    [112th Congress Public Law 74]
    [From the U.S. Government Publishing Office]

    [[Page 785]]

                      CONSOLIDATED APPROPRIATIONS ACT, 2012

    [[Page 125 STAT. 786]]

    Public Law 112-74
    112th Congress

                                     An Act

       Making appropriations for military construction, the Department of
       Veterans Affairs, and related agencies for the fiscal year ending
          September 30, 2012, and for other purposes. <<NOTE: Dec. 23,
                             2011 -  [H.R. 2055]>>

        Be it enacted by the Senate and House of Representatives of the
    United States of America in Congress assembled, <<NOTE: Consolidated
    Appropriations Act, 2012.>>
    SECTION 1. SHORT TITLE.

        This Act may be cited as the ``Consolidated Appropriations Act,
    2012''.
    SEC. 2. TABLE OF CONTENTS.

        The table of contents of this Act is as follows:

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

           DIVISION A--DEPARTMENT OF DEFENSE APPROPRIATIONS ACT, 2012

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

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

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

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

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

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

    Title I--Departmental management and operations

    [[Page 125 STAT. 787]]

    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. <<NOTE: 1 USC 1 note.>> 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.

    [[Page 125 STAT. 788]]

     DIVISION <<NOTE: Department of Defense Appropriations Act, 2012.>> 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.

    [[Page 125 STAT. 789]]

                             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

    [[Page 125 STAT. 790]]

    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;

    [[Page 125 STAT. 791]]

    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

    [[Page 125 STAT. 792]]

    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.

    [[Page 125 STAT. 793]]

               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, <<NOTE: Determination.>> 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 <<NOTE: Determinations.>> 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 <<NOTE: Determinations.>> 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

    [[Page 125 STAT. 794]]

    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 <<NOTE: Determinations.>> 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 <<NOTE: Determinations.>> 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,

    [[Page 125 STAT. 795]]

    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

    [[Page 125 STAT. 796]]

    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

    [[Page 125 STAT. 797]]

    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;

    [[Page 125 STAT. 798]]

                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 <<NOTE: Vessels.>> 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.

    [[Page 125 STAT. 799]]

                         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

    [[Page 125 STAT. 800]]

    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.

    [[Page 125 STAT. 801]]

              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, <<NOTE: Deadline. Notification.>> 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.

    [[Page 125 STAT. 802]]

                          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, <<NOTE: Contracts.>> 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, <<NOTE: Contracts.>> 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, <<NOTE: Waiver authority. Certification.>> 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

    [[Page 125 STAT. 803]]

    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 <<NOTE: Determination.>> 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, <<NOTE: Implementation plan.>> 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

    [[Page 125 STAT. 804]]

    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.  <<NOTE: 10 USC 1584 note.>> 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, <<NOTE: Pay
    rates. Foreign nationals.>> 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, <<NOTE: Turkey.>> 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

    [[Page 125 STAT. 805]]

    has been denied by the Congress:  Provided
    further, <<NOTE: Notification.>> 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, <<NOTE: Reprogramming requests.>> 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, <<NOTE: Deadline.>> 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, <<NOTE: Applicability.>> That section 8005 shall apply when
    transfers of the amounts described in subsection (a) occur between
    appropriation accounts.

        Sec. 8007. (a) <<NOTE: Deadline. Reports.>> 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) <<NOTE: Certification.>> 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

    [[Page 125 STAT. 806]]

    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 <<NOTE: Notification.>> 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. <<NOTE: Notification.>> 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.  <<NOTE: Notification. Deadline.>> 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.  <<NOTE: Contracts. Notification. Deadlines. 10 USC 2306b
    note.>> 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, <<NOTE: Deadline. Notification.>> 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) <<NOTE: Budget request.>> 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;

    [[Page 125 STAT. 807]]

                (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. <<NOTE: Reports.>> 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, <<NOTE: Humanitarian assistance. Territories.>> 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) <<NOTE: Budget request. Effective date.>> 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.  <<NOTE: Lobbying.>> 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

    [[Page 125 STAT. 808]]

    have reenlisted with this option prior to October
    1, <<NOTE: Applicability.>> 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.  <<NOTE: Anchor and mooring chain.>> 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 <<NOTE: Waiver authority. Certification.>> 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.  <<NOTE: Arms and munitions. Certification.>> 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, <<NOTE: Waiver authority. Certification.>> 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.  <<NOTE: Contracts.>> 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

    [[Page 125 STAT. 809]]

    (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, <<NOTE: Applicability.>> 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.  <<NOTE: Kuwait.>> 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

    [[Page 125 STAT. 810]]

    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) <<NOTE: Reports.>> 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.  <<NOTE: Contracts.>> 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, <<NOTE: Applicability.>> 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, <<NOTE: Waiver authority. Certification.>> 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.  <<NOTE: Definition.>> 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

    [[Page 125 STAT. 811]]

    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, <<NOTE: Certification.>> 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) <<NOTE: Determination. Contracts. Rescission. 41
    USC 8304 note.>> 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) <<NOTE: Memorandum.>> 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) <<NOTE: Reports.>> 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) <<NOTE: Definition.>> 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) <<NOTE: Housing. Native Americans. State
    listing.>> 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

    [[Page 125 STAT. 812]]

    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) <<NOTE: Definition.>> 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) <<NOTE: Budget request.>> 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, <<NOTE: 50 USC 403 note.>> 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.

    [[Page 125 STAT. 813]]

        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) <<NOTE: Determination. Labeling. Fraud. Debarment.>> 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.  <<NOTE: Contracts. Determination.>> 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, <<NOTE: Determination.>> 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.

    [[Page 125 STAT. 814]]

        (b) <<NOTE: Waiver authority. Determination. Certification.>> 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.  <<NOTE: Grants.>> 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) <<NOTE: Contracts.>> The Department of Defense, without
    regard to subsection (a) of this section or subsection (a), (b), or (c)
    of section 2461

    [[Page 125 STAT. 815]]

    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;

    [[Page 125 STAT. 816]]

                ``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.  <<NOTE: North Korea.>> 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, <<NOTE: Waiver
    authority. Certification.>> That the Service Surgeons General may waive
    this section by certifying to the

    [[Page 125 STAT. 817]]

    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. <<NOTE: Drugs and drug abuse. 10 USC 374 note.>> (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) <<NOTE: 50 USC 403f note.>> 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.  <<NOTE: Ball and roller bearings.>> 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 <<NOTE: Waiver authority. Certification.>> 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, <<NOTE: Applicability.>> 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.  <<NOTE: Supercomputer. Certification.>> 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.  <<NOTE: Salaries.>> 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) <<NOTE: Notification. Deadline.>> 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) <<NOTE: Applicability.>> This section applies to--
                (1) any international peacekeeping or peace-enforcement
            operation under the authority of chapter VI or chapter VII

    [[Page 125 STAT. 818]]

            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.  <<NOTE: Contracts.>> 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

    [[Page 125 STAT. 819]]

            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 <<NOTE: Reimbursement.>> 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.  <<NOTE: Germany.>> 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, <<NOTE: Anthracite.>> 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, <<NOTE: Waiver
    authority. Certification.>> 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) <<NOTE: Waiver authority. Determination.>> 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

    [[Page 125 STAT. 820]]

    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) <<NOTE: Applicability. Contracts.>> 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) <<NOTE: Human rights.>> 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) <<NOTE: Waiver authority. Determination.>> 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) <<NOTE: Deadline. Reports.>> 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.  <<NOTE: Deadline. Reports.>> 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,

    [[Page 125 STAT. 821]]

    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, <<NOTE: Waiver authority. Certification.>> 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.  <<NOTE: Classified
    information. Deadlines. Reports. Effective date.>> 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 <<NOTE: Waiver
    authority. Certification.>> 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.  <<NOTE: Arms and munitions.>> 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.  <<NOTE: Waiver authority. Time period.>> 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.

    [[Page 125 STAT. 822]]

        Sec. 8066.  <<NOTE: Alcohol and alcoholic beverages.>> 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 <<NOTE: Applicability.>> 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, <<NOTE: Contracts. Real property.>> 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.  <<NOTE: Applicability.>> 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 <<NOTE: Grants. Fisher House
    Foundation, Inc.>> 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--

    [[Page 125 STAT. 823]]

    ``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.

    [[Page 125 STAT. 824]]

                          (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. <<NOTE: Deadlines. Reports.>> (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.  <<NOTE: Notification.>> 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.  <<NOTE: 10 USC 221 note.>> 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

    [[Page 125 STAT. 825]]

    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, <<NOTE: Determination. Grants.>> 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.  <<NOTE: 53rd Weather Reconnaissance Squadron.>> 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.  <<NOTE: Foreign intelligence.>> 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) <<NOTE: Notification. Deployment.>> 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) <<NOTE: Waiver authority. Determination.>> 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.

    [[Page 125 STAT. 826]]

                          (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, <<NOTE: Deadline. Reports.>> 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) <<NOTE: Tactical unmanned aerial vehicles.>> 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.  <<NOTE: Applicability.>> 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

    [[Page 125 STAT. 827]]

    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 <<NOTE: Deadline. Notification. Execution plan.>> 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.  <<NOTE: 50 USC 415a-2 note.>> 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) <<NOTE: Deadline. Reports.>> 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) <<NOTE: Certification.>> 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.

    [[Page 125 STAT. 828]]

        Sec. 8093. (a) <<NOTE: Notification. Deadlines.>> 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.  <<NOTE: Submission. 50 USC 415a-9 note.>> 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.  <<NOTE: Definition.>> 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.  <<NOTE: Reports. Deadlines.>> 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.

    [[Page 125 STAT. 829]]

                          (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) <<NOTE: Web posting. Reports.>> 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) <<NOTE: Time period.>> 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. <<NOTE: Contracts.>> (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) <<NOTE: Certification.>> 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

    [[Page 125 STAT. 830]]

    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) <<NOTE: Waiver authority. Determination.>> 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. <<NOTE: Public
    information. Deadline.>> 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. <<NOTE: Notice.>> 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.  <<NOTE: ACORN.>> 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

    [[Page 125 STAT. 831]]

    section 706 of Public Law 110-417:  Provided
    further, <<NOTE: Notification.>> 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 <<NOTE: Deadline. Strategic plan.>> 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.  <<NOTE: Review. Reports. Recommenda- tions.>> 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.  <<NOTE: Grants. Contracts. Guam.>> 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, <<NOTE: Deadline. Notification.>> 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

    [[Page 125 STAT. 832]]

    of more than 2,000 parking spaces (other than handicap-reserved spaces)
    to be provided by the BRAC 133 <<NOTE: Waiver
    authority. Certification. Notification. Deadline.>> 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, <<NOTE: Recommenda-
    tions. Certification. Deadline.>> 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) <<NOTE: Reports. Deadline.>> 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.  <<NOTE: Deadlines. Reports.>> 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.  <<NOTE: Study. Reports. Deadline.>> 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

    [[Page 125 STAT. 833]]

    Intelligence Program budget from the Department of Defense budget.

                          (including transfer of funds)

        Sec. 8117.  <<NOTE: Determination.>> 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, <<NOTE: Reprogramming request. Deadline.>> 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, <<NOTE: Grants. Contracts.>> 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, <<NOTE: Determination.>> 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.  <<NOTE: Khalid Sheikh Mohammed. Detainees. Cuba.>> 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) <<NOTE: Cuba. Certification. Deadline.>> 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--

    [[Page 125 STAT. 834]]

                (A) <<NOTE: Notification.>> 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) <<NOTE: Cuba.>> 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) <<NOTE: Notification.>> 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.

    [[Page 125 STAT. 835]]

        (d)(1) <<NOTE: Waiver authority. Certification. Determination.>> 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) <<NOTE: Deadline. Submissions.>> 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) <<NOTE: Definitions.>> 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

    [[Page 125 STAT. 836]]

                              (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.  <<NOTE: Deadline. Reports.>> 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--

    [[Page 125 STAT. 837]]

                        (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.  <<NOTE: Corporations. Tax
    liability. Determination.>> 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.  <<NOTE: Corporations. Criminal
    violation. Determination.>> 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, <<NOTE: Notification. Deadline.>> 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

    [[Page 125 STAT. 838]]

    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.  <<NOTE: Country listing. Child soldiers.>> 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.

    [[Page 125 STAT. 839]]

                          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.

    [[Page 125 STAT. 840]]

                            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, <<NOTE: Notification.>> 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

    [[Page 125 STAT. 841]]

    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, <<NOTE: Notification.>> 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, <<NOTE: Deadlines. Reports.>> 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

    [[Page 125 STAT. 842]]

    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, <<NOTE: Determination.>> 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, <<NOTE: Deadline. Notification.>> 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

    [[Page 125 STAT. 843]]

    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, <<NOTE: Notification.>> 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, <<NOTE: Deadline. Notification.>> 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.

    [[Page 125 STAT. 844]]

                            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.

    [[Page 125 STAT. 845]]

                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

    [[Page 125 STAT. 846]]

    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, <<NOTE: Deadline. Assessment.>> 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, <<NOTE: Deadline. Notification.>> 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.

    [[Page 125 STAT. 847]]

                   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

    [[Page 125 STAT. 848]]

    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, <<NOTE: Deadline. Notification.>> 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.

    [[Page 125 STAT. 849]]

                          (including transfer of funds)

        Sec. 9002.  <<NOTE: Determination.>> 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 <<NOTE: Notification.>> 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.  <<NOTE: Deadlines.>> 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, <<NOTE: Reports.>> 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 <<NOTE: Data submissions.>> 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 <<NOTE: Notice.>> 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

    [[Page 125 STAT. 850]]

    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) <<NOTE: Plans.>> 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, <<NOTE: Deadlines. Reports.>> That the Secretary
    of Defense shall provide quarterly reports to the congressional defense
    committees regarding support provided under this section.

        Sec. 9007.  <<NOTE: Iraq. Afghanistan.>> 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

    [[Page 125 STAT. 851]]

    $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, <<NOTE: Certification.>> 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, <<NOTE: Determination.>> 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 <<NOTE: Deadline. Notice.>> 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, <<NOTE: Deadline. Notice.>> 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.

    [[Page 125 STAT. 852]]

        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, <<NOTE: Applicability.>> That the reductions shall
    be applied to the military personnel and operation and maintenance
    appropriations only:  Provided
    further, <<NOTE: Deadline. Notification.>> 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 <<NOTE: Energy and Water Development and Related Agencies
          Appropriations Act, 2012.>> 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.

    [[Page 125 STAT. 853]]

                                  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

    [[Page 125 STAT. 854]]

    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.

    [[Page 125 STAT. 855]]

          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

    [[Page 125 STAT. 856]]

            to respond to emergencies:
            Provided, <<NOTE: Notification.>> 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) <<NOTE: Deadline. Reports.>> 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.  <<NOTE: Deadline. Reports.>> 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.  <<NOTE: Time period. Determination.>> During the fiscal
    year period covered by this Act, the Secretary of the Army is authorized
    to implement measures

    [[Page 125 STAT. 857]]

    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 <<NOTE: Real property. New
    Hampshire.>> 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.

    [[Page 125 STAT. 858]]

        (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) <<NOTE: Definition.>> 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) <<NOTE: Notification. Negotiations.>> 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.  <<NOTE: Real property. Washington.>> 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.

    [[Page 125 STAT. 859]]

        Sec. 113.  <<NOTE: Rhode Island.>> 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

    [[Page 125 STAT. 860]]

    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

    [[Page 125 STAT. 861]]

    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

    [[Page 125 STAT. 862]]

    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

    [[Page 125 STAT. 863]]

    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.

    [[Page 125 STAT. 864]]

                            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) <<NOTE: Definition.>> For purposes of this section, the term
    ``transfer'' means any movement of funds into or out of a program,
    project, or activity.

        (d) <<NOTE: Reports. Deadlines.>> 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.

    [[Page 125 STAT. 865]]

        Sec. 202. <<NOTE: California. Plan.>> (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, <<NOTE: 16 USC 450hh.>> 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 <<NOTE: Deadline.>> 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

    [[Page 125 STAT. 866]]

    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) <<NOTE: Deadlines. Reports.>> 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''.

    [[Page 125 STAT. 867]]

        (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.

    [[Page 125 STAT. 868]]

                                 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.

    [[Page 125 STAT. 869]]

                              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, <<NOTE: 42 USC 6250f.>> 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

    [[Page 125 STAT. 870]]

    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

    [[Page 125 STAT. 871]]

    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 <<NOTE: Reports.>> 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.

    [[Page 125 STAT. 872]]

                                 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

    [[Page 125 STAT. 873]]

    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

    [[Page 125 STAT. 874]]

    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

    [[Page 125 STAT. 875]]

    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 <<NOTE: 42 USC 7171
    note.>> 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) <<NOTE: Contracts. Grants. Notification. Deadline.>> The
    Department of Energy may not, with respect to any program, project, or
    activity that uses budget authority made available in this title under
    the heading ``Department of Energy--Energy Programs'', enter into a
    multi-year contract, award a multi-year grant, or enter into a multi-
    year cooperative agreement unless the contract, grant, or cooperative
    agreement includes a clause conditioning the Federal Government's
    obligation on the availability of future-year budget authority and the
    Secretary notifies the Committees on Appropriations of the House of
    Representatives and the Senate at least 14 days in advance.

        (c) Except as provided in this section, the amounts made available
    by this title shall be expended as authorized by law for the projects
    and activities specified in the ``Conference'' column in the
    ``Department of Energy'' table included under the heading ``Title III--
    Department of Energy'' in the joint explanatory statement accompanying
    this Act.

    [[Page 125 STAT. 876]]

        (d) <<NOTE: Notification. Deadline.>> 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) <<NOTE: Waiver authority.>> 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) <<NOTE: Notification. Deadline.>> 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. <<NOTE: 42 USC 7279a.>> (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

    [[Page 125 STAT. 877]]

            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.  <<NOTE: 50 USC 2743a.>> 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''.

    [[Page 125 STAT. 878]]

        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.  <<NOTE: Grants. Contracts. Notification. Deadline.>> 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, <<NOTE: Determination. Notification. Deadline.>> 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. <<NOTE: Determination. Uranium.>> (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) <<NOTE: Deadline. Notification.>> 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;

    [[Page 125 STAT. 879]]

                (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) <<NOTE: Deadline. Inventory plan.>> 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) <<NOTE: Deadline. Reports.>> 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) <<NOTE: Deadline. Certification.>> 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.  <<NOTE: Grants. Certification.>> 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).

    [[Page 125 STAT. 880]]

                                    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, <<NOTE: Deadline. Contracts. 42 USC
    2286j.>> 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, <<NOTE: Contracts.>> 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.

    [[Page 125 STAT. 881]]

                       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.

    [[Page 125 STAT. 882]]

                      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) <<NOTE: Waiver authority. Certification.>> 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.

    [[Page 125 STAT. 883]]

                                     TITLE V

                               GENERAL PROVISIONS

        Sec. 501.  <<NOTE: Lobbying.>> 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.  <<NOTE: Corporations. Criminal
    violations. Determination.>> 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.  <<NOTE: Corporations. Tax
    liability. Determination.>> 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''.

    [[Page 125 STAT. 884]]

           DIVISION <<NOTE: Financial Services and General Government
    Appropriations Act, 2012. Department of the Treasury Appropriations Act,
    2012.>> 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

    [[Page 125 STAT. 885]]

    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.

    [[Page 125 STAT. 886]]

                          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.

    [[Page 125 STAT. 887]]

        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

    [[Page 125 STAT. 888]]

    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, <<NOTE: Deadlines. Reports. 26 USC
    7801 note.>> 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

    [[Page 125 STAT. 889]]

    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. <<NOTE: Deadline. Reports. 26 USC
    7801 note.>> 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.  <<NOTE: Confidentiality. Identity theft.>> 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.

    [[Page 125 STAT. 890]]

        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.  <<NOTE: Certification.>> 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, <<NOTE: Delegation authority.>> 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

    [[Page 125 STAT. 891]]

    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.  <<NOTE: 31 USC 5120 note.>> 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.  <<NOTE: Plans. Deadline.>> 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

    [[Page 125 STAT. 892]]

    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 <<NOTE: Executive Office of the President Appropriations Act,
    2012.>> 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

    [[Page 125 STAT. 893]]

    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, <<NOTE: Notice. Deadlines.>> 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, <<NOTE: Interest. Penalties. Deadline.>> 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, <<NOTE: Deadline. Reports.>> 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, <<NOTE: Records.>> 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.

    [[Page 125 STAT. 894]]

             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 <<NOTE: Time period. Policy review.>> 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, <<NOTE: Notification.>> 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, <<NOTE: Deadline.>> 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.

    [[Page 125 STAT. 895]]

                     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, <<NOTE: 21 USC 1702 note.>> 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 <<NOTE: Deadline.>> 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, <<NOTE: Funding justification.>> 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, <<NOTE: Notifications. Deadlines.>> 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.

    [[Page 125 STAT. 896]]

                       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, <<NOTE: Deadlines. Reports.>> 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.

    [[Page 125 STAT. 897]]

                    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.  <<NOTE: Time period. Notification.>> 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.  <<NOTE: Reports.>> The Director of the Office of
    Management and Budget shall submit to the Committees on Appropriations
    of the House and the Senate a report on the implementation of Executive
    Order No. 13563 (76 Fed. Reg. 3821; relating to Improving Regulation and
    Regulatory Review) by April 2, 2012. The report shall include
    information on--
                (a) increasing public participation in the rulemaking
            process and reducing uncertainty;
                (b) improving coordination across Federal agencies to
            eliminate redundant, inconsistent, and overlapping regulations;
            and
                (c) identifying existing regulations that have been reviewed
            and determined to be outmoded, ineffective, or excessively
            burdensome.

        Sec. 203.  <<NOTE: Deadline. Reports.>> 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--

    [[Page 125 STAT. 898]]

                (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.  <<NOTE: Deadlines. Reports.>> 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.

    [[Page 125 STAT. 899]]

         This title may be cited as the ``Executive Office of the President
    Appropriations Act, 2012''.

    TITLE <<NOTE: Judiciary Appropriations Act, 2012.>> 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

    [[Page 125 STAT. 900]]

    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

    [[Page 125 STAT. 901]]

    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

    [[Page 125 STAT. 902]]

    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.  <<NOTE: Applicability.>> Section 3314(a) of title 40,
    United States Code, shall be applied by substituting ``Federal'' for
    ``executive'' each place it appears.

        Sec. 305.  <<NOTE: Security services.>> 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). <<NOTE: Reimbursement.>> 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 <<NOTE: District of Columbia Appropriations Act, 2012.>> 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

    [[Page 125 STAT. 903]]

    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, <<NOTE: Accounts.>> 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, <<NOTE: Deadlines. Reports.>> 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 <<NOTE: Time period. Notification.>> agencies:  Provided
    further, That 30 days after providing written notice to the Committees
    on Appropriations of the House of Representatives and the Senate, the

    [[Page 125 STAT. 904]]

    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

    [[Page 125 STAT. 905]]

    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, <<NOTE: Records. Public information.>> 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).

    [[Page 125 STAT. 906]]

           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 <<NOTE: Rescission.>> 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

    [[Page 125 STAT. 907]]

    the Chief Financial Officer of the District of Columbia shall take such
    steps as are necessary to assure that the District of Columbia meets
    these requirements, including the apportioning by the Chief Financial
    Officer of the appropriations and funds made available to the District
    during fiscal year 2012, except that the Chief Financial Officer may not
    reprogram for operating expenses any funds derived from bonds, notes, or
    other obligations issued for capital projects.

         This title may be cited as the ``District of Columbia
    Appropriations Act, 2012''.

                                     TITLE V

                              INDEPENDENT AGENCIES

                 Administrative Conference of the United States

                              salaries and expenses

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

                   Christopher Columbus Fellowship Foundation

                              salaries and expenses

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

                       Consumer Product Safety Commission

                              salaries and expenses

        For necessary expenses of the Consumer Product Safety Commission,
    including hire of passenger motor vehicles, services as authorized by 5
    U.S.C. 3109, but at rates for individuals not to exceed the per diem
    rate equivalent to the maximum rate payable under 5 U.S.C. 5376,
    purchase of nominal awards to recognize non-Federal officials'
    contributions to Commission activities, and not to exceed $4,000 for
    official reception and representation expenses, $114,500,000, of which
    $500,000 shall remain available until September 30, 2013, to implement
    the Virginia Graeme Baker Pool and Spa Safety Act grant program as
    provided by section 1405 of Public Law 110-140 (15 U.S.C. 8004).

          administrative provisions--consumer product safety commission

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

    [[Page 125 STAT. 908]]

            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.  <<NOTE: Deadline. Reports.>> 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.  <<NOTE: Deadline. Reports.>> 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

    [[Page 125 STAT. 909]]

    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 <<NOTE: 118 Stat. 3998.>> 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.

    [[Page 125 STAT. 910]]

                        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).

    [[Page 125 STAT. 911]]

                         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, <<NOTE: Plans. Deadlines. Notification.>> 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 <<NOTE: Advance
    approval.>> 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, <<NOTE: Advance approval.>> 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

    [[Page 125 STAT. 912]]

    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 <<NOTE: Expiration date.>> 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-

    [[Page 125 STAT. 913]]

    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, <<NOTE: Time period. Spending plan. Project explanation.>> 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.

    [[Page 125 STAT. 914]]

           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, <<NOTE: Advance approval.>> 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.  <<NOTE: Contracts. Determination. Explanatory
    statement.>> 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

    [[Page 125 STAT. 915]]

                (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.  <<NOTE: Deadline. Reports.>> 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

    [[Page 125 STAT. 916]]

    to carry out the activities authorized by section 6(7) of Public Law
    102-259 (20 U.S.C. 5604(7)).

                      environmental dispute resolution fund

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

                  National Archives and Records Administration

                               operating expenses

                          (including transfer of funds)

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

                           office of inspector general

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

                             repairs and restoration

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

    [[Page 125 STAT. 917]]

             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

    [[Page 125 STAT. 918]]

    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.

    [[Page 125 STAT. 919]]

           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, <<NOTE: 33 USC 776.>> 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.

    [[Page 125 STAT. 920]]

                 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, <<NOTE: President. Exemption authority.>> That
    during the current fiscal year, the President may exempt this
    appropriation from the provisions of 31 U.S.C. 1341, whenever the
    President

    [[Page 125 STAT. 921]]

    deems such action to be necessary in the interest of national defense:
    Provided further, <<NOTE: Military induction.>> 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

    [[Page 125 STAT. 922]]

    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''.

    [[Page 125 STAT. 923]]

        Sec. 532.  <<NOTE: Effective date. Budget justification. 15 USC
    633a.>> Beginning in fiscal year 2013 and each fiscal year thereafter,
    the budget request for the Small Business Administration shall provide a
    detailed justification of any proposed changes from the enacted level by
    individual appropriation. The detailed justification shall include at a
    minimum a description of each credit and non-credit program including
    amount of funding and costs by appropriation account and fiscal year.
    For activities funded in multiple appropriations, the budget
    justification shall specify the amount included in each enacted
    appropriation, the amount proposed in the budget year and a
    justification for any proposed changes.

                          United States Postal Service

                       payment to the postal service fund

        For payment to the Postal Service Fund for revenue forgone on free
    and reduced rate mail, pursuant to subsections (c) and (d) of section
    2401 of title 39, United States Code, $78,153,000, which shall not be
    available for obligation until October 1, 2012:
    Provided, <<NOTE: Overseas voting. Blind persons.>> 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.

    [[Page 125 STAT. 924]]

                                    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.  <<NOTE: Contracts.>> 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

    [[Page 125 STAT. 925]]

    activities unless prior approval is received from the Committees on
    Appropriations of the House of Representatives and the Senate:
    Provided, <<NOTE: Consultation.>> 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 <<NOTE: Deadline. Reports.>> 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, <<NOTE: Reports.>> 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, <<NOTE: Fines.>> 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, <<NOTE: Expenditure request.>> 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.  <<NOTE: Background reports.>> 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.  <<NOTE: Abortion.>> No funds appropriated by this Act
    shall be available to pay for an abortion, or the administrative
    expenses in connection

    [[Page 125 STAT. 926]]

    with any health plan under the Federal employees health benefits program
    which provides any benefits or coverage for abortions.

        Sec. 614.  <<NOTE: Abortion.>> 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.  <<NOTE: Time period. 31 USC 5112 note.>> 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'';

    [[Page 125 STAT. 927]]

                (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.  <<NOTE: Deadlines. Reports.>> 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. <<NOTE: Contracts. Consultation.>> (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) <<NOTE: Definition.>> For purposes of this section, the term
    ``Executive agency covered by this Act'' means any Executive agency
    provided funds by this Act, but does not include the General Services
    Administration or the United States Postal Service.

        Sec. 626.  None of the funds made available in this Act may be used
    by the Federal Trade Commission to complete the draft report entitled
    ``Interagency Working Group on Food Marketed to Children: Preliminary
    Proposed Nutrition Principles to Guide Industry Self-Regulatory
    Efforts'' unless the Interagency Working Group on Food Marketed to
    Children complies with Executive Order No. 13563.
        Sec. 627.  None of the funds made available by this Act may be used
    to pay the salaries and expenses for the following positions:
                (1) Director, White House Office of Health Reform.
                (2) Assistant to the President for Energy and Climate
            Change.
                (3) Senior Advisor to the Secretary of the Treasury assigned
            to the Presidential Task Force on the Auto Industry and Senior
            Counselor for Manufacturing Policy.
                (4) White House Director of Urban Affairs.

        Sec. 628.  <<NOTE: Global Positioning System.>> 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

    [[Page 125 STAT. 928]]

    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.  <<NOTE: Corporations. Tax liability.>> 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.  <<NOTE: Corporations. Criminal violation.>> 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.  <<NOTE: Drug-free workplaces.>> 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.  <<NOTE: 31 USC 1343 note.>> 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

    [[Page 125 STAT. 929]]

    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.  <<NOTE: 5 USC 3101 note.>> 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, <<NOTE: Affidavit.>> 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, <<NOTE: Penalties.>> 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, <<NOTE: Time period.>> 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.

    [[Page 125 STAT. 930]]

        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.  <<NOTE: Applicability.>> 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.  <<NOTE: Notification.>> 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

    [[Page 125 STAT. 931]]

    the Senate. <<NOTE: Definition.>> 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

    [[Page 125 STAT. 932]]

                (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 <<NOTE: Nondisclosure agreement.>> controlling.'':
    Provided, That notwithstanding the preceding provision of this section,
    a nondisclosure policy form or agreement that is to be executed by

    [[Page 125 STAT. 933]]

    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) <<NOTE: Effective date.>> 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.  <<NOTE: Lobbying.>> 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

    [[Page 125 STAT. 934]]

    private contractor, for publicity or propaganda purposes within the
    United States not heretofore authorized by the Congress.
        Sec. 720. (a) <<NOTE: Definition.>> 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, <<NOTE: Time period. Notification.>> 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.  <<NOTE: Breastfeeding.>> Notwithstanding any other
    provision of law, a woman may breastfeed her child at any location in a
    Federal building

    [[Page 125 STAT. 935]]

    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, <<NOTE: Reports. Deadline.>> 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, <<NOTE: Applicability.>> 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.

    [[Page 125 STAT. 936]]

        Sec. 727. (a) <<NOTE: Contracts. Contraceptives.>> 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) <<NOTE: Abortion.>> Nothing in this section shall be construed
    to require coverage of abortion or abortion-related services.

        Sec. 728.  <<NOTE: Sports. Drugs and drug abuse.>> 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) <<NOTE: Time period. Reports.>> 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.

    [[Page 125 STAT. 937]]

        (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.  <<NOTE: Study.>> 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.  <<NOTE: News story.>> 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.  <<NOTE: Evaluation. Travel cards. 5 USC 5701 note.>> 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. <<NOTE: Guidelines. Procedures.>> 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

    [[Page 125 STAT. 938]]

    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 <<NOTE: Certification.>> 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 <<NOTE: Contracts.>> 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 <<NOTE: Determination.>> 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.

    [[Page 125 STAT. 939]]

        (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) <<NOTE: Election disclosure.>> 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

    [[Page 125 STAT. 940]]

    transfer not to exceed $10,000,000 under such heading for salaries and
    expenses of such Commission:  Provided, <<NOTE: Notification.>> 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.  <<NOTE: Lobbying.>> 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. <<NOTE: Notification. Time period.>> (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).

    [[Page 125 STAT. 941]]

        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. <<NOTE: Voting rights.>> (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.  <<NOTE: Needle distribution.>> 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.  <<NOTE: Contraceptives. Conscience exceptions.>> 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.  <<NOTE: Deadline. Reports.>> 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

    [[Page 125 STAT. 942]]

            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.  <<NOTE: Penalties. Drugs and drug abuse.>> 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.  <<NOTE: Abortion.>> 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) <<NOTE: Deadline. Operating budget.>> 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) <<NOTE: Applicability. Certification.>> 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.  <<NOTE: Deadline. Operating budget.>> 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.

    [[Page 125 STAT. 943]]

        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) <<NOTE: 118 Stat. 1352.>> 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 <<NOTE: Department of Homeland Security
      Appropriations Act, 2012.>> 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, <<NOTE: Deadline. Expenditure plan.>> 2012:
    Provided further,

    [[Page 125 STAT. 944]]

    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 <<NOTE: Comprehensive plan.>> 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, <<NOTE: Reports. Deadlines.>> 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, <<NOTE: Deadline. Plans.>> 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

    [[Page 125 STAT. 945]]

    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;

    [[Page 125 STAT. 946]]

    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, <<NOTE: Plans. Deadline.>> 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;

    [[Page 125 STAT. 947]]

                        (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 <<NOTE: Deadline. Expenditure plan. Project
    list.>> 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, <<NOTE: Expenditure plan. Deadline.>> 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, <<NOTE: Deadline. Plans.>> 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

    [[Page 125 STAT. 948]]

                (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, <<NOTE: Reports. Deadline.>> 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

    [[Page 125 STAT. 949]]

    border security, $236,596,000, to remain available until September 30,
    2016:  Provided, <<NOTE: Plans. Deadline. 6 USC 214 note.>> 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, <<NOTE: Deadline. Inventory. Plans.>> 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, <<NOTE: Waiver authority.>> 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, <<NOTE: Reports. Deadlines.>> 2013:  Provided further,
    That the Assistant Secretary of Homeland Security for U.S. Immigration
    and Customs Enforcement shall report to

    [[Page 125 STAT. 950]]

    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, <<NOTE: Aliens.>> That the Secretary of Homeland Security shall
    prioritize the identification and removal of aliens convicted of a crime
    by the severity of that <<NOTE: Detention beds.>> 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, <<NOTE: Determination.>> 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, <<NOTE: Contracts.>> 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-

    [[Page 125 STAT. 951]]

    and small-sized airports:  Provided further, <<NOTE: Explosives
    detection systems.>> 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 <<NOTE: Fees.>> $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, <<NOTE: Deadline. Reports.>> 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.

    [[Page 125 STAT. 952]]

                         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, <<NOTE: Expenditure plans.>> 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, <<NOTE: Deadline.>> 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.

    [[Page 125 STAT. 953]]

    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 <<NOTE: Compliance.>> 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, <<NOTE: Investment plan.>> 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

    [[Page 125 STAT. 954]]

    personnel compensation and benefits and
    related <<NOTE: Contracts.>> 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, <<NOTE: Deadline. Investment plan. 14 USC 663 note.>> 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

    [[Page 125 STAT. 955]]

                        (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, <<NOTE: Applicability.>> 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

    [[Page 125 STAT. 956]]

    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 <<NOTE: Waiver authority.>> 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, <<NOTE: Reports. Certification.>> 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, <<NOTE: Notification. Deadline.>> 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.

    [[Page 125 STAT. 957]]

          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 <<NOTE: Notification. Deadline.>> 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, <<NOTE: Deadline.>> 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, <<NOTE: Expenditure plan. Deadline.>> 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 <<NOTE: Certification. Deadline.>> 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,

    [[Page 125 STAT. 958]]

    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, <<NOTE: Expenditure plan. Deadline.>> 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 <<NOTE: Strategic plan.>> 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, <<NOTE: Deadline. Plans.>> 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.

    [[Page 125 STAT. 959]]

                            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, <<NOTE: Expenditure plan. Deadline.>> 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 <<NOTE: Reports. Comprehensive plan.>> 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, <<NOTE: Disaster evacuation. West
    Virginia. Pennsylvania.>> 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

    [[Page 125 STAT. 960]]

    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, <<NOTE: Strategic plan. Deadline.>> 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, <<NOTE: Puerto Rico.>> 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).

    [[Page 125 STAT. 961]]

                (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 <<NOTE: Security
            assistance.>> 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, <<NOTE: Grants. Deadlines.>> 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 <<NOTE: Reports. Determination.>> 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

    [[Page 125 STAT. 962]]

    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, <<NOTE: Fees.>> 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, <<NOTE: Effective date.>> 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.

    [[Page 125 STAT. 963]]

                        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, <<NOTE: Expenditure plan. Deadline.>> 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 <<NOTE: Deadlines. Reports.>> 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 <<NOTE: 42 USC 5208. Reports.>> 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

    [[Page 125 STAT. 964]]

                    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) <<NOTE: Deadlines.>> 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

    [[Page 125 STAT. 965]]

    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

    [[Page 125 STAT. 966]]

    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

    [[Page 125 STAT. 967]]

    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, <<NOTE: Deadline. Strategic plan.>> 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

    [[Page 125 STAT. 968]]

    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. <<NOTE: Notifications. Deadlines.>> (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;

    [[Page 125 STAT. 969]]

                (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) <<NOTE: Applicability.>> 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

    [[Page 125 STAT. 970]]

    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, <<NOTE: Approval
    request.>> 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. <<NOTE: Grants. Contracts. Notifications. Deadlines.>> (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) <<NOTE: Waiver authority.>> 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

    [[Page 125 STAT. 971]]

                (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) <<NOTE: Briefing.>> 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.  <<NOTE: Contracts.>> 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.  <<NOTE: Applicability.>> 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.  <<NOTE: Deadlines. Budget. Reports.>> 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.

    [[Page 125 STAT. 972]]

        Sec. 516.  <<NOTE: Notification.>> 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, <<NOTE: Deadlines. Reports.>> 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.  <<NOTE: Classified information.>> 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. <<NOTE: Grants. Contracts.>> (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) <<NOTE: Waiver authority.>> 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) <<NOTE: Deadline. Notification.>> 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.

    [[Page 125 STAT. 973]]

        (d) <<NOTE: Reviews.>> 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, <<NOTE: Reports. Deadline.>> 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.  <<NOTE: Deadlines.>> 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) <<NOTE: Notification.>> 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) <<NOTE: Reports.>> 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.  <<NOTE: Butane lighters.>> 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.

    [[Page 125 STAT. 974]]

        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.  <<NOTE: Equine. 6 USC 453c.>> 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.  <<NOTE: Contracts. Fees.>> 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 <<NOTE: Notification. Deadline.>> 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).

    [[Page 125 STAT. 975]]

        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.  <<NOTE: Drugs and drug abuse. Canada.>> 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, <<NOTE: Applicability.>> 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.  <<NOTE: Notification.>> 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.  <<NOTE: National identification card.>> None of the funds
    made available in this Act may be used for planning, testing, piloting,
    or developing a national identification card.

        Sec. 536.  <<NOTE: Determination. Certification.>> 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) <<NOTE: Deadline. President. Web
    posting. Reports.>> 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.

    [[Page 125 STAT. 976]]

        (b) The Administrator may redact from a report under subsection (a)
    any data that the Administrator determines would compromise national
    security.
        (c) <<NOTE: Definitions.>> 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. <<NOTE: Determination. New York. Real property. 6 USC 190
    note.>> (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.  <<NOTE: Khalid Sheikh Mohammed. Detainees.>> 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

    [[Page 125 STAT. 977]]

    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. <<NOTE: Privacy.>> (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) <<NOTE: Deadline. Certification.>> 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.  <<NOTE: 6 USC 124j note.>> 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.  <<NOTE: Contracts.>> 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) <<NOTE: Deadline. Reports.>> 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--

    [[Page 125 STAT. 978]]

                        (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) <<NOTE: Reports. Deadline. Certification.>> 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) <<NOTE: Design plan. Assessments.>> 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.

    [[Page 125 STAT. 979]]

        (c) <<NOTE: Contracts.>> 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). <<NOTE: Reports. Deadline.>> 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. <<NOTE: Grants.>> (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, <<NOTE: Notification. Deadline.>> 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.  <<NOTE: Arbitrations.>> 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.  <<NOTE: Contracts.>> 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) <<NOTE: Deadline. Notification.>> 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.  <<NOTE: 6 USC 464.>> For fiscal year 2012 and thereafter,
    U.S. Customs and Border Protection's Advanced Training Center is
    authorized

    [[Page 125 STAT. 980]]

    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 <<NOTE: 123 Stat.
    2180.>> 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.  <<NOTE: Detention facilities. Real
    property.>> 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, <<NOTE: Notification. Deadline.>> 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 <<NOTE: Expenditure
    plan. Deadline.>> 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));

    [[Page 125 STAT. 981]]

                (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.  <<NOTE: Firefighters. Waivers.>> 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.  <<NOTE: 33 USC 2712 note.>> 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)

    [[Page 125 STAT. 982]]

            or subsection (b) of this section without regard to whether
            signs are displayed at an airport as required by paragraph
            (1).''.

        Sec. 565. <<NOTE: Disaster Assistance Recoupment Fairness Act of
    2011.>> (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

    [[Page 125 STAT. 983]]

                        (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) <<NOTE: Applicability.>> 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.  <<NOTE: ACORN.>> 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.  <<NOTE: Plans. Deadlines.>> 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

    [[Page 125 STAT. 984]]

                (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'';

    [[Page 125 STAT. 985]]

                (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 <<NOTE: Department of the Interior, Environment,
       and Related Agencies Appropriations Act, 2012.>> 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

    [[Page 125 STAT. 986]]

    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).

    [[Page 125 STAT. 987]]

                               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, <<NOTE: 43 USC 1735 note.>> 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

    [[Page 125 STAT. 988]]

    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. <<NOTE: Wild horses. Burros.>> 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, <<NOTE: 16 USC 742l-1.>> 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, <<NOTE: 16 USC 754e.>> That
    in fiscal year 2012 and hereafter,

    [[Page 125 STAT. 989]]

    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

    [[Page 125 STAT. 990]]

    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

    [[Page 125 STAT. 991]]

    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

    [[Page 125 STAT. 992]]

    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 <<NOTE: 16 USC 460l-10a note.>> 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.

    [[Page 125 STAT. 993]]

                         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, <<NOTE: 43 USC 50.>> 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.

    [[Page 125 STAT. 994]]

                        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, <<NOTE: 43 USC 1331
    note.>> 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.

    [[Page 125 STAT. 995]]

    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 <<NOTE: 43 USC 1331
    note.>> 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, <<NOTE: 30 USC 1211 note.>> 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

    [[Page 125 STAT. 996]]

    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, <<NOTE: 30 USC 1257 note.>> 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

    [[Page 125 STAT. 997]]

    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, <<NOTE: Expiration date.>> 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

    [[Page 125 STAT. 998]]

    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, <<NOTE: Grants. Negotiation.>> 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.

    [[Page 125 STAT. 999]]

        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 <<NOTE: Alaska.>> 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. <<NOTE: Charter
    schools.>> 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

    [[Page 125 STAT. 1000]]

    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,

    [[Page 125 STAT. 1001]]

    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, <<NOTE: 48 USC 1469b.>> 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

    [[Page 125 STAT. 1002]]

    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, <<NOTE: Deadline. Account statement. Records.>> 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

    [[Page 125 STAT. 1003]]

    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 <<NOTE: Guidance.>> 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

    [[Page 125 STAT. 1004]]

    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, <<NOTE: Notification.>> 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, <<NOTE: Declaration.>> 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,

    [[Page 125 STAT. 1005]]

    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

    [[Page 125 STAT. 1006]]

    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, <<NOTE: Determination.>> 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

    [[Page 125 STAT. 1007]]

    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.

    [[Page 125 STAT. 1008]]

                        everglades ecosystem restoration

        Sec. 107.  <<NOTE: 16 USC 410i note.>> 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.  <<NOTE: New York. New
    Jersey. Contracts.>> 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) <<NOTE: Deadlines.>> 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

    [[Page 125 STAT. 1009]]

    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) <<NOTE: 25 USC 372-2.>> 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.  <<NOTE: Effective date. Time period.>> 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. <<NOTE: 16 USC 1336 note.>> (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. <<NOTE: Contracts. 25 USC 2000 note.>> (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,

    [[Page 125 STAT. 1010]]

    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) <<NOTE: Regulations. Deadline.>> 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) <<NOTE: Applicability.>> Provisions of this section shall apply
    to fiscal years 2012 through 2014.

                             authorized use of funds

        Sec. 116.  Section 3006 of Public Law <<NOTE: 124 Stat. 2339.>> 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

    [[Page 125 STAT. 1011]]

    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) <<NOTE: Certification.>> 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.  <<NOTE: Boating.>> 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 <<NOTE: Grants.>> 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.

    [[Page 125 STAT. 1012]]

                                hiring authorities

        Sec. 121. <<NOTE: 16 USC 1725a.>> (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) <<NOTE: Applicability.>> 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) <<NOTE: Time period.>> 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. <<NOTE: Applicability. Effective date.>> 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

    [[Page 125 STAT. 1013]]

    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. <<NOTE: Definition.>> 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) <<NOTE: 43 USC 1781a.>> 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. <<NOTE: Termination.>> 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

    [[Page 125 STAT. 1014]]

            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

    [[Page 125 STAT. 1015]]

    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

    [[Page 125 STAT. 1016]]

    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, <<NOTE: Native Americans.>> 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

    [[Page 125 STAT. 1017]]

    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, <<NOTE: Alaska.>> 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

    [[Page 125 STAT. 1018]]

    fund, and used for eligible purposes of the fund, including
    administration:  Provided further, <<NOTE: Grants. Native
    Americans.>> 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, <<NOTE: Applicability.>> 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, <<NOTE: 42 USC 300j-12 note.>> 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

    [[Page 125 STAT. 1019]]

    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 <<NOTE: Fees.>> 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 <<NOTE: Contracts. Grants.>> 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.

    [[Page 125 STAT. 1020]]

        For <<NOTE: Applicability. 33 USC 1372 note.>> 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 <<NOTE: Applicability. 42 USC 300j-9 note.>> 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 <<NOTE: Deadline. Notification.>> 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, <<NOTE: Determination. Deadline.>> 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.

    [[Page 125 STAT. 1021]]

                             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 <<NOTE: Roads.>> 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

    [[Page 125 STAT. 1022]]

    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

    [[Page 125 STAT. 1023]]

    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, <<NOTE: Determination.>> 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

    [[Page 125 STAT. 1024]]

    pursuant to the Concurrent Resolution on the Budget or the Balanced
    Budget and Emergency Deficit Control Act of 1985, as amended:  Provided
    further, <<NOTE: Notification.>> 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, <<NOTE: Assessments.>> 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, <<NOTE: Declaration. Deadline.>> 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.

    [[Page 125 STAT. 1025]]

    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 <<NOTE: Notification. Deadline.>> 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 <<NOTE: 16 USC 556i.>> 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

    [[Page 125 STAT. 1026]]

    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 <<NOTE: Time period.>> 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 <<NOTE: Assessments.>> 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

    [[Page 125 STAT. 1027]]

    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, <<NOTE: Allocations.>> 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

    [[Page 125 STAT. 1028]]

    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, <<NOTE: Reports.>> 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

    [[Page 125 STAT. 1029]]

    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 <<NOTE: Assessments.>> 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

    [[Page 125 STAT. 1030]]

    or tribal organization without fiscal year <<NOTE: Regulations. Budget
    request.>> 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 <<NOTE: Notification.>> 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

    [[Page 125 STAT. 1031]]

    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, <<NOTE: Appointment.>> $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, <<NOTE: Career positions.>> That the Chemical
    Safety and Hazard Investigation Board (Board) shall have not more than
    three career Senior Executive Service positions:  Provided further,
    That <<NOTE: 5 USC app. 8G note.>> 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

    [[Page 125 STAT. 1032]]

    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, <<NOTE: Relocation.>> 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, <<NOTE: Contracts.>> 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

    [[Page 125 STAT. 1033]]

    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, <<NOTE: 20 USC 80r-6 note.>> 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 <<NOTE: Contracts.>> 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.

    [[Page 125 STAT. 1034]]

                 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.

    [[Page 125 STAT. 1035]]

                            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.

    [[Page 125 STAT. 1036]]

                    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 <<NOTE: Effective date. Contracts. 40 USC 8903
    note.>> 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

    [[Page 125 STAT. 1037]]

    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.  <<NOTE: Contracts.>> 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.  <<NOTE: Lobbying.>> 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.  <<NOTE: Budget estimates.>> 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.

    [[Page 125 STAT. 1038]]

                                  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. <<NOTE: Patents and trademarks.>> (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 <<NOTE: Determination.>> (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

    [[Page 125 STAT. 1039]]

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

                      prohibition within national monuments

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

         amendments to the temporary emergency wildfire suppression act

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

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

        ``In this Act:
                ``(1) Assume any and all liability.--The term `assume any
            and all liability' means--
                        ``(A) the payment of--
                              ``(i) any judgment, settlement, fine, penalty,
                          or cost assessment (including prevailing party
                          legal fees) associated with the applicable
                          litigation; and

    [[Page 125 STAT. 1040]]

                              ``(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:

    [[Page 125 STAT. 1041]]

    ``SEC. 4. <<NOTE: 42 USC 1856n-1.>> 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''.

    [[Page 125 STAT. 1042]]

                             contracting authorities

        Sec. 412.  <<NOTE: Urban and rural areas.>> 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 <<NOTE: Guidance.>> (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.  <<NOTE: Alaska.>> 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

    [[Page 125 STAT. 1043]]

    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. <<NOTE: Web posting.>> (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--

    [[Page 125 STAT. 1044]]

                (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) <<NOTE: Procedures.>> 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) <<NOTE: Definitions.>> 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) <<NOTE: Reports. Deadline.>> 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

    [[Page 125 STAT. 1045]]

                (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.  <<NOTE: Termination date.>> 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.  <<NOTE: Deadline. Reports.>> 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.  <<NOTE: President.>> 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

    [[Page 125 STAT. 1046]]

    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.  <<NOTE: Regulations. Applicability. 16 USC 6515
    note.>> 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, <<NOTE: Determination. Notice.>> 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.  <<NOTE: Effective date. Termination
    date. Permits. Water.>> 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,

    [[Page 125 STAT. 1047]]

    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.

    [[Page 125 STAT. 1048]]

        (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. <<NOTE: Termination
    date.>> 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) <<NOTE: 42 USC 7627 note.>> 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--

    [[Page 125 STAT. 1049]]

                (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) <<NOTE: 42 USC 7627 note.>> 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) <<NOTE: Study.>> 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) <<NOTE: Consultation.>> 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) <<NOTE: Reports. Deadline.>> 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.  <<NOTE: Corporations. Criminal violations.>> 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.  <<NOTE: Corporations.>> 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

    [[Page 125 STAT. 1050]]

    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.  <<NOTE: Termination date.>> (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) <<NOTE: Applicability.>> 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''.

    [[Page 125 STAT. 1051]]

     DIVISION F--DEPARTMENTS <<NOTE: Departments of Labor, Health and Human
       Services, and Education, and Related Agencies Appropriations Act,
     2012. Department of Labor Appropriations Act, 2012.>> 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

    [[Page 125 STAT. 1052]]

                    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

    [[Page 125 STAT. 1053]]

                    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, <<NOTE: Grants.>> That of this amount,
                    $20,000,000 shall be for competitive grants to national
                    and regional intermediaries for activities that prepare
                    young ex-offenders and school dropouts for employment,
                    with a priority for projects serving high-crime, high-
                    poverty areas;
                        (C) $9,581,000 for Evaluation, which shall be
                    available for the period July 1, 2012 through June 30,
                    2013; and
                        (D) $6,475,000 for the Workforce Data Quality
                    Initiative, under the authority of section 171(c)(2) of
                    the WIA, which shall be available for the period July 1,
                    2012 through June 30, 2013, and which shall not be
                    subject to the requirements of section 171(c)(4)(D).

                              office of jobs corps

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

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

                community service employment for older americans

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

    [[Page 125 STAT. 1054]]

    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

    [[Page 125 STAT. 1055]]

            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.

    [[Page 125 STAT. 1056]]

             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, <<NOTE: Notification.>> 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, <<NOTE: Notification.>> 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

    [[Page 125 STAT. 1057]]

    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

    [[Page 125 STAT. 1058]]

    further, <<NOTE: Determination.>> 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 <<NOTE: 26 USC 95001 note.>> 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

    [[Page 125 STAT. 1059]]

    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, <<NOTE: Fees.>> 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, <<NOTE: Farms and farming.>> 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, <<NOTE: Small businesses.>> 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;

    [[Page 125 STAT. 1060]]

                (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, <<NOTE: Farms and farming.>> 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; <<NOTE: 30 USC 962.>> 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.

    [[Page 125 STAT. 1061]]

                           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

    [[Page 125 STAT. 1062]]

    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, <<NOTE: Notification. Deadline.>> 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.  <<NOTE: Child labor.>> 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

    [[Page 125 STAT. 1063]]

    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, <<NOTE: Plan. Deadline.>> 2013:  Provided, That such funds
    shall only be available if the Chief Evaluation Officer

    [[Page 125 STAT. 1064]]

    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) <<NOTE: Reports.>> 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) <<NOTE: Deadline.>> 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''.

    [[Page 125 STAT. 1065]]

    TITLE <<NOTE: Department of Health and Human Services Appropriation Act,
    2012.>> 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, <<NOTE: Waiver authority.>> 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, <<NOTE: Fees.>> 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

    [[Page 125 STAT. 1066]]

    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, <<NOTE: Abortion.>> That amounts provided to said projects
    under such title shall not be expended for abortions, that all pregnancy
    counseling

    [[Page 125 STAT. 1067]]

    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.

    [[Page 125 STAT. 1068]]

                 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

    [[Page 125 STAT. 1069]]

    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,

    [[Page 125 STAT. 1070]]

    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.

    [[Page 125 STAT. 1071]]

      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.

    [[Page 125 STAT. 1072]]

           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.

    [[Page 125 STAT. 1073]]

                             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

    [[Page 125 STAT. 1074]]

    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.

    [[Page 125 STAT. 1075]]

        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, <<NOTE: Fees.>> 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.

    [[Page 125 STAT. 1076]]

                   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, <<NOTE: Reports.>> 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

    [[Page 125 STAT. 1077]]

    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.

    [[Page 125 STAT. 1078]]

                     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, <<NOTE: Procedures. Time period. 42 USC 9921 note.>> 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

    [[Page 125 STAT. 1079]]

    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 <<NOTE: Applicability.>> 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),

    [[Page 125 STAT. 1080]]

    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

    [[Page 125 STAT. 1081]]

    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 <<NOTE: Embryo adoption.>> 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.

    [[Page 125 STAT. 1082]]

                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.  <<NOTE: Government employees. Children and
    youth. AIDS.>> 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.  <<NOTE: Reports.>> 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.  <<NOTE: Determination.>> 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

    [[Page 125 STAT. 1083]]

    in this Act:  Provided further, <<NOTE: Notification. Deadline.>> 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, <<NOTE: Notification. Deadline.>> 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.  <<NOTE: Certification. Family planning. Children and
    youth.>> 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.  <<NOTE: Child abuse.>> 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.  <<NOTE: Abortion.>> 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

    [[Page 125 STAT. 1084]]

            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. <<NOTE: Applicability.>> 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

    [[Page 125 STAT. 1085]]

    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.  <<NOTE: 42 USC 2940 note.>> 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.  <<NOTE: Gun control.>> 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.  <<NOTE: Federal Register, publication.>> 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) <<NOTE: Web site. Public information. 42 USC 300u-11
    note.>> 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) <<NOTE: Deadline.>> 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

    [[Page 125 STAT. 1086]]

            of the recipient, to be posted not later than 5 days after the
            award is made.
                (4) <<NOTE: Reports. Deadline.>> 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) <<NOTE: Reports. Deadlines. Time period.>> 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 <<NOTE: 42 USC
                    287a, 287a-1.>> 481; and
                        (C) by amending section 479 to read as follows:
    ``SEC. 479. <<NOTE: 42 USC 287.>> 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) <<NOTE: Notice. Time period.>> 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;

    [[Page 125 STAT. 1087]]

                ``(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) <<NOTE: 42 USC 283k.>> 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

    [[Page 125 STAT. 1088]]

                                                (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) <<NOTE: 42 USC 283l.>> 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) <<NOTE: 42 USC 283m.>> 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) <<NOTE: 42 USC 283n.>> 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, <<NOTE: 42 USC 285k.>> by
                    striking the section heading and designation and all
                    that follows through ``The general purpose'' and
                    inserting the following:

    [[Page 125 STAT. 1089]]

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

        ``(a) General Purpose.--The general purpose'';
                        (B) <<NOTE: 42 USC 282, 285k.>> 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), <<NOTE: 42 USC 285k.>> 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) <<NOTE: 42 USC 287a.>> 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) <<NOTE: 42 USC 283h, 287a-1.>> by
                          redesignating such section as section 481 and
                          moving such section to follow section 480, as
                          redesignated by paragraph (1);
                              (ii) <<NOTE: 42 USC 287a-1.>> 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) <<NOTE: 42 USC 287a-1.>> in subsection
                          (b)(1)(C), by striking ``404G'' and inserting
                          ``481A''; and
                        (B) in section 401(c)(2)(A), <<NOTE: 42 USC
                    281.>> by striking ``the Office of Rare Diseases,''.
                (3) <<NOTE: 42 USC 287a-2.>> 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

    [[Page 125 STAT. 1090]]

                        (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.  <<NOTE: Reduction.>> 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 <<NOTE: Department of Education Appropriations Act, 2012.>> 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

    [[Page 125 STAT. 1091]]

    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

    [[Page 125 STAT. 1092]]

    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, <<NOTE: Eligibility.>> 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.

    [[Page 125 STAT. 1093]]

                                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, <<NOTE: Grants.>> 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 <<NOTE: Financial plan.>> 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

    [[Page 125 STAT. 1094]]

    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, <<NOTE: Plans.>> 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, <<NOTE: Charter schools. Audits.>> 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

    [[Page 125 STAT. 1095]]

    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.

    [[Page 125 STAT. 1096]]

               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.

    [[Page 125 STAT. 1097]]

        The <<NOTE: 20 USC 1070a note.>> 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.

    [[Page 125 STAT. 1098]]

      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.

    [[Page 125 STAT. 1099]]

                               General Provisions

        Sec. 301.  <<NOTE: Racial desegregation.>> 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.  <<NOTE: Voluntary prayer. Meditation.>> 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, <<NOTE: Notification. Deadline.>> 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.  <<NOTE: Applicability. 42 USC 1921d note.>> 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.

    [[Page 125 STAT. 1100]]

        (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) <<NOTE: 123 Stat. 3272; Ante, p.
    164.>> 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) <<NOTE: Applicability. 20 USC 1091 note.>> 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.

    [[Page 125 STAT. 1101]]

                (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) <<NOTE: Applicability. Time period. 20 USC 1078
            note.>> 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) <<NOTE: Applicability. Time
                                    periods.>> 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) <<NOTE: Applicability.>> I
                                            n general.--A waiver pursuant to
                                            subclause (II) shall be in a
                                            form (printed or electronic)
                                            prescribed by the Secretary, and
                                            shall be applicable to--

    [[Page 125 STAT. 1102]]

                                                    ``(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

    [[Page 125 STAT. 1103]]

                        (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) <<NOTE: 20 USC 1001 note.>> Effective Date.--The amendments made
    by subsections (a), (b), and (c) shall take effect on July 1, 2012.

        (h) <<NOTE: 20 USC 1089 note.>> 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

    [[Page 125 STAT. 1104]]

    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, <<NOTE: Applicability.>> 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, <<NOTE: Determination. Notice.>> 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.  <<NOTE: Notice. Public comment.>> 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.

    [[Page 125 STAT. 1105]]

        Sec. 402.  <<NOTE: Requirements. 42 USC 12571 note.>> 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 <<NOTE: Discrimination.>> 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, <<NOTE: Political test.>> 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, <<NOTE: Fees.>> That fees for arbitration

    [[Page 125 STAT. 1106]]

    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

    [[Page 125 STAT. 1107]]

    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.

    [[Page 125 STAT. 1108]]

                          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

    [[Page 125 STAT. 1109]]

    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 <<NOTE: Notification.>> 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, <<NOTE: Deadline. Reports.>> 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, <<NOTE: Notice. Deadline.>> That
    notice

    [[Page 125 STAT. 1110]]

    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. <<NOTE: Lobbying.>> (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) <<NOTE: Gun control.>> 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

    [[Page 125 STAT. 1111]]

    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. <<NOTE: Abortion.>> (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) <<NOTE: Definition.>> 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. <<NOTE: Abortion.>> (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) <<NOTE: Definition.>> In this subsection, the term ``health care
    entity'' includes an individual physician or other health care
    professional, a hospital,

    [[Page 125 STAT. 1112]]

    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) <<NOTE: Human embryos.>> 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) <<NOTE: Definition.>> 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. <<NOTE: Drugs and drug abuse.>> (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.  <<NOTE: Health and health care.>> 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.  <<NOTE: Contracts. Reports.>> 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.  <<NOTE: Certifications.>> 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.

    [[Page 125 STAT. 1113]]

        Sec. 514.  <<NOTE: Certifications.>> 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. <<NOTE: Deadlines. Notifications.>> (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. <<NOTE: Political disclosures.>> (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.

    [[Page 125 STAT. 1114]]

        (b) None of the funds made available in this Act may be used to
    disseminate information that is deliberately false or misleading.
        Sec. 517.  <<NOTE: Deadline. Operating plan.>> 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.  <<NOTE: Reports.>> 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. <<NOTE: Deadline.>> 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.  <<NOTE: Contracts. Grants. Certification.>> 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.  <<NOTE: Claims.>> 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.  <<NOTE: Mexico.>> 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.

    [[Page 125 STAT. 1115]]

                                  (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.  <<NOTE: Needle distribution.>> 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.  <<NOTE: Deadlines. Reports. 31 USC 1502 note.>> 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

    [[Page 125 STAT. 1116]]

    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 <<NOTE: Legislative Branch Appropriations Act,
    2012. 2 USC 60a note.>> 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.

    [[Page 125 STAT. 1117]]

                              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.

    [[Page 125 STAT. 1118]]

                        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. <<NOTE: 2 USC 68f.>> (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.

    [[Page 125 STAT. 1119]]

                            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

    [[Page 125 STAT. 1120]]

    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

    [[Page 125 STAT. 1121]]

    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) <<NOTE: Applicability. 2 USC 74a-13 note.>> 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. <<NOTE: 2 USC 74a-11a.>> (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

    [[Page 125 STAT. 1122]]

                    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).

    [[Page 125 STAT. 1123]]

        (c) <<NOTE: Effective date. 2 USC 74a-8 note.>> 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.  <<NOTE: Effective date.>> Effective February 1, 2010--
                (1) <<NOTE: Repeal.>> 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

    [[Page 125 STAT. 1124]]

    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) <<NOTE: 2 USC 60c-5 note.>> 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.

    [[Page 125 STAT. 1125]]

    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.  <<NOTE: 2 USC 1934.>> (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,

    [[Page 125 STAT. 1126]]

    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 <<NOTE: Applicability.>> 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

    [[Page 125 STAT. 1127]]

    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,

    [[Page 125 STAT. 1128]]

    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.  <<NOTE: 2 USC 1862a.>> (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

    [[Page 125 STAT. 1129]]

    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.  <<NOTE: 2 USC 1811 note.>> (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.

    [[Page 125 STAT. 1130]]

                                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.

    [[Page 125 STAT. 1131]]

                 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, <<NOTE: Contracts. Newspapers.>> 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. <<NOTE: 2 USC 143d.>> (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.

    [[Page 125 STAT. 1132]]

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

        Sec. 1304.  <<NOTE: 2 USC 149a.>> (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 <<NOTE: Time period.>> 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.

    [[Page 125 STAT. 1133]]

                      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.

    [[Page 125 STAT. 1134]]

                        GOVERNMENT ACCOUNTABILITY OFFICE

                              Salaries and Expenses

        For <<NOTE: Regulations.>> 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) <<NOTE: Applicability. 2 USC 60q note.>> 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

    [[Page 125 STAT. 1135]]

    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.  <<NOTE: Contracts.>> 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

    [[Page 125 STAT. 1136]]

    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''.

    [[Page 125 STAT. 1137]]

    DIVISION H--MILITARY <<NOTE: Military Construction and Veterans Affairs,
       and Related Agencies Appropriations Act, 2012.>> 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, <<NOTE: Determination. Notification.>> 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, <<NOTE: Determination. Notification.>> 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, <<NOTE: Determination. Notification.>> 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.

    [[Page 125 STAT. 1138]]

                       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, <<NOTE: Determination. Notification.>> 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 <<NOTE: Contracts. Germany. Plans. Certification.>> headquar
    ters:  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, <<NOTE: Determination. Notification.>> 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

    [[Page 125 STAT. 1139]]

    chapter 1803 of title 10, United States Code, and Military Construction
    Authorization Acts, $116,246,000, to remain available until September
    30, 2016:  Provided, <<NOTE: Determination. Notification.>> 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 <<NOTE: Determination. Notification.>> 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, <<NOTE: Determination. Notification.>> 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 <<NOTE: Determination. Notification.>> 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.

    [[Page 125 STAT. 1140]]

                       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.

    [[Page 125 STAT. 1141]]

             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 <<NOTE: Notification. Deadline.>> 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

    [[Page 125 STAT. 1142]]

    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.  <<NOTE: Contracts.>> 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.  <<NOTE: Certification.>> 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.  <<NOTE: Notification.>> 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.  <<NOTE: Steel.>> 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.  <<NOTE: Notification.>> 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.

    [[Page 125 STAT. 1143]]

        Sec. 111.  <<NOTE: Contracts. Japan.>> 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.  <<NOTE: Contracts. Kwajalein Atoll.>> 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.  <<NOTE: Notification. Military exercise. Deadline.>> 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

    [[Page 125 STAT. 1144]]

    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.  <<NOTE: Deadline. Notification.>> 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.  <<NOTE: 10 USC 2821 note.>> 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, <<NOTE: Notification.>> 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

    [[Page 125 STAT. 1145]]

    remediation that could not be reasonably anticipated at the time of the
    budget submission:  Provided further,  <<NOTE: Notification.>> 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.  <<NOTE: Certification.>> 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, <<NOTE: Notification. Deadline.>> 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.  <<NOTE: Time period. Determination.>> 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.

    [[Page 125 STAT. 1146]]

        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. <<NOTE: Oregon. Deadline.>> (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 <<NOTE: Waiver
    authority. Certification. Notification. Deadline.>> 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, <<NOTE: Certification. Deadline.>> 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.  <<NOTE: Reports.>> 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.  <<NOTE: Colorado.>> None of the funds made available by
    this Act may be used for any action that relates to or promotes the
    expansion

    [[Page 125 STAT. 1147]]

    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) <<NOTE: Certification.>> 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

    [[Page 125 STAT. 1148]]

    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

    [[Page 125 STAT. 1149]]

    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, <<NOTE: Priorities.>> 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 <<NOTE: Priorities.>> 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, <<NOTE: Drugs and drug abuse. Requirements.>> 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

    [[Page 125 STAT. 1150]]

    (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, <<NOTE: Reports.>> 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, <<NOTE: Cost estimates.>> 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

    [[Page 125 STAT. 1151]]

    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, <<NOTE: Determination.>> 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, <<NOTE: Expenditure plan.>> 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

    [[Page 125 STAT. 1152]]

    an established enterprise life cycle methodology; and (4) complies with
    the acquisition rules, requirements, guidelines, and systems acquisition
    management practices of the Federal <<NOTE: Certification.>> 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

    [[Page 125 STAT. 1153]]

    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, <<NOTE: Contracts. Deadlines.>> 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, <<NOTE: Reports.>> 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.

    [[Page 125 STAT. 1154]]

                            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, <<NOTE: Authority request. Time
    period.>> 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, <<NOTE: Notification.>> 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, <<NOTE: Authority request.>> 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 <<NOTE: Authority
    request.>> 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.

    [[Page 125 STAT. 1155]]

        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.  <<NOTE: Reimbursement.>> 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, <<NOTE: Determination.>> 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

    [[Page 125 STAT. 1156]]

    credited to the ``General administration'' and ``Information technology
    systems'' accounts for use by the office that provided the service.
        Sec. 211.  <<NOTE: Contracts. Reports. Deadline.>> 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.  <<NOTE: Native Americans.>> 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. <<NOTE: Requirements. Regulations.>> The Secretary shall
    require participating veterans and facilities to comply with all
    appropriate rules and regulations,

    [[Page 125 STAT. 1157]]

    as established by the Secretary. <<NOTE: Definition.>> 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.  <<NOTE: Deadlines. Reports.>> 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, <<NOTE: Authority
    request.>> 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, <<NOTE: Authority request. Time period.>> 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;

    [[Page 125 STAT. 1158]]

    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, <<NOTE: Waiver
    authority. Notice.>> 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, <<NOTE: Notification.>> 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.

    [[Page 125 STAT. 1159]]

                        (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.  <<NOTE: Notifications. Contracts. Deadlines.>> 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) <<NOTE: Regulations.>> 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.  <<NOTE: Deadlines. Reports.>> The Secretary of Veterans
    Affairs shall provide on a quarterly basis to the Committees on
    Appropriations of both

    [[Page 125 STAT. 1160]]

    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.  <<NOTE: Contracts.>> 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.

    [[Page 125 STAT. 1161]]

               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.

    [[Page 125 STAT. 1162]]

                                    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.  <<NOTE: Pay raises.>> 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.  <<NOTE: Lobbying.>> 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.

    [[Page 125 STAT. 1163]]

        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.  <<NOTE: Submissions.>> 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. <<NOTE: Web posting. Public information. Reports.>> (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) <<NOTE: Time period.>> 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. <<NOTE: Detainees. Cuba.>> (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

    [[Page 125 STAT. 1164]]

                (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 <<NOTE: Department of State, Foreign
      Operations, and Related Programs Appropriations Act, 2012.>> 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.

    [[Page 125 STAT. 1165]]

                (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.

    [[Page 125 STAT. 1166]]

                        (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) <<NOTE: Historic
                    preservation. Religion. Determination. Reports.>> 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.

    [[Page 125 STAT. 1167]]

                  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, <<NOTE: Deadline. Submission.>> 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.

    [[Page 125 STAT. 1168]]

          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 <<NOTE: United Nations. 22 USC 269a
    note.>> 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, <<NOTE: Budget.>> 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, <<NOTE: Notification. Deadline.>> 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, <<NOTE: Reports. Deadline.>> 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, <<NOTE: Notification.>> 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, <<NOTE: Deadline. Notification. Human trafficking. Web
    site.>> 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

    [[Page 125 STAT. 1169]]

    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, <<NOTE: Determination.>> 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 <<NOTE: Human rights.>> 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, <<NOTE: Recommenda- tion.>> 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 <<NOTE: Determination. Reports.>> 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, <<NOTE: Reports. Deadline.>> 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 <<NOTE: Notification.>> 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 <<NOTE: 22 USC 269a note.>> 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:

    [[Page 125 STAT. 1170]]

      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

    [[Page 125 STAT. 1171]]

    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 <<NOTE: Extension date.>> Liberty:  Provided further,
    That <<NOTE: 22 USC 6206 note.>> 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, <<NOTE: Notification. Deadline.>> 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 <<NOTE: Notification.>> 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),

    [[Page 125 STAT. 1172]]

    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, <<NOTE: Deadline. Reports.>> 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.

    [[Page 125 STAT. 1173]]

                                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, <<NOTE: Applicability. 22 USC 6436 note.>> 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.

    [[Page 125 STAT. 1174]]

           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, <<NOTE: Extension date. Applicability.>> 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, <<NOTE: Reports. Deadline.>> 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, <<NOTE: Contracts.>> 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 <<NOTE: Notification.>> 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, <<NOTE: Notification.>> 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

    [[Page 125 STAT. 1175]]

    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 <<NOTE: Notification.>> 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 <<NOTE: HIV/AIDS.>> (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,

    [[Page 125 STAT. 1176]]

    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 <<NOTE: President. Determination. Abortion. Sterilization.>> Allianc
    e:  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, <<NOTE: Deadline.>> 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 <<NOTE: Abortion.>> 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 <<NOTE: Lobbying. Abortion.>> 1961:  Provided further,
    That none of the funds made available under this Act may be used to
    lobby for or against abortion:  Provided further, <<NOTE: Family
    planning. Requirements. Deadline. Determination. Reports.>> 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

    [[Page 125 STAT. 1177]]

    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 <<NOTE: Grants. Non-discrimination. Compliance.>> 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, <<NOTE: Condoms.>> 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

    [[Page 125 STAT. 1178]]

    $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 <<NOTE: Reports. Deadline.>> 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 <<NOTE: Determination.>> 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, <<NOTE: Consultation.>> 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, <<NOTE: Notification. Deadline.>> 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.

    [[Page 125 STAT. 1179]]

                          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, <<NOTE: Notification.>> 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 <<NOTE: Applicability. Loans.>> 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, <<NOTE: Cyprus.>> 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

    [[Page 125 STAT. 1180]]

    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 <<NOTE: Consultation.>> 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

    [[Page 125 STAT. 1181]]

    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 <<NOTE: Consultation. Notification. Waiver
    authority.>> 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

    [[Page 125 STAT. 1182]]

    there is a substantial security risk to volunteers or other Peace Corps
    personnel, pursuant to section 7015(e) of this <<NOTE: Abortion.>> 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, <<NOTE: Applicability.>> 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 <<NOTE: Notification. Deadline.>> 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 <<NOTE: Notification.>> 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 <<NOTE: Candidate country.>> 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

    [[Page 125 STAT. 1183]]

    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, <<NOTE: Waiver authority.>> 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, <<NOTE: Reports.>> 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.

    [[Page 125 STAT. 1184]]

                                    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, <<NOTE: Notification.>> 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, <<NOTE: Deadline. Reports.>> 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, <<NOTE: Notification.>> 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 <<NOTE: Bolivia. Determination. Reports.>> 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, <<NOTE: Applicability.>> 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

    [[Page 125 STAT. 1185]]

    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, <<NOTE: Consultation. Notification.>> 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, <<NOTE: Determination. Israel.>> 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, <<NOTE: Child soldiers.>> That funds appropriated under this
    Act should not be used to support any military training or operations
    that include <<NOTE: Notification.>> 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.

    [[Page 125 STAT. 1186]]

                       Funds Appropriated to the President

                  international military education and training

        For <<NOTE: Notification.>> 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, <<NOTE: Deadline. Reports.>> 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 <<NOTE: Notification.>> 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 <<NOTE: Israel. Disbursement. Deadline.>> 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, <<NOTE: Deadline. Reports.>> 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

    [[Page 125 STAT. 1187]]

    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, <<NOTE: Notification.>> 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 <<NOTE: Notification.>> 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, <<NOTE: Notification.>> 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,

    [[Page 125 STAT. 1188]]

    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

    [[Page 125 STAT. 1189]]

    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.

    [[Page 125 STAT. 1190]]

                  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 <<NOTE: Contracts.>> 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

    [[Page 125 STAT. 1191]]

    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, <<NOTE: Termination date. 12
    USC 635 note.>> 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, <<NOTE: 12 USC 635f
    note.>> 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, <<NOTE: Termination date. Loans.>> 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, <<NOTE: Notification.>> 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, <<NOTE: Termination date. 12 USC 635a note.>> 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

    [[Page 125 STAT. 1192]]

    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

    [[Page 125 STAT. 1193]]

    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, <<NOTE: Notification.>> 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.  <<NOTE: Contracts.>> 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.

    [[Page 125 STAT. 1194]]

                              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) <<NOTE: Determination.>> 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) <<NOTE: Consultation. Notification.>> 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) <<NOTE: Deadline. Reports.>> 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.

    [[Page 125 STAT. 1195]]

                                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, <<NOTE: Applicability.>> 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, <<NOTE: Consultation.>> 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, <<NOTE: President. Determination. Certification.>> 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 <<NOTE: Notification.>> processes:  Provided
    further, That

    [[Page 125 STAT. 1196]]

    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 <<NOTE: Notification.>> 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) <<NOTE: Notification.>> 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

    [[Page 125 STAT. 1197]]

            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 <<NOTE: President. Deadline. Consultation. Policy
    justification.>> 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 <<NOTE: Contracts.>> 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

    [[Page 125 STAT. 1198]]

    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, <<NOTE: Reports. Deadline.>> 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.  <<NOTE: President. Determination. Consultation.>> 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. <<NOTE: Negotiations.>> (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 <<NOTE: Certification. Reports.>> 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.--

    [[Page 125 STAT. 1199]]

                (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) <<NOTE: Consultation. Deadline.>> 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 <<NOTE: Regulations.>> 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 <<NOTE: Notification.>> 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) <<NOTE: Extension. Determination. Reports.>> 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

    [[Page 125 STAT. 1200]]

    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. <<NOTE: Deadlines.>> (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, <<NOTE: Applicability.>> 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

    [[Page 125 STAT. 1201]]

            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, <<NOTE: President.>> 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) <<NOTE: Waiver authority.>> 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, <<NOTE: Deadline.>> 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 <<NOTE: Explanation.>> waiver:  Provided further, That any
    notification provided pursuant to such a waiver shall contain an
    explanation of the emergency circumstances.

    [[Page 125 STAT. 1202]]

        (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.  <<NOTE: Notification.>> 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. <<NOTE: President. Certification.>> None of the funds made
    available to carry out part I of

    [[Page 125 STAT. 1203]]

    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) <<NOTE: Notification.>> 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. <<NOTE: President. Determinations.>> (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, <<NOTE: Termination date.>> 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, <<NOTE: Applicability.>> 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) <<NOTE: Reports.>> 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

    [[Page 125 STAT. 1204]]

            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) <<NOTE: Waiver authority.>> The President may waive the
            application of paragraph (1) to a government if the President
            determines that national security or humanitarian reasons
            justify such <<NOTE: Federal Register,
            publication. Deadline. Notification.>> 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.  <<NOTE: Reports. Deadline.>> 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.

    [[Page 125 STAT. 1205]]

     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, <<NOTE: Consultation. Reports. Deadline.>> 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, <<NOTE: Notification.>> 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;

    [[Page 125 STAT. 1206]]

                (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) <<NOTE: 22 USC 262h note.>> 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. <<NOTE: 22 USC 2362 note. Contracts.>> (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

    [[Page 125 STAT. 1207]]

                        (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 <<NOTE: Deadline. President.>> 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

    [[Page 125 STAT. 1208]]

    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, <<NOTE: President. Notification.>> 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, <<NOTE: Abortion. Sterilization.>> 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

    [[Page 125 STAT. 1209]]

    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) <<NOTE: Definition.>> 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.  <<NOTE: Notification.>> 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.--

    [[Page 125 STAT. 1210]]

                (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) <<NOTE: Consultation. Notification.>> 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, <<NOTE: Applicability.>> 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) <<NOTE: Suspension. Determination. Reports.>> 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) <<NOTE: Deadlines. Reports.>> 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) <<NOTE: Submission.>> 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.--

    [[Page 125 STAT. 1211]]

                (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, <<NOTE: Standards.>> 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, <<NOTE: Determination. Public
            information.>> 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 <<NOTE: Reports.>> 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) <<NOTE: 8 USC 1182 note.>> 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) <<NOTE: Waiver authority. Determination.>> 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) <<NOTE: Deadlines. Reports.>> 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

    [[Page 125 STAT. 1212]]

            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 <<NOTE: President.>> 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 <<NOTE: Notification. President. Determination.>> 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

    [[Page 125 STAT. 1213]]

    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.  <<NOTE: Notification. Consultation. Time period.>> 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. <<NOTE: Notification.>> (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

    [[Page 125 STAT. 1214]]

    ``Transition Initiatives'' should be made available to support programs
    to disarm, demobilize, and reintegrate into civilian society former
    members of foreign terrorist <<NOTE: Consultation.>> 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, <<NOTE: Definition.>> 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.

    [[Page 125 STAT. 1215]]

                (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 <<NOTE: Coordination.>> 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 <<NOTE: Review. Assessment.>> 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, <<NOTE: Deadline.>> That such pilot program shall be
    implemented not later than September
    30, <<NOTE: Reports. Deadline.>> 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 <<NOTE: Implementation.>> 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, <<NOTE: Determination.>> 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.

    [[Page 125 STAT. 1216]]

        (k) Modification of Amendment.--Section 620J of the Foreign
    Assistance Act of <<NOTE: 22 USC 2378d.>> 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 <<NOTE: Procedures.>> 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 <<NOTE: 22 USC 2292c, 2292f, 2292h-
    2292q. Applicability. 22 USC 214 note.>> 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) <<NOTE: 22 USC 4831 note.>> 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) <<NOTE: 22 USC 4064 note.>> 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) <<NOTE: 22 USC 2733 note.>> 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) <<NOTE: 22 USC 2385 note.>> 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) <<NOTE: Extension.>> The authority contained in section
            1603(a)(2) of Public Law 109-234, as amended, shall remain in
            effect through September 30, 2012.

    [[Page 125 STAT. 1217]]

                (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 <<NOTE: 22 USC 2152c, 4506, 5474, 5814 and note, 1928 note, 4865
    note, 2656 note, 2291 note, 5952 note, 3927a.>> 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, <<NOTE: Reports. Deadline. Determination.>> 1980:  Provided,
    That the Secretary shall report to the Committees on Appropriations
    within 15 days of making any such determination.

        (q) <<NOTE: Deadlines. Appointments.>> 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.

    [[Page 125 STAT. 1218]]

        (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. <<NOTE: Determination. Certification.>> (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

    [[Page 125 STAT. 1219]]

            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 <<NOTE: President. Determination.>> 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

    [[Page 125 STAT. 1220]]

    support, consulting services, or any other form of assistance to the
    Palestinian Broadcasting Corporation.

                      assistance for the west bank and gaza

        Sec. 7039. <<NOTE: Deadline. Certification. Procedures.>> (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 <<NOTE: Terrorism.>> 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, <<NOTE: Determination.>> 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) <<NOTE: Reports.>> 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

    [[Page 125 STAT. 1221]]

            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) <<NOTE: Audit. Investigation.>> 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) <<NOTE: Notification.>> 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) <<NOTE: Deadline. Reports.>> 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 <<NOTE: President. Certification.>> 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 <<NOTE: President.>> 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 <<NOTE: Reports.>> 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

    [[Page 125 STAT. 1222]]

    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) <<NOTE: President. Certification. Reports.>> 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) <<NOTE: Reports. Deadline.>> 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) <<NOTE: Certification.>> 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) <<NOTE: Waiver authority. Determination. Reports.>> The
            Secretary of State may waive the requirements of paragraphs (A)
            and (B) if the Secretary determines and

    [[Page 125 STAT. 1223]]

            reports to the Committees on Appropriations that to do so is in
            the national security interest of the
            United <<NOTE: Justification.>> States:  Provided, That such
            determination and report shall include a detailed justification
            for such waiver.
                (2) <<NOTE: Consultation.>> 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 <<NOTE: Jordan. Applicability.>> 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, <<NOTE: Certification.>> 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 <<NOTE: Notification.>> 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, <<NOTE: Applicability.>> 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,

    [[Page 125 STAT. 1224]]

    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, <<NOTE: Applicability.>> 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, <<NOTE: Deadlines. Reports.>> 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 <<NOTE: Deadlines. Public
    information. Web site. Reports. Termination date.>> 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, <<NOTE: Consultation.>> 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) <<NOTE: Extension.>> 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''.

    [[Page 125 STAT. 1225]]

                (2) <<NOTE: Base rights.>> 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) <<NOTE: Reports.>> 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, <<NOTE: Spending plan. Deadline.>> 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

    [[Page 125 STAT. 1226]]

            Act of 1961, and shall be submitted not later than September 1,
            2012:  Provided further, <<NOTE: Consultation.>> 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, <<NOTE: Deadline. Reports.>> 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, <<NOTE: Consultation.>> 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 <<NOTE: Reports.>> 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).

    [[Page 125 STAT. 1227]]

        (c) <<NOTE: Reports.>> 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. <<NOTE: Human rights.>> (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 <<NOTE: Certification.>> 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, <<NOTE: Consultation.>> 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

    [[Page 125 STAT. 1228]]

            may be made available for assistance for Equatorial Guinea or
            Somalia.

        (e) Ethiopia.--
                (1) <<NOTE: Certification. Reports.>> 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

    [[Page 125 STAT. 1229]]

            Assembly to conduct oversight over government revenues and
            expenditures.
                (2) <<NOTE: Deadline. Reports.>> 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) <<NOTE: Audits. Public information.>> 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 <<NOTE: Reports. Deadline.>> 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) <<NOTE: Determination. Reports.>> 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) <<NOTE: Waiver
            authority. President. Determination.>> 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, <<NOTE: Reports.>> That prior to exercising such
            waiver authority,

    [[Page 125 STAT. 1230]]

            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) <<NOTE: Loans. Grants. Determination. Reports. 22 USC
            2151 note.>> 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) <<NOTE: Loans. 50 USC 1701 note.>> 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

    [[Page 125 STAT. 1231]]

            made available to support programs in <<NOTE: Thailand.>> 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, <<NOTE: Consultation. Notification.>> 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 <<NOTE: Certification.>> 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 <<NOTE: Reports.>> 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) <<NOTE: Exports and
            imports. Deadline. Notification.>> 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) <<NOTE: Applicability. People's Liberation Army.>> 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 <<NOTE: Reports.>> 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

    [[Page 125 STAT. 1232]]

    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, <<NOTE: President. Helicopters.>> 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, <<NOTE: Certification.>> 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

    [[Page 125 STAT. 1233]]

            the Committees on Appropriations that there are no effective
            alternatives and the eradication is in accordance with Colombian
            laws.
                (2) Colombian armed forces.--
            Of <<NOTE: Consultations. Certification.>> 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) <<NOTE: Certification.>> 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 <<NOTE: Reports.>> 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,

    [[Page 125 STAT. 1234]]

    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 <<NOTE: Reports.>> 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 <<NOTE: Consultation. Certification.>> 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.

    [[Page 125 STAT. 1235]]

                        (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) <<NOTE: Determination. Reports.>> 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

    [[Page 125 STAT. 1236]]

                              (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) <<NOTE: Extension. Applicability.>> 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) <<NOTE: Deadline. Reports.>> 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 <<NOTE: Deadline. Audit. Inspection
            plan.>> 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) <<NOTE: Certification.>> 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

    [[Page 125 STAT. 1237]]

            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) <<NOTE: Waiver authority.>> 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

    [[Page 125 STAT. 1238]]

                    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

    [[Page 125 STAT. 1239]]

                    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) <<NOTE: Certification.>> 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) <<NOTE: Certification.>> 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.

    [[Page 125 STAT. 1240]]

                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.  <<NOTE: President. Determination.>> 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, <<NOTE: Notification.>> 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) <<NOTE: Determination. Reports.>> 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) <<NOTE: Public information. Web site.>> 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) <<NOTE: Waiver authority.>> 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) <<NOTE: Terrorism.>> Restrictions on United Nations Delegations
    and Organizations.--

    [[Page 125 STAT. 1241]]

                (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) <<NOTE: Waiver authority.>> 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) <<NOTE: Determination. Reports.>> 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, <<NOTE: Reports. Deadline.>> 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) <<NOTE: Applicability.>> 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

    [[Page 125 STAT. 1242]]

    law:  Provided further, <<NOTE: Consultation. Notification.>> 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.  <<NOTE: Deadline.>> 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, <<NOTE: Definition.>> 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 <<NOTE: Applicability. Determination. Reports.>> 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

    [[Page 125 STAT. 1243]]

    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) <<NOTE: Applicability.>> 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.  <<NOTE: Applicability.>> 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

    [[Page 125 STAT. 1244]]

    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. <<NOTE: 22 USC 3948 note.>> (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) <<NOTE: 22 USC 3948 note.>> Restrictions.--
                (1) The number of individuals hired in any fiscal year
            pursuant to the authority contained in subsection (a) may not
            exceed 175.
                (2) <<NOTE: Expiration date.>> The authority to hire
            individuals contained in subsection (a) shall expire on
            September 30, 2013.

        (c) Conditions.--The <<NOTE: 22 USC 3948 note.>> 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 <<NOTE: 22 USC 3948
    note.>> 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) <<NOTE: 22 USC 3948 note.>> 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 <<NOTE: Notification.>> 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

    [[Page 125 STAT. 1245]]

    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) <<NOTE: Deadlines. Reports.>> 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

    [[Page 125 STAT. 1246]]

            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) <<NOTE: Determination. Reports.>> 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 <<NOTE: President. Determination. Reports.>> the President determines
    and reports to the Committees on Appropriations that a pandemic virus

    [[Page 125 STAT. 1247]]

    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, <<NOTE: Consultation. Notification.>> 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) <<NOTE: National Action Plan.>> 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;

    [[Page 125 STAT. 1248]]

                (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

    [[Page 125 STAT. 1249]]

    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 <<NOTE: Extension.>> 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 <<NOTE: Notification.>> 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 <<NOTE: Notification.>> 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) <<NOTE: Web posting.>> 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

    [[Page 125 STAT. 1250]]

                    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 <<NOTE: 22 USC 7909
            note.>> 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, <<NOTE: Consultation.>> That the Administrator of the United
    States Agency for International Development shall consult with the
    Committees

    [[Page 125 STAT. 1251]]

    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.  <<NOTE: Applicability. Waiver authority. Time
    periods. Termination date. Certification. Afghanistan.>> 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, <<NOTE: Reports. Deadline.>> 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 <<NOTE: Reports. Deadline.>> 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.

    [[Page 125 STAT. 1252]]

                             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. <<NOTE: President. Determination.>> (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 <<NOTE: Notification.>> section:  Provided further, That the
    exercise of such authority shall be subject to the regular notification
    procedures of the Committees on Appropriations.

        (b) <<NOTE: Extension. 22 USC 2194 note.>> 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. <<NOTE: Deadline. Reports. Public information. Web
    posting.>> (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

    [[Page 125 STAT. 1253]]

    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) <<NOTE: Applicability.>> 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) <<NOTE: Waiver authority. Certification.>> 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.
    <<NOTE: Notification. President. Determination.>> 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. <<NOTE: President. Determinations.>> (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

    [[Page 125 STAT. 1254]]

    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. <<NOTE: Applicability.>> (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.

    [[Page 125 STAT. 1255]]

        (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. <<NOTE: Time period. Certification.>> (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) <<NOTE: Waiver authority. Determination.>> 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.

    [[Page 125 STAT. 1256]]

                                enterprise funds

        Sec. 7075. <<NOTE: President. Notifications. Distribution
    plan.>> (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. <<NOTE: Visas. Foreign countries.>> (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 <<NOTE: Determination. Reports.>> 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 <<NOTE: Consultation.>> funds:  Provided further, That the USAID
    Administrator shall consult with the Committees on

    [[Page 125 STAT. 1257]]

    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. <<NOTE: Deadline.>> (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.

    [[Page 125 STAT. 1258]]

                                   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) <<NOTE: Consultation. Deadline.>> 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, <<NOTE: Concurrence.>> 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:

    [[Page 125 STAT. 1259]]

    ``SEC. 69. <<NOTE: 22 USC 286uu.>> 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. <<NOTE: 22 USC 286vv.>> 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. <<NOTE: 22 USC 282o.>> 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.''.

    [[Page 125 STAT. 1260]]

        (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. <<NOTE: 22 USC 283z-13.>> 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. <<NOTE: 22 USC 290i-11.>> 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) <<NOTE: 22 USC 290l-9.>> European Bank for Reconstruction and
    Development.--The European Bank for Reconstruction and Development

    [[Page 125 STAT. 1261]]

    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. <<NOTE: Reports.>> (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

    [[Page 125 STAT. 1262]]

            transparency, including budget publication and public scrutiny,
            prior to loan approval;
                (6) <<NOTE: Public information.>> 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. <<NOTE: 22 USC 284x.>> 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. <<NOTE: 22 USC 284y.>> 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

    [[Page 125 STAT. 1263]]

    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. <<NOTE: 22 USC 290g-20.>> 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. <<NOTE: 22 USC 290g-21.>> 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

    [[Page 125 STAT. 1264]]

    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. <<NOTE: Waiver authority.>> (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) <<NOTE: Certification.>> 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.

    [[Page 125 STAT. 1265]]

        (b)(1) <<NOTE: President. Determination. Certification.>> 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) <<NOTE: Effective date. Time periods.>> 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.  <<NOTE: Determination. Notification.>> 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

    [[Page 125 STAT. 1266]]

    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.

    [[Page 125 STAT. 1267]]

                                 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.

    [[Page 125 STAT. 1268]]

                             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

    [[Page 125 STAT. 1269]]

    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

    [[Page 125 STAT. 1270]]

    contained in the Foreign Assistance Act
    of <<NOTE: Deadline. Notification.>> 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, <<NOTE: Deadlines. Reports.>> 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, <<NOTE: Determination.>> 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, <<NOTE: Notification.>> That such transfers
    shall be subject to the regular notification procedures of the
    Committees on Appropriations:  Provided further, <<NOTE: Transfer
    authority.>> 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, <<NOTE: Transfer authority. Consultation.>> That this transfer
    authority is in addition to any other transfer authority available to
    the Department

    [[Page 125 STAT. 1271]]

    of State, and shall be subject to prior consultation with the Committees
    on Appropriations:  Provided
    further, <<NOTE: Deadline. Notification.>> 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, <<NOTE: Applicability.>> 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''.

        Approved December 23, 2011.

    LEGISLATIVE HISTORY--H.R. 2055:
    ---------------------------------------------------------------------------

    HOUSE REPORTS: No. 112-94 (Comm. on Appropriations) and 112-331 (Comm.
    of Conference).
    SENATE REPORTS: No. 112-29 (Comm. on Appropriations).
    CONGRESSIONAL RECORD, Vol. 157 (2011):
                June 2, 13, 14, considered and passed House.
                July 14, 18-20, considered and passed Senate, amended.
                Dec. 16, House agreed to conference report.
                Dec. 17, Senate agreed to conference report.
    DAILY COMPILATION OF PRESIDENTIAL DOCUMENTS (2011):
                Dec. 23, Presidential statement.

                                      <all>