, Army

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

                        Reserve Personnel, Navy

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

                    Reserve Personnel, Marine Corps

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

                      Reserve Personnel, Air Force

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

                     National Guard Personnel, Army

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

                  National Guard Personnel, Air Force

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

                       OPERATION AND MAINTENANCE

                    Operation and Maintenance, Army

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

                    Operation and Maintenance, Navy

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

                Operation and Maintenance, Marine Corps

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

                  Operation and Maintenance, Air Force

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

                Operation and Maintenance, Defense-Wide

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

                Operation and Maintenance, Army Reserve

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

                Operation and Maintenance, Navy Reserve

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

            Operation and Maintenance, Marine Corps Reserve

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

              Operation and Maintenance, Air Force Reserve

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

             Operation and Maintenance, Army National Guard

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

             Operation and Maintenance, Air National Guard

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

                    Afghanistan Infrastructure Fund

                     (including transfer of funds)

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

                    Afghanistan Security Forces Fund

    For the ``Afghanistan Security Forces Fund'', 
$11,200,000,000, to remain available until September 30, 2013:  
Provided, That such funds shall be available to the Secretary 
of Defense, notwithstanding any other provision of law, for the 
purpose of allowing the Commander, Combined Security Transition 
Command--Afghanistan, or the Secretary's designee, to provide 
assistance, with the concurrence of the Secretary of State, to 
the security forces of Afghanistan, including the provision of 
equipment, supplies, services, training, facility and 
infrastructure repair, renovation, and construction, and 
funding:  Provided further, That the authority to provide 
assistance under this heading is in addition to any other 
authority to provide assistance to foreign nations:  Provided 
further, That contributions of funds for the purposes provided 
herein from any person, foreign government, or international 
organization may be credited to this Fund and used for such 
purposes:  Provided further, That the Secretary of Defense 
shall notify the congressional defense committees in writing 
upon the receipt and upon the obligation of any contribution, 
delineating the sources and amounts of the funds received and 
the specific use of such contributions:  Provided further, That 
the Secretary of Defense shall, not fewer than 15 days prior to 
obligating from this appropriation account, notify the 
congressional defense committees in writing of the details of 
any such obligation:  Provided further, That the Secretary of 
Defense shall notify the congressional defense committees of 
any proposed new projects or transfer of funds between budget 
sub-activity groups in excess of $20,000,000:  Provided 
further, That such amounts in this paragraph are designated by 
the Congress for Overseas Contingency Operations/Global War on 
Terrorism pursuant to section 251(b)(2)(A) of the Balanced 
Budget and Emergency Deficit Control Act of 1985.

                              PROCUREMENT

                       Aircraft Procurement, Army

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

                       Missile Procurement, Army

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

        Procurement of Weapons and Tracked Combat Vehicles, Army

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

                    Procurement of Ammunition, Army

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

                        Other Procurement, Army

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

                       Aircraft Procurement, Navy

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

                       Weapons Procurement, Navy

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

            Procurement of Ammunition, Navy and Marine Corps

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

                        Other Procurement, Navy

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

                       Procurement, Marine Corps

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

                    Aircraft Procurement, Air Force

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

                     Missile Procurement, Air Force

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

                  Procurement of Ammunition, Air Force

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

                      Other Procurement, Air Force

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

                       Procurement, Defense-Wide

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

                  National Guard and Reserve Equipment

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

              Mine Resistant Ambush Protected Vehicle Fund

                     (including transfer of funds)

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

               RESEARCH, DEVELOPMENT, TEST AND EVALUATION

            Research, Development, Test and Evaluation, Army

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

            Research, Development, Test and Evaluation, Navy

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

         Research, Development, Test and Evaluation, Air Force

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

        Research, Development, Test and Evaluation, Defense-Wide

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

                     REVOLVING AND MANAGEMENT FUNDS

                     Defense Working Capital Funds

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

                  OTHER DEPARTMENT OF DEFENSE PROGRAMS

                         Defense Health Program

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

         Drug Interdiction and Counter-Drug Activities, Defense

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

             Joint Improvised Explosive Device Defeat Fund

                     (including transfer of funds)

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

                    Office of the Inspector General

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

                     GENERAL PROVISIONS--THIS TITLE

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

                     (including transfer of funds)

    Sec. 9002.  Upon the determination of the Secretary of 
Defense that such action is necessary in the national interest, 
the Secretary may, with the approval of the Office of 
Management and Budget, transfer up to $4,000,000,000 between 
the appropriations or funds made available to the Department of 
Defense in this title:  Provided, That the Secretary shall 
notify the Congress promptly of each transfer made pursuant to 
the authority in this section:  Provided further, That the 
authority provided in this section is in addition to any other 
transfer authority available to the Department of Defense and 
is subject to the same terms and conditions as the authority 
provided in the Department of Defense Appropriations Act, 2012.
    Sec. 9003.  Supervision and administration costs associated 
with a construction project funded with appropriations 
available for operation and maintenance, ``Afghanistan 
Infrastructure Fund'', or the ``Afghanistan Security Forces 
Fund'' provided in this Act and executed in direct support of 
overseas contingency operations in Afghanistan, may be 
obligated at the time a construction contract is awarded:  
Provided, That for the purpose of this section, supervision and 
administration costs include all in-house Government costs.
    Sec. 9004.  From funds made available in this title, the 
Secretary of Defense may purchase for use by military and 
civilian employees of the Department of Defense in the U.S. 
Central Command area of responsibility: (a) passenger motor 
vehicles up to a limit of $75,000 per vehicle; and (b) heavy 
and light armored vehicles for the physical security of 
personnel or for force protection purposes up to a limit of 
$250,000 per vehicle, notwithstanding price or other 
limitations applicable to the purchase of passenger carrying 
vehicles.
    Sec. 9005.  Not to exceed $400,000,000 of the amount 
appropriated in this title under the heading ``Operation and 
Maintenance, Army'' may be used, notwithstanding any other 
provision of law, to fund the Commander's Emergency Response 
Program (CERP), for the purpose of enabling military commanders 
in Afghanistan to respond to urgent, small-scale, humanitarian 
relief and reconstruction requirements within their areas of 
responsibility:  Provided, That each project (including any 
ancillary or related elements in connection with such project) 
executed under this authority shall not exceed $20,000,000:  
Provided further, That not later than 45 days after the end of 
each fiscal year quarter, the Secretary of Defense shall submit 
to the congressional defense committees a report regarding the 
source of funds and the allocation and use of funds during that 
quarter that were made available pursuant to the authority 
provided in this section or under any other provision of law 
for the purposes described herein:  Provided further, That, not 
later than 30 days after the end of each month, the Army shall 
submit to the congressional defense committees monthly 
commitment, obligation, and expenditure data for the 
Commander's Emergency Response Program in Afghanistan:  
Provided further, That not less than 15 days before making 
funds available pursuant to the authority provided in this 
section or under any other provision of law for the purposes 
described herein for a project with a total anticipated cost 
for completion of $5,000,000 or more, the Secretary shall 
submit to the congressional defense committees a written notice 
containing each of the following:
            (1) The location, nature and purpose of the 
        proposed project, including how the project is intended 
        to advance the military campaign plan for the country 
        in which it is to be carried out.
            (2) The budget, implementation timeline with 
        milestones, and completion date for the proposed 
        project, including any other CERP funding that has been 
        or is anticipated to be contributed to the completion 
        of the project.
            (3) A plan for the sustainment of the proposed 
        project, including the agreement with either the host 
        nation, a non-Department of Defense agency of the 
        United States Government or a third-party contributor 
        to finance the sustainment of the activities and 
        maintenance of any equipment or facilities to be 
        provided through the proposed project.
    Sec. 9006.  Funds available to the Department of Defense 
for operation and maintenance may be used, notwithstanding any 
other provision of law, to provide supplies, services, 
transportation, including airlift and sealift, and other 
logistical support to coalition forces supporting military and 
stability operations in Iraq and Afghanistan:  Provided, That 
the Secretary of Defense shall provide quarterly reports to the 
congressional defense committees regarding support provided 
under this section.
    Sec. 9007.  None of the funds appropriated or otherwise 
made available by this or any other Act shall be obligated or 
expended by the United States Government for a purpose as 
follows:
            (1) To establish any military installation or base 
        for the purpose of providing for the permanent 
        stationing of United States Armed Forces in Iraq.
            (2) To exercise United States control over any oil 
        resource of Iraq.
            (3) To establish any military installation or base 
        for the purpose of providing for the permanent 
        stationing of United States Armed Forces in 
        Afghanistan.
    Sec. 9008.  None of the funds made available in this Act 
may be used in contravention of the following laws enacted or 
regulations promulgated to implement the United Nations 
Convention Against Torture and Other Cruel, Inhuman or 
Degrading Treatment or Punishment (done at New York on December 
10, 1984):
            (1) Section 2340A of title 18, United States Code.
            (2) Section 2242 of the Foreign Affairs Reform and 
        Restructuring Act of 1998 (division G of Public Law 
        105-277; 112 Stat. 2681-822; 8 U.S.C. 1231 note) and 
        regulations prescribed thereto, including regulations 
        under part 208 of title 8, Code of Federal Regulations, 
        and part 95 of title 22, Code of Federal Regulations.
            (3) Sections 1002 and 1003 of the Department of 
        Defense, Emergency Supplemental Appropriations to 
        Address Hurricanes in the Gulf of Mexico, and Pandemic 
        Influenza Act, 2006 (Public Law 109-148).
    Sec. 9009.  None of the funds provided for the 
``Afghanistan Security Forces Fund'' (ASFF) may be obligated 
prior to the approval of a financial and activity plan by the 
Afghanistan Resources Oversight Council (AROC) of the 
Department of Defense:  Provided, That the AROC must approve 
the requirement and acquisition plan for any service 
requirements in excess of $50,000,000 annually and any non-
standard equipment requirements in excess of $100,000,000 using 
ASFF:  Provided further, That the AROC must approve all 
projects and the execution plan under the ``Afghanistan 
Infrastructure Fund'' (AIF) and any project in excess of 
$5,000,000 from the Commanders Emergency Response Program 
(CERP):  Provided further, That the Department of Defense must 
certify to the congressional defense committees that the AROC 
has convened and approved a process for ensuring compliance 
with the requirements in the preceding provisos and 
accompanying report language for the ASFF, AIF, and CERP.
    Sec. 9010. (a) Funding for Outreach and Reintegration 
Services Under Yellow Ribbon Reintegration Program.--Of the 
amounts appropriated or otherwise made available by title IX, 
up to $20,000,000 may be available for outreach and 
reintegration services under the Yellow Ribbon Reintegration 
Program under section 582(h) of the National Defense 
Authorization Act for Fiscal Year 2008 (Public Law 110-181; 122 
Stat. 125; 10 U.S.C. 10101 note).
    (b) Supplement Not Supplant.--The amount made available by 
subsection (a) for the services described in that subsection is 
in addition to any other amounts available in this Act for such 
services.
    Sec. 9011.  Funds made available in this title to the 
Department of Defense for operation and maintenance may be used 
to purchase items having an investment unit cost of not more 
than $250,000:  Provided, That, upon determination by the 
Secretary of Defense that such action is necessary to meet the 
operational requirements of a Commander of a Combatant Command 
engaged in contingency operations overseas, such funds may be 
used to purchase items having an investment item unit cost of 
not more than $500,000.
    Sec. 9012.  Notwithstanding any other provision of law, up 
to $150,000,000 of funds made available in this title under the 
heading ``Operation and Maintenance, Army'' may be obligated 
and expended for purposes of the Task Force for Business and 
Stability Operations, subject to the direction and control of 
the Secretary of Defense, with concurrence of the Secretary of 
State, to carry out strategic business and economic assistance 
activities in Afghanistan in support of Operation Enduring 
Freedom:  Provided, That not less than 15 days before making 
funds available pursuant to the authority provided in this 
section for any project with a total anticipated cost of 
$5,000,000 or more, the Secretary shall submit to the 
congressional defense committees a written notice containing a 
detailed justification and timeline for each proposed project.
    Sec. 9013.  From funds made available to the Department of 
Defense in this title under the heading ``Operation and 
Maintenance, Air Force'' up to $524,000,000 may be used by the 
Secretary of Defense, notwithstanding any other provision of 
law, to support United States Government transition activities 
in Iraq by funding the operations and activities of the Office 
of Security Cooperation in Iraq and security assistance teams, 
including life support, transportation and personal security, 
and facilities renovation and construction:  Provided, That not 
less than 15 days before making funds available pursuant to the 
authority provided in this section, the Secretary shall submit 
to the congressional defense committees a written notice 
containing a detailed justification and timeline for each 
proposed site.
    Sec. 9014.  The amounts appropriated in title IX of this 
Act are hereby reduced by $4,042,500,000 to reflect reduced 
troop strength in theater:  Provided, That the reductions shall 
be applied to the military personnel and operation and 
maintenance appropriations only:  Provided further, That the 
Secretary of Defense shall, not fewer than 15 days prior to 
reducing funds for this purpose, notify the congressional 
defense committees in writing of the details of any such 
reduction by appropriation and budget line item.
    Sec. 9015.  Of the funds appropriated in Department of 
Defense Appropriations Acts, the following funds are hereby 
rescinded from the following accounts and programs in the 
specified amounts:  Provided, That such amounts are designated 
by the Congress for Overseas Contingency Operations/Global War 
on Terrorism pursuant to section 251(b)(2)(A) of the Balanced 
Budget and Emergency Deficit Control Act of 1985:
            ``Overseas Contingency Operations Transfer Fund, 
        2010'', $356,810,000;
            ``Procurement of Ammunition, Army, 2010/2012'', 
        $21,000,000;
            ``Other Procurement, Air Force, 2010/2012'', 
        $2,250,000.
            This division may be cited as the ``Department of 
        Defense Appropriations Act, 2012''.

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

                                TITLE I

                       CORPS OF ENGINEERS--CIVIL

                         DEPARTMENT OF THE ARMY

                       Corps of Engineers--civil

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

                             investigations

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

                              construction

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

                   mississippi river and tributaries

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

                       operation and maintenance

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

                           regulatory program

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

            formerly utilized sites remedial action program

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

                 flood control and coastal emergencies

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

                                expenses

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

     office of the assistant secretary of the army for civil works

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

                        administrative provision

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

             general provisions--corps of engineers--civil

                     (including transfers of funds)

    Sec. 101. (a) None of the funds provided in title I of this 
Act, or provided by previous appropriations Acts to the 
agencies or entities funded in title I of this Act that remain 
available for obligation or expenditure in fiscal year 2012, 
shall be available for obligation or expenditure through a 
reprogramming of funds that:
            (1) creates or initiates a new program, project, or 
        activity;
            (2) eliminates a program, project, or activity;
            (3) increases funds or personnel for any program, 
        project, or activity for which funds have been denied 
        or restricted by this Act, unless prior approval is 
        received from the House and Senate Committees on 
        Appropriations;
            (4) proposes to use funds directed for a specific 
        activity for a different purpose, unless prior approval 
        is received from the House and Senate Committees on 
        Appropriations;
            (5) augments or reduces existing programs, projects 
        or activities in excess of the amounts contained in 
        subsections 6 through 10, unless prior approval is 
        received from the House and Senate Committees on 
        Appropriations;
            (6) Investigations.--For a base level over 
        $100,000, reprogramming of 25 percent of the base 
        amount up to a limit of $150,000 per project, study or 
        activity is allowed:  Provided, That for a base level 
        less than $100,000, the reprogramming limit is $25,000: 
         Provided further, That up to $25,000 may be 
        reprogrammed into any continuing study or activity that 
        did not receive an appropriation for existing 
        obligations and concomitant administrative expenses;
            (7) Construction.--For a base level over 
        $2,000,000, reprogramming of 15 percent of the base 
        amount up to a limit of $3,000,000 per project, study 
        or activity is allowed:  Provided, That for a base 
        level less than $2,000,000, the reprogramming limit is 
        $300,000:  Provided further, That up to $3,000,000 may 
        be reprogrammed for settled contractor claims, changed 
        conditions, or real estate deficiency judgments:  
        Provided further, That up to $300,000 may be 
        reprogrammed into any continuing study or activity that 
        did not receive an appropriation for existing 
        obligations and concomitant administrative expenses;
            (8) Operation and maintenance.--Unlimited 
        reprogramming authority is granted in order for the 
        Corps to be able to respond to emergencies:  Provided, 
        That the Chief of Engineers must notify the House and 
        Senate Committees on Appropriations of these emergency 
        actions as soon thereafter as practicable:  Provided 
        further, That for a base level over $1,000,000, 
        reprogramming of 15 percent of the base amount a limit 
        of $5,000,000 per project, study or activity is 
        allowed:  Provided further, That for a base level less 
        than $1,000,000, the reprogramming limit is $150,000:  
        Provided further, That $150,000 may be reprogrammed 
        into any continuing study or activity that did not 
        receive an appropriation;
            (9) Mississippi river and tributaries.--The same 
        reprogramming guidelines for the Investigations, 
        Construction, and Operation and Maintenance portions of 
        the Mississippi River and Tributaries Account as listed 
        above; and
            (10) Formerly utilized sites remedial action 
        program.--Reprogramming of up to 15 percent of the base 
        of the receiving project is permitted.
    (b) De Minimus Reprogrammings.--In no case should a 
reprogramming for less than $50,000 be submitted to the House 
and Senate Committees on Appropriations.
    (c) Continuing Authorities Program.--Subsection (a)(1) 
shall not apply to any project or activity funded under the 
continuing authorities program.
    (d) Not later than 60 days after the date of enactment of 
this Act, the Corps of Engineers shall submit a report to the 
House and Senate Committees on Appropriations to establish the 
baseline for application of reprogramming and transfer 
authorities for the current fiscal year:  Provided, That the 
report shall include:
            (1) A table for each appropriation with a separate 
        column to display the President's budget request, 
        adjustments made by Congress, adjustments due to 
        enacted rescissions, if appropriate, and the fiscal 
        year enacted level;
            (2) A delineation in the table for each 
        appropriation both by object class and program, project 
        and activity as detailed in the budget appendix for the 
        respective appropriations; and
            (3) An identification of items of special 
        congressional interest.
    Sec. 102.  None of the funds made available in this title 
may be used to award or modify any contract that commits funds 
beyond the amounts appropriated for that program, project, or 
activity that remain unobligated, except that such amounts may 
include any funds that have been made available through 
reprogramming pursuant to section 101.
    Sec. 103.  None of the funds in this Act, or previous Acts, 
making funds available for Energy and Water Development, shall 
be used to award any continuing contract that commits 
additional funding from the Inland Waterways Trust Fund unless 
or until such time that a long-term mechanism to enhance 
revenues in this Fund sufficient to meet the cost-sharing 
authorized in the Water Resources Development Act of 1986 
(Public Law 99-662) is enacted.
    Sec. 104.  Within 120 days of the date of the Chief of 
Engineers Report on a water resource matter, the Assistant 
Secretary of the Army (Civil Works) shall submit the report to 
the appropriate authorizing and appropriating committees of the 
Congress.
    Sec. 105.  During the fiscal year period covered by this 
Act, the Secretary of the Army is authorized to implement 
measures recommended in the efficacy study authorized under 
section 3061 of the Water Resources Development Act of 2007 
(121 Stat. 1121) or in interim reports, with such modifications 
or emergency measures as the Secretary of the Army determines 
to be appropriate, to prevent aquatic nuisance species from 
dispersing into the Great Lakes by way of any hydrologic 
connection between the Great Lakes and the Mississippi River 
Basin.
    Sec. 106.  The Secretary is authorized to transfer to 
``Corps of Engineers--Civil--Construction'' up to $100,000,000 
of the funds provided for reinforcing or replacing flood walls 
under the heading ``Corps of Engineers--Civil--Flood Control 
and Coastal Emergencies'' in Public Law 109-234 and Public Law 
110-252 and up to $75,000,000 of the funds provided for 
projects and measures for the West Bank and Vicinity and Lake 
Ponchartrain and Vicinity projects under the heading ``Corps of 
Engineers--Civil--Flood Control and Coastal Emergencies'' in 
Public Law 110-28, to be used with funds provided for the West 
Bank and Vicinity project under the heading ``Corps of 
Engineers--Civil--Construction'' in Public Law 110-252 and 
Public Law 110-329, consistent with 65 percent Federal and 35 
percent non-Federal cost share and the financing of, and 
payment terms for, the non-Federal cash contribution associated 
with the West Bank and Vicinity project.
    Sec. 107.  The Secretary of the Army may transfer to the 
Fish and Wildlife Service, and the Fish and Wildlife Service 
may accept and expend, up to $3,800,000 of funds provided in 
this title under the heading ``Operation and Maintenance'' to 
mitigate for fisheries lost due to Corps of Engineers projects.
    Sec. 108.  The Secretary of the Army may authorize a member 
of the Armed Forces under the Secretary's jurisdiction and 
employees of the Department of the Army to serve without 
compensation as director, officer, or otherwise in the 
management of the organization established to support and 
maintain the participation of the United States in the 
permanent international commission of the congresses of 
navigation, or any successor entity.
    Sec. 109. (a) Acquisition.--The Secretary is authorized to 
acquire any real property and associated real property 
interests in the vicinity of Hanover, New Hampshire as may be 
needed for the Engineer Research and Development Center 
laboratory facilities at the Cold Regions Research and 
Engineering Laboratory. This real property to be acquired 
consists of 18.5 acres more or less, identified as Tracts 101-1 
and 101-2, together with all necessary easements located 
entirely within the Town of Hanover, New Hampshire. The real 
property is generally bounded to the east by state route 10-
Lyme Road, to the north by the vacant property of the Trustees 
of the Dartmouth College, to the south by Fletcher Circle 
graduate student housing owned by the Trustees of Dartmouth 
College, and to the west by approximately 9 acres of real 
property acquired in fee through condemnation in 1981 by the 
Secretary of the Army.
    (b) Revolving Fund.--The Secretary is authorized to use the 
Revolving Fund (33 U.S.C. 576) through the Plant Replacement 
and Improvement Program to acquire the real property and 
associated real property interests in subsection (a). The 
Secretary shall ensure that the Revolving Fund is appropriately 
reimbursed from the benefitting appropriations.
    (c) Right of First Refusal.--The Secretary may provide the 
Seller of any real property and associated property interests 
identified in subsection (a)--
            (1) a right of first refusal to acquire such 
        property, or any portion thereof, in the event the 
        property, or any portion thereof, is no longer needed 
        by the Department of the Army.
            (2) a right of first refusal to acquire any real 
        property or associated real property interests acquired 
        by condemnation in Civil Action No. 81-360-L, in the 
        event the property, or any portion thereof, is no 
        longer needed by the Department of the Army.
            (3) the purchase of any property by the Seller 
        exercising either right of first refusal authorized in 
        this section shall be for consideration acceptable to 
        the Secretary and shall be for not less than fair 
        market value at the time the property becomes available 
        for purchase. The right of first refusal authorized in 
        this section shall not inure to the benefit of the 
        Sellers successors or assigns.
    (d) Disposal.--The Secretary of the Army is authorized to 
dispose of any property or associated real property interests 
that are subject to the exercise of the right of first refusal 
as set forth herein.
    Sec. 110.  None of the funds made available in this Act may 
be used by the Corps of Engineers to relocate, or study the 
relocation of, any regional division headquarters of the Corps 
located at a military installation or any permanent employees 
of such headquarters.
    Sec. 111. (a) Section 5 of the Act entitled ``An Act 
authorizing the construction of certain public works on rivers 
and harbors for flood control, and for other purposes,'' 
approved June 22, 1936, (33 U.S.C. 701h), is amended by--
            (1) inserting ``for work, which includes planning 
        and design,'' before ``to be expended'';
            (2) striking ``flood control or environmental 
        restoration work'' and inserting ``water resources 
        development study or project''; and
            (3) inserting ``: Provided further, That the term 
        `States' means the several States, the District of 
        Columbia, the commonwealths, territories, and 
        possessions of the United States, and Federally 
        recognized Indian tribes'' before the period.
    (b) The Secretary shall notify the appropriate committees 
of Congress prior to initiation of negotiations for accepting 
contributed funds under 33 U.S.C. 701h.
    Sec. 112.  With respect to the property covered by the deed 
described in Auditor's instrument No. 2006-014428 of Benton 
County, Washington, approximately 1.5 acres, the following deed 
restrictions are hereby extinguished and of no further force 
and effect:
            (1) The reversionary interest and use restrictions 
        related to port and industrial purposes;
            (2) The right for the District Engineer to review 
        all pre-construction plans and/or specifications 
        pertaining to construction and/or maintenance of any 
        structure intended for human habitation, if the 
        elevation of the property is above the standard project 
        flood elevation; and
            (3) The right of the District Engineer to object 
        to, and thereby prevent, in his/her discretion, such 
        activity.
    Sec. 113.  That portion of the project for navigation, 
Block Island Harbor of Refuge, Rhode Island adopted by the 
Rivers and Harbors Act of July 11, 1870, consisting of the cut-
stone breakwater lining the west side of the Inner Basin; 
beginning at a point with coordinates N32579.55, E312625.53, 
thence running northerly about 76.59 feet to a point with 
coordinates N32655.92, E312631.32, thence running northerly 
about 206.81 feet to a point with coordinates N32858.33, 
E312673.74, thence running easterly about 109.00 feet to a 
point with coordinates N32832.15, E312779.54, shall no longer 
be authorized after the date of enactment.
    Sec. 114.  The Secretary of the Army, acting through the 
Chief of Engineers, is authorized, using amounts available in 
the Revolving Fund established by section 101 of the Act of 
July 27, 1953, chap. 245 (33 U.S.C. 576), to construct a 
Consolidated Infrastructure Research Equipment Facility, an 
Environmental Processes and Risk Lab, a Hydraulic Research 
Facility, an Engineer Research and Development Center 
headquarters building, a Modular Hydraulic Flume building, and 
to purchase real estate, perform construction, and make 
facility, utility, street, road, and infrastructure 
improvements to the Engineer Research and Development Center's 
installations and facilities. The Secretary shall ensure that 
the Revolving Fund is appropriately reimbursed from the 
benefitting appropriations.
    Sec. 115.  Section 1148 of the Water Resources Development 
Act of 1986 (100 Stat. 4254; 110 Stat. 3718; 114 Stat. 2609) is 
amended by striking subsection (b) and inserting the following:
    ``(b) Disposition of Acquired Land.--The Secretary may 
transfer land acquired under this section to the non-Federal 
sponsor by quitclaim deed subject to such terms and conditions 
as the Secretary determines to be in the public interest.''.
    Sec. 116.  The New London Disposal Site and the Cornfield 
Shoals Disposal Site in Long Island Sound selected by the 
Department of the Army as alternative dredged material disposal 
sites under section 103(b) of the Marine Protection, Research, 
and Sanctuaries Act of 1972, as amended, shall remain open for 
5 years after enactment of this Act to allow for completion of 
a Supplemental Environmental Impact Statement to support final 
designation of an Ocean Dredged Material Disposal Site in 
eastern Long Island Sound under section 102(c) of the Marine 
Protection, Research, and Sanctuaries Act of 1972.
    Sec. 117. (a) That portion of the project for navigation, 
Newport Harbor, Rhode Island adopted by the Rivers and Harbors 
Acts of March 2, 1907 (34 Stat. 1075); June 25, 1910 (36 Stat. 
632); August 26, 1937 (50 Stat. 845); and, modified by the 
Consolidated Appropriations Act, 2000, Public Law 106-113, 
appendix E, title II, section 221 (113 Stat. 1501A-298); 
consisting of a 13-foot anchorage, an 18-foot anchorage, a 21-
foot channel, and 18-foot channels described by the following 
shall no longer be authorized after the date of enactment of 
this Act: the 21-Foot Entrance Channel, beginning at a point 
(1) with coordinates 374986.03, 150611.01; thence running south 
46 degrees 54 minutes 30.7 seconds east 900.01 feet to a point 
(2) with coordinates 375643.27, 149996.16; thence running south 
8 degrees 4 minutes 58.3 east 2,376.87 feet to a point (3) with 
coordinates 375977.47, 147643.00; thence running south 4 
degrees 28 minutes 20.4 seconds west 738.56 feet to a point (4) 
with coordinates 375919.88, 146906.60; thence running south 6 
degrees 2 minutes 42.4 seconds east 1,144.00 feet to a point 
(5) with coordinates 376040.35, 145768.96; thence running south 
34 degrees 5 minutes 51.7 seconds west 707.11 feet to a point 
(6) with coordinates 375643.94, 145183.41; thence running south 
73 degrees 11 minutes 42.9 seconds west 1,300.00 feet to the 
end point (7) with coordinates 374399.46, 144807.57; Returning 
at a point with coordinates (8) with coordinates 374500.64, 
144472.51; thence running north 73 degrees 11 minutes 42.9 
seconds east 1,582.85 feet to a point (9) with coordinates 
376015.90, 144930.13; thence running north 34 degrees 5 minutes 
51.7 seconds east 615.54 feet to a point (10) with coordinates 
376360.97, 145439.85; thence running north 2 degrees 10 minutes 
43.3 seconds west 2,236.21 feet to a point (11) with 
coordinates 376275.96, 147674.45; thence running north 8 
degrees 4 minutes 55.6 seconds west 2,652.83 feet to a point 
(12) with coordinates 375902.99, 150300.93; thence running 
north 46 degrees 54 minutes 30.7 seconds west 881.47 feet to an 
end point (13) with coordinates 375259.29, 150903.12; and the 
18-Foot South Goat Island Channel beginning at a point (14) 
with coordinates 375509.09, 149444.83; thence running south 25 
degrees 44 minutes 0.5 second east 430.71 feet to a point (15) 
with coordinates 375696.10, 149056.84; thence running south 10 
degrees 13 minutes 27.4 seconds east 1,540.89 feet to a point 
(16) with coordinates 375969.61, 147540.41; thence running 
south 4 degrees 29 minutes 11.3 seconds west 1,662.92 feet to a 
point (17) with coordinates 375839.53, 145882.59; thence 
running south 34 degrees 5 minutes 51.7 seconds west 547.37 
feet to a point (18) with coordinates 375532.67, 145429.32; 
thence running south 86 degrees 47 minutes 37.7 seconds west 
600.01 feet to an end point (19) with coordinates 374933.60, 
145395.76; and the 18-Foot Entrance Channel beginning at a 
point (20) with coordinates 374567.14, 144252.33; thence 
running north 73 degrees 11 minutes 42.9 seconds east 1,899.22 
feet to a point (21) with coordinates 376385.26, 144801.42; 
thence running north 2 degrees 10 minutes 41.5 seconds west 
638.89 feet to an end point (10) with coordinates 376360.97, 
145439.85; and the 18-Foot South Anchorage beginning at a point 
(22) with coordinates 376286.81, 147389.37; thence running 
north 78 degrees 56 minutes 15.6 seconds east 404.86 feet to a 
point (23) with coordinates 376684.14, 147467.05; thence 
running north 78 degrees 56 minutes 15.6 seconds east 1,444.33 
feet to a point (24) with coordinates 378101.63, 147744.18; 
thence running south 5 degrees 18 minutes 43.8 seconds west 
1,228.20 feet to a point (25) with coordinates 377987.92, 
146521.26; thence running south 3 degrees 50 minutes 3.4 
seconds east 577.84 feet to a point (26) with coordinates 
378026.56, 145944.71; thence running south 44 degrees 32 
minutes 14.7 seconds west 2,314.09 feet to a point (27) with 
coordinates 376403.52, 144295.24 thence running south 60 
degrees 5 minutes 58.2 seconds west 255.02 feet to an end point 
(28) with coordinates 376182.45, 144168.12; and the 13-Foot 
Anchorage beginning at a point (29) with coordinates 376363.39, 
143666.99; thence running north 63 degrees 34 minutes 19.3 
seconds east 1,962.37 feet to a point (30) with coordinates 
378120.68, 144540.38; thence running north 3 degrees 50 minutes 
3.1 seconds west 1,407.47 feet to an end point (26) with 
coordinates 378026.56, 145944.71; and the 18-Foot East Channel 
beginning at a point (23) with coordinates 376684.14, 
147467.05; thence running north 2 degrees 10 minutes 43.3 
seconds west 262.95 feet to a point (31) with coordinates 
376674.14, 147729.81; thence running north 9 degrees 42 minutes 
20.3 seconds west 301.35 feet to a point (32) with coordinates 
376623.34, 148026.85; thence running south 80 degrees 17 
minutes 42.4 seconds west 313.6 feet to a point (33) with 
coordinates 376314.23, 147973.99; thence running north 7 
degrees 47 minutes 21.9 seconds west 776.24 feet to an end 
point (34) with coordinates 376209.02, 148743.06; and the 18-
Foot North Anchorage beginning at a point (35) with coordinates 
376123.98, 148744.69; thence running south 88 degrees 54 
minutes 16.2 seconds east 377.90 feet to a point (36) with 
coordinates 376501.82, 148737.47; thence running north 9 
degrees 42 minutes 19.0 seconds west 500.01 feet to a point 
(37) with coordinates 376417.52, 149230.32; thence running 
north 6 degrees 9 minutes 53.2 seconds west 1,300.01 feet to an 
end point (38) with coordinates 376277.92, 150522.81.
    (b) The area described by the following shall be 
redesignated as an eighteen-foot channel and turning basin: 
Beginning at a point (1) with coordinates N144759.41, 
E374413.16; thence running north 73 degrees 11 minutes 42.9 
seconds east 1,252.88 feet to a point (2) with coordinates 
N145121.63, E375612.53; thence running north 26 degrees 29 
minutes 48.1 seconds east 778.89 feet to a point (3) with 
coordinates N145818.71, E375960.04; thence running north 0 
degrees 3 minutes 38.1 seconds west 1,200.24 feet to a point 
(4) with coordinates N147018.94, E375958.77; thence running 
north 2 degrees 22 minutes 45.2 seconds east 854.35 feet to a 
point (5) with coordinates N147872.56, E375994.23; thence 
running north 7 degrees 47 minutes 21.9 seconds west 753.83 
feet to a point (6) with coordinates N148619.44, E375892.06; 
thence running north 88 degrees 46 minutes 16.7 seconds east 
281.85 feet to a point (7) with coordinates N148625.48, 
E376173.85; thence running south 7 degrees 47 minutes 21.9 
seconds east 716.4 feet to a point (8) with coordinates 
N147915.69, E376270.94; thence running north 80 degrees 17 
minutes 42.3 seconds east 315.3 feet to a point (9) with 
coordinates N147968.85, E.76581.73; thence running south 9 
degrees 42 minutes 20.3 seconds east 248.07 feet to a point 
(10) with coordinates N147724.33, E376623.55; thence running 
south 2 degrees 10 minutes 43.3 seconds east 318.09 feet to a 
point (11) with coordinates N147406.47, E376635.64; thence 
running north 78 degrees 56 minutes 15.6 seconds east 571.11 
feet to a point (12) with coordinates N147516.06, E377196.15; 
thence running south 88 degrees 57 minutes 2.3 seconds east 
755.09 feet to a point (13) with coordinates N147502.23, 
E377951.11; thence running south 1 degree 2 minutes 57.7 
seconds west 100.00 feet to a point (14) with coordinates 
N147402.25, E377949.28; thence running north 88 degrees 57 
minutes 2.3 seconds west 744.48 feet to a point (15) with 
coordinates N147415.88, E377204.92; thence running south 78 
degrees 56 minutes 15.6 seconds west 931.17 feet to a point 
(16) with coordinates N147237.21, E376291.06; thence running 
south 39 degrees 26 minutes 18.7 seconds west 208.34 feet to a 
point (17) with coordinates N147076.31, E376158.71; thence 
running south 0 degrees 3 minutes 38.1 seconds east 1,528.26 
feet to a point (18) with coordinates N145548.05, E376160.32; 
thence running south 26 degrees 29 minutes 48.1 seconds west 
686.83 feet to a point (19) with coordinates N144933.37, 
E375853.90; thence running south 73 degrees 11 minutes 42.9 
seconds west 1,429.51 feet to end at a point (20) with 
coordinates N144520.08, E374485.44.
    Sec. 118.  None of the funds made available to the Corps of 
Engineers by this Act may be used for the removal or associated 
mitigation of Federal Energy Regulatory Commission Project 
number 2342.
    Sec. 119.  None of the funds made available by this Act may 
be used for the study of the Missouri River Projects authorized 
in section 108 of the Energy and Water Development and Related 
Agencies Appropriations Act, 2009 (division C of Public Law 
111-8).
    Sec. 120.  None of the funds made available in this Act may 
be used to continue the study conducted by the Army Corps of 
Engineers pursuant to section 5018(a)(1) of the Water Resources 
Development Act of 2007.

                                TITLE II

                       DEPARTMENT OF THE INTERIOR

                          Central Utah Project

                central utah project completion account

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

                         Bureau of Reclamation

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

                      water and related resources

                     (including transfers of funds)

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

                central valley project restoration fund

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

                    california bay-delta restoration

                     (including transfers of funds)

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

                       policy and administration

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

                        administrative provision

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

             GENERAL PROVISIONS--DEPARTMENT OF THE INTERIOR

    Sec. 201. (a) None of the funds provided in title II of 
this Act for Water and Related Resources, or provided by 
previous appropriations Acts to the agencies or entities funded 
in title II of this Act for Water and Related Resources that 
remain available for obligation or expenditure in fiscal year 
2012, shall be available for obligation or expenditure through 
a reprogramming of funds that--
            (1) initiates or creates a new program, project, or 
        activity;
            (2) eliminates a program, project, or activity;
            (3) increases funds for any program, project, or 
        activity for which funds have been denied or restricted 
        by this Act, unless prior approval is received from the 
        Committees on Appropriations of the House of 
        Representatives and the Senate;
            (4) restarts or resumes any program, project or 
        activity for which funds are not provided in this Act, 
        unless prior approval is received from the Committees 
        on Appropriations of the House of Representatives and 
        the Senate;
            (5) transfers funds in excess of the following 
        limits, unless prior approval is received from the 
        Committees on Appropriations of the House of 
        Representatives and the Senate:
                    (A) 15 percent for any program, project or 
                activity for which $2,000,000 or more is 
                available at the beginning of the fiscal year; 
                or
                    (B) $300,000 for any program, project or 
                activity for which less than $2,000,000 is 
                available at the beginning of the fiscal year;
            (6) transfers more than $500,000 from either the 
        Facilities Operation, Maintenance, and Rehabilitation 
        category or the Resources Management and Development 
        category to any program, project, or activity in the 
        other category, unless prior approval is received from 
        the Committees on Appropriations of the House of 
        Representatives and the Senate; or
            (7) transfers, where necessary to discharge legal 
        obligations of the Bureau of Reclamation, more than 
        $5,000,000 to provide adequate funds for settled 
        contractor claims, increased contractor earnings due to 
        accelerated rates of operations, and real estate 
        deficiency judgments, unless prior approval is received 
        from the Committees on Appropriations of the House of 
        Representatives and the Senate.
    (b) Subsection (a)(5) shall not apply to any transfer of 
funds within the Facilities Operation, Maintenance, and 
Rehabilitation category.
    (c) For purposes of this section, the term ``transfer'' 
means any movement of funds into or out of a program, project, 
or activity.
    (d) The Bureau of Reclamation shall submit reports on a 
quarterly basis to the Committees on Appropriations of the 
House of Representatives and the Senate detailing all the funds 
reprogrammed between programs, projects, activities, or 
categories of funding. The first quarterly report shall be 
submitted not later than 60 days after the date of enactment of 
this Act.
    Sec. 202. (a) None of the funds appropriated or otherwise 
made available by this Act may be used to determine the final 
point of discharge for the interceptor drain for the San Luis 
Unit until development by the Secretary of the Interior and the 
State of California of a plan, which shall conform to the water 
quality standards of the State of California as approved by the 
Administrator of the Environmental Protection Agency, to 
minimize any detrimental effect of the San Luis drainage 
waters.
    (b) The costs of the Kesterson Reservoir Cleanup Program 
and the costs of the San Joaquin Valley Drainage Program shall 
be classified by the Secretary of the Interior as reimbursable 
or nonreimbursable and collected until fully repaid pursuant to 
the ``Cleanup Program-Alternative Repayment Plan'' and the 
``SJVDP-Alternative Repayment Plan'' described in the report 
entitled ``Repayment Report, Kesterson Reservoir Cleanup 
Program and San Joaquin Valley Drainage Program, February 
1995'', prepared by the Department of the Interior, Bureau of 
Reclamation. Any future obligations of funds by the United 
States relating to, or providing for, drainage service or 
drainage studies for the San Luis Unit shall be fully 
reimbursable by San Luis Unit beneficiaries of such service or 
studies pursuant to Federal reclamation law.
    Sec. 203.  Section 529(b)(3) of Public Law 106-541, as 
amended by section 115 of Public Law 109-103, is further 
amended by striking ``$20,000,000'' and inserting 
``$30,000,000'' in lieu thereof.
    Sec. 204.  Section 8 of the Water Desalination Act of 1996 
(42 U.S.C. 10301 note; Public Law 104-298) is amended--
            (1) in subsection (a), in the first sentence, by 
        striking ``2011'' and inserting ``2013''; and
            (2) in subsection (b), by striking ``$25,000,000 
        for fiscal years 1997 through 2011'' and inserting 
        ``$3,000,000 for each of fiscal years 2012 through 
        2013''.
    Sec. 205.  The Federal policy for addressing California's 
water supply and environmental issues related to the Bay-Delta 
shall be consistent with State law, including the co-equal 
goals of providing a more reliable water supply for the State 
of California and protecting, restoring, and enhancing the 
Delta ecosystem. The Secretary of the Interior, the Secretary 
of Commerce, the Army Corps of Engineers and the Environmental 
Protection Agency Administrator shall jointly coordinate the 
efforts of the relevant agencies and work with the State of 
California and other stakeholders to complete and issue the Bay 
Delta Conservation Plan Final Environmental Impact Statement no 
later than February 15, 2013. Nothing herein modifies existing 
requirements of Federal law.
    Sec. 206.  The Secretary of the Interior may participate in 
non-Federal groundwater banking programs to increase the 
operational flexibility, reliability, and efficient use of 
water in the State of California, and this participation may 
include making payment for the storage of Central Valley 
Project water supplies, the purchase of stored water, the 
purchase of shares or an interest in ground banking facilities, 
or the use of Central Valley Project water as a medium of 
payment for groundwater banking services:  Provided, That the 
Secretary of the Interior shall participate in groundwater 
banking programs only to the extent allowed under State law and 
consistent with water rights applicable to the Central Valley 
Project:  Provided further, That any water user to which banked 
water is delivered shall pay for such water in the same manner 
provided by that water user's then-current Central Valley 
Project water service, repayment, or water rights settlement 
contract at the rate provided by the then-current Central-
Valley Project Irrigation or Municipal and Industrial Rate 
Setting Policies; and:  Provided further, That in implementing 
this section, the Secretary of the Interior shall comply with 
applicable environmental laws, including the National 
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and 
the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) 
Nothing herein shall alter or limit the Secretary's existing 
authority to use groundwater banking to meet existing fish and 
wildlife obligations.
    Sec. 207. (a) Subject to compliance with all applicable 
Federal and State laws, a transfer of irrigation water among 
Central Valley Project contractors from the Friant, San Felipe, 
West San Joaquin, and Delta divisions, and a transfer from a 
long-term Friant Division water service or repayment contractor 
to a temporary or prior temporary service contractors within 
the place of use in existence on the date of the transfer, as 
identified in the Bureau of Reclamation water rights permits 
for the Friant Division, shall be considered to meet the 
conditions described in subparagraphs (A) and (I) of section 
3405(a)(1) of the Reclamation Projects Authorization and 
Adjustment Act of 1992 (Public Law 102-575; 106 Stat. 4709).
    (b) The Secretary of the Interior, acting through the 
Director of the United States Fish and Wildlife Service and the 
Commissioner of the Bureau of Reclamation shall initiate and 
complete, on the most expedited basis practicable, programmatic 
environmental compliance so as to facilitate voluntary water 
transfers within the Central Valley Project, consistent with 
all applicable Federal and State law.
    (c) Not later than 180 days after the date of enactment of 
this Act and each of the 4 years thereafter, the Commissioner 
of the Bureau of Reclamation shall submit to the committee on 
Appropriations of the House of Representatives and the 
Committee on Appropriations of the Senate a report that 
describes the status of efforts to help facilitate and improve 
the water transfers within the Central Valley Project and water 
transfers between the Central Valley Project and other water 
projects in the State of California; evaluates potential 
effects of this Act on Federal programs, Indian tribes, Central 
Valley Project operations, the environment, groundwater 
aquifers, refuges, and communities; and provides 
recommendations on ways to facilitate and improve the process 
for these transfers.
    Sec. 208. (a) Permitted Uses.--Section 2507(b) of the Farm 
Security and Rural Investment Act of 2002 (43 U.S.C. 2211 note; 
Public Law 107-171) is amended--
            (1) in the matter preceding paragraph (1), by 
        striking ``In any case in which there are willing 
        sellers'' and inserting ``For the benefit of at-risk 
        natural desert terminal lakes and associated riparian 
        and watershed resources, in any case in which there are 
        willing sellers or willing participants'';
            (2) in paragraph (2), by striking ``in the Walker 
        River'' and all that follows through ``119 Stat. 
        2268)''; and
            (3) in paragraph (3), by striking ``in the Walker 
        River Basin''.
    (b) Walker Basin Restoration Program.--Section 208(b) of 
the Energy and Water Development and Related Agencies 
Appropriations Act, 2010 (Public Law 111-85; 123 Stat. 2858) is 
amended--
            (1) in paragraph (1)(B)(iv), by striking ``exercise 
        water rights'' and inserting ``manage land, water 
        appurtenant to the land, and related interests''; and
            (2) in paragraph (2)(A), by striking ``The amount 
        made available under subsection (a)(1) shall be 
        provided to the National Fish and Wildlife Foundation'' 
        and inserting ``Any amount made available to the 
        National Fish and Wildlife Foundation under subsection 
        (a) shall be provided''.

                               TITLE III

                          DEPARTMENT OF ENERGY

                            ENERGY PROGRAMS

                 Energy Efficiency and Renewable Energy

                    (including rescission of funds)

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

              Electricity Delivery and Energy Reliability

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

                             Nuclear Energy

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

                 Fossil Energy Research and Development

                    (including rescission of funds)

    For necessary expenses in carrying out fossil energy 
research and development activities, under the authority of the 
Department of Energy Organization Act (Public Law 95-91), 
including the acquisition of interest, including defeasible and 
equitable interests in any real property or any facility or for 
plant or facility acquisition or expansion, and for conducting 
inquiries, technological investigations and research concerning 
the extraction, processing, use, and disposal of mineral 
substances without objectionable social and environmental costs 
(30 U.S.C. 3, 1602, and 1603), $534,000,000, to remain 
available until expended:  Provided, That $120,000,000 shall be 
available until September 30, 2013 for program direction:  
Provided further, That for all programs funded under Fossil 
Energy appropriations in this Act or any other Act, the 
Secretary may vest fee title or other property interests 
acquired under projects in any entity, including the United 
States:  Provided further, That of prior-year balances, 
$187,000,000 are hereby rescinded:  Provided further, That no 
rescission made by the previous proviso shall apply to any 
amount previously appropriated in Public Law 111-5 or 
designated by the Congress as an emergency requirement pursuant 
to a concurrent resolution on the budget or the Balanced Budget 
and Emergency Deficit Control Act of 1985.

                 Naval Petroleum and Oil Shale Reserves

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

                      Strategic Petroleum Reserve

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

                         SPR Petroleum Account

                    (including rescission of funds)

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

                   Northeast Home Heating Oil Reserve

                    (including rescission of funds)

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

                   Energy Information Administration

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

                   Non-defense Environmental Cleanup

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

      Uranium Enrichment Decontamination and Decommissioning Fund

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

                                Science

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

               Advanced Research Projects Agency--Energy

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

         Title 17 Innovative Technology Loan Guarantee Program

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

        Advanced Technology Vehicles Manufacturing Loan Program

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

                      Departmental Administration

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

                    Office of the Inspector General

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

                    ATOMIC ENERGY DEFENSE ACTIVITIES

                NATIONAL NUCLEAR SECURITY ADMINISTRATION

                           Weapons Activities

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

                    Defense Nuclear Nonproliferation

                    (including rescission of funds)

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

                             Naval Reactors

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

                      Office of the Administrator

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

               ENVIRONMENTAL AND OTHER DEFENSE ACTIVITIES

                     Defense Environmental Cleanup

    For Department of Energy expenses, including the purchase, 
construction, and acquisition of plant and capital equipment 
and other expenses necessary for atomic energy defense 
environmental cleanup activities in carrying out the purposes 
of the Department of Energy Organization Act (42 U.S.C. 7101 et 
seq.), including the acquisition or condemnation of any real 
property or any facility or for plant or facility acquisition, 
construction, or expansion, and the purchase of not to exceed 
one ambulance and one fire truck for replacement only, 
$5,023,000,000, to remain available until expended:  Provided, 
That $321,628,000 shall be available until September 30, 2013 
for program direction.

                        Other Defense Activities

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

                    POWER MARKETING ADMINISTRATIONS

                  Bonneville Power Administration Fund

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

      Operation and Maintenance, Southeastern Power Administration

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

      Operation and Maintenance, Southwestern Power Administration

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

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

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

           Falcon and Amistad Operating and Maintenance Fund

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

                  Federal Energy Regulatory Commission

                         salaries and expenses

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

                GENERAL PROVISIONS--DEPARTMENT OF ENERGY

              (including rescission and transfer of funds)

    Sec. 301. (a) No appropriation, funds, or authority made 
available by this title for the Department of Energy shall be 
used to initiate or resume any program, project, or activity or 
to prepare or initiate Requests For Proposals or similar 
arrangements (including Requests for Quotations, Requests for 
Information, and Funding Opportunity Announcements) for a 
program, project, or activity if the program, project, or 
activity has not been funded by Congress.
    (b) The Department of Energy may not, with respect to any 
program, project, or activity that uses budget authority made 
available in this title under the heading ``Department of 
Energy--Energy Programs'', enter into a multi-year contract, 
award a multi-year grant, or enter into a multi-year 
cooperative agreement unless the contract, grant, or 
cooperative agreement includes a clause conditioning the 
Federal Government's obligation on the availability of future-
year budget authority and the Secretary notifies the Committees 
on Appropriations of the House of Representatives and the 
Senate at least 14 days in advance.
    (c) Except as provided in this section, the amounts made 
available by this title shall be expended as authorized by law 
for the projects and activities specified in the ``Conference'' 
column in the ``Department of Energy'' table included under the 
heading ``Title III--Department of Energy'' in the joint 
explanatory statement accompanying this Act.
    (d) The amounts made available by this title may be 
reprogrammed for any program, project, or activity, and the 
Department shall notify the Committees on Appropriations of the 
House of Representatives and the Senate at least 30 days prior 
to the use of any proposed reprogramming which would cause any 
program, project, or activity funding level to increase or 
decrease by more than $5,000,000 or 10 percent, whichever is 
less, during the time period covered by this Act.
    (e) Notwithstanding subsection (c), none of the funds 
provided in this title shall be available for obligation or 
expenditure through a reprogramming of funds that--
            (1) creates, initiates, or eliminates a program, 
        project, or activity,
            (2) increases funds or personnel for any program, 
        project, or activity for which funds are denied or 
        restricted by this Act, or
            (3) reduces funds that are directed to be used for 
        a specific program, project, or activity by this Act.
    (f)(1) The Secretary of Energy may waive any requirement or 
restriction in this section that applies to the use of funds 
made available for the Department of Energy if compliance with 
such requirement or restriction would pose a substantial risk 
to human health, the environment, welfare, or national 
security.
    (2) The Secretary of Energy shall notify the Committees on 
Appropriations of any waiver under paragraph (1) as soon as 
practicable, but not later than 3 days after the date of the 
activity to which a requirement or restriction would otherwise 
have applied. Such notice shall include an explanation of the 
substantial risk under paragraph (1) that permitted such 
waiver.
    Sec. 302.  The unexpended balances of prior appropriations 
provided for activities in this Act may be available to the 
same appropriation accounts for such activities established 
pursuant to this title. Available balances may be merged with 
funds in the applicable established accounts and thereafter may 
be accounted for as one fund for the same time period as 
originally enacted.
    Sec. 303.  Funds appropriated by this or any other Act, or 
made available by the transfer of funds in this Act, for 
intelligence activities are deemed to be specifically 
authorized by the Congress for purposes of section 504 of the 
National Security Act of 1947 (50 U.S.C. 414) during fiscal 
year 2012 until the enactment of the Intelligence Authorization 
Act for fiscal year 2012.
    Sec. 304. (a) Submission to Congress.--The Secretary of 
Energy shall submit to Congress each year, at the time that the 
President's budget is submitted to Congress that year under 
section 1105(a) of title 31, United States Code, a future-years 
energy program reflecting the estimated expenditures and 
proposed appropriations included in that budget. Any such 
future-years energy program shall cover the fiscal year with 
respect to which the budget is submitted and at least the four 
succeeding fiscal years. A future-years energy program shall be 
included in the fiscal year 2014 budget submission to Congress 
and every fiscal year thereafter.
    (b) Elements.--Each future-years energy program shall 
contain the following:
            (1) The estimated expenditures and proposed 
        appropriations necessary to support programs, projects, 
        and activities of the Secretary of Energy during the 5-
        fiscal year period covered by the program, expressed in 
        a level of detail comparable to that contained in the 
        budget submitted by the President to Congress under 
        section 1105 of title 31, United States Code.
            (2) The estimated expenditures and proposed 
        appropriations shaped by high-level, prioritized 
        program and budgetary guidance that is consistent with 
        the administration's policies and out year budget 
        projections and reviewed by the Department of Energy's 
        (DOE) senior leadership to ensure that the future-years 
        energy program is consistent and congruent with 
        previously established program and budgetary guidance.
            (3) A description of the anticipated workload 
        requirements for each DOE national laboratory during 
        the 5-fiscal year period.
    (c) Consistency in Budgeting.--
            (1) The Secretary of Energy shall ensure that 
        amounts described in subparagraph (A) of paragraph (2) 
        for any fiscal year are consistent with amounts 
        described in subparagraph (B) of paragraph (2) for that 
        fiscal year.
            (2) Amounts referred to in paragraph (1) are the 
        following:
                    (A) The amounts specified in program and 
                budget information submitted to Congress by the 
                Secretary of Energy in support of expenditure 
                estimates and proposed appropriations in the 
                budget submitted to Congress by the President 
                under section 1105(a) of title 31, United 
                States Code, for any fiscal year, as shown in 
                the future-years energy program submitted 
                pursuant to subsection (a).
                    (B) The total amounts of estimated 
                expenditures and proposed appropriations 
                necessary to support the programs, projects, 
                and activities of the administration included 
                pursuant to paragraph (5) of section 1105(a) of 
                such title in the budget submitted to Congress 
                under that section for any fiscal year.
    Sec. 305.  Section 1702 of the Energy Policy Act of 2005 
(42 U.S.C. 16512) is amended--
            (1) by striking subsection (b) and inserting the 
        following:
    ``(b) Specific Appropriation or Contribution.--
            ``(1) In general.--No guarantee shall be made 
        unless--
                    ``(A) an appropriation for the cost of the 
                guarantee has been made;
                    ``(B) the Secretary has received from the 
                borrower a payment in full for the cost of the 
                guarantee and deposited the payment into the 
                Treasury; or
                    ``(C) a combination of one or more 
                appropriations under subparagraph (A) and one 
                or more payments from the borrower under 
                subparagraph (B) has been made that is 
                sufficient to cover the cost of the 
                guarantee.''.
    Sec. 306.  Plant or construction projects for which amounts 
are made available under this and subsequent appropriation Acts 
with a current estimated cost of less than $10,000,000 are 
considered for purposes of section 4703 of Public Law 107-314 
as a plant project for which the approved total estimated cost 
does not exceed the minor construction threshold and for 
purposes of section 4704 of Public Law 107-314 as a 
construction project with a current estimated cost of less than 
a minor construction threshold.
    Sec. 307.  In section 839b(h)(10)(B) of title 16, United 
States Code, strike ``$1,000,000'' and insert ``$2,500,000''.
    Sec. 308.  None of the funds made available in this title 
shall be used for the construction of facilities classified as 
high-hazard nuclear facilities under 10 CFR Part 830 unless 
independent oversight is conducted by the Office of Health, 
Safety, and Security to ensure the project is in compliance 
with nuclear safety requirements.
    Sec. 309.  Of the amounts appropriated in this title, 
$73,300,000 are hereby rescinded, to reflect savings from the 
contractor pay freeze instituted by the Department. The 
Department shall allocate the rescission among the 
appropriations made in this title.
    Sec. 310.  None of the funds made available in this title 
may be used to approve critical decision-2 or critical 
decision-3 under Department of Energy Order 413.3B, or any 
successive departmental guidance, for construction projects 
where the total project cost exceeds $100,000,000, until a 
separate independent cost estimate has been developed for the 
project for that critical decision.
    Sec. 311.  None of the funds made available in this title 
may be used to make a grant allocation, discretionary grant 
award, discretionary contract award, or Other Transaction 
Agreement, or to issue a letter of intent, totaling in excess 
of $1,000,000, or to announce publicly the intention to make 
such an allocation, award, or Agreement, or to issue such a 
letter, including a contract covered by the Federal Acquisition 
Regulation, unless the Secretary of Energy notifies the 
Committees on Appropriations of the Senate and the House of 
Representatives at least 3 full business days in advance of 
making such an allocation, award, or Agreement, or issuing such 
a letter:  Provided, That if the Secretary of Energy determines 
that compliance with this section would pose a substantial risk 
to human life, health, or safety, an allocation, award, or 
Agreement may be made, or a letter may be issued, without 
advance notification, and the Secretary shall notify the 
Committees on Appropriations of the Senate and the House of 
Representatives not later than 5 full business days after the 
date on which such an allocation, award, or Agreement is made 
or letter issued:  Provided further, That the notification 
shall include the recipient of the award, the amount of the 
award, the fiscal year for which the funds for the award were 
appropriated, and the account and program from which the funds 
are being drawn, the title of the award, and a brief 
description of the activity for which the award is made.
    Sec. 312. (a) Any determination (including a determination 
made prior to the date of enactment of this Act) by the 
Secretary pursuant to section 3112(d)(2)(B) of the USEC 
Privatization Act (110 Stat. 1321-335), as amended, that the 
sale or transfer of uranium will not have an adverse material 
impact on the domestic uranium mining, conversion, or 
enrichment industry shall be valid for not more than 2 calendar 
years subsequent to such determination.
    (b) Not less than 30 days prior to the transfer, sale, 
barter, distribution, or other provision of uranium in any form 
for the purpose of accelerating cleanup at a Federal site, the 
Secretary shall notify the House and Senate Committees on 
Appropriations of the following:
            (1) the amount of uranium to be transferred, sold, 
        bartered, distributed, or otherwise provided;
            (2) an estimate by the Secretary of the gross 
        market value of the uranium on the expected date of the 
        transfer, sale, barter, distribution, or other 
        provision of the uranium;
            (3) the expected date of transfer, sale, barter, 
        distribution, or other provision of the uranium;
            (4) the recipient of the uranium; and
            (5) the value of the services the Secretary expects 
        to receive in exchange for the uranium, including any 
        reductions to the gross value of the uranium by the 
        recipient.
    (c) Not later than June 30, 2012, the Secretary shall 
submit to the House and Senate Committees on Appropriations a 
revised excess uranium inventory management plan for fiscal 
years 2013 through 2018.
    (d) Not later than December 31, 2011 the Secretary shall 
submit to the House and Senate Committees on Appropriations a 
report evaluating the economic feasibility of re-enriching 
depleted uranium located at Federal sites.
    Sec. 313.  None of the funds made available by this Act may 
be used to pay the salaries of Department of Energy employees 
to carry out section 407 of division A of the American Recovery 
and Reinvestment Act of 2009.
    Sec. 314. (a) The Secretary of Energy may openly compete 
and issue an award to allow a third party, on a fee-for-service 
basis, to operate and maintain a metering station of the 
Strategic Petroleum Reserve that is underutilized (as defined 
in section 102-75.50 of title 41, Code of Federal Regulations 
(or successor regulations)) and related equipment.
    (b) Not later than 30 days before the issuance of such 
award, the Secretary of Energy shall certify to the Committees 
on Appropriations of the House of Representatives and the 
Senate that the award will not reduce the reliability or 
accessibility of the Strategic Petroleum Reserve, raise costs 
of oil in the local market, or negatively impact the supply of 
oil to current users.
    (c) Funds collected under subsection (a) shall be deposited 
in the general fund of the Treasury.
    Sec. 315.  None of the funds made available in this Act may 
be used--
            (1) to implement or enforce section 430.32(x) of 
        title 10, Code of Federal Regulations; or
            (2) to implement or enforce the standards 
        established by the tables contained in section 
        325(i)(1)(B) of the Energy Policy and Conservation Act 
        (42 U.S.C. 6295(i)(1)(B)) with respect to BPAR 
        incandescent reflector lamps, BR incandescent reflector 
        lamps, and ER incandescent reflector lamps.
    Sec. 316.  Recipients of grants awarded by the Department 
in excess of $1,000,000 shall certify that they will, by the 
end of the fiscal year, upgrade the efficiency of their 
facilities by replacing any lighting that does not meet or 
exceed the energy efficiency standard for incandescent light 
bulbs set forth in section 325 of the Energy Policy and 
Conservation Act (42 U.S.C. 6295).

                                TITLE IV

                          INDEPENDENT AGENCIES

                    Appalachian Regional Commission

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

                Defense Nuclear Facilities Safety Board

                         salaries and expenses

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

                        Delta Regional Authority

                         salaries and expenses

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

                           Denali Commission

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

                  Northern Border Regional Commission

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

                 Southeast Crescent Regional Commission

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

                     Nuclear Regulatory Commission

                         salaries and expenses

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

                      office of inspector general

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

                  Nuclear Waste Technical Review Board

                         salaries and expenses

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

Office of the Federal Coordinator for Alaska Natural Gas Transportation 
                                Projects

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

                GENERAL PROVISIONS--INDEPENDENT AGENCIES

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

                                TITLE V

                           GENERAL PROVISIONS

    Sec. 501.  None of the funds appropriated by this Act may 
be used in any way, directly or indirectly, to influence 
congressional action on any legislation or appropriation 
matters pending before Congress, other than to communicate to 
Members of Congress as described in 18 U.S.C. 1913.
    Sec. 502.  None of the funds made available in this Act may 
be transferred to any department, agency, or instrumentality of 
the United States Government, except pursuant to a transfer 
made by, or transfer authority provided in this Act or any 
other appropriation Act.
    Sec. 503.  None of the funds made available under this Act 
may be expended for any new hire by any Federal agency funded 
in this Act that is not verified through the E-Verify Program 
as described in section 403(a) of the Illegal Immigration 
Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1324a 
note).
    Sec. 504.  None of the funds made available by this Act may 
be used to enter into a contract, memorandum of understanding, 
or cooperative agreement with, make a grant to, or provide a 
loan or loan guarantee to any corporation that was convicted 
(or had an officer or agent of such corporation acting on 
behalf of the corporation convicted) of a felony criminal 
violation under any Federal law within the preceding 24 months, 
where the awarding agency is aware of the conviction, unless 
the agency has considered suspension or debarment of the 
corporation, or such officer or agent, and made a determination 
that this further action is not necessary to protect the 
interests of the Government.
    Sec. 505.  None of the funds made available by this Act may 
be used to enter into a contract, memorandum of understanding, 
or cooperative agreement with, make a grant to, or provide a 
loan or loan guarantee to, any corporation that has any unpaid 
Federal tax liability that has been assessed, for which all 
judicial and administrative remedies have been exhausted or 
have lapsed, and that is not being paid in a timely manner 
pursuant to an agreement with the authority responsible for 
collecting the tax liability, where the awarding agency is 
aware of the unpaid tax liability, unless the agency has 
considered suspension or debarment of the corporation and made 
a determination that this further action is not necessary to 
protect the interests of the Government.
    Sec. 506.  None of the funds made available by this Act may 
be used in contravention of Executive Order No. 12898 of 
February 11, 1994 (``Federal Actions to Address Environmental 
Justice in Minority Populations and Low-Income Populations'').
     This division may be cited as the ``Energy and Water 
Development and Related Agencies Appropriations Act, 2012''.

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

                                TITLE I

                       DEPARTMENT OF THE TREASURY

                          Departmental Offices

                         salaries and expenses

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

                      office of inspector general

                         salaries and expenses

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

           treasury inspector general for tax administration

                         salaries and expenses

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

    special inspector general for the troubled asset relief program

                         salaries and expenses

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

                  Financial Crimes Enforcement Network

                         salaries and expenses

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

                        Treasury Forfeiture Fund

                              (rescission)

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

                      Financial Management Service

                         salaries and expenses

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

                Alcohol and Tobacco Tax and Trade Bureau

                         salaries and expenses

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

                           United States Mint

               united states mint public enterprise fund

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

                       Bureau of the Public Debt

                     administering the public debt

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

   Community Development Financial Institutions Fund Program Account

    To carry out the Community Development Banking and 
Financial Institutions Act of 1994 (Public Law 103-325), 
including services authorized by 5 U.S.C. 3109, but at rates 
for individuals not to exceed the per diem rate equivalent to 
the rate for ES-3, notwithstanding section 4707(e) of title 12, 
United States Code with regard to Small and/or Emerging 
Community Development Financial Institutions Assistance awards, 
$221,000,000, to remain available until September 30, 2013; of 
which $12,000,000, notwithstanding section 4707(e) of title 12, 
United States Code, shall be for financial assistance, 
technical assistance, training and outreach programs, designed 
to benefit Native American, Native Hawaiian, and Alaskan Native 
communities and provided primarily through qualified community 
development lender organizations with experience and expertise 
in community development banking and lending in Indian country, 
Native American organizations, tribes and tribal organizations 
and other suitable providers; of which, notwithstanding section 
108(d) of such Act, up to $22,000,000 shall be for a Healthy 
Food Financing Initiative to provide grants and loans to 
community development financial institutions for the purpose of 
offering affordable financing and technical assistance to 
expand the availability of healthy food options in distressed 
communities; of which $18,000,000 shall be for the Bank 
Enterprise Awards program; and of which up to $22,965,000 may 
be used for administrative expenses, including administration 
of the New Markets Tax Credit; of which up to $10,315,000 may 
be used for the cost of direct loans; and of which up to 
$250,000 may be used for administrative expenses to carry out 
the direct loan program:  Provided, That the cost of direct 
loans, including the cost of modifying such loans, shall be as 
defined in section 502 of the Congressional Budget Act of 1974: 
 Provided further, That these funds are available to subsidize 
gross obligations for the principal amount of direct loans not 
to exceed $25,000,000:  Provided further, That of the funds 
awarded under this heading, not less than 10 percent shall be 
used for projects that serve populations living in persistent 
poverty counties (where such term is defined as any county that 
has had 20 percent or more of its population living in poverty 
over the past 30 years, as measured by the 1990, 2000, and 2010 
decennial censuses).

                        Internal Revenue Service

                           taxpayer services

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

                              enforcement

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

                           operations support

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

                     business systems modernization

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

          administrative provisions--internal revenue service

                     (including transfer of funds)

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

         Administrative Provisions--Department of the Treasury

                     (including transfers of funds)

    Sec. 105.  Appropriations to the Department of the Treasury 
in this Act shall be available for uniforms or allowances 
therefor, as authorized by law (5 U.S.C. 5901), including 
maintenance, repairs, and cleaning; purchase of insurance for 
official motor vehicles operated in foreign countries; purchase 
of motor vehicles without regard to the general purchase price 
limitations for vehicles purchased and used overseas for the 
current fiscal year; entering into contracts with the 
Department of State for the furnishing of health and medical 
services to employees and their dependents serving in foreign 
countries; and services authorized by 5 U.S.C. 3109.
    Sec. 106.  Not to exceed 2 percent of any appropriations in 
this Act made available to the Departmental Offices--Salaries 
and Expenses, Office of Inspector General, Special Inspector 
General for the Troubled Asset Relief Program, Financial 
Management Service, Alcohol and Tobacco Tax and Trade Bureau, 
Financial Crimes Enforcement Network, and Bureau of the Public 
Debt, may be transferred between such appropriations upon the 
advance approval of the Committees on Appropriations:  
Provided, That no transfer may increase or decrease any such 
appropriation by more than 2 percent.
    Sec. 107.  Not to exceed 2 percent of any appropriation 
made available in this Act to the Internal Revenue Service may 
be transferred to the Treasury Inspector General for Tax 
Administration's appropriation upon the advance approval of the 
Committees on Appropriations:  Provided, That no transfer may 
increase or decrease any such appropriation by more than 2 
percent.
    Sec. 108.  Of the funds available for the purchase of law 
enforcement vehicles, no funds may be obligated until the 
Secretary of the Treasury certifies that the purchase by the 
respective Treasury bureau is consistent with departmental 
vehicle management principles:  Provided, That the Secretary 
may delegate this authority to the Assistant Secretary for 
Management.
    Sec. 109.  None of the funds appropriated in this Act or 
otherwise available to the Department of the Treasury or the 
Bureau of Engraving and Printing may be used to redesign the $1 
Federal Reserve note.
    Sec. 110.  The Secretary of the Treasury may transfer funds 
from Financial Management Service, Salaries and Expenses to the 
Debt Collection Fund as necessary to cover the costs of debt 
collection:  Provided, That such amounts shall be reimbursed to 
such salaries and expenses account from debt collections 
received in the Debt Collection Fund.
    Sec. 111.  Section 122(g)(1) of Public Law 105-119 (5 
U.S.C. 3104 note), is further amended by striking ``12 years'' 
and inserting ``14 years''.
    Sec. 112.  None of the funds appropriated or otherwise made 
available by this or any other Act may be used by the United 
States Mint to construct or operate any museum without the 
explicit approval of the Committees on Appropriations of the 
House of Representatives and the Senate, the House Committee on 
Financial Services, and the Senate Committee on Banking, 
Housing and Urban Affairs.
    Sec. 113.  None of the funds appropriated or otherwise made 
available by this or any other Act or source to the Department 
of the Treasury, the Bureau of Engraving and Printing, and the 
United States Mint, individually or collectively, may be used 
to consolidate any or all functions of the Bureau of Engraving 
and Printing and the United States Mint without the explicit 
approval of the House Committee on Financial Services; the 
Senate Committee on Banking, Housing, and Urban Affairs; and 
the Committees on Appropriations of the House of 
Representatives and the Senate.
    Sec. 114.  Funds appropriated by this Act, or made 
available by the transfer of funds in this Act, for the 
Department of the Treasury's intelligence or intelligence 
related activities are deemed to be specifically authorized by 
the Congress for purposes of section 504 of the National 
Security Act of 1947 (50 U.S.C. 414) during fiscal year 2012 
until the enactment of the Intelligence Authorization Act for 
Fiscal Year 2012.
    Sec. 115.  Not to exceed $5,000 shall be made available 
from the Bureau of Engraving and Printing's Industrial 
Revolving Fund for necessary official reception and 
representation expenses.
    Sec. 116.  Section 5114(c) of title 31, United States Code 
(relating to engraving and printing currency and security 
documents), is amended by striking ``for a period of not more 
than 4 years''.
    Sec. 117.  In the current fiscal year and each fiscal year 
hereafter, any person who forwards to the Bureau of Engraving 
and Printing a mutilated paper currency claim equal to or 
exceeding $10,000 for redemption will be required to provide 
the Bureau their taxpayer identification number.
    Sec. 118.  Section 5318(g)(2)(A) of title 31, United States 
Code, is amended--
            (1) by striking clause (i) and inserting the 
        following:
                            ``(i) neither the financial 
                        institution, director, officer, 
                        employee, or agent of such institution 
                        (whether or not any such person is 
                        still employed by the institution), nor 
                        any other current or former director, 
                        officer, or employee of, or contractor 
                        for, the financial institution or other 
                        reporting person, may notify any person 
                        involved in the transaction that the 
                        transaction has been reported; and''; 
                        and
            (2) in clause (ii)--
                    (A) by striking ``no officer or employee 
                of'' and inserting ``no current or former 
                officer or employee of or contractor for''; and
                    (B) by inserting ``or for'' before ``any 
                State''.
    Sec. 119.  Section 5319 of title 31, United States Code 
(relating to availability of reports), is amended by inserting 
after ``title 5'' the following: ``, and may not be disclosed 
under any State, local, tribal, or territorial `freedom of 
information', `open government', or similar law''.
    Sec. 120.  Section 5331(a) of title 31, United States Code, 
is amended--
            (1) by striking paragraph (1) and inserting the 
        following:
            ``(1)(A) who is engaged in a trade or business, 
        and'';
            (2) by redesignating paragraph (2) as subparagraph 
        (B);
            (3) in subparagraph (B), as so redesignated, by 
        adding ``or'' at the end; and
            (4) by inserting after subparagraph (B), as so 
        redesignated, the following new paragraph:
            ``(2) who is required to file a report under 
        section 6050I(g) of the Internal Revenue Code of 
        1986,''.
    Sec. 121.  The Secretary of the Treasury shall submit a 
Capital Investment Plan to the Committees on Appropriations of 
the Senate and the House of Representatives not later than 30 
days following the submission of the annual budget for the 
Administration submitted by the President:  Provided, That such 
Capital Investment Plan shall include capital investment 
spending from all accounts within the Department of the 
Treasury, including but not limited to the Department-wide 
Systems and Capital Investment Programs account, the Working 
Capital Fund account, and the Treasury Forfeiture Fund account: 
 Provided further, That such Capital Investment Plan shall 
include expenditures occurring in previous fiscal years for 
each capital investment project that has not been fully 
completed.
     This title may be cited as the ``Department of the 
Treasury Appropriations Act, 2012''.

                                TITLE II

    EXECUTIVE OFFICE OF THE PRESIDENT AND FUNDS APPROPRIATED TO THE 
                               PRESIDENT

                     Compensation of the President

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

                            The White House

                         salaries and expenses

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

                 Executive Residence at the White House

                           operating expenses

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

                         reimbursable expenses

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

                   White House Repair and Restoration

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

                      Council of Economic Advisers

                         salaries and expenses

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

        National Security Council and Homeland Security Council

                         salaries and expenses

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

                        Office of Administration

                         salaries and expenses

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

                    Office of Management and Budget

                         salaries and expenses

    For necessary expenses of the Office of Management and 
Budget, including hire of passenger motor vehicles and services 
as authorized by 5 U.S.C. 3109 and to carry out the provisions 
of chapter 35 of title 44, United States Code, $89,456,000, of 
which not to exceed $3,000 shall be available for official 
representation expenses:  Provided, That none of the funds 
appropriated in this Act for the Office of Management and 
Budget may be used for the purpose of reviewing any 
agricultural marketing orders or any activities or regulations 
under the provisions of the Agricultural Marketing Agreement 
Act of 1937 (7 U.S.C. 601 et seq.):  Provided further, That 
none of the funds made available for the Office of Management 
and Budget by this Act may be expended for the altering of the 
transcript of actual testimony of witnesses, except for 
testimony of officials of the Office of Management and Budget, 
before the Committees on Appropriations or their subcommittees: 
 Provided further, That none of the funds provided in this or 
prior Acts shall be used, directly or indirectly, by the Office 
of Management and Budget, for evaluating or determining if 
water resource project or study reports submitted by the Chief 
of Engineers acting through the Secretary of the Army are in 
compliance with all applicable laws, regulations, and 
requirements relevant to the Civil Works water resource 
planning process:  Provided further, That the Office of 
Management and Budget shall have not more than 60 days in which 
to perform budgetary policy reviews of water resource matters 
on which the Chief of Engineers has reported:  Provided 
further, That the Director of the Office of Management and 
Budget shall notify the appropriate authorizing and 
appropriating committees when the 60-day review is initiated:  
Provided further, That if water resource reports have not been 
transmitted to the appropriate authorizing and appropriating 
committees within 15 days after the end of the Office of 
Management and Budget review period based on the notification 
from the Director, Congress shall assume Office of Management 
and Budget concurrence with the report and act accordingly.

                 Office of National Drug Control Policy

                         salaries and expenses

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

                     federal drug control programs

             high intensity drug trafficking areas program

                     (including transfers of funds)

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

                  other federal drug control programs

                     (including transfers of funds)

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

   Integrated, Efficient and Effective Uses of Information Technology

                     (including transfer of funds)

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

                          Unanticipated Needs

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

                  Special Assistance to the President

                         salaries and expenses

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

                Official Residence of the Vice President

                           operating expenses

                     (including transfer of funds)

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

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

             (including transfers of funds and rescissions)

    Sec. 201.  From funds made available in this Act under the 
headings ``The White House'', ``Executive Residence at the 
White House'', ``White House Repair and Restoration'', 
``Council of Economic Advisers'', ``National Security Council 
and Homeland Security Council'', ``Office of Administration'', 
``Special Assistance to the President'', and ``Official 
Residence of the Vice President'', the Director of the Office 
of Management and Budget (or such other officer as the 
President may designate in writing), may, 15 days after giving 
notice to the Committees on Appropriations of the House of 
Representatives and the Senate, transfer not to exceed 10 
percent of any such appropriation to any other such 
appropriation, to be merged with and available for the same 
time and for the same purposes as the appropriation to which 
transferred:  Provided, That the amount of an appropriation 
shall not be increased by more than 50 percent by such 
transfers:  Provided further, That no amount shall be 
transferred from ``Special Assistance to the President'' or 
``Official Residence of the Vice President'' without the 
approval of the Vice President.
    Sec. 202.  The Director of the Office of Management and 
Budget shall submit to the Committees on Appropriations of the 
House and the Senate a report on the implementation of 
Executive Order 13563 (76 Fed. Reg. 3821; relating to Improving 
Regulation and Regulatory Review) by April 2, 2012. The report 
shall include information on--
     (a) increasing public participation in the rulemaking 
process and reducing uncertainty;
    (b) improving coordination across Federal agencies to 
eliminate redundant, inconsistent, and overlapping regulations; 
and
    (c) identifying existing regulations that have been 
reviewed and determined to be outmoded, ineffective, or 
excessively burdensome.
    Sec. 203.  Within 120 days after the date of enactment of 
this section, the Director of the Office of Management and 
Budget shall submit a report to the Committees on 
Appropriations of the House and the Senate on the costs of 
implementing the Dodd-Frank Wall Street Reform and Consumer 
Protection Act (Public Law 111-203). Such report shall 
include--
            (1) the estimated mandatory and discretionary 
        obligations of funds through fiscal year 2014, by 
        Federal agency and by fiscal year, including--
                    (A) the estimated obligations by cost 
                inputs such as rent, information technology, 
                contracts, and personnel;
                    (B) the methodology and data sources used 
                to calculate such estimated obligations; and
                    (C) the specific section of such Act that 
                requires the obligation of funds; and
            (2) the estimated receipts through fiscal year 2014 
        from assessments, user fees, and other fees by the 
        Federal agency making the collections, by fiscal year, 
        including--
                    (A) the methodology and data sources used 
                to calculate such estimated collections; and
                    (B) the specific section of such Act that 
                authorizes the collection of funds.
    Sec. 204.  The Director of the Office of National Drug 
Control Policy shall submit to the Committees on Appropriations 
of the House of Representatives and the Senate not later than 
60 days after the date of enactment of this Act, and prior to 
the initial obligation of more than 20 percent of the funds 
appropriated in any account under the heading ``Office of 
National Drug Control Policy'', a detailed narrative and 
financial plan on the proposed uses of all funds under the 
account by program, project, and activity:  Provided, That the 
reports required by this section shall be updated and submitted 
to the Committees on Appropriations every 6 months and shall 
include information detailing how the estimates and assumptions 
contained in previous reports have changed:  Provided further, 
That any new projects and changes in funding of ongoing 
projects shall be subject to the prior approval of the 
Committees on Appropriations.
    Sec. 205.  Not to exceed 2 percent of any appropriations in 
this Act made available to the Office of National Drug Control 
Policy may be transferred between appropriated programs upon 
the advance approval of the Committees on Appropriations:  
Provided, That no transfer may increase or decrease any such 
appropriation by more than 3 percent.
    Sec. 206.  Not to exceed $1,000,000 of any appropriations 
in this Act made available to the Office of National Drug 
Control Policy may be reprogrammed within a program, project, 
or activity upon the advance approval of the Committees on 
Appropriations.
    Sec. 207.  From the unobligated balances of prior year 
appropriations made available for the Counterdrug Technology 
Assessment Center, $5,244,639 are rescinded.
    Sec. 208.  From the unobligated balances of prior year 
appropriations made available for Other Federal Drug Control 
Programs, $359,958 for a chronic users study and $5,723,403 for 
the National Anti-Drug Youth Media Campaign are rescinded.
    Sec. 209.  Of the unobligated balances available under the 
heading ``Executive Office of the President and Funds 
Appropriated to the President--Partnership Fund for Program 
Integrity Innovation'' in title II of division C of the 
Consolidated Appropriations Act, 2010 (Public Law 111-117), 
$10,000,000 are rescinded. In addition to the amounts made 
available under such heading in this Act, $10,000,000 are 
appropriated, to remain available until September 30, 2013.
     This title may be cited as the ``Executive Office of the 
President Appropriations Act, 2012''.

                               TITLE III

                             THE JUDICIARY

                   Supreme Court of the United States

                         salaries and expenses

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

                    care of the building and grounds

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

         United States Court of Appeals for the Federal Circuit

                         salaries and expenses

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

               United States Court of International Trade

                         salaries and expenses

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

    Courts of Appeals, District Courts, and Other Judicial Services

                         salaries and expenses

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

                           defender services

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

                    fees of jurors and commissioners

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

                             court security

                     (including transfers of funds)

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

           Administrative Office of the United States Courts

                         salaries and expenses

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

                        Federal Judicial Center

                         salaries and expenses

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

                       Judicial Retirement Funds

                    payment to judiciary trust funds

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

                  United States Sentencing Commission

                         salaries and expenses

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

                Administrative Provisions--The Judiciary

                     (including transfer of funds)

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

                                TITLE IV

                          DISTRICT OF COLUMBIA

                             Federal Funds

              federal payment for resident tuition support

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

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

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

           federal payment to the district of columbia courts

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

  federal payment for defender services in district of columbia courts

                     (including transfer of funds)

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

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

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

  federal payment to the district of columbia public defender service

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

 federal payment to the district of columbia water and sewer authority

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

      federal payment to the criminal justice coordinating council

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

                federal payment for judicial commissions

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

                 federal payment for school improvement

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

      federal payment for the district of columbia national guard

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

         federal payment for testing and treatment of hiv/aids

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

                       District of Columbia Funds

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

                                TITLE V

                          INDEPENDENT AGENCIES

             Administrative Conference of the United States

                         salaries and expenses

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

               Christopher Columbus Fellowship Foundation

                         salaries and expenses

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

                   Consumer Product Safety Commission

                         salaries and expenses

    For necessary expenses of the Consumer Product Safety 
Commission, including hire of passenger motor vehicles, 
services as authorized by 5 U.S.C. 3109, but at rates for 
individuals not to exceed the per diem rate equivalent to the 
maximum rate payable under 5 U.S.C. 5376, purchase of nominal 
awards to recognize non-Federal officials' contributions to 
Commission activities, and not to exceed $4,000 for official 
reception and representation expenses, $114,500,000, of which 
$500,000 shall remain available until September 30, 2013, to 
implement the Virginia Graeme Baker Pool and Spa Safety Act 
grant program as provided by section 1405 of Public Law 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''.
    Sec. 511.  None of the funds appropriated by this Act may 
be used by the Federal Communications Commission to modify, 
amend, or change its rules or regulations for universal service 
support payments to implement the February 27, 2004 
recommendations of the Federal-State Joint Board on Universal 
Service regarding single connection or primary line 
restrictions on universal service support payments.

                 Federal Deposit Insurance Corporation

                    office of the inspector general

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

                      Federal Election Commission

                         salaries and expenses

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

                   Federal Labor Relations Authority

                         salaries and expenses

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

                        Federal Trade Commission

                         salaries and expenses

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

                    General Services Administration

                        real property activities

                         federal buildings fund

                 limitations on availability of revenue

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

                           general activities

                         government-wide policy

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

                           operating expenses

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

                      office of inspector general

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

                       electronic government fund

                     (including transfer of funds)

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

           allowances and office staff for former presidents

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

                     federal citizen services fund

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

       Administrative Provisions--General Services Administration

             (including transfers of funds and rescission)

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

                 Harry S Truman Scholarship Foundation

                         salaries and expenses

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

                     Merit Systems Protection Board

                         salaries and expenses

                     (including transfer of funds)

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

            Morris K. Udall and Stewart L. Udall Foundation

            morris k. udall and stewart l. udall trust fund

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

                 environmental dispute resolution fund

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

              National Archives and Records Administration

                           operating expenses

                     (including transfer of funds)

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

                      office of inspector general

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

                        repairs and restoration

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

         national historical publications and records commission

                             grants program

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

                  National Credit Union Administration

                       central liquidity facility

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

               community development revolving loan fund

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

                      Office of Government Ethics

                         salaries and expenses

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

                     Office of Personnel Management

                         salaries and expenses

                  (including transfer of trust funds)

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

                      office of inspector general

                         salaries and expenses

                  (including transfer of trust funds)

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

      government payment for annuitants, employees health benefits

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

       government payment for annuitants, employee life insurance

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

        payment to civil service retirement and disability fund

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

                       Office of Special Counsel

                         salaries and expenses

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

                      Postal Regulatory Commission

                         salaries and expenses

                     (including transfer of funds)

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

              Privacy and Civil Liberties Oversight Board

                         salaries and expenses

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

             Recovery Accountability and Transparency Board

                         salaries and expenses

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

                   Securities and Exchange Commission

                         salaries and expenses

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

                        Selective Service System

                         salaries and expenses

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

                     Small Business Administration

                         salaries and expenses

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

                      office of inspector general

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

                           office of advocacy

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

                     business loans program account

                     (including transfer of funds)

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

                     disaster loans program account

                     (including transfers of funds)

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

        administrative provisions--small business administration

                     (including transfer of funds)

    Sec. 530.  Not to exceed 5 percent of any appropriation 
made available for the current fiscal year for the Small 
Business Administration in this Act may be transferred between 
such appropriations, but no such appropriation shall be 
increased by more than 10 percent by any such transfers:  
Provided, That any transfer pursuant to this paragraph shall be 
treated as a reprogramming of funds under section 608 of this 
Act and shall not be available for obligation or expenditure 
except in compliance with the procedures set forth in that 
section.
    Sec. 531.  Section 7(d)(5)(D) of the Small Business Act (15 
U.S.C. 636(d)(5)(D)) is amended by striking ``three years'' and 
inserting ``7 years''.
    Sec. 532.  Beginning in fiscal year 2013 and each fiscal 
year thereafter, the budget request for the Small Business 
Administration shall 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 
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 not verified through the E-Verify Program 
established under section 403(a) of the Illegal Immigration 
Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1324a 
note).
    Sec. 630.  None of the funds made available by this Act may 
be used to enter into a contract, memorandum of understanding, 
or cooperative agreement with, make a grant to, or provide a 
loan or loan guarantee to, any corporation with respect to 
which any unpaid Federal tax liability has been assessed, for 
which all judicial and administrative remedies have been 
exhausted or have lapsed, and that is not being paid in a 
timely manner pursuant to an agreement with the authority 
responsible for collecting the tax liability, where the 
awarding agency is aware of the unpaid tax liability, unless 
the agency has considered suspension or debarment of the 
corporation and made a determination that this further action 
is not necessary to protect the interests of the Government.
    Sec. 631.  None of the funds made available by this Act may 
be used to enter into a contract, memorandum of understanding, 
or cooperative agreement with, make a grant to, or provide a 
loan or loan guarantee to, any corporation that was convicted 
or had an officer or agent of such corporation acting on behalf 
of the corporation convicted of a felony criminal violation 
under any Federal law within the preceding 24 months, where the 
awarding agency is aware of the conviction, unless the agency 
has considered suspension or debarment of the corporation, or 
such officer or agent and made a determination that this 
further action is not necessary to protect the interests of the 
Government.
    Sec. 632.  Section 8909a(d)(3)(A)(v) of title 5, United 
States Code, is amended by striking the date specified in such 
section and inserting ``August 1, 2012''.

                               TITLE VII

                  GENERAL PROVISIONS--GOVERNMENT-WIDE

                Departments, Agencies, and Corporations

    Sec. 701.  No department, agency, or instrumentality of the 
United States receiving appropriated funds under this or any 
other Act for fiscal year 2012 shall obligate or expend any 
such funds, unless such department, agency, or instrumentality 
has in place, and will continue to administer in good faith, a 
written policy designed to ensure that all of its workplaces 
are free from the illegal use, possession, or distribution of 
controlled substances (as defined in the Controlled Substances 
Act (21 U.S.C. 802)) by the officers and employees of such 
department, agency, or instrumentality.
    Sec. 702.  Unless otherwise specifically provided, the 
maximum amount allowable during the current fiscal year in 
accordance with subsection 1343(c) of title 31, United States 
Code, for the purchase of any passenger motor vehicle 
(exclusive of buses, ambulances, law enforcement, and 
undercover surveillance vehicles), is hereby fixed at $13,197 
except station wagons for which the maximum shall be $13,631:  
Provided, That these limits may be exceeded by not to exceed 
$3,700 for police-type vehicles, and by not to exceed $4,000 
for special heavy-duty vehicles:  Provided further, That the 
limits set forth in this section may not be exceeded by more 
than 5 percent for electric or hybrid vehicles purchased for 
demonstration under the provisions of the Electric and Hybrid 
Vehicle Research, Development, and Demonstration Act of 1976:  
Provided further, That the limits set forth in this section may 
be exceeded by the incremental cost of clean alternative fuels 
vehicles acquired pursuant to Public Law 101-549 over the cost 
of comparable conventionally fueled vehicles:  Provided 
further, That the limits set forth in this section shall not 
apply to any vehicle that is a commercial item and which 
operates on emerging motor vehicle technology, including but 
not limited to electric, plug-in hybrid electric, and hydrogen 
fuel cell vehicles.
    Sec. 703.  Appropriations of the executive departments and 
independent establishments for the current fiscal year 
available for expenses of travel, or for the expenses of the 
activity concerned, are hereby made available for quarters 
allowances and cost-of-living allowances, in accordance with 5 
U.S.C. 5922-5924.
    Sec. 704.  Unless otherwise specified during the current 
fiscal year, no part of any appropriation contained in this or 
any other Act shall be used to pay the compensation of any 
officer or employee of the Government of the United States 
(including any agency the majority of the stock of which is 
owned by the Government of the United States) whose post of 
duty is in the continental United States unless such person: 
(1) is a citizen of the United States; (2) is a person who is 
lawfully admitted for permanent residence and is seeking 
citizenship as outlined in 8 U.S.C. 1324b(a)(3)(B); (3) is a 
person who is admitted as a refugee under 8 U.S.C. 1157 or is 
granted asylum under 8 U.S.C. 1158 and has filed a declaration 
of intention to become a lawful permanent resident and then a 
citizen when eligible; or (4) is a person who owes allegiance 
to the United States:  Provided, That for purposes of this 
section, affidavits signed by any such person shall be 
considered prima facie evidence that the requirements of this 
section with respect to his or her status are being complied 
with:  Provided further, That for purposes of subsections (2) 
and (3) such affidavits shall be submitted prior to employment 
and updated thereafter as necessary:  Provided further, That 
any person making a false affidavit shall be guilty of a 
felony, and upon conviction, shall be fined no more than $4,000 
or imprisoned for not more than 1 year, or both:  Provided 
further, That the above penal clause shall be in addition to, 
and not in substitution for, any other provisions of existing 
law:  Provided further, That any payment made to any officer or 
employee contrary to the provisions of this section shall be 
recoverable in action by the Federal Government:  Provided 
further, That this section shall not apply to any person who is 
an officer or employee of the Government of the United States 
on the date of enactment of this Act, or to international 
broadcasters employed by the Broadcasting Board of Governors, 
or to temporary employment of translators, or to temporary 
employment in the field service (not to exceed 60 days) as a 
result of emergencies:  Provided further, That this section 
does not apply to the employment as Wildland firefighters for 
not more than 120 days of nonresident aliens employed by the 
Department of the Interior or the USDA Forest Service pursuant 
to an agreement with another country.
    Sec. 705.  Appropriations available to any department or 
agency during the current fiscal year for necessary expenses, 
including maintenance or operating expenses, shall also be 
available for payment to the General Services Administration 
for charges for space and services and those expenses of 
renovation and alteration of buildings and facilities which 
constitute public improvements performed in accordance with the 
Public Buildings Act of 1959 (73 Stat. 479), the Public 
Buildings Amendments of 1972 (86 Stat. 216), or other 
applicable law.
    Sec. 706.  In addition to funds provided in this or any 
other Act, all Federal agencies are authorized to receive and 
use funds resulting from the sale of materials, including 
Federal records disposed of pursuant to a records schedule 
recovered through recycling or waste prevention programs. Such 
funds shall be available until expended for the following 
purposes:
            (1) Acquisition, waste reduction and prevention, 
        and recycling programs as described in Executive Order 
        No. 13423 (January 24, 2007), including any such 
        programs adopted prior to the effective date of the 
        Executive order.
            (2) Other Federal agency environmental management 
        programs, including, but not limited to, the 
        development and implementation of hazardous waste 
        management and pollution prevention programs.
            (3) Other employee programs as authorized by law or 
        as deemed appropriate by the head of the Federal 
        agency.
    Sec. 707.  Funds made available by this or any other Act 
for administrative expenses in the current fiscal year of the 
corporations and agencies subject to chapter 91 of title 31, 
United States Code, shall be available, in addition to objects 
for which such funds are otherwise available, for rent in the 
District of Columbia; services in accordance with 5 U.S.C. 
3109; and the objects specified under this head, all the 
provisions of which shall be applicable to the expenditure of 
such funds unless otherwise specified in the Act by which they 
are made available:  Provided, That in the event any functions 
budgeted as administrative expenses are subsequently 
transferred to or paid from other funds, the limitations on 
administrative expenses shall be correspondingly reduced.
    Sec. 708.  No part of any appropriation contained in this 
or any other Act shall be available for interagency financing 
of boards (except Federal Executive Boards), commissions, 
councils, committees, or similar groups (whether or not they 
are interagency entities) which do not have a prior and 
specific statutory approval to receive financial support from 
more than one agency or instrumentality.
    Sec. 709.  None of the funds made available pursuant to the 
provisions of this Act shall be used to implement, administer, 
or enforce any regulation which has been disapproved pursuant 
to a joint resolution duly adopted in accordance with the 
applicable law of the United States.
    Sec. 710.  During the period in which the head of any 
department or agency, or any other officer or civilian employee 
of the Federal Government appointed by the President of the 
United States, holds office, no funds may be obligated or 
expended in excess of $5,000 to furnish or redecorate the 
office of such department head, agency head, officer, or 
employee, or to purchase furniture or make improvements for any 
such office, unless advance notice of such furnishing or 
redecoration is transmitted to the Committees on Appropriations 
of the House of Representatives and the Senate. For the 
purposes of this section, the term ``office'' shall include the 
entire suite of offices assigned to the individual, as well as 
any other space used primarily by the individual or the use of 
which is directly controlled by the individual.
    Sec. 711.  Notwithstanding section 31 U.S.C. 1346, or 
section 708 of this Act, funds made available for the current 
fiscal year by this or any other Act shall be available for the 
interagency funding of national security and emergency 
preparedness telecommunications initiatives which benefit 
multiple Federal departments, agencies, or entities, as 
provided by Executive Order No. 12472 (April 3, 1984).
    Sec. 712. (a) None of the funds appropriated by this or any 
other Act may be obligated or expended by any Federal 
department, agency, or other instrumentality for the salaries 
or expenses of any employee appointed to a position of a 
confidential or policy-determining character excepted from the 
competitive service pursuant to 5 U.S.C. 3302, without a 
certification to the Office of Personnel Management from the 
head of the Federal department, agency, or other 
instrumentality employing the Schedule C appointee that the 
Schedule C position was not created solely or primarily in 
order to detail the employee to the White House.
    (b) The provisions of this section shall not apply to 
Federal employees or members of the armed forces detailed to or 
from--
            (1) the Central Intelligence Agency;
            (2) the National Security Agency;
            (3) the Defense Intelligence Agency;
            (4) the National Geospatial-Intelligence Agency;
            (5) the offices within the Department of Defense 
        for the collection of specialized national foreign 
        intelligence through reconnaissance programs;
            (6) the Bureau of Intelligence and Research of the 
        Department of State;
            (7) any agency, office, or unit of the Army, Navy, 
        Air Force, or Marine Corps, the Department of Homeland 
        Security, the Federal Bureau of Investigation or the 
        Drug Enforcement Administration of the Department of 
        Justice, the Department of Transportation, the 
        Department of the Treasury, or the Department of Energy 
        performing intelligence functions; or
            (8) the Director of National Intelligence or the 
        Office of the Director of National Intelligence.
    Sec. 713.  No part of any appropriation contained in this 
or any other Act shall be available for the payment of the 
salary of any officer or employee of the Federal Government, 
who--
            (1) prohibits or prevents, or attempts or threatens 
        to prohibit or prevent, any other officer or employee 
        of the Federal Government from having any direct oral 
        or written communication or contact with any Member, 
        committee, or subcommittee of the Congress in 
        connection with any matter pertaining to the employment 
        of such other officer or employee or pertaining to the 
        department or agency of such other officer or employee 
        in any way, irrespective of whether such communication 
        or contact is at the initiative of such other officer 
        or employee or in response to the request or inquiry of 
        such Member, committee, or subcommittee; or
            (2) removes, suspends from duty without pay, 
        demotes, reduces in rank, seniority, status, pay, or 
        performance or efficiency rating, denies promotion to, 
        relocates, reassigns, transfers, disciplines, or 
        discriminates in regard to any employment right, 
        entitlement, or benefit, or any term or condition of 
        employment of, any other officer or employee of the 
        Federal Government, or attempts or threatens to commit 
        any of the foregoing actions with respect to such other 
        officer or employee, by reason of any communication or 
        contact of such other officer or employee with any 
        Member, committee, or subcommittee of the Congress as 
        described in paragraph (1).
    Sec. 714. (a) None of the funds made available in this or 
any other Act may be obligated or expended for any employee 
training that--
            (1) does not meet identified needs for knowledge, 
        skills, and abilities bearing directly upon the 
        performance of official duties;
            (2) contains elements likely to induce high levels 
        of emotional response or psychological stress in some 
        participants;
            (3) does not require prior employee notification of 
        the content and methods to be used in the training and 
        written end of course evaluation;
            (4) contains any methods or content associated with 
        religious or quasi-religious belief systems or ``new 
        age'' belief systems as defined in Equal Employment 
        Opportunity Commission Notice N-915.022, dated 
        September 2, 1988; or
            (5) is offensive to, or designed to change, 
        participants' personal values or lifestyle outside the 
        workplace.
    (b) Nothing in this section shall prohibit, restrict, or 
otherwise preclude an agency from conducting training bearing 
directly upon the performance of official duties.
    Sec. 715. (a) No funds appropriated in this or any other 
Act may be used to implement or enforce the agreements in 
Standard Forms 312 and 4414 of the Government or any other 
nondisclosure policy, form, or agreement if such policy, form, 
or agreement does not contain the following provisions: ``These 
restrictions are consistent with and do not supersede, conflict 
with, or otherwise alter the employee obligations, rights, or 
liabilities created by Executive Order No. 12958; section 7211 
of title 5, United States Code (governing disclosures to 
Congress); section 1034 of title 10, United States Code, as 
amended by the Military Whistleblower Protection Act (governing 
disclosure to Congress by members of the military); section 
2302(b)(8) of title 5, United States Code, as amended by the 
Whistleblower Protection Act of 1989 (governing disclosures of 
illegality, waste, fraud, abuse or public health or safety 
threats); the Intelligence Identities Protection Act of 1982 
(50 U.S.C. 421 et seq.) (governing disclosures that could 
expose confidential Government agents); and the statutes which 
protect against disclosure that may compromise the national 
security, including sections 641, 793, 794, 798, and 952 of 
title 18, United States Code, and section 4(b) of the 
Subversive Activities Act of 1950 (50 U.S.C. 783(b)). The 
definitions, requirements, obligations, rights, sanctions, and 
liabilities created by said Executive order and listed statutes 
are incorporated into this agreement and are controlling.'':  
Provided, That notwithstanding the preceding provision of this 
section, a nondisclosure policy form or agreement that is to be 
executed by a person connected with the conduct of an 
intelligence or intelligence-related activity, other than an 
employee or officer of the United States Government, may 
contain provisions appropriate to the particular activity for 
which such document is to be used. Such form or agreement 
shall, at a minimum, require that the person will not disclose 
any classified information received in the course of such 
activity unless specifically authorized to do so by the United 
States Government. Such nondisclosure forms shall also make it 
clear that they do not bar disclosures to Congress, or to an 
authorized official of an executive agency or the Department of 
Justice, that are essential to reporting a substantial 
violation of law.
    (b) Effective 180 days after enactment of this Act, 
subsection (a) is amended by--
            (1) striking ``Executive Order No. 12958'' and 
        inserting ``Executive Order No. 13526 (75 Fed. Reg. 
        707), or any successor thereto'';
            (2) after ``the Intelligence Identities Protection 
        Act of 1982 (50 U.S.C. 421 et seq.) (governing 
        disclosures that could expose confidential Government 
        agents);'' inserting ``sections 7(c) and 8H of the 
        Inspector General Act of 1978 (5 U.S.C. App.) (relating 
        to disclosures to an inspector general, the inspectors 
        general of the Intelligence Community, and Congress); 
        section 103H(g)(3) of the National Security Act of 1947 
        (50 U.S.C. 403-3h(g)(3) (relating to disclosures to the 
        inspector general of the Intelligence Community); 
        sections 17(d)(5) and 17(e)(3) of the Central 
        Intelligence Agency Act of 1949 (50 U.S.C. 403q(d)(5) 
        and 403q(e)(3)) (relating to disclosures to the 
        Inspector General of the Central Intelligence Agency 
        and Congress);''; and
            (3) after ``Subversive Activities'' inserting 
        ``Control''.
    (c) A nondisclosure agreement entered into before the 
effective date of the amendment in subsection (b) may continue 
to be implemented and enforced after that effective date if it 
complies with the requirements of subsection (a) that were in 
effect prior to the effective date of the amendment in 
subsection (b).
    Sec. 716.  No part of any funds appropriated in this or any 
other Act shall be used by an agency of the executive branch, 
other than for normal and recognized executive-legislative 
relationships, for publicity or propaganda purposes, and for 
the preparation, distribution or use of any kit, pamphlet, 
booklet, publication, radio, television, or film presentation 
designed to support or defeat legislation pending before the 
Congress, except in presentation to the Congress itself.
    Sec. 717.  None of the funds appropriated by this or any 
other Act may be used by an agency to provide a Federal 
employee's home address to any labor organization except when 
the employee has authorized such disclosure or when such 
disclosure has been ordered by a court of competent 
jurisdiction.
    Sec. 718.  None of the funds made available in this Act or 
any other Act may be used to provide any non-public information 
such as mailing or telephone lists to any person or any 
organization outside of the Federal Government without the 
approval of the Committees on Appropriations of the House of 
Representatives and the Senate.
    Sec. 719.  No part of any appropriation contained in this 
or any other Act shall be used directly or indirectly, 
including by private contractor, for publicity or propaganda 
purposes within the United States not heretofore authorized by 
the Congress.
    Sec. 720. (a) In this section, the term ``agency''--
            (1) means an Executive agency, as defined under 5 
        U.S.C. 105; and
            (2) includes a military department, as defined 
        under section 102 of such title, the Postal Service, 
        and the Postal Regulatory Commission.
    (b) Unless authorized in accordance with law or regulations 
to use such time for other purposes, an employee of an agency 
shall use official time in an honest effort to perform official 
duties. An employee not under a leave system, including a 
Presidential appointee exempted under 5 U.S.C. 6301(2), has an 
obligation to expend an honest effort and a reasonable 
proportion of such employee's time in the performance of 
official duties.
    Sec. 721.  Notwithstanding 31 U.S.C. 1346 and section 708 
of this Act, funds made available for the current fiscal year 
by this or any other Act to any department or agency, which is 
a member of the Federal Accounting Standards Advisory Board 
(FASAB), shall be available to finance an appropriate share of 
FASAB administrative costs.

                          (transfer of funds)

    Sec. 722.  Notwithstanding 31 U.S.C. 1346 and section 708 
of this Act, the head of each Executive department and agency 
is hereby authorized to transfer to or reimburse ``General 
Services Administration, Government-wide Policy'' with the 
approval of the Director of the Office of Management and 
Budget, funds made available for the current fiscal year by 
this or any other Act, including rebates from charge card and 
other contracts:  Provided, That these funds shall be 
administered by the Administrator of General Services to 
support Government-wide and other multi-agency financial, 
information technology, procurement, and other management 
innovations, initiatives, and activities, as approved by the 
Director of the Office of Management and Budget, in 
consultation with the appropriate interagency and multi-agency 
groups designated by the Director (including the President's 
Management Council for overall management improvement 
initiatives, the Chief Financial Officers Council for financial 
management initiatives, the Chief Information Officers Council 
for information technology initiatives, the Chief Human Capital 
Officers Council for human capital initiatives, the Chief 
Acquisition Officers Council for procurement initiatives, and 
the Performance Improvement Council for performance improvement 
initiatives):  Provided further, That the total funds 
transferred or reimbursed shall not exceed $17,000,000 for 
Government-Wide innovations, initiatives, and activities:  
Provided further, That the funds transferred to or for 
reimbursement of ``General Services Administration, Government-
wide Policy'' during fiscal year 2012 shall remain available 
for obligation through September 30, 2013:  Provided further, 
That such transfers or reimbursements may only be made after 15 
days following notification of the Committees on Appropriations 
by the Director of the Office of Management and Budget.
    Sec. 723.  Notwithstanding any other provision of law, a 
woman may breastfeed her child at any location in a Federal 
building or on Federal property, if the woman and her child are 
otherwise authorized to be present at the location.
    Sec. 724.  Notwithstanding 31 U.S.C. 1346, or section 708 
of this Act, funds made available for the current fiscal year 
by this or any other Act shall be available for the interagency 
funding of specific projects, workshops, studies, and similar 
efforts to carry out the purposes of the National Science and 
Technology Council (authorized by Executive Order No. 12881), 
which benefit multiple Federal departments, agencies, or 
entities:  Provided, That the Office of Management and Budget 
shall provide a report describing the budget of and resources 
connected with the National Science and Technology Council to 
the Committees on Appropriations, the House Committee on 
Science and Technology, and the Senate Committee on Commerce, 
Science, and Transportation 90 days after enactment of this 
Act.
    Sec. 725.  Any request for proposals, solicitation, grant 
application, form, notification, press release, or other 
publications involving the distribution of Federal funds shall 
indicate the agency providing the funds, the Catalog of Federal 
Domestic Assistance Number, as applicable, and the amount 
provided:  Provided, That this provision shall apply to direct 
payments, formula funds, and grants received by a State 
receiving Federal funds.
    Sec. 726. (a) Prohibition of Federal Agency Monitoring of 
Individuals' Internet Use.--None of the funds made available in 
this or any other Act may be used by any Federal agency--
            (1) to collect, review, or create any aggregation 
        of data, derived from any means, that includes any 
        personally identifiable information relating to an 
        individual's access to or use of any Federal Government 
        Internet site of the agency; or
            (2) to enter into any agreement with a third party 
        (including another government agency) to collect, 
        review, or obtain any aggregation of data, derived from 
        any means, that includes any personally identifiable 
        information relating to an individual's access to or 
        use of any nongovernmental Internet site.
    (b) Exceptions.--The limitations established in subsection 
(a) shall not apply to--
            (1) any record of aggregate data that does not 
        identify particular persons;
            (2) any voluntary submission of personally 
        identifiable information;
            (3) any action taken for law enforcement, 
        regulatory, or supervisory purposes, in accordance with 
        applicable law; or
            (4) any action described in subsection (a)(1) that 
        is a system security action taken by the operator of an 
        Internet site and is necessarily incident to providing 
        the Internet site services or to protecting the rights 
        or property of the provider of the Internet site.
    (c) Definitions.--For the purposes of this section:
            (1) The term ``regulatory'' means agency actions to 
        implement, interpret or enforce authorities provided in 
        law.
            (2) The term ``supervisory'' means examinations of 
        the agency's supervised institutions, including 
        assessing safety and soundness, overall financial 
        condition, management practices and policies and 
        compliance with applicable standards as provided in 
        law.
    Sec. 727. (a) None of the funds appropriated by this Act 
may be used to enter into or renew a contract which includes a 
provision providing prescription drug coverage, except where 
the contract also includes a provision for contraceptive 
coverage.
    (b) Nothing in this section shall apply to a contract 
with--
            (1) any of the following religious plans:
                    (A) Personal Care's HMO; and
                    (B) OSF HealthPlans, Inc.; and
            (2) any existing or future plan, if the carrier for 
        the plan objects to such coverage on the basis of 
        religious beliefs.
    (c) In implementing this section, any plan that enters into 
or renews a contract under this section may not subject any 
individual to discrimination on the basis that the individual 
refuses to prescribe or otherwise provide for contraceptives 
because such activities would be contrary to the individual's 
religious beliefs or moral convictions.
    (d) Nothing in this section shall be construed to require 
coverage of abortion or abortion-related services.
    Sec. 728.  The United States is committed to ensuring the 
health of its Olympic, Pan American, and Paralympic athletes, 
and supports the strict adherence to anti-doping in sport 
through testing, adjudication, education, and research as 
performed by nationally recognized oversight authorities.
    Sec. 729.  Notwithstanding any other provision of law, 
funds appropriated for official travel by Federal departments 
and agencies may be used by such departments and agencies, if 
consistent with Office of Management and Budget Circular A-126 
regarding official travel for Government personnel, to 
participate in the fractional aircraft ownership pilot program.
    Sec. 730.  Notwithstanding any other provision of law, none 
of the funds appropriated or made available under this Act or 
any other appropriations Act may be used to implement or 
enforce restrictions or limitations on the Coast Guard 
Congressional Fellowship Program, or to implement the proposed 
regulations of the Office of Personnel Management to add 
sections 300.311 through 300.316 to part 300 of title 5 of the 
Code of Federal Regulations, published in the Federal Register, 
volume 68, number 174, on September 9, 2003 (relating to the 
detail of executive branch employees to the legislative 
branch).
    Sec. 731.  Notwithstanding any other provision of law, no 
executive branch agency shall purchase, construct, and/or lease 
any additional facilities, except within or contiguous to 
existing locations, to be used for the purpose of conducting 
Federal law enforcement training without the advance approval 
of the Committees on Appropriations of the House of 
Representatives and the Senate, except that the Federal Law 
Enforcement Training Center is authorized to obtain the 
temporary use of additional facilities by lease, contract, or 
other agreement for training which cannot be accommodated in 
existing Center facilities.
    Sec. 732. (a) For fiscal year 2012, no funds shall be 
available for transfers or reimbursements to the E-Government 
initiatives sponsored by the Office of Management and Budget 
prior to 15 days following submission of a report to the 
Committees on Appropriations of the House of Representatives 
and the Senate by the Director of the Office of Management and 
Budget and receipt of approval to transfer funds by the 
Committees on Appropriations of the House of Representatives 
and the Senate.
    (b) The report in subsection (a) and other required 
justification materials shall include at a minimum--
            (1) a description of each initiative including but 
        not limited to its objectives, benefits, development 
        status, risks, cost effectiveness (including estimated 
        net costs or savings to the government), and the 
        estimated date of full operational capability;
            (2) the total development cost of each initiative 
        by fiscal year including costs to date, the estimated 
        costs to complete its development to full operational 
        capability, and estimated annual operations and 
        maintenance costs; and
            (3) the sources and distribution of funding by 
        fiscal year and by agency and bureau for each 
        initiative including agency contributions to date and 
        estimated future contributions by agency.
    (c) No funds shall be available for obligation or 
expenditure for new E-Government initiatives without the 
explicit approval of the Committees on Appropriations of the 
House of Representatives and the Senate.
    Sec. 733.  None of the funds appropriated or otherwise made 
available by this or any other Act may be used to begin or 
announce a study or public-private competition regarding the 
conversion to contractor performance of any function performed 
by Federal employees pursuant to Office of Management and 
Budget Circular A-76 or any other administrative regulation, 
directive, or policy.
    Sec. 734.  Unless otherwise authorized by existing law, 
none of the funds provided in this Act or any other Act may be 
used by an executive branch agency to produce any prepackaged 
news story intended for broadcast or distribution in the United 
States, unless the story includes a clear notification within 
the text or audio of the prepackaged news story that the 
prepackaged news story was prepared or funded by that executive 
branch agency.
    Sec. 735.  None of the funds made available in this Act may 
be used in contravention of section 552a of title 5, United 
States Code (popularly known as the Privacy Act) and 
regulations implementing that section.
    Sec. 736.  Each executive department and agency shall 
evaluate the creditworthiness of an individual before issuing 
the individual a government travel charge card. Such 
evaluations for individually billed travel charge cards shall 
include an assessment of the individual's consumer report from 
a consumer reporting agency as those terms are defined in 
section 603 of the Fair Credit Reporting Act (Public Law 91-
508):  Provided, That the department or agency may not issue a 
government travel charge card to an individual that either 
lacks a credit history or is found to have an unsatisfactory 
credit history as a result of this evaluation:  Provided 
further, That this restriction shall not preclude issuance of a 
restricted-use charge, debit, or stored value card made in 
accordance with agency procedures to: (1) an individual with an 
unsatisfactory credit history where such card is used to pay 
travel expenses and the agency determines there is no suitable 
alternative payment mechanism available before issuing the 
card; or (2) an individual who lacks a credit history. Each 
executive department and agency shall establish guidelines and 
procedures for disciplinary actions to be taken against agency 
personnel for improper, fraudulent, or abusive use of 
government charge cards, which shall include appropriate 
disciplinary actions for use of charge cards for purposes, and 
at establishments, that are inconsistent with the official 
business of the Department or agency or with applicable 
standards of conduct.
    Sec. 737. (a) Definitions.--For purposes of this section 
the following definitions apply:
            (1) Great lakes.--The terms ``Great Lakes'' and 
        ``Great Lakes State'' have the same meanings as such 
        terms have in section 506 of the Water Resources 
        Development Act of 2000 (42 U.S.C. 1962d-22).
            (2) Great lakes restoration activities.--The term 
        ``Great Lakes restoration activities'' means any 
        Federal or State activity primarily or entirely within 
        the Great Lakes watershed that seeks to improve the 
        overall health of the Great Lakes ecosystem.
    (b) Report.--Not later than 45 days after submission of the 
budget of the President to Congress, the Director of the Office 
of Management and Budget, in coordination with the Governor of 
each Great Lakes State and the Great Lakes Interagency Task 
Force, shall submit to the appropriate authorizing and 
appropriating committees of the Senate and the House of 
Representatives a financial report, certified by the Secretary 
of each agency that has budget authority for Great Lakes 
restoration activities, containing--
            (1) an interagency budget crosscut report that--
                    (A) displays the budget proposed, including 
                any planned interagency or intra-agency 
                transfer, for each of the Federal agencies that 
                carries out Great Lakes restoration activities 
                in the upcoming fiscal year, separately 
                reporting the amount of funding to be provided 
                under existing laws pertaining to the Great 
                Lakes ecosystem; and
                    (B) identifies all expenditures since 
                fiscal year 2004 by the Federal Government and 
                State governments for Great Lakes restoration 
                activities;
            (2) a detailed accounting of all funds received and 
        obligated by all Federal agencies and, to the extent 
        available, State agencies using Federal funds, for 
        Great Lakes restoration activities during the current 
        and previous fiscal years;
            (3) a budget for the proposed projects (including a 
        description of the project, authorization level, and 
        project status) to be carried out in the upcoming 
        fiscal year with the Federal portion of funds for 
        activities; and
            (4) a listing of all projects to be undertaken in 
        the upcoming fiscal year with the Federal portion of 
        funds for activities.
    Sec. 738. (a) In General.--None of the funds appropriated 
or otherwise made available by this or any other Act may be 
used for any Federal Government contract with any foreign 
incorporated entity which is treated as an inverted domestic 
corporation under section 835(b) of the Homeland Security Act 
of 2002 (6 U.S.C. 395(b)) or any subsidiary of such an entity.
    (b) Waivers.--
            (1) In general.--Any Secretary shall waive 
        subsection (a) with respect to any Federal Government 
        contract under the authority of such Secretary if the 
        Secretary determines that the waiver is required in the 
        interest of national security.
            (2) Report to congress.--Any Secretary issuing a 
        waiver under paragraph (1) shall report such issuance 
        to Congress.
    (c) Exception.--This section shall not apply to any Federal 
Government contract entered into before the date of the 
enactment of this Act, or to any task order issued pursuant to 
such contract.
    Sec. 739.  None of the funds made available by this or any 
other Act may be used to implement, administer, enforce, or 
apply the rule entitled ``Competitive Area'' published by the 
Office of Personnel Management in the Federal Register on April 
15, 2008 (73 Fed. Reg. 20180 et seq.).
    Sec. 740.  Section 743 of the Consolidated Appropriations 
Act, 2010 (Public Law 111-117; 31 U.S.C. 501 note) is amended 
in subsection (a)(3), by inserting after ``exercise of an 
option'' the following: ``, and task orders issued under any 
such contract,''.
    Sec. 741.  During fiscal year 2012, for each employee who--
            (1) retires under section 8336(d)(2) or 
        8414(b)(1)(B) of title 5, United States Code, or
            (2) retires under any other provision of subchapter 
        III of chapter 83 or chapter 84 of such title 5 and 
        receives a payment as an incentive to separate, the 
        separating agency shall remit to the Civil Service 
        Retirement and Disability Fund an amount equal to the 
        Office of Personnel Management's average unit cost of 
        processing a retirement claim for the preceding fiscal 
        year. Such amounts shall be available until expended to 
        the Office of Personnel Management and shall be deemed 
        to be an administrative expense under section 
        8348(a)(1)(B) of title 5, United States Code.
    Sec. 742.  Except as expressly provided otherwise, any 
reference to ``this Act'' contained in any title other than 
title IV or VIII shall not apply to such title IV or VIII.
    Sec. 743. (a) None of the funds made available in this or 
any other Act may be used to recommend or require any entity 
submitting an offer for a Federal contract to disclose any of 
the following information as a condition of submitting the 
offer:
            (1) Any payment consisting of a contribution, 
        expenditure, independent expenditure, or disbursement 
        for an electioneering communication that is made by the 
        entity, its officers or directors, or any of its 
        affiliates or subsidiaries to a candidate for election 
        for Federal office or to a political committee, or that 
        is otherwise made with respect to any election for 
        Federal office.
            (2) Any disbursement of funds (other than a payment 
        described in paragraph (1)) made by the entity, its 
        officers or directors, or any of its affiliates or 
        subsidiaries to any person with the intent or the 
        reasonable expectation that the person will use the 
        funds to make a payment described in paragraph (1).
    (b) In this section, each of the terms ``contribution'', 
``expenditure'', ``independent expenditure'', ``electioneering 
communication'', ``candidate'', ``election'', and ``Federal 
office'' has the meaning given such term in the Federal 
Election Campaign Act of 1971 (2 U.S.C. 431 et seq.).
      Sec. 744. Notwithstanding any other provision of law, 
until September 30, 2013, of the amounts made available for 
information technology investments under the heading 
``Independent Agencies, Commodity Futures Trading Commission'' 
in the Agriculture, Rural Development, Food and Drug 
Administration, and Related Agencies Appropriations Act, 2012 
(division A of Public Law 112-55), the Chairman of the 
Commodity Futures Trading Commission may transfer not to exceed 
$10,000,000 under such heading for salaries and expenses of 
such Commission: Provided, That any transfer pursuant to this 
section shall be subject to the notification procedures set 
forth in section 730 of such Act with respect to a 
reprogramming of funds and shall not be available for 
obligation or expenditure except in compliance with such 
procedures.

                               TITLE VIII

                GENERAL PROVISIONS--DISTRICT OF COLUMBIA

                     (including transfer of funds)

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

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

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

                                TITLE I

                 DEPARTMENTAL MANAGEMENT AND OPERATIONS

            Office of the Secretary and Executive Management

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

              Office of the Under Secretary for Management

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

                 Office of the Chief Financial Officer

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

                Office of the Chief Information Officer

    For necessary expenses of the Office of the Chief 
Information Officer, as authorized by section 103 of the 
Homeland Security Act of 2002 (6 U.S.C. 113), and Department-
wide technology investments, $257,300,000; of which 
$105,500,000 shall be available for salaries and expenses; and 
of which $151,800,000, to remain available until September 30, 
2014, shall be available for development and acquisition of 
information technology equipment, software, services, and 
related activities for the Department of Homeland Security:  
Provided, That the Department of Homeland Security Chief 
Information Officer shall submit to the Committees on 
Appropriations of the Senate and the House of Representatives, 
at the time that the President's budget is submitted each year 
under section 1105(a) of title 31, United States Code, a multi-
year investment and management plan, to include each of fiscal 
years 2012 through 2015, for all information technology 
acquisition projects funded under this heading or funded by 
multiple components of the Department of Homeland Security 
through reimbursable agreements, that includes--
            (1) the proposed appropriations included for each 
        project and activity tied to mission requirements, 
        program management capabilities, performance levels, 
        and specific capabilities and services to be delivered;
            (2) the total estimated cost and projected timeline 
        of completion for all multi-year enhancements, 
        modernizations, and new capabilities that are proposed 
        in such budget or underway;
            (3) a detailed accounting of operations and 
        maintenance and contractor services costs; and
            (4) a current acquisition program baseline for each 
        project, that--
                    (A) notes and explains any deviations in 
                cost, performance parameters, schedule, or 
                estimated date of completion from the original 
                acquisition program baseline;
                    (B) aligns the acquisition programs covered 
                by the baseline to mission requirements by 
                defining existing capabilities, identifying 
                known capability gaps between such existing 
                capabilities and stated mission requirements, 
                and explaining how each increment will address 
                such known capability gaps; and
                    (C) defines life-cycle costs for such 
                programs.

                        Analysis and Operations

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

                      Office of Inspector General

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

                                TITLE II

               SECURITY, ENFORCEMENT, AND INVESTIGATIONS

                   U.S. Customs and Border Protection

                         salaries and expenses

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

                        automation modernization

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

        border security fencing, infrastructure, and technology

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

 air and marine interdiction, operations, maintenance, and procurement

    For necessary expenses for the operations, maintenance, and 
procurement of marine vessels, aircraft, unmanned aircraft 
systems, and other related equipment of the air and marine 
program, including operational training and mission-related 
travel, the operations of which include the following: the 
interdiction of narcotics and other goods; the provision of 
support to Federal, State, and local agencies in the 
enforcement or administration of laws enforced by the 
Department of Homeland Security; and, at the discretion of the 
Secretary of Homeland Security, the provision of assistance to 
Federal, State, and local agencies in other law enforcement and 
emergency humanitarian efforts, $503,966,000, to remain 
available until September 30, 2014:  Provided, That no aircraft 
or other related equipment, with the exception of aircraft that 
are one of a kind and have been identified as excess to U.S. 
Customs and Border Protection requirements and aircraft that 
have been damaged beyond repair, shall be transferred to any 
other Federal agency, department, or office outside of the 
Department of Homeland Security during fiscal year 2012 without 
the prior approval of the Committees on Appropriations of the 
Senate and the House of Representatives:  Provided further, 
That the Secretary of Homeland Security shall report to the 
Committees on Appropriations of the Senate and the House of 
Representatives, not later than 90 days after the date of 
enactment of this Act, on the update to the 5-year strategic 
plan for the air and marine program directed in conference 
report 109-241 accompanying Public Law 109-90 that addresses 
missions, structure, operations, equipment, facilities, and 
resources including deployment and command and control 
requirements, and includes a recapitalization plan with 
milestones and funding, and a detailed staffing plan with 
associated costs to achieve full staffing to meet all mission 
requirements.

                 construction and facilities management

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

                U.S. Immigration and Customs Enforcement

                         salaries and expenses

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

                        automation modernization

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

                 Transportation Security Administration

                           aviation security

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

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

                    surface transportation security

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

           transportation threat assessment and credentialing

    For necessary expenses for the development and 
implementation of screening programs of the Office of 
Transportation Threat Assessment and Credentialing, 
$163,954,000, to remain available until September 30, 2013.

                    transportation security support

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

                          federal air marshals

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

                              Coast Guard

                           operating expenses

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

                environmental compliance and restoration

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

                            reserve training

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

              acquisition, construction, and improvements

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

Provided further, That the Secretary of Homeland Security shall 
ensure that amounts specified in the future-years capital 
investment plan are consistent, to the maximum extent 
practicable, with proposed appropriations necessary to support 
the programs, projects, and activities of the Coast Guard in 
the President's budget as submitted under section 1105(a) of 
title 31, United States Code, for that fiscal year:  Provided 
further, That any inconsistencies between the capital 
investment plan and proposed appropriations shall be identified 
and justified:  Provided further, That subsections (a) and (b) 
of section 6402 of Public Law 110-28 shall apply with respect 
to the amounts made available under this heading.

              research, development, test, and evaluation

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

                              retired pay

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

                      United States Secret Service

                         salaries and expenses

    For necessary expenses of the United States Secret Service, 
including purchase of not to exceed 652 vehicles for police-
type use for replacement only; hire of passenger motor 
vehicles; purchase of motorcycles made in the United States; 
hire of aircraft; services of expert witnesses at such rates as 
may be determined by the Director of the Secret Service; rental 
of buildings in the District of Columbia, and fencing, 
lighting, guard booths, and other facilities on private or 
other property not in Government ownership or control, as may 
be necessary to perform protective functions; payment of per 
diem or subsistence allowances to employees in cases in which a 
protective assignment on the actual day or days of the visit of 
a protectee requires an employee to work 16 hours per day or to 
remain overnight at a post of duty; conduct of and 
participation in firearms matches; presentation of awards; 
travel of United States Secret Service employees on protective 
missions without regard to the limitations on such expenditures 
in this or any other Act if approval is obtained in advance 
from the Committees on Appropriations of the Senate and the 
House of Representatives; research and development; grants to 
conduct behavioral research in support of protective research 
and operations; and payment in advance for commercial 
accommodations as may be necessary to perform protective 
functions; $1,661,237,000, of which not to exceed $21,250 shall 
be for official reception and representation expenses; of which 
not to exceed $100,000 shall be to provide technical assistance 
and equipment to foreign law enforcement organizations in 
counterfeit investigations; of which $2,366,000 shall be for 
forensic and related support of investigations of missing and 
exploited children; and of which $6,000,000 shall be for a 
grant for activities related to investigations of missing and 
exploited children and shall remain available until September 
30, 2013:  Provided, That up to $18,000,000 for protective 
travel shall remain available until September 30, 2013:  
Provided further, That up to $19,307,000 for National Special 
Security Events shall remain available until September 30, 
2013:  Provided further, That the United States Secret Service 
is authorized to obligate funds in anticipation of 
reimbursements from Federal agencies and entities, as defined 
in section 105 of title 5, United States Code, for personnel 
receiving training sponsored by the James J. Rowley Training 
Center, except that total obligations at the end of the fiscal 
year shall not exceed total budgetary resources available under 
this heading at the end of the fiscal year:  Provided further, 
That none of the funds made available under this heading shall 
be available to compensate any employee for overtime in an 
annual amount in excess of $35,000, except that the Secretary 
of Homeland Security, or the designee of the Secretary, may 
waive that amount as necessary for national security purposes:  
Provided further, That none of the funds made available to the 
United States Secret Service by this Act or by previous 
appropriations Acts may be made available for the protection of 
the head of a Federal agency other than the Secretary of 
Homeland Security:  Provided further, That the Director of the 
United States Secret Service may enter into an agreement to 
provide such protection on a fully reimbursable basis:  
Provided further, That of the total amount made available under 
this heading, $43,843,000, to remain available until September 
30, 2014, is for information integration and technology 
transformation:  Provided further, That $20,000,000 made 
available in the preceding proviso shall not be obligated to 
purchase or install information technology equipment until the 
Department of Homeland Security Chief Information Officer 
submits a report to the Committees on Appropriations of the 
Senate and the House of Representatives certifying that all 
plans for integration and transformation are consistent with 
Department of Homeland Security data center migration and 
enterprise architecture requirements:  Provided further, That 
none of the funds made available to the United States Secret 
Service by this Act or by previous appropriations Acts may be 
obligated for the purpose of opening a new permanent domestic 
or overseas office or location unless the Committees on 
Appropriations of the Senate and the House of Representatives 
are notified 15 days in advance of such obligation.

     acquisition, construction, improvements, and related expenses

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

                               TITLE III

            PROTECTION, PREPAREDNESS, RESPONSE, AND RECOVERY

              National Protection and Programs Directorate

                     management and administration

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

           infrastructure protection and information security

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

                       federal protective service

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

    united states visitor and immigrant status indicator technology

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

                        Office of Health Affairs

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

                  Federal Emergency Management Agency

                         salaries and expenses

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

                        state and local programs

                     (including transfer of funds)

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

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

                     firefighter assistance grants

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

                emergency management performance grants

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

              radiological emergency preparedness program

    The aggregate charges assessed during fiscal year 2012, as 
authorized in title III of the Departments of Veterans Affairs 
and Housing and Urban Development, and Independent Agencies 
Appropriations Act, 1999 (42 U.S.C. 5196e), shall not be less 
than 100 percent of the amounts anticipated by the Department 
of Homeland Security necessary for its radiological emergency 
preparedness program for the next fiscal year:  Provided, That 
the methodology for assessment and collection of fees shall be 
fair and equitable and shall reflect costs of providing such 
services, including administrative costs of collecting such 
fees:  Provided further, That fees received under this heading 
shall be deposited in this account as offsetting collections 
and will become available for authorized purposes on October 1, 
2012, and remain available until expended.

                   united states fire administration

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

                          disaster relief fund

                     (including transfer of funds)

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

            disaster assistance direct loan program account

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

             flood hazard mapping and risk analysis program

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

                     national flood insurance fund

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

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

                  national predisaster mitigation fund

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

                       emergency food and shelter

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

                                TITLE IV

            RESEARCH AND DEVELOPMENT, TRAINING, AND SERVICES

           United States Citizenship and Immigration Services

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

                Federal Law Enforcement Training Center

                         salaries and expenses

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

     acquisitions, construction, improvements, and related expenses

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

                         Science and Technology

                     management and administration

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

           research, development, acquisition, and operations

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

                   Domestic Nuclear Detection Office

                     management and administration

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

                 research, development, and operations

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

                          systems acquisition

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

                                TITLE V

                           GENERAL PROVISIONS

    Sec. 501.  No part of any appropriation contained in this 
Act shall remain available for obligation beyond the current 
fiscal year unless expressly so provided herein.
    Sec. 502.  Subject to the requirements of section 503 of 
this Act, the unexpended balances of prior appropriations 
provided for activities in this Act may be transferred to 
appropriation accounts for such activities established pursuant 
to this Act, may be merged with funds in the applicable 
established accounts, and thereafter may be accounted for as 
one fund for the same time period as originally enacted.
    Sec. 503. (a) None of the funds provided by this Act, 
provided by previous appropriations Acts to the agencies in or 
transferred to the Department of Homeland Security that remain 
available for obligation or expenditure in fiscal year 2012, or 
provided from any accounts in the Treasury of the United States 
derived by the collection of fees available to the agencies 
funded by this Act, shall be available for obligation or 
expenditure through a reprogramming of funds that:
            (1) creates a new program, project, or activity;
            (2) eliminates a program, project, office, or 
        activity;
            (3) increases funds for any program, project, or 
        activity for which funds have been denied or restricted 
        by the Congress;
            (4) proposes to use funds directed for a specific 
        activity by either of the Committees on Appropriations 
        of the Senate or the House of Representatives for a 
        different purpose; or
            (5) contracts out any function or activity for 
        which funding levels were requested for Federal full-
        time equivalents in the object classification tables 
        contained in the fiscal year 2012 Budget Appendix for 
        the Department of Homeland Security, as modified by the 
        joint explanatory statement accompanying this Act, 
        unless the Committees on Appropriations of the Senate 
        and the House of Representatives are notified 15 days 
        in advance of such reprogramming of funds.
    (b) None of the funds provided by this Act, provided by 
previous appropriations Acts to the agencies in or transferred 
to the Department of Homeland Security that remain available 
for obligation or expenditure in fiscal year 2012, or provided 
from any accounts in the Treasury of the United States derived 
by the collection of fees or proceeds available to the agencies 
funded by this Act, shall be available for obligation or 
expenditure for programs, projects, or activities through a 
reprogramming of funds in excess of $5,000,000 or 10 percent, 
whichever is less, that:
            (1) augments existing programs, projects, or 
        activities;
            (2) reduces by 10 percent funding for any existing 
        program, project, or activity, or reduces the numbers 
        of personnel by 10 percent as approved by the Congress; 
        or
            (3) results from any general savings from a 
        reduction in personnel that would result in a change in 
        existing programs, projects, or activities as approved 
        by the Congress, unless the Committees on 
        Appropriations of the Senate and the House of 
        Representatives are notified 15 days in advance of such 
        reprogramming of funds.
    (c) Not to exceed 5 percent of any appropriation made 
available for the current fiscal year for the Department of 
Homeland Security by this Act or provided by previous 
appropriations Acts may be transferred between such 
appropriations, but no such appropriation, except as otherwise 
specifically provided, shall be increased by more than 10 
percent by such transfers:  Provided, That any transfer under 
this section shall be treated as a reprogramming of funds under 
subsection (b) and shall not be available for obligation unless 
the Committees on Appropriations of the Senate and the House of 
Representatives are notified 15 days in advance of such 
transfer.
    (d) Notwithstanding subsections (a), (b), and (c) of this 
section, no funds shall be reprogrammed within or transferred 
between appropriations after June 30, except in extraordinary 
circumstances that imminently threaten the safety of human life 
or the protection of property.
    (e) The notification thresholds and procedures set forth in 
this section shall apply to any use of deobligated balances of 
funds provided in previous Department of Homeland Security 
Appropriations Acts.
    Sec. 504.  The Department of Homeland Security Working 
Capital Fund, established pursuant to section 403 of Public Law 
103-356 (31 U.S.C. 501 note), shall continue operations as a 
permanent working capital fund for fiscal year 2012:  Provided, 
That none of the funds appropriated or otherwise made available 
to the Department of Homeland Security may be used to make 
payments to the Working Capital Fund, except for the activities 
and amounts allowed in the President's fiscal year 2012 budget: 
 Provided further, That funds provided to the Working Capital 
Fund shall be available for obligation until expended to carry 
out the purposes of the Working Capital Fund:  Provided 
further, That all departmental components shall be charged only 
for direct usage of each Working Capital Fund service:  
Provided further, That funds provided to the Working Capital 
Fund shall be used only for purposes consistent with the 
contributing component:  Provided further, That the Working 
Capital Fund shall be paid in advance or reimbursed at rates 
which will return the full cost of each service:  Provided 
further, That the Working Capital Fund shall be subject to the 
requirements of section 503 of this Act.
    Sec. 505.  Except as otherwise specifically provided by 
law, not to exceed 50 percent of unobligated balances remaining 
available at the end of fiscal year 2012 from appropriations 
for salaries and expenses for fiscal year 2012 in this Act 
shall remain available through September 30, 2013, in the 
account and for the purposes for which the appropriations were 
provided:  Provided, That prior to the obligation of such 
funds, a request shall be submitted to the Committees on 
Appropriations of the Senate and the House of Representatives 
for approval in accordance with section 503 of this Act.
    Sec. 506.  Funds made available by this Act for 
intelligence activities are deemed to be specifically 
authorized by the Congress for purposes of section 504 of the 
National Security Act of 1947 (50 U.S.C. 414) during fiscal 
year 2012 until the enactment of an Act authorizing 
intelligence activities for fiscal year 2012.
    Sec. 507. (a) Except as provided in subsections (b) and 
(c), none of the funds made available by this Act may be used 
to--
            (1) make or award a grant allocation, grant, 
        contract, other transaction agreement, task or delivery 
        order on a Department of Homeland Security multiple 
        award contract, or to issue a letter of intent totaling 
        in excess of $1,000,000;
            (2) award a task or delivery order requiring an 
        obligation of funds in an amount greater than 
        $10,000,000 from multi-year Department of Homeland 
        Security funds or a task or delivery order that would 
        cause cumulative obligations of multi-year funds in a 
        single account to exceed 50 percent of the total amount 
        appropriated; or
            (3) announce publicly the intention to make or 
        award items under paragraph (1) or (2), including a 
        contract covered by the Federal Acquisition Regulation.
    (b) The Secretary of Homeland Security may waive the 
prohibition under subsection (a) if the Secretary notifies the 
Committees on Appropriations of the Senate and the House of 
Representatives at least 3 full business days in advance of 
making an award or issuing a letter as described in that 
subsection.
    (c) If the Secretary of Homeland Security determines that 
compliance with this section would pose a substantial risk to 
human life, health, or safety, an award may be made without 
notification, and the Secretary shall notify the Committees on 
Appropriations of the Senate and the House of Representatives 
not later than 5 full business days after such an award is made 
or letter issued.
    (d) A notification under this section--
            (1) may not involve funds that are not available 
        for obligation; and
            (2) shall include the amount of the award, the 
        fiscal year for which the funds for the award were 
        appropriated, and the account from which the funds are 
        being drawn.
    (e) The Administrator of the Federal Emergency Management 
Agency shall brief the Committees on Appropriations of the 
Senate and the House of Representatives 5 full business days in 
advance of announcing publicly the intention of making an award 
under ``State and Local Programs''.
    Sec. 508.  Notwithstanding any other provision of law, no 
agency shall purchase, construct, or lease any additional 
facilities, except within or contiguous to existing locations, 
to be used for the purpose of conducting Federal law 
enforcement training without the advance approval of the 
Committees on Appropriations of the Senate and the House of 
Representatives, except that the Federal Law Enforcement 
Training Center is authorized to obtain the temporary use of 
additional facilities by lease, contract, or other agreement 
for training that cannot be accommodated in existing Center 
facilities.
    Sec. 509.  None of the funds appropriated or otherwise made 
available by this Act may be used for expenses for any 
construction, repair, alteration, or acquisition project for 
which a prospectus otherwise required under chapter 33 of title 
40, United States Code, has not been approved, except that 
necessary funds may be expended for each project for required 
expenses for the development of a proposed prospectus.
    Sec. 510.  Sections 520, 522, and 530, of the Department of 
Homeland Security Appropriations Act, 2008 (division E of 
Public Law 110-161; 121 Stat. 2073 and 2074) shall apply with 
respect to funds made available in this Act in the same manner 
as such sections applied to funds made available in that Act.
    Sec. 511.  None of the funds made available in this Act may 
be used in contravention of the applicable provisions of the 
Buy American Act (41 U.S.C. 10a et seq.).
    Sec. 512.  None of the funds made available in this Act may 
be used by any person other than the Privacy Officer appointed 
under subsection (a) of section 222 of the Homeland Security 
Act of 2002 (6 U.S.C. 142(a)) to alter, direct that changes be 
made to, delay, or prohibit the transmission to Congress of any 
report prepared under paragraph (6) of such subsection.
    Sec. 513.  None of the funds made available in this Act may 
be used to amend the oath of allegiance required by section 337 
of the Immigration and Nationality Act (8 U.S.C. 1448).
    Sec. 514.  Within 45 days after the end of each month, the 
Chief Financial Officer of the Department of Homeland Security 
shall submit to the Committees on Appropriations of the Senate 
and the House of Representatives a monthly budget and staffing 
report for that month that includes total obligations, on-board 
versus funded full-time equivalent staffing levels, and the 
number of contract employees for each office of the Department.
    Sec. 515.  None of the funds appropriated by this Act may 
be used to process or approve a competition under Office of 
Management and Budget Circular A-76 for services provided as of 
June 1, 2004, by employees (including employees serving on a 
temporary or term basis) of United States Citizenship and 
Immigration Services of the Department of Homeland Security who 
are known as of that date as Immigration Information Officers, 
Contact Representatives, or Investigative Assistants.
    Sec. 516.  Except as provided in section 44945 of title 49, 
United States Code, funds appropriated or transferred to 
Transportation Security Administration ``Aviation Security'', 
``Administration'', and ``Transportation Security Support'' for 
fiscal years 2004 and 2005 that are recovered or deobligated 
shall be available only for the procurement or installation of 
explosives detection systems, air cargo, baggage, and 
checkpoint screening systems, subject to notification:  
Provided, That quarterly reports shall be submitted to the 
Committees on Appropriations of the Senate and the House of 
Representatives on any funds that are recovered or deobligated.
    Sec. 517.  Any funds appropriated to Coast Guard 
``Acquisition, Construction, and Improvements'' for fiscal 
years 2002, 2003, 2004, 2005, and 2006 for the 110-123 foot 
patrol boat conversion that are recovered, collected, or 
otherwise received as the result of negotiation, mediation, or 
litigation, shall be available until expended for the Fast 
Response Cutter program.
    Sec. 518.  Section 532(a) of Public Law 109-295 (120 Stat. 
1384) is amended by striking ``2011'' and inserting ``2012''.
    Sec. 519.  The functions of the Federal Law Enforcement 
Training Center instructor staff shall be classified as 
inherently governmental for the purpose of the Federal 
Activities Inventory Reform Act of 1998 (31 U.S.C. 501 note).
    Sec. 520. (a) Except as provided in subsection (b), none of 
the funds appropriated in this or any other Act to the ``Office 
of the Secretary and Executive Management'', the ``Office of 
the Under Secretary for Management'', or the ``Office of the 
Chief Financial Officer'', may be obligated for a grant or 
contract funded under such headings by any means other than 
full and open competition.
    (b) Subsection (a) does not apply to obligation of funds 
for a contract awarded--
            (1) by a means that is required by a Federal 
        statute, including obligation for a purchase made under 
        a mandated preferential program, including the 
        AbilityOne Program, that is authorized under the 
        Javits-Wagner-O'Day Act (41 U.S.C. 46 et seq.);
            (2) pursuant to the Small Business Act (15 U.S.C. 
        631 et seq.);
            (3) in an amount less than the simplified 
        acquisition threshold described under section 302A(a) 
        of the Federal Property and Administrative Services Act 
        of 1949 (41 U.S.C. 252a(a)); or
            (4) by another Federal agency using funds provided 
        through an interagency agreement.
    (c)(1) Subject to paragraph (2), the Secretary of Homeland 
Security may waive the application of this section for the 
award of a contract in the interest of national security or if 
failure to do so would pose a substantial risk to human health 
or welfare.
    (2) Not later than 5 days after the date on which the 
Secretary of Homeland Security issues a waiver under this 
subsection, the Secretary shall submit notification of that 
waiver to the Committees on Appropriations of the Senate and 
the House of Representatives, including a description of the 
applicable contract to which the waiver applies and an 
explanation of why the waiver authority was used:  Provided, 
That the Secretary may not delegate the authority to grant such 
a waiver.
    (d) In addition to the requirements established by 
subsections (a), (b), and (c) of this section, the Inspector 
General of the Department of Homeland Security shall review 
departmental contracts awarded through means other than a full 
and open competition to assess departmental compliance with 
applicable laws and regulations:  Provided, That the Inspector 
General shall review selected contracts awarded in the previous 
fiscal year through means other than a full and open 
competition:  Provided further, That in selecting which 
contracts to review, the Inspector General shall consider the 
cost and complexity of the goods and services to be provided 
under the contract, the criticality of the contract to 
fulfilling Department missions, past performance problems on 
similar contracts or by the selected vendor, complaints 
received about the award process or contractor performance, and 
such other factors as the Inspector General deems relevant:  
Provided further, That the Inspector General shall report the 
results of the reviews to the Committees on Appropriations of 
the Senate and the House of Representatives no later than 
February 6, 2012.
    Sec. 521.  None of the funds provided by this or previous 
appropriations Acts shall be used to fund any position 
designated as a Principal Federal Official (or the successor 
thereto) for any Robert T. Stafford Disaster Relief and 
Emergency Assistance Act (42 U.S.C. 5121 et seq.) declared 
disasters or emergencies unless--
            (1) The responsibilities of the Principal Federal 
        Official do not include operational functions related 
        to incident management, including coordination of 
        operations, and are consistent with the requirements of 
        subsection 509(c) and subsections 503(c)(3) and 
        (c)(4)(A) of the Homeland Security Act of 2002 (6 
        U.S.C. 319(c) and 313(c)(3) and (c)(4)(A)) and section 
        302 of the Robert T. Stafford Disaster Relief and 
        Assistance Act (42 U.S.C. 5143);
            (2) Not later than 10 business days after the 
        latter of the date on which the Secretary of Homeland 
        Security appoints the Principal Federal Official and 
        the date on which the President issues a declaration 
        under section 401 or section 501 of the Robert T. 
        Stafford Disaster Relief and Emergency Assistance Act 
        (42 U.S.C. 5170 and 5191, respectively), the Secretary 
        of Homeland Security shall submit a notification of the 
        appointment of the Principal Federal Official and a 
        description of the responsibilities of such Official 
        and how such responsibilities are consistent with 
        paragraph (1) to the Committees on Appropriations of 
        the Senate and the House of Representatives, the 
        Transportation and Infrastructure Committee of the 
        House of Representatives, and the Homeland Security and 
        Governmental Affairs Committee of the Senate; and
            (3) Not later than 60 days after the date of 
        enactment of this Act, the Secretary shall provide a 
        report specifying timeframes and milestones regarding 
        the update of operations, planning and policy 
        documents, and training and exercise protocols, to 
        ensure consistency with paragraph (1) of this section.
    Sec. 522.  None of the funds made available in this or any 
other Act for fiscal years 2012 and thereafter may be used to 
enforce section 4025(1) of Public Law 108-458 unless the 
Administrator of the Transportation Security Administration 
reverses the determination of July 19, 2007, that butane 
lighters are not a significant threat to civil aviation 
security.
    Sec. 523.  None of the funds provided or otherwise made 
available in this Act shall be available to carry out section 
872 of the Homeland Security Act of 2002 (6 U.S.C. 452).
    Sec. 524.  Funds made available in this Act may be used to 
alter operations within the Civil Engineering Program of the 
Coast Guard nationwide, including civil engineering units, 
facilities design and construction centers, maintenance and 
logistics commands, and the Coast Guard Academy, except that 
none of the funds provided in this Act may be used to reduce 
operations within any Civil Engineering Unit unless 
specifically authorized by a statute enacted after the date of 
enactment of this Act.
    Sec. 525.  None of the funds made available in this Act may 
be used by United States Citizenship and Immigration Services 
to grant an immigration benefit unless the results of 
background checks required by law to be completed prior to the 
granting of the benefit have been received by United States 
Citizenship and Immigration Services, and the results do not 
preclude the granting of the benefit.
    Sec. 526.  None of the funds made available in this or any 
other Act for fiscal year 2012 and thereafter may be used to 
destroy or put out to pasture any horse or other equine 
belonging to any component or agency of the Department of 
Homeland Security that has become unfit for service, unless the 
trainer or handler is first given the option to take possession 
of the equine through an adoption program that has safeguards 
against slaughter and inhumane treatment.
    Sec. 527.  Section 831 of the Homeland Security Act of 2002 
(6 U.S.C. 391) is amended--
            (1) in subsection (a), by striking ``Until 
        September 30, 2011,'' and inserting ``Until September 
        30, 2012,'';
            (2) by striking subsection (b);
            (3) by redesignating subsections (c), (d), and (e) 
        as subsections (b), (c), and (d), respectively; and
            (4) in subsection (c)(1) (as redesignated by 
        paragraph (3) of this section), by striking ``September 
        30, 2011,'' and inserting ``September 30, 2012,''.
    Sec. 528.  The Secretary of Homeland Security shall require 
that all contracts of the Department of Homeland Security that 
provide award fees link such fees to successful acquisition 
outcomes (which outcomes shall be specified in terms of cost, 
schedule, and performance).
    Sec. 529.  Notwithstanding any other provision of law, none 
of the funds provided in this or any other Act shall be used to 
approve a waiver of the navigation and vessel-inspection laws 
pursuant to 46 U.S.C. 501(b) for the transportation of crude 
oil distributed from the Strategic Petroleum Reserve until the 
Secretary of Homeland Security, after consultation with the 
Secretaries of the Departments of Energy and Transportation and 
representatives from the United States flag maritime industry, 
takes adequate measures to ensure the use of United States flag 
vessels:  Provided, That the Secretary shall notify the 
Committees on Appropriations of the Senate and the House of 
Representatives, the Committee on Commerce, Science, and 
Transportation of the Senate, and the Committee on 
Transportation and Infrastructure of the House of 
Representatives within 48 hours of any request for waivers of 
navigation and vessel-inspection laws pursuant to 46 U.S.C. 
501(b).
    Sec. 530.  None of the funds made available to the Office 
of the Secretary and Executive Management under this Act may be 
expended for any new hires by the Department of Homeland 
Security that are not verified through the E-Verify Program as 
described in section 403(a) of the Illegal Immigration Reform 
and Immigrant Responsibility Act of 1996 (8 U.S.C. 1324a note).
    Sec. 531.  None of the funds in this Act shall be used to 
reduce the United States Coast Guard's Operations Systems 
Center mission or its government-employed or contract staff 
levels.
    Sec. 532.  None of the funds made available in this Act for 
U.S. Customs and Border Protection may be used to prevent an 
individual not in the business of importing a prescription drug 
(within the meaning of section 801(g) of the Federal Food, 
Drug, and Cosmetic Act) from importing a prescription drug from 
Canada that complies with the Federal Food, Drug, and Cosmetic 
Act:  Provided, That this section shall apply only to 
individuals transporting on their person a personal-use 
quantity of the prescription drug, not to exceed a 90-day 
supply:  Provided further, That the prescription drug may not 
be--
            (1) a controlled substance, as defined in section 
        102 of the Controlled Substances Act (21 U.S.C. 802); 
        or
            (2) a biological product, as defined in section 351 
        of the Public Health Service Act (42 U.S.C. 262).
    Sec. 533.  None of the funds appropriated by this Act may 
be used to conduct, or to implement the results of, a 
competition under Office of Management and Budget Circular A-76 
for activities performed with respect to the Coast Guard 
National Vessel Documentation Center.
    Sec. 534.  The Secretary of Homeland Security, in 
consultation with the Secretary of the Treasury, shall notify 
the Committees on Appropriations of the Senate and the House of 
Representatives of any proposed transfers of funds available 
under section 9703.1 (g)(4)(B) of title 31, United States Code 
(as added by Public Law 102-393) from the Department of the 
Treasury Forfeiture Fund to any agency within the Department of 
Homeland Security:  Provided, That none of the funds identified 
for such a transfer may be obligated until the Committees on 
Appropriations of the Senate and the House of Representatives 
approve the proposed transfers.
    Sec. 535.  None of the funds made available in this Act may 
be used for planning, testing, piloting, or developing a 
national identification card.
    Sec. 536.  If the Administrator of the Transportation 
Security Administration determines that an airport does not 
need to participate in the E-Verify Program as described in 
section 403(a) of the Illegal Immigration Reform and Immigrant 
Responsibility Act of 1996 (8 U.S.C. 1324a note), the 
Administrator shall certify to the Committees on Appropriations 
of the Senate and the House of Representatives that no security 
risks will result from such non-participation.
    Sec. 537. (a) Notwithstanding any other provision of this 
Act, except as provided in subsection (b), and 30 days after 
the date on which the President determines whether to declare a 
major disaster because of an event and any appeal is completed, 
the Administrator shall publish on the Web site of the Federal 
Emergency Management Agency a report regarding that decision 
that shall summarize damage assessment information used to 
determine whether to declare a major disaster.
    (b) The Administrator may redact from a report under 
subsection (a) any data that the Administrator determines would 
compromise national security.
    (c) In this section--
            (1) the term ``Administrator'' means the 
        Administrator of the Federal Emergency Management 
        Agency; and
            (2) the term ``major disaster'' has the meaning 
        given that term in section 102 of the Robert T. 
        Stafford Disaster Relief and Emergency Assistance Act 
        (42 U.S.C. 5122).
    Sec. 538. (a) Notwithstanding any other provision of law 
during fiscal year 2012 or any subsequent fiscal year, if the 
Secretary of Homeland Security determines that the National 
Bio- and Agro-defense Facility should be located at a site 
other than Plum Island, New York, the Secretary shall ensure 
that the Administrator of General Services sells through public 
sale all real and related personal property and transportation 
assets which support Plum Island operations, subject to such 
terms and conditions as may be necessary to protect Government 
interests and meet program requirements.
    (b) The proceeds of such sale described in subsection (a) 
shall be deposited as offsetting collections into the 
Department of Homeland Security Science and Technology 
``Research, Development, Acquisition, and Operations'' account 
and, subject to appropriation, shall be available until 
expended, for site acquisition, construction, and costs related 
to the construction of the National Bio- and Agro-defense 
Facility, including the costs associated with the sale, 
including due diligence requirements, necessary environmental 
remediation at Plum Island, and reimbursement of expenses 
incurred by the General Services Administration.
    Sec. 539.  Any official that is required by this Act to 
report or to certify to the Committees on Appropriations of the 
Senate and the House of Representatives may not delegate such 
authority to perform that act unless specifically authorized 
herein.
    Sec. 540.  Section 550(b) of the Department of Homeland 
Security Appropriations Act, 2007 (Public Law 109-295; 6 U.S.C. 
121 note), as amended by section 550 of the Department of 
Homeland Security Appropriations Act, 2010 (Public Law 111-83), 
is further amended by striking ``on October 4, 2011'' and 
inserting ``on October 4, 2012''.
    Sec. 541.  None of the funds appropriated or otherwise made 
available in this or any other Act may be used to transfer, 
release, or assist in the transfer or release to or within the 
United States, its territories, or possessions Khalid Sheikh 
Mohammed or any other detainee who--
            (1) is not a United States citizen or a member of 
        the Armed Forces of the United States; and
            (2) is or was held on or after June 24, 2009, at 
        the United States Naval Station, Guantanamo Bay, Cuba, 
        by the Department of Defense.
    Sec. 542.  None of the funds made available in this Act may 
be used for first-class travel by the employees of agencies 
funded by this Act in contravention of sections 301-10.122 
through 301.10-124 of title 41, Code of Federal Regulations.
    Sec. 543.  None of the funds made available in this Act may 
be used to propose or effect a disciplinary or adverse action, 
with respect to any Department of Homeland Security employee 
who engages regularly with the public in the performance of his 
or her official duties solely because that employee elects to 
utilize protective equipment or measures, including but not 
limited to surgical masks, N95 respirators, gloves, or hand-
sanitizers, where use of such equipment or measures is in 
accord with Department of Homeland Security policy, and Centers 
for Disease Control and Prevention and Office of Personnel 
Management guidance.
    Sec. 544.  None of the funds made available in this Act may 
be used to employ workers described in section 274A(h)(3) of 
the Immigration and Nationality Act (8 U.S.C. 1324a(h)(3)).
    Sec. 545. (a) Any company that collects or retains personal 
information directly from any individual who participates in 
the Registered Traveler program of the Transportation Security 
Administration shall safeguard and dispose of such information 
in accordance with the requirements in--
            (1) the National Institute for Standards and 
        Technology Special Publication 800-30, entitled ``Risk 
        Management Guide for Information Technology Systems'';
            (2) the National Institute for Standards and 
        Technology Special Publication 800-53, Revision 3, 
        entitled ``Recommended Security Controls for Federal 
        Information Systems and Organizations,''; and
            (3) any supplemental standards established by the 
        Administrator of the Transportation Security 
        Administration (referred to in this section as the 
        ``Administrator'').
    (b) The airport authority or air carrier operator that 
sponsors the company under the Registered Traveler program 
shall be known as the Sponsoring Entity.
    (c) The Administrator shall require any company covered by 
subsection (a) to provide, not later than 30 days after the 
date of enactment of this Act, to the Sponsoring Entity written 
certification that the procedures used by the company to 
safeguard and dispose of information are in compliance with the 
requirements under subsection (a). Such certification shall 
include a description of the procedures used by the company to 
comply with such requirements.
    Sec. 546.  For fiscal year 2012 and thereafter, for 
purposes of section 210C of the Homeland Security Act of 2002 
(6 U.S.C. 124j), a rural area shall also include any area that 
is located in a metropolitan statistical area and a county, 
borough, parish, or area under the jurisdiction of an Indian 
tribe with a population of not more than 50,000.
    Sec. 547.  Notwithstanding any other provision of this Act, 
none of the funds appropriated or otherwise made available by 
this Act may be used to pay award or incentive fees for 
contractor performance that has been judged to be below 
satisfactory performance or performance that does not meet the 
basic requirements of a contract.
    Sec. 548. (a) Not later than 180 days after the date of 
enactment of this Act, the Administrator of the Transportation 
Security Administration shall submit to the Committees on 
Appropriations of the Senate and the House of Representatives, 
a report that either--
            (1) certifies that the requirement for screening 
        all air cargo on passenger aircraft by the deadline 
        under section 44901(g) of title 49, United States Code, 
        has been met; or
            (2) includes a strategy to comply with the 
        requirements under title 44901(g) of title 49, United 
        States Code, including--
                    (A) a plan to meet the requirement under 
                section 44901(g) of title 49, United States 
                Code, to screen 100 percent of air cargo 
                transported on passenger aircraft arriving in 
                the United States in foreign air transportation 
                (as that term is defined in section 40102 of 
                that title); and
                    (B) specification of--
                            (i) the percentage of such air 
                        cargo that is being screened; and
                            (ii) the schedule for achieving 
                        screening of 100 percent of such air 
                        cargo.
    (b) The Administrator shall continue to submit reports 
described in subsection (a)(2) every 180 days thereafter until 
the Administrator certifies that the Transportation Security 
Administration has achieved screening of 100 percent of such 
air cargo.
    Sec. 549.  In developing any process to screen aviation 
passengers and crews for transportation or national security 
purposes, the Secretary of Homeland Security shall ensure that 
all such processes take into consideration such passengers' and 
crews' privacy and civil liberties consistent with applicable 
laws, regulations, and guidance.
    Sec. 550. (a) None of the funds made available in this Act 
may be obligated for construction of the National Bio- and 
Agro-defense Facility until the Department of Homeland 
Security--
            (1) completes 50 percent of design planning for the 
        National Bio- and Agro-defense Facility;
            (2) submits to the Committees on Appropriations of 
        the Senate and the House of Representatives a revised 
        site-specific biosafety and biosecurity mitigation risk 
        assessment that describes how to significantly reduce 
        risks of conducting essential research and diagnostic 
        testing at the National Bio- and Agro-defense Facility 
        and addresses shortcomings identified in the National 
        Academy of Sciences' evaluation of the initial site-
        specific biosafety and biosecurity mitigation risk 
        assessment; and
            (3) submits to the Committees on Appropriations of 
        the Senate and the House of Representatives the results 
        of the National Academy of Sciences' review of the risk 
        assessment as described in subsection (c).
    (b) The revised site-specific biosafety and biosecurity 
mitigation risk assessment required by subsection (a) shall--
            (1) include a quantitative risk assessment for 
        foot-and-mouth disease virus, in particular 
        epidemiological and economic impact modeling to 
        determine the overall risk of operating the facility 
        for its expected 50-year life span, taking into account 
        strategies to mitigate risk of foot-and-mouth disease 
        virus release from the laboratory and ensure safe 
        operations at the approved National Bio- and Agro-
        defense Facility site;
            (2) address the impact of surveillance, response, 
        and mitigation plans (developed in consultation with 
        local, State, and Federal authorities and appropriate 
        stakeholders) if a release occurs, to detect and 
        control the spread of disease; and
            (3) include overall risks of the most dangerous 
        pathogens the Department of Homeland Security expects 
        to hold in the National Bio- and Agro-defense 
        Facility's biosafety level 4 facility, and 
        effectiveness of mitigation strategies to reduce those 
        risks.
    (c) The Department of Homeland Security shall enter into a 
contract with the National Academy of Sciences to evaluate the 
adequacy and validity of the risk assessment required by 
subsection (a). The National Academy of Sciences shall submit a 
report on such evaluation within four months after the date the 
Department of Homeland Security concludes its risk assessment.
    Sec. 551. (a) Notwithstanding section 1356(n) of title 8, 
United States Code, of the funds deposited into the Immigration 
Examinations Fee Account, $10,000,000 shall be available to 
United States Citizenship and Immigration Services in fiscal 
year 2012 for the purpose of providing an immigrant integration 
grants program.
    (b) None of the funds made available to United States 
Citizenship and Immigration Services for grants for immigrant 
integration may be used to provide services to aliens who have 
not been lawfully admitted for permanent residence.
    Sec. 552.  For an additional amount for necessary expenses 
for reimbursement of the actual costs to State and local 
governments for providing emergency management, public safety, 
and security at events, as determined by the Administrator of 
the Federal Emergency Management Agency, related to the 
presence of a National Special Security Event, $7,500,000, to 
remain available until September 30, 2013.
    Sec. 553.  Notwithstanding the 10 percent limitation 
contained in section 503(c) of this Act, the Secretary of 
Homeland Security may transfer to the fund established by 8 
U.S.C. 1101 note, up to $20,000,000 from appropriations 
available to the Department of Homeland Security:  Provided, 
That the Secretary shall notify the Committees on 
Appropriations of the Senate and the House of Representatives 5 
days in advance of such transfer.
    Sec. 554.  The administrative law judge annuitants 
participating in the Senior Administrative Law Judge Program 
managed by the Director of the Office of Personnel Management 
under section 3323 of title 5, United States Code, shall be 
available on a temporary re-employment basis to conduct 
arbitrations of disputes as part of the arbitration panel 
established by the President under section 601 of division A of 
the American Recovery and Reinvestment Act of 2009 (Public Law 
111-5; 123 Stat. 164).
    Sec. 555.  None of the funds appropriated or otherwise made 
available by this Act may be used by the Department of Homeland 
Security to enter into any federal contract unless such 
contract is entered into in accordance with the requirements of 
the Federal Property and Administrative Services Act of 1949 
(41 U.S.C. 253) or Chapter 137 of title 10, United States Code, 
and the Federal Acquisition Regulation, unless such contract is 
otherwise authorized by statute to be entered into without 
regard to the above referenced statutes.
    Sec. 556. (a) For an additional amount for data center 
migration, $70,000,000.
    (b) Funds made available in subsection (a) for data center 
migration may be transferred by the Secretary of Homeland 
Security between appropriations for the same purpose, 
notwithstanding section 503 of this Act.
    (c) No transfer described in subsection (b) shall occur 
until 15 days after the Committees on Appropriations of the 
Senate and the House of Representatives are notified of such 
transfer.
    Sec. 557.  For fiscal year 2012 and thereafter, U.S. 
Customs and Border Protection's Advanced Training Center is 
authorized to charge fees for any service and/or thing of value 
it provides to Federal Government or non-government entities or 
individuals, so long as the fees charged do not exceed the full 
costs associated with the service or thing of value provided:  
Provided, That notwithstanding 31 U.S.C. 3302(b), fees 
collected by the Advanced Training Center are to be deposited 
into a separate account entitled ``Advanced Training Center 
Revolving Fund'', and be available, without further 
appropriations, for necessary expenses of the Advanced Training 
Center program, and are to remain available until expended.
    Sec. 558.  Section 559(e) of Public Law 111-83 is amended--
     (a) in the matter preceding the first proviso, by striking 
``law, sell'' and inserting ``law, hereafter sell''; and
    (b) in the first proviso--
            (1) by striking ``shall be deposited'' and 
        inserting ``shall hereafter be deposited''; and
            (2) by striking ``subject to appropriation,'' and 
        inserting ``without further appropriations,''.
    Sec. 559.  Notwithstanding any other provision of law, 
should the Secretary of Homeland Security determine that 
specific U.S. Immigration and Customs Enforcement Service 
Processing Centers or other U.S. Immigration and Customs 
Enforcement owned detention facilities no longer meet the 
mission need, the Secretary is authorized to dispose of 
individual Service Processing Centers or other U.S. Immigration 
and Customs Enforcement owned detention facilities by directing 
the Administrator of General Services to sell all real and 
related personal property which support Service Processing 
Centers or other U.S. Immigration and Customs Enforcement owned 
detention facilities, subject to such terms and conditions as 
necessary to protect Government interests and meet program 
requirements:  Provided, That the proceeds, net of the costs of 
sale incurred by the General Services Administration and U.S. 
Immigration and Customs Enforcement, shall be deposited as 
offsetting collections into a separate account that shall be 
available, subject to appropriation, until expended for other 
real property capital asset needs of existing U.S. Immigration 
and Customs Enforcement assets, excluding daily operations and 
maintenance costs, as the Secretary deems appropriate:  
Provided further, That any sale or collocation of federally 
owned detention facilities shall not result in the maintenance 
of fewer than 34,000 detention beds:  Provided further, That 
the Committees on Appropriations of the Senate and the House of 
Representatives shall be notified 15 days prior to the 
announcement of any proposed sale or collocation.
    Sec. 560.  For an additional amount for the ``Office of the 
Under Secretary for Management'', $55,979,000, to remain 
available until expended, for necessary expenses to plan, 
acquire, construct, renovate, remediate, equip, furnish, and 
occupy buildings and facilities for the consolidation of 
department headquarters at St. Elizabeths and associated 
mission support consolidation:  Provided, That the Committees 
on Appropriations of the Senate and the House of 
Representatives shall receive an expenditure plan not later 
than 90 days after the date of enactment of this Act detailing 
the allocation of these funds.
    Sec. 561.  None of the funds made available by this Act may 
be used to enforce the requirements in--
            (1) section 34(a)(1)(A) of the Federal Fire 
        Prevention and Control Act of 1974 (15 U.S.C. 
        2229(a)(1)(A));
            (2) section 34(a)(1)(B) of such Act;
            (3) section 34(c)(1) of such Act;
            (4) section 34(c)(2) of such Act;
            (5) section 34(c)(4)(A) of such Act; and
            (6) section 34(a)(1)(E) of such Act.
    Sec. 562.  Notwithstanding the requirement under section 
34(a)(1)(A) of the Federal Fire Prevention and Control Act of 
1974 (15 U.S.C. 2229a(a)(1)(A)) that grants must be used to 
increase the number of firefighters in fire departments, the 
Secretary of Homeland Security, in making grants under section 
34 of such Act using the funds appropriated for fiscal year 
2011, shall grant waivers from the requirements of subsections 
(a)(1)(B), (c)(1), (c)(2), and (c)(4)(A) of such section:  
Provided, That section 34(a)(1)(E) of such Act shall not apply 
with respect to funds appropriated for fiscal year 2011 for 
grants under section 34 of such Act:  Provided further, That 
the Secretary of Homeland Security, in making grants under 
section 34 of such Act, shall ensure that funds appropriated 
for fiscal year 2011 are made available for the hiring, 
rehiring, or retention of firefighters.
    Sec. 563.  For fiscal year 2012 and thereafter, 
notwithstanding section 1012(a)(5) of the Oil Pollution Act of 
1990 (33 U.S.C. 2712(a)(5)) and 31 U.S.C. 3302, in the event 
that a spill of national significance occurs, any payment of 
amounts from the Oil Spill Liability Trust Fund pursuant to 
section 1012(a)(1) of the Oil Pollution Act of 1990 (33 U.S.C. 
2712(a)(1)) for the removal costs incurred by the Coast Guard 
for such spill, shall be credited directly to the accounts of 
the Coast Guard current at the time such removal costs were 
incurred or when reimbursement is received:  Provided, That 
such amounts shall be merged with and, without further 
appropriations, made available for the same time period and the 
same purpose as the appropriation to which it is credited.
    Sec. 564. (a) Civil Penalties for Circumventing Security 
Screening.--Section 46301(a)(5)(A)(i) of title 49, United 
States Code, is amended--
            (1) by striking ``or chapter 449'' and inserting 
        ``chapter 449''; and
            (2) by inserting ``, or section 46314(a)'' after 
        ``44909)''.
    (b) Criminal Penalties for Circumventing Security 
Screening.--Section 46314(b)(2) of title 49, United States 
Code, is amended by inserting ``with intent to evade security 
procedures or restrictions or'' after ``of this section''.
    (c) Notice of Penalties.--Section 46314 of title 49, United 
States Code, is amended by adding at the end the following new 
subsection:
    ``(c) Notice of Penalties.--
            ``(1) In general.--Each operator of an airport in 
        the United States that is required to establish an air 
        transportation security program pursuant to section 
        44903(c) shall ensure that signs that meet such 
        requirements as the Secretary of Homeland Security may 
        prescribe providing notice of the penalties imposed 
        under section 46301(a)(5)(A)(i) and subsection (b) of 
        this section are displayed near all screening 
        locations, all locations where passengers exit the 
        sterile area, and such other locations at the airport 
        as the Secretary of Homeland Security determines 
        appropriate.
            ``(2) Effect of signs on penalties.--An individual 
        shall be subject to a penalty imposed under section 
        46301(a)(5)(A)(i) or subsection (b) of this section 
        without regard to whether signs are displayed at an 
        airport as required by paragraph (1).''.
    Sec. 565. (a) Short Title.--This section may be cited as 
the ``Disaster Assistance Recoupment Fairness Act of 2011''.
    (b) Debts Since 2005.--
            (1) Definition.--In this section, the term 
        ``covered assistance'' means assistance provided--
                    (A) under section 408 of the Robert T. 
                Stafford Disaster Relief and Emergency 
                Assistance Act (42 U.S.C. 5174); and
                    (B) in relation to a major disaster 
                declared by the President under section 401 of 
                the Robert T. Stafford Disaster Relief and 
                Emergency Assistance Act (42 U.S.C. 5170) 
                during the period beginning on August 28, 2005, 
                and ending on December 31, 2010.
            (2) Waiver authority.--The Administrator of the 
        Federal Emergency Management Agency--
                    (A) subject to subparagraph (B) and 
                paragraph (3), may waive a debt owed to the 
                United States related to covered assistance 
                provided to an individual or household if--
                            (i) the covered assistance was 
                        distributed based on an error by the 
                        Federal Emergency Management Agency;
                            (ii) there was no fault on behalf 
                        of the debtor; and
                            (iii) the collection of the debt 
                        would be against equity and good 
                        conscience; and
                    (B) may not waive a debt under subparagraph 
                (A) if the debt involves fraud, the 
                presentation of a false claim, or 
                misrepresentation by the debtor or any party 
                having an interest in the claim.
            (3) Presumption of repayment.--In determining 
        whether to waive a debt under paragraph (2), the 
        Administrator of the Federal Emergency Management 
        Agency shall presume that, if the adjusted gross income 
        (as defined under section 62 of the Internal Revenue 
        Code of 1986) of the household of the debtor for the 
        last taxable year ending in or with the calendar year 
        preceding the date on which the income is determined 
        exceeds $90,000, the debtor should be required to make 
        at least a partial payment on the debt.
            (4) Reporting.--Not later than 3 months after the 
        date of enactment of this Act, and every 3 months 
        thereafter until the date that is 18 months after the 
        date of enactment of this Act, the Inspector General of 
        the Department of Homeland Security shall submit a 
        report that assesses the cost-effectiveness of the 
        efforts of the Federal Emergency Management Agency to 
        recoup improper payments under the Individuals and 
        Household Program under section 408 of the Robert T. 
        Stafford Disaster Relief and Emergency Assistance Act 
        (42 U.S.C. 5174) to--
                    (A) the Committee on Homeland Security and 
                Governmental Affairs and the Subcommittee on 
                Homeland Security of the Committee on 
                Appropriations of the Senate; and
                    (B) the Committee on Homeland Security, the 
                Committee on Transportation and Infrastructure, 
                and the Subcommittee on Homeland Security of 
                the Committee on Appropriations of the House of 
                Representatives.
    Sec. 566. (a) Notwithstanding section 312 of the Robert T. 
Stafford Disaster Relief and Emergency Assistance Act and 
subject to subsection (b), recipients of Small Business 
Administration Disaster loans for disaster-related damage to 
their homes may be eligible for reimbursement at the discretion 
of the state, under Section 404 of that Act, for documented and 
eligible mitigation work performed on their home.
    (b) Limitations.--
            (1) Any reimbursement provided to or on behalf of a 
        homeowner pursuant to subsection (a) shall not exceed 
        the amount of the disaster loan that may be used and 
        was used for disaster mitigation activities; and
            (2) Subsection (a) shall only apply if the disaster 
        loan and assistance provided under section 404 were 
        made available in response to the same disaster 
        declaration.
            (3) Shall be applicable only to disasters declared 
        by the President under section 401 of the Robert T. 
        Stafford Disaster Relief and Emergency Assistance Act 
        (42 U.S.C. 5170) during the period beginning on August 
        28, 2005 and ending on August 28, 2006.
    (c) If a state chooses to use funds under section 404 to 
reimburse homeowners as provided in subsection (a), it shall 
make payments in the following order:
            (1) First, to the Small Business Administration on 
        behalf of the eligible homeowner for the purpose of 
        reducing, but not below zero, the homeowner's 
        outstanding debt obligation to the Small Business 
        Administration for the disaster loan; and
            (2) Second, any remaining reimbursement shall be 
        paid directly to the homeowner.
    Sec. 567.  None of the funds made available under this Act 
or any prior appropriations Act may be provided to the 
Association of Community Organizations for Reform Now (ACORN), 
or any of its affiliates, subsidiaries, or allied 
organizations.
    Sec. 568.  The Commissioner of U.S. Customs and Border 
Protection and the Assistant Secretary of Homeland Security for 
U.S. Immigration and Customs Enforcement each shall submit to 
the Committees on Appropriations of the Senate and the House of 
Representatives with the congressional budget justification, a 
multi-year investment and management plan, to include each year 
starting with the current fiscal year and the 3 subsequent 
fiscal years, for their respective Offices of Information 
Technology to include for that office--
            (1) the funding level by source for all funds to be 
        executed;
            (2) the funding included for each project and 
        activity tied to mission requirements, program 
        management capabilities, performance levels, and 
        specific capabilities and services to be delivered;
            (3) the total estimated cost and projected timeline 
        of completion for all multi-year enhancements, 
        modernizations, and new capabilities proposed in the 
        current fiscal year or underway; and
            (4) a detailed accounting of operation and 
        maintenance costs.
    Sec. 569.  The Secretary of Homeland Security shall ensure 
enforcement of immigration laws (as defined in section 
101(a)(17) of the Immigration and Nationality Act (8 U.S.C. 
1101(a)(17))).

                             (rescissions)

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

                             (rescissions)

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

                             (rescissions)

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

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

                                TITLE I

                       DEPARTMENT OF THE INTERIOR

                       Bureau of Land Management

                   management of lands and resources

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

                              construction

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

                            land acquisition

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

                   oregon and california grant lands

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

                           range improvements

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

               service charges, deposits, and forfeitures

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

                       miscellaneous trust funds

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

                       administrative provisions

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

                United States Fish and Wildlife Service

                          resource management

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

                              construction

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

                            land acquisition

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

            cooperative endangered species conservation fund

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

                     national wildlife refuge fund

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

               north american wetlands conservation fund

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

                neotropical migratory bird conservation

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

                multinational species conservation fund

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

                    state and tribal wildlife grants

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

                       administrative provisions

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

                         National Park Service

                 operation of the national park system

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

                  national recreation and preservation

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

                       historic preservation fund

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

                              construction

                    (including rescission of funds)

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

                    land and water conservation fund

                              (rescission)

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

                 land acquisition and state assistance

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

                       administrative provisions

                     (including transfer of funds)

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

                    United States Geological Survey

                 surveys, investigations, and research

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

                       administrative provisions

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

                   Bureau of Ocean Energy Management

                        ocean energy management

    For expenses necessary for granting leases, easements, 
rights-of-way and agreements for use for oil and gas, other 
minerals, energy, and marine-related purposes on the Outer 
Continental Shelf and approving operations related thereto, as 
authorized by law; for environmental studies, as authorized by 
law; for implementing other laws to the extent provided by 
Presidential or Secretarial delegation; and for matching grants 
or cooperative agreements, $59,792,000, to remain available 
until September 30, 2013; and an amount not to exceed 
$101,082,000, to be credited to this appropriation and to 
remain available until expended, from additions to receipts 
resulting from increases to rates in effect on August 5, 1993, 
that are collected and disbursed by the Secretary, and from 
cost recovery fees from activities conducted by the Bureau of 
Ocean Energy Management pursuant to the Outer Continental Shelf 
Lands Act, including studies, assessments, analysis, and 
miscellaneous administrative activities:  Provided, That 
notwithstanding 31 U.S.C. 3302, in fiscal year 2012, such 
amounts as are assessed under 31 U.S.C. 9701 shall be collected 
and credited to this account and shall be available until 
expended for necessary expenses:  Provided further, That to the 
extent $101,082,000 in addition to receipts are not realized 
from the sources of receipts stated above, the amount needed to 
reach $101,082,000 shall be credited to this appropriation from 
receipts resulting from rental rates for Outer Continental 
Shelf leases in effect before August 5, 1993:  Provided 
further, That for fiscal year 2012 and each fiscal year 
thereafter, the term ``qualified Outer Continental Shelf 
revenues'', as defined in section 102(9)(A) of the Gulf of 
Mexico Energy Security Act, division C of Public Law 109-432, 
shall include only the portion or rental revenues that would 
have been collected by the Secretary at the rental rates in 
effect before August 5, 1993:  Provided further, That not to 
exceed $3,000 shall be available for reasonable expenses 
related to promoting volunteer beach and marine cleanup 
activities.

             Bureau of Safety and Environmental Enforcement

             offshore safety and environmental enforcement

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

                           oil spill research

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

          Office of Surface Mining Reclamation and Enforcement

                       regulation and technology

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

                    abandoned mine reclamation fund

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

                        administrative provision

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

        Bureau of Indian Affairs and Bureau of Indian Education

                      operation of indian programs

                     (including transfer of funds)

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

                              construction

                     (including transfer of funds)

    For construction, repair, improvement, and maintenance of 
irrigation and power systems, buildings, utilities, and other 
facilities, including architectural and engineering services by 
contract; acquisition of lands, and interests in lands; and 
preparation of lands for farming, and for construction of the 
Navajo Indian Irrigation Project pursuant to Public Law 87-483, 
$123,828,000, to remain available until expended:  Provided, 
That such amounts as may be available for the construction of 
the Navajo Indian Irrigation Project may be transferred to the 
Bureau of Reclamation:  Provided further, That not to exceed 6 
percent of contract authority available to the Bureau of Indian 
Affairs from the Federal Highway Trust Fund may be used to 
cover the road program management costs of the Bureau:  
Provided further, That any funds provided for the Safety of 
Dams program pursuant to 25 U.S.C. 13 shall be made available 
on a nonreimbursable basis:  Provided further, That for fiscal 
year 2012, in implementing new construction or facilities 
improvement and repair project grants in excess of $100,000 
that are provided to grant schools under Public Law 100-297, as 
amended, the Secretary of the Interior shall use the 
Administrative and Audit Requirements and Cost Principles for 
Assistance Programs contained in 43 CFR part 12 as the 
regulatory requirements:  Provided further, That such grants 
shall not be subject to section 12.61 of 43 CFR; the Secretary 
and the grantee shall negotiate and determine a schedule of 
payments for the work to be performed:  Provided further, That 
in considering grant applications, the Secretary shall consider 
whether such grantee would be deficient in assuring that the 
construction projects conform to applicable building standards 
and codes and Federal, tribal, or State health and safety 
standards as required by 25 U.S.C. 2005(b), with respect to 
organizational and financial management capabilities:  Provided 
further, That if the Secretary declines a grant application, 
the Secretary shall follow the requirements contained in 25 
U.S.C. 2504(f):  Provided further, That any disputes between 
the Secretary and any grantee concerning a grant shall be 
subject to the disputes provision in 25 U.S.C. 2507(e):  
Provided further, That in order to ensure timely completion of 
construction projects, the Secretary may assume control of a 
project and all funds related to the project, if, within 18 
months of the date of enactment of this Act, any grantee 
receiving funds appropriated in this Act or in any prior Act, 
has not completed the planning and design phase of the project 
and commenced construction:  Provided further, That this 
appropriation may be reimbursed from the Office of the Special 
Trustee for American Indians appropriation for the appropriate 
share of construction costs for space expansion needed in 
agency offices to meet trust reform implementation.

 indian land and water claim settlements and miscellaneous payments to 
                                indians

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

                 indian guaranteed loan program account

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

                       administrative provisions

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

                          Departmental Offices

                        Office of the Secretary

                        departmental operations

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

                            Insular Affairs

                       assistance to territories

    For expenses necessary for assistance to territories under 
the jurisdiction of the Department of the Interior and other 
jurisdictions identified in section 104(e) of Public Law 108-
188, $87,997,000, of which: (1) $78,517,000 shall remain 
available until expended for territorial assistance, including 
general technical assistance, maintenance assistance, disaster 
assistance, insular management controls, coral reef initiative 
activities, and brown tree snake control and research; grants 
to the judiciary in American Samoa for compensation and 
expenses, as authorized by law (48 U.S.C. 1661(c)); grants to 
the Government of American Samoa, in addition to current local 
revenues, for construction and support of governmental 
functions; grants to the Government of the Virgin Islands as 
authorized by law; grants to the Government of Guam, as 
authorized by law; and grants to the Government of the Northern 
Mariana Islands as authorized by law (Public Law 94-241; 90 
Stat. 272); and (2) $9,480,000 shall be available until 
September 30, 2013 for salaries and expenses of the Office of 
Insular Affairs:  Provided, That all financial transactions of 
the territorial and local governments herein provided for, 
including such transactions of all agencies or 
instrumentalities established or used by such governments, may 
be audited by the Government Accountability Office, at its 
discretion, in accordance with chapter 35 of title 31, United 
States Code:  Provided further, That Northern Mariana Islands 
Covenant grant funding shall be provided according to those 
terms of the Agreement of the Special Representatives on Future 
United States Financial Assistance for the Northern Mariana 
Islands approved by Public Law 104-134:  Provided further, That 
the funds for the program of operations and maintenance 
improvement are appropriated to institutionalize routine 
operations and maintenance improvement of capital 
infrastructure with territorial participation and cost sharing 
to be determined by the Secretary based on the grantee's 
commitment to timely maintenance of its capital assets:  
Provided further, That any appropriation for disaster 
assistance under this heading in this Act or previous 
appropriations Acts may be used as non-Federal matching funds 
for the purpose of hazard mitigation grants provided pursuant 
to section 404 of the Robert T. Stafford Disaster Relief and 
Emergency Assistance Act (42 U.S.C. 5170c).

                      compact of free association

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

                       Administrative Provisions

                     (including transfer of funds)

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

                        Office of the Solicitor

                         salaries and expenses

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

                      Office of Inspector General

                         salaries and expenses

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

           Office of the Special Trustee for American Indians

                         federal trust programs

                     (including transfer of funds)

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

                        Department-wide Programs

                        wildland fire management

             (including transfers and rescission of funds)

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

                flame wildfire suppression reserve fund

                     (including transfer of funds)

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

                    central hazardous materials fund

    For necessary expenses of the Department of the Interior 
and any of its component offices and bureaus for the response 
action, including associated activities, performed pursuant to 
the Comprehensive Environmental Response, Compensation, and 
Liability Act, as amended (42 U.S.C. 9601 et seq.), 
$10,149,000, to remain available until expended.

           natural resource damage assessment and restoration

                natural resource damage assessment fund

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

                          working capital fund

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

                        administrative provision

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

             General Provisions, Department of the Interior

                     (including transfers of funds)

               emergency transfer authority--intra-bureau

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

             emergency transfer authority--department-wide

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

                        authorized use of funds

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

            authorized use of funds, indian trust management

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

           redistribution of funds, bureau of indian affairs

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

                            payment of fees

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

                    everglades ecosystem restoration

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

                 ellis, governors, and liberty islands

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

                outer continental shelf inspection fees

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

                  oil and gas leasing internet program

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

                         indian probate judges

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

     bureau of ocean energy management, regulation and enforcement 
                             reorganization

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

                authorized use of indian education funds

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

  contracts and agreements for wild horse and burro holding facilities

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

              bureau of indian education operated schools

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

                        authorized use of funds

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

                       mass marking of salmonids

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

                      prohibition on use of funds

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

                    yukon-charley national preserve

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

                           republic of palau

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

                           hiring authorities

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

  bureau of land management actions regarding grazing on public lands

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

                  trailing livestock over public land

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

                           lease authorization

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

                     wild lands funding prohibition

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

                                TITLE II

                    ENVIRONMENTAL PROTECTION AGENCY

                         Science and Technology

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

                 Environmental Programs and Management

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

                      Office of Inspector General

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

                        Buildings and Facilities

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

                     Hazardous Substance Superfund

                     (including transfers of funds)

    For necessary expenses to carry out the Comprehensive 
Environmental Response, Compensation, and Liability Act of 1980 
(CERCLA), as amended, including sections 111(c)(3), (c)(5), 
(c)(6), and (e)(4) (42 U.S.C. 9611) $1,215,753,000, to remain 
available until expended, consisting of such sums as are 
available in the Trust Fund on September 30, 2011, as 
authorized by section 517(a) of the Superfund Amendments and 
Reauthorization Act of 1986 (SARA) and up to $1,215,753,000 as 
a payment from general revenues to the Hazardous Substance 
Superfund for purposes as authorized by section 517(b) of SARA, 
as amended:  Provided, That funds appropriated under this 
heading may be allocated to other Federal agencies in 
accordance with section 111(a) of CERCLA:  Provided further, 
That of the funds appropriated under this heading, $9,955,000 
shall be paid to the ``Office of Inspector General'' 
appropriation to remain available until September 30, 2013, and 
$23,016,000 shall be paid to the ``Science and Technology'' 
appropriation to remain available until September 30, 2013.

          Leaking Underground Storage Tank Trust Fund Program

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

                       Inland Oil Spill Programs

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

                   State and Tribal Assistance Grants

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

       Administrative Provisions--Environmental Protection Agency

              (including transfer and rescission of funds)

    For fiscal year 2012, notwithstanding 31 U.S.C. 6303(1) and 
6305(1), the Administrator of the Environmental Protection 
Agency, in carrying out the Agency's function to implement 
directly Federal environmental programs required or authorized 
by law in the absence of an acceptable tribal program, may 
award cooperative agreements to federally recognized Indian 
tribes or Intertribal consortia, if authorized by their member 
tribes, to assist the Administrator in implementing Federal 
environmental programs for Indian tribes required or authorized 
by law, except that no such cooperative agreements may be 
awarded from funds designated for State financial assistance 
agreements.
    The Administrator of the Environmental Protection Agency is 
authorized to collect and obligate pesticide registration 
service fees in accordance with section 33 of the Federal 
Insecticide, Fungicide, and Rodenticide Act, as amended by 
Public Law 110-94, the Pesticide Registration Improvement 
Renewal Act.
    The Administrator is authorized to transfer up to 
$300,000,000 of the funds appropriated for the Great Lakes 
Restoration Initiative under the heading ``Environmental 
Programs and Management'' to the head of any Federal department 
or agency, with the concurrence of such head, to carry out 
activities that would support the Great Lakes Restoration 
Initiative and Great Lakes Water Quality Agreement programs, 
projects, or activities; to enter into an interagency agreement 
with the head of such Federal department or agency to carry out 
these activities; and to make grants to governmental entities, 
nonprofit organizations, institutions, and individuals for 
planning, research, monitoring, outreach, and implementation in 
furtherance of the Great Lakes Restoration Initiative and the 
Great Lakes Water Quality Agreement.
    From unobligated balances available to the Administrator of 
the Environmental Protection Agency, $50,000,000 are 
permanently rescinded:  Provided, That of these funds, 
$5,000,000 shall be rescinded from unobligated balances within 
the ``Hazardous Substance Superfund'' account; $5,000,000 shall 
be rescinded from unobligated Brownfields balances within the 
``State and Tribal Assistance Grants'' account; $5,000,000 
shall be rescinded from unobligated Mexico Border balances 
within the ``State and Tribal Assistance Grants'' account; 
$5,000,000 shall be rescinded from unobligated Diesel Emissions 
Reduction Act balances within the ``State and Tribal Assistance 
Grants'' account; $20,000,000 shall be rescinded from 
unobligated categorical grant balances within the ``State and 
Tribal Assistance Grants'' account; and $10,000,000 shall be 
rescinded from unobligated Clean Water State Revolving Funds 
balances within the ``State and Tribal Assistance Grants'' 
account:  Provided further, That no amounts may be rescinded 
from amounts that were designated by the Congress as an 
emergency requirement pursuant to the Concurrent Resolution on 
the Budget or the Balanced Budget and Emergency Deficit Control 
Act of 1985, as amended.
    For fiscal year 2012 and each fiscal year thereafter, the 
requirements of section 513 of the Federal Water Pollution 
Control Act (33 U.S.C. 1372) shall apply to the construction of 
treatment works carried out in whole or in part with assistance 
made available by a State water pollution control revolving 
fund as authorized by title VI of that Act (33 U.S.C. 1381 et 
seq.), or with assistance made available under section 205(m) 
of that Act (33 U.S.C. 1285(m)), or both.
    For fiscal year 2012 and each fiscal year thereafter, the 
requirements of section 1450(e) of the Safe Drinking Water Act 
(42 U.S.C. 300j-9(e)) shall apply to any construction project 
carried out in whole or in part with assistance made available 
by a drinking water treatment revolving loan fund as authorized 
by section 1452 of that Act (42 U.S.C. 300j-12).
    Notwithstanding section 104 of the Comprehensive 
Environmental Response, Compensation, and Liability Act (42 
U.S.C. 9604), the Administrator may authorize the expenditure 
or transfer of up to $10,000,000 from any appropriation in this 
title, in addition to the amounts included in the ``Inland Oil 
Spill Programs'' account, for removal activities related to 
actual oil spills 5 days after notifying the House and Senate 
Committees on Appropriations of the intention to expend or 
transfer such funds:  Provided, That no funds shall be expended 
or transferred under this authority until the Administrator 
determines that amounts made available for expenditure in the 
``Inland Oil Spill Programs'' account will be exhausted within 
30 days:  Provided further, That such funds shall be 
replenished to the appropriation that was the source of the 
expenditure or transfer, following EPA's receipt of 
reimbursement from the Oil Spill Liability Trust Fund pursuant 
to the Oil Pollution Act of 1990.

                               TITLE III

                            RELATED AGENCIES

                       DEPARTMENT OF AGRICULTURE

                             Forest Service

                     forest and rangeland research

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

                       state and private forestry

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

                         national forest system

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

                  capital improvement and maintenance

                     (including transfer of funds)

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

                            land acquisition

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

         acquisition of lands for national forests special acts

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

            acquisition of lands to complete land exchanges

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

                         range betterment fund

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

    gifts, donations and bequests for forest and rangeland research

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

        management of national forest lands for subsistence uses

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

                        wildland fire management

                     (including transfers of funds)

    For necessary expenses for forest fire presuppression 
activities on National Forest System lands, for emergency fire 
suppression on or adjacent to such lands or other lands under 
fire protection agreement, hazardous fuels reduction on or 
adjacent to such lands, and for emergency rehabilitation of 
burned-over National Forest System lands and water, 
$1,737,631,000, to remain available until expended:  Provided, 
That such funds including unobligated balances under this 
heading, are available for repayment of advances from other 
appropriations accounts previously transferred for such 
purposes:  Provided further, That such funds shall be available 
to reimburse State and other cooperating entities for services 
provided in response to wildfire and other emergencies or 
disasters to the extent such reimbursements by the Forest 
Service for non-fire emergencies are fully repaid by the 
responsible emergency management agency:  Provided further, 
That, notwithstanding any other provision of law, $7,262,000 of 
funds appropriated under this appropriation shall be available 
for the Forest Service in support of fire science research 
authorized by the Joint Fire Science Program, including all 
Forest Service authorities for the use of funds, such as 
contracts, grants, research joint venture agreements, and 
cooperative agreements:  Provided further, That all authorities 
for the use of funds, including the use of contracts, grants, 
and cooperative agreements, available to execute the Forest and 
Rangeland Research appropriation, are also available in the 
utilization of these funds for Fire Science Research:  Provided 
further, That funds provided shall be available for emergency 
rehabilitation and restoration, hazardous fuels reduction 
activities in the urban-wildland interface, support to Federal 
emergency response, and wildfire suppression activities of the 
Forest Service:  Provided further, That of the funds provided, 
$317,584,000 is for hazardous fuels reduction activities, 
$21,734,000 is for research activities and to make competitive 
research grants pursuant to the Forest and Rangeland Renewable 
Resources Research Act, as amended (16 U.S.C. 1641 et seq.), 
$55,564,000 is for State fire assistance, $6,366,000 is for 
volunteer fire assistance, $15,983,000 is for forest health 
activities on Federal lands and $8,366,000 is for forest health 
activities on State and private lands:  Provided further, That 
amounts in this paragraph may be transferred to the ``State and 
Private Forestry'', ``National Forest System'', and ``Forest 
and Rangeland Research'' accounts to fund State fire 
assistance, volunteer fire assistance, forest health 
management, forest and rangeland research, the Joint Fire 
Science Program, vegetation and watershed management, heritage 
site rehabilitation, and wildlife and fish habitat management 
and restoration:  Provided further, That the costs of 
implementing any cooperative agreement between the Federal 
Government and any non-Federal entity may be shared, as 
mutually agreed on by the affected parties:  Provided further, 
That up to $15,000,000 of the funds provided herein may be used 
by the Secretary of Agriculture to enter into procurement 
contracts or cooperative agreements or to issue grants for 
hazardous fuels reduction and for training or monitoring 
associated with such hazardous fuels reduction activities on 
Federal land or on non-Federal land if the Secretary determines 
such activities implement a community wildfire protection plan 
(or equivalent) and benefit resources on Federal land:  
Provided further, That funds made available to implement the 
Community Forest Restoration Act, Public Law 106-393, title VI, 
shall be available for use on non-Federal lands in accordance 
with authorities made available to the Forest Service under the 
``State and Private Forestry'' appropriation:  Provided 
further, That the Secretary of the Interior and the Secretary 
of Agriculture may authorize the transfer of funds appropriated 
for wildland fire management, in an aggregate amount not to 
exceed $50,000,000, between the Departments when such transfers 
would facilitate and expedite wildland fire management programs 
and projects:  Provided further, That of the funds provided for 
hazardous fuels reduction, not to exceed $5,000,000 may be used 
to make grants, using any authorities available to the Forest 
Service under the ``State and Private Forestry'' appropriation, 
for the purpose of creating incentives for increased use of 
biomass from National Forest System lands:  Provided further, 
That no amounts may be cancelled from amounts that were 
designated by the Congress as an emergency requirement pursuant 
to the Concurrent Resolution on the Budget or the Balanced 
Budget and Emergency Deficit Control Act of 1985, as amended:  
Provided further, That before obligating any of the funds 
provided herein for wildland fire suppression, the Secretary of 
Agriculture shall obligate all unobligated balances previously 
made available under this heading (including the unobligated 
balances transferred to Forest Service accounts under this 
heading by division B of the Consolidated Security, Disaster 
Assistance, and Continuing Appropriations Act, 2009 (Public Law 
110-329, 122 Stat. 3594)) that, when appropriated, were 
designated by Congress as an emergency requirement pursuant to 
the Concurrent Resolution on the Budget or the Balanced Budget 
and Emergency Deficit Control Act of 1985 and notify the 
Committees on Appropriations of the House of Representatives 
and the Senate in writing of the imminent need to begin 
obligating funds provided herein for wildland fire suppression: 
 Provided further, That funds designated for wildfire 
suppression, including funds transferred from the ``FLAME 
Wildfire Suppression Reserve Fund'', shall be assessed for cost 
pools on the same basis as such assessments are calculated 
against other agency programs:  Provided further, That of the 
funds for hazardous fuels reduction, up to $21,000,000 may be 
transferred to the ``National Forest System'' to support the 
Integrated Resource Restoration pilot program.

                Flame Wildfire Suppression Reserve Fund

                     (including transfers of funds)

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

               administrative provisions--forest service

                     (including transfers of funds)

    Appropriations to the Forest Service for the current fiscal 
year shall be available for: (1) purchase of passenger motor 
vehicles; acquisition of passenger motor vehicles from excess 
sources, and hire of such vehicles; purchase, lease, operation, 
maintenance, and acquisition of aircraft from excess sources to 
maintain the operable fleet for use in Forest Service wildland 
fire programs and other Forest Service programs; 
notwithstanding other provisions of law, existing aircraft 
being replaced may be sold, with proceeds derived or trade-in 
value used to offset the purchase price for the replacement 
aircraft; (2) services pursuant to 7 U.S.C. 2225, and not to 
exceed $100,000 for employment under 5 U.S.C. 3109; (3) 
purchase, erection, and alteration of buildings and other 
public improvements (7 U.S.C. 2250); (4) acquisition of land, 
waters, and interests therein pursuant to 7 U.S.C. 428a; (5) 
for expenses pursuant to the Volunteers in the National Forest 
Act of 1972 (16 U.S.C. 558a, 558d, and 558a note); (6) the cost 
of uniforms as authorized by 5 U.S.C. 5901-5902; and (7) for 
debt collection contracts in accordance with 31 U.S.C. 3718(c).
    Any appropriations or funds available to the Forest Service 
may be transferred to the Wildland Fire Management 
appropriation for forest firefighting, emergency rehabilitation 
of burned-over or damaged lands or waters under its 
jurisdiction, and fire preparedness due to severe burning 
conditions upon the Secretary's notification of the House and 
Senate Committees on Appropriations that all fire suppression 
funds appropriated under the headings ``Wildland Fire 
Management'' and ``FLAME Wildfire Suppression Reserve Fund'' 
will be obligated within 30 days:  Provided, That all funds 
used pursuant to this paragraph must be replenished by a 
supplemental appropriation which must be requested as promptly 
as possible.
    Funds appropriated to the Forest Service shall be available 
for assistance to or through the Agency for International 
Development in connection with forest and rangeland research, 
technical information, and assistance in foreign countries, and 
shall be available to support forestry and related natural 
resource activities outside the United States and its 
territories and possessions, including technical assistance, 
education and training, and cooperation with U.S., private, and 
international organizations. The Forest Service, acting for the 
International Program, may sign direct funding agreements with 
foreign governments and institutions as well as other domestic 
agencies (including the U.S. Agency for International 
Development, the Department of State, and the Millennium 
Challenge Corporation), U.S. private sector firms, institutions 
and organizations to provide technical assistance and training 
programs overseas on forestry and rangeland management.
    None of the funds made available to the Forest Service in 
this Act or any other Act with respect to any fiscal year shall 
be subject to transfer under the provisions of section 702(b) 
of the Department of Agriculture Organic Act of 1944 (7 U.S.C. 
2257), section 442 of Public Law 106-224 (7 U.S.C. 7772), or 
section 10417(b) of Public Law 107-107 (7 U.S.C. 8316(b)).
    None of the funds available to the Forest Service may be 
reprogrammed without the advance approval of the House and 
Senate Committees on Appropriations in accordance with the 
reprogramming procedures contained in the joint explanatory 
statement of the managers accompanying this Act.
    Not more than $82,000,000 of funds available to the Forest 
Service shall be transferred to the Working Capital Fund of the 
Department of Agriculture and not more than $14,500,000 of 
funds available to the Forest Service shall be transferred to 
the Department of Agriculture for Department Reimbursable 
Programs, commonly referred to as Greenbook charges. Nothing in 
this paragraph shall prohibit or limit the use of reimbursable 
agreements requested by the Forest Service in order to obtain 
services from the Department of Agriculture's National 
Information Technology Center. Nothing in this paragraph shall 
limit the Forest Service portion of implementation costs to be 
paid to the Department of Agriculture for the Financial 
Management Modernization Initiative.
    Of the funds available to the Forest Service up to 
$5,000,000 shall be available for priority projects within the 
scope of the approved budget, which shall be carried out by the 
Youth Conservation Corps and shall be carried out under the 
authority of the Public Lands Corps Act of 1993, Public Law 
103-82, as amended by Public Lands Corps Healthy Forests 
Restoration Act of 2005, Public Law 109-154.
    Of the funds available to the Forest Service, $4,000 is 
available to the Chief of the Forest Service for official 
reception and representation expenses.
    Pursuant to sections 405(b) and 410(b) of Public Law 101-
593, of the funds available to the Forest Service, up to 
$3,000,000 may be advanced in a lump sum to the National Forest 
Foundation to aid conservation partnership projects in support 
of the Forest Service mission, without regard to when the 
Foundation incurs expenses, for projects on or benefitting 
National Forest System lands or related to Forest Service 
programs:  Provided, That of the Federal funds made available 
to the Foundation, no more than $300,000 shall be available for 
administrative expenses:  Provided further, That the Foundation 
shall obtain, by the end of the period of Federal financial 
assistance, private contributions to match on at least one-for-
one basis funds made available by the Forest Service:  Provided 
further, That the Foundation may transfer Federal funds to a 
Federal or a non-Federal recipient for a project at the same 
rate that the recipient has obtained the non-Federal matching 
funds:  Provided further, That authorized investments of 
Federal funds held by the Foundation may be made only in 
interest-bearing obligations of the United States or in 
obligations guaranteed as to both principal and interest by the 
United States.
    Pursuant to section 2(b)(2) of Public Law 98-244, 
$3,000,000 of the funds available to the Forest Service may be 
advanced to the National Fish and Wildlife Foundation in a lump 
sum to aid cost-share conservation projects, without regard to 
when expenses are incurred, on or benefitting National Forest 
System lands or related to Forest Service programs:  Provided, 
That such funds shall be matched on at least a one-for-one 
basis by the Foundation or its sub-recipients:  Provided 
further, That the Foundation may transfer Federal funds to a 
Federal or non-Federal recipient for a project at the same rate 
that the recipient has obtained the non-Federal matching funds.
    Funds appropriated to the Forest Service shall be available 
for interactions with and providing technical assistance to 
rural communities and natural resource-based businesses for 
sustainable rural development purposes.
    Funds appropriated to the Forest Service shall be available 
for payments to counties within the Columbia River Gorge 
National Scenic Area, pursuant to section 14(c)(1) and (2), and 
section 16(a)(2) of Public Law 99-663.
    Any funds appropriated to the Forest Service may be used to 
meet the non-Federal share requirement in section 502(c) of the 
Older American Act of 1965 (42 U.S.C. 3056(c)(2)).
    Funds available to the Forest Service, not to exceed 
$55,000,000, shall be assessed for the purpose of performing 
fire, administrative and other facilities maintenance and 
decommissioning. Such assessments shall occur using a square 
foot rate charged on the same basis the agency uses to assess 
programs for payment of rent, utilities, and other support 
services.
    Notwithstanding any other provision of law, any 
appropriations or funds available to the Forest Service not to 
exceed $500,000 may be used to reimburse the Office of the 
General Counsel (OGC), Department of Agriculture, for travel 
and related expenses incurred as a result of OGC assistance or 
participation requested by the Forest Service at meetings, 
training sessions, management reviews, land purchase 
negotiations and similar nonlitigation-related matters. Future 
budget justifications for both the Forest Service and the 
Department of Agriculture should clearly display the sums 
previously transferred and the requested funding transfers.
    An eligible individual who is employed in any project 
funded under title V of the Older American Act of 1965 (42 
U.S.C. 3056 et seq.) and administered by the Forest Service 
shall be considered to be a Federal employee for purposes of 
chapter 171 of title 28, United States Code.

                DEPARTMENT OF HEALTH AND HUMAN SERVICES

                         Indian Health Service

                         indian health services

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

                        indian health facilities

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

            administrative provisions--indian health service

    Appropriations provided in this Act to the Indian Health 
Service shall be available for services as authorized by 5 
U.S.C. 3109 at rates not to exceed the per diem rate equivalent 
to the maximum rate payable for senior-level positions under 5 
U.S.C. 5376; hire of passenger motor vehicles and aircraft; 
purchase of medical equipment; purchase of reprints; purchase, 
renovation and erection of modular buildings and renovation of 
existing facilities; payments for telephone service in private 
residences in the field, when authorized under regulations 
approved by the Secretary; uniforms or allowances therefor as 
authorized by 5 U.S.C. 5901-5902; and for expenses of 
attendance at meetings that relate to the functions or 
activities of the Indian Health Service:  Provided, That in 
accordance with the provisions of the Indian Health Care 
Improvement Act, non-Indian patients may be extended health 
care at all tribally administered or Indian Health Service 
facilities, subject to charges, and the proceeds along with 
funds recovered under the Federal Medical Care Recovery Act (42 
U.S.C. 2651-2653) shall be credited to the account of the 
facility providing the service and shall be available without 
fiscal year limitation:  Provided further, That notwithstanding 
any other law or regulation, funds transferred from the 
Department of Housing and Urban Development to the Indian 
Health Service shall be administered under Public Law 86-121, 
the Indian Sanitation Facilities Act and Public Law 93-638, as 
amended:  Provided further, That funds appropriated to the 
Indian Health Service in this Act, except those used for 
administrative and program direction purposes, shall not be 
subject to limitations directed at curtailing Federal travel 
and transportation:  Provided further, That none of the funds 
made available to the Indian Health Service in this Act shall 
be used for any assessments or charges by the Department of 
Health and Human Services unless identified in the budget 
justification and provided in this Act, or approved by the 
House and Senate Committees on Appropriations through the 
reprogramming process:  Provided further, That notwithstanding 
any other provision of law, funds previously or herein made 
available to a tribe or tribal organization through a contract, 
grant, or agreement authorized by title I or title V of the 
Indian Self-Determination and Education Assistance Act of 1975 
(25 U.S.C. 450), may be deobligated and reobligated to a self-
determination contract under title I, or a self-governance 
agreement under title V of such Act and thereafter shall remain 
available to the tribe or tribal organization without fiscal 
year limitation:  Provided further, That none of the funds made 
available to the Indian Health Service in this Act shall be 
used to implement the final rule published in the Federal 
Register on September 16, 1987, by the Department of Health and 
Human Services, relating to the eligibility for the health care 
services of the Indian Health Service until the Indian Health 
Service has submitted a budget request reflecting the increased 
costs associated with the proposed final rule, and such request 
has been included in an appropriations Act and enacted into 
law:  Provided further, That with respect to functions 
transferred by the Indian Health Service to tribes or tribal 
organizations, the Indian Health Service is authorized to 
provide goods and services to those entities on a reimbursable 
basis, including payments in advance with subsequent 
adjustment, and the reimbursements received therefrom, along 
with the funds received from those entities pursuant to the 
Indian Self-Determination Act, may be credited to the same or 
subsequent appropriation account from which the funds were 
originally derived, with such amounts to remain available until 
expended:  Provided further, That reimbursements for training, 
technical assistance, or services provided by the Indian Health 
Service will contain total costs, including direct, 
administrative, and overhead associated with the provision of 
goods, services, or technical assistance:  Provided further, 
That the appropriation structure for the Indian Health Service 
may not be altered without advance notification to the House 
and Senate Committees on Appropriations.

                     National Institutes of Health

          national institute of environmental health sciences

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

            Agency for Toxic Substances and Disease Registry

            toxic substances and environmental public health

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

                         OTHER RELATED AGENCIES

                   Executive Office of the President

  council on environmental quality and office of environmental quality

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

             Chemical Safety and Hazard Investigation Board

                         salaries and expenses

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

              Office of Navajo and Hopi Indian Relocation

                         salaries and expenses

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

    Institute of American Indian and Alaska Native Culture and Arts 
                              Development

                        payment to the institute

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

                        Smithsonian Institution

                         salaries and expenses

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

                           facilities capital

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

                        National Gallery of Art

                         salaries and expenses

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

            repair, restoration, and renovation of buildings

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

             John F. Kennedy Center for the Performing Arts

                       operations and maintenance

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

                     capital repair and restoration

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

            Woodrow Wilson International Center for Scholars

                         salaries and expenses

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

           National Foundation on the Arts and the Humanities

                    National Endowment for the Arts

                       grants and administration

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

                 National Endowment for the Humanities

                       grants and administration

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

                       Administrative Provisions

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

                        Commission of Fine Arts

                         salaries and expenses

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

               National Capital Arts and Cultural Affairs

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

                        administrative provision

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

               Advisory Council on Historic Preservation

                         salaries and expenses

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

                  National Capital Planning Commission

                         salaries and expenses

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

                United States Holocaust Memorial Museum

                       holocaust memorial museum

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

                             Presidio Trust

                          presidio trust fund

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

                Dwight D. Eisenhower Memorial Commission

                         salaries and expenses

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

                          capital construction

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

                                TITLE IV

                           GENERAL PROVISIONS

                     (including transfers of funds)

                   limitation on consulting services

    Sec. 401.  The expenditure of any appropriation under this 
Act for any consulting service through procurement contract, 
pursuant to 5 U.S.C. 3109, shall be limited to those contracts 
where such expenditures are a matter of public record and 
available for public inspection, except where otherwise 
provided under existing law, or under existing Executive order 
issued pursuant to existing law.

                      restriction on use of funds

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

                      obligation of appropriations

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

           prohibition on use of funds for personal services

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

                 disclosure of administrative expenses

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

                             giant sequoia

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

                          mining applications

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

                         contract support costs

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

                        forest management plans

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

                 prohibition within national monuments

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

     AMENDMENTS TO THE TEMPORARY EMERGENCY WILDFIRE SUPPRESSION ACT

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

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

                        contracting authorities

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

                         limitation on takings

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

                        timber sale requirements

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

                      extension of grazing permits

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

                    prohibition on no-bid contracts

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

                           posting of reports

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

            national endowment for the arts grant guidelines

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

           national endowment for the arts program priorities

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

                     use of competitive grant funds

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

          forest service facility realignment and enhancement

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

                             service first

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

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

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

                  status of balances of appropriations

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

                 report on use of climate change funds

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

                      prohibition on use of funds

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

                 greenhouse gas reporting restrictions

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

            forest service pre-decisional objection process

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

                        silvicultural activities

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

                    claim maintenance fee amendments

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

                       domestic livestock grazing

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

         air emissions from outer continental shelf activities

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

                           funding prohibition

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

             limitation with respect to delinquent tax debts

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

                 ALASKA NATIVE REGIONAL HEALTH ENTITIES

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

                           general reduction

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

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

                                TITLE I

                          DEPARTMENT OF LABOR

                 Employment and Training Administration

                    training and employment services

                     (including transfer of funds)

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

          Provided, That notwithstanding the transfer 
        limitation under section 133(b)(4) of the WIA, up to 30 
        percent of such funds may be transferred by a local 
        board if approved by the Governor:  Provided further, 
        That a local board may award a contract to an 
        institution of higher education or other eligible 
        training provider if the local board determines that it 
        would facilitate the training of multiple individuals 
        in high-demand occupations, if such contract does not 
        limit customer choice:  Provided further, That 
        notwithstanding section 128(a)(1) of the WIA, the 
        amount available to the Governor for statewide 
        workforce investment activities shall not exceed 5 
        percent of the amount allotted to the State from each 
        of the appropriations under the preceding 
        subparagraphs;
            (2) for federally administered programs, 
        $487,053,000 as follows:
                    (A) $224,112,000 for the dislocated workers 
                assistance national reserve, of which 
                $24,112,000 shall be available for the period 
                July 1, 2012 through June 30, 2013, and of 
                which $200,000,000 shall be available for the 
                period October 1, 2012 through June 30, 2013:  
                Provided, That funds provided to carry out 
                section 132(a)(2)(A) of the WIA may be used to 
                provide assistance to a State for statewide or 
                local use in order to address cases where there 
                have been worker dislocations across multiple 
                sectors or across multiple local areas and such 
                workers remain dislocated; coordinate the State 
                workforce development plan with emerging 
                economic development needs; and train such 
                eligible dislocated workers:  Provided further, 
                That funds provided to carry out section 171(d) 
                of the WIA may be used for demonstration 
                projects that provide assistance to new 
                entrants in the workforce and incumbent 
                workers:  Provided further, That none of the 
                funds shall be obligated to carry out section 
                173(e) of the WIA;
                    (B) $47,652,000 for Native American 
                programs, which shall be available for the 
                period July 1, 2012 through June 30, 2013;
                    (C) $84,451,000 for migrant and seasonal 
                farmworker programs under section 167 of the 
                WIA, including $78,253,000 for formula grants 
                (of which not less than 70 percent shall be for 
                employment and training services), $5,689,000 
                for migrant and seasonal housing (of which not 
                less than 70 percent shall be for permanent 
                housing), and $509,000 for other discretionary 
                purposes, which shall be available for the 
                period July 1, 2012 through June 30, 2013:  
                Provided, That notwithstanding any other 
                provision of law or related regulation, the 
                Department of Labor shall take no action 
                limiting the number or proportion of eligible 
                participants receiving related assistance 
                services or discouraging grantees from 
                providing such services;
                    (D) $998,000 for carrying out the WANTO, 
                which shall be available for the period July 1, 
                2012 through June 30, 2013; and
                    (E) $79,840,000 for YouthBuild activities 
                as described in section 173A of the WIA, which 
                shall be available for the period April 1, 2012 
                through June 30, 2013; and
                    (F) $50,000,000 to be available to the 
                Secretary of Labor (referred to in this title 
                as ``Secretary'') for the Workforce Innovation 
                Fund to carry out projects that demonstrate 
                innovative strategies or replicate effective 
                evidence-based strategies that align and 
                strengthen the workforce investment system in 
                order to improve program delivery and education 
                and employment outcomes for beneficiaries, 
                which shall be for the period July 1, 2012 
                through September 30, 2013:  Provided, That 
                amounts shall be available for awards to States 
                or State agencies that are eligible for 
                assistance under any program authorized under 
                the WIA, consortia of States, or partnerships, 
                including regional partnerships:  Provided 
                further, That not more than 5 percent of the 
                funds available for workforce innovation 
                activities shall be for technical assistance 
                and evaluations related to the projects carried 
                out with these funds;
            (3) for national activities, $103,062,000, as 
        follows:
                    (A) $6,616,000, in addition to any amounts 
                available under paragraph (2), for Pilots, 
                Demonstrations, and Research, which shall be 
                available for the period April 1, 2012 through 
                June 30, 2013:  Provided, That funds made 
                available by Public Law 112-10 that were 
                designated for grants to address the employment 
                and training needs of young parents may be used 
                for other pilots, demonstrations, and research 
                activities and for implementation activities 
                related to the VOW to Hire Heroes Act of 2011 
                and may be transferred to ``State Unemployment 
                Insurance and Employment Service Operations'' 
                to carry out such implementation activities;
                    (B) $80,390,000 for ex-offender activities, 
                under the authority of section 171 of the WIA 
                and section 212 of the Second Chance Act of 
                2007, which shall be available for the period 
                April 1, 2012 through June 30, 2013, 
                notwithstanding the requirements of section 
                171(b)(2)(B) or 171(c)(4)(D) of the WIA:  
                Provided, That of this amount, $20,000,000 
                shall be for competitive grants to national and 
                regional intermediaries for activities that 
                prepare young ex-offenders and school dropouts 
                for employment, with a priority for projects 
                serving high-crime, high-poverty areas;
                    (C) $9,581,000 for Evaluation, which shall 
                be available for the period July 1, 2012 
                through June 30, 2013; and
                    (D) $6,475,000 for the Workforce Data 
                Quality Initiative, under the authority of 
                section 171(c)(2) of the WIA, which shall be 
                available for the period July 1, 2012 through 
                June 30, 2013, and which shall not be subject 
                to the requirements of section 171(c)(4)(D).

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

        advances to the unemployment trust fund and other funds

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

                         program administration

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

               Employee Benefits Security Administration

                         salaries and expenses

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

                  Pension Benefit Guaranty Corporation

               pension benefit guaranty corporation fund

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

                         Wage and Hour Division

                         salaries and expenses

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

                  Office of Labor Management Standards

                         salaries and expenses

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

             Office of Federal Contract Compliance Programs

                         salaries and expenses

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

                Office of Workers' Compensation Programs

                         salaries and expenses

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

                            special benefits

                     (including transfer of funds)

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

               special benefits for disabled coal miners

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

    administrative expenses, energy employees occupational illness 
                           compensation fund

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

                    black lung disability trust fund

                     (including transfer of funds)

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

             Occupational Safety and Health Administration

                         salaries and expenses

    For necessary expenses for the Occupational Safety and 
Health Administration, $565,857,000, including not to exceed 
$104,393,000 which shall be the maximum amount available for 
grants to States under section 23(g) of the Occupational Safety 
and Health Act (``Act''), which grants shall be no less than 50 
percent of the costs of State occupational safety and health 
programs required to be incurred under plans approved by the 
Secretary under section 18 of the Act; and, in addition, 
notwithstanding 31 U.S.C. 3302, the Occupational Safety and 
Health Administration may retain up to $200,000 per fiscal year 
of training institute course tuition fees, otherwise authorized 
by law to be collected, and may utilize such sums for 
occupational safety and health training and education:  
Provided, That notwithstanding 31 U.S.C. 3302, the Secretary is 
authorized, during the fiscal year ending September 30, 2012, 
to collect and retain fees for services provided to Nationally 
Recognized Testing Laboratories, and may utilize such sums, in 
accordance with the provisions of 29 U.S.C. 9a, to administer 
national and international laboratory recognition programs that 
ensure the safety of equipment and products used by workers in 
the workplace:  Provided further, That none of the funds 
appropriated under this paragraph shall be obligated or 
expended to prescribe, issue, administer, or enforce any 
standard, rule, regulation, or order under the Act which is 
applicable to any person who is engaged in a farming operation 
which does not maintain a temporary labor camp and employs 10 
or fewer employees:  Provided further, That no funds 
appropriated under this paragraph shall be obligated or 
expended to administer or enforce any standard, rule, 
regulation, or order under the Act with respect to any employer 
of 10 or fewer employees who is included within a category 
having a Days Away, Restricted, or Transferred (DART) 
occupational injury and illness rate, at the most precise 
industrial classification code for which such data are 
published, less than the national average rate as such rates 
are most recently published by the Secretary, acting through 
the Bureau of Labor Statistics, in accordance with section 24 
of the Act, except--
            (1) to provide, as authorized by the Act, 
        consultation, technical assistance, educational and 
        training services, and to conduct surveys and studies;
            (2) to conduct an inspection or investigation in 
        response to an employee complaint, to issue a citation 
        for violations found during such inspection, and to 
        assess a penalty for violations which are not corrected 
        within a reasonable abatement period and for any 
        willful violations found;
            (3) to take any action authorized by the Act with 
        respect to imminent dangers;
            (4) to take any action authorized by the Act with 
        respect to health hazards;
            (5) to take any action authorized by the Act with 
        respect to a report of an employment accident which is 
        fatal to one or more employees or which results in 
        hospitalization of two or more employees, and to take 
        any action pursuant to such investigation authorized by 
        the Act; and
            (6) to take any action authorized by the Act with 
        respect to complaints of discrimination against 
        employees for exercising rights under the Act:

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

                 Mine Safety and Health Administration

                         salaries and expenses

                     (including transfer of funds)

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

                       Bureau of Labor Statistics

                         salaries and expenses

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

                 Office of Disability Employment Policy

                         salaries and expenses

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

                        Departmental Management

                         salaries and expenses

                     (including transfer of funds)

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

                    veterans employment and training

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

                            it modernization

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

                      office of inspector general

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

                           General Provisions

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

                          (transfer of funds)

    Sec. 102.  Not to exceed 1 percent of any discretionary 
funds (pursuant to the Balanced Budget and Emergency Deficit 
Control Act of 1985) which are appropriated for the current 
fiscal year for the Department of Labor in this Act may be 
transferred between a program, project, or activity, but no 
such program, project, or activity shall be increased by more 
than 3 percent by any such transfer:  Provided, That the 
transfer authority granted by this section shall be available 
only to meet emergency needs and shall not be used to create 
any new program or to fund any project or activity for which no 
funds are provided in this Act:  Provided further, That the 
Committees on Appropriations of the House of Representatives 
and the Senate are notified at least 15 days in advance of any 
transfer.
    Sec. 103.  In accordance with Executive Order No. 13126, 
none of the funds appropriated or otherwise made available 
pursuant to this Act shall be obligated or expended for the 
procurement of goods mined, produced, manufactured, or 
harvested or services rendered, in whole or in part, by forced 
or indentured child labor in industries and host countries 
already identified by the United States Department of Labor 
prior to enactment of this Act.
    Sec. 104.  None of the funds made available to the 
Department of Labor for grants under section 414(c) of the 
American Competitiveness and Workforce Improvement Act of 1998 
may be used for any purpose other than competitive grants for 
training in the occupations and industries for which employers 
are using H-1B visas to hire foreign workers, and the related 
activities necessary to support such training.
    Sec. 105.  None of the funds made available by this Act 
under the heading ``Employment and Training Administration'' 
shall be used by a recipient or subrecipient of such funds to 
pay the salary and bonuses of an individual, either as direct 
costs or indirect costs, at a rate in excess of Executive Level 
II. This limitation shall not apply to vendors providing goods 
and services as defined in Office of Management and Budget 
Circular A-133. Where States are recipients of such funds, 
States may establish a lower limit for salaries and bonuses of 
those receiving salaries and bonuses from subrecipients of such 
funds, taking into account factors including the relative cost-
of-living in the State, the compensation levels for comparable 
State or local government employees, and the size of the 
organizations that administer Federal programs involved 
including Employment and Training Administration programs. 
Notwithstanding this section, the limitation on salaries for 
the Job Corps shall continue to be governed by section 101.
    Sec. 106.  The Secretary shall take no action to amend, 
through regulatory or administration action, the definition 
established in section 667.220 of title 20 of the Code of 
Federal Regulations for functions and activities under title I 
of WIA, or to modify, through regulatory or administrative 
action, the procedure for redesignation of local areas as 
specified in subtitle B of title I of that Act (including 
applying the standards specified in section 116(a)(3)(B) of 
that Act, but notwithstanding the time limits specified in 
section 116(a)(3)(B) of that Act), until such time as 
legislation reauthorizing the Act is enacted. Nothing in the 
preceding sentence shall permit or require the Secretary to 
withdraw approval for such redesignation from a State that 
received the approval not later than October 12, 2005, or to 
revise action taken or modify the redesignation procedure being 
used by the Secretary in order to complete such redesignation 
for a State that initiated the process of such redesignation by 
submitting any request for such redesignation not later than 
October 26, 2005.

                     (including transfer of funds)

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

                     (including transfer of funds)

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

                                TITLE II

                DEPARTMENT OF HEALTH AND HUMAN SERVICES

              Health Resources and Services Administration

                          primary health care

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

                            health workforce

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

                       maternal and child health

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

                      ryan white hiv/aids program

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

                          health care systems

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

                              rural health

    For carrying out titles III and IV of the PHS Act with 
respect to rural health, section 427(a) of the Federal Coal 
Mine Health and Safety Act, the Cardiac Arrest Survival Act of 
2000, and sections 711 and 1820 of the Social Security Act, 
$139,832,000, of which $41,118,000 from general revenues, 
notwithstanding section 1820(j) of the Social Security Act, 
shall be available for carrying out the Medicare rural hospital 
flexibility grants program:  Provided, That of the funds made 
available under this heading for Medicare rural hospital 
flexibility grants, $15,000,000 shall be available for the 
Small Rural Hospital Improvement Grant Program for quality 
improvement and adoption of health information technology and 
$1,000,000 shall be to carry out section 1820(g)(6) of the 
Social Security Act, with funds provided for grants under 
section 1820(g)(6) available for the purchase and 
implementation of telehealth services, including pilots and 
demonstrations on the use of electronic health records to 
coordinate rural veterans care between rural providers and the 
Department of Veterans Affairs electronic health record system: 
 Provided further, That notwithstanding section 338J(k) of the 
PHS Act, $10,055,000 shall be available for State Offices of 
Rural Health.

                            family planning

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

                           program management

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

           health education assistance loans program account

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

             vaccine injury compensation program trust fund

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

               Centers for Disease Control and Prevention

                 immunization and respiratory diseases

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

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

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

               emerging and zoonotic infectious diseases

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

            chronic disease prevention and health promotion

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

   birth defects, developmental disabilities, disabilities and health

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

                   public health scientific services

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

                          environmental health

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

                     injury prevention and control

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

         national institute for occupational safety and health

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

          employees occupational illness compensation program

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

                             global health

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

                public health preparedness and response

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

                cdc-wide activities and program support

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

                     National Institutes of Health

                       national cancer institute

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

               national heart, lung, and blood institute

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

         national institute of dental and craniofacial research

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

    national institute of diabetes and digestive and kidney diseases

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

        national institute of neurological disorders and stroke

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

         national institute of allergy and infectious diseases

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

             national institute of general medical sciences

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

  eunice kennedy shriver national institute of child health and human 
                              development

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

                         national eye institute

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

          national institute of environmental health sciences

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

                      national institute on aging

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

 national institute of arthritis and musculoskeletal and skin diseases

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

    national institute on deafness and other communication disorders

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

                 national institute of nursing research

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

           national institute on alcohol abuse and alcoholism

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

                    national institute on drug abuse

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

                  national institute of mental health

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

                national human genome research institute

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

      national institute of biomedical imaging and bioengineering

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

       national center for complementary and alternative medicine

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

      national institute on minority health and health disparities

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

                  john e. fogarty international center

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

                      national library of medicine

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

          national center for advancing translational sciences

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

                         office of the director

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

                        buildings and facilities

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

       Substance Abuse and Mental Health Services Administration

                             mental health

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

                        substance abuse treatment

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

                       substance abuse prevention

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

                health surveillance and program support

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

               Agency for Healthcare Research and Quality

                    healthcare research and quality

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

               Centers for Medicare and Medicaid Services

                     grants to states for medicaid

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

                  payments to health care trust funds

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

                           program management

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

              health care fraud and abuse control account

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

                Administration for Children and Families

  payments to states for child support enforcement and family support 
                                programs

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

                   low income home energy assistance

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

                     refugee and entrant assistance

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

   payments to states for the child care and development block grant

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

                      social services block grant

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

                children and families services programs

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

                   promoting safe and stable families

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

                payments for foster care and permanency

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

                        Administration on Aging

                        aging services programs

                     (including transfer of funds)

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

                        Office of the Secretary

                    general departmental management

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

                office of medicare hearings and appeals

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

  office of the national coordinator for health information technology

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

                      office of inspector general

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

                        office for civil rights

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

     retirement pay and medical benefits for commissioned officers

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

            public health and social services emergency fund

                     (including transfer of funds)

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

                           General Provisions

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

                          (transfer of funds)

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

                          (transfer of funds)

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

                          (transfer of funds)

    Sec. 208.  Of the amounts made available in this Act for 
NIH, the amount for research related to the human 
immunodeficiency virus, as jointly determined by the Director 
of NIH and the Director of the Office of AIDS Research, shall 
be made available to the ``Office of AIDS Research'' account. 
The Director of the Office of AIDS Research shall transfer from 
such account amounts necessary to carry out section 2353(d)(3) 
of the PHS Act.
    Sec. 209.  None of the funds appropriated in this Act may 
be made available to any entity under title X of the PHS Act 
unless the applicant for the award certifies to the Secretary 
that it encourages family participation in the decision of 
minors to seek family planning services and that it provides 
counseling to minors on how to resist attempts to coerce minors 
into engaging in sexual activities.
    Sec. 210.  Notwithstanding any other provision of law, no 
provider of services under title X of the PHS Act shall be 
exempt from any State law requiring notification or the 
reporting of child abuse, child molestation, sexual abuse, 
rape, or incest.
    Sec. 211.  None of the funds appropriated by this Act 
(including funds appropriated to any trust fund) may be used to 
carry out the Medicare Advantage program if the Secretary 
denies participation in such program to an otherwise eligible 
entity (including a Provider Sponsored Organization) because 
the entity informs the Secretary that it will not provide, pay 
for, provide coverage of, or provide referrals for abortions:  
Provided, That the Secretary shall make appropriate prospective 
adjustments to the capitation payment to such an entity (based 
on an actuarially sound estimate of the expected costs of 
providing the service to such entity's enrollees):  Provided 
further, That nothing in this section shall be construed to 
change the Medicare program's coverage for such services and a 
Medicare Advantage organization described in this section shall 
be responsible for informing enrollees where to obtain 
information about all Medicare covered services.
    Sec. 212.  In order for HHS to carry out international 
health activities, including HIV/AIDS and other infectious 
disease, chronic and environmental disease, and other health 
activities abroad during fiscal year 2012:
            (1) The Secretary may exercise authority equivalent 
        to that available to the Secretary of State in section 
        2(c) of the State Department Basic Authorities Act of 
        1956. The Secretary shall consult with the Secretary of 
        State and relevant Chief of Mission to ensure that the 
        authority provided in this section is exercised in a 
        manner consistent with section 207 of the Foreign 
        Service Act of 1980 and other applicable statutes 
        administered by the Department of State.
            (2) The Secretary is authorized to provide such 
        funds by advance or reimbursement to the Secretary of 
        State as may be necessary to pay the costs of 
        acquisition, lease, alteration, renovation, and 
        management of facilities outside of the United States 
        for the use of HHS. The Department of State shall 
        cooperate fully with the Secretary to ensure that HHS 
        has secure, safe, functional facilities that comply 
        with applicable regulation governing location, setback, 
        and other facilities requirements and serve the 
        purposes established by this Act. The Secretary is 
        authorized, in consultation with the Secretary of 
        State, through grant or cooperative agreement, to make 
        available to public or nonprofit private institutions 
        or agencies in participating foreign countries, funds 
        to acquire, lease, alter, or renovate facilities in 
        those countries as necessary to conduct programs of 
        assistance for international health activities, 
        including activities relating to HIV/AIDS and other 
        infectious diseases, chronic and environmental 
        diseases, and other health activities abroad.
            (3) The Secretary is authorized to provide to 
        personnel appointed or assigned by the Secretary to 
        serve abroad, allowances and benefits similar to those 
        provided under chapter 9 of title I of the Foreign 
        Service Act of 1980, and 22 U.S.C. 4081 through 4086 
        and subject to such regulations prescribed by the 
        Secretary. The Secretary is further authorized to 
        provide locality-based comparability payments (stated 
        as a percentage) up to the amount of the locality-based 
        comparability payment (stated as a percentage) that 
        would be payable to such personnel under section 5304 
        of title 5, United States Code if such personnel's 
        official duty station were in the District of Columbia. 
        Leaves of absence for personnel under this subsection 
        shall be on the same basis as that provided under 
        subchapter I of chapter 63 of title 5, United States 
        Code, or section 903 of the Foreign Service Act of 
        1980, to individuals serving in the Foreign Service.
    Sec. 213. (a) Authority.--Notwithstanding any other 
provision of law, the Director of NIH (``Director'') may use 
funds available under section 402(b)(7) or 402(b)(12) of the 
PHS Act to enter into transactions (other than contracts, 
cooperative agreements, or grants) to carry out research 
identified pursuant to such section 402(b)(7) (pertaining to 
the Common Fund) or research and activities described in such 
section 402(b)(12).
    (b) Peer Review.--In entering into transactions under 
subsection (a), the Director may utilize such peer review 
procedures (including consultation with appropriate scientific 
experts) as the Director determines to be appropriate to obtain 
assessments of scientific and technical merit. Such procedures 
shall apply to such transactions in lieu of the peer review and 
advisory council review procedures that would otherwise be 
required under sections 301(a)(3), 405(b)(1)(B), 405(b)(2), 
406(a)(3)(A), 492, and 494 of the PHS Act.
    Sec. 214.  Funds which are available for Individual 
Learning Accounts for employees of CDC and the Agency for Toxic 
Substances and Disease Registry (``ATSDR'') may be transferred 
to appropriate accounts of CDC, to be available only for 
Individual Learning Accounts:  Provided, That such funds may be 
used for any individual full-time equivalent employee while 
such employee is employed either by CDC or ATSDR.
    Sec. 215.  Notwithstanding any other provisions of law, 
discretionary funds made available in this Act may be used to 
continue operating the Council on Graduate Medical Education 
established by section 301 of Public Law 102-408.
    Sec. 216.  Not to exceed $45,000,000 of funds appropriated 
by this Act to the institutes and centers of the National 
Institutes of Health may be used for alteration, repair, or 
improvement of facilities, as necessary for the proper and 
efficient conduct of the activities authorized herein, at not 
to exceed $3,500,000 per project.

                          (transfer of funds)

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

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

    ``(a) Purpose.--The purpose of the National Center for 
Advancing Translational Sciences (in this subpart referred to 
as the `Center') is to advance translational sciences, 
including by--
            ``(1) coordinating and developing resources that 
        leverage basic research in support of translational 
        science; and
            ``(2) developing partnerships and working 
        cooperatively to foster synergy in ways that do not 
        create duplication, redundancy, and competition with 
        industry activities.
    ``(b) Clinical Trial Activities.--
            ``(1) In general.--The Center may develop and 
        provide infrastructure and resources for all phases of 
        clinical trials research. Except as provided in 
        paragraph (2), the Center may support clinical trials 
        only through the end of phase IIA.
            ``(2) Exception.--The Center may support clinical 
        trial activities through the end of phase IIB for a 
        treatment for a rare disease or condition (as defined 
        in section 526 of the Federal Food, Drug, and Cosmetic 
        Act) so long as--
                    ``(A) the Center gives public notice for a 
                period of at least 120 days of the Center's 
                intention to support the clinical trial 
                activities in phase IIB;
                    ``(B) no public or private organization 
                provides credible written intent to the Center 
                that the organization has timely plans to 
                further the clinical trial activities or 
                conduct clinical trials of a similar nature 
                beyond phase IIA; and
                    ``(C) the Center ensures that support of 
                the clinical trial activities in phase IIB will 
                not increase the Federal Government's liability 
                beyond the award value of the Center's support.
    ``(c) Annual Report.--The Center shall publish an annual 
report that, with respect to all research supported by the 
Center, includes a complete list of--
            ``(1) the molecules being studied;
            ``(2) clinical trial activities being conducted;
            ``(3) the methods and tools in development;
            ``(4) ongoing partnerships, including--
                    ``(A) the rationale for each partnership;
                    ``(B) the status of each partnership;
                    ``(C) the funding provided by the Center to 
                other entities pursuant to each partnership, 
                and
                    ``(D) the activities which have been 
                transferred to industry pursuant to each 
                partnership; and
            ``(5) known research activity of other entities 
        that is or will expand upon research activity of the 
        Center.''.
            (2) List of institutes and centers.--Section 
        401(b)(21) of the Public Health Service Act (42 U.S.C. 
        281(b)(21)) is amended by striking ``National Center 
        for Research Resources'' and inserting ``National 
        Center for Advancing Translational Sciences''.
    (b) Assignment of Certain Functions of Former National 
Center for Research Resources.--
            (1) Biomedical and behavioral research 
        facilities.--Section 481A of the Public Health Service 
        Act (42 U.S.C. 287a-2)--
                    (A) is redesignated as section 404I and is 
                moved to follow section 404H of such Act (42 
                U.S.C. 283j); and
                    (B) is amended--
                            (i) in subsection (a)(1), by 
                        striking ``acting through the Director 
                        of the Center or the Director of the 
                        National Institute of Allergy and 
                        Infectious Diseases'' and inserting 
                        ``acting through the Office of the 
                        Director of NIH or the Director of the 
                        National Institute of Allergy and 
                        Infectious Diseases'';
                            (ii) in subsections (c), (d), (e), 
                        and (f)(2), by striking ``Director of 
                        the Center or the Director of the 
                        National Institute of Allergy and 
                        Infectious Diseases'' each place it 
                        appears and inserting ``Director of 
                        NIH, acting through the Office of the 
                        Director of NIH or the National 
                        Institute of Allergy and Infectious 
                        Diseases,'';
                            (iii) in subsection (b)(2), by 
                        striking ``Director of the Center'' 
                        each place it appears and inserting 
                        ``Director of NIH'';
                            (iv) in subsections (b)(3)(A), 
                        (f)(1), and (g), by striking the comma 
                        at the end of ``Director of the 
                        Center,'' each place it appears;
                            (v) by striking ``Director of the 
                        Center'' each place it appears and 
                        inserting ``Director of NIH, acting 
                        through the Office of the Director of 
                        NIH,'';
                            (vi) in subsection (b)--
                                    (I) in paragraph (1)(A), by 
                                striking ``within the Center''; 
                                and
                                    (II) in paragraph (2)--
                                            (aa) in 
                                        subparagraph (A), by 
                                        striking ``and the 
                                        advisory council 
                                        established under 
                                        section 480 (in this 
                                        section referred to as 
                                        the `Advisory 
                                        Council')'' and 
                                        inserting ``and the 
                                        Council of Councils 
                                        established under 
                                        section 402(l) (in this 
                                        section referred to as 
                                        the `Council')''; and
                                            (bb) in 
                                        subparagraphs (B), (C), 
                                        and (D), by striking 
                                        ``Advisory'' each place 
                                        it appears; and
                            (vii) in subsection (g), by 
                        striking ``after consultation with the 
                        Advisory Council'' and inserting 
                        ``after consultation with the 
                        Council''.
            (2) Construction of regional centers for research 
        on primates.--Section 481B of the Public Health Service 
        Act (42 U.S.C. 287a-3)--
                    (A) is redesignated as section 404J and is 
                moved to follow section 404I, as redesignated 
                by paragraph (1); and
                    (B) in subsection (a), is amended--
                            (i) by striking ``by the National 
                        Center for Research Resources'' and 
                        inserting ``by the Director of NIH, 
                        acting through the Office of the 
                        Director of NIH,''; and
                            (ii) by striking ``481A'' and 
                        inserting ``404I''.
            (3) Sanctuary system for surplus chimpanzees.--
        Section 481C of the Public Health Service Act (42 
        U.S.C. 287a-3a)--
                    (A) is redesignated as section 404K and is 
                moved to follow section 404J, as redesignated 
                by paragraph (2); and
                    (B) in subsection (d)(4)(A)(ii), is amended 
                by striking ``that is carried out by the 
                National Center for Research Resources'' and 
                inserting ``that is carried out by the Director 
                of NIH, acting through the Office of the 
                Director of NIH,''.
            (4) Shared instrumentation grant program.--Section 
        305 of the Public Health Improvement Act (42 U.S.C. 287 
        note)--
                    (A) is redesignated as section 404L of the 
                Public Health Service Act and is moved to 
                follow section 404K of that Act, as 
                redesignated by paragraph (3); and
                    (B) is amended--
                            (i) by striking subsection (a) and 
                        redesignating subsections (b) and (c) 
                        as subsections (a) and (b), 
                        respectively;
                            (ii) in subsection (a), as so 
                        redesignated, by striking ``under the 
                        program described in subsection (a)'' 
                        and inserting ``under the Shared 
                        Instrumentation Grant Program'';
                            (iii) by striking ``Director of the 
                        National Center for Research 
                        Resources'' each place it appears and 
                        inserting ``Director of NIH, acting 
                        through the Office of the Director of 
                        NIH,''; and
                            (iv) in subsection (b), as so 
                        redesignated--
                                    (I) by striking ``in 
                                subsection (a)'' and inserting 
                                ``in subsection (a), the''; and
                                    (II) by striking ``of the 
                                Public Health Service Act (42 
                                U.S.C. 289a)''.
            (5) Institutional development award program.--Title 
        IV of the Public Health Service Act (42 U.S.C. 281 et 
        seq.) is amended--
                    (A) in section 461, by striking the section 
                heading and designation and all that follows 
                through ``The general purpose'' and inserting 
                the following:

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

    ``(a) General Purpose.--The general purpose'';
                    (B) by moving subsection (g) of section 402 
                to the end of section 461, as amended, and 
                redesignating that subsection as subsection 
                (b); and
                    (C) in section 461(b), as so redesignated--
                            (i) by striking ``(b)(1)(A) In the 
                        case of'' and inserting the following:
    ``(b) Institutional Development Award Program.--
            ``(1)(A) In the case of'';
                            (ii) by moving two ems to the 
                        right--
                                    (I) subparagraphs (B) and 
                                (C) of paragraph (1);
                                    (II) clauses (i), (ii), and 
                                (iii) of such subparagraph (C); 
                                and
                                    (III) paragraph (2); and
                            (iii) in paragraph (1)(A), by 
                        striking ``acting through the Director 
                        of the National Center for Research 
                        Resources'' and inserting ``acting 
                        through the Director of the National 
                        Institute of General Medical 
                        Sciences''.
    (c) Assignment of Certain Offices and Functions to National 
Center for Advancing Translational Sciences.--
            (1) Cures acceleration network.--Section 402C of 
        the Public Health Service Act (42 U.S.C. 282d)--
                    (A) is redesignated as section 480 and is 
                moved to follow section 479;
                    (B) in subsection (b), is amended in the 
                matter that precedes paragraph (1) by striking 
                ``within the Office of the Director of NIH'' 
                and inserting ``within the Center'';
                    (C) by striking ``Director of NIH'' each 
                place it appears and inserting ``Director of 
                the Center''; and
                    (D) in the headings of subsections (d)(4) 
                and (d)(4)(B), by striking ``Director of nih'' 
                each place it appears and inserting ``Director 
                of the center''.
            (2) Office of rare diseases.--Title IV of the 
        Public Health Service Act (42 U.S.C. 281 et seq.) is 
        amended--
                    (A) in section 404F--
                            (i) by redesignating such section 
                        as section 481 and moving such section 
                        to follow section 480, as redesignated 
                        by paragraph (1);
                            (ii) in subsection (a)--
                                    (I) by striking ``within 
                                the Office of the Director of 
                                NIH'' and inserting ``within 
                                the Center''; and
                                    (II) by striking ``Director 
                                of NIH'' and inserting 
                                ``Director of the Center''; and
                            (iii) in subsection (b)(1)(C), by 
                        striking ``404G'' and inserting 
                        ``481A''; and
                    (B) in section 401(c)(2)(A), by striking 
                ``the Office of Rare Diseases,''.
            (3) Rare disease regional centers of excellence.--
        Section 404G of the Public Health Service Act (42 
        U.S.C. 283i) is redesignated as section 481A and is 
        moved to follow section 481, as redesignated by 
        paragraph (2).
            (4) General clinical research centers.--Section 
        481D of the Public Health Service Act (42 U.S.C. 287a-
        4)--
                    (A) is redesignated as section 481B; and
                    (B) in subsection (a), is amended by 
                striking ``Director of the National Center for 
                Research Resources'' and inserting ``Director 
                of the Center''.
    (d) Conforming Amendments.--Title IV of the Public Health 
Service Act (42 U.S.C. 281 et seq.) is amended--
            (1) in section 402(b)(24) (42 U.S.C. 282(b)(24)), 
        by striking ``402C'' and inserting ``480'';
            (2) in section 404C(e)(3)(A) (42 U.S.C. 
        283e(e)(3)(A)), by striking ``and the Director of the 
        Center for Research Resources'';
            (3) in section 464z-3(i)(1) (42 U.S.C. 
        285t(i)(1))--
                    (A) by striking ``Director of National 
                Institute for Research Resources'' and 
                inserting ``Director of NIH'';
                    (B) by striking ``481(c)(3)'' and inserting 
                ``404I(c)(2)''; and
                    (C) by inserting ``under such section'' 
                after ``Institutions of Emerging Excellence'';
            (4) in section 499(c)(1)(E) (42 U.S.C. 
        290b(c)(1)(E)), by striking ``section 402C'' and 
        inserting ``section 480''.
      Sec. 222. The discretionary appropriation for CDC is 
hereby reduced by $20,000,000: Provided, That the reduction 
should be taken from contracting and administrative costs in 
each of the CDC accounts.
    This title may be cited as the ``Department of Health and 
Human Services Appropriations Act, 2012''.

                               TITLE III

                        DEPARTMENT OF EDUCATION

                    Education for the Disadvantaged

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

                               Impact Aid

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

                      School Improvement Programs

    For carrying out school improvement activities authorized 
by parts A and B of title II, part B of title IV, parts A and B 
of title VI, and parts B and C of title VII of the ESEA; the 
McKinney-Vento Homeless Assistance Act; section 203 of the 
Educational Technical Assistance Act of 2002; the Compact of 
Free Association Amendments Act of 2003; and the Civil Rights 
Act of 1964, $4,550,018,000, of which $2,725,246,000 shall 
become available on July 1, 2012, and remain available through 
September 30, 2013, and of which $1,681,441,000 shall become 
available on October 1, 2012, and shall remain available 
through September 30, 2013, for academic year 2012-2013:  
Provided, That funds made available to carry out part B of 
title VII of the ESEA may be used for construction, renovation, 
and modernization of any elementary school, secondary school, 
or structure related to an elementary school or secondary 
school, run by the Department of Education of the State of 
Hawaii, that serves a predominantly Native Hawaiian student 
body:  Provided further, That funds made available to carry out 
part C of title VII of the ESEA shall be awarded on a 
competitive basis, and also may be used for construction:  
Provided further, That $51,210,000 shall be available to carry 
out section 203 of the Educational Technical Assistance Act of 
2002:  Provided further, That $17,652,000 shall be available to 
carry out the Supplemental Education Grants program for the 
Federated States of Micronesia and the Republic of the Marshall 
Islands:  Provided further, That up to 5 percent of these 
amounts may be reserved by the Federated States of Micronesia 
and the Republic of the Marshall Islands to administer the 
Supplemental Education Grants programs and to obtain technical 
assistance, oversight and consultancy services in the 
administration of these grants and to reimburse the United 
States Departments of Labor, Health and Human Services, and 
Education for such services:  Provided further, That up to 1.5 
percent of the funds for subpart 1 of part A of title II of the 
ESEA shall be reserved by the Secretary for competitive awards 
for teacher or principal training or professional enhancement 
activities to national not-for-profit organizations.

                            Indian Education

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

                       Innovation and Improvement

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

                 Safe Schools and Citizenship Education

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

                      English Language Acquisition

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

                           Special Education

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

            Rehabilitation Services and Disability Research

    For carrying out, to the extent not otherwise provided, the 
Rehabilitation Act of 1973, the Assistive Technology Act of 
1998, and the Helen Keller National Center Act, $3,512,019,000: 
 Provided, That the Secretary may use amounts provided in this 
Act that remain available subsequent to the reallotment of 
funds to States pursuant to section 110(b) of the 
Rehabilitation Act for activities aimed at improving the 
outcomes of children receiving Supplemental Security Income 
(SSI) and their families, including competitive grants to 
States to improve the provision and coordination of services 
for SSI child recipients in order to achieve improved health 
status, education and post-school outcomes, including 
completion of postsecondary education and employment, and to 
improve services and supports to the family or households of 
the SSI child recipient, such as education and job training for 
the parents:  Provided further, That States may award subgrants 
for a portion of the funds to other public and private, non-
profit entities:  Provided further, That any funds made 
available subsequent to reallotment for activities aimed at 
improving the outcomes of children receiving SSI and their 
families shall remain available until September 30, 2013:  
Provided further, That $2,000,000 shall be for competitive 
grants to support alternative financing programs that provide 
for the purchase of assistive technology devices, such as a 
low-interest loan fund; an interest buy-down program; a 
revolving loan fund; a loan guarantee; or insurance program:  
Provided further, That applicants shall provide an assurance 
that, and information describing the manner in which, the 
alternative financing program will expand and emphasize 
consumer choice and control:  Provided further, That State 
agencies and community-based disability organizations that are 
directed by and operated for individuals with disabilities 
shall be eligible to compete.

           Special Institutions for Persons With Disabilities

                 american printing house for the blind

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

               national technical institute for the deaf

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

                          gallaudet university

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

                 Career, Technical, and Adult Education

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

                      Student Financial Assistance

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

                       Student Aid Administration

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

                            Higher Education

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

                           Howard University

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

         College Housing and Academic Facilities Loans Program

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

  Historically Black College and University Capital Financing Program 
                                Account

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

                    Institute of Education Sciences

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

                        Departmental Management

                         program administration

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

                        office for civil rights

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

                    office of the inspector general

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

                           General Provisions

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

                          (transfer of funds)

    Sec. 304.  Not to exceed 1 percent of any discretionary 
funds (pursuant to the Balanced Budget and Emergency Deficit 
Control Act of 1985) which are appropriated for the Department 
of Education in this Act may be transferred between 
appropriations, but no such appropriation shall be increased by 
more than 3 percent by any such transfer:  Provided, That the 
transfer authority granted by this section shall not be used to 
create any new program or to fund any project or activity for 
which no funds are provided in this Act:  Provided further, 
That the Committees on Appropriations of the House of 
Representatives and the Senate are notified at least 15 days in 
advance of any transfer.
    Sec. 305.  The Outlying Areas may consolidate funds 
received under this Act, pursuant to 48 U.S.C. 1469a, under 
part A of title V of the ESEA.
    Sec. 306.  Section 105(f)(1)(B)(ix) of the Compact of Free 
Association Amendments Act of 2003 (48 U.S.C. 
1921d(f)(1)(B)(ix)) shall be applied by substituting ``2012'' 
for ``2009''.
    Sec. 307. (a) Notwithstanding any other provision of law, 
the Secretary is authorized to modify the terms and conditions 
of gulf hurricane disaster loans to affected institutions 
pursuant to section 2601 of Public Law 109-234 using the 
authority provided herein, on such terms as the Secretary, the 
Secretary of the Treasury, and the Director of the Office of 
Management and Budget jointly determine are in the best 
interests of both the United States and the borrowers, and 
necessary to mitigate the economic effects of Hurricanes 
Katrina and Rita. Any modification under this section shall not 
result in any net cost to the Federal Government, as jointly 
determined by the Secretary, the Secretary of the Treasury, and 
the Director of the Office of Management and Budget, beginning 
on the date on which the Secretary modifies a loan under this 
section.
    (b)  Federal Register Notice.--The Secretary, the Secretary 
of the Treasury, and the Director of the Office of Management 
and Budget, shall jointly publish a notice in the Federal 
Register prior to any modification of loans under paragraph (a) 
that--
            (1) establishes the terms and conditions governing 
        the modifications authorized by paragraph (a);
            (2) includes an outline of the methodology and 
        factors that the Secretary, the Secretary of the 
        Treasury, and the Director of the Office of Management 
        and Budget, will jointly consider in evaluating the 
        modification of the loans made under this title; and
            (3) describes how the use of such methodology and 
        consideration of such factors used to determine the 
        modifications will ensure that loan modifications do 
        not result in any net cost to the Federal Government.
    (c) Fees.--An affected institution that receives a 
modification to its disaster loan pursuant to section 2601 of 
Public Law 109-234 shall pay a fee to the Secretary which shall 
be credited to the HBCU Hurricane Supplemental Loan Program. 
Such fees shall remain available without fiscal year limitation 
to pay the modification costs. The amount of the fee paid shall 
be equal to the modification cost as jointly determined by the 
Secretary, the Secretary of the Treasury, and the Director of 
the Office of Management and Budget, calculated in accordance 
with section 502 of the Federal Credit Reform Act of 1990, as 
amended, of such loan.
    Sec. 308.  Section 14006(c)(2) of division A of the 
American Recovery and Reinvestment Act of 2009 (as amended by 
section 1832(b) of division B of Public Law 112-10) is amended 
by inserting before the period, ``except that such a State may 
use its grant funds to make subgrants to public or private 
agencies and organizations for activities consistent with the 
purposes of the grant''.
    Sec. 309. (a) Federal Pell Grant Eligibility.--
            (1) Minimum level.--Section 401(b)(4) of the HEA 
        (20 U.S.C. 1070a(b)(4)) is amended by striking ``, 
        except that'' and all that follows and inserting a 
        period.
            (2) Duration of award period.--Section 401(c)(5) of 
        the HEA (20 U.S.C. 1070a(c)(5)) is amended--
                    (A) by striking ``18'' each place it 
                appears and inserting ``12''; and
                    (B) by striking the last sentence.
    (b) Zero Expected Family Contribution.--Section 479(c) of 
the HEA (20 U.S.C. 1087ss(c)) is amended--
            (1) in paragraph (1)(B), by striking ``$30,000'' 
        and inserting ``$23,000''; and
            (2) in paragraph (2)(B), by striking ``$30,000'' 
        and inserting ``$23,000''.
    (c) Students Who Are Not High School Graduates.--
            (1) Amendment.--Section 484(d) of the HEA (20 
        U.S.C. 1091(d)) is amended--
                    (A) in the matter preceding paragraph (1), 
                by striking ``meet one of the following 
                standards:'';
                    (B) by striking paragraphs (1), (2), and 
                (4); and
                    (C) in paragraph (3), by striking ``(3) The 
                student has'' and inserting ``have''; and
            (2) Transition.--The amendment made by paragraph 
        (1) shall apply to students who first enroll in a 
        program of study on or after July 1, 2012.
            (3) Conforming change.--Section 101(a)(1) of the 
        HEA (20 U.S.C. 1001(a)(1) is amended by striking 
        ``section 484(d)(3)'' and inserting ``section 484(d)''.
    (d) Temporary Elimination of Interest Subsidy During 
Student Loan Grace Period.--
            (1) Section 428(a)(3)(A)(i)(I) of the HEA (20 
        U.S.C. 1078(a)(3)(A)(i)(I)) is amended to read as 
        follows:
                                    ``(I) which accrues prior 
                                to the date the student ceases 
                                to carry at least one-half the 
                                normal full-time academic 
                                workload (as determined by the 
                                institution), or''.
            (2) The amendment made by paragraph (1) shall apply 
        to new Federal Direct Stafford Loans made on or after 
        July 1, 2012 and before July 1, 2014.
    (e) Revised Special Allowance Calculation.--
            (1) Revised calculation rule.--Section 438(b)(2)(I) 
        of the HEA (20 U.S.C. 1087-1(b)(2)(I)) is amended by 
        adding at the end the following:
                            ``(vii) Revised calculation rule to 
                        reflect financial market conditions.--
                                    ``(I) Calculation based on 
                                libor.--For the calendar 
                                quarter beginning on April 1, 
                                2012 and each subsequent 
                                calendar quarter, in computing 
                                the special allowance paid 
                                pursuant to this subsection 
                                with respect to loans described 
                                in subclause (II), clause 
                                (i)(I) of this subparagraph 
                                shall be applied by 
                                substituting `of the 1-month 
                                London Inter Bank Offered Rate 
                                (LIBOR) for United States 
                                dollars in effect for each of 
                                the days in such quarter as 
                                compiled and released by the 
                                British Bankers Association' 
                                for `of the quotes of the 3-
                                month commercial paper 
                                (financial) rates in effect for 
                                each of the days in such 
                                quarter as reported by the 
                                Federal Reserve in Publication 
                                H-15 (or its successor) for 
                                such 3-month period'.
                                    ``(II) Loans eligible for 
                                libor-based calculation.--The 
                                special allowance paid pursuant 
                                to this subsection shall be 
                                calculated as described in 
                                subclause (I) with respect to 
                                special allowance payments for 
                                the 3-month period ending June 
                                30, 2012, and each succeeding 
                                3-month period, on loans for 
                                which the first disbursement is 
                                made on or after January 1, 
                                2000, and before July 1, 2010, 
                                if, not later than April 1, 
                                2012, the holder of the loan 
                                (or, if the holder acts as 
                                eligible lender trustee for the 
                                beneficial owner of the loan, 
                                the beneficial owner of the 
                                loan), affirmatively and 
                                permanently waives all 
                                contractual, statutory, or 
                                other legal rights to a special 
                                allowance paid pursuant to this 
                                subsection that is calculated 
                                using the formula in effect at 
                                the time the loans were first 
                                disbursed.
                                    ``(III) Terms of waiver.--
                                            ``(aa) In 
                                        general.--A waiver 
                                        pursuant to subclause 
                                        (II) shall be in a form 
                                        (printed or electronic) 
                                        prescribed by the 
                                        Secretary, and shall be 
                                        applicable to--
                                                    ``(AA) all 
                                                loans described 
                                                in such 
                                                subclause that 
                                                the lender 
                                                holds solely in 
                                                its own right 
                                                under any 
                                                lender 
                                                identification 
                                                number 
                                                associated with 
                                                the holder 
                                                (pursuant to 
                                                section 487B);
                                                    ``(BB) all 
                                                loans described 
                                                in such 
                                                subclause for 
                                                which the 
                                                beneficial 
                                                owner has the 
                                                authority to 
                                                make an 
                                                election of a 
                                                waiver under 
                                                such subclause, 
                                                regardless of 
                                                the lender 
                                                identification 
                                                number 
                                                associated with 
                                                the loan or the 
                                                lender that 
                                                holds the loan 
                                                as eligible 
                                                lender trustee 
                                                on behalf of 
                                                such beneficial 
                                                owner; and
                                                    ``(CC) all 
                                                future 
                                                calculations of 
                                                the special 
                                                allowance on 
                                                loans that, on 
                                                the date of 
                                                such waiver, 
                                                are loans 
                                                described in 
                                                subitem (AA) or 
                                                (BB), or that, 
                                                after such 
                                                date, become 
                                                loans described 
                                                in subitem (AA) 
                                                or (BB).
                                            ``(bb) 
                                        Exceptions.--Any waiver 
                                        pursuant to subclause 
                                        (II) that is elected 
                                        for loans described in 
                                        subitem (AA) or (BB) of 
                                        item (aa) shall not 
                                        apply to any loan 
                                        described in such 
                                        subitem for which the 
                                        lender or beneficial 
                                        owner of the loan 
                                        demonstrates to the 
                                        satisfaction of the 
                                        Secretary that--
                                                    ``(AA) in 
                                                accordance with 
                                                an agreement 
                                                entered into 
                                                before the date 
                                                of enactment of 
                                                this section by 
                                                which such 
                                                lender or owner 
                                                is governed and 
                                                that applies to 
                                                such loans, 
                                                such lender or 
                                                owner is not 
                                                legally 
                                                permitted to 
                                                make an 
                                                election of 
                                                such waiver 
                                                with respect to 
                                                such loans 
                                                without the 
                                                approval of one 
                                                or more third 
                                                parties with an 
                                                interest in the 
                                                loans, and that 
                                                the lender or 
                                                owner followed 
                                                all available 
                                                options under 
                                                such agreement 
                                                to obtain such 
                                                approval, and 
                                                was unable to 
                                                do so; or
                                                    ``(BB) such 
                                                lender or 
                                                beneficial 
                                                owner presented 
                                                the proposal of 
                                                electing such a 
                                                waiver 
                                                applicable to 
                                                such loans 
                                                associated with 
                                                an obligation 
                                                rated by a 
                                                nationally 
                                                recognized 
                                                statistical 
                                                rating 
                                                organization 
                                                (as defined in 
                                                section 
                                                3(a)(62) of the 
                                                Securities 
                                                Exchange Act of 
                                                1934), and such 
                                                rating 
                                                organization 
                                                provided a 
                                                written opinion 
                                                that the agency 
                                                would downgrade 
                                                the rating 
                                                applicable to 
                                                such obligation 
                                                if the lender 
                                                or owner 
                                                elected such a 
                                                waiver.''.
            (2) Conforming amendments.--Section 438(b)(2)(I) of 
        the HEA (20 U.S.C. 1087-1(b)(2)(I)) is further 
        amended--
                    (A) in clause (i)(II), by striking ``such 
                average bond equivalent rate'' and inserting 
                ``the rate determined under subclause (I) (in 
                accordance with clause (vii))''; and
                    (B) in clause (v)(III), by striking ``(iv), 
                and (vi)'' and inserting ``(iv), (vi), and 
                (vii)''.
    (f) Reappropriation of Mandatory Savings.--Section 
401(b)(7)(A)(iv) of the HEA (20 U.S.C. 1070a(b)(7)(A)(iv)) is 
amended to read as follows:
                            ``(iv) to carry out this section--
                                    ``(I) $13,500,000,000 for 
                                fiscal year 2011;
                                    ``(II) $13,795,000,000 for 
                                fiscal year 2012;
                                    ``(III) $7,587,000,000 for 
                                fiscal year 2013;
                                    ``(IV) $588,000,000 for 
                                fiscal year 2014;
                                    ``(V) $0 for fiscal year 
                                2015;
                                    ``(VI) $0 for fiscal year 
                                2016;
                                    ``(VII) $1,574,000,000 for 
                                fiscal year 2017;
                                    ``(VIII) $1,382,000,000 for 
                                fiscal year 2018;
                                    ``(IX) $1,409,000,000 for 
                                fiscal year 2019;
                                    ``(X) $1,430,000,000 for 
                                fiscal year 2020; and
                                    ``(XI) $1,145,000,000 for 
                                fiscal year 2021 and each 
                                succeeding fiscal year.''.
    (g) Effective Date.--The amendments made by subsections 
(a), (b), and (c) shall take effect on July 1, 2012.
    (h) Inapplicability of Negotiated Rulemaking and Master 
Calendar Exception.--Sections 482(c) and 492 of the HEA (20 
U.S.C. 1089(c), 1098a) shall not apply to the amendments made 
by this section, or to any regulations promulgated under those 
amendments.
    This title may be cited as the ``Department of Education 
Appropriations Act, 2012''.

                                TITLE IV

                            RELATED AGENCIES

 Committee for Purchase From People Who Are Blind or Severely Disabled

                         salaries and expenses

    For expenses necessary for the Committee for Purchase From 
People Who Are Blind or Severely Disabled established by Public 
Law 92-28, $5,385,000.

             Corporation for National and Community Service

                           operating expenses

    For necessary expenses for the Corporation for National and 
Community Service (referred to in this title as ``CNCS'') to 
carry out the Domestic Volunteer Service Act of 1973 (referred 
to in this title as ``1973 Act'') and the National and 
Community Service Act of 1990 (referred to in this title as 
``1990 Act''), $751,672,000, notwithstanding sections 
198B(b)(3), 198S(g), 501(a)(4)(C), and 501(a)(4)(F) of the 1990 
Act:  Provided, That of the amounts provided under this 
heading: (1) up to 1 percent of program grant funds may be used 
to defray the costs of conducting grant application reviews, 
including the use of outside peer reviewers and electronic 
management of the grants cycle; (2) $44,900,000 shall be 
available for expenses authorized under section 501(a)(4)(E) of 
the 1990 Act; (3) $2,000,000 shall be available for expenses to 
carry out sections 112(e), 179A, and 198O and subtitle J of 
title I of the 1990 Act, notwithstanding section 501(a)(6) of 
the 1990 Act; (4) $13,466,000 shall be available to provide 
assistance to State commissions on national and community 
service, under section 126(a) of the 1990 Act and 
notwithstanding section 501(a)(5)(B) of the 1990 Act; (5) 
$31,942,000 shall be available to carry out subtitle E of the 
1990 Act; and (6) $3,992,000 shall be available for expenses 
authorized under section 501(a)(4)(F) of the 1990 Act, which, 
notwithstanding the provisions of section 198P shall be awarded 
by CNCS on a competitive basis:  Provided further, That, with 
respect to amounts provided under this heading for State 
Service Commissions, section 126 of the 1990 Act shall be 
applied by substituting ``$200,000'' for ``$250,000'' each 
place that it appears.

                         national service trust

                     (including transfer of funds)

    For necessary expenses for the National Service Trust 
established under subtitle D of title I of the 1990 Act, 
$212,198,000, to remain available until expended:  Provided, 
That CNCS may transfer additional funds from the amount 
provided within ``Operating Expenses'' allocated to grants 
under subtitle C of title I of the 1990 Act to the National 
Service Trust upon determination that such transfer is 
necessary to support the activities of national service 
participants and after notice is transmitted to the Committees 
on Appropriations of the House of Representatives and the 
Senate:  Provided further, That amounts appropriated for or 
transferred to the National Service Trust may be invested under 
section 145(b) of the 1990 Act without regard to the 
requirement to apportion funds under 31 U.S.C. 1513(b).

                         salaries and expenses

    For necessary expenses of administration as provided under 
section 501(a)(5) of the 1990 Act and under section 504(a) of 
the 1973 Act, including payment of salaries, authorized travel, 
hire of passenger motor vehicles, the rental of conference 
rooms in the District of Columbia, the employment of experts 
and consultants authorized under 5 U.S.C. 3109, and not to 
exceed $2,500 for official reception and representation 
expenses, $83,000,000.

                      office of inspector general

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

                       administrative provisions

    Sec. 401.  CNCS shall make any significant changes to 
program requirements, service delivery or policy only through 
public notice and comment rulemaking. For fiscal year 2012, 
during any grant selection process, an officer or employee of 
CNCS shall not knowingly disclose any covered grant selection 
information regarding such selection, directly or indirectly, 
to any person other than an officer or employee of CNCS that is 
authorized by CNCS to receive such information.
    Sec. 402.  AmeriCorps programs receiving grants under the 
National Service Trust program shall meet an overall minimum 
share requirement of 24 percent for the first 3 years that they 
receive AmeriCorps funding, and thereafter shall meet the 
overall minimum share requirement as provided in section 
2521.60 of title 45, Code of Federal Regulations, without 
regard to the operating costs match requirement in section 
121(e) or the member support Federal share limitations in 
section 140 of the 1990 Act, and subject to partial waiver 
consistent with section 2521.70 of title 45, Code of Federal 
Regulations.
    Sec. 403.  Donations made to CNCS under section 196 of the 
1990 Act for the purposes of financing programs and operations 
under titles I and II of the 1973 Act or subtitle B, C, D, or E 
of title I of the 1990 Act shall be used to supplement and not 
supplant current programs and operations.
    Sec. 404.  In addition to the requirements in section 
146(a) of the 1990 Act, use of an educational award for the 
purpose described in section 148(a)(4) shall be limited to 
individuals who are veterans as defined under section 101 of 
the Act.

                  Corporation for Public Broadcasting

    For payment to the Corporation for Public Broadcasting 
(referred to in this Act as ``CPB''), as authorized by the 
Communications Act of 1934, an amount which shall be available 
within limitations specified by that Act, for the fiscal year 
2014, $445,000,000:  Provided, That none of the funds made 
available to CPB by this Act shall be used to pay for 
receptions, parties, or similar forms of entertainment for 
Government officials or employees:  Provided further, That none 
of the funds made available to CPB by this Act shall be 
available or used to aid or support any program or activity 
from which any person is excluded, or is denied benefits, or is 
discriminated against, on the basis of race, color, national 
origin, religion, or sex:  Provided further, That none of the 
funds made available to CPB by this Act shall be used to apply 
any political test or qualification in selecting, appointing, 
promoting, or taking any other personnel action with respect to 
officers, agents, and employees of CPB:  Provided further, That 
none of the funds made available to CPB by this Act shall be 
used to support the Television Future Fund or any similar 
purpose.

               Federal Mediation and Conciliation Service

                         salaries and expenses

    For expenses necessary for the Federal Mediation and 
Conciliation Service (``Service'') to carry out the functions 
vested in it by the Labor-Management Relations Act, 1947, 
including hire of passenger motor vehicles; for expenses 
necessary for the Labor-Management Cooperation Act of 1978; and 
for expenses necessary for the Service to carry out the 
functions vested in it by the Civil Service Reform Act, 
$46,250,000:  Provided, That notwithstanding 31 U.S.C. 3302, 
fees charged, up to full-cost recovery, for special training 
activities and other conflict resolution services and technical 
assistance, including those provided to foreign governments and 
international organizations, and for arbitration services shall 
be credited to and merged with this account, and shall remain 
available until expended:  Provided further, That fees for 
arbitration services shall be available only for education, 
training, and professional development of the agency workforce: 
 Provided further, That the Director of the Service is 
authorized to accept and use on behalf of the United States 
gifts of services and real, personal, or other property in the 
aid of any projects or functions within the Director's 
jurisdiction.

            Federal Mine Safety and Health Review Commission

                         salaries and expenses

    For expenses necessary for the Federal Mine Safety and 
Health Review Commission, $17,637,000.

                Institute of Museum and Library Services

    office of museum and library services: grants and administration

    For carrying out the Museum and Library Services Act of 
1996 and the National Museum of African American History and 
Culture Act, $232,393,000.

            Medicaid and CHIP Payment and Access Commission

                         salaries and expenses

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

                  Medicare Payment Advisory Commission

                         salaries and expenses

    For expenses necessary to carry out section 1805 of the 
Social Security Act, $11,800,000, to be transferred to this 
appropriation from the Federal Hospital Insurance Trust Fund 
and the Federal Supplementary Medical Insurance Trust Fund.

                     National Council on Disability

                         salaries and expenses

    For expenses necessary for the National Council on 
Disability as authorized by title IV of the Rehabilitation Act 
of 1973, $3,264,000.

                     National Labor Relations Board

                         salaries and expenses

    For expenses necessary for the National Labor Relations 
Board to carry out the functions vested in it by the Labor-
Management Relations Act, 1947, and other laws, $278,833,000:  
Provided, That no part of this appropriation shall be available 
to organize or assist in organizing agricultural laborers or 
used in connection with investigations, hearings, directives, 
or orders concerning bargaining units composed of agricultural 
laborers as referred to in section 2(3) of the Act of July 5, 
1935, and as amended by the Labor-Management Relations Act, 
1947, and as defined in section 3(f) of the Act of June 25, 
1938, and including in said definition employees engaged in the 
maintenance and operation of ditches, canals, reservoirs, and 
waterways when maintained or operated on a mutual, nonprofit 
basis and at least 95 percent of the water stored or supplied 
thereby is used for farming purposes.

                        administrative provision

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

                        National Mediation Board

                         salaries and expenses

    For expenses necessary to carry out the provisions of the 
Railway Labor Act, including emergency boards appointed by the 
President, $13,436,000.

            Occupational Safety and Health Review Commission

                         salaries and expenses

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

                       Railroad Retirement Board

                     dual benefits payments account

    For payment to the Dual Benefits Payments Account, 
authorized under section 15(d) of the Railroad Retirement Act 
of 1974, $51,000,000, which shall include amounts becoming 
available in fiscal year 2012 pursuant to section 224(c)(1)(B) 
of Public Law 98-76; and in addition, an amount, not to exceed 
2 percent of the amount provided herein, shall be available 
proportional to the amount by which the product of recipients 
and the average benefit received exceeds the amount available 
for payment of vested dual benefits:  Provided, That the total 
amount provided herein shall be credited in 12 approximately 
equal amounts on the first day of each month in the fiscal 
year.

          federal payments to the railroad retirement accounts

    For payment to the accounts established in the Treasury for 
the payment of benefits under the Railroad Retirement Act for 
interest earned on unnegotiated checks, $150,000, to remain 
available through September 30, 2013, which shall be the 
maximum amount available for payment pursuant to section 417 of 
Public Law 98-76.

                      limitation on administration

    For necessary expenses for the Railroad Retirement Board 
(``Board'') for administration of the Railroad Retirement Act 
and the Railroad Unemployment Insurance Act, $108,855,000, to 
be derived in such amounts as determined by the Board from the 
railroad retirement accounts and from moneys credited to the 
railroad unemployment insurance administration fund.

             limitation on the office of inspector general

    For expenses necessary for the Office of Inspector General 
for audit, investigatory and review activities, as authorized 
by the Inspector General Act of 1978, not more than $8,170,000, 
to be derived from the railroad retirement accounts and 
railroad unemployment insurance account.

                     Social Security Administration

                payments to social security trust funds

    For payment to the Federal Old-Age and Survivors Insurance 
Trust Fund and the Federal Disability Insurance Trust Fund, as 
provided under sections 201(m), 228(g), and 1131(b)(2) of the 
Social Security Act, $20,404,000.

                  supplemental security income program

    For carrying out titles XI and XVI of the Social Security 
Act, section 401 of Public Law 92-603, section 212 of Public 
Law 93-66, as amended, and section 405 of Public Law 95-216, 
including payment to the Social Security trust funds for 
administrative expenses incurred pursuant to section 201(g)(1) 
of the Social Security Act, $37,582,991,000, to remain 
available until expended:  Provided, That any portion of the 
funds provided to a State in the current fiscal year and not 
obligated by the State during that year shall be returned to 
the Treasury:  Provided further, That not more than $8,000,000 
shall be available for research and demonstrations under 
sections 1110 and 1144 of the Social Security Act and remain 
available through September 30, 2013.
    For making, after June 15 of the current fiscal year, 
benefit payments to individuals under title XVI of the Social 
Security Act, for unanticipated costs incurred for the current 
fiscal year, such sums as may be necessary.
    For making benefit payments under title XVI of the Social 
Security Act for the first quarter of fiscal year 2013, 
$18,200,000,000, to remain available until expended.

                 limitation on administrative expenses

    For necessary expenses, including the hire of two passenger 
motor vehicles, and not to exceed $20,000 for official 
reception and representation expenses, not more than 
$10,555,494,000 may be expended, as authorized by section 
201(g)(1) of the Social Security Act, from any one or all of 
the trust funds referred to in such section:  Provided, That 
not less than $2,150,000 shall be for the Social Security 
Advisory Board:  Provided further, That unobligated balances of 
funds provided under this paragraph at the end of fiscal year 
2012 not needed for fiscal year 2012 shall remain available 
until expended to invest in the Social Security Administration 
information technology and telecommunications hardware and 
software infrastructure, including related equipment and non-
payroll administrative expenses associated solely with this 
information technology and telecommunications infrastructure:  
Provided further, That the Commissioner of Social Security 
shall notify the Committees on Appropriations of the House of 
Representatives and the Senate prior to making unobligated 
balances available under the authority in the previous proviso: 
 Provided further, That reimbursement to the trust funds under 
this heading for expenditures for official time for employees 
of the Social Security Administration pursuant to 5 U.S.C. 
7131, and for facilities or support services for labor 
organizations pursuant to policies, regulations, or procedures 
referred to in section 7135(b) of such title shall be made by 
the Secretary of the Treasury, with interest, from amounts in 
the general fund not otherwise appropriated, as soon as 
possible after such expenditures are made.
    In addition, for continuing disability reviews under titles 
II and XVI of the Social Security Act and for the cost 
associated with conducting redeterminations of eligibility 
under title XVI of the Social Security Act, $274,000,000 may be 
expended, as authorized by section 201(g)(1) of the Social 
Security Act, from any one or all of the trust funds referred 
to therein: Provided, That the Commissioner shall provide to 
the Congress (at the conclusion of the fiscal year) a report on 
the obligation and expenditure of these funds, similar to the 
reports that were required by section 103(d)(2) of Public Law 
104-121 for fiscal years 1996 through 2002.
    In addition, $161,000,000 to be derived from administration 
fees in excess of $5.00 per supplementary payment collected 
pursuant to section 1616(d) of the Social Security Act or 
section 212(b)(3) of Public Law 93-66, which shall remain 
available until expended. To the extent that the amounts 
collected pursuant to such sections in fiscal year 2012 exceed 
$161,000,000, the amounts shall be available in fiscal year 
2013 only to the extent provided in advance in appropriations 
Acts.
    In addition, up to $1,000,000 to be derived from fees 
collected pursuant to section 303(c) of the Social Security 
Protection Act, which shall remain available until expended.

                      office of inspector general

                     (including transfer of funds)

    For expenses necessary for the Office of Inspector General 
in carrying out the provisions of the Inspector General Act of 
1978, $28,942,000, together with not to exceed $73,535,000, to 
be transferred and expended as authorized by section 201(g)(1) 
of the Social Security Act from the Federal Old-Age and 
Survivors Insurance Trust Fund and the Federal Disability 
Insurance Trust Fund.
    In addition, an amount not to exceed 3 percent of the total 
provided in this appropriation may be transferred from the 
``Limitation on Administrative Expenses'', Social Security 
Administration, to be merged with this account, to be available 
for the time and purposes for which this account is available:  
Provided, That notice of such transfers shall be transmitted 
promptly to the Committees on Appropriations of the House of 
Representatives and the Senate at least 15 days in advance of 
any transfer.

                                TITLE V

                           GENERAL PROVISIONS

                          (transfer of funds)

    Sec. 501.  The Secretaries of Labor, Health and Human 
Services, and Education are authorized to transfer unexpended 
balances of prior appropriations to accounts corresponding to 
current appropriations provided in this Act. Such transferred 
balances shall be used for the same purpose, and for the same 
periods of time, for which they were originally appropriated.
    Sec. 502.  No part of any appropriation contained in this 
Act shall remain available for obligation beyond the current 
fiscal year unless expressly so provided herein.
    Sec. 503. (a) No part of any appropriation contained in 
this Act or transferred pursuant to section 4002 of Public Law 
111-148 shall be used, other than for normal and recognized 
executive-legislative relationships, for publicity or 
propaganda purposes, for the preparation, distribution, or use 
of any kit, pamphlet, booklet, publication, electronic 
communication, radio, television, or video presentation 
designed to support or defeat the enactment of legislation 
before the Congress or any State or local legislature or 
legislative body, except in presentation to the Congress or any 
State or local legislature itself, or designed to support or 
defeat any proposed or pending regulation, administrative 
action, or order issued by the executive branch of any State or 
local government, except in presentation to the executive 
branch of any State or local government itself.
    (b) No part of any appropriation contained in this Act or 
transferred pursuant to section 4002 of Public Law 111-148 
shall be used to pay the salary or expenses of any grant or 
contract recipient, or agent acting for such recipient, related 
to any activity designed to influence the enactment of 
legislation, appropriations, regulation, administrative action, 
or Executive order proposed or pending before the Congress or 
any State government, State legislature or local legislature or 
legislative body, other than for normal and recognized 
executive-legislative relationships or participation by an 
agency or officer of a State, local or tribal government in 
policymaking and administrative processes within the executive 
branch of that government.
    (c) The prohibitions in subsections (a) and (b) shall 
include any activity to advocate or promote any proposed, 
pending or future Federal, State or local tax increase, or any 
proposed, pending, or future requirement or restriction on any 
legal consumer product, including its sale or marketing, 
including but not limited to the advocacy or promotion of gun 
control.
    Sec. 504.  The Secretaries of Labor and Education are 
authorized to make available not to exceed $28,000 and $20,000, 
respectively, from funds available for salaries and expenses 
under titles I and III, respectively, for official reception 
and representation expenses; the Director of the Federal 
Mediation and Conciliation Service is authorized to make 
available for official reception and representation expenses 
not to exceed $5,000 from the funds available for ``Federal 
Mediation and Conciliation Service, Salaries and Expenses''; 
and the Chairman of the National Mediation Board is authorized 
to make available for official reception and representation 
expenses not to exceed $5,000 from funds available for 
``National Mediation Board, Salaries and Expenses''.
    Sec. 505.  When issuing statements, press releases, 
requests for proposals, bid solicitations and other documents 
describing projects or programs funded in whole or in part with 
Federal money, all grantees receiving Federal funds included in 
this Act, including but not limited to State and local 
governments and recipients of Federal research grants, shall 
clearly state--
            (1) the percentage of the total costs of the 
        program or project which will be financed with Federal 
        money;
            (2) the dollar amount of Federal funds for the 
        project or program; and
            (3) percentage and dollar amount of the total costs 
        of the project or program that will be financed by non-
        governmental sources.
    Sec. 506. (a) None of the funds appropriated in this Act, 
and none of the funds in any trust fund to which funds are 
appropriated in this Act, shall be expended for any abortion.
    (b) None of the funds appropriated in this Act, and none of 
the funds in any trust fund to which funds are appropriated in 
this Act, shall be expended for health benefits coverage that 
includes coverage of abortion.
    (c) The term ``health benefits coverage'' means the package 
of services covered by a managed care provider or organization 
pursuant to a contract or other arrangement.
    Sec. 507. (a) The limitations established in the preceding 
section shall not apply to an abortion--
            (1) if the pregnancy is the result of an act of 
        rape or incest; or
            (2) in the case where a woman suffers from a 
        physical disorder, physical injury, or physical 
        illness, including a life-endangering physical 
        condition caused by or arising from the pregnancy 
        itself, that would, as certified by a physician, place 
        the woman in danger of death unless an abortion is 
        performed.
    (b) Nothing in the preceding section shall be construed as 
prohibiting the expenditure by a State, locality, entity, or 
private person of State, local, or private funds (other than a 
State's or locality's contribution of Medicaid matching funds).
    (c) Nothing in the preceding section shall be construed as 
restricting the ability of any managed care provider from 
offering abortion coverage or the ability of a State or 
locality to contract separately with such a provider for such 
coverage with State funds (other than a State's or locality's 
contribution of Medicaid matching funds).
    (d)(1) None of the funds made available in this Act may be 
made available to a Federal agency or program, or to a State or 
local government, if such agency, program, or government 
subjects any institutional or individual health care entity to 
discrimination on the basis that the health care entity does 
not provide, pay for, provide coverage of, or refer for 
abortions.
    (2) In this subsection, the term ``health care entity'' 
includes an individual physician or other health care 
professional, a hospital, a provider-sponsored organization, a 
health maintenance organization, a health insurance plan, or 
any other kind of health care facility, organization, or plan.
    Sec. 508. (a) None of the funds made available in this Act 
may be used for--
            (1) the creation of a human embryo or embryos for 
        research purposes; or
            (2) research in which a human embryo or embryos are 
        destroyed, discarded, or knowingly subjected to risk of 
        injury or death greater than that allowed for research 
        on fetuses in utero under 45 CFR 46.204(b) and section 
        498(b) of the Public Health Service Act (42 U.S.C. 
        289g(b)).
    (b) For purposes of this section, the term ``human embryo 
or embryos'' includes any organism, not protected as a human 
subject under 45 CFR 46 as of the date of the enactment of this 
Act, that is derived by fertilization, parthenogenesis, 
cloning, or any other means from one or more human gametes or 
human diploid cells.
    Sec. 509. (a) None of the funds made available in this Act 
may be used for any activity that promotes the legalization of 
any drug or other substance included in schedule I of the 
schedules of controlled substances established under section 
202 of the Controlled Substances Act except for normal and 
recognized executive-congressional communications.
    (b) The limitation in subsection (a) shall not apply when 
there is significant medical evidence of a therapeutic 
advantage to the use of such drug or other substance or that 
federally sponsored clinical trials are being conducted to 
determine therapeutic advantage.
    Sec. 510.  None of the funds made available in this Act may 
be used to promulgate or adopt any final standard under section 
1173(b) of the Social Security Act providing for, or providing 
for the assignment of, a unique health identifier for an 
individual (except in an individual's capacity as an employer 
or a health care provider), until legislation is enacted 
specifically approving the standard.
    Sec. 511.  None of the funds made available in this Act may 
be obligated or expended to enter into or renew a contract with 
an entity if--
            (1) such entity is otherwise a contractor with the 
        United States and is subject to the requirement in 38 
        U.S.C. 4212(d) regarding submission of an annual report 
        to the Secretary of Labor concerning employment of 
        certain veterans; and
            (2) such entity has not submitted a report as 
        required by that section for the most recent year for 
        which such requirement was applicable to such entity.
    Sec. 512.  None of the funds made available in this Act may 
be transferred to any department, agency, or instrumentality of 
the United States Government, except pursuant to a transfer 
made by, or transfer authority provided in, this Act or any 
other appropriation Act.
    Sec. 513.  None of the funds made available by this Act to 
carry out the Library Services and Technology Act may be made 
available to any library covered by paragraph (1) of section 
224(f) of such Act, as amended by the Children's Internet 
Protection Act, unless such library has made the certifications 
required by paragraph (4) of such section.
    Sec. 514.  None of the funds made available by this Act to 
carry out part D of title II of the Elementary and Secondary 
Education Act of 1965 may be made available to any elementary 
or secondary school covered by paragraph (1) of section 2441(a) 
of such Act, as amended by the Children's Internet Protection 
Act and the No Child Left Behind Act, unless the local 
educational agency with responsibility for such covered school 
has made the certifications required by paragraph (2) of such 
section.
    Sec. 515. (a) None of the funds provided under this Act, or 
provided under previous appropriations Acts to the agencies 
funded by this Act that remain available for obligation or 
expenditure in fiscal year 2012, or provided from any accounts 
in the Treasury of the United States derived by the collection 
of fees available to the agencies funded by this Act, shall be 
available for obligation or expenditure through a reprogramming 
of funds that--
            (1) creates new programs;
            (2) eliminates a program, project, or activity;
            (3) increases funds or personnel by any means for 
        any project or activity for which funds have been 
        denied or restricted;
            (4) relocates an office or employees;
            (5) reorganizes or renames offices;
            (6) reorganizes programs or activities; or
            (7) contracts out or privatizes any functions or 
        activities presently performed by Federal employees;

unless the Committees on Appropriations of the House of 
Representatives and the Senate are notified 15 days in advance 
of such reprogramming or of an announcement of intent relating 
to such reprogramming, whichever occurs earlier.
    (b) None of the funds provided under this Act, or provided 
under previous appropriations Acts to the agencies funded by 
this Act that remain available for obligation or expenditure in 
fiscal year 2012, or provided from any accounts in the Treasury 
of the United States derived by the collection of fees 
available to the agencies funded by this Act, shall be 
available for obligation or expenditure through a reprogramming 
of funds in excess of $500,000 or 10 percent, whichever is 
less, that--
            (1) augments existing programs, projects (including 
        construction projects), or activities;
            (2) reduces by 10 percent funding for any existing 
        program, project, or activity, or numbers of personnel 
        by 10 percent as approved by Congress; or
            (3) results from any general savings from a 
        reduction in personnel which would result in a change 
        in existing programs, activities, or projects as 
        approved by Congress;
unless the Committees on Appropriations of the House of 
Representatives and the Senate are notified 15 days in advance 
of such reprogramming or of an announcement of intent relating 
to such reprogramming, whichever occurs earlier.
    Sec. 516. (a) None of the funds made available in this Act 
may be used to request that a candidate for appointment to a 
Federal scientific advisory committee disclose the political 
affiliation or voting history of the candidate or the position 
that the candidate holds with respect to political issues not 
directly related to and necessary for the work of the committee 
involved.
    (b) None of the funds made available in this Act may be 
used to disseminate information that is deliberately false or 
misleading.
    Sec. 517.  Within 45 days of enactment of this Act, each 
department and related agency funded through this Act shall 
submit an operating plan that details at the program, project, 
and activity level any funding allocations for fiscal year 2012 
that are different than those specified in this Act, the 
accompanying detailed table in the statement of the managers on 
the conference report accompanying this Act, or the fiscal year 
2012 budget request.
    Sec. 518.  The Secretaries of Labor, Health and Human 
Services, and Education shall each prepare and submit to the 
Committees on Appropriations of the House of Representatives 
and the Senate a report on the number and amount of contracts, 
grants, and cooperative agreements exceeding $500,000 in value 
and awarded by the Department on a non-competitive basis during 
each quarter of fiscal year 2012, but not to include grants 
awarded on a formula basis or directed by law. Such report 
shall include the name of the contractor or grantee, the amount 
of funding, the governmental purpose, including a justification 
for issuing the award on a non-competitive basis. Such report 
shall be transmitted to the Committees within 30 days after the 
end of the quarter for which the report is submitted.
    Sec. 519.  None of the funds appropriated or otherwise made 
available by this Act may be used to enter into a contract in 
an amount greater than $5,000,000 or to award a grant in excess 
of such amount unless the prospective contractor or grantee 
certifies in writing to the agency awarding the contract or 
grant that, to the best of its knowledge and belief, the 
contractor or grantee has filed all Federal tax returns 
required during the 3 years preceding the certification, has 
not been convicted of a criminal offense under the Internal 
Revenue Code of 1986, and has not, more than 90 days prior to 
certification, been notified of any unpaid Federal tax 
assessment for which the liability remains unsatisfied, unless 
the assessment is the subject of an installment agreement or 
offer in compromise that has been approved by the Internal 
Revenue Service and is not in default, or the assessment is the 
subject of a non-frivolous administrative or judicial 
proceeding.
    Sec. 520.  None of the funds appropriated in this Act shall 
be expended or obligated by the Commissioner of Social 
Security, for purposes of administering Social Security benefit 
payments under title II of the Social Security Act, to process 
any claim for credit for a quarter of coverage based on work 
performed under a social security account number that is not 
the claimant's number and the performance of such work under 
such number has formed the basis for a conviction of the 
claimant of a violation of section 208(a)(6) or (7) of the 
Social Security Act.
    Sec. 521.  None of the funds appropriated by this Act may 
be used by the Commissioner of Social Security or the Social 
Security Administration to pay the compensation of employees of 
the Social Security Administration to administer Social 
Security benefit payments, under any agreement between the 
United States and Mexico establishing totalization arrangements 
between the social security system established by title II of 
the Social Security Act and the social security system of 
Mexico, which would not otherwise be payable but for such 
agreement.

                              (rescission)

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

                              (rescission)

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

                              (rescission)

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

        DIVISION G--LEGISLATIVE BRANCH APPROPRIATIONS ACT, 2012

                                TITLE I

                           LEGISLATIVE BRANCH

                                 SENATE

                           Expense Allowances

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

    Representation Allowances for the Majority and Minority Leaders

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

                    Salaries, Officers and Employees

    For compensation of officers, employees, and others as 
authorized by law, including agency contributions, 
$175,763,738, which shall be paid from this appropriation 
without regard to the following limitations:

                      office of the vice president

    For the Office of the Vice President, $2,361,248.

                  office of the president pro tempore

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

              offices of the majority and minority leaders

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

               offices of the majority and minority whips

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

                      committee on appropriations

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

                         conference committees

    For the Conference of the Majority and the Conference of 
the Minority, at rates of compensation to be fixed by the 
Chairman of each such committee, $1,619,195 for each such 
committee; in all, $3,238,390.

 offices of the secretaries of the conference of the majority and the 
                       conference of the minority

    For Offices of the Secretaries of the Conference of the 
Majority and the Conference of the Minority, $797,402.

                           policy committees

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

                         office of the chaplain

    For Office of the Chaplain, $405,886.

                        office of the secretary

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

             office of the sergeant at arms and doorkeeper

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

        offices of the secretaries for the majority and minority

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

               agency contributions and related expenses

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

            Office of the Legislative Counsel of the Senate

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

                     Office of Senate Legal Counsel

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

Expense Allowances of the Secretary of the Senate, Sergeant at Arms and 
Doorkeeper of the Senate, and Secretaries for the Majority and Minority 
                             of the Senate

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

                   Contingent Expenses of the Senate

                      inquiries and investigations

    For expenses of inquiries and investigations ordered by the 
Senate, or conducted under paragraph 1 of rule XXVI of the 
Standing Rules of the Senate, section 112 of the Supplemental 
Appropriations and Rescission Act, 1980 (Public Law 96-304), 
and Senate Resolution 281, 96th Congress, agreed to March 11, 
1980, $131,305,860, of which $26,650,000 shall be available 
until September 30, 2014.

expenses of the united states senate caucus on international narcotics 
                                control

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

                        secretary of the senate

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

             sergeant at arms and doorkeeper of the senate

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

                          miscellaneous items

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

        senators' official personnel and office expense account

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

                          official mail costs

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

                        administrative provision

                      payment of certain expenses

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

                        HOUSE OF REPRESENTATIVES

                         Salaries and Expenses

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

                        house leadership offices

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

                  Members' Representational Allowances

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

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

                          Committee Employees

                Standing Committees, Special and Select

    For salaries and expenses of standing committees, special 
and select, authorized by House resolutions, $125,964,870:  
Provided, That such amount shall remain available for such 
salaries and expenses until December 31, 2012.

                      Committee on Appropriations

    For salaries and expenses of the Committee on 
Appropriations, $26,665,785, including studies and examinations 
of executive agencies and temporary personal services for such 
committee, to be expended in accordance with section 202(b) of 
the Legislative Reorganization Act of 1946 and to be available 
for reimbursement to agencies for services performed:  
Provided, That such amount shall remain available for such 
salaries and expenses until December 31, 2012.

                    Salaries, Officers and Employees

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

                        Allowances and Expenses

    For allowances and expenses as authorized by House 
resolution or law, $292,386,942, including: supplies, 
materials, administrative costs and Federal tort claims, 
$3,696,118; official mail for committees, leadership offices, 
and administrative offices of the House, $201,000; Government 
contributions for health, retirement, Social Security, and 
other applicable employee benefits, $264,848,219; Business 
Continuity and Disaster Recovery, $17,112,072, of which 
$5,000,000 shall remain available until expended; transition 
activities for new members and staff, $1,721,533; Wounded 
Warrior Program $2,500,000, to remain available until expended; 
Office of Congressional Ethics, $1,548,000; and miscellaneous 
items including purchase, exchange, maintenance, repair and 
operation of House motor vehicles, interparliamentary 
receptions, and gratuities to heirs of deceased employees of 
the House, $760,000.

                       Administrative Provisions

    Sec. 101. (a) Requiring Amounts Remaining in Members' 
Representational Allowances To Be Used for Deficit Reduction or 
To Reduce the Federal Debt.--Notwithstanding any other 
provision of law, any amounts appropriated under this Act for 
``HOUSE OF REPRESENTATIVES--Salaries and Expenses--Members' 
Representational Allowances'' shall be available only for 
fiscal year 2012. Any amount remaining after all payments are 
made under such allowances for fiscal year 2012 shall be 
deposited in the Treasury and used for deficit reduction (or, 
if there is no Federal budget deficit after all such payments 
have been made, for reducing the Federal debt, in such manner 
as the Secretary of the Treasury considers appropriate).
    (b) Regulations.--The Committee on House Administration of 
the House of Representatives shall have authority to prescribe 
regulations to carry out this section.
    (c) Definition.--As used in this section, the term ``Member 
of the House of Representatives'' means a Representative in, or 
a Delegate or Resident Commissioner to, the Congress.

                      Republican Policy Committee

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

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

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

 Republican Conference and the Democratic Steering and Policy Committee

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

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

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

                              JOINT ITEMS

    For Joint Committees, as follows:

                        Joint Economic Committee

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

     Joint Congressional Committee on Inaugural Ceremonies of 2013

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

                      Joint Committee on Taxation

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

                   Office of the Attending Physician

    For medical supplies, equipment, and contingent expenses of 
the emergency rooms, and for the Attending Physician and his 
assistants, including: (1) an allowance of $2,175 per month to 
the Attending Physician; (2) an allowance of $1,300 per month 
to the Senior Medical Officer; (3) an allowance of $725 per 
month each to three medical officers while on duty in the 
Office of the Attending Physician; (4) an allowance of $725 per 
month to 2 assistants and $580 per month each not to exceed 11 
assistants on the basis heretofore provided for such 
assistants; and (5) $2,427,000 for reimbursement to the 
Department of the Navy for expenses incurred for staff and 
equipment assigned to the Office of the Attending Physician, 
which shall be advanced and credited to the applicable 
appropriation or appropriations from which such salaries, 
allowances, and other expenses are payable and shall be 
available for all the purposes thereof, $3,400,000, to be 
disbursed by the Chief Administrative Officer of the House of 
Representatives.

             Office of Congressional Accessibility Services

                         Salaries and Expenses

    For salaries and expenses of the Office of Congressional 
Accessibility Services, $1,363,000, to be disbursed by the 
Secretary of the Senate.

                        administrative provision

    Sec. 1001. (a) In General.--Section 102(a) of the 
Legislative Branch Appropriations Act, 2002 (2 U.S.C. 60c-5(a)) 
is amended--
            (1) in paragraph (1), by inserting ``, except as 
        provided under subsection (b)(3)'' after ``means an 
        individual''; and
            (2) by striking paragraphs (2) and (3) and 
        inserting the following:
            ``(2) Employee of the senate.--The term `employee 
        of the Senate'--
                    ``(A) has the meaning given the term under 
                section 101 of the Congressional Accountability 
                Act of 1995 (2 U.S.C. 1301); and
                    ``(B) includes any employee of the Office 
                of Congressional Accessibility Services whose 
                pay is disbursed by the Secretary of the 
                Senate.
            ``(3) Employing office.--The term `employing 
        office'--
                    ``(A) means the employing office, as 
                defined under section 101 of the Congressional 
                Accountability Act of 1995 (2 U.S.C. 1301), of 
                an employee of the Senate; and
                    ``(B) includes the Office of Congressional 
                Accessibility Services with respect to 
                employees of that office whose pay is disbursed 
                by the Secretary of the Senate.''.
    (b) Exclusion From Participation in Dual Programs.--Section 
102(b) of the Legislative Branch Appropriations Act, 2002 (2 
U.S.C. 60c-5(b)) is amended by adding at the end the following:
            ``(3) Exclusion from participation in dual 
        programs.--Notwithstanding section 5379 of title 5, 
        United States Code, an employee of the Office of 
        Congressional Accessibility Services may not 
        participate in the student loan repayment program 
        through an agreement under that section and participate 
        in the student loan repayment program through a service 
        agreement under this section at the same time.''.
    (c) Effective Date and Application.--The amendments made by 
this section shall take effect on the date of enactment of this 
Act and apply to service agreements entered into under section 
102 of the Legislative Branch Appropriations Act, 2002 (2 
U.S.C. 60c-5) or section 5379 of title 5, United States Code, 
on or after that date.

                             CAPITOL POLICE

                                Salaries

    For salaries of employees of the Capitol Police, including 
overtime, hazardous duty pay differential, and Government 
contributions for health, retirement, social security, 
professional liability insurance, and other applicable employee 
benefits, $277,133,000, to be disbursed by the Chief of the 
Capitol Police or his designee.

                            General Expenses

    For necessary expenses of the Capitol Police, including 
motor vehicles, communications and other equipment, security 
equipment and installation, uniforms, weapons, supplies, 
materials, training, medical services, forensic services, 
stenographic services, personal and professional services, the 
employee assistance program, the awards program, postage, 
communication services, travel advances, relocation of 
instructor and liaison personnel for the Federal Law 
Enforcement Training Center, and not more than $5,000 to be 
expended on the certification of the Chief of the Capitol 
Police in connection with official representation and reception 
expenses, $63,004,000, of which $2,400,000 shall remain 
available until September 30, 2014, to be disbursed by the 
Chief of the Capitol Police or his designee:  Provided, That, 
notwithstanding any other provision of law, the cost of basic 
training for the Capitol Police at the Federal Law Enforcement 
Training Center for fiscal year 2012 shall be paid by the 
Secretary of Homeland Security from funds available to the 
Department of Homeland Security.

                       Administrative Provisions

                     (including transfer of funds)

    Sec. 1101.  Amounts appropriated for fiscal year 2012 for 
the Capitol Police may be transferred between the headings 
``Salaries'' and ``General expenses'' upon the approval of the 
Committees on Appropriations of the House of Representatives 
and the Senate.

 WAIVER BY CHIEF OF CAPITOL POLICE OF CLAIMS ARISING OUT OF ERRONEOUS 
                   PAYMENTS TO OFFICERS AND EMPLOYEES

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

                          OFFICE OF COMPLIANCE

                         Salaries and Expenses

    For salaries and expenses of the Office of Compliance, as 
authorized by section 305 of the Congressional Accountability 
Act of 1995 (2 U.S.C. 1385), $3,817,000, of which $700,000 
shall remain available until September 30, 2013:  Provided, 
That not more than $500 may be expended on the certification of 
the Executive Director of the Office of Compliance in 
connection with official representation and reception expenses.

                      CONGRESSIONAL BUDGET OFFICE

                         Salaries and Expenses

    For salaries and expenses necessary for operation of the 
Congressional Budget Office, including not more than $6,000 to 
be expended on the certification of the Director of the 
Congressional Budget Office in connection with official 
representation and reception expenses, $43,787,000.

                        ARCHITECT OF THE CAPITOL

                         General Administration

    For salaries for the Architect of the Capitol, and other 
personal services, at rates of pay provided by law; for surveys 
and studies in connection with activities under the care of the 
Architect of the Capitol; for all necessary expenses for the 
general and administrative support of the operations under the 
Architect of the Capitol including the Botanic Garden; 
electrical substations of the Capitol, Senate and House office 
buildings, and other facilities under the jurisdiction of the 
Architect of the Capitol; including furnishings and office 
equipment; including not more than $5,000 for official 
reception and representation expenses, to be expended as the 
Architect of the Capitol may approve; for purchase or exchange, 
maintenance, and operation of a passenger motor vehicle, 
$101,340,000, of which $3,749,000 shall remain available until 
September 30, 2016.

                            Capitol Building

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

                            Capitol Grounds

    For all necessary expenses for care and improvement of 
grounds surrounding the Capitol, the Senate and House office 
buildings, and the Capitol Power Plant, $9,852,000.

                        Senate Office Buildings

    For all necessary expenses for the maintenance, care and 
operation of Senate office buildings; and furniture and 
furnishings to be expended under the control and supervision of 
the Architect of the Capitol, $71,128,000, of which $13,128,000 
shall remain available until September 30, 2016.

                         House Office Buildings

    For all necessary expenses for the maintenance, care and 
operation of the House office buildings, $94,154,000, of which 
$45,631,000 shall remain available until September 30, 2016.
    In addition, for a payment to the House Historic Buildings 
Revitalization Trust Fund, $30,000,000, shall remain available 
until expended.

                          Capitol Power Plant

    For all necessary expenses for the maintenance, care and 
operation of the Capitol Power Plant; lighting, heating, power 
(including the purchase of electrical energy) and water and 
sewer services for the Capitol, Senate and House office 
buildings, Library of Congress buildings, and the grounds about 
the same, Botanic Garden, Senate garage, and air conditioning 
refrigeration not supplied from plants in any of such 
buildings; heating the Government Printing Office and 
Washington City Post Office, and heating and chilled water for 
air conditioning for the Supreme Court Building, the Union 
Station complex, the Thurgood Marshall Federal Judiciary 
Building and the Folger Shakespeare Library, expenses for which 
shall be advanced or reimbursed upon request of the Architect 
of the Capitol and amounts so received shall be deposited into 
the Treasury to the credit of this appropriation, $123,229,000, 
of which $37,617,000 shall remain available until September 30, 
2016:  Provided, That not more than $9,000,000 of the funds 
credited or to be reimbursed to this appropriation as herein 
provided shall be available for obligation during fiscal year 
2012.

                     Library Buildings and Grounds

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

             Capitol Police Buildings, Grounds and Security

    For all necessary expenses for the maintenance, care and 
operation of buildings, grounds and security enhancements of 
the United States Capitol Police, wherever located, the 
Alternate Computer Facility, and AOC security operations, 
$21,500,000, of which $3,473,000 shall remain available until 
September 30, 2016.

                             Botanic Garden

    For all necessary expenses for the maintenance, care and 
operation of the Botanic Garden and the nurseries, buildings, 
grounds, and collections; and purchase and exchange, 
maintenance, repair, and operation of a passenger motor 
vehicle; all under the direction of the Joint Committee on the 
Library, $12,000,000:  Provided, That of the amount made 
available under this heading, the Architect of the Capitol may 
obligate and expend such sums as may be necessary for the 
maintenance, care and operation of the National Garden 
established under section 307E of the Legislative Branch 
Appropriations Act, 1989 (2 U.S.C. 2146), upon vouchers 
approved by the Architect of the Capitol or a duly authorized 
designee.

                         Capitol Visitor Center

    For all necessary expenses for the operation of the Capitol 
Visitor Center, $21,276,000.

                       Administrative Provisions

                     (including transfer of funds)

   USE OF CONSTRUCTION PROJECT FUNDS TO REIMBURSE CAPITOL POLICE FOR 
                         RELATED OVERTIME COSTS

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

                  TRANSFER TO ARCHITECT OF THE CAPITOL

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

                          LIBRARY OF CONGRESS

                         Salaries and Expenses

    For necessary expenses of the Library of Congress not 
otherwise provided for, including development and maintenance 
of the Library's catalogs; custody and custodial care of the 
Library buildings; special clothing; cleaning, laundering and 
repair of uniforms; preservation of motion pictures in the 
custody of the Library; operation and maintenance of the 
American Folklife Center in the Library; activities under the 
Civil Rights History Project Act of 2009; preparation and 
distribution of catalog records and other publications of the 
Library; hire or purchase of one passenger motor vehicle; and 
expenses of the Library of Congress Trust Fund Board not 
properly chargeable to the income of any trust fund held by the 
Board, $420,093,000, of which not more than $6,000,000 shall be 
derived from collections credited to this appropriation during 
fiscal year 2012, and shall remain available until expended, 
under the Act of June 28, 1902 (chapter 1301; 32 Stat. 480; 2 
U.S.C. 150) and not more than $350,000 shall be derived from 
collections during fiscal year 2012 and shall remain available 
until expended for the development and maintenance of an 
international legal information database and activities related 
thereto:  Provided, That the Library of Congress may not 
obligate or expend any funds derived from collections under the 
Act of June 28, 1902, in excess of the amount authorized for 
obligation or expenditure in appropriations Acts:  Provided 
further, That the total amount available for obligation shall 
be reduced by the amount by which collections are less than 
$6,350,000:  Provided further, That of the total amount 
appropriated, not more than $12,000 may be expended, on the 
certification of the Librarian of Congress, in connection with 
official representation and reception expenses for the Overseas 
Field Offices:  Provided further, That of the total amount 
appropriated, $6,959,000 shall remain available until expended 
for the digital collections and educational curricula program.

                            Copyright Office

                         Salaries and Expenses

    For all necessary expenses of the Copyright Office, 
$51,650,000, of which not more than $28,029,000, to remain 
available until expended, shall be derived from collections 
credited to this appropriation during fiscal year 2012 under 
section 708(d) of title 17, United States Code:  Provided, That 
not more than $2,000,000 shall be derived from prior year 
available unobligated balances:  Provided further, That the 
Copyright Office may not obligate or expend any funds derived 
from collections under such section, in excess of the amount 
authorized for obligation or expenditure in appropriations 
Acts:  Provided further, That not more than $5,484,000 shall be 
derived from collections during fiscal year 2012 under sections 
111(d)(2), 119(b)(2), 803(e), 1005, and 1316 of such title:  
Provided further, That the total amount available for 
obligation shall be reduced by the amount by which collections 
and prior year available unobligated balances are less than 
$35,513,000:  Provided further, That not more than $100,000 of 
the amount appropriated is available for the maintenance of an 
``International Copyright Institute'' in the Copyright Office 
of the Library of Congress for the purpose of training 
nationals of developing countries in intellectual property laws 
and policies:  Provided further, That not more than $4,250 may 
be expended, on the certification of the Librarian of Congress, 
in connection with official representation and reception 
expenses for activities of the International Copyright 
Institute and for copyright delegations, visitors, and 
seminars:  Provided further, That notwithstanding any provision 
of chapter 8 of title 17, United States Code, any amounts made 
available under this heading which are attributable to royalty 
fees and payments received by the Copyright Office pursuant to 
sections 111, 119, and chapter 10 of such title may be used for 
the costs incurred in the administration of the Copyright 
Royalty Judges program, with the exception of the costs of 
salaries and benefits for the Copyright Royalty Judges and 
staff under section 802(e).

                     Congressional Research Service

                         Salaries and Expenses

    For all necessary expenses to carry out the provisions of 
section 203 of the Legislative Reorganization Act of 1946 (2 
U.S.C. 166) and to revise and extend the Annotated Constitution 
of the United States of America, $106,790,000:  Provided, That 
no part of such amount may be used to pay any salary or expense 
in connection with any publication, or preparation of material 
therefor (except the Digest of Public General Bills), to be 
issued by the Library of Congress unless such publication has 
obtained prior approval of either the Committee on House 
Administration of the House of Representatives or the Committee 
on Rules and Administration of the Senate.

             Books for the Blind and Physically Handicapped

                         Salaries and Expenses

    For salaries and expenses to carry out the Act of March 3, 
1931 (chapter 400; 46 Stat. 1487; 2 U.S.C. 135a), $50,674,000:  
Provided, That of the total amount appropriated, $650,000 shall 
be available to contract to provide newspapers to blind and 
physically handicapped residents at no cost to the individual.

                       Administrative Provisions

               Reimbursable and Revolving Fund Activities

    Sec. 1301. (a) In General.--For fiscal year 2012, the 
obligational authority of the Library of Congress for the 
activities described in subsection (b) may not exceed 
$169,725,000.
    (b) Activities.--The activities referred to in subsection 
(a) are reimbursable and revolving fund activities that are 
funded from sources other than appropriations to the Library in 
appropriations Acts for the legislative branch.
    (c) Transfer of Funds.--During fiscal year 2012, the 
Librarian of Congress may temporarily transfer funds 
appropriated in this Act, under the heading ``Library of 
Congress'', under the subheading ``Salaries and Expenses'', to 
the revolving fund for the FEDLINK Program and the Federal 
Research Program established under section 103 of the Library 
of Congress Fiscal Operations Improvement Act of 2000 (Public 
Law 106-481; 2 U.S.C. 182c):  Provided, That the total amount 
of such transfers may not exceed $1,900,000:  Provided further, 
That the appropriate revolving fund account shall reimburse the 
Library for any amounts transferred to it before the period of 
availability of the Library appropriation expires.

                           Transfer Authority

    Sec. 1302. (a) In General.--Amounts appropriated for fiscal 
year 2012 for the Library of Congress may be transferred during 
fiscal year 2012 between any of the headings under the heading 
``Library of Congress'' upon the approval of the Committees on 
Appropriations of the House of Representatives and the Senate.
    (b) Limitation.--Not more than 10 percent of the total 
amount of funds appropriated to the account under any heading 
under the heading ``Library of Congress'' for fiscal year 2012 
may be transferred from that account by all transfers made 
under subsection (a).

           funds available for workers compensation payments

    Sec. 1303. (a) In General.--Available balances of expired 
Library of Congress appropriations shall be available to the 
Library of Congress to make the deposit to the credit of the 
Employees' Compensation Fund required by subsection 8147(b) of 
title 5, United States Code.
    (b) Effective Date.--This section shall apply with respect 
to appropriations for fiscal year 2012 and each fiscal year 
thereafter.

  PERMITTING USE OF PROCEEDS FROM DISPOSITION OF SURPLUS OR OBSOLETE 
                           PERSONAL PROPERTY

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

                       GOVERNMENT PRINTING OFFICE

                   Congressional Printing and Binding

                     (including transfer of funds)

    For authorized printing and binding for the Congress and 
the distribution of Congressional information in any format; 
printing and binding for the Architect of the Capitol; expenses 
necessary for preparing the semimonthly and session index to 
the Congressional Record, as authorized by law (section 902 of 
title 44, United States Code); printing and binding of 
Government publications authorized by law to be distributed to 
Members of Congress; and printing, binding, and distribution of 
Government publications authorized by law to be distributed 
without charge to the recipient, $90,700,000:  Provided, That 
this appropriation shall not be available for paper copies of 
the permanent edition of the Congressional Record for 
individual Representatives, Resident Commissioners or Delegates 
authorized under section 906 of title 44, United States Code:  
Provided further, That this appropriation shall be available 
for the payment of obligations incurred under the 
appropriations for similar purposes for preceding fiscal years: 
 Provided further, That notwithstanding the 2-year limitation 
under section 718 of title 44, United States Code, none of the 
funds appropriated or made available under this Act or any 
other Act for printing and binding and related services 
provided to Congress under chapter 7 of title 44, United States 
Code, may be expended to print a document, report, or 
publication after the 27-month period beginning on the date 
that such document, report, or publication is authorized by 
Congress to be printed, unless Congress reauthorizes such 
printing in accordance with section 718 of title 44, United 
States Code:  Provided further, That any unobligated or 
unexpended balances in this account or accounts for similar 
purposes for preceding fiscal years may be transferred to the 
Government Printing Office revolving fund for carrying out the 
purposes of this heading, subject to the approval of the 
Committees on Appropriations of the House of Representatives 
and Senate:  Provided further, That notwithstanding sections 
901, 902, and 906 of title 44, United States Code, this 
appropriation may be used to prepare indexes to the 
Congressional Record on only a monthly and session basis.

                 Office of Superintendent of Documents

                         salaries and expenses

                     (including transfer of funds)

    For expenses of the Office of Superintendent of Documents 
necessary to provide for the cataloging and indexing of 
Government publications and their distribution to the public, 
Members of Congress, other Government agencies, and designated 
depository and international exchange libraries as authorized 
by law, $35,000,000:  Provided, That amounts of not more than 
$2,000,000 from current year appropriations are authorized for 
producing and disseminating congressional serial sets and other 
related publications for fiscal years 2010 and 2011 to 
depository and other designated libraries:  Provided further, 
That any unobligated or unexpended balances in this account or 
accounts for similar purposes for preceding fiscal years may be 
transferred to the Government Printing Office revolving fund 
for carrying out the purposes of this heading, subject to the 
approval of the Committees on Appropriations of the House of 
Representatives and Senate.

               Government Printing Office Revolving Fund

    For payment to the Government Printing Office Revolving 
Fund, $500,000 for information technology development:  
Provided, That the Government Printing Office is hereby 
authorized to make such expenditures, within the limits of 
funds available and in accordance with law, and to make such 
contracts and commitments without regard to fiscal year 
limitations as provided by section 9104 of title 31, United 
States Code, as may be necessary in carrying out the programs 
and purposes set forth in the budget for the current fiscal 
year for the Government Printing Office revolving fund:  
Provided further, That not more than $7,500 may be expended on 
the certification of the Public Printer in connection with 
official representation and reception expenses:  Provided 
further, That the revolving fund shall be available for the 
hire or purchase of not more than 12 passenger motor vehicles:  
Provided further, That expenditures in connection with travel 
expenses of the advisory councils to the Public Printer shall 
be deemed necessary to carry out the provisions of title 44, 
United States Code:  Provided further, That the revolving fund 
shall be available for temporary or intermittent services under 
section 3109(b) of title 5, United States Code, but at rates 
for individuals not more than the daily equivalent of the 
annual rate of basic pay for level V of the Executive Schedule 
under section 5316 of such title:  Provided further, That 
activities financed through the revolving fund may provide 
information in any format:  Provided further, That the 
revolving fund and the funds provided under the headings 
``Office of Superintendent of Documents'' and ``Salaries and 
Expenses'' may not be used for contracted security services at 
GPO's passport facility in the District of Columbia.

                    GOVERNMENT ACCOUNTABILITY OFFICE

                         Salaries and Expenses

    For necessary expenses of the Government Accountability 
Office, including not more than $12,500 to be expended on the 
certification of the Comptroller General of the United States 
in connection with official representation and reception 
expenses; temporary or intermittent services under section 
3109(b) of title 5, United States Code, but at rates for 
individuals not more than the daily equivalent of the annual 
rate of basic pay for level IV of the Executive Schedule under 
section 5315 of such title; hire of one passenger motor 
vehicle; advance payments in foreign countries in accordance 
with section 3324 of title 31, United States Code; benefits 
comparable to those payable under sections 901(5), (6), and (8) 
of the Foreign Service Act of 1980 (22 U.S.C. 4081(5), (6), and 
(8)); and under regulations prescribed by the Comptroller 
General of the United States, rental of living quarters in 
foreign countries, $511,296,000:  Provided, That, in addition, 
$22,304,000 of payments received under sections 782, 3521, and 
9105 of title 31, United States Code, shall be available 
without fiscal year limitation:  Provided further, That this 
appropriation and appropriations for administrative expenses of 
any other department or agency which is a member of the 
National Intergovernmental Audit Forum or a Regional 
Intergovernmental Audit Forum shall be available to finance an 
appropriate share of either Forum's costs as determined by the 
respective Forum, including necessary travel expenses of non-
Federal participants:  Provided further, That payments 
hereunder to the Forum may be credited as reimbursements to any 
appropriation from which costs involved are initially financed.

                        Administrative Provision

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

                OPEN WORLD LEADERSHIP CENTER TRUST FUND

    For a payment to the Open World Leadership Center Trust 
Fund for financing activities of the Open World Leadership 
Center under section 313 of the Legislative Branch 
Appropriations Act, 2001 (2 U.S.C. 1151), $10,000,000.

   JOHN C. STENNIS CENTER FOR PUBLIC SERVICE TRAINING AND DEVELOPMENT

    For payment to the John C. Stennis Center for Public 
Service Development Trust Fund established under section 116 of 
the John C. Stennis Center for Public Service Training and 
Development Act (2 U.S.C. 1105), $430,000.

                                TITLE II

                           GENERAL PROVISIONS

                maintenance and care of private vehicles

    Sec. 201.  No part of the funds appropriated in this Act 
shall be used for the maintenance or care of private vehicles, 
except for emergency assistance and cleaning as may be provided 
under regulations relating to parking facilities for the House 
of Representatives issued by the Committee on House 
Administration and for the Senate issued by the Committee on 
Rules and Administration.

                         fiscal year limitation

    Sec. 202.  No part of the funds appropriated in this Act 
shall remain available for obligation beyond fiscal year 2012 
unless expressly so provided in this Act.

                 rates of compensation and designation

    Sec. 203.  Whenever in this Act any office or position not 
specifically established by the Legislative Pay Act of 1929 (46 
Stat. 32 et seq.) is appropriated for or the rate of 
compensation or designation of any office or position 
appropriated for is different from that specifically 
established by such Act, the rate of compensation and the 
designation in this Act shall be the permanent law with respect 
thereto:  Provided, That the provisions in this Act for the 
various items of official expenses of Members, officers, and 
committees of the Senate and House of Representatives, and 
clerk hire for Senators and Members of the House of 
Representatives shall be the permanent law with respect 
thereto.

                          consulting services

    Sec. 204.  The expenditure of any appropriation under this 
Act for any consulting service through procurement contract, 
under section 3109 of title 5, United States Code, shall be 
limited to those contracts where such expenditures are a matter 
of public record and available for public inspection, except 
where otherwise provided under existing law, or under existing 
Executive order issued under existing law.

                         awards and settlements

    Sec. 205.  Such sums as may be necessary are appropriated 
to the account described in subsection (a) of section 415 of 
the Congressional Accountability Act of 1995 (2 U.S.C. 1415(a)) 
to pay awards and settlements as authorized under such 
subsection.

                             costs of lbfmc

    Sec. 206.  Amounts available for administrative expenses of 
any legislative branch entity which participates in the 
Legislative Branch Financial Managers Council (LBFMC) 
established by charter on March 26, 1996, shall be available to 
finance an appropriate share of LBFMC costs as determined by 
the LBFMC, except that the total LBFMC costs to be shared among 
all participating legislative branch entities (in such 
allocations among the entities as the entities may determine) 
may not exceed $2,000.

                         landscape maintenance

    Sec. 207.  The Architect of the Capitol, in consultation 
with the District of Columbia, is authorized to maintain and 
improve the landscape features, excluding streets, in the 
irregular shaped grassy areas bounded by Washington Avenue, SW, 
on the northeast, Second Street, SW, on the west, Square 582 on 
the south, and the beginning of the I-395 tunnel on the 
southeast.

                        limitation on transfers

    Sec. 208.  None of the funds made available in this Act may 
be transferred to any department, agency, or instrumentality of 
the United States Government, except pursuant to a transfer 
made by, or transfer authority provided in, this Act or any 
other appropriation Act.

                      guided tours of the capitol

    Sec. 209. (a) Except as provided in subsection (b), none of 
the funds made available to the Architect of the Capitol in 
this Act may be used to eliminate or restrict guided tours of 
the United States Capitol which are led by employees and 
interns of offices of Members of Congress and other offices of 
the House of Representatives and Senate.
    (b) At the direction of the Capitol Police Board, or at the 
direction of the Architect of the Capitol with the approval of 
the Capitol Police Board, guided tours of the United States 
Capitol which are led by employees and interns described in 
subsection (a) may be suspended temporarily or otherwise 
subject to restriction for security or related reasons to the 
same extent as guided tours of the United States Capitol which 
are led by the Architect of the Capitol.
    Sec. 210.  None of the funds made available in this Act may 
be used to deliver a printed copy of a bill, joint resolution, 
or resolution to the office of a Member of the House of 
Representatives (including a Delegate or Resident Commissioner 
to the Congress) unless the Member requests a copy.
    Sec. 211.  None of the funds made available by this Act may 
be used to deliver a printed copy of any version of the 
Congressional Record to the office of a Member of the House of 
Representatives (including a Delegate or Resident Commissioner 
to the Congress).
    Sec. 212.  None of the funds made available in this Act may 
be used by the Chief Administrative Officer of the House of 
Representatives to make any payments from any Members' 
Representational Allowance for the leasing of a vehicle, 
excluding mobile district offices, in an aggregate amount that 
exceeds $1,000 for the vehicle in any month.
    This division may be cited as the ``Legislative Branch 
Appropriations Act, 2012''.

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

                                TITLE I

                         DEPARTMENT OF DEFENSE

                      Military Construction, Army

    For acquisition, construction, installation, and equipment 
of temporary or permanent public works, military installations, 
facilities, and real property for the Army as currently 
authorized by law, including personnel in the Army Corps of 
Engineers and other personal services necessary for the 
purposes of this appropriation, and for construction and 
operation of facilities in support of the functions of the 
Commander in Chief, $3,006,491,000, to remain available until 
September 30, 2016:  Provided, That of this amount, not to 
exceed $229,741,000 shall be available for study, planning, 
design, architect and engineer services, and host nation 
support, as authorized by law, unless the Secretary of Army 
determines that additional obligations are necessary for such 
purposes and notifies the Committees on Appropriations of both 
Houses of Congress of the determination and the reasons 
therefor.

              Military Construction, Navy and Marine Corps

    For acquisition, construction, installation, and equipment 
of temporary or permanent public works, naval installations, 
facilities, and real property for the Navy and Marine Corps as 
currently authorized by law, including personnel in the Naval 
Facilities Engineering Command and other personal services 
necessary for the purposes of this appropriation, 
$2,112,823,000, to remain available until September 30, 2016:  
Provided, That of this amount, not to exceed $84,362,000 shall 
be available for study, planning, design, and architect and 
engineer services, as authorized by law, unless the Secretary 
of Navy determines that additional obligations are necessary 
for such purposes and notifies the Committees on Appropriations 
of both Houses of Congress of the determination and the reasons 
therefor.

                    Military Construction, Air Force

    For acquisition, construction, installation, and equipment 
of temporary or permanent public works, military installations, 
facilities, and real property for the Air Force as currently 
authorized by law, $1,227,058,000, to remain available until 
September 30, 2016:  Provided, That of this amount, not to 
exceed $81,913,000 shall be available for study, planning, 
design, and architect and engineer services, as authorized by 
law, unless the Secretary of Air Force determines that 
additional obligations are necessary for such purposes and 
notifies the Committees on Appropriations of both Houses of 
Congress of the determination and the reasons therefor.

                  Military Construction, Defense-Wide

                     (including transfer of funds)

    For acquisition, construction, installation, and equipment 
of temporary or permanent public works, installations, 
facilities, and real property for activities and agencies of 
the Department of Defense (other than the military 
departments), as currently authorized by law, $3,431,957,000, 
to remain available until September 30, 2016:  Provided, That 
such amounts of this appropriation as may be determined by the 
Secretary of Defense may be transferred to such appropriations 
of the Department of Defense available for military 
construction or family housing as the Secretary may designate, 
to be merged with and to be available for the same purposes, 
and for the same time period, as the appropriation or fund to 
which transferred:  Provided further, That of the amount 
appropriated, not to exceed $430,602,000 shall be available for 
study, planning, design, and architect and engineer services, 
as authorized by law, unless the Secretary of Defense 
determines that additional obligations are necessary for such 
purposes and notifies the Committees on Appropriations of both 
Houses of Congress of the determination and the reasons 
therefor:  Provided further, That of the amount appropriated, 
notwithstanding any other provision of law, $24,118,000 shall 
be available for payments to the North Atlantic Treaty 
Organization for the planning, design, and construction of a 
new North Atlantic Treaty Organization headquarters:  Provided 
further, That the Department of Defense shall not award a 
design contract to exceed the 20 percent design level for the 
Landstuhl Regional Medical Center in Germany until the 
Secretary of Defense: (1) provides the Committees on 
Appropriations of the House of Representatives and the Senate a 
plan for implementing the recommendations of the Government 
Accountability Office with respect to the plans, baseline data, 
and estimated cost of the facility; and (2) certifies in 
writing to the Committees that the facility is properly sized 
and scoped to meet current and projected healthcare 
requirements.

               Military Construction, Army National Guard

    For construction, acquisition, expansion, rehabilitation, 
and conversion of facilities for the training and 
administration of the Army National Guard, and contributions 
therefor, as authorized by chapter 1803 of title 10, United 
States Code, and Military Construction Authorization Acts, 
$773,592,000, to remain available until September 30, 2016:  
Provided, That of the amount appropriated, not to exceed 
$20,671,000 shall be available for study, planning, design, and 
architect and engineer services, as authorized by law, unless 
the Director of the Army National Guard determines that 
additional obligations are necessary for such purposes and 
notifies the Committees on Appropriations of both Houses of 
Congress of the determination and the reasons therefor.

               Military Construction, Air National Guard

    For construction, acquisition, expansion, rehabilitation, 
and conversion of facilities for the training and 
administration of the Air National Guard, and contributions 
therefor, as authorized by chapter 1803 of title 10, United 
States Code, and Military Construction Authorization Acts, 
$116,246,000, to remain available until September 30, 2016:  
Provided, That of the amount appropriated, not to exceed 
$12,225,000 shall be available for study, planning, design, and 
architect and engineer services, as authorized by law, unless 
the Director of the Air National Guard determines that 
additional obligations are necessary for such purposes and 
notifies the Committees on Appropriations of both Houses of 
Congress of the determination and the reasons therefor.

                  Military Construction, Army Reserve

    For construction, acquisition, expansion, rehabilitation, 
and conversion of facilities for the training and 
administration of the Army Reserve as authorized by chapter 
1803 of title 10, United States Code, and Military Construction 
Authorization Acts, $280,549,000, to remain available until 
September 30, 2016:  Provided, That of the amount appropriated, 
not to exceed $28,924,000 shall be available for study, 
planning, design, and architect and engineer services, as 
authorized by law, unless the Chief of the Army Reserve 
determines that additional obligations are necessary for such 
purposes and notifies the Committees on Appropriations of both 
Houses of Congress of the determination and the reasons 
therefor.

                  Military Construction, Navy Reserve

    For construction, acquisition, expansion, rehabilitation, 
and conversion of facilities for the training and 
administration of the reserve components of the Navy and Marine 
Corps as authorized by chapter 1803 of title 10, United States 
Code, and Military Construction Authorization Acts, 
$26,299,000, to remain available until September 30, 2016:  
Provided, That of the amount appropriated, not to exceed 
$2,591,000 shall be available for study, planning, design, and 
architect and engineer services, as authorized by law, unless 
the Secretary of the Navy determines that additional 
obligations are necessary for such purposes and notifies the 
Committees on Appropriations of both Houses of Congress of the 
determination and the reasons therefor.

                Military Construction, Air Force Reserve

    For construction, acquisition, expansion, rehabilitation, 
and conversion of facilities for the training and 
administration of the Air Force Reserve as authorized by 
chapter 1803 of title 10, United States Code, and Military 
Construction Authorization Acts, $33,620,000, to remain 
available until September 30, 2016:  Provided, That of the 
amount appropriated, not to exceed $2,200,000 shall be 
available for study, planning, design, and architect and 
engineer services, as authorized by law, unless the Chief of 
the Air Force Reserve determines that additional obligations 
are necessary for such purposes and notifies the Committees on 
Appropriations of both Houses of Congress of the determination 
and the reasons therefor.

                   North Atlantic Treaty Organization

                      Security Investment Program

    For the United States share of the cost of the North 
Atlantic Treaty Organization Security Investment Program for 
the acquisition and construction of military facilities and 
installations (including international military headquarters) 
and for related expenses for the collective defense of the 
North Atlantic Treaty Area as authorized by section 2806 of 
title 10, United States Code, and Military Construction 
Authorization Acts, $247,611,000, to remain available until 
expended.

                   Family Housing Construction, Army

    For expenses of family housing for the Army for 
construction, including acquisition, replacement, addition, 
expansion, extension, and alteration, as authorized by law, 
$176,897,000, to remain available until September 30, 2016.

             Family Housing Operation and Maintenance, Army

    For expenses of family housing for the Army for operation 
and maintenance, including debt payment, leasing, minor 
construction, principal and interest charges, and insurance 
premiums, as authorized by law, $493,458,000.

           Family Housing Construction, Navy and Marine Corps

    For expenses of family housing for the Navy and Marine 
Corps for construction, including acquisition, replacement, 
addition, expansion, extension, and alteration, as authorized 
by law, $100,972,000, to remain available until September 30, 
2016.

    Family Housing Operation and Maintenance, Navy and Marine Corps

    For expenses of family housing for the Navy and Marine 
Corps for operation and maintenance, including debt payment, 
leasing, minor construction, principal and interest charges, 
and insurance premiums, as authorized by law, $367,863,000.

                 Family Housing Construction, Air Force

    For expenses of family housing for the Air Force for 
construction, including acquisition, replacement, addition, 
expansion, extension, and alteration, as authorized by law, 
$60,042,000, to remain available until September 30, 2016.

          Family Housing Operation and Maintenance, Air Force

    For expenses of family housing for the Air Force for 
operation and maintenance, including debt payment, leasing, 
minor construction, principal and interest charges, and 
insurance premiums, as authorized by law, $429,523,000.

         Family Housing Operation and Maintenance, Defense-Wide

    For expenses of family housing for the activities and 
agencies of the Department of Defense (other than the military 
departments) for operation and maintenance, leasing, and minor 
construction, as authorized by law, $50,723,000.

         Department of Defense Family Housing Improvement Fund

    For the Department of Defense Family Housing Improvement 
Fund, $2,184,000, to remain available until expended, for 
family housing initiatives undertaken pursuant to section 2883 
of title 10, United States Code, providing alternative means of 
acquiring and improving military family housing and supporting 
facilities.

                       Homeowners Assistance Fund

    For the Homeowners Assistance Fund established by section 
1013 of the Demonstration Cities and Metropolitan Development 
Act of 1966, (42 U.S.C. 3374), as amended by section 1001 of 
division A of the American Recovery and Reinvestment Act of 
2009 (Public Law 111-5; 123 Stat. 194), $1,284,000, to remain 
available until expended:  Provided, That the Secretary of 
Defense shall not issue any regulation or otherwise take any 
action to limit the submission prior to September 30, 2012, of 
applications for benefits, including permanent change of 
station benefits, as provided under section 1013 of the 
Demonstration Cities and Metropolitan Development Act of 1966, 
(42 U.S.C. 3374), as amended.

          Chemical Demilitarization Construction, Defense-Wide

    For expenses of construction, not otherwise provided for, 
necessary for the destruction of the United States stockpile of 
lethal chemical agents and munitions in accordance with section 
1412 of the Department of Defense Authorization Act, 1986 (50 
U.S.C. 1521), and for the destruction of other chemical warfare 
materials that are not in the chemical weapon stockpile, as 
currently authorized by law, $75,312,000, to remain available 
until September 30, 2016, which shall be only for the Assembled 
Chemical Weapons Alternatives program.

            Department of Defense Base Closure Account 1990

    For deposit into the Department of Defense Base Closure 
Account 1990, established by section 2906(a)(1) of the Defense 
Base Closure and Realignment Act of 1990 (10 U.S.C. 2687 note), 
$323,543,000, to remain available until expended.

            Department of Defense Base Closure Account 2005

    For deposit into the Department of Defense Base Closure 
Account 2005, established by section 2906A(a)(1) of the Defense 
Base Closure and Realignment Act of 1990 (10 U.S.C. 2687 note), 
$258,776,000, to remain available until expended:  Provided, 
That the Department of Defense shall notify the Committees on 
Appropriations of both Houses of Congress 14 days prior to 
obligating an amount for a construction project that exceeds or 
reduces the amount identified for that project in the most 
recently submitted budget request for this account by 20 
percent or $2,000,000, whichever is less:  Provided further, 
That the previous proviso shall not apply to projects costing 
less than $5,000,000, except for those projects not previously 
identified in any budget submission for this account and 
exceeding the minor construction threshold under section 2805 
of title 10, United States Code.

                       Administrative Provisions

    Sec. 101.  None of the funds made available in this title 
shall be expended for payments under a cost-plus-a-fixed-fee 
contract for construction, where cost estimates exceed $25,000, 
to be performed within the United States, except Alaska, 
without the specific approval in writing of the Secretary of 
Defense setting forth the reasons therefor.
    Sec. 102.  Funds made available in this title for 
construction shall be available for hire of passenger motor 
vehicles.
    Sec. 103.  Funds made available in this title for 
construction may be used for advances to the Federal Highway 
Administration, Department of Transportation, for the 
construction of access roads as authorized by section 210 of 
title 23, United States Code, when projects authorized therein 
are certified as important to the national defense by the 
Secretary of Defense.
    Sec. 104.  None of the funds made available in this title 
may be used to begin construction of new bases in the United 
States for which specific appropriations have not been made.
    Sec. 105.  None of the funds made available in this title 
shall be used for purchase of land or land easements in excess 
of 100 percent of the value as determined by the Army Corps of 
Engineers or the Naval Facilities Engineering Command, except: 
(1) where there is a determination of value by a Federal court; 
(2) purchases negotiated by the Attorney General or the 
designee of the Attorney General; (3) where the estimated value 
is less than $25,000; or (4) as otherwise determined by the 
Secretary of Defense to be in the public interest.
    Sec. 106.  None of the funds made available in this title 
shall be used to: (1) acquire land; (2) provide for site 
preparation; or (3) install utilities for any family housing, 
except housing for which funds have been made available in 
annual Acts making appropriations for military construction.
    Sec. 107.  None of the funds made available in this title 
for minor construction may be used to transfer or relocate any 
activity from one base or installation to another, without 
prior notification to the Committees on Appropriations of both 
Houses of Congress.
    Sec. 108.  None of the funds made available in this title 
may be used for the procurement of steel for any construction 
project or activity for which American steel producers, 
fabricators, and manufacturers have been denied the opportunity 
to compete for such steel procurement.
    Sec. 109.  None of the funds available to the Department of 
Defense for military construction or family housing during the 
current fiscal year may be used to pay real property taxes in 
any foreign nation.
    Sec. 110.  None of the funds made available in this title 
may be used to initiate a new installation overseas without 
prior notification to the Committees on Appropriations of both 
Houses of Congress.
    Sec. 111.  None of the funds made available in this title 
may be obligated for architect and engineer contracts estimated 
by the Government to exceed $500,000 for projects to be 
accomplished in Japan, in any North Atlantic Treaty 
Organization member country, or in countries bordering the 
Arabian Sea, unless such contracts are awarded to United States 
firms or United States firms in joint venture with host nation 
firms.
    Sec. 112.  None of the funds made available in this title 
for military construction in the United States territories and 
possessions in the Pacific and on Kwajalein Atoll, or in 
countries bordering the Arabian Sea, may be used to award any 
contract estimated by the Government to exceed $1,000,000 to a 
foreign contractor:  Provided, That this section shall not be 
applicable to contract awards for which the lowest responsive 
and responsible bid of a United States contractor exceeds the 
lowest responsive and responsible bid of a foreign contractor 
by greater than 20 percent:  Provided further, That this 
section shall not apply to contract awards for military 
construction on Kwajalein Atoll for which the lowest responsive 
and responsible bid is submitted by a Marshallese contractor.
    Sec. 113.  The Secretary of Defense shall inform the 
appropriate committees of both Houses of Congress, including 
the Committees on Appropriations, of plans and scope of any 
proposed military exercise involving United States personnel 30 
days prior to its occurring, if amounts expended for 
construction, either temporary or permanent, are anticipated to 
exceed $100,000.
    Sec. 114.  Not more than 20 percent of the funds made 
available in this title which are limited for obligation during 
the current fiscal year shall be obligated during the last 2 
months of the fiscal year.
    Sec. 115.  Funds appropriated to the Department of Defense 
for construction in prior years shall be available for 
construction authorized for each such military department by 
the authorizations enacted into law during the current session 
of Congress.
    Sec. 116.  For military construction or family housing 
projects that are being completed with funds otherwise expired 
or lapsed for obligation, expired or lapsed funds may be used 
to pay the cost of associated supervision, inspection, 
overhead, engineering and design on those projects and on 
subsequent claims, if any.
    Sec. 117.  Notwithstanding any other provision of law, any 
funds made available to a military department or defense agency 
for the construction of military projects may be obligated for 
a military construction project or contract, or for any portion 
of such a project or contract, at any time before the end of 
the fourth fiscal year after the fiscal year for which funds 
for such project were made available, if the funds obligated 
for such project: (1) are obligated from funds available for 
military construction projects; and (2) do not exceed the 
amount appropriated for such project, plus any amount by which 
the cost of such project is increased pursuant to law.

                     (including transfer of funds)

    Sec. 118.  In addition to any other transfer authority 
available to the Department of Defense, proceeds deposited to 
the Department of Defense Base Closure Account established by 
section 207(a)(1) of the Defense Authorization Amendments and 
Base Closure and Realignment Act (10 U.S.C. 2687 note) pursuant 
to section 207(a)(2)(C) of such Act, may be transferred to the 
account established by section 2906(a)(1) of the Defense Base 
Closure and Realignment Act of 1990 (10 U.S.C. 2687 note), to 
be merged with, and to be available for the same purposes and 
the same time period as that account.

                     (including transfer of funds)

    Sec. 119.  Subject to 30 days prior notification, or 14 
days for a notification provided in an electronic medium 
pursuant to sections 480 and 2883 of title 10, United States 
Code, to the Committees on Appropriations of both Houses of 
Congress, such additional amounts as may be determined by the 
Secretary of Defense may be transferred to: (1) the Department 
of Defense Family Housing Improvement Fund from amounts 
appropriated for construction in ``Family Housing'' accounts, 
to be merged with and to be available for the same purposes and 
for the same period of time as amounts appropriated directly to 
the Fund; or (2) the Department of Defense Military 
Unaccompanied Housing Improvement Fund from amounts 
appropriated for construction of military unaccompanied housing 
in ``Military Construction'' accounts, to be merged with and to 
be available for the same purposes and for the same period of 
time as amounts appropriated directly to the Fund:  Provided, 
That appropriations made available to the Funds shall be 
available to cover the costs, as defined in section 502(5) of 
the Congressional Budget Act of 1974, of direct loans or loan 
guarantees issued by the Department of Defense pursuant to the 
provisions of subchapter IV of chapter 169 of title 10, United 
States Code, pertaining to alternative means of acquiring and 
improving military family housing, military unaccompanied 
housing, and supporting facilities.

                     (including transfer of funds)

    Sec. 120.  In addition to any other transfer authority 
available to the Department of Defense, amounts may be 
transferred from the accounts established by sections 
2906(a)(1) and 2906A(a)(1) of the Defense Base Closure and 
Realignment Act of 1990 (10 U.S.C. 2687 note), to the fund 
established by section 1013(d) of the Demonstration Cities and 
Metropolitan Development Act of 1966 (42 U.S.C. 3374) to pay 
for expenses associated with the Homeowners Assistance Program 
incurred under 42 U.S.C. 3374(a)(1)(A). Any amounts transferred 
shall be merged with and be available for the same purposes and 
for the same time period as the fund to which transferred.
    Sec. 121.  Notwithstanding any other provision of law, 
funds made available in this title for operation and 
maintenance of family housing shall be the exclusive source of 
funds for repair and maintenance of all family housing units, 
including general or flag officer quarters:  Provided, That not 
more than $35,000 per unit may be spent annually for the 
maintenance and repair of any general or flag officer quarters 
without 30 days prior notification, or 14 days for a 
notification provided in an electronic medium pursuant to 
sections 480 and 2883 of title 10, United States Code, to the 
Committees on Appropriations of both Houses of Congress, except 
that an after-the-fact notification shall be submitted if the 
limitation is exceeded solely due to costs associated with 
environmental remediation that could not be reasonably 
anticipated at the time of the budget submission:  Provided 
further,  That the Under Secretary of Defense (Comptroller) is 
to report annually to the Committees on Appropriations of both 
Houses of Congress all operation and maintenance expenditures 
for each individual general or flag officer quarters for the 
prior fiscal year.
    Sec. 122.  Amounts contained in the Ford Island Improvement 
Account established by subsection (h) of section 2814 of title 
10, United States Code, are appropriated and shall be available 
until expended for the purposes specified in subsection (i)(1) 
of such section or until transferred pursuant to subsection 
(i)(3) of such section.
    Sec. 123.  None of the funds made available in this title, 
or in any Act making appropriations for military construction 
which remain available for obligation, may be obligated or 
expended to carry out a military construction, land 
acquisition, or family housing project at or for a military 
installation approved for closure, or at a military 
installation for the purposes of supporting a function that has 
been approved for realignment to another installation, in 2005 
under the Defense Base Closure and Realignment Act of 1990 
(part A of title XXIX of Public Law 101-510; 10 U.S.C. 2687 
note), unless such a project at a military installation 
approved for realignment will support a continuing mission or 
function at that installation or a new mission or function that 
is planned for that installation, or unless the Secretary of 
Defense certifies that the cost to the United States of 
carrying out such project would be less than the cost to the 
United States of cancelling such project, or if the project is 
at an active component base that shall be established as an 
enclave or in the case of projects having multi-agency use, 
that another Government agency has indicated it will assume 
ownership of the completed project. The Secretary of Defense 
may not transfer funds made available as a result of this 
limitation from any military construction project, land 
acquisition, or family housing project to another account or 
use such funds for another purpose or project without the prior 
approval of the Committees on Appropriations of both Houses of 
Congress. This section shall not apply to military construction 
projects, land acquisition, or family housing projects for 
which the project is vital to the national security or the 
protection of health, safety, or environmental quality:  
Provided, That the Secretary of Defense shall notify the 
congressional defense committees within seven days of a 
decision to carry out such a military construction project.

                     (including transfer of funds)

    Sec. 124.  During the 5-year period after appropriations 
available in this Act to the Department of Defense for military 
construction and family housing operation and maintenance and 
construction have expired for obligation, upon a determination 
that such appropriations will not be necessary for the 
liquidation of obligations or for making authorized adjustments 
to such appropriations for obligations incurred during the 
period of availability of such appropriations, unobligated 
balances of such appropriations may be transferred into the 
appropriation ``Foreign Currency Fluctuations, Construction, 
Defense'', to be merged with and to be available for the same 
time period and for the same purposes as the appropriation to 
which transferred.
    Sec. 125.  Amounts appropriated or otherwise made available 
in an account funded under the headings in this title may be 
transferred among projects and activities within the account in 
accordance with the reprogramming guidelines for military 
construction and family housing construction contained in 
Department of Defense Financial Management Regulation 7000.14-
R, Volume 3, Chapter 7, of February 2009, as in effect on the 
date of enactment of this Act.
    Sec. 126. (a) Notwithstanding any other provision of law, 
the Secretary of the Army shall close Umatilla Chemical Depot, 
Oregon, not later than 1 year after the completion of chemical 
demilitarization activities required under the Chemical Weapons 
Convention.
    (b) The closure of the Umatilla Chemical Depot, Oregon, and 
subsequent management and property disposal shall be carried 
out in accordance with procedures and authorities contained in 
the Defense Base Closure and Realignment Act of 1990 (part A of 
title XXIX of Public Law 110-510; 10 U.S.C. 2687 note).
    (c) Nothing in this section shall be construed to affect or 
limit the application of, or any obligation to comply with, any 
environmental law, including the Comprehensive Environmental 
Response, Compensation, and Liability Act of 1980 (42 U.S.C. 
9601 et seq.) and the Solid Waste Disposal Act (42 U.S.C. 6901 
et seq.).
    (d) The Secretary of the Army may retain minimum essential 
ranges, facilities, and training areas at Umatilla Chemical 
Depot, totaling approximately 7,500 acres, as a training 
enclave for the reserve components of the Armed Forces to 
permit the conduct of individual and annual training.
    Sec. 127.  None of the funds made available by this Act may 
be used by the Secretary of Defense to take beneficial 
occupancy of more than 2,000 parking spaces (other than 
handicap-reserved spaces) to be provided by the BRAC 133 
project:  Provided, That this limitation may be waived in part 
if: (1) the Secretary of Defense certifies to Congress that 
levels of service at existing intersections in the vicinity of 
the project have not experienced failing levels of service as 
defined by the Transportation Research Board Highway Capacity 
Manual over a consecutive 90-day period; (2) the Department of 
Defense and the Virginia Department of Transportation agree on 
the number of additional parking spaces that may be made 
available to employees of the facility subject to continued 90-
day traffic monitoring; and (3) the Secretary of Defense 
notifies the congressional defense committees in writing at 
least 14 days prior to exercising this waiver of the number of 
additional parking spaces to be made available:  Provided 
further, That the Secretary of Defense shall implement the 
Department of Defense Inspector General recommendations 
outlined in report number DODIG-2012-024, and certify to 
Congress not later than 180 days after enactment of this Act 
that the recommendations have been implemented.
    Sec. 128.  None of the funds appropriated or otherwise made 
available by this title may be obligated or expended for a 
permanent United States Africa Command headquarters outside of 
the United States until the Secretary of Defense provides the 
congressional defense committees an analysis of all military 
construction costs associated with establishing a permanent 
location overseas versus in the United States.
    Sec. 129.  None of the funds made available by this Act may 
be used for any action that relates to or promotes the 
expansion of the boundaries or size of the Pinon Canyon 
Maneuver Site, Colorado.
    Sec. 130. (a) Except as provided in subsection (b), none of 
the funds made available in this Act may be used by the 
Secretary of the Army to relocate a unit in the Army that--
            (1) performs a testing mission or function that is 
        not performed by any other unit in the Army and is 
        specifically stipulated in title 10, United States 
        Code; and
            (2) is located at a military installation at which 
        the total number of civilian employees of the 
        Department of the Army and Army contractor personnel 
        employed exceeds 10 percent of the total number of 
        members of the regular and reserve components of the 
        Army assigned to the installation.
    (b) Exception.--Subsection (a) shall not apply if the 
Secretary of the Army certifies to the congressional defense 
committees that in proposing the relocation of the unit of the 
Army, the Secretary complied with Army Regulation 5-10 relating 
to the policy, procedures, and responsibilities for Army 
stationing actions.

                    (including rescissions of funds)

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

                    (including rescission of funds)

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

                                TITLE II

                     DEPARTMENT OF VETERANS AFFAIRS

                    Veterans Benefits Administration

                       compensation and pensions

                     (including transfer of funds)

    For the payment of compensation benefits to or on behalf of 
veterans and a pilot program for disability examinations as 
authorized by section 107 and chapters 11, 13, 18, 51, 53, 55, 
and 61 of title 38, United States Code; pension benefits to or 
on behalf of veterans as authorized by chapters 15, 51, 53, 55, 
and 61 of title 38, United States Code; and burial benefits, 
the Reinstated Entitlement Program for Survivors, emergency and 
other officers' retirement pay, adjusted-service credits and 
certificates, payment of premiums due on commercial life 
insurance policies guaranteed under the provisions of title IV 
of the Servicemembers Civil Relief Act (50 U.S.C. App. 541 et 
seq.) and for other benefits as authorized by sections 107, 
1312, 1977, and 2106, and chapters 23, 51, 53, 55, and 61 of 
title 38, United States Code, $51,237,567,000, to remain 
available until expended:  Provided, That not to exceed 
$32,187,000 of the amount appropriated under this heading shall 
be reimbursed to ``General operating expenses, Veterans 
Benefits Administration'', ``Medical support and compliance'', 
and ``Information technology systems'' for necessary expenses 
in implementing the provisions of chapters 51, 53, and 55 of 
title 38, United States Code, the funding source for which is 
specifically provided as the ``Compensation and pensions'' 
appropriation:  Provided further, That such sums as may be 
earned on an actual qualifying patient basis, shall be 
reimbursed to ``Medical care collections fund'' to augment the 
funding of individual medical facilities for nursing home care 
provided to pensioners as authorized.

                         readjustment benefits

    For the payment of readjustment and rehabilitation benefits 
to or on behalf of veterans as authorized by chapters 21, 30, 
31, 33, 34, 35, 36, 39, 51, 53, 55, and 61 of title 38, United 
States Code, $12,108,488,000, to remain available until 
expended:  Provided, That expenses for rehabilitation program 
services and assistance which the Secretary is authorized to 
provide under subsection (a) of section 3104 of title 38, 
United States Code, other than under paragraphs (1), (2), (5), 
and (11) of that subsection, shall be charged to this account.

                   veterans insurance and indemnities

    For military and naval insurance, national service life 
insurance, servicemen's indemnities, service-disabled veterans 
insurance, and veterans mortgage life insurance as authorized 
by chapters 19 and 21, title 38, United States Code, 
$100,252,000, to remain available until expended.

                 veterans housing benefit program fund

    For the cost of direct and guaranteed loans, such sums as 
may be necessary to carry out the program, as authorized by 
subchapters I through III of chapter 37 of title 38, United 
States Code:  Provided, That such costs, including the cost of 
modifying such loans, shall be as defined in section 502 of the 
Congressional Budget Act of 1974:  Provided further, That 
during fiscal year 2012, within the resources available, not to 
exceed $500,000 in gross obligations for direct loans are 
authorized for specially adapted housing loans.
    In addition, for administrative expenses to carry out the 
direct and guaranteed loan programs, $154,698,000.

            vocational rehabilitation loans program account

    For the cost of direct loans, $19,000, as authorized by 
chapter 31 of title 38, United States Code:  Provided, That 
such costs, including the cost of modifying such loans, shall 
be as defined in section 502 of the Congressional Budget Act of 
1974:  Provided further, That funds made available under this 
heading are available to subsidize gross obligations for the 
principal amount of direct loans not to exceed $3,019,000.
    In addition, for administrative expenses necessary to carry 
out the direct loan program, $343,000, which may be paid to the 
appropriation for ``General operating expenses, Veterans 
Benefits Administration''.

          native american veteran housing loan program account

    For administrative expenses to carry out the direct loan 
program authorized by subchapter V of chapter 37 of title 38, 
United States Code, $1,116,000.

                     Veterans Health Administration

                            medical services

    For necessary expenses for furnishing, as authorized by 
law, inpatient and outpatient care and treatment to 
beneficiaries of the Department of Veterans Affairs and 
veterans described in section 1705(a) of title 38, United 
States Code, including care and treatment in facilities not 
under the jurisdiction of the Department, and including medical 
supplies and equipment, food services, and salaries and 
expenses of health care employees hired under title 38, United 
States Code, aid to State homes as authorized by section 1741 
of title 38, United States Code, assistance and support 
services for caregivers as authorized by section 1720G of title 
38, United States Code, and loan repayments authorized by 
section 604 of the Caregivers and Veterans Omnibus Health 
Services Act of 2010 (Public Law 111-163; 124 Stat. 1174; 38 
U.S.C. 7681 note) $41,354,000,000, plus reimbursements, shall 
become available on October 1, 2012, and shall remain available 
until September 30, 2013:  Provided, That notwithstanding any 
other provision of law, the Secretary of Veterans Affairs shall 
establish a priority for the provision of medical treatment for 
veterans who have service-connected disabilities, lower income, 
or have special needs:  Provided further, That notwithstanding 
any other provision of law, the Secretary of Veterans Affairs 
shall give priority funding for the provision of basic medical 
benefits to veterans in enrollment priority groups 1 through 6: 
 Provided further, That notwithstanding any other provision of 
law, the Secretary of Veterans Affairs may authorize the 
dispensing of prescription drugs from Veterans Health 
Administration facilities to enrolled veterans with privately 
written prescriptions based on requirements established by the 
Secretary:  Provided further, That the implementation of the 
program described in the previous proviso shall incur no 
additional cost to the Department of Veterans Affairs.

                     medical support and compliance

    For necessary expenses in the administration of the 
medical, hospital, nursing home, domiciliary, construction, 
supply, and research activities, as authorized by law; 
administrative expenses in support of capital policy 
activities; and administrative and legal expenses of the 
Department for collecting and recovering amounts owed the 
Department as authorized under chapter 17 of title 38, United 
States Code, and the Federal Medical Care Recovery Act (42 
U.S.C. 2651 et seq.); $5,746,000,000, plus reimbursements, 
shall become available on October 1, 2012, and shall remain 
available until September 30, 2013.

                           medical facilities

    For necessary expenses for the maintenance and operation of 
hospitals, nursing homes, domiciliary facilities, and other 
necessary facilities of the Veterans Health Administration; for 
administrative expenses in support of planning, design, project 
management, real property acquisition and disposition, 
construction, and renovation of any facility under the 
jurisdiction or for the use of the Department; for oversight, 
engineering, and architectural activities not charged to 
project costs; for repairing, altering, improving, or providing 
facilities in the several hospitals and homes under the 
jurisdiction of the Department, not otherwise provided for, 
either by contract or by the hire of temporary employees and 
purchase of materials; for leases of facilities; and for 
laundry services, $5,441,000,000, plus reimbursements, shall 
become available on October 1, 2012, and shall remain available 
until September 30, 2013.

                    medical and prosthetic research

    For necessary expenses in carrying out programs of medical 
and prosthetic research and development as authorized by 
chapter 73 of title 38, United States Code, $581,000,000, plus 
reimbursements, shall remain available until September 30, 
2013.

                    National Cemetery Administration

    For necessary expenses of the National Cemetery 
Administration for operations and maintenance, not otherwise 
provided for, including uniforms or allowances therefor; 
cemeterial expenses as authorized by law; purchase of one 
passenger motor vehicle for use in cemeterial operations; hire 
of passenger motor vehicles; and repair, alteration or 
improvement of facilities under the jurisdiction of the 
National Cemetery Administration, $250,934,000, of which not to 
exceed $25,100,000 shall remain available until September 30, 
2013:  Provided, That none of the funds under this heading may 
be used to expand the Urban Initiative project beyond those 
sites outlined in the fiscal year 2012 or previous budget 
submissions until the National Cemetery Administration submits 
to the Committees on Appropriations of both Houses of Congress 
a detailed strategy to serve the burial needs of veterans 
residing in rural and highly rural areas:  Provided further, 
That the report shall include a timeline for implementation of 
such strategy and cost estimates of establishing new burial 
sites in at least five rural or highly rural locations.

                      Departmental Administration

                         general administration

                     (including transfer of funds)

    For necessary operating expenses of the Department of 
Veterans Affairs, not otherwise provided for, including 
administrative expenses in support of Department-Wide capital 
planning, management and policy activities, uniforms, or 
allowances therefor; not to exceed $25,000 for official 
reception and representation expenses; hire of passenger motor 
vehicles; and reimbursement of the General Services 
Administration for security guard services, $416,737,000, of 
which not to exceed $20,837,000 shall remain available until 
September 30, 2013:  Provided, That funds provided under this 
heading may be transferred to ``General operating expenses, 
Veterans Benefits Administration''.

      general operating expenses, veterans benefits administration

    For necessary operating expenses of the Veterans Benefits 
Administration, not otherwise provided for, including hire of 
passenger motor vehicles, reimbursement of the General Services 
Administration for security guard services, and reimbursement 
of the Department of Defense for the cost of overseas employee 
mail, $2,018,764,000:  Provided, That expenses for services and 
assistance authorized under paragraphs (1), (2), (5), and (11) 
of section 3104(a) of title 38, United States Code, that the 
Secretary of Veterans Affairs determines are necessary to 
enable entitled veterans: (1) to the maximum extent feasible, 
to become employable and to obtain and maintain suitable 
employment; or (2) to achieve maximum independence in daily 
living, shall be charged to this account:  Provided further, 
That of the funds made available under this heading, not to 
exceed $105,000,000 shall remain available until September 30, 
2013:  Provided further, That from the funds made available 
under this heading, the Veterans Benefits Administration may 
purchase (on a one-for-one replacement basis only) up to two 
passenger motor vehicles for use in operations of that 
Administration in Manila, Philippines.

                     information technology systems

    For necessary expenses for information technology systems 
and telecommunications support, including developmental 
information systems and operational information systems; for 
pay and associated costs; and for the capital asset acquisition 
of information technology systems, including management and 
related contractual costs of said acquisitions, including 
contractual costs associated with operations authorized by 
section 3109 of title 5, United States Code, $3,111,376,000, 
plus reimbursements:  Provided, That $915,000,000 shall be for 
pay and associated costs, of which not to exceed $25,000,000 
shall remain available until September 30, 2013:  Provided 
further, That $1,616,018,000 shall be for operations and 
maintenance, of which not to exceed $110,000,000 shall remain 
available until September 30, 2013:  Provided further, That 
$580,358,000 shall be for information technology systems 
development, modernization, and enhancement, and shall remain 
available until September 30, 2013:  Provided further, That 
none of the funds made available under this heading may be 
obligated until the Department of Veterans Affairs submits to 
the Committees on Appropriations of both Houses of Congress, 
and such Committees approve, a plan for expenditure that: (1) 
meets the capital planning and investment control review 
requirements established by the Office of Management and 
Budget; (2) complies with the Department of Veterans Affairs 
enterprise architecture; (3) conforms with an established 
enterprise life cycle methodology; and (4) complies with the 
acquisition rules, requirements, guidelines, and systems 
acquisition management practices of the Federal Government:  
Provided further, That amounts made available for information 
technology systems development, modernization, and enhancement 
may not be obligated or expended until the Secretary of 
Veterans Affairs or the Chief Information Officer of the 
Department of Veterans Affairs submits to the Committees on 
Appropriations of both Houses of Congress a certification of 
the amounts, in parts or in full, to be obligated and expended 
for each development project:  Provided further, That amounts 
made available for salaries and expenses, operations and 
maintenance, and information technology systems development, 
modernization, and enhancement may be transferred among the 
three subaccounts after the Secretary of Veterans Affairs 
requests from the Committees on Appropriations of both Houses 
of Congress the authority to make the transfer and an approval 
is issued:  Provided further, That the funds made available 
under this heading for information technology systems 
development, modernization, and enhancement, shall be for the 
projects, and in the amounts, specified under this heading in 
the Joint Explanatory Statement of the Committee of Conference.

                      office of inspector general

    For necessary expenses of the Office of Inspector General, 
to include information technology, in carrying out the 
provisions of the Inspector General Act of 1978 (5 U.S.C. 
App.), $112,391,000, of which $6,000,000 shall remain available 
until September 30, 2013.

                      construction, major projects

    For constructing, altering, extending, and improving any of 
the facilities, including parking projects, under the 
jurisdiction or for the use of the Department of Veterans 
Affairs, or for any of the purposes set forth in sections 316, 
2404, 2406, 8102, 8103, 8106, 8108, 8109, 8110, and 8122 of 
title 38, United States Code, including planning, architectural 
and engineering services, construction management services, 
maintenance or guarantee period services costs associated with 
equipment guarantees provided under the project, services of 
claims analysts, offsite utility and storm drainage system 
construction costs, and site acquisition, where the estimated 
cost of a project is more than the amount set forth in section 
8104(a)(3)(A) of title 38, United States Code, or where funds 
for a project were made available in a previous major project 
appropriation, $589,604,000, to remain available until 
expended, of which $5,000,000 shall be to make reimbursements 
as provided in section 13 of the Contract Disputes Act of 1978 
(41 U.S.C. 612) for claims paid for contract disputes:  
Provided, That except for advance planning activities, 
including needs assessments which may or may not lead to 
capital investments, and other capital asset management related 
activities, including portfolio development and management 
activities, and investment strategy studies funded through the 
advance planning fund and the planning and design activities 
funded through the design fund, including needs assessments 
which may or may not lead to capital investments, and salaries 
and associated costs of the resident engineers who oversee 
those capital investments funded through this account, and 
funds provided for the purchase of land for the National 
Cemetery Administration through the land acquisition line item, 
none of the funds made available under this heading shall be 
used for any project which has not been approved by the 
Congress in the budgetary process:  Provided further, That 
funds made available under this heading for fiscal year 2012, 
for each approved project shall be obligated: (1) by the 
awarding of a construction documents contract by September 30, 
2012; and (2) by the awarding of a construction contract by 
September 30, 2013:  Provided further, That the Secretary of 
Veterans Affairs shall promptly submit to the Committees on 
Appropriations of both Houses of Congress a written report on 
any approved major construction project for which obligations 
are not incurred within the time limitations established above.

                      construction, minor projects

    For constructing, altering, extending, and improving any of 
the facilities, including parking projects, under the 
jurisdiction or for the use of the Department of Veterans 
Affairs, including planning and assessments of needs which may 
lead to capital investments, architectural and engineering 
services, maintenance or guarantee period services costs 
associated with equipment guarantees provided under the 
project, services of claims analysts, offsite utility and storm 
drainage system construction costs, and site acquisition, or 
for any of the purposes set forth in sections 316, 2404, 2406, 
8102, 8103, 8106, 8108, 8109, 8110, 8122, and 8162 of title 38, 
United States Code, where the estimated cost of a project is 
equal to or less than the amount set forth in section 
8104(a)(3)(A) of title 38, United States Code, $482,386,000, to 
remain available until expended, along with unobligated 
balances of previous ``Construction, minor projects'' 
appropriations which are hereby made available for any project 
where the estimated cost is equal to or less than the amount 
set forth in such section:  Provided, That funds made available 
under this heading shall be for: (1) repairs to any of the 
nonmedical facilities under the jurisdiction or for the use of 
the Department which are necessary because of loss or damage 
caused by any natural disaster or catastrophe; and (2) 
temporary measures necessary to prevent or to minimize further 
loss by such causes.

       grants for construction of state extended care facilities

    For grants to assist States to acquire or construct State 
nursing home and domiciliary facilities and to remodel, modify, 
or alter existing hospital, nursing home, and domiciliary 
facilities in State homes, for furnishing care to veterans as 
authorized by sections 8131 through 8137 of title 38, United 
States Code, $85,000,000, to remain available until expended.

             grants for construction of veterans cemeteries

    For grants to assist States and tribal governments in 
establishing, expanding, or improving veterans cemeteries as 
authorized by section 2408 of title 38, United States Code, 
$46,000,000, to remain available until expended.

                       Administrative Provisions

                     (including transfer of funds)

    Sec. 201.  Any appropriation for fiscal year 2012 for 
``Compensation and pensions'', ``Readjustment benefits'', and 
``Veterans insurance and indemnities'' may be transferred as 
necessary to any other of the mentioned appropriations:  
Provided, That before a transfer may take place, the Secretary 
of Veterans Affairs shall request from the Committees on 
Appropriations of both Houses of Congress the authority to make 
the transfer and such Committees issue an approval, or absent a 
response, a period of 30 days has elapsed.

                     (including transfer of funds)

    Sec. 202.  Amounts made available for the Department of 
Veterans Affairs for fiscal year 2012, in this Act or any other 
Act, under the ``Medical services'', ``Medical support and 
compliance'', and ``Medical facilities'' accounts may be 
transferred among the accounts:  Provided, That any transfers 
between the ``Medical services'' and ``Medical support and 
compliance'' accounts of 1 percent or less of the total amount 
appropriated to the account in this or any other Act may take 
place subject to notification from the Secretary of Veterans 
Affairs to the Committees on Appropriations of both Houses of 
Congress of the amount and purpose of the transfer:  Provided 
further, That any transfers between the ``Medical services'' 
and ``Medical support and compliance'' accounts in excess of 1 
percent, or exceeding the cumulative 1 percent for the fiscal 
year, may take place only after the Secretary requests from the 
Committees on Appropriations of both Houses of Congress the 
authority to make the transfer and an approval is issued:  
Provided further, That any transfers to or from the ``Medical 
facilities'' account may take place only after the Secretary 
requests from the Committees on Appropriations of both Houses 
of Congress the authority to make the transfer and an approval 
is issued.
    Sec. 203.  Appropriations available in this title for 
salaries and expenses shall be available for services 
authorized by section 3109 of title 5, United States Code, hire 
of passenger motor vehicles; lease of a facility or land or 
both; and uniforms or allowances therefore, as authorized by 
sections 5901 through 5902 of title 5, United States Code.
    Sec. 204.  No appropriations in this title (except the 
appropriations for ``Construction, major projects'', and 
``Construction, minor projects'') shall be available for the 
purchase of any site for or toward the construction of any new 
hospital or home.
    Sec. 205.  No appropriations in this title shall be 
available for hospitalization or examination of any persons 
(except beneficiaries entitled to such hospitalization or 
examination under the laws providing such benefits to veterans, 
and persons receiving such treatment under sections 7901 
through 7904 of title 5, United States Code, or the Robert T. 
Stafford Disaster Relief and Emergency Assistance Act (42 
U.S.C. 5121 et seq.)), unless reimbursement of the cost of such 
hospitalization or examination is made to the ``Medical 
services'' account at such rates as may be fixed by the 
Secretary of Veterans Affairs.
    Sec. 206.  Appropriations available in this title for 
``Compensation and pensions'', ``Readjustment benefits'', and 
``Veterans insurance and indemnities'' shall be available for 
payment of prior year accrued obligations required to be 
recorded by law against the corresponding prior year accounts 
within the last quarter of fiscal year 2011.
    Sec. 207.  Appropriations available in this title shall be 
available to pay prior year obligations of corresponding prior 
year appropriations accounts resulting from sections 3328(a), 
3334, and 3712(a) of title 31, United States Code, except that 
if such obligations are from trust fund accounts they shall be 
payable only from ``Compensation and pensions''.

                     (including transfer of funds)

    Sec. 208.  Notwithstanding any other provision of law, 
during fiscal year 2012, the Secretary of Veterans Affairs 
shall, from the National Service Life Insurance Fund under 
section 1920 of title 38, United States Code, the Veterans' 
Special Life Insurance Fund under section 1923 of title 38, 
United States Code, and the United States Government Life 
Insurance Fund under section 1955 of title 38, United States 
Code, reimburse the ``General operating expenses, Veterans 
Benefits Administration'' and ``Information technology 
systems'' accounts for the cost of administration of the 
insurance programs financed through those accounts:  Provided, 
That reimbursement shall be made only from the surplus earnings 
accumulated in such an insurance program during fiscal year 
2012 that are available for dividends in that program after 
claims have been paid and actuarially determined reserves have 
been set aside:  Provided further, That if the cost of 
administration of such an insurance program exceeds the amount 
of surplus earnings accumulated in that program, reimbursement 
shall be made only to the extent of such surplus earnings:  
Provided further, That the Secretary shall determine the cost 
of administration for fiscal year 2012 which is properly 
allocable to the provision of each such insurance program and 
to the provision of any total disability income insurance 
included in that insurance program.
    Sec. 209.  Amounts deducted from enhanced-use lease 
proceeds to reimburse an account for expenses incurred by that 
account during a prior fiscal year for providing enhanced-use 
lease services, may be obligated during the fiscal year in 
which the proceeds are received.

                     (including transfer of funds)

    Sec. 210.  Funds available in this title or funds for 
salaries and other administrative expenses shall also be 
available to reimburse the Office of Resolution Management of 
the Department of Veterans Affairs and the Office of Employment 
Discrimination Complaint Adjudication under section 319 of 
title 38, United States Code, for all services provided at 
rates which will recover actual costs but not exceed 
$42,904,000 for the Office of Resolution Management and 
$3,360,000 for the Office of Employment and Discrimination 
Complaint Adjudication:  Provided, That payments may be made in 
advance for services to be furnished based on estimated costs:  
Provided further, That amounts received shall be credited to 
the ``General administration'' and ``Information technology 
systems'' accounts for use by the office that provided the 
service.
    Sec. 211.  No appropriations in this title shall be 
available to enter into any new lease of real property if the 
estimated annual rental cost is more than $1,000,000, unless 
the Secretary submits a report which the Committees on 
Appropriations of both Houses of Congress approve within 30 
days following the date on which the report is received.
    Sec. 212.  No funds of the Department of Veterans Affairs 
shall be available for hospital care, nursing home care, or 
medical services provided to any person under chapter 17 of 
title 38, United States Code, for a non-service-connected 
disability described in section 1729(a)(2) of such title, 
unless that person has disclosed to the Secretary of Veterans 
Affairs, in such form as the Secretary may require, current, 
accurate third-party reimbursement information for purposes of 
section 1729 of such title:  Provided, That the Secretary may 
recover, in the same manner as any other debt due the United 
States, the reasonable charges for such care or services from 
any person who does not make such disclosure as required:  
Provided further, That any amounts so recovered for care or 
services provided in a prior fiscal year may be obligated by 
the Secretary during the fiscal year in which amounts are 
received.

                     (including transfer of funds)

    Sec. 213.  Notwithstanding any other provision of law, 
proceeds or revenues derived from enhanced-use leasing 
activities (including disposal) may be deposited into the 
``Construction, major projects'' and ``Construction, minor 
projects'' accounts and be used for construction (including 
site acquisition and disposition), alterations, and 
improvements of any medical facility under the jurisdiction or 
for the use of the Department of Veterans Affairs. Such sums as 
realized are in addition to the amount provided for in 
``Construction, major projects'' and ``Construction, minor 
projects''.
    Sec. 214.  Amounts made available under ``Medical 
services'' are available--
            (1) for furnishing recreational facilities, 
        supplies, and equipment; and
            (2) for funeral expenses, burial expenses, and 
        other expenses incidental to funerals and burials for 
        beneficiaries receiving care in the Department.

                     (including transfer of funds)

    Sec. 215.  Such sums as may be deposited to the Medical 
Care Collections Fund pursuant to section 1729A of title 38, 
United States Code, may be transferred to ``Medical services'', 
to remain available until expended for the purposes of that 
account.
    Sec. 216.  The Secretary of Veterans Affairs may enter into 
agreements with Indian tribes and tribal organizations which 
are party to the Alaska Native Health Compact with the Indian 
Health Service, and Indian tribes and tribal organizations 
serving rural Alaska which have entered into contracts with the 
Indian Health Service under the Indian Self Determination and 
Educational Assistance Act, to provide healthcare, including 
behavioral health and dental care. The Secretary shall require 
participating veterans and facilities to comply with all 
appropriate rules and regulations, as established by the 
Secretary. The term ``rural Alaska'' shall mean those lands 
sited within the external boundaries of the Alaska Native 
regions specified in sections 7(a)(1)-(4) and (7)-(12) of the 
Alaska Native Claims Settlement Act, as amended (43 U.S.C. 
1606), and those lands within the Alaska Native regions 
specified in sections 7(a)(5) and 7(a)(6) of the Alaska Native 
Claims Settlement Act, as amended (43 U.S.C. 1606), which are 
not within the boundaries of the Municipality of Anchorage, the 
Fairbanks North Star Borough, the Kenai Peninsula Borough or 
the Matanuska Susitna Borough.

                     (including transfer of funds)

    Sec. 217.  Such sums as may be deposited to the Department 
of Veterans Affairs Capital Asset Fund pursuant to section 8118 
of title 38, United States Code, may be transferred to the 
``Construction, major projects'' and ``Construction, minor 
projects'' accounts, to remain available until expended for the 
purposes of these accounts.
    Sec. 218.  None of the funds made available in this title 
may be used to implement any policy prohibiting the Directors 
of the Veterans Integrated Services Networks from conducting 
outreach or marketing to enroll new veterans within their 
respective Networks.
    Sec. 219.  The Secretary of Veterans Affairs shall submit 
to the Committees on Appropriations of both Houses of Congress 
a quarterly report on the financial status of the Veterans 
Health Administration.

                     (including transfer of funds)

    Sec. 220.  Amounts made available under the ``Medical 
services'', ``Medical support and compliance'', ``Medical 
facilities'', ``General operating expenses, Veterans Benefits 
Administration'', ``General administration'', and ``National 
Cemetery Administration'' accounts for fiscal year 2012, may be 
transferred to or from the ``Information technology systems'' 
account:  Provided, That before a transfer may take place, the 
Secretary of Veterans Affairs shall request from the Committees 
on Appropriations of both Houses of Congress the authority to 
make the transfer and an approval is issued.

                     (including transfer of funds)

    Sec. 221.  Amounts made available for the ``Information 
technology systems'' account for development, modernization, 
and enhancement may be transferred between projects or to newly 
defined projects:  Provided, That no project may be increased 
or decreased by more than $1,000,000 of cost prior to 
submitting a request to the Committees on Appropriations of 
both Houses of Congress to make the transfer and an approval is 
issued, or absent a response, a period of 30 days has elapsed.
    Sec. 222.  None of the funds appropriated or otherwise made 
available by this Act or any other Act for the Department of 
Veterans Affairs may be used in a manner that is inconsistent 
with: (1) section 842 of the Transportation, Treasury, Housing 
and Urban Development, the Judiciary, the District of Columbia, 
and Independent Agencies Appropriations Act, 2006 (Public Law 
109-115; 119 Stat. 2506); or (2) section 8110(a)(5) of title 
38, United States Code.
    Sec. 223.  Of the amounts made available to the Department 
of Veterans Affairs for fiscal year 2012, in this Act or any 
other Act, under the ``Medical facilities'' account for 
nonrecurring maintenance, not more than 20 percent of the funds 
made available shall be obligated during the last 2 months of 
that fiscal year:  Provided, That the Secretary may waive this 
requirement after providing written notice to the Committees on 
Appropriations of both Houses of Congress.

                     (including transfer of funds)

    Sec. 224.  Of the amounts appropriated to the Department of 
Veterans Affairs for fiscal year 2012 for ``Medical services'', 
``Medical support and compliance'', ``Medical facilities'', 
``Construction, minor projects'', and ``Information technology 
systems'', up to $241,666,000, plus reimbursements, may be 
transferred to the Joint Department of Defense-Department of 
Veterans Affairs Medical Facility Demonstration Fund, 
established by section 1704 of the National Defense 
Authorization Act for Fiscal Year 2010 (Public Law 111-84; 123 
Stat. 3571) and may be used for operation of the facilities 
designated as combined Federal medical facilities as described 
by section 706 of the Duncan Hunter National Defense 
Authorization Act for Fiscal Year 2009 (Public Law 110-417; 122 
Stat. 4500):  Provided, That additional funds may be 
transferred from accounts designated in this section to the 
Joint Department of Defense-Department of Veterans Affairs 
Medical Facility Demonstration Fund upon written notification 
by the Secretary of Veterans Affairs to the Committees on 
Appropriations of both Houses of Congress.

                     (including transfer of funds)

    Sec. 225.  Such sums as may be deposited to the Medical 
Care Collections Fund pursuant to section 1729A of title 38, 
United States Code, for health care provided at facilities 
designated as combined Federal medical facilities as described 
by section 706 of the Duncan Hunter National Defense 
Authorization Act for Fiscal Year 2009 (Public Law 110-417; 122 
Stat. 4500) shall also be available: (1) for transfer to the 
Joint Department of Defense-Department of Veterans Affairs 
Medical Facility Demonstration Fund, established by section 
1704 of the National Defense Authorization Act for Fiscal Year 
2010 (Public Law 111-84; 123 Stat. 3571); and (2) for 
operations of the facilities designated as combined Federal 
medical facilities as described by section 706 of the Duncan 
Hunter National Defense Authorization Act for Fiscal Year 2009 
(Public Law 110-417; 122 Stat. 4500).

                     (including transfer of funds)

    Sec. 226.  Of the amounts available in this title for 
``Medical services'', ``Medical support and compliance'', and 
``Medical facilities'', a minimum of $15,000,000, shall be 
transferred to the DOD-VA Health Care Sharing Incentive Fund, 
as authorized by section 8111(d) of title 38, United States 
Code, to remain available until expended, for any purpose 
authorized by section 8111 of title 38, United States Code.

                    (including rescissions of funds)

    Sec. 227. (a) Of the funds appropriated in title X of 
division B of Public Law 112-10, the following amounts which 
became available on October 1, 2011, are hereby rescinded from 
the following accounts in the amounts specified:
            (1) ``Department of Veterans Affairs, Medical 
        services'', $1,400,000,000.
            (2) ``Department of Veterans Affairs, Medical 
        support and compliance'', $100,000,000.
            (3) ``Department of Veterans Affairs, Medical 
        facilities'', $250,000,000.
    (b) In addition to amounts provided elsewhere in this Act, 
an additional amount is appropriated to the following accounts 
in the amounts specified to remain available until September 
30, 2013:
            (1) ``Department of Veterans Affairs, Medical 
        services'', $1,400,000,000.
            (2) ``Department of Veterans Affairs, Medical 
        support and compliance'', $100,000,000.
            (3) ``Department of Veterans Affairs, Medical 
        facilities'', $250,000,000.
    Sec. 228.  The Secretary of the Department of Veterans 
Affairs shall notify the Committees on Appropriations of both 
Houses of Congress of all bid savings in major construction 
projects that total at least $5,000,000, or 5 percent of the 
programmed amount of the project, whichever is less:  Provided, 
That such notification shall occur within 14 days of a contract 
identifying the programmed amount:  Provided further, That the 
Secretary shall notify the committees 14 days prior to the 
obligation of such bid savings and shall describe the 
anticipated use of such savings.
    Sec. 229.  The scope of work for a project included in 
``Construction, major projects'' may not be increased above the 
scope specified for that project in the original justification 
data provided to the Congress as part of the request for 
appropriations.
    Sec. 230. (a) Exception With Respect to Confidential Nature 
of Claims.--Section 5701 of title 38, United States Code, is 
amended by adding at the end the following new subsection:
    ``(l) Under regulations the Secretary shall prescribe, the 
Secretary may disclose information about a veteran or the 
dependent of a veteran to a State controlled substance 
monitoring program, including a program approved by the 
Secretary of Health and Human Services under section 399O of 
the Public Health Service Act (42 U.S.C. 280g-3), to the extent 
necessary to prevent misuse and diversion of prescription 
medicines.''.
    (b) Exception With Respect to Confidentiality of Certain 
Medical Records.--Section 7332(b)(2) of title 38, United States 
Code, is amended by adding at the end the following new 
subparagraph:
                    ``(G) To a State controlled substance 
                monitoring program, including a program 
                approved by the Secretary of Health and Human 
                Services under section 399O of the Public 
                Health Service Act (42 U.S.C. 280g-3), to the 
                extent necessary to prevent misuse and 
                diversion of prescription medicines.''.
    Sec. 231.  The Secretary of Veterans Affairs shall provide 
on a quarterly basis to the Committees on Appropriations of 
both Houses of Congress notification of any single national 
outreach and awareness marketing campaign in which obligations 
exceed $2,000,000. The first report shall be submitted no later 
than April 15, 2012.
    Sec. 232.  None of the funds made available by this Act may 
be used to declare as excess to the needs of the Department of 
Veterans Affairs or otherwise take any action to exchange, 
trade, auction, transfer, or otherwise dispose of, or reduce 
the acreage of, Federal land and improvements at the St. Albans 
campus, consisting of approximately 55 acres of land, with 
borders near Linden Boulevard on the northwest, 115th Avenue on 
the west, the Long Island Railroad on the northeast, and 
Baisley Boulevard on the southeast.
    Sec. 233.  None of the funds made available in this Act may 
be used to enter into a contract using procedures that do not 
give to small business concerns owned and controlled by 
veterans (as that term is defined in section 3(q)(3) of the 
Small Business Act (15 U.S.C. 632(q)(3)) that are included in 
the database under section 8127(f) of title 38, United States 
Code, any preference available with respect to such contract, 
except for a preference given to small business concerns owned 
and controlled by service-disabled veterans (as defined in 
section 3(q)(2) of the Small Business Act (15 U.S.C. 
632(q)(2)).
    Sec. 234.  Section 315(b) of title 38, United States Code, 
is amended by striking ``December 31, 2011'' and inserting 
``December 31, 2012''.

                               TITLE III

                            RELATED AGENCIES

                  American Battle Monuments Commission

                         salaries and expenses

    For necessary expenses, not otherwise provided for, of the 
American Battle Monuments Commission, including the acquisition 
of land or interest in land in foreign countries; purchases and 
repair of uniforms for caretakers of national cemeteries and 
monuments outside of the United States and its territories and 
possessions; rent of office and garage space in foreign 
countries; purchase (one-for-one replacement basis only) and 
hire of passenger motor vehicles; not to exceed $7,500 for 
official reception and representation expenses; and insurance 
of official motor vehicles in foreign countries, when required 
by law of such countries, $61,100,000, to remain available 
until expended.

                 foreign currency fluctuations account

    For necessary expenses, not otherwise provided for, of the 
American Battle Monuments Commission, such sums as may be 
necessary, to remain available until expended, for purposes 
authorized by section 2109 of title 36, United States Code.

           United States Court of Appeals for Veterans Claims

                         salaries and expenses

    For necessary expenses for the operation of the United 
States Court of Appeals for Veterans Claims as authorized by 
sections 7251 through 7298 of title 38, United States Code, 
$30,770,000:  Provided, That $2,726,323 shall be available for 
the purpose of providing financial assistance as described, and 
in accordance with the process and reporting procedures set 
forth, under this heading in Public Law 102-229.

                      Department of Defense--Civil

                       Cemeterial Expenses, Army

                         salaries and expenses

    For necessary expenses, as authorized by law, for 
maintenance, operation, and improvement of Arlington National 
Cemetery and Soldiers' and Airmen's Home National Cemetery, 
including the purchase or lease of passenger motor vehicles for 
replacement on a one-for-one basis only, and not to exceed 
$1,000 for official reception and representation expenses, 
$45,800,000, to remain available until expended. In addition, 
such sums as may be necessary for parking maintenance, repairs 
and replacement, to be derived from the ``Lease of Department 
of Defense Real Property for Defense Agencies'' account.
    Funds appropriated under this Act may be provided to 
Arlington County, Virginia, for the relocation of the federally 
owned water main at Arlington National Cemetery making 
additional land available for ground burials.

                      Armed Forces Retirement Home

                               trust fund

    For expenses necessary for the Armed Forces Retirement Home 
to operate and maintain the Armed Forces Retirement Home--
Washington, District of Columbia, and the Armed Forces 
Retirement Home--Gulfport, Mississippi, to be paid from funds 
available in the Armed Forces Retirement Home Trust Fund, 
$67,700,000, of which $2,000,000 shall remain available until 
expended for construction and renovation of the physical plants 
at the Armed Forces Retirement Home--Washington, District of 
Columbia, and the Armed Forces Retirement Home--Gulfport, 
Mississippi.

           general fund payment, armed forces retirement home

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

                                TITLE IV

                    OVERSEAS CONTINGENCY OPERATIONS

                         DEPARTMENT OF DEFENSE

                      Military Construction, Army

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

              Military Construction, Navy and Marine Corps

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

                       Administrative Provisions

                    (including rescission of funds)

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

                                TITLE V

                           GENERAL PROVISIONS

    Sec. 501.  No part of any appropriation contained in this 
Act shall remain available for obligation beyond the current 
fiscal year unless expressly so provided herein.
    Sec. 502.  None of the funds made available in this Act may 
be used for any program, project, or activity, when it is made 
known to the Federal entity or official to which the funds are 
made available that the program, project, or activity is not in 
compliance with any Federal law relating to risk assessment, 
the protection of private property rights, or unfunded 
mandates.
    Sec. 503.  Such sums as may be necessary for fiscal year 
2012 for pay raises for programs funded by this Act shall be 
absorbed within the levels appropriated in this Act.
    Sec. 504.  No part of any funds appropriated in this Act 
shall be used by an agency of the executive branch, other than 
for normal and recognized executive-legislative relationships, 
for publicity or propaganda purposes, and for the preparation, 
distribution, or use of any kit, pamphlet, booklet, 
publication, radio, television, or film presentation designed 
to support or defeat legislation pending before Congress, 
except in presentation to Congress itself.
    Sec. 505.  All departments and agencies funded under this 
Act are encouraged, within the limits of the existing statutory 
authorities and funding, to expand their use of ``E-Commerce'' 
technologies and procedures in the conduct of their business 
practices and public service activities.
    Sec. 506.  Unless stated otherwise, all reports and 
notifications required by this Act shall be submitted to the 
Subcommittee on Military Construction and Veterans Affairs, and 
Related Agencies of the Committee on Appropriations of the 
House of Representatives and the Subcommittee on Military 
Construction and Veterans Affairs, and Related Agencies of the 
Committee on Appropriations of the Senate.
    Sec. 507.  None of the funds made available in this Act may 
be transferred to any department, agency, or instrumentality of 
the United States Government except pursuant to a transfer made 
by, or transfer authority provided in, this or any other 
appropriations Act.
    Sec. 508.  None of the funds made available in this Act may 
be used for a project or program named for an individual 
serving as a Member, Delegate, or Resident Commissioner of the 
United States House of Representatives.
    Sec. 509. (a) Any agency receiving funds made available in 
this Act, shall, subject to subsections (b) and (c), post on 
the public website of that agency any report required to be 
submitted by the Congress in this or any other Act, upon the 
determination by the head of the agency that it shall serve the 
national interest.
    (b) Subsection (a) shall not apply to a report if--
            (1) the public posting of the report compromises 
        national security; or
            (2) the report contains confidential or proprietary 
        information.
    (c) The head of the agency posting such report shall do so 
only after such report has been made available to the 
requesting Committee or Committees of Congress for no less than 
45 days.
    Sec. 510. (a) None of the funds made available in this Act 
may be used to maintain or establish a computer network unless 
such network blocks the viewing, downloading, and exchanging of 
pornography.
    (b) Nothing in subsection (a) shall limit the use of funds 
necessary for any Federal, State, tribal, or local law 
enforcement agency or any other entity carrying out criminal 
investigations, prosecution, or adjudication activities.
    Sec. 511. (a) In General.--None of the funds appropriated 
or otherwise made available to the Department of Defense in 
this Act may be used to construct, renovate, or expand any 
facility in the United States, its territories, or possessions 
to house any individual detained at United States Naval 
Station, Guantanamo Bay, Cuba, for the purposes of detention or 
imprisonment in the custody or under the control of the 
Department of Defense.
    (b) The prohibition in subsection (a) shall not apply to 
any modification of facilities at United States Naval Station, 
Guantanamo Bay, Cuba.
    (c) An individual described in this subsection is any 
individual who, as of June 24, 2009, is located at United 
States Naval Station, Guantanamo Bay, Cuba, and who--
            (1) is not a citizen of the United States or a 
        member of the Armed Forces of the United States; and
            (2) is--
                    (A) in the custody or under the effective 
                control of the Department of Defense; or
                    (B) otherwise under detention at United 
                States Naval Station, Guantanamo Bay, Cuba.
    Sec. 512.  None of the funds appropriated or otherwise made 
available in this Act may be used by an agency of the executive 
branch to pay for first-class travel by an employee of the 
agency in contravention of sections 301-10.122 through 301-
10.124 of title 41, Code of Federal Regulations.
    Sec. 513.  None of the funds provided in this Act may be 
used to execute a contract for goods or services, including 
construction services, where the contractor has not complied 
with Executive Order No. 12989.
    Sec. 514.  None of the funds made available by this Act may 
be used to enter into a contract, memorandum of understanding, 
or cooperative agreement with, or to make a grant to, any 
corporation that was convicted of a felony criminal violation 
under any Federal or State law within the preceding 24 months, 
where the awarding agency is aware of the conviction, unless 
the agency has considered suspension or debarment of the 
corporation and made a determination that this further action 
is not necessary to protect the interests of the Government.
     This division may be cited as the ``Military Construction 
and Veterans Affairs, and Related Agencies Appropriations Act, 
2012''.

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

                                TITLE I

                 DEPARTMENT OF STATE AND RELATED AGENCY

                          DEPARTMENT OF STATE

                   Administration of Foreign Affairs

                    diplomatic and consular programs

                     (including transfer of funds)

    For necessary expenses of the Department of State and the 
Foreign Service not otherwise provided for, $6,550,947,000, of 
which up to $1,355,000,000 is for Worldwide Security Protection 
(to remain available until expended):  Provided, That funds 
made available under this heading shall be allocated as 
follows:
            (1) Human resources.--For necessary expenses for 
        training, human resources management, and salaries, 
        including employment without regard to civil service 
        and classification laws of persons on a temporary basis 
        (not to exceed $700,000), as authorized by section 801 
        of the United States Information and Educational 
        Exchange Act of 1948, $2,277,862,000, to remain 
        available until September 30, 2013, of which not less 
        than $121,814,000 shall be available only for public 
        diplomacy American salaries, and up to $203,800,000 is 
        for Worldwide Security Protection and shall remain 
        available until expended.
            (2) Overseas programs.--For necessary expenses for 
        the regional bureaus of the Department of State and 
        overseas activities as authorized by law, 
        $2,109,293,000, to remain available until September 30, 
        2013, of which not less than $347,572,000 shall be 
        available only for public diplomacy international 
        information programs.
            (3) Diplomatic policy and support.--For necessary 
        expenses for the functional bureaus of the Department 
        of State including representation to certain 
        international organizations in which the United States 
        participates pursuant to treaties ratified pursuant to 
        the advice and consent of the Senate or specific Acts 
        of Congress, general administration, and arms control, 
        nonproliferation and disarmament activities as 
        authorized, $822,513,000, to remain available until 
        September 30, 2013.
            (4) Security programs.--For necessary expenses for 
        security activities, $1,341,279,000, to remain 
        available until September 30, 2013, of which up to 
        $1,151,200,000 is for Worldwide Security Protection and 
        shall remain available until expended.
            (5) Fees and payments collected.--In addition to 
        amounts otherwise made available under this heading--
                    (A) not to exceed $1,753,991 shall be 
                derived from fees collected from other 
                executive agencies for lease or use of 
                facilities located at the International Center 
                in accordance with section 4 of the 
                International Center Act, and, in addition, as 
                authorized by section 5 of such Act, $520,150, 
                to be derived from the reserve authorized by 
                that section, to be used for the purposes set 
                out in that section;
                    (B) as authorized by section 810 of the 
                United States Information and Educational 
                Exchange Act, not to exceed $5,000,000, to 
                remain available until expended, may be 
                credited to this appropriation from fees or 
                other payments received from English teaching, 
                library, motion pictures, and publication 
                programs and from fees from educational 
                advising and counseling and exchange visitor 
                programs; and
                    (C) not to exceed $15,000, which shall be 
                derived from reimbursements, surcharges and 
                fees for use of Blair House facilities.
            (6) Transfer, reprogramming, and other matters.--
                    (A) Notwithstanding any provision of this 
                Act, funds may be reprogrammed within and 
                between subsections under this heading subject 
                to section 7015 of this Act;
                    (B) Of the amount made available under this 
                heading, not to exceed $10,000,000 may be 
                transferred to, and merged with, funds made 
                available by this Act under the heading 
                ``Emergencies in the Diplomatic and Consular 
                Service'', to be available only for emergency 
                evacuations and rewards, as authorized; and
                    (C) Funds appropriated under this heading 
                are available for acquisition by exchange or 
                purchase of passenger motor vehicles as 
                authorized by law and, pursuant to 31 U.S.C. 
                1108(g), for the field examination of programs 
                and activities in the United States funded from 
                any account contained in this title.
                    (D) Of the amount made available under this 
                heading, up to $6,000,000 may be transferred 
                to, and merged with, funds made available by 
                this Act under the heading ``Department of 
                State, Administration of Foreign Affairs, 
                Capital Investment Fund'':  Provided, That the 
                transfer authority of this subparagraph is in 
                addition to any other transfer authority 
                available to the Secretary of State.
                    (E)(i) The headings ``Civilian 
                Stabilization Initiative'' in titles I and II 
                of prior acts making appropriations for the 
                Department of State, foreign operations, and 
                related programs shall be renamed ``Conflict 
                Stabilization Operations''.
                    (ii) Of the funds appropriated under this 
                heading, up to $35,000,000, to remain available 
                until expended, may be transferred to, and 
                merged with, funds previously made available 
                under the heading ``Conflict Stabilization 
                Operations'' in title I of prior acts making 
                appropriations for the Department of State, 
                foreign operations and related programs, as 
                amended by subparagraph (i).
                    (F) None of the funds appropriated under 
                this heading may be used for the preservation 
                of religious sites unless the Secretary of 
                State determines and reports to the Committees 
                on Appropriations that such sites are 
                historically, artistically, or culturally 
                significant, that the purpose of the project is 
                neither to advance nor to inhibit the free 
                exercise of religion, and that the project is 
                in the national interest of the United States.

                        capital investment fund

    For necessary expenses of the Capital Investment Fund, 
$59,380,000, to remain available until expended, as authorized: 
 Provided, That section 135(e) of Public Law 103-236 shall not 
apply to funds available under this heading.

                      office of inspector general

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

               educational and cultural exchange programs

    For expenses of educational and cultural exchange programs, 
as authorized, $583,200,000, to remain available until 
expended:  Provided, That not to exceed $5,000,000, to remain 
available until expended, may be credited to this appropriation 
from fees or other payments received from or in connection with 
English teaching, educational advising and counseling programs, 
and exchange visitor programs as authorized.

                       representation allowances

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

              protection of foreign missions and officials

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

            embassy security, construction, and maintenance

    For necessary expenses for carrying out the Foreign Service 
Buildings Act of 1926 (22 U.S.C. 292-303), preserving, 
maintaining, repairing, and planning for buildings that are 
owned or directly leased by the Department of State, 
renovating, in addition to funds otherwise available, the Harry 
S Truman Building, and carrying out the Diplomatic Security 
Construction Program as authorized, $762,000,000, to remain 
available until expended as authorized, of which not to exceed 
$25,000 may be used for domestic and overseas representation as 
authorized:  Provided, That none of the funds appropriated in 
this paragraph shall be available for acquisition of furniture, 
furnishings, or generators for other departments and agencies.
    In addition, for the costs of worldwide security upgrades, 
acquisition, and construction as authorized, $775,000,000, to 
remain available until expended:  Provided, That not later than 
45 days after enactment of this Act, the Secretary of State 
shall submit to the Committees on Appropriations the proposed 
allocation of funds made available under this heading and the 
actual and anticipated proceeds of sales for all projects in 
fiscal year 2012.

           emergencies in the diplomatic and consular service

                     (including transfer of funds)

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

                   repatriation loans program account

                     (including transfer of funds)

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

              payment to the american institute in taiwan

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

     payment to the foreign service retirement and disability fund

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

                      International Organizations

              contributions to international organizations

    For necessary expenses, not otherwise provided for, to meet 
annual obligations of membership in international multilateral 
organizations, pursuant to treaties ratified pursuant to the 
advice and consent of the Senate, conventions or specific Acts 
of Congress, $1,449,700,000:  Provided, That the Secretary of 
State shall, at the time of the submission of the President's 
budget to Congress under section 1105(a) of title 31, United 
States Code, transmit to the Committees on Appropriations the 
most recent biennial budget prepared by the United Nations for 
the operations of the United Nations:  Provided further, That 
the Secretary of State shall notify the Committees on 
Appropriations at least 15 days in advance (or in an emergency, 
as far in advance as is practicable) of any United Nations 
action to increase funding for any United Nations program 
without identifying an offsetting decrease elsewhere in the 
United Nations budget:  Provided further, That the Secretary of 
State shall report to the Committees on Appropriations not 
later than May 1, 2012, on any credits available to the United 
States from the United Nations Tax Equalization Fund (TEF) and 
provide updated fiscal year 2013 assessment costs including 
offsets from available TEF credits and updated foreign currency 
exchange rates:  Provided further, That any such credits shall 
only be available for United States assessed contributions to 
the United Nations and shall be subject to the regular 
notification procedures of the Committees on Appropriations:  
Provided further, That any payment of arrearages under this 
heading shall be directed toward activities that are mutually 
agreed upon by the United States and the respective 
international organization:  Provided further, That none of the 
funds appropriated under this heading shall be available for a 
United States contribution to an international organization for 
the United States share of interest costs made known to the 
United States Government by such organization for loans 
incurred on or after October 1, 1984, through external 
borrowings.

        contributions for international peacekeeping activities

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

                       International Commissions

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

 international boundary and water commission, united states and mexico

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

                         salaries and expenses

    For salaries and expenses, not otherwise provided for, 
$44,722,000.

                              construction

    For detailed plan preparation and construction of 
authorized projects, $31,453,000, to remain available until 
expended, as authorized.

              american sections, international commissions

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

                  international fisheries commissions

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

                             RELATED AGENCY

                    Broadcasting Board of Governors

                 international broadcasting operations

    For necessary expenses to enable the Broadcasting Board of 
Governors (BBG), as authorized, to carry out international 
communication activities, and to make and supervise grants for 
radio and television broadcasting to the Middle East, 
$740,100,000:  Provided, That funds appropriated under this 
heading shall be made available to expand unrestricted access 
to information on the Internet through the development and use 
of circumvention and secure communication technologies:  
Provided further, That the circumvention technologies and 
programs supported by such funds shall undergo a review, to 
include an assessment of protections against such technologies 
being used for illicit purposes:  Provided further, That the 
BBG shall coordinate the development and use of such 
technologies with the Secretary of State, as appropriate:  
Provided further, That of the total amount appropriated under 
this heading, not to exceed $16,000 may be used for official 
receptions within the United States as authorized, not to 
exceed $35,000 may be used for representation abroad as 
authorized, and not to exceed $39,000 may be used for official 
reception and representation expenses of Radio Free Europe/
Radio Liberty:  Provided further, That the authority provided 
by section 504(c) of the Foreign Relations Authorization Act, 
Fiscal Year 2003 (Public Law 107-228; 22 U.S.C. 6206 note) 
shall remain in effect through September 30, 2012:  Provided 
further, That the BBG shall notify the Committees on 
Appropriations within 15 days of any determination by the Board 
that any of its broadcast entities, including its grantee 
organizations, provides an open platform for international 
terrorists or those who support international terrorism, or is 
in violation of the principles and standards set forth in the 
United States International Broadcasting Act of 1994 (22 U.S.C. 
6202(a) and (b)) or the entity's journalistic code of ethics:  
Provided further, That significant modifications to BBG 
broadcast hours previously justified to Congress, including 
changes to transmission platforms (shortwave, medium wave, 
satellite, Internet, and television), for all BBG language 
services shall be subject to the regular notification 
procedures of the Committees on Appropriations:  Provided 
further, That in addition to funds made available under this 
heading, and notwithstanding any other provision of law, up to 
$2,000,000 in receipts from advertising and revenue from 
business ventures, up to $500,000 in receipts from cooperating 
international organizations, and up to $1,000,000 in receipts 
from privatization efforts of the Voice of America and the 
International Broadcasting Bureau, to remain available until 
expended for carrying out authorized purposes.

                   broadcasting capital improvements

    For the purchase, rent, construction, and improvement of 
facilities for radio and television transmission and reception, 
and purchase and installation of necessary equipment for radio 
and television transmission and reception, including to Cuba, 
as authorized, $7,030,000, to remain available until expended, 
as authorized.

                            RELATED PROGRAMS

                          The Asia Foundation

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

                    United States Institute of Peace

    For necessary expenses of the United States Institute of 
Peace, as authorized by the United States Institute of Peace 
Act, $30,589,000, to remain available until September 30, 2013, 
which shall not be used for construction activities.

         Center for Middle Eastern-Western Dialogue Trust Fund

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

                 Eisenhower Exchange Fellowship Program

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

                    Israeli Arab Scholarship Program

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

                            East-West Center

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

                    National Endowment for Democracy

    For grants made by the Department of State to the National 
Endowment for Democracy, as authorized by the National 
Endowment for Democracy Act, $117,764,000, to remain available 
until expended, of which $100,000,000 shall be allocated in the 
traditional and customary manner, including for the core 
institutes, and $17,764,000 shall be for democracy, human 
rights, and rule of law programs:  Provided, That the President 
of the National Endowment for Democracy shall submit to the 
Committees on Appropriations not later than 45 days after the 
date of enactment of this Act a report on the proposed uses of 
funds under this heading on a regional and country basis.

                           OTHER COMMISSIONS

      Commission for the Preservation of America's Heritage Abroad

                         salaries and expenses

    For necessary expenses for the Commission for the 
Preservation of America's Heritage Abroad, $634,000, as 
authorized by section 1303 of Public Law 99-83.

      United States Commission on International Religious Freedom

                         salaries and expenses

    For necessary expenses for the United States Commission on 
International Religious Freedom, as authorized by title II of 
the International Religious Freedom Act of 1998 (Public Law 
105-292), $3,000,000, to remain available until September 30, 
2013:  Provided, That section 209 of the International 
Religious Freedom Act of 1998 (22 U.S.C. 6436) shall be applied 
by substituting ``September 30, 2012'' for ``September 30, 
2011'':  Provided further, That notwithstanding the expenditure 
limitation specified in section 208(c)(1) of such Act (22 
U.S.C. 6435a(c)(1)), the Commission may expend up to $250,000 
of the funds made available under this heading to procure 
temporary and intermittent services under the authority of 
section 3109(b) of title 5, United States Code:  Provided 
further, That travel by members and staff of the Commission 
shall be arranged and conducted under the rules and procedures 
applying to travel by members and staff of the House of 
Representatives:  Provided further, That for the purposes of 
employment rights, any employee of the Commission shall be 
considered to be a congressional employee as defined in section 
2107 of title 5, United States Code and the Commission shall be 
treated as a congressional employing office.

            Commission on Security and Cooperation in Europe

                         salaries and expenses

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

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

                         salaries and expenses

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

      United States-China Economic and Security Review Commission

                         salaries and expenses

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

                                TITLE II

           UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT

                  Funds Appropriated to the President

                           operating expenses

                     (including transfer of funds)

    For necessary expenses to carry out the provisions of 
section 667 of the Foreign Assistance Act of 1961, 
$1,092,300,000, to remain available until September 30, 2013, 
of which not less than $25,000,000 should be for costs 
associated with procurement reform:  Provided, That none of the 
funds appropriated under this heading and under the heading 
``Capital Investment Fund'' in this title may be made available 
to finance the construction (including architect and 
engineering services), purchase, or long-term lease of offices 
for use by the United States Agency for International 
Development (USAID), unless the USAID Administrator has 
identified such proposed use of funds in a report submitted to 
the Committees on Appropriations at least 15 days prior to the 
obligation of funds for such purposes:  Provided further, That 
contracts or agreements entered into with funds appropriated 
under this heading during fiscal year 2013 may entail 
commitments for the expenditure of such funds through the 
following fiscal year:  Provided further, That any decision to 
open a new or reorganized USAID mission, bureau, center, or 
office or, except where there is a substantial security risk to 
mission personnel, to close or significantly reduce the number 
of personnel of any such mission or office, shall be subject to 
the regular notification procedures of the Committees on 
Appropriations:  Provided further, That the authority of 
sections 610 and 109 of the Foreign Assistance Act of 1961 may 
be exercised by the Secretary of State to transfer funds 
appropriated to carry out chapter 1 of part I of such Act to 
``Operating Expenses'' in accordance with the provisions of 
those sections:  Provided further, That any reprogramming of 
funds in excess of $1,000,000 or 10 percent, whichever is less, 
to the cost categories in the table included under this heading 
in the joint explanatory statement accompanying this Act for 
funds appropriated under this heading, shall be subject to the 
regular notification procedures of the Committees on 
Appropriations:  Provided further, That of the funds 
appropriated or made available under this heading, not to 
exceed $250,000 may be available for representation and 
entertainment allowances, of which not to exceed $5,000 may be 
available for entertainment allowances, for USAID during the 
current fiscal year:  Provided further, That no such 
entertainment funds may be used for the purposes listed in 
section 7020 of this Act:  Provided further, That appropriate 
steps shall be taken to assure that, to the maximum extent 
possible, United States-owned foreign currencies are utilized 
in lieu of dollars.

                        capital investment fund

    For necessary expenses for overseas construction and 
related costs, and for the procurement and enhancement of 
information technology and related capital investments, 
pursuant to section 667 of the Foreign Assistance Act of 1961, 
$129,700,000, to remain available until expended:  Provided, 
That this amount is in addition to funds otherwise available 
for such purposes:  Provided further, That funds appropriated 
under this heading shall be available for obligation only 
pursuant to the regular notification procedures of the 
Committees on Appropriations.

                      office of inspector general

    For necessary expenses to carry out the provisions of 
section 667 of the Foreign Assistance Act of 1961, $46,500,000, 
to remain available until September 30, 2013, which sum shall 
be available for the Office of Inspector General of the United 
States Agency for International Development.

                               TITLE III

                     BILATERAL ECONOMIC ASSISTANCE

                  Funds Appropriated to the President

    For necessary expenses to enable the President to carry out 
the provisions of the Foreign Assistance Act of 1961, and for 
other purposes, as follows:

                         global health programs

                     (including transfer of funds)

    For necessary expenses to carry out the provisions of 
chapters 1 and 10 of part I of the Foreign Assistance Act of 
1961, for global health activities, in addition to funds 
otherwise available for such purposes, $2,625,000,000, to 
remain available until September 30, 2013, and which shall be 
apportioned directly to the United States Agency for 
International Development (USAID):  Provided, That this amount 
shall be made available for training, equipment, and technical 
assistance to build the capacity of public health institutions 
and organizations in developing countries, and for such 
activities as: (1) child survival and maternal health programs; 
(2) immunization and oral rehydration programs; (3) other 
health, nutrition, water and sanitation programs which directly 
address the needs of mothers and children, and related 
education programs; (4) assistance for children displaced or 
orphaned by causes other than AIDS; (5) programs for the 
prevention, treatment, control of, and research on HIV/AIDS, 
tuberculosis, polio, malaria, and other infectious diseases 
including neglected tropical diseases, and for assistance to 
communities severely affected by HIV/AIDS, including children 
infected or affected by AIDS; and (6) family planning/
reproductive health:  Provided further, That funds appropriated 
under this paragraph may be made available for a United States 
contribution to the GAVI Alliance:  Provided further, That none 
of the funds made available in this Act nor any unobligated 
balances from prior appropriations Acts may be made available 
to any organization or program which, as determined by the 
President of the United States, supports or participates in the 
management of a program of coercive abortion or involuntary 
sterilization:  Provided further, That any determination made 
under the previous proviso must be made no later than 6 months 
after the date of enactment of this Act, and must be 
accompanied by the evidence and criteria utilized to make the 
determination:  Provided further, That none of the funds made 
available under this Act may be used to pay for the performance 
of abortion as a method of family planning or to motivate or 
coerce any person to practice abortions:  Provided further, 
That nothing in this paragraph shall be construed to alter any 
existing statutory prohibitions against abortion under section 
104 of the Foreign Assistance Act of 1961:  Provided further, 
That none of the funds made available under this Act may be 
used to lobby for or against abortion:  Provided further, That 
in order to reduce reliance on abortion in developing nations, 
funds shall be available only to voluntary family planning 
projects which offer, either directly or through referral to, 
or information about access to, a broad range of family 
planning methods and services, and that any such voluntary 
family planning project shall meet the following requirements: 
(1) service providers or referral agents in the project shall 
not implement or be subject to quotas, or other numerical 
targets, of total number of births, number of family planning 
acceptors, or acceptors of a particular method of family 
planning (this provision shall not be construed to include the 
use of quantitative estimates or indicators for budgeting and 
planning purposes); (2) the project shall not include payment 
of incentives, bribes, gratuities, or financial reward to: (A) 
an individual in exchange for becoming a family planning 
acceptor; or (B) program personnel for achieving a numerical 
target or quota of total number of births, number of family 
planning acceptors, or acceptors of a particular method of 
family planning; (3) the project shall not deny any right or 
benefit, including the right of access to participate in any 
program of general welfare or the right of access to health 
care, as a consequence of any individual's decision not to 
accept family planning services; (4) the project shall provide 
family planning acceptors comprehensible information on the 
health benefits and risks of the method chosen, including those 
conditions that might render the use of the method inadvisable 
and those adverse side effects known to be consequent to the 
use of the method; and (5) the project shall ensure that 
experimental contraceptive drugs and devices and medical 
procedures are provided only in the context of a scientific 
study in which participants are advised of potential risks and 
benefits; and, not less than 60 days after the date on which 
the USAID Administrator determines that there has been a 
violation of the requirements contained in paragraph (1), (2), 
(3), or (5) of this proviso, or a pattern or practice of 
violations of the requirements contained in paragraph (4) of 
this proviso, the Administrator shall submit to the Committees 
on Appropriations a report containing a description of such 
violation and the corrective action taken by the Agency:  
Provided further, That in awarding grants for natural family 
planning under section 104 of the Foreign Assistance Act of 
1961 no applicant shall be discriminated against because of 
such applicant's religious or conscientious commitment to offer 
only natural family planning; and, additionally, all such 
applicants shall comply with the requirements of the previous 
proviso:  Provided further, That for purposes of this or any 
other Act authorizing or appropriating funds for the Department 
of State, foreign operations, and related programs, the term 
``motivate'', as it relates to family planning assistance, 
shall not be construed to prohibit the provision, consistent 
with local law, of information or counseling about all 
pregnancy options:  Provided further, That information provided 
about the use of condoms as part of projects or activities that 
are funded from amounts appropriated by this Act shall be 
medically accurate and shall include the public health benefits 
and failure rates of such use.
    In addition, for necessary expenses to carry out the 
provisions of the Foreign Assistance Act of 1961 for the 
prevention, treatment, and control of, and research on, HIV/
AIDS, $5,542,860,000, to remain available until September 30, 
2016, which shall be apportioned directly to the Department of 
State:  Provided, That funds appropriated under this paragraph 
may be made available, notwithstanding any other provision of 
law, except for the United States Leadership Against HIV/AIDS, 
Tuberculosis and Malaria Act of 2003 (Public Law 108-25), as 
amended, for a United States contribution to the Global Fund to 
Fight AIDS, Tuberculosis and Malaria (Global Fund), and shall 
be expended at the minimum rate necessary to make timely 
payment for projects and activities:  Provided further, That 
the amount of such contribution should be $1,050,000,000: 
Provided further, That up to 5 percent of the aggregate amount 
of funds made available to the Global Fund in fiscal year 2012 
may be made available to USAID for technical assistance related 
to the activities of the Global Fund:  Provided further, That 
of the funds appropriated under this paragraph, up to 
$14,250,000 may be made available, in addition to amounts 
otherwise available for such purposes, for administrative 
expenses of the Office of the United States Global AIDS 
Coordinator.

                         development assistance

    For necessary expenses to carry out the provisions of 
sections 103, 105, 106, 214, and sections 251 through 255, and 
chapter 10 of part I of the Foreign Assistance Act of 1961, 
$2,519,950,000, to remain available until September 30, 2013:  
Provided, That relevant bureaus and offices of the United 
States Agency for International Development (USAID) that 
support cross-cutting development programs shall coordinate 
such programs on a regular basis:  Provided further, That of 
the funds appropriated under this heading, not less than 
$23,000,000 shall be made available for the American Schools 
and Hospitals Abroad program, and not less than $10,000,000 
shall be made available for USAID cooperative development 
programs within the Office of Private and Voluntary 
Cooperation.

                   international disaster assistance

    For necessary expenses to carry out the provisions of 
section 491 of the Foreign Assistance Act of 1961 for 
international disaster relief, rehabilitation, and 
reconstruction assistance, $825,000,000, to remain available 
until expended.

                         transition initiatives

    For necessary expenses for international disaster 
rehabilitation and reconstruction assistance pursuant to 
section 491 of the Foreign Assistance Act of 1961, $50,141,000, 
to remain available until expended, to support transition to 
democracy and to long-term development of countries in crisis:  
Provided, That such support may include assistance to develop, 
strengthen, or preserve democratic institutions and processes, 
revitalize basic infrastructure, and foster the peaceful 
resolution of conflict:  Provided further, That the United 
States Agency for International Development shall submit a 
report to the Committees on Appropriations at least 5 days 
prior to beginning a new program of assistance:  Provided 
further, That if the Secretary of State determines that it is 
important to the national interests of the United States to 
provide transition assistance in excess of the amount 
appropriated under this heading, up to $15,000,000 of the funds 
appropriated by this Act to carry out the provisions of part I 
of the Foreign Assistance Act of 1961 may be used for purposes 
of this heading and under the authorities applicable to funds 
appropriated under this heading:  Provided further, That funds 
made available pursuant to the previous proviso shall be made 
available subject to prior consultation with the Committees on 
Appropriations.

                          complex crises fund

    For necessary expenses to carry out the provisions of the 
Foreign Assistance Act of 1961 to enable the Administrator of 
the United States Agency for International Development (USAID), 
in consultation with the Secretary of State, to support 
programs and activities to prevent or respond to emerging or 
unforeseen complex crises overseas, $10,000,000, to remain 
available until expended:  Provided, That funds appropriated 
under this heading may be made available on such terms and 
conditions as the USAID Administrator may determine, in 
consultation with the Committees on Appropriations, for the 
purposes of preventing or responding to such crises, except 
that no funds shall be made available to respond to natural 
disasters:  Provided further, That funds appropriated under 
this heading may be made available notwithstanding any other 
provision of law, except sections 7007, 7008, and 7018 of this 
Act and section 620M of the Foreign Assistance Act of 1961, as 
amended by this Act:  Provided further, That funds appropriated 
under this heading shall be subject to the regular notification 
procedures of the Committees on Appropriations, except that 
such notifications shall be transmitted at least 5 days in 
advance of the obligation of funds.

                      development credit authority

                     (including transfer of funds)

    For the cost of direct loans and loan guarantees provided 
by the United States Agency for International Development, as 
authorized by sections 256 and 635 of the Foreign Assistance 
Act of 1961, up to $40,000,000 may be derived by transfer from 
funds appropriated by this Act to carry out part I of such Act 
and under the heading ``Assistance for Europe, Eurasia and 
Central Asia'':  Provided, That funds provided under this 
paragraph and funds provided as a gift pursuant to section 
635(d) of the Foreign Assistance Act of 1961 shall be made 
available only for micro and small enterprise programs, urban 
programs, and other programs which further the purposes of part 
I of such Act:  Provided further, That such costs, including 
the cost of modifying such direct and guaranteed loans, shall 
be as defined in section 502 of the Congressional Budget Act of 
1974, as amended:  Provided further, That funds made available 
by this paragraph may be used for the cost of modifying any 
such guaranteed loans under this Act or prior Acts, and funds 
used for such costs shall be subject to the regular 
notification procedures of the Committees on Appropriations:  
Provided further, That the provisions of section 107A(d) 
(relating to general provisions applicable to the Development 
Credit Authority) of the Foreign Assistance Act of 1961, as 
contained in section 306 of H.R. 1486 as reported by the House 
Committee on International Relations on May 9, 1997, shall be 
applicable to direct loans and loan guarantees provided under 
this heading, except that the principal amount of loans made or 
guaranteed under this heading with respect to any single 
country shall not exceed $300,000,000:  Provided further, That 
these funds are available to subsidize total loan principal, 
any portion of which is to be guaranteed, of up to 
$750,000,000.
    In addition, for administrative expenses to carry out 
credit programs administered by the United States Agency for 
International Development, $8,300,000, which may be transferred 
to, and merged with, funds made available under the heading 
``Operating Expenses'' in title II of this Act:  Provided, That 
funds made available under this heading shall remain available 
until September 30, 2014.

                         economic support fund

                     (including transfer of funds)

    For necessary expenses to carry out the provisions of 
chapter 4 of part II of the Foreign Assistance Act of 1961, 
$3,001,745,000, to remain available until September 30, 2013:  
Provided, That of the funds appropriated under this heading, 
$250,000,000 shall be available for assistance for Egypt, 
including not less than $35,000,000 for education programs of 
which not less than $10,000,000 is for scholarships at not-for-
profit institutions for Egyptian students with high financial 
need, and to implement section 7041(a)(3) and (b) of this Act:  
Provided further, That funds appropriated under this heading 
that are made available for assistance for Cyprus shall be used 
only for scholarships, administrative support of the 
scholarship program, bicommunal projects, and measures aimed at 
reunification of the island and designed to reduce tensions and 
promote peace and cooperation between the two communities on 
Cyprus:  Provided further, That $12,000,000 of the funds made 
available for assistance for Lebanon under this heading shall 
be for scholarships at not-for-profit institutions for students 
in Lebanon with high financial need:  Provided further, That of 
the funds appropriated under this heading, not less than 
$360,000,000 shall be available for assistance for Jordan:  
Provided further, That up to $30,000,000 of the funds 
appropriated for fiscal year 2011 under this heading in Public 
Law 112-10, division B, may be made available for the costs, as 
defined in section 502 of the Congressional Budget Act of 1974, 
of loan guarantees for Tunisia, which are authorized to be 
provided:  Provided further, That amounts that are made 
available under the previous proviso for the cost of guarantees 
shall not be considered ``assistance'' for the purposes of 
provisions of law limiting assistance to a country:  Provided 
further, That of the funds appropriated under this heading, not 
less than $179,000,000 shall be apportioned directly to the 
United States Agency for International Development for 
alternative development/institution building programs in 
Colombia:  Provided further, That of the funds appropriated 
under this heading that are available for assistance for 
Colombia, not less than $7,000,000 shall be transferred to, and 
merged with, funds appropriated under the heading ``Migration 
and Refugee Assistance'' and shall be made available only for 
assistance to nongovernmental and international organizations 
that provide assistance to Colombian refugees in neighboring 
countries:  Provided further, That in consultation with the 
Secretary of the Treasury, the Secretary of State may transfer 
up to $200,000,000 of the funds made available under this 
heading to funds appropriated in this Act under the headings 
``Multilateral Assistance, Funds Appropriated to the President, 
International Financial Institutions'' for additional payments 
to such institutions, facilities, and funds enumerated under 
such headings:  Provided further, That prior to exercising the 
transfer authority under the previous proviso the Secretary of 
State shall consult with the Committees on Appropriations.

                             democracy fund

    For necessary expenses to carry out the provisions of the 
Foreign Assistance Act of 1961 for the promotion of democracy 
globally, $114,770,000, to remain available until September 30, 
2013, of which $68,000,000 shall be made available for the 
Human Rights and Democracy Fund of the Bureau of Democracy, 
Human Rights and Labor, Department of State, and $46,770,000 
shall be made available for the Office of Democracy and 
Governance of the Bureau for Democracy, Conflict, and 
Humanitarian Assistance, United States Agency for International 
Development.

            assistance for europe, eurasia and central asia

    For necessary expenses to carry out the provisions of the 
Foreign Assistance Act of 1961, the FREEDOM Support Act, and 
the Support for East European Democracy (SEED) Act of 1989, 
$626,718,000, to remain available until September 30, 2013, 
which shall be available, notwithstanding any other provision 
of law, for assistance and for related programs for countries 
identified in section 3 of the FREEDOM Support Act and section 
3(c) of the SEED Act:  Provided, That funds appropriated under 
this heading shall be considered to be economic assistance 
under the Foreign Assistance Act of 1961 for purposes of making 
available the administrative authorities contained in that Act 
for the use of economic assistance:  Provided further, That 
funds made available for the Southern Caucasus region may be 
used for confidence-building measures and other activities in 
furtherance of the peaceful resolution of conflicts, including 
in Nagorno-Karabakh.

                          Department of State

                    migration and refugee assistance

    For necessary expenses not otherwise provided for, to 
enable the Secretary of State to carry out the provisions of 
section 2(a) and (b) of the Migration and Refugee Assistance 
Act of 1962, and other activities to meet refugee and migration 
needs; salaries and expenses of personnel and dependents as 
authorized by the Foreign Service Act of 1980; allowances as 
authorized by sections 5921 through 5925 of title 5, United 
States Code; purchase and hire of passenger motor vehicles; and 
services as authorized by section 3109 of title 5, United 
States Code, $1,639,100,000, to remain available until 
expended, of which $20,000,000 shall be made available for 
refugees resettling in Israel, and not less than $35,000,000 
shall be made available to respond to small-scale emergency 
humanitarian requirements.

     united states emergency refugee and migration assistance fund

    For necessary expenses to carry out the provisions of 
section 2(c) of the Migration and Refugee Assistance Act of 
1962, as amended (22 U.S.C. 2601(c)), $27,200,000, to remain 
available until expended.

                          Independent Agencies

                              peace corps

                     (including transfer of funds)

    For necessary expenses to carry out the provisions of the 
Peace Corps Act (22 U.S.C. 2501-2523), including the purchase 
of not to exceed five passenger motor vehicles for 
administrative purposes for use outside of the United States, 
$375,000,000, of which $5,150,000 is for the Office of 
Inspector General, to remain available until September 30, 
2013:  Provided, That the Director of the Peace Corps may 
transfer to the Foreign Currency Fluctuations Account, as 
authorized by 22 U.S.C. 2515, an amount not to exceed 
$5,000,000:  Provided further, That funds transferred pursuant 
to the previous proviso may not be derived from amounts made 
available for Peace Corps overseas operations:  Provided 
further, That of the funds appropriated under this heading, not 
to exceed $4,000 may be made available for entertainment 
expenses:  Provided further, That any decision to open, close, 
significantly reduce, or suspend a domestic or overseas office 
or country program shall be subject to prior consultation with, 
and the regular notification procedures of, the Committees on 
Appropriations, except that prior consultation and regular 
notification procedures may be waived when there is a 
substantial security risk to volunteers or other Peace Corps 
personnel, pursuant to section 7015(e) of this Act:  Provided 
further, That none of the funds appropriated under this heading 
shall be used to pay for abortions.

                    millennium challenge corporation

    For necessary expenses to carry out the provisions of the 
Millennium Challenge Act of 2003, $898,200,000 to remain 
available until expended:  Provided, That of the funds 
appropriated under this heading, up to $105,000,000 may be 
available for administrative expenses of the Millennium 
Challenge Corporation (the Corporation):  Provided further, 
That up to 5 percent of the funds appropriated under this 
heading may be made available to carry out the purposes of 
section 616 of the Millennium Challenge Act of 2003 for fiscal 
year 2012:  Provided further, That section 605(e) of the 
Millennium Challenge Act of 2003 shall apply to funds 
appropriated under this heading:  Provided further, That funds 
appropriated under this heading may be made available for a 
Millennium Challenge Compact entered into pursuant to section 
609 of the Millennium Challenge Act of 2003 only if such 
Compact obligates, or contains a commitment to obligate subject 
to the availability of funds and the mutual agreement of the 
parties to the Compact to proceed, the entire amount of the 
United States Government funding anticipated for the duration 
of the Compact:  Provided further, That the Chief Executive 
Officer of the Corporation shall notify the Committees on 
Appropriations not later than 15 days prior to signing any new 
country compact or new threshold country program; terminating 
or suspending any country compact or threshold country program; 
or commencing negotiations for any new compact or threshold 
country program:  Provided further, That any funds that are 
deobligated from a Millennium Challenge Compact shall be 
subject to the regular notification procedures of the 
Committees on Appropriations prior to re-obligation:  Provided 
further, That notwithstanding section 606(a)(2) of the 
Millennium Challenge Act of 2003, a country shall be a 
candidate country for purposes of eligibility for assistance 
for the fiscal year if the country has a per capita income 
equal to or below the World Bank's lower middle income country 
threshold for the fiscal year and is among the 75 lowest per 
capita income countries as identified by the World Bank; and 
the country meets the requirements of section 606(a)(1)(B) of 
the Millennium Challenge Act of 2003:  Provided further, That 
notwithstanding section 606(b)(1) of the Millennium Challenge 
Act of 2003, in addition to countries described in the 
preceding proviso, a country shall be a candidate country for 
purposes of eligibility for assistance for the fiscal year if 
the country has a per capita income equal to or below the World 
Bank's lower middle income country threshold for the fiscal 
year and is not among the 75 lowest per capita income countries 
as identified by the World Bank; and the country meets the 
requirements of section 606(a)(1)(B) of the Millennium 
Challenge Act of 2003:  Provided further, That any Millennium 
Challenge Corporation candidate country under section 606 of 
the Millennium Challenge Act of 2003 with a per capita income 
that changes in the fiscal year such that the country would be 
reclassified from a low income country to a lower middle income 
country or from a lower middle income country to a low income 
country shall retain its candidacy status in its former income 
classification for the fiscal year and the two subsequent 
fiscal years:  Provided further, That of the funds appropriated 
under this heading, not to exceed $100,000 may be available for 
representation and entertainment allowances, of which not to 
exceed $5,000 may be available for entertainment allowances.

                       inter-american foundation

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

                     african development foundation

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

                       Department of the Treasury

               international affairs technical assistance

    For necessary expenses to carry out the provisions of 
section 129 of the Foreign Assistance Act of 1961, $25,448,000, 
to remain available until September 30, 2014, which shall be 
available notwithstanding any other provision of law.

                           debt restructuring

    For the cost, as defined in section 502 of the 
Congressional Budget Act of 1974, of modifying loans and loan 
guarantees, as the President may determine, for which funds 
have been appropriated or otherwise made available for programs 
within the International Affairs Budget Function 150, including 
the cost of selling, reducing, or canceling amounts owed to the 
United States as a result of concessional loans made to 
eligible countries, pursuant to part V of the Foreign 
Assistance Act of 1961, $12,000,000, to remain available until 
September 30, 2013.

                                TITLE IV

                   INTERNATIONAL SECURITY ASSISTANCE

                          Department of State

          international narcotics control and law enforcement

    For necessary expenses to carry out section 481 of the 
Foreign Assistance Act of 1961, $1,061,100,000, to remain 
available until September 30, 2013:  Provided, That during 
fiscal year 2012, the Department of State may also use the 
authority of section 608 of the Foreign Assistance Act of 1961, 
without regard to its restrictions, to receive excess property 
from an agency of the United States Government for the purpose 
of providing it to a foreign country or international 
organization under chapter 8 of part I of that Act subject to 
the regular notification procedures of the Committees on 
Appropriations:  Provided further, That the Secretary of State 
shall provide to the Committees on Appropriations not later 
than 45 days after the date of enactment of this Act and prior 
to the initial obligation of funds appropriated under this 
heading, a report on the proposed uses of all funds under this 
heading on a country-by-country basis for each proposed 
program, project, or activity:  Provided further, That section 
482(b) of the Foreign Assistance Act of 1961 shall not apply to 
funds appropriated under this heading:  Provided further, That 
assistance provided with funds appropriated under this heading 
that is made available notwithstanding section 482(b) of the 
Foreign Assistance Act of 1961 shall be made available subject 
to the regular notification procedures of the Committees on 
Appropriations:  Provided further, That none of the funds 
appropriated under this heading shall be made available for 
assistance for the Bolivian military and police unless the 
Secretary of State determines and reports to the Committees on 
Appropriations that such funds are in the national security 
interest of the United States:  Provided further, That, 
notwithstanding any other provision of law, of the funds 
appropriated under this heading, $5,000,000 should be made 
available to combat piracy of United States copyrighted 
materials, consistent with the requirements of section 688(a) 
and (b) of the Department of State, Foreign Operations, and 
Related Programs Appropriations Act, 2008 (division J of Public 
Law 110-161):  Provided further, That the reporting 
requirements contained in section 1404 of Public Law 110-252 
shall apply to funds made available by this Act, including a 
description of modifications, if any, to the security strategy 
of the Palestinian Authority:  Provided further, That the 
provision of assistance which is comparable to assistance made 
available under this heading but which is provided under any 
other provision of law, shall be provided in accordance with 
the provisions of sections 481(b) and 622(c) of the Foreign 
Assistance Act of 1961.

    nonproliferation, anti-terrorism, demining and related programs

    For necessary expenses for nonproliferation, anti-
terrorism, demining and related programs and activities, 
$590,113,000, to carry out the provisions of chapter 8 of part 
II of the Foreign Assistance Act of 1961 for anti-terrorism 
assistance, chapter 9 of part II of the Foreign Assistance Act 
of 1961, section 504 of the FREEDOM Support Act, section 23 of 
the Arms Export Control Act or the Foreign Assistance Act of 
1961 for demining activities, the clearance of unexploded 
ordnance, the destruction of small arms, and related 
activities, notwithstanding any other provision of law, 
including activities implemented through nongovernmental and 
international organizations, and section 301 of the Foreign 
Assistance Act of 1961 for a voluntary contribution to the 
International Atomic Energy Agency (IAEA), and for a United 
States contribution to the Comprehensive Nuclear Test Ban 
Treaty Preparatory Commission:  Provided, That the clearance of 
unexploded ordnance should prioritize areas where such ordnance 
was caused by the United States:  Provided further, That of the 
funds made available under this heading, not to exceed 
$30,000,000, to remain available until expended, may be made 
available for the Nonproliferation and Disarmament Fund, 
notwithstanding any other provision of law and subject to prior 
consultation with, and the regular notification procedures of, 
the Committees on Appropriations, to promote bilateral and 
multilateral activities relating to nonproliferation, 
disarmament and weapons destruction:  Provided further, That 
such funds may also be used for such countries other than the 
Independent States of the former Soviet Union and international 
organizations when it is in the national security interest of 
the United States to do so:  Provided further, That funds 
appropriated under this heading may be made available for the 
IAEA unless the Secretary of State determines that Israel is 
being denied its right to participate in the activities of that 
Agency:  Provided further, That funds appropriated under this 
heading may be made available for public-private partnerships 
for conventional weapons and mine action by grant, cooperative 
agreement or contract:  Provided further, That funds made 
available for demining and related activities, in addition to 
funds otherwise available for such purposes, may be used for 
administrative expenses related to the operation and management 
of the demining program:  Provided further, That funds 
appropriated under this heading that are available for ``Anti-
terrorism Assistance'' and ``Export Control and Border 
Security'' shall remain available until September 30, 2013.

                        peacekeeping operations

    For necessary expenses to carry out the provisions of 
section 551 of the Foreign Assistance Act of 1961, 
$302,818,000:  Provided, That funds appropriated under this 
heading may be used, notwithstanding section 660 of such Act, 
to provide assistance to enhance the capacity of foreign 
civilian security forces, including gendarmes, to participate 
in peacekeeping operations:  Provided further, That of the 
funds appropriated under this heading, not less than 
$28,000,000 shall be made available for a United States 
contribution to the Multinational Force and Observers mission 
in the Sinai:  Provided further, That of the funds appropriated 
under this heading, up to $91,818,000 may be used to pay 
assessed expenses of international peacekeeping activities in 
Somalia and shall be available until September 30, 2013:  
Provided further, That funds appropriated under this Act should 
not be used to support any military training or operations that 
include child soldiers:  Provided further, That none of the 
funds appropriated under this heading shall be obligated or 
expended except as provided through the regular notification 
procedures of the Committees on Appropriations.

                  Funds Appropriated to the President

             international military education and training

    For necessary expenses to carry out the provisions of 
section 541 of the Foreign Assistance Act of 1961, 
$105,788,000, of which up to $4,000,000 may remain available 
until September 30, 2013, and may only be provided through the 
regular notification procedures of the Committees on 
Appropriations:  Provided, That the civilian personnel for whom 
military education and training may be provided under this 
heading may include civilians who are not members of a 
government whose participation would contribute to improved 
civil-military relations, civilian control of the military, or 
respect for human rights:  Provided further, That the Secretary 
of State shall provide to the Committees on Appropriations, not 
later than 45 days after enactment of this Act, a report on the 
proposed uses of all program funds under this heading on a 
country-by-country basis, including a detailed description of 
proposed activities:  Provided further, That of the funds 
appropriated under this heading, not to exceed $55,000 may be 
available for entertainment allowances.

                   foreign military financing program

    For necessary expenses for grants to enable the President 
to carry out the provisions of section 23 of the Arms Export 
Control Act, $5,210,000,000:  Provided, That to expedite the 
provision of assistance to foreign countries and international 
organizations, the Secretary of State, following consultation 
with the Committees on Appropriations and subject to the 
regular notification procedures of such Committees, may use the 
funds appropriated under this heading to procure defense 
articles and services to enhance the capacity of foreign 
security forces:  Provided further, That of the funds 
appropriated under this heading, not less than $3,075,000,000 
shall be available for grants only for Israel, and 
$1,300,000,000 shall be made available for grants only for 
Egypt, including for border security programs and activities in 
the Sinai:  Provided further, That the funds appropriated under 
this heading for assistance for Israel shall be disbursed 
within 30 days of enactment of this Act:  Provided further, 
That to the extent that the Government of Israel requests that 
funds be used for such purposes, grants made available for 
Israel under this heading shall, as agreed by the United States 
and Israel, be available for advanced weapons systems, of which 
not less than $808,725,000 shall be available for the 
procurement in Israel of defense articles and defense services, 
including research and development:  Provided further, That 
funds appropriated under this heading estimated to be outlayed 
for Egypt during fiscal year 2012 may be transferred to an 
interest bearing account for Egypt in the Federal Reserve Bank 
of New York:  Provided further, That of the funds appropriated 
under this heading, $300,000,000 shall be made available for 
assistance for Jordan:  Provided further, That, not later than 
90 days after enactment of this Act and 6 months thereafter, 
the Secretary of State shall submit a report to the Committees 
on Appropriations detailing any crowd control items, including 
tear gas, made available with appropriated funds or through 
export licenses to foreign security forces that the Secretary 
of State has credible information have repeatedly used 
excessive force to repress peaceful, lawful, and organized 
dissent:  Provided further, That the Secretary of State should 
consult with the Committees on Appropriations prior to 
obligating funds for such items to governments of countries 
undergoing democratic transition in the Middle East and North 
Africa:  Provided further, That none of the funds made 
available under this heading shall be made available to support 
or continue any program initially funded under the authority of 
section 1206 of the National Defense Authorization Act for 
Fiscal Year 2006 (Public Law 109-163; 119 Stat. 3456) unless 
the Secretary of State, in coordination with the Secretary of 
Defense, has justified such program to the Committees on 
Appropriations:  Provided further, That funds appropriated or 
otherwise made available under this heading shall be 
nonrepayable notwithstanding any requirement in section 23 of 
the Arms Export Control Act:  Provided further, That funds made 
available under this heading shall be obligated upon 
apportionment in accordance with paragraph (5)(C) of title 31, 
United States Code, section 1501(a).
    None of the funds made available under this heading shall 
be available to finance the procurement of defense articles, 
defense services, or design and construction services that are 
not sold by the United States Government under the Arms Export 
Control Act unless the foreign country proposing to make such 
procurement has first signed an agreement with the United 
States Government specifying the conditions under which such 
procurement may be financed with such funds:  Provided, That 
all country and funding level increases in allocations shall be 
submitted through the regular notification procedures of 
section 7015 of this Act:  Provided further, That funds made 
available under this heading may be used, notwithstanding any 
other provision of law, for demining, the clearance of 
unexploded ordnance, and related activities, and may include 
activities implemented through nongovernmental and 
international organizations:  Provided further, That only those 
countries for which assistance was justified for the ``Foreign 
Military Sales Financing Program'' in the fiscal year 1989 
congressional presentation for security assistance programs may 
utilize funds made available under this heading for procurement 
of defense articles, defense services or design and 
construction services that are not sold by the United States 
Government under the Arms Export Control Act:  Provided 
further, That funds appropriated under this heading shall be 
expended at the minimum rate necessary to make timely payment 
for defense articles and services:  Provided further, That not 
more than $62,800,000 of the funds appropriated under this 
heading may be obligated for necessary expenses, including the 
purchase of passenger motor vehicles for replacement only for 
use outside of the United States, for the general costs of 
administering military assistance and sales, except that this 
limitation may be exceeded only through the regular 
notification procedures of the Committees on Appropriations:  
Provided further, That of the funds appropriated under this 
heading for general costs of administering military assistance 
and sales, not to exceed $4,000 may be available for 
entertainment expenses and not to exceed $130,000 may be 
available for representation allowances:  Provided further, 
That not more than $836,900,000 of funds realized pursuant to 
section 21(e)(1)(A) of the Arms Export Control Act may be 
obligated for expenses incurred by the Department of Defense 
during fiscal year 2012 pursuant to section 43(b) of the Arms 
Export Control Act, except that this limitation may be exceeded 
only through the regular notification procedures of the 
Committees on Appropriations.

                                TITLE V

                        MULTILATERAL ASSISTANCE

                  Funds Appropriated to the President

                international organizations and programs

    For necessary expenses to carry out the provisions of 
section 301 of the Foreign Assistance Act of 1961, and of 
section 2 of the United Nations Environment Program 
Participation Act of 1973, $348,705,000, of which up to 
$10,000,000 may be made available for the Intergovernmental 
Panel on Climate Change/United Nations Framework Convention on 
Climate Change:  Provided, That section 307(a) of the Foreign 
Assistance Act of 1961 shall not apply to contributions to the 
United Nations Democracy Fund.

                  international financial institutions

                      global environment facility

    For payment to the International Bank for Reconstruction 
and Development as trustee for the Global Environment Facility 
by the Secretary of the Treasury, $89,820,000, to remain 
available until expended.

       contribution to the international development association

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

     contribution to the international bank for reconstruction and 
                              development

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

              limitation on callable capital subscriptions

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

               contribution to the clean technology fund

    For payment to the International Bank for Reconstruction 
and Development as trustee for the Clean Technology Fund by the 
Secretary of the Treasury, $184,630,000, to remain available 
until expended.

               contribution to the strategic climate fund

    For payment to the International Bank for Reconstruction 
and Development as trustee for the Strategic Climate Fund by 
the Secretary of the Treasury, $49,900,000, to remain available 
until expended.

              global agriculture and food security program

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

          contribution to the inter-american development bank

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

              limitation on callable capital subscriptions

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

contribution to the enterprise for the americas multilateral investment 
                                  fund

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

               contribution to the asian development bank

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

              limitation on callable capital subscriptions

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

               contribution to the asian development fund

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

              contribution to the african development bank

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

              limitation on callable capital subscriptions

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

              contribution to the african development fund

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

            european bank for reconstruction and development

              limitation on callable capital subscriptions

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

  contribution to the international fund for agricultural development

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

                                TITLE VI

                    EXPORT AND INVESTMENT ASSISTANCE

                Export-import Bank of the United States

                           inspector general

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

                            program account

    The Export-Import Bank of the United States is authorized 
to make such expenditures within the limits of funds and 
borrowing authority available to such corporation, and in 
accordance with law, and to make such contracts and commitments 
without regard to fiscal year limitations, as provided by 
section 104 of the Government Corporation Control Act, as may 
be necessary in carrying out the program for the current fiscal 
year for such corporation:  Provided, That none of the funds 
available during the current fiscal year may be used to make 
expenditures, contracts, or commitments for the export of 
nuclear equipment, fuel, or technology to any country, other 
than a nuclear-weapon state as defined in Article IX of the 
Treaty on the Non-Proliferation of Nuclear Weapons eligible to 
receive economic or military assistance under this Act, that 
has detonated a nuclear explosive after the date of the 
enactment of this Act:  Provided further, That not less than 10 
percent of the aggregate loan, guarantee, and insurance 
authority available to the Export-Import Bank under this Act 
should be used for renewable energy technologies or end-use 
energy efficiency technologies:  Provided further, That 
notwithstanding section 1(c) of Public Law 103-428, as amended, 
sections 1(a) and (b) of Public Law 103-428 shall remain in 
effect through October 1, 2012:  Provided further, That 
notwithstanding the dates specified in section 7 of the Export-
Import Bank Act of 1945 (12 U.S.C. 6350 and section 1(c) of 
Public Law 103-428), the Export-Import Bank of the United 
States shall continue to exercise its functions in connection 
with and in furtherance of its objects and purposes through May 
31, 2012.

                         subsidy appropriation

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

                        administrative expenses

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

                           receipts collected

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

                Overseas Private Investment Corporation

                           noncredit account

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

                            program account

    For the cost of direct and guaranteed loans, $25,000,000, 
as authorized by section 234 of the Foreign Assistance Act of 
1961, to be derived by transfer from the Overseas Private 
Investment Corporation Noncredit Account:  Provided, That such 
costs, including the cost of modifying such loans, shall be as 
defined in section 502 of the Congressional Budget Act of 1974: 
 Provided further, That such sums shall be available for direct 
loan obligations and loan guaranty commitments incurred or made 
during fiscal years 2012, 2013, and 2014:  Provided further, 
That funds so obligated in fiscal year 2012 remain available 
for disbursement through 2020; funds obligated in fiscal year 
2013 remain available for disbursement through 2021; and funds 
obligated in fiscal year 2014 remain available for disbursement 
through 2022:  Provided further, That notwithstanding any other 
provision of law, the Overseas Private Investment Corporation 
is authorized to undertake any program authorized by title IV 
of chapter 2 of part I of the Foreign Assistance Act of 1961 in 
Iraq:  Provided further, That funds made available pursuant to 
the authority of the previous proviso shall be subject to the 
regular notification procedures of the Committees on 
Appropriations.
    In addition, such sums as may be necessary for 
administrative expenses to carry out the credit program may be 
derived from amounts available for administrative expenses to 
carry out the credit and insurance programs in the Overseas 
Private Investment Corporation Noncredit Account and merged 
with said account.

                      trade and development agency

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

                               TITLE VII

                           GENERAL PROVISIONS

                      allowances and differentials

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

                      unobligated balances report

    Sec. 7002.  Any department or agency of the United States 
Government to which funds are appropriated or otherwise made 
available by this Act shall provide to the Committees on 
Appropriations a quarterly accounting of cumulative unobligated 
balances and obligated, but unexpended, balances by program, 
project, and activity, and Treasury Account Fund Symbol of all 
funds received by such department or agency in fiscal year 2012 
or any previous fiscal year:  Provided, That the report 
required by this section should specify by account the amount 
of funds obligated pursuant to bilateral agreements which have 
not been further sub-obligated.

                          consulting services

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

                          embassy construction

    Sec. 7004. (a) Of funds provided under title I of this Act, 
except as provided in subsection (b), a project to construct a 
diplomatic facility of the United States may not include office 
space or other accommodations for an employee of a Federal 
agency or department if the Secretary of State determines that 
such department or agency has not provided to the Department of 
State the full amount of funding required by subsection (e) of 
section 604 of the Secure Embassy Construction and 
Counterterrorism Act of 1999 (as enacted into law by section 
1000(a)(7) of Public Law 106-113 and contained in appendix G of 
that Act; 113 Stat. 1501A-453), as amended by section 629 of 
the Departments of Commerce, Justice, and State, the Judiciary, 
and Related Agencies Appropriations Act, 2005.
    (b) Notwithstanding the prohibition in subsection (a), a 
project to construct a diplomatic facility of the United States 
may include office space or other accommodations for members of 
the United States Marine Corps.
    (c) For the purposes of calculating the fiscal year 2012 
costs of providing new United States diplomatic facilities in 
accordance with section 604(e) of the Secure Embassy 
Construction and Counterterrorism Act of 1999 (22 U.S.C. 4865 
note), the Secretary of State, in consultation with the 
Director of the Office of Management and Budget, shall 
determine the annual program level and agency shares in a 
manner that is proportional to the Department of State's 
contribution for this purpose.
    (d) Funds appropriated by this Act, and any prior Act 
making appropriations for the Department of State, foreign 
operations, and related programs, which may be made available 
for the acquisition of property for diplomatic facilities in 
Afghanistan, Pakistan, and Iraq, shall be subject to prior 
consultation with, and the regular notification procedures of, 
the Committees on Appropriations.
    (e) Section 604(e)(1) of the Secure Embassy Construction 
and Counterterrorism Act of 1999 (22 U.S.C. 4865 note) is 
amended by striking ``providing new,'' and inserting in its 
place ``providing, maintaining, repairing, and renovating''.
    (f)(1) None of the funds appropriated under the heading 
``Embassy Security, Construction, and Maintenance'' in this Act 
and in prior Acts making appropriations for the Department of 
State, foreign operations, and related programs, made available 
through Federal agency Capital Security Cost Sharing 
contributions and reimbursements, or generated from the 
proceeds of real property sales, other than from real property 
sales located in London, United Kingdom, may be made available 
for site acquisition and mitigation, planning, design or 
construction of the New London Embassy.
    (2) Within 60 days of enactment of this Act and every 6 
months thereafter until completion of the New London Embassy, 
the Secretary of State shall submit to the Committees on 
Appropriations a report on the project:  Provided, That such 
report shall include revenue and cost projections, cost 
containment efforts, project schedule and actual project 
status, the impact of currency exchange rate fluctuations on 
project revenue and costs, and options for modifying the scope 
of the project in the event that proceeds of real property 
sales in London fall below the total cost of the project.

                           personnel actions

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

                         local guard contracts

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

        prohibition against direct funding for certain countries

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

                              coups d'etat

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

                           transfer authority

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

                         reporting requirement

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

                         availability of funds

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

            limitation on assistance to countries in default

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

          prohibition on taxation of united states assistance

    Sec. 7013. (a) Prohibition on Taxation.--None of the funds 
appropriated under titles III through VI of this Act may be 
made available to provide assistance for a foreign country 
under a new bilateral agreement governing the terms and 
conditions under which such assistance is to be provided unless 
such agreement includes a provision stating that assistance 
provided by the United States shall be exempt from taxation, or 
reimbursed, by the foreign government, and the Secretary of 
State shall expeditiously seek to negotiate amendments to 
existing bilateral agreements, as necessary, to conform with 
this requirement.
    (b) Reimbursement of Foreign Taxes.--An amount equivalent 
to 200 percent of the total taxes assessed during fiscal year 
2012 on funds appropriated by this Act by a foreign government 
or entity against commodities financed under United States 
assistance programs for which funds are appropriated by this 
Act, either directly or through grantees, contractors and 
subcontractors shall be withheld from obligation from funds 
appropriated for assistance for fiscal year 2013 and allocated 
for the central government of such country and for the West 
Bank and Gaza program to the extent that the Secretary of State 
certifies and reports in writing to the Committees on 
Appropriations that such taxes have not been reimbursed to the 
Government of the United States.
    (c) De Minimis Exception.--Foreign taxes of a de minimis 
nature shall not be subject to the provisions of subsection 
(b).
    (d) Reprogramming of Funds.--Funds withheld from obligation 
for each country or entity pursuant to subsection (b) shall be 
reprogrammed for assistance to countries which do not assess 
taxes on United States assistance or which have an effective 
arrangement that is providing substantial reimbursement of such 
taxes.
    (e) Determinations.--
            (1) The provisions of this section shall not apply 
        to any country or entity the Secretary of State 
        determines--
                    (A) does not assess taxes on United States 
                assistance or which has an effective 
                arrangement that is providing substantial 
                reimbursement of such taxes; or
                    (B) the foreign policy interests of the 
                United States outweigh the purpose of this 
                section to ensure that United States assistance 
                is not subject to taxation.
            (2) The Secretary of State shall consult with the 
        Committees on Appropriations at least 15 days prior to 
        exercising the authority of this subsection with regard 
        to any country or entity.
    (f) Implementation.--The Secretary of State shall issue 
rules, regulations, or policy guidance, as appropriate, to 
implement the prohibition against the taxation of assistance 
contained in this section.
    (g) Definitions.--As used in this section--
            (1) the terms ``taxes'' and ``taxation'' refer to 
        value added taxes and customs duties imposed on 
        commodities financed with United States assistance for 
        programs for which funds are appropriated by this Act; 
        and
            (2) the term ``bilateral agreement'' refers to a 
        framework bilateral agreement between the Government of 
        the United States and the government of the country 
        receiving assistance that describes the privileges and 
        immunities applicable to United States foreign 
        assistance for such country generally, or an individual 
        agreement between the Government of the United States 
        and such government that describes, among other things, 
        the treatment for tax purposes that will be accorded 
        the United States assistance provided under that 
        agreement.
    (h) Report.--The Secretary of State shall submit a report 
to the Committees on Appropriations not later than 90 days 
after the enactment of this Act detailing steps taken by the 
Department of State to comply with the requirements provided in 
subsections (a) and (f).

                         reservations of funds

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

                       notification requirements

    Sec. 7015. (a) None of the funds made available in title I 
of this Act, or in prior appropriations Acts to the agencies 
and departments funded by this Act that remain available for 
obligation or expenditure in fiscal year 2012, or provided from 
any accounts in the Treasury of the United States derived by 
the collection of fees or of currency reflows or other 
offsetting collections, or made available by transfer, to the 
agencies and departments funded by this Act, shall be available 
for obligation or expenditure through a reprogramming of funds 
that:
            (1) creates new programs;
            (2) eliminates a program, project, or activity;
            (3) increases funds or personnel by any means for 
        any project or activity for which funds have been 
        denied or restricted;
            (4) relocates an office or employees;
            (5) closes or opens a mission or post;
            (6) creates, reorganizes, or renames bureaus, 
        centers, or offices;
            (7) reorganizes programs or activities; or
            (8) contracts out or privatizes any functions or 
        activities presently performed by Federal employees;
unless the Committees on Appropriations are notified 15 days in 
advance of such reprogramming of funds:  Provided, That unless 
previously justified to the Committees on Appropriations, the 
requirements of this subsection shall apply to all obligations 
of funds appropriated under title I of this Act for items (5) 
and (6) above.
    (b) None of the funds provided under title I of this Act, 
or provided under previous appropriations Acts to the agency or 
department funded under title I of this Act that remain 
available for obligation or expenditure in fiscal year 2012, or 
provided from any accounts in the Treasury of the United States 
derived by the collection of fees available to the agency or 
department funded under title I of this Act, shall be available 
for obligation or expenditure for activities, programs, or 
projects through a reprogramming of funds in excess of 
$1,000,000 or 10 percent, whichever is less, that:
            (1) augments existing programs, projects, or 
        activities;
            (2) reduces by 10 percent funding for any existing 
        program, project, or activity, or numbers of personnel 
        by 10 percent as approved by Congress; or
            (3) results from any general savings, including 
        savings from a reduction in personnel, which would 
        result in a change in existing programs, activities, or 
        projects as approved by Congress; unless the Committees 
        on Appropriations are notified 15 days in advance of 
        such reprogramming of funds.
    (c) None of the funds made available under titles II 
through VI and VIII in this Act under the headings ``Global 
Health Programs'', ``Development Assistance'', ``International 
Organizations and Programs'', ``Trade and Development Agency'', 
``International Narcotics Control and Law Enforcement'', 
``Assistance for Europe, Eurasia and Central Asia'', ``Economic 
Support Fund'', ``Democracy Fund'', ``Peacekeeping 
Operations'', ``Capital Investment Fund'', ``Operating 
Expenses'', ``Conflict Stabilization Operations'', ``Office of 
Inspector General'', ``Nonproliferation, Anti-terrorism, 
Demining and Related Programs'', ``Millennium Challenge 
Corporation'', ``Foreign Military Financing Program'', 
``International Military Education and Training'', ``Pakistan 
Counterinsurgency Capability Fund'', and ``Peace Corps'', shall 
be available for obligation for activities, programs, projects, 
type of materiel assistance, countries, or other operations not 
justified or in excess of the amount justified to the 
Committees on Appropriations for obligation under any of these 
specific headings unless the Committees on Appropriations are 
notified 15 days in advance:  Provided, That the President 
shall not enter into any commitment of funds appropriated for 
the purposes of section 23 of the Arms Export Control Act for 
the provision of major defense equipment, other than 
conventional ammunition, or other major defense items defined 
to be aircraft, ships, missiles, or combat vehicles, not 
previously justified to Congress or 20 percent in excess of the 
quantities justified to Congress unless the Committees on 
Appropriations are notified 15 days in advance of such 
commitment:  Provided further, That requirements of this 
subsection or any similar provision of any other Act shall not 
apply to any reprogramming for an activity, program, or project 
for which funds are appropriated under titles II through IV of 
this Act of less than 10 percent of the amount previously 
justified to the Congress for obligation for such activity, 
program, or project for the current fiscal year.
    (d) Notwithstanding any other provision of law, with the 
exception of funds transferred to, and merged with, funds 
appropriated under title I of this Act, funds transferred by 
the Department of Defense to the Department of State and the 
United States Agency for International Development for 
assistance for foreign countries and international 
organizations, and funds made available for programs authorized 
by section 1206 of the National Defense Authorization Act for 
Fiscal Year 2006 (Public Law 109-163), shall be subject to the 
regular notification procedures of the Committees on 
Appropriations.
    (e) The requirements of this section or any similar 
provision of this Act or any other Act, including any prior Act 
requiring notification in accordance with the regular 
notification procedures of the Committees on Appropriations, 
may be waived if failure to do so would pose a substantial risk 
to human health or welfare:  Provided, That in case of any such 
waiver, notification to the Committees on Appropriations shall 
be provided as early as practicable, but in no event later than 
3 days after taking the action to which such notification 
requirement was applicable, in the context of the circumstances 
necessitating such waiver:  Provided further, That any 
notification provided pursuant to such a waiver shall contain 
an explanation of the emergency circumstances.
    (f) None of the funds appropriated under titles III through 
VI and VIII of this Act shall be obligated or expended for 
assistance for Serbia, Sudan, South Sudan, Zimbabwe, 
Afghanistan, Iraq, Pakistan, Cuba, Iran, Haiti, Libya, 
Ethiopia, Nepal, Colombia, Honduras, Burma, Yemen, Mexico, 
Kazakhstan, Uzbekistan, the Russian Federation, Somalia, Sri 
Lanka, or Cambodia except as provided through the regular 
notification procedures of the Committees on Appropriations.

                notification on excess defense equipment

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

limitation on availability of funds for international organizations and 
                                programs

    Sec. 7017.  Subject to the regular notification procedures 
of the Committees on Appropriations, funds appropriated under 
titles III through VI of this Act and prior Acts making 
appropriations for the Department of State, foreign operations, 
and related programs, which are returned or not made available 
for organizations and programs because of the implementation of 
section 307(a) of the Foreign Assistance Act of 1961 or section 
7049(a) of this Act, shall remain available for obligation 
until September 30, 2013.

   prohibition on funding for abortions and involuntary sterilization

    Sec. 7018.  None of the funds made available to carry out 
part I of the Foreign Assistance Act of 1961, as amended, may 
be used to pay for the performance of abortions as a method of 
family planning or to motivate or coerce any person to practice 
abortions. None of the funds made available to carry out part I 
of the Foreign Assistance Act of 1961, as amended, may be used 
to pay for the performance of involuntary sterilization as a 
method of family planning or to coerce or provide any financial 
incentive to any person to undergo sterilizations. None of the 
funds made available to carry out part I of the Foreign 
Assistance Act of 1961, as amended, may be used to pay for any 
biomedical research which relates in whole or in part, to 
methods of, or the performance of, abortions or involuntary 
sterilization as a means of family planning. None of the funds 
made available to carry out part I of the Foreign Assistance 
Act of 1961, as amended, may be obligated or expended for any 
country or organization if the President certifies that the use 
of these funds by any such country or organization would 
violate any of the above provisions related to abortions and 
involuntary sterilizations.

                              allocations

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

               prohibition of payment of certain expenses

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

   prohibition on assistance to governments supporting international 
                               terrorism

    Sec. 7021. (a) Lethal Military Equipment Exports.--
            (1) None of the funds appropriated or otherwise 
        made available by titles III through VI of this Act may 
        be available to any foreign government which provides 
        lethal military equipment to a country the government 
        of which the Secretary of State has determined supports 
        international terrorism for purposes of section 6(j) of 
        the Export Administration Act of 1979:  Provided, That 
        the prohibition under this section with respect to a 
        foreign government shall terminate 12 months after that 
        government ceases to provide such military equipment:  
        Provided further, That this section applies with 
        respect to lethal military equipment provided under a 
        contract entered into after October 1, 1997.
            (2) Assistance restricted by paragraph (1) or any 
        other similar provision of law, may be furnished if the 
        President determines that to do so is important to the 
        national interests of the United States.
            (3) Whenever the President makes a determination 
        pursuant to paragraph (2), the President shall submit 
        to the Committees on Appropriations a report with 
        respect to the furnishing of such assistance, including 
        a detailed explanation of the assistance to be 
        provided, the estimated dollar amount of such 
        assistance, and an explanation of how the assistance 
        furthers United States national interests.
    (b) Bilateral Assistance.--
            (1) Funds appropriated for bilateral assistance in 
        titles III through VI of this Act and funds 
        appropriated under any such title in prior acts making 
        appropriations for the Department of State, foreign 
        operations, and related programs, shall not be made 
        available to any foreign government which the President 
        determines--
                    (A) grants sanctuary from prosecution to 
                any individual or group which has committed an 
                act of international terrorism;
                    (B) otherwise supports international 
                terrorism; or
                    (C) is controlled by an organization 
                designated as a terrorist organization under 
                section 219 of the Immigration and Nationality 
                Act.
            (2) The President may waive the application of 
        paragraph (1) to a government if the President 
        determines that national security or humanitarian 
        reasons justify such waiver:  Provided, That the 
        President shall publish each such waiver in the Federal 
        Register and, at least 15 days before the waiver takes 
        effect, shall notify the Committees on Appropriations 
        of the waiver (including the justification for the 
        waiver) in accordance with the regular notification 
        procedures of the Committees on Appropriations.

                       authorization requirements

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

              definition of program, project, and activity

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

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

    Sec. 7024.  Unless expressly provided to the contrary, 
provisions of this or any other Act, including provisions 
contained in prior Acts authorizing or making appropriations 
for the Department of State, foreign operations, and related 
programs, shall not be construed to prohibit activities 
authorized by or conducted under the Peace Corps Act, the 
Inter-American Foundation Act or the African Development 
Foundation Act:  Provided, That prior to conducting activities 
in a country for which assistance is prohibited, the agency 
shall consult with the Committees on Appropriations and report 
to such Committees within 15 days of taking such action.

                commerce, trade and surplus commodities

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

                           separate accounts

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

                       eligibility for assistance

    Sec. 7027. (a) Assistance Through Nongovernmental 
Organizations.--Restrictions contained in this or any other Act 
with respect to assistance for a country shall not be construed 
to restrict assistance in support of programs of 
nongovernmental organizations from funds appropriated by this 
Act to carry out the provisions of chapters 1, 10, 11, and 12 
of part I and chapter 4 of part II of the Foreign Assistance 
Act of 1961, and from funds appropriated under the heading 
``Assistance for Europe, Eurasia and Central Asia'':  Provided, 
That before using the authority of this subsection to furnish 
assistance in support of programs of nongovernmental 
organizations, the President shall notify the Committees on 
Appropriations under the regular notification procedures of 
those committees, including a description of the program to be 
assisted, the assistance to be provided, and the reasons for 
furnishing such assistance:  Provided further, That nothing in 
this subsection shall be construed to alter any existing 
statutory prohibitions against abortion or involuntary 
sterilizations contained in this or any other Act.
    (b) Public Law 480.--During fiscal year 2012, restrictions 
contained in this or any other Act with respect to assistance 
for a country shall not be construed to restrict assistance 
under the Agricultural Trade Development and Assistance Act of 
1954:  Provided, That none of the funds appropriated to carry 
out title I of such Act and made available pursuant to this 
subsection may be obligated or expended except as provided 
through the regular notification procedures of the Committees 
on Appropriations.
    (c) Exception.--This section shall not apply--
            (1) with respect to section 620A of the Foreign 
        Assistance Act of 1961 or any comparable provision of 
        law prohibiting assistance to countries that support 
        international terrorism; or
            (2) with respect to section 116 of the Foreign 
        Assistance Act of 1961 or any comparable provision of 
        law prohibiting assistance to the government of a 
        country that violates internationally recognized human 
        rights.

                  impact on jobs in the united states

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

                  international financial institutions

    Sec. 7029. (a) None of the funds appropriated under title V 
of this Act may be made as payment to any international 
financial institution while the United States executive 
director to such institution is compensated by the institution 
at a rate which, together with whatever compensation such 
executive director receives from the United States, is in 
excess of the rate provided for an individual occupying a 
position at level IV of the Executive Schedule under section 
5315 of title 5, United States Code, or while any alternate 
United States executive director to such institution is 
compensated by the institution at a rate in excess of the rate 
provided for an individual occupying a position at level V of 
the Executive Schedule under section 5316 of title 5, United 
States Code.
    (b) The Secretary of the Treasury shall instruct the United 
States executive director of each international financial 
institution to oppose any loan, grant, strategy or policy of 
such institution that would require user fees or service 
charges on poor people for primary education or primary 
healthcare, including prevention, care and treatment for HIV/
AIDS, malaria, tuberculosis, and infant, child, and maternal 
health, in connection with such institution's financing 
programs.
    (c) The Secretary of the Treasury shall instruct the United 
States Executive Director of the International Monetary Fund 
(the Fund) to use the voice and vote of the United States to 
oppose any loan, project, agreement, memorandum, instrument, 
plan, or other program of the Fund to a Heavily Indebted Poor 
Country that imposes budget caps or restraints that do not 
allow the maintenance of or an increase in governmental 
spending on healthcare or education; and to promote government 
spending on healthcare, education, agriculture and food 
security, or other critical safety net programs in all of the 
Fund's activities with respect to Heavily Indebted Poor 
Countries.
    (d) For the purposes of this Act ``international financial 
institutions'' shall mean the International Bank for 
Reconstruction and Development, the International Development 
Association, the International Finance Corporation, the Inter-
American Development Bank, the International Monetary Fund, the 
Asian Development Bank, the Asian Development Fund, the Inter-
American Investment Corporation, the North American Development 
Bank, the European Bank for Reconstruction and Development, the 
African Development Bank and the African Development Fund.

                          debt-for-development

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

              financial management and budget transparency

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

             authority to engage in debt buybacks or sales

    Sec. 7032. (a) Loans Eligible for Sale, Reduction, or 
Cancellation.--
            (1) Authority to sell, reduce, or cancel certain 
        loans.--Notwithstanding any other provision of law, the 
        President may, in accordance with this section, sell to 
        any eligible purchaser any concessional loan or portion 
        thereof made before January 1, 1995, pursuant to the 
        Foreign Assistance Act of 1961, to the government of 
        any eligible country as defined in section 702(6) of 
        that Act or on receipt of payment from an eligible 
        purchaser, reduce or cancel such loan or portion 
        thereof, only for the purpose of facilitating--
                    (A) debt-for-equity swaps, debt-for-
                development swaps, or debt-for-nature swaps; or
                    (B) a debt buyback by an eligible country 
                of its own qualified debt, only if the eligible 
                country uses an additional amount of the local 
                currency of the eligible country, equal to not 
                less than 40 percent of the price paid for such 
                debt by such eligible country, or the 
                difference between the price paid for such debt 
                and the face value of such debt, to support 
                activities that link conservation and 
                sustainable use of natural resources with local 
                community development, and child survival and 
                other child development, in a manner consistent 
                with sections 707 through 710 of the Foreign 
                Assistance Act of 1961, if the sale, reduction, 
                or cancellation would not contravene any term 
                or condition of any prior agreement relating to 
                such loan.
            (2) Terms and conditions.--Notwithstanding any 
        other provision of law, the President shall, in 
        accordance with this section, establish the terms and 
        conditions under which loans may be sold, reduced, or 
        canceled pursuant to this section.
            (3) Administration.--The Facility, as defined in 
        section 702(8) of the Foreign Assistance Act of 1961, 
        shall notify the administrator of the agency primarily 
        responsible for administering part I of the Foreign 
        Assistance Act of 1961 of purchasers that the President 
        has determined to be eligible, and shall direct such 
        agency to carry out the sale, reduction, or 
        cancellation of a loan pursuant to this section:  
        Provided, That such agency shall make adjustment in its 
        accounts to reflect the sale, reduction, or 
        cancellation.
            (4) Limitation.--The authorities of this subsection 
        shall be available only to the extent that 
        appropriations for the cost of the modification, as 
        defined in section 502 of the Congressional Budget Act 
        of 1974, are made in advance.
    (b) Deposit of Proceeds.--The proceeds from the sale, 
reduction, or cancellation of any loan sold, reduced, or 
canceled pursuant to this section shall be deposited in the 
United States Government account or accounts established for 
the repayment of such loan.
    (c) Eligible Purchasers.--A loan may be sold pursuant to 
subsection (a)(1)(A) only to a purchaser who presents plans 
satisfactory to the President for using the loan for the 
purpose of engaging in debt-for-equity swaps, debt-for-
development swaps, or debt-for-nature swaps.
    (d) Debtor Consultations.--Before the sale to any eligible 
purchaser, or any reduction or cancellation pursuant to this 
section, of any loan made to an eligible country, the President 
should consult with the country concerning the amount of loans 
to be sold, reduced, or canceled and their uses for debt-for-
equity swaps, debt-for-development swaps, or debt-for-nature 
swaps.
    (e) Availability of Funds.--The authority provided by 
subsection (a) may be used only with regard to funds 
appropriated by this Act under the heading ``Debt 
Restructuring''.

                         multi-year commitments

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

                           special provisions

    Sec. 7034. (a) Victims of War, Displaced Children, and 
Displaced Burmese.--Funds appropriated in titles III and VI of 
this Act that are made available for victims of war, displaced 
children, and displaced Burmese, and to assist victims of 
trafficking in persons and, subject to the regular notification 
procedures of the Committees on Appropriations, to combat such 
trafficking, may be made available notwithstanding any other 
provision of law.
    (b) Reconstituting Civilian Police Authority.--In providing 
assistance with funds appropriated by this Act under section 
660(b)(6) of the Foreign Assistance Act of 1961, support for a 
nation emerging from instability may be deemed to mean support 
for regional, district, municipal, or other sub-national entity 
emerging from instability, as well as a nation emerging from 
instability.
    (c) World Food Program.--Funds managed by the Bureau for 
Democracy, Conflict, and Humanitarian Assistance, United States 
Agency for International Development (USAID), from this or any 
other Act, shall be made available as a general contribution to 
the World Food Program, notwithstanding any other provision of 
law.
    (d) Disarmament, Demobilization and Reintegration.--
Notwithstanding any other provision of law, regulation or 
Executive order, funds appropriated by this Act and prior Acts 
making appropriations for the Department of State, foreign 
operations, and related programs under the headings ``Economic 
Support Fund'', ``Peacekeeping Operations'', ``International 
Disaster Assistance'', and ``Transition Initiatives'' should be 
made available to support programs to disarm, demobilize, and 
reintegrate into civilian society former members of foreign 
terrorist organizations:  Provided, That the Secretary of State 
shall consult with the Committees on Appropriations prior to 
the obligation of funds pursuant to this subsection:  Provided 
further, That for the purposes of this subsection the term 
``foreign terrorist organization'' means an organization 
designated as a terrorist organization under section 219 of the 
Immigration and Nationality Act.
    (e) Research and Training.--Funds appropriated by this Act 
under the heading ``Economic Support Fund'' may be made 
available to carry out the Program for Research and Training on 
Eastern Europe and the Independent States of the Former Soviet 
Union (title VIII) as authorized by the Soviet-Eastern European 
Research and Training Act of 1983 (22 U.S.C. 4501-4508).
    (f) Contingencies.--During fiscal year 2012, the President 
may use up to $50,000,000 under the authority of section 451 of 
the Foreign Assistance Act of 1961, notwithstanding any other 
provision of law.
    (g) Consolidation of Reports.--The Secretary of State, in 
coordination with the USAID Administrator, shall submit to the 
Committees on Appropriations, and other relevant congressional 
committees, not later than 90 days after enactment of this Act 
recommendations for the consolidation or combination of reports 
(including plans and strategies) that are called for by any 
provision of law to be submitted to the Congress and that are 
substantially duplicative of others called for by any other 
provision of law:  Provided, That reports are considered 
``substantially duplicative'' if they are required to address 
at least more than half of the same substantive factors, 
criteria and issues that are required to be addressed by any 
other report, and any such consolidated report must address all 
the substantive factors, criteria and issues required to be 
addressed in each of the individual reports:  Provided further, 
That reports affected by this subsection are those within the 
purview of, or prepared primarily by, the Department of State 
and USAID and that relate to matters addressed under this Act 
or any other Act authorizing or appropriating funds for use by, 
or actions of, the Department of State or USAID.
    (h) Promotion of Democracy.--
            (1) Funds made available by this Act that are made 
        available for the promotion of democracy may be made 
        available notwithstanding any other provision of law, 
        and with regard to the National Endowment for 
        Democracy, any regulation.
            (2) For the purposes of funds appropriated by this 
        Act, the term ``promotion of democracy'' means programs 
        that support good governance, human rights, independent 
        media, and the rule of law, and otherwise strengthen 
        the capacity of democratic political parties, 
        governments, nongovernmental organizations and 
        institutions, and citizens to support the development 
        of democratic states, institutions, and practices that 
        are responsive and accountable to citizens.
            (3) With respect to the provision of assistance for 
        democracy, human rights and governance activities in 
        this Act, the organizations implementing such 
        assistance and the specific nature of that assistance 
        shall not be subject to the prior approval by the 
        government of any foreign country.
            (4) Funds appropriated under the heading ``Economic 
        Support Fund'' shall be made available to the Bureau of 
        Democracy, Human Rights and Labor for programs to 
        promote human rights by expanding open and uncensored 
        access to information and communication as identified 
        in the Department of State's Internet freedom strategy: 
         Provided, That funds made available by this paragraph 
        should be matched by sources other than the United 
        States Government, as appropriate:  Provided further, 
        That the Secretary of State shall coordinate the 
        development and uses of circumvention and secure 
        communications technologies with the Administrator of 
        the United States Agency for International Development 
        and the Broadcasting Board of Governors, as 
        appropriate:  Provided further, That the circumvention 
        technologies and programs supported by funds made 
        available by this Act, shall undergo a review, to 
        include an assessment of the protection against such 
        technologies being used for illicit purposes.
            (5) Funds appropriated by this Act that are made 
        available to promote democracy and human rights shall 
        also be made available to support freedom of religion, 
        especially in the Middle East and North Africa.
    (i) Partner Vetting.--Funds appropriated in this Act or any 
prior Acts making appropriations for the Department of State, 
foreign operations, and related programs shall be used by the 
Secretary of State and the Administrator of the United States 
Agency for International Development (USAID), as appropriate, 
to support the development and implementation of a Partner 
Vetting System (PVS) pilot program:  Provided, That such pilot 
program shall be implemented not later than September 30, 2012: 
 Provided further, That the Secretary of State and the USAID 
Administrator shall jointly submit a report to the Committees 
on Appropriations not later than 30 days after completion of 
the pilot program on the estimated timeline and criteria for 
evaluating the PVS for expansion.
    (j) Protections and Remedies for Employees of Diplomatic 
Missions and International Organizations.--The Secretary of 
State shall implement section 203(a)(2) of the William 
Wilberforce Trafficking Victims Protection Reauthorization Act 
of 2008 (Public Law 110-457):  Provided, That in determining 
whether to suspend the issuance of A-3 or G-5 visas to 
applicants seeking to work for officials of a diplomatic 
mission or international organization, the Secretary shall 
consider whether a final court judgment has been issued against 
a current or former employee of such mission or organization 
(and the time period for a final appeal has expired) or whether 
the Department of State has requested that immunity of 
individual diplomats or family members be waived to permit 
criminal prosecution:  Provided further, That the Secretary 
should continue to assist in obtaining payment of final court 
judgments awarded to A-3 and G-5 visa holders, including 
encouraging the sending states to provide compensation directly 
to victims:  Provided further, That the Secretary shall 
include, in a manner the Secretary deems appropriate, all 
trafficking cases involving A-3 or G-5 visa holders in the 
Trafficking in Persons annual report for which a final civil 
judgment has been issued (and the time period for final appeal 
has expired) or the Department of Justice has determined that 
the United States Government would seek to indict the diplomat 
or a family member but for diplomatic immunity.
    (k) Modification of Amendment.--Section 620J of the Foreign 
Assistance Act of 1961 (Limitation on Assistance to Security 
Forces) is amended as follows:
            (1) by redesignating the section as section 620M;
            (2) in subsection (a), by striking ``evidence'' and 
        inserting ``information'' and by striking ``gross 
        violations'' and inserting ``a gross violation'';
            (3) in subsection (b), by striking ``measures'' and 
        inserting ``steps''; and
            (4) by adding the following subsection:
    ``(d) Credible Information.--The Secretary shall establish, 
and periodically update, procedures to--
            ``(1) ensure that for each country the Department 
        of State has a current list of all security force units 
        receiving United States training, equipment, or other 
        types of assistance;
            ``(2) facilitate receipt by the Department of State 
        and United States embassies of information from 
        individuals and organizations outside the United States 
        Government about gross violations of human rights by 
        security force units;
            ``(3) routinely request and obtain such information 
        from the Department of Defense, the Central 
        Intelligence Agency, and other United States Government 
        sources;
            ``(4) ensure that such information is evaluated and 
        preserved;
            ``(5) ensure that when vetting an individual for 
        eligibility to receive United States training the 
        individual's unit is also vetted;
            ``(6) seek to identify the unit involved when 
        credible information of a gross violation exists but 
        the identity of the unit is lacking; and
            ``(7) make publicly available, to the maximum 
        extent practicable, the identity of those units for 
        which no assistance shall be furnished pursuant to 
        subsection (a).''
    (l) Sections Repealed.--Sections 494, 495, and 495B through 
495K of the Foreign Assistance Act of 1961 are hereby repealed.
    (m) Extension of Authorities.--
            (1) Section 1(b)(2) of the Passport Act of June 4, 
        1920 (22 U.S.C. 214(b)(2)) shall be applied by 
        substituting ``September 30, 2012'' for ``September 30, 
        2010''.
            (2) The authority provided by section 301(a)(3) of 
        the Omnibus Diplomatic Security and Antiterrorism Act 
        of 1986 (22 U.S.C. 4831(a)(3)) shall remain in effect 
        through September 30, 2012.
            (3) The authority contained in section 1115(d) of 
        Public Law 111-32 shall remain in effect through 
        September 30, 2012.
            (4) Section 824(g) of the Foreign Service Act of 
        1980 (22 U.S.C. 4064(g)) shall be applied by 
        substituting ``September 30, 2012'' for ``October 1, 
        2010'' in paragraph (2).
            (5) Section 61(a) of the State Department Basic 
        Authorities Act of 1956 (22 U.S.C. 2733(a)) shall be 
        applied by substituting ``September 30, 2012'' for 
        ``October 1, 2010'' in paragraph (2).
            (6) Section 625(j)(1) of the Foreign Assistance Act 
        of 1961 (22 U.S.C. 2385(j)(1)) shall be applied by 
        substituting ``September 30, 2012'' for ``October 1, 
        2010'' in subparagraph (B).
            (7) The authority contained in section 1603(a)(2) 
        of Public Law 109-234, as amended, shall remain in 
        effect through September 30, 2012.
            (8) The authority provided by section 1113 of 
        Public Law 111-32 shall remain in effect through 
        September 30, 2012:  Provided, That none of the funds 
        appropriated or otherwise made available by this Act or 
        any other Act making appropriations for the Department 
        of State, foreign operations, and related programs may 
        be used to implement phase 3 of such authority.
    (n) Reports Repealed.--Section 133(d) of Public Law 87-195; 
section 807 of Public Law 98-164; section 704(c) of Public Law 
101-179; section 104 of Public Law 102-511; section 560(g) of 
Public Law 103-87; section 514(a) of Public Law 103-236; 
section 605(c) of Appendix G, Public Law 106-113; sections 3203 
and 3204(f) of division B of Public Law 106-246; section 
564(g)(4) of Public Law 106-429; sections 694(a), 694(b), 704 
and 1321 of Public Law 107-228; and section 409(c) of Public 
Law 108-447 are hereby repealed.
    (o) Government Expenditures.--Funds appropriated under 
title III and under the heading ``International Narcotics 
Control and Law Enforcement'' in this Act should not be made 
available for assistance for any government for programs or 
activities in fiscal year 2013 if the Secretary of State or the 
Administrator of the United States Agency for International 
Development has credible information that such government is 
reducing its own expenditures for such programs or activities 
as a result of the assistance provided and for reasons that are 
inconsistent with the purposes of such assistance.
    (p) International Child Abductions.--The Secretary of State 
may withhold funds appropriated under title III of this Act for 
assistance for the central government of any country that the 
Secretary determines is not taking appropriate steps to comply 
with the Convention on the Civil Aspects of International Child 
Abductions, done at the Hague on October 25, 1980:  Provided, 
That the Secretary shall report to the Committees on 
Appropriations within 15 days of making any such determination.
    (q) Redesignations.--
            (1) The position of Advisor established pursuant to 
        section 699B of division J of Public Law 110-161 shall, 
        within 45 days of enactment of this Act and 
        notwithstanding the requirements of such section, be 
        moved to the United States Agency for International 
        Development (USAID):  Provided, That the Advisor shall 
        hereafter be appointed by the USAID Administrator and 
        shall report directly to the Administrator:  Provided 
        further, That the responsibilities of the Advisor 
        enumerated in section 699B(b) shall remain in full 
        force and effect.
            (2) The position of Coordinator established 
        pursuant to section 664 of division J of Public Law 
        110-161 shall, within 45 days of enactment of this Act 
        and notwithstanding the requirements of such section, 
        be moved to the United States Agency for International 
        Development (USAID):  Provided, That the Coordinator 
        shall hereafter be appointed by the USAID Administrator 
        and shall report directly to the Administrator:  
        Provided further, That the responsibilities of the 
        Coordinator enumerated in the first sentence of section 
        664(c) shall remain in full force and effect:  Provided 
        further, That the limitation in the second sentence of 
        such section shall hereafter no longer apply to the 
        Coordinator.
      (r) Extension of Authority.--The Foreign Operations, 
Export Financing, and Related Programs Appropriations Act, 1990 
(Public Law 101-167) is amended--
      (1) In section 599D (8 U.S.C. 1157 note)--
            (A) in subsection (b)(3), by striking ``and 2011'' 
        and inserting ``2011, and 2012''; and
            (B) in subsection (e), by striking ``June 1, 2011'' 
        each place it appears and inserting ``October 1, 
        2012''; and
            (2) in section 599E (8 U.S.C. 1255 note) in 
        subsection (b)(2), by striking ``2011'' and inserting 
        ``2012''.

                     arab league boycott of israel

    Sec. 7035.  It is the sense of the Congress that--
            (1) the Arab League boycott of Israel, and the 
        secondary boycott of American firms that have 
        commercial ties with Israel, is an impediment to peace 
        in the region and to United States investment and trade 
        in the Middle East and North Africa;
            (2) the Arab League boycott, which was regrettably 
        reinstated in 1997, should be immediately and publicly 
        terminated, and the Central Office for the Boycott of 
        Israel immediately disbanded;
            (3) all Arab League states should normalize 
        relations with their neighbor Israel;
            (4) the President and the Secretary of State should 
        continue to vigorously oppose the Arab League boycott 
        of Israel and find concrete steps to demonstrate that 
        opposition by, for example, taking into consideration 
        the participation of any recipient country in the 
        boycott when determining to sell weapons to said 
        country; and
            (5) the President should report to Congress 
        annually on specific steps being taken by the United 
        States to encourage Arab League states to normalize 
        their relations with Israel to bring about the 
        termination of the Arab League boycott of Israel, 
        including those to encourage allies and trading 
        partners of the United States to enact laws prohibiting 
        businesses from complying with the boycott and 
        penalizing businesses that do comply.

                         palestinian statehood

    Sec. 7036. (a) Limitation on Assistance.--None of the funds 
appropriated under titles III through VI of this Act may be 
provided to support a Palestinian state unless the Secretary of 
State determines and certifies to the appropriate congressional 
committees that--
            (1) the governing entity of a new Palestinian 
        state--
                    (A) has demonstrated a firm commitment to 
                peaceful co-existence with the State of Israel;
                    (B) is taking appropriate measures to 
                counter terrorism and terrorist financing in 
                the West Bank and Gaza, including the 
                dismantling of terrorist infrastructures, and 
                is cooperating with appropriate Israeli and 
                other appropriate security organizations; and
            (2) the Palestinian Authority (or the governing 
        entity of a new Palestinian state) is working with 
        other countries in the region to vigorously pursue 
        efforts to establish a just, lasting, and comprehensive 
        peace in the Middle East that will enable Israel and an 
        independent Palestinian state to exist within the 
        context of full and normal relationships, which should 
        include--
                    (A) termination of all claims or states of 
                belligerency;
                    (B) respect for and acknowledgment of the 
                sovereignty, territorial integrity, and 
                political independence of every state in the 
                area through measures including the 
                establishment of demilitarized zones;
                    (C) their right to live in peace within 
                secure and recognized boundaries free from 
                threats or acts of force;
                    (D) freedom of navigation through 
                international waterways in the area; and
                    (E) a framework for achieving a just 
                settlement of the refugee problem.
    (b) Sense of Congress.--It is the sense of Congress that 
the governing entity should enact a constitution assuring the 
rule of law, an independent judiciary, and respect for human 
rights for its citizens, and should enact other laws and 
regulations assuring transparent and accountable governance.
    (c) Waiver.--The President may waive subsection (a) if the 
President determines that it is important to the national 
security interests of the United States to do so.
    (d) Exemption.--The restriction in subsection (a) shall not 
apply to assistance intended to help reform the Palestinian 
Authority and affiliated institutions, or the governing entity, 
in order to help meet the requirements of subsection (a), 
consistent with the provisions of section 7040 of this Act 
(``Limitation on Assistance for the Palestinian Authority'').

           restrictions concerning the palestinian authority

    Sec. 7037.  None of the funds appropriated under titles II 
through VI of this Act may be obligated or expended to create 
in any part of Jerusalem a new office of any department or 
agency of the United States Government for the purpose of 
conducting official United States Government business with the 
Palestinian Authority over Gaza and Jericho or any successor 
Palestinian governing entity provided for in the Israel-PLO 
Declaration of Principles:  Provided, That this restriction 
shall not apply to the acquisition of additional space for the 
existing Consulate General in Jerusalem:  Provided further, 
That meetings between officers and employees of the United 
States and officials of the Palestinian Authority, or any 
successor Palestinian governing entity provided for in the 
Israel-PLO Declaration of Principles, for the purpose of 
conducting official United States Government business with such 
authority should continue to take place in locations other than 
Jerusalem:  Provided further, That as has been true in the 
past, officers and employees of the United States Government 
may continue to meet in Jerusalem on other subjects with 
Palestinians (including those who now occupy positions in the 
Palestinian Authority), have social contacts, and have 
incidental discussions.

 prohibition on assistance to the palestinian broadcasting corporation

    Sec. 7038.  None of the funds appropriated or otherwise 
made available by this Act may be used to provide equipment, 
technical support, consulting services, or any other form of 
assistance to the Palestinian Broadcasting Corporation.

                 assistance for the west bank and gaza

    Sec. 7039. (a) Oversight.--For fiscal year 2012, 30 days 
prior to the initial obligation of funds for the bilateral West 
Bank and Gaza Program, the Secretary of State shall certify to 
the Committees on Appropriations that procedures have been 
established to assure the Comptroller General of the United 
States will have access to appropriate United States financial 
information in order to review the uses of United States 
assistance for the Program funded under the heading ``Economic 
Support Fund'' for the West Bank and Gaza.
    (b) Vetting.--Prior to the obligation of funds appropriated 
by this Act under the heading ``Economic Support Fund'' for 
assistance for the West Bank and Gaza, the Secretary of State 
shall take all appropriate steps to ensure that such assistance 
is not provided to or through any individual, private or 
government entity, or educational institution that the 
Secretary knows or has reason to believe advocates, plans, 
sponsors, engages in, or has engaged in, terrorist activity 
nor, with respect to private entities or educational 
institutions, those that have as a principal officer of the 
entity's governing board or governing board of trustees any 
individual that has been determined to be involved in, or 
advocating terrorist activity or determined to be a member of a 
designated foreign terrorist organization:  Provided, That the 
Secretary of State shall, as appropriate, establish procedures 
specifying the steps to be taken in carrying out this 
subsection and shall terminate assistance to any individual, 
entity, or educational institution which the Secretary has 
determined to be involved in or advocating terrorist activity.
    (c) Prohibition.--
            (1) None of the funds appropriated under titles III 
        through VI of this Act for assistance under the West 
        Bank and Gaza Program may be made available for the 
        purpose of recognizing or otherwise honoring 
        individuals who commit, or have committed acts of 
        terrorism.
            (2) Notwithstanding any other provision of law, 
        none of the funds made available by this or prior 
        appropriations Acts, including funds made available by 
        transfer, may be made available for obligation for 
        security assistance for the West Bank and Gaza until 
        the Secretary of State reports to the Committees on 
        Appropriations on the benchmarks that have been 
        established for security assistance for the West Bank 
        and Gaza and reports on the extent of Palestinian 
        compliance with such benchmarks.
    (d) Audits.--
            (1) The Administrator of the United States Agency 
        for International Development shall ensure that Federal 
        or non-Federal audits of all contractors and grantees, 
        and significant subcontractors and sub-grantees, under 
        the West Bank and Gaza Program, are conducted at least 
        on an annual basis to ensure, among other things, 
        compliance with this section.
            (2) Of the funds appropriated by this Act up to 
        $500,000 may be used by the Office of Inspector General 
        of the United States Agency for International 
        Development for audits, inspections, and other 
        activities in furtherance of the requirements of this 
        subsection:  Provided, That such funds are in addition 
        to funds otherwise available for such purposes.
    (e) Subsequent to the certification specified in subsection 
(a), the Comptroller General of the United States shall conduct 
an audit and an investigation of the treatment, handling, and 
uses of all funds for the bilateral West Bank and Gaza Program, 
including all funds provided as cash transfer assistance, in 
fiscal year 2012 under the heading ``Economic Support Fund'', 
and such audit shall address--
            (1) the extent to which such Program complies with 
        the requirements of subsections (b) and (c); and
            (2) an examination of all programs, projects, and 
        activities carried out under such Program, including 
        both obligations and expenditures.
    (f) Funds made available in this Act for West Bank and Gaza 
shall be subject to the regular notification procedures of the 
Committees on Appropriations.
    (g) Not later than 180 days after enactment of this Act, 
the Secretary of State shall submit a report to the Committees 
on Appropriations updating the report contained in section 2106 
of chapter 2 of title II of Public Law 109-13.

         limitation on assistance for the palestinian authority

    Sec. 7040. (a) Prohibition of Funds.--None of the funds 
appropriated by this Act to carry out the provisions of chapter 
4 of part II of the Foreign Assistance Act of 1961 may be 
obligated or expended with respect to providing funds to the 
Palestinian Authority.
    (b) Waiver.--The prohibition included in subsection (a) 
shall not apply if the President certifies in writing to the 
Speaker of the House of Representatives, the President pro 
tempore of the Senate, and the Committees on Appropriations 
that waiving such prohibition is important to the national 
security interests of the United States.
    (c) Period of Application of Waiver.--Any waiver pursuant 
to subsection (b) shall be effective for no more than a period 
of 6 months at a time and shall not apply beyond 12 months 
after the enactment of this Act.
    (d) Report.--Whenever the waiver authority pursuant to 
subsection (b) is exercised, the President shall submit a 
report to the Committees on Appropriations detailing the 
justification for the waiver, the purposes for which the funds 
will be spent, and the accounting procedures in place to ensure 
that the funds are properly disbursed:  Provided, That the 
report shall also detail the steps the Palestinian Authority 
has taken to arrest terrorists, confiscate weapons and 
dismantle the terrorist infrastructure.
    (e) Certification.--If the President exercises the waiver 
authority under subsection (b), the Secretary of State must 
certify and report to the Committees on Appropriations prior to 
the obligation of funds that the Palestinian Authority has 
established a single treasury account for all Palestinian 
Authority financing and all financing mechanisms flow through 
this account, no parallel financing mechanisms exist outside of 
the Palestinian Authority treasury account, and there is a 
single comprehensive civil service roster and payroll.
    (f) Prohibition to Hamas and the Palestine Liberation 
Organization.--
            (1) None of the funds appropriated in titles III 
        through VI of this Act may be obligated for salaries of 
        personnel of the Palestinian Authority located in Gaza 
        or may be obligated or expended for assistance to Hamas 
        or any entity effectively controlled by Hamas, any 
        power-sharing government of which Hamas is a member, or 
        that results from an agreement with Hamas and over 
        which Hamas exercises undue influence.
            (2) Notwithstanding the limitation of subsection 
        (1), assistance may be provided to a power-sharing 
        government only if the President certifies and reports 
        to the Committees on Appropriations that such 
        government, including all of its ministers or such 
        equivalent, has publicly accepted and is complying with 
        the principles contained in section 620K(b)(1)(A) and 
        (B) of the Foreign Assistance Act of 1961, as amended.
            (3) The President may exercise the authority in 
        section 620K(e) of the Foreign Assistance Act as added 
        by the Palestinian Anti-Terrorism Act of 2006 (Public 
        Law 109-446) with respect to this subsection.
            (4) Whenever the certification pursuant to 
        paragraph (2) is exercised, the Secretary of State 
        shall submit a report to the Committees on 
        Appropriations within 120 days of the certification and 
        every quarter thereafter on whether such government, 
        including all of its ministers or such equivalent are 
        continuing to comply with the principles contained in 
        section 620K(b)(1)(A) and (B) of the Foreign Assistance 
        Act of 1961, as amended:  Provided, That the report 
        shall also detail the amount, purposes and delivery 
        mechanisms for any assistance provided pursuant to the 
        abovementioned certification and a full accounting of 
        any direct support of such government.
            (5) None of the funds appropriated under titles III 
        through VI of this Act may be obligated for assistance 
        for the Palestine Liberation Organization.

                               near east

    Sec. 7041. (a) Egypt.--
            (1)(A) None of the funds appropriated under titles 
        III and IV of this Act and in prior Acts making 
        appropriations for the Department of State, foreign 
        operations, and related programs may be made available 
        for assistance for the central Government of Egypt 
        unless the Secretary of State certifies to the 
        Committees on Appropriations that such government is 
        meeting its obligations under the 1979 Egypt-Israel 
        Peace Treaty.
            (B) Prior to the obligation of funds appropriated 
        by this Act under the heading ``Foreign Military 
        Financing Program'', the Secretary of State shall 
        certify to the Committees on Appropriations that the 
        Government of Egypt is supporting the transition to 
        civilian government including holding free and fair 
        elections; implementing policies to protect freedom of 
        expression, association, and religion, and due process 
        of law.
            (C) The Secretary of State may waive the 
        requirements of paragraphs (A) and (B) if the Secretary 
        determines and reports to the Committees on 
        Appropriations that to do so is in the national 
        security interest of the United States:  Provided, That 
        such determination and report shall include a detailed 
        justification for such waiver.
            (2) The Secretary of State shall consult with the 
        Committees on Appropriations prior to the transfer of 
        funds appropriated by this Act under the heading 
        ``Foreign Military Financing Program'' to an interest-
        bearing account for Egypt.
            (3) Funds appropriated under the heading ``Economic 
        Support Fund'' in this Act and prior Acts (including 
        previously obligated funds), may be made available, 
        notwithstanding any other provision of law, for an 
        Egypt initiative, particularly for the specific costs 
        referred to in the authorities referenced herein, for 
        the purpose of improving the lives of the Egyptian 
        people through education, investment in jobs and skills 
        (including secondary and vocational education), and 
        access to finance for small and medium enterprises with 
        emphasis on expanding opportunities for women, as well 
        as other appropriate market-reform and economic growth 
        activities:  Provided, That the provisions of title VI 
        of Public Law 103-306 pertaining to funds for Jordan 
        shall be deemed to apply to any such initiative and to 
        funds available under this section to carry out such an 
        initiative in the same manner as such cited provisions 
        apply to Jordan, subject to the following provisos:  
        Provided further, That subparagraph (b)(2) shall be 
        deemed not to apply and the amount made available 
        pursuant to this section as set forth in the joint 
        explanatory statement accompanying this Act and 
        incorporated herein shall be deemed to apply in lieu of 
        the figure in subparagraph (b)(1):  Provided further, 
        That the authority to reduce debt shall include 
        authority to exchange an outstanding obligation for a 
        new obligation and to permit both principal and 
        interest payments on new obligations to be deposited 
        into a fund established for such purpose, to be used in 
        accordance with purposes set forth in an agreement 
        between the United States and Egypt:  Provided further, 
        That the authority of this paragraph shall only be made 
        available after the Secretary of State certifies to the 
        Committees on Appropriations that the Government of 
        Egypt is implementing economic development policies 
        consistent with the objectives of such initiative:  
        Provided further, That funds made available for such 
        initiative shall be subject to the regular notification 
        procedures of the Committees on Appropriations.
    (b) Enterprise Funds.--Up to $60,000,000 of funds 
appropriated under the heading ``Economic Support Fund'' in 
this Act and prior acts making appropriations for the 
Department of State, foreign operations, and related programs 
(and including previously obligated funds), that are available 
for assistance for Egypt, up to $20,000,000 of such funds that 
are available for assistance for Tunisia, and up to $60,000,000 
of such funds that are available for assistance for Jordan, 
respectively, may be made available notwithstanding any other 
provision of law, to establish and operate one or more 
enterprise funds for Egypt, Tunisia, and Jordan, respectively:  
Provided, That provisions contained in section 201 of the 
Support for East European Democracy (SEED) Act of 1989 
(excluding the provisions of subsections (b), (c), (d)(3), and 
(f) of that section), shall be deemed to apply to any such fund 
or funds, and to funds made available to such fund or funds, in 
order to enable such fund or funds to provide assistance for 
purposes of this section:  Provided further, That section 7077 
of division F of Public Law 111-117 shall apply to any such 
fund or funds established pursuant to this subsection:  
Provided further, That not more than 5 percent of the funds 
made available pursuant to this subsection should be available 
for administrative expenses of such fund or funds and not later 
than 1 year after the date of enactment of this Act, and 
annually thereafter until each fund is dissolved, each fund 
shall submit to the Committees on Appropriations a report 
detailing the administrative expenses of such fund:  Provided 
further, That each fund shall be governed by a Board of 
Directors comprised of six private United States citizens and 
three private citizens of each country, respectively, who have 
had international business careers and demonstrated expertise 
in international and emerging markets investment activities:  
Provided further, That not later than 1 year after the entry 
into force of the initial grant agreement under this section 
and annually thereafter, each fund shall prepare and make 
available to the public on an Internet Web site administered by 
the fund a detailed report on the fund's activities during the 
previous year:  Provided further, That the authority of any 
such fund or funds to provide assistance shall cease to be 
effective on December 31, 2022:  Provided further, That funds 
made available pursuant to this section shall be subject to 
prior consultation with the Committees on Appropriations.
    (c) Iran.--
            (1) It is the policy of the United States to seek 
        to prevent Iran from achieving the capability to 
        produce or otherwise manufacture nuclear weapons, 
        including by supporting international diplomatic 
        efforts to halt Iran's uranium enrichment program, and 
        the President should fully implement and enforce the 
        Iran Sanctions Act of 1996, as amended (Public Law 104-
        172) as a means of encouraging foreign governments to 
        require state-owned and private entities to cease all 
        investment in, and support of, Iran's energy sector and 
        all exports of refined petroleum products to Iran.
            (2) None of the funds appropriated or otherwise 
        made available in this Act under the heading ``Export-
        Import Bank of the United States'' may be used by the 
        Export-Import Bank of the United States to provide any 
        new financing (including loans, guarantees, other 
        credits, insurance, and reinsurance) to any person that 
        is subject to sanctions under paragraph (2) or (3) of 
        section 5(a) of the Iran Sanctions Act of 1996 (Public 
        Law 104-172).
            (3) The reporting requirements in section 7043(c) 
        in division F of Public Law 111-117 shall continue in 
        effect during fiscal year 2012 as if part of this Act:  
        Provided, That the date in subsection (c)(1) shall be 
        deemed to be ``September 30, 2012''.
    (d) Iraq.--
            (1) Funds appropriated or otherwise made available 
        by this Act for assistance for Iraq shall be made 
        available in a manner that utilizes Iraqi entities to 
        the maximum extent practicable, and in accordance with 
        the cost-matching and other requirements in the 
        Department of State's April 9, 2009 ``Guidelines for 
        Government of Iraq Financial Participation in United 
        States Government-Funded Civilian Foreign Assistance 
        Programs and Projects''.
            (2) None of the funds appropriated or otherwise 
        made available by this Act may be used by the 
        Government of the United States to enter into a 
        permanent basing rights agreement between the United 
        States and Iraq.
            (3) Funds appropriated by this Act under titles III 
        and VI for assistance for Iraq may be made available 
        notwithstanding any other provision of law, except for 
        this subsection and section 620M of the Foreign 
        Assistance Act of 1961, as amended by this Act.
            (4) Funds appropriated by this Act for assistance 
        for Iraq under the heading ``Economic Support Fund'' 
        shall be made available for programs and activities for 
        which policy justifications and decisions shall be the 
        responsibility of the United States Chief of Mission in 
        Iraq.
            (5)(A) Of the funds appropriated under the heading 
        ``Diplomatic and Consular Programs'' in title VIII of 
        this Act that are made available for security and 
        provincial operations for the Department of State in 
        Iraq, 15 percent shall be withheld from obligation 
        until the Secretary of State submits a report to the 
        Committees on Appropriations detailing--
                    (i) an assessment of the security 
                environment in Iraq with respect to facilities 
                and personnel, and the anticipated impact of 
                the withdrawal of United States Armed Forces in 
                Iraq on such environment, on a facility-by-
                facility basis;
                    (ii) an assessment of the security 
                requirements at each facility, and the 
                estimated cost of sustaining such requirements 
                over the next 3 fiscal years;
                    (iii) the types of military equipment to be 
                used to meet the security requirements at each 
                facility;
                    (iv) the number of United States Government 
                personnel anticipated at each facility, a 
                general description of the duties of such 
                personnel, and the number and cost of 
                contractors anticipated at each facility 
                required for operational and other support; and
                    (v) a description of contingency plans, 
                including evacuation, at each facility for 
                United States Government personnel and 
                contractors.
            (B) The report required by this paragraph may be 
        submitted in classified form, if necessary.
    (e) Lebanon.--
            (1) None of the funds appropriated by this Act may 
        be made available for the Lebanese Armed Forces (LAF) 
        if the LAF is controlled by a foreign terrorist 
        organization, as defined by section 219 of the 
        Immigration and Nationality Act.
            (2) Funds appropriated by this Act under the 
        heading ``Foreign Military Financing Program'' for 
        assistance for Lebanon may be made available only to 
        professionalize the LAF and to strengthen border 
        security and combat terrorism, including training and 
        equipping the LAF to secure Lebanon's borders, 
        interdicting arms shipments, preventing the use of 
        Lebanon as a safe haven for terrorist groups, and to 
        implement United Nations Security Council Resolution 
        1701:  Provided, That funds may not be made available 
        for obligation until the Secretary of State submits a 
        detailed spend plan to the Committees on 
        Appropriations, except such plan may not be considered 
        as meeting the notification requirements under section 
        7015 of this Act or under section 634A of the Foreign 
        Assistance Act of 1961, and shall be submitted not 
        later than September 1, 2012:  Provided further, That 
        the Secretary of State shall regularly consult with the 
        Committees on Appropriations on the activities of the 
        LAF and assistance provided by the United States:  
        Provided further, That not later than 90 days after 
        enactment of this Act, the Secretary of State shall 
        submit a report to the Committees on Appropriations 
        detailing the actions taken to ensure that equipment 
        provided to the LAF is used for intended purposes.
            (3) Funds appropriated by this Act under titles III 
        and VI for assistance for Lebanon may be made available 
        notwithstanding any other provision of law, except for 
        this subsection and section 620M of the Foreign 
        Assistance Act of 1961, as amended by this Act.
    (f) Libya.--Of the funds appropriated by this Act and prior 
Acts making appropriations for the Department of State, foreign 
operations, and related programs, up to $20,000,000 should be 
made available to promote democracy, transparent and 
accountable governance, human rights, transitional justice, and 
the rule of law in Libya, and for exchange programs between 
Libyan and American students and professionals:  Provided, That 
such funds shall be made available, to the maximum extent 
practicable, on a cost matching basis:  Provided further, That 
none of the funds appropriated by this Act may be made 
available for assistance for Libya for infrastructure projects, 
except on a loan basis with terms favorable to the United 
States, and only following consultation with the Committees on 
Appropriations.
    (g) Morocco.--Prior to the obligation of funds appropriated 
by this Act under the heading ``Foreign Military Financing 
Program'' for assistance for Morocco, the Secretary of State 
shall submit a report to the Committees on Appropriations on 
steps being taken by the Government of Morocco to--
            (1) respect the right of individuals to peacefully 
        express their opinions regarding the status and future 
        of the Western Sahara and to document violations of 
        human rights; and
            (2) provide unimpeded access to human rights 
        organizations, journalists, and representatives of 
        foreign governments to the Western Sahara.
    (h) Syria.--Funds appropriated by this Act shall be made 
available to promote democracy and protect human rights in 
Syria, a portion of which should be programmed in consultation 
with governments in the region, as appropriate.
    (i) Yemen.--None of the funds appropriated by this Act may 
be made available for the Armed Forces of Yemen if such forces 
are controlled by a foreign terrorist organization, as defined 
by section 219 of the Immigration and Nationality Act.

                                 serbia

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

                                 africa

    Sec. 7043. (a) Conflict Minerals.--
            (1) Funds appropriated by this Act under the 
        heading ``Foreign Military Financing Program'' may be 
        made available for assistance for Rwanda or Uganda 
        unless the Secretary of State has credible information 
        that the Government of Rwanda or the Government of 
        Uganda is providing political, military or financial 
        support to armed groups in the Democratic Republic of 
        the Congo (DRC) that are involved in the illegal 
        exportation of minerals out of the DRC or have violated 
        human rights.
            (2) The restriction in paragraph (1) shall not 
        apply to assistance to improve border controls to 
        prevent the illegal exportation of minerals out of the 
        DRC by such groups, to protect humanitarian relief 
        efforts, or to support the training and deployment of 
        members of the Rwandan or Ugandan militaries in 
        international peacekeeping operations or to conduct 
        operations against the Lord's Resistance Army.
    (b) Counterterrorism Programs.--Of the funds appropriated 
by this Act, not less than $52,800,000 should be made available 
for the Trans-Sahara Counter-terrorism Partnership program, and 
not less than $21,300,000 should be made available for the 
Partnership for Regional East Africa Counterterrorism program.
    (c) Crisis Response.--Notwithstanding any other provision 
of law, up to $10,000,000 of the funds appropriated by this Act 
under the heading ``Global Health Programs'' for HIV/AIDS 
activities may be transferred to, and merged with, funds 
appropriated under the headings ``Economic Support Fund'' and 
``Transition Initiatives'' to respond to unanticipated crises 
in Africa, except that funds shall not be transferred unless 
the Secretary of State certifies to the Committees on 
Appropriations that no individual currently on anti-retroviral 
therapy supported by such funds shall be negatively impacted by 
the transfer of such funds:  Provided, That the authority of 
this subsection shall be subject to prior consultation with the 
Committees on Appropriations.
    (d) Expanded International Military Education and 
Training.--
            (1) Funds appropriated under the heading 
        ``International Military Education and Training'' 
        (IMET) in this Act that are made available for 
        assistance for Angola, Cameroon, Central African 
        Republic, Chad, Cote d'Ivoire, Guinea and Zimbabwe may 
        be made available only for training related to 
        international peacekeeping operations and expanded 
        IMET:  Provided, That the limitation included in this 
        paragraph shall not apply to courses that support 
        training in maritime security for Angola and Cameroon.
            (2) None of the funds appropriated under the 
        heading ``International Military Education and 
        Training'' in this Act may be made available for 
        assistance for Equatorial Guinea or Somalia.
    (e) Ethiopia.--
            (1) Funds appropriated by this Act under the 
        heading ``Foreign Military Financing Program'' that are 
        available for assistance for Ethiopia shall not be made 
        available unless the Secretary of State--
                    (A) certifies to the Committees on 
                Appropriations that the Government of Ethiopia 
                is implementing policies to respect due process 
                and freedoms of expression and association, and 
                is permitting access to human rights and 
                humanitarian organizations to the Somalia 
                region of Ethiopia; and
                    (B) submits a report to the Committees on 
                Appropriations on the types and amounts of 
                United States training and equipment proposed 
                to be provided to the Ethiopian military 
                including steps that will be taken to ensure 
                that such assistance is not provided to 
                military units or personnel that have violated 
                human rights, and steps taken by the Government 
                of Ethiopia to investigate and prosecute 
                members of the Ethiopian military who have been 
                credibly alleged to have violated such rights.
            (2) The restriction in paragraph (1) shall not 
        apply to assistance to Ethiopian military efforts in 
        support of international peacekeeping operations, 
        counterterrorism operations along the border with 
        Somalia, and for assistance to the Ethiopian Defense 
        Command and Staff College.
    (f) Sudan Limitation on Assistance.--
            (1) Notwithstanding any other provision of law, 
        none of the funds appropriated by this Act may be made 
        available for assistance for the Government of Sudan.
            (2) None of the funds appropriated by this Act may 
        be made available for the cost, as defined in section 
        502 of the Congressional Budget Act of 1974, of 
        modifying loans and loan guarantees held by the 
        Government of Sudan, including the cost of selling, 
        reducing, or canceling amounts owed to the United 
        States, and modifying concessional loans, guarantees, 
        and credit agreements.
            (3) The limitations of paragraphs (1) and (2) shall 
        not apply to--
                    (A) humanitarian assistance;
                    (B) assistance for the Darfur region, 
                Southern Kordofan/Nuba Mountains State, Blue 
                Nile State, other marginalized areas and 
                populations in Sudan, and Abyei; and
                    (C) assistance to support implementation of 
                the Comprehensive Peace Agreement (CPA), mutual 
                arrangements related to post-referendum issues 
                associated with the CPA, or to promote peace 
                and stability between Sudan and South Sudan, or 
                any other internationally recognized viable 
                peace agreement in Sudan.
    (g) South Sudan.--
            (1) Funds appropriated by this Act should be made 
        available for assistance for South Sudan including to 
        increase agricultural productivity, expand educational 
        opportunities especially for girls, strengthen 
        democratic institutions and the rule of law, and 
        enhance the capacity of the Federal Legislative 
        Assembly to conduct oversight over government revenues 
        and expenditures.
            (2) Not less than 15 days prior to the obligation 
        of funds appropriated by this Act that are available 
        for assistance for the Government of South Sudan, the 
        Secretary of State shall submit a report to the 
        Committees on Appropriations detailing the extent to 
        which the Government of South Sudan is--
                    (A) supporting freedom of expression, the 
                establishment of democratic institutions 
                including an independent judiciary, parliament, 
                and security forces that are accountable to 
                civilian authority; and
                    (B) investigating and punishing members of 
                security forces who have violated human rights.
            (3) The Secretary of State shall seek to obtain 
        regular audits of the financial accounts of the 
        Government of South Sudan to ensure transparency and 
        accountability of funds, including revenues from the 
        extraction of oil and gas, and the timely, public 
        disclosure of such audits:  Provided, That the 
        Secretary should assist the Government of South Sudan 
        in conducting such audits, and by providing technical 
        assistance to enhance the capacity of the National 
        Auditor Chamber to carry out its responsibilities, and 
        shall submit a report not later than 90 days after 
        enactment of this Act to the Committees on 
        Appropriations detailing the steps that will be taken 
        by the Government of South Sudan, which are additional 
        to those taken in the previous fiscal year, to improve 
        resource management and ensure transparency and 
        accountability of funds.
    (h) Uganda.--Funds appropriated by this Act should be made 
available for programs and activities in areas affected by the 
Lord's Resistance Army.
    (i) War Crimes in Africa.--
            (1) The Congress reaffirms its support for the 
        efforts of the International Criminal Tribunal for 
        Rwanda (ICTR) and the Special Court for Sierra Leone 
        (SCSL) to bring to justice individuals responsible for 
        war crimes and crimes against humanity in a timely 
        manner.
            (2) Funds appropriated by this Act may be made 
        available for assistance for the central government of 
        a country in which individuals indicted by the ICTR and 
        the SCSL are credibly alleged to be living, if the 
        Secretary of State determines and reports to the 
        Committees on Appropriations that such government is 
        cooperating with the ICTR and the SCSL, including the 
        apprehension, surrender, and transfer of indictees in a 
        timely manner:  Provided, That this subsection shall 
        not apply to assistance provided under section 551 of 
        the Foreign Assistance Act of 1961 or to project 
        assistance under title VI of this Act:  Provided 
        further, That the United States shall use its voice and 
        vote in the United Nations Security Council to fully 
        support efforts by the ICTR and the SCSL to bring to 
        justice individuals indicted by such tribunals in a 
        timely manner.
            (3) The prohibition in paragraph (2) may be waived 
        on a country-by-country basis if the President 
        determines that doing so is in the national security 
        interest of the United States:  Provided, That prior to 
        exercising such waiver authority, the President shall 
        submit a report to the Committees on Appropriations, in 
        classified form if necessary, on--
                    (A) the steps being taken to obtain the 
                cooperation of the government in apprehending 
                and surrendering the indictee in question to 
                the court of jurisdiction;
                    (B) a strategy, including a timeline, for 
                bringing the indictee before such court; and
                    (C) the justification for exercising the 
                waiver authority.
    (j) Zimbabwe.--
            (1) The Secretary of the Treasury shall instruct 
        the United States executive director of each 
        international financial institution to vote against any 
        extension by the respective institution of any loans or 
        grants to the Government of Zimbabwe, except to meet 
        basic human needs or to promote democracy, unless the 
        Secretary of State determines and reports in writing to 
        the Committees on Appropriations that the rule of law 
        has been restored in Zimbabwe, including respect for 
        ownership and title to property, freedom of speech and 
        association.
            (2) None of the funds appropriated by this Act 
        shall be made available for assistance for the central 
        Government of Zimbabwe, except for health, education, 
        and macroeconomic growth assistance, unless the 
        Secretary of State makes the determination required in 
        paragraph (1).

                                  asia

    Sec. 7044. (a) Tibet.--
            (1) The Secretary of the Treasury should instruct 
        the United States executive director of each 
        international financial institution to use the voice 
        and vote of the United States to support projects in 
        Tibet if such projects do not provide incentives for 
        the migration and settlement of non-Tibetans into Tibet 
        or facilitate the transfer of ownership of Tibetan land 
        and natural resources to non-Tibetans; are based on a 
        thorough needs-assessment; foster self-sufficiency of 
        the Tibetan people and respect Tibetan culture and 
        traditions; and are subject to effective monitoring.
            (2) Notwithstanding any other provision of law, 
        funds appropriated by this Act under the heading 
        ``Economic Support Fund'' shall be made available to 
        nongovernmental organizations to support activities 
        which preserve cultural traditions and promote 
        sustainable development and environmental conservation 
        in Tibetan communities in the Tibetan Autonomous Region 
        and in other Tibetan communities in China.
    (b) Burma.--
            (1) The Secretary of the Treasury shall instruct 
        the United States executive directors of the 
        appropriate international financial institutions to 
        vote against any loan, agreement, or other financial 
        support for Burma.
            (2) Funds appropriated by this Act under the 
        heading ``Economic Support Fund'' may be made available 
        for assistance for Burma notwithstanding any other 
        provision of law, except no such funds shall be made 
        available to the State Peace and Development Council, 
        or its successor, and its affiliated organizations:  
        Provided, That such funds shall be made available for 
        programs along Burma's borders and for Burmese groups 
        and organizations located outside Burma, and may be 
        made available to support programs in Burma:  Provided 
        further, That in addition to assistance for Burmese 
        refugees appropriated under the heading ``Migration and 
        Refugee Assistance'' in this Act, funds shall be made 
        available for community-based organizations operating 
        in Thailand to provide food, medical, and other 
        humanitarian assistance to internally displaced persons 
        in eastern Burma:  Provided further, That any new 
        program or activity initiated with funds made available 
        by this Act shall be subject to prior consultation with 
        the Committees on Appropriations, and all such funds 
        shall be subject to the regular notification procedures 
        of the Committees on Appropriations.
    (c) Cambodia.--Funds made available in this Act for a 
United States contribution to a Khmer Rouge tribunal may only 
be made available if the Secretary of State certifies to the 
Committees on Appropriations that the United Nations and the 
Government of Cambodia are taking credible steps to address 
allegations of corruption and mismanagement within the 
tribunal.
    (d) Indonesia.--Of the funds appropriated by this Act under 
the heading ``Foreign Military Financing Program'' that are 
available for assistance for Indonesia, $2,000,000 may not be 
obligated until the Secretary of State submits to the 
Committees on Appropriations the report on Indonesia required 
under such heading in Senate Report 112-85.
    (e) North Korea.--None of the funds made available by this 
Act under the heading ``Economic Support Fund'' may be made 
available for energy-related assistance for North Korea.
    (f) People's Republic of China.--
            (1) None of the funds appropriated under the 
        heading ``Diplomatic and Consular Programs'' in this 
        Act may be obligated or expended for processing 
        licenses for the export of satellites of United States 
        origin (including commercial satellites and satellite 
        components) to the People's Republic of China unless, 
        at least 15 days in advance, the Committees on 
        Appropriations are notified of such proposed action.
            (2) The terms and requirements of section 620(h) of 
        the Foreign Assistance Act of 1961 shall apply to 
        foreign assistance projects or activities of the 
        People's Liberation Army (PLA) of the People's Republic 
        of China, to include such projects or activities by any 
        entity that is owned or controlled by, or an affiliate 
        of, the PLA:  Provided, That none of the funds 
        appropriated or otherwise made available pursuant to 
        this Act may be used to finance any grant, contract, or 
        cooperative agreement with the PLA, or any entity that 
        the Secretary of State has reason to believe is owned 
        or controlled by, or an affiliate of, the PLA.
    (g) Philippines.--Of the funds appropriated by this Act 
under the heading ``Foreign Military Financing Program'' that 
are available for assistance for the Philippines, $3,000,000 
may not be obligated until the Secretary of State submits to 
the Committees on Appropriations the report on the Philippines 
required under such heading in Senate Report 112-85.
    (h) Vietnam.--Funds appropriated under the heading 
``Economic Support Fund'' shall be made available for 
remediation of dioxin contaminated sites in Vietnam and may be 
made available for assistance for the Government of Vietnam, 
including the military, for such purposes, and funds under the 
heading ``Development Assistance'' shall be made available for 
related health/disability activities.

                           western hemisphere

    Sec. 7045. (a) Colombia.--
            (1) Funds appropriated by this Act and made 
        available to the Department of State for assistance to 
        the Government of Colombia may be used to support a 
        unified campaign against narcotics trafficking, illegal 
        armed groups, and organizations designated as Foreign 
        Terrorist Organizations and successor organizations, 
        and to take actions to protect human health and welfare 
        in emergency circumstances, including undertaking 
        rescue operations:  Provided, That no United States 
        Armed Forces personnel or United States civilian 
        contractor employed by the United States will 
        participate in any combat operation in connection with 
        assistance made available by this Act for Colombia:  
        Provided further, That rotary and fixed wing aircraft 
        supported with funds appropriated under the heading 
        ``International Narcotics Control and Law Enforcement'' 
        for assistance for Colombia may be used for aerial or 
        manual drug eradication and interdiction including to 
        transport personnel and supplies and to provide 
        security for such operations:  Provided further, That 
        such aircraft may also be used to provide transport in 
        support of alternative development programs and 
        investigations by civilian judicial authorities:  
        Provided further, That the President shall ensure that 
        if any helicopter procured with funds in this Act or 
        prior Acts making appropriations for the Department of 
        State, foreign operations, and related programs, is 
        used to aid or abet the operations of any illegal self-
        defense group, paramilitary organization, or other 
        illegal armed group in Colombia, such helicopter shall 
        be immediately returned to the United States:  Provided 
        further, That none of the funds appropriated by this 
        Act or prior Acts making appropriations for the 
        Department of State, foreign operations, and related 
        programs may be made available for assistance for the 
        Colombian Departamento Administrativo de Seguridad or 
        successor organizations:  Provided further, That none 
        of the funds appropriated by this Act for assistance 
        for Colombia shall be made available for the 
        cultivation or processing of African oil palm, if doing 
        so would contribute to significant loss of native 
        species, disrupt or contaminate natural water sources, 
        reduce local food security, or cause the forced 
        displacement of local people:  Provided further, That 
        any complaints of harm to health or licit crops caused 
        by aerial eradication shall be thoroughly investigated 
        and evaluated, and fair compensation paid in a timely 
        manner for meritorious claims:  Provided further, That 
        funds may not be made available for aerial eradication 
        unless programs are being implemented by the United 
        States Agency for International Development, the 
        Government of Colombia, or other organizations, in 
        consultation and coordination with local communities, 
        to provide alternative sources of income in areas where 
        security permits for small-acreage growers and 
        communities whose illicit crops are targeted for aerial 
        eradication:  Provided further, That funds appropriated 
        by this Act may not be used for aerial eradication in 
        Colombia's national parks or reserves unless the 
        Secretary of State certifies to the Committees on 
        Appropriations that there are no effective alternatives 
        and the eradication is in accordance with Colombian 
        laws.
            (2) Colombian armed forces.--Of the funds 
        appropriated by this Act that are available for 
        assistance for the Colombian Armed Forces, 25 percent 
        may be obligated only after the Secretary of State 
        consults with, and subsequently certifies and submits a 
        report to, the Committees on Appropriations that the 
        Government of Colombia and Colombian Armed Forces are 
        meeting the conditions that appear under this section 
        in the joint explanatory statement accompanying this 
        Act:  Provided, That the requirement to withhold funds 
        from obligation shall not apply with respect to funds 
        made available under the heading ``International 
        Narcotics Control and Law Enforcement'' in this Act for 
        continued support for the Critical Flight Safety 
        Program or for any alternative development programs in 
        Colombia administered by the Bureau of International 
        Narcotics and Law Enforcement Affairs of the Department 
        of State:  Provided further, That not less than 30 days 
        prior to making the certification the Secretary of 
        State shall consult with Colombian and international 
        human rights organizations.
            (3) Illegal armed groups.--
                    (A) Denial of visas.--Subject to paragraph 
                (B), the Secretary of State shall not issue a 
                visa to any alien who the Secretary determines, 
                based on credible information--
                            (i) has willfully provided any 
                        support to or benefitted from the 
                        Revolutionary Armed Forces of Colombia 
                        (FARC), the National Liberation Army 
                        (ELN), the United Self-Defense Forces 
                        of Colombia (AUC), or other illegal 
                        armed groups, including taking actions 
                        or failing to take actions which allow, 
                        facilitate, or otherwise foster the 
                        activities of such groups; or
                            (ii) has committed, ordered, 
                        incited, assisted, or otherwise 
                        participated in the commission of a 
                        violation of human rights in Colombia.
                    (B) Waiver.--Paragraph (A) shall not apply 
                if the Secretary of State certifies to the 
                Committees on Appropriations, on a case-by-case 
                basis, that the issuance of a visa to the alien 
                is necessary to support the peace process in 
                Colombia or for urgent humanitarian reasons.
    (b) Guatemala.--Funds appropriated by this Act under the 
headings ``International Military Education and Training'' 
(IMET) and ``Foreign Military Financing Program'' that are 
available for assistance for Guatemala may be made available 
only for the Guatemalan Air Force, Navy, and Army Corps of 
Engineers:  Provided, That expanded IMET may be made available 
for assistance for the Guatemalan Army.
    (c) Haiti.--The Government of Haiti shall be eligible to 
purchase defense articles and services under the Arms Export 
Control Act (22 U.S.C. 2751 et seq.) for the Coast Guard.
    (d) Honduras.--Prior to the obligation of 20 percent of the 
funds appropriated by this Act that are available for 
assistance for Honduran military and police forces, the 
Secretary of State shall report in writing to the Committees on 
Appropriations that: the Government of Honduras is implementing 
policies to protect freedom of expression and association, and 
due process of law; and is investigating and prosecuting in the 
civilian justice system, in accordance with Honduran and 
international law, military and police personnel who are 
credibly alleged to have violated human rights, and the 
Honduran military and police are cooperating with civilian 
judicial authorities in such cases:  Provided, That the 
restriction in this subsection shall not apply to assistance to 
promote transparency, anti-corruption and the rule of law 
within the military and police forces.
    (e) Mexico.--Prior to the obligation of 15 percent of the 
funds appropriated by this Act that are available for 
assistance for Mexican military and police forces, the 
Secretary of State shall report in writing to the Committees on 
Appropriations that: the Government of Mexico is investigating 
and prosecuting in the civilian justice system, in accordance 
with Mexican and international law, military and police 
personnel who are credibly alleged to have violated human 
rights; is enforcing prohibitions on the use of testimony 
obtained through torture; and the Mexican military and police 
are cooperating with civilian judicial authorities in such 
cases:  Provided, That the restriction in this subsection shall 
not apply to assistance to promote transparency, anti-
corruption and the rule of law within the military and police 
forces.
    (f) Trade Capacity.--Of the funds appropriated by this Act, 
not less than $10,000,000 under the heading ``Development 
Assistance'' and not less than $10,000,000 under the heading 
``Economic Support Fund'' shall be made available for labor and 
environmental capacity building activities relating to free 
trade agreements with countries of Central America, Peru and 
the Dominican Republic.
    (g) Aircraft Operations and Maintenance.--To the maximum 
extent practicable, the costs of operations and maintenance, 
including fuel, of aircraft funded by this Act should be borne 
by the recipient country.

                               south asia

    Sec. 7046. (a) Afghanistan.--
            (1) Limitation.--None of the funds appropriated or 
        otherwise made available by this Act under the headings 
        ``Economic Support Fund'' and ``International Narcotics 
        Control and Law Enforcement'' may be obligated for 
        assistance for the Government of Afghanistan until the 
        Secretary of State, in consultation with the 
        Administrator of the United States Agency for 
        International Development (USAID), certifies to the 
        Committees on Appropriations that--
                    (A) The funds will be used to design and 
                support programs in accordance with the June 
                2011 ``Administrator's Sustainability Guidance 
                for USAID in Afghanistan''.
                    (B) The Government of Afghanistan is--
                            (i) reducing corruption and 
                        improving governance, including by 
                        investigating, prosecuting, sanctioning 
                        or removing corrupt officials from 
                        office and implementing financial 
                        transparency and accountability 
                        measures for government institutions 
                        and officials (including the Central 
                        Bank) as well as conducting oversight 
                        of public resources;
                            (ii) taking credible steps to 
                        protect the human rights of Afghan 
                        women; and
                            (iii) taking significant steps to 
                        facilitate active public participation 
                        in governance and oversight.
                    (C) Funds will be used to support and 
                strengthen the capacity of Afghan public and 
                private institutions and entities to reduce 
                corruption and to improve transparency and 
                accountability of national, provincial and 
                local governments.
                    (D) Representatives of Afghan national, 
                provincial or local governments, and local 
                communities and civil society organizations, 
                including women-led organizations, will be 
                consulted and participate in the design of 
                programs, projects, and activities, including 
                participation in implementation and oversight, 
                and the development of specific benchmarks to 
                measure progress and outcomes.
            (2) Assistance and operations.--
                    (A) Funds appropriated or otherwise made 
                available by this Act for assistance for 
                Afghanistan may be made available as a United 
                States contribution to the Afghanistan 
                Reconstruction Trust Fund (ARTF) unless the 
                Secretary of State determines and reports to 
                the Committees on Appropriations that the World 
                Bank Monitoring Agent of the ARTF is unable to 
                conduct its financial control and audit 
                responsibilities due to restrictions on 
                security personnel by the Government of 
                Afghanistan.
                    (B) Funds appropriated under the headings 
                ``Economic Support Fund'' and ``International 
                Narcotics Control and Law Enforcement'' in this 
                Act that are available for assistance for 
                Afghanistan--
                            (i) shall be made available, to the 
                        maximum extent practicable, in a manner 
                        that emphasizes the participation of 
                        Afghan women, and directly improves the 
                        security, economic and social well-
                        being, and political status, and 
                        protects the rights of, Afghan women 
                        and girls and complies with sections 
                        7060 and 7061 of this Act, including 
                        support for the Afghan Independent 
                        Human Rights Commission, the Afghan 
                        Ministry of Women's Affairs, and women-
                        led organizations;
                            (ii) may be made available for a 
                        United States contribution to an 
                        internationally managed fund to support 
                        the reconciliation with and 
                        disarmament, demobilization and 
                        reintegration into Afghan society of 
                        former combatants who have renounced 
                        violence against the Government of 
                        Afghanistan:  Provided, That funds may 
                        be made available to support 
                        reconciliation and reintegration 
                        activities only if:
                                    (I) Afghan women are 
                                participating at national, 
                                provincial and local levels of 
                                government in the design, 
                                policy formulation and 
                                implementation of the 
                                reconciliation or reintegration 
                                process, and such process 
                                upholds steps taken by the 
                                Government of Afghanistan to 
                                protect the human rights of 
                                Afghan women; and
                                    (II) such funds will not be 
                                used to support any pardon or 
                                immunity from prosecution, or 
                                any position in the Government 
                                of Afghanistan or security 
                                forces, for any leader of an 
                                armed group responsible for 
                                crimes against humanity, war 
                                crimes, or acts of terrorism; 
                                and
                            (iii) may be made available for a 
                        United States contribution to the North 
                        Atlantic Treaty Organization/
                        International Security Assistance Force 
                        Post-Operations Humanitarian Relief 
                        Fund.
                    (C) The authority contained in section 
                1102(c) of Public Law 111-32 shall continue in 
                effect during fiscal year 2012 and shall apply 
                as if part of this Act.
                    (D)(i) Of the funds appropriated by this 
                Act that are made available for assistance for 
                Afghanistan, not less than $50,000,000 shall be 
                made available for rule of law programs:  
                Provided, That decisions on the uses of such 
                funds shall be the responsibility of the 
                Coordinator for Rule of Law, in consultation 
                with the Interagency Planning and 
                Implementation Team, at the United States 
                Embassy in Kabul, Afghanistan:  Provided 
                further, That $250,000 of such funds shall be 
                transferred to, and merged with, funds 
                appropriated under the heading ``Office of 
                Inspector General'' in title I of this Act for 
                oversight of such programs and activities.
                    (ii) The Coordinator for Rule of Law at the 
                United States Embassy in Kabul, Afghanistan 
                shall be consulted on the use of all funds 
                appropriated by this Act for rule of law 
                programs in Afghanistan.
                    (E) None of the funds made available by 
                this Act may be used by the United States 
                Government to enter into a permanent basing 
                rights agreement between the United States and 
                Afghanistan.
                    (F) Any significant modification to the 
                scope, objectives or implementation mechanisms 
                of United States assistance programs in 
                Afghanistan shall be subject to prior 
                consultation with, and the regular notification 
                procedures of, the Committees on 
                Appropriations, except that the prior 
                consultation requirement may be waived in a 
                manner consistent with section 7015(e) of this 
                Act.
                    (G) Not later than 90 days after enactment 
                of this Act, the Secretary of State shall 
                report to the Committees on Appropriations on 
                the International Monetary Fund (IMF) country 
                program for Afghanistan including actions 
                requested by the IMF and taken by the 
                Government of Afghanistan to address the Kabul 
                Bank crisis and restore confidence in 
                Afghanistan's banking sector.
                    (H) Funds appropriated under titles III 
                through VI of this Act that are made available 
                for assistance for Afghanistan may be made 
                available notwithstanding section 7012 of this 
                Act or any similar provision of law and section 
                660 of the Foreign Assistance Act of 1961.
            (3) Oversight.--The Special Inspector General for 
        Afghanistan Reconstruction, the Inspector General of 
        the Department of State and the Inspector General of 
        USAID, shall jointly develop and submit to the 
        Committees on Appropriations within 45 days of 
        enactment of this Act a coordinated audit and 
        inspection plan of United States assistance for, and 
        civilian operations in, Afghanistan.
    (b) Nepal.--
            (1) Funds appropriated by this Act under the 
        heading ``Foreign Military Financing Program'' may be 
        made available for assistance for Nepal only if the 
        Secretary of State certifies to the Committees on 
        Appropriations that the Nepal Army is--
                    (A) cooperating fully with investigations 
                and prosecutions of violations of human rights 
                by civilian judicial authorities; and
                    (B) working constructively to redefine the 
                Nepal Army's mission and adjust its size 
                accordingly, implement reforms including 
                strengthening the capacity of the civilian 
                ministry of defense to improve budget 
                transparency and accountability, and facilitate 
                the integration of former rebel combatants into 
                the security forces including the Nepal Army, 
                consistent with the goals of reconciliation, 
                peace and stability.
            (2) The conditions in paragraph (1) shall not apply 
        to assistance for humanitarian relief and 
        reconstruction activities in Nepal.
    (c) Pakistan.--
            (1) Certification.--
                    (A) None of the funds appropriated or 
                otherwise made available by this Act under the 
                headings ``Economic Support Fund'', 
                ``International Narcotics Control and Law 
                Enforcement'', ``Foreign Military Financing 
                Program'', and ``Pakistan Counterinsurgency 
                Capability Fund'' for assistance for the 
                Government of Pakistan may be made available 
                unless the Secretary of State certifies to the 
                Committees on Appropriations that the 
                Government of Pakistan is--
                            (i) cooperating with the United 
                        States in counterterrorism efforts 
                        against the Haqqani Network, the Quetta 
                        Shura Taliban, Lashkar e-Tayyiba, 
                        Jaish-e-Mohammed, Al Qaeda and other 
                        domestic and foreign terrorist 
                        organizations, including taking steps 
                        to end support for such groups and 
                        prevent them from basing and operating 
                        in Pakistan and carrying out cross 
                        border attacks into neighboring 
                        countries;
                            (ii) not supporting terrorist 
                        activities against United States or 
                        coalition forces in Afghanistan, and 
                        Pakistan's military and intelligence 
                        agencies are not intervening extra-
                        judicially into political and judicial 
                        processes in Pakistan;
                            (iii) dismantling improvised 
                        explosive device (IED) networks and 
                        interdicting precursor chemicals used 
                        in the manufacture of IEDs;
                            (iv) preventing the proliferation 
                        of nuclear-related material and 
                        expertise;
                            (v) issuing visas in a timely 
                        manner for United States visitors 
                        engaged in counterterrorism efforts and 
                        assistance programs in Pakistan; and
                            (vi) providing humanitarian 
                        organizations access to detainees, 
                        internally displaced persons, and other 
                        Pakistani civilians affected by the 
                        conflict.
                    (B) The Secretary of State may waive the 
                requirements of paragraph (A) if to do so is in 
                the national security interests of the United 
                States.
            (2) Assistance.--
                    (A) Funds appropriated by this Act under 
                the heading ``Foreign Military Financing 
                Program'' for assistance for Pakistan may be 
                made available only to support counterterrorism 
                and counterinsurgency capabilities in Pakistan, 
                and are subject to section 620M of the Foreign 
                Assistance Act of 1961, as amended by this Act.
                    (B) Funds appropriated by this Act under 
                the heading ``Economic Support Fund'' for 
                assistance for Pakistan should be made 
                available to interdict precursor materials from 
                Pakistan to Afghanistan that are used to 
                manufacture improvised explosive devices, 
                including calcium ammonium nitrate; to support 
                programs to train border and customs officials 
                in Pakistan and Afghanistan; and for 
                agricultural extension programs that encourage 
                alternative fertilizer use among Pakistani 
                farmers.
                    (C) Of the funds appropriated by this Act 
                under the heading ``Economic Support Fund'' for 
                assistance for Pakistan, $10,000,000 shall be 
                made available through the Bureau of Democracy, 
                Human Rights and Labor, Department of State, 
                for human rights and democracy programs in 
                Pakistan, including training of government 
                officials and security forces, and assistance 
                for human rights organizations and the 
                development of democratic political parties.
                    (D) Funds appropriated by this Act under 
                the heading ``Economic Support Fund'' for 
                assistance for Pakistan may be made available 
                for the Chief of Mission Fund, as authorized by 
                section 101(c)(5) of Public Law 111-73.
                    (E) Funds appropriated by this Act under 
                the heading ``Economic Support Fund'' that are 
                made available for assistance for 
                infrastructure projects in Pakistan shall be 
                implemented in a manner consistent with section 
                507(6) of the Trade Act of 1974 (19 U.S.C. 
                2467(6)).
                    (F) Funds appropriated by this Act under 
                titles III and VI for assistance for Pakistan 
                may be made available notwithstanding any other 
                provision of law, except for this subsection 
                and section 620M of the Foreign Assistance Act 
                of 1961, as amended by this Act.
            (3) Reports.--
                    (A)(i) The spend plan required by section 
                7078 of this Act for assistance for Pakistan 
                shall include achievable and sustainable goals, 
                benchmarks for measuring progress, and expected 
                results regarding furthering development in 
                Pakistan, countering extremism, and 
                establishing conditions conducive to the rule 
                of law and transparent and accountable 
                governance:  Provided, That such benchmarks may 
                incorporate those required in title III of 
                Public Law 111-73, as appropriate:  Provided 
                further, That not later than 6 months after 
                submission of such spend plan, and each 6 
                months thereafter until September 30, 2013, the 
                Secretary of State shall submit a report to the 
                Committees on Appropriations on the status of 
                achieving the goals and benchmarks in the spend 
                plan.
                    (ii) The Secretary of State should suspend 
                assistance for the Government of Pakistan if 
                any report required by paragraph (A)(i) 
                indicates that Pakistan is failing to make 
                measurable progress in meeting these goals or 
                benchmarks.
                    (B) Not later than 90 days after enactment 
                of this Act, the Secretary of State shall 
                submit a report to the Committees on 
                Appropriations detailing the costs and 
                objectives associated with significant 
                infrastructure projects supported by the United 
                States in Pakistan, and an assessment of the 
                extent to which such projects achieve such 
                objectives.
    (d) Sri Lanka.--
            (1) None of the funds appropriated by this Act 
        under the heading ``Foreign Military Financing 
        Program'' may be made available for assistance for Sri 
        Lanka, no defense export license may be issued, and no 
        military equipment or technology shall be sold or 
        transferred to Sri Lanka pursuant to the authorities 
        contained in this Act or any other Act, unless the 
        Secretary of State certifies to the Committees on 
        Appropriations that the Government of Sri Lanka is--
                    (A) conducting credible, thorough 
                investigations of alleged war crimes and 
                violations of international humanitarian law by 
                government forces and the Liberation Tigers of 
                Tamil Eelam;
                    (B) bringing to justice individuals who 
                have been credibly alleged to have committed 
                such violations;
                    (C) supporting and cooperating with any 
                United Nations investigation of alleged war 
                crimes and violations of international 
                humanitarian law;
                    (D) respecting due process, the rights of 
                journalists, and the rights of citizens to 
                peaceful expression and association, including 
                ending arrest and detention under emergency 
                regulations;
                    (E) providing access to detainees by 
                humanitarian organizations; and
                    (F) implementing policies to promote 
                reconciliation and justice including devolution 
                of power.
            (2) Paragraph (1) shall not apply to assistance for 
        humanitarian demining and aerial and maritime 
        surveillance.
            (3) If the Secretary makes the certification 
        required in paragraph (1), funds appropriated under the 
        heading ``Foreign Military Financing Program'' that are 
        made available for assistance for Sri Lanka should be 
        used to support the recruitment and training of Tamils 
        into the Sri Lankan military, Tamil language training 
        for Sinhalese military personnel, and human rights 
        training for all military personnel.
            (4) The Secretary of the Treasury shall instruct 
        the United States executive directors of the 
        international financial institutions to vote against 
        any loan, agreement, or other financial support for Sri 
        Lanka except to meet basic human needs, unless the 
        Secretary of State certifies to the Committees on 
        Appropriations that the Government of Sri Lanka is 
        meeting the requirements in paragraph (1)(D), (E), and 
        (F) of this subsection.
    (e) Regional Cross Border Programs.--Funds appropriated by 
this Act under the heading ``Economic Support Fund'' for 
assistance for Afghanistan and Pakistan may be provided 
notwithstanding any other provision of law that restricts 
assistance to foreign countries for cross border stabilization 
and development programs between Afghanistan and Pakistan or 
between either country and the Central Asian republics.

           prohibition of payments to united nations members

    Sec. 7047.  None of the funds appropriated or made 
available pursuant to titles III through VI of this Act for 
carrying out the Foreign Assistance Act of 1961, may be used to 
pay in whole or in part any assessments, arrearages, or dues of 
any member of the United Nations or, from funds appropriated by 
this Act to carry out chapter 1 of part I of the Foreign 
Assistance Act of 1961, the costs for participation of another 
country's delegation at international conferences held under 
the auspices of multilateral or international organizations.

                     war crimes tribunals drawdown

    Sec. 7048.  If the President determines that doing so will 
contribute to a just resolution of charges regarding genocide 
or other violations of international humanitarian law, the 
President may direct a drawdown pursuant to section 552(c) of 
the Foreign Assistance Act of 1961 of up to $30,000,000 of 
commodities and services for the United Nations War Crimes 
Tribunal established with regard to the former Yugoslavia by 
the United Nations Security Council or such other tribunals or 
commissions as the Council may establish or authorize to deal 
with such violations, without regard to the ceiling limitation 
contained in paragraph (2) thereof:  Provided, That the 
determination required under this section shall be in lieu of 
any determinations otherwise required under section 552(c):  
Provided further, That funds made available pursuant to this 
section shall be made available subject to the regular 
notification procedures of the Committees on Appropriations.

                             united nations

    Sec. 7049. (a) Transparency and Accountability.--
            (1) Of the funds appropriated under title I and 
        under the heading ``International Organizations and 
        Programs'' in title V of this Act that are available 
        for contributions to any United Nations agency or to 
        the Organization of American States, 15 percent shall 
        be withheld from obligation for such agency or 
        organization if the Secretary of State determines and 
        reports to the Committees on Appropriations that the 
        agency or organization is not taking steps to--
                    (A) publish on a publicly available Web 
                site, consistent with privacy regulations and 
                due process, regular financial and programmatic 
                audits of the agency or organization, and 
                provide the United States Government with 
                necessary access to such financial and 
                performance audits; and
                    (B) implement best practices for the 
                protection of whistleblowers from retaliation, 
                including best practices for legal burdens of 
                proof, access to independent adjudicative 
                bodies, results that eliminate the effects of 
                retaliation, and statutes of limitation for 
                reporting retaliation.
            (2) The Secretary may waive the restriction in this 
        subsection if the Secretary determines and reports that 
        to do so is in the national interest of the United 
        States.
    (b) Restrictions on United Nations Delegations and 
Organizations.--
            (1) None of the funds made available under title I 
        of this Act may be used to pay expenses for any United 
        States delegation to any specialized agency, body, or 
        commission of the United Nations if such commission is 
        chaired or presided over by a country, the government 
        of which the Secretary of State has determined, for 
        purposes of section 6(j)(1) of the Export 
        Administration Act of 1979 (50 U.S.C. App. 2405(j)(1)), 
        supports international terrorism.
            (2) None of the funds made available under title I 
        of this Act may be used by the Secretary of State as a 
        contribution to any organization, agency, or program 
        within the United Nations system if such organization, 
        agency, commission, or program is chaired or presided 
        over by a country, the government of which the 
        Secretary of State has determined, for purposes of 
        section 620A of the Foreign Assistance Act of 1961, 
        section 40 of the Arms Export Control Act, section 
        6(j)(1) of the Export Administration Act of 1979, or 
        any other provision of law, is a government that has 
        repeatedly provided support for acts of international 
        terrorism.
            (3) The Secretary of State may waive the 
        restrictions in this subsection if the Secretary 
        determines and reports to the Committees on 
        Appropriations that to do so is in the national 
        interest of the United States.
    (c) United Nations Human Rights Council.--Funds 
appropriated by this Act may be made available for voluntary 
contributions or payment of United States assessments in 
support of the United Nations Human Rights Council if the 
Secretary of State determines and reports to the Committees on 
Appropriations that participation in the Council is in the 
national interest of the United States:  Provided, That the 
Secretary of State shall report to the Committees on 
Appropriations not later than 30 days after the date of 
enactment of this Act, and every 180 days thereafter until 
September 30, 2012, on the resolutions considered in the United 
Nations Human Rights Council.
    (d) United Nations Relief and Works Agency.--The reporting 
requirements regarding the United Nations Relief and Works 
Agency contained in the joint explanatory statement 
accompanying the Supplemental Appropriations Act, 2009 (Public 
Law 111-32, House Report 111-151) under the heading ``Migration 
and Refugee Assistance'' in title XI shall apply to funds made 
available by this Act under such heading.
    (e) United Nations Capital Master Plan.--None of the funds 
made available in this Act for the United Nations Capital 
Master Plan may be used for the design, renovation, or 
construction of the United Nations Headquarters in New York in 
excess of the United States payment for the assessment agreed 
upon pursuant to paragraph 10 of United Nations General 
Assembly Resolution 61/251.
    (f) Reporting Requirement.--Not later than 30 days after 
enactment of this Act, the Secretary of State shall submit a 
report to the Committees on Appropriation detailing the amount 
of funds available for obligation or expenditure in fiscal year 
2012 under the headings ``Contributions to International 
Organizations'' and ``International Organizations and 
Programs'' that are withheld from obligation or expenditure due 
to any provision of law:  Provided, That the Secretary of State 
shall update such report each time additional funds are 
withheld by operation of any provision of law:  Provided 
further, That the reprogramming of any withheld funds 
identified in such report, including updates thereof, shall be 
subject to prior consultation with, and the regular 
notification procedures of, the Committees on Appropriations.

                   community-based police assistance

    Sec. 7050. (a) Authority.--Funds made available by titles 
III and IV of this Act to carry out the provisions of chapter 1 
of part I and chapters 4 and 6 of part II of the Foreign 
Assistance Act of 1961, may be used, notwithstanding section 
660 of that Act, to enhance the effectiveness and 
accountability of civilian police authority through training 
and technical assistance in human rights, the rule of law, 
anti-corruption, strategic planning, and through assistance to 
foster civilian police roles that support democratic governance 
including assistance for programs to prevent conflict, respond 
to disasters, address gender-based violence, and foster 
improved police relations with the communities they serve.
    (b) Notification.--Assistance provided under subsection (a) 
shall be subject to the regular notification procedures of the 
Committees on Appropriations.

                attendance at international conferences

    Sec. 7051.  None of the funds made available in this Act 
may be used to send or otherwise pay for the attendance of more 
than 50 employees of agencies or departments of the United 
States Government who are stationed in the United States, at 
any single international conference occurring outside the 
United States, unless the Secretary of State reports to the 
Committees on Appropriations at least 5 days in advance that 
such attendance is important to the national interest:  
Provided, That for purposes of this section the term 
``international conference'' shall mean a conference attended 
by representatives of the United States Government and of 
foreign governments, international organizations, or 
nongovernmental organizations.

                   aircraft transfer and coordination

    Sec. 7052. (a) Transfer Authority.--Notwithstanding any 
other provision of law or regulation, aircraft procured with 
funds appropriated by this Act and prior Acts making 
appropriations for the Department of State, foreign operations, 
and related programs under the headings ``Diplomatic and 
Consular Programs'', ``International Narcotics Control and Law 
Enforcement'', ``Andean Counterdrug Initiative'' and ``Andean 
Counterdrug Programs'' may be used for any other program and in 
any region, including for the transportation of active and 
standby Civilian Response Corps personnel and equipment during 
a deployment:  Provided, That the responsibility for policy 
decisions and justification for the use of such transfer 
authority shall be the responsibility of the Secretary of State 
and the Deputy Secretary of State and this responsibility shall 
not be delegated.
    (b) Property Disposal.--The authority provided in 
subsection (a) shall apply only after the Secretary of State 
determines and reports to the Committees on Appropriations that 
the equipment is no longer required to meet programmatic 
purposes in the designated country or region:  Provided, That 
any such transfer shall be subject to prior consultation with, 
and the regular notification procedures of, the Committees on 
Appropriations.
    (c) Aircraft Coordination.--
            (1) The uses of aircraft purchased or leased by the 
        Department of State and the United States Agency for 
        International Development (USAID) with funds made 
        available in this Act or prior Acts making 
        appropriations for the Department of State, foreign 
        operations, and related programs shall be coordinated 
        under the authority of the appropriate Chief of 
        Mission:  Provided, That such aircraft may be used to 
        transport, on a reimbursable or non-reimbursable basis, 
        Federal and non-Federal personnel supporting Department 
        of State and USAID programs and activities:  Provided 
        further, That official travel for other agencies for 
        other purposes may be supported on a reimbursable 
        basis, or without reimbursement when traveling on a 
        space available basis.
            (2) The requirement and authorities of this 
        subsection shall only apply to aircraft, the primary 
        purpose of which is the transportation of personnel.

   parking fines and real property taxes owed by foreign governments

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

                    landmines and cluster munitions

    Sec. 7054. (a) Landmines.--Notwithstanding any other 
provision of law, demining equipment available to the United 
States Agency for International Development and the Department 
of State and used in support of the clearance of landmines and 
unexploded ordnance for humanitarian purposes may be disposed 
of on a grant basis in foreign countries, subject to such terms 
and conditions as the Secretary of State may prescribe.
    (b) Cluster Munitions.--No military assistance shall be 
furnished for cluster munitions, no defense export license for 
cluster munitions may be issued, and no cluster munitions or 
cluster munitions technology shall be sold or transferred, 
unless--
            (1) the submunitions of the cluster munitions, 
        after arming, do not result in more than 1 percent 
        unexploded ordnance across the range of intended 
        operational environments; and
            (2) the agreement applicable to the assistance, 
        transfer, or sale of such cluster munitions or cluster 
        munitions technology specifies that the cluster 
        munitions will only be used against clearly defined 
        military targets and will not be used where civilians 
        are known to be present or in areas normally inhabited 
        by civilians.

                 prohibition on publicity or propaganda

    Sec. 7055.  No part of any appropriation contained in this 
Act shall be used for publicity or propaganda purposes within 
the United States not authorized before the date of the 
enactment of this Act by the Congress:  Provided, That not to 
exceed $25,000 may be made available to carry out the 
provisions of section 316 of Public Law 96-533.

                    limitation on residence expenses

    Sec. 7056.  Of the funds appropriated or made available 
pursuant to title II of this Act, not to exceed $100,500 shall 
be for official residence expenses of the United States Agency 
for International Development during the current fiscal year:  
Provided, That appropriate steps shall be taken to assure that, 
to the maximum extent possible, United States-owned foreign 
currencies are utilized in lieu of dollars.

     united states agency for international development management

                     (including transfer of funds)

    Sec. 7057. (a) Authority.--Up to $93,000,000 of the funds 
made available in title III of this Act to carry out the 
provisions of part I of the Foreign Assistance Act of 1961, 
including funds appropriated under the heading ``Assistance for 
Europe, Eurasia and Central Asia'', may be used by the United 
States Agency for International Development (USAID) to hire and 
employ individuals in the United States and overseas on a 
limited appointment basis pursuant to the authority of sections 
308 and 309 of the Foreign Service Act of 1980.
    (b) Restrictions.--
            (1) The number of individuals hired in any fiscal 
        year pursuant to the authority contained in subsection 
        (a) may not exceed 175.
            (2) The authority to hire individuals contained in 
        subsection (a) shall expire on September 30, 2013.
    (c) Conditions.--The authority of subsection (a) should 
only be used to the extent that an equivalent number of 
positions that are filled by personal services contractors or 
other non-direct hire employees of USAID, who are compensated 
with funds appropriated to carry out part I of the Foreign 
Assistance Act of 1961, including funds appropriated under the 
heading ``Assistance for Europe, Eurasia and Central Asia'', 
are eliminated.
    (d) Program Account Charged.--The account charged for the 
cost of an individual hired and employed under the authority of 
this section shall be the account to which such individual's 
responsibilities primarily relate:  Provided, That funds made 
available to carry out this section may be transferred to, and 
merged with, funds appropriated by this Act in title II under 
the heading ``Operating Expenses''.
    (e) Foreign Service Limited Extensions.--Individuals hired 
and employed by USAID, with funds made available in this Act or 
prior Acts making appropriations for the Department of State, 
foreign operations, and related programs, pursuant to the 
authority of section 309 of the Foreign Service Act of 1980, 
may be extended for a period of up to 4 years notwithstanding 
the limitation set forth in such section.
    (f) Disaster Surge Capacity.--Funds appropriated under 
title III of this Act to carry out part I of the Foreign 
Assistance Act of 1961, including funds appropriated under the 
heading ``Assistance for Europe, Eurasia and Central Asia'', 
may be used, in addition to funds otherwise available for such 
purposes, for the cost (including the support costs) of 
individuals detailed to or employed by USAID whose primary 
responsibility is to carry out programs in response to natural 
disasters, or man-made disasters subject to the regular 
notification procedures of the Committees on Appropriations.
    (g) Personal Services Contractors.--Funds appropriated by 
this Act to carry out chapter 1 of part I, chapter 4 of part 
II, and section 667 of the Foreign Assistance Act of 1961, and 
title II of the Agricultural Trade Development and Assistance 
Act of 1954, may be used by USAID to employ up to 40 personal 
services contractors in the United States, notwithstanding any 
other provision of law, for the purpose of providing direct, 
interim support for new or expanded overseas programs and 
activities managed by the agency until permanent direct hire 
personnel are hired and trained:  Provided, That not more than 
15 of such contractors shall be assigned to any bureau or 
office:  Provided further, That such funds appropriated to 
carry out title II of the Agricultural Trade Development and 
Assistance Act of 1954, may be made available only for personal 
services contractors assigned to the Office of Food for Peace.
    (h) Small Business.--In entering into multiple award 
indefinite-quantity contracts with funds appropriated by this 
Act, USAID may provide an exception to the fair opportunity 
process for placing task orders under such contracts when the 
order is placed with any category of small or small 
disadvantaged business.
    (i) Senior Foreign Service Limited Appointments.--
Individuals hired pursuant to the authority provided by section 
7059(o) of division F of Public Law 111-117 may be assigned to 
or support programs in Iraq, Afghanistan, or Pakistan with 
funds made available in this Act and prior Acts making 
appropriations for the Department of State, foreign operations, 
and related programs.

                        global health activities

    Sec. 7058. (a) In General.--Funds appropriated by titles 
III and IV of this Act that are made available for bilateral 
assistance for child survival activities or disease programs 
including activities relating to research on, and the 
prevention, treatment and control of, HIV/AIDS may be made 
available notwithstanding any other provision of law except for 
provisions under the heading ``Global Health Programs'' and the 
United States Leadership Against HIV/AIDS, Tuberculosis, and 
Malaria Act of 2003 (117 Stat. 711; 22 U.S.C. 7601 et seq.), as 
amended:  Provided, That of the funds appropriated under title 
III of this Act, not less than $575,000,000 should be made 
available for family planning/reproductive health, including in 
areas where population growth threatens biodiversity or 
endangered species.
    (b) Global Health Management.--
            (1) Not later than 180 days after enactment of this 
        Act, the Secretary of State, in consultation with the 
        Administrator of the United States Agency for 
        International Development (USAID), shall submit to the 
        Committees on Appropriations an analysis of short and 
        long-term costs, to include potential cost savings or 
        increases, associated with transitioning the function, 
        role, and duties of the Office of the United States 
        Global AIDS Coordinator into USAID:  Provided, That 
        such report shall also assess any programmatic 
        advantages and disadvantages, including the ability to 
        achieve results, of making such a transition.
            (2)(A) Not later than 45 days after enactment of 
        this Act, the Secretary of State, in consultation with 
        the Administrator of the United States Agency for 
        International Development (USAID), shall submit to the 
        Committees on Appropriations a report on the status of 
        the Quadrennial Diplomacy and Development Review (QDDR) 
        decision to transition the leadership of the Global 
        Health Initiative (GHI) to USAID, to include the 
        following--
                    (i) the metrics developed to measure 
                progress in meeting each benchmark enumerated 
                in Appendix 2 of the QDDR and the method 
                utilized to develop such metrics; and
                    (ii) the status of, and estimated 
                completion date for, meeting each benchmark.
            (B) Within 90 days of submitting the initial report 
        required by subparagraph (A), and each 90 days 
        thereafter until the GHI transition is completed, an 
        update shall be provided to the Committees on 
        Appropriations on the status of meeting each benchmark: 
         Provided, That if as part of any such update it is 
        determined that the QDDR target date of September 2012 
        will not be met, the Secretary of State, in 
        consultation with the USAID Administrator, shall submit 
        a detailed explanation of the delay and a revised 
        target date for the transition to be completed.
    (c) Global Fund Reforms.--
            (1) Of funds appropriated by this Act that are 
        available for a contribution to the Global Fund to 
        Fight AIDS, Tuberculosis and Malaria (Global Fund), 10 
        percent should be withheld from obligation until the 
        Secretary of State determines and reports to the 
        Committees on Appropriations that--
                    (A) the Global Fund is maintaining and 
                implementing a policy of transparency, 
                including the authority of the Global Fund 
                Office of the Inspector General (OIG) to 
                publish OIG reports on a public Web site;
                    (B) the Global Fund is providing sufficient 
                resources to maintain an independent OIG that--
                            (i) reports directly to the Board 
                        of the Global Fund;
                            (ii) maintains a mandate to conduct 
                        thorough investigations and 
                        programmatic audits, free from undue 
                        interference; and
                            (iii) compiles regular, publicly 
                        published audits and investigations of 
                        financial, programmatic, and reporting 
                        aspects of the Global Fund, its 
                        grantees, recipients, sub-recipients, 
                        and Local Fund Agents; and
                    (C) the Global Fund maintains an effective 
                whistleblower policy to protect whistleblowers 
                from retaliation, including confidential 
                procedures for reporting possible misconduct or 
                irregularities.
            (2) The withholding required by this subsection 
        shall not be in addition to funds that are withheld 
        from the Global Fund in fiscal year 2012 pursuant to 
        the application of any other provision contained in 
        this or any other Act.
    (d) Pandemic Response.--If the President determines and 
reports to the Committees on Appropriations that a pandemic 
virus is efficient and sustained, severe, and is spreading 
internationally, funds made available under titles III, IV, and 
VIII in this Act and prior Acts making appropriations for the 
Department of State, foreign operations, and related programs 
may be made available to combat such virus:  Provided, That 
funds made available pursuant to the authority of this 
subsection shall be subject to prior consultation with, and the 
regular notification procedures of, the Committees on 
Appropriations.

                  prohibition on promotion of tobacco

    Sec. 7059.  None of the funds provided by this Act shall be 
available to promote the sale or export of tobacco or tobacco 
products, or to seek the reduction or removal by any foreign 
country of restrictions on the marketing of tobacco or tobacco 
products, except for restrictions which are not applied equally 
to all tobacco or tobacco products of the same type.

                  programs to promote gender equality

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

                         gender-based violence

    Sec. 7061. (a) Funds appropriated under the headings 
``Global Health Programs'', ``Development Assistance'', 
``Economic Support Fund'', and ``International Narcotics 
Control and Law Enforcement'' in this Act shall be made 
available for gender-based violence prevention and response 
efforts, and funds appropriated under the headings 
``International Disaster Assistance'', ``Complex Crises Fund'', 
and ``Migration and Refugee Assistance'' should be made 
available for such efforts.
    (b) Programs and activities funded under titles III and IV 
of this Act to train foreign police, judicial, and military 
personnel, including for international peacekeeping operations, 
shall address, where appropriate, prevention and response to 
gender-based violence and trafficking in persons.

                           sector allocations

    Sec. 7062. (a) Basic and Higher Education.--
            (1) Basic education.--
                    (A) Of the funds appropriated by title III 
                of this Act, not less than $800,000,000 shall 
                be made available for assistance for basic 
                education, of which not less than $288,000,000 
                should be made available under the heading 
                ``Development Assistance''.
                    (B) The United States Agency for 
                International Development shall ensure that 
                programs supported with funds appropriated for 
                basic education in this Act and prior Acts 
                making appropriations for the Department of 
                State, foreign operations, and related programs 
                are integrated, when appropriate, with health, 
                agriculture, governance, and economic 
                development activities to address the economic 
                and social needs of the broader community.
                    (C) Funds appropriated by title III of this 
                Act for basic education may be made available 
                for a contribution to the Global Partnership 
                for Education.
            (2) Higher education.--Of the funds appropriated by 
        title III of this Act, not less than $200,000,000 shall 
        be made available for assistance for higher education, 
        of which $25,000,000 shall be to support such programs 
        in Africa, including for partnerships between higher 
        education institutions in Africa and the United States.
    (b) Development Grants Program.--Of the funds appropriated 
in title III of this Act, not less than $45,000,000 shall be 
made available for the Development Grants Program established 
pursuant to section 674 of the Department of State, Foreign 
Operations, and Related Programs Appropriations Act, 2008 
(division J of Public Law 110-161), primarily for unsolicited 
proposals, to support grants of not more than $2,000,000 to 
small nongovernmental organizations:  Provided, That funds made 
available under this subsection are in addition to other funds 
available for such purposes including funds designated by this 
Act by subsection (f).
    (c) Environment Programs.--
            (1) In general.--Of the funds appropriated by this 
        Act, not less than $1,250,000,000 should be made 
        available for programs and activities to protect the 
        environment.
            (2) Clean energy programs.--The limitation in 
        section 7081(b) of division F of Public Law 111-117 
        shall continue in effect during fiscal year 2012 as if 
        part of this Act:  Provided, That the proviso contained 
        in such section shall not apply.
            (3) Adaptation programs.--Funds appropriated by 
        this Act may be made available for United States 
        contributions to the Least Developed Countries Fund and 
        the Special Climate Change Fund to support adaptation 
        programs and activities.
            (4) Tropical forest programs.--Funds appropriated 
        under title III of this Act for tropical forest 
        programs shall be used to protect biodiversity, and 
        shall not be used to support or promote the expansion 
        of industrial scale logging into primary tropical 
        forests:  Provided, That funds that are available for 
        the Central African Regional Program for the 
        Environment and other tropical forest programs in the 
        Congo Basin for the United States Fish and Wildlife 
        Service (USFWS) shall be apportioned directly to the 
        USFWS:  Provided further, That funds made available for 
        the Department of the Interior (DOI) for programs in 
        the Guatemala Mayan Biosphere Reserve shall be 
        apportioned directly to the DOI.
            (5) Authority.--Funds appropriated by this Act to 
        carry out the provisions of sections 103 through 106, 
        and chapter 4 of part II, of the Foreign Assistance Act 
        of 1961 may be used, notwithstanding any other 
        provision of law except for the provisions of this 
        section and subject to the regular notification 
        procedures of the Committees on Appropriations, to 
        support environment programs.
            (6) Consultation.--Funds made available pursuant to 
        this subsection are subject to prior consultation with, 
        and the regular notification procedures of, the 
        Committees on Appropriations.
            (7) Extraction of natural resources.--
                    (A) Funds appropriated by this Act shall be 
                made available to promote and support 
                transparency and accountability of expenditures 
                and revenues related to the extraction of 
                natural resources, including by strengthening 
                implementation and monitoring of the Extractive 
                Industries Transparency Initiative, 
                implementing and enforcing section 8204 of 
                Public Law 110-246 and the Kimberley Process 
                Certification Scheme, and providing technical 
                assistance to promote independent audit 
                mechanisms and support civil society 
                participation in natural resource management.
                    (B)(i) The Secretary of the Treasury shall 
                inform the managements of the international 
                financial institutions and post on the 
                Department of the Treasury's Web site that it 
                is the policy of the United States to vote 
                against any assistance by such institutions 
                (including but not limited to any loan, credit, 
                grant, or guarantee) for the extraction and 
                export of a natural resource if the government 
                of the country has in place laws or regulations 
                to prevent or limit the public disclosure of 
                company payments as required by section 1504 of 
                Public Law 111-203, and unless such government 
                has in place functioning systems in the sector 
                in which assistance is being considered for:
                            (I) accurately accounting for and 
                        public disclosure of payments to the 
                        host government by companies involved 
                        in the extraction and export of natural 
                        resources;
                            (II) the independent auditing of 
                        accounts receiving such payments and 
                        public disclosure of the findings of 
                        such audits; and
                            (III) public disclosure of such 
                        documents as Host Government 
                        Agreements, Concession Agreements, and 
                        bidding documents, allowing in any such 
                        dissemination or disclosure for the 
                        redaction of, or exceptions for, 
                        information that is commercially 
                        proprietary or that would create 
                        competitive disadvantage.
                    (ii) The requirements of subparagraph (i) 
                shall not apply to assistance for the purpose 
                of building the capacity of such government to 
                meet the requirements of this paragraph.
                    (C) The Secretary of the Treasury or the 
                Secretary of State, as appropriate, shall 
                instruct the United States executive director 
                of each international financial institution and 
                the United States representatives to all 
                forest-related multilateral financing 
                mechanisms and processes, that it is the policy 
                of the United States to vote against the 
                expansion of industrial scale logging into 
                primary tropical forests.
            (8) Continuation of prior law.--Section 7081(g)(2) 
        and (4) of division F of Public Law 111-117 shall 
        continue in effect during fiscal year 2012 as if part 
        of this Act.
    (d) Food Security and Agriculture Development.--Of the 
funds appropriated by title III of this Act, $1,170,000,000 
should be made available for food security and agriculture 
development programs, of which $31,500,000 shall be made 
available for Collaborative Research Support Programs:  
Provided, That such funds may be made available notwithstanding 
any other provision of law to address food shortages, and may 
be made available for a United States contribution to the 
endowment of the Global Crop Diversity Trust pursuant to 
section 3202 of Public Law 110-246.
    (e) Microenterprise and Microfinance.--Of the funds 
appropriated by this Act, not less than $265,000,000 should be 
made available for microenterprise and microfinance development 
programs for the poor, especially women.
    (f) Reconciliation Programs.--(1) Of the funds appropriated 
by title III of this Act under the headings ``Economic Support 
Fund'' and ``Development Assistance'', $26,000,000 shall be 
made available to support people-to-people reconciliation 
programs which bring together individuals of different ethnic, 
religious and political backgrounds from areas of civil strife 
and war, of which $10,000,000 shall be made available for such 
programs in the Middle East:  Provided, That the Administrator 
of the United States Agency for International Development shall 
consult with the Committees on Appropriations, prior to the 
initial obligation of funds, on the uses of such funds.
      (2) Of the funds appropriated by title III of this Act 
under the headings ``Economic Support Fund'' and ``Development 
Assistance'', $10,000,000 should be made available for a ``New 
Generation in the Middle East'' initiative to build 
understanding, tolerance, and mutual respect among the next 
generation of Israeli and Palestinian leaders.
    (g) Trafficking in Persons.--Of the funds appropriated by 
this Act under the headings ``Development Assistance'', 
``Economic Support Fund'', ``International Narcotics Control 
and Law Enforcement'', and ``Assistance for Europe, Eurasia and 
Central Asia'' not less than $36,000,000 shall be made 
available for activities to combat trafficking in persons 
internationally.
    (h) Water.--Of the funds appropriated by this Act, not less 
than $315,000,000 shall be made available for water and 
sanitation supply projects pursuant to the Senator Paul Simon 
Water for the Poor Act of 2005 (Public Law 109-121).
    (i) Women's Leadership Capacity.--Of the funds appropriated 
by title III of this Act, not less than $20,000,000 shall be 
made available for programs to improve women's leadership 
capacity in recipient countries.
    (j) Notification Requirements.--Authorized deviations from 
funding levels contained in this section shall be subject to 
the regular notification procedures of the Committees on 
Appropriations.

                              central asia

    Sec. 7063.  The terms and conditions of sections 7075(a) 
through (d) and 7076(a) through (e) of the Department of State, 
Foreign Operations, and Related Programs Appropriations Act, 
2009 (division H of Public Law 111-8) shall apply to funds 
appropriated by this Act, except that the Secretary of State 
may waive the application of section 7076(a) for a period of 
not more than 6 months and every 6 months thereafter until 
September 30, 2013, if the Secretary certifies to the 
Committees on Appropriations that the waiver is in the national 
security interest and necessary to obtain access to and from 
Afghanistan for the United States, and the waiver includes an 
assessment of progress, if any, by the Government of Uzbekistan 
in meeting the requirements in section 7076(a):  Provided, That 
the Secretary of State, in consultation with the Secretary of 
Defense, shall submit a report to the Committees on 
Appropriations not later than 180 days after enactment of this 
Act and 12 months thereafter, on all United States Government 
assistance provided to the Government of Uzbekistan and 
expenditures made in support of the Northern Distribution 
Network in Uzbekistan, including any credible information that 
such assistance or expenditures are being diverted for corrupt 
purposes:  Provided further, That information provided in the 
report required by the previous proviso may be provided in a 
classified annex and such annex shall indicate the basis for 
such classification:  Provided further, That for the purposes 
of the application of section 7075(c) to this Act, the report 
shall be submitted not later than October 1, 2012 and for the 
purposes of the application of section 7076(e) to this Act, the 
term ``assistance'' shall not include expanded international 
military education and training.

                         requests for documents

    Sec. 7064.  None of the funds appropriated or made 
available pursuant to titles III through VI of this Act shall 
be available to a nongovernmental organization, including any 
contractor, which fails to provide upon timely request any 
document, file, or record necessary to the auditing 
requirements of the United States Agency for International 
Development.

                overseas private investment corporation

                     (including transfer of funds)

    Sec. 7065. (a) Whenever the President determines that it is 
in furtherance of the purposes of the Foreign Assistance Act of 
1961, up to a total of $20,000,000 of the funds appropriated 
under title III of this Act may be transferred to, and merged 
with, funds appropriated by this Act for the Overseas Private 
Investment Corporation Program Account, to be subject to the 
terms and conditions of that account:  Provided, That such 
funds shall not be available for administrative expenses of the 
Overseas Private Investment Corporation:  Provided further, 
That designated funding levels in this Act shall not be 
transferred pursuant to this section:  Provided further, That 
the exercise of such authority shall be subject to the regular 
notification procedures of the Committees on Appropriations.
    (b) Notwithstanding section 235(a)(2) of the Foreign 
Assistance Act of 1961, the authority of subsections (a) 
through (c) of section 234 of such Act shall remain in effect 
until September 30, 2012.

                    international prison conditions

    Sec. 7066. (a) Not later than 180 days after enactment of 
this Act, the Secretary of State shall submit to the Committees 
on Appropriations a report, which shall also be made publicly 
available including on the Department of State's Web site, 
describing--
            (1) conditions in prisons and other detention 
        facilities in at least 25 countries whose governments 
        receive United States assistance and which the 
        Secretary determines raise serious human rights or 
        humanitarian concerns; and
            (2) the extent to which such governments are taking 
        steps to eliminate such conditions.
    (b) For purposes of each determination made pursuant to 
subsection (a), the Secretary shall consider the criteria 
listed in section 7085(b)(1) through (10) of division F of 
Public Law 111-117.
    (c) Funds appropriated by this Act to carry out the 
provisions of chapters 1 and 11 of part I and chapter 4 of part 
II of the Foreign Assistance Act of 1961, and the Support for 
East European Democracy (SEED) Act of 1989, shall be made 
available, notwithstanding section 660 of the Foreign 
Assistance Act of 1961, for assistance to eliminate inhumane 
conditions in foreign prisons and other detention facilities.

                     prohibition on use of torture

    Sec. 7067. (a) None of the funds made available in this Act 
may be used to support or justify the use of torture, cruel or 
inhumane treatment by any official or contract employee of the 
United States Government.
    (b) Funds appropriated by this Act to carry out the 
provisions of chapters 1, 10, 11, and 12 of part I and chapter 
4 of part II of the Foreign Assistance Act of 1961, and the 
Support for East European Democracy (SEED) Act of 1989, shall 
be made available, notwithstanding section 660 of the Foreign 
Assistance Act of 1961, for assistance to eliminate torture by 
foreign police, military or other security forces in countries 
receiving assistance from funds appropriated by this Act that 
are identified in the Department of State's most recent Country 
Reports on Human Rights Practices.

                              extradition

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

                 commercial leasing of defense articles

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

             independent states of the former soviet union

    Sec. 7070. (a) None of the funds appropriated under the 
heading ``Assistance for Europe, Eurasia and Central Asia'' 
shall be made available for assistance for a government of an 
Independent State of the former Soviet Union if that government 
directs any action in violation of the territorial integrity or 
national sovereignty of any other Independent State of the 
former Soviet Union, such as those violations included in the 
Helsinki Final Act:  Provided, That such funds may be made 
available without regard to the restriction in this subsection 
if the President determines that to do so is in the national 
security interest of the United States.
    (b)(1) Of the funds appropriated under the heading 
``Assistance for Europe, Eurasia and Central Asia'' that are 
allocated for assistance for the Government of the Russian 
Federation, 60 percent shall be withheld from obligation until 
the President determines and certifies in writing to the 
Committees on Appropriations that the Government of the Russian 
Federation--
            (A) has terminated implementation of arrangements 
        to provide Iran with technical expertise, training, 
        technology, or equipment necessary to develop a nuclear 
        reactor, related nuclear research facilities or 
        programs, or ballistic missile capability; and
            (B) is providing full access to international non-
        government organizations providing humanitarian relief 
        to refugees and internally displaced persons in 
        Chechnya.
            (2) Paragraph (1) shall not apply to--
            (A) assistance to combat infectious diseases, child 
        survival activities, or assistance for victims of 
        trafficking in persons; and
            (B) activities authorized under title V 
        (Nonproliferation and Disarmament Programs and 
        Activities) of the FREEDOM Support Act.
    (c) Section 907 of the FREEDOM Support Act shall not apply 
to--
            (1) activities to support democracy or assistance 
        under title V of the FREEDOM Support Act and section 
        1424 of Public Law 104-201 or non-proliferation 
        assistance;
            (2) any assistance provided by the Trade and 
        Development Agency under section 661 of the Foreign 
        Assistance Act of 1961 (22 U.S.C. 2421);
            (3) any activity carried out by a member of the 
        United States and Foreign Commercial Service while 
        acting within his or her official capacity;
            (4) any insurance, reinsurance, guarantee or other 
        assistance provided by the Overseas Private Investment 
        Corporation under title IV of chapter 2 of part I of 
        the Foreign Assistance Act of 1961 (22 U.S.C. 2191 et 
        seq.);
            (5) any financing provided under the Export-Import 
        Bank Act of 1945; or
            (6) humanitarian assistance.

                      international monetary fund

    Sec. 7071. (a) The terms and conditions of sections 
7086(b)(1) and (2) and 7090(a) of division F of Public Law 111-
117 shall apply to this Act.
    (b) The Secretary of the Treasury shall instruct the United 
States Executive Director of the International Monetary Fund 
(IMF) to seek to ensure that any loan will be repaid to the IMF 
before other private creditors.
    (c) The Secretary of the Treasury shall seek to ensure that 
the IMF is implementing best practices for the protection of 
whistleblowers from retaliation, including best practices for 
legal burdens of proof, access to independent adjudicative 
bodies, results that eliminate the effects of retaliation, and 
statutes of limitation for reporting retaliation.

                  repression in the russian federation

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

                   prohibition on first-class travel

    Sec. 7073.  None of the funds made available in this Act 
may be used for first-class travel by employees of agencies 
funded by this Act in contravention of sections 301-10.122 
through 301-10.124 of title 41, Code of Federal Regulations.

                          disability programs

    Sec. 7074.  Funds appropriated by this Act under the 
heading ``Economic Support Fund'' shall be made available for 
programs and activities administered by the United States 
Agency for International Development to address the needs and 
protect and promote the rights of people with disabilities in 
developing countries, including initiatives that focus on 
independent living, economic self-sufficiency, advocacy, 
education, employment, transportation, sports, and integration 
of individuals with disabilities, including for the cost of 
translation, and shall also be made available to support 
disability advocacy organizations to provide training and 
technical assistance for disabled persons organizations in such 
countries:  Provided, That of the funds made available by this 
section, up to 7 percent may be for management, oversight, and 
technical support.

                            enterprise funds

    Sec. 7075. (a) Prior to the distribution of any assets 
resulting from any liquidation, dissolution, or winding up of 
an Enterprise Fund, in whole or in part, the President shall 
submit to the Committees on Appropriations, in accordance with 
the regular notification procedures of the Committees on 
Appropriations, a plan for the distribution of the assets of 
the Enterprise Fund.
    (b) Funds made available under titles III through VI of 
this Act for Enterprise Funds shall be expended at the minimum 
rate necessary to make timely payment for projects and 
activities and no such funds may be available except through 
the regular notification procedures of the Committees on 
Appropriations.

                            consular affairs

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

                           procurement reform

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

                       operating and spend plans

    Sec. 7078. (a) Operating Plans.--Not later than 30 days 
after the date of enactment of this Act, each department, 
agency or organization funded in titles I and II, and the 
Department of the Treasury and Independent Agencies funded in 
title III of this Act shall submit to the Committees on 
Appropriations an operating plan for funds appropriated to such 
department, agency, or organization in such titles of this Act, 
or funds otherwise available for obligation in fiscal year 
2012, that provides details of the use of such funds at the 
program, project, and activity level.
    (b) Spend Plans.--Prior to the initial obligation of funds, 
the Secretary of State, in consultation with the Administrator 
of the United States Agency for International Development, 
shall submit to the Committees on Appropriations a detailed 
spend plan for the following--
            (1) funds appropriated under the heading 
        ``Democracy Fund'';
            (2) funds made available in titles III and IV of 
        this Act for assistance for Iraq, Haiti, Colombia, and 
        Mexico, for the Caribbean Basin Security Initiative, 
        and for the Central American Regional Security 
        Initiative;
            (3) funds made available for assistance for 
        countries or programs and activities referenced in--
                    (A) section 7040;
                    (B) section 7041(a), (e), (f), and (i);
                    (C) section 7043(b);
                    (D) section 7046(a) and (c); and
            (4) funds appropriated in title III for food 
        security and agriculture development programs and for 
        environment programs.
    (c) Notifications.--The spend plans referenced in 
subsection (b) shall not be considered as meeting the 
notification requirements under section 7015 of this Act or 
under section 634A of the Foreign Assistance Act of 1961.

                              rescissions

    Sec. 7079. (a) Of the funds appropriated in prior Acts 
making appropriations for the Department of State, foreign 
operations, and related programs under the heading ``Diplomatic 
and Consular Programs'', $13,700,000 are rescinded, of which 
$8,000,000 shall be from funds for Worldwide Security 
Protection:  Provided, That no amounts may be rescinded from 
amounts that were designated by Congress as an emergency 
requirement pursuant to a concurrent resolution on the budget 
or the Balanced Budget and Emergency Deficit Control Act of 
1985.
    (b) Of the unexpended balances available under the heading 
``Export and Investment Assistance, Export-Import Bank of the 
United States, Subsidy Appropriation'' from prior Acts making 
appropriations for the Department of State, foreign operations, 
and related programs, $400,000,000 are rescinded.
    (c) Of the unexpended balances available to the President 
for bilateral economic assistance under the heading ``Economic 
Support Fund'' from prior Acts making appropriations for the 
Department of State, foreign operations, and related programs, 
$100,000,000 are rescinded:  Provided, That no amounts may be 
rescinded from amounts that were designated by Congress as an 
emergency requirement pursuant to a concurrent resolution on 
the budget or the Balanced Budget and Emergency Deficit Control 
Act of 1985.
    (d) The Secretary of State, as appropriate, shall consult 
with the Committees on Appropriations at least 15 days prior to 
implementing the rescissions made in this section.

                    special defense acquisition fund

                 (including limitation on obligations)

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

                    authority for capital increases

    Sec. 7081. (a) International Bank for Reconstruction and 
Development.--The Bretton Woods Agreements Act, as amended (22 
U.S.C. 286 et seq.), is further amended by adding at the end 
thereof the following new sections:

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

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

``SEC. 70. CAPITAL STOCK INCREASES.

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

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

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

``SEC. 41. NINTH CAPITAL INCREASE.

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

``SEC. 1344. SIXTH CAPITAL INCREASE.

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

              reforms related to general capital increases

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

                      authority for replenishments

    Sec. 7083. (a) International Development Association.--The 
International Development Association Act, Public Law 86-565, 
as amended (22 U.S.C. 284 et seq.), is further amended by 
adding at the end thereof the following new sections:

``SEC. 26. SIXTEENTH REPLENISHMENT.

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

``SEC. 27. MULTILATERAL DEBT RELIEF.

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

``SEC. 221. TWELFTH REPLENISHMENT.

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

``SEC. 222. MULTILATERAL DEBT RELIEF.

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

             authority for the fund for special operations

    Sec. 7084.  Up to $36,000,000 of funds appropriated for the 
account ``Department of the Treasury, Debt Restructuring'' by 
the Full-Year Continuing Appropriations Act, 2011 (Public Law 
112-10, Division B) may be made available for the United States 
share of an increase in the resources of the Fund for Special 
Operations of the Inter-American Development Bank in 
furtherance of debt relief provided to Haiti in view of the 
Cancun Declaration of March 21, 2010.

                     united nations population fund

    Sec. 7085. (a) Contribution.--Of the funds made available 
under the heading ``International Organizations and Programs'' 
in this Act for fiscal year 2012, $35,000,000 shall be made 
available for the United Nations Population Fund (UNFPA).
    (b) Availability of Funds.--Funds appropriated by this Act 
for UNFPA, that are not made available for UNFPA because of the 
operation of any provision of law, shall be transferred to the 
``Global Health Programs'' account and shall be made available 
for family planning, maternal, and reproductive health 
activities, subject to the regular notification procedures of 
the Committees on Appropriations.
    (c) Prohibition on Use of Funds in China.--None of the 
funds made available by this Act may be used by UNFPA for a 
country program in the People's Republic of China.
    (d) Conditions on Availability of Funds.--Funds made 
available by this Act for UNFPA may not be made available 
unless--
            (1) UNFPA maintains funds made available by this 
        Act in an account separate from other accounts of UNFPA 
        and does not commingle such funds with other sums; and
            (2) UNFPA does not fund abortions.
    (e) Report to Congress and Dollar-for-Dollar Withholding of 
Funds.--
            (1) Not later than 4 months after the date of 
        enactment of this Act, the Secretary of State shall 
        submit a report to the Committees on Appropriations 
        indicating the amount of funds that the UNFPA is 
        budgeting for the year in which the report is submitted 
        for a country program in the People's Republic of 
        China.
            (2) If a report under paragraph (1) indicates that 
        the UNFPA plans to spend funds for a country program in 
        the People's Republic of China in the year covered by 
        the report, then the amount of such funds the UNFPA 
        plans to spend in the People's Republic of China shall 
        be deducted from the funds made available to the UNFPA 
        after March 1 for obligation for the remainder of the 
        fiscal year in which the report is submitted.

                              LIMITATIONS

            Sec. 7086. (a)(1) None of the funds appropriated 
        under the heading ``Economic Support Fund'' in this Act 
        may be made available for assistance for the 
        Palestinian Authority if the Palestinians obtain, after 
        the date of enactment of this Act, the same standing as 
        member states or full membership as a state in the 
        United Nations or any specialized agency thereof 
        outside an agreement negotiated between Israel and the 
        Palestinians.
            (2) The Secretary of State may waive the 
        restriction in paragraph (1) if the Secretary certifies 
        to the Committees on Appropriations that to do so is in 
        the national security interest of the United States, 
        and submits a report to such Committees detailing how 
        the waiver and the continuation of assistance would 
        assist in furthering Middle East peace.
            (b)(1) The President may waive the provisions of 
        section 1003 of Public Law 100-204 if the President 
        determines and certifies in writing to the Speaker of 
        the House of Representatives, the President pro tempore 
        of the Senate, and the Committees on Appropriations 
        that the Palestinians have not, after the date of 
        enactment of this Act, obtained in the United Nations 
        or any specialized agency thereof the same standing as 
        member states or full membership as a state outside an 
        agreement negotiated between Israel and the 
        Palestinians.
            (2) Not less than 90 days after the President is 
        unable to make the certification pursuant to subsection 
        (b)(1), the President may waive section 1003 of Public 
        Law 100-204 if the President determines and certifies 
        in writing to the Speaker of the House of 
        Representatives, the President pro tempore of the 
        Senate, and the Committees on Appropriations that the 
        Palestinians have entered into direct and meaningful 
        negotiations with Israel: Provided, That any waiver of 
        the provisions of section 1003 of Public Law 100-204 
        under paragraph (1) of this subsection or under 
        previous provisions of law must expire before the 
        waiver under the preceding sentence may be exercised.
            (3) Any waiver pursuant to this subsection shall be 
        effective for no more than a period of 6 months at a 
        time and shall not apply beyond 12 months after the 
        enactment of this Act.

                use of funds in contravention of this act

    Sec. 7087.  If the Executive Branch makes a determination 
not to comply with any provision of this Act on constitutional 
grounds, the head of the relevant Federal agency shall notify 
the Committees on Appropriations in writing within 5 days of 
such determination, the basis for such determination and any 
resulting changes to program and policy.

                               TITLE VIII

                    OVERSEAS CONTINGENCY OPERATIONS/

                        GLOBAL WAR ON TERRORISM

                          DEPARTMENT OF STATE

                   Administration of Foreign Affairs

                    diplomatic and consular programs

                     (including transfer of funds)

    For an additional amount for ``Diplomatic and Consular 
Programs'', $4,389,064,000, to remain available until September 
30, 2013, of which $236,201,000 is for Worldwide Security 
Protection and shall remain available until expended:  
Provided, That the Secretary of State may transfer up to 
$230,000,000 of the total funds made available under this 
heading to any other appropriation of any department or agency 
of the United States, upon the concurrence of the head of such 
department or agency, to support operations in and assistance 
for Afghanistan and to carry out the provisions of the Foreign 
Assistance Act of 1961:  Provided further, That such amount is 
designated by the Congress for Overseas Contingency Operations/
Global War on Terrorism pursuant to section 251(b)(2)(A) of the 
Balanced Budget and Emergency Deficit Control Act of 1985.

                   conflict stabilization operations

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

                      office of inspector general

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

               educational and cultural exchange programs

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

            embassy security, construction, and maintenance

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

                      International Organizations

              contributions to international organizations

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

                             RELATED AGENCY

                    Broadcasting Board of Governors

                 international broadcasting operations

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

                            Related Programs

                    united states institute of peace

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

           UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT

                  Funds Appropriated to the President

                           operating expenses

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

                      office of inspector general

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

                     BILATERAL ECONOMIC ASSISTANCE

                  Funds Appropriated to the President

                   international disaster assistance

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

                         transition initiatives

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

                          complex crises fund

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

                         economic support fund

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

                          Department of State

                    migration and refugee assistance

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

                       Department of the Treasury

               international affairs technical assistance

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

                   INTERNATIONAL SECURITY ASSISTANCE

                          Department of State

          international narcotics control and law enforcement

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

    nonproliferation, anti-terrorism, demining and related programs

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

                        peacekeeping operations

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

                  Funds Appropriated to the President

                   foreign military financing program

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

               pakistan counterinsurgency capability fund

                     (including transfer of funds)

    For necessary expenses to carry out the provisions of 
chapter 8 of part I and chapters 2, 5, 6, and 8 of part II of 
the Foreign Assistance Act of 1961 and section 23 of the Arms 
Export Control Act, $850,000,000, to remain available until 
September 30, 2013, for the purpose of providing assistance for 
Pakistan to build and maintain the counterinsurgency capability 
of Pakistani security forces (including the Frontier Corps), to 
include program management, training in civil-military 
humanitarian assistance, human rights training, and the 
provision of equipment, supplies, services, training, and 
facility and infrastructure repair, renovation, and 
construction:  Provided, That notwithstanding any other 
provision of law except section 620M of the Foreign Assistance 
Act of 1961, as amended by this Act, such funds shall be 
available to the Secretary of State, with the concurrence of 
the Secretary of Defense:  Provided further, That such funds 
may be transferred by the Secretary of State to the Department 
of Defense or other Federal departments or agencies to support 
counterinsurgency operations and may be merged with, and be 
available, for the same purposes and for the same time period 
as the appropriation or fund to which transferred or may be 
transferred pursuant to the authorities contained in the 
Foreign Assistance Act of 1961:  Provided further, That the 
Secretary of State shall, not fewer than 15 days prior to 
making transfers from this appropriation, notify the Committees 
on Appropriations, in writing, of the details of any such 
transfer:  Provided further, That the Secretary of State shall 
submit not later than 30 days after the end of each fiscal 
quarter to the Committees on Appropriations a report in writing 
summarizing, on a project-by-project basis, the uses of funds 
under this heading:  Provided further, That upon determination 
by the Secretary of State, with the concurrence of the 
Secretary of Defense, that all or part of the funds so 
transferred from this appropriation are not necessary for the 
purposes herein, such amounts may be transferred by the head of 
the relevant Federal department or agency back to this 
appropriation and shall be available for the same purposes and 
for the same time period as originally appropriated:  Provided 
further, That any required notification or report may be 
submitted in classified form:  Provided further, That the 
amount in this paragraph is designated by the Congress for 
Overseas Contingency Operations/Global War on Terrorism 
pursuant to section 251(b)(2)(A) of the Balanced Budget and 
Emergency Deficit Control Act of 1985.

                           GENERAL PROVISIONS

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

                                   Tim Johnson,
                                   Daniel K. Inouye,
                                   Mary L. Landrieu,
                                   Patty Murray,
                                   Jack Reed,
                                   Ben Nelson,
                                   Mark L. 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: 

[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]

           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:

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                        Military Personnel, Navy

      The conference agreement on items addressed by either the 
House or the Senate is as follows:

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                    Military Personnel, Marine Corps

      The conference agreement on items addressed by either the 
House or the Senate is as follows:

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                     Military Personnel, Air Force

      The conference agreement on items addressed by either the 
House or the Senate is as follows:

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                        Reserve Personnel, Army

      The conference agreement on items addressed by either the 
House or the Senate is as follows:

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                        Reserve Personnel, Navy

      The conference agreement on items addressed by either the 
House or the Senate is as follows:

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                    Reserve Personnel, Marine Corps

      The conference agreement on items addressed by either the 
House or the Senate is as follows:

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                      Reserve Personnel, Air Force

      The conference agreement on items addressed by either the 
House or the Senate is as follows:

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                     National Guard Personnel, Army

      The conference agreement on items addressed by either the 
House or the Senate is as follows:

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                  National Guard Personnel, Air Force

      The conference agreement on items addressed by either the 
House or the Senate is as follows:

[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]

                  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:

[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]

                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:

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                    Operation and Maintenance, Navy

      The conference agreement on items addressed by either the 
House or the Senate is as follows:

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                   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:

[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]

                      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:

[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]

                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:

[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]

                Operation and Maintenance, Army Reserve

      The conference agreement on items addressed by either the 
House or the Senate is as follows:

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                Operation and Maintenance, Navy Reserve

      The conference agreement on items addressed by either the 
House or the Senate is as follows:

[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]

            Operation and Maintenance, Marine Corps Reserve

      The conference agreement on items addressed by either the 
House or the Senate is as follows:

[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]

              Operation and Maintenance, Air Force Reserve

      The conference agreement on items addressed by either the 
House or the Senate is as follows:

[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]

             Operation and Maintenance, Army National Guard

      The conference agreement on items addressed by either the 
House or the Senate is as follows:

[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]

              Operation and Maintenance, Air National Guard

      The conference agreement on items addressed by either the 
House or the Senate is as follows:

[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]

          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:

[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]

                         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:

[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]

                       Missile Procurement, Army

      The conference agreement on items addressed by either the 
House or the Senate is as follows:

[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]

        Procurement of Weapons and Tracked Combat Vehicles, Army

      The conference agreement on items addressed by either the 
House or the Senate is as follows:

[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]

                                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:

[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]

                        Other Procurement, Army

      The conference agreement on items addressed by either the 
House or the Senate is as follows:

[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]

                       Aircraft Procurement, Navy

      The conference agreement on items addressed by either the 
House or the Senate is as follows:

[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]

                      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:

[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]

            Procurement of Ammunition, Navy and Marine Corps

      The conference agreement on items addressed by either the 
House or the Senate is as follows:

[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]

                   Shipbuilding and Conversion, Navy

      The conference agreement on items addressed by either the 
House or the Senate is as follows:

[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]

                        Other Procurement, Navy

      The conference agreement on items addressed by either the 
House or the Senate is as follows:

[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]

                       Procurement, Marine Corps

      The conference agreement on items addressed by either the 
House or the Senate is as follows:

[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]

                    Aircraft Procurement, Air Force

      The conference agreement on items addressed by either the 
House or the Senate is as follows:

[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]

                       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:

[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]

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:

[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]

                      Other Procurement, Air Force

      The conference agreement on items addressed by either the 
House or the Senate is as follows:

[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]

                       Procurement, Defense-Wide

      The conference agreement on items addressed by either the 
House or the Senate is as follows:

[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]

                         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:

[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]

                         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:

[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]

                   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 
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:

[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]

         Research, Development, Test and Evaluation, Air Force

      The conference agreement on items addressed by either the 
House or the Senate is as follows:

[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]

                      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: 

[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]

               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:

[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]

                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:

[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]

                     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:

[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]

                         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:

[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]

            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:

[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]

                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:

[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]

                            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:
    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 System..........................      26,949,000
        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
        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 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: 

[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]

                       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: 

[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]

                    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:

[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]

                  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:

[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]

                     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.
      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

[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]

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:

[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]

    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:

[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]

    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: 

[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]

    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:

[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]

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

                           REGULATORY PROGRAM

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

            FORMERLY UTILIZED SITES REMEDIAL ACTION PROGRAM

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

                 FLOOD CONTROL AND COASTAL EMERGENCIES

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

                                EXPENSES

      The conference agreement provides $185,000,000 for 
Expenses as proposed by the Senate, instead of $177,640,000 as 
proposed by the House. The Act includes language making funds 
available until September 30, 2013, as proposed by the Senate. 
Within the funds provided, the Institute for Water Resources is 
directed to submit to the Senate and House Committees on 
Appropriations within 180 days of enactment of this Act, a 
report on how the Congress should address the critical need for 
additional port and inland waterway modernization to 
accommodate post-Panamax vessels. This study will not impede 
nor delay port or inland waterway projects already authorized 
by Congress. Factors for consideration should include costs 
associated with deepening and widening deep-draft harbors; the 
ability of the waterways and ports to enhance the nation's 
export initiatives benefitting the agricultural and 
manufacturing sectors; the current and projected population 
trends that distinguish regional ports and ports that are 
immediately adjacent to population centers; the availability of 
inland intermodal access; and the environmental impacts 
resulting from the modernization of inland waterways and deep-
draft ports.

     OFFICE OF THE ASSISTANT SECRETARY OF THE ARMY FOR CIVIL WORKS

    The conference agreement provides $5,000,000 for the Office 
of the Assistant Secretary of the Army for Civil Works as 
proposed by the House and Senate. The Act includes language 
making funds available until September 30, 2013, as proposed by 
the Senate.

                        ADMINISTRATIVE PROVISION

    The conference agreement includes a provision relating to 
the replacement and hire of passenger motor vehicles as 
proposed by the House and Senate.

             GENERAL PROVISIONS--CORPS OF ENGINEERS--CIVIL

                     (INCLUDING TRANSFERS OF FUNDS)

    The conference agreement includes a provision proposed by 
the Senate relating to reprogramming. The House proposed a 
similar provision.
    The conference agreement does not include a provision 
proposed by the Senate regarding implementation of competitive 
sourcing or High Performance Organizations. The House proposed 
no similar provision.
    The conference agreement includes a provision proposed by 
the House prohibiting the use of funds to carry out any 
contract that commits funds beyond the amounts appropriated for 
that program, project, or activity. The Senate proposed no 
similar provision.
    The conference agreement includes a provision proposed by 
the House relating to continuing contracts and the Inland 
Waterway Trust Fund. The Senate proposed a similar provision.
    The conference agreement includes a provision proposed by 
the Senate relating to report notifications. The House proposed 
a similar provision.
    The conference agreement includes a provision proposed by 
the Senate providing the Corps of Engineers authorization for 
emergency measures to exclude Asian carp from the Great Lakes. 
The House proposed a similar provision. The conferees do not 
consider hydrologic separation of the Great Lakes Basin from 
the Mississippi River Basin to be an emergency measure 
authorized by this Act. The issue should be fully studied by 
the Corps of Engineers and considered by the appropriate 
congressional committees.
    The conference agreement includes a provision proposed by 
the House and Senate authorizing the transfer of funds to 
facilitate progress on the Greater New Orleans Hurricane and 
Storm Damage Risk Reduction System.
    The conference agreement includes a provision proposed by 
the House and Senate authorizing the transfer of funds to the 
Fish and Wildlife Service to mitigate for fisheries lost due to 
Corps of Engineers projects.
    The conference agreement does not include a provision 
proposed by the House regarding implementation of revised 
guidance on determining jurisdiction under the Clean Water Act. 
The Senate proposed no similar provision.
    The conference agreement includes a provision proposed by 
the Senate authorizing employees to serve on an international 
commission. The House proposed no similar provision.
    The conference agreement includes a provision proposed by 
the Senate authorizing the acquisition of real property for the 
Cold Regions Research and Engineering Laboratory. The House 
proposed no similar provision.
    The conference agreement includes a provision proposed by 
the House regarding the relocation of any regional division 
headquarters located at a military installation. The Senate 
proposed no similar provision.
    The conference agreement includes a provision proposed by 
the House regarding additional authority for the Corps to 
accept funding from non-federal sponsors for authorized federal 
projects. The Senate proposed no similar provision. The 
conferees do not expect these changes to result in more 
architect-engineer design work being undertaken by Corps 
personnel. The conferees expect the Corps to continue its 
contracting efforts for such services as in prior years.
    The conference agreement does not include a provision 
proposed by the Senate regarding restrictions on the use or 
maintenance of any federal dredge. The House proposed no 
similar provision.
    The conference agreement does not include a provision 
proposed by the Senate relating to maintenance standards for 
the federal dredging fleet. The House proposed no similar 
provision.
    The conference agreement does not include a provision 
proposed by the Senate relating to health and safety 
improvements to the dredge ``McFarland''. The House proposed no 
similar provision.
    The conference agreement modifies a provision proposed by 
the Senate relating to 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:

[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]

      Indian Water Rights Settlements.--The conference 
agreement includes funds for these activities in the Water and 
Related Resources account as proposed by both the House and 
Senate, instead of in a separate account as proposed in the 
budget request.
      San Joaquin River Restoration.--The conference agreement 
does not include a separate account for this item. Funding is 
included in the Water and Related Resources account as a 
separate line item under the Friant Division of the Central 
Valley Project. The conferees note that the San Joaquin River 
Restoration Settlement Act has two goals: to restore and 
maintain fish populations in good condition and to reduce or 
avoid adverse water supply impacts to long-term contractors and 
other water users. The conferees direct the Bureau of 
Reclamation to continue to work with all relevant state and 
federal agencies, settlement parties, and third party interests 
to address all concerns so the mutual goals of the Settlement 
Act can be achieved.
      Arthur Bowman Dam.--The conference agreement includes 
House direction regarding hydropower development at Arthur 
Bowman Dam located in Crook County, Oregon.
      Buried Metallic Water Pipe.--The conferees are aware of 
several concerns regarding implementation and review of 
Reclamation's Technical Memorandum 8140-CC-2004-1 (``Corrosion 
Considerations for Buried Metallic Water Pipe''). Specifically, 
the conferees are concerned that Reclamation's use of this 
memorandum may be holding different materials to different 
standards of reliability and increasing project costs 
unnecessarily. Therefore, Reclamation should not use the 
memorandum as the sole basis to deny funding or approval of a 
project or to disqualify any material from use in highly 
corrosive soils. Additionally, the conferees direct Reclamation 
to follow the recommendation of the National Academy of 
Sciences to assemble data on pipeline reliability for all types 
of pipe specified in Table 2 of Technical Memorandum 8140-CC-
2004-1 along with the specified corrosion protection applied in 
the various soil types (``Review of the Bureau of Reclamation's 
Corrosion Prevention Standards for Ductile Iron Pipe'' (2009)) 
and to conduct an analysis of the performance of these types of 
pipe installed in the same or similar conditions. This review 
should also include an analysis of the economics, cost-
effectiveness and life-cycle costs associated with the various 
materials under evaluation.
      Additional Funding for Water and Related Resources 
Work.--The conference agreement includes additional funds as 
proposed by the Senate. The conferees direct that priority in 
allocating these funds should be to advance and complete 
ongoing work, improve water supply reliability, improve water 
deliveries, enhance regional or local economic development, 
promote job growth or for critical backlog maintenance and 
rehabilitation activities. Within 30 days of enactment, 
Reclamation shall provide to the House and Senate Committees on 
Appropriations a report delineating how these funds are to be 
distributed, in which phase the work is to be accomplished, and 
an explanation of the criteria and rankings used to justify 
each allocation. This report shall also include the 
reassessment of allocation among rural water systems as 
directed by the House.

                CENTRAL VALLEY PROJECT RESTORATION FUND

      The conference agreement provides $53,068,000 for the 
Central Valley Project Restoration Fund, as proposed by the 
House and Senate.

                    CALIFORNIA BAY-DELTA RESTORATION

                     (INCLUDING TRANSFERS OF FUNDS)

      The conference agreement provides $39,651,000 for the 
California Bay-Delta Restoration program as proposed by the 
Senate, instead of $35,928,000 as proposed by the House.

                       POLICY AND ADMINISTRATION

      The conference agreement provides $60,000,000 for Policy 
and Administration as proposed by the House and Senate. The Act 
includes language making funds available until September 30, 
2013, as proposed by the Senate.

                        ADMINISTRATIVE PROVISION

      The conference agreement includes a provision limiting 
the Bureau of Reclamation to purchase not more than five 
passenger vehicles for replacement only, as proposed by the 
House.

             GENERAL PROVISIONS--DEPARTMENT OF THE INTERIOR

      The conference agreement includes a provision proposed by 
the Senate outlining the circumstances under which the Bureau 
of Reclamation may reprogram funds. The House proposed a 
similar provision.
      The conference agreement includes a provision proposed by 
the House and Senate regarding the San Luis Unit and the 
Kesterson Reservoir in California.
      The conference agreement does not include a provision 
proposed by the House permanently rescinding mandatory funds 
from the San Joaquin River Restoration Fund. The Senate 
proposed no similar provision.
      The conference agreement includes a provision proposed by 
the Senate regarding the Lake Mead/Las Vegas Wash Program. The 
House proposed no similar provision.
      The conference agreement modifies a provision proposed by 
the Senate extending authorizations under the Water 
Desalination Act of 1996. The House proposed no similar 
provision.
      The conference agreement includes a provision proposed by 
the Senate regarding the Bay Delta Conservation Plan. The House 
proposed no similar provision.
      The conference agreement includes a provision proposed by 
the Senate regarding participation in non-federal groundwater 
banking programs. The House proposed no similar provision.
      The conference agreement includes a provision proposed by 
the Senate regarding water transfers in California. The House 
proposed no similar provision.
      The conference agreement does not include a provision 
proposed by the Senate regarding expenditure of mandatory funds 
under the San Joaquin River Restoration Fund. The House 
proposed no similar provision.
      The conference agreement includes a provision proposed by 
the Senate regarding the Desert Terminal Lakes Program. The 
House proposed no similar provision.

                               TITLE III

                          DEPARTMENT OF ENERGY

      The summary tables at the end of this title set forth the 
dispositions with respect to the individual appropriations, 
programs, and activities of the Department of Energy. 
Additional items in the Act are discussed below.
      The conference agreement provides $25,748,081,000 for the 
Department of Energy, instead of $24,722,046,000 as proposed by 
the House and $25,548,976,000 as proposed by the Senate, to 
fund programs in its five primary mission areas: science, 
energy, environment, nuclear non-proliferation and national 
security.
      Contractor Pensions and Benefits.--The conferees support 
actions taken to improve headquarters oversight of contractor 
pensions and other post-retirement benefits. Given the 
government has assumed the long-term liability for pension 
costs, the conferees encourage the Department to evaluate 
alternatives to contractually formalize requirements for the 
management of pension and other post-retirement benefits. 
Instead of the House direction on reporting requirements for 
pensions and prohibition on contribution amounts, the conferees 
direct the Department to report current plan status, funding 
ratios, reimbursement levels, projected plan status at budgeted 
levels, and any updates to funding ratios and contributions 
with or as supplemental information to the budget request. This 
information should be updated in April and September of each 
year. Changes to expected contribution levels should be clearly 
explained and the Department should note any changes in plan 
management that have impacted contribution amounts. Any funding 
request which proposes a contribution in excess of the minimum 
ERISA or Pension Protection Act requirements should include a 
detailed justification.
      Nuclear Safety.--Instead of the House direction for a 
safety review of all cleanup sites, the conferees direct the 
Secretary of Energy to review all Department of Energy nuclear 
facility construction projects with a total project cost 
greater than $1,000,000,000 to determine if those projects are 
being managed in a way which could pressure contractors or 
Department managers to disregard nuclear safety in order to 
demonstrate acceptable project performance. The review should 
investigate contract management, including the award of 
contractor fee, project management practices, and the framing 
of program and policy goals to evaluate if Department practices 
have complicated efforts to foster a positive nuclear safety 
culture or resolve nuclear safety-related design issues. The 
Secretary shall report to the House and Senate Committees on 
Appropriations no later than May 1, 2012, on improvements to 
contracting and other management practices which will assist 
Department managers in ensuring that design flaws and safety 
issues do not go ignored or unrecognized.
      H-Canyon.--Instead of the House requirement to provide 
funding to the National Academy of Sciences, the Department 
shall conduct its own review to explore the full range of 
potential uses for the chemical processing areas of H-Canyon at 
the Savannah River Site and report back to the House and Senate 
Committees on Appropriations within 3 months of enactment of 
this Act. The options considered should not be limited to uses 
by the Office of Environmental Management, but should 
incorporate uses which may contribute to meeting the goals of 
other program offices within the Department of Energy and the 
National Nuclear Security Administration.
      Exascale Computing.--The conferees support the 
Department's initiative to develop exascale computing as a 
crucial component of long-term U.S. leadership, but are 
concerned that the Department has not yet developed an 
integrated strategy and program plan. The Department is 
directed to submit to the House and Senate Committees on 
Appropriations, not later than February 10, 2012, a joint, 
integrated strategy and program plan for the crosscutting 
effort to develop exascale computing that includes:
          --a target date for developing an operational 
        exascale platform;
          --interim milestones toward reaching that target;
          --minimum requirements for an exascale system, 
        including power consumption efficiency goals;
          --multi-year budget estimates for the exascale 
        initiative and costs of meeting each interim milestone;
          --clear roles and responsibilities for each office 
        involved in exascale research and development; and
          --a complete listing of exascale activities included 
        in the fiscal year 2013 budget request broken out by 
        program, project and activity with comparisons to the 
        current year's funding levels.
      Energy Innovation Hubs.--For each Energy Innovation Hub 
funded in this Act, the Department is directed to deliver to 
the House and Senate Committees on Appropriations, not later 
than 120 days after enactment of this Act, a report detailing 
milestones and performance goals for the end of each of the 
Hub's five fiscal years, and specific milestones and 
performance criteria the Hub must meet to be considered for a 
second five-year term. For Hubs established in prior fiscal 
years, the report shall include current performance against 
planned milestones, and a summary of progress against plans for 
staffing and facilities. For new Hubs, the report shall include 
a plan and timeline for selecting an awardee.
      PCAST Recommendations.--The conferees direct the 
Secretary of Energy, within 6 months of enactment of this Act, 
to submit a report detailing how the Department has or will 
implement in all Energy Programs the following features that 
have been used successfully in ARPA-E and highlighted by the 
President's Council of Advisors on Science and Technology:
          --a rigorous review process;
          --contract or grant negotiations completed in just a 
        few months;
          --co-location within the program offices of such 
        support functions as procurement, contracts, human 
        resources, and information technology services; and
          --an agile and innovative workforce.

                       Reprogramming Requirements

      The conference agreement carries the Department's 
reprogramming authority in statute to ensure that the 
Department carries out its programs consistent with 
congressional direction, as proposed by the House. This 
modified provision includes reprogramming authority internal to 
each account, as long as no program, project or activity is 
increased or decreased by more than $5,000,000 or 10 percent, 
compared to the levels included in the ``Conference'' column in 
the ``Department of Energy'' table included under the heading 
``Title III--Department of Energy'' in this joint explanatory 
statement. No new transfer authority between accounts other 
than that explicitly granted in this Act is included or 
implied. The conferees expect the Department to use this 
additional flexibility to improve budget execution, meet 
emergent program needs, and reduce program costs. For 
reallocations above the $5,000,000 or 10 percent cumulative 
threshold, a reprogramming request must be submitted to the 
House and Senate Committees on Appropriations for consideration 
and may not be implemented prior to approval by the Committees. 
Any reallocation of new or prior-year budget authority or 
prior-year de-obligations, or any request to implement a 
reorganization which includes moving previous appropriations 
between appropriations accounts must be submitted to the House 
and Senate Committees on Appropriations in writing and may not 
be implemented prior to approval by the Committees.
      Definitions.--A reprogramming includes the reallocation 
of funds from one program, project or activity to another 
within an appropriation.
      The conferees are concerned the Department is over-
committing future budgets by announcing multi-year awards 
subject to future appropriations for a substantial portion of 
activities within Energy Programs. The Department is directed 
to transition to a model in which it fully funds multi-year 
awards with appropriated funds, except in the cases of major 
capital projects, management and operating contracts, and large 
research centers which require multi-year awards subject to 
appropriations. As part of that transition, the conference 
agreement includes a provision requiring that any multi-year 
award must be subject to appropriations and the Department must 
notify the House and Senate Committees on Appropriations at 
least 14 calendar days prior to public announcement of the 
award. The Department shall deliver each notification as a 
cumulative list of all notifications under this subsection, to 
include: recipient; appropriations account, program, and 
activity; award date; total amount of award; amount awarded 
from fiscal year 2012 appropriations; amount awarded from prior 
appropriations; amount awarded subject to future 
appropriations; and an explanation of the special circumstances 
justifying commitment of future funds. The conferees do not 
include a House provision prohibiting the use of multi-year 
awards, but will reconsider this legislative prohibition in 
future years depending on the Department's performance in 
transitioning to fully funding its multi-year awards.

                            ENERGY PROGRAMS

                 Energy Efficiency and Renewable Energy

                    (INCLUDING RESCISSION OF FUNDS)

      The conference agreement provides $1,825,000,000 in new 
budget authority for Energy Efficiency and Renewable Energy, 
instead of $1,308,436,000 as proposed by the House and 
$1,795,641,000 as proposed by the Senate, and rescinds 
$9,909,000 in prior-year balances.
      The conference agreement does not include a Senate 
provision directing energy efficiency rulemakings for 
televisions and set-top boxes within 12 months of enactment of 
this Act. The conference agreement does not include a Senate 
provision regarding the Defense Production Act.
      Biomass and Biorefinery Systems Research and 
Development.--The conferees strongly encourage the Department 
to conduct only research, development, and demonstration 
activities advancing technologies that produce fuels and 
electricity from biomass, crops and crop components that could 
not otherwise be used as food. To that end, the conferees 
support efforts to develop cellulosic feedstocks and direct the 
Department to consider a broad portfolio of options, including 
biofuels sources such as the non-food components of biomass 
sorghum.
      Within available funds, a total of $30,000,000 is 
provided for algae biofuels. The conference agreement includes 
no funds for the cellulosic biofuels reverse auction proposed 
in the request.
      Solar Energy.--The conferees support the Department's 
existing solar energy research, development, and demonstration 
activities, and encourage the Department to include in these 
efforts disruptive solar energy utilization technologies, 
fabrication methods that yield ultra-low cost solar cells, 
technologies for ultra-high efficiency solar cells, 
technologies designed to simulate the operation of solar cells, 
and other methods to yield advanced science and engineering 
approaches to solar cells.
      Wind Energy.--The conferees support the Department's 
efforts to develop advanced offshore wind energy technologies, 
including freshwater, deepwater, shallow water, and 
transitional depth installations.
      Geothermal Technology.--The Geothermal Technology program 
may not announce new funding opportunities that result in total 
mortgages on future fiscal years in excess of half of the 
program's fiscal year 2012 appropriation. Within available 
funds, the conferees direct the Department to make not less 
than $5,000,000 available to continue development and 
deployment of low-temperature geothermal systems. The 
Department shall continue its support of comprehensive programs 
that support academic and professional development initiatives. 
For future awards, the full spectrum of geothermal technologies 
as authorized by the Energy Independence and Security Act of 
2007 (Public Law 110-140) shall be eligible for the funds 
appropriated for Geothermal Technology by this Act.
      Water Power.--The conference agreement provides 
$59,000,000 for Water Power, of which $34,000,000 is for marine 
and hydrokinetic technology research, development and 
demonstration, and $25,000,000 is for conventional hydropower 
research, development and demonstration. Within available 
funds, the Department is directed to provide not less than 
$10,000,000 to build necessary infrastructure, including 
environmental performance monitoring, at marine and 
hydrokinetic industry testing sites designated by the 
Department as National Marine Renewable Energy Centers.
      Vehicle Technologies.--The conference agreement includes 
$28,244,000 for lightweight materials, to include $4,000,000 
for modeling and design for vehicle optimization. The conferees 
provide $28,000,000 for Vehicle Technologies Deployment, of 
which $3,000,000 is to commission a National Academies study on 
electric vehicle market barriers, as directed in the House 
report.
      Building Technologies.--The conference agreement includes 
$24,300,000 for the Energy Efficient Building Systems Design 
Energy Innovation Hub, and the House direction for a strategic 
plan regarding geothermal heat pumps. The conferees provide 
$25,832,000 for lighting research and development, to include 
$12,000,000 for research and development into manufacturing 
improvements for general illumination solid state lighting. The 
conference agreement includes no funds within Commercial 
Buildings Integration for new state and municipal government 
grant programs relating to codes, performance standards and 
regulations.
      Industrial Technologies.--The conference agreement 
includes $20,000,000 for the Energy Innovation Hub for Critical 
Materials. Within available funds, the conference agreement 
includes not less than $4,205,000 for improvements in 
production in the steel industry, and the Department is 
directed to continue supporting improvements in mechanical 
insulation. The Department is directed to continue funding 
mortgages on all past multi-year awards within the Combined 
Heat and Power program, unless a project fails to meet 
milestones or other terms of the award. The conferees provide 
no funding for Manufacturing Energy Systems.
      Strategic Programs.--The Department is directed to only 
fund activities within the International Program that directly 
benefit domestic industry, increase American energy self-
sufficiency, further United States research efforts, or reduce 
domestic pollution. Within available funds, the conference 
agreement includes $2,000,000 for the U.S.-Israel energy 
cooperative agreement.
      Weatherization Assistance.--The conference agreement 
includes a provision giving the Secretary authority to waive 
the weatherization formula in order to distribute fiscal year 
2012 funds to states, once they have spent all prior-year and 
emergency funds, at a rate of spending consistent with the 
fiscal year 2011 level.

              Electricity Delivery and Energy Reliability

      The conference agreement provides $139,500,000 for 
Electricity Delivery and Energy Reliability, instead of 
$139,496,000 as proposed by the House and $141,010,000 as 
proposed by the Senate.
      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 Coal and Coal-Biomass to Liquids, and 
not less than $25,000,000 to continue research, development, 
and demonstration of solid oxide fuel cell systems.
      Within CCS and Power Systems, the conference agreement 
includes $35,031,000 for NETL Coal Research and Development, to 
include Integrated Gasification Combined Cycle, Turbines, 
Carbon Sequestration, Fuels, Fuel Cells, and Advanced Research 
activities. The reduction in Program Direction funding reflects 
the relocation of NETL Direct Program Direction into this 
research line, in order to increase transparency by grouping 
together all fossil energy research activities and by including 
only oversight and management activities within Program 
Direction. The Department is directed to continue including in 
the budget request all full-time equivalent information within 
this program line, as it has been doing previously within 
Program Direction.
      Natural Gas Technologies.--The conference agreement 
provides $15,000,000, of which $10,000,000 is for gas hydrates 
research.
      Other Programs.--Within available funds, the conference 
agreement includes $2,000,000 for the Department to continue 
the Risk Based Data Management System.

                 Naval Petroleum and Oil Shale Reserves

      The conference agreement provides $14,909,000 for the 
operation of the Naval Petroleum and Oil Shale Reserves as 
proposed by the House and Senate.

                      Strategic Petroleum Reserve

      The conference agreement provides $192,704,000 for the 
Strategic Petroleum Reserve as proposed by the House and 
Senate.

                         SPR Petroleum Account

                    (INCLUDING RESCISSION OF FUNDS)

      The conference agreement includes a rescission of funds 
in the amount of $500,000,000 from existing balances within 
this account, rather than direction included in the House and 
Senate bills to sell an additional $500,000,000 of Reserves to 
enable operational maintenance of the caverns. A sale in 
calendar year 2011 unanticipated by the Administration's fiscal 
year 2012 budget request provides the necessary flexibility to 
address the infrastructure needs. The conference agreement 
includes no repeal or modification of royalty-in-kind 
provisions, as proposed by the Senate and House, respectively.

                   Northeast Home Heating Oil Reserve

                    (INCLUDING RESCISSION OF FUNDS)

      The conference agreement provides $10,119,000 for the 
Northeast Home Heating Oil Reserve as proposed by the House and 
Senate. The conference agreement includes a rescission of 
excess revenues from a sale in fiscal year 2011, valued at 
approximately $100,000,000, as proposed by the House and 
Senate. The conference agreement includes a provision proposed 
by the House affirming the Administration's plans to limit the 
size of the Reserve to one million barrels of petroleum 
distillate.

                   Energy Information Administration

      The conference agreement provides $105,000,000 for the 
Energy Information Administration.

                   Non-Defense Environmental Cleanup

      The conference agreement provides $235,721,000 for Non-
Defense Environmental Cleanup, instead of $254,121,000 as 
proposed by the House and $219,121,000 as proposed by the 
Senate.
      Small Sites.--The conference agreement provides 
$67,430,000 for Small Sites. In response to a lack of progress 
on addressing existing contamination and seismic deficiencies 
within buildings that are located in heavily used areas at some 
Department national laboratories, the Department is directed to 
use additional funds above the amount requested to improve 
health and safety by cleaning up existing contamination and 
improving the seismic standards of buildings within Department 
laboratory grounds. The conference agreement directs the 
Department to provide a report on Small Sites as directed in 
the House and Senate reports within 3 months of enactment of 
this Act.

      Uranium Enrichment Decontamination and Decommissioning Fund

      The conference agreement provides $472,930,000 for 
activities funded from the Uranium Enrichment Decontamination 
and Decommissioning Fund, instead of $449,000,000 as proposed 
by the House and $429,000,000 as proposed by the Senate. This 
amount includes post closure contract liabilities, pensions, 
and community and regulatory program support. The conference 
agreement does not include the House provision restricting the 
Department's use of up to $150,000,000 in proceeds from the 
barter, transfer, or sale of uranium to carry out uranium 
enrichment facility decontamination and decommissioning and 
remedial actions.
      The conferees are aware that the Department has yet to 
alter the contractual mechanism by which it has been 
transferring uranium to a contractor in exchange for additional 
cleanup services at Portsmouth in order to correct the 
violations of federal law cited in the Government 
Accountability Office's report ``Clarifying DOE's Disposition 
Options Could Help Avoid Further Legal Violations'' (GAO-11-
846). This type of arrangement continues to be off-budget and 
inappropriately bypasses the congressional appropriations 
process. There is also considerable concern that the increasing 
amount of uranium being transferred could destabilize the 
uranium market and thereby adversely impact our domestic 
uranium mining industry.
      The conferees request the Comptroller General to report 
to the Committees on Appropriations of the House of 
Representatives and the Senate, not later than March 15, 2012, 
on the progress the Department has made in resolving the 
concerns raised in GAO-11-846. To increase transparency into 
Department of Energy actions, the Department shall fully adhere 
to the reporting requirements in this Act and have a current 
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 $0 for nuclear waste 
disposal, as proposed by the Senate, instead of $25,000,000 as 
proposed by the House.

               Advanced Research Projects Agency--Energy

      The conference agreement provides $275,000,000 for the 
Advanced Research Projects Agency--Energy, of which $20,000,000 
is provided for Program Direction.

         Title 17 Innovative Technology Loan Guarantee Program

      The conference agreement provides $38,000,000 for 
administrative expenses for the Title 17 Innovative Loan 
Guarantee Program, as proposed by the House and Senate. This 
appropriation is fully offset by revenue, resulting in a $0 net 
appropriation. The conference agreement includes no funding for 
new loan guarantees, instead of $160,000,000 as proposed by the 
House and $200,000,000 as proposed by the Senate.

        Advanced Technology Vehicles Manufacturing Loan Program

      The conference agreement provides $6,000,000 for Advanced 
Technology Vehicles Manufacturing Loan Program, as proposed by 
the House and Senate.

                      Departmental Administration

      The conference agreement provides $237,623,000 for 
Departmental Administration as proposed by the Senate, instead 
of $63,374,000 as proposed by the House. The conferees provide 
$1,000,000 within available funds to contract with the National 
Academy of Public Administration (NAPA) for an independent 
review of the management and oversight of the Department's 
national laboratories. NAPA should consider such issues as 
whether existing laboratory performance metrics for the 
Department's management and operations contractors measure 
critical aspects of their performance and how the Department 
utilizes performance metrics and data. NAPA should coordinate 
with the GAO and the National Academy of Sciences over the 
course of its study to prevent duplication of effort by using 
the results of their studies to the extent that they are 
available. NAPA should submit a report with its findings, 
conclusions, and recommendations no later than 9 months after 
the Department has contracted with NAPA pursuant to this 
directive.

                    Office of the Inspector General

      The conference agreement provides $42,000,000 for the 
Office of the Inspector General, instead of $41,774,000 as 
proposed by the House and Senate.

                    ATOMIC ENERGY DEFENSE ACTIVITIES

                NATIONAL NUCLEAR SECURITY ADMINISTRATION

      The National Nuclear Security Administration (NNSA), a 
semi-autonomous agency within the Department of Energy, manages 
the nation's nuclear weapons programs, nuclear nonproliferation 
programs, and naval reactors activities.
      The conference agreement provides $11,000,000,000 for the 
National Nuclear Security Administration.
      Warhead Life Extensions.--The NNSA is directed to fully 
adhere to the new reporting requirements for early life 
extension activities contained in the House report beginning 
with submission of the fiscal year 2013 budget request, and to 
the reporting requirement for the B61 Life Extension Program in 
the Senate report within 3 months of enactment. In lieu of the 
JASON B61 study directed in the Senate report, if the NNSA's 
selected option for the B61 Life Extension Program includes any 
nuclear scope, the JASON group of scientific advisors shall 
submit an assessment by September 1, 2012, to the House and 
Senate Committees on Appropriations on the extent to which the 
nuclear scope is needed to enhance the safety, security, and 
maintainability of a refurbished B61 and whether 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 education to 
develop programs that support graduate research assistantships, 
implement educational programs that meet NNSA technical needs, 
and implement workforce development initiatives.

                           Weapons Activities

      The conference agreement provides $7,233,997,000 for 
Weapons Activities, instead of $7,091,661,000 as proposed by 
the House and $7,190,000,000 as proposed by the Senate.
      Directed Stockpile Work.--The conference agreement 
provides $1,879,527,000 for Directed Stockpile Work. The NNSA 
is directed to use $175,000,000 within Stockpile Systems and 
$64,000,000 within Stockpile Services for surveillance 
activities. If the NNSA accomplishes the planned scope of 
surveillance activities more efficiently than estimated, up to 
10 percent of the $175,000,000 and $64,000,000 may be 
reallocated to other activities. The NNSA is directed to 
provide full funding within amounts provided for Management, 
Technology, and Production to implement JASON Surety Study 
recommendations to counter current and future threats to the 
stockpile. The NNSA is further directed to adhere to the 
guidance in the Senate report to provide a report on 
maintaining a pit manufacturing capability to meet stockpile 
needs to the House and Senate Committees on Appropriations 
within 3 months of enactment of this Act.
      The conference agreement provides $223,562,000 for the 
B61 Life Extension Program, as requested. Of these funds, 
$134,137,000 shall not be made available for the B61 Life 
Extension Program until the NNSA submits to the House and 
Senate Committees on Appropriations the outcome of the Phase 
6.2/2A design definition and cost study. The conferees remain 
concerned about the NNSA's ability to execute its planned scope 
for the B61 under an affordable life extension program that 
will meet the requirement to refurbish the first unit by 2017.
      The conference agreement provides $99,518,000 for W78 
Stockpile Systems as proposed by the House, which includes 
$37,087,000 for a life extension study of the W78 because of 
delays in commencing the Phase 6.1 study. The conference 
agreement provides $75,728,000 for W88 Stockpile Systems, which 
includes $30,000,000 to commence a conceptual study for a minor 
refurbishment of the W88. The NNSA is directed to maintain 
separate accounting for the W78 and W88 studies and to identify 
those costs separately within the budget request for Stockpile 
Systems.
      Campaigns.--The conference agreement provides 
$1,701,982,000 for the science, technology and engineering 
campaigns. The conferees provide $476,274,000 for the Inertial 
Confinement Fusion and High Yield Campaign, which includes 
$62,500,000 for Omega at the University of Rochester, 
$48,000,000 for the Z facility at Sandia National Laboratory, 
and $5,000,000 for the Naval Research Laboratory, as requested.
      Readiness in Technical Base and Facilities.--The 
conference agreement provides $2,009,155,000 for Readiness in 
Technical Base and Facilities. No funding is provided for 
Institutional Site Support. Historically, the NNSA has used 
this funding line to mask underfunding in the request for 
individual site facility operations. More recently, it has 
pushed the costs of contractor pensions into this activity. 
Since the conference agreement fully funds operations and 
maintenance at each site and separately budgets for legacy 
pensions, this activity is no longer required. Infrastructure 
activities that are not site specific, such as headquarters 
contractor support and assessments, may be funded under Program 
Readiness.
      TRU Waste Facility.--The conferees provide $9,881,000 for 
Phase A of the TRU Waste Facility project, which consists of 
site infrastructure preparatory work. No Phase B activities are 
permitted until a project baseline is completed and provided to 
the House and Senate Committees on Appropriations.
      Chemistry and Metallurgy Research Replacement (CMRR) 
Project.--The conference agreement provides $200,000,000. No 
construction activities are funded for the CMRR-Nuclear 
Facility during fiscal year 2012.
      Legacy Contractor Pensions.--The conference agreement 
provides $168,232,000 for Legacy Contractor Pensions to meet 
the ongoing costs of the University of California contractor 
defined benefit pension plans. The NNSA requested these funds 
within Readiness in Technical Base and Facilities and a 
separate line is provided to improve transparency.
      National Security Applications.--The conference agreement 
provides $10,000,000, for Advanced Analysis, Tools, and 
Technologies activities to continue improved support to the 
intelligence community and to maintain the nuclear technical 
capabilities for nuclear weapons assessments.

                    Defense Nuclear Nonproliferation

                    (INCLUDING RESCISSION OF FUNDS)

      The conference agreement provides $2,324,303,000 for 
Defense Nuclear Nonproliferation, instead of $2,091,770,000 as 
proposed by the House and $2,383,300,000 as proposed by the 
Senate, and rescinds $21,000,000, as proposed by the Senate.
      Nonproliferation and Verification Research and 
Development.--The conference agreement provides $356,150,000 
for Nonproliferation and Verification Research and Development. 
Within this amount, the conferees provide $132,800,000 for 
Nuclear Detonation Detection, which includes an additional 
$5,700,000 above the request for underground, underwater, and 
atmospheric detonation detection. The request included 
$55,823,000 for legacy contractor pensions that are provided 
separately, as well as an additional $15,625,000 above program 
needs to meet anticipated growth in contractor defined benefit 
pension plan costs that are no longer needed.
      Nonproliferation and International Security.--The 
conference agreement provides $155,305,000 for Nonproliferation 
and International Security. Within this amount, the conferees 
provide $14,972,000 for the Global Initiative for Proliferation 
Prevention.
      Fissile Materials Disposition.--The conference agreement 
provides $685,386,000 for Fissile Materials Disposition. The 
conferees provide no construction funding for the Pit 
Disassembly and Conversion (PDCF) project because the NNSA has 
not completed a study of alternatives or a conceptual design 
report with a cost and schedule estimate that is required under 
Department of Energy guidance. Instead of the Senate 
requirement for an update of the costs for the PDCF and the MOX 
Fuel Fabrication Facility, the conferees direct the NNSA to 
provide a report on the status of plans to provide adequate 
plutonium feedstock to operate the MOX facility to the House 
and Senate Committees on Appropriations within 3 months of 
enactment of this Act. The conferees direct the use of 
$20,500,000 in prior-year uncommitted balances within U.S. 
Plutonium Disposition to prepare plutonium feedstock at H-
Canyon in fiscal year 2012 and to identify funding for both H-
Canyon and ARIES within the fiscal year 2013 budget request.
      Global Threat Reduction Initiative.--The conference 
agreement provides $500,000,000 for the Global Threat Reduction 
Initiative. The conference agreement does not include House 
direction which restricts funding for Domestic Radiological 
Material Removal.
      Legacy Contractor Pensions.--The conference agreement 
provides $55,823,000 for Legacy Contractor Pensions to meet the 
ongoing costs of the legacy University of California defined 
benefit pension plans. The NNSA requested these funds within 
Nonproliferation and Verification Research and Development and 
a separate line is provided to improve transparency.
      Rescission.--The conference agreement rescinds 
$21,000,000 in prior-year balances and directs their 
application to meet fiscal year 2012 needs as described above.

                             Naval Reactors

      The conference agreement provides $1,080,000,000 for 
Naval Reactors, instead of $1,030,600,000 as proposed by the 
House and $1,100,000,000 as proposed by the Senate. The 
conference agreement does not include House language directing 
a transition to budgeting by ship system. Funding for Naval 
Reactors Operations and Maintenance is provided under the 
following control points starting in fiscal year 2012, in order 
to improve the transparency of the major multi-year initiatives 
and to distinguish the cost of operations and infrastructure 
from the cost of research and development.
      OHIO Replacement Reactor Systems Development.--The 
conference agreement provides $121,300,000 as requested.
      S8G Prototype Refueling.--The conference agreement 
provides $99,500,000 as requested.
      Naval Reactors Development.--The conference agreement 
provides $421,000,000.
      Naval Reactors Operations and Infrastructure.--The 
conference agreement provides $358,300,000, which includes 
funding for conceptual design of the Spent Fuel Infrastructure 
Recapitalization Project at Idaho in order to continue critical 
path activities.

                      Office of the Administrator

      The conference agreement provides $410,000,000 for the 
Office of the Administrator, instead of $400,000,000 as 
proposed by the House and $404,000,000 as proposed by the 
Senate. The conference agreement includes the requested amount 
of $6,000,000 for Weapons, $3,000,000 for Defense Nuclear 
Nonproliferation, and $1,000,000 for Naval Reactors to engage 
Historically Black Colleges and Universities, and further 
directs the engagement of Hispanic Serving Institutions and 
minority outreach at other colleges and universities.
      The conferees are concerned with overlap and duplication 
between the NNSA Office of Congressional Affairs, the 
Department of Energy (DOE) Office of Congressional Affairs, and 
the DOE Chief Financial Officer's External Coordination office 
(CFO ExCo). The conferees believe that the CFO ExCo can provide 
appropriate liaison support to the Committees on Appropriations 
and that one consolidated Congressional Affairs office can 
provide adequate support to the rest of the legislative branch. 
The conferees direct the Department to propose a consolidation 
of the 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 
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 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) 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 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 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 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 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 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 RESCISSIONS)

      The conferees agree to the following provisions:
      Section 601 prohibits paying expenses or otherwise 
compensating non-Federal parties in regulatory or adjudicatory 
proceedings funded in this Act.
      Section 602 prohibits obligations beyond the current 
fiscal year and transfers of funds unless expressly so provided 
herein.
      Section 603 limits consulting service expenditures to 
contracts where such expenditures are a matter of public 
record, with exceptions.
      Section 604 prohibits funds from being transferred to any 
department, agency, or instrumentality of the United States 
without express authority provided in this or any other 
appropriations Act.
      Section 605 prohibits the use of funds to engage in 
activities that would prohibit the enforcement of section 307 
of the 1930 Tariff Act.
      Section 606 prohibits funds from being expended unless 
the recipient agrees to comply with the Buy American Act.
      Section 607 prohibits funding to a person or entity 
convicted of violating the Buy American Act.
      Section 608 provides reprogramming authority and requires 
agencies to submit financial plans to the House and Senate 
Appropriations Committees.
      Section 609 provides that not to exceed 50 percent of 
unobligated balances from salaries and expenses may remain 
available for certain purposes.
      Section 610 prohibits funds for the Executive Office of 
the President to request any official background investigation 
from the Federal Bureau of Investigation unless the person has 
given consent or there are national security circumstances.
      Section 611 requires that cost accounting standards not 
apply to a contract under the Federal Employees Health Benefits 
Program.
      Section 612 permits the Office of Personnel Management to 
accept funds regarding the nonforeign area cost of living 
allowances.
      Section 613 prohibits the expenditure of funds for 
abortions under the Federal Employees Health Benefits Program.
      Section 614 provides an exemption from section 613 if the 
life of the mother is in danger or the pregnancy is a result of 
an act of rape or incest.
      Section 615 waives restrictions on the purchase of non-
domestic articles, materials, and supplies for information 
technology acquired by the Federal Government.
      Section 616 prohibits the acceptance by any regulatory 
agency or commission funded by this Act, or by their officers 
or employees, of payment or reimbursement for travel, 
subsistence, or related expenses from any person or entity (or 
their representative) that engages in activities regulated by 
such agency or commission.
      Section 617 provides authority for the Public Company 
Accounting Oversight Board to obligate funds for a scholarship 
program.
      Section 618 rescinds $998,000 in unobligated balances for 
the Privacy and Civil Liberties Oversight Board. The conferees 
note the Board has yet to be established.
      Section 619 requires the President to transmit proposed 
deficiency and supplemental appropriations requests to Congress 
on behalf of the judicial and legislative branches as is 
presently done for the executive branch.
      Section 620 permits the SEC and CFTC to fund a joint 
advisory committee to advise on emerging regulatory issues, 
notwithstanding section 708 of this Act.
      Section 621 includes language regarding the Abraham 
Lincoln Commemorative Coin Act.
      Section 622 allows the publication in the Federal 
Register of a reference to the Help America Vote Act State 
plans, rather than publication of the complete State plans.
      Section 623 rescinds $25,000,000 from the Securities and 
Exchange Commission Reserve Fund established by the Dodd-Frank 
Wall Street Reform and Consumer Protection Act.
      Section 624 requires certain agencies to provide 
quarterly reports on unobligated prior year balances.
      Section 625 requires agencies covered by this Act with 
independent leasing authority to consult with the General 
Services Administration before seeking new office space or 
making alterations to existing office space.
      Section 626 prohibits funds for the FTC to complete the 
draft report on food marketed to children unless certain 
requirements are met.
      Section 627 prohibits funds for certain positions.
      Section 628 provides that no FCC funds may be used, or 
otherwise permitted, for certain commercial terrestrial 
operations.
      Section 629 prohibits funding for hiring new Federal 
employees that are not verified through the E-Verify Program.
      Section 630 prohibits funds to any corporation with 
certain unpaid Federal tax liabilities unless the agency has 
considered suspension or debarment of the corporation and made 
a determination that further action is not necessary to protect 
the interests of the Government.
      Section 631 prohibits funds to any corporation that was 
convicted of a felony criminal violation within the preceding 
24 months unless the agency has considered suspension or 
debarment of the corporation and made a determination that 
further action is not necessary to protect the interests of the 
Government.
      Section 632 delays a statutory requirement for the United 
States Postal Services to make a payment to the Postal Service 
Retiree Health Benefit Fund until August 1, 2012.

                               TITLE VII

                  GENERAL PROVISIONS--GOVERNMENT-WIDE

                Departments, Agencies, and Corporations

      The conferees agree to the following provisions:
      Section 701 requires all agencies have a written policy 
for ensuring a drug-free workplace.
      Section 702 sets specific limits on the cost of passenger 
vehicles with exceptions for police, heavy duty, electric 
hybrid and clean fuels vehicles.
      Section 703 makes appropriations available for quarters/
cost-of-living allowances.
      Section 704 prohibits the use of appropriated funds to 
compensate officers or employees of the Federal government in 
the continental United States unless they are citizens of the 
United States or qualify under other specified exceptions.
      Section 705 ensures that appropriations made available to 
any department or agency for space, services and rental charges 
shall also be available for payment to the General Services 
Administration.
      Section 706 allows the use of receipts from the sale of 
materials for acquisition, waste reduction and prevention, 
environmental management programs and other Federal employee 
programs as appropriate.
      Section 707 allows funds for administrative expenses of 
government corporations and certain agencies to also be 
available for rent in the District of Columbia, services under 
5 U.S.C. 3109, and the objects specified under this head.
      Section 708 prohibits funds for interagency financing of 
boards (with exception), commissions, councils, committees or 
similar groups to receive multi-agency funding without prior 
statutory approval.
      Section 709 precludes funds for regulations which have 
been disapproved by joint resolution.
      Section 710 limits the amount of funds that can be used 
for redecoration of offices under certain circumstances to 
$5,000, unless advance notice is transmitted to the House and 
Senate Committees on Appropriations.
      Section 711 allows for interagency funding of national 
security and emergency preparedness telecommunications 
initiatives.
      Section 712 requires agencies to certify that a Schedule 
C appointment was not created solely or primarily to detail the 
employee to the White House.
      Section 713 prohibits the salary payment of any employee 
who prohibits, threatens, prevents or otherwise penalizes 
another employee from communicating with Congress.
      Section 714 prohibits Federal employee training not 
directly related to the performance of official duties.
      Section 715 prevents funds from being used to implement 
or enforce non-disclosure agreement policies unless certain 
provisions are included, updates the Executive Order and other 
citations and makes provisions for nondisclosure agreements 
entered into before the effective date of any updated statutes 
of governance.
      Section 716 prohibits executive branch agencies from 
using funds for propaganda or publicity purposes in support or 
defeat of legislative initiatives.
      Section 717 prohibits any Federal agency from disclosing 
an employee's home address to any labor organization, absent 
employee authorization or court order.
      Section 718 prohibits funds to be used to provide non-
public information such as mailing or telephone lists to any 
person or organization outside the government without the 
approval of the House and Senate Committees on Appropriations.
      Section 719 prohibits the use of funds for propaganda and 
publicity purposes not authorized by Congress.
      Section 720 directs agency employees to use official time 
in an honest effort to perform official duties.
      Section 721 authorizes the use of funds to finance an 
appropriate share of the Federal Accounting Standards Advisory 
Board administrative costs.
      Section 722 authorizes the transfer of funds to the 
General Services Administration to finance an appropriate share 
of various government-wide boards and councils under certain 
conditions.
      Section 723 permits breastfeeding in a Federal building 
or on Federal property if the woman and child are authorized to 
be there.
      Section 724 permits interagency funding of the National 
Science and Technology Council and requires the Office of 
Management and Budget to provide a report to the House and 
Senate on the budget and resources of the National Science and 
Technology Council.
      Section 725 requires that the Federal forms that are used 
in distributing Federal funds to a State must indicate the 
agency providing the funds, the Federal Domestic Assistance 
Number, and the amount provided.
      Section 726 prohibits the use of funds to monitor 
personal information relating to the use of Federal Internet 
sites to collect, review, or create any aggregate list that 
includes personally identifiable information relating to access 
to or use of any Federal Internet site of such agency.
      Section 727 requires health plans participating in the 
Federal Employees Health Benefits Program to provide 
contraceptive coverage and provides exemptions to certain 
religious plans.
      Section 728 recognizes the United States is committed to 
ensuring the health of the Olympic, Pan American and Paralympic 
athletes, and supports the strict adherence to antidoping in 
sport activities.
      Section 729 allows funds for official travel to be used 
by departments and agencies, if consistent with OMB and Budget 
Circular A-126, to participate in the fractional aircraft 
ownership pilot program.
      Section 730 prohibits funds for implementation of the 
Office of Personnel Management regulations limiting detailees 
to the Legislative Branch or implementing limitations on the 
Coast Guard Congressional Fellowship Program.
      Section 731 restricts the use of funds for Federal law 
enforcement training facilities with an exception for the 
Federal Law Enforcement Training Center.
      Section 732 prohibits funds for E-Government initiatives 
sponsored by the Office of Management and Budget prior to 15 
days following submission of a report to the House and Senate 
Committees on Appropriations and receipt of the Committees' 
approval to transfer funds. The section also prohibits funds 
for new E-Government initiatives without the explicit approval 
of the Committees.
      Section 733 prohibits funds to begin or announce a study 
or public-private competition regarding conversion to 
contractor performance pursuant to OMB Circular A-76.
      Section 734 prohibits executive branch agencies from 
creating prepackaged news stories that are broadcast or 
distributed in the United States unless the story includes a 
clear notification within the text or audio of that news story 
that the prepackaged news story was prepared or funded by that 
executive branch agency.
      Section 735 prohibits funds from being used in 
contravention of the Privacy Act or associated regulations.
      Section 736 requires agencies to evaluate the 
creditworthiness of an individual before issuing a government 
travel charge card and prohibits agencies from issuing a 
government travel charge card to individuals who have an 
unsatisfactory credit history.
      Section 737 requires the Office of Management and Budget 
to submit a crosscut budget report on Great Lakes restoration 
activities not later than 45 days after the submission of the 
budget of the President to Congress.
      Section 738 prohibits funds in this or any other Act to 
be used for Federal contracts with inverted domestic 
corporations, unless the contract preceded this Act or the 
Secretary grants a waiver in the interest of national security.
      Section 739 prohibits agencies from using funds to 
implement regulations changing the competitive areas under 
reductions-in-force for Federal employees.
      Section 740 makes changes to Section 743 of the 
Consolidated Appropriations Act of 2010 (Public Law 111-117) to 
require reporting on task orders.
      Section 741 requires agencies to pay a fee to the Office 
of Personnel Management for processing retirements of employees 
who separate under Voluntary Early Retirement Authority or who 
receive Voluntary Separation Incentive payments.
      Section 742 declares references to ``this Act'' contained 
in any title other than title IV or VIII shall not apply to 
such titles IV or VIII.
      Section 743 prohibits funds to require any entity 
submitting an offer for a Federal contract to disclose 
political contributions.
      Section 744 provides transfer authority for amounts made 
available to the Commodity Futures Trading Commission for 
information technology investments under Public Law 112-55.

                               TITLE VIII

                GENERAL PROVISIONS--DISTRICT OF COLUMBIA

                     (INCLUDING TRANSFER OF FUNDS)

      The conferees agree to the following general provisions 
for the District of Columbia:
      Section 801 allows the use of local funds for making 
refunds or paying judgments against the District of Columbia 
government.
      Section 802 prohibits the use of Federal funds for 
publicity or propaganda designed to support or defeat 
legislation before Congress or any State legislature.
      Section 803 establishes reprogramming procedures for 
Federal funds.
      Section 804 prohibits the use of Federal funds for the 
salaries and expenses of a shadow U.S. Senator or U.S. 
Representative.
      Section 805 places restrictions on the use of District of 
Columbia government vehicles.
      Section 806 prohibits the use of Federal funds for a 
petition or civil action which seeks to require voting rights 
for the District of Columbia in Congress.
      Section 807 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.

[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]

  DIVISION D--DEPARTMENT OF HOMELAND SECURITY APPROPRIATIONS ACT, 2012

      The following is an explanation of the effects of 
Division D, which makes appropriations for the Department of 
Homeland Security for fiscal year 2012. Unless otherwise noted, 
reference to the House and Senate reports are to House Report 
112-91 and Senate Report 112-74, respectively. The language and 
allocations contained in House Report 112-91 and Senate Report 
112-74 should be complied with and carry the same emphasis as 
the language included in the explanatory statement, unless 
specifically addressed to the contrary in the conference report 
or this explanatory statement. While repeating some report 
language for emphasis, this explanatory statement does not 
intend to negate the language referred to above unless 
expressly provided herein. When this explanatory statement 
refers to the Committees or the Committees on Appropriations, 
unless otherwise noted, this reference is to the House 
Subcommittee on Homeland Security and the Senate Subcommittee 
on the Department of Homeland Security. In cases where the 
explanatory statement directs the submission of a report, such 
report shall be provided to the Committees on Appropriations by 
February 15, 2012, unless otherwise directed. In cases where 
the explanatory statement directs a briefing, such briefing 
shall be provided to the Committees by February 15, 2012, 
unless otherwise directed.
      This explanatory statement refers to the following laws 
and organizations as follows: Implementing Recommendations of 
the 9/11 Commission Act of 2007, Public Law 110-53, is 
referenced as the 9/11 Act; Robert T. Stafford Disaster Relief 
and Emergency Assistance Act, Public Law 93-288 is referenced 
as the Stafford Act; Budget Control Act of 2011, Public Law 
112-25, is referenced as the Budget Control Act (BCA); the 
Department of Homeland Security is referenced as DHS or the 
Department; the Government Accountability Office is referenced 
as GAO; and the Office of Inspector General of the Department 
of Homeland Security is referenced as OIG. In addition, any 
reference to ``full-time equivalents'' shall be referred to as 
FTE; any reference to ``program, project, and activity'' shall 
be referred to as PPA; and any reference to the Secretary shall 
be interpreted to mean the Secretary of Homeland Security.

                          Classified Programs

      Recommended adjustments to classified programs are 
addressed in a classified annex accompanying this explanatory 
statement.

            TITLE I--DEPARTMENTAL MANAGEMENT AND OPERATIONS

            Office of the Secretary and Executive Management

      A total of $133,159,000 is provided for ``Office of the 
Secretary and Executive Management.'' Not to exceed $51,000 of 
this funding shall be for official reception and representation 
expenses, including $17,000 for the Office of Policy to support 
Visa Waiver Program negotiations in Washington, DC, and for 
other international activities. This Act also includes a 
provision requiring that funds made available for ``Immediate 
Office of the Secretary'' and ``Immediate Office of the Deputy 
Secretary'' shall be used to pay costs associated with use of 
government aircraft by DHS personnel in support of official 
travel of the Secretary and Deputy Secretary.
      The amount provided for this appropriation by PPA is as 
follows:

------------------------------------------------------------------------
 
------------------------------------------------------------------------
Immediate Office of the Secretary......................       $5,000,000
Immediate Office of the Deputy Secretary...............        1,918,000
Office of the Chief of Staff...........................        2,300,000
Office of Counternarcotics Enforcement.................        1,800,000
Executive Secretary....................................        8,100,000
Office of Policy.......................................       40,000,000
Office of Public Affairs...............................        5,800,000
Office of Legislative Affairs..........................        6,000,000
Office of Intergovernmental Affairs....................        2,650,000
Office of General Counsel..............................       22,400,000
Office for Civil Rights and Civil Liberties............       22,500,000
Citizenship and Immigration Services Ombudsman.........        6,200,000
Privacy Officer........................................        8,491,000
                                                        ----------------
    Total, Office of the Secretary and Executive             133,159,000
     Management........................................
------------------------------------------------------------------------

                             Biometric Exit

      Congress has long sought the Department's determination 
on the path forward for implementing biometric exit, and the 
conferees have asked for a detailed plan to include costs. On 
October 17, 2011, the Secretary sent a letter to the chairmen 
and ranking members of relevant appropriations and 
authorization committees outlining general concerns about 
implementation, particularly the cost of such an undertaking, 
and proposing legislative changes to existing law. While the 
Secretary states, ``DHS remains committed to introducing a 
biometric component to the exit process'', the letter does not 
constitute a detailed plan for implementation. Therefore, 
statutory language is included in this Act withholding funds 
from the Office of the Secretary until the plan is submitted, 
to include identifying associated costs.

                 Office of Counternarcotics Enforcement

      A total of $1,800,000 is provided for ``Office of 
Counternarcotics Enforcement'' (CNE), which is available until 
March 30, 2012, to continue CNE operations while the Department 
conducts an orderly termination of the Office. This funding may 
be transferred to the Office of Policy, which is expected to 
assume policy development and coordination responsibilities 
currently assigned to CNE, and any such funds transferred will 
be available until September 30, 2012. The Assistant Secretary 
for Policy shall provide, as part of the requirement for an 
expenditure plan for the Office of Policy, a detailed 
description of any such transfers.
      The termination of CNE reflects the need to streamline 
Executive Branch efforts to carry out the counternarcotics 
enforcement mission. Allowing the funds to be transferred to 
the Office of Policy will ensure the Department can integrate 
the existing CNE policy planning and coordination activities 
within the broader Department enforcement and security missions 
and make optimum use of the existing planning and operations 
elements of its key law enforcement agencies. It will also 
enable the Department, through the Office of Policy, to 
coordinate DHS policy and programs that are carried out with 
the Office of National Drug Control Policy and other Federal, 
State, local, and international government partners. As CNE 
will be terminated, the GAO is neither required to submit an 
assessment of progress in implementing OIG recommendations 
concerning CNE, nor to assess DHS counternarcotics 
coordination, as required in the House report.

                           Expenditure Plans

      The Department shall prepare expenditure plans for fiscal 
year 2012 for the agencies funded under this appropriation as 
specified in the Senate report, with the exception of CNE which 
is being terminated. The plans shall be submitted to the 
Committees no later than March 30, 2012. The plan for the 
Office of Policy shall list planned projects for each sub-
office within the Office of Policy, with their associated 
funding and staffing requirements. In addition, should the 
funds made available for either counternarcotics or risk 
management and analysis functions be transferred to the Office 
of Policy, as permitted by this Act, those resources should be 
delineated in the manner specified for each sub-office in the 
expenditure plan, including missions, planned expenditures, and 
activities. In addition to expenditure plans described above, 
the Act requires additional fiscal year 2012 expenditure plans, 
including a plan for TSA passenger screening and checked 
baggage technology programs, the Office of Infrastructure 
Protection and the National Cyber Security Division, the Office 
of Health Affairs, and the Federal Emergency Management Agency.
      The Department has failed to deliver a number of 
statutorily required fiscal year 2011 expenditure plans, or has 
delivered them unacceptably late. The Department is expected to 
comply with Congressional direction and demonstrate the 
priority it places on these programs and submit required 
expenditure plans as directed and in accordance with the 
specified deadlines. The Department should already have these 
expenditure plans as part of its routine management activities; 
therefore, it is notable, and entirely inexcusable, that the 
Department did not, for example, submit fiscal year 2011 
expenditure plans for the Office of Policy or US-VISIT--and it 
is well past the end of the fiscal year.

                           Quarterly Reports

      The Department is directed to continue submitting the 
quarterly Secure Border Initiative (SBI) reports, now to be 
called the Border Security Status Report. The new reports shall 
continue to include all performance metrics and resource data 
from past reports in their current format, with the exception 
that they no longer should include resource data on SBI total 
budget obligations and outlays and budget execution reports. 
That information already is contained in the annual Border 
Security Fencing, Infrastructure, and Technology expenditure 
plan. Additionally, the Department shall include the following 
in the report: (a) estimates of the impact of programs (such as 
Operation Streamline) that are intended to reduce the rate of 
recidivism of illegal border crossers; (b) for ports of entry, 
the maritime domain, and between the ports of entry: (1) 
estimates of total attempted border crossings; (2) the rate of 
apprehension of attempted border crossings; and (3) the inflow 
into the United States of illegal entrants that evade 
apprehension; and (c) data on the subsequent enforcement 
actions associated with Customs and Border Protection (CBP) 
apprehensions, such as voluntary return, expedited removal, 
transfer to Immigration and Customs Enforcement (ICE) custody, 
transfer for criminal prosecution, Mexican Interior 
Repatriation Program, and other categories necessary to provide 
an accurate accounting of such actions.
      The Department is directed to submit quarterly reports on 
operations in a timely manner, including the overdue SBI 
Quarterly Status reports, the new Border Security Status 
Reports, the Secure Communities Quarterly Reports, and the 
Detention and Removal Operations Quarterly Reports. These 
reports present critical operational statistics, readily 
available to the Department, which are necessary for 
appropriate oversight. However, in many instances, the 
Department has failed to provide these reports in accordance 
with specified deadlines, with submissions being so late that 
these reports limit the Committees' ability to ensure timely 
oversight.

                          Working Capital Fund

      The Department shall include a separate justification in 
its fiscal year 2013 budget request for the Working Capital 
Fund (WCF), as specified in the House report. This 
justification shall identify and explain cross-cutting 
initiatives or activities that benefit multiple organizations 
and are not included in the WCF. The Department shall notify 
the Committees promptly of any changes made to the WCF during 
the fiscal year and should not use the WCF to support 
activities for which funding requests were previously 
disapproved by the Committees.

            Official Reception and Representation Allowances

      The Department is directed to submit quarterly reports to 
the Committees listing obligations for all DHS Reception and 
Representation Expenses by purpose and dollar amount, at a 
level of detail provided in fiscal year 2011, or in greater 
detail if that is required to explain how funds were used. The 
Department shall review the level of reception and 
representation allowances for its agencies and components to 
assure they align with missions and responsibilities and submit 
any proposed changes as part of the fiscal year 2013 budget 
request.

           Coordination of Federal Chemical Security Efforts

      The Department is expected to execute a Memorandum of 
Agreement between the National Protection and Programs 
Directorate and the Coast Guard regarding harmonization of 
chemical security responsibilities established by Chemical 
Facilities Anti-Terrorism Standards regulations and Maritime 
Transportation Security Act regulatory programs no later than 
March 30, 2012. The Deputy Secretary is directed to submit 
reports on chemical security efforts to the Committees on 
Appropriations as directed in the Senate report. However, the 
reports shall be submitted on a semi-annual basis instead of 
quarterly with the first report due no later than March 30, 
2012.

           Federally Funded Research and Development Centers

      The Department is directed to report semi-annually to the 
Committees on Appropriations on projects tasked to Federally 
Funded Research and Development Centers as directed in the 
Senate report and to immediately submit reports for fiscal 
years 2010 and 2011, which are unacceptably late.

                             Cybersecurity

      Both the Department of Homeland Security and the National 
Guard have capabilities, in conjunction with the private 
sector, to respond to issues related to cybersecurity. In an 
effort to improve coordination between the Federal government 
and the private sector and to exploit and enhance the 
capabilities of both sectors, the conferees direct the Deputy 
Secretary of DHS, jointly with the Deputy Secretary of Defense, 
to submit a report to the Committees no later than May 1, 2012, 
regarding the capabilities for a coordinated response to a 
cyber attack. The report shall evaluate the costs and benefits 
of deploying the National Guard, or other equivalent civilian 
teams, to supplement current abilities to prevent and recover 
from a cyber attack. The report shall also include: a 
description of current activities of both DHS and the National 
Guard related to the deployment of teams to help prevent or 
recover from a cyber attack; the authorities of each 
Department, including the boundaries of such authorities and 
statutory changes that may be necessary to use joint 
authorities in a domestic response; a description of training 
and education efforts; and a discussion of how critical 
relationships can be established across the agencies to fulfill 
cybersecurity responsibilities.

                       Freedom of Information Act

      The Privacy Officer is directed to report to the 
Committees on Appropriations no later than 30 days after the 
date of enactment of this Act on measures put in place to 
implement the OIG's recommendations to fix problems identified 
with the Department's Freedom of Information (FOIA) activities 
(OIG-11-67), including whether and how recent adjustments to 
DHS FOIA policies and procedures have improved the processing 
of inquiries, such as decreasing wait times for approval of 
significant requests.

                     Departmental Integrity Efforts

      Since Congress initiated significant increases in funding 
for border security and immigration enforcement in 2005, CBP 
has hired more than 19,176 new employees, a 46 percent 
increase, and ICE has hired over 4,747 new personnel, a 31 
percent increase. Since 2007, in an effort to reduce the 
potential for increased corruption, the Congress has provided 
over $11,000,000 more than Presidents have requested for 
program integrity efforts. It is expected that the President 
will join Congress in the effort to get ahead of this problem 
by including increased resources in the fiscal year 2013 budget 
request.

              Office of the Under Secretary for Management

      A total of $235,587,000 is provided for ``Office of the 
Under Secretary for Management,'' of which not to exceed $2,500 
shall be for official reception and representation expenses. 
Within this amount, $5,000,000 shall be available until 
September 30, 2016, solely for costs of facilities alteration 
and improvement, tenant improvements, and relocations to 
consolidate DHS headquarters operations at the Nebraska Avenue 
Complex.
      Pursuant to section 560, a total of $55,979,000 is 
provided for ``Office of the Under Secretary for Management'' 
for costs associated with headquarters consolidation and 
mission support consolidation. These funds shall be prioritized 
towards the completion of phase I of the headquarters 
consolidation project at the St. Elizabeths site in order to 
avoid further increases to cost and schedule. The Under 
Secretary shall submit an expenditure plan no later than 90 
days after the date of enactment of this Act detailing how 
these funds will be allocated, including a revised schedule and 
cost estimates for headquarters consolidation. Quarterly 
briefings are required on headquarters and mission support 
consolidation activities, including any deviation from the 
expenditure plan.
      The amount provided for this appropriation by PPA is as 
follows:

------------------------------------------------------------------------
 
------------------------------------------------------------------------
Immediate Office of the Under Secretary for Management.       $2,550,000
Office of Security.....................................       70,000,000
Office of the Chief Procurement Officer................       78,000,000
Office of the Chief Human Capital Officer:
    Salaries and Expenses..............................       25,165,000
    Human Resources Information Technology.............       14,172,000
                                                        ----------------
        Subtotal.......................................       39,337,000
Office of Chief Administrative Officer:
    Salaries and Expenses..............................       40,700,000
    Nebraska Avenue Complex............................        5,000,000
                                                        ----------------
        Subtotal.......................................       45,700,000
                                                        ----------------
            Total, Office of the Under Secretary for         235,587,000
             Management................................
------------------------------------------------------------------------

                        Polar Icebreaker Program

      None of the requested funding is provided for a new study 
of the need for Coast Guard icebreakers. Given the findings of 
previous reports and analyses of this issue, the Department is 
urged to develop a concept of operations and resource plan to 
meet national icebreaking needs, including leveraging expertise 
within the Coast Guard and Science and Technology Directorate. 
The Under Secretary shall brief the Committees on the status of 
this plan no later than 90 days after the date of enactment of 
this Act.

         Comprehensive and Quarterly Acquisition Status Reports

      Senate Report 111-31 directed the submission of quarterly 
acquisition reports for major acquisitions. The quarterly 
reports for fiscal year 2010 were not submitted to Congress at 
the end of each quarter as directed, but instead all four 
quarterly reports were combined into one report and submitted 
on April 12, 2011--over six months after the end of fiscal year 
2010. This lack of responsiveness is unacceptable, especially 
since the information requested is already required by the 
Department as part of its own acquisition oversight process.
      In order to obtain the information necessary for in-depth 
congressional oversight, statutory language is included in this 
Act under ``Office of the Under Secretary for Management'' that 
requires a Comprehensive Acquisition Status Report to be 
included as part of the submission of the President's fiscal 
year 2013 budget, with quarterly updates to be submitted 30 
days after the completion of each quarter. The requirements for 
both reports are addressed below.
      The Comprehensive Acquisition Status Report shall include 
programs identified for Major Acquisition Oversight as defined 
in the Department memorandum titled ``Department of Homeland 
Security Major Acquisition Oversight List'' dated January 25, 
2011, and programs that have been classified for major 
acquisition oversight subsequent to the referenced memorandum.
      The Comprehensive Acquisition Status Report shall include 
for each major acquisition:
      1. A narrative description to include current gaps and 
shortfalls, the capabilities to be fielded, and the number of 
planned increments and/or units;
      2. Acquisition Review Board (or other board designated to 
review the acquisition) status of each acquisition, including 
the current acquisition phase, the date of the last review and 
a listing of the required documents that have been reviewed 
with the dates reviewed and/or approved;
      3. The most current approved Acquisition Program Baseline 
(to include project schedules and events);
      4. A comparison of the original Acquisition Program 
Baseline, the current Acquisition Program Baseline, and the 
current estimate;
      5. Whether or not an Independent Verification and 
Validation has been implemented, with an explanation for the 
decision and a summary of any findings;
      6. A rating of cost risk, schedule risk, and technical 
risk associated with the program (including narrative 
descriptions and mitigation actions);
      7. Contract status (to include earned value management 
data as applicable);
      8. A life-cycle cost of the acquisition, and time basis 
for the estimate;
      9. A planned procurement schedule, including the best 
estimate of the annual cost and increments/units to be procured 
annually until procurement is complete;
      10. A table delineated by appropriation that provides 
(for prior years; past year; current year; budget year; budget 
year plus one; budget year plus two; budget year plus three; 
budget year plus four and beyond; and total cost) the actual or 
estimated appropriations, obligations, unobligated authority, 
and planned expenditures;
      11. The reason for any significant changes (from the 
previous comprehensive report) in acquisition quantity, cost, 
or schedule;
      12. Key Events/Milestones from the prior fiscal year; and
      13. Key Events/Milestones for the current fiscal year.
      Quarterly reports shall include:
      1. An updated status report on any major acquisition for 
which there has been an approved or a new acquisition program 
baseline, a new acquisition decision memorandum, or where there 
has been significant deviation from the prior report with 
respect to acquisition cost, quantity, or schedule (a 
significant change is any deviation in cost or quantity that 
exceeds eight percent or any change in schedule that exceeds 
six months).
      2. A table depicting the title of the program, quantity 
and cost based on the original Acquisition Program Baseline, 
quantity and cost based on the most current acquisition program 
baseline, the quantity and cost of the most current estimate, 
and the explanation for any change in quantity and cost from 
prior reports.
      3. If applicable, a copy of the acquisition decision 
memorandum, together with a copy of the Letter of Assessment 
signed by the Director of Testing and Evaluation.
      The requirements described under this heading shall 
replace those included in Senate Reports 111-31 and 112-74.

                Office of the Chief Procurement Officer

      A total of $78,000,000 is provided for ``Office of the 
Chief Procurement Officer'' (OCPO), including an increase of 
$3,403,000 to enhance DHS acquisition capabilities.
      OCPO shall brief the Committees no later than February 
15, 2012, on its acquisition workforce initiative, as directed 
in the House and Senate reports, including: a baseline analysis 
of its workforce and requirements used in defining the gaps in 
DHS acquisition capacity and determining the skill sets and 
positions needed to fill those gaps; risks of not filling 
needed positions; and the long-term strategy to close 
competency gaps. In cases where component requests for the 
Federal Acquisition Workforce Initiative were not funded at the 
requested amount, components should use existing appropriations 
and fee authority to hire and train highly qualified 
acquisition personnel for which there are clearly defined 
requirements.

               Office of the Chief Human Capital Officer

      A total of $39,337,000 is provided for ``Office of the 
Chief Human Capital Officer'' (OCHCO), including an increase of 
$688,000 for salaries and expenses to enhance the Balanced 
Workforce Program Office, workforce training, and leadership 
development. A total of $14,172,000 is included for the Human 
Resources Information Technology program.

  Secretary's Efficiency Review and the Balanced Workforce Initiative

      The Under Secretary for Management and the Chief Human 
Capital Officer are directed to brief the Committees on 
Appropriations no later than February 15, 2012, on the results 
of the Secretary's Efficiency Review and the ongoing Balanced 
Workforce Initiative. The briefing should cover, by priority, 
efficiencies identified through the Review and progress in 
implementing them; components and specific procurements where 
additional oversight personnel are required and where they are 
being or are planned to be deployed; and how reforms in 
headquarters structure and function are improving support and 
management for Department field operations. The briefing should 
cover the status of the ongoing Balanced Workforce Initiative; 
provide the most current list of positions DHS plans to convert 
from contractor to Federal positions, and progress against that 
list; and discuss estimated savings from that effort and the 
methodology used to calculate those savings.
      The Department is directed to arrange for an independent 
evaluation of its efficiency review and provide the results to 
the Committees on Appropriations no later than 30 days after 
its completion.

                 Office of the Chief Financial Officer

      A total of $50,860,000 is provided for ``Office of the 
Chief Financial Officer.'' The amount provided includes a 
decrease from the budget request of $11,000,000 for the 
Transformation and Systems Consolidation (TASC) project due to 
the Department's decision to cancel acquisition plans for TASC.

                      Annual Budget Justifications

      Both Senate and House reports call for improvements in 
the content, detail, and format of annual Congressional Budget 
Justifications submitted by the Department and its components. 
It is essential to the work of Congress that such information 
be timely, accurate, concise, and organized in such a way that 
facilitates the comparison of current with proposed 
appropriations for programs, projects, and activities. 
Developing comprehensive and clear justifications not only 
disciplines the planning and resource allocation process but 
could also reduce the need for ancillary budget explanations 
and program and project expenditure plans and the associated 
withholding of funding necessitated by the Department's failure 
to submit these in a complete or timely manner.
      Current budget presentation materials, while lengthy and 
containing a wide range of program data, do not uniformly 
provide the information the Committees need to assess the 
impact of the funding being proposed, how it compares to prior 
year actual appropriations and funded FTE levels, or to 
evaluate activities proposed to be continued, terminated, or 
initiated. Terminology is sometimes ambiguous, or used 
inconsistently, including terms such as interagency transfers 
or ``transfers'' between PPAs; adjustments to base; 
``authorized'' rather than ``funded'' position and FTE levels; 
or unspecified references to ``technical adjustments'' or 
``administrative savings.''
      Current services descriptions of agency activity and 
accomplishments, while providing a context for agency 
operations and budgets, should be consolidated and presented 
separately from the core justification for appropriations.
      To address the concerns described above, the Chief 
Financial Officer is directed to ensure that fiscal year 2013 
budget justifications for classified and unclassified budgets 
of all Department components are submitted on February 6, 2012, 
concurrent with the President's budget submission to Congress. 
The justifications shall include:
      1. Detailed data and explanatory descriptions for each 
appropriations request, and for each PPA reflected in the table 
accompanying this statement, including offices that have been 
identified as PPAs. Information regarding actual and planned 
accomplishments should be in quantifiable terms and demonstrate 
a direct relationship to funding;
      2. Tables that reflect actual and estimated funding by 
PPA for fiscal years 2011 and 2012; identify each increase, 
decrease, transfer, and staffing change proposed in fiscal year 
2013; and explain such year-to-year changes in terms that are 
clear and unambiguous, and exclude nonspecific terms such as 
``technical adjustment'' or ``administrative savings'' unless 
accompanied by a detailed explanation. To establish a common 
baseline reference, the fiscal year 2012 discretionary data 
shall tie to the fiscal year 2012 discretionary total in the 
table accompanying this statement or have a table identifying 
each change. Explanations of adjustments to base funding, 
whether increases or decreases, should be specific, and 
programmatic changes and initiatives should be clearly 
identified and justified;
      3. For each PPA that is comprised of acquisition and 
procurement activity, the justification should address all 
proposed spending using a zero-based budget description;
      4. Information by appropriations account and PPA on all 
reimbursable agreements and significant uses of the Economy Act 
for each fiscal year;
      5. A detailed table identifying the last year that 
authorizing legislation was enacted into law for each PPA, 
including the amount of the authorization and the appropriation 
in the last year of authorization;
      6. The text and citation of all Department appropriations 
provisions enacted to date that are permanent law;
      7. Explanations and justifications for all proposed 
legislative language changes, whether they are new or amend 
existing law, whether they are substantive or technical in 
nature, with an annotated comparison of proposed versus 
existing language; and
      8. A report on the status of overdue Committee reports, 
plans, and briefings for each of fiscal years 2011 and 2012.
      Consistent with section 874 of Public Law 107-296, the 
Department shall submit a Future Years Homeland Security 
Program budget as part of the fiscal year 2013 budget 
justification, reflecting anticipated spending for fiscal years 
2013-2017. It shall be in unclassified form so as to be 
accessible to the general public.

                    Financial Management Improvement

      The Office of the Chief Financial Officer is directed to 
keep the Committees fully informed on financial management 
improvement plans for the Department, as required in the House 
and Senate reports, including any centralized or decentralized 
solutions that would fulfill the objectives originally set for 
the TASC project and any plans for integrating the Department's 
remaining management systems for acquisitions and assets. 
Balances remain available for TASC from prior-year 
appropriations, which may be obligated for TASC closeout costs 
or obligated for additional financial management plans in 
fiscal year 2012 if a new strategy is approved by the DHS 
Acquisition Review Board and if the Department completes an 
independent evaluation to validate that strategy prior to 
obligation of any of these funds. In order to maintain other 
Department-wide management initiatives, $5,000,000 is rescinded 
from unobligated balances related to this effort. This 
rescission is from funds appropriated in fiscal years 2005 and 
2006.

                Nuclear Detection Technology Acquisition

      The Office of Program Analysis and Evaluation is directed 
to undertake an evaluation of the Department's current approach 
to acquisition of technology and systems for its nuclear 
detection mission, which is presently conducted through the 
Domestic Nuclear Detection Office, and an analysis of 
alternative approaches, including assigning acquisition 
responsibilities and resources to component agencies that own 
and operate the technology. The evaluation shall include a 
cost-benefit analysis of the relevant options. The 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 Entry..........................................   2,484,235,000
    Harbor Maintenance Fee Collection (Trust Fund)......       3,274,000
    International Cargo Screening.......................      74,557,000
    Other international programs........................      10,684,000
    Customs-Trade Partnership Against Terrorism (C-TPAT)      44,979,000
    Trusted Traveler Programs...........................       6,311,000
    Inspection and Detection Technology Investments.....     148,537,000
    Automated Targeting Systems.........................      41,400,000
    National Targeting Center...........................      51,950,000
    Training............................................      37,834,000
                    --------------------------------------------------------
                    ____________________________________________________
        Subtotal, Border Security Inspections and Trade 
          Facilitation..................................   2,903,761,000
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'' 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 Costs.......................................    $233,251,000
    Headquarters-Managed IT Investments.................     184,227,000
                    --------------------------------------------------------
                    ____________________________________________________
    Subtotal, Headquarters Management and Administration     417,478,000
Legal Proceedings.......................................     215,935,000
Investigations:
Domestic Investigations.................................   1,725,234,000
International Investigations:
    International Operations............................     114,928,000
    Visa Security Program...............................      33,889,000
                    --------------------------------------------------------
                    ____________________________________________________
    Subtotal, International Investigations..............     148,817,000
                    --------------------------------------------------------
                    ____________________________________________________
        Subtotal, Investigations........................   1,874,051,000
                    ========================================================
                    ____________________________________________________
Intelligence............................................      81,503,000
Detention and Removal Operations:
    Custody Operations..................................   2,050,545,000
    Fugitive Operations.................................     154,597,000
    Criminal Alien Program..............................     196,696,000
    Alternatives to Detention...........................      72,373,000
    Transportation and Removal Program..................     276,632,000
                    --------------------------------------------------------
                    ____________________________________________________
        Subtotal, Detention and Removal Operations......   2,750,843,000
                    --------------------------------------------------------
                    ____________________________________________________
    Secure Communities..................................     189,064,000
                    --------------------------------------------------------
                    ____________________________________________________
        Total, ICE Salaries and Expenses................   5,528,874,000

                      ICE Domestic Investigations

      For ICE Domestic Investigations, $1,725,234,000 is 
provided. ICE is directed to continue to provide quarterly data 
on investigative activities and expenditures on a timely basis. 
Of the funds above the request, $4,000,000 is for enhancing 
investigations of antidumping/countervailing duty (AD/CVD) 
violations, intellectual property rights (IPR) investigations, 
and severe forms of human trafficking and smuggling activities. 
ICE is directed to submit to the Committees a plan for 
expenditure of these additional, targeted resources within 90 
days after the date of enactment of this Act. The conferees 
also direct ICE to submit by February 13, 2012, a 3-year 
strategy to improve AD/CVD enforcement, per the Senate report, 
and the information required on the National IPR Coordination 
Center in the House report.

              Improving Immigration Enforcement Activities

      A total of $12,000,000 above the request is provided to 
improve immigration enforcement activities, of which $5,000,000 
is included in Secure Communities for digitization of paper 
fingerprint cards from legacy immigration files. Both the House 
and Senate reports outlined areas for focus, such as: 
Developing a comprehensive strategy to address the visa 
overstay problem, modernizing the Alien Criminal Response 
Information Management System (ACRIMe) to support the 
identification of criminal aliens and individuals attempting to 
overstay a visa, enhancing ICE capabilities for law enforcement 
support for immigration-related inquiries from State and local 
law enforcement, and digitizing old fingerprint records. ICE is 
directed to brief the Committees, with US-VISIT and other DHS 
components as appropriate, on its plan for utilization of these 
funds, no later than 60 days after the date of enactment of 
this Act. ICE is also directed, in conjunction with US-VISIT 
and United States Citizenship and Immigration Services (USCIS), 
to report to the Committees no later than 120 days after the 
date of enactment of this Act on the methodology of 
prioritizing files for the digitization effort as well as the 
overall projected cost of the project to ensure electronic 
availability of appropriate biometrics in IDENT.

                     Law Enforcement Support Center

      The Law Enforcement Support Center (LESC) is the national 
entity which provides, among other things, immigration status 
information about individuals encountered by State and local 
law enforcement agencies. The significant expansion of Secure 
Communities has increased the status inquiries submitted by law 
enforcement. Recently, the LESC has been reorganized and the 
functions split between the Office of Investigations and 
Detention and Removal Operations. Prior to the reorganization, 
the LESC had the flexibility to move personnel between the 
functions depending on workload, but it now appears that 
flexibility has been lost. Additionally, as Secure Communities 
has matured, some of the early resource allocation decisions 
would benefit from further review, specifically regarding the 
creation of the Interoperability Response Centers. ICE is 
directed to review the separation of LESC functions and the 
requirements of the Interoperability Response Centers and brief 
the Committees 90 days after the date of enactment of this Act. 
In addition, concerns have been raised about the progress of 
modernization of the information technology systems that 
sustain the Law Enforcement Support Center, such as ACRIMe. ICE 
is directed to brief the Committees no later than 30 days after 
the date of enactment of this Act on the current status of 
ACRIMe modernization and any revised development timelines.

                         Visa Security Program

      A total of $33,889,000 is provided for the ICE Visa 
Security Program, an increase of $4,400,000 above the amount 
requested for expansion of the program to two additional 
overseas consular posts. ICE is directed to brief the 
Committees in a classified format no later than 60 days after 
the date of enactment of this Act on its plan for utilizing 
these additional funds.

                        Investigative Resources

      ICE is directed to brief the Committees no later than 
February 15, 2012, on its efforts throughout the Caribbean 
basin, as outlined in the House report.

                              Intelligence

      ICE is encouraged to ensure the Office of Intelligence 
supports investigations into AD/CVD violations, IPR violations, 
and human trafficking and smuggling organizations.

                    Detention and Removal Operations

      A total of $2,750,843,000 is provided for ICE Detention 
and Removal Operations, $26,718,000 more than the request to 
raise the minimum number of detention bed spaces that ICE must 
maintain on a daily basis to 34,000. ICE is directed to 
intensify its enforcement efforts, fully use these resources, 
and manage detention and removal costs as efficiently as 
possible. As outlined in the House report, ICE is directed to 
provide comprehensive, regular briefings to the Committees on 
all steps being taken to reduce the costs of detention and 
removal, including: strategies to minimize transportation costs 
and house detainees at the lowest cost facilities; working with 
the Executive Office of Immigration Review (EOIR) to speed 
processing consistent with due process; continuing to review 
contracts to ensure maximum flexibility and lowest cost to ICE; 
and considering the cost-benefits of public and private 
providers for all services, including food and medical 
services. As required in the House and Senate reports, ICE is 
directed to brief the Committees on its detention bed space 
funding model, providing details on its bed space costs across 
the country and on the components of those costs, including 
food, medical, mental health, dental, pharmacy, and electronic 
health record services by location, and whether these 
components are provided by public agencies or private contract 
services. Such services must be aligned to humanitarian needs 
and should be provided in a cost-effective manner. The first 
comprehensive briefing shall take place no later than 30 days 
after the date of enactment of this Act.
      Additionally, ICE is encouraged to look at ways to 
increase the short-term detention capacity in certain regions 
of the United States while minimizing the loss of existing 
detention capacity, personnel, and contracts at other 
facilities. ICE shall brief the Committees semi-annually on its 
efforts regarding detention space alternatives, as discussed in 
the Senate report.

                           Secure Communities

      A total of $189,064,000 is provided to continue 
implementation of the Secure Communities program. ICE is 
directed to continue quarterly reports on the Secure 
Communities program, submit those reports within 45 days of the 
close of the quarter, and provide briefings within 45 days of 
the close of the quarter. Further, ICE is directed to develop 
analyses, for inclusion in these reports, to track the effect 
Secure Communities is having on ICE detention facilities, the 
EOIR docket, and the speed with which ICE is able to remove 
criminal aliens and high-risk detainees from the country once 
they are judged deportable. The reports shall also provide 
statistics on results of the program, including the number of 
individuals administratively arrested by ICE in each 
jurisdiction by the crime for which they are charged and the 
crime for which they have been convicted (if applicable); the 
number of individuals whom ICE identifies each quarter and 
intends to administratively arrest but must await the 
adjudication of the individual's criminal charges and/or the 
completion of a sentence as well as identify the crimes for 
which they are charged and crimes for which they have been 
convicted (if applicable); and the number of removals achieved 
as a result of the program, as outlined in the Senate report. 
Additionally, the briefings shall include quarterly data on the 
number of instances in which Secure Communities identifies when 
someone who is arrested is in this country illegally, the 
number of times ICE issues a detainer on such individuals 
(delineated by categories stipulating the reasons why a 
decision is made to issue or not issue a detainer), and the 
number actually deported.
      Secure Communities is an effective and significant law 
enforcement tool; its deployment and use should not be hampered 
by any jurisdiction or official. It is important to remember 
that Secure Communities is applied to everyone booked into a 
jail. All individuals are treated the same, and no profiling 
occurs. Through the use of biometrics, ICE is able to determine 
not only an individual's immigration status, but also if the 
individual has committed more serious crimes in the past.
      ICE is directed to brief the Committees no later than 
February 15, 2012, on any considerations associated with 
realigning the Secure Communities program under the Criminal 
Alien Program after interoperability has been accomplished.

             ICE Support to State and Local Law Enforcement

      ICE is directed to update the Committees on its progress 
toward closing all OIG recommendations on the 287(g) program no 
later than January 13, 2012. The Department is directed to 
immediately provide the status of all pending memoranda of 
agreement for 287(g) participation.

                      Hiring and Staffing Reports

      ICE shall submit quarterly staffing and hiring reports. 
Further, as directed in the House report, ICE shall brief the 
Committees on appropriate staffing levels.

                          Worksite Enforcement

      Of the funds provided for Domestic Investigations, 
$134,626,000 is for worksite enforcement activities, as 
requested. ICE is directed to brief the Committees quarterly on 
how it is meeting this level of effort no later than 30 days 
after the end of each quarter. Further, ICE shall provide an 
annual report on worksite enforcement activities as directed in 
the Senate report.

                    Detention and Removal Reporting

      Statutory language is included, as requested, ensuring 
that all illegally present or otherwise removable aliens 
encountered when enforcing our immigration laws are 
apprehended. However, the Department does not collect or report 
comprehensive statistics on all of its encounters with 
inadmissible and deportable aliens by source as well as the 
disposition of all such encounters. For that reason, ICE, in 
conjunction with CBP and USCIS, is directed to develop a 
methodology and a means of collecting and reporting such 
information on a quarterly basis for fiscal year 2013. In the 
most transparent, concise manner possible, the reporting should 
cover all actions in the reporting period for all stages of the 
immigration enforcement process: encounters by identification 
source (i.e., Fugitive Operations, Criminal Alien Program, 
Border Patrol Southwest border between ports); subsequent 
enforcement action by agency (i.e., expedited removal, arrest, 
detention, release); detention/non-detention by program (i.e., 
ICE detention, bond, alternatives to detention); and 
processing/removal outcome (i.e., deferred action, relief, 
removal, administrative closing). The reporting shall clearly 
provide the number of aliens who received deferred action, 
including a renewal or extension of previously-granted deferred 
action. ICE, CBP, and USCIS shall brief the Committees no later 
than 120 days after the date of enactment of this Act on the 
developed methodology and means of collecting and reporting, 
including any information technology issues. Additionally, the 
agencies shall note where this comprehensive reporting could 
supersede other reports currently provided.
      For fiscal year 2012, ICE is directed to continue 
reporting quarterly on detention and removal, including the 
number of deportation, exclusion, and removal orders sought and 
obtained by ICE. The first fiscal year 2012 quarterly report is 
to be submitted no later than February 15, 2012. ICE shall 
include ``policy closure'' reporting subdivided to clearly 
report where deferred action has been granted.

                        Personnel Recovery Units

      ICE is directed to brief the Committees no later than 
February 15, 2012, on its interest in establishing a trained 
unit to handle abduction or evacuation of ICE personnel.

               Multi-Year Investment and Management Plan

      As provided in Section 568, ICE is required to submit a 
multi-year investment and management plan with the 
congressional budget justification materials for all funds 
executed 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 sustain 
both 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 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 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''. 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.

  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 Training...........................      32,971,000
    Electronic Crimes Special Agent Program and 
      Electronic Crimes Task Forces.....................      53,051,000
    Support for Missing and Exploited Children..........       8,366,000
                    --------------------------------------------------------
                    ____________________________________________________
        Subtotal, Investigations........................     318,379,000
Headquarters, Management and Administration.............     191,588,000
Rowley Training Center..................................      55,598,000
Information Integration and Technology Transformation...      43,843,000
                    --------------------------------------------------------
                    ____________________________________________________
        Total, Salaries and Expenses....................  $1,661,237,000

                           Account Structure

      The current PPA structure does not provide visibility 
into the management of funding provided for information 
technology and system investments, or identify costs associated 
with the site-specific, critical protective physical 
infrastructure, which merits ongoing investment and 
refreshment. The Secret Service is directed to adjust its PPA 
structure to align to the tables at the end of this statement 
and to build this revised structure into its fiscal year 2013 
budget request. Costs associated with protective mission 
operations and support, including those based on unit cost 
elements for staffing and operational activities, excluding 
facilities and significant infrastructure investments, should 
continue to be reflected in the existing PPA for protection of 
persons and facilities. However, the Secret Service is directed 
to include a new PPA in its fiscal year 2013 budget submission 
which better captures the costs associated with investment and 
sustainment requirements for protective infrastructure, for 
which a substantial increase in funding was requested for 
fiscal year 2012 under ``Protection of Persons and 
Facilities.''

                            Overseas Offices

      Within the funding provided for this appropriation, 
$2,000,000 above the request is provided for the Secret Service 
to open and staff a new office in Lima, Peru. In lieu of the 
briefings on field operations required in the House and Senate 
reports, the Secret Service is directed to provide a briefing 
on the establishment of the office in Lima, Peru, as well as 
current and future funding requirements for a permanent office 
in Beijing, China, no later than February 15, 2012.

     ACQUISITION, CONSTRUCTION, IMPROVEMENTS, AND RELATED EXPENSES

      A total of $5,380,000 is provided for ``Acquisition, 
Construction, Improvements, and Related Expenses.''

      TITLE III--PROTECTION, PREPAREDNESS, RESPONSE, AND RECOVERY

              National Protection and Programs Directorate

                     MANAGEMENT AND ADMINISTRATION

      A total of $50,695,000 is provided for Management and 
Administration of the National Protection and Programs 
Directorate (NPPD).
      This includes $7,326,000 for management, planning, and 
administration activities in the Office of the Assistant 
Secretary for Infrastructure Protection and $5,494,000 for the 
Office of the Assistant Secretary for Cybersecurity and 
Communications that were previously funded in ``Infrastructure 
Protection and Information Security''.
      As discussed under Departmental Management and 
Operations, ``Office of the Chief Financial Officer,'' NPPD 
shall provide, with the submission of the fiscal year 2013 
budget request, a fully justified budget by PPA and line item. 
Further, the budget request shall be submitted in the PPA 
structure provided in this statement. The budget justification 
shall also include a full explanation of any funds that are 
requested with availability in excess of one year including a 
program description, the reason for the additional required 
availability, and a schedule for execution of the funding.

                      Risk Management and Analysis

      A recent National Academy of Sciences (NAS) report 
highlighted several shortcomings in the NPPD Office of Risk 
Management and Analysis (RMA) program. While the NAS study 
concluded that the basic risk framework used by RMA is a sound 
approach to assessing risk, it identified other significant 
deficiencies in the Office's risk analysis approach, limiting 
the level of confidence with which it can be used to support 
DHS decision-making. The NAS recommended major reforms to the 
current approach, but to date the Department has not submitted 
a 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 of 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 Security......................    $888,243,000

                       FEDERAL PROTECTIVE SERVICE

      A total of $1,261,537,000 is provided for the ``Federal 
Protective Service'' (FPS), as requested, for fiscal year 2012. 
This amount is fully offset by collections of security fees. A 
provision is included requiring the Secretary and the Director 
of the Office of Management and Budget to certify, no later 
than December 31, 2011, that FPS will collect a sufficient 
amount in fees to cover the total number of FTE requested in 
the budget, or adjust the fee to cover all costs.
      The Director of FPS shall provide an expenditure plan by 
PPA for fiscal year 2012 no later than 60 days after the date 
of enactment of this Act. The plan shall include a description 
by line item and distinct activity with the expenditures 
subdivided quarterly. With the submission of the fiscal year 
2013 budget, the Director of FPS shall comply with the 
requirements as detailed in Departmental Management and 
Operations, ``Office of the Chief Financial Officer'' with 
respect to fiscal year 2013 budget justifications. The 
justification provided in fiscal year 2013 shall include all 
funding sources, including reimbursables.
      FPS is directed to provide a strategic human capital plan 
and a plan to assume security and protection responsibilities 
from agencies that currently hold delegated authority to the 
Committees and GAO as directed in the Senate report. Further, 
GAO is directed to comply with the directions with respect to 
reviewing such plans.

    UNITED STATES VISITOR AND IMMIGRANT STATUS INDICATOR TECHNOLOGY

      A total of $306,802,000 is provided for US-VISIT. No 
funds are included for the Acquisition Workforce Initiative. 
Statutory language is included to require a multi-year 
investment and management plan. In addition, US-VISIT is 
directed to comply with the direction included under the 
heading ``Office of the Chief Financial Officer'' with respect 
to improved budget justifications.

                      Overstay Backlog Elimination

      Given the current budgetary environment, security 
requirements that must be met immediately, and the lack of an 
implementation plan for biometric air exit, unobligated 
balances from US-VISIT are rescinded for distribution to other 
security priorities across the Department for which funds can 
be more quickly executed. An increase of $9,400,000 is provided 
for US-VISIT to prepare a comprehensive plan for implementation 
of biometric air exit, as well as for improvement of biographic 
entry-exit matching capabilities and to prevent future overstay 
backlogs. DHS is encouraged to identify additional funds to 
enhance funding for its biographic efforts. The Department is 
directed to brief the Committees no later than January 13, 
2012, on its plan for use of these funds, to include 
elimination of the backlog of ``unvetted'' overstay records and 
the prevention of reoccurrence of backlogs.

                         Semi-Annual Briefings

      US-VISIT shall continue to provide briefings to the 
Committees on biometric exit planning; interoperability in 
conjunction with its interagency counterparts; hirings and 
conversions; and other operations. The briefings will be on a 
semi-annual rather than a quarterly basis.

               Identity Management and Screening Services

      As required in the House report, US-VISIT shall brief the 
Committees quarterly on its workload and service levels, 
including any backlogs that may result from an influx of 
transactions or new users.

                              US-VISIT 1.0

      Funds are not provided for ``US-VISIT 1.0'' due to 
insufficient justification regarding the use of such funds. US-
VISIT is encouraged to continue planning efforts for 
modernization of IDENT, including ensuring that it can operate 
efficiently to meet the growing and evolving needs of its users 
and provide the critical capabilities necessary for our 
Nation's security. IDENT modernization should be outlined in 
the US-VISIT investment and management plan.

                        Office of Health Affairs

      A total of $167,449,000 is provided for the Office of 
Health Affairs (OHA). The Assistant Secretary for the OHA is 
directed to provide an expenditure plan that includes a 
description by line item and distinct activity, with the 
expenditures subdivided by quarter, within 60 days after the 
date of enactment of this Act. Further, OHA is directed to 
comply with the direction included in Departmental Management 
and Operations, ``Office of the Chief Financial Officer'' with 
respect to improved budget justifications.
      A total of $12,013,000 is provided for the National 
Biosurveillance Integration System (NBIS), $5,000,000 above the 
budget request, including funds to diversify DHS's 
biosurveillance capabilities. OHA is not required to collocate 
the National Biosurveillance Integration Center as directed in 
the Senate report.
      A total of $5,439,000 is provided for the Chemical 
Defense Program, of which $3,000,000 is provided above the 
request for at least two additional demonstration projects, to 
be competitively selected.

                  Federal Emergency Management Agency

                         SALARIES AND EXPENSES

      A total of $895,350,000 is provided for Salaries and 
Expenses under what was formerly called ``Management and 
Administration.'' When combined with amounts available from 
other accounts, a total of $1,031,378,000 is available for 
Salaries and Expenses including grant program execution.
      The amount provided for this appropriation by PPA is as 
follows:

Administrative and Regional Offices.....................    $110,495,000
    Office of National Capital Region Coordination......     (5,493,000)
Preparedness and Protection.............................     109,873,000
Response................................................     226,228,000
    Urban search and rescue response system.............    (41,250,000)
Recovery................................................      78,373,000
Mitigation..............................................      43,675,000
Mission Support.........................................     219,433,000
Centrally Managed Accounts..............................     107,273,000
                    --------------------------------------------------------
                    ____________________________________________________
        Total, Salaries and Expenses....................    $895,350,000

      FEMA shall provide an expenditure plan no later than 90 
days after the date of enactment of this Act. The plan shall be 
detailed by the PPA structure as detailed in this statement and 
by office. It shall include actual funding from the prior year, 
the current fiscal year, and deviations between the two years. 
Each year shall include the number of positions, the number of 
FTE, the amount for salaries and benefits, and the amount for 
the program, showing all sources of funding. Specific 
information regarding the transfer of funding from other 
appropriations should be included, with the same level of 
detail currently provided to the Committees.
      For fiscal year 2013, the budget request for FEMA shall 
comply with the direction included in Departmental Management 
and Operations under the ``Office of the Chief Financial 
Officer'' with respect to improved budget justifications. 
Further, the budget request shall be detailed by office and 
under the new PPA structure provided and submitted in the same 
format as the required expenditure plan for fiscal year 2012.
      FEMA is directed to study the feasibility to, on a 
quarterly basis, post on the FEMA website a summary of the 
financial status of funds appropriated under ``State and Local 
Programs.''
      FEMA is provided the authority to reprogram funds within 
``Salaries and Expenses,'' notwithstanding the requirements of 
section 503 of this Act. This temporary authority shall expire 
on April 16, 2012.
      A provision is included requiring the Administrator to 
submit the National Preparedness Report and a comprehensive 
plan to implement a system to measure the effectiveness of 
grants to State and local communities to the Committees in 
fiscal year 2012. Further, $1,400,000, 25 percent of the funds 
for the Office of the Administrator, is withheld from 
obligation until the Report and the plan are submitted.
      Within 90 days of the date of the enactment of this Act, 
the Administrator of FEMA, in consultation with the Commander 
of the U.S. Army Corps of Engineers (USACE), shall provide a 
report on the cost of debris removal. Specifically, the report 
shall address the disparity between the cost factors for the 
USACE as compared to other options communities have for debris 
removal services.

              Program, Project, and Activity Restructuring

      In order to provide additional visibility, the FEMA 
``Salaries and Expenses'' account, formerly the ``Management 
and Administration'' account, has been subdivided into PPA 
lines. The Administrative and Regional Offices PPA includes the 
Office of the Administrator, Office of Policy and Program 
Analysis, Office of External Affairs, Disability Integration 
and Coordination, Office of Equal Rights, Office of Chief 
Counsel, Office of the Chief Financial Officer, Office of 
National Capital Region Coordination, Regional Operations, 
Federal Coordinating Officers, and Evaluations and Assessments. 
The Preparedness and Protection PPA includes the Office of 
Preparedness and National Protection, National Continuity, 
National Preparedness Directorate, Grants Programs Directorate, 
and Technical Assistance. The Response PPA includes the Office 
of Response and Recovery, Response Programs, and Logistics 
Programs. The Recovery PPA includes Recovery Programs. The 
Mitigation PPA includes Mitigation Programs. The Mission 
Support PPA includes the Office of the Associate Administrator, 
Chief Administrative Officer, Chief Security Officer, Chief 
Information Officer, Chief Human Capital Officer, Chief 
Procurement Officer, and Regional Support. The Centrally 
Managed Accounts PPA includes centrally managed functions in 
the Office of the Chief Financial Officer as well as the 
Enterprise Operations in the Office of the Chief Administrative 
Officer, Chief Information Officer, and Chief Security Officer. 
The Emergency Management Institute is funded under the ``State 
and Local Programs'' account.

          Technical Assistance and Evaluations and Assessments

      Funding for activities under Technical Assistance and 
Evaluations and Assessments has been provided under this 
heading instead of under the ``State and Local Programs'' 
account as in previous years. A total of $10,000,000 is 
provided for Technical Assistance within the new Preparedness 
and Protection PPA, and $10,000,000 is provided for Evaluations 
and Assessments within the new Administrative and Regional 
Offices PPA.

                         Facilities Management

      A total of $12,000,000 is provided for capital 
improvements at Mount Weather, as requested. Additionally, 
$5,000,000 above the requested amount is provided to address 
unfunded repairs and capital improvement on priority projects 
across FEMA. None of these funds may be obligated until five 
days after the Chief Financial Officer (CFO) of FEMA briefs the 
Committees on an execution plan for these funds.

                        Automation Modernization

      A total of $13,662,000 is provided for FEMA to address 
automation modernization requirements. None of these funds may 
be obligated until five days after the CFO and the Chief 
Information Officer (CIO) of FEMA brief the Committees on the 
execution plan for these funds. A provision is included 
requiring FEMA to provide a strategic plan within 180 days 
after the date of enactment of this Act to modernize its 
automation and information systems. As noted in both the Senate 
and House reports, a recent OIG report (OIG-11-69) highlighted 
a systemic information management and systems problem within 
FEMA which leaves the Agency less able to efficiently and 
effectively accomplish its mission. FEMA relies on a time 
consuming and manual process to estimate its needs for disaster 
relief funding. Further, FEMA has been unable to quantify 
National preparedness capabilities, and gaps in capabilities, 
despite Congress's call to do so since before 2007. Lastly, 
FEMA is unable to efficiently work with partners in homeland 
security and emergency management due to a lack of comparable 
technology capability.
      The lack of a comprehensive approach and needed 
investments to modernize systems has also left FEMA less able 
to integrate the preparedness, prevention, response, 
mitigation, and recovery missions with which it is charged. The 
funding and planning requirement established in the Act is to 
provide the means and the direction for FEMA to modernize for 
better performance and future cost savings. FEMA shall include 
the DHS CIO in planning efforts to ensure compatibility with 
DHS systems where practicable. Further, the needs of the Office 
of National Capital Region Coordination (ONCRC) shall be 
considered in the automation and information systems strategy. 
The Deputy Administrator is directed to brief the Committees 
within 45 days after the date of the enactment of this Act 
regarding the implementation of the findings of OIG report OIG-
11-69, and the initial effort to formulate the modernization 
plan for each major component within FEMA. These requirements 
are in lieu of separate requirements addressed in Senate and 
House reports with respect to the information technology and 
modernization within the CIO, Preparedness and Protection, 
Recovery, Mission Support, and the ONCRC.
      Funding for data center migration is not included in this 
account but is instead addressed under General Provisions in 
Title V.

            Disaster Relief Fund Financial Management Policy

      Within 90 days after the date of the enactment of this 
Act, the Administrator and the CFO of FEMA shall develop a 
policy and issue guidance on the implementation of the 
restriction to immediate needs funding, or any other spending 
restrictions administratively imposed in the Disaster Relief 
Fund (DRF). This policy shall include thresholds for when a 
restriction will be implemented and identify which programs are 
impacted under the restriction. FEMA shall brief the Committees 
within 90 days after the date of the enactment of this Act on 
the completed policy. Further, FEMA is directed to notify the 
Committees no later than 15 days prior to the implementation of 
immediate needs funding restrictions, to the extent 
practicable.
      To improve the validity and veracity of requests for 
disaster relief funding in future budgets, the Administrator 
and the CFO of FEMA shall develop policy and guidance that 
defines the methodology used to formulate the budget estimate 
for the DRF. The policy shall be consistent with the Budget and 
Control Act and shall include a clear description of the data 
used as a basis for the request, the office responsible for 
providing the data, and the source(s) of data used. The Office 
of the Administrator and the CFO of FEMA shall brief the 
Committees within 90 days of the date of the enactment of this 
Act on the proposed policy and guidance. Using this policy and 
guidance, the CFO of FEMA shall work with a qualified third 
party organization to review the methodology and create 
estimating tools that will enable rigorous and more consistent 
forecasting of the requirements for the Disaster Relief Fund. 
Up to $500,000 is provided for this effort. The Committees 
shall be regularly briefed by the CFO on the status of the 
project.
      Further, to improve the management of the DRF and 
assistance programs, FEMA needs to improve the quality and 
timeliness of project worksheets for public assistance grants, 
as well as the process for sharing that information with 
regional offices, FEMA headquarters, and the Office of 
Management and Budget (OMB). Therefore, 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 $700,000,000 is provided in this conference 
agreement for the Disaster Relief Fund formerly called 
``Disaster Relief.'' The conferees anticipate that an 
additional $6,400,000,000 that is designated for major 
disasters pursuant to 251(b)(2)(D) of the Balanced Budget and 
Emergency Deficit Control Act of 1985 will be provided in 
legislation that is being considered in parallel to this 
conference agreement. Therefore, a total amount of 
$7,100,000,000 will be provided for the Disaster Relief Fund 
for fiscal year 2012 consistent with estimates provided by the 
Director of the Office of Management and Budget in a letter 
dated October 19, 2011, and by the Secretary of Homeland 
Security in the report titled ``Disaster Relief Funding 
Requirements'' dated October 21, 2011, pursuant to the 
legislative requirement in Section 125 of H.R. 2017 (Public Law 
112-36). Of the funds provided in this conference agreement, 
$24,000,000 shall be transferred to the DHS OIG for audits and 
investigations related to disasters.
      A provision is included amending Public Law 110-161 which 
exempts FEMA from the permanent requirement to submit a monthly 
``Disaster Relief'' report. A new provision is included 
updating the timeframes and information which FEMA must report 
to the Committees on the Disaster Relief Fund. This provision 
reduces the burden of reporting by FEMA and allows for better 
oversight of funding requirements by the Committees. There are 
several previous reporting requirements which are deleted 
altogether. FEMA is cautioned that such data could be required 
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 the National 
Predisaster Mitigation Fund. The unobligated balance from 
previous years is $173,259,000.

                       EMERGENCY FOOD AND SHELTER

      A total of $120,000,000 is provided for the Emergency 
Food and Shelter program.

       TITLE IV--RESEARCH AND DEVELOPMENT, TRAINING, AND SERVICES

           United States Citizenship and Immigration Services

      A total of $102,424,000 is provided in discretionary 
appropriations for USCIS for E-Verify.

                          Fee Funded Programs

      USCIS operations that have been funded through fee 
revenue should continue to be funded in that manner, including 
the processing of refugee and asylum claims, Systematic Alien 
Verification for Entitlements (SAVE), and immigrant integration 
activities. USCIS is directed to include these costs in its 
revised fee schedule in recognition of the fact that no 
additional appropriations will be available to cover the costs 
of these activities. Further, the table at the end of this 
statement is updated to reflect these activities as funded 
through fee collections and includes new projections from 
USCIS. The requirement in the House report regarding quarterly 
briefings on fee revenues and obligations is incorporated into 
the user fee report requirement addressed in this statement 
under the heading ``Office of the Chief Financial Officer.''

                          Digitization Efforts

      USCIS, ICE, and the Executive Office of Immigration 
Review are directed to brief the Committees on use of digitized 
records, as required in the House report, no later than March 
1, 2012. USCIS is also directed to provide no less than 
$29,000,000 to continue conversion of immigration records to 
digital format.

             Systematic Alien Verification for Entitlements

      Due to current budgetary constraints, the SAVE program 
must continue to be funded through user fees and other USCIS 
fee revenues. USCIS shall explore all opportunities to reduce 
the burden on State and local benefits agencies that serve as a 
disincentive to participation. Additionally, USCIS shall ensure 
that improvements to the Verification Information System 
benefit both E-Verify and SAVE users.

                                REAL ID

      The Department is directed to brief the Committees no 
later than April 13, 2012, on the steps being taken to 
encourage the States to draw down these funds, the progress on 
draw down, and the specific reasons by jurisdiction for the 
delay in draw down, as directed in the House report.

                      Immigrant Integration Grants

      Section 551 is included providing $10,000,000 for 
immigrant integration grants from fee revenue. No more than 
five percent of the amount of funds utilized for immigrant 
integration grants can be used to administer the program.

                Federal Law Enforcement Training Center

                         SALARIES AND EXPENSES

      A total of $238,957,000 is provided for ``Salaries and 
Expenses,'' as requested. Within the funds provided, 
$29,716,000 is for Management and Administration and $1,304,000 
is for the Federal Law Enforcement Training Accreditation 
Board.

     ACQUISITIONS, CONSTRUCTION, IMPROVEMENTS, AND RELATED EXPENSES

      A total of $32,456,000 is provided for ``Acquisitions, 
Construction, Improvements, and Related Expenses.''

                         Science and Technology

                     MANAGEMENT AND ADMINISTRATION

      A total of $135,000,000 is provided for ``Management and 
Administration,'' including not to exceed $8,500 for official 
reception and representation expenses.

           RESEARCH, DEVELOPMENT, ACQUISITION, AND OPERATIONS

      A total of $533,000,000 is provided for ``Research, 
Development, Acquisition, and Operations,'' including 
$265,783,000 for a new consolidated ``Research, Development, 
and Innovation'' (RDI) PPA in lieu of the previous, more 
detailed program areas. Funding is available for three years, 
except Laboratory Facilities funding, which is available for 
five years.
      The amount provided for this appropriation by PPA is as 
follows:
Research, Development, and Innovation...................    $265,783,000
Laboratory Facilities (Operations and Construction).....     176,500,000
Acquisition and Operations Support......................      54,154,000
University Programs.....................................      36,563,000
                    --------------------------------------------------------
                    ____________________________________________________
    Total, Research, Development, Acquisition and 
      Operations........................................    $533,000,000

                 Research, Development, and Innovation

      The new PPA for RDI will enable S&T to more quickly shift 
resources, if necessary, between research activities without 
formal reprogramming or transfer actions. In some instances, 
research activity may straddle several different missions and 
thrust areas. S&T and the Department must prioritize this 
consolidated research budget, which is substantially reduced 
from recent fiscal years, to focus on areas with the greatest 
promise for delivering material improvements or tangible 
contributions to homeland security missions in the near term. 
This flexibility in funding should facilitate that effort and 
partially offset the impact of an overall funding reduction.
      However, it remains important for accountability and 
visibility into the S&T research program that a more detailed 
reporting of research activity be available. Therefore, S&T is 
directed to submit to the Committees a detailed breakout of RDI 
funding by research thrust areas and by project, based on the 
categories presented in the budget justification materials, no 
later than 30 days after the date of enactment of this Act, and 
to submit quarterly updates thereafter.

                         Apex Research Projects

      The Apex initiative focuses on high-priority, high-value 
projects expected to produce results to solve a homeland 
security challenge in the near term. To provide the best 
oversight over these programs, S&T is directed to brief the 
Committees before initiating any new Apex projects, as 
specified in the House report. S&T and the Secret Service shall 
brief the Committees no later than 60 days after the date of 
enactment of this Act on the protective technology project, to 
include a progress report and a schedule for test and 
evaluation under operational conditions.

                      Resilience and Cybersecurity

      S&T is encouraged to continue to support competitively 
awarded research into disaster resilience with universities and 
Federal research centers, as well as cybersecurity research and 
development, as discussed in the Senate report.

          Laboratory Facilities (Operations and Construction)

      A total of $176,500,000 is provided for Laboratory 
Facilities (Operations and Construction), of which $50,000,000 
shall be to support the construction of the National Bio- and 
Agro-defense Facility (NBAF), and of which $18,200,000 shall be 
for infrastructure upgrades at the Transportation Security 
Laboratory as requested. Section 550 in the Act restricts funds 
appropriated in this Act for NBAF construction until the 
Department of Homeland Security completes 50 percent design 
planning for the NBAF, submits a revised site-specific 
biosafety and biosecurity mitigation risk assessment, and 
submits the National Academy of Sciences' review of the revised 
risk assessment. In addition, the revised site-specific 
biosafety and biosecurity mitigation risk assessment is to 
include a plan for expenditure of funds related to NBAF 
construction and a revised estimate of the total construction 
costs to complete the facility.

             Nuclear and Radiological Response and Recovery

      While funding for general transformational research and 
development of nuclear and radiological threat detection is 
funded within the Domestic Nuclear Detection Office (DNDO), S&T 
is directed as part of its fiscal year 2013 budget to give 
priority to research and development of technology for response 
and recovery from nuclear or radiological attacks or disasters, 
as part of its broader support of homeland security response 
and recovery requirements.

                   Acquisition and Operations Support

      A total of $54,154,000 is provided for ``Acquisition and 
Operations Support.'' S&T is directed to provide no less than 
$6,641,000, as requested, for the establishment of policies and 
procedures for test and evaluation activities and to monitor 
and coordinate them across the Department's acquisition 
framework.

                   Domestic Nuclear Detection Office

                     MANAGEMENT AND ADMINISTRATION

      A total of $38,000,000 is provided for ``Management and 
Administration.'' The Secretary is directed to submit to the 
Committees no later than 180 days after the date of enactment 
of this Act a strategic plan of investments necessary to 
implement the Department's responsibilities under the domestic 
component of the Global Nuclear Detection Architecture (GNDA), 
as required by this Act.

                 RESEARCH, DEVELOPMENT, AND OPERATIONS

      A total of $215,000,000 is provided for ``Research, 
Development, and Operations.''
      The amount provided for this appropriation by PPA is as 
follows:
Systems Engineering and Architecture....................     $30,000,000
Systems Development.....................................      51,000,000
Transformational Research and Development...............      40,000,000
Assessments.............................................      38,000,000
Operations Support......................................      33,000,000
National Technical Nuclear Forensics Center.............      23,000,000
                    --------------------------------------------------------
                    ____________________________________________________
    Total, Research, Development, and Operations........    $215,000,000

                         Semi-Annual Briefings

      In lieu of quarterly briefings, as directed in the House 
and Senate reports, DNDO is directed to brief the Committees 
semi-annually on program updates and to provide periodic 
updates on any new threats, research, and studies and 
assessments related to the GNDA. Semi-annual program briefings 
shall also cover emergent technology solutions being explored 
by DNDO, such as the human portable tripwire program; cargo 
scanning technologies for air, land, and sea ports of entry; 
long-range detection; small vessel standoff detection; and 
related programs. Briefings shall include available test and 
evaluation results.

                  Systems Engineering and Architecture

      Funding for DNDO's proposed Mission Critical Messaging 
program is provided to enhance situational awareness of the 
GNDA.

                          Systems Development

      In lieu of the requirement for an evaluation of DNDO's 
acquisitions funding and the appropriateness of consolidating 
DNDO's ``Systems Development'' and ``Test and Evaluation 
Infrastructure Operations'' activities within the Department's 
Science and Technology Directorate, language is included under 
the ``Office of the Chief Financial Officer'' heading in this 
statement regarding an assessment of the Department's 
acquisition organization and performance in support of its 
nuclear detection mission.

               Transformational Research and Development

      The Department's request to transfer radiological and 
nuclear research and development from DNDO to the Department's 
Science and Technology Directorate is denied. Instead, a total 
of $40,000,000 is provided for Transformational Research and 
Development (R&D).
      The conferees recognize that transformational R&D is 
funded at a substantially reduced level when compared to prior 
fiscal years and urge DNDO to leverage partnerships within the 
Department and the interagency community to realize the 
Office's radiological and nuclear research objectives. DNDO is 
directed to provide a detailed breakout no later than 60 days 
after the date of enactment of this Act of how it intends to 
fund transformational R&D activities at the reduced 
appropriations level, as directed in the House report.

                          SYSTEMS ACQUISITION

      A total of $37,000,000 is provided for ``Systems 
Acquisition.''
      The amount provided for this appropriation by PPA is as 
follows:

Radiation Portal Monitor Program........................      $7,000,000
Securing the Cities.....................................      22,000,000
Human Portable Radiation Detection System...............       8,000,000
                    --------------------------------------------------------
                    ____________________________________________________
    Total, Systems Acquisition..........................     $37,000,000

                    Radiation Portal Monitor Program

      A total of $7,000,000 is provided for the Radiation 
Portal Monitor (RPM) program. Reductions from the request are 
made in light of the Secretary's decision to cancel the 
Advanced Spectroscopic Portal (ASP) program as communicated in 
the Secretary's letter of October 3, 2011, to the Committees. 
As a result of the Secretary's decision, bill language 
restricting deployment of ASP is not included. If a successor 
program is initiated by the Department, the Committees are to 
be notified.

                          Securing the Cities

      A total of $22,000,000 is provided for the Securing the 
Cities (STC) program, which includes $2,000,000 for a new STC 
location beyond the New York pilot. In lieu of the reports 
required by the House and Senate on the STC program, DNDO is 
directed to provide a report, before committing funds to a new 
STC location, that: (1) Provides an evaluation of the New York 
STC pilot, including lessons learned for future STC sites and 
corrective actions that are being taken, or will be taken, to 
reconcile deficiencies identified in exercises and reviews; (2) 
details efforts to establish a model for STC lifecycle costs; 
(3) delineates performance measures that will be used to 
evaluate STC sites; and (4) outlines plans for a Federal 
transition strategy for the existing and new STC location.
      In lieu of quarterly briefings, as directed in the House 
report, DNDO is directed to provide periodic briefings on the 
Securing the Cities program, with the first briefing to be 
scheduled after the Committees receive the report assessing the 
2011 STC exercise in New York City.

                      TITLE V--GENERAL PROVISIONS

      Section 501. A provision proposed by the House and Senate 
is continued that no part of any appropriation shall remain 
available for obligation beyond the current year unless 
expressly provided.
      Section 502. A provision proposed by the House and Senate 
is continued that unexpended balances of prior appropriations 
may be merged with new appropriation accounts and used for the 
same purpose, subject to reprogramming guidelines.
      Section 503. A provision proposed by the Senate is 
continued that provides authority to reprogram appropriations 
within an account and to transfer up to 5 percent between 
appropriations accounts with 15-day advance notification to the 
Committees. The House proposed a similar provision. A detailed 
funding table identifying programs, projects, and activities is 
included at the end of this statement. This table along with 
funding levels specified in the report shall serve as the 
control level for all reprogrammings. These reprogramming 
guidelines shall be complied with by all agencies funded by 
this Act.
      The Department shall submit reprogramming requests on a 
timely basis and provide complete explanations of the 
reallocations proposed, including detailed justifications of 
the increases and offsets, and any specific impact the proposed 
changes will have on the budget request for the following 
fiscal year and future-year appropriations requirements. Each 
request submitted to the Committees should include a detailed 
table showing the proposed revisions at the account, program, 
project, and activity level to the funding and staffing (full-
time equivalent position) levels for the current fiscal year 
and to the levels requested in the President's budget for the 
following fiscal year.
      The Department shall manage its programs and activities 
within the levels appropriated. The Department should only 
submit reprogramming or transfer requests in the case of an 
unforeseeable emergency or situation that could not have been 
predicted when formulating the budget request for the current 
fiscal year. When the Department submits a reprogramming or 
transfer request to the Committees and does not receive 
identical responses from the House and Senate, it is the 
responsibility of the Department to reconcile the House and 
Senate differences before proceeding, and if reconciliation is 
not possible, to consider the reprogramming or transfer request 
not approved.
      The Department is not to submit a reprogramming or 
transfer of funds after June 30 except in extraordinary 
circumstances, which imminently threaten the safety of human 
life or the protection of property. If a reprogramming or 
transfer is needed after June 30, the notice should contain 
sufficient documentation as to why it meets this statutory 
exception.
      Subsection (e), added in the fiscal year 2011 year-long 
continuing resolution, is included to ensure that funds that 
are deobligated by the Department are also subject to the 
reprogramming and transfer guidelines and requirements set 
forth in this section.
      Section 504. A provision proposed by the House and Senate 
is continued that prohibits funds appropriated or otherwise 
made available to the Department to make payment to the 
Department's Working Capital Fund, except for activities and 
amounts allowed in the President's fiscal year 2012 request. 
Funds provided to the WCF are available until expended. The 
Department can only charge components for direct usage of the 
WCF and these funds may be used only for the purposes 
consistent with the contributing component. Any funds paid in 
advance or reimbursed must reflect the full cost of each 
service. The WCF shall be subject to the requirements of 
section 503 of this Act.
      Section 505. A provision proposed by the House and Senate 
is continued that not to exceed 50 percent of unobligated 
balances remaining at the end of fiscal year 2012 from 
appropriations made for salaries and expenses shall remain 
available through fiscal year 2013 subject to section 503 
reprogramming guidelines.
      Section 506. A provision proposed by the House and Senate 
is continued that funds for intelligence activities are deemed 
to be specifically authorized during fiscal year 2012 until the 
enactment of an Act authorizing intelligence activities for 
fiscal year 2012.
      Section 507. A provision proposed by the House and Senate 
is continued and modified requiring notification of the 
Committees three days before grant allocations, grant awards, 
contract awards, other transactional agreements, letters of 
intent, or a task or delivery order on a multiple contract 
award totaling $1,000,000 or more, or a task or delivery order 
greater than $10,000,000 from multi-year funds, is announced by 
the Department, including contracts covered by the Federal 
Acquisition Regulation. The Department is required to brief the 
Committees 5 full business days prior to announcing the 
intention to make a grant under State and Local Programs. 
Notification shall include a description of the project or 
projects to be funded, including city, county, and State.
      Section 508. A provision proposed by the House and Senate 
is continued that no agency shall purchase, construct, or lease 
additional facilities for Federal law enforcement training 
without advance approval of the Committees.
      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 46 U.S.C. 501(b). 
The House proposed no similar provision.
      Section 530. A provision proposed by the House and Senate 
is continued and modified prohibiting the obligation of funds 
for the Office of the Secretary and Executive Management for 
any new hires at DHS if they are not verified through the E-
Verify program.
      Section 531. A provision proposed by the Senate is 
continued prohibiting funds from being used to reduce the Coast 
Guard's Operations Systems Center mission or its government-
employed or contract staff. The House proposed no similar 
provision.
      Section 532. A provision proposed by the House and Senate 
is continued related to prescription drugs.
      Section 533. A provision proposed by the Senate is 
continued prohibiting funds to be used to conduct or implement 
the results of a competition under Office of Management and 
Budget Circular A-76 with respect to the Coast Guard National 
Vessel Documentation Center. The House proposed no similar 
provision.
      Section 534. A provision proposed by the House and Senate 
is continued requiring the Secretary, in conjunction with the 
Secretary of the Treasury, to notify the Committees of any 
proposed transfers from the Department of the Treasury 
Forfeiture Fund to any agency within DHS. No funds may be 
obligated until the Committees approve the proposed transfers. 
If the President proposes to rescind Treasury Forfeiture Funds 
in his fiscal year 2013 budget, he shall propose to divide the 
funds equitably between the Departments based upon their 
contributions to the Fund.
      Section 535. A provision proposed by the House and Senate 
is continued prohibiting funds for planning, testing, piloting, 
or developing a national identification card.
      Section 536. A provision proposed by the House is 
continued requiring the TSA Administrator to certify that no 
security risks will result if an airport does not participate 
in the E-Verify program. The Senate proposed no similar 
provision.
      Section 537. A provision proposed by the House and Senate 
is continued and modified that requires a report, to be posted 
on the FEMA website, summarizing damage assessment information 
used to determine whether to declare a major disaster.
      Section 538. A provision proposed by the House and Senate 
is continued, modified, and made permanent relating to the 
liquidation of Plum Island assets and how the proceeds from 
such sale may be applied to construction costs of the new 
National Bio- and Agro-defense Facility.
      Section 539. A provision proposed by the House and Senate 
is continued directing that any official required by this Act 
to report or to certify to the Committees on Appropriations may 
not delegate any authority unless expressly authorized to do so 
in this Act.
      Section 540. A provision proposed by the Senate is 
continued extending the risk-based security standards for 
chemical facilities cited in section 550 of Public Law 109-295, 
as amended, for one year. The House proposed a similar 
provision.
      Section 541. A provision proposed by the Senate is 
continued prohibiting the use of funds for the transfer or 
release of individuals detained at United States Naval Station, 
Guantanamo Bay, Cuba. The House proposed a similar provision.
      Section 542. A provision proposed by the House and Senate 
is continued prohibiting funds in this Act to be used for 
first-class travel.
      Section 543. A provision proposed by the House and Senate 
is continued prohibiting funds in this Act to be used for 
adverse personnel actions for employees who use protective 
equipment or measures, including surgical masks, N95 
respirators, gloves, or hand-sanitizers in the conduct of their 
official duties.
      Section 544. A provision proposed by the House and Senate 
is continued prohibiting funds to be used to employ illegal 
workers as described in Section 274A(h)(3) of the Immigration 
and Nationality Act.
      Section 545. A provision proposed by the Senate is 
continued and modified relating to the proper disposal of 
personal information collected through the Registered Traveler 
program. The House proposed a similar provision.
      Section 546. A provision proposed by the Senate is 
continued and made permanent regarding the definition of the 
term ``rural'' for purposes of section 210C of the Homeland 
Security Act of 2002. The House proposed no similar provision.
      Section 547. A provision proposed by the House and Senate 
is continued prohibiting funds appropriated or otherwise made 
available by this Act to pay for award or incentive fees for 
contractors with below satisfactory performance or performance 
that fails to meet the basic requirements of the contract.
      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, or 
May 31, 2012.

                         Provisions Not Adopted

      The conference agreement does not include section 547 of 
the House bill rescinding $11,300,000 in unobligated balances 
from ICE, Construction.
      The conference agreement does not include section 558 of 
the Senate bill authorizing an increase to aviation security 
passenger fees for fiscal year 2012.
      The conference agreement does not include section 565 of 
the Senate bill making available an additional $18,300,000 
until September 30, 2014, designated as emergency and offset by 
rescinding unobligated emergency balances, for Coast Guard to 
replace a rotary wing airframe.
      The conference agreement does not include section 570 of 
the Senate bill rescinding $20,000,000 in unobligated prior 
year balances from S&T ``Research, Development, Acquisitions, 
and Operations.''
      The conference agreement does not include section 601 of 
the House bill rescinding $500,000,000 from Department of 
Energy unobligated balances pursuant to section 129 of P.L. 
110-329 and transfers $1,000,000,000 to FEMA Disaster Relief.
      The conference agreement does not include section 701 of 
the House bill prohibiting new budget authority from exceeding 
budget allocation.
      The conference agreement does not include section 702 of 
the House bill prohibiting use of funds in contravention of 
section 642(a) of the Illegal Immigration Reform and Immigrant 
Responsibility Act of 1996.
      The conference agreement does not include section 703 of 
the House bill prohibiting use of funds to parole an alien or 
grant deferred action except on a case-by-case basis for urgent 
humanitarian reasons or significant public benefit.
      The conference agreement does not include section 704 of 
the House bill prohibiting use of funds to require TWIC 
applicants to appear at a designated enrollment center for 
issuance, renewal, or activation.
      The conference agreement does not include section 705 of 
the House bill prohibiting use of funds unless in accordance 
with Presidential Memorandum--Federal Fleet Performance (May 
24, 2011).
      The conference agreement does not include section 706 of 
the House bill prohibiting use of funds in contravention of 
section 44917 of 49 U.S.C. (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.

[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]

   DIVISION E--DEPARTMENT OF THE INTERIOR, ENVIRONMENT, AND RELATED 
                   AGENCIES APPROPRIATIONS ACT, 2012

      The following statement is an explanation of the effects 
of Division E, which makes appropriations for the Department of 
the Interior, the Environmental Protection Agency (EPA), the 
Forest Service, the Indian Health Service, and related agencies 
for fiscal year 2012. Language contained in House Report 112-
151 providing specific guidance to agencies regarding the 
administration of appropriated funds and any corresponding 
reporting requirements carries the same emphasis as the 
language included in this explanatory statement and should be 
complied with unless specifically addressed to the contrary 
herein.
      In instances where the House report speaks more broadly 
to policy issues or offers views that are subject to 
interpretation, such views remain those of the House and do not 
reflect the views of the conferees unless otherwise repeated in 
this statement. In cases where the House report or the 
statement of managers directs the submission of a report, such 
report is to be submitted to both the House and Senate 
Committees on Appropriations. Where this explanatory statement 
refers to the Committees or the Committees on Appropriations, 
unless otherwise noted, this reference is to the House 
Subcommittee on Interior, Environment and Related Agencies and 
the Senate Subcommittee on Interior, Environment and Related 
Agencies.
      The conferees expect that each department and agency 
funded in this Act will follow the directions set forth in this 
Act and the accompanying statement, and will not reallocate 
resources or reorganize activities except as provided herein or 
otherwise approved by the Committees through the reprogramming 
process as described in this report. Funding levels for 
appropriations by account, program, and activity, with 
comparisons to the fiscal year 2011 enacted level and the 
fiscal year 2012 budget request, can be found in the table at 
the end of this division.
      Unless expressly stated otherwise, any reference to 
``this Act'' or ``at the end of this statement'' shall be 
treated as referring only to the provisions of this division.
      Oversight--The EPA, Forest Service, and Department of the 
Interior are directed to report to the Committee no later than 
60 days following enactment of this Act on steps taken to 
address management weaknesses and implement reforms identified 
by the Government Accountability Office (GAO) and each agency's 
IG during House oversight hearings held on March 1, 2011 
(Department of the Interior); March 2, 2011 (EPA); and March 
10, 2011 (U.S. Forest Service).
      Making Litigation Costs Transparent--The EPA, Forest 
Service, and Department of the Interior are directed to provide 
to the House and Senate Committees on Appropriations, and make 
publicly available no later than 60 days after enactment, 
detailed Equal Access to Justice Act (EAJA) fee information as 
specified in House Report 112-151.
      Reprogramming Guidelines--The following are the 
procedures governing reprogramming actions for programs and 
activities funded in the Department of the Interior, 
Environment and Related Agencies Appropriations Act.
      Definitions.--``Reprogramming,'' as defined in these 
procedures, includes the reallocation of funds from one budget 
activity, budget line-item or program area, to another within 
any appropriation funded in this Act. In cases where the House 
Committee report displays an allocation of an appropriation 
below that level, that more detailed level shall be the basis 
for reprogramming.
      For construction, land acquisition, and forest legacy 
accounts, a reprogramming constitutes the reallocation of 
funds, including unobligated balances, from one construction, 
land acquisition, or forest legacy project to another such 
project.
      A reprogramming shall also consist of any significant 
departure from the program described in the agency's budget 
justifications. This includes proposed reorganizations, 
especially those of significant national or regional 
importance, even without a change in funding. Any change to the 
organization table presented in the budget justification shall 
be subject to this requirement.
      General Guidelines for Reprogramming.--
      (a) A reprogramming should be made only when an 
unforeseen situation arises, and then only if postponement of 
the project or the activity until the next appropriation year 
would result in actual loss or damage.
      (b) Any project or activity, which may be deferred 
through reprogramming, shall not later be accomplished by means 
of further reprogramming, but instead, funds should again be 
sought for the deferred project or activity through the regular 
appropriations process.
      (c) Except under the most urgent situations, 
reprogramming should not be employed to initiate new programs 
or increase allocations specifically denied or limited by 
Congress, or to decrease allocations specifically increased by 
the Congress.
      (d) Reprogramming proposals submitted to the House and 
Senate Committees on Appropriations for approval shall be 
considered approved 30 calendar days after receipt if the 
Committees have posed no objection. However, agencies will be 
expected to extend the approval deadline if specifically 
requested by either Committee.
      Criteria and Exceptions.--A reprogramming must be 
submitted to the Committees in writing prior to implementation 
if it exceeds $1,000,000 annually or results in an increase or 
decrease of more than 10 percent annually in affected programs, 
with the following exceptions:
      (a) With regard to the tribal priority allocations of the 
Bureau of Indian Affairs, there is no restriction on 
reprogrammings among these programs. However, the Bureau shall 
report on all reprogrammings made during a given fiscal year no 
later than 60 days after the end of the fiscal year.
      (b) With regard to the EPA, State and Tribal Assistance 
Grants account, the Committee does not require reprogramming 
requests associated with States and Tribes Partnership Grants.
      Assessments.--``Assessment'' as defined in these 
procedures shall refer to any charges, reserves, or holdbacks 
applied to a budget activity or budget line item for costs 
associated with general agency administrative costs, overhead 
costs, working capital expenses, or contingencies.
      (a) No assessment shall be levied against any program, 
budget activity, sub-activity, budget line item, or project 
funded by the Interior, Environment, and Related Agencies 
Appropriations Act unless such assessment and the basis 
therefore are presented to the Committees on Appropriations in 
the budget justifications and are subsequently approved by the 
Committees. The explanation for any assessment in the budget 
justification shall show the amount of the assessment, the 
activities assessed, and the purpose of the funds.
      (b) Proposed changes to estimated assessments, as such 
estimates were presented in annual budget justifications, shall 
be submitted through the reprogramming process and shall be 
subject to the same dollar and reporting criteria as any other 
reprogramming.
      (c) The conferees direct that each agency or bureau which 
utilizes assessments shall submit an annual report to the 
Committees which provides details on the use of all funds 
assessed from any other budget activity, line item, sub-
activity, or project.
      (d) In no case shall contingency funds or assessments be 
used to finance projects and activities disapproved or limited 
by Congress, or to finance programs or activities that could be 
foreseen and included in the normal budget review process.
      (e) New programs requested in the budget should not be 
initiated before enactment of the bill without notification to, 
and the approval of, the Committees on Appropriations. This 
restriction applies to all such actions regardless of whether a 
formal reprogramming of funds is required to begin the program.
      Quarterly Reports.--All reprogrammings between budget 
activities, budget line-items, program areas, or the more 
detailed activity levels shown in the Statement of the 
Managers, including those below the monetary thresholds 
established above, shall be reported to the Committees within 
60 days of the end of each quarter and shall include cumulative 
totals for each budget activity, budget line item, or 
construction, land acquisition, or forest legacy project.
      Land Acquisitions, Easements, and Forest Legacy.--Lands 
shall not be acquired for more than the approved appraised 
value (as addressed in section 301(3) of Public Law 91-646), 
unless such acquisitions are submitted to the Committees on 
Appropriations for approval in compliance with these 
procedures.
      Land Exchanges.--Land exchanges, wherein the estimated 
value of the Federal lands to be exchanged is greater than 
$1,000,000, shall not be consummated until the Committees have 
had a 30-day period in which to examine the proposed exchange. 
In addition, the Committees shall be provided advance 
notification of exchanges valued between $500,000 and 
$1,000,000.
      Budget Structure.--The budget activity or line item 
structure for any agency appropriation account shall not be 
altered without advance approval of the House and Senate 
Committees on Appropriations.

                  TITLE I--DEPARTMENT OF THE INTERIOR

                       BUREAU OF LAND MANAGEMENT

                   MANAGEMENT OF LANDS AND RESOURCES

      The bill provides $961,900,000 for Management of Lands 
and Resources. The conferees also provide the following 
directions:
      Wild Horse and Burro Management.--The bill provides 
$75,008,000 for wild horse and burro management. The Bureau of 
Land Management is encouraged to take all necessary steps to 
keep costs under control for this program.
      Range Management.--The bill increases funding to address 
numerous challenges including completion of grazing permit 
renewals; hiring of seasonal employees to ensure timely turn-
out of livestock; annual and trend monitoring of grazing 
allotments; and improving the quality of Bureau work on 
environmental and other documents related to livestock grazing, 
among other range management activities.
      Native Plant Program.--The conferees are supportive of 
the Bureau of Land Management's existing plant conservation and 
native plant materials program and expect the Bureau to 
continue to support a robust program through resources provided 
under various accounts, including land management, wildlife 
management and threatened/endangered species.
      Wildlife and Fisheries.--Funding is included throughout 
Bureau of Land Management line items for sage grouse habitat 
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. 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.

                         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 as requested within Park Protection for additional 
Park Police protection at the Statue of Liberty and Martin 
Luther King, Jr. Memorial.
      Sequoia National Park.--The conference agreement does not 
include report language contained in the House report nor bill 
language proposed by the Senate directing the Department of the 
Interior to report on the methodology used in calculating 
hydropower fees on National Park Service lands. The conferees 
understand that this issue has been settled and the need for 
the report no longer exists.
      Delaware Water Gap National Recreation Area and Middle 
Delaware National Scenic and Recreational River, Appalachian 
National Scenic Trail.--The conferees are concerned about 
delays in completing an Environmental Impact Statement (EIS) 
announced by the National Park Service and the Department of 
the Interior regarding improvement of electric transmission 
lines partially lying within the boundaries of the Delaware 
Water Gap National Recreation Area. The National Park Service 
and the Department are directed to adhere to the previously 
announced schedule and publish a final Record of Decision (ROD) 
by October of 2012.
      Historic Properties.--The conferees are concerned that a 
proposal to remove the Fresnel lens currently installed at the 
Block Island Southeast Lighthouse in Rhode Island will have an 
adverse impact on this historic property. As such, the 
conferees direct the Service to report to and consult with the 
Committees on Appropriations prior to facilitating the transfer 
of the lens or accepting the lens for display at any unit 
within the System.
      Point Reyes National Seashore.--The conferees are aware 
that the Service will shortly be issuing a Draft Environmental 
Impact Statement (DEIS) regarding a possible 10-year extension 
for oyster operations at Point Reyes National Seashore. Because 
of concerns relating to the validity of the science underlying 
the DEIS, the conferees direct the National Academy of Sciences 
to assess the data, analysis, and conclusions in the DEIS in 
order to ensure there is a solid scientific foundation for the 
Final Environmental Impact Statement expected in mid-2012.

                  NATIONAL RECREATION AND PRESERVATION

      The bill provides $59,975,000 for the National Recreation 
and Preservation account with the following specific directive:
      Heritage Partnership Program.--The bill provides an 
increase of $8,408,000 above the request to maintain funding at 
the fiscal year 2011 enacted level.

                       HISTORIC PRESERVATION FUND

      The bill provides $56,000,000 for the Historic 
Preservation Fund account with the following specific 
directive:
      State and Tribal Historic Preservation Offices.--The bill 
provides $47,000,000 for State Historic Preservation Offices 
and $9,000,000 for Tribal Historic Preservation Offices.

                              CONSTRUCTION

                    (INCLUDING RESCISSION OF FUNDS)

      The bill provides $159,621,000 for the Construction 
account.
      Line Item Construction. The bill provides $77,847,000 in 
funding for line item construction projects. The amount 
provided will fully fund NPS construction projects as 
prioritized by the Service pursuant to the Administration's 
revised request list provided to the Committees on June 24, 
2011. Requests for reprogramming will be considered pursuant to 
the guidelines in the front of this statement.
      Washington Monument Stabilization and Repair, National 
Capital Region.--The bill provides a total of $7,500,000 for 
the stabilization and repair of the Washington Monument. The 
conferees understand these funds will be matched on a 1:1 basis 
by a private citizen. The conferees have also included language 
allowing the National Park Service to enter into a single 
procurement for repairs to the Washington Monument.
      Special Resource Studies.--The conferees urge the Service 
to complete previously authorized studies before initiating any 
new studies.

                    LAND AND WATER CONSERVATION FUND

                              (RESCISSION)

      The bill rescinds $30,000,000, as in previous years, in 
annual contract authority. There are no plans to use this 
authority in fiscal year 2012.

                 LAND ACQUISITION AND STATE ASSISTANCE

      The bill provides $102,060,000 for Land Acquisition and 
State Assistance, of which $9,000,000 is for the American 
Battlefield Protection Program; $9,500,000 is for Acquisition 
Management; $5,000,000 is for Inholdings and Exchanges; 
$3,000,000 is for Emergencies and Hardships; and $30,560,000 is 
for Federal Acquisitions. The State Assistance Grant Program is 
funded at $45,000,000, of which $2,794,000 is for 
Administrative Expenses.
      The amount provided for Federal Acquisitions will fully 
fund the first two projects as prioritized by the Service 
pursuant to the Administration's revised request list provided 
to the Committees on June 24, 2011. Requests for reprogramming 
will be considered pursuant to the guidelines in the front of 
this statement.

                    UNITED STATES GEOLOGICAL SURVEY

                 SURVEYS, INVESTIGATIONS, AND RESEARCH

      The bill provides $1,069,744,000 for Surveys, 
Investigations, and Research of the U.S. Geological Survey. The 
detailed allocation of funding by activity and sub-activity is 
included in the table at the end of this statement and comports 
with the requested budget structure realignment. Unless 
otherwise indicated below, the conferees have accepted the 
proposals for reductions resulting from Department-wide 
efficiencies, administrative savings, and Enterprise Publishing 
Network savings. A decrease of $2,172,000 to the request has 
been assumed to reflect changes in the final fiscal year 2011 
operating plan, which was not available at the time the request 
was submitted. Support for ecosystem restoration activities 
throughout the Survey's programs is maintained at the fiscal 
year 2011 enacted level. Additional changes to the request are 
specified below.
      Ecosystems.--The bill provides $161,536,000 for 
Ecosystems activities. Increases above the enacted level 
include $1,500,000 for The Chesapeake Bay Executive Order and 
$2,500,000 for the Great Lakes Asian Carp Control Framework. 
The conferees support the President's budget proposal to 
conduct an in-depth analysis of the extent and sources of 
endocrine disrupting chemicals impacting fish and wildlife in 
the Chesapeake basin.
      Climate and Land Use Change.--The bill provides 
$144,320,000 for Climate and Land Use Change programs. Within 
Climate Variability, changes to the request include decreases 
of $2,000,000 from Research and Development, and $6,460,000 
from Science Support for DOI Bureaus. Carbon Sequestration is 
funded at $9,000,000.
      Within Land Use Change, an increase of $11,500,000 is 
provided to complete funding for Landsat 8 ground operations 
development. The conferees have not agreed with the proposal to 
create a separate ``Land Imaging'' account and have instead 
maintained funding for all satellite operations within this 
subactivity. Estimated administrative savings assumed in the 
proposed new account have been assumed within the Land Use 
Change account instead.
      The conferees have not agreed to transfer budgetary 
authority for the launch of Landsat satellites 9 and 10 from 
the National Aeronautics and Space Administration to the 
Survey. Of the requested $48,000,000 increase for its 
implementation, the conferees have provided $2,000,000 for 
program development only. The conferees note that future 
requests for the project are estimated by the Administration to 
escalate to over $400,000,000 by fiscal year 2014. There is 
little doubt that resources will not be available within the 
Interior Appropriations bill to support these very large 
increases without decimating all other Survey programs. The 
conferees note that the launch of Landsat 9 is not scheduled 
until 2018. This allows time in the year ahead for all 
interested parties to re-examine how to proceed with future 
Landsat missions. In the conferees' view this would be a 
prudent step, inasmuch as the current budget proposal is based 
on a report from the Office of Science and Technology Policy 
issued in 2008, and both technological advances and a vastly 
different economic environment may point to other, less costly, 
options for obtaining Landsat data.
      Energy, Minerals, and Environmental Health.--The bill 
provides $96,368,000 for Energy, Minerals, and Environmental 
Health. The following amounts have been restored to ongoing 
programs that were proposed to be reduced in the request: 
$250,000 for the Minerals External Research Program; $5,000,000 
for Minerals Resources; $1,000,000 for Energy Resources; 
$500,000 for Contaminants; and $2,500,000 for Toxic Substances 
Hydrology. An increase of $1,000,000 is provided for the New 
Energy Frontier initiative.
      Natural Hazards.--The bill provides $134,696,000 for 
Natural Hazards. The conferees have not agreed to proposed 
reductions in the request and have restored funds to the 
following programs: $2,000,000 for Earthquake Grants; 
$1,800,000 for the 2012 Multi-Hazards Initiative; and 
$1,500,000 for the National Volcano Early Warning System. 
Decreases from the request include $800,000 from the 2011 
Multi-Hazards Initiative, and $3,000,000 from Coastal and 
Marine Spatial Planning.
      Water Resources.--The bill provides $214,996,000 for 
Water Resources. Funding has been restored for the following 
programs that were proposed to be reduced in the request: 
$2,000,000 for Groundwater Resources; $6,049,000 for the 
National Water Quality Assessment Program; $1,963,000 for the 
Cooperative Water Program; and $6,500,000 for the Water 
Resources Research Act Program. A program increase of 
$2,846,000 above the request is provided for the National 
Streamflow Information Program. Decreases from the request 
include $2,500,000 from the WaterSMART initiative within 
Hydrologic Networks and Analysis. The conferees encourage the 
Survey to include with its fiscal year 2013 budget request a 
proposal to establish a national groundwater monitoring network 
as authorized by the Secure Water Act.
      Core Science Systems.--The bill provides $106,849,000 for 
Core Science Systems. Increases to the request include $998,000 
for the National Geological and Geophysical Data Preservation 
Program to continue funding at the current year enacted level, 
and $1,500,000 for National Cooperative Geologic Mapping 
Federal and State Partnerships to partially restore the 
proposed reduction to that program. Decreases from the request 
include $500,000 from WaterSMART.
      Administration and Enterprise Information.--The bill 
provides $110,397,000 for Administration and Enterprise 
Information. There is a decrease from the request of $5,920,000 
for separation costs. This amount is significantly below what 
the Survey would need to implement its proposed reduction in 
force. If a similar plan is put forward in future budget 
requests, the conferees expect that sufficient funds will be 
requested for its implementation.
      Facilities.--The bill provides $100,582,000 for 
Facilities. The conferees do not agree with the 
administration's proposal to create a separate ``Construction'' 
line item within the budget and consequently have maintained 
those funds within the ``Deferred Maintenance and Capital 
Improvement'' subactivity. In the conferees' view, the Survey 
has the authorities it requires to manage its facilities and 
space requirements within the current structure.

                   BUREAU OF OCEAN ENERGY MANAGEMENT

                        OCEAN ENERGY MANAGEMENT

      The bill provides $59,792,000 for Ocean Energy Management 
to be partially offset with the collection of offsetting rental 
receipts and cost recovery fees totaling $101,082,000. This new 
account funds the activities of the Bureau of Ocean Energy 
Management, including leasing, environmental studies, economic 
analysis and the Renewable Energy Program. The conferees also 
provide the following directions:
      Renewable Energy.--The bill provides $22,697,000 for 
renewable energy leasing activities, including program 
development, environmental analysis, consultation with Federal, 
State, and local stakeholders, and development of a 
multipurpose marine cadastre. The Director should work with the 
Secretary of Energy and States to exchange information about 
the development of new technology related to the structural 
material, environmental, and design safety criteria, as well as 
design and performance standards, of transitional depth and 
floating wind turbines. The Bureau is expected to continue 
working with coastal States and other stakeholders to study new 
wind energy areas, including in shallow, transitional, and deep 
(over 200 feet) waters.
      Conventional Energy.--The bill provides $47,283,000 for 
conventional oil and gas leasing activities, including planning 
of the Five-year Oil and Gas Leasing Program, surveying Outer 
Continental Shelf boundaries, implementing the lease sale 
process, administering leases, and reviewing exploration and 
development plans.
      Environmental Assessment--The bill provides $62,041,000 
for environmental assessment activities.
      The Bureau is encouraged to continue its efforts in 
working with partners to collect information about methane 
hydrates on the sea floor and the relationships between gas 
hydrates and episodes of sediment instability that may pose a 
threat to the petroleum industry's infrastructure and safety of 
operations.
      Bill Language.--The bill includes in Title IV a general 
provision that amends Sec. 328 of the Clean Air Act (42 U.S.C. 
7627(a)(1)) to transfer air quality permitting authority, as of 
the date of enactment of this Act, from the Environmental 
Protection Agency to the Department of the Interior, giving 
regulatory parity for the Beaufort and Chukchi Sea planning 
areas with the Western and Central Gulf of Mexico planning 
areas. Paragraph (c) ensures that this change in the issuance 
and administration of air quality requirements will not 
invalidate or stay any permit, or proceeding related thereto, 
which is existing or pending as of the date of enactment of 
this Act.

             BUREAU OF SAFETY AND ENVIRONMENTAL ENFORCEMENT

             OFFSHORE SAFETY AND ENVIRONMENTAL ENFORCEMENT

      The bill provides $61,473,000 for Offshore Safety and 
Environmental Enforcement to be partially offset with the 
collection of offsetting rental receipts, cost recovery fees 
and inspection fees totaling $121,081,000. The conferees also 
provide the following directions:
      Funding has been increased with the expectation that 
much-needed inspectors and engineers will be hired and that 
permits will be processed expeditiously. The highest priority 
for BSEE with the funding appropriated is ensuring safety and 
prompt consideration of permits. Appropriated dollars should 
not be used for expanding regulation of non-lease holders, with 
the exception of those involved in the Deepwater Horizon 
accident, unless approved through reprogramming pursuant to the 
guidelines in the front of this statement.
      Environmental Enforcement.--The bill provides $4,110,000 
for environmental enforcement actions, as requested. Activities 
include environmental compliance activities related to issuing 
permits associated with plans, inspections of environmental 
measures and enforcement of incidences of noncompliance, and 
monitoring industry compliance with mitigation and other 
environmental requirements through office and field 
inspections. With the additional resources provided, 
applications for permits to drill should be processed with all 
due speed.
      Operations, Safety, and Regulation.--The bill provides 
$132,139,000 for operations, safety, and regulation.
      Inspection Fees.--The bill includes in Title IV a general 
provision that provides for the collection of $62,000,000 in 
inspection fees.
      Bill Language.--The bill includes new language requiring 
that at least fifty percent of collected inspection fees are 
dedicated to mission related costs including the review of 
applications for permits to drill.
      The report requested in House Report 112-151 on Deepwater 
Horizon recommendations is no longer required.

                           OIL SPILL RESEARCH

      The bill provides $14,923,000 for Oil Spill Research.

          OFFICE OF SURFACE MINING RECLAMATION AND ENFORCEMENT

                       REGULATION AND TECHNOLOGY

      The bill provides $122,950,000 for Regulation and 
Technology. Within this amount, the bill funds regulatory 
grants at $68,700,000, equal to the fiscal year 2011 enacted 
level. The conferees find the proposal to reduce regulatory 
grants would undermine the State-based regulatory system. It is 
imperative that States continue to operate protective 
regulatory programs as delegation of authority to the States is 
the cornerstone of the surface mining regulatory program. 
Further, the conference agreement does not provide funds to 
expand and enhance Federal oversight activities of State 
programs.
      On October 26, 2011 the Secretary of the Interior issued 
an order to consolidate the Office of Surface Mining (OSM) 
within the Bureau of Land Management (BLM). The conferees are 
deeply concerned about the lack of coordination and 
consultation prior to the issuance of this order. Subsequently, 
the Department of the Interior initiated discussions with 
employees, Members of Congress, and stakeholders. Significant 
issues have been identified with this proposed reorganization, 
including questions of the wisdom of attempting to combine 
statutorily created agencies that have responsibilities in law 
that cannot be combined with or transferred to another agency. 
The conferees are aware that on November 28, 2011, the 
Secretary suspended the effective date of his directive in 
order to gather further information on this potential 
restructuring. The conferees expect the Department to enhance 
its consultation and coordination with employees, Members of 
Congress and stakeholders on this matter and to consult with 
the appropriate committees of jurisdiction before any final 
decisions are made.

                    ABANDONED MINE RECLAMATION FUND

      The bill provides $27,443,000 for the Abandoned Mine 
Reclamation Fund.

        BUREAU OF INDIAN AFFAIRS AND BUREAU OF INDIAN EDUCATION

                      Operation of Indian Programs

                     (INCLUDING TRANSFER OF FUNDS)

      The bill provides $2,371,532,000 for the Operation of 
Indian Programs. The detailed allocation of funding by program 
area and activity is included in the table at the end of the 
statement. Specific changes to the request and direction are 
the following:
      Tribal Government.--The bill provides $520,163,000 for 
Tribal Government. Contract Support Costs are funded at the 
fiscal year 2011 enacted level of $219,560,000. Small and Needy 
Tribes are funded at $1,950,000.
      Human Services.--The bill provides $136,579,000 for Human 
Services. Social Services are funded at $34,379,000.
      Trust--Natural Resources Management.--The bill provides 
$157,496,000 for Trust--Natural Resources Management. Rights 
Protection Implementation is funded at $29,022,000, and the 
Tribal Management/Development Program is funded at $7,717,000; 
increases to the fiscal year 2011 enacted level should be 
distributed proportionally across all program elements within 
these two subactivities. Forestry is funded at $43,644,000. 
Water Resources is funded at $10,150,000. Fish, Wildlife, and 
Parks is funded at $11,340,000.
      Trust--Real Estate Services.--The bill provides 
$126,963,000 for Trust--Real Estate Services. Trust Services--
General is funded at $11,000,000. The increase above the 
request is for continued implementation of the Klamath Basin 
Restoration Agreement.
      Education.--The bill provides $796,753,000 for Education. 
Elementary and Secondary Programs (Forward Funded) are funded 
at $523,083,000, of which $391,333,000 is for ISEP Formula 
Funds; $5,286,000 is for ISEP Program Adjustments; $12,051,000 
is for Education Program Enhancements; $52,716,000 is for 
Student Transportation; $15,370,000 is for Early Childhood 
Development; and $46,327,000 is for Administrative Cost Grants. 
Post-Secondary Programs (Forward Funded) are funded at 
$67,401,000. Post-Secondary Programs are funded at $61,533,000, 
of which $18,527,000 is for Haskell and SIPI--an increase of 
$1,153,000 over the request that is to be divided 
proportionally between the two schools.
      Public Safety and Justice.--The bill provides 
$346,778,000 for Public Safety and Justice, an increase of 
$12,688,000 above the fiscal year 2011 enacted level. Law 
Enforcement is funded at $322,460,000, of which $185,315,000 is 
for Criminal Investigations and Police Services; and 
$81,941,000 is for Detention/Corrections. The requested 
increase for Conservation Law Enforcement is not agreed to.
      Indian Employment, Training and Related Services.--The 
bill does not include section 430 of the House bill pertaining 
to Indian employment, training, and related services pursuant 
to Public Law 102-477. This provision was intended to block the 
Administration from continuing with new, unauthorized and 
retroactive policies which run counter to how ``477'' funds 
have been transferred to tribal governments and how funds have 
been audited since the program's inception 19 years ago. The 
conferees have dropped this provision in order to give the 
Administration time to honor its recent commitments to suspend 
new policies while working with Tribes to find alternative 
solutions.
      The conferees understand that recent Administration 
commitments to the Tribes and the Congress include but are not 
limited to the following: that it has engaged the Tribes in a 
new consultative process to address agency and tribal concerns; 
that it has halted any effort to alter the manner and 
conditions under which ``477'' funds have historically been 
transferred to Tribes; that it has indefinitely suspended its 
2009 supplemental audit requirements for any ``477'' program 
audits, covering fiscal years 2009 through 2012, that were not 
completed on or before September 30, 2011; and that annual 
``477'' program audits will continue to comply with the Single 
Audit Act of 1984.
      The conferees expect the Administration to consult with 
Tribes on a government-to-government basis, and to only proceed 
with improvements that reflect general consensus among the 
impacted Tribes and agencies. The P.L. 102-477 Tribal Work 
Group shall be consulted on the precise content of all guidance 
documents and similar issuances prior to their finalization. 
The House and Senate Appropriations Committees will be closely 
monitoring the progress of the consultation process, and will 
expect regular updates from the Administration. If issues 
concerning the transfer and audit of ``477'' funds are not 
permanently resolved administratively, the Committees intend to 
address this issue in the fiscal year 2013 process.
      Other Matters.--The conferees are aware of a lack of 
local support for two recent off-reservation gaming projects in 
Yuba, California, and Madera, California, which received 
Secretarial Determinations on September 1, 2010. The 
evidentiary record provided by the Bureau of Indian Affairs 
indicates that only two of the 33 elected officials or bodies 
that were consulted on these projects expressed support for 
them. The conferees are also concerned that in one case, the 
Department appears to have largely ignored a popular vote which 
indicated a majority of the county was opposed to the 
construction of a casino on the site which was approved by the 
Department. Therefore, the conferees direct the Secretary to 
review these applications to verify the claim of ``strong local 
support'' and report those findings to the Committees within 60 
days of enactment of this Act.

                              CONSTRUCTION

                     (INCLUDING TRANSFER OF FUNDS)

      The bill provides $123,828,000 for Construction. The 
detailed allocation of funding by program area and activity is 
included in the table at the end of the statement. Specific 
changes to the request are the following:
      Education.--The bill provides $70,940,000 for Education. 
Replacement Schools are funded at $17,836,000, which funds the 
next school on the 2004 priority list. Facilities Improvement 
and Repair is funded at $48,669,000.

 INDIAN LAND AND WATER CLAIM SETTLEMENTS AND MISCELLANEOUS PAYMENTS TO 
                                INDIANS

      The bill provides $32,855,000 for Indian Land and Water 
Claim Settlements and Miscellaneous Payments to Indians, as 
requested. The detailed allocation of funding by subactivity 
and program element is included in the table at the end of the 
statement.

                 INDIAN GUARANTEED LOAN PROGRAM ACCOUNT

      The bill provides $7,114,000 for the Indian Guaranteed 
Loan Program Account, an increase of $4,000,000 above the 
request. The conferees are aware that there is strong interest 
among tribally owned construction contractors to have the 
Bureau of Indian Affairs offer supplemental surety bond 
guarantees in an effort to increase economic opportunity in 
Indian county, particularly in the construction trades. In an 
effort to begin to respond to this interest, the conferees 
request that the Bureau present a plan within 90 days of 
enactment of this Act detailing the need for such supplemental 
surety bond guarantees, how the Bureau would implement such a 
program, whether or not the Bureau currently has the personnel 
to implement such authorities, and an analysis of how much 
additional activity would be generated through the offering of 
supplemental surety bond guarantees.

                          DEPARTMENTAL OFFICES

                        Office of the Secretary

                        DEPARTMENTAL OPERATIONS

      The bill provides $262,317,000 for Departmental Offices, 
Office of the Secretary, Departmental Operations.
      The bill includes the proposed restructuring of 
Departmental Offices, reflecting the incorporation of the 
Office of Natural Resources Revenue (ONRR) and alignment of the 
budget with the Department's organization. The increase over 
the fiscal year 2011 enacted level reflects the move of the 
ONRR from the former Minerals Management Service. The conferees 
direct the Department to continue providing the Committees with 
the level of budget detail that has historically been provided 
(at the office level). Further, the Department is directed to 
provide to the Committees within 120 days of enactment of this 
Act a report on the organization, funding, staffing, and status 
of reforms with the ONRR.
      The conferees direct the Department to work 
collaboratively with interested parties, including the 
Congress, States, local communities, Tribal governments and 
others in making national monument designations.

                            INSULAR AFFAIRS

                       ASSISTANCE TO TERRITORIES

      The bill provides $87,997,000 for Assistance to 
Territories. Within that amount, the bill provides the 
requested increase for staffing, which shall be used by the 
Department to fill positions at current Office of Insular 
Affairs locations rather than at a new location as proposed in 
the request. At least one of the positions shall be dedicated 
to working on Compact impact issues as detailed below. Within 
the resources provided, the conferees urge the Secretary to 
fill the current staffing vacancy in the Federated States of 
Micronesia.
      The bill includes $3,000,000 for insular community 
infrastructure improvements including $791,000 for water 
infrastructure projects and $2,209,000 for the Empowering 
Insular Communities initiative. That amount includes the 
proposed funding levels for Guam infrastructure and $1,089,000 
for sustainable energy strategies projects that will reduce the 
islands' over-dependence on imported oil and high electricity 
prices. Projects shall be chosen based on plans specific to 
each jurisdiction and which are developed and approved in 
conjunction with the Department of Energy and island 
stakeholders, with priority given to energy efficiency projects 
that result in immediate energy savings. The Department is 
directed to report annually to Congress on the status of 
activities funded under this program, including data on oil 
savings and utility rates.
      The bill also provides $5,000,000 to fund discretionary 
grants to jurisdictions that are affected by Compact migration, 
as authorized by section 104(e) of Public Law 108-188. The 
Department shall allocate these grants in conjunction with 
other currently authorized mandatory grants to help offset 
educational costs incurred by these jurisdictions. The 
Department is directed to follow the guidance detailed in 
Senate Report 112-74 related to the Compact of Free Association 
agreements with the governments of the Federated States of 
Micronesia [FSM], the Republic of the Marshall Islands [RMI], 
and the Republic of Palau. The Department shall also meet 
regularly with officials from the Freely Associated States, 
other Federal agencies and affected jurisdictions, and develop 
and implement a comprehensive plan to mitigate the costs of 
Compact migration within 90 days of enactment of this Act. This 
plan shall establish specific goals and action items that 
include: (1) expanding the education of migrants and potential 
migrants in order to reinforce that the primary purpose of the 
Compact migration benefit is to provide educational and 
employment opportunities to FAS citizens, not for migrants to 
develop an over-reliance on public services; (2) improving FAS 
capacity to provide dialysis and other medical services to 
prevent citizens from needing to seek treatment abroad; and (3) 
improving screening procedures to identify and restrict 
migration of individuals who have communicable diseases or who 
have been convicted of serious crimes. The Department is 
directed to monitor the progress of meeting these goals and 
action items and report to Congress every 6 months. The 
Department is also directed to ensure that the new position 
dedicated to Compact impact issues will work closely with 
officials of Compact nations, other Federal areas and affected 
areas to implement Compact impact priorities identified in the 
plan detailed above.
      The conferees urge the Department to continue funding for 
the Commonwealth of the Northern Marianas Islands Initiative on 
Labor, Immigration and Law Enforcement at no less than the 
enacted level.

                      COMPACT OF FREE ASSOCIATION

      The bill provides $17,318,000 which includes $3,318,000 
for obligations related to the Compact of Free Association. The 
conferees have also included language in the Title I general 
provisions section to extend the eligibility for the Republic 
of Palau to receive Federal aid while a new Compact of Free 
Association is enacted by Congress. The amount provided is 
equal to the fiscal year 2011 appropriation.

                       ADMINISTRATIVE PROVISIONS

                     (INCLUDING TRANSFER OF FUNDS)

      The bill does not include the requested language that 
would provide the Secretary with new authority to redistribute 
capital improvement funds in fiscal year 2012. The conferees 
are similarly focused on the slow spending rates in the 
territories and urge all territories to increase expenditure of 
previously awarded funds. The conferees intend to revisit the 
issue in fiscal year 2013 if expenditure rates have not 
substantially increased.

                        OFFICE OF THE SOLICITOR

                         SALARIES AND EXPENSES

      The bill provides $66,296,000 for the Office of the 
Solicitor, including the requested increase for the 
Department's ethics office.

                      OFFICE OF INSPECTOR GENERAL

                         SALARIES AND EXPENSES

      The bill provides $49,471,000 for the Office of Inspector 
General. The detailed allocation of funding by program and 
activity is included in the table at the end of the statement.

           OFFICE OF THE SPECIAL TRUSTEE FOR AMERICAN INDIANS

                         Federal Trust Programs

                     (INCLUDING TRANSFER OF FUNDS)

      The bill provides $152,319,000 for the Office of the 
Special Trustee for American Indians, as requested.
      Bill Language.--The bill includes language, as in 
previous years, limiting the amount of funding that can be used 
for historical accounting.

                        DEPARTMENT-WIDE PROGRAMS

                        Wildland Fire Management

             (INCLUDING TRANSFERS AND RESCISSION OF FUNDS)

      The bill provides $566,495,000 for Department of the 
Interior Wildland Fire Management. The Department is directed 
to use $189,577,000 in carryover emergency fire suppression 
funds before obligating fiscal year 2012 suppression funds. The 
bill includes a rescission of $82,000,000 in suppression carry-
over funds. The amount provided, combined with $92,000,000 in 
the FLAME Wildfire Suppression Reserve Fund, fully funds the 
Department's 10-year average expenditure for fire suppression. 
The bill also terminates the Rural Fire Assistance program. The 
detailed allocation of funding for these accounts is included 
in the table at the end of this statement. The conferees also 
provide the following directions:
      The Department is directed to complete an assessment of 
all Department Wildland Fire programs to determine the most 
cost effective and efficient means of providing comprehensive 
fire management services in support of Department and bureau 
missions and to better direct scarce resources from duplicative 
administrative management organizations. As provided in the 
House Report, the Department is directed to report to the 
Committees on Appropriations no later than 180 days after 
enactment of this Act.
      The Department is directed to remove the requirement that 
ninety percent of hazardous fuels funding be spent in the 
Wildland Urban Interface and instead the conferees direct 
hazardous fuels funding be spent on the highest priority 
projects in the highest priority areas. The Department must 
also work more closely with the Forest Service in developing a 
strategy for the replacement of the current air tanker fleet.
      To reduce the cost of fighting fires in Alaska caused by 
transporting crews from the continental United States, the 
Office of Wildland Fire Coordination and the Bureau of Land 
Management are strongly encouraged to develop a program to 
train crews in Alaska, particularly the existing native crews 
that might not now be qualified as type I or type II wildland 
firefighting crews.

                FLAME WILDFIRE SUPPRESSION RESERVE FUND

                     (INCLUDING TRANSFER OF FUNDS)

      The bill provides $92,000,000 for the FLAME Wildfire 
Suppression Reserve Fund.

                    CENTRAL HAZARDOUS MATERIALS FUND

      The bill provides $10,149,000 for the Central Hazardous 
Materials Fund.

           NATURAL RESOURCE DAMAGE ASSESSMENT AND RESTORATION

                NATURAL RESOURCE DAMAGE ASSESSMENT FUND

      The bill provides $6,263,000 for the Natural Resource 
Damage Assessment Fund. The detailed allocation of funding by 
activity is included in the table at the end of this statement. 
The conferees are aware that the program is conducting an 
internal review of the status of restoration funds and options 
for enhanced implementation of restoration projects. The 
conferees direct the program to report back to the Committees 
upon completion of this review.

                          WORKING CAPITAL FUND

      The bill provides $62,019,000 for the Department of the 
Interior, Working Capital Fund. The conferees have included 
$52,019,000 for the Financial and Business Management System 
(FBMS). The bill also provides $5,000,000 as requested to 
support the Department's ongoing IT transformation. Further, 
the bill provides $2,500,000 for the Department's effort to 
identify operating efficiencies and achieve savings across 
bureaus through consolidation of services, facilities, and 
infrastructure. Lastly, the bill provides $2,500,000 for 
training, recruitment, retention, and hiring of the acquisition 
workforce.

             GENERAL PROVISIONS, DEPARTMENT OF THE INTERIOR

                     (INCLUDING TRANSFERS OF FUNDS)

      The conferees have included various legislative 
provisions affecting the Department in Title I of the bill, 
``General Provisions, Department of the Interior''. Several of 
these provisions have been carried in previous years and others 
are newly proposed this year. The provisions are:
      Section 101 provides Secretarial authority for the intra-
bureau transfer of program funds for expenditures in cases of 
emergencies when all other emergency funds are exhausted.
      Section 102 provides for the Department-wide expenditure 
or transfer of funds by the Secretary in the event of actual or 
potential emergencies including forest fires, range fires, 
earthquakes, floods, volcanic eruptions, storms, oil spills, 
grasshopper and Mormon cricket outbreaks, and surface mine 
reclamation emergencies.
      Section 103 provides for the use of appropriated funds by 
the Secretary for contracts, rental cars and aircraft, 
telephone expenses, and other certain services.
      Section 104 provides for the transfer of funds from the 
Bureau of Indian Affairs or the Office of Special Trustee for 
American Indians.
      Section 105 permits the redistribution of tribal priority 
allocation and tribal base funds to alleviate funding 
inequities.
      Section 106 permits the Secretary to pay private attorney 
fees for employees and former employees in connection with 
Cobell v. Salazar.
      Section 107 provides authority to the National Park 
Service to implement modifications to restoration efforts of 
the Everglades ecosystem.
      Section 108 authorizes the acquisition of lands for the 
purpose of operating and maintaining facilities that support 
visitors to Ellis, Governors, and Liberty Islands.
      Section 109 establishes Outer Continental Shelf 
inspection fees to be collected by the Secretary of the 
Interior.
      Section 110 authorizes the Bureau of Land Management to 
establish an oil and gas Internet leasing program.
      Section 111 extends the authority of the Department to 
hire Indian probate judges.
      Section 112 authorizes the Secretary of the Interior to 
implement the reorganization of the Bureau of Ocean Energy 
Management, Regulation and Enforcement in conformance with 
Committee reprogramming guidelines.
      Section 113 allows the Bureau of Indian Education to 
utilize funds recovered from grants or ISDA contracts to Tribes 
upon re-assumption of school operations by the Bureau.
      Section 114 provides the Secretary of the Interior with 
authority to enter into multi-year cooperative agreements with 
non-profit organizations for long-term care of wild horses and 
burros.
      Section 115 provides the Secretary of the Interior 
statutory authority to enter into rental or lease agreements 
that benefit Bureau of Indian Education operated schools.
      Section 116 extends for one year existing authority of 
the Department of the Interior to efficiently manage 
construction and land acquisition projects.
      Section 117 addresses the U.S. Fish and Wildlife 
Service's responsibilities for mass marking of salmonid stocks.
      Section 118 directs the Secretary of the Interior to make 
certain certifications with respect to existing rights of way. 
The section also retains a provision limiting funding for a 
proposal to approve specified rights-of-way on the Mojave 
National Preserve or lands managed by the Needles Field Office 
of the Bureau of Land Management.
      Section 119 address a matter of jurisdiction between the 
National Park Service and the Coast Guard relating to boater 
safety checks on the Yukon River within the Yukon-Charley 
National Preserve.
      Section 120 extends authorization for certain payments to 
the Republic of Palau for fiscal year 2012.
      Section 121 provides the Secretary of the Interior 
certain hiring authorities.
      Section 122 addresses BLM actions regarding grazing on 
public lands.
      Section 123 provides for the trailing of livestock across 
public lands through fiscal year 2013.
      Section 124 allows the Department of the Interior to 
lease certain lands within Fort Pulaski National Monument.
      Section 125 continues a provision prohibiting funds to 
implement, administer, or enforce Secretarial Order 3310 issued 
by the Secretary of the Interior on December 22, 2010.

                                TITLE II

                    ENVIRONMENTAL PROTECTION AGENCY

      Budget Restructuring.--The conferees note that the Agency 
has proposed major changes to its budget structure in order to 
better align program goals and outcomes. The conferees have 
accepted the proposed budget restructuring, as reflected in the 
program levels below.
      Congressional Budget Justification.--In addition to the 
three directives provided in the fiscal year 2010 House report 
111-80, the conferees direct the Agency to include in future 
Justifications: a comprehensive, detailed explanation of all 
changes within a program project; a table showing 
consolidations, realignments or other transfers of resources 
and personnel from one program project to another such that the 
outgoing and receiving program projects offset and clearly 
illustrate a transfer of resources; and, a table listing the 
budgets and FTE by major office within each National Program 
Management area with pay/non-pay breakouts. The conferees note 
that the Congressional Justification includes the bill language 
for each account. The conferees direct the Agency to highlight 
and explain any changes to the proposed bill language in the 
Congressional Justification.
      Reprogramming.--The Agency is held to the reprogramming 
limitation of $1,000,000 and should continue to follow the 
reprogramming directives as provided in the fiscal year 2010 
House report 111-80. Further, the Agency may not use any amount 
of deobligated funds to initiate a new program, office, or 
initiative, without the prior approval of the Committees. The 
conferees note that the Agency's reprogramming procedures allow 
the Agency to seek funding to implement its highest-priority 
items if it identifies offsetting funding reductions during the 
fiscal year, provided those offsets are not taken from program 
increases that have specifically been provided herein.
      Within 30 days of enactment of this Act, the Agency is 
directed to submit to the House and Senate Committees on 
Appropriations its annual operating plan for FY 2012, which 
shall include detail on how the Agency plans to allocate funds 
at the program project level.

                         SCIENCE AND TECHNOLOGY

      The bill provides $795,000,000 for Science and Technology 
programs and transfers $23,016,000 from the Hazardous Substance 
Superfund account to this account. The bill provides the 
following specific funding levels and direction:
      Clean Air and Climate.--The bill provides $124,576,000 
which includes a $1,000,000 increase for the fuel standards 
program.
      Operations and Administration.--The bill provides 
$72,137,000 for Operations and Administration.
      Research: Air, Climate, and Energy.--The bill provides 
$99,000,000. Within the amount provided, the bill includes 
$78,649,000 for Research: Clear Air, $18,305,000 for Research: 
Global Change and, $2,047,000 for Research: Air, Climate, and 
Energy (Other). The bill does not provide the requested 
$3,000,000 increase for air toxics monitors.
      Research: Chemical Safety and Sustainability.--The bill 
provides $131,498,000 for Research: Chemical Safety and 
Sustainability. No new funds have been provided for the 
requested green chemistry or e-waste initiatives.
      Research: National Priorities.--The bill provides 
$5,000,000 which shall be used for extramural research grants 
to fund high-priority water quality and availability research 
by not-for-profit organizations who often partner with the 
Agency. Funds shall be awarded competitively with priority 
given to partners proposing research of national scope and who 
provide a 10 percent match, which may include in-kind 
contributions. The Agency is directed to allocate funds to 
grantees within 180 days of enactment of this Act.
      Research: Safe and Sustainable Water Resources.--The bill 
provides $113,654,000. Within the amount provided, the 
hydraulic fracturing study is funded at the requested amount, 
and $8,500,000 is provided for green infrastructure research.
      Research: Sustainable and Healthy Communities.--The bill 
provides $171,026,000, as requested. The conferees note that 
$2,000,000 has been provided within this amount as requested to 
fund a long-term evaluation of the Agency's laboratory network 
to ensure that the current organization matches the Agency's 
strategic needs. The conferees continue to support the Agency's 
space strategy efforts, including those options that could lead 
to further efficiencies and potential reductions to the 
Agency's real property footprint. The conferees encourage the 
Office of Research and Development (ORD) to institute 
efficiency improvements that will result in long term savings 
using the amounts provided.
      Additional Guidance.--The conferees include the following 
additional guidance with respect to funding provided under this 
account:
      Biocrude Research.--The conferees encourage the Agency to 
work with its university partners to research the potential for 
producing biocrude from wastewater treatment plants that allow 
the production of renewable fuels through traditional petroleum 
refining techniques.
      Integrated Risk Information System (IRIS).--In lieu of 
the directives contained in H. Rept. 112-151 regarding the 
Integrated Risk Information System, the conferees agree to the 
following:
      (1) Fundamental improvements to the policies and 
practices of this program are necessary to ensure that IRIS 
assessments reflect the highest standard of scientific inquiry.
      (2) The Agency shall incorporate, as appropriate, based 
on chemical-specific datasets and biological effects, the 
recommendations of Chapter 7 of the National Research Council's 
Review of the Environmental Protection Agency's Draft IRIS 
Assessment of Formaldehyde into the IRIS process.
      (3) The Agency shall issue a progress report to House and 
Senate Committees on Appropriations and relevant Congressional 
authorizing committees no later than March 1, 2012, describing 
its implementation of the National Research Council's Chapter 7 
recommendations for ongoing and new assessments.
      (4) For draft assessments released in fiscal year 2012, 
the Agency shall include documentation describing how the 
Chapter 7 recommendations of the National Academy of Sciences 
(NAS) have been implemented or addressed, including an 
explanation for why certain recommendations were not 
incorporated.
      (5) The Agency shall contract with NAS to conduct up to 
three reviews of IRIS assessments that EPA seeks to make final. 
Reviews shall include an evaluation of whether the 
recommendations it made in previous reviews, including in 
Chapter 7 of the National Research Council's Review of the 
Environmental Protection Agency's Draft IRIS Assessment of 
Formaldehyde, have been implemented. Reviews are not intended 
to unduly delay the Agency's risk assessment process. The 
conferees further direct NAS to complete any reviews authorized 
by this paragraph by no later than 18 months after the date 
that EPA and the NAS have agreed to the terms of the review. 
One of these NAS reviews shall be a study of the cancer and 
non-cancer hazards from oral exposure to inorganic arsenic. The 
NAS review of inorganic arsenic shall incorporate the direction 
provided in House Report 112-151 regarding parameters of the 
study. Additional reviews will be chosen by NAS from a 
representational sample of IRIS assessments and NAS will notify 
Congress directly of these choices.
      (6) Further, the conferees strongly believe any current 
and future IRIS assessments must not only be grounded in sound, 
objective, and peer-reviewed science and methodologies but 
should also provide risk managers with realistic values that 
will result in enhanced protection of human health.

                 ENVIRONMENTAL PROGRAMS AND MANAGEMENT

      The bill provides $2,682,514,000 for Environmental 
Programs and Management and includes following specific funding 
levels and direction:
      Brownfields.--The bill provides $23,680,000 and funds the 
Smart Growth program as requested.
      Clean Air and Climate.--The bill provides $286,568,000. 
Within this amount the bill provides $99,642,000 for the 
Climate Protection Program.
      The conferees believe EPA may not rely on broad user fee 
authority as the basis for charging Energy Star fees and 
therefore lacks such authority. If EPA wishes to collect user 
fees to offset the costs of the program, such fees should be 
tied to increased performance or service-related goals, and the 
Administration should send a legislative proposal to the 
committees of jurisdiction for consideration in the same manner 
as they have requested for the electronic manifest system and 
pesticide user fees.
      The conferees note that the SmartWay transportation 
program has successfully established a partnership among 
government, businesses, and consumers to reduce fuel 
consumption and improve air quality and supports a robust 
funding level.
      The bill provides $27,343,000 for Federal Stationary 
Source Regulations. From within this amount, EPA is directed to 
spend $5,412,000 on New Source Performance Standards. The 
conferees note that the Administration delayed the issuance of 
new Ozone NAAQS as urged by House Report 112-151.
      The bill provides $123,666,000 for Federal Support for 
Air Quality Management. EPA is directed to spend $3,408,000 of 
this amount on greenhouse gas permitting of stationary sources. 
No new funds have been provided for requested compliance 
monitoring activities.
      Lastly, the bill provides $5,578,000 for Stratospheric 
Ozone. The conferees direct that $1,000,000 shall be for the 
Sunwise program. Other than provided herein, the agreement does 
not include further directives regarding allocation of funds 
for Clean Air and Climate programs, but instead directs the 
Agency to submit an allocation of funds at the program project 
level as part of the operating plan.
      Enforcement.--The bill provides $249,965,000 for 
enforcement activities, with funding for environmental justice 
maintained at the fiscal year 2011 enacted level. The agreement 
does not include further directives regarding allocation of 
funds but instead directs the Agency to submit an allocation of 
funds at the program project level as part of the operating 
plan.
      Environmental Protection: National Priorities.--The bill 
provides $15,000,000 for a competitive grant program to provide 
rural and urban communities with technical assistance to 
improve water quality and provide safe drinking water. EPA 
shall award grants on a competitive basis and give priority to 
not-for-profit organizations that: conduct activities that are 
national in scope; can provide a 10 percent match, including 
in-kind contributions; and are supported by a majority of small 
community water systems, currently provide multi-state regional 
technical assistance, or currently provide assistance to 
private well owners. The Agency is directed to allocate funds 
to grantees within 180 days of enactment of this Act.
      Geographic Programs.--The bill provides $410,375,000, as 
distributed in the table at the end of this division. No funds 
have been provided for the proposed Mississippi River program 
or to continue the Community Action for a Renewed Environment 
program. The bill includes the following direction:
      Great Lakes Restoration Initiative.--The bill provides 
$300,000,000 and EPA shall follow the direction provided in 
House Report 112-151 for fiscal year 2012. EPA may distribute 
the funds provided among the five focus areas but shall not 
spend less than the fiscal year 2011 enacted level for Toxic 
Substances and Areas of Concern and for the Invasive Species 
focus areas. The conferees direct the agency to provide a 
revised spending plan for the Great Lakes program that includes 
funding levels for the five focus areas at the same time the 
Agency submits its operating plan. Once submitted, changes to 
the funding amounts for the focus areas are subject to a 
reprogramming threshold of $5,000,000, and the Agency is 
further directed to report quarterly to the Committees on 
Appropriations on changes below the threshold.
      Chesapeake Bay.--The conference agreement includes 
$57,391,000 for the Chesapeake Bay program. Within the amount 
provided, $8,000,000 is for nutrient and sediment removal 
grants and $2,000,000 is for small watershed grants. The 
conferees do not provide additional directives regarding the 
allocation of funds for this program but instead direct the 
Agency to report a proposed allocation of the remaining funds 
as part of its operating plan. EPA is further directed to 
support the local government study through the small watershed 
grant program as discussed in House Report 112-151.
      Puget Sound.--The bill provides $30,000,000 to manage and 
implement Washington State's Puget Sound Action agenda, an 
approved Comprehensive Conservation and Management Plan (CCMP) 
under Section 320 of the Clean Water Act. The conferees direct 
that funding to restore Puget Sound be allocated consistent 
with the near-term priorities established in the CCMP and the 
existing Lead Organization and Tribal capacity agreements 
funded in prior years. EPA is directed to expeditiously 
obligate funds, in a manner consistent with the authority and 
responsibilities under Section 320 and the National Estuary 
Program. Not more than 4 percent shall be used for EPA 
intramural costs to manage the cooperative and interagency 
agreements to restore and protect Puget Sound.
      Information Exchange.--The bill provides $130,896,000 for 
the Information Exchange program. From within this amount, 
$3,285,000 has been provided for the Administrator's Immediate 
Office. Funding for Children and Other Sensitive Populations 
and for Environmental Education programs shall be maintained at 
the enacted level. The agreement does not include further 
directives regarding allocation of funds or FTE but instead 
directs the Agency to submit an allocation of funds at the 
program project level as part of the operating plan.
      International Programs.--The bill provides $17,632,000 
for international programs. The agreement does not include 
further directives regarding allocation of funds but instead 
directs the Agency to submit an allocation of funds at the 
program project level as part of the operating plan.
      Legal/Science/Regulatory/Economic Review.--The bill 
provides $110,946,000 and maintains the enacted level for the 
SmartGrowth program. The bill provides no more than $15,286,000 
for Regulatory/Economic Management and Analysis. The agreement 
does not include further directives regarding allocation of 
funds but instead directs the Agency to submit an allocation of 
funds at the program project level as part of the operating 
plan.
      Operations and Administration.--The bill provides 
$487,880,000, including requested funding for rent, security 
and utilities. The agreement does not include further 
directives regarding allocation of funds but instead directs 
the Agency to submit an allocation of funds at the program 
project level as part of the operating plan.
      Resource Conservation and Recovery Act.--The bill 
provides $112,643,000 for the RCRA program. The bill does not 
provide the $2,000,000 request to develop the e-manifest system 
despite the conferees' strong support for the establishment of 
this system because EPA lacks the legal authority to collect 
user fees to offset system costs as expressed in the House 
report.
      Water: Ecosystems.--The bill provides $48,257,000 for 
Water: Ecosystems. Within this amount the bill provides the 
requested amount for the National Estuary Program and Section 
320 grants. The bill provides $21,199,000 for the Wetlands 
program and eliminates previously reprogrammed funds for work 
on the Enhanced Coordination Procedures with the Army Corps of 
Engineers, and the Office of Surface Mining. The conferees have 
not included bill language addressing the enhanced coordination 
procedures given the U.S. District Court's recent ruling that 
set aside the procedures.
      Water: Human Health Protection.--The bill provides 
$101,256,000 and directs the reduction below the fiscal year 
2011 enacted level to the drinking water regulatory program. 
The agreement does not include further directives regarding 
allocation of funds but instead directs the Agency to submit an 
allocation of funds at the program project level as part of the 
operating plan.
      Water Quality Protection.--The bill provides 
$217,101,000, of which up to $4,738,000 is for the urban waters 
program. The agreement does not include further directives 
regarding allocation of funds but instead directs the Agency to 
submit an allocation of funds at the program project level as 
part of the operating plan.
      Additional Guidance.--The conferees include the following 
additional guidance with respect to funding provided under this 
account:
      Administrator Priorities.--Funding for Administrator 
priorities shall not exceed the fiscal year 2011 enacted level. 
The conferees direct the Agency to submit a report within 90 
days of enactment that identifies how the fiscal year 2010 and 
2011 funding was used, by account, program area and program 
project and include a description of the activities and any 
anticipated results. Future congressional justifications should 
identify funding in each program project that has been set 
aside for Administrator priorities, and include a justification 
for the effort and any anticipated results.
      Arsenic Reporting.--Not later than 180 days after the 
date of enactment of this Act, the Agency is directed to: (1) 
Promptly submit to Congress an overdue report--requested as 
part of the Consolidated Appropriations Act, 2005 (P.L. 108-
447)--on the extent to which communities are being affected by 
the arsenic rule, and proposing compliance alternatives and 
making recommendations to minimize costs; (2) convene a working 
group composed of representatives from States, small publicly 
owned water systems, local public health officials, drinking 
water consumers and treatment manufacturers to provide input 
and recommendations on barriers to the use of point-of-use and 
point-of-entry treatment units, package plants, (including 
water bottled by the public water system), and modular units, 
as well as alternative affordability criteria that give extra 
weight to small, rural, and lower income communities, and (3) 
based upon input from the working group submit to the 
Committees a report on actions to make alternative compliance 
methods (such as point of use, point of entry and package 
plants) more accessible to water systems and a report on 
alternative affordability criteria.
      Boiler MACT.--The conferees are encouraged by the outcome 
of EPA's reconsideration of the Boiler MACT rule and offer no 
directives regarding Boiler MACT standards. The proposed rule 
addresses substantive concerns by including additional 
flexibility with respect to compliance costs, and a biomass 
exemption.
      Eastern Long Island Sound Supplemental Environmental 
Impact Study.--The conferees are concerned by the lack of 
progress at the Agency in completing a Supplemental 
Environmental Impact Statement for eastern Long Island Sound, 
which has been slated since 2002 and is necessary to ensure 
that significant military installations do not lose access to 
dredged disposal sites. The conferees direct the Agency to 
submit a report no later than 90 days after enactment of this 
Act outlining its plan to carry out the Supplemental 
Environmental Impact Statement for the eastern Long Island 
Sound, including the possible use of existing appropriated 
funds to begin the study. The conferees also urge the Agency to 
work collaboratively with appropriate stakeholders, including 
the Army Corps of Engineers and State partners, to 
expeditiously determine a dredging solution for eastern Long 
Island Sound.
      Economic Analysis of Reciprocating Engine Rule.--The 
conferees are aware that EPA has initiated a reconsideration 
process which the conferees expect will address the concerns 
expressed in House Report 112-151. Amendments to the 
reciprocating engine rule are expected in early 2012. The 
conferees fully expect that EPA will include an analysis of the 
economic impacts of the rule on small government jurisdictions 
per the direction in the House report. Therefore the bill does 
not provide a directive to initiate a separate analysis of the 
economic impacts of the rule on small government jurisdictions 
within 60 days of enactment of this Act.
      Personnel and Full Time Equivalents.--While the statement 
does not cap FTE levels for EPA, the conferees do not expect 
EPA's actual utilization levels will exceed the 2010 
utilization levels given that EPA's 2012 budget has been 
reduced. The conferees remain concerned about the growing 
disparity between regional and headquarters personnel as well 
as how EPA develops its personnel requests in its annual budget 
proposal.
      Recycling Programs.--The conferees direct that the Agency 
submit the report requested in House Report 112-151 within 90 
days of enactment of this Act.
      Refrigerant Gas Containers.--Within 90 days of enactment 
of this Act, the conferees direct the agency to initiate a 
study on the environmental impacts of using disposable 
containers to transport and store refrigerant gasses, compared 
to refillable containers, and to submit the study to the House 
and Senate Committees on Appropriations upon completion.
      Regional Haze.--States have raised legitimate concerns 
about the costs and compliance deadlines within EPA federal 
implementation plans to address regional haze issues. The Clean 
Air Act offers substantial flexibility with regard to how 
States may choose to mitigate regional haze impacts. The 
conferees are aware that EPA released a court-ordered schedule 
for finalizing Regional haze rules in November 2011. Therefore, 
the agreement does not include the specific directives 
contained in House Report 112-151 but instead directs EPA to 
work with the States as partners in order to resolve compliance 
and cost differences while adhering to the schedule.
      Southern New England Estuaries.--The conferees recommend 
that the Agency convene and lead a comprehensive regional 
policy coordination and outreach effort to protect, enhance, 
and restore the coastal watersheds of southern New England. No 
entity or consortium exists to meet these challenges, and there 
is an urgent and immediate need for such an effort. For 
example, in Rhode Island's Narragansett Bay, there are 
documented extensive areas of pollution severely degrading fish 
and wildlife habitat and water quality; problems that are 
compounded by the effects of warmer water temperatures and 
milder winters. The conferees recommend that EPA establish 
goals for the regional effort, emphasizing water quality and 
habitat restoration as well as the development and 
implementation of innovative technologies to meet these 
challenges and create jobs. The effort should provide for 
streamlined interagency communication, and involve an inclusive 
stakeholder process. Specifically, EPA should collaborate with 
State agencies as well as other Federal partners such as the 
National Oceanic and Atmospheric Administration, the U.S. Fish 
and Wildlife Service, U.S. Geological Survey, Natural Resources 
Conservation Service, and the Small Business Administration. 
The Agency should also include stakeholders from local 
governments and agencies, non-governmental organizations, and 
academic institutions. The conferees also recommend that the 
Agency, through this regional effort, facilitate the 
development of strategies to restore and protect the southern 
New England Estuaries.

                      OFFICE OF INSPECTOR GENERAL

      The bill provides $42,000,000 for the Office of Inspector 
General. The conferees appreciate the value of a robust 
Inspector General and expect the same level of effort as in 
fiscal year 2011 within the funding provided. The funding level 
reflects the high unobligated balances that remain in this 
account and the Inspector General should utilize previously 
appropriated funds first in fiscal year 2012.

                        BUILDINGS AND FACILITIES

      The bill provides $36,428,000 for Buildings and 
Facilities, equal to the fiscal year 2011 enacted level.

                     HAZARDOUS SUBSTANCE SUPERFUND

                     (INCLUDING TRANSFERS OF FUNDS)

      The bill provides $1,215,753,000 for the Hazardous 
Substance Superfund account, and includes bill language to 
transfer $9,955,000 to the Inspector General account and 
$23,016,000 to the Science and Technology account. Due to 
budget constraints, the conferees have reluctantly proposed 
general program reductions to the Superfund emergency response 
and removal and remedial programs, as detailed below. The bill 
provides the following additional direction:
      Enforcement.--The bill provides $187,033,000 for 
Superfund Enforcement.
      Operations and Administration.--The bill provides 
$135,969,000 for Superfund Operations and Administration. The 
agreement does not include further directives regarding 
allocation of funds but instead directs the Agency to submit an 
allocation of funds at the program project level as part of the 
operating plan.
      Superfund Cleanup.--The bill provides $789,180,000 for 
Superfund Cleanup, of which $189,895,000 is for Superfund: 
Emergency Response and Removal and $565,922,000 is for 
Superfund: Remedial. The conferees expect that future budget 
requests will propose a higher percentage of cleanup funding as 
part of the total request in addition to proposing funding 
sufficient to meet program goals, such as increasing the number 
of annual ``construction completes'' and more importantly 
``sites made ready for reuse''. The conferees direct the 
Inspector General to report to the Committees on Appropriations 
within 90 days of enactment of this Act on current agency 
efforts to strengthen Superfund contracting controls to prevent 
future waste, fraud and abuse.
      Financial Assurance.--In lieu of the directives contained 
in H. Rept. 112-151 regarding financial assurance requirements, 
the conferees direct the Administrator to collect and analyze 
information from the commercial insurance and financial 
industries regarding the use and availability of necessary 
instruments (including surety bonds, letters of credit, and 
insurance) for meeting any new financial responsibility 
requirements and to make that analysis available to the House 
and Senate Committees on Appropriations and to the general 
public on the Agency website 90 days prior to proposing any 
rule pursuant to section 108(b) of the Comprehensive 
Environmental Response, Compensation, and Liability Act of 1980 
(42 U.S.C. 9608(b)).
      Special Accounts.--The conferees direct EPA to follow the 
language in House Report 112-151 with respect to managing the 
unobligated balances in the Superfund special accounts.

          LEAKING UNDERGROUND STORAGE TANK TRUST FUND PROGRAM

      The bill provides $104,309,000 for the Leaking 
Underground Storage Tank Trust Fund Program.

                       INLAND OIL SPILL PROGRAMS

      The bill provides $18,274,000 for Inland Oil Spill 
Programs.

                   STATE AND TRIBAL ASSISTANCE GRANTS

      The bill provides $3,618,727,000 for the State and Tribal 
Assistance Grants (STAG) program and includes the following 
specific funding levels and direction:
      Infrastructure Assistance.--The bill provides 
$2,528,169,000 for infrastructure assistance, including 
$1,468,806,000 for the Clean Water State Revolving Fund and 
$919,363,000 for the Drinking Water State Revolving Fund. The 
amount provided for the Clean Water State Revolving Fund 
program will fund approximately 473 new wastewater projects 
nationwide and more than 81,000 jobs when combined with state 
matching funds and leverage capabilities, according to Agency 
estimates. Amounts provided for the Drinking Water State 
Revolving Funds program will fund approximately 353 new 
drinking water projects nationwide and more than 50,000 jobs 
when combined with state matching and leveraged funds.
      The conferees do not direct EPA to submit a report on 
water rates requested in the House report. However, the 
conferees direct the Agency to report on how EPA and the States 
have used the additional subsidization authority including 
information on the number and amounts of loans awarded with 
additional subsidization, recipient communities, and 
descriptions of projects funded.
      Alaska Native Villages.--The bill provides $10,000,000 as 
requested.
      Brownfields.--The bill provides $95,000,000 for the 
Brownfields program.
      Diesel Emissions Reduction Act (DERA) Grants.--The bill 
provides $30,000,000 as the conferees do not agree with the 
proposal to terminate the DERA grants.
      Mexico Border.--The bill provides $5,000,000 for the 
Mexico border program.
      Categorical Grants.--The bill provides $1,090,558,000 for 
Categorical Grants and funding levels are specified in the 
table at the end of this division. This amount includes 
$164,757,000 for nonpoint source grants as requested. The 
amount also includes $236,107,000 for the State and Local Air 
Quality Management grant program, and the conferees direct EPA 
to allocate funds for this program using the same formula as 
fiscal year 2011.
      Bill Language.--The bill includes modified language 
specifying amounts made available under the state revolving 
fund programs for additional subsidization, and amounts made 
available for the green infrastructure reserve in the Clean 
Water State Revolving Fund program. The bill does not provide 
the requested mandatory set-aside for green infrastructure 
projects within the Drinking Water State Revolving Fund program 
but does include language allowing States to continue to fund 
these types of projects at their discretion.

       ADMINISTRATIVE PROVISIONS, ENVIRONMENTAL PROTECTION AGENCY

              (INCLUDING TRANSFER AND RESCISSION OF FUNDS)

      The bill rescinds $50,000,000 from specific unobligated 
balances. Modified bill language has been included to provide 
specific wage rate requirements for the Clean Water and 
Drinking Water State Revolving funds.
      Oil Spill Transfer Authority.--The bill includes modified 
transfer authority language that allows the Agency to meet its 
obligations to pay contractors responding to inland oil spills. 
The conferees have included this language for fiscal year 2012 
only. The conferees strongly urge EPA, in conjunction with the 
Office of Management and Budget, to propose a more appropriate 
legislative fix if the Administration is unable to process 
routine transfers from the Oil Spill Trust Fund in a timely 
fashion. The conferees support the approach discussed in the 
House report to be a more permanent solution.

                      TITLE III--RELATED AGENCIES

                       Department of Agriculture

                             FOREST SERVICE

                     FOREST AND RANGELAND RESEARCH

      The bill provides $295,773,000 for Forest and Rangeland 
Research. The conferees also provide the following directions:
      The agreement does not specify allocations for individual 
research facilities. The conferees encourage the Forest 
Products Laboratory, as part of the Department of Agriculture's 
effort to promote and use wood products as a green building 
material, to invest in wood products life cycle assessment 
research to improve our understanding of the environmental and 
economic implications of using wood in building construction.
      The Forest Service is commended for its localized needs 
research and is directed to expand this research in support of 
project development on national forests. The Forest Service 
should prioritize research related to White Nose Syndrome as 
well as inventory and monitoring of bat resources on Forest 
Service lands. The Service is expected to continue ongoing 
urban natural resources stewardship research and should produce 
a joint report with the Department of Energy on the role that 
this work can play in helping reduce the urban heat island 
effect, as well as reduce the energy demand to cool buildings.

                       STATE AND PRIVATE FORESTRY

      The bill provides $253,331,000 for State and Private 
Forestry. The conferees also provide the following directions:
      Within six months of enactment of this Act, the Forest 
Service is directed to develop a process in consultation with 
State foresters that considers State Assessments and Strategies 
in the annual budget for Cooperative Forestry Assistance Act 
(CFAA) programs, and to develop a process allowing State 
foresters flexibility, with appropriate accountability, to 
reallocate a percentage of authorizations for CFAA programs to 
address State priorities consistent with the State Assessments 
and Strategies.
      Forest Legacy.--The bill provides $53,388,000 for the 
Forest Legacy program. This includes $6,628,000 for program 
administration, $2,500,000 for new State startups, and 
$44,260,000 for forest legacy projects. The Service should fund 
projects in priority order according to their competitively 
selected national priority list for fiscal year 2012.

                         NATIONAL FOREST SYSTEM

      The bill provides $1,556,628,000 for the National Forest 
System. The agreement includes a proof of concept pilot for 
Integrated Resource Restoration (IRR). The conferees also 
provide the following directions:
      Land Management Planning.--The bill provides $40,000,000 
for land management planning. The agreement does not approve 
the consolidation of this line item with the Inventory and 
Monitoring line item. The Planning Rule should provide for a 
cost-effective and timely process for forest plan revisions.
      Inventory and Monitoring.--The bill provides $161,980,000 
for inventory and monitoring. The Forest Service is encouraged 
to allocate more funding towards monitoring of grazing 
allotments and work with State agencies, universities, 
professional societies and other USDA agencies, such as the 
Natural Resources Conservation Service, to efficiently and 
effectively increase allotment monitoring.
      Recreation, Heritage, and Wilderness.--The bill provides 
$281,627,000 for recreation, heritage and wilderness programs. 
In place of House direction on the travel management rule, the 
Forest Service is encouraged to revise travel management plans 
where significant issues have arisen and resolve the 
Maintenance Level-3 road problem in Region 5. The agreement 
does not provide direction on the Wyoming Wilderness Act.
      Grazing Management.--The bill provides $55,445,000 for 
the grazing management program. The conferees are concerned 
that the best science should be used in making decisions 
concerning grazing on the Dakota Prairie Grasslands. Currently, 
North Dakota State University is conducting research that 
should benefit the agency in making these determinations. The 
agency is strongly encouraged to work cooperatively with the 
university and utilize its research to the extent practicable, 
to better inform its grazing management decisions.
      Forest Products.--The bill provides $336,049,000 for the 
forest products program. The Forest Service is directed to 
improve the health and resilience of national forests and 
through these efforts, work to achieve three billion board feet 
of timber sold. The conferees note that over the last ten 
years, the timber supply in Region 10 has been constrained to 
less than 10 percent of the allowable sale quantity in the 
current land management plan. The Forest Service is encouraged 
to prepare and offer, within three years, the four 10-year 
timber sales as previously indicated.
      Vegetation and Watershed Management.--The bill provides 
$184,341,000 for vegetation and watershed management 
activities. The Service is strongly encouraged to provide 
sufficient resources for leafy spurge eradication.
      Wildlife and Fish Habitat Management.--The bill provides 
$140,260,000 for wildlife and fish habitat management 
activities.
      Collaborative Forest Landscape Restoration.--The bill 
provides $40,000,000 for the Collaborative Forest Landscape 
Restoration Fund.
      Minerals and Geology Management.--The bill provides 
$83,560,000 for minerals and geology management activities.
      The Service should implement the recommendations included 
in the report, ``Assessing the Potential for Renewable Energy 
on National Forest System Lands'' and initiate a planning 
process for a renewable energy development program and, where 
appropriate, apply guidelines already developed by the Bureau 
of Land Management.
      Landownership Management.--The bill provides $85,875,000 
for landownership management activities. In the case of any 
land exchange involving National Forest System land carried out 
directly or through a third-party, the Forest Service is 
directed to provide written notice of the proposed land 
exchange to each owner of non-Federal land adjoining a parcel 
of National Forest System land proposed for exchange and each 
owner of non-Federal land adjoining the non-Federal land 
proposed to be acquired in the exchange. The Secretary shall 
determine adjoining landowners using the most recent available 
tax records.
      Integrated Resource Restoration.--The conferees have 
agreed to the House proposal to allow the Administration to 
conduct an Integrated Resource Restoration pilot in Regions 1, 
3, and 4. Within 90 days of enactment of this Act, the Forest 
Service should present a plan and guidance to the pilot regions 
for measuring performance and accountability. The plan and 
guidance should ensure program transparency, monitoring, fair 
allocation of funding, a consistent approach across the three 
regions, and that restoration is the primary goal of any 
projects funded through the pilot. The plan should also include 
traditional measures, such as timber targets and acres treated, 
while also including new measures such as watershed condition 
framework.

                  CAPITAL IMPROVEMENT AND MAINTENANCE

                     (INCLUDING TRANSFER OF FUNDS)

      The bill provides $394,721,000 for capital improvement 
and maintenance programs offset by a $12,000,000 scoring credit 
related to the road and trail fund. The conferees also provide 
the following directions:
      Facilities.--The bill provides $75,785,000 for facilities 
including $13,124,000 for construction and $62,661,000 for 
maintenance. For future year planning, the Forest Service 
should include both new construction and maintenance in its 
list of major facilities projects based on its facility master 
plans and the most efficient use of taxpayer dollars.
      Roads.--The bill provides $182,818,000 for roads 
including $27,327,000 for construction and $155,491,000 for 
maintenance.
      Trails.--The bill provides $81,982,000 for trails 
including $63,422,000 for maintenance and $18,560,000 for 
construction.
      Legacy Roads.--The bill provides $45,000,000 for the 
legacy roads and trails program. The agreement retains this 
program within Capital Improvement and Maintenance. The Forest 
Service should report on the jobs associated with this program 
and publicly post this information.
      Back-country airstrips.--In place of the reporting 
requirements in the House Report for back-country airstrips, 
within one year after the date of enactment of this Act, the 
Forest Service is directed to provide the Committees with a 
general assessment of back-country airstrips on National Forest 
System lands with recommendations for improving their function 
as an important component of the forest transportation and 
recreation system.
      Bill Language.--The bill includes language allowing the 
transfer of funding from Capital Improvement and Maintenance to 
the National Forest System for the Integrated Resource 
Restoration pilot.

                            LAND ACQUISITION

      The bill provides $52,605,000 for Land Acquisition, of 
which $7,500,000 is for acquisition management; $3,500,000 is 
for critical inholdings/cash equalization; and $41,605,000 is 
for acquisitions.
      This amount will fully fund projects 1 through 30 as 
prioritized by the Service pursuant to the Administration's 
revised request list provided to the Committees on August 26, 
2011. Requests for reprogramming will be considered pursuant to 
the guidelines in the front of this statement.
      The conferees direct the Forest Service to use inholding 
funding to acquire high priority lands within Federal 
boundaries that maximize benefits to the public through 
consolidated Federal ownership that provides access, creates 
management efficiencies, or protects critical resources.
      The Secretary of Agriculture is directed to submit a 
report to the Committees on Appropriations within 90 days of 
enactment of this Act describing current negotiations between 
the Forest Service and private landowners for projects 
receiving prior year and current appropriations within the 
Tongass National Forest, including the overall scope and timing 
of these acquisitions.

         ACQUISITION OF LANDS FOR NATIONAL FORESTS SPECIAL ACTS

      The bill provides $955,000 for the Acquisition of Lands 
for National Forests Special Acts.

            ACQUISITION OF LANDS TO COMPLETE LAND EXCHANGES

      The bill provides $227,000 for the Acquisition of Lands 
to Complete Land Exchanges.

                         RANGE BETTERMENT FUND

      The bill provides $3,262,000 for the Range Betterment 
Fund.

    GIFTS, DONATIONS AND BEQUESTS FOR FOREST AND RANGELAND RESEARCH

      The bill provides $45,000 for Gifts, Donations and 
Bequests for Forest and Rangeland Research.

        MANAGEMENT OF NATIONAL FOREST LANDS FOR SUBSISTENCE USES

      The bill provides $2,577,000 for the Management of 
National Forest Lands for Subsistence Uses.

                        WILDLAND FIRE MANAGEMENT

                     (INCLUDING TRANSFERS OF FUNDS)

      The bill provides $1,737,631,000 for Forest Service 
Wildland Fire Management. In addition to the funding provided, 
the Forest Service is directed to use $240,000,000 in carryover 
emergency fire suppression funds before obligating fiscal year 
2012 suppression funds. The amount provided, combined with 
$315,886,000 in the FLAME Wildfire Suppression Reserve Fund, 
fully funds the Forest Service's 10-year average expenditures 
for fire suppression. The conferees also provide the following 
directions:
      The Forest Service should complete a plan to replace the 
aging fleet of federal air tankers as soon as possible. While 
the Forest Service and others have produced study after study 
on the critical shortage of firefighting aircraft, there has 
been a complete lack of substantive progress this year. The 
Service must work more closely with the Department of the 
Interior in developing the strategy for replacing the current 
air tanker fleet.
      Hazardous Fuels.--The bill provides $317,584,000 for 
hazardous fuels activities. The Forest Service is directed to 
remove the requirement that seventy-five percent of hazardous 
fuels funding be spent in the Wildland Urban Interface and 
instead the conferees direct hazardous fuels funding be spent 
on the highest priority projects in the highest priority areas.

                FLAME WILDFIRE SUPPRESSION RESERVE FUND

                     (INCLUDING TRANSFERS OF FUNDS)

      The bill provides $315,886,000 for the FLAME Wildfire 
Suppression Reserve Fund.

               ADMINISTRATIVE PROVISIONS, FOREST SERVICE

                     (INCLUDING TRANSFERS OF FUNDS)

      The bill includes administrative provisions similar to 
previous years.

                DEPARTMENT OF HEALTH AND HUMAN SERVICES

                         Indian Health Service

                         INDIAN HEALTH SERVICES

      The bill provides $3,872,377,000 for Indian Health 
Services. Of the amount requested for current services, the 
conferees have included $56,019,000 above the fiscal year 2011 
enacted level, which covers the cost of staffing new 
facilities. Program increases above the fiscal year 2011 
enacted level include $12,000,000 for the Indian Health Care 
Improvement Fund; $3,400,000 for Health IT Security; 
$65,000,000 for Contract Health Services; $3,185,000 for Direct 
Operations; and $74,500,000 for Contract Support Costs. In 
agreement with the request, a reduction of $7,000,000 has been 
assumed from savings in grant programs. The conferees direct 
the Service to meet its annual Contract Support Costs reporting 
requirement due date, and to provide the Committees with 
current Contract Support Costs estimates in conjunction with 
its annual budget submission.
      The Service is directed to update the Committees at least 
annually on the progress of the Early Childhood Caries 
initiative and the ability of the Service to meet its goals in 
the allowed time frame. The conferees note that the Service has 
already complied with the request contained in the House report 
to provide a detailed schedule for implementation of the 
Electronic Dental Record system.
      Within the overall amount identified in the ``Indian 
Health Services'' account for the staffing of new facilities, 
funds are directed to the following projects, as requested in 
the President's budget request: $1,809,000 for the Carl Albert 
Hospital replacement, Ada, Oklahoma; $783,000 for the Lake 
County Tribal Health Center, Lakeport, California; $6,294,000 
for the Elbowoods Health Center, New Town, North Dakota; 
$21,185,000 for the Cheyenne River Health Center, Eagle Butte, 
South Dakota; $8,226,000 for the Absentee Shawnee Health 
Center, Little Axe, Oklahoma; $7,879,000 for the Cherokee 
Nation Vinita Health Center, Vinita, Oklahoma; and $9,843,000 
for joint venture projects. This distribution is in agreement 
with the budget estimate as it has been revised to reflect 
distributions made under the fiscal year 2011 operating plan, 
which was not available at the time the Service's request was 
submitted to Congress.
      The conferees understand that a number of joint venture 
construction projects are nearing completion and will require 
support for the staffing of these new facilities. The Service 
is urged to request sufficient funding in future budgets to 
fulfill its obligations to participating tribes in the joint 
venture program.
      Within the Indian Health Professions activity, the 
conferees have continued support for the Recruitment/Retention 
of American Indians into Nursing program; the Indians into 
Psychology program; and the Indians into Medicine program.

                        INDIAN HEALTH FACILITIES

      The bill provides $441,052,000 for Indian Health 
Facilities. Of the amount requested for current services, the 
conferees have included $7,032,000 above the fiscal year 2011 
enacted level, which covers the cost of staffing new 
facilities. Program changes to the fiscal year 2011 enacted 
level include a decrease of $15,955,000 from Sanitation 
Facilities Construction, as requested, and an increase of 
$46,028,000 for Health Care Facilities Construction.
      Within the overall amount identified in the ``Facilities 
Services'' account for the staffing of new facilities, funds 
are directed to the following projects, as requested in the 
President's budget request: $678,000 for the Carl Albert 
Hospital replacement, Ada, Oklahoma; $305,000 for the Lake 
County Tribal Health Center, Lakeport, California; $1,021,000 
for the Elbowoods Health Center, New Town, North Dakota; 
$3,487,000 for the Cheyenne River Health Center, Eagle Butte, 
South Dakota; $755,000 for the Absentee Shawnee Health Center, 
Little Axe, Oklahoma; and $786,000 for the Cherokee Nation 
Vinita Health Center, Vinita, Oklahoma.
      The amount provided for health care facilities 
construction includes, as requested in the President's budget 
request: $62,184,000 to complete the Barrow Hospital, Barrow, 
Alaska; $10,000,000 for the Kayenta Health Center, Kayenta, 
Arizona; $10,000,000 for the San Carlos Health Center, San 
Carlos, Arizona; $2,000,000 for the Southern California Youth 
Regional Treatment Center, Hemet, California; and $1,000,000 to 
complete a feasibility report on the use of modular 
construction for health facilities.
      The conferees are concerned about the large unobligated 
balances in the ``Indian Health Services'' and the ``Indian 
Health Facilities'' accounts. The conferees direct the Service 
to review the programs that have carried high unobligated 
balances in recent years and provide a detailed report to the 
Committees within 90 days of enactment of this Act on the 
causes for these unobligated balances and present a plan for 
reducing them.

                     NATIONAL INSTITUTES OF HEALTH

          NATIONAL INSTITUTE OF ENVIRONMENTAL HEALTH SCIENCES

      The bill provides $79,054,000 for the National Institute 
of Environmental Health Sciences.

            AGENCY FOR TOXIC SUBSTANCES AND DISEASE REGISTRY

            TOXIC SUBSTANCES AND ENVIRONMENTAL PUBLIC HEALTH

      The bill provides $76,337,000 for the Agency for Toxic 
Substances and Disease Registry. Within the funds provided, 
$2,000,000 has been included as requested to continue the 
important epidemiological studies of health conditions caused 
by exposures to uranium released from mining and milling 
operations in the Navajo Nation.

                         OTHER RELATED AGENCIES

                   Executive Office of the President

  COUNCIL ON ENVIRONMENTAL QUALITY AND OFFICE OF ENVIRONMENTAL QUALITY

      The bill provides $3,153,000 for the Council on 
Environmental Quality and Office of Environmental Quality.

             Chemical Safety and Hazard Investigation Board

                         SALARIES AND EXPENSES

      The bill provides $11,147,000 for the Chemical Safety and 
Hazard Investigation Board.

              Office of Navajo and Hopi Indian Relocation

                         SALARIES AND EXPENSES

      The bill provides $7,750,000 for the Office of Navajo and 
Hopi Indian Relocation, Salaries and Expenses.

    Institute of American Indian and Alaska Native Culture and Arts 
                              Development

                        PAYMENT TO THE INSTITUTE

      The bill provides $8,533,000 for the Institute of 
American Indian and Alaska Native Culture and Arts Development.

                        Smithsonian Institution

                         SALARIES AND EXPENSES

      The bill provides a total of $811,530,000 for all 
Smithsonian Institution accounts, of which $636,530,000 is 
provided for salaries and expenses. The conferees encourage 
collaborative efforts between the Smithsonian Institution and 
regional and rural museums that facilitate greater access to 
the Smithsonian's virtual collections such as that of the 
Museum of Natural History. The conferees support the joint 
venture between the Library of Congress and the Smithsonian 
Institution creating a comprehensive compilation of personal 
histories and testimonials of individuals who participated in 
the Civil Rights movement. The conferees remain committed to 
the preservation of priceless, irreplaceable Smithsonian 
Institution collections and direct the Smithsonian to take 
steps toward implementing the recommendations of a recently 
completed audit by the Smithsonian's Office of Inspector 
General (OIG) on collections stewardship at the National Museum 
of American History. The conferees also support the decision by 
the OIG to use the Institution's Strategic Plan as a standard 
by which to measure the Institution's performance in its 
proposed audits and reviews. The Smithsonian Institution is 
directed to work with the Committees to standardize its annual 
budget submission justifications and supporting materials.

                           FACILITIES CAPITAL

      The bill provides $175,000,000 for the Facilities Capital 
account of which $75,000,000 is to complete the design and 
begin the construction of the National Museum of African 
American History and Culture (NMAAHC). Bill language is 
included providing that a future procurement for construction 
of the NMAAHC may include the full scope of the project, but 
that any contract for such procurement must contain a clause 
clarifying that any payment under the contract will be subject 
to the availability of funds. The Smithsonian is directed to 
devote remaining Facilities Capital funds to the highest and 
best uses on a priority basis and clearly articulate in future 
budget submissions specific funding needs in priority order for 
all Facilities Capital program initiatives.

                        National Gallery of Art

                         SALARIES AND EXPENSES

      The bill provides $114,066,000 for the Salaries and 
Expenses account of the National Gallery of Art of which not to 
exceed $3,481,000 is for the special exhibition program.

            REPAIR, RESTORATION, AND RENOVATION OF BUILDINGS

      The bill provides $14,516,000 for the Repair, 
Restoration, and Renovation of Buildings account. Bill language 
is included providing the Gallery with the authority to enter 
into operating lease agreements of no more than 10 years, with 
no extensions or renewals, in order to address space needs 
created by ongoing renovations in the Master Facilities Plan.

             John F. Kennedy Center for the Performing Arts

                       OPERATIONS AND MAINTENANCE

      The bill provides $23,200,000 for the Operations and 
Maintenance account.

                     CAPITAL REPAIR AND RESTORATION

      The bill provides $13,650,000 for the Capital Repair and 
Restoration account.

            Woodrow Wilson International Center for Scholars

                         SALARIES AND EXPENSES

      The bill provides $11,005,000 for the Woodrow Wilson 
International Center for Scholars.

             NATIONAL FOUNDATION ON THE ARTS AND HUMANITIES

                    National Endowment for the Arts

                       GRANTS AND ADMINISTRATION

      The bill provides $146,255,000 for the National Endowment 
for the Arts (NEA). The conferees agree that initiatives begun 
in prior years, such as the Big Read and Shakespeare in 
American Communities, are programs of demonstrated worth that 
reach a broad geographic audience. The Endowment is urged to 
maintain these grants at an appropriate funding level to allow 
a vibrant, competitive program to be maintained.
      The conferees understand that the proposal included in 
the budget request to eliminate the National Heritage 
Fellowship program and the American Jazz Masters Fellowship 
program was reconsidered by the Endowment and subsequently 
withdrawn. The conferees support this decision and expect the 
Endowment to continue its annual recognition of individuals 
with outstanding achievements in these disciplines in a similar 
manner to past years. The conferees disagree with the proposal 
to exempt funds for the ``Our Town'' initiative from the 
overall calculation for providing base funding to State arts 
agencies and direct that funds be distributed based on the 
longstanding agreement that States receive 40 percent of all 
appropriated grant funds. Reforms originally instituted by the 
Committees more than a decade ago relating to program 
priorities and grant guidelines are fully restated in Sections 
418 and 419. These reforms maintain broad bipartisan support 
and the conferees expect the NEA to adhere to them fully. 
Further, the conferees encourage the Administration and the 
appropriate committees of jurisdiction in Congress to address 
the vacancies on the National Council on the Arts in a timelier 
manner than has been the case to date.

                 National Endowment for the Humanities

                       GRANTS AND ADMINISTRATION

      The bill provides $146,255,000 for the National Endowment 
for the Humanities (NEH). The conferees urge the NEH to provide 
no less than 40 percent of program funds to support the 
critical work of state humanities councils. The conferees 
support the Endowment's efforts to encourage a better 
understanding of our Nation's history and the democratic 
principles upon which it was founded by supporting grants for 
the teaching and study of American history. The conferees, 
therefore, have included $3,000,000 for the longstanding, 
successful We the People initiative. The NEH is encouraged to 
include Native American communities in the Bridging Cultures 
initiative and to work with tribes in the preservation of 
Native American languages through the Documenting Endangered 
Languages grant program.

                        Commission of Fine Arts

                         SALARIES AND EXPENSES

      The bill provides $2,400,000 for the Commission of Fine 
Arts.

               National Capital Arts and Cultural Affairs

      The bill provides $2,000,000 for the National Capital 
Arts and Cultural Affairs program. Language has been included 
in the bill amending the program's underlying authorization to 
ensure that all grantees meet the program's eligibility 
requirements.

               Advisory Council on Historic Preservation

                         SALARIES AND EXPENSES

      The bill provides $6,108,000 for the Advisory Council on 
Historic Preservation.

                  National Capital Planning Commission

                         SALARIES AND EXPENSES

      The bill provides $8,154,000 for the National Capital 
Planning Commission.

                United States Holocaust Memorial Museum

                       HOLOCAUST MEMORIAL MUSEUM

      The bill provides $50,798,000 for the United States 
Holocaust Memorial Museum. The conferees concur with the 
Museum's proposal to re-designate its exhibition fund as an 
outreach initiatives fund to broaden access to historic 
material, enhance its website, and provide a larger public 
education component.

                             PRESIDIO TRUST

                          PRESIDIO TRUST FUND

      The bill provides $12,000,000 for the Presidio Trust 
Fund.

                Dwight D. Eisenhower Memorial Commission

                         SALARIES AND EXPENSES

      The bill provides $2,000,000 for the Salaries and 
Expenses account.

                          CAPITAL CONSTRUCTION

      The bill provides $30,990,000 for Capital Construction. 
Bill language has been included authorizing the contracting 
officer to procure construction services as long as such 
contracts are contingent upon the availability of funds, and 
authorizes the Commission to proceed with the construction 
process despite not having full funding in place.

                      TITLE IV--GENERAL PROVISIONS

                     (INCLUDING TRANSFERS OF FUNDS)

      The conferees have included various legislative 
provisions in Title IV of the bill. A number of these 
provisions have been carried in previous years and others are 
newly proposed this year. The provisions are:
      Section 401 continues a provision providing for public 
availability of information on consulting service contracts.
      Section 402 continues a provision providing that 
appropriations available in the bill shall not be used to 
produce literature or otherwise promote public support of a 
legislative proposal on which legislative action is not 
complete.
      Section 403 continues a provision providing for annual 
appropriations unless expressly provided otherwise in this Act.
      Section 404 continues a provision limiting the use of 
personal cooks, chauffeurs or servants.
      Section 405 continues a provision providing restrictions 
on departmental assessments unless approved by the Committees 
on Appropriations.
      Section 406 continues a provision limiting the actions of 
the Forest Service and the Bureau of Land Management with 
regard to the sale of giant sequoia trees to a manner 
consistent with such sales as were conducted in fiscal year 
2011.
      Section 407 continues a limitation on accepting and 
processing applications for patents and on the patenting of 
Federal lands.
      Section 408 continues a provision regarding the payment 
of contract support costs.
      Section 409 continues a provision providing that the 
Secretary of Agriculture shall not be considered in violation 
of certain provisions of the Forest and Rangeland Renewable 
Resources Planning Act solely because more than 15 years have 
passed without revision of a forest plan, provided that the 
Secretary is working in good faith to complete the plan 
revision.
      Section 410 continues a provision limiting preleasing, 
leasing, and related activities within the boundaries of 
National Monuments.
      Section 411 modifies a provision authorizing the 
Secretary of the Interior and the Secretary of Agriculture to 
enter into reciprocal agreements with foreign wildfire 
suppression organizations.
      Section 412 continues a provision through fiscal year 
2013 authorizing the Secretary of the Interior and the 
Secretary of Agriculture to consider local contractors when 
awarding contracts for certain activities on public lands.
      Section 413 restricts funding appropriated for 
acquisition of land or interests in land from being used for 
declarations of taking or complaints in condemnation.
      Section 414 continues a provision making Alaska red cedar 
timber available to domestic mills.
      Section 415 extends certain authorities through fiscal 
year 2013 allowing the Forest Service and Department of the 
Interior to renew grazing permits.
      Section 416 continues a provision which prohibits no-bid 
contracts.
      Section 417 continues a provision which requires public 
disclosure of certain reports.
      Section 418 continues a provision which delineates the 
grant guidelines for the National Endowment for the Arts.
      Section 419 continues a provision which delineates the 
program priorities for the programs managed by the National 
Endowment for the Arts.
      Section 420 amends existing law to allow for the use of 
certain competitive grant funds.
      Section 421 extends authorities from the Forest Service 
Realignment and Enhancement Act of 2005 through 2016.
      Section 422 makes permanent authorities made available to 
the Secretary of the Interior and the Chief of the Forest 
Service to conduct joint programs to promote customer service 
and efficiency.
      Section 423 retains a provision allowing the State of 
Utah, through contracts or cooperative agreements with the 
Forest Service, to perform certain activities on Forest Service 
lands through fiscal year 2013.
      Section 424 requires the Department of the Interior, EPA, 
Forest Service and Indian Health Service to provide the 
Committees on Appropriations quarterly reports on the status of 
balances of appropriations.
      Section 425 requires the President to submit a report to 
the Committees on Appropriations no later than 120 days after 
submission of the fiscal year 2013 budget request describing 
Federal agency obligations and expenditures for climate change 
programs in fiscal year 2011.
      Section 426 continues a provision prohibiting the use of 
funds to promulgate or implement any regulation requiring the 
issuance of permits under Title V of the Clean Air Act for 
carbon dioxide, nitrous oxide, water vapor, or methane 
emissions.
      Section 427 continues a provision prohibiting the use of 
funds to implement any provision in a rule if that provision 
requires mandatory reporting of greenhouse gas emissions from 
manure management systems.
      Section 428 provides the Forest Service the authority to 
use a pre-decisional objection process in place of post-
decisional appeals.
      Section 429 clarifies Silvicultural Operations under the 
Federal Water Pollution Control Act.
      Section 430 modifies claim maintenance fees for placer 
claims held by two or more persons known as association placer 
claims.
      Section 431 addresses the management of domestic sheep 
and bighorn sheep on Federal lands.
      Section 432 addresses the issuance of air quality permits 
in the Outer Continental Shelf.
      Section 433 prohibits funds from being used to enter into 
contracts or agreements with any corporation where the agency 
is aware of a conviction of a felony under any Federal law 
within the preceding 24 months.
      Section 434 prohibits funds for contacts or agreements 
with any corporation where the agency is aware of any unpaid 
Federal tax liability that is not being paid in a timely manner 
pursuant to a payment agreement.
      Section 435 continues current authorities for operations 
of Indian Health Service programs in Alaska.
      Section 436 includes an across the board rescission of 
0.16 percent. This reduction shall be applied to each program, 
project, and activity, except for Miscellaneous Payments to 
Indians, which has a different application of the rescission as 
specified in the statutory language. The bill also requires the 
Office of Management and Budget to submit a report within 30 
days specifying the account and amount of each rescission.

[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]

   DIVISION F--DEPARTMENTS OF LABOR, HEALTH AND HUMAN SERVICES, AND 
        EDUCATION, AND RELATED AGENCIES APPROPRIATIONS ACT, 2012

      The Departments of Labor, Health and Human Services, and 
Education, and Related Agencies Appropriations Act, 2012, put 
in place by this division incorporates the following agreements 
of the managers. Funds for the individual programs and 
activities within the accounts in this division are displayed 
in the detailed table at the end of the statement of the 
managers for this Act. Funding levels that are not displayed in 
the detailed table are identified within this statement of the 
managers. In implementing this conference agreement, the 
Departments and agencies should be guided by the language and 
instructions set forth in Senate Report 112-84 accompanying the 
bill, S. 1599, unless specifically addressed in this statement. 
In cases where the language and instructions in the Senate 
report specifically address the allocation of funds, each has 
been reviewed by the conferees and those that are jointly 
concurred in have been endorsed in this statement of managers.

                                TITLE I

                          DEPARTMENT OF LABOR

                 Employment and Training Administration

                    TRAINING AND EMPLOYMENT SERVICES

                     (INCLUDING TRANSFER OF FUNDS)

      The conference agreement includes $3,195,383,000 for 
Training and Employment Services (TES). Of the amount 
appropriated under the heading TES, $1,423,383,000 shall be 
available for obligation for the period July 1, 2012 through 
June 30, 2013, and the remaining $1,772,000,000 shall be 
available as an advance appropriation for the period October 1, 
2012 through June 30, 2013.
      The conferees direct that, beginning with the fiscal year 
2013 budget request, the TES detailed workload and performance 
tables in the congressional justification materials be modified 
to include, as a subset of the ``Participants Served in 
Employment and Training Activities,'' the number of 
participants who participated in core and intensive services, 
the number of participants who participated in training 
services, the number of exiters, and the number of exiters who 
gained employment.
      The conference agreement includes $1,008,432,000 for 
Dislocated Worker Assistance employment and training 
activities, of which $148,432,000 shall be available for 
obligation for the period July 1, 2012 through June 30, 2013, 
and the remaining $860,000,000 shall be available as an advance 
appropriation for the period October 1, 2012 through June 30, 
2013. The conferees continue to support the use of National 
Emergency Grants to meet unanticipated increases in demand for 
employment and training services and encourage a rapid 
execution of funding throughout the program year to address 
these needs throughout the country.
      The conference agreement includes $84,451,000 for migrant 
and seasonal farmworker formula grants. The conferees direct 
that $5,689,000 shall be for migrant and seasonal farmworker 
housing grants, of which not less than 70 percent of this 
amount shall be used for permanent housing grants. The 
conferees further direct the Department of Labor to submit 
annual reports documenting the use of farmworker housing funds. 
The reports should include information on the amount of funds 
used for permanent and temporary housing activities, 
respectively; a list of the communities served; a list of the 
grantees and the states in which they are located; the total 
number of individuals or families served; and a list of 
allowable temporary housing activities.
      The conference agreement includes $50,000,000 for the 
Workforce Innovation Fund.
      The conference agreement includes new language that 
provides that funding previously made available under Public 
Law 112-10 designated for young parents training grants may be 
used for research and implementation activities related to the 
VOW to Hire Heroes Act of 2011 and other pilots, 
demonstrations, and research activities.
      The conferees note that the National Guard's Youth 
ChalleNGe program at the Department of Defense provides a 
structured high school curriculum in a residential setting for 
16- to 18-year old high school dropouts across 27 states. 
However, the success of this program is hindered by the lack of 
a formalized employment training component. As the Department 
of Labor has a long history with such endeavors, the conferees 
encourage the Secretary of Labor to work with the Department of 
Defense, providing technical assistance and guidance where 
needed, in establishing a vocational training component within 
the Youth ChalleNGe program.
      The conference agreement includes a directive for the 
Government Accountability Office to assess the capabilities of 
the Adult and Dislocated Worker Employment and Training 
programs to adequately prepare participants for currently 
available jobs. The study shall include, but is not limited to, 
the following:
      1. An evaluation of the means by which Workforce 
Investment Act (WIA) local areas identify currently available 
jobs and the skills required for those jobs in potential growth 
sectors of the economy. This may include an evaluation of 
decisions by regional and local WIA areas and an assessment of 
the quality of available labor market information and job 
projections.
      2. An evaluation of the means by which WIA local areas 
direct program participants to prepare or train for currently 
or soon-to-be available jobs in the WIA area. To the extent 
that prospects for employment are greater outside the WIA area, 
the evaluation will assess the extent to which WIA areas help 
the participants of the programs prepare or train for these 
jobs.
      3. A compilation of any recommendations on how 
participants may be better prepared for current openings and 
for openings in growth sectors of the economy.
      The conference agreement includes $6,475,000 for the 
Workforce Data Quality Initiative.

                          OFFICE OF JOB CORPS

      The conference agreement includes $1,706,171,000 for the 
Office of Job Corps (OJC). The budget request includes 
$1,033,747,000 in fiscal year 2012 funding and, in addition, 
$666,000,000 in advance funding for fiscal year 2013. The 
conferees provide full funding for OJC in fiscal year 2012, 
eliminating the need for advance appropriations, and direct the 
Secretary of Labor to submit future budget requests for OJC 
without advance appropriations beginning with the fiscal year 
2013 budget submission.

            COMMUNITY SERVICE EMPLOYMENT FOR OLDER AMERICANS

      The conference agreement includes $449,100,000 for 
Community Service Employment for Older Americans.

     STATE UNEMPLOYMENT INSURANCE AND EMPLOYMENT SERVICE OPERATIONS

      The conference agreement includes $4,094,672,000 for 
State Unemployment Insurance and Employment Service Operations, 
including a total of $60,000,000 to conduct in-person 
reemployment and eligibility assessments (REA) and unemployment 
insurance improper payment reviews.
      The conference agreement for Unemployment Insurance (UI) 
State operations does not explicitly include funds for the 
expansion of REAs or for the new initiative requested for UI 
operations incentive grants for improved operations. Funds not 
required for workload should be used by the Department to 
increase REA funding and other activities to address improper 
payments, to fund State requests for technology improvement 
funding, and to initiate performance improvement grants.
      The conference agreement does not include funding 
requested for expansion of the worker misclassification 
initiative.

                         PROGRAM ADMINISTRATION

      The conference agreement includes $147,360,000 for 
Program Administration.
      The conference agreement does not include funding 
requested for expansion of the worker misclassification 
initiative.

               Employee Benefits Security Administration

                         SALARIES AND EXPENSES

      The conference agreement includes $183,500,000 for the 
Employee Benefits Security Administration.

                         Wage and Hour Division

                         SALARIES AND EXPENSES

      The conference agreement includes $227,491,000 for the 
Wage and Hour Division.
      The conference agreement does not include funding 
requested for expansion of the worker misclassification 
initiative.

             Office of Federal Contract Compliance Programs

                         SALARIES AND EXPENSES

      The conference agreement includes $105,386,000 for the 
Office of Federal Contract Compliance Programs.
      The conference agreement does not include funding 
requested for expansion of the worker misclassification 
initiative.

             Occupational Safety and Health Administration

                         SALARIES AND EXPENSES

      The conference agreement includes $565,857,000 for the 
Occupational Safety and Health Administration (OSHA).
      The conferees note that OSHA's National Emphasis Program 
(NEP) on Recordkeeping has been underway since October, 2009, 
to assess the accuracy of injury and illness data recorded by 
employers. The conferees direct the Secretary of Labor to 
submit a report, not later than 90 days after enactment of this 
Act, to the Committees on Appropriations of the House and the 
Senate detailing the findings of this NEP, as well as other 
Department activities, related to the accuracy of employer 
reporting of injury and illness data.

                 Mine Safety and Health Administration

                         SALARIES AND EXPENSES

      The conference agreement includes $374,000,000 for the 
Mine Safety and Health Administration (MSHA).
      The conference agreement provides sufficient funding to 
improve MSHA's emergency response operations and rescue 
capabilities through the upgrade of emergency response 
equipment and the purchase and deployment of new underground 
mine rescue communications systems for mine rescue teams, 
continue making progress on the elimination of the backlog of 
mine safety and health appeals, support the reorganization and 
strengthening of the Office of Accountability within the 
assessments line, upgrade the Mt. Hope laboratory, continue the 
coal dust spot inspection program, and acquire continuous 
personal dust monitors for MSHA personnel.

                       Bureau of Labor Statistics

                         SALARIES AND EXPENSES

      The conference agreement includes $610,224,000 for the 
Bureau of Labor Statistics (BLS).

                           General Provisions

                         JOB CORPS COMPENSATION

      The conference agreement modifies a provision that 
prohibits the use of Job Corps funding from being used to 
compensate an individual at a rate in excess of Executive Level 
II.

         American Competitiveness and Workforce Improvement Act

      The conference agreement modifies a provision relating to 
grants made from the Department of Labor under the authority of 
the American Competitiveness and Workforce Improvement Act.

          EMPLOYMENT AND TRAINING ADMINISTRATION COMPENSATION

      The conference agreement modifies a provision to prohibit 
the use of funds provided to the Employment and Training 
Administration for the compensation of any individual at a rate 
in excess of Executive Level II.

          TRANSFER AUTHORITY FOR TECHNICAL ASSISTANCE SERVICES

      The conference agreement modifies a provision providing 
the Secretary of Labor with the authority to transfer funds 
made available to the Employment and Training Administration by 
this Act, or by Public Law 112-10, for technical assistance 
services to Program Administration.

                   DEFINITION OF FIDUCIARY REGULATION

      The conference agreement includes a new provision 
relating to the ``Definition of Fiduciary'' regulation being 
developed by the Employee Benefits Security Administration 
(Regulatory Identification Number 1210-AB32). The conferees 
understand that it is the Secretary of Labor's intention to 
formally withdraw this proposed rule upon the issuance of a new 
notice of proposed rulemaking (NPRM). This section shall not be 
construed as preventing the Secretary from publishing a new or 
revised NPRM relating to the definition of a fiduciary, 
provided that interested parties and stakeholders are afforded 
a sufficient opportunity to review and comment on the proposed 
rulemaking.

  WAGE METHODOLOGY FOR THE TEMPORARY NON-AGRICULTURAL EMPLOYMENT H-2B 
                           PROGRAM REGULATION

      The conference agreement modifies a provision relating to 
the ``Wage Methodology for the Temporary Non-Agricultural 
Employment H-2B Program'' regulation published by the 
Employment and Training Administration.

 OCCUPATIONAL INJURY AND ILLNESS RECORDING AND REPORTING REQUIREMENTS--
           MUSCULOSKELETAL DISORDERS (MSD) COLUMN REGULATION

      The conference agreement includes a new provision 
relating to the ``Occupational Injury and Illness Recording and 
Reporting Requirements--Musculoskeletal Disorders (MSD) 
Column'' regulation being developed by the Occupational Safety 
and Health Administration.

   LOWERING MINERS' EXPOSURE TO COAL MINE DUST, INCLUDING CONTINUOUS 
                   PERSONAL DUST MONITORS REGULATION

      The conference agreement includes a new provision 
relating to the ``Lowering Miners' Exposure to Coal Mine Dust, 
Including Continuous Personal Dust Monitors'' regulation being 
developed by the Mine Safety and Health Administration (MSHA). 
This section is not intended to restrict MSHA's ability to 
enforce the current rule while this section is in effect or 
address any compliance assistance or training needs arising 
from the publication of the final rule during the effective 
period of this section.

   OVERTIME EXEMPTIONS FOR SERVICE ADVISORS IN AUTOMOTIVE DEALERSHIPS

      The conference agreement includes a new provision 
relating to overtime exemptions as defined by the Fair Labor 
Standards Act.

                                TITLE II

                DEPARTMENT OF HEALTH AND HUMAN SERVICES

              Health Resources and Services Administration

      The conference agreement includes $6,450,534,000 for the 
Health Resources and Services Administration (HRSA). In 
addition, $25,000,000 is made available under section 241 of 
the Public Health Service (PHS) Act.
      The conference agreement includes bill language that 
divides HRSA into several accounts to improve transparency and 
accountability. The conferees direct that future budget 
requests reflect this new structure.

                          PRIMARY HEALTH CARE

      The conference agreement includes $1,598,957,000 for 
Primary Health Care.

                            HEALTH WORKFORCE

      The conference agreement includes $734,402,000 for Health 
Workforce.
      Within the funds provided for Training in Oral Health 
Care, the conferees include $7,563,000 each for general and 
pediatric dentistry.
      The conference agreement includes language prohibiting 
health workforce funds to be used for section 340G-1, the 
Alternative Dental Health Care Providers Demonstration 
programs.
      Within the funds provided for Public Health and 
Preventive Medicine Programs, the conferees direct HRSA to fund 
preventive medicine residencies at no less than fiscal year 
2011 levels. The conferees have provided sufficient funding for 
a national coordinating center and $2,500,000 for grants to 
incorporate competency-based integrative medicine curricula in 
graduate medical education.
      Within the funds for Advanced Education Nursing, the 
conferees direct HRSA to allocate funding for nurse anesthetist 
education at no less than fiscal year 2011 levels.

                       MATERNAL AND CHILD HEALTH

      The conference agreement includes $863,607,000 for 
Maternal and Child Health.
      The conference agreement includes bill language setting 
aside $79,586,000 for Special Projects of Regional and National 
Significance (SPRANS). The agreement includes sufficient 
funding to continue State grants and the set-asides for oral 
health, epilepsy, sickle cell, and fetal alcohol syndrome at no 
less than fiscal year 2011 levels.
      Within the funding provided for the Autism and Other 
Related Developmental Disorders program, the conferees direct 
HRSA to fund the Leadership Education in Neurodevelopmental and 
Related Disabilities (LEND) program at no less than fiscal year 
2011 levels.

                      RYAN WHITE HIV/AIDS PROGRAMS

      The conference agreement includes $2,351,665,000 for Ryan 
White HIV/AIDS Programs, of which $2,326,665,000 is provided as 
budget authority and $25,000,000 is made available under 
section 241 of the Public Health Service Act.
      The conferees intend that HRSA allocate funds for the 
Minority AIDS Initiative within the Ryan White HIV Programs at 
no less than the fiscal year 2011 funding level.

                          HEALTH CARE SYSTEMS

      The conference agreement includes $83,526,000 for Health 
Care Systems.

                              RURAL HEALTH

      The conference agreement includes $139,832,000 for Rural 
Health.
      Rural Outreach Models.--The conferees recognize the 
continuing challenges facing rural communities in providing 
adequate healthcare services. The conferees urge HRSA to 
consider projects that demonstrate new and innovative models of 
outreach in rural areas, such as the integration and 
coordination of health services; the utilization of 
technologies to improve access to health services; distance 
education for health professionals; and activities that improve 
mental healthcare services in rural areas.

                            FAMILY PLANNING

      The conference agreement includes $297,400,000 for Family 
Planning.

                           PROGRAM MANAGEMENT

      The conference agreement includes $161,815,000 for 
Program Management.

               Centers for Disease Control and Prevention

      The conference agreement includes $5,667,735,000 in 
discretionary appropriations for the Centers for Disease 
Control and Prevention (CDC). In addition, $371,357,000 is made 
available under section 241 of the Public Health Service (PHS) 
Act.
      The conference agreement includes bill language that 
divides CDC into several accounts to improve transparency and 
accountability. The conferees direct that future budget 
requests, to include the fiscal year 2013 budget request, 
reflect this new structure. Further, the conferees direct CDC 
to provide additional programmatic information in budget 
justifications beginning in fiscal year 2014. This information 
shall be included for every activity identified in this 
Statement of the Managers and shall include: a short 
description of the nature of CDC's work on a particular 
subject; the number of new and continuing grants made; the 
average grant size; and a State-by-State table for any formula-
based funding. The conferees understand that the fiscal year 
2013 justification is already in draft form; therefore, the 
conferees expect an operating plan 90 days after enactment of 
this Act that details spending levels for all CDC budget lines 
included in this Statement of the Managers.
      Extramural Research.--The conferees request a report from 
CDC by March 1 of each year that details the breakdown of 
intramural and extramural funding for each program of the 
various offices and centers at CDC. This report shall include 
the amount of funding in each Center dedicated to 
administrative activities.

                 IMMUNIZATION AND RESPIRATORY DISEASES

      The conference agreement includes $579,375,000 for 
Immunization and Respiratory Diseases. In addition, $12,864,000 
is made available under section 241 of the PHS Act.
      Within the program level total for Immunization and 
Respiratory Diseases, the conference agreement includes the 
following amounts:

------------------------------------------------------------------------
                     Budget activity                        Conference
------------------------------------------------------------------------
Section 317 Immunization Program........................    $369,553,000
Program Operations......................................      63,005,000
    National Immunization Survey........................      12,864,000
Influenza...............................................     159,681,000
------------------------------------------------------------------------

     HIV/AIDS, VIRAL HEPATITIS, SEXUALLY TRANSMITTED DISEASES AND 
                        TUBERCULOSIS PREVENTION

      The conference agreement includes $1,105,995,000 for HIV/
AIDS, Viral Hepatitis, 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:

------------------------------------------------------------------------
                     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/Malaria..............................      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 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 0
Nat. Inst. of Diabetes & Digestive & Kidney            1,792,224          -1,476       1,790,748       1,800,447
 Diseases (NIDDK)...............................
    TRND........................................  ..............          -1,476
National Institute of Neurological Disorders and       1,622,003          -1,335       1,620,668       1,629,445
 Stroke (NINDS).................................
    TRND........................................  ..............          -1,335
National Institute of Allergy and Infectious           4,478,668          -3,689       4,474,979       4,499,215
 Diseases (NIAID)...............................
    TRND........................................  ..............          -3,689
National Institute of General Medical Sciences         2,033,782        +338,010       2,371,792       2,434,637
 (NIGMS)........................................
    Institutional Development Awards (IDeA).....  ..............        +226,480
    Biotechnology Research Resources............  ..............         +97,114  ..............  ..............
    Research Infrastructure.....................  ..............          +8,853  ..............  ..............
    Research Management & Support...............  ..............          +7,237  ..............  ..............
    TRND........................................  ..............          -1,674  ..............  ..............
Nat. Inst. of Child Health and Human Development       1,317,854          -1,085       1,316,769       1,323,900
 (NICHD)........................................
    TRND........................................  ..............          -1,085
National Eye Institute (NEI)....................         700,828            -577         700,251         704,043
    TRND........................................  ..............            -577  ..............  ..............
National Institute of Environmental Health               683,724            -555         683,169         686,869
 Sciences (NIEHS)...............................
    TRND........................................  ..............            -555
National Institute on Aging (NIA)...............       1,100,481            -906       1,099,575       1,105,530
    TRND........................................  ..............            -906  ..............  ..............
Nat. Inst. Arthritis & Musculoskeletal & Skin            534,349            -440         533,909         536,801
 Diseases (NIAMS)...............................
    TRND........................................  ..............            -440  ..............  ..............
Nat. Inst. on Deafness & Other Communication             415,155            -341         414,814         417,061
 Disorders (NIDCD)..............................
    TRND........................................  ..............            -341  ..............  ..............
National Institute of Mental Health (NIMH)......       1,476,294          -1,215       1,475,079       1,483,068
    TRND........................................  ..............          -1,215  ..............  ..............
National Institute on Drug Abuse (NIDA).........       1,050,542            -865       1,049,677       1,055,362
    TRND........................................  ..............            -865  ..............  ..............
National Institute on Alcohol Abuse and                  458,286            -377         457,909         460,389
 Alcoholism (NIAAA).............................
    TRND........................................  ..............            -377  ..............  ..............
National Institute of Nursing Research (NINR)...         144,381            -119         144,262         145,043
    TRND........................................  ..............            -119
National Human Genome Research Institute (NHGRI)         511,497            -421         511,076         513,844
    TRND........................................  ..............            -421  ..............  ..............
National Institute of Biomedical Imaging and             313,802         +23,370         337,172         338,998
 Bioengineering (NIBIB).........................
    Biotechnology Research Resources............  ..............         +22,977  ..............  ..............
    Research Management & Support...............  ..............            +651  ..............  ..............
    TRND........................................  ..............            -258  ..............  ..............
National Institute on Minority Health and Health         209,714         +65,757         275,471         276,963
 Disparities (NIMHD)............................
    Research Centers in Minority Institutions...  ..............         +58,686  ..............  ..............
    Biotechnology Research Resources............  ..............          +1,784  ..............  ..............
    Research Infrastructure.....................  ..............          +2,578  ..............  ..............
    Research Management & Support...............  ..............          +2,882  ..............  ..............
    TRND........................................  ..............            -173  ..............  ..............
National Center for Research Resources (NCRR)...       1,257,754      -1,257,754               0               0
National Center for Complementary and                    127,713            -105         127,608         128,299
 Alternative Medicine (NCCAM)...................
    TRND........................................  ..............            -105  ..............               0
John E. Fogarty International Center (FIC)......          69,436             -58          69,378          69,754
    TRND........................................  ..............             -58  ..............               0
National Library of Medicine (NLM)..............         336,733            -277         336,456         338,278
    TRND........................................  ..............            -277  ..............               0
Office of the Director (OD).....................       1,166,963        +287,042       1,454,005       1,461,880
    Comparative Medicine (incl. Nat'l Primate     ..............        +194,921  ..............  ..............
     Res. Centers)..............................
    Shared & High-end Instrumentation...........  ..............         +64,114  ..............  ..............
    Clinical Research Resources.................  ..............            +769  ..............  ..............
    Biotechnology Research Resources............  ..............          +8,505  ..............  ..............
    Research Infrastructure.....................  ..............          +6,655  ..............  ..............
    Research Management & Support...............  ..............          +9,594  ..............  ..............
    Science Education Partnership Award.........  ..............         +18,480  ..............  ..............
    Clinical Research Resources.................  ..............            +534  ..............  ..............
    Biotechnology Research Resources............  ..............            +552  ..............  ..............
    Research Management & Support...............  ..............            +716  ..............  ..............
    Office of Rare Diseases Research............  ..............         -17,798  ..............  ..............
National Center for Advancing Translational                    0        +563,405         563,405         576,456
 Sciences (NCATS)...............................
    Clinical & Translational Science Awards       ..............        +457,700  ..............  ..............
     (CTSAs)....................................
    Clinical Research Resources.................  ..............         +27,879  ..............  ..............
    Biotechnology Research Resources............  ..............         +18,633  ..............  ..............
    Research Management & Support...............  ..............         +16,316  ..............  ..............
    NCBI/PA.....................................  ..............          +1,079  ..............  ..............
    TRND........................................  ..............         +24,000  ..............  ..............
    Office of Rare Diseases Research............  ..............         +17,798  ..............  ..............
    Cures Acceleration Network (CAN)............  ..............               0  ..............  ..............
----------------------------------------------------------------------------------------------------------------
Note: The FY 2011 enacted level does not include transfers.

      Cures Acceleration Network (CAN).--The conferees provide 
NCATS with up to $10,000,000 to support the CAN Board and 
related activities. The conferees expect a high bar for any use 
of waiver authority for CAN grant matching funds; any use 
should be extremely limited to maximize funds towards the CAN 
goals. The conferees encourage the CAN Board to create general 
principles and measurable outcomes to track success. The 
conferees request NCATS to charter an Institute of Medicine 
(IOM) work group to review, evaluate, and identify issues 
related to the CAN authority and provide a report for use by 
the CAN Board to help it identify ways to accelerate and expand 
the number of cures. The report should include a survey and 
inventory of activities at NIH, FDA, AHRQ, CDC, the Patent and 
Trademark Office (PTO), and in the private sector that relate 
to the CAN program. The conferees urge IOM to include balanced 
participation by the entities listed above as well as the 
representatives of the pharmaceutical and biotechnology 
industry and the biotech venture capital community. The report 
should address patent authority, marketability, use of high-
throughput analysis, regulatory timelines, and cost structure 
issues related to the purpose of CAN.
      Accelerating Commercialization of Therapies to 
Patients.--The conferees understand the need to develop models 
to assist research universities and institutes on the best ways 
to leverage and commercialize federally supported basic and 
applied biomedical research discoveries. This is a key reason 
why the conferees have agreed to create NCATS. The conferees 
note the market has started to develop public-private sector 
models that are beginning to show results in translating basic 
research far more quickly than traditional models. These types 
of models use pre-defined technology-licensing terms to rapidly 
license new products and build a core of options for 
commercialization partnerships with pharmaceutical and 
biotechnology companies to establish joint ventures to further 
advance products to the market. The conferees strongly urge NIH 
to study and foster these models.
      The conferees expect any NIH-supported partnerships to 
expand translational pharmaceutical development in a manner 
that does not inhibit creative market models. Top priorities of 
the Center should include developing tools to improve the ``de-
risking'' process and advancing the drug development process to 
the point at which it can reasonably be expected to be picked 
up by the private sector. The conferees suggest the selection 
of Center projects should consider future market acceptance as 
one component of the criteria to evaluate and select potential 
Center projects. The conferees direct NIH to host a trans-NIH 
workshop with key research organizations, venture capitalists, 
pharmaceutical firms, the PTO, the FDA, and a sample of 
research universities and institutes to work together with NIH 
and the drug development market. The workshop should also 
consider how existing NIH and government mechanisms can be used 
to encourage models around the country to speed 
commercialization of therapies through a market-based approach.
      Clinical and Translational Science Awards (CTSAs).--The 
conferees are encouraged by the success of the CTSA consortium 
and recommend the program receive full funding as it nears full 
implementation. The conferees expect the NCATS Director to 
ensure the current focus on the full spectrum of translational 
research is maintained, and CTSA resources are not diverted. 
The inclusion of patient-centered research, community 
engagement, training, dissemination science, and behavioral 
research is extremely important to the translation and 
application of basic science discoveries and success of the 
CTSAs. CTSAs now represent an investment of half a decade of 
innovation in translational research. To ensure the benefits of 
this investment are maintained, the conferees urge NIH to 
support a study by the IOM that would evaluate the CTSA program 
and recommend whether changes to the current mission are 
needed. The review should include stakeholders' input and be 
available no later than 18 months after the enactment of this 
bill.
      Therapeutics for Rare and Neglected Disease (TRND) 
Program.--The conferees continue support for TRND at a level of 
$24,000,000 within NCATS. The conferees urge NIH to provide an 
annual report on the TRND program that identifies the number of 
projects started each year, cost per project, and the outcome 
of each project. The first report should be provided to the 
Committees on Appropriations by July 1, 2012.
      Institutional Development Awards.--The conferees provide 
$276,480,000 to increase support for the Institutional 
Development Awards (IDeA) program. The conferees recognize the 
importance of the Centers of Biomedical Research Excellence 
(COBRE) and the IDeA Networks of Biomedical Research Excellence 
(INBRE) programs. The conferees believe the IDeA program has 
made a significant contribution to biomedical research and 
creating a skilled workforce. Therefore, the conferees provide 
a $45,882,000 increase and recommend it be divided equally 
toward a new COBRE competition and to support new awards for 
the IDeA Clinical Trial and Translation Program to develop 
infrastructure for clinical and translational research in IDeA 
States. The conferees encourage the NIH Director to expand the 
program to support co-funding of IDeA projects across NIH ICs 
to foster the development of efforts in IDeA State programs. 
Further, as an Office of Experimental Program to Stimulate 
Competitive Research (EPSCoR) program, the focus of IDeA should 
continue to be on improving the necessary infrastructure and 
strengthening the biomedical research capacity and capability 
of research institutions. Unfortunately, many institutions in 
EPSCoR-qualifying States who could benefit from the IDeA 
program are ineligible for funding. The conferees encourage NIH 
to revise current eligibility criteria to take into account how 
the decreasing success rate for R01 grants NIH-wide is 
affecting IDeA eligibility. In particular, the conferees 
believe the IDeA Director should have the authority to consider 
funding institutions in any State that is EPSCoR eligible. The 
conferees urge NIH to develop criteria to incorporate 
flexibility into the program to address these concerns. The 
conferees request an update on both the IDeA eligibility 
criteria proposals and funding level by State and major 
activities, to include the co-funding activity, in the fiscal 
year 2013 congressional budget justification.
      Third Party Collections 3-Year Pilot.--Since fiscal year 
1997, Congress has included bill language authorizing NIH to 
``collect third party payments for the cost of clinical 
services that are incurred in NIH research facilities.'' NIH 
has not yet exercised that authority. A recent study released 
in September that was conducted by PricewaterhouseCoopers LLP 
(PwC) found that there are numerous potential advantages as 
well as potential disadvantages to implementing a third party 
billing program. ``The potential use of third party billing 
represents a significant investment and enduring change for the 
NIH Clinical Center,'' the study states. ``As such, additional 
efforts beyond the 14-week study represented in this report may 
be undertaken to more fully consider the challenges associated 
with the use of third party billing and the opportunities that 
may exist.'' The conferees concur with this observation and 
therefore direct NIH to conduct a 3-year pilot study to assess 
the viability of third party reimbursement at NIH by looking at 
one of the services commonly used by a significant number of 
outpatients at some point in the patient's protocol. One 
possible example would be radiology services, but this is not 
the only option. The Committees on Appropriations expect to be 
briefed on the proposed subject area and scope of the pilot 
before it is finalized. The conferees include $10,000,000 for 
the Clinical Center for the costs of building the billing 
infrastructure for the pilot.
      Neuroblastoma.--The conferees note the promising results 
of a recent clinical trial using a chimeric antibody to treat 
newly diagnosed neuroblastoma patients. The conferees support 
efforts to facilitate access to this new therapy for relapsed 
patients and request an update in the fiscal year 2013 
congressional budget request.
      Clinical Trials.--The conferees are aware of a 2010 IOM 
study on clinical trials that identified a number of concerns 
which may apply across all ICs.
      The conferees direct NIH to conduct a trans-NIH review of 
the applicability of the 12 IOM recommendations to all NIH ICs 
that conduct clinical trials. The review should examine ways to 
develop and strengthen NIH-wide policies with a focus on 
opportunities to improve the incorporation of innovative 
science, increase speed of initiation and completion, improve 
the means of setting priorities, and develop better incentives 
for participation in clinical trials.
      The conferees note the report found it takes over 900 
days to open a clinical trial, but trials supported through the 
American Recovery and Reinvestment Act developed methods to 
open studies within 90 days. The conferees encourage NIH to 
consider guidance to incorporate the 90-day opening model into 
other NIH-wide clinical trial activity.
      The review should examine the policies of each IC 
regarding funding for variable accrual costs per case, and 
ensure consistent guidelines across NIH. Specifically, the 
review should examine the viability and effect on speed of 
opening trials of a multi-tier system in which payments for 
cost-per-accrual vary according to the time required to open 
the trial. Furthermore, the review should examine the methods 
and processes ICs use to prioritize clinical trials based on 
peer-review input, funding, and other ways to optimize 
selection of studies.
      The conferees request a report by September 30, 2012, 
that identifies the findings, proposed policy changes, 
implementation timeline, and key measures NIH will use to 
monitor clinical trial activity.

       Substance Abuse and Mental Health Services Administration

      The conference agreement includes $3,354,313,000 for the 
Substance Abuse and Mental Health Services Administration 
(SAMHSA). In addition, the conference agreement makes available 
$129,667,000 under section 241 of the Public Health Service 
(PHS) Act.
      The conference agreement includes bill language that 
divides SAMHSA into several accounts to improve transparency 
and accountability. The conferees direct that future budget 
requests, to include the fiscal year 2013 budget request, 
reflect this new structure. Further, the conferees direct 
SAMHSA to include in its budget justification the specific 
funding increases, decreases and FTE changes being requested by 
program, project or activity, along with a detailed description 
of activities funded under each program, the number of new and 
continuing grants made; the average grant size; and a State-by-
State table for any formula-based funding for all budget lines 
included in this Statement of the Managers. The conferees 
expect that SAMHSA shall not make changes to any program, 
project, or activity as outlined by the budget tables included 
in this Statement of the Managers without prior notification to 
the House and Senate Committees on Appropriations.
      The conferees have provided funding for Programs of 
Regional and National Significance under each of SAMHSA's 
statutorily-created Centers rather than consolidate funding 
into a single account for Innovation and Emerging Issues, as 
proposed in the budget request.

                             MENTAL HEALTH

      The conference agreement includes $934,853,000 for Mental 
Health. In addition, $21,039,000 is made available under 
section 241 of the PHS Act.
      Within the total provided for Mental Health Programs of 
Regional and National Significance, the conference agreement 
includes the following amounts:

------------------------------------------------------------------------
                     Budget activity                        Conference
------------------------------------------------------------------------
Capacity:
  Co-Occurring State Incentive Grant....................               0
  Seclusion & Restraint.................................       2,449,000
  Youth Violence Prevention.............................      23,200,000
  National Traumatic Stress Network.....................      45,800,000
  Children and Family Programs..........................       6,486,000
  Consumer and Family Network Grants ...................       6,236,000
  MH System Transformation and Health Reform............      10,623,000
  Project LAUNCH........................................      34,706,000
  Primary and Behavioral Health Care Integration........      30,807,000
  Community Resilience and Recovery Initiative..........               0
  Suicide Lifeline......................................       5,522,000
  GLS--Youth Suicide Prevention--States.................      29,738,000
  GLS--Youth Suicide Prevention--Campus.................       4,975,000
  AI/AN Suicide Prevention Initiative...................       2,944,000
  Homelessness Prevention Programs......................      30,830,000
  Older Adult Programs..................................               0
  Minority AIDS.........................................       9,283,000
  Criminal and Juvenile Justice Programs................       6,684,000
Science and Service:
  GLS--Suicide Prevention Resource Center...............       4,957,000
  Information Dissemination and Training................       7,878,000
  Consumer & Consumer Support T.A. Centers..............       1,927,000
  Primary/Behavioral Health Integration TA..............       2,000,000
  Minority Fellowship Program...........................       5,099,000
  Disaster Response.....................................       1,054,000
  Homelessness..........................................       2,306,000
  HIV/AIDS Education....................................         774,000
------------------------------------------------------------------------

      Within the funds provided for the National Child 
Traumatic Stress Network, the conferees provide $1,000,000 for 
continued data analysis and reports related to the National 
Center for Child Traumatic Stress core data set.
      The conferees intend that funds provided to Project 
LAUNCH should not duplicate activities eligible for funding 
elsewhere in HHS.
      The conferees intend that all grants awarded for the 
Primary and Behavioral Health Integration program are funded 
under the authorities in section 520(K) of the PHS Act. In 
addition, the conferees have provided $2,000,000 under a 
separate budget line for SAMHSA to provide technical assistance 
related to this program.
      Within the funds provided for the Minority Fellowship 
Program, the conferees have provided an increase in funding to 
allow SAMHSA to increase the pool of culturally competent 
mental health professionals by granting professional counselors 
eligibility to participate in the program.

                       SUBSTANCE ABUSE TREATMENT

      The conference agreement includes $2,123,993,000 for 
Substance Abuse Treatment. In addition, $81,200,000 is made 
available under section 241 of the PHS Act.
      Within the total provided for Programs of Regional and 
National Significance, the conference agreement includes the 
following amounts:

------------------------------------------------------------------------
                     Budget activity                        Conference
------------------------------------------------------------------------
Capacity:
    Co-occurring State Incentive Grants (SIGs)..........               0
    Opioid Treatment Programs/Regulatory Activities.....       8,903,000
    Screening, Brief Intervention, Referral, & Treatment      28,237,000
    TCE--General........................................      28,033,000
    Pregnant & Postpartum Women.........................      16,000,000
    Strengthening Treatment Access and Retention........       1,675,000
    Recovery Community Services Program.................       2,450,000
    Access to Recovery..................................      98,454,000
    Children and Families...............................      30,678,000
    Treatment Systems for Homeless......................      41,650,000
    Minority AIDS.......................................      65,988,000
    Criminal Justice Activities.........................      67,635,000
    NASPER..............................................               0
Science and Service:
    Addiction Technology Transfer Centers...............       9,081,000
    Minority Fellowship Program.........................         547,000
    Special Initiatives/Outreach........................       2,271,000
------------------------------------------------------------------------

      The conferees direct SAMHSA to ensure that Addiction 
Technology Transfer Centers continue to maintain a primary 
focus on addiction treatment and recovery services in order to 
strengthen the addiction workforce.
      The conferees direct SAMHSA to ensure that all funding 
appropriated to the Center for Substance Abuse Treatment for 
drug treatment courts is allocated to serve people diagnosed 
with a substance use disorder as their primary condition.
      The conferees direct SAMHSA to ensure that funds provided 
for SBIRT are used for existing evidence-based models of 
providing early intervention and treatment services to those at 
risk of developing substance abuse disorders.

                       SUBSTANCE ABUSE PREVENTION

      The conference agreement includes $186,361,000 for 
Substance Abuse Prevention.
      Within the total provided for Programs of Regional and 
National Significance, the conference agreement includes the 
following amounts:

------------------------------------------------------------------------
                     Budget activity                        Conference
------------------------------------------------------------------------
Capacity:
    Strategic Prevention Framework/Partnerships for          110,015,000
     Success............................................
    Mandatory Drug Testing..............................       5,206,000
    Minority AIDS.......................................      41,385,000
    Sober Truth on Preventing Underage Drinking (STOP          7,000,000
     Act)...............................................
        National Adult-Oriented Media Public Service           1,000,000
         Campaign.......................................
        Community-based Coalition Enhancement Grants....       5,000,000
        Intergovernmental Coordinating Committee on the        1,000,000
         Prevention of Underage Drinking................
Science and Service:
    Fetal Alcohol Spectrum Disorder.....................       9,821,000
    Center for the Application of Prevention                   8,074,000
     Technologies.......................................
    Science and Service Program Coordination............       4,789,000
    Minority Fellowship Program.........................          71,000
------------------------------------------------------------------------

      The conferees direct SAMHSA to fund the remaining cohort 
of Strategic Prevention Framework State Incentive Grant 
grantees at amounts not less than what they received in fiscal 
year 2011.
      The conferees note that building on the infrastructure of 
current and past Drug Free Communities grantees is an effective 
way to invest minimal federal dollars to address underage 
drinking issues at the community level.

                HEALTH SURVEILLANCE AND PROGRAM SUPPORT

      The conference agreement includes $109,106,000 for health 
surveillance and program support activities. In addition, 
$27,428,000 is made available under section 241 of the PHS Act.
      The conferees have included $3,500,000 to conduct 
Military Families Initiatives policy academies.

               Agency for Healthcare Research and Quality

                    HEALTHCARE RESEARCH AND QUALITY

      The conference agreement includes a program level of 
$369,053,000 for the Agency for Healthcare Research and 
Quality. The conference agreement makes these funds available 
through section 241 of the Public Health Service (PHS) Act.
      Within the total for the Crosscutting Activities Related 
to Quality, Effectiveness and Efficiency Research portfolio, 
the conferees provide $43,364,000 for investigator-initiated 
research.

               Centers for Medicare and Medicaid Services

                     GRANTS TO STATES FOR MEDICAID

      The conference agreement includes $184,279,110,000 for 
the Federal share of current law State Medicaid costs. In 
addition, the agreement includes $90,614,082,000 for program 
costs in the first quarter of fiscal year 2013.

                  PAYMENTS TO HEALTH CARE TRUST FUNDS

      The conference agreement includes $230,741,378,000 for 
the Payments to Health Care Trust Funds account.

                           PROGRAM MANAGEMENT

      The conference agreement includes $3,879,476,000 for the 
Program Management account. The agreement maintains the State 
Health Insurance Assistance Program within the Program 
Management account. The conferees recommend the following 
levels within the Program Management account:

------------------------------------------------------------------------
                  Program Management
------------------------------------------------------------------------
Research, Demonstration and Evaluation................       $21,200,000
Program Operations....................................     2,663,935,000
State Survey and Certification........................       355,876,000
State High Risk Insurance Pools.......................        44,000,000
Federal Administration................................       794,465,000
------------------------------------------------------------------------

      The conferees include funding for Research, 
Demonstration, and Evaluation activities, including the 
Medicare Current Beneficiary Survey. The conferees encourage 
CMS to review the programs within this account to determine if 
they are funded in the appropriate budget line. Specifically, 
CMS is encouraged to evaluate the advantages and disadvantages 
of moving the Medicare Current Beneficiary Survey into the 
Program Operations activity.
      Ambulatory Surgical Centers (ASC).--The conferees 
understand that in 2008, ASCs provided 3.3 million Medicare 
recipients with outpatient surgical services, including 
screening services. The conferees have heard concerns related 
to the use of the consumer price index for urban consumers 
(CPI-U) to update the payment rates of ASCs, a different method 
than is used for other comparable service providers. The 
conferees request that CMS develop a report that compares other 
potential options for updating the payment rates of ASCs and 
report back the findings in the fiscal year 2013 budget 
request.
      CMS Test Environment for Testing Industry Solutions in 
Secure Settings.--The conferees direct and provide $5,000,000 
for CMS to provide a test environment ``sandbox'' where vendors 
can work independently and with CMS to seek solutions and 
execute ``proof of concept'' tests to Medicare issues in a 
secure environment, using Medicare data, on CMS technical 
architecture. The conferees recommend support within the 
Enterprise IT Activities function to establish an isolated, 
stand-alone test environment for independent vendor testing of 
industry solutions that could provide significant benefit to 
CMS operations. The test environment will provide controlled 
access to Medicare data to run ``proof of concept'' tests that 
determine solution effectiveness in addressing Medicare issues 
such as improper payment and quality measurement. The test 
environment must ensure data privacy and security, comply with 
CMS technical architecture standards, provide temporary access 
and secure connectivity for vendor testing, and make relevant 
data sets available for product testing. The conferees request 
a report and timeline in the fiscal year 2013 budget request.
      Comparison of Residency Position.--The conferees request 
CMS conduct an analysis evaluating the implementation of 
Section 5503 of Public Law 111-148 on the allocation of 
Medicare Graduate Medical Education (GME) resident slots to 
hospitals. This analysis shall compare how residency slots are 
allocated according to two assignment strategies. Strategy one 
is the allocation of GME slots according to the current final 
CMS Federal Rule as published in the Federal Register on 
November 24, 2010. The current final rule states that fiscal 
year 2009 report data not be included if it was reported after 
March 23, 2010. Strategy two involves an assessment of GME slot 
allocation which includes all fiscal year 2009 cost reports, 
including data for hospitals whose fiscal year ended on 
December 31, 2009, and as such have cost data reported after 
March 23, 2010. The report of this analysis shall include the 
number of Medicare GME slots allocated to each hospital under 
the two different allocation strategies. The conferees request 
CMS provide the final report with the detailed hospital level 
information under each option to the House and Senate 
Appropriations Committees not later than 6 months after 
enactment.
      Dialysis Facilities.--The conferees are concerned by 
reports of delays in the processing for surveys and 
certifications for dialysis facilities and encourage CMS to 
reduce the wait times. Further, the conferees request CMS 
report back to the Congress within 6 months on major 
impediments related to processing applications timely and 
provide its plan to address these impediments.
      The conferees urge CMS to develop an overall strategic 
plan that links its vision for operations, program integrity, 
information technology, and other areas into a comprehensive 
approach with measurable objectives and resources. The 
conferees request a copy of this plan no later than 180 days 
after enactment.

              HEALTH CARE FRAUD AND ABUSE CONTROL ACCOUNT

      The conference agreement includes $310,377,000 from the 
Medicare trust funds for the Health Care Fraud and Abuse 
Control Account.

                Administration for Children and Families

                   LOW INCOME HOME ENERGY ASSISTANCE

      The conference agreement includes $3,478,246,000 for the 
Low Income Home Energy Assistance Program.

                     REFUGEE AND ENTRANT ASSISTANCE

      The conference agreement includes $769,789,000 for 
Refugee and Entrant Assistance programs.
      Within the total provided for Transitional and Medical 
Services, the conferees include $65,000,000 for the voluntary 
agency matching grant program.
      Within the total for Unaccompanied Alien Children, the 
conference agreement includes up to $6,100,000 for the pro bono 
legal services pilot to ensure legal representation for both 
released and detained children.

                 CHILD CARE AND DEVELOPMENT BLOCK GRANT

      The conference agreement includes $2,282,627,000 for the 
Child Care and Development Block Grant.

                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 to improve its consultation with the Committees on 
Appropriations regarding any reallocation of funds that may 
occur after the submission of its congressional justification. 
The conferees have not transferred the SHIP program from CMS.

                        Office of the Secretary

                    GENERAL DEPARTMENTAL MANAGEMENT

      The conference agreement includes $475,221,000 for 
General Departmental Management. In addition, the conference 
agreement includes $69,211,000 in funding from the Public 
Health Service program evaluation set-aside.
      Within the funds for the Office of the Secretary, the 
conference agreement designates $1,000,000 for the Office of 
the Assistant Secretary for Financial Resources to begin 
implementing a new, integrated system that can accurately track 
and report the Department's finances, including by source year 
of the appropriation.
      The conference agreement provides $9,000,000 for the 
Office of the Assistant Secretary for Public Affairs.
      The conference agreement provides $250,000 for the 
Advisory Council on Alzheimer's Research, Care and Services, 
$1,000,000 for a competitive grant program to provide 
assistance regarding transportation assistance for individuals 
with disabilities, $1,000,000 to continue the national health 
education program on lupus for healthcare providers, and 
$3,010,000 to continue the preventing violence against women 
initiative, all as proposed in Senate Report 112-84.
      In addition, the conference agreement includes $1,000,000 
for the Assistant Secretary for Health to contract with the 
National Academy of Sciences to conduct a scientific peer 
review of the 12th Report on Carcinogens determinations related 
to formaldehyde and styrene. Included in the review should be 
all relevant, peer-reviewed research related to both 
formaldehyde and styrene.
      The conference agreement includes no funding for the 
Adolescent Family Life program, as proposed in the budget 
request.
      The conference agreement provides $104,790,000 for the 
teenage pregnancy prevention initiative. In addition, 
$8,455,000 is to be derived from the Public Health Service 
program evaluation set-aside, including $4,000,000 to carry out 
evaluations (including longitudinal evaluations) of teenage 
pregnancy prevention approaches.
      The conference agreement also includes $5,000,000 for an 
abstinence education program.

                OFFICE OF MEDICARE HEARINGS AND APPEALS

      The conference agreement includes $72,147,000 for the 
Office of Medicare Hearings and Appeals.

  OFFICE OF THE NATIONAL COORDINATOR FOR HEALTH INFORMATION TECHNOLOGY

      The conference agreement includes $61,257,000 for the 
Office of the National Coordinator for Health Information 
Technology, of which $16,446,000 is provided in budget 
authority and $44,811,000 is made available through the Public 
Health Service program evaluation set-aside.

                      OFFICE OF INSPECTOR GENERAL

      The conference agreement includes $50,178,000 for the 
Office of Inspector General.

                        OFFICE FOR CIVIL RIGHTS

      The conference agreement includes $41,016,000 in budget 
authority only for the Office for Civil Rights.

            PUBLIC HEALTH AND SOCIAL SERVICES EMERGENCY FUND

                     (INCLUDING TRANSFER OF FUNDS)

      The conference agreement includes $984,452,000 for the 
Public Health and Social Services Emergency Fund.
      Within the total for Preparedness and Emergency 
Operations, the conference agreement includes $10,000,000 to 
prepare for and respond to non-Stafford Act National Special 
Security Events and makes such funds available until September 
30, 2014.
      The conferees direct the Biomedical Advanced Research and 
Development Authority to develop a plan to deliver recombinant 
anthrax vaccine to the Strategic National Stockpile by 2015 and 
brief the House and Senate Committees on Appropriations on such 
a plan not later than 60 days after enactment of this Act.

                           General Provisions

          SALARY CAP ON GRANTS AND OTHER EXTRAMURAL MECHANISMS

      The conference agreement includes a general provision 
capping the permitted use of grant and contract funds that may 
be used to pay the salary of a grantee to Executive Level II 
and applies the cap to all HHS operating divisions funded in 
this Act.

                           TRANSFER AUTHORITY

                          (TRANSFER OF FUNDS)

      The conference agreement modifies a general provision 
providing the Secretary of Health and Human Services the 
authority to transfer up to 1 percent of discretionary funds 
between appropriations accounts.

       CENTERS FOR DISEASE CONTROL AND PREVENTION STAFF TRAINING

      The conference agreement modifies a general provision 
regarding Centers for Disease Control and Prevention Individual 
Learning Accounts.

                   NIH MINOR REPAIRS AND ALTERATIONS

      The conference agreement modifies a general provision 
allowing NIH to use up to $45,000,000 for alteration, repair or 
improvement of its facilities and caps the amount that can be 
spent on any single project to $3,500,000.

                              GUN CONTROL

      The conference agreement modifies a provision previously 
carried in the CDC account that prohibits any HHS operating 
division funded in this Act from being used to advocate or 
promote gun control.

           FEDERALLY FUNDED RESEARCH AND DEVELOPMENT CENTERS

      The conference agreement includes a general provision 
prohibiting creation of a new Federally Funded Research and 
Development Center unless certain conditions are met.

                               TITLE III

                        DEPARTMENT OF EDUCATION

                    Education for the Disadvantaged

      The conference agreement includes $15,750,983,000 for 
Education for the Disadvantaged. The conference agreement 
provides $4,909,806,000 in fiscal year 2012 and $10,841,177,000 
in fiscal year 2013 funding for this account.
      For Title I School Improvement Grants, the conference 
agreement continues bill language permitting fiscal year 2012 
appropriations to be used by local educational agencies to 
serve any Title I, part A-eligible school that has not made 
adequate yearly progress for at least two years or is in a 
State's lowest quintile of performance based on proficiency 
rates and, in the case of secondary schools, priority shall be 
given to those schools with graduation rates below 60 percent.
      The conference agreement includes language permitting the 
Secretary to establish a maximum subgrant size of $2,000,000 
for Title I School Improvement Grants and allows the Secretary 
to reserve up to 5 percent of school improvement funds for 
State and local capacity building.
      The conferees note that many children in schools 
receiving SIG funds face myriad personal, familial, and 
community challenges (including poverty-related stressors), and 
these challenges follow students into their schools, often 
resulting in distracting, disruptive, and ineffective learning 
environments. Even the best school leaders and teachers cannot 
achieve optimal results unless poverty-related barriers to 
teaching, learning, and school organization are addressed and 
effective conditions for learning are established. These 
barriers to teaching and learning must be addressed in addition 
to in-school factors in order to achieve sustained academic 
success.
      The conferees direct the Department to require that all 
schools receiving SIG funds have a plan in place for addressing 
the academic and non-academic needs of their students, 
including improving the overall school climate where necessary, 
in addition to addressing factors such as the usage of time, 
instructional practices, and professional development and 
supports. The conferees expect the plan to assess and address 
as appropriate the mental health needs and interventions of the 
students at the school in an integrated manner within the 
overall turnaround strategy; related training and professional 
development for all staff that increase classroom efficacy such 
as classroom organization and management, including teachers 
and administrators; access to school-based counseling services; 
the development of school-based systems, such as teams, to 
identify and address individual student academic, behavioral, 
health, or social needs and to support a positive and 
developmentally appropriate school climate; and how parents, 
families and the community will be engaged in this and other 
aspects of the school turnaround process.
      For the Striving Readers program, the conference 
agreement includes $160,000,000 and bill language to continue a 
comprehensive literacy program for States.

                               Impact Aid

      The conference agreement includes $1,293,631,000 for 
Impact Aid. In addition, the conference agreement includes bill 
language providing for competitive grants for Impact Aid 
construction grants.

                      School Improvement Programs

      The conference agreement includes $4,550,018,000 for the 
School Improvement Programs account. The conference agreement 
provides $2,868,577,000 in fiscal year 2012 and $1,681,441,000 
in fiscal year 2013 funding for this account.
      Within the amount provided for Teacher Quality State 
Grants, the conference agreement provides a set aside of one 
and one-half percent of funds for competitive awards for 
teacher or principal training or professional enhancement 
activities to national not-for-profit organizations.
      The conference agreement includes bill language that 
allows funds under the Education of Native Hawaiians program to 
be used for construction, renovation, and modernization of any 
elementary school, secondary school, or related structure run 
by the Department of Education of the State of Hawaii that 
serves a predominantly Native Hawaiian student body.
      The conference agreement also includes bill language that 
requires the Alaska Native Education program to be awarded 
without regard to earmarks included in the program's 
authorizing statute. The conference agreement also allows funds 
within this program to be used for construction.
      The conferees intend that in providing the technical 
assistance and guidance described in Senate Report 112-84, the 
Department of Education should not give priority to, show 
preference for, or provide direction about whether communities 
use 21st Century Community Learning Center funds for after 
school, before school, summer school or extended school day 
programs, unless specifically requested by a State or local 
educational agency.
      The conference agreement provides $27,000,000 for the 
Advanced Placement program. The conferees intend that 
$20,000,000 of these funds be used to continue the Advanced 
Placement Test Fee program and that $7,000,000 be used for 
continuation costs for the Advanced Placement Incentive 
Program.

                            Indian Education

      The conference agreement includes $131,027,000 for Indian 
Education.
      The conferees recognize that tribal education departments 
and agencies are uniquely situated at the local level to 
implement innovative education programs to improve Native 
American education. Accordingly, the conference agreement 
includes $2,000,000 under the National Activities line for a 
pilot project to increase the role of tribal education 
departments in Native American education. In the pilot, tribal 
education agencies would directly administer some Elementary 
and Secondary Education Act programs to enter into 
collaborative agreements with States to work closely with 
school districts located on Indian reservations or former 
Indian reservations located in Oklahoma. The conferees expect 
the Department of Education to collaborate with the Bureau of 
Indian Affairs on this effort.

                       Innovation and Improvement

      The conference agreement includes $1,530,429,000 for 
Innovation and Improvement.
      The conference agreement includes $550,000,000 for the 
Race to the Top program and authorizes the Secretary to make 
grants under this authority to local educational agencies. The 
conferees expect that the Secretary will include a robust early 
childhood education component in administering the Race to the 
Top competition. The conference agreement also authorizes the 
Secretary to use up to five percent of funds under the Race to 
the Top and Investing in Innovation authorities for technical 
assistance and evaluation of these programs.
      The conference agreement continues language in the 
Teacher Incentive Fund program that provides for competitive 
grants to implement performance-based compensation systems for 
teachers, principals and other personnel in high-need schools.
      In the charter schools program, the conference agreement 
continues language requiring $23,000,000 to be used to support 
charter school facilities needs. The conference agreement also 
includes language allowing the Secretary to reserve up to 
$55,000,000 to make multiple awards to nonprofit charter 
management organizations and other entities that are not-for-
profit entities for replication and expansion of successful 
charter school models.
      The conference agreement also includes bill language for 
the charter school program requiring the Secretary of Education 
to reserve up to $11,000,000 for national activities for 
technical assistance, evaluation and to make grants to 
authorized public chartering agencies in order to increase the 
number of high-performing charter schools.
      Within FIE, the conference agreement includes funding for 
the following activities in the following amounts:

------------------------------------------------------------------------
                                                            Conference
                     Budget activity                         agreement
------------------------------------------------------------------------
Arts in Education.......................................     $25,000,000
Data Quality and Evaluation.............................       1,300,000
Full Service Community Schools..........................      10,113,000
National Clearinghouse for Educational Facilities.......         733,000
Peer Review.............................................         100,000
------------------------------------------------------------------------

      The conference agreement also includes $28,654,000 for a 
literacy initiative within FIE as described in Senate Report 
112-84.

                 Safe Schools and Citizenship Education

      The conference agreement includes $256,237,000 for Safe 
Schools and Citizenship Education. Within this total, 
$60,000,000 is provided for Promise Neighborhoods with funding 
available through December 31, 2012.

                      English Language Acquisition

      The conference agreement includes $733,530,000 for 
English Language Acquisition.

                           Special Education

      The conference agreement includes $12,647,066,000 for 
Special Education. The conference agreement provides 
$3,363,683,000 in fiscal year 2012 and $9,283,383,000 in fiscal 
year 2013 funding for this account.
      The conference agreement includes $2,000,000 to remain 
available through September 30, 2013 for a program to improve 
the outcomes of children receiving Supplemental Security Income 
(SSI) benefits and their families. The agreement allows States 
to subgrant funds to other public and private non-profit 
entities. The conferees note that additional funds for this 
PROMISE initiative are available through the Rehabilitation 
Services and Disability Research Account and Social Security 
Administration.

            Rehabilitation Services and Disability Research

      The conference agreement includes $3,512,019,000 for 
Rehabilitation Services and Disability Research.
      The conference agreement includes language allowing the 
Secretary to use amounts that remain available after 
reallotment of State vocational rehabilitation funds for 
activities to improve the outcomes of children receiving SSI 
benefits and their families, allows States to make subgrants of 
such funds to other public and private, non-profit entities and 
extends availability of these funds to September 30, 2013.
      The conference agreement provides $2,000,000 for 
competitive grants to support alternative financing programs 
that provide for the purchase of assistive technology (AT) 
devices. The conferees' goal in providing these funds is to 
allow greater access to affordable financing to help people 
with disabilities purchase the specialized technologies needed 
to live independently, to succeed at school and work and to 
otherwise live active and productive lives. The conferees 
intend that applicants incorporate credit building activities 
in their programs, including financial education and 
information about other possible funding sources. Successful 
applicants must emphasize consumer choice and control and build 
programs that will provide financing for the full array of AT 
devices and services and ensure that all people, regardless of 
type of disability or health condition, age, level of income 
and residence have access to the program.

           Special Institutions for Persons With Disabilities

               NATIONAL TECHNICAL INSTITUTE FOR THE DEAF

      The conference agreement includes $65,546,000 for 
operations for the National Technical Institute for the Deaf. 
The conferees have consolidated funds into the operations line 
for NTID this year due to fiscal constraints, but will consider 
construction funding for NTID in the future as needs may 
warrant.

                          GALLAUDET UNIVERSITY

      The conference agreement includes $125,754,000 for 
Gallaudet University. The conference agreement includes bill 
language designating $7,990,000 of this amount for construction 
and provides that the funds are available until expended.

                 Career, Technical, and Adult Education

      The conference agreement includes $1,738,946,000 for 
Career, Technical, and Adult Education. The conference 
agreement provides $947,946,000 in fiscal year 2012 funding and 
$791,000,000 in fiscal year 2013 funding for this account.

                      Student Financial Assistance

      The conference agreement includes $24,538,521,000 for 
Student Financial Assistance.
      The conference agreement includes $22,824,000,000 for the 
Pell Grant program. The funds in this conference agreement will 
support a $4,860 maximum discretionary Pell grant for the 2012-
2013 award year.
      The conferees concur that the Department shall provide 
the same funding in fiscal year 2012 for the Work Colleges 
program authorized under section 448 of the Higher Education 
Act from the Federal Work-Study Program appropriation.

                       Student Aid Administration

      The conference agreement includes $1,045,363,000 for 
student aid administration. Within the total, $370,000,000 is 
provided for servicing activities and $675,363,000 is provided 
for salaries and expenses to remain available until September 
30, 2013.
      The conferees direct the Department to provide a report 
by April 1, 2012 and quarterly reports thereafter detailing 
their obligation plan by quarter for spending mandatory and 
discretionary funding for student aid administrative activities 
broken out by servicer, activity and funding source.

                            Higher Education

      The conference agreement includes $1,873,196,000 for 
Higher Education.
      The conference agreement provides $74,177,000 for 
International Education and Foreign Language Studies. The 
conferees acknowledge that funding provided in the conference 
agreement for international education will likely only allow 
funding for continuation costs. The conferees encourage the 
Department to look for ways to support undergraduate study 
abroad programs as authorized by section 604 of the Higher 
Education Act (HEA).
      The conference agreement includes language that allows 
international education funds to be used to support visits and 
study in foreign countries to develop language skills and 
allows up to one percent of international education funds to be 
used for evaluation, outreach and information dissemination. 
The conferees direct the Secretary to use international 
education domestic program funding to maintain a focus on 
continuing instruction in foreign languages that are less 
commonly taught, emphasize those critical for national 
security, and to maintain a pool of international experts for 
national security needs.
      The conference agreement continues language that requires 
recipients of a multi-year award under the tribal colleges 
program to continue to receive the amount they would have 
received prior to the Higher Education Act's reauthorization in 
accordance with the original award terms.
      The conference agreement includes language which 
consolidates the Javits Fellowship program within the Graduate 
Assistance in Areas of National Need Program as proposed by the 
Administration.
      Within the amount for FIPSE, the conference agreement 
includes $1,130,000 for the Training for Realtime Writers 
program. The conferees direct that these funds be awarded in 
accordance with section 872 of the HEA.
      Within the amount for FIPSE, $2,103,000 is included for 
the European Union-United States Atlantis Program. The 
conferees direct that these funds be awarded in accordance with 
section 744 of the HEA.
      Within the amount for FIPSE, $267,000 is for continuation 
of a data contract.
      The conferees continue to be concerned with the tardiness 
of the Department in making TRIO and GEARUP awards this year. 
Accordingly, the conferees direct the Department to provide a 
report to the Committees on Appropriations of both the House 
and the Senate outlining the causes of grant award delays and 
providing an action plan for remedying this situation in the 
future.

                           Howard University

      The conference agreement provides $234,507,000 for 
support for Howard University and Howard University Hospital.

  Historically Black College and University Capital Financing Program

      The conference agreement includes $20,541,000 for the 
HBCU Capital Financing Program. The conference agreement 
provides a total loan principal of $367,255,000 and includes 
language to allow funds to be used to support loans without 
regard to section 344(a) of the Higher Education Act.

                    Institute of Education Sciences

      The conference agreement includes $594,788,000 for the 
Institute of Education Sciences to remain available through 
fiscal year 2013. The agreement provides $11,000,000 for awards 
to public or private organizations or agencies to support 
activities to improve data coordination, quality and use at the 
local, State and national levels and modifies language to 
clarify that funds for statewide data systems may be used to 
link various State systems together.

                        Departmental Management

                         PROGRAM ADMINISTRATION

      The conference agreement includes $447,104,000 for 
Program Administration.
      The conferees are aware that the Government 
Accountability Office issued a report this year which 
identified 82 federal programs designed to improve teacher 
quality spread across several federal agencies, including 64 at 
the Department of Education. The conferees note that the report 
``recognize[d] that there could be instances where some degree 
of program duplication, overlap, or fragmentation may be 
warranted due to the nature or magnitude of the federal 
effort''. The conferees also note that under the fiscal year 
2011 bill and this conference agreement nearly 25 percent of 
the identified programs within the Department have been 
consolidated or eliminated.The conferees request the Department 
to issue a report within 180 days of enactment of this Act that 
identifies remaining programs designed to improve teacher 
quality, which agency administers the program, the most recent 
program evaluation data available for each (if any), and 
includes recommendations on how agencies can better collaborate 
and coordinate on administration of these programs.

                           General Provisions

                           TRANSFER OF FUNDS

      The conference agreement includes language allowing the 
Secretary to transfer not to exceed one percent of appropriated 
funds between appropriations, provided that no appropriation is 
increased by more than three percent as a result of such 
transfer, and that no new programs are created, nor programs 
for which funds were not appropriated are funded, as a result 
of such transfer. The conference agreement also requires the 
Secretary to notify the Committees on Appropriations of both 
the House and the Senate at least 15 days in advance of any 
transfer.

                   OUTLYING AREAS FUNDS CONSOLIDATION

      The conference agreement includes a general provision 
that extends Palau's eligibility to participate in certain 
education programs through the end of fiscal year 2012.

                            PELL ELIGIBILITY

      The conference agreement includes changes to limit the 
number of full-time equivalent Pell grants to a lifetime 
maximum of six years/twelve semesters; to lower the adjusted 
gross income level at which an expected family contribution 
will automatically receive a ``zero'' to $23,000; to raise the 
minimum award for eligibility to ten percent of the maximum 
award; and to require students to either have completed a high 
school diploma, a GED, or have been homeschooled to be eligible 
for a Pell award, unless they were enrolled prior to July 1, 
2012. The conference agreement further provides that these 
provisions will take effect on July 1, 2012 and that negotiated 
rulemaking will not apply to changes made by these amendments.

                      INTEREST SUBSIDY ELIMINATION

      The conference agreement includes language that suspends 
for two years the interest subsidies on loans made on or after 
July 1, 2012 through June 30, 2014 during the six-month grace 
period following a student's withdrawal or graduation.

                           STUDENT LOAN INDEX

      The conference agreement includes language that changes 
the index used for holders of federal student loans from 
commercial paper to LIBOR.

                   HBCU GULF HURRICANE DISASTER LOANS

      The conference agreement includes language that 
authorizes the Secretary to modify terms of Gulf hurricane 
disaster loans to HBCUs if such modifications result in no net 
cost to the government and if such modifications are approved 
by the Departments of Education, Treasury and the Office of 
Management and Budget.

                 RACE TO THE TOP SUBGRANTING AUTHORITY

      The conference agreement includes language that clarifies 
that a State may make subgrants to public or private agencies 
and organizations under the early childhood component of the 
Race to the Top program. Not later than 60 days after enactment 
of this Act, the conferees direct the Department to provide a 
briefing on expected outcomes of grantees awarded funds from 
the fiscal year 2011 Race to the Top appropriation, including 
specifically how this subgranting authority will contribute to 
the successful implementation of State plans.

                                TITLE IV

                            RELATED AGENCIES

 Committee for Purchase From People Who Are Blind or Severely Disabled

      The conference agreement includes $5,385,000 for the 
Committee for Purchase from People Who Are Blind or Severely 
Disabled.

             Corporation for National and Community Service

                           OPERATING EXPENSES

      The conference agreement includes $751,672,000 for the 
operating expenses of the programs administered by the 
Corporation for National and Community Service (CNCS).
      Within the total provided for Innovation, Assistance, and 
Other Activities, the conference agreement includes 
$53,381,000, which includes $44,900,000 for the Social 
Innovation Fund, $3,992,000 for the Volunteer Generation Fund, 
and $1,000,000 for the Martin Luther King Day of Service. The 
conferees have included language allowing CNCS to make minimum 
grants of $200,000 to State Service Commissions to spread 
funding more equitably across the Nation.

                         NATIONAL SERVICE TRUST

                     (INCLUDING TRANSFER OF FUNDS)

      The conference agreement includes $212,198,000 for the 
National Service Trust.

                         SALARIES AND EXPENSES

      The conference agreement includes $83,000,000 for the 
CNCS Salaries and Expenses.

                           INSPECTOR GENERAL

      The conference agreement includes $4,000,000 for the CNCS 
Inspector General Office.

                       ADMINISTRATIVE PROVISIONS

      The conferees have included a new provision that 
clarifies the use of Education Awards at G.I. Bill institutions 
related to CNCS.

                  Corporation for Public Broadcasting

      The conference agreement includes a fiscal year 2014 
advance appropriation of $445,000,000 for the Corporation for 
Public Broadcasting (CPB).
      In addition, the conferees request CPB provide a report 
within 180 days of enactment to House and Senate Committees on 
Appropriations on alternative sources of funding for public 
broadcasting stations in lieu of federal funding.

               Federal Mediation and Conciliation Service

                         SALARIES AND EXPENSES

      The conference agreement includes $46,250,000 for the 
Federal Mediation and Conciliation Service and does not include 
funding for the Labor-Management Cooperation Grant program.

            Federal Mine Safety and Health Review Commission

                         SALARIES AND EXPENSES

      The conference agreement includes $17,637,000 for the 
Federal Mine Safety and Health Review Commission.

                Institute of Museum and Library Services

    OFFICE OF MUSEUM AND LIBRARY SERVICES: GRANTS AND ADMINISTRATION

      The conference agreement includes $232,393,000 for the 
Institute of Museum and Library Services (IMLS).
      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 constraints on available resources, 
the conferees are concerned that SSA faces continued service 
delivery challenges in the coming decades. Therefore, the 
conferees provide SSA with up to $500,000 to contract with the 
National Academy of Public Administration to develop and submit 
a report proposing a long-range strategic plan for SSA's 
consideration. This report shall be conducted in consultation 
with SSA and its stakeholders and address the following: an 
evaluation of SSA's existing organizational structure, 
workforce capacity, physical infrastructure and review of SSA's 
electronic service delivery and investment in automation and 
information technology. The report shall be submitted within 
180 days of enactment to the House and Senate Committees on 
Appropriations, the House Committee on Ways and Means and the 
Senate Committee on Finance.
      Annual Social Security Statement Review.--The conferees 
note the public value of the annual Social Security statement. 
The conferees encourage the Commissioner to examine a broad 
range of options for continuing to provide the information 
included in the annual statement to the public and request a 
report no later than March 2012 to examine options to continue 
to do so. The report should examine the advantages and 
disadvantages, costs, benefits, and other potential 
implications to each method considered. The conferees request 
the Commissioner submit the report to the House and Senate 
Committees on Appropriations, the House Committee on Ways and 
Means and the Senate Committee on Finance.
      DOL and SSA Occupational Handbook.--The conferees 
appreciate the steps SSA has taken to update occupational 
information used by the SSA to adjudicate claims for disability 
benefits. The conferees urge DOL and SSA to continue to work 
together on this effort and submit a joint report to the House 
and Senate Committees on Appropriations, the House Committee on 
Ways and Means, and the Senate Committee on Finance with a 
timeline, major milestones, and projected 5-year costs of this 
project within 180 days of enactment of this bill and to 
provide annual progress reports thereafter.
      Budget Request.--The conferees direct SSA to include the 
following information in its annual budget requests, operating 
plans, and reprogramming requests:
      SSI Extramural Research and Demonstration program, 
project, and activity details;
      Annual fiscal year workload table on disability appeals 
at the same level of detail as provided in the House fiscal 
year 2011 questions for the record;
      Annual performance targets for pending cases and 
processing times for the reconsideration level of appeal;
      Updates on the new national data center project 
milestones and plans to use the projected IT refresh/
replacement, operations, and repair/maintenance funds over the 
next 5 years to outfit the new facility;
      FTE table by major component for the prior actual year at 
the level of detail as answered in the House fiscal year 2011 
hearing question for the record; and
      Identification of key assumption and cost drivers for 
each program.
      The conferees note the required operating plan and 
reprogramming rules in the bill apply to SSA at the program, 
project, and activity level for all funds provided.

                    OFFICE OF THE INSPECTOR GENERAL

                     (INCLUDING TRANSFER OF FUNDS)

      The conference agreement includes $102,477,000 for the 
SSA Office of the Inspector General (OIG).
      Video Technology.--The conferees note the recent 
Administrative Conference of the United States report that 
referred to ODAR's use of video technology as a model for other 
agencies. The conferees request a report by OIG within 180 days 
of enactment analyzing legislative and administrative options, 
including potential challenges, for expanding access to video 
hearings. The report should analyze the costs and benefits to 
the claimant, claimant representatives, and taxpayers related 
to the current use and potential expansion of the use of video 
hearings by SSA. The report should be sent to the House and 
Senate Appropriations Committees, the House Committee on Ways 
and Means and the Senate Committee on Finance.

                                TITLE V

                           GENERAL PROVISIONS

                          LOBBYING RESTRICTION

      The conference agreement modifies a general provision 
related to lobbying.

                       STATUS OF FUNDS REPORTING

      The conference agreement includes a general provision 
that requires the Departments of Labor, Health and Human 
Services, and Education and the Social Security Administration 
to report quarterly on unobligated balances, by source year, 
beginning on October 1, 2012. The conferees direct the 
Departments of Labor, Health and Human Services, and Education 
and the Social Security Administration to continue providing 
quarterly status of funds reports as have been provided during 
fiscal year 2011.

[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]

        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/   allowance    10/1/2011    10/1/2011
                                                               1/2011       10/1/2011
----------------------------------------------------------------------------------------------------------------
Colorado.................................................      2,431,275       477,874      180,096    3,089,245
----------------------------------------------------------------------------------------------------------------

                        HOUSE OF REPRESENTATIVES

      The conferees agree to appropriate $1,225,680,000 for 
House operations. This item relates solely to the House, and is 
in accordance with long practice under which each body 
determines its own housekeeping requirements and the other 
concurs without intervention.

               Security in Congressional District Offices

      The conferees are aware of efforts underway by the House 
Sergeant At Arms (HSAA) and the Capitol Police (USCP) to 
improve security in Congressional district offices. With the 
assistance of the HSAA and USCP, many Member offices had 
security assessments conducted and were provided a list of 
recommended security upgrades as a result of those assessments. 
Member offices currently pay for their office leases, including 
physical security, through their office budgets, also called 
the Members' Representational Allowance, which have been 
reduced. While the payment for district security is 
decentralized, the guiding principles and policies should not 
be. Therefore, the HSAA, along with USCP, shall assist offices 
in prioritizing improvements and highlighting alternative 
office locations that yield greater security with less cost. In 
addition the House's Chief Administrative Officer is directed 
to provide outreach to Member offices and offer assistance in 
lease negotiations as Member offices look to relocate or 
negotiate more favorable terms that incorporate heightened 
security concerns.

                              JOINT ITEMS

                        JOINT ECONOMIC COMMITTEE

      The conference agreement includes $4,203,000 for salaries 
and expenses.

            JOINT COMMITTEE ON INAUGURAL CEREMONIES OF 2013

      The conference agreement includes $1,237,000 for salaries 
and expenses associated with conducting the inaugural 
ceremonies of the President and Vice President of the United 
States.

                      JOINT COMMITTEE ON TAXATION

      The conference agreement includes $10,004,000 for 
salaries and expenses.

                   OFFICE OF THE ATTENDING PHYSICIAN

      The conference agreement includes $3,400,000.

             OFFICE OF CONGRESSIONAL ACCESSIBILITY SERVICES

      The conference agreement includes $1,363,000.

                        ADMINISTRATIVE PROVISION

      The conferees have included an administrative provision 
which authorizes employees of the Office of Congressional 
Accessibility Services to participate in the Senate employee 
student loan repayment program.

                             CAPITOL POLICE

                                SALARIES

      The conference agreement includes $277,133,000 for 
salaries of officers, members, and employees of the Capitol 
Police. This level will support a staffing level of 1,775 sworn 
officers and 370 civilian personnel.

                            GENERAL EXPENSES

      The conference agreement includes $63,004,000 for general 
expenses of the Capitol Police.

               Workforce Management/Mission Requirements

      The conferees support the directive contained in House 
Report 112-148 regarding workforce management and mission 
requirements in lieu of the directive in Senate Report 112-80.

                                Overtime

      The conferees recommend no more than 634,667 hours of 
additional duty in fiscal year 2012 as depicted below. The 
conferees direct that the Department report on the expenditure 
of overtime within individual accounts by pay period to the 
House and Senate Committees on Appropriations, and that the 
Committees are notified prior to any transfer within accounts, 
including the associated hours of additional duty.

------------------------------------------------------------------------
                                              Funding      Hours (est.)
------------------------------------------------------------------------
Scheduled...............................     $28,915,170         503,364
Annualization of overtime savings.......       (700,370)               0
Unscheduled.............................       1,141,850          20,000
DPD.....................................         876,018          15,326
Conventions.............................       1,626,240          28,000
Training................................       1,371,840          24,000
LOC--non-reimbursable events............         214,896           3,700
Dome Skirt..............................       1,853,739          31,917
Red Tunnel Project......................         485,548           8,360
Dome Skirt and other project re-               (677,000)               0
 estimations............................
                                         -------------------------------
    Total...............................     $35,107,931         634,667
------------------------------------------------------------------------

                           Threat Assessment

      The conferees understand that the Capitol Police conduct 
many different types of threat assessments and direct the Chief 
of Police to work with the House and Senate Committees on 
Appropriations to develop methods of updating the Committees on 
threat assessment activities.

                       ADMINISTRATIVE PROVISIONS

                     (INCLUDING TRANSFER OF FUNDS)

      The conferees have included a routine administrative 
provision, section 1101, which continues authorization for 
transfers between various accounts upon the approval of the 
Committees on Appropriations of the House and Senate. The 
conferees have also included an administrative provision, 
section 1102, which authorizes the Secretary of the Senate and 
the Chief Administrative Officer of the House to waive 
erroneous payments to officers and employees.

                          OFFICE OF COMPLIANCE

                         SALARIES AND EXPENSES

      The conference agreement includes $3,817,000, of which 
$700,000 shall remain available until September 30, 2013 for 
salaries and expenses of the Office of Compliance.

                      CONGRESSIONAL BUDGET OFFICE

                         SALARIES AND EXPENSES

      The conference agreement includes $43,787,000 for 
salaries and expenses of the Congressional Budget Office.

                        ARCHITECT OF THE CAPITOL

                         GENERAL ADMINISTRATION

      The conference agreement includes $101,340,000 for 
General Administration, of which $3,749,000 shall remain 
available until September 30, 2016.
      With respect to operations and projects, the House and 
Senate conferees have agreed to the following:

Operating Budget........................................     $97,591,000
Project Budget:
    1. Energy Savings Performance Contracts (ESPC)......       2,700,000
    2. Senate Reception Room............................         550,000
    3. Conservation of Fine Architectural Art...........         499,000
                    --------------------------------------------------------
                    ____________________________________________________
Total, General Administration...........................    $101,340,000

                        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 Garage................................      18,000,000
    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, HOB..........................................       5,000,000
    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 III TJB.....................................       4,100,000
    2. Egress Improvements..............................       1,126,000
    3. Generator Replacement JAB........................       5,000,000
    4. Secured Storage Facilities, Phase III............       2,000,000
    5. East and West Pavilion Copper Roof and Fall 
      Protection Replacement, Design....................         309,000
    6. Air Handling Unit Replacement and Hazardous 
      Materials Abatement, TJB..........................       2,047,000
    7. Fall Protection..................................       4,034,000
    8. ABA Space Reorganization, JMMB...................         500,000
    9. Minor Construction...............................       2,000,000
                    --------------------------------------------------------
                    ____________________________________________________
Total, Library Buildings and Grounds....................     $46,876,000

             CAPITOL POLICE BUILDINGS, GROUNDS AND SECURITY

      The conference agreement includes $21,500,000 for Capitol 
Police Buildings, Grounds and Security. Of this amount, 
$3,473,000 shall remain available until September 30, 2016.
      With respect to operations and projects, the conferees 
have agreed to the following:

Operating Budget........................................     $18,027,000
Project Budget:
    1. Fire Alarm System Replacement, Headquarters......       2,473,000
    2. Minor Construction...............................       1,000,000
                    --------------------------------------------------------
                    ____________________________________________________
Total, Capitol Police Buildings, Grounds and Security...     $21,500,000

                             BOTANIC GARDEN

      The conference agreement includes $12,000,000 for 
salaries and expenses, Botanic Garden.

                         CAPITOL VISITOR CENTER

      The conference agreement includes $21,276,000 for the 
Capitol Visitor Center (CVC).

                             CVC GIFT SHOP

      The conferees note that the CVC gift shop operating 
budget exceeds the revenues generated within the gift shop 
revolving fund. The conferees understand that there are 
mitigating circumstances such as ``Buy American'' requirements 
that account for the CVC gift shop operating differently than 
other gift shops, such as the Library of Congress gift shop. 
Given that the CVC gift shop has been operating for a few 
years, the conferees believe it would be beneficial at this 
juncture for the AOC to review and report on the operations and 
steps that can be taken to improve operations within the 
revolving fund understanding the distinctive parameters under 
which the CVC gift shop operates. This report should be 
provided to the Committee on Appropriations of the House and 
Senate no later than March 31, 2012.

                       ADMINISTRATIVE PROVISIONS

                     (INCLUDING TRANSFER OF FUNDS)

                      REIMBURSABLE OVERTIME COSTS

      The conference agreement includes an administrative 
provision, section 1201, which authorizes the Architect of the 
Capitol to reimburse the Capitol Police for the cost of 
overtime associated with construction projects.
      The conferees direct the Architect of the Capitol and the 
United States Capitol Police to enter into a memorandum of 
understanding to establish the appropriate mechanisms necessary 
to implement this reimbursable process. The memorandum of 
understanding shall include, but not be limited to, the 
identification of the type and scope of construction projects 
subject to reimbursement, the projected overtime and related 
benefits costs for security requirements necessitated by a 
specific project before the project commences, and the 
reporting to the Architect of the Capitol actual costs for 
reimbursement on a regular basis during and upon completion of 
a security project. It is the conferees intent that this 
practice will 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, and resolutions, 
section 211 related to delivery of printed copies of the 
Congressional Record being delivered to a Member's 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.

        Reprogramming 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 
FTEs 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.

[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]

  DIVISION H--MILITARY CONSTRUCTION AND VETERANS AFFAIRS AND RELATED 
                   AGENCIES APPROPRIATIONS ACT, 2012

      Matters Addressed by Only One Committee.--The language 
and allocations set forth in House Report 112-94 and Senate 
Report 112-29 should be complied with unless specifically 
addressed to the contrary in the conference agreement and this 
explanatory statement. Report language included by the House, 
which is not changed by the report of the Senate or this 
explanatory statement, and Senate report language, which is not 
changed by this explanatory statement, is approved by the 
Committees on Appropriations of both Houses of Congress. This 
explanatory statement, while repeating some report language for 
emphasis, does not intend to negate the language referred to 
above unless expressly provided herein. In cases where the 
House or the Senate has directed the submission of a report, 
such report is to be submitted to both Houses of Congress. 
House or Senate reporting requirements with deadlines prior to, 
or within 15 days after, enactment of the conference agreement 
shall be submitted no later than 60 days after enactment of 
this Act. All other reporting deadlines not changed by this 
explanatory statement are to be met.

                                TITLE I

                         DEPARTMENT OF DEFENSE

                       ITEMS OF GENERAL INTEREST

      Reprogramming Guidelines.--The following reprogramming 
guidelines apply for all military construction and family 
housing projects. A project or account (including the sub-
elements of an account) which has been specifically reduced by 
the Congress in acting on the budget request is considered to 
be a congressional interest item and as such, prior approval is 
required. Accordingly, no reprogrammings to an item 
specifically reduced below the threshold by the Congress are 
permitted, except that the Department of Defense may seek 
reprogrammings for appropriated increments.
      The reprogramming criteria that apply to military 
construction projects (25 percent of the funded amount or 
$2,000,000, whichever is less) continue to apply to new housing 
construction projects and to improvements over $2,000,000. To 
provide the services the flexibility to proceed with 
construction contracts without disruption or delay, the costs 
associated with environmental hazard remediation such as 
asbestos removal, radon abatement, lead-based paint removal or 
abatement, and any other legislated environmental hazard 
remediation may be excluded, provided that such remediation 
requirements could not be reasonably anticipated at the time of 
the budget submission. This exclusion applies to projects 
authorized in this budget year, as well as projects authorized 
in prior years for which construction has not been completed. 
Planning and design costs associated with military construction 
and family housing projects may also be excluded from these 
guidelines. In instances where prior approval to a 
reprogramming request for a project or account has been 
received from the Committees on Appropriations, the adjusted 
amount approved becomes the new base for any future increase or 
decrease via below-threshold reprogrammings (provided that the 
project or account is not a congressional interest item as 
defined above).
      In addition to these guidelines, the services are 
directed to adhere to the guidance for military construction 
reprogrammings and notifications, including the pertinent 
statutory authorities contained in DOD Financial Management 
Regulation 7000.14-R and relevant updates and policy memoranda. 
The conferees encourage the Office of the Director of National 
Intelligence to use a format similar to that used by the Office 
of the Secretary of Defense to submit reprogramming requests.
      Incrementally Funded Projects.--The conferees note that 
the Administration requested several large military 
construction projects that can be incrementally funded, but 
were instead submitted as large single-year requests, in 
accordance with a directive from the Office of Management and 
Budget to the Department of Defense to severely restrict the 
use of incremental funding for military construction. The 
Committees on Appropriations of both Houses of Congress have 
previously notified the Administration that they reserve the 
prerogative to provide incremental funding where appropriate, 
in accordance with authorizing legislation. The conferees 
continue to believe that military construction projects should 
be fully funded or separated into stand-alone phases when 
practical. In some cases, however, incremental funding makes 
fiscal and programmatic sense. The conference agreement 
therefore incrementally funds the following projects: Aviation 
Complex Phase 3A, Fort Wainwright, Alaska; Mountainview 
Operations Facility, Buckley AFB, Colorado; Hospital 
Replacement, Increment 3, Fort Bliss, Texas; Ambulatory Care 
Center Phase 3, Joint Base San Antonio, Texas; STRATCOM 
Replacement Facility, Increment 1, Offutt AFB, Nebraska; Data 
Center, Increment 3, Camp Williams, Utah; Ambulatory Care 
Center, Ph 3, Joint Base Andrews, Maryland; and Strike Fuel 
Systems Maintenance Hanger, Anderson AFB, Guam.
      Quarterly Summary of Notifications.--The conferees direct 
the services and the Office of the Secretary of Defense (on 
behalf of itself and Defense agencies) to continue to submit a 
quarterly report listing all notifications, to include bid 
savings by service and Defense agencies, that have been 
submitted to the Committees during the preceding three-month 
period.
      Report on Design Obligations.--The conferees direct that 
the Secretary of Defense, and the secretaries of the Army, 
Navy, and Air Force, each submit separate semi-annual reports 
on the obligation and expenditure of planning and design funds. 
The Secretary of Defense's report shall cover Military 
Construction, Defense-Wide, and the reports by the Army, Navy, 
and Air Force shall cover active, guard, and reserve military 
construction accounts. Each report shall provide data on the 
total amount available from each and all fiscal years for 
planning and design activities, as well as the amounts 
currently obligated and expended. The reports shall be 
submitted no later than 30 days following the end of the second 
and fourth quarters of fiscal year 2012 and semi-annually no 
later than 30 days following the second and fourth quarters of 
each fiscal year thereafter.
      Quadrennial Defense Review/Nuclear Posture Review (QDR/
NPR).--The conference agreement does not reference language 
requiring the Secretary of Defense to submit a report regarding 
future funding for the QDR/NPR programs because the reporting 
requirement has already been fulfilled.
      Army Stationing in Europe.--In order to better understand 
future requirements for U.S. military construction in Germany 
in light of current and projected realignment activities, the 
conferees direct that no later than 90 days after enactment of 
this Act, the Secretary of Defense shall provide a report, in 
writing, on installations and properties in Germany that the 
Department of Defense intends to return to the host nation. 
This report should include (1) intended timelines for closures 
of U.S. Army installations along with a list of military 
construction projects required at other installations to 
facilitate the downsizing and consolidation of Army forces in 
Germany; (2) identification of the brigade combat team that 
will be withdrawn from Germany; (3) an estimate of costs 
(including operation and maintenance costs and military 
construction costs) to be incurred during fiscal years 2012 
through 2015 in connection with keeping the brigade identified 
in Germany through September 30, 2015, versus stationing a 
similar brigade in the United States; and (4) identification of 
the Army installations in the United States with the 
capability, existing infrastructure, and training facilities to 
support a brigade combat team similar to the one referenced 
above. The report should be submitted to the Committees on 
Appropriations of both Houses of Congress and may include a 
classified annex if necessary.
      Guam Realignment.--The conferees support the 
Administration's focus on strengthening the U.S. military 
posture in the Pacific region. One of the most ambitious 
undertakings by the Department of Defense is the joint U.S.-
Japanese plan to move 8,000 Marines and their families from 
Okinawa to Guam. The conferees note that a number of unforeseen 
obstacles, including lengthy environmental studies, legal 
challenges, and land use issues, have hampered the Department's 
ability to execute planned military construction projects 
associated with the realignment that have been funded in 
previous appropriations bills. In light of these delays, the 
conference agreement does not include funding, as requested, 
for two projects associated with the realignment. The conferees 
encourage the Department to complete the Guam master plan and 
provide a revised cost estimate and timetable for the Guam 
relocation so that the realignment can proceed without further 
delay.

                      MILITARY CONSTRUCTION, ARMY

      The conference agreement appropriates $3,006,491,000 for 
Military Construction, Army, instead of $3,041,491,000 as 
proposed by the House and $3,066,891,000 as proposed by the 
Senate. Within this amount, the agreement provides $229,741,000 
for study, planning, design, architect and engineer services, 
and host nation support, the same amount as proposed by the 
House and Senate.

              MILITARY CONSTRUCTION, NAVY AND MARINE CORPS

      The conference agreement appropriates $2,112,823,000 for 
Military Construction, Navy and Marine Corps, instead of 
$2,436,547,000 as proposed by the House and $2,187,622,000 as 
proposed by the Senate. Within this amount, the agreement 
provides $84,362,000 for study, planning, design, architect and 
engineer services, the same amount as proposed by the House and 
Senate.

                    MILITARY CONSTRUCTION, AIR FORCE

      The conference agreement appropriates $1,227,058,000 for 
Military Construction, Air Force, instead of $1,247,358,000 as 
proposed by the House and $1,227,058,000 as proposed by the 
Senate. Within this amount, the agreement provides $81,913,000 
for study, planning, design, architect and engineer services, 
the same amount as proposed by the House and Senate.

                  MILITARY CONSTRUCTION, DEFENSE-WIDE

                     (INCLUDING TRANSFER OF FUNDS)

      The conference agreement appropriates $3,431,957,000 for 
Military Construction, Defense-Wide, instead of $3,533,757,000 
as proposed by the House and $3,380,917,000 as proposed by the 
Senate. Within this amount, the agreement provides $430,602,000 
for study, planning, design, architect and engineer services, 
the same amount as proposed by the House and Senate.
      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, instead of $186,897,000 as 
proposed by both the House and the Senate.

             FAMILY HOUSING OPERATION AND MAINTENANCE, ARMY

      The conference agreement appropriates $493,458,000 for 
Family Housing Operation and Maintenance, Army instead of 
$494,858,000 as proposed by both the House and the Senate.
      General Officer Flag Officer Quarters.--The conferees 
reduced the request for Family Housing Operation and 
Maintenance by $1,400,000 based on the Secretary of the Army's 
notification that the exterior repairs in Stuttgart, Germany, 
are no longer necessary.

           FAMILY HOUSING CONSTRUCTION, NAVY AND MARINE CORPS

      The conference agreement appropriates $100,972,000 for 
Family Housing Construction, Navy and Marine Corps as proposed 
by both the House and the Senate.

    FAMILY HOUSING OPERATION AND MAINTENANCE, NAVY AND MARINE CORPS

      The conference agreement appropriates $367,863,000 for 
Family Housing Operation and Maintenance, Navy and Marine Corps 
as proposed by both the House and the Senate.

                 FAMILY HOUSING CONSTRUCTION, AIR FORCE

      The conference agreement appropriates $60,042,000 for 
Family Housing Construction, Air Force instead of $84,804,000 
as proposed by both the House and the Senate. The funding 
adjustment was requested by the Air Force to offset a shortfall 
in family housing operation and maintenance funding. To cover 
the shortfall, the Air Force requested the cancellation of a 
family housing construction improvement project at Misawa, 
Japan, resulting in a decrease of $24,762,000 from the budget 
submission.

          FAMILY HOUSING OPERATION AND MAINTENANCE, AIR FORCE

      The conference agreement appropriates $429,523,000 for 
Family Housing Operation and Maintenance, Air Force instead of 
$404,761,000 as proposed by both the House and the Senate. The 
$24,762,000 increase was requested by the Air Force to cover a 
projected shortfall in family housing operation and maintenance 
funding. The funding increase is offset by a corresponding 
reduction of $24,762,000 in Air Force family housing 
construction funding.

         FAMILY HOUSING OPERATION AND MAINTENANCE, DEFENSE-WIDE

      The conference agreement appropriates $50,723,000 for 
Family Housing Operation and Maintenance, Defense-Wide as 
proposed by both the House and the Senate.

         DEPARTMENT OF DEFENSE FAMILY HOUSING IMPROVEMENT FUND

      The conference agreement appropriates $2,184,000 for the 
Department of Defense Family Housing Improvement Fund as 
proposed by both the House and the Senate.

                       HOMEOWNERS ASSISTANCE FUND

      The conference agreement appropriates $1,284,000 for the 
Homeowners Assistance Fund as proposed by both the House and 
the Senate. The conference agreement also includes language 
that the Secretary of Defense shall not issue any regulation or 
otherwise take any action to limit the submission of 
applications prior to September 30, 2012, for benefits, 
including permanent change of station benefits, as provided 
under section 1013 of the Demonstration Cities and Metropolitan 
Development Act of 1966, (42 U.S.C. 3374), as amended.

          CHEMICAL DEMILITARIZATION CONSTRUCTION, DEFENSE-WIDE

      The conference agreement appropriates $75,312,000 for 
Chemical Demilitarization Construction, Defense-Wide as 
proposed by both the House and the Senate.

            DEPARTMENT OF DEFENSE BASE CLOSURE ACCOUNT 1990

      The conference agreement appropriates $323,543,000 for 
the Department of Defense Base Closure Account 1990, as 
proposed by the Senate instead of $373,543,000 as proposed by 
the House.

            DEPARTMENT OF DEFENSE BASE CLOSURE ACCOUNT 2005

      The conference agreement appropriates $258,776,000 for 
the Department of Defense Base Closure Account 2005, as 
proposed by both the House and Senate. The conferees note that 
significant bid savings have been realized in the BRAC 2005 
military construction program, primarily as a result of the 
favorable bid climate over the past several years, and believe 
that these savings should be used to offset current BRAC 2005 
requirements as well as current and projected requirements of 
the Homeowners Assistance Program. The conferees therefore are 
rescinding $258,776,000 from previous BRAC 2005 appropriations 
(Sec. 132 of Administrative Provisions) to offset the fiscal 
2012 request. Additionally, the conferees direct the Department 
to use the transfer authority provided elsewhere in this Act to 
transfer sufficient unobligated balances from the BRAC 2005 
account to the Homeowners Assistance Program to address 
eligible claims for benefits, including permanent change of 
station benefits, submitted through September 30, 2012.
      BRAC 133.--On November 30, 2011, the Department of 
Defense Inspector General (DODIG) released report number DODIG 
2012-024, which found that the Army's transportation management 
plan for Base Closure and Realignment (BRAC) recommendation 
#133 (Mark Center) was based on faulty data, rendering the 
transportation plan's findings and conclusions unreliable. 
Further, the Inspector General found that the traffic studies 
used to develop the plan do not address the totality of issues 
related to site ingress and egress, nor will the plan achieve 
its goal of reducing single-occupancy vehicle utilization. The 
conferees find the analysis as outlined in the DODIG's report 
deeply troubling. Equally troubling is the Army's refusal to 
even consider the DODIG's recommendations.
      In an effort to mitigate traffic congestion surrounding 
the Mark Center site, the conference agreement includes a 
limitation on the number of parking spaces the Department may 
utilize at the Mark Center to no more than 2,000, with the 
exception of disabled parking spaces. The limitation may be 
waived in part, but not in whole, if the Secretary of Defense 
certifies that none of the intersections surrounding the Mark 
Center reach failing levels of service ``e'' or ``f,'' as 
defined by the Transportation Research Board Highway Capacity 
Manual, during a consecutive 90-day period.
      Should the intersections currently undergoing traffic 
monitoring surrounding the Mark Center be deemed as not to have 
reached failing levels of service, the Department of Defense 
(DOD) and the Virginia Department of Transportation (VDOT) must 
agree to the number of additional spaces that may be utilized 
at the Mark Center, which would then be subject to another 90-
day traffic monitoring program. To ensure that the Department 
adequately plans and mitigates traffic generated by the BRAC 
#133 development, the Department is directed to implement the 
DODIG's recommendations outlined in report number DODIG-2012-
024, and certify to Congress not later than 180 days after 
enactment of this Act that the recommendations have been 
implemented.
      The conferees recognize that the employees that work at 
the Mark Center bear no fault in the poor planning and 
execution of the transportation management plan. The conferees 
therefore strongly encourage the Department of Defense to 
examine mandatory commuting alternatives such as telework, 
flexible work schedules, satellite parking facilities with 
dedicated shuttle service to the Mark Center, parking capacity 
at the Pentagon, additional ridesharing and public transit 
incentives and all other means to ensure that Mark Center 
employees can commute to and from work without undue burden.

                       ADMINISTRATIVE PROVISIONS

             (INCLUDING TRANSFERS AND RESCISSIONS OF FUNDS)

      The conference agreement includes section 101 as proposed 
by both the House and the Senate limiting the use of funds 
under a cost-plus-a-fixed-fee contract.
      The conference agreement includes section 102 as proposed 
by both the House and the Senate allowing the use of 
construction funds in this title for hire of passenger motor 
vehicles.
      The conference agreement includes section 103 as proposed 
by both the House and the Senate allowing the use of 
construction funds in this title for advances to the Federal 
Highway Administration for the construction of access roads.
      The conference agreement includes section 104 as proposed 
by both the House and the Senate prohibiting construction of 
new bases in the United States without a specific 
appropriation.
      The conference agreement includes section 105 as proposed 
by both the House and the Senate limiting the use of funds for 
the purchase of land or land easements that exceed 100 percent 
of the value.
      The conference agreement includes section 106 as proposed 
by both the House and the Senate prohibiting the use of funds, 
except funds appropriated in this title for that purpose, for 
family housing.
      The conference agreement includes section 107 as proposed 
by both the House and the Senate limiting the use of minor 
construction funds to transfer or relocate activities.
      The conference agreement includes section 108 as proposed 
by both the House and the Senate prohibiting the procurement of 
steel unless American producers, fabricators, and manufacturers 
have been allowed to compete.
      The conference agreement includes section 109 as proposed 
by both the House and the Senate prohibiting the use of 
construction or family housing funds to pay real property taxes 
in any foreign nation.
      The conference agreement includes section 110 as proposed 
by both the House and the Senate prohibiting the use of funds 
to initiate a new installation overseas without prior 
notification.
      The conference agreement includes section 111 as proposed 
by the Senate establishing a preference for American 
architectural and engineering services for overseas projects. 
The House bill contained a similar provision, but included 
countries within the United States Central Command Area of 
Responsibility.
      The conference agreement includes section 112 as proposed 
by the Senate establishing a preference for American 
contractors in certain locations. The House bill contained a 
similar provision, but included countries within the United 
States Central Command Area of Responsibility.
      The conference agreement includes section 113 as proposed 
by both the House and the Senate requiring congressional 
notification of military exercises when construction costs 
exceed $100,000.
      The conference agreement includes section 114 as proposed 
by both the House and the Senate limiting obligations in the 
last two months of the fiscal year.
      The conference agreement includes section 115 as proposed 
by both the House and the Senate allowing funds appropriated in 
prior years for new projects authorized during the current 
session of Congress.
      The conference agreement includes section 116 as proposed 
by both the House and the Senate allowing the use of expired or 
lapsed funds to pay the cost of supervision for any project 
being completed with lapsed funds.
      The conference agreement includes section 117 as proposed 
by both the House and the Senate allowing military construction 
funds to be available for five years.
      The conference agreement includes section 118 as proposed 
by both the House and the Senate allowing the transfer of 
proceeds between BRAC accounts.
      The conference agreement includes section 119 as proposed 
by both the House and the Senate allowing the transfer of funds 
from Family Housing Construction accounts to the Family Housing 
Improvement Fund.
      The conference agreement includes section 120 as proposed 
by both the House and the Senate allowing transfers to the 
Homeowners Assistance Fund.
      The conference agreement does not include a provision 
proposed by the Senate (Sec. 120) requiring congressional 
notification prior to issuing a solicitation for a contract 
with the private sector for family housing. The House bill 
contained no similar provision.
      The conference agreement includes section 121 as proposed 
by both the House and the Senate limiting the source of 
operation and maintenance funds for flag and general officer 
quarters and allowing for notification by electronic medium.
      The conference agreement includes section 122 as proposed 
by both the House and the Senate extending the availability of 
funds in the Ford Island Improvement Account.
      The conference agreement includes section 123 as proposed 
by both the House and the Senate placing limitations on the 
expenditure of funds for projects impacted by BRAC 2005.
      The conference agreement includes section 124 as proposed 
by both the House and the Senate allowing the transfer of 
expired funds to the Foreign Currency Fluctuations, 
Construction, Defense account.
      The conference agreement includes section 125 as proposed 
by the Senate allowing for the reprogramming of construction 
funds among projects and activities subject to certain 
criteria. The House bill contained a similar provision with an 
additional reporting requirement.
      The conference agreement does not include a provision 
proposed by the House (Sec. 126) rescinding unobligated 
balances available for the Base Realignment and Closure Account 
1990. The Senate bill contained no similar provision.
      The conference agreement includes a modified section 126 
as proposed by the Senate related to the closure of the 
Umatilla Army Chemical Depot. The House bill contained no 
similar provision.
      The conference agreement includes a modified section 127 
as proposed by the House which limits parking at BRAC 133 to 
2,000 spaces and includes other requirements and exemptions. 
The Senate bill contained no similar provision.
      The conference agreement includes section 128 as proposed 
by the Senate restricting the obligation of funds for a 
permanent United States Africa Command headquarters outside of 
the United States until an analysis of all military 
construction costs is submitted to the congressional defense 
committees. The House bill contained no similar provision.
      The conference agreement includes section 129 as proposed 
by the House prohibiting the use of funds for any action 
related to the expansion of Pinon Canyon Maneuver Site, 
Colorado. The Senate bill contained no similar provision.
      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.

[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]

                                TITLE II

                     DEPARTMENT OF VETERANS AFFAIRS

                    VETERANS BENEFITS ADMINISTRATION

                       COMPENSATION AND PENSIONS

                     (INCLUDING TRANSFER OF FUNDS)

      The conference agreement appropriates $51,237,567,000 for 
Compensation and Pensions instead of $58,067,319,000 as 
proposed by both the House and the Senate. The agreement 
reflects new estimates provided in the Administration's mid-
session review. Of the amount provided, not more than 
$32,187,000 is to be transferred to General Operating Expenses, 
Veterans Benefits Administration, Medical Support and 
Compliance, and Information Technology Systems for 
reimbursement of necessary expenses in implementing provisions 
of title 38, as proposed by both the House and the Senate.

                         READJUSTMENT BENEFITS

      The conference agreement appropriates $12,108,488,000 for 
Readjustment Benefits instead of $11,011,086,000 as proposed by 
both the House and the Senate. The agreement reflects new 
estimates provided in the Administration's mid-session review.

                   VETERANS INSURANCE AND INDEMNITIES

      The conference agreement appropriates $100,252,000 for 
Veterans Insurance and Indemnities as proposed by both the 
House and the Senate.

                 VETERANS HOUSING BENEFIT PROGRAM FUND

      The conference agreement appropriates such sums as may be 
necessary for costs associated with direct and guaranteed loans 
for the Veterans Housing Benefit Program Fund, as proposed by 
both the House and the Senate. The agreement limits obligations 
for direct loans to not more than $500,000 and provides that 
$154,698,000 shall be available for administrative expenses, as 
proposed by both the House and the Senate.

            VOCATIONAL REHABILITATION LOANS PROGRAM ACCOUNT

      The conference agreement appropriates $19,000 for the 
cost of direct loans from the Vocational Rehabilitation Loans 
Program Account, plus $343,000 to be paid to the appropriation 
for General Operating Expenses, Veterans Benefits 
Administration, as proposed by both the House and the Senate. 
The agreement provides for a direct loan limitation of 
$3,019,000 as proposed by both the House and the Senate.

          NATIVE AMERICAN VETERAN HOUSING LOAN PROGRAM ACCOUNT

      The conference agreement appropriates $1,116,000 for 
administrative expenses of the Native American Veteran Housing 
Loan Program Account as proposed by both the House and the 
Senate.

                     VETERANS HEALTH ADMINISTRATION

                           AREAS OF INTEREST

      Rural access. The conferees are deeply concerned about 
the difficulties veterans in rural areas face in finding 
appropriate and accessible Department of Veterans Affairs (VA) 
health care. As identified in the House and Senate reports, the 
conferees urge the VA to focus on infrastructure improvements 
at small and mid-sized medical centers, to consider offering 
mobile health services, to promulgate regulations allowing 
veterans service organizations to provide better transportation 
options for rural veterans, and to partner with State and local 
organizations to identify veterans in rural and highly rural 
areas. The conferees also expect to see a long-range strategic 
plan for the Office of Rural Health, as well as that Office's 
response to recommendations in the Inspector General's April 
2011 report. The conferees emphasize that all reports on rural 
access issues requested by either the House or Senate are 
required to be submitted to the Committees on Appropriations of 
the House of Representatives and the Senate (``Committees'') 90 
days after enactment of this Act, as described in the first 
section of this explanatory statement. In addition to the 
strategic plan, the conferees strongly urge the Department to 
improve the accessibility, efficiency, and effectiveness of 
rural healthcare by detailing options available for veterans 
who need to access healthcare from facilities which are ``split 
campus'' models where outpatient care and specialty services 
are not collocated.
      Licensing. The conferees urge the Department of Defense 
(DOD) and the VA to examine ways to eliminate duplicative 
licensing requirements as described in Senate Report 112-29.

                            MEDICAL SERVICES

      The conference agreement appropriates $41,354,000,000 in 
advance for fiscal year 2013 for Medical Services, as proposed 
by both the House and the Senate. The agreement does not extend 
the availability of any of this funding until September 30, 
2014, as proposed by the House. The conferees do not include 
the language proposed by the House limiting the use of 
$664,000,000 of fiscal year 2012 medical services funding to 
the fourth quarter and only once approval is obtained from the 
Committees.
      The conference agreement fully funds the family 
caregivers program at the request level of $248,000,000 for 
fiscal year 2013. The conferees urge the VA to ensure that the 
caregivers program remains a top priority.
      The conference agreement provides sufficient resources to 
fully implement VA homeless assistance programs, including the 
providers grant and per diem, domiciliary care for homeless 
veterans, and the HUD-VA supported housing program. In 
particular, the conferees urge the VA to focus on homeless 
veterans living in rural and highly rural areas.
      The conferees concur with the direction of the House 
regarding an annual report detailing the distribution of 
medical services funding among the Veterans Integrated Service 
Networks, central headquarters, and medical centers.
      The conferees concur with the House report language 
directing the VA not to convert dialysis service from contract-
provided care to in-house care until after completion and 
evaluation of its pilot demonstration. The conferees include an 
exception to this directive if there are any locations where it 
would result in a diminution of clinical care.
      The conferees urge the VA to continue implementation of 
the Integrated Mental Health Strategy.
      The conferees note that VA HIV testing rates 
significantly improved at VA facilities which used a clinical 
reminder to prompt routine HIV testing. The conferees urge the 
VA to employ HIV testing clinical reminders at all VA medical 
centers to accelerate the implementation of routine HIV 
testing, consistent with VHA Directive 2009-036. The conferees 
also encourage the VA to continue to award laboratory and 
clinical grants to implement routine HIV testing.

                     MEDICAL SUPPORT AND COMPLIANCE

      The conference agreement appropriates $5,746,000,000 in 
advance for fiscal year 2013 for Medical Support and 
Compliance, as proposed by both the House and the Senate. The 
agreement does not extend the availability of any of this 
funding until September 30, 2014, as proposed by the House.

                           MEDICAL FACILITIES

      The conference agreement appropriates $5,441,000,000 in 
advance for fiscal year 2013 for Medical Facilities, as 
proposed by both the House and the Senate. The agreement does 
not extend the availability of any of this funding until 
September 30, 2014, as proposed by the House. The conferees 
urge the Department to submit an additional fiscal year 2013 
budget request for Medical Facilities with the submission of 
the 2013 budget to address the need for increased non-recurring 
maintenance funding. Additionally, the conferees direct the 
Department to submit no later than April 6, 2012, a 
comprehensive list by location of all established multi-
specialty outpatient clinics and any proposed to be opened in 
fiscal year 2012.

                    MEDICAL AND PROSTHETIC RESEARCH

      The conference agreement appropriates $581,000,000 for 
Medical and Prosthetic Research as proposed by the Senate 
instead of $530,774,000 as proposed by the House.
      The conferees continue to support the development of 
advanced prosthetic devices and direct that, no later than 90 
days after the enactment of this Act, the Secretary, in 
coordination with the Defense Advanced Research Projects 
Agency, shall submit to the Committees on Appropriations, the 
Committees on Veterans Affairs, and the Committees on Armed 
Services of both Houses of Congress a report on the 
Department's plans to make the next generation of advanced 
prosthetics available for injured veterans and members of the 
Armed Forces. The report shall include the strategic plan and 
timetable to make the next generation prosthetic devices 
available and a description of the challenges (both technical 
and administrative) that could impact the schedule, as well as 
the Department's plans to mitigate these challenges.

                    NATIONAL CEMETERY ADMINISTRATION

      The conference agreement appropriates $250,934,000 for 
the National Cemetery Administration (NCA) as proposed by both 
the House and the Senate. Of the amount provided, $25,100,000 
is available until September 30, 2013, as proposed by both the 
House and the Senate.
      The conferees are concerned that the NCA has failed to 
adequately serve the burial needs the nation's veterans in 
rural areas. The NCA fiscal year 2012 budget submission 
acknowledges that 10 percent of all veterans will not have 
access to a burial option in a national, State or tribal 
cemetery. The majority of these underserved veterans live in 
rural areas, and the conferees are concerned that the NCA's 
Urban Initiative will exacerbate the disparity of burial 
services between urban and rural veterans. The conferees have 
included a provision in the bill prohibiting funds from being 
used to expand the Urban Initiative beyond the sites already 
outlined in the budget until the NCA submits to the Committees 
a detailed strategy to meet the burial needs of veterans 
residing in rural and highly rural areas. The report shall 
include a timeline for implementation of such a strategy and 
cost estimates of establishing new burial sites in at least 
five rural or highly rural locations. This report shall be 
submitted no later than February 6, 2012.
      In the short term, because the Secretary has the 
authority to waive Department guidance establishing a 
population threshold for creating national cemeteries, the 
conferees urge the Secretary to use this waiver authority to 
address the pressing needs for access to VA cemeteries in some 
rural areas.

                      DEPARTMENTAL ADMINISTRATION

                         GENERAL ADMINISTRATION

                     (INCLUDING TRANSFER OF FUNDS)

      The conference agreement appropriates $416,737,000 for 
General Administration, instead of $400,500,000 as proposed by 
the House and $431,257,000 as proposed by the Senate. Of the 
amount provided, $20,837,000 is available for obligation until 
September 30, 2013, instead of $22,144,000 as proposed by the 
House and $21,562,000 as proposed by the Senate. The conference 
agreement includes bill language permitting the transfer of 
funds from this account to ``General Operating Expenses, 
Veterans Benefits Administration'', as proposed by both the 
House and Senate. Bill language is not included to identify 
specific resources to improve acquisition workforce capacity. 
The House and Senate had included such language, but with 
different funding amounts.
      The Administration's budget request proposed that funding 
for administrative expenses associated with executive offices 
be included in a single account with the general operating 
expenses of the Veterans Benefits Administration. The 
conference agreement includes funding for these two distinct 
functions in two separate accounts: General operating expenses, 
Veterans Benefits Administration; and General administration, 
as proposed by both the House and Senate. The conferees believe 
that differences in the mission and purpose of the Department's 
executive offices and the Veterans Benefits Administration 
justify providing funding in two separate accounts. Further, 
separating these two broad categories will provide the Congress 
with greater visibility of budgetary resources and oversight of 
expenditures for these two vital missions.
      The conference agreement includes the following funding 
levels:

                        [In thousands of dollars]
------------------------------------------------------------------------
              Office                  House        Senate     Conference
------------------------------------------------------------------------
The Secretary....................        9,270       10,104       10,085
Board of Veterans Appeals........       78,273       78,006       78,006
General Counsel..................       80,778       84,073       83,099
Management.......................       43,956       45,686       45,598
Human Resources..................       68,590       70,516       70,379
Policy and Planning..............       26,015       26,127       26,015
Operations Security and Prep.....       16,746       19,543       18,510
Public and Intergovernmental            22,079       23,330       23,286
 Affairs.........................
Cong and Legislative Affairs.....        6,065        6,065        6,053
Acquisition, Logistics and              70,728       67,807       55,706
 Construction....................
Undistributed....................      -22,000  ...........  ...........
                                  --------------------------------------
    Total........................      400,500      431,257      416,737
------------------------------------------------------------------------

      The total for the Office of the General Counsel includes 
$1,889,000 for staffing to speed the appeals process and 
regulation promulgation, as requested by the Administration and 
proposed by the Senate. The House had no similar provision.
      Within the total for the Office of Management, the 
conference agreement provides $1,600,000 to conduct audits of 
the Veterans Health Administration Fee Care program, as 
requested by the Administration and proposed by the Senate. The 
House did not include a similar provision. The conferees concur 
in the Fee Care report requirement proposed by the Senate and 
expect the report to be submitted within 90 days of enactment 
of this Act.
      The conferees provide $1,900,000 within the Office of 
Operations, Security and Preparedness to implement the Homeland 
Security Presidential Directive 12 mandate. The Senate provided 
$2,900,000 for this activity, as proposed in the Administration 
request; the House did not provide specific funding. The 
agreement also provides $705,000 to activate the Integrated 
Operations Center and the Capital Region Readiness Center, as 
requested by the Administration and proposed by the Senate. The 
House did not include a similar provision.
      The conference agreement provides $1,150,000 within the 
Office of Public and Intergovernmental Affairs for the tribal 
government outreach and new media offices, as requested by the 
Administration and proposed by the Senate. The House did not 
include similar provisions.
      The conference agreement provides $5,000,000 within the 
Office of Acquisition, Logistics, and Construction for the 2012 
President's acquisition initiative and the facilities 
management transformation. The House provided $20,000,000 for 
these activities; the Senate provided $17,000,000.
      The conferees require the VA to include in budget 
justification documents each year a detailed summary of the 
marketing campaign budget, as proposed in the House report. The 
Senate report did not include a similar requirement.
      The conferees concur in the Senate report directive 
requiring a report on adopting payment recapture audits, with 
the report to be submitted within 90 days of enactment of this 
Act.

      GENERAL OPERATING EXPENSES, VETERANS BENEFITS ADMINISTRATION

      The conference agreement appropriates $2,018,764,000 for 
General Operating Expenses, Veterans Benefits Administration, 
as proposed by the Senate instead of $2,020,128,000, as 
proposed by the House. The agreement makes available not to 
exceed $105,000,000 of this funding until the end of fiscal 
year 2013, as proposed by the Senate, instead of $105,856,000 
as proposed by the House. The conferees concur with Senate 
report language regarding Decision Review Officers.

                     INFORMATION TECHNOLOGY SYSTEMS

      The conference agreement appropriates $3,111,376,000 for 
Information Technology (IT) Systems instead of $3,025,000,000 
as proposed by the House and $3,161,376,000 as proposed by the 
Senate. The agreement follows the Senate format of identifying 
separately in bill language the funding available for pay 
($915,000,000); operations and maintenance ($1,616,018,000); 
and systems development, modernization, and enhancement 
($580,358,000). The Senate bill provided $915,000,000 for pay; 
$1,709,953,000 for operations and maintenance; and $536,423,000 
for development. The House provided all IT funding in one lump 
sum. The agreement also adopts the Senate proposal of making 
$25,000,000 of pay funding available until the end of fiscal 
year 2013; $110,000,000 of operations and maintenance funding 
available until the end of fiscal year 2013; and all IT systems 
development, modernization and enhancement funding available 
until the end of fiscal year 2013. The House proposed to make 
the entire IT appropriation available until the end of fiscal 
year 2013.
      On May 2, 2011, the Secretary of Veterans Affairs and the 
Secretary of Defense entered into an agreement to implement an 
integrated electronic health record (iEHR) system rather than 
pursue separate strategies for modernizing the two existing 
health record systems. The conferees are encouraged by this 
agreement and believe that successful development and 
implementation is crucial for both Departments to continue to 
provide high-quality medical care in the 21st century and to 
enhance seamless transition from active duty to the VA.
      The conferees strongly encourage the Secretaries of the 
Department of Veterans Affairs and the Department of Defense to 
continue to work together throughout the development of this 
new system to ensure an unambiguous and unified message is 
clearly articulated to both Departments. It is imperative the 
new iEHR system be agreed to and driven by senior leadership at 
both Departments to ensure system development is on time and 
within budget.
      Given that the two Departments entered into this 
agreement after the Administration had transmitted the fiscal 
year 2012 budget request to Congress, the VA has had to alter 
its original Information Technology budget submission to 
account for iEHR. According to the VA, the requirement for iEHR 
in fiscal year 2012 is $100,000,000, which includes $73,200,000 
in development funds. The conference agreement fully funds this 
request and includes an updated development chart displaying 
the iEHR development requirement.
      The conferees direct the Department of Veterans Affairs, 
in conjunction with the Department of Defense, to identify the 
timeframe for completion of an integrated electronic health 
record system and develop detailed benchmarks to track 
progress. Additionally, the conferees direct the Office of 
Information Technology to provide quarterly updates on the 
progress of this project to the Committees on Appropriations of 
both Houses of Congress.
      The conference agreement includes language proposed in 
both the House and Senate bills requiring that no IT funding 
may be obligated until the VA submits to the Committees, and 
the Committees approve, an expenditure plan meeting the four 
criteria outlined. The conferees are disturbed that the VA has 
not complied with this language in previous years and expect 
prompt compliance in fiscal year 2012.
      The conference agreement includes bill language proposed 
by the Senate but not the House prohibiting the obligation of 
IT development, modernization, and enhancement funding until 
the VA submits a certification of the amounts to be obligated, 
in part or in full, for each development project.
      The conference agreement includes bill language proposed 
by the Senate but not the House permitting funding made 
available for the three IT subaccounts to be transferred among 
them after the VA requests and receives approval from the 
Committees.
      The conferees include bill language making funds 
available for IT development, modernization, and enhancement 
for the projects and in the amounts specified in the following 
table:

               INFORMATION TECHNOLOGY DEVELOPMENT PROJECTS
                        [In thousands of dollars]
------------------------------------------------------------------------
                                                              Conference
                          Project                             agreement
------------------------------------------------------------------------
Veterans Benefits Management System (VBMS):
    VBMS...................................................       88,870
    Veterans Service Network (VETSNET).....................       17,843
                                                            ------------
        Total VBMS Development.............................      106,713
                                                            ============
Virtual Lifetime Electronic Record (VLER):
    Memorial/Cemeterial Legacy Development.................       10,859
    VISTA Web Performance and User Interface...............          600
    Bidirectional Health Information Exchange..............        3,760
    NHIN Gateway and Adaptor Development...................        8,435
    Veteran Authorization and Policies Development.........        4,100
    VLER Services..........................................        5,200
    Warrior Support/Information Sharing Initiative                 5,000
     Development...........................................
    Warrior Support/VA-DOD Identity Repository Development.        5,000
    Warrior Support/Federal Case Management Tool...........        6,640
                                                            ------------
        Total VLER Development.............................       49,594
                                                            ============
Access to Healthcare:
    Access IT-Program Management Office....................        1,000
    Emergency Department Information System Development....        7,400
    Surgical Quality and Workflow Management Development...       22,200
    Veterans Benefits Handbook Development.................        6,000
    TeleHealth.............................................        3,300
    Bed Management Solution Development....................        3,900
    National Utilization Management Integration Development        1,760
    VPS Kiosk Development..................................        1,700
                                                            ------------
        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.
      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 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.

[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]

                                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.

[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]

   DIVISION I--DEPARTMENT OF STATE, FOREIGN OPERATIONS, AND RELATED 
                   PROGRAMS APPROPRIATIONS ACT, 2012

      In implementing this conference agreement, the 
departments and agencies shall comply with the Senate report 
(S. Rept. 112-85) accompanying S. 1601 as though stated in this 
joint explanatory statement unless specifically directed to the 
contrary. Matters addressed in the report of the House 
Subcommittee on State, Foreign Operations, and Related Programs 
(Full Committee Print, circulated on July 29, 2011) are 
restated in this joint explanatory statement where the 
conferees concur.

                                TITLE I

                 DEPARTMENT OF STATE AND RELATED AGENCY

                          DEPARTMENT OF STATE

                   Administration of Foreign Affairs

                    DIPLOMATIC AND CONSULAR PROGRAMS

                     (INCLUDING TRANSFER OF FUNDS)

      The conference agreement provides $6,550,947,000 for 
Diplomatic and Consular Programs (D&CP), of which up to 
$1,355,000,000 is for Worldwide Security Protection. The 
conference agreement provides an additional $4,389,064,000 in 
title VIII under this heading, which is designated for Overseas 
Contingency Operations/Global War on Terrorism (OCO/GWOT) 
pursuant to the Balanced Budget and Emergency Deficit Control 
Act of 1985.
      Within the total provided under this heading, the 
conference agreement includes:
      $2,277,862,000 for Human Resources (of which $121,814,000 
is for public diplomacy);
      $2,109,293,000 for Overseas Programs (of which 
$347,572,000 is for public diplomacy);
      $822,513,000 for Diplomatic Policy and Support; and
      $1,341,279,000 for security programs.
      The conference agreement does not include funding for the 
185 new positions requested in fiscal year 2012. The conference 
agreement assumes continuation of the pay freeze in fiscal year 
2012 for all Department of State employees, including Foreign 
Service Officers.
      The conference agreement includes language amending the 
heading ``Civilian Stabilization Initiative'' included in prior 
acts to ``Conflict Stabilization Operations'' (CSO) and 
provides transfer authority of up to $35,000,000 of the funds 
appropriated under this heading to funds made available under 
the CSO heading. The conference agreement provides an 
additional $8,500,000 in title VIII under the CSO heading, 
which is designated for OCO/GWOT pursuant to the Balanced 
Budget and Emergency Deficit Control Act of 1985. The conferees 
remain concerned with CSO's limited activities, specifically 
the minor role it has played in response to the earthquake in 
Haiti and the revolution in Libya. The conferees will further 
assess the performance of the CSO during fiscal year 2012.
      The conferees request the Secretary of State to be 
prepared to report to the Committees on Appropriations in 
hearings on the fiscal year 2013 budget on the use of the 
Secretary's authority to determine whether an American citizen 
has voluntarily renounced United States citizenship as a result 
of engaging in activities with a Foreign Terrorist 
Organization.
      The conferees recognize that B-1 and B-2 visitor visa 
applications in some countries, such as the People's Republic 
of China (PRC) and Brazil, are significantly and rapidly 
increasing. The number of visa applications increased 53 
percent in Brazil and 64 percent in the PRC from fiscal year 
2010 to fiscal year 2011, resulting in increased delays in 
interviewing applicants and longer approval times. The 
Department of State is taking steps to reduce the wait time but 
more needs to be done. Section 7076 of this Act directs the 
Secretary of State to take steps to reduce delays in processing 
tourist visas in the PRC, Brazil, and India, and to consider 
extending the expiration period for B-1 and B-2 visas for 
applicants before requiring a consular officer interview. The 
conferees recognize that wait times for interviews can 
fluctuate due to unforeseen circumstances, including assisting 
United States citizens abroad during an emergency, but expect 
the Department to continue to implement steps to minimize wait 
times. The conferees expect the Secretary of State to determine 
the appropriate extension beyond the current one-year limit in 
a manner consistent with security controls. The conference 
agreement also permits the Secretary to conduct a pilot program 
for processing tourist visas via secure remote 
videoconferencing technology if doing so would not pose a 
security risk.
      The conferees direct the Secretary of State to report to 
the Committees on Appropriations, not later than 90 days after 
enactment of this Act, on steps taken to reduce visa processing 
wait times; the Department of State's 5-year forecast of non-
immigrant visas for each country; the number of consular 
officers necessary to meet the Department's standards; a 
comparison of the Department's forecast with the Department of 
Commerce's 5-year visitor arrival projections; and the impact 
of the different projections on visa processing times and the 
required number of consular officers.
      The conferees direct the Secretary of State to provide to 
the Committees on Appropriations, not later than 90 days after 
the end of any videoconference pilot program, an assessment of 
the efficacy, efficiency, and security of this technology for 
conducting visa interviews.
      The conferees endorse Senate report language regarding 
the Coordinator for Cyber Issues, and recommend $1,000,000, in 
addition to funds otherwise made available for such purposes, 
for operations and programs under the Coordinator's authority. 
The conferees recommend that the fiscal year 2013 congressional 
budget justification materials include a request for program 
funds under the Coordinator's authority in the accounts 
included in title III of this Act.
      The conferees urge the Department of State to examine 
alternative approaches to furnishing residences for Foreign 
Service Officers posted overseas, including consideration of 
options for substantially reducing costs and delivery times and 
increasing available choices.
      The conferees are concerned with the unnecessary idling 
of parked motor vehicles that is wasteful and harms the 
environment. The conferees direct that, not later than 90 days 
after enactment of this Act, the Secretary of State, in 
consultation with the head of each United States Government 
agency that uses funds appropriated by this Act to purchase or 
lease motor vehicles, shall establish a policy to eliminate the 
unnecessary idling of parked motor vehicles and provide a copy 
of such policy to the Committees on Appropriations. Such policy 
may include exceptions to accommodate important security, 
health, or safety concerns, and if necessary to perform an 
important job function, ensure safe operating conditions, or to 
operate a motor vehicle in accordance with manufacturer 
specifications.
      The conferees support the Secretary of State's expanded 
engagement with governments to improve the inter-country 
adoption process, to finalize implementation agreements with 
such governments, where appropriate, and to resolve impediments 
to the completion of adoptions for waiting families and 
children.
      The conferees encourage the Secretary of State to 
continue to support the United States-Colombia Action Plan on 
Racial and Ethnic Equality and the United States-Brazil Joint 
Action Plan on Racial and Ethnic Equality.
      The conference agreement includes new language 
prohibiting the use of funds under this heading for the 
preservation of religious sites unless the Secretary of State 
determines and reports to the Committees on Appropriations 
that: (1) The site is historically, artistically, or culturally 
significant; (2) the purpose of the project is neither to 
advance nor to inhibit the free exercise of religion; and (3) 
the project is in the national interest of the United States.
      The conferees direct that a portion of the funds that 
have been provided to the Bureau of International Organizations 
Affairs and Office of International Conferences should be used 
to support the Group of 8 (G-8) and NATO summits during 2012.
      The conference agreement includes language requiring the 
continuation of the pilot Partner Vetting System (PVS), and 
requires that such pilot be implemented by September 30, 2012. 
The conferees direct that such PVS pilot continue to be applied 
equally to the programs and activities of the Department of 
State and USAID, as required by section 7034 of Public Law 111-
117.
      The conferees direct the Secretary of State to provide to 
the Committees on Appropriations, not later than 90 days after 
enactment of this Act, the following information on the 
Acquisitions Management program funded by the 1 percent 
procurement fee: (1) the Working Capital Fund (WCF) including 
carry-over balances, by line item, service center and program, 
currently available for the Acquisitions Management program; 
(2) the actual expenditures in fiscal year 2011 by line item, 
service center and program; (3) the number of staff, including 
employees and contractors funded by the 1 percent procurement 
fee; and (4) an evaluation of the efficiencies and improvements 
gained through this program. The Secretary is also directed to 
include: (1) the funds from the 1 percent procurement fee in 
the WCF in the Department's operating plans and quarterly 
unobligated balances report; and (2) a WCF section in the 
Department's fiscal year 2013 congressional budget 
justification, providing information on total budgetary 
resources for the Bureau of Administration and any other office 
that receives WCF funds and a WCF table by line item, service 
center and program that shall serve as the control level for 
reprogramming and transfer purposes.
      The conferees direct the Secretary of State to continue 
to assist American victims of terrorism abroad regarding frozen 
assets for compensation and other issues, including from the 
bombings of United States facilities in Kenya and Tanzania and 
terrorist acts sponsored by former Libyan leader Muammar 
Qaddafi.
      The conferees endorse Senate report language regarding 
funding for the Bureau of Democracy, Human Rights and Labor to 
monitor United States assistance to foreign security forces 
pursuant to section 620M of the Foreign Assistance Act of 1961, 
as amended by this Act.
      The conferees direct the Secretary of State to continue 
the reporting requirement detailed under this heading in the 
joint statement accompanying the Department of State, Foreign 
Operations, and Related Programs Appropriations Act, 2010 
(division F of Public Law 111-117) concerning agreements for 
transfer and release of detainees at Naval Station, Guantanamo 
Bay, Cuba.
      Section 7078 of this Act requires the Secretary of State 
to submit an operating plan for funds appropriated in title I. 
The conferees expect the operating plan to integrate 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 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 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]
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 
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.
      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 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 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 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 $2,000,000 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 between the United States and 
Mexico, sustainable economic and social development, and job 
creation in the region.

                      GLOBAL ENVIRONMENT FACILITY

      The conference agreement provides $89,820,000 for the 
Global Environment Facility (GEF).
      The conferees direct the Secretary of the Treasury to 
submit a report to the Committees on Appropriations, not later 
than 45 days after enactment of this Act, describing the amount 
of funds since 2008 that the GEF has allocated for anti-malaria 
research and the programs funded.

       CONTRIBUTION TO THE INTERNATIONAL DEVELOPMENT ASSOCIATION

      The conference agreement provides $1,325,000,000 for 
Contribution to the International Development Association.
      The conference agreement provides $167,000,000 for the 
United States' share of the Multilateral Debt Relief Initiative 
commitment, including $91,000,000 for the remainder of the IDA-
15 share and $76,000,000 for the IDA-16 share.

     CONTRIBUTION TO THE INTERNATIONAL BANK FOR RECONSTRUCTION AND 
                              DEVELOPMENT

      The conference agreement provides $117,364,344 for 
Contribution to the International Bank for Reconstruction and 
Development.

              LIMITATION ON CALLABLE CAPITAL SUBSCRIPTIONS

      The conference agreement provides $2,928,990,899 for 
Limitation on Callable Capital Subscriptions.

               CONTRIBUTION TO THE CLEAN TECHNOLOGY FUND

      The conference agreement provides $184,630,000 for 
Contribution to the Clean Technology Fund.

               CONTRIBUTION TO THE STRATEGIC CLIMATE FUND

      The conference agreement provides $49,900,000 for 
Contribution to the Strategic Climate Fund.

              GLOBAL AGRICULTURE AND FOOD SECURITY PROGRAM

      The conference agreement provides $135,000,000 for Global 
Agriculture and Food Security Program.

          CONTRIBUTION TO THE INTER-AMERICAN DEVELOPMENT BANK

      The conference agreement provides $75,000,000 for 
Contribution to the Inter-American Development Bank.
      The conference agreement provides $4,670,000 for payment 
to the Inter-American Investment Corporation.

              LIMITATION ON CALLABLE CAPITAL SUBSCRIPTIONS

      The conference agreement provides $4,098,794,833 for 
Limitation on Callable Capital Subscriptions.

CONTRIBUTION TO THE ENTERPRISE FOR THE AMERICAS MULTILATERAL INVESTMENT 
                                  FUND

      The conference agreement provides $25,000,000 for 
Contribution to the Enterprise for the Americas Multilateral 
Investment Fund.

               CONTRIBUTION TO THE ASIAN DEVELOPMENT BANK

      The conference agreement provides $106,586,000 for 
Contribution to the Asian Development Bank.

              LIMITATION ON CALLABLE CAPITAL SUBSCRIPTIONS

      The conference agreement provides $2,558,048,769 for 
Limitation on Callable Capital Subscriptions.

               CONTRIBUTION TO THE ASIAN DEVELOPMENT FUND

      The conference agreement provides $100,000,000 for 
Contribution to the Asian Development Fund.

              CONTRIBUTION TO THE AFRICAN DEVELOPMENT BANK

      The conference agreement provides $32,417,720 for 
Contribution to the African Development Bank.

              LIMITATION ON CALLABLE CAPITAL SUBSCRIPTIONS

      The conference agreement provides $507,860,808 for 
Limitation on Callable Capital Subscriptions.

              CONTRIBUTION TO THE AFRICAN DEVELOPMENT FUND

      The conference agreement provides $172,500,000 for 
Contribution to the African Development Fund.
      The conference agreement provides $7,500,000 for the 
Multilateral Debt Relief Initiative.

EUROPEAN BANK FOR RECONSTRUCTION AND DEVELOPMENT LIMITATION ON CALLABLE 
                         CAPITAL SUBSCRIPTIONS

      The conference agreement provides $1,252,331,952 for 
Limitation on Callable Capital Subscriptions.

  CONTRIBUTION TO THE INTERNATIONAL FUND FOR AGRICULTURAL DEVELOPMENT

      The conference agreement provides $30,000,000 for 
Contribution to the International Fund for Agricultural 
Development.

                                TITLE VI

                    EXPORT AND INVESTMENT ASSISTANCE

                Export-Import Bank of the United States

                           INSPECTOR GENERAL

      The conference agreement provides $4,000,000 for the 
Inspector General for the Export-Import Bank (the Bank).
      The conferees are concerned with the absence of regular 
inspections of Overseas Private Investment Corporation (OPIC) 
operations and the oversight of an Inspector General, and 
direct the President of OPIC to consult with the Committees on 
Appropriations and other appropriate congressional committees 
on the options for increasing oversight of OPIC programs, 
including under the authorities of the Export-Import Bank 
Inspector General.

                         SUBSIDY APPROPRIATION

      The conference agreement provides $58,000,000 for Subsidy 
Appropriation for the Export-Import Bank.

                        ADMINISTRATIVE EXPENSES

      The conference agreement provides $89,900,000 for 
Administrative Expenses for the Export-Import Bank.
      The conference agreement includes $6,000,000 to support 
the Bank's efforts to establish regional offices focusing on 
small businesses and to significantly increase the number of 
small business transactions.
      The conferees direct that the use of the aggregate loan, 
guarantee, and insurance authorities available to the Bank in 
fiscal year 2012 should not result in greenhouse gas emissions 
from the extraction or production of fossil fuels or the use of 
fossil fuels in electricity generation that exceed the average 
of the total emissions in the preceding three fiscal years 
resulting from the use of these authorities unless, not less 
than 15 days prior to each such use of such authorities in 
fiscal year 2012, the Bank provides a written report to the 
Committees on Appropriations that such use would result in 
emissions exceeding this amount and indicating the amount of 
the increase, and posts such report on the Bank's Web site.
      The conference agreement directs that not less than 10 
percent of the Bank's authority for aggregate loan, guarantee, 
and insurance should be used for renewable energy and end-use 
energy efficiency technologies. The conferees direct the Bank 
to provide a report to the Committees on Appropriations, not 
later than 90 days after enactment of this Act, that includes: 
all financing for renewable energy and end-use energy 
efficiency technologies, or other environmentally beneficial 
exports carried out in fiscal year 2011; efforts made by the 
Bank to promote and support such exports; information on which 
regions and sectors exhibit the greatest potential for such 
exports; how the Bank defines and tracks such activities; data 
on the Bank's progress toward meeting the 10 percent directive 
and the Bank's planned efforts to overcome any shortfall; the 
Bank's data, current policies, and efforts to mitigate 
greenhouse gas emissions resulting from projects it finances; 
and, as applicable, the implementation status of 
recommendations made by the GAO concerning the promotion of 
renewable energy and end-use energy efficiency technologies, as 
well as other environmentally beneficial exports.

                Overseas Private Investment Corporation

                           NONCREDIT ACCOUNT

      The conference agreement provides $54,990,000 for 
Noncredit Account of OPIC.

                            PROGRAM ACCOUNT

      The conference agreement provides $25,000,000 for Program 
Account of OPIC.
      The conferees endorse prior year reporting requirements 
relating to a semi-annual report on OPIC investment funds, and 
prior consultation on local currency guarantees and financing 
for nongovernmental organizations and private and voluntary 
organizations, as stated in House Report 111-187 accompanying 
H.R. 3081.
      The conferees direct the President of OPIC to include in 
its fiscal year 2013 congressional budget justification a 
confidential annex that describes new loans, guarantees, and 
insurance approved in fiscal year 2011 by category, recipient, 
country, level of OPIC resources provided, and source year of 
financing used. The conferees also direct OPIC to provide 
additional detail, including an annual summary of positive and 
negative subsidy by product line.
      The conferees are concerned with the absence of regular 
inspections of OPIC operations and the oversight of an 
Inspector General, and direct the President of OPIC to consult 
with the Committees on Appropriations and other appropriate 
congressional committees on the options for increasing 
oversight of OPIC programs, including under the authorities of 
the Export-Import Bank Inspector General.

                      TRADE AND DEVELOPMENT AGENCY

      The conference agreement provides $50,000,000 for Trade 
and Development Agency.

                               TITLE VII

                           GENERAL PROVISIONS

      The following general provisions are continued in this 
Act substantively unchanged from the Department of State, 
Foreign Operations, and Related Programs Appropriations Act, 
2010 (division F of Public Law 111-117):

Sec. 7001.  Allowances and Differentials
Sec. 7003.  Consulting Services
Sec. 7005.  Personnel Actions
Sec. 7007.  Prohibition Against Direct Funding for Certain Countries
Sec. 7010.  Reporting Requirement
Sec. 7012.  Limitation on Assistance to Countries in Default
Sec. 7014.  Reservations of Funds
Sec. 7016.  Notification of Excess Defense Equipment
Sec. 7017.  Limitation on Availability of Funds for International 
          Organizations and Programs
Sec. 7018.  Prohibition on Funding for Abortions and Involuntary 
          Sterilization
Sec. 7020.  Prohibition of Payment of Certain Expenses
Sec. 7022.  Authorization Requirements
Sec. 7023.  Definition of Program, Project, and Activity
Sec. 7026.  Separate Accounts
Sec. 7027.  Eligibility for Assistance
Sec. 7028.  Impact on Jobs in the United States
Sec. 7030.  Debt-for-Development
Sec. 7032.  Authority to Engage in Debt Buybacks or Sales
Sec. 7035.  Arab League Boycott of Israel
Sec. 7036.  Palestinian Statehood
Sec. 7037.  Restrictions Concerning the Palestinian Authority
Sec. 7038.  Prohibition on Assistance to the Palestinian Broadcasting 
          Corporation
Sec. 7039.  Assistance for the West Bank and Gaza
Sec. 7047.  Prohibition of Payments to United Nations Members
Sec. 7048.  War Crimes Tribunals Drawdown
Sec. 7050.  Community-Based Police Assistance
Sec. 7053.  Parking Fines and Real Property Taxes Owed by Foreign 
          Governments (incorporates prior year conditions by reference)
Sec. 7054.  Landmines and Cluster Munitions
Sec. 7055.  Prohibition on Publicity or Propaganda
Sec. 7056.  Limitation on Residence Expenses
Sec. 7059.  Prohibition on Promotion of Tobacco
Sec. 7064.  Requests for Documents
Sec. 7068.  Extradition
Sec. 7069.  Commercial Leasing of Defense Articles
Sec. 7072.  Repression in the Russian Federation
Sec. 7073.  Prohibition on First-Class Travel

      The following general provisions are either new, or are 
substantively modified, from those included in division F of 
Public Law 111-117:
Sec. 7002.  Unobligated Balances Report (Modified)
      Section 7002 of the conference agreement requires any 
department or agency funded by this Act to provide a quarterly 
report on unobligated and unexpended balances to the Committees 
on Appropriations. The conferees expect the report to specify, 
where feasible, funds obligated pursuant to bilateral 
agreements which have not been further sub-obligated. The 
conferees note that current reports from USAID designate 
expired and unexpired funds by account and fiscal year, and 
expect the Department of State to continue to work on modifying 
their financial systems to enable them to submit a report in a 
similar format. The conferees also direct the Department of 
State and USAID to provide periodic briefings on the 
information in this report, including on the status of sub-
obligations related to bilateral agreements.
Sec. 7004.  Embassy Construction (Modified)
      The conference agreement includes authorization within 
section 7004 for the Maintenance Cost Sharing initiative to 
utilize funding from the Capital Security Cost Sharing (CSCS) 
program for the maintenance, repair, and rehabilitation of new 
facilities with an inter-agency presence.
Sec. 7006.  Local Guard Contracts (Modified)
Sec. 7008.  Coups d'Etat (Modified)
      The conferees intend that the modifications to this 
provision shall apply to prospective coups d'etat and shall not 
apply to retrospective assessments.

Sec. 7009.  Transfer Authority (Modified)
Sec. 7011.  Availability of Funds (Modified)
Sec. 7013.  Prohibition on Taxation of United States Assistance 
        (Modified)
Sec. 7015.  Notification Requirements (Modified)
Sec. 7019.  Allocations (Modified)

Sec. 7021.  Prohibition on Assistance to Governments Supporting 
        International Terrorism (Modified)
      Section 7021 of the conference agreement combines 
sections 7021 and 7022 in division F of Public Law 111-117 
relating to prohibitions on the export of lethal military 
equipment and on providing bilateral assistance to countries 
supporting international terrorism. Additionally, section 7021 
prohibits bilateral assistance to any foreign government 
controlled by a designated terrorist organization.
Sec. 7024.  Authorities for the Peace Corps, Inter-American Foundation 
        and African Development Foundation (Modified)
Sec. 7025.  Commerce, Trade and Surplus Commodities
      The conference agreement includes language expanding 
exceptions to the application of subsection (b). When relying 
on this expanded exception, the USAID Administrator should, in 
order to maximize program effectiveness, consult with relevant 
agriculture industry representatives regarding the same, 
similar, or substitute commodities and products.
Sec. 7029.  International Financial Institutions (Modified)
Sec. 7031.  Financial Management and Budget Transparency (Modified)
      For the purposes of this section the term ``direct 
government-to-government assistance'' shall include cash 
transfers, nonproject sector assistance, and other forms of 
assistance where funds appropriated by this Act are provided 
directly to the recipient government.
      Section 7031(c) includes language related to anti-
kleptocracy. The conferees note that this provision revises 
current law (section 7084 of division F of Public Law 111-117) 
and includes a national interest waiver. The conferees note 
that ineligibility for entry into the United States under this 
provision is not dependent on a decision or other action by any 
Federal agency other than the Department of State.
Sec. 7033.  Multi-Year Commitments (New)
      The conferees understand that the Secretary of the 
Treasury does not intend to increase the quota resources of the 
IMF in fiscal year 2012. If the Secretary does intend to commit 
the United States to additional contributions to the IMF, the 
conference agreement includes a provision that would, at a 
minimum, require consultation with the Committees on 
Appropriations not less than 7 days before such pledge is made.
Sec. 7034.  Special Provisions (Modified)
      Section 7034(h)(5) states that funds appropriated by this 
Act that are made available to promote democracy and human 
rights shall also be made available to support freedom of 
religion, especially in the Middle East and North Africa.
      Section 7034(k) redesignates section 620J of the Foreign 
Assistance Act of 1961 to section 620M, and modifies it by 
substituting ``credible information'' for ``credible evidence'' 
in order to clarify that the information need not be admissible 
in a court of law to be credible and to conform to similar 
wording in a comparable provision in the Defense Appropriations 
Act, and by adding guidelines for: tracking United States 
assistance to foreign security forces; the collection, receipt, 
evaluation, and preservation of information about gross 
violations of human rights; vetting both individuals and units; 
and, to the maximum extent practicable, publicly identifying 
units for which no assistance shall be furnished pursuant to 
section 620M.
Sec. 7040.  Limitation on Assistance for the Palestinian Authority 
        (Modified subsection (f))
Sec. 7041.  Near East (Modified)
      Section 7041(a)(1) of this Act provides limitations on 
assistance for Egypt, and includes authorities for an Egypt 
debt initiative.
      Section 7041(a)(3) provides authority and conditions for 
an Egypt initiative. The conferees make available up to 
$500,000,000 of the funds appropriated under the Economic 
Support Fund heading in this Act and prior acts for such 
purposes. However, the conferees note that all funds are 
subject to the regular notification procedures of the 
Committees on Appropriations and expect that funds will be 
provided in tranches, at the minimum rate necessary, and in a 
manner consistent with the advancement of United States-
Egyptian strategic interests. The conferees note that this 
initiative demonstrates United States support for Egypt's 
democratic transition and economic development, and should 
serve as an incentive to the Government of Egypt (GOE) to 
pursue policies of mutual interest. The conferees intend that 
prior to the use of the authority under this initiative the 
transition to a civilian government will have substantially 
progressed, and the GOE will implement economic development 
policies consistent with the objectives of such initiative.
      The conferees direct that the notification submitted to 
the Committees on Appropriations include a detailed description 
and estimate of the economic benefits of projects anticipated 
to be undertaken, the role of the GOE in implementing projects, 
an explanation of how such projects contribute to economic and 
democratic reforms in Egypt, and the means by which the uses of 
funds and results achieved will be monitored and measured. The 
conferees intend that the notification may be submitted to 
other congressional committees, as appropriate.
      The conferees direct the Secretary of State to use prior 
appropriated funds to the maximum extent practicable with 
respect to supporting projects and initiatives in Egypt, and to 
structure the timing and amounts of disbursements of funds for 
activities regarding the Egypt debt initiative. The Secretary 
of State shall consult with the Committees on Appropriations 
and other congressional committees, as appropriate, on the 
planned uses of the funds prior to obligating funds under such 
structured disbursement. The conferees expect the Secretary of 
State to spend down prior appropriated funds in an efficient 
manner, and to keep the Committees on Appropriations informed 
on a regular basis on the balances of such funds.
      Section 7041(b) of this Act includes language authorizing 
the establishment of enterprise funds in Egypt, Tunisia, and 
Jordan. The conferees intend that at the termination of the 
respective funds, 50 percent of the proceeds realized by each 
fund from the liquidation of its assets should be returned to 
the United States Treasury. The conferees request that the 
Comptroller General of the United States conduct a review, one 
year after the establishment of any enterprise fund, to examine 
the management and oversight of the funds and to determine if 
appropriate and sufficient safeguards exist against financial 
misconduct.
      The conference agreement includes language regarding 
democracy promotion in Libya and Syria, and restricts 
infrastructure assistance for Libya.
Sec. 7042.  Serbia (Modified)
Sec. 7043.  Africa (Modified)
      The conferees direct the Secretary of State to provide to 
the Committees on Appropriations the report detailed in section 
7061(b)(3) of S. 1601 (112th Congress).
      The conferees direct the Secretary of State to ensure 
that no United States training, equipment, or other assistance 
is provided to any Kenyan military personnel or units who have 
been credibly alleged to have violated human rights at Mount 
Elgon in March 2008, and to report to the Committees on 
Appropriations within 90 days of enactment of this Act on steps 
taken by the Government of Kenya to conduct a thorough, 
credible investigation of such violations.
      The conferees endorse language in the Senate report 
regarding the disappearance of journalist Ebrimah Manneh in 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, 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.

                          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.

[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]

                                   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, Jr.
                                 Managers on the part of the House.

                                   Tim Johnson,
                                   Daniel K. Inouye,
                                   Mary L. Landrieu,
                                   Patty Murray,
                                   Jack Reed,
                                   Ben Nelson,
                                   Mark L. Pryor,
                                   Patrick J. Leahy,
                                   Kay Bailey Hutchison,
                                   Lisa Murkowski,
                                   Roy Blunt,
                                   John Hoeven,
                                   Thad Cochran.
                                Managers on the part of the Senate.

                                  
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