[United States Statutes at Large, Volume 125, 112th Congress, 1st Session]
[From the U.S. Government Publishing Office, www.gpo.gov]


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. <>

Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <>
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 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. <> 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 788]]

DIVISION <> A--
DEPARTMENT OF DEFENSE APPROPRIATIONS ACT, 2012

TITLE I

Military Personnel, Army

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

Military Personnel, Navy

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

Military Personnel, Marine Corps

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

Military Personnel, Air Force

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

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

Environmental Restoration, Navy

(including transfer of funds)

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

Environmental Restoration, Air Force

(including transfer of funds)

For <> the Department of the Air Force,
$525,453,000, to remain available until transferred:  Provided, That the
Secretary of the Air Force shall, upon determining that such funds are
required for environmental restoration, reduction and recycling of
hazardous waste, removal of unsafe buildings and debris of the
Department of the Air Force, or for similar purposes, transfer the funds
made

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

Environmental Restoration, Formerly Used Defense Sites

(including transfer of funds)

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

Overseas Humanitarian, Disaster, and Civic Aid

For expenses relating to the Overseas Humanitarian, Disaster, and
Civic Aid programs of the Department of Defense (consisting of the
programs provided under sections 401, 402, 404, 407, 2557,

[[Page 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 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 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 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 <> 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 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 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 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, <> 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 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, <> That none of the funds
provided in this paragraph shall be used to award a new contract that
provides for the acquisition of any of the following major components
unless such components are manufactured in the United States: auxiliary
equipment, including pumps, for all shipboard services; propulsion
system components (engines, reduction gears, and propellers); shipboard
cranes; and spreaders for shipboard cranes:  Provided
further, <> That the exercise of an option in a
contract awarded through the obligation of previously appropriated funds
shall not be considered to be the award of a new contract:  Provided
further, <> That the Secretary
of the military department responsible for such procurement may waive
the restrictions in the first proviso on a case-by-case basis by
certifying in writing to the Committees on Appropriations of the House
of Representatives and the Senate that adequate domestic supplies are
not available to meet Department of Defense requirements on a timely
basis and that such an acquisition must be made in order to acquire
capability for national security purposes.

TITLE VI

OTHER DEPARTMENT OF DEFENSE PROGRAMS

Defense Health Program

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

Chemical Agents and Munitions Destruction, Defense

For expenses, not otherwise provided for, necessary for the
destruction of the United States stockpile of lethal chemical agents and
munitions in accordance with the provisions of section 1412 of the
Department of Defense Authorization Act, 1986 (50 U.S.C. 1521), and for
the destruction of other chemical warfare materials

[[Page 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 <> transferred:  Provided further, That
upon a determination that all or part of the funds transferred from this
appropriation are not necessary for the purposes provided herein, such
amounts may be transferred back to this appropriation:  Provided
further, That the transfer authority provided under this heading is in
addition to any other transfer authority contained elsewhere in this
Act:  Provided further, <> That $23,000,000
may not be obligated or expended until the Secretary of Defense submits
an implementation plan for the expansion of prescription drug testing to
the congressional defense committees.

Office of the Inspector General

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

TITLE VII

RELATED AGENCIES

Central Intelligence Agency Retirement and Disability System Fund

For payment to the Central Intelligence Agency Retirement and
Disability System Fund, to maintain the proper funding level

[[Page 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.  <> During the current fiscal
year, provisions of law prohibiting the payment of compensation to, or
employment of, any person not a citizen of the United States shall not
apply to personnel of the Department of Defense:  Provided, <> That salary increases granted to direct and
indirect hire foreign national employees of the Department of Defense
funded by this Act shall not be at a rate in excess of the percentage
increase authorized by law for civilian employees of the Department of
Defense whose pay is computed under the provisions of section 5332 of
title 5, United States Code, or at a rate in excess of the percentage
increase provided by the appropriate host nation to its own employees,
whichever is higher:  Provided further, That this section shall not
apply to Department of Defense foreign service national employees
serving at United States diplomatic missions whose pay is set by the
Department of State under the Foreign Service Act of 1980:  Provided
further, <> That the limitations of this provision shall
not apply to foreign national employees of the Department of Defense in
the Republic of Turkey.

Sec. 8003.  No part of any appropriation contained in this Act shall
remain available for obligation beyond the current fiscal year, unless
expressly so provided herein.
Sec. 8004.  No more than 20 percent of the appropriations in this
Act which are limited for obligation during the current fiscal year
shall be obligated during the last 2 months of the fiscal year:
Provided, That this section shall not apply to obligations for support
of active duty training of reserve components or summer camp training of
the Reserve Officers' Training Corps.

(transfer of funds)

Sec. 8005.  Upon determination by the Secretary of Defense that such
action is necessary in the national interest, he may, with the approval
of the Office of Management and Budget, transfer not to exceed
$3,750,000,000 of working capital funds of the Department of Defense or
funds made available in this Act to the Department of Defense for
military functions (except military construction) between such
appropriations or funds or any subdivision thereof, to be merged with
and to be available for the same purposes, and for the same time period,
as the appropriation or fund to which transferred:  Provided, That such
authority to transfer may not be used unless for higher priority items,
based on unforeseen military requirements, than those for which
originally appropriated and in no case where the item for which funds
are requested

[[Page 805]]

has been denied by the Congress:  Provided
further, <> That the Secretary of Defense shall
notify the Congress promptly of all transfers made pursuant to this
authority or any other authority in this Act:  Provided
further, <> That no part of the funds in
this Act shall be available to prepare or present a request to the
Committees on Appropriations for reprogramming of funds, unless for
higher priority items, based on unforeseen military requirements, than
those for which originally appropriated and in no case where the item
for which reprogramming is requested has been denied by the Congress:
Provided further, <> That a request for multiple
reprogrammings of funds using authority provided in this section shall
be made prior to June 30, 2012:  Provided further, That transfers among
military personnel appropriations shall not be taken into account for
purposes of the limitation on the amount of funds that may be
transferred under this section.

Sec. 8006. (a) With regard to the list of specific programs,
projects, and activities (and the dollar amounts and adjustments to
budget activities corresponding to such programs, projects, and
activities) contained in the tables titled ``Explanation of Project
Level Adjustments'' in the explanatory statement regarding this Act, the
obligation and expenditure of amounts appropriated or otherwise made
available in this Act for those programs, projects, and activities for
which the amounts appropriated exceed the amounts requested are hereby
required by law to be carried out in the manner provided by such tables
to the same extent as if the tables were included in the text of this
Act.
(b) Amounts specified in the referenced tables described in
subsection (a) shall not be treated as subdivisions of appropriations
for purposes of section 8005 of this Act:
Provided, <> That section 8005 shall apply when
transfers of the amounts described in subsection (a) occur between
appropriation accounts.

Sec. 8007. (a) <> Not later than 60 days
after enactment of this Act, the Department of Defense shall submit a
report to the congressional defense committees to establish the baseline
for application of reprogramming and transfer authorities for fiscal
year 2012:  Provided, That the report shall include--
(1) a table for each appropriation with a separate column to
display the President's budget request, adjustments made by
Congress, adjustments due to enacted rescissions, if
appropriate, and the fiscal year enacted level;
(2) a delineation in the table for each appropriation both
by budget activity and program, project, and activity as
detailed in the Budget Appendix; and
(3) an identification of items of special congressional
interest.

(b) <> Notwithstanding section 8005 of this
Act, none of the funds provided in this Act shall be available for
reprogramming or transfer until the report identified in subsection (a)
is submitted to the congressional defense committees, unless the
Secretary of Defense certifies in writing to the congressional defense
committees that such reprogramming or transfer is necessary as an
emergency requirement.

(transfer of funds)

Sec. 8008.  During the current fiscal year, cash balances in working
capital funds of the Department of Defense established

[[Page 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 <> funds:  Provided further,
That transfers may be made between working capital funds and the
``Foreign Currency Fluctuations, Defense'' appropriation and the
``Operation and Maintenance'' appropriation accounts in such amounts as
may be determined by the Secretary of Defense, with the approval of the
Office of Management and Budget, except that such transfers may not be
made unless the Secretary of Defense has notified the Congress of the
proposed transfer. <> Except in amounts equal to
the amounts appropriated to working capital funds in this Act, no
obligations may be made against a working capital fund to procure or
increase the value of war reserve material inventory, unless the
Secretary of Defense has notified the Congress prior to any such
obligation.

Sec. 8009.  <> Funds appropriated by
this Act may not be used to initiate a special access program without
prior notification 30 calendar days in advance to the congressional
defense committees.

Sec. 8010.  <> None of the funds provided in this Act shall be available to
initiate: (1) a multiyear contract that employs economic order quantity
procurement in excess of $20,000,000 in any one year of the contract or
that includes an unfunded contingent liability in excess of $20,000,000;
or (2) a contract for advance procurement leading to a multiyear
contract that employs economic order quantity procurement in excess of
$20,000,000 in any one year, unless the congressional defense committees
have been notified at least 30 days in advance of the proposed contract
award:  Provided, That no part of any appropriation contained in this
Act shall be available to initiate a multiyear contract for which the
economic order quantity advance procurement is not funded at least to
the limits of the Government's liability:  Provided further, That no
part of any appropriation contained in this Act shall be available to
initiate multiyear procurement contracts for any systems or component
thereof if the value of the multiyear contract would exceed $500,000,000
unless specifically provided in this Act:  Provided
further, <> That no multiyear procurement
contract can be terminated without 10-day prior notification to the
congressional defense committees:  Provided further, That the execution
of multiyear authority shall require the use of a present value analysis
to determine lowest cost compared to an annual procurement:  Provided
further, That none of the funds provided in this Act may be used for a
multiyear contract executed after the date of the enactment of this Act
unless in the case of any such contract--
(1) <> the Secretary of Defense has
submitted to Congress a budget request for full funding of units
to be procured through the contract and, in the case of a
contract for procurement of aircraft, that includes, for any
aircraft unit to be procured through the contract for which
procurement funds are requested in that budget request for
production beyond advance procurement activities in the fiscal
year covered by the budget, full funding of procurement of such
unit in that fiscal year;
(2) cancellation provisions in the contract do not include
consideration of recurring manufacturing costs of the contractor
associated with the production of unfunded units to be delivered
under the contract;

[[Page 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. <> Such funds may also be obligated for
humanitarian and civic assistance costs incidental to authorized
operations and pursuant to authority granted in section 401 of chapter
20 of title 10, United States Code, and these obligations shall be
reported as required by section 401(d) of title 10, United States Code:
Provided, <> That funds
available for operation and maintenance shall be available for providing
humanitarian and similar assistance by using Civic Action Teams in the
Trust Territories of the Pacific Islands and freely associated states of
Micronesia, pursuant to the Compact of Free Association as authorized by
Public Law 99-239:  Provided further, That upon a determination by the
Secretary of the Army that such action is beneficial for graduate
medical education programs conducted at Army medical facilities located
in Hawaii, the Secretary of the Army may authorize the provision of
medical services at such facilities and transportation to such
facilities, on a nonreimbursable basis, for civilian patients from
American Samoa, the Commonwealth of the Northern Mariana Islands, the
Marshall Islands, the Federated States of Micronesia, Palau, and Guam.

Sec. 8012. (a) During fiscal year 2012, the civilian personnel of
the Department of Defense may not be managed on the basis of any end-
strength, and the management of such personnel during that fiscal year
shall not be subject to any constraint or limitation (known as an end-
strength) on the number of such personnel who may be employed on the
last day of such fiscal year.
(b) <> The fiscal year 2013
budget request for the Department of Defense as well as all
justification material and other documentation supporting the fiscal
year 2013 Department of Defense budget request shall be prepared and
submitted to the Congress as if subsections (a) and (b) of this
provision were effective with regard to fiscal year 2013.

(c) Nothing in this section shall be construed to apply to military
(civilian) technicians.
Sec. 8013.  <> None of the funds made available by
this Act shall be used in any way, directly or indirectly, to influence
congressional action on any legislation or appropriation matters pending
before the Congress.

Sec. 8014.  None of the funds appropriated by this Act shall be
available for the basic pay and allowances of any member of the Army
participating as a full-time student and receiving benefits paid by the
Secretary of Veterans Affairs from the Department of Defense Education
Benefits Fund when time spent as a full-time student is credited toward
completion of a service commitment:  Provided, That this section shall
not apply to those members who

[[Page 808]]

have reenlisted with this option prior to October
1, <> 1987:  Provided further, That this section
applies only to active components of the Army.

(transfer of funds)

Sec. 8015.  Funds appropriated in title III of this Act for the
Department of Defense Pilot Mentor-Protege Program may be transferred to
any other appropriation contained in this Act solely for the purpose of
implementing a Mentor-Protege Program developmental assistance agreement
pursuant to section 831 of the National Defense Authorization Act for
Fiscal Year 1991 (Public Law 101-510; 10 U.S.C. 2302 note), as amended,
under the authority of this provision or any other transfer authority
contained in this Act.
Sec. 8016.  <> None of the funds in
this Act may be available for the purchase by the Department of Defense
(and its departments and agencies) of welded shipboard anchor and
mooring chain 4 inches in diameter and under unless the anchor and
mooring chain are manufactured in the United States from components
which are substantially manufactured in the United States:  Provided,
That for the purpose of this section, the term ``manufactured'' shall
include cutting, heat treating, quality control, testing of chain and
welding (including the forging and shot blasting process):  Provided
further, That for the purpose of this section substantially all of the
components of anchor and mooring chain shall be considered to be
produced or manufactured in the United States if the aggregate cost of
the components produced or manufactured in the United States exceeds the
aggregate cost of the components produced or manufactured outside the
United <> States:  Provided
further, That when adequate domestic supplies are not available to meet
Department of Defense requirements on a timely basis, the Secretary of
the service responsible for the procurement may waive this restriction
on a case-by-case basis by certifying in writing to the Committees on
Appropriations that such an acquisition must be made in order to acquire
capability for national security purposes.

Sec. 8017.  <> None of the
funds available to the Department of Defense may be used to demilitarize
or dispose of M-1 Carbines, M-1 Garand rifles, M-14 rifles, .22 caliber
rifles, .30 caliber rifles, or M-1911 pistols, or to demilitarize or
destroy small arms ammunition or ammunition components that are not
otherwise prohibited from commercial sale under Federal law, unless the
small arms ammunition or ammunition components are certified by the
Secretary of the Army or designee as unserviceable or unsafe for further
use.

Sec. 8018.  No more than $500,000 of the funds appropriated or made
available in this Act shall be used during a single fiscal year for any
single relocation of an organization, unit, activity or function of the
Department of Defense into or within the National Capital Region:
Provided, <> That the Secretary
of Defense may waive this restriction on a case-by-case basis by
certifying in writing to the congressional defense committees that such
a relocation is required in the best interest of the Government.

Sec. 8019.  <> In addition to the funds provided
elsewhere in this Act, $15,000,000 is appropriated only for incentive
payments authorized by section 504 of the Indian Financing Act of 1974

[[Page 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, <> That
notwithstanding section 1906 of title 41, United States Code, this
section shall be applicable to any Department of Defense acquisition of
supplies or services, including any contract and any subcontract at any
tier for acquisition of commercial items produced or manufactured, in
whole or in part, by any subcontractor or supplier defined in section
1544 of title 25, United States Code, or a small business owned and
controlled by an individual or individuals defined under section 4221(9)
of title 25, United States Code.

Sec. 8020.  Funds appropriated by this Act for the Defense Media
Activity shall not be used for any national or international political
or psychological activities.
Sec. 8021.  <> During the current fiscal year, the
Department of Defense is authorized to incur obligations of not to
exceed $350,000,000 for purposes specified in section 2350j(c) of title
10, United States Code, in anticipation of receipt of contributions,
only from the Government of Kuwait, under that section:  Provided, That
upon receipt, such contributions from the Government of Kuwait shall be
credited to the appropriations or fund which incurred such obligations.

Sec. 8022. (a) Of the funds made available in this Act, not less
than $37,745,000 shall be available for the Civil Air Patrol
Corporation, of which--
(1) $27,838,000 shall be available from ``Operation and
Maintenance, Air Force'' to support Civil Air Patrol Corporation
operation and maintenance, readiness, counterdrug activities,
and drug demand reduction activities involving youth programs;
(2) $8,990,000 shall be available from ``Aircraft
Procurement, Air Force''; and
(3) $917,000 shall be available from ``Other Procurement,
Air Force'' for vehicle procurement.

(b) The Secretary of the Air Force should waive reimbursement for
any funds used by the Civil Air Patrol for counter-drug activities in
support of Federal, State, and local government agencies.
Sec. 8023. (a) None of the funds appropriated in this Act are
available to establish a new Department of Defense (department)
federally funded research and development center (FFRDC), either as a
new entity, or as a separate entity administrated by an organization
managing another FFRDC, or as a nonprofit membership corporation
consisting of a consortium of other FFRDCs and other nonprofit entities.
(b) No member of a Board of Directors, Trustees, Overseers, Advisory
Group, Special Issues Panel, Visiting Committee, or any similar entity
of a defense FFRDC, and no paid consultant to any defense FFRDC, except
when acting in a technical advisory capacity, may be compensated for his
or her services as a member

[[Page 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) <> The Secretary of Defense shall, with the
submission of the department's fiscal year 2013 budget request, submit a
report presenting the specific amounts of staff years of technical
effort to be allocated for each defense FFRDC during that fiscal year
and the associated budget estimates.

(f) Notwithstanding any other provision of this Act, the total
amount appropriated in this Act for FFRDCs is hereby reduced by
$150,245,000.
Sec. 8024.  <> None of the funds appropriated or
made available in this Act shall be used to procure carbon, alloy or
armor steel plate for use in any Government-owned facility or property
under the control of the Department of Defense which were not melted and
rolled in the United States or Canada:
Provided, <> That these procurement restrictions
shall apply to any and all Federal Supply Class 9515, American Society
of Testing and Materials (ASTM) or American Iron and Steel Institute
(AISI) specifications of carbon, alloy or armor steel plate:  Provided
further, <> That the Secretary
of the military department responsible for the procurement may waive
this restriction on a case-by-case basis by certifying in writing to the
Committees on Appropriations of the House of Representatives and the
Senate that adequate domestic supplies are not available to meet
Department of Defense requirements on a timely basis and that such an
acquisition must be made in order to acquire capability for national
security purposes:  Provided further, That these restrictions shall not
apply to contracts which are in being as of the date of the enactment of
this Act.

Sec. 8025.  <> For the purposes of this Act, the
term ``congressional defense committees'' means the Armed Services
Committee of the House of Representatives, the Armed Services Committee
of the Senate, the Subcommittee on Defense of the Committee on
Appropriations of the Senate, and the Subcommittee on Defense of the
Committee on Appropriations of the House of Representatives.

Sec. 8026.  During the current fiscal year, the Department of
Defense may acquire the modification, depot maintenance and

[[Page 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, <> That the Senior Acquisition
Executive of the military department or Defense Agency concerned, with
power of delegation, shall certify that successful bids include
comparable estimates of all direct and indirect costs for both public
and private bids:  Provided further, That Office of Management and
Budget Circular A-76 shall not apply to competitions conducted under
this section.

Sec. 8027. (a)(1) <> If the Secretary of Defense, after consultation with
the United States Trade Representative, determines that a foreign
country which is party to an agreement described in paragraph (2) has
violated the terms of the agreement by discriminating against certain
types of products produced in the United States that are covered by the
agreement, the Secretary of Defense shall rescind the Secretary's
blanket waiver of the Buy American Act with respect to such types of
products produced in that foreign country.

(2) <> An agreement referred to in paragraph (1)
is any reciprocal defense procurement memorandum of understanding,
between the United States and a foreign country pursuant to which the
Secretary of Defense has prospectively waived the Buy American Act for
certain products in that country.

(b) <> The Secretary of Defense shall submit to the
Congress a report on the amount of Department of Defense purchases from
foreign entities in fiscal year 2012. Such report shall separately
indicate the dollar value of items for which the Buy American Act was
waived pursuant to any agreement described in subsection (a)(2), the
Trade Agreement Act of 1979 (19 U.S.C. 2501 et seq.), or any
international agreement to which the United States is a party.

(c) <> For purposes of this section, the term
``Buy American Act'' means chapter 83 of title 41, United States Code.

Sec. 8028.  During the current fiscal year, amounts contained in the
Department of Defense Overseas Military Facility Investment Recovery
Account established by section 2921(c)(1) of the National Defense
Authorization Act of 1991 (Public Law 101-510; 10 U.S.C. 2687 note)
shall be available until expended for the payments specified by section
2921(c)(2) of that Act.
Sec. 8029. (a) <> Notwithstanding any other provision of law, the Secretary of
the Air Force may convey at no cost to the Air Force, without
consideration, to Indian tribes located in the States of Nevada, Idaho,
North Dakota, South Dakota, Montana, Oregon, Minnesota, and Washington
relocatable military housing units located at Grand Forks Air Force
Base, Malmstrom Air Force Base, Mountain Home Air Force Base, Ellsworth
Air Force Base, and Minot Air Force Base that are excess to the needs of
the Air Force.

(b) The Secretary of the Air Force shall convey, at no cost to the
Air Force, military housing units under subsection (a) in accordance
with the request for such units that are submitted to the Secretary by
the Operation Walking Shield Program on behalf of Indian tribes located
in the States of Nevada, Idaho, North Dakota, South Dakota, Montana,
Oregon, Minnesota, and Washington. Any such conveyance shall be subject
to the condition

[[Page 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) <> In this section, the term ``Indian tribe''
means any recognized Indian tribe included on the current list published
by the Secretary of the Interior under section 104 of the Federally
Recognized Indian Tribe Act of 1994 (Public Law 103-454; 108 Stat. 4792;
25 U.S.C. 479a-1).

Sec. 8030.  During the current fiscal year, appropriations which are
available to the Department of Defense for operation and maintenance may
be used to purchase items having an investment item unit cost of not
more than $250,000.
Sec. 8031. (a) During the current fiscal year, none of the
appropriations or funds available to the Department of Defense Working
Capital Funds shall be used for the purchase of an investment item for
the purpose of acquiring a new inventory item for sale or anticipated
sale during the current fiscal year or a subsequent fiscal year to
customers of the Department of Defense Working Capital Funds if such an
item would not have been chargeable to the Department of Defense
Business Operations Fund during fiscal year 1994 and if the purchase of
such an investment item would be chargeable during the current fiscal
year to appropriations made to the Department of Defense for
procurement.
(b) <> The fiscal year 2013 budget request
for the Department of Defense as well as all justification material and
other documentation supporting the fiscal year 2013 Department of
Defense budget shall be prepared and submitted to the Congress on the
basis that any equipment which was classified as an end item and funded
in a procurement appropriation contained in this Act shall be budgeted
for in a proposed fiscal year 2013 procurement appropriation and not in
the supply management business area or any other area or category of the
Department of Defense Working Capital Funds.

Sec. 8032.  None of the funds appropriated by this Act for programs
of the Central Intelligence Agency shall remain available for obligation
beyond the current fiscal year, except for funds appropriated for the
Reserve for Contingencies, which shall remain available until September
30, 2013:  Provided, <> That funds appropriated,
transferred, or otherwise credited to the Central Intelligence Agency
Central Services Working Capital Fund during this or any prior or
subsequent fiscal year shall remain available until expended:  Provided
further, That any funds appropriated or transferred to the Central
Intelligence Agency for advanced research and development acquisition,
for agent operations, and for covert action programs authorized by the
President under section 503 of the National Security Act of 1947, as
amended, shall remain available until September 30, 2013.

Sec. 8033.  Notwithstanding any other provision of law, funds made
available in this Act for the Defense Intelligence Agency may be used
for the design, development, and deployment of General Defense
Intelligence Program intelligence communications and intelligence
information systems for the Services, the Unified and Specified
Commands, and the component commands.

[[Page 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) <> If the
Secretary of Defense determines that a person has been convicted of
intentionally affixing a label bearing a ``Made in America'' inscription
to any product sold in or shipped to the United States that is not made
in America, the Secretary shall determine, in accordance with section
2410f of title 10, United States Code, whether the person should be
debarred from contracting with the Department of Defense.

(c) In the case of any equipment or products purchased with
appropriations provided under this Act, it is the sense of the Congress
that any entity of the Department of Defense, in expending the
appropriation, purchase only American-made equipment and products,
provided that American-made equipment and products are cost-competitive,
quality competitive, and available in a timely fashion.
Sec. 8036.  <> None of the funds
appropriated by this Act shall be available for a contract for studies,
analysis, or consulting services entered into without competition on the
basis of an unsolicited proposal unless the head of the activity
responsible for the procurement determines--
(1) as a result of thorough technical evaluation, only one
source is found fully qualified to perform the proposed work;
(2) the purpose of the contract is to explore an unsolicited
proposal which offers significant scientific or technological
promise, represents the product of original thinking, and was
submitted in confidence by one source; or
(3) the purpose of the contract is to take advantage of
unique and significant industrial accomplishment by a specific
concern, or to insure that a new product or idea of a specific
concern is given financial support:
Provided, <> That this limitation shall
not apply to contracts in an amount of less than $25,000,
contracts related to improvements of equipment that is in
development or production, or contracts as to which a civilian
official of the Department of Defense, who has been confirmed by
the Senate, determines that the award of such contract is in the
interest of the national defense.

Sec. 8037. (a) Except as provided in subsections (b) and (c), none
of the funds made available by this Act may be used--
(1) to establish a field operating agency; or
(2) to pay the basic pay of a member of the Armed Forces or
civilian employee of the department who is transferred or
reassigned from a headquarters activity if the member or
employee's place of duty remains at the location of that
headquarters.

[[Page 814]]

(b) <> The
Secretary of Defense or Secretary of a military department may waive the
limitations in subsection (a), on a case-by-case basis, if the Secretary
determines, and certifies to the Committees on Appropriations of the
House of Representatives and Senate that the granting of the waiver will
reduce the personnel requirements or the financial requirements of the
department.

(c) This section does not apply to--
(1) field operating agencies funded within the National
Intelligence Program;
(2) an Army field operating agency established to eliminate,
mitigate, or counter the effects of improvised explosive
devices, and, as determined by the Secretary of the Army, other
similar threats; or
(3) an Army field operating agency established to improve
the effectiveness and efficiencies of biometric activities and
to integrate common biometric technologies throughout the
Department of Defense.

Sec. 8038.  <> The Secretary of Defense,
notwithstanding any other provision of law, acting through the Office of
Economic Adjustment of the Department of Defense, may use funds made
available in this Act under the heading ``Operation and Maintenance,
Defense-Wide'' to make grants and supplement other Federal funds in
accordance with the guidance provided in the explanatory statement
regarding this Act.

Sec. 8039. (a) None of the funds appropriated by this Act shall be
available to convert to contractor performance an activity or function
of the Department of Defense that, on or after the date of the enactment
of this Act, is performed by Department of Defense civilian employees
unless--
(1) the conversion is based on the result of a public-
private competition that includes a most efficient and cost
effective organization plan developed by such activity or
function;
(2) the Competitive Sourcing Official determines that, over
all performance periods stated in the solicitation of offers for
performance of the activity or function, the cost of performance
of the activity or function by a contractor would be less costly
to the Department of Defense by an amount that equals or exceeds
the lesser of--
(A) 10 percent of the most efficient organization's
personnel-related costs for performance of that activity
or function by Federal employees; or
(B) $10,000,000; and
(3) the contractor does not receive an advantage for a
proposal that would reduce costs for the Department of Defense
by--
(A) not making an employer-sponsored health
insurance plan available to the workers who are to be
employed in the performance of that activity or function
under the contract; or
(B) offering to such workers an employer-sponsored
health benefits plan that requires the employer to
contribute less towards the premium or subscription
share than the amount that is paid by the Department of
Defense for health benefits for civilian employees under
chapter 89 of title 5, United States Code.

(b)(1) <> The Department of Defense, without
regard to subsection (a) of this section or subsection (a), (b), or (c)
of section 2461

[[Page 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 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.  <> None of the funds appropriated or
otherwise made available in this Act may be obligated or expended for
assistance to the Democratic People's Republic of Korea unless
specifically appropriated for that purpose.

Sec. 8043.  Funds appropriated in this Act for operation and
maintenance of the Military Departments, Combatant Commands and Defense
Agencies shall be available for reimbursement of pay, allowances and
other expenses which would otherwise be incurred against appropriations
for the National Guard and Reserve when members of the National Guard
and Reserve provide intelligence or counterintelligence support to
Combatant Commands, Defense Agencies and Joint Intelligence Activities,
including the activities and programs included within the National
Intelligence Program and the Military Intelligence Program:  Provided,
That nothing in this section authorizes deviation from established
Reserve and National Guard personnel and training procedures.
Sec. 8044.  During the current fiscal year, none of the funds
appropriated in this Act may be used to reduce the civilian medical and
medical support personnel assigned to military treatment facilities
below the September 30, 2003, level:  Provided, <> That the Service Surgeons General may waive
this section by certifying to the

[[Page 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. <> (a) None
of the funds available to the Department of Defense for any fiscal year
for drug interdiction or counter-drug activities may be transferred to
any other department or agency of the United States except as
specifically provided in an appropriations law.

(b) <> None of the funds available to the
Central Intelligence Agency for any fiscal year for drug interdiction
and counter-drug activities may be transferred to any other department
or agency of the United States except as specifically provided in an
appropriations law.

Sec. 8046.  <> None of the funds
appropriated by this Act may be used for the procurement of ball and
roller bearings other than those produced by a domestic source and of
domestic <> origin:  Provided,
That the Secretary of the military department responsible for such
procurement may waive this restriction on a case-by-case basis by
certifying in writing to the Committees on Appropriations of the House
of Representatives and the Senate, that adequate domestic supplies are
not available to meet Department of Defense requirements on a timely
basis and that such an acquisition must be made in order to acquire
capability for national security purposes:  Provided
further, <> That this restriction shall not apply
to the purchase of ``commercial items'', as defined by section 4(12) of
the Office of Federal Procurement Policy Act, except that the
restriction shall apply to ball or roller bearings purchased as end
items.

Sec. 8047.  <> None of the
funds in this Act may be used to purchase any supercomputer which is not
manufactured in the United States, unless the Secretary of Defense
certifies to the congressional defense committees that such an
acquisition must be made in order to acquire capability for national
security purposes that is not available from United States
manufacturers.

Sec. 8048.  <> None of the funds made available in
this or any other Act may be used to pay the salary of any officer or
employee of the Department of Defense who approves or implements the
transfer of administrative responsibilities or budgetary resources of
any program, project, or activity financed by this Act to the
jurisdiction of another Federal agency not financed by this Act without
the express authorization of Congress:  Provided, That this limitation
shall not apply to transfers of funds expressly provided for in Defense
Appropriations Acts, or provisions of Acts providing supplemental
appropriations for the Department of Defense.

Sec. 8049. (a) <> Notwithstanding any
other provision of law, none of the funds available to the Department of
Defense for the current fiscal year may be obligated or expended to
transfer to another nation or an international organization any defense
articles or services (other than intelligence services) for use in the
activities described in subsection (b) unless the congressional defense
committees, the Committee on Foreign Affairs of the House of
Representatives, and the Committee on Foreign Relations of the Senate
are notified 15 days in advance of such transfer.

(b) <> This section applies to--
(1) any international peacekeeping or peace-enforcement
operation under the authority of chapter VI or chapter VII

[[Page 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.  <> 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 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 <> basis. The Chief
of the National Guard Bureau shall establish the amount of reimbursement
for such use on a case-by-case basis.

(b) Amounts collected under subsection (a) shall be credited to
funds available for the National Guard Distance Learning Project and be
available to defray the costs associated with the use of equipment of
the project under that subsection. Such funds shall be available for
such purposes without fiscal year limitation.
Sec. 8054.  <> Using funds made available by this
Act or any other Act, the Secretary of the Air Force, pursuant to a
determination under section 2690 of title 10, United States Code, may
implement cost-effective agreements for required heating facility
modernization in the Kaiserslautern Military Community in the Federal
Republic of Germany:  Provided, <> That in the City
of Kaiserslautern and at the Rhine Ordnance Barracks area, such
agreements will include the use of United States anthracite as the base
load energy for municipal district heat to the United States Defense
installations:  Provided further, That at Landstuhl Army Regional
Medical Center and Ramstein Air Base, furnished heat may be obtained
from private, regional or municipal services, if provisions are included
for the consideration of United States coal as an energy source.

Sec. 8055.  None of the funds appropriated in title IV of this Act
may be used to procure end-items for delivery to military forces for
operational training, operational use or inventory requirements:
Provided, That this restriction does not apply to end-items used in
development, prototyping, and test activities preceding and leading to
acceptance for operational use:  Provided further, That this restriction
does not apply to programs funded within the National Intelligence
Program:  Provided further, <> That the Secretary of Defense may waive this
restriction on a case-by-case basis by certifying in writing to the
Committees on Appropriations of the House of Representatives and the
Senate that it is in the national security interest to do so.

Sec. 8056.  None of the funds made available in this Act may be used
to approve or license the sale of the F-22A advanced tactical fighter to
any foreign government:  Provided, That the Department of Defense may
conduct or participate in studies, research, design and other activities
to define and develop a future export version of the F-22A that protects
classified and sensitive information, technologies and U.S. warfighting
capabilities.
Sec. 8057. (a) <> The
Secretary of Defense may, on a case-by-case basis, waive with respect to
a foreign country each limitation on the procurement of defense items
from foreign sources provided

[[Page 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) <> Subsection (a) applies with
respect to--
(1) contracts and subcontracts entered into on or after the
date of the enactment of this Act; and
(2) options for the procurement of items that are exercised
after such date under contracts that are entered into before
such date if the option prices are adjusted for any reason other
than the application of a waiver granted under subsection (a).

(c) Subsection (a) does not apply to a limitation regarding
construction of public vessels, ball and roller bearings, food, and
clothing or textile materials as defined by section 11 (chapters 50-65)
of the Harmonized Tariff Schedule and products classified under headings
4010, 4202, 4203, 6401 through 6406, 6505, 7019, 7218 through 7229,
7304.41 through 7304.49, 7306.40, 7502 through 7508, 8105, 8108, 8109,
8211, 8215, and 9404.
Sec. 8058. (a) <> None of the funds made
available by this Act may be used to support any training program
involving a unit of the security forces or police of a foreign country
if the Secretary of Defense has received credible information from the
Department of State that the unit has committed a gross violation of
human rights, unless all necessary corrective steps have been taken.

(b) The Secretary of Defense, in consultation with the Secretary of
State, shall ensure that prior to a decision to conduct any training
program referred to in subsection (a), full consideration is given to
all credible information available to the Department of State relating
to human rights violations by foreign security forces.
(c) <> The Secretary of
Defense, after consultation with the Secretary of State, may waive the
prohibition in subsection (a) if he determines that such waiver is
required by extraordinary circumstances.

(d) <> Not more than 15 days after the
exercise of any waiver under subsection (c), the Secretary of Defense
shall submit a report to the congressional defense committees describing
the extraordinary circumstances, the purpose and duration of the
training program, the United States forces and the foreign security
forces involved in the training program, and the information relating to
human rights violations that necessitates the waiver.

Sec. 8059.  None of the funds appropriated or otherwise made
available by this or other Department of Defense Appropriations Acts may
be obligated or expended for the purpose of performing repairs or
maintenance to military family housing units of the Department of
Defense, including areas in such military family housing units that may
be used for the purpose of conducting official Department of Defense
business.
Sec. 8060.  <> Notwithstanding any other
provision of law, funds appropriated in this Act under the heading
``Research, Development, Test and Evaluation, Defense-Wide'' for any new
start advanced concept technology demonstration project or joint
capability demonstration project may only be obligated 45 days after a
report,

[[Page 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, <> That the Secretary
of Defense may waive this restriction on a case-by-case basis by
certifying to the congressional defense committees that it is in the
national interest to do so.

Sec. 8061.  <> The Secretary of
Defense shall provide a classified quarterly report beginning 30 days
after enactment of this Act, to the House and Senate Appropriations
Committees, Subcommittees on Defense on certain matters as directed in
the classified annex accompanying this Act.

Sec. 8062.  During the current fiscal year, none of the funds
available to the Department of Defense may be used to provide support to
another department or agency of the United States if such department or
agency is more than 90 days in arrears in making payment to the
Department of Defense for goods or services previously provided to such
department or agency on a reimbursable basis:  Provided, That this
restriction shall not apply if the department is authorized by law to
provide support to such department or agency on a nonreimbursable basis,
and is providing the requested support pursuant to such <> authority:  Provided further, That the
Secretary of Defense may waive this restriction on a case-by-case basis
by certifying in writing to the Committees on Appropriations of the
House of Representatives and the Senate that it is in the national
security interest to do so.

Sec. 8063.  Notwithstanding section 12310(b) of title 10, United
States Code, a Reserve who is a member of the National Guard serving on
full-time National Guard duty under section 502(f) of title 32, United
States Code, may perform duties in support of the ground-based elements
of the National Ballistic Missile Defense System.
Sec. 8064.  <> None of the funds provided
in this Act may be used to transfer to any nongovernmental entity
ammunition held by the Department of Defense that has a center-fire
cartridge and a United States military nomenclature designation of
``armor penetrator'', ``armor piercing (AP)'', ``armor piercing
incendiary (API)'', or ``armor-piercing incendiary tracer (API-T)'',
except to an entity performing demilitarization services for the
Department of Defense under a contract that requires the entity to
demonstrate to the satisfaction of the Department of Defense that armor
piercing projectiles are either: (1) rendered incapable of reuse by the
demilitarization process; or (2) used to manufacture ammunition pursuant
to a contract with the Department of Defense or the manufacture of
ammunition for export pursuant to a License for Permanent Export of
Unclassified Military Articles issued by the Department of State.

Sec. 8065.  <> Notwithstanding
any other provision of law, the Chief of the National Guard Bureau, or
his designee, may waive payment of all or part of the consideration that
otherwise would be required under section 2667 of title 10, United
States Code, in the case of a lease of personal property for a period
not in excess of 1 year to any organization specified in section 508(d)
of title 32, United States Code, or any other youth, social, or
fraternal nonprofit organization as may be approved by the Chief of the
National Guard Bureau, or his designee, on a case-by-case basis.

[[Page 822]]

Sec. 8066.  <> None of the
funds appropriated by this Act shall be used for the support of any
nonappropriated funds activity of the Department of Defense that
procures malt beverages and wine with nonappropriated funds for resale
(including such alcoholic beverages sold by the drink) on a military
installation located in the United States unless such malt beverages and
wine are procured within that State, or in the case of the District of
Columbia, within the District of Columbia, in which the military
installation is located:  Provided, That in a case in which the military
installation is located in more than one State, purchases may be made in
any State in which the installation is <> located:
Provided further, That such local procurement requirements for malt
beverages and wine shall apply to all alcoholic beverages only for
military installations in States which are not contiguous with another
State:  Provided further, That alcoholic beverages other than wine and
malt beverages, in contiguous States and the District of Columbia shall
be procured from the most competitive source, price and other factors
considered.

(including transfer of funds)

Sec. 8067.  Of the amounts appropriated in this Act under the
heading ``Operation and Maintenance, Army'', $124,493,000 shall remain
available until expended:  Provided, That notwithstanding any other
provision of law, the Secretary of Defense is authorized to transfer
such funds to other activities of the Federal Government:  Provided
further, <> That the Secretary of
Defense is authorized to enter into and carry out contracts for the
acquisition of real property, construction, personal services, and
operations related to projects carrying out the purposes of this
section:  Provided further, That contracts entered into under the
authority of this section may provide for such indemnification as the
Secretary determines to be necessary:  Provided further, That projects
authorized by this section shall comply with applicable Federal, State,
and local law to the maximum extent consistent with the national
security, as determined by the Secretary of Defense.

Sec. 8068.  <> Section 8106 of the Department
of Defense Appropriations Act, 1997 (titles I through VIII of the matter
under subsection 101(b) of Public Law 104-208; 110 Stat. 3009-111; 10
U.S.C. 113 note) shall continue in effect to apply to disbursements that
are made by the Department of Defense in fiscal year 2012.

Sec. 8069.  In addition to amounts provided elsewhere in this Act,
$4,000,000 is hereby appropriated to the Department of Defense, to
remain available for obligation until <> expended:  Provided, That notwithstanding any other
provision of law, that upon the determination of the Secretary of
Defense that it shall serve the national interest, these funds shall be
available only for a grant to the Fisher House Foundation, Inc., only
for the construction and furnishing of additional Fisher Houses to meet
the needs of military family members when confronted with the illness or
hospitalization of an eligible military beneficiary.

Sec. 8070. (a) In General.--Subchapter I of chapter 88 of title 10,
United States Code, is amended by adding the following new section at
its end--

[[Page 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 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. <> (a) Of the amounts
appropriated in title IV of this Act under the heading ``Research,
Development, Test and Evaluation, Army'', for Budget Activities 4, 5 and
7, $50,000,000 shall be transferred to Program Element 0605601A:
Provided, That no funds may be transferred until 30 days after the
Secretary of the Army provides to the congressional defense committees a
report including the details of any such transfer:  Provided further,
That the transfer authority provided under this provision is in addition
to any other transfer authority contained in this Act.

(b) Of the amounts appropriated in title IV of this Act under the
heading ``Research, Development, Test and Evaluation, Air Force'', for
Budget Activities 4, 5 and 7, $34,000,000 shall be transferred to
Program Element 0605807F:  Provided, That no funds may be transferred
until 30 days after the Secretary of the Air Force provides to the
congressional defense committees a report including the details of any
such transfer:  Provided further, That the transfer authority provided
under this provision is in addition to any other transfer authority
contained in this Act.
Sec. 8075.  Funds appropriated by this Act, or made available by the
transfer of funds in this Act, for intelligence activities are deemed to
be specifically authorized by the Congress for purposes of section 504
of the National Security Act of 1947 (50 U.S.C. 414) during fiscal year
2012 until the enactment of the Intelligence Authorization Act for
Fiscal Year 2012.
Sec. 8076.  <> None of the funds provided in
this Act shall be available for obligation or expenditure through a
reprogramming of funds that creates or initiates a new program, project,
or activity unless such program, project, or activity must be undertaken
immediately in the interest of national security and only after written
prior notification to the congressional defense committees.

Sec. 8077.  <> The budget of the President
for fiscal year 2013 submitted to the Congress pursuant to section 1105
of title 31, United States Code, shall include separate budget
justification documents for costs of United States Armed Forces'
participation in contingency operations for the Military Personnel
accounts, the

[[Page 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, <> That upon the determination
of the Secretary of Defense that it shall serve the national interest,
he shall make grants in the amounts specified as follows: $20,000,000 to
the United Service Organizations and $24,000,000 to the Red Cross.

Sec. 8080.  <> None of
the funds appropriated or made available in this Act shall be used to
reduce or disestablish the operation of the 53rd Weather Reconnaissance
Squadron of the Air Force Reserve, if such action would reduce the WC-
130 Weather Reconnaissance mission below the levels funded in this Act:
Provided, That the Air Force shall allow the 53rd Weather Reconnaissance
Squadron to perform other missions in support of national defense
requirements during the non-hurricane season.

Sec. 8081.  <> None of the funds
provided in this Act shall be available for integration of foreign
intelligence information unless the information has been lawfully
collected and processed during the conduct of authorized foreign
intelligence activities:  Provided, That information pertaining to
United States persons shall only be handled in accordance with
protections provided in the Fourth Amendment of the United States
Constitution as implemented through Executive Order No. 12333.

Sec. 8082. (a) <> At the time
members of reserve components of the Armed Forces are called or ordered
to active duty under section 12302(a) of title 10, United States Code,
each member shall be notified in writing of the expected period during
which the member will be mobilized.

(b) <> The Secretary of
Defense may waive the requirements of subsection (a) in any case in
which the Secretary determines that it is necessary to do so to respond
to a national security emergency or to meet dire operational
requirements of the Armed Forces.

[[Page 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, <> That the Secretary may not
transfer any funds until 30 days after the proposed transfer has been
reported to the Committees on Appropriations of the House of
Representatives and the Senate, unless a response from the Committees is
received sooner:  Provided further, That any funds transferred pursuant
to this section shall retain the same period of availability as when
originally appropriated:  Provided further, That the transfer authority
provided by this section is in addition to any other transfer authority
contained elsewhere in this Act.

Sec. 8084.  For purposes of section 7108 of title 41, United States
Code, any subdivision of appropriations made under the heading
``Shipbuilding and Conversion, Navy'' that is not closed at the time
reimbursement is made shall be available to reimburse the Judgment Fund
and shall be considered for the same purposes as any subdivision under
the heading ``Shipbuilding and Conversion, Navy'' appropriations in the
current fiscal year or any prior fiscal year.
Sec. 8085. (a) <> None of
the funds appropriated by this Act may be used to transfer research and
development, acquisition, or other program authority relating to current
tactical unmanned aerial vehicles (TUAVs) from the Army.

(b) The Army shall retain responsibility for and operational control
of the MQ-1C Sky Warrior Unmanned Aerial Vehicle (UAV) in order to
support the Secretary of Defense in matters relating to the employment
of unmanned aerial vehicles.
Sec. 8086.  Up to $15,000,000 of the funds appropriated under the
heading ``Operation and Maintenance, Navy'' may be made available for
the Asia Pacific Regional Initiative Program for the purpose of enabling
the Pacific Command to execute Theater Security Cooperation activities
such as humanitarian assistance, and payment of incremental and
personnel costs of training and exercising with foreign security forces:
Provided, That funds made available for this purpose may be used,
notwithstanding any other funding authorities for humanitarian
assistance, security assistance or combined exercise expenses:  Provided
further, That funds may not be obligated to provide assistance to any
foreign country that is otherwise prohibited from receiving such type of
assistance under any other provision of law.
Sec. 8087.  None of the funds appropriated by this Act for programs
of the Office of the Director of National Intelligence shall remain
available for obligation beyond the current fiscal year, except for
funds appropriated for research and technology, which shall remain
available until September 30, 2013.
Sec. 8088.  <> For purposes of section 1553(b)
of title 31, United States Code, any subdivision of appropriations made
in this Act under the heading ``Shipbuilding and Conversion, Navy''
shall be considered to be for the same purpose as any subdivision under
the heading ``Shipbuilding and Conversion, Navy'' appropriations

[[Page 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 <> Defense:  Provided
further, That the Secretary of Defense shall, not fewer than 30 days
prior to making transfers to the Department of State ``Global Security
Contingency Fund'', notify the congressional defense committees in
writing with the source of funds and a detailed justification, execution
plan, and timeline for each proposed project.

Sec. 8090.  <> The Director of National
Intelligence shall include the budget exhibits identified in paragraphs
(1) and (2) as described in the Department of Defense Financial
Management Regulation with the congressional budget justification books:
(1) For procurement programs requesting more than
$10,000,000 in any fiscal year, the P-1, Procurement Program; P-
5, Cost Analysis; P-5a, Procurement History and Planning; P-21,
Production Schedule; and P-40, Budget Item Justification.
(2) For research, development, test and evaluation projects
requesting more than $5,000,000 in any fiscal year, the R-1,
Research, Development, Test and Evaluation Program; R-2,
Research, Development, Test and Evaluation Budget Item
Justification; R-3, Research, Development, Test and Evaluation
Project Cost Analysis; and R-4, Research, Development, Test and
Evaluation Program Schedule Profile.

Sec. 8091.  The amounts appropriated in title II of this Act are
hereby reduced by $515,000,000 to reflect excess cash balances in
Department of Defense Working Capital Funds, as follows: From
``Operation and Maintenance, Army'', $515,000,000.
Sec. 8092. (a) <> Not later than 60 days
after enactment of this Act, the Office of the Director of National
Intelligence shall submit a report to the congressional intelligence
committees to establish the baseline for application of reprogramming
and transfer authorities for fiscal year 2012:  Provided, That the
report shall include--
(1) a table for each appropriation with a separate column to
display the President's budget request, adjustments made by
Congress, adjustments due to enacted rescissions, if
appropriate, and the fiscal year enacted level;
(2) a delineation in the table for each appropriation by
Expenditure Center and project; and
(3) an identification of items of special congressional
interest.

(b) <> None of the funds provided for the
National Intelligence Program in this Act shall be available for
reprogramming or transfer until the report identified in subsection (a)
is submitted to the congressional intelligence committees, unless the
Director of National Intelligence certifies in writing to the
congressional intelligence committees that such reprogramming or
transfer is necessary as an emergency requirement.

[[Page 828]]

Sec. 8093. (a) <> None of the funds
provided for the National Intelligence Program in this or any prior
appropriations Act shall be available for obligation or expenditure
through a reprogramming or transfer of funds in accordance with section
102A(d) of the National Security Act of 1947 (50 U.S.C. 403-1(d)) that--
(1) creates a new start effort;
(2) terminates a program with appropriated funding of
$10,000,000 or more;
(3) transfers funding into or out of the National
Intelligence Program; or
(4) transfers funding between appropriations,

unless the congressional intelligence committees are notified 30 days in
advance of such reprogramming of funds; this notification period may be
reduced for urgent national security requirements.
(b) None of the funds provided for the National Intelligence Program
in this or any prior appropriations Act shall be available for
obligation or expenditure through a reprogramming or transfer of funds
in accordance with section 102A(d) of the National Security Act of 1947
(50 U.S.C. 403-1(d)) that results in a cumulative increase or decrease
of the levels specified in the classified annex unless the congressional
intelligence committees are notified 30 days in advance of such
reprogramming of funds; this notification period may be reduced for
urgent national security requirements.
Sec. 8094.  <> The Director
of National Intelligence shall submit to Congress each year, at or about
the time that the President's budget is submitted to Congress that year
under section 1105(a) of title 31, United States Code, a future-years
intelligence program (including associated annexes) reflecting the
estimated expenditures and proposed appropriations included in that
budget. Any such future-years intelligence program shall cover the
fiscal year with respect to which the budget is submitted and at least
the four succeeding fiscal years.

Sec. 8095.  <> For the purposes of this Act, the
term ``congressional intelligence committees'' means the Permanent
Select Committee on Intelligence of the House of Representatives, the
Select Committee on Intelligence of the Senate, the Subcommittee on
Defense of the Committee on Appropriations of the House of
Representatives, and the Subcommittee on Defense of the Committee on
Appropriations of the Senate.

Sec. 8096.  <> The Department of Defense
shall continue to report incremental contingency operations costs for
Operation New Dawn and Operation Enduring Freedom on a monthly basis in
the Cost of War Execution Report as prescribed in the Department of
Defense Financial Management Regulation Department of Defense
Instruction 7000.14, Volume 12, Chapter 23 ``Contingency Operations'',
Annex 1, dated September 2005.

(including transfer of funds)

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

[[Page 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) <> Any agency receiving
funds made available in this Act, shall, subject to subsections (b) and
(c), post on the public website of that agency any report required to be
submitted by the Congress in this or any other Act, upon the
determination by the head of the agency that it shall serve the national
interest.

(b) Subsection (a) shall not apply to a report if--
(1) the public posting of the report compromises national
security; or
(2) the report contains proprietary information.

(c) <> The head of the agency posting such
report shall do so only after such report has been made available to the
requesting Committee or Committees of Congress for no less than 45 days.

Sec. 8101. <> (a) None of the funds appropriated
or otherwise made available by this Act may be expended for any Federal
contract for an amount in excess of $1,000,000, unless the contractor
agrees not to--
(1) enter into any agreement with any of its employees or
independent contractors that requires, as a condition of
employment, that the employee or independent contractor agree to
resolve through arbitration any claim under title VII of the
Civil Rights Act of 1964 or any tort related to or arising out
of sexual assault or harassment, including assault and battery,
intentional infliction of emotional distress, false
imprisonment, or negligent hiring, supervision, or retention; or
(2) take any action to enforce any provision of an existing
agreement with an employee or independent contractor that
mandates that the employee or independent contractor resolve
through arbitration any claim under title VII of the Civil
Rights Act of 1964 or any tort related to or arising out of
sexual assault or harassment, including assault and battery,
intentional infliction of emotional distress, false
imprisonment, or negligent hiring, supervision, or retention.

(b) <> None of the funds appropriated or
otherwise made available by this Act may be expended for any Federal
contract unless the contractor certifies that it requires each covered
subcontractor to agree not to enter into, and not to take any action to
enforce any provision of, any agreement as described in paragraphs (1)
and (2) of subsection (a), with respect to any employee or independent
contractor performing work related to such subcontract. For purposes of
this subsection, a ``covered subcontractor'' is an

[[Page 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) <> The Secretary of
Defense may waive the application of subsection (a) or (b) to a
particular contractor or subcontractor for the purposes of a particular
contract or subcontract if the Secretary or the Deputy Secretary
personally determines that the waiver is necessary to avoid harm to
national security interests of the United States, and that the term of
the contract or subcontract is not longer than necessary to avoid such
harm. The determination shall set forth with specificity the grounds for
the waiver and for the contract or subcontract term selected, and shall
state any alternatives considered in lieu of a waiver and the reasons
each such alternative would not avoid harm to national security
interests of the United States. <> The Secretary of Defense shall transmit to
Congress, and simultaneously make public, any determination under this
subsection not less than 15 business days before the contract or
subcontract addressed in the determination may be awarded.

Sec. 8102. (a)(1) No National Intelligence Program funds
appropriated in this Act may be used for a mission critical or mission
essential business management information technology system that is not
registered with the Director of National
Intelligence. <> A system shall be considered to be
registered with that officer upon the furnishing notice of the system,
together with such information concerning the system as the Director of
the Business Transformation Office may prescribe.

(2) During the fiscal year 2012 no funds may be obligated or
expended for a financial management automated information system, a
mixed information system supporting financial and non-financial systems,
or a business system improvement of more than $3,000,000, within the
Intelligence Community without the approval of the Business
Transformation Investment Review Board.
(b) This section shall not apply to any programmatic or analytic
systems or programmatic or analytic system improvements.
Sec. 8103.  <> None of the funds made available under
this Act may be distributed to the Association of Community
Organizations for Reform Now (ACORN) or its subsidiaries.

(including transfer of funds)

Sec. 8104.  From within the funds appropriated for operation and
maintenance for the Defense Health Program in this Act, up to
$135,631,000, shall be available for transfer to the Joint Department of
Defense-Department of Veterans Affairs Medical Facility Demonstration
Fund in accordance with the provisions of section 1704 of the National
Defense Authorization Act for Fiscal Year 2010, Public Law 111-84:
Provided, That for purposes of section 1704(b), the facility operations
funded are operations of the integrated Captain James A. Lovell Federal
Health Care Center, consisting of the North Chicago Veterans Affairs
Medical Center, the Navy Ambulatory Care Center, and supporting
facilities designated as a combined Federal medical facility as
described by

[[Page 831]]

section 706 of Public Law 110-417:  Provided
further, <> That additional funds may be
transferred from funds appropriated for operation and maintenance for
the Defense Health Program to the Joint Department of Defense-Department
of Veterans Affairs Medical Facility Demonstration Fund upon written
notification by the Secretary of Defense to the Committees on
Appropriations of the House of Representatives and the Senate.

Sec. 8105.  Section 310(b) of the Supplemental Appropriations Act,
2009 (Public Law 111-32; 124 Stat. 1871), as amended by Public Law 112-
10, is amended by striking ``2 years'' both places it appears and
inserting ``3 years''.
Sec. 8106.  The Office of the Director of National Intelligence
shall not employ more Senior Executive employees than are specified in
the classified <> annex:  Provided,
That not later than 90 days after the enactment of this Act, the
Director of National Intelligence shall submit to the congressional
intelligence committees the Office of the Director of National
Intelligence strategic human capital plan and the Office of Director of
National Intelligence current and future grade structure, to include
General Schedule 15 positions.

Sec. 8107.  None of the funds appropriated or otherwise made
available by this Act may be obligated or expended to pay a retired
general or flag officer to serve as a senior mentor advising the
Department of Defense unless such retired officer files a Standard Form
278 (or successor form concerning public financial disclosure under part
2634 of title 5, Code of Federal Regulations) to the Office of
Government Ethics.
Sec. 8108.  Appropriations available to the Department of Defense
may be used for the purchase of heavy and light armored vehicles for the
physical security of personnel or for force protection purposes up to a
limit of $250,000 per vehicle, notwithstanding price or other
limitations applicable to the purchase of passenger carrying vehicles.
Sec. 8109.  <> The
Inspector General of the Department of Defense shall conduct a review of
Anti-deficiency Act violations and their causes in the Department of
Defense Military Personnel accounts. Based on the findings of the
review, the Inspector General shall submit to the congressional defense
committees a report containing the results of the review and
recommendations for corrective actions to be implemented.

Sec. 8110.  <> Of the amounts
appropriated for ``Operation and Maintenance, Defense-Wide'',
$33,000,000 shall be available to the Secretary of Defense,
notwithstanding any other provision of law, acting through the Office of
Economic Adjustment of the Department of Defense, to make grants,
conclude cooperative agreements, and supplement other Federal funds, to
remain available until expended, to assist the civilian population of
Guam in response to the military buildup of Guam, to include addressing
the need for vehicles and supplies for civilian student transportation,
preservation and repository of artifacts unearthed during military
construction, and construction of a mental health and substance abuse
facility:  Provided, <> That the
Secretary of Defense shall, not fewer than 15 days prior to obligating
funds for this purpose, notify the congressional defense committees in
writing of the details of any such obligation.

Sec. 8111.  None of the funds made available by this Act may be used
by the Secretary of Defense to take beneficial occupancy

[[Page 832]]

of more than 2,000 parking spaces (other than handicap-reserved spaces)
to be provided by the BRAC 133 <> project:  Provided,
That this limitation may be waived in part if: (1) the Secretary of
Defense certifies to Congress that levels of service at existing
intersections in the vicinity of the project have not experienced
failing levels of service as defined by the Transportation Research
Board Highway Capacity Manual over a consecutive 90-day period; (2) the
Department of Defense and the Virginia Department of Transportation
agree on the number of additional parking spaces that may be made
available to employees of the facility subject to continued 90-day
traffic monitoring; and (3) the Secretary of Defense notifies the
congressional defense committees in writing at least 14 days prior to
exercising this waiver of the number of additional parking spaces to be
made available:  Provided further, <> That the Secretary of Defense shall
implement the Department of Defense Inspector General recommendations
outlined in report number DODIG-2012-024, and certify to Congress not
later than 180 days after enactment of this Act that the recommendations
have been implemented.

Sec. 8112. (a) <> None of the funds
provided in this title for Operation and Maintenance may be available
for obligation or expenditure to relocate Air Force program offices, or
acquisition management functions of major weapons systems, to a central
location, or to any location other than the Air Force Material Command
site where they are currently located until 30 days after the Secretary
of the Air Force submits the initial report under subsection (b).

(b) The Secretary of the Air Force shall submit to the congressional
defense committees a report which includes the following: a listing of
all Air Force Material Command functions to be transferred and an
identification of the locations where these functions will be
transferred from and to; a listing of all Air Force Material Command
personnel positions to be transferred and an identification of the
locations these positions will be transferred from and to; and the cost
benefit analysis and the life-cycle cost analysis underpinning the
Secretary of the Air Force's decision to relocate Air Force Material
Command functions and personnel.
Sec. 8113.  <> Not later than 120 days
after the date of the enactment of this Act, the Secretary of Defense
shall resume quarterly reporting of the numbers of civilian personnel
end strength by appropriation account for each and every appropriation
account used to finance Federal civilian personnel salaries to the
congressional defense committees within 15 days after the end of each
fiscal quarter.

Sec. 8114.  In addition to amounts provided elsewhere in this Act,
$10,000,000 is hereby appropriated, for an additional amount for
``Research, Development, Test and Evaluation, Army'', to remain
available until September 30, 2013. Such funds may be available for the
Secretary of the Army to conduct research on alternative energy
resources for deployed forces.
Sec. 8115.  <> The Secretary of
Defense shall study and report to the Congressional Defense Committees
the feasibility of using commercially available telecommunications
expense management solutions across the Department of Defense by March
1, 2012.

Sec. 8116.  None of the funds appropriated in this or any other Act
may be used to plan, prepare for, or otherwise take any action to
undertake or implement the separation of the National

[[Page 833]]

Intelligence Program budget from the Department of Defense budget.

(including transfer of funds)

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

(including transfer of funds)

Sec. 8118.  In addition to amounts provided elsewhere in this Act,
there is appropriated $250,000,000, for an additional amount for
``Operation and Maintenance, Defense-Wide'', to be available until
expended:  Provided, <> That such funds shall
only be available to the Secretary of Defense, acting through the Office
of Economic Adjustment of the Department of Defense, or for transfer to
the Secretary of Education, notwithstanding any other provision of law,
to make grants, conclude cooperative agreements, or supplement other
Federal funds to construct, renovate, repair, or expand elementary and
secondary public schools on military installations in order to address
capacity or facility condition deficiencies at such schools:  Provided
further, <> That in making such funds available,
the Office of Economic Adjustment or the Secretary of Education shall
give priority consideration to those military installations with schools
having the most serious capacity or facility condition deficiencies as
determined by the Secretary of Defense.

Sec. 8119.  <> None
of the funds appropriated or otherwise made available in this or any
other Act may be used to transfer, release, or assist in the transfer or
release to or within the United States, its territories, or possessions
Khalid Sheikh Mohammed or any other detainee who--
(1) is not a United States citizen or a member of the Armed
Forces of the United States; and
(2) is or was held on or after June 24, 2009, at the United
States Naval Station, Guantanamo Bay, Cuba, by the Department of
Defense.

Sec. 8120. (a)(1) <> Except as
provided in paragraph (2) and subsection (d), none of the funds
appropriated or otherwise made available in this or any other Act may be
used to transfer any individual detained at Guantanamo to the custody or
control of the individual's country of origin, any other foreign
country, or any other foreign entity unless the Secretary of Defense
submits to Congress the certification described in subsection (b) not
later than 30 days before the transfer of the individual.

(2) Paragraph (1) shall not apply to any action taken by the
Secretary to transfer any individual detained at Guantanamo to
effectuate--

[[Page 834]]

(A) <> an order affecting the
disposition of the individual that is issued by a court or
competent tribunal of the United States having lawful
jurisdiction (which the Secretary shall notify Congress of
promptly after issuance); or
(B) a pre-trial agreement entered in a military commission
case prior to the date of the enactment of this Act.

(b) A certification described in this subsection is a written
certification made by the Secretary of Defense, with the concurrence of
the Secretary of State and in consultation with the Director of National
Intelligence, that--
(1) the government of the foreign country or the recognized
leadership of the foreign entity to which the individual
detained at Guantanamo is to be transferred--
(A) is not a designated state sponsor of terrorism
or a designated foreign terrorist organization;
(B) maintains control over each detention facility
in which the individual is to be detained if the
individual is to be housed in a detention facility;
(C) is not, as of the date of the certification,
facing a threat that is likely to substantially affect
its ability to exercise control over the individual;
(D) has taken or agreed to take effective actions to
ensure that the individual cannot take action to
threaten the United States, its citizens, or its allies
in the future;
(E) has taken or agreed to take such actions as the
Secretary of Defense determines are necessary to ensure
that the individual cannot engage or reengage in any
terrorist activity; and
(F) has agreed to share with the United States any
information that--
(i) is related to the individual or any
associates of the individual; and
(ii) could affect the security of the United
States, its citizens, or its allies; and
(2) includes an assessment, in classified or unclassified
form, of the capacity, willingness, and past practices (if
applicable) of the foreign country or entity in relation to the
Secretary's certifications.

(c)(1) <> Except as provided in paragraph (2) and
subsection (d), none of the funds appropriated or otherwise made
available in this or any other Act may be used to transfer any
individual detained at Guantanamo to the custody or control of the
individual's country of origin, any other foreign country, or any other
foreign entity if there is a confirmed case of any individual who was
detained at United States Naval Station, Guantanamo Bay, Cuba, at any
time after September 11, 2001, who was transferred to such foreign
country or entity and subsequently engaged in any terrorist activity.

(2) Paragraph (1) shall not apply to any action taken by the
Secretary to transfer any individual detained at Guantanamo to
effectuate--
(A) <> an order affecting the
disposition of the individual that is issued by a court or
competent tribunal of the United States having lawful
jurisdiction (which the Secretary shall notify Congress of
promptly after issuance); or
(B) a pre-trial agreement entered in a military commission
case prior to the date of the enactment of this Act.

[[Page 835]]

(d)(1) <> The
Secretary of Defense may waive the applicability to a detainee transfer
of a certification requirement specified in subparagraph (D) or (E) of
subsection (b)(1) or the prohibition in subsection (c), if the Secretary
certifies the rest of the criteria required by subsection (b) for
transfers prohibited by (c) and, with the concurrence of the Secretary
of State and in consultation with the Director of National Intelligence,
determines that--
(A) alternative actions will be taken to address the
underlying purpose of the requirement or requirements to be
waived;
(B) in the case of a waiver of subparagraph (D) or (E) of
subsection (b)(1), it is not possible to certify that the risks
addressed in the paragraph to be waived have been completely
eliminated, but the actions to be taken under subparagraph (A)
will substantially mitigate such risks with regard to the
individual to be transferred;
(C) in the case of a waiver of subsection (c), the Secretary
has considered any confirmed case in which an individual who was
transferred to the country subsequently engaged in terrorist
activity, and the actions to be taken under subparagraph (A)
will substantially mitigate the risk of recidivism with regard
to the individual to be transferred; and
(D) the transfer is in the national security interests of
the United States.

(2) <> Whenever the Secretary makes a
determination under paragraph (1), the Secretary shall submit to the
appropriate committees of Congress, not later than 30 days before the
transfer of the individual concerned, the following:
(A) A copy of the determination and the waiver concerned.
(B) A statement of the basis for the determination,
including--
(i) an explanation why the transfer is in the
national security interests of the United States; and
(ii) in the case of a waiver of subparagraph (D) or
(E) of subsection (b)(1), an explanation why it is not
possible to certify that the risks addressed in the
subparagraph to be waived have been completely
eliminated.
(C) A summary of the alternative actions to be taken to
address the underlying purpose of, and to mitigate the risks
addressed in, the subparagraph or subsection to be waived.
(D) The assessment required by subsection (b)(2).

(e) <> In this section:
(1) The term ``appropriate committees of Congress'' means--
(A) the Committee on Armed Services, the Committee
on Appropriations, and the Select Committee on
Intelligence of the Senate; and
(B) the Committee on Armed Services, the Committee
on Appropriations, and the Permanent Select Committee on
Intelligence of the House of Representatives.
(2) The term ``individual detained at Guantanamo'' means any
individual located at United States Naval Station, Guantanamo
Bay, Cuba, as of October 1, 2009, who--
(A) is not a citizen of the United States or a
member of the Armed Forces of the United States; and
(B) is--
(i) in the custody or under the control of the
Department of Defense; or

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

Sec. 8125.  <> None of the funds made available by this Act
may be used to enter into a contract, memorandum of understanding, or
cooperative agreement with, make a grant to, or provide a loan or loan
guarantee to, any corporation that was convicted of a felony criminal
violation under any Federal law within the preceding 24 months, where
the awarding agency is aware of the conviction, unless the agency has
considered suspension or debarment of the corporation and made a
determination that this further action is not necessary to protect the
interests of the Government.

(including transfer of funds)

Sec. 8126.  There is hereby established in the Treasury of the
United States the ``Military Intelligence Program Transfer Fund''. In
addition to amounts provided elsewhere in this Act, there is
appropriated $310,758,000 for the ``Military Intelligence Program
Transfer Fund'':  Provided, That of the funds made available in this
section, the Secretary of Defense may transfer these funds only to
``Operation and Maintenance, Defense-Wide'' or ``Research, Development,
Test and Evaluation, Defense-Wide'' and only for the purposes described
in the classified annex accompanying this Act:  Provided
further, <> That the Secretary shall
notify the congressional defense committees in writing of the details of
any such transfer not fewer than 15 days prior to making such transfers:
Provided further, That funds transferred shall be merged with and be
available for the same purposes and for the same time

[[Page 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.  <> 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 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 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, <> 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 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, <> That these funds may be used for the
purpose of providing specialized training and procuring supplies and
specialized equipment and providing such supplies and loaning such
equipment on a non-reimbursable basis to coalition forces supporting
United States military operations in Afghanistan, and 15 days following
notification to the appropriate congressional committees:  Provided
further, <> That the Secretary of Defense
shall provide quarterly reports to the congressional defense committees
on the use of funds provided in this paragraph.

Operation and Maintenance, Army Reserve

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

Operation and Maintenance, Navy Reserve

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

Operation and Maintenance, Marine Corps Reserve

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

Operation and Maintenance, Air Force Reserve

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

Operation and Maintenance, Army National Guard

For an additional amount for ``Operation and Maintenance, Army
National Guard'', $377,544,000:  Provided, That such amounts in this
paragraph are designated by the Congress for Overseas

[[Page 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, <> That any unexpended funds transferred
to the Secretary of State under this authority shall be returned to the
Afghanistan Infrastructure Fund if the Secretary of State, in
coordination with the Secretary of Defense, determines that the project
cannot be implemented for any reason, or that the project no longer
supports the counterinsurgency strategy in Afghanistan:  Provided
further, That any funds returned to the Secretary of Defense under the
previous proviso shall be available for use under this appropriation and
shall be treated in the same manner as funds not transferred to the
Secretary of State:  Provided further, That contributions of funds for
the purposes provided herein to the Secretary of State in accordance
with section 635(d) of the Foreign Assistance Act from any person,
foreign government, or international organization may be credited to
this Fund, to remain available until expended, and used for such
purposes:  Provided further, <> That the
Secretary of Defense shall, not fewer than 15 days prior to making
transfers to or from, or obligations from the Fund, notify the
appropriate committees of Congress

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

PROCUREMENT

Aircraft Procurement, Army

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

[[Page 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 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 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, <> That the Chiefs of National
Guard and Reserve components shall, not later than 30 days after the
enactment of this Act, individually submit to the congressional defense
committees the modernization priority assessment for their respective
National Guard or Reserve component:  Provided further, That such
amounts in this paragraph are designated by the Congress for Overseas
Contingency Operations/Global War on Terrorism pursuant to section
251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of
1985.

Mine Resistant Ambush Protected Vehicle Fund

(including transfer of funds)

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

[[Page 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 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, <> 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 849]]

(including transfer of funds)

Sec. 9002.  <> Upon the determination of the
Secretary of Defense that such action is necessary in the national
interest, the Secretary may, with the approval of the Office of
Management and Budget, transfer up to $4,000,000,000 between the
appropriations or funds made available to the Department of Defense in
this <> title:  Provided, That the Secretary shall
notify the Congress promptly of each transfer made pursuant to the
authority in this section:  Provided further, That the authority
provided in this section is in addition to any other transfer authority
available to the Department of Defense and is subject to the same terms
and conditions as the authority provided in the Department of Defense
Appropriations Act, 2012.

Sec. 9003.  Supervision and administration costs associated with a
construction project funded with appropriations available for operation
and maintenance, ``Afghanistan Infrastructure Fund'', or the
``Afghanistan Security Forces Fund'' provided in this Act and executed
in direct support of overseas contingency operations in Afghanistan, may
be obligated at the time a construction contract is awarded:  Provided,
That for the purpose of this section, supervision and administration
costs include all in-house Government costs.
Sec. 9004.  From funds made available in this title, the Secretary
of Defense may purchase for use by military and civilian employees of
the Department of Defense in the U.S. Central Command area of
responsibility: (a) passenger motor vehicles up to a limit of $75,000
per vehicle; and (b) heavy and light armored vehicles for the physical
security of personnel or for force protection purposes up to a limit of
$250,000 per vehicle, notwithstanding price or other limitations
applicable to the purchase of passenger carrying vehicles.
Sec. 9005.  <> Not to exceed $400,000,000 of the
amount appropriated in this title under the heading ``Operation and
Maintenance, Army'' may be used, notwithstanding any other provision of
law, to fund the Commander's Emergency Response Program (CERP), for the
purpose of enabling military commanders in Afghanistan to respond to
urgent, small-scale, humanitarian relief and reconstruction requirements
within their areas of responsibility:  Provided, That each project
(including any ancillary or related elements in connection with such
project) executed under this authority shall not exceed $20,000,000:
Provided further, <> That not later than 45 days after
the end of each fiscal year quarter, the Secretary of Defense shall
submit to the congressional defense committees a report regarding the
source of funds and the allocation and use of funds during that quarter
that were made available pursuant to the authority provided in this
section or under any other provision of law for the purposes
described <> herein:  Provided further, That,
not later than 30 days after the end of each month, the Army shall
submit to the congressional defense committees monthly commitment,
obligation, and expenditure data for the Commander's Emergency Response
Program in <> Afghanistan:  Provided further, That not
less than 15 days before making funds available pursuant to the
authority provided in this section or under any other provision of law
for the purposes described herein for a project with a total anticipated
cost for completion of $5,000,000

[[Page 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) <> A plan for the sustainment of the
proposed project, including the agreement with either the host
nation, a non-Department of Defense agency of the United States
Government or a third-party contributor to finance the
sustainment of the activities and maintenance of any equipment
or facilities to be provided through the proposed project.

Sec. 9006.  Funds available to the Department of Defense for
operation and maintenance may be used, notwithstanding any other
provision of law, to provide supplies, services, transportation,
including airlift and sealift, and other logistical support to coalition
forces supporting military and stability operations in Iraq and
Afghanistan:  Provided, <> That the Secretary
of Defense shall provide quarterly reports to the congressional defense
committees regarding support provided under this section.

Sec. 9007.  <> None of the funds
appropriated or otherwise made available by this or any other Act shall
be obligated or expended by the United States Government for a purpose
as follows:
(1) To establish any military installation or base for the
purpose of providing for the permanent stationing of United
States Armed Forces in Iraq.
(2) To exercise United States control over any oil resource
of Iraq.
(3) To establish any military installation or base for the
purpose of providing for the permanent stationing of United
States Armed Forces in Afghanistan.

Sec. 9008.  None of the funds made available in this Act may be used
in contravention of the following laws enacted or regulations
promulgated to implement the United Nations Convention Against Torture
and Other Cruel, Inhuman or Degrading Treatment or Punishment (done at
New York on December 10, 1984):
(1) Section 2340A of title 18, United States Code.
(2) Section 2242 of the Foreign Affairs Reform and
Restructuring Act of 1998 (division G of Public Law 105-277; 112
Stat. 2681-822; 8 U.S.C. 1231 note) and regulations prescribed
thereto, including regulations under part 208 of title 8, Code
of Federal Regulations, and part 95 of title 22, Code of Federal
Regulations.
(3) Sections 1002 and 1003 of the Department of Defense,
Emergency Supplemental Appropriations to Address Hurricanes in
the Gulf of Mexico, and Pandemic Influenza Act, 2006 (Public Law
109-148).

Sec. 9009.  None of the funds provided for the ``Afghanistan
Security Forces Fund'' (ASFF) may be obligated prior to the approval of
a financial and activity plan by the Afghanistan Resources Oversight
Council (AROC) of the Department of Defense:  Provided, That the AROC
must approve the requirement and acquisition plan for any service
requirements in excess of

[[Page 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, <> That the Department of Defense must
certify to the congressional defense committees that the AROC has
convened and approved a process for ensuring compliance with the
requirements in the preceding provisos and accompanying report language
for the ASFF, AIF, and CERP.

Sec. 9010. (a) Funding for Outreach and Reintegration Services Under
Yellow Ribbon Reintegration Program.--Of the amounts appropriated or
otherwise made available by title IX, up to $20,000,000 may be available
for outreach and reintegration services under the Yellow Ribbon
Reintegration Program under section 582(h) of the National Defense
Authorization Act for Fiscal Year 2008 (Public Law 110-181; 122 Stat.
125; 10 U.S.C. 10101 note).
(b) Supplement Not Supplant.--The amount made available by
subsection (a) for the services described in that subsection is in
addition to any other amounts available in this Act for such services.
Sec. 9011.  Funds made available in this title to the Department of
Defense for operation and maintenance may be used to purchase items
having an investment unit cost of not more than $250,000:
Provided, <> That, upon determination by the
Secretary of Defense that such action is necessary to meet the
operational requirements of a Commander of a Combatant Command engaged
in contingency operations overseas, such funds may be used to purchase
items having an investment item unit cost of not more than $500,000.

Sec. 9012.  Notwithstanding any other provision of law, up to
$150,000,000 of funds made available in this title under the heading
``Operation and Maintenance, Army'' may be obligated and expended for
purposes of the Task Force for Business and Stability Operations,
subject to the direction and control of the Secretary of Defense, with
concurrence of the Secretary of State, to carry out strategic business
and economic assistance activities in Afghanistan in support of
Operation Enduring <> Freedom:  Provided, That
not less than 15 days before making funds available pursuant to the
authority provided in this section for any project with a total
anticipated cost of $5,000,000 or more, the Secretary shall submit to
the congressional defense committees a written notice containing a
detailed justification and timeline for each proposed project.

Sec. 9013.  From funds made available to the Department of Defense
in this title under the heading ``Operation and Maintenance, Air Force''
up to $524,000,000 may be used by the Secretary of Defense,
notwithstanding any other provision of law, to support United States
Government transition activities in Iraq by funding the operations and
activities of the Office of Security Cooperation in Iraq and security
assistance teams, including life support, transportation and personal
security, and facilities renovation and construction:
Provided, <> That not less than 15 days before
making funds available pursuant to the authority provided in this
section, the Secretary shall submit to the congressional defense
committees a written notice containing a detailed justification and
timeline for each proposed site.

[[Page 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, <> That the reductions shall
be applied to the military personnel and operation and maintenance
appropriations only:  Provided
further, <> That the Secretary of Defense
shall, not fewer than 15 days prior to reducing funds for this purpose,
notify the congressional defense committees in writing of the details of
any such reduction by appropriation and budget line item.

Sec. 9015.  Of the funds appropriated in Department of Defense
Appropriations Acts, the following funds are hereby rescinded from the
following accounts and programs in the specified amounts:  Provided,
That such amounts are designated by the Congress for Overseas
Contingency Operations/Global War on Terrorism pursuant to section
251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of
1985:
``Overseas Contingency Operations Transfer Fund, 2010'',
$356,810,000;
``Procurement of Ammunition, Army, 2010/2012'', $21,000,000;
``Other Procurement, Air Force, 2010/2012'', $2,250,000.
This division may be cited as the ``Department of Defense
Appropriations Act, 2012''.

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

TITLE I

CORPS OF ENGINEERS--CIVIL

DEPARTMENT OF THE ARMY

Corps of Engineers--civil

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

investigations

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

[[Page 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 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 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 856]]

to respond to emergencies:
Provided, <> That the Chief of Engineers
must notify the House and Senate Committees on Appropriations of
these emergency actions as soon thereafter as practicable:
Provided further, That for a base level over $1,000,000,
reprogramming of 15 percent of the base amount a limit of
$5,000,000 per project, study or activity is allowed:  Provided
further, That for a base level less than $1,000,000, the
reprogramming limit is $150,000:  Provided further, That
$150,000 may be reprogrammed into any continuing study or
activity that did not receive an appropriation;
(9) Mississippi river and tributaries.--The same
reprogramming guidelines for the Investigations, Construction,
and Operation and Maintenance portions of the Mississippi River
and Tributaries Account as listed above; and
(10) Formerly utilized sites remedial action program.--
Reprogramming of up to 15 percent of the base of the receiving
project is permitted.

(b) De Minimus Reprogrammings.--In no case should a reprogramming
for less than $50,000 be submitted to the House and Senate Committees on
Appropriations.
(c) Continuing Authorities Program.--Subsection (a)(1) shall not
apply to any project or activity funded under the continuing authorities
program.
(d) <> Not later than 60 days after the
date of enactment of this Act, the Corps of Engineers shall submit a
report to the House and Senate Committees on Appropriations to establish
the baseline for application of reprogramming and transfer authorities
for the current fiscal year:  Provided, That the report shall include:
(1) A table for each appropriation with a separate column to
display the President's budget request, adjustments made by
Congress, adjustments due to enacted rescissions, if
appropriate, and the fiscal year enacted level;
(2) A delineation in the table for each appropriation both
by object class and program, project and activity as detailed in
the budget appendix for the respective appropriations; and
(3) An identification of items of special congressional
interest.

Sec. 102.  None of the funds made available in this title may be
used to award or modify any contract that commits funds beyond the
amounts appropriated for that program, project, or activity that remain
unobligated, except that such amounts may include any funds that have
been made available through reprogramming pursuant to section 101.
Sec. 103.  None of the funds in this Act, or previous Acts, making
funds available for Energy and Water Development, shall be used to award
any continuing contract that commits additional funding from the Inland
Waterways Trust Fund unless or until such time that a long-term
mechanism to enhance revenues in this Fund sufficient to meet the cost-
sharing authorized in the Water Resources Development Act of 1986
(Public Law 99-662) is enacted.
Sec. 104.  <> Within 120 days of the date
of the Chief of Engineers Report on a water resource matter, the
Assistant Secretary of the Army (Civil Works) shall submit the report to
the appropriate authorizing and appropriating committees of the
Congress.

Sec. 105.  <> During the fiscal
year period covered by this Act, the Secretary of the Army is authorized
to implement measures

[[Page 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 <> 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 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) <> inserting ``: Provided further,
That the term `States' means the several States, the District of
Columbia, the commonwealths, territories, and possessions of the
United States, and Federally recognized Indian tribes'' before
the period.

(b) <> The Secretary shall notify
the appropriate committees of Congress prior to initiation of
negotiations for accepting contributed funds under 33 U.S.C. 701h.

Sec. 112.  <> With respect to the
property covered by the deed described in Auditor's instrument No. 2006-
014428 of Benton County, Washington, approximately 1.5 acres, the
following deed restrictions are hereby extinguished and of no further
force and effect:
(1) The reversionary interest and use restrictions related
to port and industrial purposes;
(2) The right for the District Engineer to review all pre-
construction plans and/or specifications pertaining to
construction and/or maintenance of any structure intended for
human habitation, if the elevation of the property is above the
standard project flood elevation; and
(3) The right of the District Engineer to object to, and
thereby prevent, in his/her discretion, such activity.

[[Page 859]]

Sec. 113.  <> That portion of the project for
navigation, Block Island Harbor of Refuge, Rhode Island adopted by the
Rivers and Harbors Act of July 11, 1870, consisting of the cut-stone
breakwater lining the west side of the Inner Basin; beginning at a point
with coordinates N32579.55, E312625.53, thence running northerly about
76.59 feet to a point with coordinates N32655.92, E312631.32, thence
running northerly about 206.81 feet to a point with coordinates
N32858.33, E312673.74, thence running easterly about 109.00 feet to a
point with coordinates N32832.15, E312779.54, shall no longer be
authorized after the date of enactment.

Sec. 114.  The Secretary of the Army, acting through the Chief of
Engineers, is authorized, using amounts available in the Revolving Fund
established by section 101 of the Act of July 27, 1953, chap. 245 (33
U.S.C. 576), to construct a Consolidated Infrastructure Research
Equipment Facility, an Environmental Processes and Risk Lab, a Hydraulic
Research Facility, an Engineer Research and Development Center
headquarters building, a Modular Hydraulic Flume building, and to
purchase real estate, perform construction, and make facility, utility,
street, road, and infrastructure improvements to the Engineer Research
and Development Center's installations and facilities. The Secretary
shall ensure that the Revolving Fund is appropriately reimbursed from
the benefitting appropriations.
Sec. 115.  Section 1148 of the Water Resources Development Act of
1986 (100 Stat. 4254; 110 Stat. 3718; 114 Stat. 2609) is amended by
striking subsection (b) and inserting the following:
``(b) Disposition of Acquired Land.--The Secretary may transfer land
acquired under this section to the non-Federal sponsor by quitclaim deed
subject to such terms and conditions as the Secretary determines to be
in the public interest.''.
Sec. 116.  The New London Disposal Site and the Cornfield Shoals
Disposal Site in Long Island Sound selected by the Department of the
Army as alternative dredged material disposal sites under section 103(b)
of the Marine Protection, Research, and Sanctuaries Act of 1972, as
amended, shall remain open for 5 years after enactment of this Act to
allow for completion of a Supplemental Environmental Impact Statement to
support final designation of an Ocean Dredged Material Disposal Site in
eastern Long Island Sound under section 102(c) of the Marine Protection,
Research, and Sanctuaries Act of 1972.
Sec. 117. (a) That portion of the project for navigation, Newport
Harbor, Rhode Island adopted by the Rivers and Harbors Acts of March 2,
1907 (34 Stat. 1075); June 25, 1910 (36 Stat. 632); August 26, 1937 (50
Stat. 845); and, modified by the Consolidated Appropriations Act, 2000,
Public Law 106-113, appendix E, title II, section 221 (113 Stat. 1501A-
298); consisting of a 13-foot anchorage, an 18-foot anchorage, a 21-foot
channel, and 18-foot channels described by the following shall no longer
be authorized after the date of enactment of this Act: the 21-Foot
Entrance Channel, beginning at a point (1) with coordinates 374986.03,
150611.01; thence running south 46 degrees 54 minutes 30.7 seconds east
900.01 feet to a point (2) with coordinates 375643.27, 149996.16; thence
running south 8 degrees 4 minutes 58.3 east 2,376.87 feet to a point (3)
with coordinates 375977.47, 147643.00; thence running south 4 degrees 28
minutes 20.4 seconds west 738.56 feet to a point (4) with coordinates
375919.88, 146906.60; thence running south 6 degrees 2 minutes 42.4
seconds east 1,144.00 feet to a

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

(d) <> The Bureau of Reclamation shall
submit reports on a quarterly basis to the Committees on Appropriations
of the House of Representatives and the Senate detailing all the funds
reprogrammed between programs, projects, activities, or categories of
funding. The first quarterly report shall be submitted not later than 60
days after the date of enactment of this Act.

[[Page 865]]

Sec. 202. <> (a) None of the funds
appropriated or otherwise made available by this Act may be used to
determine the final point of discharge for the interceptor drain for the
San Luis Unit until development by the Secretary of the Interior and the
State of California of a plan, which shall conform to the water quality
standards of the State of California as approved by the Administrator of
the Environmental Protection Agency, to minimize any detrimental effect
of the San Luis drainage waters.

(b) The costs of the Kesterson Reservoir Cleanup Program and the
costs of the San Joaquin Valley Drainage Program shall be classified by
the Secretary of the Interior as reimbursable or nonreimbursable and
collected until fully repaid pursuant to the ``Cleanup Program-
Alternative Repayment Plan'' and the ``SJVDP-Alternative Repayment
Plan'' described in the report entitled ``Repayment Report, Kesterson
Reservoir Cleanup Program and San Joaquin Valley Drainage Program,
February 1995'', prepared by the Department of the Interior, Bureau of
Reclamation. Any future obligations of funds by the United States
relating to, or providing for, drainage service or drainage studies for
the San Luis Unit shall be fully reimbursable by San Luis Unit
beneficiaries of such service or studies pursuant to Federal reclamation
law.
Sec. 203.  Section 529(b)(3) of Public Law 106-541, as amended by
section 115 of Public Law 109-103, <> is further
amended by striking ``$20,000,000'' and inserting ``$30,000,000'' in
lieu thereof.

Sec. 204.  Section 8 of the Water Desalination Act of 1996 (42
U.S.C. 10301 note; Public Law 104-298) is amended--
(1) in subsection (a), in the first sentence, by striking
``2011'' and inserting ``2013''; and
(2) in subsection (b), by striking ``$25,000,000 for fiscal
years 1997 through 2011'' and inserting ``$3,000,000 for each of
fiscal years 2012 through 2013''.

Sec. 205.  The Federal policy for addressing California's water
supply and environmental issues related to the Bay-Delta shall be
consistent with State law, including the co-equal goals of providing a
more reliable water supply for the State of California and protecting,
restoring, and enhancing the Delta <> ecosystem. The
Secretary of the Interior, the Secretary of Commerce, the Army Corps of
Engineers and the Environmental Protection Agency Administrator shall
jointly coordinate the efforts of the relevant agencies and work with
the State of California and other stakeholders to complete and issue the
Bay Delta Conservation Plan Final Environmental Impact Statement no
later than February 15, 2013. Nothing herein modifies existing
requirements of Federal law.

Sec. 206.  The Secretary of the Interior may participate in non-
Federal groundwater banking programs to increase the operational
flexibility, reliability, and efficient use of water in the State of
California, and this participation may include making payment for the
storage of Central Valley Project water supplies, the purchase of stored
water, the purchase of shares or an interest in ground banking
facilities, or the use of Central Valley Project water as a medium of
payment for groundwater banking services:  Provided, That the Secretary
of the Interior shall participate in groundwater banking programs only
to the extent allowed under State law and consistent with water rights
applicable to the Central Valley Project:  Provided further, That any
water user to which banked water is delivered shall pay for such water
in the same

[[Page 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) <> 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 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 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 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, <> 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 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 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 <> 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 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 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 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 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 <> notwithstanding any other provision of law, not to exceed
$304,600,000 of revenues from fees and annual charges, and other
services and collections in fiscal year 2012 shall be retained and used
for necessary expenses in this account, and shall remain available until
expended:  Provided further, That the sum herein appropriated from the
general fund shall be reduced as revenues are received during fiscal
year 2012 so as to result in a final fiscal year 2012 appropriation from
the general fund estimated at not more than $0.

GENERAL PROVISIONS--DEPARTMENT OF ENERGY

(including rescission and transfer of funds)

Sec. 301. (a) No appropriation, funds, or authority made available
by this title for the Department of Energy shall be used to initiate or
resume any program, project, or activity or to prepare or initiate
Requests For Proposals or similar arrangements (including Requests for
Quotations, Requests for Information, and Funding Opportunity
Announcements) for a program, project, or activity if the program,
project, or activity has not been funded by Congress.
(b) <> The
Department of Energy may not, with respect to any program, project, or
activity that uses budget authority made available in this title under
the heading ``Department of Energy--Energy Programs'', enter into a
multi-year contract, award a multi-year grant, or enter into a multi-
year cooperative agreement unless the contract, grant, or cooperative
agreement includes a clause conditioning the Federal Government's
obligation on the availability of future-year budget authority and the
Secretary notifies the Committees on Appropriations of the House of
Representatives and the Senate at least 14 days in advance.

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

[[Page 876]]

(d) <> The amounts made available by
this title may be reprogrammed for any program, project, or activity,
and the Department shall notify the Committees on Appropriations of the
House of Representatives and the Senate at least 30 days prior to the
use of any proposed reprogramming which would cause any program,
project, or activity funding level to increase or decrease by more than
$5,000,000 or 10 percent, whichever is less, during the time period
covered by this Act.

(e) Notwithstanding subsection (c), none of the funds provided in
this title shall be available for obligation or expenditure through a
reprogramming of funds that--
(1) creates, initiates, or eliminates a program, project, or
activity;
(2) increases funds or personnel for any program, project,
or activity for which funds are denied or restricted by this
Act; or
(3) reduces funds that are directed to be used for a
specific program, project, or activity by this Act.

(f)(1) <> The Secretary of Energy may waive
any requirement or restriction in this section that applies to the use
of funds made available for the Department of Energy if compliance with
such requirement or restriction would pose a substantial risk to human
health, the environment, welfare, or national security.

(2) <> The Secretary of Energy shall
notify the Committees on Appropriations of any waiver under paragraph
(1) as soon as practicable, but not later than 3 days after the date of
the activity to which a requirement or restriction would otherwise have
applied. Such notice shall include an explanation of the substantial
risk under paragraph (1) that permitted such waiver.

Sec. 302.  The unexpended balances of prior appropriations provided
for activities in this Act may be available to the same appropriation
accounts for such activities established pursuant to this title.
Available balances may be merged with funds in the applicable
established accounts and thereafter may be accounted for as one fund for
the same time period as originally enacted.
Sec. 303.  Funds appropriated by this or any other Act, or made
available by the transfer of funds in this Act, for intelligence
activities are deemed to be specifically authorized by the Congress for
purposes of section 504 of the National Security Act of 1947 (50 U.S.C.
414) during fiscal year 2012 until the enactment of the Intelligence
Authorization Act for fiscal year 2012.
Sec. 304. <> (a) Submission to Congress.--The
Secretary of Energy shall submit to Congress each year, at the time that
the President's budget is submitted to Congress that year under section
1105(a) of title 31, United States Code, a future-years energy program
reflecting the estimated expenditures and proposed appropriations
included in that budget. Any such future-years energy program shall
cover the fiscal year with respect to which the budget is submitted and
at least the four succeeding fiscal years. A future-years energy program
shall be included in the fiscal year 2014 budget submission to Congress
and every fiscal year thereafter.

(b) Elements.--Each future-years energy program shall contain the
following:
(1) The estimated expenditures and proposed appropriations
necessary to support programs, projects, and activities of the
Secretary of Energy during the 5-fiscal year period covered by
the program, expressed in a level of detail comparable

[[Page 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.  <> 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 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.  <> None
of the funds made available in this title may be used to make a grant
allocation, discretionary grant award, discretionary contract award, or
Other Transaction Agreement, or to issue a letter of intent, totaling in
excess of $1,000,000, or to announce publicly the intention to make such
an allocation, award, or Agreement, or to issue such a letter, including
a contract covered by the Federal Acquisition Regulation, unless the
Secretary of Energy notifies the Committees on Appropriations of the
Senate and the House of Representatives at least 3 full business days in
advance of making such an allocation, award, or Agreement, or issuing
such a letter:
Provided, <> That if the
Secretary of Energy determines that compliance with this section would
pose a substantial risk to human life, health, or safety, an allocation,
award, or Agreement may be made, or a letter may be issued, without
advance notification, and the Secretary shall notify the Committees on
Appropriations of the Senate and the House of Representatives not later
than 5 full business days after the date on which such an allocation,
award, or Agreement is made or letter issued:  Provided further, That
the notification shall include the recipient of the award, the amount of
the award, the fiscal year for which the funds for the award were
appropriated, and the account and program from which the funds are being
drawn, the title of the award, and a brief description of the activity
for which the award is made.

Sec. 312. <> (a) Any determination
(including a determination made prior to the date of enactment of this
Act) by the Secretary pursuant to section 3112(d)(2)(B) of the USEC
Privatization Act (110 Stat. 1321-335), as amended, that the sale or
transfer of uranium will not have an adverse material impact on the
domestic uranium mining, conversion, or enrichment industry shall be
valid for not more than 2 calendar years subsequent to such
determination.

(b) <> Not less than 30 days prior to
the transfer, sale, barter, distribution, or other provision of uranium
in any form for the purpose of accelerating cleanup at a Federal site,
the Secretary shall notify the House and Senate Committees on
Appropriations of the following:
(1) the amount of uranium to be transferred, sold, bartered,
distributed, or otherwise provided;

[[Page 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) <> Not later than June 30,
2012, the Secretary shall submit to the House and Senate Committees on
Appropriations a revised excess uranium inventory management plan for
fiscal years 2013 through 2018.

(d) <> Not later than December 31, 2011
the Secretary shall submit to the House and Senate Committees on
Appropriations a report evaluating the economic feasibility of re-
enriching depleted uranium located at Federal sites.

Sec. 313.  None of the funds made available by this Act may be used
to pay the salaries of Department of Energy employees to carry out
section 407 of division A of the American Recovery and Reinvestment Act
of 2009.
Sec. 314. (a) The Secretary of Energy may openly compete and issue
an award to allow a third party, on a fee-for-service basis, to operate
and maintain a metering station of the Strategic Petroleum Reserve that
is underutilized (as defined in section 102-75.50 of title 41, Code of
Federal Regulations (or successor regulations)) and related equipment.
(b) <> Not later than 30 days before
the issuance of such award, the Secretary of Energy shall certify to the
Committees on Appropriations of the House of Representatives and the
Senate that the award will not reduce the reliability or accessibility
of the Strategic Petroleum Reserve, raise costs of oil in the local
market, or negatively impact the supply of oil to current users.

(c) Funds collected under subsection (a) shall be deposited in the
general fund of the Treasury.
Sec. 315.  None of the funds made available in this Act may be
used--
(1) to implement or enforce section 430.32(x) of title 10,
Code of Federal Regulations; or
(2) to implement or enforce the standards established by the
tables contained in section 325(i)(1)(B) of the Energy Policy
and Conservation Act (42 U.S.C. 6295(i)(1)(B)) with respect to
BPAR incandescent reflector lamps, BR incandescent reflector
lamps, and ER incandescent reflector lamps.

Sec. 316.  <> Recipients of grants
awarded by the Department in excess of $1,000,000 shall certify that
they will, by the end of the fiscal year, upgrade the efficiency of
their facilities by replacing any lighting that does not meet or exceed
the energy efficiency standard for incandescent light bulbs set forth in
section 325 of the Energy Policy and Conservation Act (42 U.S.C. 6295).

[[Page 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, <> 2013:  Provided, That within 90 days of enactment of this Act,
the Defense Nuclear Facilities Safety Board shall enter into an
agreement for inspector general services with the Office of Inspector
General for the Nuclear Regulatory Commission for fiscal years 2012 and
2013:  Provided further, <> That at the expiration of
such agreement, the Defense Nuclear Facilities Safety Board shall
procure inspector general services annually thereafter.

Delta Regional Authority

salaries and expenses

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

Denali Commission

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

[[Page 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 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) <> 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 883]]

TITLE V

GENERAL PROVISIONS

Sec. 501.  <> None of the funds appropriated by
this Act may be used in any way, directly or indirectly, to influence
congressional action on any legislation or appropriation matters pending
before Congress, other than to communicate to Members of Congress as
described in 18 U.S.C. 1913.

Sec. 502.  None of the funds made available in this Act may be
transferred to any department, agency, or instrumentality of the United
States Government, except pursuant to a transfer made by, or transfer
authority provided in this Act or any other appropriation Act.
Sec. 503.  None of the funds made available under this Act may be
expended for any new hire by any Federal agency funded in this Act that
is not verified through the E-Verify Program as described in section
403(a) of the Illegal Immigration Reform and Immigrant Responsibility
Act of 1996 (8 U.S.C. 1324a note).
Sec. 504.  <> None of the funds made available by this
Act may be used to enter into a contract, memorandum of understanding,
or cooperative agreement with, make a grant to, or provide a loan or
loan guarantee to any corporation that was convicted (or had an officer
or agent of such corporation acting on behalf of the corporation
convicted) of a felony criminal violation under any Federal law within
the preceding 24 months, where the awarding agency is aware of the
conviction, unless the agency has considered suspension or debarment of
the corporation, or such officer or agent, and made a determination that
this further action is not necessary to protect the interests of the
Government.

Sec. 505.  <> None of the funds made available by this Act
may be used to enter into a contract, memorandum of understanding, or
cooperative agreement with, make a grant to, or provide a loan or loan
guarantee to, any corporation that has any unpaid Federal tax liability
that has been assessed, for which all judicial and administrative
remedies have been exhausted or have lapsed, and that is not being paid
in a timely manner pursuant to an agreement with the authority
responsible for collecting the tax liability, where the awarding agency
is aware of the unpaid tax liability, unless the agency has considered
suspension or debarment of the corporation and made a determination that
this further action is not necessary to protect the interests of the
Government.

Sec. 506.  None of the funds made available by this Act may be used
in contravention of Executive Order No. 12898 of February 11, 1994
(``Federal Actions to Address Environmental Justice in Minority
Populations and Low-Income Populations'').
This division may be cited as the ``Energy and Water Development
and Related Agencies Appropriations Act, 2012''.

[[Page 884]]

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

TITLE I

DEPARTMENT OF THE TREASURY

Departmental Offices

salaries and expenses

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

office of inspector general

salaries and expenses

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

[[Page 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 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 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 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, <> 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 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. <> 3109:  Provided, That not later than 14 days after the end
of each quarter of each fiscal year, the Internal Revenue Service shall
submit a report to the House and Senate Committees on Appropriations and
the Comptroller General of the United States detailing the cost and
schedule performance for CADE2 and Modernized e-File information
technology investments, including the purposes and life-cycle stages of
the investments; the reasons for any cost and schedule variances; the
risks of such investments and the strategies the Internal Revenue
Service is using to mitigate such risks; and the expected developmental
milestones to be achieved and costs to be incurred in the next quarter.

administrative provisions--internal revenue service

(including transfer of funds)

Sec. 101.  Not to exceed 5 percent of any appropriation made
available in this Act to the Internal Revenue Service or not to exceed 3
percent of appropriations under the heading ``Enforcement'' may be
transferred to any other Internal Revenue Service appropriation upon the
advance approval of the Committees on Appropriations.
Sec. 102.  The Internal Revenue Service shall maintain a training
program to ensure that Internal Revenue Service employees are trained in
taxpayers' rights, in dealing courteously with taxpayers, and in cross-
cultural relations.
Sec. 103.  <> The Internal
Revenue Service shall institute and enforce policies and procedures that
will safeguard the confidentiality of taxpayer information and protect
taxpayers against identity theft.

Sec. 104.  Funds made available by this or any other Act to the
Internal Revenue Service shall be available for improved facilities and
increased staffing to provide sufficient and effective 1-800 help line
service for taxpayers. The Commissioner shall continue to make the
improvement of the Internal Revenue Service 1-800 help line service a
priority and allocate resources necessary to increase phone lines and
staff to improve the Internal Revenue Service 1-800 help line service.

Administrative Provisions--Department of the Treasury

(including transfers of funds)

Sec. 105.  Appropriations to the Department of the Treasury in this
Act shall be available for uniforms or allowances therefor, as
authorized by law (5 U.S.C. 5901), including maintenance, repairs, and
cleaning; purchase of insurance for official motor vehicles operated in
foreign countries; purchase of motor vehicles without regard to the
general purchase price limitations for vehicles purchased and used
overseas for the current fiscal year; entering into contracts with the
Department of State for the furnishing of health and medical services to
employees and their dependents serving in foreign countries; and
services authorized by 5 U.S.C. 3109.

[[Page 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.  <> Of the funds available for the
purchase of law enforcement vehicles, no funds may be obligated until
the Secretary of the Treasury certifies that the purchase by the
respective Treasury bureau is consistent with departmental vehicle
management principles:  Provided, <> That
the Secretary may delegate this authority to the Assistant Secretary for
Management.

Sec. 109.  None of the funds appropriated in this Act or otherwise
available to the Department of the Treasury or the Bureau of Engraving
and Printing may be used to redesign the $1 Federal Reserve note.
Sec. 110.  The Secretary of the Treasury may transfer funds from
Financial Management Service, Salaries and Expenses to the Debt
Collection Fund as necessary to cover the costs of debt collection:
Provided, That such amounts shall be reimbursed to such salaries and
expenses account from debt collections received in the Debt Collection
Fund.
Sec. 111.  Section 122(g)(1) of Public Law 105-119 (5 U.S.C. 3104
note), is further amended by striking ``12 years'' and inserting ``14
years''.
Sec. 112.  None of the funds appropriated or otherwise made
available by this or any other Act may be used by the United States Mint
to construct or operate any museum without the explicit approval of the
Committees on Appropriations of the House of Representatives and the
Senate, the House Committee on Financial Services, and the Senate
Committee on Banking, Housing, and Urban Affairs.
Sec. 113.  None of the funds appropriated or otherwise made
available by this or any other Act or source to the Department of the
Treasury, the Bureau of Engraving and Printing, and the United States
Mint, individually or collectively, may be used to consolidate any or
all functions of the Bureau of Engraving and Printing and the United
States Mint without the explicit approval of the House Committee on
Financial Services; the Senate Committee on Banking, Housing, and Urban
Affairs; and the Committees on Appropriations of the House of
Representatives and the Senate.
Sec. 114.  Funds appropriated by this Act, or made available by the
transfer of funds in this Act, for the Department of the Treasury's
intelligence or intelligence related activities are deemed to be
specifically authorized by the Congress for purposes of section 504 of
the National Security Act of 1947 (50 U.S.C. 414) during

[[Page 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.  <> In the current fiscal year
and each fiscal year hereafter, any person who forwards to the Bureau of
Engraving and Printing a mutilated paper currency claim equal to or
exceeding $10,000 for redemption will be required to provide the Bureau
their taxpayer identification number.

Sec. 118.  Section 5318(g)(2)(A) of title 31, United States Code, is
amended--
(1) by striking clause (i) and inserting the following:
``(i) neither the financial institution,
director, officer, employee, or agent of such
institution (whether or not any such person is
still employed by the institution), nor any other
current or former director, officer, or employee
of, or contractor for, the financial institution
or other reporting person, may notify any person
involved in the transaction that the transaction
has been reported; and''; and
(2) in clause (ii)--
(A) by striking ``no officer or employee of'' and
inserting ``no current or former officer or employee of
or contractor for''; and
(B) by inserting ``or for'' before ``any State''.

Sec. 119.  Section 5319 of title 31, United States Code (relating to
availability of reports), is amended by inserting after ``title 5'' the
following: ``, and may not be disclosed under any State, local, tribal,
or territorial `freedom of information', `open government', or similar
law''.
Sec. 120.  Section 5331(a) of title 31, United States Code, is
amended--
(1) by striking paragraph (1) and inserting the following:
``(1)(A) who is engaged in a trade or business, and'';
(2) by redesignating paragraph (2) as subparagraph (B);
(3) in subparagraph (B), as so redesignated, by adding
``or'' at the end; and
(4) by inserting after subparagraph (B), as so redesignated,
the following new paragraph:
``(2) who is required to file a report under section
6050I(g) of the Internal Revenue Code of 1986,''.

Sec. 121.  <> The Secretary of the Treasury
shall submit a Capital Investment Plan to the Committees on
Appropriations of the Senate and the House of Representatives not later
than 30 days following the submission of the annual budget for the
Administration submitted by the President:  Provided, That such Capital
Investment Plan shall include capital investment spending from all
accounts within the Department of the Treasury, including but not
limited to the Department-wide Systems and Capital Investment Programs
account, the Working Capital Fund account, and the Treasury Forfeiture
Fund account:  Provided further, That such Capital Investment Plan shall
include expenditures occurring in previous fiscal

[[Page 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 <> 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 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, <> That the Executive Residence shall
ensure that a written notice of any amount owed for a reimbursable
operating expense under this paragraph is submitted to the person owing
such amount within 60 days after such expense is incurred, and that such
amount is collected within 30 days after the submission of such notice:
Provided further, <> That the
Executive Residence shall charge interest and assess penalties and other
charges on any such amount that is not reimbursed within such 30 days,
in accordance with the interest and penalty provisions applicable to an
outstanding debt on a United States Government claim under 31 U.S.C.
3717:  Provided further, That each such amount that is reimbursed, and
any accompanying interest and charges, shall be deposited in the
Treasury as miscellaneous receipts:  Provided
further, <> That the Executive Residence shall
prepare and submit to the Committees on Appropriations, by not later
than 90 days after the end of the fiscal year covered by this Act, a
report setting forth the reimbursable operating expenses of the
Executive Residence during the preceding fiscal year, including the
total amount of such expenses, the amount of such total that consists of
reimbursable official and ceremonial events, the amount of such total
that consists of reimbursable political events, and the portion of each
such amount that has been reimbursed as of the date of the report:
Provided further, <> That the Executive Residence shall
maintain a system for the tracking of expenses related to reimbursable
events within the Executive Residence that includes a standard for the
classification of any such expense as political or nonpolitical:
Provided further, That no provision of this paragraph may be construed
to exempt the Executive Residence from any other applicable requirement
of subchapter I or II of chapter 37 of title 31, United States Code.

White House Repair and Restoration

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

Council of Economic Advisers

salaries and expenses

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

[[Page 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 <> process:  Provided
further, That the Office of Management and Budget shall have not more
than 60 days in which to perform budgetary policy reviews of water
resource matters on which the Chief of Engineers has reported:  Provided
further, <> That the Director of the Office of
Management and Budget shall notify the appropriate authorizing and
appropriating committees when the 60-day review is initiated:  Provided
further, <> That if water resource reports have not
been transmitted to the appropriate authorizing and appropriating
committees within 15 days after the end of the Office of Management and
Budget review period based on the notification from the Director,
Congress shall assume Office of Management and Budget concurrence with
the report and act accordingly.

[[Page 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, <> That the Office is authorized to
accept, hold, administer, and utilize gifts, both real and personal,
public and private, without fiscal year limitation, for the purpose of
aiding or facilitating the work of the Office.

federal drug control programs

high intensity drug trafficking areas program

(including transfers of funds)

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

[[Page 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, <> 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 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.  <> From funds made
available in this Act under the headings ``The White House'',
``Executive Residence at the White House'', ``White House Repair and
Restoration'', ``Council of Economic Advisers'', ``National Security
Council and Homeland Security Council'', ``Office of Administration'',
``Special Assistance to the President'', and ``Official Residence of the
Vice President'', the Director of the Office of Management and Budget
(or such other officer as the President may designate in writing), may,
15 days after giving notice to the Committees on Appropriations of the
House of Representatives and the Senate, transfer not to exceed 10
percent of any such appropriation to any other such appropriation, to be
merged with and available for the same time and for the same purposes as
the appropriation to which transferred:  Provided, That the amount of an
appropriation shall not be increased by more than 50 percent by such
transfers:  Provided further, That no amount shall be transferred from
``Special Assistance to the President'' or ``Official Residence of the
Vice President'' without the approval of the Vice President.

Sec. 202.  <> The Director of the Office of
Management and Budget shall submit to the Committees on Appropriations
of the House and the Senate a report on the implementation of Executive
Order 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.  <> 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 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.  <> 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 899]]

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

TITLE <> III

THE JUDICIARY

Supreme Court of the United States

salaries and expenses

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

care of the building and grounds

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

United States Court of Appeals for the Federal Circuit

salaries and expenses

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

United States Court of International Trade

salaries and expenses

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

Courts of Appeals, District Courts, and Other Judicial Services

salaries and expenses

For the salaries of circuit and district judges (including judges of
the territorial courts of the United States), justices and judges
retired from office or from regular active service, judges of the United
States Court of Federal Claims, bankruptcy judges, magistrate judges,
and all other officers and employees of the Federal Judiciary not
otherwise specifically provided for, necessary expenses of the courts,
and the purchase, rental, repair, and cleaning of uniforms for Probation
and Pretrial Services Office staff, as authorized by law, $5,015,000,000
(including the purchase of firearms

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

Sec. 305.  <> In accordance with 28 U.S.C.
561-569, and notwithstanding any other provision of law, the United
States Marshals Service shall provide, for such courthouses as its
Director may designate in consultation with the Director of the
Administrative Office of the United States Courts, for purposes of a
pilot program, the security services that 40 U.S.C. 1315 authorizes the
Department of Homeland Security to provide, except for the services
specified in 40 U.S.C. 1315(b)(2)(E). <> For
building-specific security services at these courthouses, the Director
of the Administrative Office of the United States Courts shall reimburse
the United States Marshals Service rather than the Department of
Homeland Security.

Sec. 306.  Section 203(c) of the Judicial Improvements Act of 1990
(Public Law 101-650; 28 U.S.C. 133 note), is amended--
(1) in the third sentence (relating to the District of
Kansas), by striking ``20 years'' and inserting ``21 years'';
and
(2) in the seventh sentence (related to the District of
Hawaii), by striking ``17 years'' and inserting ``18 years''.

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

TITLE <> IV

DISTRICT OF COLUMBIA

Federal Funds

federal payment for resident tuition support

For a Federal payment to the District of Columbia, to be deposited
into a dedicated account, for a nationwide program to be administered by
the Mayor, for District of Columbia resident tuition support,
$30,000,000, to remain available until expended:  Provided, That such
funds, including any interest accrued thereon, may be used on behalf of
eligible District of Columbia residents to pay an amount based upon the
difference between in-State and out-of-State tuition at public
institutions of higher education, or

[[Page 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, <> That the District of Columbia
government shall maintain a dedicated account for the Resident Tuition
Support Program that shall consist of the Federal funds appropriated to
the Program in this Act and any subsequent appropriations, any
unobligated balances from prior fiscal years, and any interest earned in
this or any fiscal year:  Provided further, That the account shall be
under the control of the District of Columbia Chief Financial Officer,
who shall use those funds solely for the purposes of carrying out the
Resident Tuition Support Program:  Provided
further, <> That the Office of the Chief
Financial Officer shall provide a quarterly financial report to the
Committees on Appropriations of the House of Representatives and the
Senate for these funds showing, by object class, the expenditures made
and the purpose therefor.

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

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

federal payment to the district of columbia courts

For salaries and expenses for the District of Columbia Courts,
$232,841,000 to be allocated as follows: for the District of Columbia
Court of Appeals, $12,830,000, of which not to exceed $2,500 is for
official reception and representation expenses; for the District of
Columbia Superior Court, $114,209,000, of which not to exceed $2,500 is
for official reception and representation expenses; for the District of
Columbia Court System, $66,712,000, of which not to exceed $2,500 is for
official reception and representation expenses; and $39,090,000, to
remain available until September 30, 2013, for capital improvements for
District of Columbia courthouse facilities:  Provided, That funds made
available for capital improvements shall be expended consistent with the
District of Columbia Courts master plan study and building evaluation
report:  Provided further, That notwithstanding any other provision of
law, all amounts under this heading shall be apportioned quarterly by
the Office of Management and Budget and obligated and expended in the
same manner as funds appropriated for salaries and expenses of other
Federal <> agencies:  Provided
further, That 30 days after providing written notice to the Committees
on Appropriations of the House of Representatives and the Senate, the

[[Page 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 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, <> 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 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 <> 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 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 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.  <> Not later than 1 year after
the date of the enactment of this Act, the Comptroller General of the
United States shall conduct an analysis of the potential safety risks
associated with new and emerging consumer products, including chemicals
and other materials used in their manufacture, taking into account the
ability and authority of the Consumer Product Safety Commission--
(1) to identify, assess, and address such risks in a timely
manner; and
(2) to keep abreast of the effects of new and emerging
consumer products on public health and safety.

Sec. 504.  <> Not later than 150 days
after the date of the enactment of this Act, the Comptroller General of
the United States shall conduct an analysis of--
(1) the extent to which manufacturers comply with voluntary
industry standards for consumer products, particularly with
respect to inexpensive, imported products;
(2) whether there are consequences for such manufacturers
for failing to comply with such standards;
(3) whether the Consumer Product Safety Commission has the
authority and the ability to require compliance with such
standards; and
(4) whether there are patterns of non-compliance with such
standards among certain types of products or certain types of
manufacturers.

Election Assistance Commission

salaries and expenses

(including transfer of funds)

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

Federal Communications Commission

salaries and expenses

For necessary expenses of the Federal Communications Commission, as
authorized by law, including uniforms and allowances therefor, as
authorized by 5 U.S.C. 5901-5902; not to exceed $4,000 for official
reception and representation expenses; purchase and hire of motor
vehicles; special counsel fees; and services as

[[Page 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 <> 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 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 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, <> That the General
Services Administration shall submit a detailed plan, by project,
regarding the use of funds to the Committees on Appropriations of the
House of Representatives and the Senate within 30 days of enactment of
this section and will provide notification to the Committees within 15
days prior to any changes regarding the use of these funds; (2)
$280,000,000 shall remain available until expended for repairs and
alterations, which includes associated design and construction services,
of which $260,000,000 is for Basic Repairs and Alterations and
$20,000,000 is for a Judiciary Capital Security <> program:  Provided further, That funds made available in
this or any previous Act in the Federal Buildings Fund for Repairs and
Alterations shall, for prospectus projects, be limited to the amount
identified for each project, except each project in this or any previous
Act may be increased by an amount not to exceed 10 percent unless
advance approval is obtained from the Committees on Appropriations of a
greater amount:  Provided further, <> That
additional projects for which prospectuses have been fully approved may
be funded under this category only if advance approval is obtained from
the Committees on Appropriations:  Provided further, That the amounts
provided in this or any prior Act for ``Repairs and Alterations'' may be
used to fund costs associated with implementing security improvements to
buildings necessary to meet the minimum standards for security in
accordance with current law and in compliance with the reprogramming
guidelines of the appropriate Committees of the House and Senate:
Provided further, That the difference

[[Page 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 <> 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 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, <> 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 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, <> That any
proposed transfers shall be approved in advance to the Committees on
Appropriations of the House of Representatives and the Senate.

Sec. 522.  Except as otherwise provided in this title, funds made
available by this Act shall be used to transmit a fiscal year 2013
request for United States Courthouse construction only if the request:
(1) meets the design guide standards for construction as established and
approved by the General Services Administration, the Judicial Conference
of the United States, and the Office of Management and Budget; (2)
reflects the priorities of the Judicial Conference of the United States
as set out in its approved 5-year construction plan; and (3) includes a
standardized courtroom utilization study of each facility to be
constructed, replaced, or expanded.
Sec. 523.  None of the funds provided in this Act may be used to
increase the amount of occupiable square feet, provide cleaning
services, security enhancements, or any other service usually provided
through the Federal Buildings Fund, to any agency that does not pay the
rate per square foot assessment for space and services as determined by
the General Services Administration in consideration of the Public
Buildings Amendments Act of 1972 (Public Law 92-313).
Sec. 524.  From funds made available under the heading ``Federal
Buildings Fund, Limitations on Availability of Revenue'', claims against
the Government of less than $250,000 arising from direct construction
projects and acquisition of buildings may be liquidated from savings
effected in other construction projects with prior notification to the
Committees on Appropriations of the House of Representatives and the
Senate.
Sec. 525.  <> In any case in which the Committee on Transportation and
Infrastructure of the House of Representatives and the Committee on
Environment and Public Works of the Senate adopt a resolution granting
lease authority pursuant to a prospectus transmitted to Congress by the
Administrator of the General Services Administration under 40 U.S.C.
3307, the Administrator shall ensure that the delineated area of
procurement is identical to the delineated area included in the
prospectus for all lease agreements, except that, if the Administrator
determines that the delineated area of the procurement should not be
identical to the delineated area included in the prospectus, the
Administrator shall provide an explanatory statement to each of such
committees and the Committees on Appropriations of the House of
Representatives and the Senate prior to exercising any lease authority
provided in the resolution.

Sec. 526.  Section 1703 of title 41 U.S.C. is amended in paragraph
(i)(6) by:
(1) deleting ``for training''; and

[[Page 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.  <> 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 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 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 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 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, <> 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 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, <> 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 921]]

deems such action to be necessary in the interest of national defense:
Provided further, <> That none of the funds
appropriated by this Act may be expended for or in connection with the
induction of any person into the Armed Forces of the United States.

Small Business Administration

salaries and expenses

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

office of inspector general

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

office of advocacy

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

business loans program account

(including transfer of funds)

For the cost of direct loans, $3,678,000, to remain available until
expended, and for the cost of guaranteed loans as authorized

[[Page 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 923]]

Sec. 532.  <> 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, <> 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 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.  <> 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 925]]

activities unless prior approval is received from the Committees on
Appropriations of the House of Representatives and the Senate:
Provided, <> That prior to any significant
reorganization or restructuring of offices, programs, or activities,
each agency or entity funded in this Act shall consult with the
Committees on Appropriations of the House of Representatives and
the <> Senate:  Provided further, That not
later than 60 days after the date of enactment of this Act, each agency
funded by this Act shall submit a report to the Committees on
Appropriations of the House of Representatives and the Senate to
establish the baseline for application of reprogramming and transfer
authorities for the current fiscal year:  Provided
further, <> That at a minimum the report shall include:
(1) a table for each appropriation with a separate column to display the
President's budget request, adjustments made by Congress, adjustments
due to enacted rescissions, if appropriate, and the fiscal year enacted
level; (2) a delineation in the table for each appropriation both by
object class and program, project, and activity as detailed in the
budget appendix for the respective appropriation; and (3) an
identification of items of special congressional interest:  Provided
further, <> That the amount appropriated or limited for
salaries and expenses for an agency shall be reduced by $100,000 per day
for each day after the required date that the report has not been
submitted to the Congress.

Sec. 609.  Except as otherwise specifically provided by law, not to
exceed 50 percent of unobligated balances remaining available at the end
of fiscal year 2012 from appropriations made available for salaries and
expenses for fiscal year 2012 in this Act, shall remain available
through September 30, 2013, for each such account for the purposes
authorized:  Provided, <> That a request
shall be submitted to the Committees on Appropriations of the House of
Representatives and the Senate for approval prior to the expenditure of
such funds:  Provided further, That these requests shall be made in
compliance with reprogramming guidelines.

Sec. 610.  <> None of the funds made
available in this Act may be used by the Executive Office of the
President to request from the Federal Bureau of Investigation any
official background investigation report on any individual, except
when--
(1) such individual has given his or her express written
consent for such request not more than 6 months prior to the
date of such request and during the same presidential
administration; or
(2) such request is required due to extraordinary
circumstances involving national security.

Sec. 611.  The cost accounting standards promulgated under chapter
15 of title 41, United States Code shall not apply with respect to a
contract under the Federal Employees Health Benefits Program established
under chapter 89 of title 5, United States Code.
Sec. 612.  For the purpose of resolving litigation and implementing
any settlement agreements regarding the nonforeign area cost-of-living
allowance program, the Office of Personnel Management may accept and
utilize (without regard to any restriction on unanticipated travel
expenses imposed in an Appropriations Act) funds made available to the
Office of Personnel Management pursuant to court approval.
Sec. 613.  <> No funds appropriated by this Act
shall be available to pay for an abortion, or the administrative
expenses in connection

[[Page 926]]

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

Sec. 614.  <> The provision of section 613 shall
not apply where the life of the mother would be endangered if the fetus
were carried to term, or the pregnancy is the result of an act of rape
or incest.

Sec. 615.  In order to promote Government access to commercial
information technology, the restriction on purchasing nondomestic
articles, materials, and supplies set forth in chapter 83 of title 41,
United States Code (popularly known as the Buy American Act), shall not
apply to the acquisition by the Federal Government of information
technology (as defined in section 11101 of title 40, United States
Code), that is a commercial item (as defined in section 103 of title 41,
United States Code).
Sec. 616.  Notwithstanding section 1353 of title 31, United States
Code, no officer or employee of any regulatory agency or commission
funded by this Act may accept on behalf of that agency, nor may such
agency or commission accept, payment or reimbursement from a non-Federal
entity for travel, subsistence, or related expenses for the purpose of
enabling an officer or employee to attend and participate in any meeting
or similar function relating to the official duties of the officer or
employee when the entity offering payment or reimbursement is a person
or entity subject to regulation by such agency or commission, or
represents a person or entity subject to regulation by such agency or
commission, unless the person or entity is an organization described in
section 501(c)(3) of the Internal Revenue Code of 1986 and exempt from
tax under section 501(a) of such Code.
Sec. 617.  The Public Company Accounting Oversight Board shall have
authority to obligate funds for the scholarship program established by
section 109(c)(2) of the Sarbanes-Oxley Act of 2002 (Public Law 107-204)
in an aggregate amount not exceeding the amount of funds collected by
the Board as of December 31, 2011, including accrued interest, as a
result of the assessment of monetary penalties. Funds available for
obligation in fiscal year 2012 shall remain available until expended.
Sec. 618.  From the unobligated balances of prior year
appropriations made available for the Privacy and Civil Liberties
Oversight Board, $998,000 are rescinded.
Sec. 619.  Section 1107 of title 31, United States Code, is amended
by adding to the end thereof the following: ``The President shall
transmit promptly to Congress without change, proposed deficiency and
supplemental appropriations submitted to the President by the
legislative branch and the judicial branch.''.
Sec. 620.  Notwithstanding section 708 of this Act, funds made
available to the Commodity Futures Trading Commission and the Securities
and Exchange Commission by this or any other Act may be used for the
interagency funding and sponsorship of a joint advisory committee to
advise on emerging regulatory issues.
Sec. 621.  <> For purposes of
Public Law 109-285, the period described in section 5134(f)(1)(B) of
title 31, United States Code, shall be treated as a 2-year, 9-month
period.

Sec. 622.  The Help America Vote Act of 2002 (Public Law 107-252) is
amended by--
(1) inserting in section 255(b) (42 U.S.C. 15405) ``posted
on the Commission's website with a notice'' after ``cause to
have the plan'';

[[Page 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.  <> The Department of the
Treasury, the Executive Office of the President, the Judiciary, the
Federal Communications Commission, the Federal Trade Commission, the
General Services Administration, the National Archives and Records
Administration, the Securities and Exchange Commission, and the Small
Business Administration shall provide the Committees on Appropriations
of the House and the Senate a quarterly accounting of the cumulative
balances of any unobligated funds that were received by such agency
during any previous fiscal year.

Sec. 625. <> (a)(1) Notwithstanding
any other provision of law, an Executive agency covered by this Act
otherwise authorized to enter into contracts for either leases or the
construction or alteration of real property for office, meeting,
storage, or other space must consult with the General Services
Administration before issuing a solicitation for offers of new leases or
construction contracts, and in the case of succeeding leases, before
entering into negotiations with the current lessor.

(2) Any such agency with authority to enter into an emergency lease
may do so during any period declared by the President to require
emergency leasing authority with respect to such agency.
(b) <> For purposes of this section, the term
``Executive agency covered by this Act'' means any Executive agency
provided funds by this Act, but does not include the General Services
Administration or the United States Postal Service.

Sec. 626.  None of the funds made available in this Act may be used
by the Federal Trade Commission to complete the draft report entitled
``Interagency Working Group on Food Marketed to Children: Preliminary
Proposed Nutrition Principles to Guide Industry Self-Regulatory
Efforts'' unless the Interagency Working Group on Food Marketed to
Children complies with Executive Order 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.  <> 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 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.  <> None of the funds
made available by this Act may be used to enter into a contract,
memorandum of understanding, or cooperative agreement with, make a grant
to, or provide a loan or loan guarantee to, any corporation with respect
to which any unpaid Federal tax liability has been assessed, for which
all judicial and administrative remedies have been exhausted or have
lapsed, and that is not being paid in a timely manner pursuant to an
agreement with the authority responsible for collecting the tax
liability, where the awarding agency is aware of the unpaid tax
liability, unless the agency has considered suspension or debarment of
the corporation and made a determination that this further action is not
necessary to protect the interests of the Government.

Sec. 631.  <> None of the
funds made available by this Act may be used to enter into a contract,
memorandum of understanding, or cooperative agreement with, make a grant
to, or provide a loan or loan guarantee to, any corporation that was
convicted or had an officer or agent of such corporation acting on
behalf of the corporation convicted of a felony criminal violation under
any Federal law within the preceding 24 months, where the awarding
agency is aware of the conviction, unless the agency has considered
suspension or debarment of the corporation, or such officer or agent and
made a determination that this further action is not necessary to
protect the interests of the Government.

Sec. 632.  Section 8909a(d)(3)(A)(v) of title 5, United States Code,
is amended by striking the date specified in such section and inserting
``August 1, 2012''.

TITLE VII

GENERAL PROVISIONS--GOVERNMENT-WIDE

Departments, Agencies, and Corporations

Sec. 701.  <> No department, agency, or
instrumentality of the United States receiving appropriated funds under
this or any other Act for fiscal year 2012 shall obligate or expend any
such funds, unless such department, agency, or instrumentality has in
place, and will continue to administer in good faith, a written policy
designed to ensure that all of its workplaces are free from the illegal
use, possession, or distribution of controlled substances (as defined in
the Controlled Substances Act (21 U.S.C. 802)) by the officers and
employees of such department, agency, or instrumentality.

Sec. 702.  <> Unless otherwise specifically
provided, the maximum amount allowable during the current fiscal year in
accordance with subsection 1343(c) of title 31, United States Code, for
the purchase of any passenger motor vehicle (exclusive of buses,
ambulances, law enforcement, and undercover surveillance vehicles), is
hereby fixed at $13,197 except station wagons for which the maximum
shall be $13,631:  Provided, That these limits may be exceeded

[[Page 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.  <> Unless otherwise specified
during the current fiscal year, no part of any appropriation contained
in this or any other Act shall be used to pay the compensation of any
officer or employee of the Government of the United States (including
any agency the majority of the stock of which is owned by the Government
of the United States) whose post of duty is in the continental United
States unless such person: (1) is a citizen of the United States; (2) is
a person who is lawfully admitted for permanent residence and is seeking
citizenship as outlined in 8 U.S.C. 1324b(a)(3)(B); (3) is a person who
is admitted as a refugee under 8 U.S.C. 1157 or is granted asylum under
8 U.S.C. 1158 and has filed a declaration of intention to become a
lawful permanent resident and then a citizen when eligible; or (4) is a
person who owes allegiance to the United States:
Provided, <> That for purposes of this section,
affidavits signed by any such person shall be considered prima facie
evidence that the requirements of this section with respect to his or
her status are being complied with:  Provided further, That for purposes
of subsections (2) and (3) such affidavits shall be submitted prior to
employment and updated thereafter as necessary:  Provided
further, <> That any person making a false affidavit
shall be guilty of a felony, and upon conviction, shall be fined no more
than $4,000 or imprisoned for not more than 1 year, or both:  Provided
further, That the above penal clause shall be in addition to, and not in
substitution for, any other provisions of existing law:  Provided
further, That any payment made to any officer or employee contrary to
the provisions of this section shall be recoverable in action by the
Federal Government:  Provided further, That this section shall not apply
to any person who is an officer or employee of the Government of the
United States on the date of enactment of this Act, or to international
broadcasters employed by the Broadcasting Board of Governors, or to
temporary employment of translators, or to temporary employment in the
field service (not to exceed 60 days) as a result of emergencies:
Provided further, <> That this section does not
apply to the employment as Wildland firefighters for not more than 120
days of nonresident aliens employed by the Department of the Interior or
the USDA Forest Service pursuant to an agreement with another country.

[[Page 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.  <> Funds made available by this or
any other Act for administrative expenses in the current fiscal year of
the corporations and agencies subject to chapter 91 of title 31, United
States Code, shall be available, in addition to objects for which such
funds are otherwise available, for rent in the District of Columbia;
services in accordance with 5 U.S.C. 3109; and the objects specified
under this head, all the provisions of which shall be applicable to the
expenditure of such funds unless otherwise specified in the Act by which
they are made available:  Provided, That in the event any functions
budgeted as administrative expenses are subsequently transferred to or
paid from other funds, the limitations on administrative expenses shall
be correspondingly reduced.

Sec. 708.  No part of any appropriation contained in this or any
other Act shall be available for interagency financing of boards (except
Federal Executive Boards), commissions, councils, committees, or similar
groups (whether or not they are interagency entities) which do not have
a prior and specific statutory approval to receive financial support
from more than one agency or instrumentality.
Sec. 709.  None of the funds made available pursuant to the
provisions of this Act shall be used to implement, administer, or
enforce any regulation which has been disapproved pursuant to a joint
resolution duly adopted in accordance with the applicable law of the
United States.
Sec. 710.  <> During the period in which the
head of any department or agency, or any other officer or civilian
employee of the Federal Government appointed by the President of the
United States, holds office, no funds may be obligated or expended in
excess of $5,000 to furnish or redecorate the office of such department
head, agency head, officer, or employee, or to purchase furniture or
make improvements for any such office, unless advance notice of such
furnishing or redecoration is transmitted to the Committees on
Appropriations of the House of Representatives and

[[Page 931]]

the Senate. <> For the purposes of this section, the
term ``office'' shall include the entire suite of offices assigned to
the individual, as well as any other space used primarily by the
individual or the use of which is directly controlled by the individual.

Sec. 711.  Notwithstanding section 31 U.S.C. 1346, or section 708 of
this Act, funds made available for the current fiscal year by this or
any other Act shall be available for the interagency funding of national
security and emergency preparedness telecommunications initiatives which
benefit multiple Federal departments, agencies, or entities, as provided
by Executive Order No. 12472 (April 3, 1984).
Sec. 712. (a) None of the funds appropriated by this or any other
Act may be obligated or expended by any Federal department, agency, or
other instrumentality for the salaries or expenses of any employee
appointed to a position of a confidential or policy-determining
character excepted from the competitive service pursuant to 5 U.S.C.
3302, without a certification to the Office of Personnel Management from
the head of the Federal department, agency, or other instrumentality
employing the Schedule C appointee that the Schedule C position was not
created solely or primarily in order to detail the employee to the White
House.
(b) The provisions of this section shall not apply to Federal
employees or members of the armed forces detailed to or from--
(1) the Central Intelligence Agency;
(2) the National Security Agency;
(3) the Defense Intelligence Agency;
(4) the National Geospatial-Intelligence Agency;
(5) the offices within the Department of Defense for the
collection of specialized national foreign intelligence through
reconnaissance programs;
(6) the Bureau of Intelligence and Research of the
Department of State;
(7) any agency, office, or unit of the Army, Navy, Air
Force, or Marine Corps, the Department of Homeland Security, the
Federal Bureau of Investigation or the Drug Enforcement
Administration of the Department of Justice, the Department of
Transportation, the Department of the Treasury, or the
Department of Energy performing intelligence functions; or
(8) the Director of National Intelligence or the Office of
the Director of National Intelligence.

Sec. 713.  No part of any appropriation contained in this or any
other Act shall be available for the payment of the salary of any
officer or employee of the Federal Government, who--
(1) prohibits or prevents, or attempts or threatens to
prohibit or prevent, any other officer or employee of the
Federal Government from having any direct oral or written
communication or contact with any Member, committee, or
subcommittee of the Congress in connection with any matter
pertaining to the employment of such other officer or employee
or pertaining to the department or agency of such other officer
or employee in any way, irrespective of whether such
communication or contact is at the initiative of such other
officer or employee or in response to the request or inquiry of
such Member, committee, or subcommittee; or

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

[[Page 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) <> Effective 180 days after enactment of
this Act, subsection (a) is amended by--
(1) striking ``Executive Order No. 12958'' and inserting
``Executive Order No. 13526 (75 Fed. Reg. 707), or any successor
thereto'';
(2) after ``the Intelligence Identities Protection Act of
1982 (50 U.S.C. 421 et seq.) (governing disclosures that could
expose confidential Government agents);'' inserting ``sections
7(c) and 8H of the Inspector General Act of 1978 (5 U.S.C. App.)
(relating to disclosures to an inspector general, the inspectors
general of the Intelligence Community, and Congress); section
103H(g)(3) of the National Security Act of 1947 (50 U.S.C. 403-
3h(g)(3) (relating to disclosures to the inspector general of
the Intelligence Community); sections 17(d)(5) and 17(e)(3) of
the Central Intelligence Agency Act of 1949 (50 U.S.C.
403q(d)(5) and 403q(e)(3)) (relating to disclosures to the
Inspector General of the Central Intelligence Agency and
Congress);''; and
(3) after ``Subversive Activities'' inserting ``Control''.

(c) A nondisclosure agreement entered into before the effective date
of the amendment in subsection (b) may continue to be implemented and
enforced after that effective date if it complies with the requirements
of subsection (a) that were in effect prior to the effective date of the
amendment in subsection (b).
Sec. 716.  <> No part of any funds appropriated in
this or any other Act shall be used by an agency of the executive
branch, other than for normal and recognized executive-legislative
relationships, for publicity or propaganda purposes, and for the
preparation, distribution or use of any kit, pamphlet, booklet,
publication, radio, television, or film presentation designed to support
or defeat legislation pending before the Congress, except in
presentation to the Congress itself.

Sec. 717.  None of the funds appropriated by this or any other Act
may be used by an agency to provide a Federal employee's home address to
any labor organization except when the employee has authorized such
disclosure or when such disclosure has been ordered by a court of
competent jurisdiction.
Sec. 718.  None of the funds made available in this Act or any other
Act may be used to provide any non-public information such as mailing or
telephone lists to any person or any organization outside of the Federal
Government without the approval of the Committees on Appropriations of
the House of Representatives and the Senate.
Sec. 719.  No part of any appropriation contained in this or any
other Act shall be used directly or indirectly, including by

[[Page 934]]

private contractor, for publicity or propaganda purposes within the
United States not heretofore authorized by the Congress.
Sec. 720. (a) <> In this section, the term
``agency''--
(1) means an Executive agency, as defined under 5 U.S.C.
105; and
(2) includes a military department, as defined under section
102 of such title, the Postal Service, and the Postal Regulatory
Commission.

(b) Unless authorized in accordance with law or regulations to use
such time for other purposes, an employee of an agency shall use
official time in an honest effort to perform official duties. An
employee not under a leave system, including a Presidential appointee
exempted under 5 U.S.C. 6301(2), has an obligation to expend an honest
effort and a reasonable proportion of such employee's time in the
performance of official duties.
Sec. 721.  Notwithstanding 31 U.S.C. 1346 and section 708 of this
Act, funds made available for the current fiscal year by this or any
other Act to any department or agency, which is a member of the Federal
Accounting Standards Advisory Board (FASAB), shall be available to
finance an appropriate share of FASAB administrative costs.

(transfer of funds)

Sec. 722.  Notwithstanding 31 U.S.C. 1346 and section 708 of this
Act, the head of each Executive department and agency is hereby
authorized to transfer to or reimburse ``General Services
Administration, Government-wide Policy'' with the approval of the
Director of the Office of Management and Budget, funds made available
for the current fiscal year by this or any other Act, including rebates
from charge card and other contracts:  Provided, That these funds shall
be administered by the Administrator of General Services to support
Government-wide and other multi-agency financial, information
technology, procurement, and other management innovations, initiatives,
and activities, as approved by the Director of the Office of Management
and Budget, in consultation with the appropriate interagency and multi-
agency groups designated by the Director (including the President's
Management Council for overall management improvement initiatives, the
Chief Financial Officers Council for financial management initiatives,
the Chief Information Officers Council for information technology
initiatives, the Chief Human Capital Officers Council for human capital
initiatives, the Chief Acquisition Officers Council for procurement
initiatives, and the Performance Improvement Council for performance
improvement initiatives):  Provided further, That the total funds
transferred or reimbursed shall not exceed $17,000,000 for Government-
Wide innovations, initiatives, and activities:  Provided further, That
the funds transferred to or for reimbursement of ``General Services
Administration, Government-wide Policy'' during fiscal year 2012 shall
remain available for obligation through September 30, 2013:  Provided
further, <> That such transfers or
reimbursements may only be made after 15 days following notification of
the Committees on Appropriations by the Director of the Office of
Management and Budget.

Sec. 723.  <> Notwithstanding any other
provision of law, a woman may breastfeed her child at any location in a
Federal building

[[Page 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, <> That the
Office of Management and Budget shall provide a report describing the
budget of and resources connected with the National Science and
Technology Council to the Committees on Appropriations, the House
Committee on Science and Technology, and the Senate Committee on
Commerce, Science, and Transportation 90 days after enactment of this
Act.

Sec. 725.  Any request for proposals, solicitation, grant
application, form, notification, press release, or other publications
involving the distribution of Federal funds shall indicate the agency
providing the funds, the Catalog of Federal Domestic Assistance Number,
as applicable, and the amount provided:
Provided, <> That this provision shall apply to
direct payments, formula funds, and grants received by a State receiving
Federal funds.

Sec. 726. (a) Prohibition of Federal Agency Monitoring of
Individuals' Internet Use.--None of the funds made available in this or
any other Act may be used by any Federal agency--
(1) to collect, review, or create any aggregation of data,
derived from any means, that includes any personally
identifiable information relating to an individual's access to
or use of any Federal Government Internet site of the agency; or
(2) to enter into any agreement with a third party
(including another government agency) to collect, review, or
obtain any aggregation of data, derived from any means, that
includes any personally identifiable information relating to an
individual's access to or use of any nongovernmental Internet
site.

(b) Exceptions.--The limitations established in subsection (a) shall
not apply to--
(1) any record of aggregate data that does not identify
particular persons;
(2) any voluntary submission of personally identifiable
information;
(3) any action taken for law enforcement, regulatory, or
supervisory purposes, in accordance with applicable law; or
(4) any action described in subsection (a)(1) that is a
system security action taken by the operator of an Internet site
and is necessarily incident to providing the Internet site
services or to protecting the rights or property of the provider
of the Internet site.

(c) Definitions.--For the purposes of this section:
(1) The term ``regulatory'' means agency actions to
implement, interpret or enforce authorities provided in law.
(2) The term ``supervisory'' means examinations of the
agency's supervised institutions, including assessing safety and
soundness, overall financial condition, management practices and
policies and compliance with applicable standards as provided in
law.

[[Page 936]]

Sec. 727. (a) <> None of the funds
appropriated by this Act may be used to enter into or renew a contract
which includes a provision providing prescription drug coverage, except
where the contract also includes a provision for contraceptive coverage.

(b) Nothing in this section shall apply to a contract with--
(1) any of the following religious plans:
(A) Personal Care's HMO; and
(B) OSF HealthPlans, Inc.; and
(2) any existing or future plan, if the carrier for the plan
objects to such coverage on the basis of religious beliefs.

(c) In implementing this section, any plan that enters into or
renews a contract under this section may not subject any individual to
discrimination on the basis that the individual refuses to prescribe or
otherwise provide for contraceptives because such activities would be
contrary to the individual's religious beliefs or moral convictions.
(d) <> Nothing in this section shall be construed
to require coverage of abortion or abortion-related services.

Sec. 728.  <> The United States
is committed to ensuring the health of its Olympic, Pan American, and
Paralympic athletes, and supports the strict adherence to anti-doping in
sport through testing, adjudication, education, and research as
performed by nationally recognized oversight authorities.

Sec. 729.  Notwithstanding any other provision of law, funds
appropriated for official travel by Federal departments and agencies may
be used by such departments and agencies, if consistent with Office of
Management and Budget Circular A-126 regarding official travel for
Government personnel, to participate in the fractional aircraft
ownership pilot program.
Sec. 730.  Notwithstanding any other provision of law, none of the
funds appropriated or made available under this Act or any other
appropriations Act may be used to implement or enforce restrictions or
limitations on the Coast Guard Congressional Fellowship Program, or to
implement the proposed regulations of the Office of Personnel Management
to add sections 300.311 through 300.316 to part 300 of title 5 of the
Code of Federal Regulations, published in the Federal Register, volume
68, number 174, on September 9, 2003 (relating to the detail of
executive branch employees to the legislative branch).
Sec. 731.  Notwithstanding any other provision of law, no executive
branch agency shall purchase, construct, and/or lease any additional
facilities, except within or contiguous to existing locations, to be
used for the purpose of conducting Federal law enforcement training
without the advance approval of the Committees on Appropriations of the
House of Representatives and the Senate, except that the Federal Law
Enforcement Training Center is authorized to obtain the temporary use of
additional facilities by lease, contract, or other agreement for
training which cannot be accommodated in existing Center facilities.
Sec. 732. (a) <> For fiscal year 2012,
no funds shall be available for transfers or reimbursements to the E-
Government initiatives sponsored by the Office of Management and Budget
prior to 15 days following submission of a report to the Committees on
Appropriations of the House of Representatives and the Senate by the
Director of the Office of Management and Budget and receipt of approval
to transfer funds by the Committees on Appropriations of the House of
Representatives and the Senate.

[[Page 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.  <> None of the funds appropriated or
otherwise made available by this or any other Act may be used to begin
or announce a study or public-private competition regarding the
conversion to contractor performance of any function performed by
Federal employees pursuant to Office of Management and Budget Circular
A-76 or any other administrative regulation, directive, or policy.

Sec. 734.  <> Unless otherwise authorized by
existing law, none of the funds provided in this Act or any other Act
may be used by an executive branch agency to produce any prepackaged
news story intended for broadcast or distribution in the United States,
unless the story includes a clear notification within the text or audio
of the prepackaged news story that the prepackaged news story was
prepared or funded by that executive branch agency.

Sec. 735.  None of the funds made available in this Act may be used
in contravention of section 552a of title 5, United States Code
(popularly known as the Privacy Act) and regulations implementing that
section.
Sec. 736.  <> Each
executive department and agency shall evaluate the creditworthiness of
an individual before issuing the individual a government travel charge
card. Such evaluations for individually billed travel charge cards shall
include an assessment of the individual's consumer report from a
consumer reporting agency as those terms are defined in section 603 of
the Fair Credit Reporting Act (Public Law 91-508):  Provided, That the
department or agency may not issue a government travel charge card to an
individual that either lacks a credit history or is found to have an
unsatisfactory credit history as a result of this evaluation:  Provided
further, That this restriction shall not preclude issuance of a
restricted-use charge, debit, or stored value card made in accordance
with agency procedures to: (1) an individual with an unsatisfactory
credit history where such card is used to pay travel expenses and the
agency determines there is no suitable alternative payment mechanism
available before issuing the card; or (2) an individual who lacks a
credit history. <> Each executive
department and agency shall establish guidelines and procedures for
disciplinary actions to be taken against agency personnel for improper,
fraudulent, or abusive use of government charge cards, which shall
include appropriate disciplinary actions for use of charge cards for
purposes, and at

[[Page 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 <> later than 45 days after
submission of the budget of the President to Congress, the Director of
the Office of Management and Budget, in coordination with the Governor
of each Great Lakes State and the Great Lakes Interagency Task Force,
shall submit to the appropriate authorizing and appropriating committees
of the Senate and the House of Representatives a financial report,
certified by the Secretary of each agency that has budget authority for
Great Lakes restoration activities, containing--
(1) an interagency budget crosscut report that--
(A) displays the budget proposed, including any
planned interagency or intra-agency transfer, for each
of the Federal agencies that carries out Great Lakes
restoration activities in the upcoming fiscal year,
separately reporting the amount of funding to be
provided under existing laws pertaining to the Great
Lakes ecosystem; and
(B) identifies all expenditures since fiscal year
2004 by the Federal Government and State governments for
Great Lakes restoration activities;
(2) a detailed accounting of all funds received and
obligated by all Federal agencies and, to the extent available,
State agencies using Federal funds, for Great Lakes restoration
activities during the current and previous fiscal years;
(3) a budget for the proposed projects (including a
description of the project, authorization level, and project
status) to be carried out in the upcoming fiscal year with the
Federal portion of funds for activities; and
(4) a listing of all projects to be undertaken in the
upcoming fiscal year with the Federal portion of funds for
activities.

Sec. 738. (a) In General.--None <> of the funds
appropriated or otherwise made available by this or any other Act may be
used for any Federal Government contract with any foreign incorporated
entity which is treated as an inverted domestic corporation under
section 835(b) of the Homeland Security Act of 2002 (6 U.S.C. 395(b)) or
any subsidiary of such an entity.

(b) Waivers.--
(1) In general.--Any <> Secretary
shall waive subsection (a) with respect to any Federal
Government contract under the authority of such Secretary if the
Secretary determines that the waiver is required in the interest
of national security.
(2) Report to congress.--Any Secretary issuing a waiver
under paragraph (1) shall report such issuance to Congress.

[[Page 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) <> 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 940]]

transfer not to exceed $10,000,000 under such heading for salaries and
expenses of such Commission:  Provided, <> That any
transfer pursuant to this section shall be subject to the notification
procedures set forth in section 730 of such Act with respect to a
reprogramming of funds and shall not be available for obligation or
expenditure except in compliance with such procedures.

TITLE VIII

GENERAL PROVISIONS--DISTRICT OF COLUMBIA

(including transfer of funds)

Sec. 801.  There are appropriated from the applicable funds of the
District of Columbia such sums as may be necessary for making refunds
and for the payment of legal settlements or judgments that have been
entered against the District of Columbia government.
Sec. 802.  <> None of the Federal funds provided in
this Act shall be used for publicity or propaganda purposes or
implementation of any policy including boycott designed to support or
defeat legislation pending before Congress or any State legislature.

Sec. 803. <> (a) None of the
Federal funds provided under this Act to the agencies funded by this
Act, both Federal and District government agencies, that remain
available for obligation or expenditure in fiscal year 2012, or provided
from any accounts in the Treasury of the United States derived by the
collection of fees available to the agencies funded by this Act, shall
be available for obligation or expenditures for an agency through a
reprogramming of funds which--
(1) creates new programs;
(2) eliminates a program, project, or responsibility center;
(3) establishes or changes allocations specifically denied,
limited or increased under this Act;
(4) increases funds or personnel by any means for any
program, project, or responsibility center for which funds have
been denied or restricted;
(5) re-establishes any program or project previously
deferred through reprogramming;
(6) augments any existing program, project, or
responsibility center through a reprogramming of funds in excess
of $3,000,000 or 10 percent, whichever is less; or
(7) increases by 20 percent or more personnel assigned to a
specific program, project or responsibility center,

unless the Committees on Appropriations of the House of Representatives
and the Senate are notified in writing 15 days in advance of the
reprogramming.
(b) The District of Columbia government is authorized to approve and
execute reprogramming and transfer requests of local funds under this
title through November 1, 2012.
Sec. 804.  None of the Federal funds provided in this Act may be
used by the District of Columbia to provide for salaries, expenses, or
other costs associated with the offices of United States Senator or
United States Representative under section 4(d) of the District of
Columbia Statehood Constitutional Convention Initiatives of 1979 (D.C.
Law 3-171; D.C. Official Code, sec. 1-123).

[[Page 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. <> (a) None of the Federal funds
contained in this Act may be used by the District of Columbia Attorney
General or any other officer or entity of the District government to
provide assistance for any petition drive or civil action which seeks to
require Congress to provide for voting representation in Congress for
the District of Columbia.

(b) Nothing in this section bars the District of Columbia Attorney
General from reviewing or commenting on briefs in private lawsuits, or
from consulting with officials of the District government regarding such
lawsuits.
Sec. 807.  <> None of the Federal funds
contained in this Act may be used to distribute any needle or syringe
for the purpose of preventing the spread of blood borne pathogens in any
location that has been determined by the local public health or local
law enforcement authorities to be inappropriate for such distribution.

Sec. 808.  <> Nothing
in this Act may be construed to prevent the Council or Mayor of the
District of Columbia from addressing the issue of the provision of
contraceptive coverage by health insurance plans, but it is the intent
of Congress that any legislation enacted on such issue should include a
``conscience clause'' which provides exceptions for religious beliefs
and moral convictions.

Sec. 809.  <> Hereafter, as part of the
submission of the annual budget justification, the Mayor of the District
of Columbia shall submit to the Committees on Appropriations of the
House of Representatives and the Senate, the Committee on Oversight and
Government Reform of the House of Representatives, and the Committee on
Homeland Security and Governmental Affairs of the Senate a report
addressing--
(1) crime, including the homicide rate, implementation of
community policing, and the number of police officers on local
beats;
(2) access to substance and alcohol abuse treatment,
including the number of treatment slots, the number of people

[[Page 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.  <> None of the
Federal funds contained in this Act may be used to enact or carry out
any law, rule, or regulation to legalize or otherwise reduce penalties
associated with the possession, use, or distribution of any schedule I
substance under the Controlled Substances Act (21 U.S.C. 801 et seq.) or
any tetrahydrocannabinols derivative.

Sec. 811.  <> None of the funds appropriated under
this Act shall be expended for any abortion except where the life of the
mother would be endangered if the fetus were carried to term or where
the pregnancy is the result of an act of rape or incest.

Sec. 812. (a) <> No later than 30
calendar days after the date of the enactment of this Act, the Chief
Financial Officer for the District of Columbia shall submit to the
appropriate committees of Congress, the Mayor, and the Council of the
District of Columbia, a revised appropriated funds operating budget in
the format of the budget that the District of Columbia government
submitted pursuant to section 442 of the District of Columbia Home Rule
Act (D.C. Official Code, sec. 1-204.42), for all agencies of the
District of Columbia government for fiscal year 2012 that is in the
total amount of the approved appropriation and that realigns all
budgeted data for personal services and other-than-personal services,
respectively, with anticipated actual expenditures.

(b) <> This section shall apply
only to an agency for which the Chief Financial Officer for the District
of Columbia certifies that a reallocation is required to address
unanticipated changes in program requirements.

Sec. 813.  <> No later than 30
calendar days after the date of the enactment of this Act, the Chief
Financial Officer for the District of Columbia shall submit to the
appropriate committees of Congress, the Mayor, and the Council for the
District of Columbia, a revised appropriated funds operating budget for
the District of Columbia Public Schools that aligns schools budgets to
actual enrollment. The revised appropriated funds budget shall be in the
format of the budget that the District of Columbia government submitted
pursuant to section 442 of the District of Columbia Home Rule Act (D.C.
Official Code, Sec. 1-204.42).

Sec. 814.  Amounts appropriated in this Act as operating funds may
be transferred to the District of Columbia's enterprise and capital
funds and such amounts, once transferred, shall retain appropriation
authority consistent with the provisions of this Act.

[[Page 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) <> is amended--
(1) in the title, by striking ``Biennial'';
(2) in subsection (a), by striking ``Biennial management''
and inserting ``Management'';
(3) in subsection (a), by striking ``States.'' and inserting
``States every five years.''; and
(4) in subsection (b)(6), by striking ``2'' and inserting
``5''.

Sec. 817.  Except as expressly provided otherwise, any reference to
``this Act'' contained in this title or in title IV shall be treated as
referring only to the provisions of this title or of title IV.
This division may be cited as the ``Financial Services and General
Government Appropriations Act, 2012''.

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

TITLE I

DEPARTMENTAL MANAGEMENT AND OPERATIONS

Office of the Secretary and Executive Management

For necessary expenses of the Office of the Secretary of Homeland
Security, as authorized by section 102 of the Homeland Security Act of
2002 (6 U.S.C. 112), and executive management of the Department of
Homeland Security, as authorized by law, $133,159,000:  Provided, That
not to exceed $51,000 shall be for official reception and representation
expenses, of which $17,000 shall be made available to the Office of
Policy for Visa Waiver Program negotiations in Washington, DC, and for
other international activities:  Provided further, That all official
costs associated with the use of government aircraft by Department of
Homeland Security personnel to support official travel of the Secretary
and the Deputy Secretary shall be paid from amounts made available for
the Immediate Office of the Secretary and the Immediate Office of the
Deputy Secretary:  Provided further, That of the total amount made
available under this heading, $1,800,000 shall remain available until
March 30, 2012, for the Office of Counternarcotics Enforcement, of which
up to $1,800,000 may, notwithstanding section 503 of this Act, be
transferred to the Office of Policy:  Provided further, That amounts
transferred pursuant to the preceding proviso shall remain available
until September 30, <> 2012:
Provided further,

[[Page 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 <> analysis:  Provided
further, That $30,000,000 shall not be available for obligation until
the Secretary of Homeland Security submits to the Committees on
Appropriations of the Senate and the House of Representatives a
comprehensive plan for implementation of the biometric air exit system,
as mandated in Public Law 110-53, including the estimated costs of
implementation.

Office of the Under Secretary for Management

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

Office of the Chief Financial Officer

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

Office of the Chief Information Officer

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

[[Page 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 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, <> 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 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 <> Environment:  Provided, That of the total amount made available
under this heading, $25,000,000 may not be obligated for the Automated
Commercial Environment program until the Commissioner of U.S. Customs
and Border Protection submits to the Committees on Appropriations of the
Senate and the House of Representatives, not later than 60 days after
the date of enactment of this Act, an expenditure plan for the Automated
Commercial Environment program including results to date, plans for the
program, and a list of projects with associated funding from prior
appropriations and provided by this Act.

border security fencing, infrastructure, and technology

For expenses for border security fencing, infrastructure, and
technology, $400,000,000, to remain available until September 30, 2014:
Provided, <> That of the total amount
made available under this heading, $60,000,000 shall not be obligated
until the Committees on Appropriations of the Senate and the House of
Representatives receive a detailed plan for expenditure, prepared by the
Commissioner of U.S. Customs and Border Protection, and submitted not
later than 90 days after the date of enactment of this Act, for a
program to establish and maintain a security barrier along the borders
of the United States of fencing and vehicle barriers, where practicable,
and of other forms of tactical infrastructure and technology:  Provided
further, <> That the Commissioner of U.S.
Customs and Border Protection shall submit to the Committees on
Appropriations of the Senate and the House of Representatives, at the
time that the President's budget is submitted each year under section
1105(a) of title 31, United States Code, a multi-year investment and
management plan for the Border Security Fencing, Infrastructure, and
Technology account, that includes for each tactical infrastructure and
technology deployment--
(1) the funding level in that budget and projected funding
levels for each of the next 3 fiscal years, including a
description of the purpose of such funds;
(2) the deployment plan, by border segment, that aligns each
deployment to mission requirements by defining existing
capabilities, identifying known capability gaps between such
existing capabilities and stated mission requirements related to
achieving operational control, and explaining how each tactical
infrastructure or technology deployment will address such known
capability gaps; and

[[Page 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, <> 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 949]]

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

U.S. Immigration and Customs Enforcement

salaries and expenses

For necessary expenses for enforcement of immigration and customs
laws, detention and removals, and investigations, including overseas
vetted units operations; and purchase and lease of up to 3,790 (2,350
for replacement only) police-type vehicles; $5,528,874,000; of which not
to exceed $10,000,000 shall be available until expended for conducting
special operations under section 3131 of the Customs Enforcement Act of
1986 (19 U.S.C. 2081); of which not to exceed $12,750 shall be for
official reception and representation expenses; of which not to exceed
$2,000,000 shall be for awards of compensation to informants, to be
accounted for solely under the certificate of the Secretary of Homeland
Security; of which not less than $305,000 shall be for promotion of
public awareness of the child pornography tipline and activities to
counter child exploitation; of which not less than $5,400,000 shall be
used to facilitate agreements consistent with section 287(g) of the
Immigration and Nationality Act (8 U.S.C. 1357(g)); and of which not to
exceed $11,216,000 shall be available to fund or reimburse other Federal
agencies for the costs associated with the care, maintenance, and
repatriation of smuggled aliens unlawfully present in the United States:
Provided, <> That none of the funds made
available under this heading shall be available to compensate any
employee for overtime in an annual amount in excess of $35,000, except
that the Secretary of Homeland Security, or the designee of the
Secretary, may waive that amount as necessary for national security
purposes and in cases of immigration emergencies:  Provided further,
That of the total amount provided, $15,770,000 shall be for activities
to enforce laws against forced child labor, of which not to exceed
$6,000,000 shall remain available until expended:  Provided further,
That of the total amount available, not less than $1,600,000,000 shall
be available to identify aliens convicted of a crime who may be
deportable, and to remove them from the United States once they are
judged deportable, of which $189,064,000 shall remain available until
September 30, <> 2013:  Provided further,
That the Assistant Secretary of Homeland Security for U.S. Immigration
and Customs Enforcement shall report to

[[Page 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, <> That the Secretary of Homeland Security shall
prioritize the identification and removal of aliens convicted of a crime
by the severity of that <> crime:  Provided
further, That funding made available under this heading shall maintain a
level of not less than 34,000 detention beds through September 30, 2012:
Provided further, That of the total amount provided, not less than
$2,750,843,000 is for detention and removal operations, including
transportation of unaccompanied minor aliens:  Provided further, That of
the total amount provided, $10,300,000 shall remain available until
September 30, 2013, for the Visa Security Program:  Provided
further, <> That none of the funds provided under
this heading may be used to continue a delegation of law enforcement
authority authorized under section 287(g) of the Immigration and
Nationality Act (8 U.S.C. 1357(g)) if the Department of Homeland
Security Inspector General determines that the terms of the agreement
governing the delegation of authority have been violated:  Provided
further, <> That none of the funds provided under this
heading may be used to continue any contract for the provision of
detention services if the two most recent overall performance
evaluations received by the contracted facility are less than
``adequate'' or the equivalent median score in any subsequent
performance evaluation system:  Provided further, That nothing under
this heading shall prevent U.S. Immigration and Customs Enforcement from
exercising those authorities provided under immigration laws (as defined
in section 101(a)(17) of the Immigration and Nationality Act (8 U.S.C.
1101(a)(17))) during priority operations pertaining to aliens convicted
of a crime.

automation modernization

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

Transportation Security Administration

aviation security

For necessary expenses of the Transportation Security Administration
related to providing civil aviation security services pursuant to the
Aviation and Transportation Security Act (Public Law 107-71; 115 Stat.
597; 49 U.S.C. 40101 note), $5,253,956,000, to remain available until
September 30, 2013, of which not to exceed $8,500 shall be for official
reception and representation expenses:  Provided, That of the total
amount made available under this heading, not to exceed $4,167,631,000
shall be for screening operations, of which $543,103,000 shall be
available for explosives detection systems; $204,768,000 shall be for
checkpoint support; and not to exceed $1,086,325,000 shall be for
aviation security direction and enforcement:  Provided further, That of
the amount made available in the preceding proviso for explosives
detection systems, $222,738,000 shall be available for the purchase and
installation of these systems, of which not less than 10 percent shall
be available for the purchase and installation of certified explosives
detection systems at medium-

[[Page 951]]

and small-sized airports:  Provided further, <> That any award to deploy explosives detection
systems shall be based on risk, the airport's current reliance on other
screening solutions, lobby congestion resulting in increased security
concerns, high injury rates, airport readiness, and increased cost
effectiveness:  Provided further, That security service fees authorized
under section 44940 of title 49, United States Code, shall be credited
to this appropriation as offsetting collections and shall be available
only for aviation security:  Provided further, That the sum appropriated
under this heading from the general fund shall be reduced on a dollar-
for-dollar basis as such offsetting collections are received during
fiscal year 2012 so as to result in a final fiscal year appropriation
from the general fund estimated at not more
than <> $3,223,956,000:  Provided further, That any
security service fees collected in excess of the amount made available
under this heading shall become available during fiscal year 2013:
Provided further, That notwithstanding section 44923 of title 49, United
States Code, for fiscal year 2012, any funds in the Aviation Security
Capital Fund established by section 44923(h) of title 49, United States
Code, may be used for the procurement and installation of explosives
detection systems or for the issuance of other transaction agreements
for the purpose of funding projects described in section 44923(a):
Provided further, That none of the funds made available in this Act may
be used for any recruiting or hiring of personnel into the
Transportation Security Administration that would cause the agency to
exceed a staffing level of 46,000 full-time equivalent screeners:
Provided further, That the preceding proviso shall not apply to
personnel hired as part-time employees:  Provided
further, <> That not later than 90 days after
the date of enactment of this Act, the Secretary of Homeland Security
shall submit to the Committees on Appropriations of the Senate and the
House of Representatives a detailed report on--
(1) the Department of Homeland Security efforts and
resources being devoted to develop more advanced integrated
passenger screening technologies for the most effective security
of passengers and baggage at the lowest possible operating and
acquisition costs;
(2) how the Transportation Security Administration is
deploying its existing passenger and baggage screener workforce
in the most cost effective manner; and
(3) labor savings from the deployment of improved
technologies for passenger and baggage screening and how those
savings are being used to offset security costs or reinvested to
address security vulnerabilities:

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

[[Page 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, <> That
of the funds appropriated under this heading, $20,000,000 may not be
obligated for headquarters administration until the Administrator of the
Transportation Security Administration submits to the Committees on
Appropriations of the Senate and the House of Representatives detailed
expenditure plans for air cargo security, checkpoint support, and
explosives detection systems refurbishment, procurement, and
installations on an airport-by-airport basis for fiscal year 2012:
Provided further, <> That these plans shall be
submitted not later than 60 days after the date of enactment of this
Act.

federal air marshals

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

Coast Guard

operating expenses

For necessary expenses for the operation and maintenance of the
Coast Guard, not otherwise provided for; purchase or lease of not to
exceed 25 passenger motor vehicles, which shall be for replacement only;
purchase or lease of small boats for contingent and emergent
requirements (at a unit cost of no more than $700,000) and repairs and
service-life replacements, not to exceed a total of $31,000,000;
purchase or lease of boats necessary for overseas deployments and
activities; minor shore construction projects not exceeding $1,000,000
in total cost at any location; payments pursuant to section 156 of
Public Law 97-377 (42 U.S.C. 402 note; 96 Stat. 1920); and recreation
and welfare; $7,051,054,000, of which $598,000,000 shall be for defense-
related activities, of which $258,000,000 is designated by the Congress
for Overseas Contingency Operations/Global War on Terrorism pursuant to
section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit
Control Act of 1985; of which $24,500,000 shall be derived from the Oil
Spill Liability Trust Fund to carry out the purposes of section
1012(a)(5) of the Oil Pollution Act of 1990 (33 U.S.C.

[[Page 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 <> appropriation:  Provided further,
That the Coast Guard shall comply with the requirements of section 527
of the National Defense Authorization Act for Fiscal Year 2004 (10
U.S.C. 4331 note) with respect to the Coast Guard Academy:  Provided
further, <> That of the funds provided under
this heading, $75,000,000 shall be withheld from obligation for Coast
Guard Headquarters Directorates until a revised future-years capital
investment plan for fiscal years 2013 through 2017, as specified under
the heading Coast Guard ``Acquisition, Construction, and Improvements''
of this Act is submitted to the Committees on Appropriations of the
Senate and the House of Representatives: Provided further, That funds
made available under this heading for Overseas Contingency Operations/
Global War on Terrorism may be allocated by program, project, and
activity, notwithstanding section 503 of this Act.

environmental compliance and restoration

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

reserve training

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

acquisition, construction, and improvements

For necessary expenses of acquisition, construction, renovation, and
improvement of aids to navigation, shore facilities, vessels, and
aircraft, including equipment related thereto; and maintenance,
rehabilitation, lease and operation of facilities and equipment; as
authorized by law; $1,403,924,000, of which $20,000,000 shall be derived
from the Oil Spill Liability Trust Fund to carry out the purposes of
section 1012(a)(5) of the Oil Pollution Act of 1990 (33 U.S.C.
2712(a)(5)); of which $20,000,000 shall remain available until September
30, 2016, for military family housing, of which not more than
$14,000,000 shall be derived from the Coast Guard Housing Fund,
established pursuant to 14 U.S.C. 687; of which $642,000,000 shall be
available until September 30, 2016, to acquire, effect major repairs to,
renovate, or improve vessels, small boats, and related equipment; of
which $289,900,000 shall be available until September 30, 2016, to
acquire, effect major repairs to, renovate, or improve aircraft or
increase aviation capability; of which $161,140,000 shall be available
until September 30, 2016, for other acquisition programs; of which
$180,692,000 shall be available until September 30, 2016, for shore
facilities and aids to navigation, including waterfront facilities at
Navy installations used by the Coast Guard; of which $110,192,000 shall
be available for

[[Page 954]]

personnel compensation and benefits and
related <> costs:  Provided, That the funds provided
by this Act shall be immediately available and allotted to contract for
long lead time materials, components, and designs for the sixth National
Security Cutter notwithstanding the availability of funds for production
costs or post-production costs:  Provided
further, <> That the
Secretary of Homeland Security shall submit to the Committees on
Appropriations of the Senate and the House of Representatives, at the
time that the President's budget is submitted each year under section
1105(a) of title 31, United States Code, a future-years capital
investment plan for the Coast Guard that identifies for each requested
capital asset--
(1) the proposed appropriations included in that budget;
(2) the total estimated cost of completion, including and
clearly delineating the costs of associated major acquisition
systems infrastructure and transition to operations;
(3) projected funding levels for each fiscal year for the
next 5 fiscal years or until acquisition program baseline or
project completion, whichever is earlier;
(4) an estimated completion date at the projected funding
levels; and
(5) a current acquisition program baseline for each capital
asset, as applicable, that--
(A) includes the total acquisition cost of each
asset, subdivided by fiscal year and including a
detailed description of the purpose of the proposed
funding levels for each fiscal year, including for each
fiscal year funds requested for design, pre-acquisition
activities, production, structural modifications,
missionization, post-delivery, and transition to
operations costs;
(B) includes a detailed project schedule through
completion, subdivided by fiscal year, that details--
(i) quantities planned for each fiscal year;
and
(ii) major acquisition and project events,
including development of operational requirements,
contracting actions, design reviews, production,
delivery, test and evaluation, and transition to
operations, including necessary training, shore
infrastructure, and logistics;
(C) notes and explains any deviations in cost,
performance parameters, schedule, or estimated date of
completion from the original acquisition program
baseline and the most recent baseline approved by the
Department of Homeland Security's Acquisition Review
Board, if applicable;
(D) aligns the acquisition of each asset to mission
requirements by defining existing capabilities of
comparable legacy assets, identifying known capability
gaps between such existing capabilities and stated
mission requirements, and explaining how the acquisition
of each asset will address such known capability gaps;
(E) defines life-cycle costs for each asset and the
date of the estimate on which such costs are based,
including all associated costs of major acquisitions
systems infrastructure and transition to operations,
delineated by purpose and fiscal year for the projected
service life of the asset;
(F) includes the earned value management system
summary schedule performance index and cost performance
index for each asset, if applicable; and

[[Page 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, <> 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 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 <> year:  Provided further, That
none of the funds made available under this heading shall be available
to compensate any employee for overtime in an annual amount in excess of
$35,000, except that the Secretary of Homeland Security, or the designee
of the Secretary, may waive that amount as necessary for national
security purposes:  Provided further, That none of the funds made
available to the United States Secret Service by this Act or by previous
appropriations Acts may be made available for the protection of the head
of a Federal agency other than the Secretary of Homeland Security:
Provided further, That the Director of the United States Secret Service
may enter into an agreement to provide such protection on a fully
reimbursable basis:  Provided further, That of the total amount made
available under this heading, $43,843,000, to remain available until
September 30, 2014, is for information integration and technology
transformation:  Provided
further, <> That $20,000,000 made
available in the preceding proviso shall not be obligated to purchase or
install information technology equipment until the Department of
Homeland Security Chief Information Officer submits a report to the
Committees on Appropriations of the Senate and the House of
Representatives certifying that all plans for integration and
transformation are consistent with Department of Homeland Security data
center migration and enterprise architecture requirements:  Provided
further, <> That none of the funds made
available to the United States Secret Service by this Act or by previous
appropriations Acts may be obligated for the purpose of opening a new
permanent domestic or overseas office or location unless the Committees
on Appropriations of the Senate and the House of Representatives are
notified 15 days in advance of such obligation.

[[Page 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 <> analysis:  Provided further, That
in the preceding proviso notification shall take place not later than 90
days after the date of enactment of this Act:  Provided
further, <> That any funds not transferred pursuant to
the penultimate proviso shall be available solely to close out the
Office of Risk Management and Analysis not later than September 30,
2012, and shall not be available for further transfer or reprogramming
pursuant to section 503 of this Act.

infrastructure protection and information security

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

federal protective service

The revenues and collections of security fees credited to this
account shall be available until expended for necessary expenses related
to the protection of federally owned and leased buildings and for the
operations of the Federal
Protective <> Service:  Provided, That
the Secretary of Homeland Security and the Director of the Office of
Management and Budget shall certify in writing to the Committees on
Appropriations of the Senate and the House of Representatives not later
than December 31, 2011, that the operations of the Federal Protective
Service will be fully funded in fiscal year 2012 through revenues and
collection of security fees,

[[Page 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, <> That an
expenditure plan for fiscal year 2012 shall be provided to the
Committees on Appropriations of the Senate and the House of
Representatives not later than 60 days after the date of enactment of
this <> Act:  Provided further, That the Director
of the Federal Protective Service shall include with the submission of
the President's fiscal year 2013 budget a strategic human capital plan
that aligns fee collections to personnel requirements based on a current
threat assessment.

united states visitor and immigrant status indicator technology

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

[[Page 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, <> That
the Assistant Secretary for the Office of Health Affairs shall submit an
expenditure plan for fiscal year 2012 to the Committees on
Appropriations of the Senate and the House of Representatives not later
than 60 days after the date of enactment of this Act.

Federal Emergency Management Agency

salaries and expenses

For necessary expenses of the Federal Emergency Management Agency,
$895,350,000, including activities authorized by the National Flood
Insurance Act of 1968 (42 U.S.C. 4001 et seq.), the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.),
the Cerro Grande Fire Assistance Act of 2000 (division C, title I, 114
Stat. 583), the Earthquake Hazards Reduction Act of 1977 (42 U.S.C. 7701
et seq.), the Defense Production Act of 1950 (50 U.S.C. App. 2061 et
seq.), sections 107 and 303 of the National Security Act of 1947 (50
U.S.C. 404, 405), Reorganization Plan No. 3 of 1978 (5 U.S.C. App.), the
Homeland Security Act of 2002 (6 U.S.C. 101 et seq.), and the Post-
Katrina Emergency Management Reform Act of 2006 (Public Law 109-295; 120
Stat. 1394):  Provided, That not to exceed $2,500 shall be for official
reception and representation expenses:  Provided further, That the
Administrator of the Federal Emergency Management Agency may reprogram
funds made available under this heading between programs, projects, and
activities prior to April 16, 2012, notwithstanding section 503 of
this <> Act:  Provided further, That
$1,400,000 of the funds available for the Office of the Administrator of
the Federal Emergency Management Agency shall not be available for
obligation until the Administrator of the Federal Emergency Management
Agency submits to the Committees on Appropriations of the Senate and the
House of Representatives the National Preparedness Report required by
Public Law 109-295 and a comprehensive plan to implement a system to
measure the effectiveness of grants to State and local communities in
fiscal year 2012:  Provided further, <> That for purposes of planning, coordination,
execution, and decision making related to mass evacuation during a
disaster, the Governors of the State of West Virginia and the
Commonwealth of Pennsylvania, or their designees, shall be incorporated
into efforts to integrate the activities of Federal, State, and local
governments in the National Capital Region, as defined in section 882 of
the Homeland Security Act of 2002 (Public Law 107-296):  Provided
further, That of the total amount made available under this heading,
$41,250,000 shall be for the Urban Search and Rescue Response System, of
which not to exceed $1,600,000 may be made available for administrative
costs; $5,493,000 shall be for the Office of National Capital Region
Coordination; not to exceed $12,000,000 shall remain available until

[[Page 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, <> That the Administrator of
the Federal Emergency Management Agency, in consultation with the
Department of Homeland Security Chief Information Officer, shall submit
to the Committees on Appropriations of the Senate and the House of
Representatives a strategic plan, not later than 180 days after the date
of enactment of this Act, for the funds specified in the preceding
proviso related to modernization of automated systems, that includes--
(1) a comprehensive plan to automate and modernize
information systems to resolve current inefficiencies, integrate
data, and aid in better performance of executing the Agency-wide
mission;
(2) a description of the appropriations for each project and
activity tied to mission requirements and outcomes, program
management capabilities, performance levels, and specific
capabilities and services to be delivered;
(3) the total estimated cost and projected timeline of
completion for all multi-year enhancements, modernizations, and
new capabilities proposed and underway covering a period of no
less than 3 years;
(4) a detailed accounting of operations and maintenance and
contractor services costs; and
(5) the current or planned acquisition programs including--
(A) how the programs align to mission requirements
by defining existing capabilities, identifying known
capability gaps between such existing capabilities and
stated mission requirements, and explaining how each
increment will address a known capability gap;
(B) how programs provide quantifiable information
that aids in understanding national emergency management
capabilities;
(C) how programs ensure information sharing among
homeland security partners; and
(D) life-cycle costs for all acquisitions.

state and local programs

(including transfer of funds)

For grants, contracts, cooperative agreements, and other activities,
$1,349,681,000, which shall be distributed, according to threat,
vulnerability, and consequence, at the discretion of the Secretary of
Homeland Security based on the following authorities:
(1) The State Homeland Security Grant Program under section
2004 of the Homeland Security Act of 2002 (6 U.S.C. 605):
Provided, <> That notwithstanding subsection
(c)(4) of such section 2004, for fiscal year 2012, the
Commonwealth of Puerto Rico shall make available to local and
tribal governments amounts provided to the Commonwealth of
Puerto Rico under this paragraph in accordance with subsection
(c)(1) of such section 2004.
(2) The Urban Area Security Initiative under section 2003 of
the Homeland Security Act of 2002 (6 U.S.C. 604).

[[Page 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 <> security:  Provided, That such public
transportation security assistance shall be provided directly to
public transportation agencies.
(6) Over-the-Road Bus Security Assistance under section 1532
of the Implementing Recommendations of the 9/11 Commission Act
of 2007 (6 U.S.C. 1182).
(7) Port Security Grants in accordance with 46 U.S.C. 70107.
(8) The Driver's License Security Grants Program in
accordance with section 204 of the REAL ID Act of 2005 (49
U.S.C. 30301 note).
(9) The Interoperable Emergency Communications Grant Program
under section 1809 of the Homeland Security Act of 2002 (6
U.S.C. 579).
(10) Emergency Operations Centers under section 614 of the
Robert T. Stafford Disaster Relief and Emergency Assistance Act
(42 U.S.C. 5196c).
(11) Buffer Zone Protection Program Grants.
(12) Organizations (as described under section 501(c)(3) of
the Internal Revenue Code of 1986 and exempt from tax section
501(a) of such code) determined by the Secretary to be at high
risk of a terrorist attack:

Provided, That of the amount provided under this heading, $50,000,000
shall be for Operation Stonegarden and no less than $100,000,000 shall
be for areas at the highest threat of a terrorist attack:  Provided
further, That $231,681,000 shall be for training, exercises, technical
assistance, and other programs, of which $155,500,000 shall be for
training of State, local, and tribal emergency response providers:
Provided further, <> That for grants under
paragraphs (1) through (12), applications for grants shall be made
available to eligible applicants not later than 60 days after the date
of enactment of this Act, that eligible applicants shall submit
applications not later than 80 days after the grant announcement, and
the Administrator of the Federal Emergency Management Agency shall act
within 65 days after the receipt of an application:  Provided further,
That notwithstanding section 2008(a)(11) of the Homeland Security Act of
2002 (6 U.S.C. 609(a)(11)), or any other provision of law, a grantee may
use not more than 5 percent of the amount of a grant made available
under this heading for expenses directly related to administration of
the grant:  Provided further, That 6.8 percent of the amounts provided
under this heading shall be transferred to the Federal Emergency
Management Agency ``Salaries and Expenses'' account for program
administration:  Provided further, That for grants under paragraphs (1)
and (2), the installation of communication towers is not considered
construction of a building or other
physical <> facility:  Provided further,
That grantees shall provide reports on their use of funds, as determined
necessary by the Secretary of Homeland Security:  Provided further, That
in fiscal year 2012: (a) the Center for Domestic Preparedness may
provide training to emergency response providers

[[Page 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, <> That the methodology for assessment and
collection of fees shall be fair and equitable and shall reflect costs
of providing such services, including administrative costs of collecting
such fees:  Provided further, <> That fees
received under this heading shall be deposited in this account as
offsetting collections and will become available for authorized purposes
on October 1, 2012, and remain available until expended.

[[Page 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, <> That the Administrator
of the Federal Emergency Management Agency shall submit an expenditure
plan to the Committees on Appropriations of the Senate and the House of
Representatives detailing the use of the funds made available in this or
any other Act for disaster readiness and support not later than 60 days
after the date of enactment of this <> Act:
Provided further, That the Administrator of the Federal Emergency
Management Agency shall submit to such Committees a quarterly report
detailing obligations against the expenditure plan and a justification
for any changes from the initial plan:  Provided further, That the
matter under this heading in title III of division E of Public Law 110-
161 <> is amended by striking the fourth
proviso:  Provided further, That the Administrator of the Federal
Emergency Management Agency shall submit to the Committees on
Appropriations of the Senate and the House of Representatives the
following reports, including a specific description of the methodology
and the source data used in developing such reports:
(1) an estimate of the following amounts shall be submitted
for the budget year at the time that the President's budget is
submitted each year under section 1105(a) of title 31, United
States Code:
(A) the unobligated balance of funds to be carried
over from the prior fiscal year to the budget year;
(B) the unobligated balance of funds to be carried
over from the budget year to the budget year plus 1;
(C) the amount of obligations for non-catastrophic
events for the budget year;
(D) the amount of obligations for the budget year
for catastrophic events delineated by event and by
State;
(E) the total amount that has been previously
obligated or will be required for catastrophic events
delineated by event and by State for all prior years,
the current year, the budget year, the budget year plus
1, the budget year plus 2, and the budget year plus 3
and beyond;
(F) the amount of previously obligated funds that
will be recovered for the budget year;
(G) the amount that will be required for obligations
for emergencies, as described in section 102(1) of the
Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5122(1)), major disasters, as
described in section

[[Page 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) <> 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 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 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 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, <> 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 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. <> (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 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) <> 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 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, <> That prior to the obligation of such funds, a request shall
be submitted to the Committees on Appropriations of the Senate and the
House of Representatives for approval in accordance with section 503 of
this Act.

Sec. 506.  Funds made available by this Act for intelligence
activities are deemed to be specifically authorized by the Congress for
purposes of section 504 of the National Security Act of 1947 (50 U.S.C.
414) during fiscal year 2012 until the enactment of an Act authorizing
intelligence activities for fiscal year 2012.
Sec. 507. <> (a)
Except as provided in subsections (b) and (c), none of the funds made
available by this Act may be used to--
(1) make or award a grant allocation, grant, contract, other
transaction agreement, task or delivery order on a Department of
Homeland Security multiple award contract, or to issue a letter
of intent totaling in excess of $1,000,000;
(2) award a task or delivery order requiring an obligation
of funds in an amount greater than $10,000,000 from multi-year
Department of Homeland Security funds or a task or delivery
order that would cause cumulative obligations of multi-year
funds in a single account to exceed 50 percent of the total
amount appropriated; or
(3) announce publicly the intention to make or award items
under paragraph (1) or (2), including a contract covered by the
Federal Acquisition Regulation.

(b) <> The Secretary of Homeland Security
may waive the prohibition under subsection (a) if the Secretary notifies
the Committees on Appropriations of the Senate and the House of
Representatives at least 3 full business days in advance of making an
award or issuing a letter as described in that subsection.

(c) If the Secretary of Homeland Security determines that compliance
with this section would pose a substantial risk to human life, health,
or safety, an award may be made without notification, and the Secretary
shall notify the Committees on Appropriations of the Senate and the
House of Representatives not later than 5 full business days after such
an award is made or letter issued.
(d) A notification under this section--
(1) may not involve funds that are not available for
obligation; and

[[Page 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) <> The Administrator of the Federal Emergency
Management Agency shall brief the Committees on Appropriations of the
Senate and the House of Representatives 5 full business days in advance
of announcing publicly the intention of making an award under ``State
and Local Programs''.

Sec. 508.  <> Notwithstanding any other provision
of law, no agency shall purchase, construct, or lease any additional
facilities, except within or contiguous to existing locations, to be
used for the purpose of conducting Federal law enforcement training
without the advance approval of the Committees on Appropriations of the
Senate and the House of Representatives, except that the Federal Law
Enforcement Training Center is authorized to obtain the temporary use of
additional facilities by lease, contract, or other agreement for
training that cannot be accommodated in existing Center facilities.

Sec. 509.  None of the funds appropriated or otherwise made
available by this Act may be used for expenses for any construction,
repair, alteration, or acquisition project for which a prospectus
otherwise required under chapter 33 of title 40, United States Code, has
not been approved, except that necessary funds may be expended for each
project for required expenses for the development of a proposed
prospectus.
Sec. 510.  <> Sections 520, 522, and 530, of
the Department of Homeland Security Appropriations Act, 2008 (division E
of Public Law 110-161; 121 Stat. 2073 and 2074) shall apply with respect
to funds made available in this Act in the same manner as such sections
applied to funds made available in that Act.

Sec. 511.  None of the funds made available in this Act may be used
in contravention of the applicable provisions of the Buy American Act
(41 U.S.C. 10a et seq.).
Sec. 512.  None of the funds made available in this Act may be used
by any person other than the Privacy Officer appointed under subsection
(a) of section 222 of the Homeland Security Act of 2002 (6 U.S.C.
142(a)) to alter, direct that changes be made to, delay, or prohibit the
transmission to Congress of any report prepared under paragraph (6) of
such subsection.
Sec. 513.  None of the funds made available in this Act may be used
to amend the oath of allegiance required by section 337 of the
Immigration and Nationality Act (8 U.S.C. 1448).
Sec. 514.  <> Within 45 days
after the end of each month, the Chief Financial Officer of the
Department of Homeland Security shall submit to the Committees on
Appropriations of the Senate and the House of Representatives a monthly
budget and staffing report for that month that includes total
obligations, on-board versus funded full-time equivalent staffing
levels, and the number of contract employees for each office of the
Department.

Sec. 515.  None of the funds appropriated by this Act may be used to
process or approve a competition under Office of Management and Budget
Circular A-76 for services provided as of June 1, 2004, by employees
(including employees serving on a temporary or term basis) of United
States Citizenship and Immigration Services of the Department of
Homeland Security who are known as of that date as Immigration
Information Officers, Contact Representatives, or Investigative
Assistants.

[[Page 972]]

Sec. 516.  <> Except as provided in section
44945 of title 49, United States Code, funds appropriated or transferred
to Transportation Security Administration ``Aviation Security'',
``Administration'', and ``Transportation Security Support'' for fiscal
years 2004 and 2005 that are recovered or deobligated shall be available
only for the procurement or installation of explosives detection
systems, air cargo, baggage, and checkpoint screening systems, subject
to notification:  Provided, <> That quarterly
reports shall be submitted to the Committees on Appropriations of the
Senate and the House of Representatives on any funds that are recovered
or deobligated.

Sec. 517.  Any funds appropriated to Coast Guard ``Acquisition,
Construction, and Improvements'' for fiscal years 2002, 2003, 2004,
2005, and 2006 for the 110-123 foot patrol boat conversion that are
recovered, collected, or otherwise received as the result of
negotiation, mediation, or litigation, shall be available until expended
for the Fast Response Cutter program.
Sec. 518.  Section 532(a) of Public Law 109-295 (120 Stat. 1384) is
amended by striking ``2011'' and inserting ``2012''.
Sec. 519.  <> The functions of the
Federal Law Enforcement Training Center instructor staff shall be
classified as inherently governmental for the purpose of the Federal
Activities Inventory Reform Act of 1998 (31 U.S.C. 501 note).

Sec. 520. <> (a) Except as provided in
subsection (b), none of the funds appropriated in this or any other Act
to the ``Office of the Secretary and Executive Management'', the
``Office of the Under Secretary for Management'', or the ``Office of the
Chief Financial Officer'', may be obligated for a grant or contract
funded under such headings by any means other than full and open
competition.

(b) Subsection (a) does not apply to obligation of funds for a
contract awarded--
(1) by a means that is required by a Federal statute,
including obligation for a purchase made under a mandated
preferential program, including the AbilityOne Program, that is
authorized under the Javits-Wagner-O'Day Act (41 U.S.C. 46 et
seq.);
(2) pursuant to the Small Business Act (15 U.S.C. 631 et
seq.);
(3) in an amount less than the simplified acquisition
threshold described under section 302A(a) of the Federal
Property and Administrative Services Act of 1949 (41 U.S.C.
252a(a)); or
(4) by another Federal agency using funds provided through
an interagency agreement.

(c)(1) <> Subject to paragraph (2), the
Secretary of Homeland Security may waive the application of this section
for the award of a contract in the interest of national security or if
failure to do so would pose a substantial risk to human health or
welfare.

(2) <> Not later than 5 days after
the date on which the Secretary of Homeland Security issues a waiver
under this subsection, the Secretary shall submit notification of that
waiver to the Committees on Appropriations of the Senate and the House
of Representatives, including a description of the applicable contract
to which the waiver applies and an explanation of why the waiver
authority was used:  Provided, That the Secretary may not delegate the
authority to grant such a waiver.

[[Page 973]]

(d) <> In addition to the requirements established
by subsections (a), (b), and (c) of this section, the Inspector General
of the Department of Homeland Security shall review departmental
contracts awarded through means other than a full and open competition
to assess departmental compliance with applicable laws and regulations:
Provided, That the Inspector General shall review selected contracts
awarded in the previous fiscal year through means other than a full and
open competition:  Provided further, That in selecting which contracts
to review, the Inspector General shall consider the cost and complexity
of the goods and services to be provided under the contract, the
criticality of the contract to fulfilling Department missions, past
performance problems on similar contracts or by the selected vendor,
complaints received about the award process or contractor performance,
and such other factors as the Inspector General deems relevant:
Provided further, <> That the Inspector
General shall report the results of the reviews to the Committees on
Appropriations of the Senate and the House of Representatives no later
than February 6, 2012.

Sec. 521.  <> None of the funds provided by this
or previous appropriations Acts shall be used to fund any position
designated as a Principal Federal Official (or the successor thereto)
for any Robert T. Stafford Disaster Relief and Emergency Assistance Act
(42 U.S.C. 5121 et seq.) declared disasters or emergencies unless--
(1) The responsibilities of the Principal Federal Official
do not include operational functions related to incident
management, including coordination of operations, and are
consistent with the requirements of subsection 509(c) and
subsections 503(c)(3) and (c)(4)(A) of the Homeland Security Act
of 2002 (6 U.S.C. 319(c) and 313(c)(3) and (c)(4)(A)) and
section 302 of the Robert T. Stafford Disaster Relief and
Assistance Act (42 U.S.C. 5143);
(2) <> Not later than 10 business days
after the latter of the date on which the Secretary of Homeland
Security appoints the Principal Federal Official and the date on
which the President issues a declaration under section 401 or
section 501 of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5170 and 5191,
respectively), the Secretary of Homeland Security shall submit a
notification of the appointment of the Principal Federal
Official and a description of the responsibilities of such
Official and how such responsibilities are consistent with
paragraph (1) to the Committees on Appropriations of the Senate
and the House of Representatives, the Transportation and
Infrastructure Committee of the House of Representatives, and
the Homeland Security and Governmental Affairs Committee of the
Senate; and
(3) <> Not later than 60 days after the date
of enactment of this Act, the Secretary shall provide a report
specifying timeframes and milestones regarding the update of
operations, planning and policy documents, and training and
exercise protocols, to ensure consistency with paragraph (1) of
this section.

Sec. 522.  <> None of the funds made
available in this or any other Act for fiscal years 2012 and thereafter
may be used to enforce section 4025(1) of Public Law 108-458 unless the
Administrator of the Transportation Security Administration reverses the
determination of July 19, 2007, that butane lighters are not a
significant threat to civil aviation security.

[[Page 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.  <> None of the funds made
available in this or any other Act for fiscal year 2012 and thereafter
may be used to destroy or put out to pasture any horse or other equine
belonging to any component or agency of the Department of Homeland
Security that has become unfit for service, unless the trainer or
handler is first given the option to take possession of the equine
through an adoption program that has safeguards against slaughter and
inhumane treatment.

Sec. 527.  Section 831 of the Homeland Security Act of 2002 (6
U.S.C. 391) is amended--
(1) in subsection (a), by striking ``Until September 30,
2011,'' and inserting ``Until September 30, 2012,'';
(2) by striking subsection (b);
(3) by redesignating subsections (c), (d), and (e) as
subsections (b), (c), and (d), respectively; and
(4) in subsection (c)(1) (as redesignated by paragraph (3)
of this section), by striking ``September 30, 2011,'' and
inserting ``September 30, 2012,''.

Sec. 528.  <> The Secretary of Homeland
Security shall require that all contracts of the Department of Homeland
Security that provide award fees link such fees to successful
acquisition outcomes (which outcomes shall be specified in terms of
cost, schedule, and performance).

Sec. 529.  Notwithstanding any other provision of law, none of the
funds provided in this or any other Act shall be used to approve a
waiver of the navigation and vessel-inspection laws pursuant to 46
U.S.C. 501(b) for the transportation of crude oil distributed from the
Strategic Petroleum Reserve until the Secretary of Homeland Security,
after consultation with the Secretaries of the Departments of Energy and
Transportation and representatives from the United States flag maritime
industry, takes adequate measures to ensure the use of United States
flag <> vessels:  Provided, That the
Secretary shall notify the Committees on Appropriations of the Senate
and the House of Representatives, the Committee on Commerce, Science,
and Transportation of the Senate, and the Committee on Transportation
and Infrastructure of the House of Representatives within 48 hours of
any request for waivers of navigation and vessel-inspection laws
pursuant to 46 U.S.C. 501(b).

[[Page 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.  <> None of the funds
made available in this Act for U.S. Customs and Border Protection may be
used to prevent an individual not in the business of importing a
prescription drug (within the meaning of section 801(g) of the Federal
Food, Drug, and Cosmetic Act) from importing a prescription drug from
Canada that complies with the Federal Food, Drug, and Cosmetic Act:
Provided, <> That this section shall apply only to
individuals transporting on their person a personal-use quantity of the
prescription drug, not to exceed a 90-day supply:  Provided further,
That the prescription drug may not be--
(1) a controlled substance, as defined in section 102 of the
Controlled Substances Act (21 U.S.C. 802); or
(2) a biological product, as defined in section 351 of the
Public Health Service Act (42 U.S.C. 262).

Sec. 533.  None of the funds appropriated by this Act may be used to
conduct, or to implement the results of, a competition under Office of
Management and Budget Circular A-76 for activities performed with
respect to the Coast Guard National Vessel Documentation Center.
Sec. 534.  <> The Secretary of Homeland
Security, in consultation with the Secretary of the Treasury, shall
notify the Committees on Appropriations of the Senate and the House of
Representatives of any proposed transfers of funds available under
section 9703.1 (g)(4)(B) of title 31, United States Code (as added by
Public Law 102-393) from the Department of the Treasury Forfeiture Fund
to any agency within the Department of Homeland Security:  Provided,
That none of the funds identified for such a transfer may be obligated
until the Committees on Appropriations of the Senate and the House of
Representatives approve the proposed transfers.

Sec. 535.  <> None of the funds
made available in this Act may be used for planning, testing, piloting,
or developing a national identification card.

Sec. 536.  <> If the
Administrator of the Transportation Security Administration determines
that an airport does not need to participate in the E-Verify Program as
described in section 403(a) of the Illegal Immigration Reform and
Immigrant Responsibility Act of 1996 (8 U.S.C. 1324a note), the
Administrator shall certify to the Committees on Appropriations of the
Senate and the House of Representatives that no security risks will
result from such non-participation.

Sec. 537. (a) <> Notwithstanding any other provision of this Act,
except as provided in subsection (b), and 30 days after the date on
which the President determines whether to declare a major disaster
because of an event and any appeal is completed, the Administrator shall
publish on the Web site of the Federal Emergency Management Agency a
report regarding that decision that shall summarize damage assessment
information used to determine whether to declare a major disaster.

[[Page 976]]

(b) The Administrator may redact from a report under subsection (a)
any data that the Administrator determines would compromise national
security.
(c) <> In this section--
(1) the term ``Administrator'' means the Administrator of
the Federal Emergency Management Agency; and
(2) the term ``major disaster'' has the meaning given that
term in section 102 of the Robert T. Stafford Disaster Relief
and Emergency Assistance Act (42 U.S.C. 5122).

Sec. 538. <> (a) Notwithstanding any other provision of law during fiscal
year 2012 or any subsequent fiscal year, if the Secretary of Homeland
Security determines that the National Bio- and Agro-defense Facility
should be located at a site other than Plum Island, New York, the
Secretary shall ensure that the Administrator of General Services sells
through public sale all real and related personal property and
transportation assets which support Plum Island operations, subject to
such terms and conditions as may be necessary to protect Government
interests and meet program requirements.

(b) The proceeds of such sale described in subsection (a) shall be
deposited as offsetting collections into the Department of Homeland
Security Science and Technology ``Research, Development, Acquisition,
and Operations'' account and, subject to appropriation, shall be
available until expended, for site acquisition, construction, and costs
related to the construction of the National Bio- and Agro-defense
Facility, including the costs associated with the sale, including due
diligence requirements, necessary environmental remediation at Plum
Island, and reimbursement of expenses incurred by the General Services
Administration.
Sec. 539.  Any official that is required by this Act to report or to
certify to the Committees on Appropriations of the Senate and the House
of Representatives may not delegate such authority to perform that act
unless specifically authorized herein.
Sec. 540.  Section 550(b) of the Department of Homeland Security
Appropriations Act, 2007 (Public Law 109-295; 6 U.S.C. 121 note), as
amended by section 550 of the Department of Homeland Security
Appropriations Act, 2010 (Public Law 111-83), is further amended by
striking ``on October 4, 2011'' and inserting ``on October 4, 2012''.
Sec. 541.  <> None of the
funds appropriated or otherwise made available in this or any other Act
may be used to transfer, release, or assist in the transfer or release
to or within the United States, its territories, or possessions Khalid
Sheikh Mohammed or any other detainee who--
(1) is not a United States citizen or a member of the Armed
Forces of the United States; and
(2) is or was held on or after June 24, 2009, at the United
States Naval Station, Guantanamo Bay, Cuba, by the Department of
Defense.

Sec. 542.  None of the funds made available in this Act may be used
for first-class travel by the employees of agencies funded by this Act
in contravention of sections 301-10.122 through 301.10-124 of title 41,
Code of Federal Regulations.
Sec. 543.  None of the funds made available in this Act may be used
to propose or effect a disciplinary or adverse action, with respect to
any Department of Homeland Security employee who engages regularly with
the public in the performance of his or

[[Page 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. <> (a) Any company that collects or
retains personal information directly from any individual who
participates in the Registered Traveler program of the Transportation
Security Administration shall safeguard and dispose of such information
in accordance with the requirements in--
(1) the National Institute for Standards and Technology
Special Publication 800-30, entitled ``Risk Management Guide for
Information Technology Systems'';
(2) the National Institute for Standards and Technology
Special Publication 800-53, Revision 3, entitled ``Recommended
Security Controls for Federal Information Systems and
Organizations,''; and
(3) any supplemental standards established by the
Administrator of the Transportation Security Administration
(referred to in this section as the ``Administrator'').

(b) The airport authority or air carrier operator that sponsors the
company under the Registered Traveler program shall be known as the
Sponsoring Entity.
(c) <> The Administrator shall
require any company covered by subsection (a) to provide, not later than
30 days after the date of enactment of this Act, to the Sponsoring
Entity written certification that the procedures used by the company to
safeguard and dispose of information are in compliance with the
requirements under subsection (a). Such certification shall include a
description of the procedures used by the company to comply with such
requirements.

Sec. 546.  <> For fiscal year 2012 and
thereafter, for purposes of section 210C of the Homeland Security Act of
2002 (6 U.S.C. 124j), a rural area shall also include any area that is
located in a metropolitan statistical area and a county, borough,
parish, or area under the jurisdiction of an Indian tribe with a
population of not more than 50,000.

Sec. 547.  <> Notwithstanding any other provision
of this Act, none of the funds appropriated or otherwise made available
by this Act may be used to pay award or incentive fees for contractor
performance that has been judged to be below satisfactory performance or
performance that does not meet the basic requirements of a contract.

Sec. 548. (a) <> Not later than 180 days
after the date of enactment of this Act, the Administrator of the
Transportation Security Administration shall submit to the Committees on
Appropriations of the Senate and the House of Representatives, a report
that either--
(1) certifies that the requirement for screening all air
cargo on passenger aircraft by the deadline under section
44901(g) of title 49, United States Code, has been met; or
(2) includes a strategy to comply with the requirements
under title 44901(g) of title 49, United States Code,
including--

[[Page 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) <> The Administrator
shall continue to submit reports described in subsection (a)(2) every
180 days thereafter until the Administrator certifies that the
Transportation Security Administration has achieved screening of 100
percent of such air cargo.

Sec. 549.  In developing any process to screen aviation passengers
and crews for transportation or national security purposes, the
Secretary of Homeland Security shall ensure that all such processes take
into consideration such passengers' and crews' privacy and civil
liberties consistent with applicable laws, regulations, and guidance.
Sec. 550. (a) <> None of the funds
made available in this Act may be obligated for construction of the
National Bio- and Agro-defense Facility until the Department of Homeland
Security--
(1) completes 50 percent of design planning for the National
Bio- and Agro-defense Facility;
(2) submits to the Committees on Appropriations of the
Senate and the House of Representatives a revised site-specific
biosafety and biosecurity mitigation risk assessment that
describes how to significantly reduce risks of conducting
essential research and diagnostic testing at the National Bio-
and Agro-defense Facility and addresses shortcomings identified
in the National Academy of Sciences' evaluation of the initial
site-specific biosafety and biosecurity mitigation risk
assessment; and
(3) submits to the Committees on Appropriations of the
Senate and the House of Representatives the results of the
National Academy of Sciences' review of the risk assessment as
described in subsection (c).

(b) The revised site-specific biosafety and biosecurity mitigation
risk assessment required by subsection (a) shall--
(1) include a quantitative risk assessment for foot-and-
mouth disease virus, in particular epidemiological and economic
impact modeling to determine the overall risk of operating the
facility for its expected 50-year life span, taking into account
strategies to mitigate risk of foot-and-mouth disease virus
release from the laboratory and ensure safe operations at the
approved National Bio- and Agro-defense Facility site;
(2) address the impact of surveillance, response, and
mitigation plans (developed in consultation with local, State,
and Federal authorities and appropriate stakeholders) if a
release occurs, to detect and control the spread of disease; and
(3) include overall risks of the most dangerous pathogens
the Department of Homeland Security expects to hold in the
National Bio- and Agro-defense Facility's biosafety level 4
facility, and effectiveness of mitigation strategies to reduce
those risks.

[[Page 979]]

(c) <> The Department of Homeland Security shall
enter into a contract with the National Academy of Sciences to evaluate
the adequacy and validity of the risk assessment required by subsection
(a). <> The National Academy of Sciences shall
submit a report on such evaluation within four months after the date the
Department of Homeland Security concludes its risk assessment.

Sec. 551. <> (a) Notwithstanding section 1356(n) of
title 8, United States Code, of the funds deposited into the Immigration
Examinations Fee Account, $10,000,000 shall be available to United
States Citizenship and Immigration Services in fiscal year 2012 for the
purpose of providing an immigrant integration grants program.

(b) None of the funds made available to United States Citizenship
and Immigration Services for grants for immigrant integration may be
used to provide services to aliens who have not been lawfully admitted
for permanent residence.
Sec. 552.  For an additional amount for necessary expenses for
reimbursement of the actual costs to State and local governments for
providing emergency management, public safety, and security at events,
as determined by the Administrator of the Federal Emergency Management
Agency, related to the presence of a National Special Security Event,
$7,500,000, to remain available until September 30, 2013.
Sec. 553.  Notwithstanding the 10 percent limitation contained in
section 503(c) of this Act, the Secretary of Homeland Security may
transfer to the fund established by 8 U.S.C. 1101 note, up to
$20,000,000 from appropriations available to the Department of Homeland
Security:  Provided, <> That the
Secretary shall notify the Committees on Appropriations of the Senate
and the House of Representatives 5 days in advance of such transfer.

Sec. 554.  <> The administrative law judge
annuitants participating in the Senior Administrative Law Judge Program
managed by the Director of the Office of Personnel Management under
section 3323 of title 5, United States Code, shall be available on a
temporary re-employment basis to conduct arbitrations of disputes as
part of the arbitration panel established by the President under section
601 of division A of the American Recovery and Reinvestment Act of 2009
(Public Law 111-5; 123 Stat. 164).

Sec. 555.  <> None of the funds appropriated or
otherwise made available by this Act may be used by the Department of
Homeland Security to enter into any federal contract unless such
contract is entered into in accordance with the requirements of the
Federal Property and Administrative Services Act of 1949 (41 U.S.C. 253)
or Chapter 137 of title 10, United States Code, and the Federal
Acquisition Regulation, unless such contract is otherwise authorized by
statute to be entered into without regard to the above referenced
statutes.

Sec. 556. (a) For an additional amount for data center migration,
$70,000,000.
(b) Funds made available in subsection (a) for data center migration
may be transferred by the Secretary of Homeland Security between
appropriations for the same purpose, notwithstanding section 503 of this
Act.
(c) <> No transfer described in
subsection (b) shall occur until 15 days after the Committees on
Appropriations of the Senate and the House of Representatives are
notified of such transfer.

Sec. 557.  <> For fiscal year 2012 and thereafter,
U.S. Customs and Border Protection's Advanced Training Center is
authorized

[[Page 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 <> 111-83 is amended--
(a) in the matter preceding the first proviso, by striking
``law, sell'' and inserting ``law, hereafter sell''; and
(b) in the first proviso--
(1) by striking ``shall be deposited'' and inserting
``shall hereafter be deposited''; and
(2) by striking ``subject to appropriation,'' and
inserting ``without further appropriations,''.

Sec. 559.  <> Notwithstanding any other provision of law, should the
Secretary of Homeland Security determine that specific U.S. Immigration
and Customs Enforcement Service Processing Centers or other U.S.
Immigration and Customs Enforcement owned detention facilities no longer
meet the mission need, the Secretary is authorized to dispose of
individual Service Processing Centers or other U.S. Immigration and
Customs Enforcement owned detention facilities by directing the
Administrator of General Services to sell all real and related personal
property which support Service Processing Centers or other U.S.
Immigration and Customs Enforcement owned detention facilities, subject
to such terms and conditions as necessary to protect Government
interests and meet program requirements:  Provided, That the proceeds,
net of the costs of sale incurred by the General Services Administration
and U.S. Immigration and Customs Enforcement, shall be deposited as
offsetting collections into a separate account that shall be available,
subject to appropriation, until expended for other real property capital
asset needs of existing U.S. Immigration and Customs Enforcement assets,
excluding daily operations and maintenance costs, as the Secretary deems
appropriate:  Provided further, That any sale or collocation of
federally owned detention facilities shall not result in the maintenance
of fewer than 34,000 detention beds:  Provided
further, <> That the Committees on
Appropriations of the Senate and the House of Representatives shall be
notified 15 days prior to the announcement of any proposed sale or
collocation.

Sec. 560.  For an additional amount for the ``Office of the Under
Secretary for Management'', $55,979,000, to remain available until
expended, for necessary expenses to plan, acquire, construct, renovate,
remediate, equip, furnish, and occupy buildings and facilities for the
consolidation of department headquarters at St. Elizabeths and
associated mission support <> consolidation:  Provided, That the Committees on
Appropriations of the Senate and the House of Representatives shall
receive an expenditure plan not later than 90 days after the date of
enactment of this Act detailing the allocation of these funds.

Sec. 561.  None of the funds made available by this Act may be used
to enforce the requirements in--
(1) section 34(a)(1)(A) of the Federal Fire Prevention and
Control Act of 1974 (15 U.S.C. 2229(a)(1)(A));

[[Page 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.  <> Notwithstanding the
requirement under section 34(a)(1)(A) of the Federal Fire Prevention and
Control Act of 1974 (15 U.S.C. 2229a(a)(1)(A)) that grants must be used
to increase the number of firefighters in fire departments, the
Secretary of Homeland Security, in making grants under section 34 of
such Act using the funds appropriated for fiscal year 2011, shall grant
waivers from the requirements of subsections (a)(1)(B), (c)(1), (c)(2),
and (c)(4)(A) of such section:  Provided, That section 34(a)(1)(E) of
such Act shall not apply with respect to funds appropriated for fiscal
year 2011 for grants under section 34 of such Act:  Provided further,
That the Secretary of Homeland Security, in making grants under section
34 of such Act, shall ensure that funds appropriated for fiscal year
2011 are made available for the hiring, rehiring, or retention of
firefighters.

Sec. 563.  <> For fiscal year 2012 and
thereafter, notwithstanding section 1012(a)(5) of the Oil Pollution Act
of 1990 (33 U.S.C. 2712(a)(5)) and 31 U.S.C. 3302, in the event that a
spill of national significance occurs, any payment of amounts from the
Oil Spill Liability Trust Fund pursuant to section 1012(a)(1) of the Oil
Pollution Act of 1990 (33 U.S.C. 2712(a)(1)) for the removal costs
incurred by the Coast Guard for such spill, shall be credited directly
to the accounts of the Coast Guard current at the time such removal
costs were incurred or when reimbursement is received:  Provided, That
such amounts shall be merged with and, without further appropriations,
made available for the same time period and the same purpose as the
appropriation to which it is credited.

Sec. 564. (a) Civil Penalties for Circumventing Security
Screening.--Section 46301(a)(5)(A)(i) of title 49, United States Code,
is amended--
(1) by striking ``or chapter 449'' and inserting ``chapter
449''; and
(2) by inserting ``, or section 46314(a)'' after ``44909)''.

(b) Criminal Penalties for Circumventing Security Screening.--
Section 46314(b)(2) of title 49, United States Code, is amended by
inserting ``with intent to evade security procedures or restrictions
or'' after ``of this section''.
(c) Notice of Penalties.--Section 46314 of title 49, United States
Code, is amended by adding at the end the following new subsection:
``(c) Notice of Penalties.--
``(1) In general.--Each operator of an airport in the United
States that is required to establish an air transportation
security program pursuant to section 44903(c) shall ensure that
signs that meet such requirements as the Secretary of Homeland
Security may prescribe providing notice of the penalties imposed
under section 46301(a)(5)(A)(i) and subsection (b) of this
section are displayed near all screening locations, all
locations where passengers exit the sterile area, and such other
locations at the airport as the Secretary of Homeland Security
determines appropriate.
``(2) Effect of signs on penalties.--An individual shall be
subject to a penalty imposed under section 46301(a)(5)(A)(i)

[[Page 982]]

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

Sec. 565. <> (a) Short Title.--This section may be cited as the ``Disaster
Assistance Recoupment Fairness Act of 2011''.

(b) Debts Since 2005.--
(1) Definition.--In this section, the term ``covered
assistance'' means assistance provided--
(A) under section 408 of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C.
5174); and
(B) in relation to a major disaster declared by the
President under section 401 of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C.
5170) during the period beginning on August 28, 2005,
and ending on December 31, 2010.
(2) Waiver authority.--The Administrator of the Federal
Emergency Management Agency--
(A) subject to subparagraph (B) and paragraph (3),
may waive a debt owed to the United States related to
covered assistance provided to an individual or
household if--
(i) the covered assistance was distributed
based on an error by the Federal Emergency
Management Agency;
(ii) there was no fault on behalf of the
debtor; and
(iii) the collection of the debt would be
against equity and good conscience; and
(B) may not waive a debt under subparagraph (A) if
the debt involves fraud, the presentation of a false
claim, or misrepresentation by the debtor or any party
having an interest in the claim.
(3) Presumption of repayment.--In determining whether to
waive a debt under paragraph (2), the Administrator of the
Federal Emergency Management Agency shall presume that, if the
adjusted gross income (as defined under section 62 of the
Internal Revenue Code of 1986) of the household of the debtor
for the last taxable year ending in or with the calendar year
preceding the date on which the income is determined exceeds
$90,000, the debtor should be required to make at least a
partial payment on the debt.
(4) Reporting.--Not later than 3 months after the date of
enactment of this Act, and every 3 months thereafter until the
date that is 18 months after the date of enactment of this Act,
the Inspector General of the Department of Homeland Security
shall submit a report that assesses the cost-effectiveness of
the efforts of the Federal Emergency Management Agency to recoup
improper payments under the Individuals and Household Program
under section 408 of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5174) to--
(A) the Committee on Homeland Security and
Governmental Affairs and the Subcommittee on Homeland
Security of the Committee on Appropriations of the
Senate; and

[[Page 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) <> Limitations.--
(1) Any reimbursement provided to or on behalf of a
homeowner pursuant to subsection (a) shall not exceed the amount
of the disaster loan that may be used and was used for disaster
mitigation activities; and
(2) Subsection (a) shall only apply if the disaster loan and
assistance provided under section 404 were made available in
response to the same disaster declaration.
(3) Shall be applicable only to disasters declared by the
President under section 401 of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5170) during the
period beginning on August 28, 2005 and ending on August 28,
2006.

(c) If a state chooses to use funds under section 404 to reimburse
homeowners as provided in subsection (a), it shall make payments in the
following order:
(1) First, to the Small Business Administration on behalf of
the eligible homeowner for the purpose of reducing, but not
below zero, the homeowner's outstanding debt obligation to the
Small Business Administration for the disaster loan; and
(2) Second, any remaining reimbursement shall be paid
directly to the homeowner.

Sec. 567.  <> None of the funds made available under
this Act or any prior appropriations Act may be provided to the
Association of Community Organizations for Reform Now (ACORN), or any of
its affiliates, subsidiaries, or allied organizations.

Sec. 568.  <> The Commissioner of U.S.
Customs and Border Protection and the Assistant Secretary of Homeland
Security for U.S. Immigration and Customs Enforcement each shall submit
to the Committees on Appropriations of the Senate and the House of
Representatives with the congressional budget justification, a multi-
year investment and management plan, to include each year starting with
the current fiscal year and the 3 subsequent fiscal years, for their
respective Offices of Information Technology to include for that
office--
(1) the funding level by source for all funds to be
executed;
(2) the funding included for each project and activity tied
to mission requirements, program management capabilities,
performance levels, and specific capabilities and services to be
delivered;
(3) the total estimated cost and projected timeline of
completion for all multi-year enhancements, modernizations, and
new capabilities proposed in the current fiscal year or
underway; and

[[Page 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;
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 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 <> 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 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 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, <> 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 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. <> Appropriations herein
made shall not be available for the destruction of healthy, unadopted,
wild horses and burros in the care of the Bureau or its contractors or
for the sale of wild horses and burros that results in their destruction
for processing into commercial products.

United States Fish and Wildlife Service

resource management

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

[[Page 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 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 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 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 <> 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 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, <> 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 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, <> 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 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 <> for fiscal year 2012 and each fiscal year thereafter, the term
``qualified Outer Continental Shelf revenues'', as defined in section
102(9)(A) of the Gulf of Mexico Energy Security Act, division C of
Public Law 109-432, shall include only the portion of rental revenues
that would have been collected by the Secretary at the rental rates in
effect before August 5, 1993.

For an additional amount, $62,000,000, to remain available until
expended, which shall be derived from non-refundable inspection fees
collected in fiscal year 2012, as provided in this Act:  Provided, That
to the extent that such amounts are not realized from such fees, the
amount needed to reach $62,000,000 shall be credited to this
appropriation from receipts resulting from rental rates for Outer
Continental Shelf leases in effect before August 5, 1993:  Provided
further, That to the extent that amounts realized from such fees exceed
$62,000,000, the amounts realized in excess of $62,000,000 shall be
credited to this appropriation and remain available until expended:
Provided further, That for fiscal year 2012, not less than 50 percent of
the inspection fees collected by the Bureau of Safety and Environmental
Enforcement will be used to fund personnel and mission-related costs to
expand capacity and expedite the orderly development, subject to
environmental safeguards, of the Outer Continental Shelf pursuant to the
Outer Continental Shelf Lands Act (43 U.S.C. 1331 et seq.), including
the review of applications for permits to drill.

oil spill research

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

Office of Surface Mining Reclamation and Enforcement

regulation and technology

For necessary expenses to carry out the provisions of the Surface
Mining Control and Reclamation Act of 1977, Public Law 95-87, as
amended, $122,950,000, to remain available until September 30, 2013:
Provided, <> That appropriations for the Office
of Surface Mining Reclamation and Enforcement may provide for the travel
and per diem expenses of State and tribal personnel attending Office of
Surface Mining Reclamation and Enforcement sponsored training:  Provided
further, That, in fiscal year 2012, up to $40,000 collected by the
Office of Surface Mining from permit fees pursuant to section 507 of
Public Law 95-87 (30 U.S.C. 1257) shall be credited to this account as
discretionary offsetting collections, to remain available until
expended:  Provided further, That the sum herein appropriated shall be
reduced as collections are received

[[Page 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, <> 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 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, <> 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 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, <> 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 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 <> any other provision of law, no
funds available to the Bureau, other than the amounts provided herein
for assistance to public schools under 25 U.S.C. 452 et seq., shall be
available to support the operation of any elementary or secondary school
in the State of Alaska.

Appropriations made available in this or any other Act for schools
funded by the Bureau shall be available only to the schools in the
Bureau school system as of September 1, 1996. No funds available to the
Bureau shall be used to support expanded grades for any school or
dormitory beyond the grade structure in place or approved by the
Secretary of the Interior at each school in the Bureau school system as
of October 1, 1995, except that any school or school program that was
closed and removed from the Bureau school system between 1951 and 1972,
and its respective tribe's relationship with the Federal Government was
terminated, shall be reinstated to the Bureau system and supported at a
level based on its grade structure and average student enrollment for
the 2009-2010, 2010-2011 and 2011-2012 school years. <> Funds made available under this Act may not be used to
establish a charter school at a Bureau-funded school (as that term is
defined in section 1141 of the Education Amendments of 1978 (25 U.S.C.
2021)), except that a charter school that is in existence on the date of
the enactment of this Act and that has operated at a Bureau-funded
school before September 1, 1999, may continue to operate during that
period, but only if the charter school pays to the Bureau a pro rata
share of funds to reimburse the Bureau for the use of the real and
personal property (including buses and vans), the funds of the charter
school are kept separate and apart from Bureau funds, and the Bureau
does not assume any obligation for charter school programs of the State
in which the school is located if the charter school loses such funding.
Employees of Bureau-funded schools sharing a campus with a charter
school

[[Page 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 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, <> 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 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, <> 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 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 <> 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 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, <> That before obligating any of
the funds provided herein for wildland fire suppression, the Secretary
of the Interior shall obligate all unobligated balances previously made
available under this heading that, when appropriated, were designated by
Congress as an emergency requirement pursuant to the Concurrent
Resolution on the Budget or the Balanced Budget and Emergency Deficit
Control Act of 1985 and notify the Committees on Appropriations of the
House of Representatives and the Senate in writing of the imminent need
to begin obligating funds provided herein for wildland fire suppression:
Provided further, That of the funds made available under this heading
for wildland fire suppression in fiscal year 2011, $82,000,000 are
rescinded.

flame wildfire suppression reserve fund

(including transfer of funds)

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

central hazardous materials fund

For necessary expenses of the Department of the Interior and any of
its component offices and bureaus for the response action,

[[Page 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 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, <> 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 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 1008]]

everglades ecosystem restoration

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

ellis, governors, and liberty islands

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

outer continental shelf inspection fees

Sec. 109. (a) In fiscal year 2012, the Secretary shall collect a
nonrefundable inspection fee, which shall be deposited in the ``Ocean
Energy Management'' account, from the designated operator for facilities
subject to inspection under 43 U.S.C. 1348(c).
(b) Annual fees shall be collected for facilities that are above the
waterline, excluding drilling rigs, and are in place at the start of the
fiscal year. Fees for fiscal year 2012 shall be:
(1) $10,500 for facilities with no wells, but with
processing equipment or gathering lines;
(2) $17,000 for facilities with 1 to 10 wells, with any
combination of active or inactive wells; and
(3) $31,500 for facilities with more than 10 wells, with any
combination of active or inactive wells.

(c) Fees for drilling rigs shall be assessed for all inspections
completed in fiscal year 2012. Fees for fiscal year 2012 shall be:
(1) $30,500 per inspection for rigs operating in water
depths of 500 feet or more; and
(2) $16,700 per inspection for rigs operating in water
depths of less than 500 feet.

(d) <> The Secretary shall bill designated
operators under subsection (b) within 60 days, with payment required
within 30 days of billing. The Secretary shall bill designated operators
under subsection (c) within 30 days of the end of the month in which the
inspection occurred, with payment required within 30 days of billing.

oil and gas leasing internet program

Sec. 110.  Notwithstanding section 17(b)(1)(A) of the Mineral
Leasing Act (30 U.S.C. 226(b)(1)(A)), the Secretary of the Interior

[[Page 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) <> is amended by striking ``in fiscal years
2006 through 2010, for the purpose of reducing the backlog of'' and
inserting ``for fiscal year 2006 and each fiscal year thereafter, for
the purpose of adjudicating''.

bureau of ocean energy management, regulation and enforcement
reorganization

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

authorized use of indian education funds

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

contracts and agreements for wild horse and burro holding facilities

Sec. 114. <> (a) Notwithstanding any other
provision of this Act, the Secretary of the Interior may enter into
multiyear cooperative agreements with nonprofit organizations and other
appropriate entities, and may enter into multiyear contracts in
accordance with the provisions of section 304B of the Federal Property
and Administrative Services Act of 1949 (41 U.S.C. 254c) (except that
the 5-year term restriction in subsection (d) shall not apply), for the
long-term care and maintenance of excess wild free roaming horses and
burros by such organizations or entities on private land. Such
cooperative agreements and contracts may not exceed 10 years, subject to
renewal at the discretion of the Secretary.

(b) During fiscal year 2012 and subsequent fiscal years, in carrying
out work involving cooperation with any State or political subdivision
thereof, the Bureau of Land Management may record obligations against
accounts receivable from any such entities.

bureau of indian education operated schools

Sec. 115. <> (a)(1)
Notwithstanding any other provision of law or Federal regulation,
including section 586(c) of title 40, United States Code, the Director
of the BIE, or the Director's designee,

[[Page 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) <> The Secretary of the Interior
shall promulgate regulations to carry out this section not later than 16
months after the date of the enactment of this Act. Such regulations
shall include--
(1) standards for the appropriate use of Bureau-operated
school lands and facilities by third parties under a rental or
lease agreement;
(2) provisions for the establishment and administration of
mechanisms for the acceptance of consideration for the use and
benefit of a school in accordance with this section (including,
in appropriate cases, the establishment and administration of
trust funds);
(3) accountability standards to ensure ethical conduct; and
(4) provisions for monitoring the amount and terms of
consideration received, the manner in which the consideration is
used, and any results achieved by such use.

(d) <> Provisions of this section shall apply
to fiscal years 2012 through 2014.

authorized use of funds

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

mass marking of salmonids

Sec. 117.  The United States Fish and Wildlife Service shall, in
carrying out its responsibilities to protect threatened and endangered
species of salmon, implement a system of mass marking of salmonid
stocks, intended for harvest, that are released from

[[Page 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) <> Any proposed new use of the
Arizona & California Railroad Company's Right of Way for conveyance of
water shall not proceed unless the Secretary of the Interior certifies
that the proposed new use is within the scope of the Right of Way.

(b) No funds appropriated or otherwise made available to the
Department of the Interior may be used, in relation to any proposal to
store water underground for the purpose of export, for approval of any
right-of-way or similar authorization on the Mojave National Preserve or
lands managed by the Needles Field Office of the Bureau of Land
Management, or for carrying out any activities associated with such
right-of-way or similar approval.

yukon-charley national preserve

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

republic of palau

Sec. 120. (a) In General.--Subject to <> subsection
(c), the United States Government, through the Secretary of the Interior
shall provide to the Government of Palau for fiscal year 2012 grants in
amounts equal to the annual amounts specified in subsections (a), (c),
and (d) of section 211 of the Compact of Free Association between the
Government of the United States of America and the Government of Palau
(48 U.S.C. 1931 note) (referred to in this section as the ``Compact'').

(b) Programmatic Assistance.--Subject to subsection (c), the United
States shall provide programmatic assistance to the Republic of Palau
for fiscal year 2012 in amounts equal to the amounts provided in
subsections (a) and (b)(1) of section 221 of the Compact.
(c) Limitations on Assistance.--
(1) In general.--The grants and programmatic assistance
provided under subsections (a) and (b) shall be provided to the
same extent and in the same manner as the grants and assistance
were provided in fiscal year 2009.
(2) Trust fund.--If the Government of Palau withdraws more
than $5,000,000 from the trust fund established under section
211(f) of the Compact, amounts to be provided under subsections
(a) and (b) shall be withheld from the Government of Palau.

[[Page 1012]]

hiring authorities

Sec. 121. <> (a) Direct Hire Authority.--
(1) During fiscal year 2012 and thereafter, the Secretary of
the Interior may appoint, without regard to the provisions of
subchapter I of chapter 33 of title 5, United States Code, other
than sections 3303 and 3328 of such title, a qualified candidate
described in paragraph (1) directly to a position with a land
managing agency of the Department of the Interior for which the
candidate meets Office of Personnel Management qualification
standards.
(2) <> Paragraph (1) applies with
respect to a former resource assistant (as defined in section
203 of the Public Land Corps Act (16 U.S.C. 1722)) who--
(A) completed a rigorous undergraduate or graduate
summer internship with a land managing agency, such as
the National Park Service Business Plan Internship;
(B) successfully fulfilled the requirements of the
internship program; and
(C) subsequently earned an undergraduate or graduate
degree from an accredited institution of higher
education.
(3) <> The direct hire authority under
this subsection may not be exercised with respect to a specific
qualified candidate after the end of the two-year period
beginning on the date on which the candidate completed the
undergraduate or graduate degree, as the case may be.

(b) Local Hire Authority.--Section 1308 of the Alaska National
Interest Lands Conservation Act of 1980 (16 U.S.C. 3198) is amended--
(1) in subsection (a), by striking ``establish a program''
and inserting ``establish an excepted service appointment
authority,'';
(2) in subsection (b), by striking ``competitive service as
defined in section 2102 of such title for which such person is
eligible under subchapter I of chapter 33 of such title, in
selection to such position'' and inserting ``excepted service as
defined in section 2103 of such title'';
(3) in subsection (e), by redesignating paragraph (2) as
paragraph (3) and inserting after paragraph (1) the following
new paragraph (2):
``(2) Conversion to competitive service.--Employees who
satisfactorily complete two years of continuous service in a
permanent appointment made under subsection (a) and who meet
satisfactory performance and competitive service qualification
requirements shall have their appointment converted to
competitive service career-conditional or career employment as
appropriate. <> This
paragraph applies to individuals appointed on or after March 30,
2009. An employee who does not meet competitive service
qualification requirements after two years of continuous service
in an appointment made under subsection (a) shall be converted
upon meeting such qualification requirements. Temporary and
time-limited appointments will be made in the excepted service.
There is no provision for conversion to competitive service when
appointments are time-limited.''.

(c) Gulf of Mexico Region.--For fiscal years 2012 and 2013, funds
made available in this title for the Bureau of Ocean Energy

[[Page 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. <> For the purposes of this paragraph,
the term ``timely'' means within 120 calendar days after the
date that the challenge to the agency action or amendment at
issue is received for administrative review.

(b) <> Acceptance of Donation of Certain
Existing Permits or Leases.--
(1) During fiscal year 2012 and thereafter, the Secretary of
the Interior shall accept the donation of any valid existing
permits or leases authorizing grazing on public lands within the
California Desert Conservation Area. <> With
respect to each permit or lease donated under this paragraph,
the Secretary shall terminate the grazing permit or lease,
ensure a permanent end (except as provided in paragraph (2)), to
grazing on the land covered by the permit or lease, and make the
land available for mitigation by allocating the forage to
wildlife use consistent with any applicable Habitat Conservation
Plan, section 10(a)(1)(B) permit, or section 7 consultation
under the Endangered Species Act of 1973 (16 U.S.C. 1531 et
seq.).
(2) If the land covered by a permit or lease donated under
paragraph (1) is also covered by another valid existing permit
or lease that is not donated under such paragraph, the Secretary
of the Interior shall reduce the authorized grazing level on the
land covered by the permit or lease to reflect the donation of
the permit or lease under paragraph (1). To ensure that

[[Page 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 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 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, <> 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 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, <> 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 1018]]

fund, and used for eligible purposes of the fund, including
administration:  Provided further, <> That for fiscal year 2012, and notwithstanding section
518(f) of the Act, the Administrator is authorized to use the amounts
appropriated for any fiscal year under section 319 of that Act to make
grants to federally recognized Indian tribes pursuant to sections 319(h)
and 518(e) of that Act:  Provided further, That for fiscal year 2012,
notwithstanding the limitation on amounts in section 518(c) of the
Federal Water Pollution Control Act and section 1452(i) of the Safe
Drinking Water Act, up to a total of 2 percent of the funds appropriated
for State Revolving Funds under such Acts may be reserved by the
Administrator for grants under section 518(c) and section 1452(i) of
such Acts:  Provided further, That for fiscal year 2012, notwithstanding
the amounts specified in section 205(c) of the Federal Water Pollution
Control Act, up to 1.5 percent of the aggregate funds appropriated for
the Clean Water State Revolving Fund program under the Act less any sums
reserved under section 518(c) of the Act, may be reserved by the
Administrator for grants made under title II of the Clean Water Act for
American Samoa, Guam, the Commonwealth of the Northern Marianas, and
United States Virgin Islands:  Provided further, That for fiscal year
2012, notwithstanding the limitations on amounts specified in section
1452(j) of the Safe Drinking Water Act, up to 1.5 percent of the funds
appropriated for the Drinking Water State Revolving Fund programs under
the Safe Drinking Water Act may be reserved by the Administrator for
grants made under section 1452(j) of the Safe Drinking Water Act:
Provided further, <> That not less than 20 percent
but not more than 30 percent of the funds made available under this
title to each State for Clean Water State Revolving Fund capitalization
grants and not less than 20 percent but not more than 30 percent of the
funds made available under this title to each State for Drinking Water
State Revolving Fund capitalization grants shall be used by the State to
provide additional subsidy to eligible recipients in the form of
forgiveness of principal, negative interest loans, or grants (or any
combination of these), and shall be so used by the State only where such
funds are provided as initial financing for an eligible recipient or to
buy, refinance, or restructure the debt obligations of eligible
recipients only where such debt was incurred on or after the date of
enactment of this Act, except that for the Clean Water State Revolving
Fund capitalization grant appropriation this section shall only apply to
the portion that exceeds $1,000,000,000:  Provided further, That no
funds provided by this appropriations Act to address the water,
wastewater and other critical infrastructure needs of the colonias in
the United States along the United States-Mexico border shall be made
available to a county or municipal government unless that government has
established an enforceable local ordinance, or other zoning rule, which
prevents in that jurisdiction the development or construction of any
additional colonia areas, or the development within an existing colonia
the construction of any new home, business, or other structure which
lacks water, wastewater, or other necessary infrastructure:  Provided
further, <> That for fiscal year 2012 and
hereafter, the Administrator may transfer funds provided for tribal set-
asides through funds appropriated for the Clean Water State Revolving
Funds and for the Drinking Water State Revolving Funds between those
accounts in such manner as the Administrator

[[Page 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 <> Administrator of the Environmental Protection
Agency is authorized to collect and obligate pesticide registration
service fees in accordance with section 33 of the Federal Insecticide,
Fungicide, and Rodenticide Act, as amended by Public Law 110-94, the
Pesticide Registration Improvement Renewal Act.

The <> Administrator is authorized to
transfer up to $300,000,000 of the funds appropriated for the Great
Lakes Restoration Initiative under the heading ``Environmental Programs
and Management'' to the head of any Federal department or agency, with
the concurrence of such head, to carry out activities that would support
the Great Lakes Restoration Initiative and Great Lakes Water Quality
Agreement programs, projects, or activities; to enter into an
interagency agreement with the head of such Federal department or agency
to carry out these activities; and to make grants to governmental
entities, nonprofit organizations, institutions, and individuals for
planning, research, monitoring, outreach, and implementation in
furtherance of the Great Lakes Restoration Initiative and the Great
Lakes Water Quality Agreement.

From unobligated balances available to the Administrator of the
Environmental Protection Agency, $50,000,000 are permanently rescinded:
Provided, That of these funds, $5,000,000 shall be rescinded from
unobligated balances within the ``Hazardous Substance Superfund''
account; $5,000,000 shall be rescinded from unobligated Brownfields
balances within the ``State and Tribal Assistance Grants'' account;
$5,000,000 shall be rescinded from unobligated Mexico Border balances
within the ``State and Tribal Assistance Grants'' account; $5,000,000
shall be rescinded from unobligated Diesel Emissions Reduction Act
balances within the ``State and Tribal Assistance Grants'' account;
$20,000,000 shall be rescinded from unobligated categorical grant
balances within the ``State and Tribal Assistance Grants'' account; and
$10,000,000 shall be rescinded from unobligated Clean Water State
Revolving Funds balances within the ``State and Tribal Assistance
Grants'' account:  Provided further, That no amounts may be rescinded
from amounts that were designated by the Congress as an emergency
requirement pursuant to the Concurrent Resolution on the Budget or the
Balanced Budget and Emergency Deficit Control Act of 1985, as amended.

[[Page 1020]]

For <> fiscal year 2012 and
each fiscal year thereafter, the requirements of section 513 of the
Federal Water Pollution Control Act (33 U.S.C. 1372) shall apply to the
construction of treatment works carried out in whole or in part with
assistance made available by a State water pollution control revolving
fund as authorized by title VI of that Act (33 U.S.C. 1381 et seq.), or
with assistance made available under section 205(m) of that Act (33
U.S.C. 1285(m)), or both.

For <> fiscal year 2012
and each fiscal year thereafter, the requirements of section 1450(e) of
the Safe Drinking Water Act (42 U.S.C. 300j-9(e)) shall apply to any
construction project carried out in whole or in part with assistance
made available by a drinking water treatment revolving loan fund as
authorized by section 1452 of that Act (42 U.S.C. 300j-12).

Notwithstanding <> section 104 of the
Comprehensive Environmental Response, Compensation, and Liability Act
(42 U.S.C. 9604), the Administrator may authorize the expenditure or
transfer of up to $10,000,000 from any appropriation in this title, in
addition to the amounts included in the ``Inland Oil Spill Programs''
account, for removal activities related to actual oil spills 5 days
after notifying the House and Senate Committees on Appropriations of the
intention to expend or transfer such funds:
Provided, <> That no funds shall be
expended or transferred under this authority until the Administrator
determines that amounts made available for expenditure in the ``Inland
Oil Spill Programs'' account will be exhausted within 30 days:  Provided
further, That such funds shall be replenished to the appropriation that
was the source of the expenditure or transfer, following EPA's receipt
of reimbursement from the Oil Spill Liability Trust Fund pursuant to the
Oil Pollution Act of 1990.

TITLE III

RELATED AGENCIES

DEPARTMENT OF AGRICULTURE

Forest Service

forest and rangeland research

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

state and private forestry

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

[[Page 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 <> 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 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 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, <> 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 1024]]

pursuant to the Concurrent Resolution on the Budget or the Balanced
Budget and Emergency Deficit Control Act of 1985, as amended:  Provided
further, <> That before obligating any of the funds
provided herein for wildland fire suppression, the Secretary of
Agriculture shall obligate all unobligated balances previously made
available under this heading (including the unobligated balances
transferred to Forest Service accounts under this heading by division B
of the Consolidated Security, Disaster Assistance, and Continuing
Appropriations Act, 2009 (Public Law 110-329, 122 Stat. 3594)) that,
when appropriated, were designated by Congress as an emergency
requirement pursuant to the Concurrent Resolution on the Budget or the
Balanced Budget and Emergency Deficit Control Act of 1985 and notify the
Committees on Appropriations of the House of Representatives and the
Senate in writing of the imminent need to begin obligating funds
provided herein for wildland fire suppression:  Provided
further, <> That funds designated for wildfire
suppression, including funds transferred from the ``FLAME Wildfire
Suppression Reserve Fund'', shall be assessed for cost pools on the same
basis as such assessments are calculated against other agency programs:
Provided further, That of the funds for hazardous fuels reduction, up to
$21,000,000 may be transferred to the ``National Forest System'' to
support the Integrated Resource Restoration pilot program.

Flame Wildfire Suppression Reserve Fund

(including transfers of funds)

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

administrative provisions--forest service

(including transfers of funds)

Appropriations to the Forest Service for the current fiscal year
shall be available for: (1) purchase of passenger motor vehicles;
acquisition of passenger motor vehicles from excess sources, and hire of
such vehicles; purchase, lease, operation, maintenance, and acquisition
of aircraft from excess sources to maintain the operable fleet for use
in Forest Service wildland fire programs and other Forest Service
programs; notwithstanding other provisions of law, existing aircraft
being replaced may be sold, with proceeds derived or trade-in value used
to offset the purchase price for the replacement aircraft; (2) services
pursuant to 7 U.S.C. 2225, and not to exceed $100,000 for employment
under 5 U.S.C. 3109; (3) purchase, erection, and alteration of buildings
and other public improvements (7 U.S.C. 2250); (4) acquisition of land,
waters, and interests therein pursuant to 7 U.S.C. 428a; (5) for
expenses pursuant to the Volunteers in the National Forest Act of 1972
(16 U.S.C.

[[Page 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 <> appropriations or funds
available to the Forest Service may be transferred to the Wildland Fire
Management appropriation for forest firefighting, emergency
rehabilitation of burned-over or damaged lands or waters under its
jurisdiction, and fire preparedness due to severe burning conditions
upon the Secretary's notification of the House and Senate Committees on
Appropriations that all fire suppression funds appropriated under the
headings ``Wildland Fire Management'' and ``FLAME Wildfire Suppression
Reserve Fund'' will be obligated within 30 days:  Provided, That all
funds used pursuant to this paragraph must be replenished by a
supplemental appropriation which must be requested as promptly as
possible.

Funds appropriated to the Forest Service shall be available for
assistance to or through the Agency for International Development in
connection with forest and rangeland research, technical information,
and assistance in foreign countries, and shall be available to support
forestry and related natural resource activities outside the United
States and its territories and possessions, including technical
assistance, education and training, and cooperation with U.S., private,
and international organizations. The Forest Service, acting for the
International Program, may sign direct funding agreements with foreign
governments and institutions as well as other domestic agencies
(including the U.S. Agency for International Development, the Department
of State, and the Millennium Challenge Corporation), U.S. private sector
firms, institutions and organizations to provide technical assistance
and training programs overseas on forestry and rangeland management.
None <> of the funds made available to the
Forest Service in this Act or any other Act with respect to any fiscal
year shall be subject to transfer under the provisions of section 702(b)
of the Department of Agriculture Organic Act of 1944 (7 U.S.C. 2257),
section 442 of Public Law 106-224 (7 U.S.C. 7772), or section 10417(b)
of Public Law 107-107 (7 U.S.C. 8316(b)).

None of the funds available to the Forest Service may be
reprogrammed without the advance approval of the House and Senate
Committees on Appropriations in accordance with the reprogramming
procedures contained in the joint explanatory statement of the managers
accompanying this Act.
Not more than $82,000,000 of funds available to the Forest Service
shall be transferred to the Working Capital Fund of the Department of
Agriculture and not more than $14,500,000 of funds available to the
Forest Service shall be transferred to the Department of Agriculture for
Department Reimbursable Programs, commonly referred to as Greenbook
charges. Nothing in this paragraph shall prohibit or limit the use of
reimbursable agreements requested by the Forest Service in order to
obtain services from the Department of Agriculture's National
Information Technology Center. Nothing in this paragraph shall limit the
Forest Service portion of implementation costs to be paid to the
Department of Agriculture for the Financial Management Modernization
Initiative.
Of the funds available to the Forest Service up to $5,000,000 shall
be available for priority projects within the scope of the approved
budget, which shall be carried out by the Youth Conservation Corps and
shall be carried out under the authority of the

[[Page 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 <> expenses:  Provided further, That
the Foundation shall obtain, by the end of the period of Federal
financial assistance, private contributions to match on at least one-
for-one basis funds made available by the Forest Service:  Provided
further, That the Foundation may transfer Federal funds to a Federal or
a non-Federal recipient for a project at the same rate that the
recipient has obtained the non-Federal matching funds:  Provided
further, That authorized investments of Federal funds held by the
Foundation may be made only in interest-bearing obligations of the
United States or in obligations guaranteed as to both principal and
interest by the United States.

Pursuant to section 2(b)(2) of Public Law 98-244, $3,000,000 of the
funds available to the Forest Service may be advanced to the National
Fish and Wildlife Foundation in a lump sum to aid cost-share
conservation projects, without regard to when expenses are incurred, on
or benefitting National Forest System lands or related to Forest Service
programs:  Provided, That such funds shall be matched on at least a one-
for-one basis by the Foundation or its sub-recipients:  Provided
further, That the Foundation may transfer Federal funds to a Federal or
non-Federal recipient for a project at the same rate that the recipient
has obtained the non-Federal matching funds.
Funds appropriated to the Forest Service shall be available for
interactions with and providing technical assistance to rural
communities and natural resource-based businesses for sustainable rural
development purposes.
Funds appropriated to the Forest Service shall be available for
payments to counties within the Columbia River Gorge National Scenic
Area, pursuant to section 14(c)(1) and (2), and section 16(a)(2) of
Public Law 99-663.
Any funds appropriated to the Forest Service may be used to meet the
non-Federal share requirement in section 502(c) of the Older American
Act of 1965 (42 U.S.C. 3056(c)(2)).
Funds <> available to the Forest Service, not to
exceed $55,000,000, shall be assessed for the purpose of performing
fire, administrative and other facilities maintenance and
decommissioning. Such assessments shall occur using a square foot rate
charged on the same basis the agency uses to assess programs for payment
of rent, utilities, and other support services.

Notwithstanding any other provision of law, any appropriations or
funds available to the Forest Service not to exceed $500,000 may be used
to reimburse the Office of the General Counsel (OGC), Department of
Agriculture, for travel and related expenses incurred

[[Page 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, <> 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 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, <> 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 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 <> 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 1030]]

or tribal organization without fiscal year <> limitation:  Provided further, That none of the funds made
available to the Indian Health Service in this Act shall be used to
implement the final rule published in the Federal Register on September
16, 1987, by the Department of Health and Human Services, relating to
the eligibility for the health care services of the Indian Health
Service until the Indian Health Service has submitted a budget request
reflecting the increased costs associated with the proposed final rule,
and such request has been included in an appropriations Act and enacted
into law:  Provided further, That with respect to functions transferred
by the Indian Health Service to tribes or tribal organizations, the
Indian Health Service is authorized to provide goods and services to
those entities on a reimbursable basis, including payments in advance
with subsequent adjustment, and the reimbursements received therefrom,
along with the funds received from those entities pursuant to the Indian
Self-Determination Act, may be credited to the same or subsequent
appropriation account from which the funds were originally derived, with
such amounts to remain available until expended:  Provided further, That
reimbursements for training, technical assistance, or services provided
by the Indian Health Service will contain total costs, including direct,
administrative, and overhead associated with the provision of goods,
services, or technical <> assistance:  Provided
further, That the appropriation structure for the Indian Health Service
may not be altered without advance notification to the House and Senate
Committees on Appropriations.

National Institutes of Health

national institute of environmental health sciences

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

Agency for Toxic Substances and Disease Registry

toxic substances and environmental public health

For necessary expenses for the Agency for Toxic Substances and
Disease Registry (ATSDR) in carrying out activities set forth in
sections 104(i) and 111(c)(4) of the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980 (CERCLA), as amended;
section 118(f) of the Superfund Amendments and Reauthorization Act of
1986 (SARA), as amended; and section 3019 of the Solid Waste Disposal
Act, as amended, $76,337,000, of which up to $1,000 per eligible
employee of the Agency for Toxic Substances and Disease Registry shall
remain available until expended for Individual Learning Accounts:
Provided, That notwithstanding any other provision of law, in lieu of
performing a health assessment under section 104(i)(6) of CERCLA, the
Administrator of ATSDR may conduct other appropriate health studies,
evaluations, or activities, including, without limitation, biomedical
testing, clinical evaluations, medical monitoring, and referral to
accredited healthcare providers:  Provided further, That in performing
any

[[Page 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, <> $3,153,000:  Provided, That
notwithstanding section 202 of the National Environmental Policy Act of
1970, the Council shall consist of one member, appointed by the
President, by and with the advice and consent of the Senate, serving as
chairman and exercising all powers, functions, and duties of the
Council.

Chemical Safety and Hazard Investigation Board

salaries and expenses

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

Office of Navajo and Hopi Indian Relocation

salaries and expenses

For necessary expenses of the Office of Navajo and Hopi Indian
Relocation as authorized by Public Law 93-531, $7,750,000, to remain
available until expended:  Provided, That funds provided in this or any
other appropriations Act are to be used to relocate

[[Page 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, <> That the Office shall relocate any
certified eligible relocatees who have selected and received an approved
homesite on the Navajo reservation or selected a replacement residence
off the Navajo reservation or on the land acquired pursuant to 25 U.S.C.
640d-10.

Institute of American Indian and Alaska Native Culture and Arts
Development

payment to the institute

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

Smithsonian Institution

salaries and expenses

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

facilities capital

For necessary expenses of repair, revitalization, and alteration of
facilities owned or occupied by the Smithsonian Institution, by contract
or otherwise, as authorized by section 2 of the Act of August 22, 1949
(63 Stat. 623), and for construction, including necessary personnel,
$175,000,000, to remain available until

[[Page 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, <> That during
fiscal year 2012 and any succeeding fiscal year, a single procurement
for construction of the National Museum of African American History and
Culture, as authorized under section 8 of the National Museum of African
American History and Culture Act (20 U.S.C. 80r-6), may be issued that
includes the full scope of the <> project:  Provided
further, That the solicitation and contract shall contain the clause
``availability of funds'' found at 48 CFR 52.232.18.

National Gallery of Art

salaries and expenses

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

repair, restoration, and renovation of buildings

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

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

restriction on use of funds

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

obligation of appropriations

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

prohibition on use of funds for personal services

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

disclosure of administrative expenses

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

[[Page 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. <> (a) Limitation of
Funds.--None of the funds appropriated or otherwise made available
pursuant to this Act shall be obligated or expended to accept or process
applications for a patent for any mining or mill site claim located
under the general mining laws.

(b) Exceptions.--Subsection <> (a) shall not
apply if the Secretary of the Interior determines that, for the claim
concerned (1) a patent application was filed with the Secretary on or
before September 30, 1994; and (2) all requirements established under
sections 2325 and 2326 of the Revised Statutes (30 U.S.C. 29 and 30) for
vein or lode claims, sections 2329, 2330, 2331, and 2333 of the Revised
Statutes (30 U.S.C. 35, 36, and 37) for placer claims, and section 2337
of the Revised Statutes (30 U.S.C. 42) for mill site claims, as the case
may be, were fully complied with by the applicant by that date.

(c) Report.--On September 30, 2013, the Secretary of the Interior
shall file with the House and Senate Committees on Appropriations and
the Committee on Natural Resources of the House and the Committee on
Energy and Natural Resources of the Senate a report on actions taken by
the Department under the plan submitted pursuant to section 314(c) of
the Department of the Interior and Related Agencies Appropriations Act,
1997 (Public Law 104-208).
(d) Mineral Examinations.--In order to process patent applications
in a timely and responsible manner, upon the request of a patent
applicant, the Secretary of the Interior shall allow the applicant to
fund a qualified third-party contractor to be selected by the Director
of the Bureau of Land Management to conduct a mineral examination of the
mining claims or mill sites contained in a patent application as set
forth in subsection (b). The Bureau of Land Management shall have the
sole responsibility to choose and pay the third-party contractor in
accordance with the standard procedures employed by the Bureau of Land
Management in the retention of third-party contractors.

contract support costs

Sec. 408.  Notwithstanding any other provision of law, amounts
appropriated to or otherwise designated in committee reports for the
Bureau of Indian Affairs and the Indian Health Service by Public Laws
103-138, 103-332, 104-134, 104-208, 105-83, 105-277, 106-113, 106-291,
107-63, 108-7, 108-108, 108-447, 109-54, 109-289, division B and
Continuing Appropriations Resolution, 2007 (division B of Public Law
109-289, as amended by Public Laws 110-5 and 110-28), Public Laws 110-
92, 110-116, 110-137, 110-149, 110-161, 110-329, 111-6, 111-8, 111-88,
and 112-10 for payments for contract support costs associated with self-
determination or self-governance contracts, grants, compacts, or annual

[[Page 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.  <> 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 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 1041]]

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

``(a) Protection From Liability for Foreign Firefighters and Foreign
Fire Organizations.--Subject to subsection (b), in an agreement with a
foreign fire organization entered into under section 3, the Secretary of
Agriculture and the Secretary of the Interior may provide that--
``(1) a foreign firefighter shall be considered to be an
employee of the United States for purposes of tort liability
while the foreign firefighter is acting within the scope of an
official duty under the agreement; and
``(2) any claim against the foreign fire organization or any
legal organization associated with the foreign firefighter that
arises out of an act or omission of the foreign firefighter in
the performance of an official duty under the agreement, or that
arises out of any other act, omission, or occurrence for which
the foreign fire organization or legal organization associated
with the foreign firefighter is legally responsible under
applicable law, may be prosecuted only--
``(A) against the United States; and
``(B) as if the act or omission were the act or
omission of an employee of the United States.

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

[[Page 1042]]

contracting authorities

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

limitation on takings

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

timber sale requirements

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

[[Page 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. <> (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 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) <> The Chairperson shall establish
procedures to ensure that no funding provided through a grant,
except a grant made to a State or local arts agency, or regional
group, may be used to make a grant to any other organization or
individual to conduct activity independent of the direct grant
recipient. Nothing in this subsection shall prohibit payments
made in exchange for goods and services.
(3) No grant shall be used for seasonal support to a group,
unless the application is specific to the contents of the
season, including identified programs and/or projects.

national endowment for the arts program priorities

Sec. 419. (a) In providing services or awarding financial assistance
under the National Foundation on the Arts and the Humanities Act of 1965
from funds appropriated under this Act, the Chairperson of the National
Endowment for the Arts shall ensure that priority is given to providing
services or awarding financial assistance for projects, productions,
workshops, or programs that serve underserved populations.
(b) <> In this section:
(1) The term ``underserved population'' means a population
of individuals, including urban minorities, who have
historically been outside the purview of arts and humanities
programs due to factors such as a high incidence of income below
the poverty line or to geographic isolation.
(2) The term ``poverty line'' means the poverty line (as
defined by the Office of Management and Budget, and revised
annually in accordance with section 673(2) of the Community
Services Block Grant Act (42 U.S.C. 9902(2))) applicable to a
family of the size involved.

(c) In providing services and awarding financial assistance under
the National Foundation on the Arts and Humanities Act of 1965 with
funds appropriated by this Act, the Chairperson of the National
Endowment for the Arts shall ensure that priority is given to providing
services or awarding financial assistance for projects, productions,
workshops, or programs that will encourage public knowledge, education,
understanding, and appreciation of the arts.
(d) With funds appropriated by this Act to carry out section 5 of
the National Foundation on the Arts and Humanities Act of 1965--
(1) the Chairperson shall establish a grant category for
projects, productions, workshops, or programs that are of
national impact or availability or are able to tour several
States;
(2) the Chairperson shall not make grants exceeding 15
percent, in the aggregate, of such funds to any single State,
excluding grants made under the authority of paragraph (1);
(3) <> the Chairperson shall
report to the Congress annually and by State, on grants awarded
by the Chairperson in each grant category under section 5 of
such Act; and

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

status of balances of appropriations

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

report on use of climate change funds

Sec. 425.  <> Not later than 120 days after the
date on which the President's fiscal year 2013 budget request is
submitted to Congress, the President shall submit a comprehensive report
to the Committee on Appropriations of the House of Representatives and
the Committee on Appropriations of the Senate describing in detail all
Federal agency funding, domestic and international, for climate change
programs, projects and activities in fiscal year

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

silvicultural activities

Sec. 429.  <> From the date of enactment of this Act until
September 30, 2012, the Administrator of the Environmental Protection
Agency shall not require a permit under section 402 of the Federal Water
Pollution Control Act (33 U.S.C. 1342), nor shall the Administrator
directly or indirectly require any State to require a permit, for
discharges of stormwater runoff from roads, the construction,

[[Page 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 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. <> The Bureau of Land Management shall be bound by the requirements
of this subsection until September 30, 2012.

(d) Voluntary Closure of Allotments.--Nothing in this section shall
be construed as limiting the voluntary closure of existing domestic
sheep allotments when the closure is agreed to in writing between the
permittee and the Secretary of the Interior or the Secretary of
Agriculture and is carried out for the purpose of reducing conflicts
between domestic sheep and bighorn sheep.
(e) Waiver of Grazing Permits and Leases.--The Secretary of the
Interior and the Secretary of Agriculture may accept the voluntary
waiver of any valid existing lease or permit authorizing grazing on
National Forest System land described in subsection (a) or public lands
described in subsection (c). If the grazing permit or lease for a
grazing allotment is only partially within the area of potential
domestic sheep and bighorn sheep contact, the affected permittee may
elect to waive only the portion of the grazing permit or lease that is
within that area. The Secretary concerned shall--
(1) terminate each permit or lease waived or portion of a
permit or lease waived under this subsection;
(2) ensure a permanent end to domestic sheep grazing on the
land covered by the waived permit or lease or waived portion of
the permit or lease unless or until there is no conflict with
bighorn sheep management; and
(3) provide for the reimbursement of range improvements in
compliance with section 4 of the Act of June 28, 1934 (commonly
known as the Taylor Grazing Act; 43 U.S.C. 315c).

air emissions from outer continental shelf activities

Sec. 432. (a) <> It is the purpose of this
section to ensure that the energy policy of the United States focuses on
the expeditious and orderly development of domestic energy resources in
a manner that protects human health and the environment.

(b) Section 328(a)(1) of the Clean Air Act (42 U.S.C. 7627(a)(1)) is
amended--

[[Page 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) <> The transfer of air quality
permitting authority pursuant to this section shall not invalidate or
stay--
(1) any air quality permit pending or existing as of the
date of the enactment of this Act; or
(2) any proceeding related thereto.

(e)(1) <> The Comptroller General of the United States
shall undertake a study on the process for air quality permitting in the
Outer Continental Shelf.

(2) The study shall consist of a comparison of air quality
permitting for Outer Continental Shelf sources (as such term is defined
in section 328(a)(4) of the Clean Air Act (42 U.S.C. 7627(a)(4)) by the
Department of the Interior with such permitting by the Environmental
Protection Agency, taking into account the time elapsed between
application and permit approval, the number of applications, and the
experiences and assessments of the applicants.
(3) <> In carrying out the study, the
Comptroller General shall consult with the Administrator of the
Environmental Protection Agency, the Secretary of the Interior, and
applicants for air quality permits.

(4) <> The Comptroller General shall
complete the study and submit a report on the results of the study to
the Congress not later than September 30, 2014.

funding prohibition

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

limitation with respect to delinquent tax debts

Sec. 434.  <> None of the funds made available
by this Act may be used to enter into a contract, memorandum of
understanding, or cooperative agreement with, make a grant to, or
provide a loan or loan guarantee to, any corporation with respect to
which any unpaid Federal tax liability that has been assessed, for which
all judicial and administrative remedies have been exhausted or have
lapsed, and that is not being paid in a timely manner pursuant

[[Page 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.  <> (a) Notwithstanding any other
provision of law and until October 1, 2013, the Indian Health Service
may not disburse funds for the provision of health care services
pursuant to Public Law 93-638 (25 U.S.C. 450 et seq.) to any Alaska
Native village or Alaska Native village corporation that is located
within the area served by an Alaska Native regional health entity.

(b) Nothing in this section shall be construed to prohibit the
disbursal of funds to any Alaska Native village or Alaska Native village
corporation under any contract or compact entered into prior to May 1,
2006, or to prohibit the renewal of any such agreement.
(c) For the purpose of this section, Eastern Aleutian Tribes, Inc.,
the Council of Athabascan Tribal Governments, and the Native Village of
Eyak shall be treated as Alaska Native regional health entities to which
funds may be disbursed under this section.

general reduction

Sec. 436. (a) Across-the-board Rescissions.--There is hereby
rescinded an amount equal to 0.16 percent of the budget authority
provided for fiscal year 2012 for any discretionary appropriation in
titles I through IV of this Act.
(b) Proportionate Application.--Any rescission made by subsection
(a) shall be applied proportionately--
(1) to each discretionary account and each item of budget
authority described in subsection (a); and
(2) within each such account and item, to each program,
project, and activity (with programs, projects, and activities
as delineated in the appropriation Act or accompanying reports
for the relevant fiscal year covering such account or item, or
for accounts and items not included in appropriation Acts, as
delineated in the most recently submitted President's budget).

(c) <> Indian Land and Water Claim
Settlements.--Under the heading ``Bureau of Indian Affairs, Indian Land
and Water Claim Settlements and Miscellaneous Payments to Indians'', the
across-the-board rescission in this section, and any subsequent across-
the-board rescission for fiscal year 2012, shall apply only to the first
dollar amount in the paragraph and the distribution of the rescission
shall be at the discretion of the Secretary of the Interior who shall
submit a report on such distribution and the rationale therefore to the
House and Senate Committees on Appropriations.

(d) OMB Report.--Within 30 days after the date of the enactment of
this section the Director of the Office of Management and Budget shall
submit to the Committees on Appropriations of the House of
Representatives and the Senate a report specifying the account and
amount of each rescission made pursuant to this section.
This division may be cited as the ``Department of the Interior,
Environment, and Related Agencies Appropriations Act, 2012''.

[[Page 1051]]

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

TITLE I

DEPARTMENT OF LABOR

Employment and Training Administration

training and employment services

(including transfer of funds)

For necessary expenses of the Workforce Investment Act of 1998
(referred to in this Act as ``WIA''), the Second Chance Act of 2007, and
the Women in Apprenticeship and Non-Traditional Occupations Act of 1992
(``WANTO''), including the purchase and hire of passenger motor
vehicles, the construction, alteration, and repair of buildings and
other facilities, and the purchase of real property for training centers
as authorized by the WIA, $3,195,383,000, plus reimbursements, shall be
available. Of the amounts provided:
(1) for grants to States for adult employment and training
activities, youth activities, and dislocated worker employment
and training activities, $2,605,268,000 as follows:
(A) $770,922,000 for adult employment and training
activities, of which $58,922,000 shall be available for
the period July 1, 2012, through June 30, 2013, and of
which $712,000,000 shall be available for the period
October 1, 2012 through June 30, 2013;
(B) $825,914,000 for youth activities, which shall
be available for the period April 1, 2012 through June
30, 2013; and
(C) $1,008,432,000 for dislocated worker employment
and training activities, of which $148,432,000 shall be
available for the period July 1, 2012 through June 30,
2013, and of which $860,000,000 shall be available for
the period October 1, 2012 through June 30, 2013:
Provided, That notwithstanding the transfer limitation under
section 133(b)(4) of the WIA, up to 30 percent of such funds may
be transferred by a local board if approved by the Governor:
Provided further, That a local board may award a contract to an
institution of higher education or other eligible training
provider if the local board determines that it would facilitate
the training of multiple individuals in high-demand occupations,
if such contract does not limit customer choice:  Provided
further, That notwithstanding section 128(a)(1) of the WIA, the
amount available to the Governor for statewide workforce
investment activities shall not exceed 5 percent of the amount
allotted to the State from each of the appropriations under the
preceding subparagraphs;
(2) for federally administered programs, $487,053,000 as
follows:
(A) $224,112,000 for the dislocated workers
assistance national reserve, of which $24,112,000 shall
be available for the period July 1, 2012 through June
30, 2013, and of which $200,000,000 shall be available
for the period

[[Page 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 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, <> 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 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 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 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, <> That an
additional $50,000 shall be made available through September 30, 2013,
for obligation for investment management fees for every $25,000,000 in
assets received by the Corporation as a result of new plan terminations
or asset growth, after approval by the Office of Management and Budget
and notification of the Committees on Appropriations of the House of
Representatives and the Senate:  Provided
further, <> That obligations in excess of the
amounts provided in this paragraph may be incurred for unforeseen and
extraordinary pretermination expenses or extraordinary multiemployer
program related expenses after approval by the Office of Management and
Budget and notification

[[Page 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 1058]]

further, <> That in addition there shall be
transferred to this appropriation from the Postal Service and from any
other corporation or instrumentality required under 5 U.S.C. 8147(c) to
pay an amount for its fair share of the cost of administration, such
sums as the Secretary determines to be the cost of administration for
employees of such fair share entities through September 30, 2012:
Provided further, That of those funds transferred to this account from
the fair share entities to pay the cost of administration of the Federal
Employees' Compensation Act, $59,488,000 shall be made available to the
Secretary as follows:
(1) For enhancement and maintenance of automated data
processing systems and telecommunications systems, $17,253,000;
(2) For automated workload processing operations, including
document imaging, centralized mail intake, and medical bill
processing, $26,769,000;
(3) For periodic roll management and medical review,
$15,466,000; and
(4) The remaining funds shall be paid into the Treasury as
miscellaneous receipts:

Provided further, That the Secretary may require that any person
filing a notice of injury or a claim for benefits under 5 U.S.C. 81, or
the Longshore and Harbor Workers' Compensation Act, provide as part of
such notice and claim, such identifying information (including Social
Security account number) as such regulations may prescribe.

special benefits for disabled coal miners

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

administrative expenses, energy employees occupational illness
compensation fund

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

black lung disability trust fund

(including transfer of funds)

Such <> sums as may be necessary from the
Black Lung Disability Trust Fund (``Fund''), to remain available until
expended, for payment of all benefits authorized by section 9501(d)(1),
(2), (6), and (7) of the Internal Revenue Code of 1986; and repayment
of, and payment of interest on advances, as authorized by section
9501(d)(4) of that Act. In addition, the following amounts may be
expended

[[Page 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, <> That notwithstanding
31 U.S.C. 3302, the Secretary is authorized, during the fiscal year
ending September 30, 2012, to collect and retain fees for services
provided to Nationally Recognized Testing Laboratories, and may utilize
such sums, in accordance with the provisions of 29 U.S.C. 9a, to
administer national and international laboratory recognition programs
that ensure the safety of equipment and products used by workers in the
workplace:  Provided further, <> That none of
the funds appropriated under this paragraph shall be obligated or
expended to prescribe, issue, administer, or enforce any standard, rule,
regulation, or order under the Act which is applicable to any person who
is engaged in a farming operation which does not maintain a temporary
labor camp and employs 10 or fewer employees:  Provided
further, <> That no funds appropriated under
this paragraph shall be obligated or expended to administer or enforce
any standard, rule, regulation, or order under the Act with respect to
any employer of 10 or fewer employees who is included within a category
having a Days Away, Restricted, or Transferred (DART) occupational
injury and illness rate, at the most precise industrial classification
code for which such data are published, less than the national average
rate as such rates are most recently published by the Secretary, acting
through the Bureau of Labor Statistics, in accordance with section 24 of
the Act, except--
(1) to provide, as authorized by the Act, consultation,
technical assistance, educational and training services, and to
conduct surveys and studies;
(2) to conduct an inspection or investigation in response to
an employee complaint, to issue a citation for violations found
during such inspection, and to assess a penalty for violations
which are not corrected within a reasonable abatement period and
for any willful violations found;

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

Mine Safety and Health Administration

salaries and expenses

(including transfer of funds)

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

[[Page 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 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, <> That the
Committees on Appropriations of the House of Representatives and the
Senate are notified at least 15 days in advance of any transfer.

Sec. 103.  <> In accordance with Executive Order
No. 13126, none of the funds appropriated or otherwise made available
pursuant to this Act shall be obligated or expended for the procurement
of goods mined, produced, manufactured, or harvested or services
rendered, in whole or in part, by forced or indentured child labor in
industries and host countries already identified by the United States
Department of Labor prior to enactment of this Act.

Sec. 104.  None of the funds made available to the Department of
Labor for grants under section 414(c) of the American Competitiveness
and Workforce Improvement Act of 1998 may be used

[[Page 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, <> 2013:  Provided, That such funds
shall only be available if the Chief Evaluation Officer

[[Page 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) <> issues, at a minimum, an
interim report which--
(i) evaluates the completeness of MSHA's data
collection and sampling, to include an analysis of
whether such data supports current trends of the
incidence of lung disease arising from
occupational exposure to respirable coal mine dust
across working underground coal miners; and
(ii) assesses the sufficiency of MSHA's
analytical methodology; and
(B) <> not later than 240 days
after enactment of this Act, submits the report
described in subparagraph (A) to the Committees on
Appropriations of the House of Representatives and the
Senate; or
(2) the deadline described in paragraph (1)(B) for
submission of the report has passed.

Sec. 113.  None of the funds made available by this Act may be used
by the Secretary to administer or enforce 29 CFR 779.372(c)(4).
This title may be cited as the ``Department of Labor Appropriations
Act, 2012''.

[[Page 1065]]

TITLE <> II

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Health Resources and Services Administration

primary health care

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

health workforce

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

maternal and child health

For carrying out titles III, XI, XII, and XIX of the PHS Act with
respect to maternal and child health, title V of the Social

[[Page 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, <> That amounts provided to said projects
under such title shall not be expended for abortions, that all pregnancy
counseling

[[Page 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 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 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 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 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 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 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 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 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, <> 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 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, <> 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 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 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, <> 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 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 <> 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 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 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 <> 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 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.  <> The Secretary shall make available through assignment not
more than 60 employees of the Public Health Service to assist in child
survival activities and to work in AIDS programs through and with funds
provided by the Agency for International Development, the United Nations
International Children's Emergency Fund or the World Health
Organization.

Sec. 203.  None of the funds appropriated in this title shall be
used to pay the salary of an individual, through a grant or other
extramural mechanism, at a rate in excess of Executive Level II.
Sec. 204.  <> None of the funds appropriated in this
Act may be expended pursuant to section 241 of the PHS Act, except for
funds specifically provided for in this Act, or for other taps and
assessments made by any office located in HHS, prior to the preparation
and submission of a report by the Secretary to the Committees on
Appropriations of the House of Representatives and the Senate detailing
the planned uses of such funds.

Sec. 205.  <> Notwithstanding section 241(a)
of the PHS Act, such portion as the Secretary shall determine, but not
more than 2.5 percent, of any amounts appropriated for programs
authorized under such Act shall be made available for the evaluation
(directly, or by grants or contracts) of the implementation and
effectiveness of such programs.

(transfer of funds)

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

[[Page 1083]]

in this Act:  Provided further, <> That
the Committees on Appropriations of the House of Representatives and the
Senate are notified at least 15 days in advance of any transfer.

(transfer of funds)

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

(transfer of funds)

Sec. 208.  Of the amounts made available in this Act for NIH, the
amount for research related to the human immunodeficiency virus, as
jointly determined by the Director of NIH and the Director of the Office
of AIDS Research, shall be made available to the ``Office of AIDS
Research'' account. The Director of the Office of AIDS Research shall
transfer from such account amounts necessary to carry out section
2353(d)(3) of the PHS Act.
Sec. 209.  <> None of the funds appropriated in this Act may be made
available to any entity under title X of the PHS Act unless the
applicant for the award certifies to the Secretary that it encourages
family participation in the decision of minors to seek family planning
services and that it provides counseling to minors on how to resist
attempts to coerce minors into engaging in sexual activities.

Sec. 210.  <> Notwithstanding any other
provision of law, no provider of services under title X of the PHS Act
shall be exempt from any State law requiring notification or the
reporting of child abuse, child molestation, sexual abuse, rape, or
incest.

Sec. 211.  <> None of the funds appropriated by
this Act (including funds appropriated to any trust fund) may be used to
carry out the Medicare Advantage program if the Secretary denies
participation in such program to an otherwise eligible entity (including
a Provider Sponsored Organization) because the entity informs the
Secretary that it will not provide, pay for, provide coverage of, or
provide referrals for abortions:  Provided, That the Secretary shall
make appropriate prospective adjustments to the capitation payment to
such an entity (based on an actuarially sound estimate of the expected
costs of providing the service to such entity's enrollees):  Provided
further, That nothing in this section shall be construed to change the
Medicare program's coverage for such services and a Medicare Advantage
organization described in this section shall be responsible for
informing enrollees where to obtain information about all Medicare
covered services.

Sec. 212.  In order for HHS to carry out international health
activities, including HIV/AIDS and other infectious disease, chronic and
environmental disease, and other health activities abroad during fiscal
year 2012:
(1) The Secretary may exercise authority equivalent to that
available to the Secretary of State in section 2(c) of the State
Department Basic Authorities Act of 1956. The Secretary shall
consult with the Secretary of State and relevant Chief of
Mission to ensure that the authority provided in this section

[[Page 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. <> 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 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.  <> Notwithstanding any other
provisions of law, discretionary funds made available in this Act may be
used to continue operating the Council on Graduate Medical Education
established by section 301 of Public Law 102-408.

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

(transfer of funds)

Sec. 217.  Of the amounts made available for NIH, 1 percent of the
amount made available for National Research Service Awards (``NRSA'')
shall be made available to the Administrator of the Health Resources and
Services Administration to make NRSA awards for research in primary
medical care to individuals affiliated with entities who have received
grants or contracts under section 747 of the PHS Act, and 1 percent of
the amount made available for NRSA shall be made available to the
Director of the Agency for Healthcare Research and Quality to make NRSA
awards for health service research.
Sec. 218.  <> None of the funds made available
in this title may be used, in whole or in part, to advocate or promote
gun control.

Sec. 219.  <> None of the
funds appropriated or otherwise made available in this Act may be
expended to advance the creation of a Federally Funded Research and
Development Center at the Centers for Medicare and Medicaid Services,
prior to a Federal Register notice being issued that outlines: how this
proposal would meet the specific requirements identified in FAR 35.017-
2; agency procedures that ensure small business competitiveness is
maintained; and the outline of a transparent award and governance
process to be employed.

Sec. 220. (a) <> The Secretary shall establish a publicly accessible website to
provide information regarding the uses of funds made available under
section 4002 of Public Law 111-148.

(b) With respect to funds provided for fiscal year 2012, the
Secretary shall include on the website established under subsection (a)
at a minimum the following information:
(1) In the case of each transfer of funds under section
4002(c), a statement indicating the program or activity
receiving funds, the operating division or office that will
administer the funds, and the planned uses of the funds, to be
posted not later than the day after the transfer is made.
(2) Identification (along with a link to the full text) of
each funding opportunity announcement, request for proposals, or
other announcement or solicitation of proposals for grants,
cooperative agreements, or contracts intended to be awarded
using such funds, to be posted not later than the day after the
announcement or solicitation is issued.
(3) <> Identification of each grant,
cooperative agreement, or contract with a value of $25,000 or
more awarded using such funds, including the purpose of the
award and the identity

[[Page 1086]]

of the recipient, to be posted not later than 5 days after the
award is made.
(4) <> A report detailing the uses
of all funds transferred under section 4002(c) during the fiscal
year, to be posted not later than 90 days after the end of the
fiscal year.
(5) <> Semi-annual
reports from each entity awarded a grant, cooperative agreement,
or contract from such funds with a value of $25,000 or more,
summarizing the activities undertaken and identifying any sub-
grants or sub-contracts awarded (including the purpose of the
award and the identity of the recipient), to be posted not later
than 30 days after the end of each 6-month period.

Sec. 221. (a) Establishment of National Center for Advancing
Translational Sciences; Elimination of National Center for Research
Resources.--
(1) In general.--Subpart 1 of part E of title IV of the
Public Health Service Act (42 U.S.C. 287 et seq.) is amended--
(A) in the subpart heading, by striking ``National
Center for Research Resources'' and inserting ``National
Center for Advancing Translational Sciences'';
(B) by striking sections 480 and <> 481; and
(C) by amending section 479 to read as follows:
``SEC. 479. <> NATIONAL CENTER FOR ADVANCING
TRANSLATIONAL SCIENCES.

``(a) Purpose.--The purpose of the National Center for Advancing
Translational Sciences (in this subpart referred to as the `Center') is
to advance translational sciences, including by--
``(1) coordinating and developing resources that leverage
basic research in support of translational science; and
``(2) developing partnerships and working cooperatively to
foster synergy in ways that do not create duplication,
redundancy, and competition with industry activities.

``(b) Clinical Trial Activities.--
``(1) In general.--The Center may develop and provide
infrastructure and resources for all phases of clinical trials
research. Except as provided in paragraph (2), the Center may
support clinical trials only through the end of phase IIA.
``(2) Exception.--The Center may support clinical trial
activities through the end of phase IIB for a treatment for a
rare disease or condition (as defined in section 526 of the
Federal Food, Drug, and Cosmetic Act) so long as--
``(A) <> the Center
gives public notice for a period of at least 120 days of
the Center's intention to support the clinical trial
activities in phase IIB;
``(B) no public or private organization provides
credible written intent to the Center that the
organization has timely plans to further the clinical
trial activities or conduct clinical trials of a similar
nature beyond phase IIA; and
``(C) the Center ensures that support of the
clinical trial activities in phase IIB will not increase
the Federal Government's liability beyond the award
value of the Center's support.

``(c) Annual Report.--The Center shall publish an annual report
that, with respect to all research supported by the Center, includes a
complete list of--
``(1) the molecules being studied;

[[Page 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) <> 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 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) <> Construction of regional centers
for research on primates.--Section 481B of the Public Health
Service Act (42 U.S.C. 287a-3)--
(A) is redesignated as section 404J and is moved to
follow section 404I, as redesignated by paragraph (1);
and
(B) in subsection (a), is amended--
(i) by striking ``by the National Center for
Research Resources'' and inserting ``by the
Director of NIH, acting through the Office of the
Director of NIH,''; and
(ii) by striking ``481A'' and inserting
``404I''.
(3) <> Sanctuary system for surplus
chimpanzees.--Section 481C of the Public Health Service Act (42
U.S.C. 287a-3a)--
(A) is redesignated as section 404K and is moved to
follow section 404J, as redesignated by paragraph (2);
and
(B) in subsection (d)(4)(A)(ii), is amended by
striking ``that is carried out by the National Center
for Research Resources'' and inserting ``that is carried
out by the Director of NIH, acting through the Office of
the Director of NIH,''.
(4) <> Shared instrumentation grant
program.--Section 305 of the Public Health Improvement Act (42
U.S.C. 287 note)--
(A) is redesignated as section 404L of the Public
Health Service Act and is moved to follow section 404K
of that Act, as redesignated by paragraph (3); and
(B) is amended--
(i) by striking subsection (a) and
redesignating subsections (b) and (c) as
subsections (a) and (b), respectively;
(ii) in subsection (a), as so redesignated, by
striking ``under the program described in
subsection (a)'' and inserting ``under the Shared
Instrumentation Grant Program'';
(iii) by striking ``Director of the National
Center for Research Resources'' each place it
appears and inserting ``Director of NIH, acting
through the Office of the Director of NIH,''; and
(iv) in subsection (b), as so redesignated--
(I) by striking ``in subsection
(a)'' and inserting ``in subsection (a),
the''; and
(II) by striking ``of the Public
Health Service Act (42 U.S.C. 289a)''.
(5) Institutional development award program.--Title IV of
the Public Health Service Act (42 U.S.C. 281 et seq.) is
amended--
(A) in section 461, <> by
striking the section heading and designation and all
that follows through ``The general purpose'' and
inserting the following:

[[Page 1089]]

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

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

``(b) Institutional Development Award Program.--
``(1)(A) In the case of'';
(ii) by moving two ems to the right--
(I) subparagraphs (B) and (C) of
paragraph (1);
(II) clauses (i), (ii), and (iii) of
such subparagraph (C); and
(III) paragraph (2); and
(iii) in paragraph (1)(A), by striking
``acting through the Director of the National
Center for Research Resources'' and inserting
``acting through the Director of the National
Institute of General Medical Sciences''.

(c) Assignment of Certain Offices and Functions to National Center
for Advancing Translational Sciences.--
(1) <> Cures acceleration network.--
Section 402C of the Public Health Service Act (42 U.S.C. 282d)--
(A) is redesignated as section 480 and is moved to
follow section 479;
(B) in subsection (b), is amended in the matter that
precedes paragraph (1) by striking ``within the Office
of the Director of NIH'' and inserting ``within the
Center'';
(C) by striking ``Director of NIH'' each place it
appears and inserting ``Director of the Center''; and
(D) in the headings of subsections (d)(4) and
(d)(4)(B), by striking ``Director of nih'' each place it
appears and inserting ``Director of the center''.
(2) Office of rare diseases.--Title IV of the Public Health
Service Act (42 U.S.C. 281 et seq.) is amended--
(A) in section 404F--
(i) <> by
redesignating such section as section 481 and
moving such section to follow section 480, as
redesignated by paragraph (1);
(ii) <> in subsection
(a)--
(I) by striking ``within the Office
of the Director of NIH'' and inserting
``within the Center''; and
(II) by striking ``Director of NIH''
and inserting ``Director of the
Center''; and
(iii) <> in subsection
(b)(1)(C), by striking ``404G'' and inserting
``481A''; and
(B) in section 401(c)(2)(A), <> by striking ``the Office of Rare Diseases,''.
(3) <> Rare disease regional centers
of excellence.--Section 404G of the Public Health Service Act
(42 U.S.C. 283i) is redesignated as section 481A and is moved to
follow section 481, as redesignated by paragraph (2).
(4) General clinical research centers.--Section 481D of the
Public Health Service Act (42 U.S.C. 287a-4)--
(A) is redesignated as section 481B; and

[[Page 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.  <> The discretionary appropriation for
CDC is hereby reduced by $20,000,000:  Provided, That the reduction
should be taken from contracting and administrative costs in each of the
CDC accounts.

This title may be cited as the ``Department of Health and Human
Services Appropriations Act, 2012''.

TITLE <> III

DEPARTMENT OF EDUCATION

Education for the Disadvantaged

For carrying out title I of the Elementary and Secondary Education
Act of 1965 (referred to in this Act as ``ESEA'') and section 418A of
the Higher Education Act of 1965 (referred to in this Act as ``HEA''),
$15,750,983,000, of which $4,817,117,000 shall become available on July
1, 2012, and shall remain available through September 30, 2013, and of
which $10,841,177,000 shall become available on October 1, 2012, and
shall remain available through September 30, 2013, for academic year
2012-2013:  Provided, That $6,584,750,000 shall be for basic grants
under section 1124 of the ESEA:  Provided further, That up to $3,992,000
of these funds shall be available to the Secretary of Education
(referred to in this title as ``Secretary'') on October 1, 2011, to
obtain annually updated local educational agency-level census poverty
data from the Bureau of the Census:  Provided further, That
$1,362,301,000 shall be for concentration grants under section 1124A of
the ESEA:  Provided further, That $3,288,183,000 shall be for targeted
grants under section 1125 of the ESEA:  Provided further, That
$3,288,183,000 shall be for education finance incentive grants under
section 1125A of the ESEA:  Provided further, That $3,200,000 shall be
to carry out sections 1501 and 1503 of the ESEA:  Provided further, That
$534,562,000 shall be available for school improvement grants under
section 1003(g) of the ESEA, which shall be allocated by the Secretary
through the formula described in section 1003(g)(2) and shall be used
consistent with the requirements of section 1003(g), except that State
and local educational agencies

[[Page 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 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, <> 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 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, <> That $300,000,000 of the
funds for subpart 1 of part D of title V of the ESEA shall be for
competitive grants to local educational agencies, including charter
schools that are local educational agencies, or States, or partnerships
of: (1) a local educational agency, a State, or both; and (2) at least
one nonprofit organization to develop and implement performance-based
compensation systems for teachers, principals, and other personnel in
high-need schools:  Provided further, That such performance-based
compensation systems must consider gains in student academic achievement
as well as classroom evaluations conducted multiple times during each
school year among other factors and provide educators with incentives to
take on additional responsibilities and leadership roles:  Provided
further, That recipients of such grants shall demonstrate that such
performance-based compensation systems are developed with the input of
teachers and school leaders in the schools and local educational
agencies to be served by the grant:  Provided further, That recipients
of such grants may use such funds to develop or improve systems and
tools (which may be developed and used for the entire local educational
agency or only for schools served under the grant) that would enhance
the quality and success of the compensation system, such as high-quality
teacher evaluations and tools to measure growth in
student <> achievement:  Provided further, That
applications for such grants shall include a plan to sustain financially
the activities conducted and systems developed under the grant once the
grant period has expired:  Provided further, That up to 5 percent of
such funds for competitive grants shall be available for technical
assistance, training, peer review of applications, program outreach, and
evaluation activities:  Provided further, That of the funds available
for part B of title V of the ESEA, the Secretary shall use not less than
$23,000,000 to carry out activities under section 5205(b) and under
subpart 2:  Provided further, That of the funds available for subpart 1
of part B of title V of the ESEA, and notwithstanding section 5205(a),
the

[[Page 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, <> That each application submitted pursuant to
section 5203(a) shall describe a plan to monitor and hold accountable
authorized public chartering agencies through such activities as
providing technical assistance or establishing a professional
development program, which may include evaluation, planning, training,
and systems development for staff of authorized public chartering
agencies to improve the capacity of such agencies in the State to
authorize, monitor, and hold accountable charter schools:  Provided
further, <> That each application
submitted pursuant to section 5203(a) shall contain assurances that
State law, regulations, or other policies require that: (1) each
authorized charter school in the State operate under a legally binding
charter or performance contract between itself and the school's
authorized public chartering agency that describes the obligations and
responsibilities of the school and the public chartering agency; conduct
annual, timely, and independent audits of the school's financial
statements that are filed with the school's authorized public chartering
agency; and demonstrate improved student academic achievement; and (2)
authorized public chartering agencies use increases in student academic
achievement for all groups of students described in section
1111(b)(2)(C)(v) of the ESEA as the most important factor when
determining to renew or revoke a school's charter.

Safe Schools and Citizenship Education

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

English Language Acquisition

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

Special Education

For carrying out the Individuals with Disabilities Education Act
(``IDEA'') and the Special Olympics Sport and Empowerment Act of 2004,
$12,647,066,000, of which $3,115,716,000 shall become available on July
1, 2012, and shall remain available through

[[Page 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 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 1097]]

The <> maximum Pell Grant for which a
student shall be eligible during award year 2012-2013 shall be $4,860.

Student Aid Administration

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

Higher Education

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

Howard University

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

College Housing and Academic Facilities Loans Program

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

[[Page 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 1099]]

General Provisions

Sec. 301.  <> No funds appropriated in
this Act may be used for the transportation of students or teachers (or
for the purchase of equipment for such transportation) in order to
overcome racial imbalance in any school or school system, or for the
transportation of students or teachers (or for the purchase of equipment
for such transportation) in order to carry out a plan of racial
desegregation of any school or school system.

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

(transfer of funds)

Sec. 304.  Not to exceed 1 percent of any discretionary funds
(pursuant to the Balanced Budget and Emergency Deficit Control Act of
1985) which are appropriated for the Department of Education in this Act
may be transferred between appropriations, but no such appropriation
shall be increased by more than 3 percent by any such transfer:
Provided, That the transfer authority granted by this section shall not
be used to create any new program or to fund any project or activity for
which no funds are provided in this Act:  Provided
further, <> That the Committees on
Appropriations of the House of Representatives and the Senate are
notified at least 15 days in advance of any transfer.

Sec. 305.  The Outlying Areas may consolidate funds received under
this Act, pursuant to 48 U.S.C. 1469a, under part A of title V of the
ESEA.
Sec. 306.  <> Section
105(f)(1)(B)(ix) of the Compact of Free Association Amendments Act of
2003 (48 U.S.C. 1921d(f)(1)(B)(ix)) shall be applied by substituting
``2012'' for ``2009''.

Sec. 307. (a) Notwithstanding any other provision of law, the
Secretary is authorized to modify the terms and conditions of gulf
hurricane disaster loans to affected institutions pursuant to section
2601 of Public Law 109-234 using the authority provided herein, on such
terms as the Secretary, the Secretary of the Treasury, and the Director
of the Office of Management and Budget jointly determine are in the best
interests of both the United States and the borrowers, and necessary to
mitigate the economic effects of Hurricanes Katrina and Rita. Any
modification under this section shall not result in any net cost to the
Federal Government, as jointly determined by the Secretary, the
Secretary of the Treasury, and the Director of the Office of Management
and Budget, beginning on the date on which the Secretary modifies a loan
under this section.

[[Page 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) <> is amended by inserting before the period, ``except that such a
State may use its grant funds to make subgrants to public or private
agencies and organizations for activities consistent with the purposes
of the grant''.

Sec. 309. (a) Federal Pell Grant Eligibility.--
(1) Minimum level.--Section 401(b)(4) of the HEA (20 U.S.C.
1070a(b)(4)) is amended by striking ``, except that'' and all
that follows and inserting a period.
(2) Duration of award period.--Section 401(c)(5) of the HEA
(20 U.S.C. 1070a(c)(5)) is amended--
(A) by striking ``18'' each place it appears and
inserting ``12''; and
(B) by striking the last sentence.

(b) Zero Expected Family Contribution.--Section 479(c) of the HEA
(20 U.S.C. 1087ss(c)) is amended--
(1) in paragraph (1)(B), by striking ``$30,000'' and
inserting ``$23,000''; and
(2) in paragraph (2)(B), by striking ``$30,000'' and
inserting ``$23,000''.

(c) Students Who Are Not High School Graduates.--
(1) Amendment.--Section 484(d) of the HEA (20 U.S.C.
1091(d)) is amended--
(A) in the matter preceding paragraph (1), by
striking ``meet one of the following standards:'';
(B) by striking paragraphs (1), (2), and (4); and
(C) in paragraph (3), by striking ``(3) The student
has'' and inserting ``have''; and
(2) <> Transition.--
The amendment made by paragraph (1) shall apply to students who
first enroll in a program of study on or after July 1, 2012.

[[Page 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) <> The amendment made by paragraph (1) shall apply to new
Federal Direct Stafford Loans made on or after July 1, 2012 and
before July 1, 2014.

(e) Revised Special Allowance Calculation.--
(1) Revised calculation rule.--Section 438(b)(2)(I) of the
HEA (20 U.S.C. 1087-1(b)(2)(I)) is amended by adding at the end
the following:
``(vii) Revised calculation rule to reflect
financial market conditions.--
``(I) <> Calculation based on libor.--
For the calendar quarter beginning on
April 1, 2012 and each subsequent
calendar quarter, in computing the
special allowance paid pursuant to this
subsection with respect to loans
described in subclause (II), clause
(i)(I) of this subparagraph shall be
applied by substituting `of the 1-month
London Inter Bank Offered Rate (LIBOR)
for United States dollars in effect for
each of the days in such quarter as
compiled and released by the British
Bankers Association' for `of the quotes
of the 3-month commercial paper
(financial) rates in effect for each of
the days in such quarter as reported by
the Federal Reserve in Publication H-15
(or its successor) for such 3-month
period'.
``(II) Loans eligible for libor-
based calculation.--The special
allowance paid pursuant to this
subsection shall be calculated as
described in subclause (I) with respect
to special allowance payments for the 3-
month period ending June 30, 2012, and
each succeeding 3-month period, on loans
for which the first disbursement is made
on or after January 1, 2000, and before
July 1, 2010, if, not later than April
1, 2012, the holder of the loan (or, if
the holder acts as eligible lender
trustee for the beneficial owner of the
loan, the beneficial owner of the loan),
affirmatively and permanently waives all
contractual, statutory, or other legal
rights to a special allowance paid
pursuant to this subsection that is
calculated using the formula in effect
at the time the loans were first
disbursed.
``(III) Terms of waiver.--

``(aa) <> 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 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 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) <> Effective Date.--The amendments made
by subsections (a), (b), and (c) shall take effect on July 1, 2012.

(h) <> Inapplicability of Negotiated
Rulemaking and Master Calendar Exception.--Sections 482(c) and 492 of
the HEA (20 U.S.C. 1089(c), 1098a) shall not apply to the amendments
made by this section, or to any regulations promulgated under those
amendments.

This title may be cited as the ``Department of Education
Appropriations Act, 2012''.

TITLE IV

RELATED AGENCIES

Committee for Purchase From People Who Are Blind or Severely Disabled

salaries and expenses

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

Corporation for National and Community Service

operating expenses

For necessary expenses for the Corporation for National and
Community Service (referred to in this title as ``CNCS'') to carry out
the Domestic Volunteer Service Act of 1973 (referred to in this title as
``1973 Act'') and the National and Community Service Act of 1990
(referred to in this title as ``1990 Act''), $751,672,000,
notwithstanding sections 198B(b)(3), 198S(g), 501(a)(4)(C), and
501(a)(4)(F) of the 1990 Act:  Provided, That of the amounts provided
under this heading: (1) up to 1 percent of program grant funds may be
used to defray the costs of conducting grant application reviews,
including the use of outside peer reviewers and electronic management of
the grants cycle; (2) $44,900,000 shall be available for expenses
authorized under section 501(a)(4)(E) of the 1990 Act; (3) $2,000,000
shall be available for expenses to carry out sections

[[Page 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, <> That, with respect to amounts provided
under this heading for State Service Commissions, section 126 of the
1990 Act shall be applied by substituting ``$200,000'' for ``$250,000''
each place that it appears.

national service trust

(including transfer of funds)

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

salaries and expenses

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

office of inspector general

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

administrative provisions

Sec. 401.  <> CNCS shall make any
significant changes to program requirements, service delivery or policy
only through public notice and comment rulemaking. For fiscal year 2012,
during any grant selection process, an officer or employee of CNCS shall
not knowingly disclose any covered grant selection information regarding
such selection, directly or indirectly, to any person other than an
officer or employee of CNCS that is authorized by CNCS to receive such
information.

[[Page 1105]]

Sec. 402.  <> AmeriCorps
programs receiving grants under the National Service Trust program shall
meet an overall minimum share requirement of 24 percent for the first 3
years that they receive AmeriCorps funding, and thereafter shall meet
the overall minimum share requirement as provided in section 2521.60 of
title 45, Code of Federal Regulations, without regard to the operating
costs match requirement in section 121(e) or the member support Federal
share limitations in section 140 of the 1990 Act, and subject to partial
waiver consistent with section 2521.70 of title 45, Code of Federal
Regulations.

Sec. 403.  Donations made to CNCS under section 196 of the 1990 Act
for the purposes of financing programs and operations under titles I and
II of the 1973 Act or subtitle B, C, D, or E of title I of the 1990 Act
shall be used to supplement and not supplant current programs and
operations.
Sec. 404.  In addition to the requirements in section 146(a) of the
1990 Act, use of an educational award for the purpose described in
section 148(a)(4) shall be limited to individuals who are veterans as
defined under section 101 of the Act.

Corporation for Public Broadcasting

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

Federal Mediation and Conciliation Service

salaries and expenses

For expenses necessary for the Federal Mediation and Conciliation
Service (``Service'') to carry out the functions vested in it by the
Labor-Management Relations Act, 1947, including hire of passenger motor
vehicles; for expenses necessary for the Labor-Management Cooperation
Act of 1978; and for expenses necessary for the Service to carry out the
functions vested in it by the Civil Service Reform Act, $46,250,000:
Provided, That notwithstanding 31 U.S.C. 3302, fees charged, up to full-
cost recovery, for special training activities and other conflict
resolution services and technical assistance, including those provided
to foreign governments and international organizations, and for
arbitration services shall be credited to and merged with this account,
and shall remain available until expended:  Provided
further, <> That fees for arbitration

[[Page 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 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 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 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 <> telecommunications
infrastructure:  Provided further, That the Commissioner of Social
Security shall notify the Committees on Appropriations of the House of
Representatives and the Senate prior to making unobligated balances
available under the authority in the previous proviso:  Provided
further, That reimbursement to the trust funds under this heading for
expenditures for official time for employees of the Social Security
Administration pursuant to 5 U.S.C. 7131, and for facilities or support
services for labor organizations pursuant to policies, regulations, or
procedures referred to in section 7135(b) of such title shall be made by
the Secretary of the Treasury, with interest, from amounts in the
general fund not otherwise appropriated, as soon as possible after such
expenditures are made.

In addition, for continuing disability reviews under titles II and
XVI of the Social Security Act and for the cost associated with
conducting redeterminations of eligibility under title XVI of the Social
Security Act, $274,000,000 may be expended, as authorized by section
201(g)(1) of the Social Security Act, from any one or all of the trust
funds referred to therein:  Provided, <> That
the Commissioner shall provide to the Congress (at the conclusion of the
fiscal year) a report on the obligation and expenditure of these funds,
similar to the reports that were required by section 103(d)(2) of Public
Law 104-121 for fiscal years 1996 through 2002.

In addition, $161,000,000 to be derived from administration fees in
excess of $5.00 per supplementary payment collected pursuant to section
1616(d) of the Social Security Act or section 212(b)(3) of Public Law
93-66, which shall remain available until expended. To the extent that
the amounts collected pursuant to such sections in fiscal year 2012
exceed $161,000,000, the amounts shall be available in fiscal year 2013
only to the extent provided in advance in appropriations Acts.
In addition, up to $1,000,000 to be derived from fees collected
pursuant to section 303(c) of the Social Security Protection Act, which
shall remain available until expended.

office of inspector general

(including transfer of funds)

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

[[Page 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. <> (a) No part of any appropriation
contained in this Act or transferred pursuant to section 4002 of Public
Law 111-148 shall be used, other than for normal and recognized
executive-legislative relationships, for publicity or propaganda
purposes, for the preparation, distribution, or use of any kit,
pamphlet, booklet, publication, electronic communication, radio,
television, or video presentation designed to support or defeat the
enactment of legislation before the Congress or any State or local
legislature or legislative body, except in presentation to the Congress
or any State or local legislature itself, or designed to support or
defeat any proposed or pending regulation, administrative action, or
order issued by the executive branch of any State or local government,
except in presentation to the executive branch of any State or local
government itself.

(b) No part of any appropriation contained in this Act or
transferred pursuant to section 4002 of Public Law 111-148 shall be used
to pay the salary or expenses of any grant or contract recipient, or
agent acting for such recipient, related to any activity designed to
influence the enactment of legislation, appropriations, regulation,
administrative action, or Executive order proposed or pending before the
Congress or any State government, State legislature or local legislature
or legislative body, other than for normal and recognized executive-
legislative relationships or participation by an agency or officer of a
State, local or tribal government in policymaking and administrative
processes within the executive branch of that government.
(c) <> The prohibitions in subsections (a) and
(b) shall include any activity to advocate or promote any proposed,
pending or future Federal, State or local tax increase, or any proposed,
pending, or future requirement or restriction on any legal consumer
product, including its sale or marketing, including but not limited to
the advocacy or promotion of gun control.

Sec. 504.  The Secretaries of Labor and Education are authorized to
make available not to exceed $28,000 and $20,000, respectively, from
funds available for salaries and expenses under titles I and III,
respectively, for official reception and representation expenses; the
Director of the Federal Mediation and Conciliation Service is authorized
to make available for official reception and

[[Page 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. <> (a) None of the funds appropriated in
this Act, and none of the funds in any trust fund to which funds are
appropriated in this Act, shall be expended for any abortion.

(b) None of the funds appropriated in this Act, and none of the
funds in any trust fund to which funds are appropriated in this Act,
shall be expended for health benefits coverage that includes coverage of
abortion.
(c) <> The term ``health benefits coverage''
means the package of services covered by a managed care provider or
organization pursuant to a contract or other arrangement.

Sec. 507. <> (a) The limitations established in the
preceding section shall not apply to an abortion--
(1) if the pregnancy is the result of an act of rape or
incest; or
(2) in the case where a woman suffers from a physical
disorder, physical injury, or physical illness, including a
life-endangering physical condition caused by or arising from
the pregnancy itself, that would, as certified by a physician,
place the woman in danger of death unless an abortion is
performed.

(b) Nothing in the preceding section shall be construed as
prohibiting the expenditure by a State, locality, entity, or private
person of State, local, or private funds (other than a State's or
locality's contribution of Medicaid matching funds).
(c) Nothing in the preceding section shall be construed as
restricting the ability of any managed care provider from offering
abortion coverage or the ability of a State or locality to contract
separately with such a provider for such coverage with State funds
(other than a State's or locality's contribution of Medicaid matching
funds).
(d)(1) None of the funds made available in this Act may be made
available to a Federal agency or program, or to a State or local
government, if such agency, program, or government subjects any
institutional or individual health care entity to discrimination on the
basis that the health care entity does not provide, pay for, provide
coverage of, or refer for abortions.
(2) <> In this subsection, the term ``health care
entity'' includes an individual physician or other health care
professional, a hospital,

[[Page 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) <> the creation of a human embryo
or embryos for research purposes; or
(2) research in which a human embryo or embryos are
destroyed, discarded, or knowingly subjected to risk of injury
or death greater than that allowed for research on fetuses in
utero under 45 CFR 46.204(b) and section 498(b) of the Public
Health Service Act (42 U.S.C. 289g(b)).

(b) <> For purposes of this section, the term
``human embryo or embryos'' includes any organism, not protected as a
human subject under 45 CFR 46 as of the date of the enactment of this
Act, that is derived by fertilization, parthenogenesis, cloning, or any
other means from one or more human gametes or human diploid cells.

Sec. 509. <> (a) None of the funds made
available in this Act may be used for any activity that promotes the
legalization of any drug or other substance included in schedule I of
the schedules of controlled substances established under section 202 of
the Controlled Substances Act except for normal and recognized
executive-congressional communications.

(b) The limitation in subsection (a) shall not apply when there is
significant medical evidence of a therapeutic advantage to the use of
such drug or other substance or that federally sponsored clinical trials
are being conducted to determine therapeutic advantage.
Sec. 510.  <> None of the funds made
available in this Act may be used to promulgate or adopt any final
standard under section 1173(b) of the Social Security Act providing for,
or providing for the assignment of, a unique health identifier for an
individual (except in an individual's capacity as an employer or a
health care provider), until legislation is enacted specifically
approving the standard.

Sec. 511.  <> None of the funds made
available in this Act may be obligated or expended to enter into or
renew a contract with an entity if--
(1) such entity is otherwise a contractor with the United
States and is subject to the requirement in 38 U.S.C. 4212(d)
regarding submission of an annual report to the Secretary of
Labor concerning employment of certain veterans; and
(2) such entity has not submitted a report as required by
that section for the most recent year for which such requirement
was applicable to such entity.

Sec. 512.  None of the funds made available in this Act may be
transferred to any department, agency, or instrumentality of the United
States Government, except pursuant to a transfer made by, or transfer
authority provided in, this Act or any other appropriation Act.
Sec. 513.  <> None of the funds made
available by this Act to carry out the Library Services and Technology
Act may be made available to any library covered by paragraph (1) of
section 224(f) of such Act, as amended by the Children's Internet
Protection Act, unless such library has made the certifications required
by paragraph (4) of such section.

[[Page 1113]]

Sec. 514.  <> None of the funds made
available by this Act to carry out part D of title II of the Elementary
and Secondary Education Act of 1965 may be made available to any
elementary or secondary school covered by paragraph (1) of section
2441(a) of such Act, as amended by the Children's Internet Protection
Act and the No Child Left Behind Act, unless the local educational
agency with responsibility for such covered school has made the
certifications required by paragraph (2) of such section.

Sec. 515. <> (a) None of the funds
provided under this Act, or provided under previous appropriations Acts
to the agencies funded by this Act that remain available for obligation
or expenditure in fiscal year 2012, or provided from any accounts in the
Treasury of the United States derived by the collection of fees
available to the agencies funded by this Act, shall be available for
obligation or expenditure through a reprogramming of funds that--
(1) creates new programs;
(2) eliminates a program, project, or activity;
(3) increases funds or personnel by any means for any
project or activity for which funds have been denied or
restricted;
(4) relocates an office or employees;
(5) reorganizes or renames offices;
(6) reorganizes programs or activities; or
(7) contracts out or privatizes any functions or activities
presently performed by Federal employees;

unless the Committees on Appropriations of the House of Representatives
and the Senate are notified 15 days in advance of such reprogramming or
of an announcement of intent relating to such reprogramming, whichever
occurs earlier.
(b) None of the funds provided under this Act, or provided under
previous appropriations Acts to the agencies funded by this Act that
remain available for obligation or expenditure in fiscal year 2012, or
provided from any accounts in the Treasury of the United States derived
by the collection of fees available to the agencies funded by this Act,
shall be available for obligation or expenditure through a reprogramming
of funds in excess of $500,000 or 10 percent, whichever is less, that--
(1) augments existing programs, projects (including
construction projects), or activities;
(2) reduces by 10 percent funding for any existing program,
project, or activity, or numbers of personnel by 10 percent as
approved by Congress; or
(3) results from any general savings from a reduction in
personnel which would result in a change in existing programs,
activities, or projects as approved by Congress;

unless the Committees on Appropriations of the House of Representatives
and the Senate are notified 15 days in advance of such reprogramming or
of an announcement of intent relating to such reprogramming, whichever
occurs earlier.
Sec. 516. <> (a) None of the funds
made available in this Act may be used to request that a candidate for
appointment to a Federal scientific advisory committee disclose the
political affiliation or voting history of the candidate or the position
that the candidate holds with respect to political issues not directly
related to and necessary for the work of the committee involved.

[[Page 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.  <> Within 45 days of
enactment of this Act, each department and related agency funded through
this Act shall submit an operating plan that details at the program,
project, and activity level any funding allocations for fiscal year 2012
that are different than those specified in this Act, the accompanying
detailed table in the statement of the managers on the conference report
accompanying this Act, or the fiscal year 2012 budget request.

Sec. 518.  <> The Secretaries of Labor, Health and
Human Services, and Education shall each prepare and submit to the
Committees on Appropriations of the House of Representatives and the
Senate a report on the number and amount of contracts, grants, and
cooperative agreements exceeding $500,000 in value and awarded by the
Department on a non-competitive basis during each quarter of fiscal year
2012, but not to include grants awarded on a formula basis or directed
by law. Such report shall include the name of the contractor or grantee,
the amount of funding, the governmental purpose, including a
justification for issuing the award on a non-competitive
basis. <> Such report shall be transmitted to the
Committees within 30 days after the end of the quarter for which the
report is submitted.

Sec. 519.  <> None of the
funds appropriated or otherwise made available by this Act may be used
to enter into a contract in an amount greater than $5,000,000 or to
award a grant in excess of such amount unless the prospective contractor
or grantee certifies in writing to the agency awarding the contract or
grant that, to the best of its knowledge and belief, the contractor or
grantee has filed all Federal tax returns required during the 3 years
preceding the certification, has not been convicted of a criminal
offense under the Internal Revenue Code of 1986, and has not, more than
90 days prior to certification, been notified of any unpaid Federal tax
assessment for which the liability remains unsatisfied, unless the
assessment is the subject of an installment agreement or offer in
compromise that has been approved by the Internal Revenue Service and is
not in default, or the assessment is the subject of a non-frivolous
administrative or judicial proceeding.

Sec. 520.  <> None of the funds appropriated in this
Act shall be expended or obligated by the Commissioner of Social
Security, for purposes of administering Social Security benefit payments
under title II of the Social Security Act, to process any claim for
credit for a quarter of coverage based on work performed under a social
security account number that is not the claimant's number and the
performance of such work under such number has formed the basis for a
conviction of the claimant of a violation of section 208(a)(6) or (7) of
the Social Security Act.

Sec. 521.  <> None of the funds appropriated by this
Act may be used by the Commissioner of Social Security or the Social
Security Administration to pay the compensation of employees of the
Social Security Administration to administer Social Security benefit
payments, under any agreement between the United States and Mexico
establishing totalization arrangements between the social security
system established by title II of the Social Security Act and the social
security system of Mexico, which would not otherwise be payable but for
such agreement.

[[Page 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.  <> Notwithstanding any other
provision of this Act, no funds appropriated in this Act shall be used
to carry out any program of distributing sterile needles or syringes for
the hypodermic injection of any illegal drug.

(rescission)

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

(rescission)

Sec. 525.  Of the funds made available for fiscal year 2012 under
section 3403 of Public Law 111-148, $10,000,000 are rescinded.
Sec. 526.  <> Not later
than 30 days after the end of each calendar quarter, beginning with the
first quarter of fiscal year 2013, the Departments of Labor, Health and
Human Services and Education and the Social Security Administration
shall provide the Committees on Appropriations of the House of
Representatives and Senate a quarterly report on the status of balances
of appropriations:  Provided, That for balances that are unobligated and
uncommitted, committed, and obligated but unexpended, the quarterly
reports shall separately identify the amounts attributable to each
source year of appropriation (beginning with fiscal year 2012, or, to
the extent feasible, earlier fiscal years) from which balances were
derived.

Sec. 527. (a) Across-the-Board Rescissions.--There is hereby
rescinded an amount equal to 0.189 percent of--
(1) the budget authority provided for fiscal year 2012 for
any discretionary account of this Act; and
(2) the budget authority provided in any advance
appropriation for fiscal year 2012 for any discretionary account
in prior Acts making appropriations for the Departments of
Labor, Health and Human Services, and Education, and Related
Agencies.

(b) Proportionate Application.--Any rescission made by subsection
(a) shall be applied proportionately--
(1) to each discretionary account and each item of budget
authority described in such subsection; and
(2) within each such account and item, to each program,
project, and activity (with programs, projects, and activities
as delineated in this Act or the accompanying statement of
managers).

(c) Exception.--This section shall not apply to discretionary
authority appropriated for the Federal Pell Grants program under the
heading ``Department of Education, Student Financial Assistance''.
(d) OMB Report.--Within 30 days after the date of the enactment of
this section, the Director of the Office of Management and Budget shall
submit to the Committees on Appropriations of the House of
Representatives and the Senate a report specifying

[[Page 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 <> 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 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 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. <> (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 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 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 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) <> The amendment made
by subsection (a) shall apply with respect to fiscal year 2012 and each
succeeding fiscal year.

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

Sec. 103. <> (a) Authority of Speaker.--
(1) Authority described.--Notwithstanding any other
provision of law (including any provision of law that sets forth
an allowance for official expenses), the amount appropriated or
otherwise made available during a Congress for the salaries and
expenses of any office or authority described in paragraph (2)
shall be the amount allocated for such office or authority by
the Speaker of the House of Representatives from the aggregate
amount appropriated or otherwise made available for all such
offices and authorities.
(2) Offices and authorities described.--The offices and
authorities described in this paragraph are as follows:
(A) The Office of the Speaker.
(B) The Speaker's Office for Legislative Floor
Activities.
(C) The Republican Steering Committee (if the
Speaker is a member of the Republican party) or the
Democratic Steering and Policy Committee (if the Speaker
is a member of the Democratic party).
(D) The Republican Policy Committee (if the Speaker
is a member of the Republican party).
(E) Training and program development--majority (as
described under the heading ``House leadership offices''
in

[[Page 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 1123]]

(c) <> The amendments made
by this section shall take effect as if included in the enactment of the
Legislative Branch Appropriations Act, 1999.

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

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

JOINT ITEMS

For Joint Committees, as follows:

Joint Economic Committee

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

Joint Congressional Committee on Inaugural Ceremonies of 2013

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

Joint Committee on Taxation

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

Office of the Attending Physician

For medical supplies, equipment, and contingent expenses of the
emergency rooms, and for the Attending Physician and his assistants,
including: (1) an allowance of $2,175 per month to the Attending
Physician; (2) an allowance of $1,300 per month to the Senior Medical
Officer; (3) an allowance of $725 per month each

[[Page 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) <> 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 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.  <> (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 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 <> 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 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 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.  <> (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 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.  <> (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 appropriat