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CONFERENCE REPORT ON H.R. 2055, CONSOLIDATED APPROPRIATIONS ACT, 2012
(House of Representatives - December 15, 2011)

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[Pages H9004-H9429]
 CONFERENCE REPORT ON H.R. 2055, CONSOLIDATED APPROPRIATIONS ACT, 2012

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

                  Conference Report (H. Rept. 112-331)

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

     SECTION 1. SHORT TITLE.

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

     SEC. 2. TABLE OF CONTENTS.

       The table of contents of this Act is as follows:

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

       DIVISION A--DEPARTMENT OF DEFENSE APPROPRIATIONS ACT, 2012

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

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

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

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

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

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

Title I--Departmental management and operations
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

[[Page H9005]]

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


     SEC. 3. REFERENCES.

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

     SEC. 4. STATEMENT OF APPROPRIATIONS.

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

     SEC. 5. AVAILABILITY OF FUNDS.

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

       DIVISION A--DEPARTMENT OF DEFENSE APPROPRIATIONS ACT, 2012

                                TITLE I

                        Military Personnel, Army

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

                        Military Personnel, Navy

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

                    Military Personnel, Marine Corps

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

                     Military Personnel, Air Force

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

                        Reserve Personnel, Army

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

                        Reserve Personnel, Navy

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

                    Reserve Personnel, Marine Corps

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

                      Reserve Personnel, Air Force

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

                     National Guard Personnel, Army

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

                  National Guard Personnel, Air Force

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

                                TITLE II

                       OPERATION AND MAINTENANCE

                    Operation and Maintenance, Army

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

                    Operation and Maintenance, Navy

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

                Operation and Maintenance, Marine Corps

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

                  Operation and Maintenance, Air Force

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

                Operation and Maintenance, Defense-Wide

                     (including transfer of funds)

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

[[Page H9006]]

     and may be transferred as necessary by the Secretary of 
     Defense to operation and maintenance appropriations or 
     research, development, test and evaluation appropriations, to 
     be merged with and to be available for the same time period 
     as the appropriations to which transferred:  Provided 
     further, That any ceiling on the investment item unit cost of 
     items that may be purchased with operation and maintenance 
     funds shall not apply to the funds described in the preceding 
     proviso:  Provided further, That the transfer authority 
     provided under this heading is in addition to any other 
     transfer authority provided elsewhere in this Act.

                Operation and Maintenance, Army Reserve

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

                Operation and Maintenance, Navy Reserve

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

            Operation and Maintenance, Marine Corps Reserve

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

              Operation and Maintenance, Air Force Reserve

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

             Operation and Maintenance, Army National Guard

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

             Operation and Maintenance, Air National Guard

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

          United States Court of Appeals for the Armed Forces

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

                    Environmental Restoration, Army

                     (including transfer of funds)

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

                    Environmental Restoration, Navy

                     (including transfer of funds)

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

                  Environmental Restoration, Air Force

                     (including transfer of funds)

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

                Environmental Restoration, Defense-Wide

                     (including transfer of funds)

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

         Environmental Restoration, Formerly Used Defense Sites

                     (including transfer of funds)

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

             Overseas Humanitarian, Disaster, and Civic Aid

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

                  Cooperative Threat Reduction Account

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

[[Page H9007]]

      Department of Defense Acquisition Workforce Development Fund

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

                               TITLE III

                              PROCUREMENT

                       Aircraft Procurement, Army

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

                       Missile Procurement, Army

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

        Procurement of Weapons and Tracked Combat Vehicles, Army

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

                    Procurement of Ammunition, Army

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

                        Other Procurement, Army

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

                       Aircraft Procurement, Navy

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

                       Weapons Procurement, Navy

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

            Procurement of Ammunition, Navy and Marine Corps

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

                   Shipbuilding and Conversion, Navy

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

                        Other Procurement, Navy

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

                       Procurement, Marine Corps

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

                    Aircraft Procurement, Air Force

                     (including transfer of funds)

       For construction, procurement, and modification of aircraft 
     and equipment, including armor and armament, specialized 
     ground handling equipment, and training devices, spare parts, 
     and accessories therefor; specialized equipment; expansion of 
     public and private plants, Government-owned equipment and 
     installation thereof in such plants, erection of structures, 
     and acquisition of land, for the foregoing purposes, and such 
     lands and interests therein, may be acquired, and 
     construction prosecuted thereon prior to approval of title; 
     reserve plant and Government and contractor-owned equipment 
     layaway; and other expenses necessary for the foregoing 
     purposes including rents and transportation of things, 
     $12,950,000,000, to remain available for obligation until 
     September 30, 2014:  Provided, That of the amount made 
     available

[[Page H9008]]

     under this heading, $63,500,000 made available for C-130J 
     aircraft shall be transferred to the Department of Homeland 
     Security, Coast Guard, ``Acquisition, Construction, and 
     Improvements'':  Provided further, That the transfer 
     authority provided under this heading is in addition to any 
     other transfer authority provided elsewhere in this Act.

                     Missile Procurement, Air Force

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

                  Procurement of Ammunition, Air Force

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

                      Other Procurement, Air Force

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

                       Procurement, Defense-Wide

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

                    Defense Production Act Purchases

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

                                TITLE IV

               RESEARCH, DEVELOPMENT, TEST AND EVALUATION

            Research, Development, Test and Evaluation, Army

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

            Research, Development, Test and Evaluation, Navy

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

         Research, Development, Test and Evaluation, Air Force

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

        Research, Development, Test and Evaluation, Defense-Wide

                     (including transfer of funds)

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

                Operational Test and Evaluation, Defense

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

                                TITLE V

                     REVOLVING AND MANAGEMENT FUNDS

                     Defense Working Capital Funds

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

                     National Defense Sealift Fund

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

                                TITLE VI

                  OTHER DEPARTMENT OF DEFENSE PROGRAMS

                         Defense Health Program

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

           Chemical Agents and Munitions Destruction, Defense

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

[[Page H9009]]

     research, development, test and evaluation, of which 
     $401,768,000 shall only be for the Assembled Chemical Weapons 
     Alternatives (ACWA) program.

         Drug Interdiction and Counter-Drug Activities, Defense

                     (including transfer of funds)

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

                    Office of the Inspector General

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

                               TITLE VII

                            RELATED AGENCIES

   Central Intelligence Agency Retirement and Disability System Fund

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

               Intelligence Community Management Account

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

                               TITLE VIII

                           GENERAL PROVISIONS

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

                          (transfer of funds)

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

                          (transfer of funds)

       Sec. 8008.  During the current fiscal year, cash balances 
     in working capital funds of the Department of Defense 
     established pursuant to section 2208 of title 10, United 
     States Code, may be maintained in only such amounts as are 
     necessary at any time for cash disbursements to be made from 
     such funds:  Provided, That transfers may be made between 
     such funds:  Provided further, That transfers may be made 
     between working capital funds and the ``Foreign Currency 
     Fluctuations, Defense'' appropriation and the ``Operation and 
     Maintenance'' appropriation accounts in such amounts as may 
     be determined by the Secretary of Defense, with the approval 
     of the Office of Management and Budget, except that such 
     transfers may not be made unless the Secretary of Defense has 
     notified the Congress of the proposed transfer. Except in 
     amounts equal to the amounts appropriated to working capital 
     funds in this Act, no obligations may be made against a 
     working capital fund to procure or increase the value of war 
     reserve material inventory, unless the Secretary of Defense 
     has notified the Congress prior to any such obligation.
       Sec. 8009.  Funds appropriated by this Act may not be used 
     to initiate a special access program without prior 
     notification 30 calendar days in advance to the congressional 
     defense committees.
       Sec. 8010.  None of the funds provided in this Act shall be 
     available to initiate: (1) a multiyear contract that employs 
     economic order quantity procurement in excess of $20,000,000 
     in any one year of the contract or that includes an unfunded 
     contingent liability in excess of $20,000,000; or (2) a 
     contract for advance procurement leading to a multiyear 
     contract that employs economic order quantity procurement in 
     excess of $20,000,000 in any one year, unless the 
     congressional defense committees have been notified at least 
     30 days in advance of the proposed contract award:  Provided, 
     That no part of any appropriation contained in this Act shall 
     be available to initiate a multiyear contract for which the 
     economic order quantity advance procurement is not funded at 
     least to the limits of the Government's liability:  Provided 
     further, That no part of any appropriation contained in this 
     Act shall be available to initiate multiyear procurement 
     contracts for any systems or component thereof if the value 
     of the multiyear contract would exceed $500,000,000 unless 
     specifically provided in this Act:  Provided further, That no 
     multiyear procurement contract can be terminated without 10-
     day prior notification to the congressional defense 
     committees:  Provided further, That the execution of 
     multiyear authority shall require the use of a present value 
     analysis to determine lowest cost compared to an annual 
     procurement:  Provided further, That none of the funds 
     provided in this Act may be used for a multiyear contract 
     executed after the date of the enactment of this Act unless 
     in the case of any such contract--

[[Page H9010]]

       (1) the Secretary of Defense has submitted to Congress a 
     budget request for full funding of units to be procured 
     through the contract and, in the case of a contract for 
     procurement of aircraft, that includes, for any aircraft unit 
     to be procured through the contract for which procurement 
     funds are requested in that budget request for production 
     beyond advance procurement activities in the fiscal year 
     covered by the budget, full funding of procurement of such 
     unit in that fiscal year;
       (2) cancellation provisions in the contract do not include 
     consideration of recurring manufacturing costs of the 
     contractor associated with the production of unfunded units 
     to be delivered under the contract;
       (3) the contract provides that payments to the contractor 
     under the contract shall not be made in advance of incurred 
     costs on funded units; and
       (4) the contract does not provide for a price adjustment 
     based on a failure to award a follow-on contract.
        Funds appropriated in title III of this Act may be used 
     for a multiyear procurement contract as follows:
        UH-60M/HH-60M and MH-60R/MH-60S Helicopter Airframes; and 
     MH-60R/S Mission Avionics and Common Cockpits.
       Sec. 8011.  Within the funds appropriated for the operation 
     and maintenance of the Armed Forces, funds are hereby 
     appropriated pursuant to section 401 of title 10, United 
     States Code, for humanitarian and civic assistance costs 
     under chapter 20 of title 10, United States Code. Such funds 
     may also be obligated for humanitarian and civic assistance 
     costs incidental to authorized operations and pursuant to 
     authority granted in section 401 of chapter 20 of title 10, 
     United States Code, and these obligations shall be reported 
     as required by section 401(d) of title 10, United States 
     Code:  Provided, That funds available for operation and 
     maintenance shall be available for providing humanitarian and 
     similar assistance by using Civic Action Teams in the Trust 
     Territories of the Pacific Islands and freely associated 
     states of Micronesia, pursuant to the Compact of Free 
     Association as authorized by Public Law 99-239:  Provided 
     further, That upon a determination by the Secretary of the 
     Army that such action is beneficial for graduate medical 
     education programs conducted at Army medical facilities 
     located in Hawaii, the Secretary of the Army may authorize 
     the provision of medical services at such facilities and 
     transportation to such facilities, on a nonreimbursable 
     basis, for civilian patients from American Samoa, the 
     Commonwealth of the Northern Mariana Islands, the Marshall 
     Islands, the Federated States of Micronesia, Palau, and Guam.
       Sec. 8012. (a) During fiscal year 2012, the civilian 
     personnel of the Department of Defense may not be managed on 
     the basis of any end-strength, and the management of such 
     personnel during that fiscal year shall not be subject to any 
     constraint or limitation (known as an end-strength) on the 
     number of such personnel who may be employed on the last day 
     of such fiscal year.
       (b) The fiscal year 2013 budget request for the Department 
     of Defense as well as all justification material and other 
     documentation supporting the fiscal year 2013 Department of 
     Defense budget request shall be prepared and submitted to the 
     Congress as if subsections (a) and (b) of this provision were 
     effective with regard to fiscal year 2013.
       (c) Nothing in this section shall be construed to apply to 
     military (civilian) technicians.
       Sec. 8013.  None of the funds made available by this Act 
     shall be used in any way, directly or indirectly, to 
     influence congressional action on any legislation or 
     appropriation matters pending before the Congress.
       Sec. 8014.  None of the funds appropriated by this Act 
     shall be available for the basic pay and allowances of any 
     member of the Army participating as a full-time student and 
     receiving benefits paid by the Secretary of Veterans Affairs 
     from the Department of Defense Education Benefits Fund when 
     time spent as a full-time student is credited toward 
     completion of a service commitment:  Provided, That this 
     section shall not apply to those members who have reenlisted 
     with this option prior to October 1, 1987:  Provided further, 
     That this section applies only to active components of the 
     Army.

                          (transfer of funds)

       Sec. 8015.  Funds appropriated in title III of this Act for 
     the Department of Defense Pilot Mentor-Protege Program may be 
     transferred to any other appropriation contained in this Act 
     solely for the purpose of implementing a Mentor-Protege 
     Program developmental assistance agreement pursuant to 
     section 831 of the National Defense Authorization Act for 
     Fiscal Year 1991 (Public Law 101-510; 10 U.S.C. 2302 note), 
     as amended, under the authority of this provision or any 
     other transfer authority contained in this Act.
       Sec. 8016.  None of the funds in this Act may be available 
     for the purchase by the Department of Defense (and its 
     departments and agencies) of welded shipboard anchor and 
     mooring chain 4 inches in diameter and under unless the 
     anchor and mooring chain are manufactured in the United 
     States from components which are substantially manufactured 
     in the United States:  Provided, That for the purpose of this 
     section, the term ``manufactured'' shall include cutting, 
     heat treating, quality control, testing of chain and welding 
     (including the forging and shot blasting process):  Provided 
     further, That for the purpose of this section substantially 
     all of the components of anchor and mooring chain shall be 
     considered to be produced or manufactured in the United 
     States if the aggregate cost of the components produced or 
     manufactured in the United States exceeds the aggregate cost 
     of the components produced or manufactured outside the United 
     States:  Provided further, That when adequate domestic 
     supplies are not available to meet Department of Defense 
     requirements on a timely basis, the Secretary of the service 
     responsible for the procurement may waive this restriction on 
     a case-by-case basis by certifying in writing to the 
     Committees on Appropriations that such an acquisition must be 
     made in order to acquire capability for national security 
     purposes.
       Sec. 8017.  None of the funds available to the Department 
     of Defense may be used to demilitarize or dispose of M-1 
     Carbines, M-1 Garand rifles, M-14 rifles, .22 caliber rifles, 
     .30 caliber rifles, or M-1911 pistols, or to demilitarize or 
     destroy small arms ammunition or ammunition components that 
     are not otherwise prohibited from commercial sale under 
     Federal law, unless the small arms ammunition or ammunition 
     components are certified by the Secretary of the Army or 
     designee as unserviceable or unsafe for further use.
       Sec. 8018.  No more than $500,000 of the funds appropriated 
     or made available in this Act shall be used during a single 
     fiscal year for any single relocation of an organization, 
     unit, activity or function of the Department of Defense into 
     or within the National Capital Region:  Provided, That the 
     Secretary of Defense may waive this restriction on a case-by-
     case basis by certifying in writing to the congressional 
     defense committees that such a relocation is required in the 
     best interest of the Government.
       Sec. 8019.  In addition to the funds provided elsewhere in 
     this Act, $15,000,000 is appropriated only for incentive 
     payments authorized by section 504 of the Indian Financing 
     Act of 1974 (25 U.S.C. 1544):  Provided, That a prime 
     contractor or a subcontractor at any tier that makes a 
     subcontract award to any subcontractor or supplier as defined 
     in section 1544 of title 25, United States Code, or a small 
     business owned and controlled by an individual or individuals 
     defined under section 4221(9) of title 25, United States 
     Code, shall be considered a contractor for the purposes of 
     being allowed additional compensation under section 504 of 
     the Indian Financing Act of 1974 (25 U.S.C. 1544) whenever 
     the prime contract or subcontract amount is over $500,000 and 
     involves the expenditure of funds appropriated by an Act 
     making Appropriations for the Department of Defense with 
     respect to any fiscal year:  Provided further, That 
     notwithstanding section 1906 of title 41, United States Code, 
     this section shall be applicable to any Department of Defense 
     acquisition of supplies or services, including any contract 
     and any subcontract at any tier for acquisition of commercial 
     items produced or manufactured, in whole or in part, by any 
     subcontractor or supplier defined in section 1544 of title 
     25, United States Code, or a small business owned and 
     controlled by an individual or individuals defined under 
     section 4221(9) of title 25, United States Code.
       Sec. 8020.  Funds appropriated by this Act for the Defense 
     Media Activity shall not be used for any national or 
     international political or psychological activities.
       Sec. 8021.  During the current fiscal year, the Department 
     of Defense is authorized to incur obligations of not to 
     exceed $350,000,000 for purposes specified in section 
     2350j(c) of title 10, United States Code, in anticipation of 
     receipt of contributions, only from the Government of Kuwait, 
     under that section:  Provided, That upon receipt, such 
     contributions from the Government of Kuwait shall be credited 
     to the appropriations or fund which incurred such 
     obligations.
       Sec. 8022. (a) Of the funds made available in this Act, not 
     less than $37,745,000 shall be available for the Civil Air 
     Patrol Corporation, of which--
       (1) $27,838,000 shall be available from ``Operation and 
     Maintenance, Air Force'' to support Civil Air Patrol 
     Corporation operation and maintenance, readiness, counterdrug 
     activities, and drug demand reduction activities involving 
     youth programs;
       (2) $8,990,000 shall be available from ``Aircraft 
     Procurement, Air Force''; and
       (3) $917,000 shall be available from ``Other Procurement, 
     Air Force'' for vehicle procurement.
       (b) The Secretary of the Air Force should waive 
     reimbursement for any funds used by the Civil Air Patrol for 
     counter-drug activities in support of Federal, State, and 
     local government agencies.
       Sec. 8023. (a) None of the funds appropriated in this Act 
     are available to establish a new Department of Defense 
     (department) federally funded research and development center 
     (FFRDC), either as a new entity, or as a separate entity 
     administrated by an organization managing another FFRDC, or 
     as a nonprofit membership corporation consisting of a 
     consortium of other FFRDCs and other nonprofit entities.
       (b) No member of a Board of Directors, Trustees, Overseers, 
     Advisory Group, Special Issues Panel, Visiting Committee, or 
     any similar entity of a defense FFRDC, and no paid consultant 
     to any defense FFRDC, except when acting in a technical 
     advisory capacity, may be compensated for his or her services 
     as a member of such entity, or as a paid consultant by more 
     than one FFRDC in a fiscal year:  Provided, That a member of 
     any such entity referred to previously in this subsection 
     shall be allowed travel expenses and per diem as authorized 
     under the Federal Joint Travel Regulations, when engaged in 
     the performance of membership duties.
       (c) Notwithstanding any other provision of law, none of the 
     funds available to the department from any source during 
     fiscal year 2012 may be used by a defense FFRDC, through a 
     fee or other payment mechanism, for construction of new 
     buildings, for payment of cost sharing for projects funded by 
     Government grants, for absorption of contract overruns, or 
     for certain

[[Page H9011]]

     charitable contributions, not to include employee 
     participation in community service and/or development.
       (d) Notwithstanding any other provision of law, of the 
     funds available to the department during fiscal year 2012, 
     not more than 5,750 staff years of technical effort (staff 
     years) may be funded for defense FFRDCs:  Provided, That of 
     the specific amount referred to previously in this 
     subsection, not more than 1,125 staff years may be funded for 
     the defense studies and analysis FFRDCs:  Provided further, 
     That this subsection shall not apply to staff years funded in 
     the National Intelligence Program (NIP) and the Military 
     Intelligence Program (MIP).
       (e) The Secretary of Defense shall, with the submission of 
     the department's fiscal year 2013 budget request, submit a 
     report presenting the specific amounts of staff years of 
     technical effort to be allocated for each defense FFRDC 
     during that fiscal year and the associated budget estimates.
       (f) Notwithstanding any other provision of this Act, the 
     total amount appropriated in this Act for FFRDCs is hereby 
     reduced by $150,245,000.
       Sec. 8024.  None of the funds appropriated or made 
     available in this Act shall be used to procure carbon, alloy 
     or armor steel plate for use in any Government-owned facility 
     or property under the control of the Department of Defense 
     which were not melted and rolled in the United States or 
     Canada:  Provided, That these procurement restrictions shall 
     apply to any and all Federal Supply Class 9515, American 
     Society of Testing and Materials (ASTM) or American Iron and 
     Steel Institute (AISI) specifications of carbon, alloy or 
     armor steel plate:  Provided further, That the Secretary of 
     the military department responsible for the procurement may 
     waive this restriction on a case-by-case basis by certifying 
     in writing to the Committees on Appropriations of the House 
     of Representatives and the Senate that adequate domestic 
     supplies are not available to meet Department of Defense 
     requirements on a timely basis and that such an acquisition 
     must be made in order to acquire capability for national 
     security purposes:  Provided further, That these restrictions 
     shall not apply to contracts which are in being as of the 
     date of the enactment of this Act.
       Sec. 8025.  For the purposes of this Act, the term 
     ``congressional defense committees'' means the Armed Services 
     Committee of the House of Representatives, the Armed Services 
     Committee of the Senate, the Subcommittee on Defense of the 
     Committee on Appropriations of the Senate, and the 
     Subcommittee on Defense of the Committee on Appropriations of 
     the House of Representatives.
       Sec. 8026.  During the current fiscal year, the Department 
     of Defense may acquire the modification, depot maintenance 
     and repair of aircraft, vehicles and vessels as well as the 
     production of components and other Defense-related articles, 
     through competition between Department of Defense depot 
     maintenance activities and private firms:  Provided, That the 
     Senior Acquisition Executive of the military department or 
     Defense Agency concerned, with power of delegation, shall 
     certify that successful bids include comparable estimates of 
     all direct and indirect costs for both public and private 
     bids:  Provided further, That Office of Management and Budget 
     Circular A-76 shall not apply to competitions conducted under 
     this section.
       Sec. 8027. (a)(1) If the Secretary of Defense, after 
     consultation with the United States Trade Representative, 
     determines that a foreign country which is party to an 
     agreement described in paragraph (2) has violated the terms 
     of the agreement by discriminating against certain types of 
     products produced in the United States that are covered by 
     the agreement, the Secretary of Defense shall rescind the 
     Secretary's blanket waiver of the Buy American Act with 
     respect to such types of products produced in that foreign 
     country.
       (2) An agreement referred to in paragraph (1) is any 
     reciprocal defense procurement memorandum of understanding, 
     between the United States and a foreign country pursuant to 
     which the Secretary of Defense has prospectively waived the 
     Buy American Act for certain products in that country.
       (b) The Secretary of Defense shall submit to the Congress a 
     report on the amount of Department of Defense purchases from 
     foreign entities in fiscal year 2012. Such report shall 
     separately indicate the dollar value of items for which the 
     Buy American Act was waived pursuant to any agreement 
     described in subsection (a)(2), the Trade Agreement Act of 
     1979 (19 U.S.C. 2501 et seq.), or any international agreement 
     to which the United States is a party.
       (c) For purposes of this section, the term ``Buy American 
     Act'' means chapter 83 of title 41, United States Code.
       Sec. 8028.  During the current fiscal year, amounts 
     contained in the Department of Defense Overseas Military 
     Facility Investment Recovery Account established by section 
     2921(c)(1) of the National Defense Authorization Act of 1991 
     (Public Law 101-510; 10 U.S.C. 2687 note) shall be available 
     until expended for the payments specified by section 
     2921(c)(2) of that Act.
       Sec. 8029. (a) Notwithstanding any other provision of law, 
     the Secretary of the Air Force may convey at no cost to the 
     Air Force, without consideration, to Indian tribes located in 
     the States of Nevada, Idaho, North Dakota, South Dakota, 
     Montana, Oregon, Minnesota, and Washington relocatable 
     military housing units located at Grand Forks Air Force Base, 
     Malmstrom Air Force Base, Mountain Home Air Force Base, 
     Ellsworth Air Force Base, and Minot Air Force Base that are 
     excess to the needs of the Air Force.
       (b) The Secretary of the Air Force shall convey, at no cost 
     to the Air Force, military housing units under subsection (a) 
     in accordance with the request for such units that are 
     submitted to the Secretary by the Operation Walking Shield 
     Program on behalf of Indian tribes located in the States of 
     Nevada, Idaho, North Dakota, South Dakota, Montana, Oregon, 
     Minnesota, and Washington. Any such conveyance shall be 
     subject to the condition that the housing units shall be 
     removed within a reasonable period of time, as determined by 
     the Secretary.
       (c) The Operation Walking Shield Program shall resolve any 
     conflicts among requests of Indian tribes for housing units 
     under subsection (a) before submitting requests to the 
     Secretary of the Air Force under subsection (b).
       (d) In this section, the term ``Indian tribe'' means any 
     recognized Indian tribe included on the current list 
     published by the Secretary of the Interior under section 104 
     of the Federally Recognized Indian Tribe Act of 1994 (Public 
     Law 103-454; 108 Stat. 4792; 25 U.S.C. 479a-1).
       Sec. 8030.  During the current fiscal year, appropriations 
     which are available to the Department of Defense for 
     operation and maintenance may be used to purchase items 
     having an investment item unit cost of not more than 
     $250,000.
       Sec. 8031. (a) During the current fiscal year, none of the 
     appropriations or funds available to the Department of 
     Defense Working Capital Funds shall be used for the purchase 
     of an investment item for the purpose of acquiring a new 
     inventory item for sale or anticipated sale during the 
     current fiscal year or a subsequent fiscal year to customers 
     of the Department of Defense Working Capital Funds if such an 
     item would not have been chargeable to the Department of 
     Defense Business Operations Fund during fiscal year 1994 and 
     if the purchase of such an investment item would be 
     chargeable during the current fiscal year to appropriations 
     made to the Department of Defense for procurement.
       (b) The fiscal year 2013 budget request for the Department 
     of Defense as well as all justification material and other 
     documentation supporting the fiscal year 2013 Department of 
     Defense budget shall be prepared and submitted to the 
     Congress on the basis that any equipment which was classified 
     as an end item and funded in a procurement appropriation 
     contained in this Act shall be budgeted for in a proposed 
     fiscal year 2013 procurement appropriation and not in the 
     supply management business area or any other area or category 
     of the Department of Defense Working Capital Funds.
       Sec. 8032.  None of the funds appropriated by this Act for 
     programs of the Central Intelligence Agency shall remain 
     available for obligation beyond the current fiscal year, 
     except for funds appropriated for the Reserve for 
     Contingencies, which shall remain available until September 
     30, 2013:  Provided, That funds appropriated, transferred, or 
     otherwise credited to the Central Intelligence Agency Central 
     Services Working Capital Fund during this or any prior or 
     subsequent fiscal year shall remain available until expended: 
      Provided further, That any funds appropriated or transferred 
     to the Central Intelligence Agency for advanced research and 
     development acquisition, for agent operations, and for covert 
     action programs authorized by the President under section 503 
     of the National Security Act of 1947, as amended, shall 
     remain available until September 30, 2013.
       Sec. 8033.  Notwithstanding any other provision of law, 
     funds made available in this Act for the Defense Intelligence 
     Agency may be used for the design, development, and 
     deployment of General Defense Intelligence Program 
     intelligence communications and intelligence information 
     systems for the Services, the Unified and Specified Commands, 
     and the component commands.
       Sec. 8034.  Of the funds appropriated to the Department of 
     Defense under the heading ``Operation and Maintenance, 
     Defense-Wide'', not less than $12,000,000 shall be made 
     available only for the mitigation of environmental impacts, 
     including training and technical assistance to tribes, 
     related administrative support, the gathering of information, 
     documenting of environmental damage, and developing a system 
     for prioritization of mitigation and cost to complete 
     estimates for mitigation, on Indian lands resulting from 
     Department of Defense activities.
       Sec. 8035. (a) None of the funds appropriated in this Act 
     may be expended by an entity of the Department of Defense 
     unless the entity, in expending the funds, complies with the 
     Buy American Act. For purposes of this subsection, the term 
     ``Buy American Act'' means chapter 83 of title 41, United 
     States Code.
       (b) If the Secretary of Defense determines that a person 
     has been convicted of intentionally affixing a label bearing 
     a ``Made in America'' inscription to any product sold in or 
     shipped to the United States that is not made in America, the 
     Secretary shall determine, in accordance with section 2410f 
     of title 10, United States Code, whether the person should be 
     debarred from contracting with the Department of Defense.
       (c) In the case of any equipment or products purchased with 
     appropriations provided under this Act, it is the sense of 
     the Congress that any entity of the Department of Defense, in 
     expending the appropriation, purchase only American-made 
     equipment and products, provided that American-made equipment 
     and products are cost-competitive, quality competitive, and 
     available in a timely fashion.
       Sec. 8036.  None of the funds appropriated by this Act 
     shall be available for a contract for studies, analysis, or 
     consulting services entered into without competition on the 
     basis of an unsolicited proposal unless the head of the 
     activity responsible for the procurement determines--
       (1) as a result of thorough technical evaluation, only one 
     source is found fully qualified to perform the proposed work;
       (2) the purpose of the contract is to explore an 
     unsolicited proposal which offers significant scientific or 
     technological promise, represents the product of original 
     thinking, and was submitted in confidence by one source; or

[[Page H9012]]

       (3) the purpose of the contract is to take advantage of 
     unique and significant industrial accomplishment by a 
     specific concern, or to insure that a new product or idea of 
     a specific concern is given financial support:  Provided, 
     That this limitation shall not apply to contracts in an 
     amount of less than $25,000, contracts related to 
     improvements of equipment that is in development or 
     production, or contracts as to which a civilian official of 
     the Department of Defense, who has been confirmed by the 
     Senate, determines that the award of such contract is in the 
     interest of the national defense.
       Sec. 8037. (a) Except as provided in subsections (b) and 
     (c), none of the funds made available by this Act may be 
     used--
       (1) to establish a field operating agency; or
       (2) to pay the basic pay of a member of the Armed Forces or 
     civilian employee of the department who is transferred or 
     reassigned from a headquarters activity if the member or 
     employee's place of duty remains at the location of that 
     headquarters.
       (b) The Secretary of Defense or Secretary of a military 
     department may waive the limitations in subsection (a), on a 
     case-by-case basis, if the Secretary determines, and 
     certifies to the Committees on Appropriations of the House of 
     Representatives and Senate that the granting of the waiver 
     will reduce the personnel requirements or the financial 
     requirements of the department.
       (c) This section does not apply to--
       (1) field operating agencies funded within the National 
     Intelligence Program;
       (2) an Army field operating agency established to 
     eliminate, mitigate, or counter the effects of improvised 
     explosive devices, and, as determined by the Secretary of the 
     Army, other similar threats; or
       (3) an Army field operating agency established to improve 
     the effectiveness and efficiencies of biometric activities 
     and to integrate common biometric technologies throughout the 
     Department of Defense.
       Sec. 8038.  The Secretary of Defense, notwithstanding any 
     other provision of law, acting through the Office of Economic 
     Adjustment of the Department of Defense, may use funds made 
     available in this Act under the heading ``Operation and 
     Maintenance, Defense-Wide'' to make grants and supplement 
     other Federal funds in accordance with the guidance provided 
     in the explanatory statement regarding this Act.
       Sec. 8039. (a) None of the funds appropriated by this Act 
     shall be available to convert to contractor performance an 
     activity or function of the Department of Defense that, on or 
     after the date of the enactment of this Act, is performed by 
     Department of Defense civilian employees unless--
       (1) the conversion is based on the result of a public-
     private competition that includes a most efficient and cost 
     effective organization plan developed by such activity or 
     function;
       (2) the Competitive Sourcing Official determines that, over 
     all performance periods stated in the solicitation of offers 
     for performance of the activity or function, the cost of 
     performance of the activity or function by a contractor would 
     be less costly to the Department of Defense by an amount that 
     equals or exceeds the lesser of--
       (A) 10 percent of the most efficient organization's 
     personnel-related costs for performance of that activity or 
     function by Federal employees; or
       (B) $10,000,000; and
       (3) the contractor does not receive an advantage for a 
     proposal that would reduce costs for the Department of 
     Defense by--
       (A) not making an employer-sponsored health insurance plan 
     available to the workers who are to be employed in the 
     performance of that activity or function under the contract; 
     or
       (B) offering to such workers an employer-sponsored health 
     benefits plan that requires the employer to contribute less 
     towards the premium or subscription share than the amount 
     that is paid by the Department of Defense for health benefits 
     for civilian employees under chapter 89 of title 5, United 
     States Code.
       (b)(1) The Department of Defense, without regard to 
     subsection (a) of this section or subsection (a), (b), or (c) 
     of section 2461 of title 10, United States Code, and 
     notwithstanding any administrative regulation, requirement, 
     or policy to the contrary shall have full authority to enter 
     into a contract for the performance of any commercial or 
     industrial type function of the Department of Defense that--
       (A) is included on the procurement list established 
     pursuant to section 2 of the Javits-Wagner-O'Day Act (section 
     8503 of title 41, United States Code);
       (B) is planned to be converted to performance by a 
     qualified nonprofit agency for the blind or by a qualified 
     nonprofit agency for other severely handicapped individuals 
     in accordance with that Act; or
       (C) is planned to be converted to performance by a 
     qualified firm under at least 51 percent ownership by an 
     Indian tribe, as defined in section 4(e) of the Indian Self-
     Determination and Education Assistance Act (25 U.S.C. 
     450b(e)), or a Native Hawaiian Organization, as defined in 
     section 8(a)(15) of the Small Business Act (15 U.S.C. 
     637(a)(15)).
       (2) This section shall not apply to depot contracts or 
     contracts for depot maintenance as provided in sections 2469 
     and 2474 of title 10, United States Code.
       (c) The conversion of any activity or function of the 
     Department of Defense under the authority provided by this 
     section shall be credited toward any competitive or 
     outsourcing goal, target, or measurement that may be 
     established by statute, regulation, or policy and is deemed 
     to be awarded under the authority of, and in compliance with, 
     subsection (h) of section 2304 of title 10, United States 
     Code, for the competition or outsourcing of commercial 
     activities.

                             (rescissions)

       Sec. 8040.  Of the funds appropriated in Department of 
     Defense Appropriations Acts, the following funds are hereby 
     rescinded from the following accounts and programs in the 
     specified amounts:
       ``National Defense Sealift Fund, 2002/XXXX'', $20,444,000;
       ``National Defense Sealift Fund, 2003/XXXX'', $8,500,000;
       ``National Defense Sealift Fund, 2004/XXXX'', $6,500,000;
       ``Aircraft Procurement, Army, 2010/2012'', $5,100,000;
       ``Procurement of Weapons and Tracked Combat Vehicles, Army, 
     2010/2012'', $4,353,000;
       ``Procurement of Ammunition, Army, 2010/2012'', 
     $21,674,000;
       ``Other Procurement, Army, 2010/2012'', $58,647,000;
       ``Aircraft Procurement, Navy, 2010/2012'', $90,000,000;
       ``Aircraft Procurement, Air Force, 2010/2012'', 
     $32,897,000;
       ``Missile Procurement, Air Force, 2010/2012'', $3,889,000;
       ``Other Procurement, Air Force, 2010/2012'', $12,200,000;
       ``Procurement, Defense-Wide, 2010/2012'', $716,000;
       ``Aircraft Procurement, Army, 2011/2013'', $21,500,000;
       ``Missile Procurement, Army, 2011/2013'', $99,800,000;
       ``Procurement of Weapons and Tracked Combat Vehicles, Army, 
     2011/2013'', $18,834,000;
       ``Procurement of Ammunition, Army, 2011/2013'', 
     $15,000,000;
       ``Other Procurement, Army, 2011/2013'', $438,436,000;
       ``Aircraft Procurement, Navy, 2011/2013'', $78,000,000;
       ``Weapons Procurement, Navy, 2011/2013'', $34,276,000;
       ``Procurement of Ammunition, Navy and Marine Corps, 2011/
     2013'', $28,262,000;
       ``Other Procurement, Navy, 2011/2013'', $59,598,000;
       Under the heading, ``Shipbuilding and Conversion, Navy, 
     2011/2015'': Littoral Combat Ship Advance Procurement: 
     $110,351,000;
       ``Aircraft Procurement, Air Force, 2011/2013'', 
     $220,213,000;
       ``Missile Procurement, Air Force, 2011/2013'', 
     $193,900,000;
       ``Other Procurement, Air Force, 2011/2013'', $52,868,000;
       ``Procurement, Defense-Wide, 2011/2013'', $4,312,000;
       ``Research, Development, Test and Evaluation, Army, 2011/
     2012'', $356,625,000;
       ``Research, Development, Test and Evaluation, Navy, 2011/
     2012'', $65,687,000;
       ``Research, Development, Test and Evaluation, Air Force, 
     2011/2012'', $258,094,000;
       ``Research, Development, Test and Evaluation, Defense-Wide, 
     2011/2012'', $254,284,000;
       ``Defense Health Program, 2011/2012'', $257,000:
        Provided, That the funds rescinded from the National 
     Defense Sealift accounts are those described under the 
     heading ``National Defense Sealift Fund'' in Public Law 107-
     117, Public Law 107-248, and Public Law 108-87, or for the 
     purposes described in section 115 of division H of Public Law 
     108-199, as amended by section 1017 of division A of Public 
     Law 109-13.
       Sec. 8041.  None of the funds available in this Act may be 
     used to reduce the authorized positions for military 
     technicians (dual status) of the Army National Guard, Air 
     National Guard, Army Reserve and Air Force Reserve for the 
     purpose of applying any administratively imposed civilian 
     personnel ceiling, freeze, or reduction on military 
     technicians (dual status), unless such reductions are a 
     direct result of a reduction in military force structure.
       Sec. 8042.  None of the funds appropriated or otherwise 
     made available in this Act may be obligated or expended for 
     assistance to the Democratic People's Republic of Korea 
     unless specifically appropriated for that purpose.
       Sec. 8043.  Funds appropriated in this Act for operation 
     and maintenance of the Military Departments, Combatant 
     Commands and Defense Agencies shall be available for 
     reimbursement of pay, allowances and other expenses which 
     would otherwise be incurred against appropriations for the 
     National Guard and Reserve when members of the National Guard 
     and Reserve provide intelligence or counterintelligence 
     support to Combatant Commands, Defense Agencies and Joint 
     Intelligence Activities, including the activities and 
     programs included within the National Intelligence Program 
     and the Military Intelligence Program:  Provided, That 
     nothing in this section authorizes deviation from established 
     Reserve and National Guard personnel and training procedures.
       Sec. 8044.  During the current fiscal year, none of the 
     funds appropriated in this Act may be used to reduce the 
     civilian medical and medical support personnel assigned to 
     military treatment facilities below the September 30, 2003, 
     level:  Provided, That the Service Surgeons General may waive 
     this section by certifying to the congressional defense 
     committees that the beneficiary population is declining in 
     some catchment areas and civilian strength reductions may be 
     consistent with responsible resource stewardship and 
     capitation-based budgeting.
       Sec. 8045. (a) None of the funds available to the 
     Department of Defense for any fiscal year for drug 
     interdiction or counter-drug activities may be transferred to 
     any other department or agency of the United States except as 
     specifically provided in an appropriations law.
       (b) None of the funds available to the Central Intelligence 
     Agency for any fiscal year for drug interdiction and counter-
     drug activities may be transferred to any other department or 
     agency of the United States except as specifically provided 
     in an appropriations law.

[[Page H9013]]

       Sec. 8046.  None of the funds appropriated by this Act may 
     be used for the procurement of ball and roller bearings other 
     than those produced by a domestic source and of domestic 
     origin:  Provided, That the Secretary of the military 
     department responsible for such procurement may waive this 
     restriction on a case-by-case basis by certifying in writing 
     to the Committees on Appropriations of the House of 
     Representatives and the Senate, that adequate domestic 
     supplies are not available to meet Department of Defense 
     requirements on a timely basis and that such an acquisition 
     must be made in order to acquire capability for national 
     security purposes:  Provided further, That this restriction 
     shall not apply to the purchase of ``commercial items'', as 
     defined by section 4(12) of the Office of Federal Procurement 
     Policy Act, except that the restriction shall apply to ball 
     or roller bearings purchased as end items.
       Sec. 8047.  None of the funds in this Act may be used to 
     purchase any supercomputer which is not manufactured in the 
     United States, unless the Secretary of Defense certifies to 
     the congressional defense committees that such an acquisition 
     must be made in order to acquire capability for national 
     security purposes that is not available from United States 
     manufacturers.
       Sec. 8048.  None of the funds made available in this or any 
     other Act may be used to pay the salary of any officer or 
     employee of the Department of Defense who approves or 
     implements the transfer of administrative responsibilities or 
     budgetary resources of any program, project, or activity 
     financed by this Act to the jurisdiction of another Federal 
     agency not financed by this Act without the express 
     authorization of Congress:  Provided, That this limitation 
     shall not apply to transfers of funds expressly provided for 
     in Defense Appropriations Acts, or provisions of Acts 
     providing supplemental appropriations for the Department of 
     Defense.
       Sec. 8049. (a) Notwithstanding any other provision of law, 
     none of the funds available to the Department of Defense for 
     the current fiscal year may be obligated or expended to 
     transfer to another nation or an international organization 
     any defense articles or services (other than intelligence 
     services) for use in the activities described in subsection 
     (b) unless the congressional defense committees, the 
     Committee on Foreign Affairs of the House of Representatives, 
     and the Committee on Foreign Relations of the Senate are 
     notified 15 days in advance of such transfer.
       (b) This section applies to--
       (1) any international peacekeeping or peace-enforcement 
     operation under the authority of chapter VI or chapter VII of 
     the United Nations Charter under the authority of a United 
     Nations Security Council resolution; and
       (2) any other international peacekeeping, peace-
     enforcement, or humanitarian assistance operation.
       (c) A notice under subsection (a) shall include the 
     following:
       (1) A description of the equipment, supplies, or services 
     to be transferred.
       (2) A statement of the value of the equipment, supplies, or 
     services to be transferred.
       (3) In the case of a proposed transfer of equipment or 
     supplies--
       (A) a statement of whether the inventory requirements of 
     all elements of the Armed Forces (including the reserve 
     components) for the type of equipment or supplies to be 
     transferred have been met; and
       (B) a statement of whether the items proposed to be 
     transferred will have to be replaced and, if so, how the 
     President proposes to provide funds for such replacement.
       Sec. 8050.  None of the funds available to the Department 
     of Defense under this Act shall be obligated or expended to 
     pay a contractor under a contract with the Department of 
     Defense for costs of any amount paid by the contractor to an 
     employee when--
       (1) such costs are for a bonus or otherwise in excess of 
     the normal salary paid by the contractor to the employee; and
       (2) such bonus is part of restructuring costs associated 
     with a business combination.

                     (including transfer of funds)

       Sec. 8051.  During the current fiscal year, no more than 
     $30,000,000 of appropriations made in this Act under the 
     heading ``Operation and Maintenance, Defense-Wide'' may be 
     transferred to appropriations available for the pay of 
     military personnel, to be merged with, and to be available 
     for the same time period as the appropriations to which 
     transferred, to be used in support of such personnel in 
     connection with support and services for eligible 
     organizations and activities outside the Department of 
     Defense pursuant to section 2012 of title 10, United States 
     Code.
       Sec. 8052.  During the current fiscal year, in the case of 
     an appropriation account of the Department of Defense for 
     which the period of availability for obligation has expired 
     or which has closed under the provisions of section 1552 of 
     title 31, United States Code, and which has a negative 
     unliquidated or unexpended balance, an obligation or an 
     adjustment of an obligation may be charged to any current 
     appropriation account for the same purpose as the expired or 
     closed account if--
       (1) the obligation would have been properly chargeable 
     (except as to amount) to the expired or closed account before 
     the end of the period of availability or closing of that 
     account;
       (2) the obligation is not otherwise properly chargeable to 
     any current appropriation account of the Department of 
     Defense; and
       (3) in the case of an expired account, the obligation is 
     not chargeable to a current appropriation of the Department 
     of Defense under the provisions of section 1405(b)(8) of the 
     National Defense Authorization Act for Fiscal Year 1991, 
     Public Law 101-510, as amended (31 U.S.C. 1551 note):  
     Provided, That in the case of an expired account, if 
     subsequent review or investigation discloses that there was 
     not in fact a negative unliquidated or unexpended balance in 
     the account, any charge to a current account under the 
     authority of this section shall be reversed and recorded 
     against the expired account:  Provided further, That the 
     total amount charged to a current appropriation under this 
     section may not exceed an amount equal to 1 percent of the 
     total appropriation for that account.
       Sec. 8053. (a) Notwithstanding any other provision of law, 
     the Chief of the National Guard Bureau may permit the use of 
     equipment of the National Guard Distance Learning Project by 
     any person or entity on a space-available, reimbursable 
     basis. The Chief of the National Guard Bureau shall establish 
     the amount of reimbursement for such use on a case-by-case 
     basis.
       (b) Amounts collected under subsection (a) shall be 
     credited to funds available for the National Guard Distance 
     Learning Project and be available to defray the costs 
     associated with the use of equipment of the project under 
     that subsection. Such funds shall be available for such 
     purposes without fiscal year limitation.
       Sec. 8054.  Using funds made available by this Act or any 
     other Act, the Secretary of the Air Force, pursuant to a 
     determination under section 2690 of title 10, United States 
     Code, may implement cost-effective agreements for required 
     heating facility modernization in the Kaiserslautern Military 
     Community in the Federal Republic of Germany:  Provided, That 
     in the City of Kaiserslautern and at the Rhine Ordnance 
     Barracks area, such agreements will include the use of United 
     States anthracite as the base load energy for municipal 
     district heat to the United States Defense installations:  
     Provided further, That at Landstuhl Army Regional Medical 
     Center and Ramstein Air Base, furnished heat may be obtained 
     from private, regional or municipal services, if provisions 
     are included for the consideration of United States coal as 
     an energy source.
       Sec. 8055.  None of the funds appropriated in title IV of 
     this Act may be used to procure end-items for delivery to 
     military forces for operational training, operational use or 
     inventory requirements:  Provided, That this restriction does 
     not apply to end-items used in development, prototyping, and 
     test activities preceding and leading to acceptance for 
     operational use:  Provided further, That this restriction 
     does not apply to programs funded within the National 
     Intelligence Program:  Provided further, That the Secretary 
     of Defense may waive this restriction on a case-by-case basis 
     by certifying in writing to the Committees on Appropriations 
     of the House of Representatives and the Senate that it is in 
     the national security interest to do so.
       Sec. 8056.  None of the funds made available in this Act 
     may be used to approve or license the sale of the F-22A 
     advanced tactical fighter to any foreign government:  
     Provided, That the Department of Defense may conduct or 
     participate in studies, research, design and other activities 
     to define and develop a future export version of the F-22A 
     that protects classified and sensitive information, 
     technologies and U.S. warfighting capabilities.
       Sec. 8057. (a) The Secretary of Defense may, on a case-by-
     case basis, waive with respect to a foreign country each 
     limitation on the procurement of defense items from foreign 
     sources provided in law if the Secretary determines that the 
     application of the limitation with respect to that country 
     would invalidate cooperative programs entered into between 
     the Department of Defense and the foreign country, or would 
     invalidate reciprocal trade agreements for the procurement of 
     defense items entered into under section 2531 of title 10, 
     United States Code, and the country does not discriminate 
     against the same or similar defense items produced in the 
     United States for that country.
       (b) Subsection (a) applies with respect to--
       (1) contracts and subcontracts entered into on or after the 
     date of the enactment of this Act; and
       (2) options for the procurement of items that are exercised 
     after such date under contracts that are entered into before 
     such date if the option prices are adjusted for any reason 
     other than the application of a waiver granted under 
     subsection (a).
       (c) Subsection (a) does not apply to a limitation regarding 
     construction of public vessels, ball and roller bearings, 
     food, and clothing or textile materials as defined by section 
     11 (chapters 50-65) of the Harmonized Tariff Schedule and 
     products classified under headings 4010, 4202, 4203, 6401 
     through 6406, 6505, 7019, 7218 through 7229, 7304.41 through 
     7304.49, 7306.40, 7502 through 7508, 8105, 8108, 8109, 8211, 
     8215, and 9404.
       Sec. 8058. (a) None of the funds made available by this Act 
     may be used to support any training program involving a unit 
     of the security forces or police of a foreign country if the 
     Secretary of Defense has received credible information from 
     the Department of State that the unit has committed a gross 
     violation of human rights, unless all necessary corrective 
     steps have been taken.
       (b) The Secretary of Defense, in consultation with the 
     Secretary of State, shall ensure that prior to a decision to 
     conduct any training program referred to in subsection (a), 
     full consideration is given to all credible information 
     available to the Department of State relating to human rights 
     violations by foreign security forces.
       (c) The Secretary of Defense, after consultation with the 
     Secretary of State, may waive the prohibition in subsection 
     (a) if he determines that such waiver is required by 
     extraordinary circumstances.
       (d) Not more than 15 days after the exercise of any waiver 
     under subsection (c), the Secretary of Defense shall submit a 
     report to the congressional defense committees describing the 
     extraordinary circumstances, the purpose and duration

[[Page H9014]]

     of the training program, the United States forces and the 
     foreign security forces involved in the training program, and 
     the information relating to human rights violations that 
     necessitates the waiver.
       Sec. 8059.  None of the funds appropriated or otherwise 
     made available by this or other Department of Defense 
     Appropriations Acts may be obligated or expended for the 
     purpose of performing repairs or maintenance to military 
     family housing units of the Department of Defense, including 
     areas in such military family housing units that may be used 
     for the purpose of conducting official Department of Defense 
     business.
       Sec. 8060.  Notwithstanding any other provision of law, 
     funds appropriated in this Act under the heading ``Research, 
     Development, Test and Evaluation, Defense-Wide'' for any new 
     start advanced concept technology demonstration project or 
     joint capability demonstration project may only be obligated 
     45 days after a report, including a description of the 
     project, the planned acquisition and transition strategy and 
     its estimated annual and total cost, has been provided in 
     writing to the congressional defense committees:  Provided, 
     That the Secretary of Defense may waive this restriction on a 
     case-by-case basis by certifying to the congressional defense 
     committees that it is in the national interest to do so.
       Sec. 8061.  The Secretary of Defense shall provide a 
     classified quarterly report beginning 30 days after enactment 
     of this Act, to the House and Senate Appropriations 
     Committees, Subcommittees on Defense on certain matters as 
     directed in the classified annex accompanying this Act.
       Sec. 8062.  During the current fiscal year, none of the 
     funds available to the Department of Defense may be used to 
     provide support to another department or agency of the United 
     States if such department or agency is more than 90 days in 
     arrears in making payment to the Department of Defense for 
     goods or services previously provided to such department or 
     agency on a reimbursable basis:  Provided, That this 
     restriction shall not apply if the department is authorized 
     by law to provide support to such department or agency on a 
     nonreimbursable basis, and is providing the requested support 
     pursuant to such authority:  Provided further, That the 
     Secretary of Defense may waive this restriction on a case-by-
     case basis by certifying in writing to the Committees on 
     Appropriations of the House of Representatives and the Senate 
     that it is in the national security interest to do so.
       Sec. 8063.  Notwithstanding section 12310(b) of title 10, 
     United States Code, a Reserve who is a member of the National 
     Guard serving on full-time National Guard duty under section 
     502(f) of title 32, United States Code, may perform duties in 
     support of the ground-based elements of the National 
     Ballistic Missile Defense System.
       Sec. 8064.  None of the funds provided in this Act may be 
     used to transfer to any nongovernmental entity ammunition 
     held by the Department of Defense that has a center-fire 
     cartridge and a United States military nomenclature 
     designation of ``armor penetrator'', ``armor piercing (AP)'', 
     ``armor piercing incendiary (API)'', or ``armor-piercing 
     incendiary tracer (API-T)'', except to an entity performing 
     demilitarization services for the Department of Defense under 
     a contract that requires the entity to demonstrate to the 
     satisfaction of the Department of Defense that armor piercing 
     projectiles are either: (1) rendered incapable of reuse by 
     the demilitarization process; or (2) used to manufacture 
     ammunition pursuant to a contract with the Department of 
     Defense or the manufacture of ammunition for export pursuant 
     to a License for Permanent Export of Unclassified Military 
     Articles issued by the Department of State.
       Sec. 8065.  Notwithstanding any other provision of law, the 
     Chief of the National Guard Bureau, or his designee, may 
     waive payment of all or part of the consideration that 
     otherwise would be required under section 2667 of title 10, 
     United States Code, in the case of a lease of personal 
     property for a period not in excess of 1 year to any 
     organization specified in section 508(d) of title 32, United 
     States Code, or any other youth, social, or fraternal 
     nonprofit organization as may be approved by the Chief of the 
     National Guard Bureau, or his designee, on a case-by-case 
     basis.
       Sec. 8066.  None of the funds appropriated by this Act 
     shall be used for the support of any nonappropriated funds 
     activity of the Department of Defense that procures malt 
     beverages and wine with nonappropriated funds for resale 
     (including such alcoholic beverages sold by the drink) on a 
     military installation located in the United States unless 
     such malt beverages and wine are procured within that State, 
     or in the case of the District of Columbia, within the 
     District of Columbia, in which the military installation is 
     located:  Provided, That in a case in which the military 
     installation is located in more than one State, purchases may 
     be made in any State in which the installation is located:  
     Provided further, That such local procurement requirements 
     for malt beverages and wine shall apply to all alcoholic 
     beverages only for military installations in States which are 
     not contiguous with another State:  Provided further, That 
     alcoholic beverages other than wine and malt beverages, in 
     contiguous States and the District of Columbia shall be 
     procured from the most competitive source, price and other 
     factors considered.

                     (including transfer of funds)

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

     ``Sec. 1790. MILITARY PERSONNEL CITIZENSHIP PROCESSING.

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

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

                     (including transfer of funds)

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

                     (including transfer of funds)

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

[[Page H9015]]

       (3) Under the heading ``Shipbuilding and Conversion, Navy, 
     2008/2012'': LPD-17 Amphibious Transport Dock Program 
     $31,928,000.

                     (including transfer of funds)

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

                     (including transfer of funds)

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

                     (including transfer of funds)

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


                     (Including Transfer of Funds)

       Sec. 8089.  During the current fiscal year, not to exceed 
     $200,000,000 from funds available under ``Operation and 
     Maintenance, Defense-Wide'' may be transferred to the 
     Department of State ``Global Security Contingency Fund'':  
     Provided, That this transfer authority is in addition to any 
     other transfer authority available to the Department of 
     Defense:  Provided further, That the Secretary of Defense 
     shall, not fewer than 30 days prior to making transfers to 
     the Department of State ``Global Security Contingency Fund'', 
     notify the congressional defense committees in writing with 
     the source of funds and a detailed justification, execution 
     plan, and timeline for each proposed project.
       Sec. 8090.  The Director of National Intelligence shall 
     include the budget exhibits identified in paragraphs (1) and 
     (2) as described in the Department of Defense Financial 
     Management Regulation with the congressional budget 
     justification books:
       (1) For procurement programs requesting more than 
     $10,000,000 in any fiscal year, the P-1, Procurement Program; 
     P-5, Cost Analysis; P-5a, Procurement History and Planning; 
     P-21, Production Schedule; and P-40, Budget Item 
     Justification.
       (2) For research, development, test and evaluation projects 
     requesting more than $5,000,000 in any fiscal year, the R-1, 
     Research, Development, Test and Evaluation Program; R-2, 
     Research, Development, Test and Evaluation Budget Item 
     Justification; R-3, Research, Development, Test and 
     Evaluation Project Cost Analysis; and R-4, Research, 
     Development, Test and Evaluation Program Schedule Profile.
       Sec. 8091.  The amounts appropriated in title II of this 
     Act are hereby reduced by $515,000,000 to reflect excess cash 
     balances in Department of Defense Working Capital Funds, as 
     follows: From ``Operation and Maintenance, Army'', 
     $515,000,000.
       Sec. 8092. (a) Not later than 60 days after enactment of 
     this Act, the Office of the Director of National Intelligence 
     shall submit a report to the congressional intelligence 
     committees to establish the baseline for application of 
     reprogramming and transfer authorities for fiscal year 2012:  
     Provided, That the report shall include--
       (1) a table for each appropriation with a separate column 
     to display the President's budget request, adjustments made 
     by Congress, adjustments due to enacted rescissions, if 
     appropriate, and the fiscal year enacted level;
       (2) a delineation in the table for each appropriation by 
     Expenditure Center and project; and
       (3) an identification of items of special congressional 
     interest.

[[Page H9016]]

       (b) None of the funds provided for the National 
     Intelligence Program in this Act shall be available for 
     reprogramming or transfer until the report identified in 
     subsection (a) is submitted to the congressional intelligence 
     committees, unless the Director of National Intelligence 
     certifies in writing to the congressional intelligence 
     committees that such reprogramming or transfer is necessary 
     as an emergency requirement.
       Sec. 8093. (a) None of the funds provided for the National 
     Intelligence Program in this or any prior appropriations Act 
     shall be available for obligation or expenditure through a 
     reprogramming or transfer of funds in accordance with section 
     102A(d) of the National Security Act of 1947 (50 U.S.C. 403-
     1(d)) that--
       (1) creates a new start effort;
       (2) terminates a program with appropriated funding of 
     $10,000,000 or more;
       (3) transfers funding into or out of the National 
     Intelligence Program; or
       (4) transfers funding between appropriations,
     unless the congressional intelligence committees are notified 
     30 days in advance of such reprogramming of funds; this 
     notification period may be reduced for urgent national 
     security requirements.
       (b) None of the funds provided for the National 
     Intelligence Program in this or any prior appropriations Act 
     shall be available for obligation or expenditure through a 
     reprogramming or transfer of funds in accordance with section 
     102A(d) of the National Security Act of 1947 (50 U.S.C. 403-
     1(d)) that results in a cumulative increase or decrease of 
     the levels specified in the classified annex unless the 
     congressional intelligence committees are notified 30 days in 
     advance of such reprogramming of funds; this notification 
     period may be reduced for urgent national security 
     requirements.
       Sec. 8094.  The Director of National Intelligence shall 
     submit to Congress each year, at or about the time that the 
     President's budget is submitted to Congress that year under 
     section 1105(a) of title 31, United States Code, a future-
     years intelligence program (including associated annexes) 
     reflecting the estimated expenditures and proposed 
     appropriations included in that budget. Any such future-years 
     intelligence program shall cover the fiscal year with respect 
     to which the budget is submitted and at least the four 
     succeeding fiscal years.
       Sec. 8095.  For the purposes of this Act, the term 
     ``congressional intelligence committees'' means the Permanent 
     Select Committee on Intelligence of the House of 
     Representatives, the Select Committee on Intelligence of the 
     Senate, the Subcommittee on Defense of the Committee on 
     Appropriations of the House of Representatives, and the 
     Subcommittee on Defense of the Committee on Appropriations of 
     the Senate.
       Sec. 8096.  The Department of Defense shall continue to 
     report incremental contingency operations costs for Operation 
     New Dawn and Operation Enduring Freedom on a monthly basis in 
     the Cost of War Execution Report as prescribed in the 
     Department of Defense Financial Management Regulation 
     Department of Defense Instruction 7000.14, Volume 12, Chapter 
     23 ``Contingency Operations'', Annex 1, dated September 2005.

                     (including transfer of funds)

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

                     (including transfer of funds)

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

                     (including transfer of funds)

       Sec. 8104.  From within the funds appropriated for 
     operation and maintenance for the Defense Health Program in 
     this Act, up to $135,631,000, shall be available for transfer 
     to the Joint Department of Defense-Department of Veterans 
     Affairs Medical Facility Demonstration Fund in accordance 
     with the provisions of section 1704 of the National Defense 
     Authorization Act for Fiscal Year 2010, Public Law 111-84:  
     Provided, That for purposes of section 1704(b), the facility 
     operations funded are operations of the integrated Captain 
     James A. Lovell Federal Health Care Center, consisting of the 
     North Chicago Veterans Affairs Medical Center, the Navy 
     Ambulatory Care Center, and supporting facilities designated 
     as a combined Federal medical facility as described by 
     section 706 of Public Law 110-417:  Provided further, That 
     additional funds may be transferred from funds appropriated 
     for operation and maintenance for the Defense Health Program 
     to the Joint Department of Defense-Department of Veterans 
     Affairs Medical Facility Demonstration Fund upon written 
     notification by the Secretary of Defense to the Committees on 
     Appropriations of the House of Representatives and the 
     Senate.
       Sec. 8105.  Section 310(b) of the Supplemental 
     Appropriations Act, 2009 (Public Law 111-32; 124 Stat. 1871), 
     as amended by Public Law 112-10, is amended by striking ``2 
     years'' both places it appears and inserting ``3 years''.
       Sec. 8106.  The Office of the Director of National 
     Intelligence shall not employ more Senior Executive employees 
     than are specified in the classified annex:  Provided, That 
     not later than 90 days after the enactment of this Act, the 
     Director of National Intelligence shall submit to the 
     congressional intelligence committees the Office of the 
     Director of National Intelligence strategic human capital 
     plan and the Office of Director of National Intelligence 
     current and future grade structure, to include General 
     Schedule 15 positions.
       Sec. 8107.  None of the funds appropriated or otherwise 
     made available by this Act may be obligated or expended to 
     pay a retired general or

[[Page H9017]]

     flag officer to serve as a senior mentor advising the 
     Department of Defense unless such retired officer files a 
     Standard Form 278 (or successor form concerning public 
     financial disclosure under part 2634 of title 5, Code of 
     Federal Regulations) to the Office of Government Ethics.
       Sec. 8108.  Appropriations available to the Department of 
     Defense may be used for the purchase of heavy and light 
     armored vehicles for the physical security of personnel or 
     for force protection purposes up to a limit of $250,000 per 
     vehicle, notwithstanding price or other limitations 
     applicable to the purchase of passenger carrying vehicles.
       Sec. 8109.  The Inspector General of the Department of 
     Defense shall conduct a review of Anti-deficiency Act 
     violations and their causes in the Department of Defense 
     Military Personnel accounts. Based on the findings of the 
     review, the Inspector General shall submit to the 
     congressional defense committees a report containing the 
     results of the review and recommendations for corrective 
     actions to be implemented.
       Sec. 8110.  Of the amounts appropriated for ``Operation and 
     Maintenance, Defense-Wide'', $33,000,000 shall be available 
     to the Secretary of Defense, notwithstanding any other 
     provision of law, acting through the Office of Economic 
     Adjustment of the Department of Defense, to make grants, 
     conclude cooperative agreements, and supplement other Federal 
     funds, to remain available until expended, to assist the 
     civilian population of Guam in response to the military 
     buildup of Guam, to include addressing the need for vehicles 
     and supplies for civilian student transportation, 
     preservation and repository of artifacts unearthed during 
     military construction, and construction of a mental health 
     and substance abuse facility:  Provided, That the Secretary 
     of Defense shall, not fewer than 15 days prior to obligating 
     funds for this purpose, notify the congressional defense 
     committees in writing of the details of any such obligation.
       Sec. 8111.  None of the funds made available by this Act 
     may be used by the Secretary of Defense to take beneficial 
     occupancy of more than 2,000 parking spaces (other than 
     handicap-reserved spaces) to be provided by the BRAC 133 
     project:  Provided, That this limitation may be waived in 
     part if: (1) the Secretary of Defense certifies to Congress 
     that levels of service at existing intersections in the 
     vicinity of the project have not experienced failing levels 
     of service as defined by the Transportation Research Board 
     Highway Capacity Manual over a consecutive 90-day period; (2) 
     the Department of Defense and the Virginia Department of 
     Transportation agree on the number of additional parking 
     spaces that may be made available to employees of the 
     facility subject to continued 90-day traffic monitoring; and 
     (3) the Secretary of Defense notifies the congressional 
     defense committees in writing at least 14 days prior to 
     exercising this waiver of the number of additional parking 
     spaces to be made available:  Provided further, That the 
     Secretary of Defense shall implement the Department of 
     Defense Inspector General recommendations outlined in report 
     number DODIG-2012-024, and certify to Congress not later than 
     180 days after enactment of this Act that the recommendations 
     have been implemented.
       Sec. 8112. (a) None of the funds provided in this title for 
     Operation and Maintenance may be available for obligation or 
     expenditure to relocate Air Force program offices, or 
     acquisition management functions of major weapons systems, to 
     a central location, or to any location other than the Air 
     Force Material Command site where they are currently located 
     until 30 days after the Secretary of the Air Force submits 
     the initial report under subsection (b).
       (b) The Secretary of the Air Force shall submit to the 
     congressional defense committees a report which includes the 
     following: a listing of all Air Force Material Command 
     functions to be transferred and an identification of the 
     locations where these functions will be transferred from and 
     to; a listing of all Air Force Material Command personnel 
     positions to be transferred and an identification of the 
     locations these positions will be transferred from and to; 
     and the cost benefit analysis and the life-cycle cost 
     analysis underpinning the Secretary of the Air Force's 
     decision to relocate Air Force Material Command functions and 
     personnel.
       Sec. 8113.  Not later than 120 days after the date of the 
     enactment of this Act, the Secretary of Defense shall resume 
     quarterly reporting of the numbers of civilian personnel end 
     strength by appropriation account for each and every 
     appropriation account used to finance Federal civilian 
     personnel salaries to the congressional defense committees 
     within 15 days after the end of each fiscal quarter.
       Sec. 8114.  In addition to amounts provided elsewhere in 
     this Act, $10,000,000 is hereby appropriated, for an 
     additional amount for ``Research, Development, Test and 
     Evaluation, Army'', to remain available until September 30, 
     2013. Such funds may be available for the Secretary of the 
     Army to conduct research on alternative energy resources for 
     deployed forces.
       Sec. 8115.  The Secretary of Defense shall study and report 
     to the Congressional Defense Committees the feasibility of 
     using commercially available telecommunications expense 
     management solutions across the Department of Defense by 
     March 1, 2012.
       Sec. 8116.  None of the funds appropriated in this or any 
     other Act may be used to plan, prepare for, or otherwise take 
     any action to undertake or implement the separation of the 
     National Intelligence Program budget from the Department of 
     Defense budget.

                     (including transfer of funds)

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

                     (including transfer of funds)

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

[[Page H9018]]

       (d)(1) The Secretary of Defense may waive the applicability 
     to a detainee transfer of a certification requirement 
     specified in subparagraph (D) or (E) of subsection (b)(1) or 
     the prohibition in subsection (c), if the Secretary certifies 
     the rest of the criteria required by subsection (b) for 
     transfers prohibited by (c) and, with the concurrence of the 
     Secretary of State and in consultation with the Director of 
     National Intelligence, determines that--
       (A) alternative actions will be taken to address the 
     underlying purpose of the requirement or requirements to be 
     waived;
       (B) in the case of a waiver of subparagraph (D) or (E) of 
     subsection (b)(1), it is not possible to certify that the 
     risks addressed in the paragraph to be waived have been 
     completely eliminated, but the actions to be taken under 
     subparagraph (A) will substantially mitigate such risks with 
     regard to the individual to be transferred;
       (C) in the case of a waiver of subsection (c), the 
     Secretary has considered any confirmed case in which an 
     individual who was transferred to the country subsequently 
     engaged in terrorist activity, and the actions to be taken 
     under subparagraph (A) will substantially mitigate the risk 
     of recidivism with regard to the individual to be 
     transferred; and
       (D) the transfer is in the national security interests of 
     the United States.
       (2) Whenever the Secretary makes a determination under 
     paragraph (1), the Secretary shall submit to the appropriate 
     committees of Congress, not later than 30 days before the 
     transfer of the individual concerned, the following:
       (A) A copy of the determination and the waiver concerned.
       (B) A statement of the basis for the determination, 
     including--
       (i) an explanation why the transfer is in the national 
     security interests of the United States; and
       (ii) in the case of a waiver of subparagraph (D) or (E) of 
     subsection (b)(1), an explanation why it is not possible to 
     certify that the risks addressed in the subparagraph to be 
     waived have been completely eliminated.
       (C) A summary of the alternative actions to be taken to 
     address the underlying purpose of, and to mitigate the risks 
     addressed in, the subparagraph or subsection to be waived.
       (D) The assessment required by subsection (b)(2).
       (e) In this section:
       (1) The term ``appropriate committees of Congress'' means--
       (A) the Committee on Armed Services, the Committee on 
     Appropriations, and the Select Committee on Intelligence of 
     the Senate; and
       (B) the Committee on Armed Services, the Committee on 
     Appropriations, and the Permanent Select Committee on 
     Intelligence of the House of Representatives.
       (2) The term ``individual detained at Guantanamo'' means 
     any individual located at United States Naval Station, 
     Guantanamo Bay, Cuba, as of October 1, 2009, who--
       (A) is not a citizen of the United States or a member of 
     the Armed Forces of the United States; and
       (B) is--
       (i) in the custody or under the control of the Department 
     of Defense; or
       (ii) otherwise under detention at United States Naval 
     Station, Guantanamo Bay, Cuba.
       (3) The term ``foreign terrorist organization'' means any 
     organization so designated by the Secretary of State under 
     section 219 of the Immigration and Nationality Act (8 U.S.C. 
     1189).
       Sec. 8121. (a) None of the funds appropriated or otherwise 
     made available in this or any other Act may be used to 
     construct, acquire, or modify any facility in the United 
     States, its territories, or possessions to house any 
     individual described in subsection (c) for the purposes of 
     detention or imprisonment in the custody or under the 
     effective control of the Department of Defense.
       (b) The prohibition in subsection (a) shall not apply to 
     any modification of facilities at United States Naval 
     Station, Guantanamo Bay, Cuba.
       (c) An individual described in this subsection is any 
     individual who, as of June 24, 2009, is located at United 
     States Naval Station, Guantanamo Bay, Cuba, and who--
       (1) is not a citizen of the United States or a member of 
     the Armed Forces of the United States; and
       (2) is--
       (A) in the custody or under the effective control of the 
     Department of Defense; or
       (B) otherwise under detention at United States Naval 
     Station, Guantanamo Bay, Cuba.
       Sec. 8122.  Of the funds made available to the Department 
     of Defense under ``Operation and Maintenance, Defense-Wide'' 
     in title II, $1,000,000 may be available to the Department to 
     competitively commission an independent assessment of the 
     current and prospective situation on the ground in 
     Afghanistan and Pakistan, including the strategic environment 
     in and around Afghanistan and Pakistan; the security, 
     political, and economic and reconstruction developments in 
     those two countries; and relevant policy recommendations 
     relating thereto.
       Sec. 8123.  Not later than 90 days after the date of the 
     enactment of this Act, the Secretary of Defense shall submit 
     to the congressional defense committees a report on the 
     approximately $100,000,000,000 in efficiency savings 
     identified by the military departments in the defense budget 
     covering fiscal years 2012 through 2016 that are to be 
     reinvested in the priorities of the military departments. 
     Such report shall include an analysis of--
       (1) each savings identified by the military departments, 
     including--
       (A) the budget account from which such savings will be 
     derived;
       (B) the number of military personnel and full-time civilian 
     employees of the Federal Government affected by such savings;
       (C) the estimated reductions in the number and funding of 
     contractor personnel caused by such savings; and
       (D) a specific description of activities or services that 
     will be affected by such savings, including the locations of 
     such activities or services; and
       (2) each reinvestment planned to be funded with such 
     savings, including--
       (A) with respect to such reinvestment in procurement and 
     research, development, test and evaluation accounts, the 
     budget account to which such savings will be reinvested, 
     including, by line item, the number of items to be procured, 
     as shown in annual P-1 and R-1 documents;
       (B) with respect to such reinvestment in military personnel 
     and operation and maintenance accounts, the budget account 
     and the subactivity (as shown in annual-1 and O-1 budget 
     documents) to which such savings will be reinvested;
       (C) the number of military personnel and full-time civilian 
     employees of the Federal Government affected by such 
     reinvestment;
       (D) the estimated number and funding of contractor 
     personnel affected by such reinvestment; and
       (E) a specific description of activities or services that 
     will be affected by such reinvestment, including the 
     locations of such activities or services.
       Sec. 8124.  None of the funds made available by this Act 
     may be used to enter into a contract, memorandum of 
     understanding, or cooperative agreement with, make a grant 
     to, or provide a loan or loan guarantee to, any corporation 
     that any unpaid Federal tax liability that has been assessed, 
     for which all judicial and administrative remedies have been 
     exhausted or have lapsed, and that is not being paid in a 
     timely manner pursuant to an agreement with the authority 
     responsible for collecting the tax liability, where the 
     awarding agency is aware of the unpaid tax liability, unless 
     the agency has considered suspension or debarment of the 
     corporation and made a determination that this further action 
     is not necessary to protect the interests of the Government.
       Sec. 8125.  None of the funds made available by this Act 
     may be used to enter into a contract, memorandum of 
     understanding, or cooperative agreement with, make a grant 
     to, or provide a loan or loan guarantee to, any corporation 
     that was convicted of a felony criminal violation under any 
     Federal law within the preceding 24 months, where the 
     awarding agency is aware of the conviction, unless the agency 
     has considered suspension or debarment of the corporation and 
     made a determination that this further action is not 
     necessary to protect the interests of the Government.

                     (including transfer of funds)

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

                                TITLE IX

                    OVERSEAS CONTINGENCY OPERATIONS

                           MILITARY PERSONNEL

                        Military Personnel, Army

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

                        Military Personnel, Navy

       For an additional amount for ``Military Personnel, Navy'', 
     $1,259,234,000:  Provided, That such amounts in this 
     paragraph are designated

[[Page H9019]]

     by the Congress for Overseas Contingency Operations/Global 
     War on Terrorism pursuant to section 251(b)(2)(A) of the 
     Balanced Budget and Emergency Deficit Control Act of 1985.

                    Military Personnel, Marine Corps

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

                     Military Personnel, Air Force

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

                        Reserve Personnel, Army

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

                        Reserve Personnel, Navy

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

                    Reserve Personnel, Marine Corps

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

                      Reserve Personnel, Air Force

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

                     National Guard Personnel, Army

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

                  National Guard Personnel, Air Force

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

                       OPERATION AND MAINTENANCE

                    Operation and Maintenance, Army

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

                    Operation and Maintenance, Navy

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

                Operation and Maintenance, Marine Corps

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

                  Operation and Maintenance, Air Force

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

                Operation and Maintenance, Defense-Wide

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

                Operation and Maintenance, Army Reserve

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

                Operation and Maintenance, Navy Reserve

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

            Operation and Maintenance, Marine Corps Reserve

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

              Operation and Maintenance, Air Force Reserve

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

             Operation and Maintenance, Army National Guard

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

             Operation and Maintenance, Air National Guard

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

                    Afghanistan Infrastructure Fund

                     (including transfer of funds)

       For the ``Afghanistan Infrastructure Fund'', $400,000,000, 
     to remain available until September 30, 2013:  Provided, That 
     such sums shall be available for infrastructure projects in 
     Afghanistan, notwithstanding any other provision of law, 
     which shall be undertaken by the Secretary of State, unless 
     the Secretary of State and the Secretary of Defense jointly 
     decide that a specific project will be undertaken by the 
     Department of Defense:  Provided further, That the 
     infrastructure referred to in the preceding proviso is in 
     support of the counterinsurgency strategy, requiring funding 
     for facility and infrastructure projects, including, but not 
     limited to, water, power, and transportation projects and 
     related maintenance and sustainment costs:  Provided further, 
     That the authority to undertake such infrastructure projects 
     is in addition to any other authority to provide assistance 
     to foreign nations:  Provided further, That any projects 
     funded by this appropriation shall be jointly formulated and 
     concurred in by the Secretary of State and Secretary of 
     Defense:  Provided further, That funds may be transferred to 
     the Department of State for purposes of undertaking projects, 
     which funds shall be considered to be economic assistance 
     under the Foreign Assistance Act of 1961 for purposes of 
     making available the administrative authorities contained in 
     that Act:  Provided further, That the transfer authority in 
     the preceding proviso is in addition to any other authority 
     available to the Department of Defense to transfer funds:  
     Provided further, That any unexpended funds transferred to 
     the Secretary of State under this authority shall be returned 
     to the Afghanistan Infrastructure Fund if the Secretary of 
     State, in coordination

[[Page H9020]]

     with the Secretary of Defense, determines that the project 
     cannot be implemented for any reason, or that the project no 
     longer supports the counterinsurgency strategy in 
     Afghanistan:  Provided further, That any funds returned to 
     the Secretary of Defense under the previous proviso shall be 
     available for use under this appropriation and shall be 
     treated in the same manner as funds not transferred to the 
     Secretary of State:  Provided further, That contributions of 
     funds for the purposes provided herein to the Secretary of 
     State in accordance with section 635(d) of the Foreign 
     Assistance Act from any person, foreign government, or 
     international organization may be credited to this Fund, to 
     remain available until expended, and used for such purposes:  
     Provided further, That the Secretary of Defense shall, not 
     fewer than 15 days prior to making transfers to or from, or 
     obligations from the Fund, notify the appropriate committees 
     of Congress in writing of the details of any such transfer:  
     Provided further, That the ``appropriate committees of 
     Congress'' are the Committees on Armed Services, Foreign 
     Relations and Appropriations of the Senate and the Committees 
     on Armed Services, Foreign Affairs and Appropriations of the 
     House of Representatives:  Provided further, That such 
     amounts in this paragraph are designated by the Congress for 
     Overseas Contingency Operations/Global War on Terrorism 
     pursuant to section 251(b)(2)(A) of the Balanced Budget and 
     Emergency Deficit Control Act of 1985.

                    Afghanistan Security Forces Fund

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

                              PROCUREMENT

                       Aircraft Procurement, Army

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

                       Missile Procurement, Army

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

        Procurement of Weapons and Tracked Combat Vehicles, Army

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

                    Procurement of Ammunition, Army

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

                        Other Procurement, Army

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

                       Aircraft Procurement, Navy

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

                       Weapons Procurement, Navy

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

            Procurement of Ammunition, Navy and Marine Corps

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

                        Other Procurement, Navy

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

                       Procurement, Marine Corps

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

                    Aircraft Procurement, Air Force

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

                     Missile Procurement, Air Force

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

                  Procurement of Ammunition, Air Force

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

                      Other Procurement, Air Force

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

                       Procurement, Defense-Wide

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

                  National Guard and Reserve Equipment

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

              Mine Resistant Ambush Protected Vehicle Fund

                     (including transfer of funds)

       For the Mine Resistant Ambush Protected Vehicle Fund, 
     $2,600,170,000, to remain available until September 30, 2013: 
      Provided, That such funds shall be available to the 
     Secretary of Defense, notwithstanding any other provision of 
     law, to procure, sustain, transport, and field Mine Resistant 
     Ambush Protected vehicles:  Provided further, That the 
     Secretary shall transfer such funds only to appropriations 
     made available in this or any other Act for operation and 
     maintenance; procurement; research, development, test and 
     evaluation; and defense working

[[Page H9021]]

     capital funds to accomplish the purpose provided herein:  
     Provided further, That such transferred funds shall be merged 
     with and be available for the same purposes and the same time 
     period as the appropriation to which transferred:  Provided 
     further, That this transfer authority is in addition to any 
     other transfer authority available to the Department of 
     Defense:  Provided further, That the Secretary shall, not 
     fewer than 10 days prior to making transfers from this 
     appropriation, notify the congressional defense committees in 
     writing of the details of any such transfer:  Provided 
     further, That such amounts in this paragraph are designated 
     by the Congress for Overseas Contingency Operations/Global 
     War on Terrorism pursuant to section 251(b)(2)(A) of the 
     Balanced Budget and Emergency Deficit Control Act of 1985.

               RESEARCH, DEVELOPMENT, TEST AND EVALUATION

            Research, Development, Test and Evaluation, Army

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

            Research, Development, Test and Evaluation, Navy

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

         Research, Development, Test and Evaluation, Air Force

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

        Research, Development, Test and Evaluation, Defense-Wide

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

                     REVOLVING AND MANAGEMENT FUNDS

                     Defense Working Capital Funds

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

                  OTHER DEPARTMENT OF DEFENSE PROGRAMS

                         Defense Health Program

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

         Drug Interdiction and Counter-Drug Activities, Defense

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

             Joint Improvised Explosive Device Defeat Fund

                     (including transfer of funds)

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

                    Office of the Inspector General

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

                     GENERAL PROVISIONS--THIS TITLE

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

                     (including transfer of funds)

       Sec. 9002.  Upon the determination of the Secretary of 
     Defense that such action is necessary in the national 
     interest, the Secretary may, with the approval of the Office 
     of Management and Budget, transfer up to $4,000,000,000 
     between the appropriations or funds made available to the 
     Department of Defense in this title:  Provided, That the 
     Secretary shall notify the Congress promptly of each transfer 
     made pursuant to the authority in this section:  Provided 
     further, That the authority provided in this section is in 
     addition to any other transfer authority available to the 
     Department of Defense and is subject to the same terms and 
     conditions as the authority provided in the Department of 
     Defense Appropriations Act, 2012.
       Sec. 9003.  Supervision and administration costs associated 
     with a construction project funded with appropriations 
     available for operation and maintenance, ``Afghanistan 
     Infrastructure Fund'', or the ``Afghanistan Security Forces 
     Fund'' provided in this Act and executed in direct support of 
     overseas contingency operations in Afghanistan, may be 
     obligated at the time a construction contract is awarded:  
     Provided, That for the purpose of this section, supervision 
     and administration costs include all in-house Government 
     costs.
       Sec. 9004.  From funds made available in this title, the 
     Secretary of Defense may purchase for use by military and 
     civilian employees of the Department of Defense in the U.S. 
     Central Command area of responsibility: (a) passenger motor 
     vehicles up to a limit of $75,000 per vehicle; and (b) heavy 
     and light armored vehicles for the physical security of 
     personnel or for force protection purposes up to a limit of 
     $250,000 per vehicle, notwithstanding price or other 
     limitations applicable to the purchase of passenger carrying 
     vehicles.
       Sec. 9005.  Not to exceed $400,000,000 of the amount 
     appropriated in this title under the heading ``Operation and 
     Maintenance, Army'' may be used, notwithstanding any other 
     provision of law, to fund the Commander's Emergency Response 
     Program (CERP), for the purpose of enabling military 
     commanders in Afghanistan to respond to urgent, small-scale, 
     humanitarian relief and reconstruction requirements within 
     their areas of responsibility:  Provided, That each project 
     (including any ancillary or related elements in connection 
     with such project) executed under this authority shall not 
     exceed $20,000,000:  Provided further, That not later than 45 
     days after the end of each fiscal year quarter, the Secretary 
     of Defense shall submit to the congressional defense 
     committees a report regarding the source of funds and the 
     allocation and use of funds during that quarter that were 
     made available pursuant to the authority provided in this 
     section or under any other provision of law for the purposes 
     described herein:  Provided further, That, not later than 30 
     days after the end of each month, the Army shall submit to 
     the congressional defense committees monthly commitment, 
     obligation, and expenditure data for the Commander's 
     Emergency Response Program in Afghanistan:  Provided further, 
     That not less than 15 days before making funds available 
     pursuant to the authority provided in this section or under 
     any other provision of law for the purposes described herein 
     for a project with a total anticipated cost for completion of 
     $5,000,000 or more, the Secretary shall submit to the 
     congressional defense committees a written notice containing 
     each of the following:
       (1) The location, nature and purpose of the proposed 
     project, including how the project is intended to advance the 
     military campaign plan for the country in which it is to be 
     carried out.
       (2) The budget, implementation timeline with milestones, 
     and completion date for the proposed project, including any 
     other CERP funding that has been or is anticipated to be 
     contributed to the completion of the project.
       (3) A plan for the sustainment of the proposed project, 
     including the agreement with either the host nation, a non-
     Department of Defense agency of the United States Government 
     or a third-party contributor to finance the sustainment of 
     the activities and maintenance of any equipment or facilities 
     to be provided through the proposed project.
       Sec. 9006.  Funds available to the Department of Defense 
     for operation and maintenance may be used, notwithstanding 
     any other provision of law, to provide supplies, services, 
     transportation, including airlift and sealift, and other 
     logistical support to coalition forces supporting military 
     and stability operations in Iraq and Afghanistan:  Provided, 
     That the Secretary of Defense shall provide quarterly reports 
     to the congressional defense committees regarding support 
     provided under this section.
       Sec. 9007.  None of the funds appropriated or otherwise 
     made available by this or any other Act shall be obligated or 
     expended by the United States Government for a purpose as 
     follows:

[[Page H9022]]

       (1) To establish any military installation or base for the 
     purpose of providing for the permanent stationing of United 
     States Armed Forces in Iraq.
       (2) To exercise United States control over any oil resource 
     of Iraq.
       (3) To establish any military installation or base for the 
     purpose of providing for the permanent stationing of United 
     States Armed Forces in Afghanistan.
       Sec. 9008.  None of the funds made available in this Act 
     may be used in contravention of the following laws enacted or 
     regulations promulgated to implement the United Nations 
     Convention Against Torture and Other Cruel, Inhuman or 
     Degrading Treatment or Punishment (done at New York on 
     December 10, 1984):
       (1) Section 2340A of title 18, United States Code.
       (2) Section 2242 of the Foreign Affairs Reform and 
     Restructuring Act of 1998 (division G of Public Law 105-277; 
     112 Stat. 2681-822; 8 U.S.C. 1231 note) and regulations 
     prescribed thereto, including regulations under part 208 of 
     title 8, Code of Federal Regulations, and part 95 of title 
     22, Code of Federal Regulations.
       (3) Sections 1002 and 1003 of the Department of Defense, 
     Emergency Supplemental Appropriations to Address Hurricanes 
     in the Gulf of Mexico, and Pandemic Influenza Act, 2006 
     (Public Law 109-148).
       Sec. 9009.  None of the funds provided for the 
     ``Afghanistan Security Forces Fund'' (ASFF) may be obligated 
     prior to the approval of a financial and activity plan by the 
     Afghanistan Resources Oversight Council (AROC) of the 
     Department of Defense:  Provided, That the AROC must approve 
     the requirement and acquisition plan for any service 
     requirements in excess of $50,000,000 annually and any non-
     standard equipment requirements in excess of $100,000,000 
     using ASFF:  Provided further, That the AROC must approve all 
     projects and the execution plan under the ``Afghanistan 
     Infrastructure Fund'' (AIF) and any project in excess of 
     $5,000,000 from the Commanders Emergency Response Program 
     (CERP):  Provided further, That the Department of Defense 
     must certify to the congressional defense committees that the 
     AROC has convened and approved a process for ensuring 
     compliance with the requirements in the preceding provisos 
     and accompanying report language for the ASFF, AIF, and CERP.
       Sec. 9010. (a) Funding for Outreach and Reintegration 
     Services Under Yellow Ribbon Reintegration Program.--Of the 
     amounts appropriated or otherwise made available by title IX, 
     up to $20,000,000 may be available for outreach and 
     reintegration services under the Yellow Ribbon Reintegration 
     Program under section 582(h) of the National Defense 
     Authorization Act for Fiscal Year 2008 (Public Law 110-181; 
     122 Stat. 125; 10 U.S.C. 10101 note).
       (b) Supplement Not Supplant.--The amount made available by 
     subsection (a) for the services described in that subsection 
     is in addition to any other amounts available in this Act for 
     such services.
       Sec. 9011.  Funds made available in this title to the 
     Department of Defense for operation and maintenance may be 
     used to purchase items having an investment unit cost of not 
     more than $250,000:  Provided, That, upon determination by 
     the Secretary of Defense that such action is necessary to 
     meet the operational requirements of a Commander of a 
     Combatant Command engaged in contingency operations overseas, 
     such funds may be used to purchase items having an investment 
     item unit cost of not more than $500,000.
       Sec. 9012.  Notwithstanding any other provision of law, up 
     to $150,000,000 of funds made available in this title under 
     the heading ``Operation and Maintenance, Army'' may be 
     obligated and expended for purposes of the Task Force for 
     Business and Stability Operations, subject to the direction 
     and control of the Secretary of Defense, with concurrence of 
     the Secretary of State, to carry out strategic business and 
     economic assistance activities in Afghanistan in support of 
     Operation Enduring Freedom:  Provided, That not less than 15 
     days before making funds available pursuant to the authority 
     provided in this section for any project with a total 
     anticipated cost of $5,000,000 or more, the Secretary shall 
     submit to the congressional defense committees a written 
     notice containing a detailed justification and timeline for 
     each proposed project.
       Sec. 9013.  From funds made available to the Department of 
     Defense in this title under the heading ``Operation and 
     Maintenance, Air Force'' up to $524,000,000 may be used by 
     the Secretary of Defense, notwithstanding any other provision 
     of law, to support United States Government transition 
     activities in Iraq by funding the operations and activities 
     of the Office of Security Cooperation in Iraq and security 
     assistance teams, including life support, transportation and 
     personal security, and facilities renovation and 
     construction:  Provided, That not less than 15 days before 
     making funds available pursuant to the authority provided in 
     this section, the Secretary shall submit to the congressional 
     defense committees a written notice containing a detailed 
     justification and timeline for each proposed site.
       Sec. 9014.  The amounts appropriated in title IX of this 
     Act are hereby reduced by $4,042,500,000 to reflect reduced 
     troop strength in theater:  Provided, That the reductions 
     shall be applied to the military personnel and operation and 
     maintenance appropriations only:  Provided further, That the 
     Secretary of Defense shall, not fewer than 15 days prior to 
     reducing funds for this purpose, notify the congressional 
     defense committees in writing of the details of any such 
     reduction by appropriation and budget line item.
       Sec. 9015.  Of the funds appropriated in Department of 
     Defense Appropriations Acts, the following funds are hereby 
     rescinded from the following accounts and programs in the 
     specified amounts:  Provided, That such amounts are 
     designated by the Congress for Overseas Contingency 
     Operations/Global War on Terrorism pursuant to section 
     251(b)(2)(A) of the Balanced Budget and Emergency Deficit 
     Control Act of 1985:
       ``Overseas Contingency Operations Transfer Fund, 2010'', 
     $356,810,000;
       ``Procurement of Ammunition, Army, 2010/2012'', 
     $21,000,000;
       ``Other Procurement, Air Force, 2010/2012'', $2,250,000.
       This division may be cited as the ``Department of Defense 
     Appropriations Act, 2012''.

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

                                TITLE I

                       CORPS OF ENGINEERS--CIVIL

                         DEPARTMENT OF THE ARMY

                       Corps of Engineers--civil

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

                             investigations

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

                              construction

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

                   mississippi river and tributaries

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

                       operation and maintenance

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

[[Page H9023]]

     Engineers shall allocate during the fourth quarter any 
     remaining funds which have not been used for emergency 
     activities proportionally in accordance with the amounts 
     provided for the programs, projects or activities.

                           regulatory program

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

            formerly utilized sites remedial action program

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

                 flood control and coastal emergencies

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

                                expenses

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

     office of the assistant secretary of the army for civil works

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

                        administrative provision

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

             general provisions--corps of engineers--civil

                     (including transfers of funds)

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

[[Page H9024]]

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

[[Page H9025]]

     seconds east 854.35 feet to a point (5) with coordinates 
     N147872.56, E375994.23; thence running north 7 degrees 47 
     minutes 21.9 seconds west 753.83 feet to a point (6) with 
     coordinates N148619.44, E375892.06; thence running north 88 
     degrees 46 minutes 16.7 seconds east 281.85 feet to a point 
     (7) with coordinates N148625.48, E376173.85; thence running 
     south 7 degrees 47 minutes 21.9 seconds east 716.4 feet to a 
     point (8) with coordinates N147915.69, E376270.94; thence 
     running north 80 degrees 17 minutes 42.3 seconds east 315.3 
     feet to a point (9) with coordinates N147968.85, E.76581.73; 
     thence running south 9 degrees 42 minutes 20.3 seconds east 
     248.07 feet to a point (10) with coordinates N147724.33, 
     E376623.55; thence running south 2 degrees 10 minutes 43.3 
     seconds east 318.09 feet to a point (11) with coordinates 
     N147406.47, E376635.64; thence running north 78 degrees 56 
     minutes 15.6 seconds east 571.11 feet to a point (12) with 
     coordinates N147516.06, E377196.15; thence running south 88 
     degrees 57 minutes 2.3 seconds east 755.09 feet to a point 
     (13) with coordinates N147502.23, E377951.11; thence running 
     south 1 degree 2 minutes 57.7 seconds west 100.00 feet to a 
     point (14) with coordinates N147402.25, E377949.28; thence 
     running north 88 degrees 57 minutes 2.3 seconds west 744.48 
     feet to a point (15) with coordinates N147415.88, E377204.92; 
     thence running south 78 degrees 56 minutes 15.6 seconds west 
     931.17 feet to a point (16) with coordinates N147237.21, 
     E376291.06; thence running south 39 degrees 26 minutes 18.7 
     seconds west 208.34 feet to a point (17) with coordinates 
     N147076.31, E376158.71; thence running south 0 degrees 3 
     minutes 38.1 seconds east 1,528.26 feet to a point (18) with 
     coordinates N145548.05, E376160.32; thence running south 26 
     degrees 29 minutes 48.1 seconds west 686.83 feet to a point 
     (19) with coordinates N144933.37, E375853.90; thence running 
     south 73 degrees 11 minutes 42.9 seconds west 1,429.51 feet 
     to end at a point (20) with coordinates N144520.08, 
     E374485.44.
       Sec. 118.  None of the funds made available to the Corps of 
     Engineers by this Act may be used for the removal or 
     associated mitigation of Federal Energy Regulatory Commission 
     Project number 2342.
       Sec. 119.  None of the funds made available by this Act may 
     be used for the study of the Missouri River Projects 
     authorized in section 108 of the Energy and Water Development 
     and Related Agencies Appropriations Act, 2009 (division C of 
     Public Law 111-8).
       Sec. 120.  None of the funds made available in this Act may 
     be used to continue the study conducted by the Army Corps of 
     Engineers pursuant to section 5018(a)(1) of the Water 
     Resources Development Act of 2007.

                                TITLE II

                       DEPARTMENT OF THE INTERIOR

                          Central Utah Project

                central utah project completion account

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

                         Bureau of Reclamation

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

                      water and related resources

                     (including transfers of funds)

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

                central valley project restoration fund

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

                    california bay-delta restoration

                     (including transfers of funds)

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

                       policy and administration

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

                        administrative provision

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

             GENERAL PROVISIONS--DEPARTMENT OF THE INTERIOR

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

[[Page H9026]]

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

                               TITLE III

                          DEPARTMENT OF ENERGY

                            ENERGY PROGRAMS

                 Energy Efficiency and Renewable Energy

                    (including rescission of funds)

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

              Electricity Delivery and Energy Reliability

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

                             Nuclear Energy

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

                 Fossil Energy Research and Development

                    (including rescission of funds)

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

                 Naval Petroleum and Oil Shale Reserves

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

                      Strategic Petroleum Reserve

       For necessary expenses for Strategic Petroleum Reserve 
     facility development and operations and program management 
     activities pursuant to the Energy Policy and Conservation

[[Page H9027]]

     Act of 1975, as amended (42 U.S.C. 6201 et seq.), 
     $192,704,000, to remain available until expended.

                         SPR Petroleum Account

                    (including rescission of funds)

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

                   Northeast Home Heating Oil Reserve

                    (including rescission of funds)

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

                   Energy Information Administration

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

                   Non-defense Environmental Cleanup

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

      Uranium Enrichment Decontamination and Decommissioning Fund

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

                                Science

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

               Advanced Research Projects Agency--Energy

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

         Title 17 Innovative Technology Loan Guarantee Program

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

        Advanced Technology Vehicles Manufacturing Loan Program

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

                      Departmental Administration

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

                    Office of the Inspector General

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

                    ATOMIC ENERGY DEFENSE ACTIVITIES

                NATIONAL NUCLEAR SECURITY ADMINISTRATION

                           Weapons Activities

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

                    Defense Nuclear Nonproliferation

                    (including rescission of funds)

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

                             Naval Reactors

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

                      Office of the Administrator

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

               ENVIRONMENTAL AND OTHER DEFENSE ACTIVITIES

                     Defense Environmental Cleanup

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

                        Other Defense Activities

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

                    POWER MARKETING ADMINISTRATIONS

                  Bonneville Power Administration Fund

       Expenditures from the Bonneville Power Administration Fund, 
     established pursuant to Public Law 93-454, are approved for 
     the Kootenai River Native Fish Conservation Aquaculture 
     Program, Lolo Creek Permanent Weir Facility, and Improving 
     Anadromous Fish production on

[[Page H9028]]

     the Warm Springs Reservation, and, in addition, for official 
     reception and representation expenses in an amount not to 
     exceed $7,000. During fiscal year 2012, no new direct loan 
     obligations may be made.

      Operation and Maintenance, Southeastern Power Administration

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

      Operation and Maintenance, Southwestern Power Administration

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

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

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

           Falcon and Amistad Operating and Maintenance Fund

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

                  Federal Energy Regulatory Commission

                         salaries and expenses

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

                GENERAL PROVISIONS--DEPARTMENT OF ENERGY

              (including rescission and transfer of funds)

       Sec. 301. (a) No appropriation, funds, or authority made 
     available by this title for the Department of Energy shall be 
     used to initiate or resume any program, project, or activity 
     or to prepare or initiate Requests For Proposals or similar 
     arrangements (including Requests for Quotations, Requests for 
     Information, and Funding Opportunity Announcements) for a 
     program, project, or activity if the program, project, or 
     activity has not been funded by Congress.
       (b) The Department of Energy may not, with respect to any 
     program, project, or activity that uses budget authority made 
     available in this title under the heading ``Department of 
     Energy--Energy Programs'', enter into a multi-year contract, 
     award a multi-year grant, or enter into a multi-year 
     cooperative agreement unless the contract, grant, or 
     cooperative agreement includes a clause conditioning the 
     Federal Government's obligation on the availability of 
     future-year budget authority and the Secretary notifies the 
     Committees on Appropriations of the House of Representatives 
     and the Senate at least 14 days in advance.
       (c) Except as provided in this section, the amounts made 
     available by this title shall be expended as authorized by 
     law for the projects and activities specified in the 
     ``Conference'' column in the ``Department of Energy'' table 
     included under the heading ``Title III--Department of 
     Energy'' in the joint explanatory statement accompanying this 
     Act.
       (d) The amounts made available by this title may be 
     reprogrammed for any program, project, or activity, and the 
     Department shall notify the Committees on Appropriations of 
     the House of Representatives and the Senate at least 30 days 
     prior to the use of any proposed reprogramming which would 
     cause any program, project, or activity funding level to 
     increase or decrease by more than $5,000,000 or 10 percent, 
     whichever is less, during the time period covered by this 
     Act.
       (e) Notwithstanding subsection (c), none of the funds 
     provided in this title shall be available for obligation or 
     expenditure through a reprogramming of funds that--
       (1) creates, initiates, or eliminates a program, project, 
     or activity,
       (2) increases funds or personnel for any program, project, 
     or activity for which funds are denied or restricted by this 
     Act, or
       (3) reduces funds that are directed to be used for a 
     specific program, project, or activity by this Act.
       (f)(1) The Secretary of Energy may waive any requirement or 
     restriction in this section that applies to the use of funds 
     made available for the Department of Energy if compliance 
     with such requirement or restriction would pose a substantial 
     risk to human health, the environment, welfare, or national 
     security.
       (2) The Secretary of Energy shall notify the Committees on 
     Appropriations of any waiver under paragraph (1) as soon as 
     practicable, but not later than 3 days after the date of the 
     activity to which a requirement or restriction would

[[Page H9029]]

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

                                TITLE IV

                          INDEPENDENT AGENCIES

                    Appalachian Regional Commission

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

[[Page H9030]]

                Defense Nuclear Facilities Safety Board

                         salaries and expenses

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

                        Delta Regional Authority

                         salaries and expenses

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

                           Denali Commission

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

                  Northern Border Regional Commission

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

                 Southeast Crescent Regional Commission

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

                     Nuclear Regulatory Commission

                         salaries and expenses

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

                      office of inspector general

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

                  Nuclear Waste Technical Review Board

                         salaries and expenses

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

Office of the Federal Coordinator for Alaska Natural Gas Transportation 
                                Projects

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

                GENERAL PROVISIONS--INDEPENDENT AGENCIES

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

                                TITLE V

                           GENERAL PROVISIONS

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

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

                                TITLE I

                       DEPARTMENT OF THE TREASURY

                          Departmental Offices

                         salaries and expenses

       For necessary expenses of the Departmental Offices 
     including operation and maintenance of the Treasury Building 
     and Annex; hire of passenger motor vehicles; maintenance, 
     repairs, and improvements of, and purchase of commercial 
     insurance policies for, real properties leased or owned 
     overseas, when necessary for the performance of official 
     business; terrorism and financial intelligence activities; 
     executive direction program activities; international affairs 
     and economic policy activities; domestic finance and tax 
     policy activities; and Treasury-wide management policies and 
     programs activities, $308,388,000:  Provided, That of the 
     amount appropriated under this heading, $100,000,000 is for

[[Page H9031]]

     the Office of Terrorism and Financial Intelligence, of which 
     not to exceed $26,608,000 is available for administrative 
     expenses:  Provided further, That of the amount appropriated 
     under this heading, not to exceed $3,000,000, to remain 
     available until September 30, 2013, is for information 
     technology modernization requirements; not to exceed $350,000 
     is for official reception and representation expenses; and 
     not to exceed $258,000 is for unforeseen emergencies of a 
     confidential nature, to be allocated and expended under the 
     direction of the Secretary of the Treasury and to be 
     accounted for solely on his certificate:  Provided further, 
     That of the amount appropriated under this heading, 
     $6,787,000, to remain available until September 30, 2013, is 
     for the Treasury-wide Financial Statement Audit and Internal 
     Control Program:  Provided further, That of the amount 
     appropriated under this heading, $500,000, to remain 
     available until September 30, 2013, is for secure space 
     requirements:  Provided further, That of the amount 
     appropriated under this heading, up to $3,400,000, to remain 
     available until September 30, 2014, is to develop and 
     implement programs within the Office of Critical 
     Infrastructure Protection and Compliance Policy, including 
     entering into cooperative agreements:  Provided further, That 
     notwithstanding any other provision of law, of the amount 
     appropriated under this heading, up to $1,000,000 may be 
     contributed to the Organization for Economic Cooperation and 
     Development for the Department's participation in programs 
     related to global tax administration.

                      office of inspector general

                         salaries and expenses

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

           treasury inspector general for tax administration

                         salaries and expenses

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

    special inspector general for the troubled asset relief program

                         salaries and expenses

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

                  Financial Crimes Enforcement Network

                         salaries and expenses

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

                        Treasury Forfeiture Fund

                              (rescission)

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

                      Financial Management Service

                         salaries and expenses

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

                Alcohol and Tobacco Tax and Trade Bureau

                         salaries and expenses

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

                           United States Mint

               united states mint public enterprise fund

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

                       Bureau of the Public Debt

                     administering the public debt

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

   Community Development Financial Institutions Fund Program Account

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

                        Internal Revenue Service

                           taxpayer services

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

                              enforcement

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

                           operations support

       For necessary expenses of the Internal Revenue Service to 
     support taxpayer services and enforcement programs, including 
     rent payments;

[[Page H9032]]

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

                     business systems modernization

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

          administrative provisions--internal revenue service

                     (including transfer of funds)

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

         Administrative Provisions--Department of the Treasury

                     (including transfers of funds)

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

[[Page H9033]]

     account, and the Treasury Forfeiture Fund account:  Provided 
     further, That such Capital Investment Plan shall include 
     expenditures occurring in previous fiscal years for each 
     capital investment project that has not been fully completed.
        This title may be cited as the ``Department of the 
     Treasury Appropriations Act, 2012''.

                                TITLE II

    EXECUTIVE OFFICE OF THE PRESIDENT AND FUNDS APPROPRIATED TO THE 
                               PRESIDENT

                     Compensation of the President

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

                            The White House

                         salaries and expenses

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

                 Executive Residence at the White House

                           operating expenses

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

                         reimbursable expenses

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

                   White House Repair and Restoration

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

                      Council of Economic Advisers

                         salaries and expenses

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

        National Security Council and Homeland Security Council

                         salaries and expenses

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

                        Office of Administration

                         salaries and expenses

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

                    Office of Management and Budget

                         salaries and expenses

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

                 Office of National Drug Control Policy

                         salaries and expenses

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

                     federal drug control programs

             high intensity drug trafficking areas program

                     (including transfers of funds)

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

[[Page H9034]]

     as determined in consultation with the HIDTA Directors, not 
     later than 90 days after enactment of this Act.

                  other federal drug control programs

                     (including transfers of funds)

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

   Integrated, Efficient and Effective Uses of Information Technology

                     (including transfer of funds)

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

                          Unanticipated Needs

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

                  Special Assistance to the President

                         salaries and expenses

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

                Official Residence of the Vice President

                           operating expenses

                     (including transfer of funds)

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

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

             (including transfers of funds and rescissions)

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

                               TITLE III

                             THE JUDICIARY

                   Supreme Court of the United States

                         salaries and expenses

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

                    care of the building and grounds

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

         United States Court of Appeals for the Federal Circuit

                         salaries and expenses

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

               United States Court of International Trade

                         salaries and expenses

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

    Courts of Appeals, District Courts, and Other Judicial Services

                         salaries and expenses

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

[[Page H9035]]

     as authorized by law, $5,015,000,000 (including the purchase 
     of firearms and ammunition); of which not to exceed 
     $27,817,000 shall remain available until expended for space 
     alteration projects and for furniture and furnishings related 
     to new space alteration and construction projects.
       In addition, for expenses of the United States Court of 
     Federal Claims associated with processing cases under the 
     National Childhood Vaccine Injury Act of 1986 (Public Law 99-
     660), not to exceed $5,000,000, to be appropriated from the 
     Vaccine Injury Compensation Trust Fund.

                           defender services

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

                    fees of jurors and commissioners

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

                             court security

                     (including transfers of funds)

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

           Administrative Office of the United States Courts

                         salaries and expenses

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

                        Federal Judicial Center

                         salaries and expenses

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

                       Judicial Retirement Funds

                    payment to judiciary trust funds

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

                  United States Sentencing Commission

                         salaries and expenses

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

                Administrative Provisions--The Judiciary

                     (including transfer of funds)

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

                                TITLE IV

                          DISTRICT OF COLUMBIA

                             Federal Funds

              federal payment for resident tuition support

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

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

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

           federal payment to the district of columbia courts

       For salaries and expenses for the District of Columbia 
     Courts, $232,841,000 to be allocated as follows: for the 
     District of Columbia Court of Appeals, $12,830,000, of which 
     not to exceed $2,500 is for official reception and 
     representation expenses; for the District of Columbia 
     Superior Court, $114,209,000, of which not to exceed $2,500 
     is for official reception and representation expenses; for 
     the District of Columbia Court System, $66,712,000, of which 
     not to exceed $2,500 is for official reception and 
     representation expenses; and $39,090,000, to remain available

[[Page H9036]]

     until September 30, 2013, for capital improvements for 
     District of Columbia courthouse facilities:  Provided, That 
     funds made available for capital improvements shall be 
     expended consistent with the District of Columbia Courts 
     master plan study and building evaluation report:  Provided 
     further, That notwithstanding any other provision of law, all 
     amounts under this heading shall be apportioned quarterly by 
     the Office of Management and Budget and obligated and 
     expended in the same manner as funds appropriated for 
     salaries and expenses of other Federal agencies:  Provided 
     further, That 30 days after providing written notice to the 
     Committees on Appropriations of the House of Representatives 
     and the Senate, the District of Columbia Courts may 
     reallocate not more than $3,000,000 of the funds provided 
     under this heading among the items and entities funded under 
     this heading but no such allocation shall be increased by 
     more than 10 percent.

  federal payment for defender services in district of columbia courts

                     (including transfer of funds)

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

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

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

  federal payment to the district of columbia public defender service

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

 federal payment to the district of columbia water and sewer authority

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

      federal payment to the criminal justice coordinating council

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

                federal payment for judicial commissions

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

                 federal payment for school improvement

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

      federal payment for the district of columbia national guard

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

         federal payment for testing and treatment of hiv/aids

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

                       District of Columbia Funds

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

                                TITLE V

                          INDEPENDENT AGENCIES

             Administrative Conference of the United States

                         salaries and expenses

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

[[Page H9037]]

               Christopher Columbus Fellowship Foundation

                         salaries and expenses

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

                   Consumer Product Safety Commission

                         salaries and expenses

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

     administrative provisions--consumer product safety commission

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

                     Election Assistance Commission

                         salaries and expenses

                     (including transfer of funds)

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

                   Federal Communications Commission

                         salaries and expenses

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

      administrative provisions--federal communications commission

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

                 Federal Deposit Insurance Corporation

                    office of the inspector general

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

                      Federal Election Commission

                         salaries and expenses

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

                   Federal Labor Relations Authority

                         salaries and expenses

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

                        Federal Trade Commission

                         salaries and expenses

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

                    General Services Administration

                        real property activities

                         federal buildings fund

                 limitations on availability of revenue

       Amounts in the Fund, including revenues and collections 
     deposited into the Fund shall be available for necessary 
     expenses of real property management and related activities 
     not otherwise provided for, including operation, maintenance, 
     and protection of federally owned and leased buildings; 
     rental of buildings in the District of Columbia; restoration 
     of leased premises; moving governmental agencies (including 
     space adjustments and telecommunications relocation expenses) 
     in connection with the assignment, allocation and transfer of 
     space; contractual services incident to cleaning or servicing 
     buildings, and moving; repair and alteration of federally 
     owned buildings including grounds, approaches and 
     appurtenances; care and safeguarding of sites; maintenance, 
     preservation, demolition, and equipment; acquisition of 
     buildings and sites by purchase, condemnation, or as 
     otherwise authorized by law; acquisition of options to 
     purchase buildings and sites; conversion and extension of 
     federally owned buildings; preliminary planning and design of 
     projects by contract or otherwise; construction of new 
     buildings (including equipment for such buildings); and 
     payment of principal, interest, and any other obligations for 
     public buildings acquired by installment purchase and 
     purchase contract; in

[[Page H9038]]

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

                           general activities

                         government-wide policy

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

                           operating expenses

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

                      office of inspector general

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

                       electronic government fund

                     (including transfer of funds)

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

           allowances and office staff for former presidents

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

                     federal citizen services fund

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

       Administrative Provisions--General Services Administration

             (including transfers of funds and rescission)

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

[[Page H9039]]

       Sec. 528.  Within 120 days of enactment, the General 
     Services Administration shall submit a detailed report to the 
     Committees on Appropriations of the House of Representatives 
     and the Senate that describes each program, project, or 
     activity that is funded by appropriations to General Services 
     Administration but is not under the control or direction, in 
     statute or in practice, of the Administrator of General 
     Services.

                 Harry S Truman Scholarship Foundation

                         salaries and expenses

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

                     Merit Systems Protection Board

                         salaries and expenses

                     (including transfer of funds)

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

            Morris K. Udall and Stewart L. Udall Foundation

            morris k. udall and stewart l. udall trust fund

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

                 environmental dispute resolution fund

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

              National Archives and Records Administration

                           operating expenses

                     (including transfer of funds)

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

                      office of inspector general

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

                        repairs and restoration

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

         national historical publications and records commission

                             grants program

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

                  National Credit Union Administration

                       central liquidity facility

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

               community development revolving loan fund

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

                      Office of Government Ethics

                         salaries and expenses

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

                     Office of Personnel Management

                         salaries and expenses

                  (including transfer of trust funds)

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

                      office of inspector general

                         salaries and expenses

                  (including transfer of trust funds)

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

      government payment for annuitants, employees health benefits

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

       government payment for annuitants, employee life insurance

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

        payment to civil service retirement and disability fund

       For financing the unfunded liability of new and increased 
     annuity benefits becoming effective on or after October 20, 
     1969, as authorized by 5 U.S.C. 8348, and annuities under 
     special Acts to be credited to the Civil Service Retirement 
     and Disability Fund, such sums as may be

[[Page H9040]]

     necessary:  Provided, That annuities authorized by the Act of 
     May 29, 1944, and the Act of August 19, 1950 (33 U.S.C. 771-
     775), may hereafter be paid out of the Civil Service 
     Retirement and Disability Fund.

                       Office of Special Counsel

                         salaries and expenses

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

                      Postal Regulatory Commission

                         salaries and expenses

                     (including transfer of funds)

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

              Privacy and Civil Liberties Oversight Board

                         salaries and expenses

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

             Recovery Accountability and Transparency Board

                         salaries and expenses

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

                   Securities and Exchange Commission

                         salaries and expenses

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

                        Selective Service System

                         salaries and expenses

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

                     Small Business Administration

                         salaries and expenses

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

                      office of inspector general

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

                           office of advocacy

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

                     business loans program account

                     (including transfer of funds)

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

                     disaster loans program account

                     (including transfers of funds)

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

        administrative provisions--small business administration

                     (including transfer of funds)

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

[[Page H9041]]

                      United States Postal Service

                   payment to the postal service fund

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

                      office of inspector general

                         salaries and expenses

                     (including transfer of funds)

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

                        United States Tax Court

                         salaries and expenses

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

                                TITLE VI

                      GENERAL PROVISIONS--THIS ACT

                        (including rescissions)

       Sec. 601.  None of the funds in this Act shall be used for 
     the planning or execution of any program to pay the expenses 
     of, or otherwise compensate, non-Federal parties intervening 
     in regulatory or adjudicatory proceedings funded in this Act.
       Sec. 602.  None of the funds appropriated in this Act shall 
     remain available for obligation beyond the current fiscal 
     year, nor may any be transferred to other appropriations, 
     unless expressly so provided herein.
       Sec. 603.  The expenditure of any appropriation under this 
     Act for any consulting service through procurement contract 
     pursuant to 5 U.S.C. 3109, shall be limited to those 
     contracts where such expenditures are a matter of public 
     record and available for public inspection, except where 
     otherwise provided under existing law, or under existing 
     Executive order issued pursuant to existing law.
       Sec. 604.  None of the funds made available in this Act may 
     be transferred to any department, agency, or instrumentality 
     of the United States Government, except pursuant to a 
     transfer made by, or transfer authority provided in, this Act 
     or any other appropriations Act.
       Sec. 605.  None of the funds made available by this Act 
     shall be available for any activity or for paying the salary 
     of any Government employee where funding an activity or 
     paying a salary to a Government employee would result in a 
     decision, determination, rule, regulation, or policy that 
     would prohibit the enforcement of section 307 of the Tariff 
     Act of 1930 (19 U.S.C. 1307).
       Sec. 606.  No funds appropriated pursuant to this Act may 
     be expended by an entity unless the entity agrees that in 
     expending the assistance the entity will comply with the Buy 
     American Act (41 U.S.C. 10a-10c).
       Sec. 607.  No funds appropriated or otherwise made 
     available under this Act shall be made available to any 
     person or entity that has been convicted of violating the Buy 
     American Act (41 U.S.C. 10a-10c).
       Sec. 608.  Except as otherwise provided in this Act, none 
     of the funds provided in this Act, provided by previous 
     appropriations Acts to the agencies or entities funded in 
     this Act that remain available for obligation or expenditure 
     in fiscal year 2012, or provided from any accounts in the 
     Treasury derived by the collection of fees and available to 
     the agencies funded by this Act, shall be available for 
     obligation or expenditure through a reprogramming of funds 
     that: (1) creates a new program; (2) eliminates a program, 
     project, or activity; (3) increases funds or personnel for 
     any program, project, or activity for which funds have been 
     denied or restricted by the Congress; (4) proposes to use 
     funds directed for a specific activity by the Committee on 
     Appropriations of either the House of Representatives or the 
     Senate for a different purpose; (5) augments existing 
     programs, projects, or activities in excess of $5,000,000 or 
     10 percent, whichever is less; (6) reduces existing programs, 
     projects, or activities by $5,000,000 or 10 percent, 
     whichever is less; or (7) creates or reorganizes offices, 
     programs, or activities unless prior approval is received 
     from the Committees on Appropriations of the House of 
     Representatives and the Senate:  Provided, That prior to any 
     significant reorganization or restructuring of offices, 
     programs, or activities, each agency or entity funded in this 
     Act shall consult with the Committees on Appropriations of 
     the House of Representatives and the Senate:  Provided 
     further, That not later than 60 days after the date of 
     enactment of this Act, each agency funded by this Act shall 
     submit a report to the Committees on Appropriations of the 
     House of Representatives and the Senate to establish the 
     baseline for application of reprogramming and transfer 
     authorities for the current fiscal year:  Provided further, 
     That at a minimum the report shall include: (1) a table for 
     each appropriation with a separate column to display the 
     President's budget request, adjustments made by Congress, 
     adjustments due to enacted rescissions, if appropriate, and 
     the fiscal year enacted level; (2) a delineation in the table 
     for each appropriation both by object class and program, 
     project, and activity as detailed in the budget appendix for 
     the respective appropriation; and (3) an identification of 
     items of special congressional interest:  Provided further, 
     That the amount appropriated or limited for salaries and 
     expenses for an agency shall be reduced by $100,000 per day 
     for each day after the required date that the report has not 
     been submitted to the Congress.
       Sec. 609.  Except as otherwise specifically provided by 
     law, not to exceed 50 percent of unobligated balances 
     remaining available at the end of fiscal year 2012 from 
     appropriations made available for salaries and expenses for 
     fiscal year 2012 in this Act, shall remain available through 
     September 30, 2013, for each such account for the purposes 
     authorized:  Provided, That a request shall be submitted to 
     the Committees on Appropriations of the House of 
     Representatives and the Senate for approval prior to the 
     expenditure of such funds:  Provided further, That these 
     requests shall be made in compliance with reprogramming 
     guidelines.
       Sec. 610.  None of the funds made available in this Act may 
     be used by the Executive Office of the President to request 
     from the Federal Bureau of Investigation any official 
     background investigation report on any individual, except 
     when--
       (1) such individual has given his or her express written 
     consent for such request not more than 6 months prior to the 
     date of such request and during the same presidential 
     administration; or
       (2) such request is required due to extraordinary 
     circumstances involving national security.
       Sec. 611.  The cost accounting standards promulgated under 
     chapter 15 of title 41, United States Code shall not apply 
     with respect to a contract under the Federal Employees Health 
     Benefits Program established under chapter 89 of title 5, 
     United States Code.
       Sec. 612.  For the purpose of resolving litigation and 
     implementing any settlement agreements regarding the 
     nonforeign area cost-of-living allowance program, the Office 
     of Personnel Management may accept and utilize (without 
     regard to any restriction on unanticipated travel expenses 
     imposed in an Appropriations Act) funds made available to the 
     Office of Personnel Management pursuant to court approval.
       Sec. 613.  No funds appropriated by this Act shall be 
     available to pay for an abortion, or the administrative 
     expenses in connection with any health plan under the Federal 
     employees health benefits program which provides any benefits 
     or coverage for abortions.
       Sec. 614.  The provision of section 613 shall not apply 
     where the life of the mother would be endangered if the fetus 
     were carried to term, or the pregnancy is the result of an 
     act of rape or incest.
       Sec. 615.  In order to promote Government access to 
     commercial information technology, the restriction on 
     purchasing nondomestic articles, materials, and supplies set 
     forth in chapter 83 of title 41, United States Code 
     (popularly known as the Buy American Act), shall not apply to 
     the acquisition by the Federal Government of information 
     technology (as defined in section 11101 of title 40, United 
     States Code), that is a commercial item (as defined in 
     section 103 of title 41, United States Code).
       Sec. 616.  Notwithstanding section 1353 of title 31, United 
     States Code, no officer or employee of any regulatory agency 
     or commission funded by this Act may accept on behalf of that 
     agency, nor may such agency or commission accept, payment or 
     reimbursement from a non-Federal entity for travel, 
     subsistence, or related expenses for the purpose of enabling 
     an officer or employee to attend and participate in any 
     meeting or similar function relating to the official duties 
     of the officer or employee when the entity offering payment 
     or reimbursement is a person or entity subject to regulation 
     by such agency or commission, or represents a person or 
     entity subject to regulation by such agency or commission, 
     unless the person or entity is an organization described in 
     section 501(c)(3) of the Internal Revenue Code of 1986 and 
     exempt from tax under section 501(a) of such Code.
       Sec. 617.  The Public Company Accounting Oversight Board 
     shall have authority to obligate funds for the scholarship 
     program established by section 109(c)(2) of the Sarbanes-
     Oxley Act of 2002 (Public Law 107-204) in an aggregate amount 
     not exceeding the amount of funds collected by the Board as 
     of December 31, 2011, including accrued interest, as a result 
     of the assessment of monetary penalties. Funds available for 
     obligation in fiscal year 2012 shall remain available until 
     expended.
       Sec. 618.  From the unobligated balances of prior year 
     appropriations made available for the Privacy and Civil 
     Liberties Oversight Board, $998,000 are rescinded.
       Sec. 619.  Section 1107 of title 31, United States Code, is 
     amended by adding to the end thereof the following: ``The 
     President shall transmit promptly to Congress without change, 
     proposed deficiency and supplemental appropriations submitted 
     to the President by the legislative branch and the judicial 
     branch.''.
       Sec. 620.  Notwithstanding section 708 of this Act, funds 
     made available to the Commodity Futures Trading Commission 
     and the Securities and Exchange Commission by this or any 
     other Act may be used for the interagency funding and 
     sponsorship of a joint advisory committee to advise on 
     emerging regulatory issues.
       Sec. 621.  For purposes of Public Law 109-285, the period 
     described in section 5134(f)(1)(B) of title 31, United States 
     Code, shall be treated as a 2-year, 9-month period.
       Sec. 622.  The Help America Vote Act of 2002 (Public Law 
     107-252) is amended by:

[[Page H9042]]

       (1) inserting in section 255(b)(42 U.S.C. 15405) ``posted 
     on the Commission's website with a notice'' after ``cause to 
     have the plan'';
       (2) inserting in section 253(d)(42 U.S.C. 15403) ``notice 
     of'' prior to ``the State plan'';
       (3) inserting in section 254(a)(11)(42 U.S.C. 15404) 
     ``notice of'' prior to ``the change''; and
       (4) inserting in section 254(a)(11)(C)(42 U.S.C. 15404) 
     ``notice of'' prior to ``the change''.
       Sec. 623.  From the unobligated balances available in the 
     Securities and Exchange Commission Reserve Fund established 
     by section 991 of the Dodd-Frank Wall Street Reform and 
     Consumer Protection Act (Public Law 111-203), $25,000,000 are 
     rescinded.
       Sec. 624.  The Department of the Treasury, the Executive 
     Office of the President, the Judiciary, the Federal 
     Communications Commission, the Federal Trade Commission, the 
     General Services Administration, the National Archives and 
     Records Administration, the Securities and Exchange 
     Commission, and the Small Business Administration shall 
     provide the Committees on Appropriations of the House and the 
     Senate a quarterly accounting of the cumulative balances of 
     any unobligated funds that were received by such agency 
     during any previous fiscal year.
       Sec. 625. (a)(1) Notwithstanding any other provision of 
     law, an Executive agency covered by this Act otherwise 
     authorized to enter into contracts for either leases or the 
     construction or alteration of real property for office, 
     meeting, storage, or other space must consult with the 
     General Services Administration before issuing a solicitation 
     for offers of new leases or construction contracts, and in 
     the case of succeeding leases, before entering into 
     negotiations with the current lessor.
       (2) Any such agency with authority to enter into an 
     emergency lease may do so during any period declared by the 
     President to require emergency leasing authority with respect 
     to such agency.
       (b) For purposes of this section, the term ``Executive 
     agency covered by this Act'' means any Executive agency 
     provided funds by this Act, but does not include the General 
     Services Administration or the United States Postal Service.
       Sec. 626.  None of the funds made available in this Act may 
     be used by the Federal Trade Commission to complete the draft 
     report entitled ``Interagency Working Group on Food Marketed 
     to Children: Preliminary Proposed Nutrition Principles to 
     Guide Industry Self-Regulatory Efforts'' unless the 
     Interagency Working Group on Food Marketed to Children 
     complies with Executive Order 13563.
       Sec. 627.  None of the funds made available by this Act may 
     be used to pay the salaries and expenses for the following 
     positions:
       (1) Director, White House Office of Health Reform.
       (2) Assistant to the President for Energy and Climate 
     Change.
       (3) Senior Advisor to the Secretary of the Treasury 
     assigned to the Presidential Task Force on the Auto Industry 
     and Senior Counselor for Manufacturing Policy.
       (4) White House Director of Urban Affairs.
       Sec. 628.  None of the funds made available in this Act may 
     be used by the Federal Communications Commission to remove 
     the conditions imposed on commercial terrestrial operations 
     in the Order and Authorization adopted by the Commission on 
     January 26, 2011 (DA 11-133), or otherwise permit such 
     operations, until the Commission has resolved concerns of 
     potential widespread harmful interference by such commercial 
     terrestrial operations to commercially available Global 
     Positioning System devices.
       Sec. 629.  None of the funds made available by this Act may 
     be expended for any new hire by any Federal agency funded in 
     this Act that is not verified through the E-Verify Program 
     established under section 403(a) of the Illegal Immigration 
     Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 
     1324a note).
       Sec. 630.  None of the funds made available by this Act may 
     be used to enter into a contract, memorandum of 
     understanding, or cooperative agreement with, make a grant 
     to, or provide a loan or loan guarantee to, any corporation 
     with respect to which any unpaid Federal tax liability has 
     been assessed, for which all judicial and administrative 
     remedies have been exhausted or have lapsed, and that is not 
     being paid in a timely manner pursuant to an agreement with 
     the authority responsible for collecting the tax liability, 
     where the awarding agency is aware of the unpaid tax 
     liability, unless the agency has considered suspension or 
     debarment of the corporation and made a determination that 
     this further action is not necessary to protect the interests 
     of the Government.
       Sec. 631.  None of the funds made available by this Act may 
     be used to enter into a contract, memorandum of 
     understanding, or cooperative agreement with, make a grant 
     to, or provide a loan or loan guarantee to, any corporation 
     that was convicted or had an officer or agent of such 
     corporation acting on behalf of the corporation convicted of 
     a felony criminal violation under any Federal law within the 
     preceding 24 months, where the awarding agency is aware of 
     the conviction, unless the agency has considered suspension 
     or debarment of the corporation, or such officer or agent and 
     made a determination that this further action is not 
     necessary to protect the interests of the Government.
       Sec. 632.  Section 8909a(d)(3)(A)(v) of title 5, United 
     States Code, is amended by striking the date specified in 
     such section and inserting ``August 1, 2012''.

                               TITLE VII

                  GENERAL PROVISIONS--GOVERNMENT-WIDE

                Departments, Agencies, and Corporations

       Sec. 701.  No department, agency, or instrumentality of the 
     United States receiving appropriated funds under this or any 
     other Act for fiscal year 2012 shall obligate or expend any 
     such funds, unless such department, agency, or 
     instrumentality has in place, and will continue to administer 
     in good faith, a written policy designed to ensure that all 
     of its workplaces are free from the illegal use, possession, 
     or distribution of controlled substances (as defined in the 
     Controlled Substances Act (21 U.S.C. 802)) by the officers 
     and employees of such department, agency, or instrumentality.
       Sec. 702.  Unless otherwise specifically provided, the 
     maximum amount allowable during the current fiscal year in 
     accordance with subsection 1343(c) of title 31, United States 
     Code, for the purchase of any passenger motor vehicle 
     (exclusive of buses, ambulances, law enforcement, and 
     undercover surveillance vehicles), is hereby fixed at $13,197 
     except station wagons for which the maximum shall be $13,631: 
      Provided, That these limits may be exceeded by not to exceed 
     $3,700 for police-type vehicles, and by not to exceed $4,000 
     for special heavy-duty vehicles:  Provided further, That the 
     limits set forth in this section may not be exceeded by more 
     than 5 percent for electric or hybrid vehicles purchased for 
     demonstration under the provisions of the Electric and Hybrid 
     Vehicle Research, Development, and Demonstration Act of 1976: 
      Provided further, That the limits set forth in this section 
     may be exceeded by the incremental cost of clean alternative 
     fuels vehicles acquired pursuant to Public Law 101-549 over 
     the cost of comparable conventionally fueled vehicles:  
     Provided further, That the limits set forth in this section 
     shall not apply to any vehicle that is a commercial item and 
     which operates on emerging motor vehicle technology, 
     including but not limited to electric, plug-in hybrid 
     electric, and hydrogen fuel cell vehicles.
       Sec. 703.  Appropriations of the executive departments and 
     independent establishments for the current fiscal year 
     available for expenses of travel, or for the expenses of the 
     activity concerned, are hereby made available for quarters 
     allowances and cost-of-living allowances, in accordance with 
     5 U.S.C. 5922-5924.
       Sec. 704.  Unless otherwise specified during the current 
     fiscal year, no part of any appropriation contained in this 
     or any other Act shall be used to pay the compensation of any 
     officer or employee of the Government of the United States 
     (including any agency the majority of the stock of which is 
     owned by the Government of the United States) whose post of 
     duty is in the continental United States unless such person: 
     (1) is a citizen of the United States; (2) is a person who is 
     lawfully admitted for permanent residence and is seeking 
     citizenship as outlined in 8 U.S.C. 1324b(a)(3)(B); (3) is a 
     person who is admitted as a refugee under 8 U.S.C. 1157 or is 
     granted asylum under 8 U.S.C. 1158 and has filed a 
     declaration of intention to become a lawful permanent 
     resident and then a citizen when eligible; or (4) is a person 
     who owes allegiance to the United States:  Provided, That for 
     purposes of this section, affidavits signed by any such 
     person shall be considered prima facie evidence that the 
     requirements of this section with respect to his or her 
     status are being complied with:  Provided further, That for 
     purposes of subsections (2) and (3) such affidavits shall be 
     submitted prior to employment and updated thereafter as 
     necessary:  Provided further, That any person making a false 
     affidavit shall be guilty of a felony, and upon conviction, 
     shall be fined no more than $4,000 or imprisoned for not more 
     than 1 year, or both:  Provided further, That the above penal 
     clause shall be in addition to, and not in substitution for, 
     any other provisions of existing law:  Provided further, That 
     any payment made to any officer or employee contrary to the 
     provisions of this section shall be recoverable in action by 
     the Federal Government:  Provided further, That this section 
     shall not apply to any person who is an officer or employee 
     of the Government of the United States on the date of 
     enactment of this Act, or to international broadcasters 
     employed by the Broadcasting Board of Governors, or to 
     temporary employment of translators, or to temporary 
     employment in the field service (not to exceed 60 days) as a 
     result of emergencies:  Provided further, That this section 
     does not apply to the employment as Wildland firefighters for 
     not more than 120 days of nonresident aliens employed by the 
     Department of the Interior or the USDA Forest Service 
     pursuant to an agreement with another country.
       Sec. 705.  Appropriations available to any department or 
     agency during the current fiscal year for necessary expenses, 
     including maintenance or operating expenses, shall also be 
     available for payment to the General Services Administration 
     for charges for space and services and those expenses of 
     renovation and alteration of buildings and facilities which 
     constitute public improvements performed in accordance with 
     the Public Buildings Act of 1959 (73 Stat. 479), the Public 
     Buildings Amendments of 1972 (86 Stat. 216), or other 
     applicable law.
       Sec. 706.  In addition to funds provided in this or any 
     other Act, all Federal agencies are authorized to receive and 
     use funds resulting from the sale of materials, including 
     Federal records disposed of pursuant to a records schedule 
     recovered through recycling or waste prevention programs. 
     Such funds shall be available until expended for the 
     following purposes:
       (1) Acquisition, waste reduction and prevention, and 
     recycling programs as described in Executive Order No. 13423 
     (January 24, 2007), including any such programs adopted prior 
     to the effective date of the Executive order.
       (2) Other Federal agency environmental management programs, 
     including, but not limited to, the development and 
     implementation of hazardous waste management and pollution 
     prevention programs.
       (3) Other employee programs as authorized by law or as 
     deemed appropriate by the head of the Federal agency.
       Sec. 707.  Funds made available by this or any other Act 
     for administrative expenses in the current fiscal year of the 
     corporations and agencies

[[Page H9043]]

     subject to chapter 91 of title 31, United States Code, shall 
     be available, in addition to objects for which such funds are 
     otherwise available, for rent in the District of Columbia; 
     services in accordance with 5 U.S.C. 3109; and the objects 
     specified under this head, all the provisions of which shall 
     be applicable to the expenditure of such funds unless 
     otherwise specified in the Act by which they are made 
     available:  Provided, That in the event any functions 
     budgeted as administrative expenses are subsequently 
     transferred to or paid from other funds, the limitations on 
     administrative expenses shall be correspondingly reduced.
       Sec. 708.  No part of any appropriation contained in this 
     or any other Act shall be available for interagency financing 
     of boards (except Federal Executive Boards), commissions, 
     councils, committees, or similar groups (whether or not they 
     are interagency entities) which do not have a prior and 
     specific statutory approval to receive financial support from 
     more than one agency or instrumentality.
       Sec. 709.  None of the funds made available pursuant to the 
     provisions of this Act shall be used to implement, 
     administer, or enforce any regulation which has been 
     disapproved pursuant to a joint resolution duly adopted in 
     accordance with the applicable law of the United States.
       Sec. 710.  During the period in which the head of any 
     department or agency, or any other officer or civilian 
     employee of the Federal Government appointed by the President 
     of the United States, holds office, no funds may be obligated 
     or expended in excess of $5,000 to furnish or redecorate the 
     office of such department head, agency head, officer, or 
     employee, or to purchase furniture or make improvements for 
     any such office, unless advance notice of such furnishing or 
     redecoration is transmitted to the Committees on 
     Appropriations of the House of Representatives and the 
     Senate. For the purposes of this section, the term ``office'' 
     shall include the entire suite of offices assigned to the 
     individual, as well as any other space used primarily by the 
     individual or the use of which is directly controlled by the 
     individual.
       Sec. 711.  Notwithstanding section 31 U.S.C. 1346, or 
     section 708 of this Act, funds made available for the current 
     fiscal year by this or any other Act shall be available for 
     the interagency funding of national security and emergency 
     preparedness telecommunications initiatives which benefit 
     multiple Federal departments, agencies, or entities, as 
     provided by Executive Order No. 12472 (April 3, 1984).
       Sec. 712. (a) None of the funds appropriated by this or any 
     other Act may be obligated or expended by any Federal 
     department, agency, or other instrumentality for the salaries 
     or expenses of any employee appointed to a position of a 
     confidential or policy-determining character excepted from 
     the competitive service pursuant to 5 U.S.C. 3302, without a 
     certification to the Office of Personnel Management from the 
     head of the Federal department, agency, or other 
     instrumentality employing the Schedule C appointee that the 
     Schedule C position was not created solely or primarily in 
     order to detail the employee to the White House.
       (b) The provisions of this section shall not apply to 
     Federal employees or members of the armed forces detailed to 
     or from--
       (1) the Central Intelligence Agency;
       (2) the National Security Agency;
       (3) the Defense Intelligence Agency;
       (4) the National Geospatial-Intelligence Agency;
       (5) the offices within the Department of Defense for the 
     collection of specialized national foreign intelligence 
     through reconnaissance programs;
       (6) the Bureau of Intelligence and Research of the 
     Department of State;
       (7) any agency, office, or unit of the Army, Navy, Air 
     Force, or Marine Corps, the Department of Homeland Security, 
     the Federal Bureau of Investigation or the Drug Enforcement 
     Administration of the Department of Justice, the Department 
     of Transportation, the Department of the Treasury, or the 
     Department of Energy performing intelligence functions; or
       (8) the Director of National Intelligence or the Office of 
     the Director of National Intelligence.
       Sec. 713.  No part of any appropriation contained in this 
     or any other Act shall be available for the payment of the 
     salary of any officer or employee of the Federal Government, 
     who--
       (1) prohibits or prevents, or attempts or threatens to 
     prohibit or prevent, any other officer or employee of the 
     Federal Government from having any direct oral or written 
     communication or contact with any Member, committee, or 
     subcommittee of the Congress in connection with any matter 
     pertaining to the employment of such other officer or 
     employee or pertaining to the department or agency of such 
     other officer or employee in any way, irrespective of whether 
     such communication or contact is at the initiative of such 
     other officer or employee or in response to the request or 
     inquiry of such Member, committee, or subcommittee; or
       (2) removes, suspends from duty without pay, demotes, 
     reduces in rank, seniority, status, pay, or performance or 
     efficiency rating, denies promotion to, relocates, reassigns, 
     transfers, disciplines, or discriminates in regard to any 
     employment right, entitlement, or benefit, or any term or 
     condition of employment of, any other officer or employee of 
     the Federal Government, or attempts or threatens to commit 
     any of the foregoing actions with respect to such other 
     officer or employee, by reason of any communication or 
     contact of such other officer or employee with any Member, 
     committee, or subcommittee of the Congress as described in 
     paragraph (1).
       Sec. 714. (a) None of the funds made available in this or 
     any other Act may be obligated or expended for any employee 
     training that--
       (1) does not meet identified needs for knowledge, skills, 
     and abilities bearing directly upon the performance of 
     official duties;
       (2) contains elements likely to induce high levels of 
     emotional response or psychological stress in some 
     participants;
       (3) does not require prior employee notification of the 
     content and methods to be used in the training and written 
     end of course evaluation;
       (4) contains any methods or content associated with 
     religious or quasi-religious belief systems or ``new age'' 
     belief systems as defined in Equal Employment Opportunity 
     Commission Notice N-915.022, dated September 2, 1988; or
       (5) is offensive to, or designed to change, participants' 
     personal values or lifestyle outside the workplace.
       (b) Nothing in this section shall prohibit, restrict, or 
     otherwise preclude an agency from conducting training bearing 
     directly upon the performance of official duties.
       Sec. 715. (a) No funds appropriated in this or any other 
     Act may be used to implement or enforce the agreements in 
     Standard Forms 312 and 4414 of the Government or any other 
     nondisclosure policy, form, or agreement if such policy, 
     form, or agreement does not contain the following provisions: 
     ``These restrictions are consistent with and do not 
     supersede, conflict with, or otherwise alter the employee 
     obligations, rights, or liabilities created by Executive 
     Order No. 12958; section 7211 of title 5, United States Code 
     (governing disclosures to Congress); section 1034 of title 
     10, United States Code, as amended by the Military 
     Whistleblower Protection Act (governing disclosure to 
     Congress by members of the military); section 2302(b)(8) of 
     title 5, United States Code, as amended by the Whistleblower 
     Protection Act of 1989 (governing disclosures of illegality, 
     waste, fraud, abuse or public health or safety threats); the 
     Intelligence Identities Protection Act of 1982 (50 U.S.C. 421 
     et seq.) (governing disclosures that could expose 
     confidential Government agents); and the statutes which 
     protect against disclosure that may compromise the national 
     security, including sections 641, 793, 794, 798, and 952 of 
     title 18, United States Code, and section 4(b) of the 
     Subversive Activities Act of 1950 (50 U.S.C. 783(b)). The 
     definitions, requirements, obligations, rights, sanctions, 
     and liabilities created by said Executive order and listed 
     statutes are incorporated into this agreement and are 
     controlling.'':  Provided, That notwithstanding the preceding 
     provision of this section, a nondisclosure policy form or 
     agreement that is to be executed by a person connected with 
     the conduct of an intelligence or intelligence-related 
     activity, other than an employee or officer of the United 
     States Government, may contain provisions appropriate to the 
     particular activity for which such document is to be used. 
     Such form or agreement shall, at a minimum, require that the 
     person will not disclose any classified information received 
     in the course of such activity unless specifically authorized 
     to do so by the United States Government. Such nondisclosure 
     forms shall also make it clear that they do not bar 
     disclosures to Congress, or to an authorized official of an 
     executive agency or the Department of Justice, that are 
     essential to reporting a substantial violation of law.
       (b) Effective 180 days after enactment of this Act, 
     subsection (a) is amended by--
       (1) striking ``Executive Order No. 12958'' and inserting 
     ``Executive Order No. 13526 (75 Fed. Reg. 707), or any 
     successor thereto'';
       (2) after ``the Intelligence Identities Protection Act of 
     1982 (50 U.S.C. 421 et seq.) (governing disclosures that 
     could expose confidential Government agents);'' inserting 
     ``sections 7(c) and 8H of the Inspector General Act of 1978 
     (5 U.S.C. App.) (relating to disclosures to an inspector 
     general, the inspectors general of the Intelligence 
     Community, and Congress); section 103H(g)(3) of the National 
     Security Act of 1947 (50 U.S.C. 403-3h(g)(3) (relating to 
     disclosures to the inspector general of the Intelligence 
     Community); sections 17(d)(5) and 17(e)(3) of the Central 
     Intelligence Agency Act of 1949 (50 U.S.C. 403q(d)(5) and 
     403q(e)(3)) (relating to disclosures to the Inspector General 
     of the Central Intelligence Agency and Congress);''; and
       (3) after ``Subversive Activities'' inserting ``Control''.
       (c) A nondisclosure agreement entered into before the 
     effective date of the amendment in subsection (b) may 
     continue to be implemented and enforced after that effective 
     date if it complies with the requirements of subsection (a) 
     that were in effect prior to the effective date of the 
     amendment in subsection (b).
       Sec. 716.  No part of any funds appropriated in this or any 
     other Act shall be used by an agency of the executive branch, 
     other than for normal and recognized executive-legislative 
     relationships, for publicity or propaganda purposes, and for 
     the preparation, distribution or use of any kit, pamphlet, 
     booklet, publication, radio, television, or film presentation 
     designed to support or defeat legislation pending before the 
     Congress, except in presentation to the Congress itself.
       Sec. 717.  None of the funds appropriated by this or any 
     other Act may be used by an agency to provide a Federal 
     employee's home address to any labor organization except when 
     the employee has authorized such disclosure or when such 
     disclosure has been ordered by a court of competent 
     jurisdiction.
       Sec. 718.  None of the funds made available in this Act or 
     any other Act may be used to provide any non-public 
     information such as mailing or telephone lists to any person 
     or any organization outside of the Federal Government without 
     the approval of the Committees on Appropriations of the House 
     of Representatives and the Senate.
       Sec. 719.  No part of any appropriation contained in this 
     or any other Act shall be used directly or indirectly, 
     including by private contractor, for publicity or propaganda 
     purposes within the United States not heretofore authorized 
     by the Congress.

[[Page H9044]]

       Sec. 720. (a) In this section, the term ``agency''--
       (1) means an Executive agency, as defined under 5 U.S.C. 
     105; and
       (2) includes a military department, as defined under 
     section 102 of such title, the Postal Service, and the Postal 
     Regulatory Commission.
       (b) Unless authorized in accordance with law or regulations 
     to use such time for other purposes, an employee of an agency 
     shall use official time in an honest effort to perform 
     official duties. An employee not under a leave system, 
     including a Presidential appointee exempted under 5 U.S.C. 
     6301(2), has an obligation to expend an honest effort and a 
     reasonable proportion of such employee's time in the 
     performance of official duties.
       Sec. 721.  Notwithstanding 31 U.S.C. 1346 and section 708 
     of this Act, funds made available for the current fiscal year 
     by this or any other Act to any department or agency, which 
     is a member of the Federal Accounting Standards Advisory 
     Board (FASAB), shall be available to finance an appropriate 
     share of FASAB administrative costs.

                          (transfer of funds)

       Sec. 722.  Notwithstanding 31 U.S.C. 1346 and section 708 
     of this Act, the head of each Executive department and agency 
     is hereby authorized to transfer to or reimburse ``General 
     Services Administration, Government-wide Policy'' with the 
     approval of the Director of the Office of Management and 
     Budget, funds made available for the current fiscal year by 
     this or any other Act, including rebates from charge card and 
     other contracts:  Provided, That these funds shall be 
     administered by the Administrator of General Services to 
     support Government-wide and other multi-agency financial, 
     information technology, procurement, and other management 
     innovations, initiatives, and activities, as approved by the 
     Director of the Office of Management and Budget, in 
     consultation with the appropriate interagency and multi-
     agency groups designated by the Director (including the 
     President's Management Council for overall management 
     improvement initiatives, the Chief Financial Officers Council 
     for financial management initiatives, the Chief Information 
     Officers Council for information technology initiatives, the 
     Chief Human Capital Officers Council for human capital 
     initiatives, the Chief Acquisition Officers Council for 
     procurement initiatives, and the Performance Improvement 
     Council for performance improvement initiatives):  Provided 
     further, That the total funds transferred or reimbursed shall 
     not exceed $17,000,000 for Government-Wide innovations, 
     initiatives, and activities:  Provided further, That the 
     funds transferred to or for reimbursement of ``General 
     Services Administration, Government-wide Policy'' during 
     fiscal year 2012 shall remain available for obligation 
     through September 30, 2013:  Provided further, That such 
     transfers or reimbursements may only be made after 15 days 
     following notification of the Committees on Appropriations by 
     the Director of the Office of Management and Budget.
       Sec. 723.  Notwithstanding any other provision of law, a 
     woman may breastfeed her child at any location in a Federal 
     building or on Federal property, if the woman and her child 
     are otherwise authorized to be present at the location.
       Sec. 724.  Notwithstanding 31 U.S.C. 1346, or section 708 
     of this Act, funds made available for the current fiscal year 
     by this or any other Act shall be available for the 
     interagency funding of specific projects, workshops, studies, 
     and similar efforts to carry out the purposes of the National 
     Science and Technology Council (authorized by Executive Order 
     No. 12881), which benefit multiple Federal departments, 
     agencies, or entities:  Provided, That the Office of 
     Management and Budget shall provide a report describing the 
     budget of and resources connected with the National Science 
     and Technology Council to the Committees on Appropriations, 
     the House Committee on Science and Technology, and the Senate 
     Committee on Commerce, Science, and Transportation 90 days 
     after enactment of this Act.
       Sec. 725.  Any request for proposals, solicitation, grant 
     application, form, notification, press release, or other 
     publications involving the distribution of Federal funds 
     shall indicate the agency providing the funds, the Catalog of 
     Federal Domestic Assistance Number, as applicable, and the 
     amount provided:  Provided, That this provision shall apply 
     to direct payments, formula funds, and grants received by a 
     State receiving Federal funds.
       Sec. 726. (a) Prohibition of Federal Agency Monitoring of 
     Individuals' Internet Use.--None of the funds made available 
     in this or any other Act may be used by any Federal agency--
       (1) to collect, review, or create any aggregation of data, 
     derived from any means, that includes any personally 
     identifiable information relating to an individual's access 
     to or use of any Federal Government Internet site of the 
     agency; or
       (2) to enter into any agreement with a third party 
     (including another government agency) to collect, review, or 
     obtain any aggregation of data, derived from any means, that 
     includes any personally identifiable information relating to 
     an individual's access to or use of any nongovernmental 
     Internet site.
       (b) Exceptions.--The limitations established in subsection 
     (a) shall not apply to--
       (1) any record of aggregate data that does not identify 
     particular persons;
       (2) any voluntary submission of personally identifiable 
     information;
       (3) any action taken for law enforcement, regulatory, or 
     supervisory purposes, in accordance with applicable law; or
       (4) any action described in subsection (a)(1) that is a 
     system security action taken by the operator of an Internet 
     site and is necessarily incident to providing the Internet 
     site services or to protecting the rights or property of the 
     provider of the Internet site.
       (c) Definitions.--For the purposes of this section:
       (1) The term ``regulatory'' means agency actions to 
     implement, interpret or enforce authorities provided in law.
       (2) The term ``supervisory'' means examinations of the 
     agency's supervised institutions, including assessing safety 
     and soundness, overall financial condition, management 
     practices and policies and compliance with applicable 
     standards as provided in law.
       Sec. 727. (a) None of the funds appropriated by this Act 
     may be used to enter into or renew a contract which includes 
     a provision providing prescription drug coverage, except 
     where the contract also includes a provision for 
     contraceptive coverage.
       (b) Nothing in this section shall apply to a contract 
     with--
       (1) any of the following religious plans:
       (A) Personal Care's HMO; and
       (B) OSF HealthPlans, Inc.; and
       (2) any existing or future plan, if the carrier for the 
     plan objects to such coverage on the basis of religious 
     beliefs.
       (c) In implementing this section, any plan that enters into 
     or renews a contract under this section may not subject any 
     individual to discrimination on the basis that the individual 
     refuses to prescribe or otherwise provide for contraceptives 
     because such activities would be contrary to the individual's 
     religious beliefs or moral convictions.
       (d) Nothing in this section shall be construed to require 
     coverage of abortion or abortion-related services.
       Sec. 728.  The United States is committed to ensuring the 
     health of its Olympic, Pan American, and Paralympic athletes, 
     and supports the strict adherence to anti-doping in sport 
     through testing, adjudication, education, and research as 
     performed by nationally recognized oversight authorities.
       Sec. 729.  Notwithstanding any other provision of law, 
     funds appropriated for official travel by Federal departments 
     and agencies may be used by such departments and agencies, if 
     consistent with Office of Management and Budget Circular A-
     126 regarding official travel for Government personnel, to 
     participate in the fractional aircraft ownership pilot 
     program.
       Sec. 730.  Notwithstanding any other provision of law, none 
     of the funds appropriated or made available under this Act or 
     any other appropriations Act may be used to implement or 
     enforce restrictions or limitations on the Coast Guard 
     Congressional Fellowship Program, or to implement the 
     proposed regulations of the Office of Personnel Management to 
     add sections 300.311 through 300.316 to part 300 of title 5 
     of the Code of Federal Regulations, published in the Federal 
     Register, volume 68, number 174, on September 9, 2003 
     (relating to the detail of executive branch employees to the 
     legislative branch).
       Sec. 731.  Notwithstanding any other provision of law, no 
     executive branch agency shall purchase, construct, and/or 
     lease any additional facilities, except within or contiguous 
     to existing locations, to be used for the purpose of 
     conducting Federal law enforcement training without the 
     advance approval of the Committees on Appropriations of the 
     House of Representatives and the Senate, except that the 
     Federal Law Enforcement Training Center is authorized to 
     obtain the temporary use of additional facilities by lease, 
     contract, or other agreement for training which cannot be 
     accommodated in existing Center facilities.
       Sec. 732. (a) For fiscal year 2012, no funds shall be 
     available for transfers or reimbursements to the E-Government 
     initiatives sponsored by the Office of Management and Budget 
     prior to 15 days following submission of a report to the 
     Committees on Appropriations of the House of Representatives 
     and the Senate by the Director of the Office of Management 
     and Budget and receipt of approval to transfer funds by the 
     Committees on Appropriations of the House of Representatives 
     and the Senate.
       (b) The report in subsection (a) and other required 
     justification materials shall include at a minimum--
       (1) a description of each initiative including but not 
     limited to its objectives, benefits, development status, 
     risks, cost effectiveness (including estimated net costs or 
     savings to the government), and the estimated date of full 
     operational capability;
       (2) the total development cost of each initiative by fiscal 
     year including costs to date, the estimated costs to complete 
     its development to full operational capability, and estimated 
     annual operations and maintenance costs; and
       (3) the sources and distribution of funding by fiscal year 
     and by agency and bureau for each initiative including agency 
     contributions to date and estimated future contributions by 
     agency.
       (c) No funds shall be available for obligation or 
     expenditure for new E-Government initiatives without the 
     explicit approval of the Committees on Appropriations of the 
     House of Representatives and the Senate.
       Sec. 733.  None of the funds appropriated or otherwise made 
     available by this or any other Act may be used to begin or 
     announce a study or public-private competition regarding the 
     conversion to contractor performance of any function 
     performed by Federal employees pursuant to Office of 
     Management and Budget Circular A-76 or any other 
     administrative regulation, directive, or policy.
       Sec. 734.  Unless otherwise authorized by existing law, 
     none of the funds provided in this Act or any other Act may 
     be used by an executive branch agency to produce any 
     prepackaged news story intended for broadcast or distribution 
     in the United States, unless the story includes a clear 
     notification within the text or audio of the prepackaged news 
     story that the

[[Page H9045]]

     prepackaged news story was prepared or funded by that 
     executive branch agency.
       Sec. 735.  None of the funds made available in this Act may 
     be used in contravention of section 552a of title 5, United 
     States Code (popularly known as the Privacy Act) and 
     regulations implementing that section.
       Sec. 736.  Each executive department and agency shall 
     evaluate the creditworthiness of an individual before issuing 
     the individual a government travel charge card. Such 
     evaluations for individually billed travel charge cards shall 
     include an assessment of the individual's consumer report 
     from a consumer reporting agency as those terms are defined 
     in section 603 of the Fair Credit Reporting Act (Public Law 
     91-508):  Provided, That the department or agency may not 
     issue a government travel charge card to an individual that 
     either lacks a credit history or is found to have an 
     unsatisfactory credit history as a result of this evaluation: 
      Provided further, That this restriction shall not preclude 
     issuance of a restricted-use charge, debit, or stored value 
     card made in accordance with agency procedures to: (1) an 
     individual with an unsatisfactory credit history where such 
     card is used to pay travel expenses and the agency determines 
     there is no suitable alternative payment mechanism available 
     before issuing the card; or (2) an individual who lacks a 
     credit history. Each executive department and agency shall 
     establish guidelines and procedures for disciplinary actions 
     to be taken against agency personnel for improper, 
     fraudulent, or abusive use of government charge cards, which 
     shall include appropriate disciplinary actions for use of 
     charge cards for purposes, and at establishments, that are 
     inconsistent with the official business of the Department or 
     agency or with applicable standards of conduct.
       Sec. 737. (a) Definitions.--For purposes of this section 
     the following definitions apply:
       (1) Great lakes.--The terms ``Great Lakes'' and ``Great 
     Lakes State'' have the same meanings as such terms have in 
     section 506 of the Water Resources Development Act of 2000 
     (42 U.S.C. 1962d-22).
       (2) Great lakes restoration activities.--The term ``Great 
     Lakes restoration activities'' means any Federal or State 
     activity primarily or entirely within the Great Lakes 
     watershed that seeks to improve the overall health of the 
     Great Lakes ecosystem.
       (b) Report.--Not later than 45 days after submission of the 
     budget of the President to Congress, the Director of the 
     Office of Management and Budget, in coordination with the 
     Governor of each Great Lakes State and the Great Lakes 
     Interagency Task Force, shall submit to the appropriate 
     authorizing and appropriating committees of the Senate and 
     the House of Representatives a financial report, certified by 
     the Secretary of each agency that has budget authority for 
     Great Lakes restoration activities, containing--
       (1) an interagency budget crosscut report that--
       (A) displays the budget proposed, including any planned 
     interagency or intra-agency transfer, for each of the Federal 
     agencies that carries out Great Lakes restoration activities 
     in the upcoming fiscal year, separately reporting the amount 
     of funding to be provided under existing laws pertaining to 
     the Great Lakes ecosystem; and
       (B) identifies all expenditures since fiscal year 2004 by 
     the Federal Government and State governments for Great Lakes 
     restoration activities;
       (2) a detailed accounting of all funds received and 
     obligated by all Federal agencies and, to the extent 
     available, State agencies using Federal funds, for Great 
     Lakes restoration activities during the current and previous 
     fiscal years;
       (3) a budget for the proposed projects (including a 
     description of the project, authorization level, and project 
     status) to be carried out in the upcoming fiscal year with 
     the Federal portion of funds for activities; and
       (4) a listing of all projects to be undertaken in the 
     upcoming fiscal year with the Federal portion of funds for 
     activities.
       Sec. 738. (a) In General.--None of the funds appropriated 
     or otherwise made available by this or any other Act may be 
     used for any Federal Government contract with any foreign 
     incorporated entity which is treated as an inverted domestic 
     corporation under section 835(b) of the Homeland Security Act 
     of 2002 (6 U.S.C. 395(b)) or any subsidiary of such an 
     entity.
       (b) Waivers.--
       (1) In general.--Any Secretary shall waive subsection (a) 
     with respect to any Federal Government contract under the 
     authority of such Secretary if the Secretary determines that 
     the waiver is required in the interest of national security.
       (2) Report to congress.--Any Secretary issuing a waiver 
     under paragraph (1) shall report such issuance to Congress.
       (c) Exception.--This section shall not apply to any Federal 
     Government contract entered into before the date of the 
     enactment of this Act, or to any task order issued pursuant 
     to such contract.
       Sec. 739.  None of the funds made available by this or any 
     other Act may be used to implement, administer, enforce, or 
     apply the rule entitled ``Competitive Area'' published by the 
     Office of Personnel Management in the Federal Register on 
     April 15, 2008 (73 Fed. Reg. 20180 et seq.).
       Sec. 740.  Section 743 of the Consolidated Appropriations 
     Act, 2010 (Public Law 111-117; 31 U.S.C. 501 note) is amended 
     in subsection (a)(3), by inserting after ``exercise of an 
     option'' the following: ``, and task orders issued under any 
     such contract,''.
       Sec. 741.  During fiscal year 2012, for each employee who--
       (1) retires under section 8336(d)(2) or 8414(b)(1)(B) of 
     title 5, United States Code, or
       (2) retires under any other provision of subchapter III of 
     chapter 83 or chapter 84 of such title 5 and receives a 
     payment as an incentive to separate, the separating agency 
     shall remit to the Civil Service Retirement and Disability 
     Fund an amount equal to the Office of Personnel Management's 
     average unit cost of processing a retirement claim for the 
     preceding fiscal year. Such amounts shall be available until 
     expended to the Office of Personnel Management and shall be 
     deemed to be an administrative expense under section 
     8348(a)(1)(B) of title 5, United States Code.
       Sec. 742.  Except as expressly provided otherwise, any 
     reference to ``this Act'' contained in any title other than 
     title IV or VIII shall not apply to such title IV or VIII.
       Sec. 743. (a) None of the funds made available in this or 
     any other Act may be used to recommend or require any entity 
     submitting an offer for a Federal contract to disclose any of 
     the following information as a condition of submitting the 
     offer:
       (1) Any payment consisting of a contribution, expenditure, 
     independent expenditure, or disbursement for an 
     electioneering communication that is made by the entity, its 
     officers or directors, or any of its affiliates or 
     subsidiaries to a candidate for election for Federal office 
     or to a political committee, or that is otherwise made with 
     respect to any election for Federal office.
       (2) Any disbursement of funds (other than a payment 
     described in paragraph (1)) made by the entity, its officers 
     or directors, or any of its affiliates or subsidiaries to any 
     person with the intent or the reasonable expectation that the 
     person will use the funds to make a payment described in 
     paragraph (1).
       (b) In this section, each of the terms ``contribution'', 
     ``expenditure'', ``independent expenditure'', 
     ``electioneering communication'', ``candidate'', 
     ``election'', and ``Federal office'' has the meaning given 
     such term in the Federal Election Campaign Act of 1971 (2 
     U.S.C. 431 et seq.).
       Sec. 744. Notwithstanding any other provision of law, until 
     September 30, 2013, of the amounts made available for 
     information technology investments under the heading 
     ``Independent Agencies, Commodity Futures Trading 
     Commission'' in the Agriculture, Rural Development, Food and 
     Drug Administration, and Related Agencies Appropriations Act, 
     2012 (division A of Public Law 112-55), the Chairman of the 
     Commodity Futures Trading Commission may transfer not to 
     exceed $10,000,000 under such heading for salaries and 
     expenses of such Commission: Provided, That any transfer 
     pursuant to this section shall be subject to the notification 
     procedures set forth in section 730 of such Act with respect 
     to a reprogramming of funds and shall not be available for 
     obligation or expenditure except in compliance with such 
     procedures.

                               TITLE VIII

                GENERAL PROVISIONS--DISTRICT OF COLUMBIA

                     (including transfer of funds)

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

     unless the Committees on Appropriations of the House of 
     Representatives and the Senate are notified in writing 15 
     days in advance of the reprogramming.
       (b) The District of Columbia government is authorized to 
     approve and execute reprogramming and transfer requests of 
     local funds under this title through November 1, 2012.
       Sec. 804.  None of the Federal funds provided in this Act 
     may be used by the District of Columbia to provide for 
     salaries, expenses, or other costs associated with the 
     offices of United States Senator or United States 
     Representative under section 4(d) of the District of Columbia 
     Statehood Constitutional Convention Initiatives of 1979 (D.C. 
     Law 3-171; D.C. Official Code, sec. 1-123).
       Sec. 805.  Except as otherwise provided in this section, 
     none of the funds made available by this Act or by any other 
     Act may be used to provide any officer or employee of the 
     District of Columbia with an official vehicle unless the 
     officer or employee uses the vehicle only in the performance 
     of the officer's or employee's official duties. For purposes 
     of this section, the term ``official duties'' does not 
     include travel between the officer's or employee's residence 
     and workplace, except in the case of--

[[Page H9046]]

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

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

                                TITLE I

                 DEPARTMENTAL MANAGEMENT AND OPERATIONS

            Office of the Secretary and Executive Management

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

              Office of the Under Secretary for Management

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

                 Office of the Chief Financial Officer

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

[[Page H9047]]

                Office of the Chief Information Officer

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

                        Analysis and Operations

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

                      Office of Inspector General

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

                                TITLE II

               SECURITY, ENFORCEMENT, AND INVESTIGATIONS

                   U.S. Customs and Border Protection

                         salaries and expenses

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

                        automation modernization

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

        border security fencing, infrastructure, and technology

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

 air and marine interdiction, operations, maintenance, and procurement

       For necessary expenses for the operations, maintenance, and 
     procurement of marine vessels, aircraft, unmanned aircraft 
     systems, and other related equipment of the air and marine 
     program, including operational training and mission-related 
     travel, the operations of which include the following: the 
     interdiction of narcotics and other goods; the provision of 
     support

[[Page H9048]]

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

                 construction and facilities management

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

                U.S. Immigration and Customs Enforcement

                         salaries and expenses

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

                        automation modernization

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

                 Transportation Security Administration

                           aviation security

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

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

[[Page H9049]]

                    surface transportation security

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

           transportation threat assessment and credentialing

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

                    transportation security support

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

                          federal air marshals

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

                              Coast Guard

                           operating expenses

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

                environmental compliance and restoration

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

                            reserve training

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

              acquisition, construction, and improvements

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

              research, development, test, and evaluation

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

                              retired pay

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

[[Page H9050]]

                      United States Secret Service

                         salaries and expenses

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

     acquisition, construction, improvements, and related expenses

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

                               TITLE III

            PROTECTION, PREPAREDNESS, RESPONSE, AND RECOVERY

              National Protection and Programs Directorate

                     management and administration

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

           infrastructure protection and information security

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

                       federal protective service

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

    united states visitor and immigrant status indicator technology

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

                        Office of Health Affairs

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

                  Federal Emergency Management Agency

                         salaries and expenses

       For necessary expenses of the Federal Emergency Management 
     Agency, $895,350,000, including activities authorized by the 
     National Flood

[[Page H9051]]

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

                        state and local programs

                     (including transfer of funds)

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

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

                     firefighter assistance grants

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

                emergency management performance grants

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

              radiological emergency preparedness program

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

                   united states fire administration

       For necessary expenses of the United States Fire 
     Administration and for other purposes, as authorized by the 
     Federal Fire Prevention and Control Act of 1974 (15 U.S.C. 
     2201 et seq.) and

[[Page H9052]]

     the Homeland Security Act of 2002 (6 U.S.C. 101 et seq.), 
     $44,038,000.

                          disaster relief fund

                     (including transfer of funds)

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

            disaster assistance direct loan program account

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

             flood hazard mapping and risk analysis program

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

                     national flood insurance fund

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

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

                  national predisaster mitigation fund

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

                       emergency food and shelter

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

                                TITLE IV

            RESEARCH AND DEVELOPMENT, TRAINING, AND SERVICES

           United States Citizenship and Immigration Services

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

                Federal Law Enforcement Training Center

                         salaries and expenses

       For necessary expenses of the Federal Law Enforcement 
     Training Center, including materials and support costs of 
     Federal law enforcement basic training; the purchase of not 
     to exceed 117 vehicles for police-type use and hire of 
     passenger motor vehicles; expenses for student athletic and 
     related activities; the conduct of and participation in 
     firearms matches and presentation of awards; public awareness 
     and enhancement of community support of law enforcement 
     training; room and board for student interns; a flat monthly 
     reimbursement to employees authorized to use personal mobile 
     phones for official duties; and services as authorized by 
     section 3109 of title 5, United States Code; $238,957,000; of 
     which up to $48,978,000 shall remain available until 
     September 30, 2013, for materials and support costs of 
     Federal law enforcement basic training; of which $300,000 
     shall remain available until expended to be distributed to 
     Federal law enforcement agencies for expenses incurred 
     participating in training accreditation; and of which not to 
     exceed $10,200 shall be for official reception and 
     representation expenses:  Provided, That the Center is 
     authorized to obligate funds in anticipation of 
     reimbursements from agencies receiving training sponsored by 
     the Center, except that total obligations at the end of the 
     fiscal year shall not exceed total budgetary resources 
     available at the end of the fiscal year:  Provided further, 
     That

[[Page H9053]]

     section 1202(a) of Public Law 107-206 (42 U.S.C. 3771 note), 
     as amended by Public Law 111-83 (123 Stat. 2166), is further 
     amended by striking ``December 31, 2012'' and inserting 
     ``December 31, 2014'':  Provided further, That the Director 
     of the Federal Law Enforcement Training Center shall schedule 
     basic or advanced law enforcement training, or both, at all 
     four training facilities under the control of the Federal Law 
     Enforcement Training Center to ensure that such training 
     facilities are operated at the highest capacity throughout 
     the fiscal year:  Provided further, That the Federal Law 
     Enforcement Training Accreditation Board, including 
     representatives from the Federal law enforcement community 
     and non-Federal accreditation experts involved in law 
     enforcement training, shall lead the Federal law enforcement 
     training accreditation process to continue the implementation 
     of measuring and assessing the quality and effectiveness of 
     Federal law enforcement training programs, facilities, and 
     instructors.

     acquisitions, construction, improvements, and related expenses

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

                         Science and Technology

                     management and administration

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

           research, development, acquisition, and operations

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

                   Domestic Nuclear Detection Office

                     management and administration

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

                 research, development, and operations

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

                          systems acquisition

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

                                TITLE V

                           GENERAL PROVISIONS

       Sec. 501.  No part of any appropriation contained in this 
     Act shall remain available for obligation beyond the current 
     fiscal year unless expressly so provided herein.
       Sec. 502.  Subject to the requirements of section 503 of 
     this Act, the unexpended balances of prior appropriations 
     provided for activities in this Act may be transferred to 
     appropriation accounts for such activities established 
     pursuant to this Act, may be merged with funds in the 
     applicable established accounts, and thereafter may be 
     accounted for as one fund for the same time period as 
     originally enacted.
       Sec. 503. (a) None of the funds provided by this Act, 
     provided by previous appropriations Acts to the agencies in 
     or transferred to the Department of Homeland Security that 
     remain available for obligation or expenditure in fiscal year 
     2012, or provided from any accounts in the Treasury of the 
     United States derived by the collection of fees available to 
     the agencies funded by this Act, shall be available for 
     obligation or expenditure through a reprogramming of funds 
     that:
       (1) creates a new program, project, or activity;
       (2) eliminates a program, project, office, or activity;
       (3) increases funds for any program, project, or activity 
     for which funds have been denied or restricted by the 
     Congress;
       (4) proposes to use funds directed for a specific activity 
     by either of the Committees on Appropriations of the Senate 
     or the House of Representatives for a different purpose; or
       (5) contracts out any function or activity for which 
     funding levels were requested for Federal full-time 
     equivalents in the object classification tables contained in 
     the fiscal year 2012 Budget Appendix for the Department of 
     Homeland Security, as modified by the joint explanatory 
     statement accompanying this Act, unless the Committees on 
     Appropriations of the Senate and the House of Representatives 
     are notified 15 days in advance of such reprogramming of 
     funds.
       (b) None of the funds provided by this Act, provided by 
     previous appropriations Acts to the agencies in or 
     transferred to the Department of Homeland Security that 
     remain available for obligation or expenditure in fiscal year 
     2012, or provided from any accounts in the Treasury of the 
     United States derived by the collection of fees or proceeds 
     available to the agencies funded by this Act, shall be 
     available for obligation or expenditure for programs, 
     projects, or activities through a reprogramming of funds in 
     excess of $5,000,000 or 10 percent, whichever is less, that:
       (1) augments existing programs, projects, or activities;
       (2) reduces by 10 percent funding for any existing program, 
     project, or activity, or reduces the numbers of personnel by 
     10 percent as approved by the Congress; or
       (3) results from any general savings from a reduction in 
     personnel that would result in a change in existing programs, 
     projects, or activities as approved by the Congress, unless 
     the Committees on Appropriations of the Senate and the House 
     of Representatives are notified 15 days in advance of such 
     reprogramming of funds.
       (c) Not to exceed 5 percent of any appropriation made 
     available for the current fiscal year for the Department of 
     Homeland Security by this Act or provided by previous 
     appropriations Acts may be transferred between such 
     appropriations, but no such appropriation, except as 
     otherwise specifically provided, shall be increased by more 
     than 10 percent by such transfers:  Provided, That any 
     transfer under this section shall be treated as a 
     reprogramming of funds under subsection (b) and shall not be 
     available for obligation unless the Committees on 
     Appropriations of the Senate and the House of Representatives 
     are notified 15 days in advance of such transfer.
       (d) Notwithstanding subsections (a), (b), and (c) of this 
     section, no funds shall be reprogrammed within or transferred 
     between appropriations after June 30, except in extraordinary 
     circumstances that imminently threaten the safety of human 
     life or the protection of property.
       (e) The notification thresholds and procedures set forth in 
     this section shall apply to any use of deobligated balances 
     of funds provided in previous Department of Homeland Security 
     Appropriations Acts.
       Sec. 504.  The Department of Homeland Security Working 
     Capital Fund, established pursuant to section 403 of Public 
     Law 103-356 (31 U.S.C. 501 note), shall continue operations 
     as a permanent working capital fund for fiscal year 2012:  
     Provided, That none of the funds appropriated or otherwise 
     made available to the Department of Homeland Security may be 
     used to make payments to the Working Capital Fund, except for 
     the activities and amounts allowed in the President's fiscal 
     year 2012 budget:  Provided further, That funds provided to 
     the Working Capital Fund shall be available for obligation 
     until expended to carry out the purposes of the Working 
     Capital Fund:  Provided further, That all departmental 
     components shall be charged only for direct usage of each 
     Working Capital Fund service:  Provided further, That funds 
     provided to the Working Capital Fund shall be used only for 
     purposes consistent with the contributing component:  
     Provided further, That the Working Capital Fund shall be paid 
     in advance or reimbursed at rates which will return the full 
     cost of each service:  Provided further, That the Working 
     Capital Fund shall be subject to the requirements of section 
     503 of this Act.
       Sec. 505.  Except as otherwise specifically provided by 
     law, not to exceed 50 percent of unobligated balances 
     remaining available at the end of fiscal year 2012 from 
     appropriations for salaries and expenses for fiscal year 2012 
     in this Act shall remain available through September 30, 
     2013, in the account and for the purposes for which the 
     appropriations were provided:  Provided, That prior to the 
     obligation of such funds, a request shall be submitted to the 
     Committees on Appropriations of the Senate and the House of 
     Representatives for approval in accordance with section 503 
     of this Act.
       Sec. 506.  Funds made available by this Act for 
     intelligence activities are deemed to be specifically 
     authorized by the Congress for purposes of section 504 of the 
     National Security Act of 1947 (50 U.S.C. 414) during fiscal 
     year 2012 until the enactment of an Act authorizing 
     intelligence activities for fiscal year 2012.
       Sec. 507. (a) Except as provided in subsections (b) and 
     (c), none of the funds made available by this Act may be used 
     to--
       (1) make or award a grant allocation, grant, contract, 
     other transaction agreement, task or delivery order on a 
     Department of Homeland Security multiple award contract, or 
     to issue a letter of intent totaling in excess of $1,000,000;

[[Page H9054]]

       (2) award a task or delivery order requiring an obligation 
     of funds in an amount greater than $10,000,000 from multi-
     year Department of Homeland Security funds or a task or 
     delivery order that would cause cumulative obligations of 
     multi-year funds in a single account to exceed 50 percent of 
     the total amount appropriated; or
       (3) announce publicly the intention to make or award items 
     under paragraph (1) or (2), including a contract covered by 
     the Federal Acquisition Regulation.
       (b) The Secretary of Homeland Security may waive the 
     prohibition under subsection (a) if the Secretary notifies 
     the Committees on Appropriations of the Senate and the House 
     of Representatives at least 3 full business days in advance 
     of making an award or issuing a letter as described in that 
     subsection.
       (c) If the Secretary of Homeland Security determines that 
     compliance with this section would pose a substantial risk to 
     human life, health, or safety, an award may be made without 
     notification, and the Secretary shall notify the Committees 
     on Appropriations of the Senate and the House of 
     Representatives not later than 5 full business days after 
     such an award is made or letter issued.
       (d) A notification under this section--
       (1) may not involve funds that are not available for 
     obligation; and
       (2) shall include the amount of the award, the fiscal year 
     for which the funds for the award were appropriated, and the 
     account from which the funds are being drawn.
       (e) The Administrator of the Federal Emergency Management 
     Agency shall brief the Committees on Appropriations of the 
     Senate and the House of Representatives 5 full business days 
     in advance of announcing publicly the intention of making an 
     award under ``State and Local Programs''.
       Sec. 508.  Notwithstanding any other provision of law, no 
     agency shall purchase, construct, or lease any additional 
     facilities, except within or contiguous to existing 
     locations, to be used for the purpose of conducting Federal 
     law enforcement training without the advance approval of the 
     Committees on Appropriations of the Senate and the House of 
     Representatives, except that the Federal Law Enforcement 
     Training Center is authorized to obtain the temporary use of 
     additional facilities by lease, contract, or other agreement 
     for training that cannot be accommodated in existing Center 
     facilities.
       Sec. 509.  None of the funds appropriated or otherwise made 
     available by this Act may be used for expenses for any 
     construction, repair, alteration, or acquisition project for 
     which a prospectus otherwise required under chapter 33 of 
     title 40, United States Code, has not been approved, except 
     that necessary funds may be expended for each project for 
     required expenses for the development of a proposed 
     prospectus.
       Sec. 510.  Sections 520, 522, and 530, of the Department of 
     Homeland Security Appropriations Act, 2008 (division E of 
     Public Law 110-161; 121 Stat. 2073 and 2074) shall apply with 
     respect to funds made available in this Act in the same 
     manner as such sections applied to funds made available in 
     that Act.
       Sec. 511.  None of the funds made available in this Act may 
     be used in contravention of the applicable provisions of the 
     Buy American Act (41 U.S.C. 10a et seq.).
       Sec. 512.  None of the funds made available in this Act may 
     be used by any person other than the Privacy Officer 
     appointed under subsection (a) of section 222 of the Homeland 
     Security Act of 2002 (6 U.S.C. 142(a)) to alter, direct that 
     changes be made to, delay, or prohibit the transmission to 
     Congress of any report prepared under paragraph (6) of such 
     subsection.
       Sec. 513.  None of the funds made available in this Act may 
     be used to amend the oath of allegiance required by section 
     337 of the Immigration and Nationality Act (8 U.S.C. 1448).
       Sec. 514.  Within 45 days after the end of each month, the 
     Chief Financial Officer of the Department of Homeland 
     Security shall submit to the Committees on Appropriations of 
     the Senate and the House of Representatives a monthly budget 
     and staffing report for that month that includes total 
     obligations, on-board versus funded full-time equivalent 
     staffing levels, and the number of contract employees for 
     each office of the Department.
       Sec. 515.  None of the funds appropriated by this Act may 
     be used to process or approve a competition under Office of 
     Management and Budget Circular A-76 for services provided as 
     of June 1, 2004, by employees (including employees serving on 
     a temporary or term basis) of United States Citizenship and 
     Immigration Services of the Department of Homeland Security 
     who are known as of that date as Immigration Information 
     Officers, Contact Representatives, or Investigative 
     Assistants.
       Sec. 516.  Except as provided in section 44945 of title 49, 
     United States Code, funds appropriated or transferred to 
     Transportation Security Administration ``Aviation Security'', 
     ``Administration'', and ``Transportation Security Support'' 
     for fiscal years 2004 and 2005 that are recovered or 
     deobligated shall be available only for the procurement or 
     installation of explosives detection systems, air cargo, 
     baggage, and checkpoint screening systems, subject to 
     notification:  Provided, That quarterly reports shall be 
     submitted to the Committees on Appropriations of the Senate 
     and the House of Representatives on any funds that are 
     recovered or deobligated.
       Sec. 517.  Any funds appropriated to Coast Guard 
     ``Acquisition, Construction, and Improvements'' for fiscal 
     years 2002, 2003, 2004, 2005, and 2006 for the 110-123 foot 
     patrol boat conversion that are recovered, collected, or 
     otherwise received as the result of negotiation, mediation, 
     or litigation, shall be available until expended for the Fast 
     Response Cutter program.
       Sec. 518.  Section 532(a) of Public Law 109-295 (120 Stat. 
     1384) is amended by striking ``2011'' and inserting ``2012''.
       Sec. 519.  The functions of the Federal Law Enforcement 
     Training Center instructor staff shall be classified as 
     inherently governmental for the purpose of the Federal 
     Activities Inventory Reform Act of 1998 (31 U.S.C. 501 note).
       Sec. 520. (a) Except as provided in subsection (b), none of 
     the funds appropriated in this or any other Act to the 
     ``Office of the Secretary and Executive Management'', the 
     ``Office of the Under Secretary for Management'', or the 
     ``Office of the Chief Financial Officer'', may be obligated 
     for a grant or contract funded under such headings by any 
     means other than full and open competition.
       (b) Subsection (a) does not apply to obligation of funds 
     for a contract awarded--
       (1) by a means that is required by a Federal statute, 
     including obligation for a purchase made under a mandated 
     preferential program, including the AbilityOne Program, that 
     is authorized under the Javits-Wagner-O'Day Act (41 U.S.C. 46 
     et seq.);
       (2) pursuant to the Small Business Act (15 U.S.C. 631 et 
     seq.);
       (3) in an amount less than the simplified acquisition 
     threshold described under section 302A(a) of the Federal 
     Property and Administrative Services Act of 1949 (41 U.S.C. 
     252a(a)); or
       (4) by another Federal agency using funds provided through 
     an interagency agreement.
       (c)(1) Subject to paragraph (2), the Secretary of Homeland 
     Security may waive the application of this section for the 
     award of a contract in the interest of national security or 
     if failure to do so would pose a substantial risk to human 
     health or welfare.
       (2) Not later than 5 days after the date on which the 
     Secretary of Homeland Security issues a waiver under this 
     subsection, the Secretary shall submit notification of that 
     waiver to the Committees on Appropriations of the Senate and 
     the House of Representatives, including a description of the 
     applicable contract to which the waiver applies and an 
     explanation of why the waiver authority was used:  Provided, 
     That the Secretary may not delegate the authority to grant 
     such a waiver.
       (d) In addition to the requirements established by 
     subsections (a), (b), and (c) of this section, the Inspector 
     General of the Department of Homeland Security shall review 
     departmental contracts awarded through means other than a 
     full and open competition to assess departmental compliance 
     with applicable laws and regulations:  Provided, That the 
     Inspector General shall review selected contracts awarded in 
     the previous fiscal year through means other than a full and 
     open competition:  Provided further, That in selecting which 
     contracts to review, the Inspector General shall consider the 
     cost and complexity of the goods and services to be provided 
     under the contract, the criticality of the contract to 
     fulfilling Department missions, past performance problems on 
     similar contracts or by the selected vendor, complaints 
     received about the award process or contractor performance, 
     and such other factors as the Inspector General deems 
     relevant:  Provided further, That the Inspector General shall 
     report the results of the reviews to the Committees on 
     Appropriations of the Senate and the House of Representatives 
     no later than February 6, 2012.
       Sec. 521.  None of the funds provided by this or previous 
     appropriations Acts shall be used to fund any position 
     designated as a Principal Federal Official (or the successor 
     thereto) for any Robert T. Stafford Disaster Relief and 
     Emergency Assistance Act (42 U.S.C. 5121 et seq.) declared 
     disasters or emergencies unless--
       (1) The responsibilities of the Principal Federal Official 
     do not include operational functions related to incident 
     management, including coordination of operations, and are 
     consistent with the requirements of subsection 509(c) and 
     subsections 503(c)(3) and (c)(4)(A) of the Homeland Security 
     Act of 2002 (6 U.S.C. 319(c) and 313(c)(3) and (c)(4)(A)) and 
     section 302 of the Robert T. Stafford Disaster Relief and 
     Assistance Act (42 U.S.C. 5143);
       (2) Not later than 10 business days after the latter of the 
     date on which the Secretary of Homeland Security appoints the 
     Principal Federal Official and the date on which the 
     President issues a declaration under section 401 or section 
     501 of the Robert T. Stafford Disaster Relief and Emergency 
     Assistance Act (42 U.S.C. 5170 and 5191, respectively), the 
     Secretary of Homeland Security shall submit a notification of 
     the appointment of the Principal Federal Official and a 
     description of the responsibilities of such Official and how 
     such responsibilities are consistent with paragraph (1) to 
     the Committees on Appropriations of the Senate and the House 
     of Representatives, the Transportation and Infrastructure 
     Committee of the House of Representatives, and the Homeland 
     Security and Governmental Affairs Committee of the Senate; 
     and
       (3) Not later than 60 days after the date of enactment of 
     this Act, the Secretary shall provide a report specifying 
     timeframes and milestones regarding the update of operations, 
     planning and policy documents, and training and exercise 
     protocols, to ensure consistency with paragraph (1) of this 
     section.
       Sec. 522.  None of the funds made available in this or any 
     other Act for fiscal years 2012 and thereafter may be used to 
     enforce section 4025(1) of Public Law 108-458 unless the 
     Administrator of the Transportation Security Administration 
     reverses the determination of July 19, 2007, that butane 
     lighters are not a significant threat to civil aviation 
     security.
       Sec. 523.  None of the funds provided or otherwise made 
     available in this Act shall be available to carry out section 
     872 of the Homeland Security Act of 2002 (6 U.S.C. 452).
       Sec. 524.  Funds made available in this Act may be used to 
     alter operations within the Civil Engineering Program of the 
     Coast Guard nationwide, including civil engineering units, 
     facilities design and construction centers, maintenance and 
     logistics commands, and the Coast

[[Page H9055]]

     Guard Academy, except that none of the funds provided in this 
     Act may be used to reduce operations within any Civil 
     Engineering Unit unless specifically authorized by a statute 
     enacted after the date of enactment of this Act.
       Sec. 525.  None of the funds made available in this Act may 
     be used by United States Citizenship and Immigration Services 
     to grant an immigration benefit unless the results of 
     background checks required by law to be completed prior to 
     the granting of the benefit have been received by United 
     States Citizenship and Immigration Services, and the results 
     do not preclude the granting of the benefit.
       Sec. 526.  None of the funds made available in this or any 
     other Act for fiscal year 2012 and thereafter may be used to 
     destroy or put out to pasture any horse or other equine 
     belonging to any component or agency of the Department of 
     Homeland Security that has become unfit for service, unless 
     the trainer or handler is first given the option to take 
     possession of the equine through an adoption program that has 
     safeguards against slaughter and inhumane treatment.
       Sec. 527.  Section 831 of the Homeland Security Act of 2002 
     (6 U.S.C. 391) is amended--
       (1) in subsection (a), by striking ``Until September 30, 
     2011,'' and inserting ``Until September 30, 2012,'';
       (2) by striking subsection (b);
       (3) by redesignating subsections (c), (d), and (e) as 
     subsections (b), (c), and (d), respectively; and
       (4) in subsection (c)(1) (as redesignated by paragraph (3) 
     of this section), by striking ``September 30, 2011,'' and 
     inserting ``September 30, 2012,''.
       Sec. 528.  The Secretary of Homeland Security shall require 
     that all contracts of the Department of Homeland Security 
     that provide award fees link such fees to successful 
     acquisition outcomes (which outcomes shall be specified in 
     terms of cost, schedule, and performance).
       Sec. 529.  Notwithstanding any other provision of law, none 
     of the funds provided in this or any other Act shall be used 
     to approve a waiver of the navigation and vessel-inspection 
     laws pursuant to 46 U.S.C. 501(b) for the transportation of 
     crude oil distributed from the Strategic Petroleum Reserve 
     until the Secretary of Homeland Security, after consultation 
     with the Secretaries of the Departments of Energy and 
     Transportation and representatives from the United States 
     flag maritime industry, takes adequate measures to ensure the 
     use of United States flag vessels:  Provided, That the 
     Secretary shall notify the Committees on Appropriations of 
     the Senate and the House of Representatives, the Committee on 
     Commerce, Science, and Transportation of the Senate, and the 
     Committee on Transportation and Infrastructure of the House 
     of Representatives within 48 hours of any request for waivers 
     of navigation and vessel-inspection laws pursuant to 46 
     U.S.C. 501(b).
       Sec. 530.  None of the funds made available to the Office 
     of the Secretary and Executive Management under this Act may 
     be expended for any new hires by the Department of Homeland 
     Security that are not verified through the E-Verify Program 
     as described in section 403(a) of the Illegal Immigration 
     Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 
     1324a note).
       Sec. 531.  None of the funds in this Act shall be used to 
     reduce the United States Coast Guard's Operations Systems 
     Center mission or its government-employed or contract staff 
     levels.
       Sec. 532.  None of the funds made available in this Act for 
     U.S. Customs and Border Protection may be used to prevent an 
     individual not in the business of importing a prescription 
     drug (within the meaning of section 801(g) of the Federal 
     Food, Drug, and Cosmetic Act) from importing a prescription 
     drug from Canada that complies with the Federal Food, Drug, 
     and Cosmetic Act:  Provided, That this section shall apply 
     only to individuals transporting on their person a personal-
     use quantity of the prescription drug, not to exceed a 90-day 
     supply:  Provided further, That the prescription drug may not 
     be--
       (1) a controlled substance, as defined in section 102 of 
     the Controlled Substances Act (21 U.S.C. 802); or
       (2) a biological product, as defined in section 351 of the 
     Public Health Service Act (42 U.S.C. 262).
       Sec. 533.  None of the funds appropriated by this Act may 
     be used to conduct, or to implement the results of, a 
     competition under Office of Management and Budget Circular A-
     76 for activities performed with respect to the Coast Guard 
     National Vessel Documentation Center.
       Sec. 534.  The Secretary of Homeland Security, in 
     consultation with the Secretary of the Treasury, shall notify 
     the Committees on Appropriations of the Senate and the House 
     of Representatives of any proposed transfers of funds 
     available under section 9703.1 (g)(4)(B) of title 31, United 
     States Code (as added by Public Law 102-393) from the 
     Department of the Treasury Forfeiture Fund to any agency 
     within the Department of Homeland Security:  Provided, That 
     none of the funds identified for such a transfer may be 
     obligated until the Committees on Appropriations of the 
     Senate and the House of Representatives approve the proposed 
     transfers.
       Sec. 535.  None of the funds made available in this Act may 
     be used for planning, testing, piloting, or developing a 
     national identification card.
       Sec. 536.  If the Administrator of the Transportation 
     Security Administration determines that an airport does not 
     need to participate in the E-Verify Program as described in 
     section 403(a) of the Illegal Immigration Reform and 
     Immigrant Responsibility Act of 1996 (8 U.S.C. 1324a note), 
     the Administrator shall certify to the Committees on 
     Appropriations of the Senate and the House of Representatives 
     that no security risks will result from such non-
     participation.
       Sec. 537. (a) Notwithstanding any other provision of this 
     Act, except as provided in subsection (b), and 30 days after 
     the date on which the President determines whether to declare 
     a major disaster because of an event and any appeal is 
     completed, the Administrator shall publish on the Web site of 
     the Federal Emergency Management Agency a report regarding 
     that decision that shall summarize damage assessment 
     information used to determine whether to declare a major 
     disaster.
       (b) The Administrator may redact from a report under 
     subsection (a) any data that the Administrator determines 
     would compromise national security.
       (c) In this section--
       (1) the term ``Administrator'' means the Administrator of 
     the Federal Emergency Management Agency; and
       (2) the term ``major disaster'' has the meaning given that 
     term in section 102 of the Robert T. Stafford Disaster Relief 
     and Emergency Assistance Act (42 U.S.C. 5122).
       Sec. 538. (a) Notwithstanding any other provision of law 
     during fiscal year 2012 or any subsequent fiscal year, if the 
     Secretary of Homeland Security determines that the National 
     Bio- and Agro-defense Facility should be located at a site 
     other than Plum Island, New York, the Secretary shall ensure 
     that the Administrator of General Services sells through 
     public sale all real and related personal property and 
     transportation assets which support Plum Island operations, 
     subject to such terms and conditions as may be necessary to 
     protect Government interests and meet program requirements.
       (b) The proceeds of such sale described in subsection (a) 
     shall be deposited as offsetting collections into the 
     Department of Homeland Security Science and Technology 
     ``Research, Development, Acquisition, and Operations'' 
     account and, subject to appropriation, shall be available 
     until expended, for site acquisition, construction, and costs 
     related to the construction of the National Bio- and Agro-
     defense Facility, including the costs associated with the 
     sale, including due diligence requirements, necessary 
     environmental remediation at Plum Island, and reimbursement 
     of expenses incurred by the General Services Administration.
       Sec. 539.  Any official that is required by this Act to 
     report or to certify to the Committees on Appropriations of 
     the Senate and the House of Representatives may not delegate 
     such authority to perform that act unless specifically 
     authorized herein.
       Sec. 540.  Section 550(b) of the Department of Homeland 
     Security Appropriations Act, 2007 (Public Law 109-295; 6 
     U.S.C. 121 note), as amended by section 550 of the Department 
     of Homeland Security Appropriations Act, 2010 (Public Law 
     111-83), is further amended by striking ``on October 4, 
     2011'' and inserting ``on October 4, 2012''.
       Sec. 541.  None of the funds appropriated or otherwise made 
     available in this or any other Act may be used to transfer, 
     release, or assist in the transfer or release to or within 
     the United States, its territories, or possessions Khalid 
     Sheikh Mohammed or any other detainee who--
       (1) is not a United States citizen or a member of the Armed 
     Forces of the United States; and
       (2) is or was held on or after June 24, 2009, at the United 
     States Naval Station, Guantanamo Bay, Cuba, by the Department 
     of Defense.
       Sec. 542.  None of the funds made available in this Act may 
     be used for first-class travel by the employees of agencies 
     funded by this Act in contravention of sections 301-10.122 
     through 301.10-124 of title 41, Code of Federal Regulations.
       Sec. 543.  None of the funds made available in this Act may 
     be used to propose or effect a disciplinary or adverse 
     action, with respect to any Department of Homeland Security 
     employee who engages regularly with the public in the 
     performance of his or her official duties solely because that 
     employee elects to utilize protective equipment or measures, 
     including but not limited to surgical masks, N95 respirators, 
     gloves, or hand-sanitizers, where use of such equipment or 
     measures is in accord with Department of Homeland Security 
     policy, and Centers for Disease Control and Prevention and 
     Office of Personnel Management guidance.
       Sec. 544.  None of the funds made available in this Act may 
     be used to employ workers described in section 274A(h)(3) of 
     the Immigration and Nationality Act (8 U.S.C. 1324a(h)(3)).
       Sec. 545. (a) Any company that collects or retains personal 
     information directly from any individual who participates in 
     the Registered Traveler program of the Transportation 
     Security Administration shall safeguard and dispose of such 
     information in accordance with the requirements in--
       (1) the National Institute for Standards and Technology 
     Special Publication 800-30, entitled ``Risk Management Guide 
     for Information Technology Systems'';
       (2) the National Institute for Standards and Technology 
     Special Publication 800-53, Revision 3, entitled 
     ``Recommended Security Controls for Federal Information 
     Systems and Organizations,''; and
       (3) any supplemental standards established by the 
     Administrator of the Transportation Security Administration 
     (referred to in this section as the ``Administrator'').
       (b) The airport authority or air carrier operator that 
     sponsors the company under the Registered Traveler program 
     shall be known as the Sponsoring Entity.
       (c) The Administrator shall require any company covered by 
     subsection (a) to provide, not later than 30 days after the 
     date of enactment of this Act, to the Sponsoring Entity 
     written certification that the procedures used by the company 
     to safeguard and dispose of information are in compliance 
     with the requirements under subsection (a). Such 
     certification shall include a description of the procedures 
     used by the company to comply with such requirements.
       Sec. 546.  For fiscal year 2012 and thereafter, for 
     purposes of section 210C of the Homeland Security Act of 2002 
     (6 U.S.C. 124j), a rural area

[[Page H9056]]

     shall also include any area that is located in a metropolitan 
     statistical area and a county, borough, parish, or area under 
     the jurisdiction of an Indian tribe with a population of not 
     more than 50,000.
       Sec. 547.  Notwithstanding any other provision of this Act, 
     none of the funds appropriated or otherwise made available by 
     this Act may be used to pay award or incentive fees for 
     contractor performance that has been judged to be below 
     satisfactory performance or performance that does not meet 
     the basic requirements of a contract.
       Sec. 548. (a) Not later than 180 days after the date of 
     enactment of this Act, the Administrator of the 
     Transportation Security Administration shall submit to the 
     Committees on Appropriations of the Senate and the House of 
     Representatives, a report that either--
       (1) certifies that the requirement for screening all air 
     cargo on passenger aircraft by the deadline under section 
     44901(g) of title 49, United States Code, has been met; or
       (2) includes a strategy to comply with the requirements 
     under title 44901(g) of title 49, United States Code, 
     including--
       (A) a plan to meet the requirement under section 44901(g) 
     of title 49, United States Code, to screen 100 percent of air 
     cargo transported on passenger aircraft arriving in the 
     United States in foreign air transportation (as that term is 
     defined in section 40102 of that title); and
       (B) specification of--
       (i) the percentage of such air cargo that is being 
     screened; and
       (ii) the schedule for achieving screening of 100 percent of 
     such air cargo.
       (b) The Administrator shall continue to submit reports 
     described in subsection (a)(2) every 180 days thereafter 
     until the Administrator certifies that the Transportation 
     Security Administration has achieved screening of 100 percent 
     of such air cargo.
       Sec. 549.  In developing any process to screen aviation 
     passengers and crews for transportation or national security 
     purposes, the Secretary of Homeland Security shall ensure 
     that all such processes take into consideration such 
     passengers' and crews' privacy and civil liberties consistent 
     with applicable laws, regulations, and guidance.
       Sec. 550. (a) None of the funds made available in this Act 
     may be obligated for construction of the National Bio- and 
     Agro-defense Facility until the Department of Homeland 
     Security--
       (1) completes 50 percent of design planning for the 
     National Bio- and Agro-defense Facility;
       (2) submits to the Committees on Appropriations of the 
     Senate and the House of Representatives a revised site-
     specific biosafety and biosecurity mitigation risk assessment 
     that describes how to significantly reduce risks of 
     conducting essential research and diagnostic testing at the 
     National Bio- and Agro-defense Facility and addresses 
     shortcomings identified in the National Academy of Sciences' 
     evaluation of the initial site-specific biosafety and 
     biosecurity mitigation risk assessment; and
       (3) submits to the Committees on Appropriations of the 
     Senate and the House of Representatives the results of the 
     National Academy of Sciences' review of the risk assessment 
     as described in subsection (c).
       (b) The revised site-specific biosafety and biosecurity 
     mitigation risk assessment required by subsection (a) shall--
       (1) include a quantitative risk assessment for foot-and-
     mouth disease virus, in particular epidemiological and 
     economic impact modeling to determine the overall risk of 
     operating the facility for its expected 50-year life span, 
     taking into account strategies to mitigate risk of foot-and-
     mouth disease virus release from the laboratory and ensure 
     safe operations at the approved National Bio- and Agro-
     defense Facility site;
       (2) address the impact of surveillance, response, and 
     mitigation plans (developed in consultation with local, 
     State, and Federal authorities and appropriate stakeholders) 
     if a release occurs, to detect and control the spread of 
     disease; and
       (3) include overall risks of the most dangerous pathogens 
     the Department of Homeland Security expects to hold in the 
     National Bio- and Agro-defense Facility's biosafety level 4 
     facility, and effectiveness of mitigation strategies to 
     reduce those risks.
       (c) The Department of Homeland Security shall enter into a 
     contract with the National Academy of Sciences to evaluate 
     the adequacy and validity of the risk assessment required by 
     subsection (a). The National Academy of Sciences shall submit 
     a report on such evaluation within four months after the date 
     the Department of Homeland Security concludes its risk 
     assessment.
       Sec. 551. (a) Notwithstanding section 1356(n) of title 8, 
     United States Code, of the funds deposited into the 
     Immigration Examinations Fee Account, $10,000,000 shall be 
     available to United States Citizenship and Immigration 
     Services in fiscal year 2012 for the purpose of providing an 
     immigrant integration grants program.
       (b) None of the funds made available to United States 
     Citizenship and Immigration Services for grants for immigrant 
     integration may be used to provide services to aliens who 
     have not been lawfully admitted for permanent residence.
       Sec. 552.  For an additional amount for necessary expenses 
     for reimbursement of the actual costs to State and local 
     governments for providing emergency management, public 
     safety, and security at events, as determined by the 
     Administrator of the Federal Emergency Management Agency, 
     related to the presence of a National Special Security Event, 
     $7,500,000, to remain available until September 30, 2013.
       Sec. 553.  Notwithstanding the 10 percent limitation 
     contained in section 503(c) of this Act, the Secretary of 
     Homeland Security may transfer to the fund established by 8 
     U.S.C. 1101 note, up to $20,000,000 from appropriations 
     available to the Department of Homeland Security:  Provided, 
     That the Secretary shall notify the Committees on 
     Appropriations of the Senate and the House of Representatives 
     5 days in advance of such transfer.
       Sec. 554.  The administrative law judge annuitants 
     participating in the Senior Administrative Law Judge Program 
     managed by the Director of the Office of Personnel Management 
     under section 3323 of title 5, United States Code, shall be 
     available on a temporary re-employment basis to conduct 
     arbitrations of disputes as part of the arbitration panel 
     established by the President under section 601 of division A 
     of the American Recovery and Reinvestment Act of 2009 (Public 
     Law 111-5; 123 Stat. 164).
       Sec. 555.  None of the funds appropriated or otherwise made 
     available by this Act may be used by the Department of 
     Homeland Security to enter into any federal contract unless 
     such contract is entered into in accordance with the 
     requirements of the Federal Property and Administrative 
     Services Act of 1949 (41 U.S.C. 253) or Chapter 137 of title 
     10, United States Code, and the Federal Acquisition 
     Regulation, unless such contract is otherwise authorized by 
     statute to be entered into without regard to the above 
     referenced statutes.
       Sec. 556. (a) For an additional amount for data center 
     migration, $70,000,000.
       (b) Funds made available in subsection (a) for data center 
     migration may be transferred by the Secretary of Homeland 
     Security between appropriations for the same purpose, 
     notwithstanding section 503 of this Act.
       (c) No transfer described in subsection (b) shall occur 
     until 15 days after the Committees on Appropriations of the 
     Senate and the House of Representatives are notified of such 
     transfer.
       Sec. 557.  For fiscal year 2012 and thereafter, U.S. 
     Customs and Border Protection's Advanced Training Center is 
     authorized to charge fees for any service and/or thing of 
     value it provides to Federal Government or non-government 
     entities or individuals, so long as the fees charged do not 
     exceed the full costs associated with the service or thing of 
     value provided:  Provided, That notwithstanding 31 U.S.C. 
     3302(b), fees collected by the Advanced Training Center are 
     to be deposited into a separate account entitled ``Advanced 
     Training Center Revolving Fund'', and be available, without 
     further appropriations, for necessary expenses of the 
     Advanced Training Center program, and are to remain available 
     until expended.
       Sec. 558.  Section 559(e) of Public Law 111-83 is amended--
        (a) in the matter preceding the first proviso, by striking 
     ``law, sell'' and inserting ``law, hereafter sell''; and
       (b) in the first proviso--
       (1) by striking ``shall be deposited'' and inserting 
     ``shall hereafter be deposited''; and
       (2) by striking ``subject to appropriation,'' and inserting 
     ``without further appropriations,''.
       Sec. 559.  Notwithstanding any other provision of law, 
     should the Secretary of Homeland Security determine that 
     specific U.S. Immigration and Customs Enforcement Service 
     Processing Centers or other U.S. Immigration and Customs 
     Enforcement owned detention facilities no longer meet the 
     mission need, the Secretary is authorized to dispose of 
     individual Service Processing Centers or other U.S. 
     Immigration and Customs Enforcement owned detention 
     facilities by directing the Administrator of General Services 
     to sell all real and related personal property which support 
     Service Processing Centers or other U.S. Immigration and 
     Customs Enforcement owned detention facilities, subject to 
     such terms and conditions as necessary to protect Government 
     interests and meet program requirements:  Provided, That the 
     proceeds, net of the costs of sale incurred by the General 
     Services Administration and U.S. Immigration and Customs 
     Enforcement, shall be deposited as offsetting collections 
     into a separate account that shall be available, subject to 
     appropriation, until expended for other real property capital 
     asset needs of existing U.S. Immigration and Customs 
     Enforcement assets, excluding daily operations and 
     maintenance costs, as the Secretary deems appropriate:  
     Provided further, That any sale or collocation of federally 
     owned detention facilities shall not result in the 
     maintenance of fewer than 34,000 detention beds:  Provided 
     further, That the Committees on Appropriations of the Senate 
     and the House of Representatives shall be notified 15 days 
     prior to the announcement of any proposed sale or 
     collocation.
       Sec. 560.  For an additional amount for the ``Office of the 
     Under Secretary for Management'', $55,979,000, to remain 
     available until expended, for necessary expenses to plan, 
     acquire, construct, renovate, remediate, equip, furnish, and 
     occupy buildings and facilities for the consolidation of 
     department headquarters at St. Elizabeths and associated 
     mission support consolidation:  Provided, That the Committees 
     on Appropriations of the Senate and the House of 
     Representatives shall receive an expenditure plan not later 
     than 90 days after the date of enactment of this Act 
     detailing the allocation of these funds.
       Sec. 561.  None of the funds made available by this Act may 
     be used to enforce the requirements in--
       (1) section 34(a)(1)(A) of the Federal Fire Prevention and 
     Control Act of 1974 (15 U.S.C. 2229(a)(1)(A));
       (2) section 34(a)(1)(B) of such Act;
       (3) section 34(c)(1) of such Act;
       (4) section 34(c)(2) of such Act;
       (5) section 34(c)(4)(A) of such Act; and
       (6) section 34(a)(1)(E) of such Act.
       Sec. 562.  Notwithstanding the requirement under section 
     34(a)(1)(A) of the Federal Fire Prevention and Control Act of 
     1974 (15 U.S.C. 2229a(a)(1)(A)) that grants must be used to 
     increase the number of firefighters in fire departments, the 
     Secretary of Homeland Security, in

[[Page H9057]]

     making grants under section 34 of such Act using the funds 
     appropriated for fiscal year 2011, shall grant waivers from 
     the requirements of subsections (a)(1)(B), (c)(1), (c)(2), 
     and (c)(4)(A) of such section:  Provided, That section 
     34(a)(1)(E) of such Act shall not apply with respect to funds 
     appropriated for fiscal year 2011 for grants under section 34 
     of such Act:  Provided further, That the Secretary of 
     Homeland Security, in making grants under section 34 of such 
     Act, shall ensure that funds appropriated for fiscal year 
     2011 are made available for the hiring, rehiring, or 
     retention of firefighters.
       Sec. 563.  For fiscal year 2012 and thereafter, 
     notwithstanding section 1012(a)(5) of the Oil Pollution Act 
     of 1990 (33 U.S.C. 2712(a)(5)) and 31 U.S.C. 3302, in the 
     event that a spill of national significance occurs, any 
     payment of amounts from the Oil Spill Liability Trust Fund 
     pursuant to section 1012(a)(1) of the Oil Pollution Act of 
     1990 (33 U.S.C. 2712(a)(1)) for the removal costs incurred by 
     the Coast Guard for such spill, shall be credited directly to 
     the accounts of the Coast Guard current at the time such 
     removal costs were incurred or when reimbursement is 
     received:  Provided, That such amounts shall be merged with 
     and, without further appropriations, made available for the 
     same time period and the same purpose as the appropriation to 
     which it is credited.
       Sec. 564. (a) Civil Penalties for Circumventing Security 
     Screening.--Section 46301(a)(5)(A)(i) of title 49, United 
     States Code, is amended--
       (1) by striking ``or chapter 449'' and inserting ``chapter 
     449''; and
       (2) by inserting ``, or section 46314(a)'' after 
     ``44909)''.
       (b) Criminal Penalties for Circumventing Security 
     Screening.--Section 46314(b)(2) of title 49, United States 
     Code, is amended by inserting ``with intent to evade security 
     procedures or restrictions or'' after ``of this section''.
       (c) Notice of Penalties.--Section 46314 of title 49, United 
     States Code, is amended by adding at the end the following 
     new subsection:
       ``(c) Notice of Penalties.--
       ``(1) In general.--Each operator of an airport in the 
     United States that is required to establish an air 
     transportation security program pursuant to section 44903(c) 
     shall ensure that signs that meet such requirements as the 
     Secretary of Homeland Security may prescribe providing notice 
     of the penalties imposed under section 46301(a)(5)(A)(i) and 
     subsection (b) of this section are displayed near all 
     screening locations, all locations where passengers exit the 
     sterile area, and such other locations at the airport as the 
     Secretary of Homeland Security determines appropriate.
       ``(2) Effect of signs on penalties.--An individual shall be 
     subject to a penalty imposed under section 46301(a)(5)(A)(i) 
     or subsection (b) of this section without regard to whether 
     signs are displayed at an airport as required by paragraph 
     (1).''.
       Sec. 565. (a) Short Title.--This section may be cited as 
     the ``Disaster Assistance Recoupment Fairness Act of 2011''.
       (b) Debts Since 2005.--
       (1) Definition.--In this section, the term ``covered 
     assistance'' means assistance provided--
       (A) under section 408 of the Robert T. Stafford Disaster 
     Relief and Emergency Assistance Act (42 U.S.C. 5174); and
       (B) in relation to a major disaster declared by the 
     President under section 401 of the Robert T. Stafford 
     Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170) 
     during the period beginning on August 28, 2005, and ending on 
     December 31, 2010.
       (2) Waiver authority.--The Administrator of the Federal 
     Emergency Management Agency--
       (A) subject to subparagraph (B) and paragraph (3), may 
     waive a debt owed to the United States related to covered 
     assistance provided to an individual or household if--
       (i) the covered assistance was distributed based on an 
     error by the Federal Emergency Management Agency;
       (ii) there was no fault on behalf of the debtor; and
       (iii) the collection of the debt would be against equity 
     and good conscience; and
       (B) may not waive a debt under subparagraph (A) if the debt 
     involves fraud, the presentation of a false claim, or 
     misrepresentation by the debtor or any party having an 
     interest in the claim.
       (3) Presumption of repayment.--In determining whether to 
     waive a debt under paragraph (2), the Administrator of the 
     Federal Emergency Management Agency shall presume that, if 
     the adjusted gross income (as defined under section 62 of the 
     Internal Revenue Code of 1986) of the household of the debtor 
     for the last taxable year ending in or with the calendar year 
     preceding the date on which the income is determined exceeds 
     $90,000, the debtor should be required to make at least a 
     partial payment on the debt.
       (4) Reporting.--Not later than 3 months after the date of 
     enactment of this Act, and every 3 months thereafter until 
     the date that is 18 months after the date of enactment of 
     this Act, the Inspector General of the Department of Homeland 
     Security shall submit a report that assesses the cost-
     effectiveness of the efforts of the Federal Emergency 
     Management Agency to recoup improper payments under the 
     Individuals and Household Program under section 408 of the 
     Robert T. Stafford Disaster Relief and Emergency Assistance 
     Act (42 U.S.C. 5174) to--
       (A) the Committee on Homeland Security and Governmental 
     Affairs and the Subcommittee on Homeland Security of the 
     Committee on Appropriations of the Senate; and
       (B) the Committee on Homeland Security, the Committee on 
     Transportation and Infrastructure, and the Subcommittee on 
     Homeland Security of the Committee on Appropriations of the 
     House of Representatives.
       Sec. 566. (a) Notwithstanding section 312 of the Robert T. 
     Stafford Disaster Relief and Emergency Assistance Act and 
     subject to subsection (b), recipients of Small Business 
     Administration Disaster loans for disaster-related damage to 
     their homes may be eligible for reimbursement at the 
     discretion of the state, under Section 404 of that Act, for 
     documented and eligible mitigation work performed on their 
     home.
       (b) Limitations.--
       (1) Any reimbursement provided to or on behalf of a 
     homeowner pursuant to subsection (a) shall not exceed the 
     amount of the disaster loan that may be used and was used for 
     disaster mitigation activities; and
       (2) Subsection (a) shall only apply if the disaster loan 
     and assistance provided under section 404 were made available 
     in response to the same disaster declaration.
       (3) Shall be applicable only to disasters declared by the 
     President under section 401 of the Robert T. Stafford 
     Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170) 
     during the period beginning on August 28, 2005 and ending on 
     August 28, 2006.
       (c) If a state chooses to use funds under section 404 to 
     reimburse homeowners as provided in subsection (a), it shall 
     make payments in the following order:
       (1) First, to the Small Business Administration on behalf 
     of the eligible homeowner for the purpose of reducing, but 
     not below zero, the homeowner's outstanding debt obligation 
     to the Small Business Administration for the disaster loan; 
     and
       (2) Second, any remaining reimbursement shall be paid 
     directly to the homeowner.
       Sec. 567.  None of the funds made available under this Act 
     or any prior appropriations Act may be provided to the 
     Association of Community Organizations for Reform Now 
     (ACORN), or any of its affiliates, subsidiaries, or allied 
     organizations.
       Sec. 568.  The Commissioner of U.S. Customs and Border 
     Protection and the Assistant Secretary of Homeland Security 
     for U.S. Immigration and Customs Enforcement each shall 
     submit to the Committees on Appropriations of the Senate and 
     the House of Representatives with the congressional budget 
     justification, a multi-year investment and management plan, 
     to include each year starting with the current fiscal year 
     and the 3 subsequent fiscal years, for their respective 
     Offices of Information Technology to include for that 
     office--
       (1) the funding level by source for all funds to be 
     executed;
       (2) the funding included for each project and activity tied 
     to mission requirements, program management capabilities, 
     performance levels, and specific capabilities and services to 
     be delivered;
       (3) the total estimated cost and projected timeline of 
     completion for all multi-year enhancements, modernizations, 
     and new capabilities proposed in the current fiscal year or 
     underway; and
       (4) a detailed accounting of operation and maintenance 
     costs.
       Sec. 569.  The Secretary of Homeland Security shall ensure 
     enforcement of immigration laws (as defined in section 
     101(a)(17) of the Immigration and Nationality Act (8 U.S.C. 
     1101(a)(17))).

                             (rescissions)

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

                             (rescissions)

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

[[Page H9058]]

       (13) $1,072,938 from Domestic Nuclear Detection Office 
     ``Management and Administration''; and
       (14) $216,744 from Federal Emergency Management Agency 
     ``Management and Administration''.

                             (rescissions)

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

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

                                TITLE I

                       DEPARTMENT OF THE INTERIOR

                       Bureau of Land Management

                   management of lands and resources

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

                              construction

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

                            land acquisition

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

                   oregon and california grant lands

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

                           range improvements

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

               service charges, deposits, and forfeitures

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

                       miscellaneous trust funds

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

                       administrative provisions

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

                United States Fish and Wildlife Service

                          resource management

       For necessary expenses of the United States Fish and 
     Wildlife Service, as authorized by law, and for scientific 
     and economic studies, general administration, and for the 
     performance of other authorized functions related to such 
     resources, $1,228,142,000, to remain available until 
     September 30, 2013 except as otherwise provided herein:  
     Provided, That not to exceed $20,902,000 shall be used for 
     implementing subsections (a), (b), (c), and (e) of section 4 
     of the Endangered Species Act, as amended, (except for 
     processing petitions, developing and issuing proposed and 
     final regulations, and taking any other steps to implement 
     actions described in subsection (c)(2)(A), (c)(2)(B)(i), or 
     (c)(2)(B)(ii)), of which not to exceed $7,472,000 shall be 
     used for any activity regarding the designation of critical 
     habitat, pursuant to subsection (a)(3), excluding litigation 
     support, for species listed pursuant to subsection (a)(1) 
     prior to October 1, 2010; of which not to exceed $1,500,000 
     shall be used for any activity regarding petitions to list 
     species that are indigenous to the United States pursuant to 
     subsections (b)(3)(A) and (b)(3)(B); and, of which not to 
     exceed $1,500,000 shall be used for implementing subsections 
     (a), (b), (c), and (e) of section 4 of the Endangered Species 
     Act,

[[Page H9059]]

     as amended, for species that are not indigenous to the United 
     States:  Provided further, That, in fiscal year 2012 and 
     hereafter of the amount available for law enforcement, up to 
     $400,000, to remain available until expended, may at the 
     discretion of the Secretary be used for payment for 
     information, rewards, or evidence concerning violations of 
     laws administered by the Service, and miscellaneous and 
     emergency expenses of enforcement activity, authorized or 
     approved by the Secretary and to be accounted for solely on 
     the Secretary's certificate:  Provided further, That in 
     fiscal year 2012 and hereafter, of the amount provided for 
     environmental contaminants, up to $1,000,000 may remain 
     available until expended for contaminant sample analyses.

                              construction

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

                            land acquisition

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

            cooperative endangered species conservation fund

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

                     national wildlife refuge fund

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

               north american wetlands conservation fund

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

                neotropical migratory bird conservation

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

                multinational species conservation fund

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

                    state and tribal wildlife grants

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

                       administrative provisions

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

                         National Park Service

                 operation of the national park system

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

                  national recreation and preservation

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

                       historic preservation fund

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

                              construction

                    (including rescission of funds)

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

                    land and water conservation fund

                              (rescission)

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

                 land acquisition and state assistance

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

                       administrative provisions

                     (including transfer of funds)

       In addition to other uses set forth in section 407(d) of 
     Public Law 105-391, franchise fees credited to a sub-account 
     shall be available for expenditure by the Secretary, without 
     further appropriation, for use at any unit within the 
     National Park System to extinguish or reduce liability for 
     Possessory Interest or leasehold surrender interest. Such 
     funds may only be used for this purpose to the extent that 
     the benefitting unit anticipated franchise fee receipts over

[[Page H9060]]

     the term of the contract at that unit exceed the amount of 
     funds used to extinguish or reduce liability. Franchise fees 
     at the benefitting unit shall be credited to the sub-account 
     of the originating unit over a period not to exceed the term 
     of a single contract at the benefitting unit, in the amount 
     of funds so expended to extinguish or reduce liability.
       For the costs of administration of the Land and Water 
     Conservation Fund grants authorized by section 105(a)(2)(B) 
     of the Gulf of Mexico Energy Security Act of 2006 (Public Law 
     109-432), the National Park Service may retain up to 3 
     percent of the amounts which are authorized to be disbursed 
     under such section, such retained amounts to remain available 
     until expended.
       National Park Service funds may be transferred to the 
     Federal Highway Administration (FHWA), Department of 
     Transportation, for purposes authorized under 23 U.S.C. 204. 
     Transfers may include a reasonable amount for FHWA 
     administrative support costs.

                    United States Geological Survey

                 surveys, investigations, and research

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

                       administrative provisions

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

                   Bureau of Ocean Energy Management

                        ocean energy management

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

             Bureau of Safety and Environmental Enforcement

             offshore safety and environmental enforcement

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

                           oil spill research

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

          Office of Surface Mining Reclamation and Enforcement

                       regulation and technology

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

                    abandoned mine reclamation fund

       For necessary expenses to carry out title IV of the Surface 
     Mining Control and Reclamation Act of 1977, Public Law 95-87, 
     as amended, $27,443,000, to be derived from receipts of the 
     Abandoned Mine Reclamation Fund and to remain available until 
     expended:  Provided, That pursuant to Public Law 97-365, the 
     Department of the Interior is authorized to use up to 20 
     percent from the recovery of the delinquent debt

[[Page H9061]]

     owed to the United States Government to pay for contracts to 
     collect these debts:  Provided further, That funds made 
     available under title IV of Public Law 95-87 may be used for 
     any required non-Federal share of the cost of projects funded 
     by the Federal Government for the purpose of environmental 
     restoration related to treatment or abatement of acid mine 
     drainage from abandoned mines:  Provided further, That such 
     projects must be consistent with the purposes and priorities 
     of the Surface Mining Control and Reclamation Act:  Provided 
     further, That amounts provided under this heading may be used 
     for the travel and per diem expenses of State and tribal 
     personnel attending Office of Surface Mining Reclamation and 
     Enforcement sponsored training.

                        administrative provision

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

        Bureau of Indian Affairs and Bureau of Indian Education

                      operation of indian programs

                     (including transfer of funds)

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

                              construction

                     (including transfer of funds)

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

 indian land and water claim settlements and miscellaneous payments to 
                                indians

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

                 indian guaranteed loan program account

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

                       administrative provisions

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

[[Page H9062]]

     reimburse the Bureau for the use of the real and personal 
     property (including buses and vans), the funds of the charter 
     school are kept separate and apart from Bureau funds, and the 
     Bureau does not assume any obligation for charter school 
     programs of the State in which the school is located if the 
     charter school loses such funding. Employees of Bureau-funded 
     schools sharing a campus with a charter school and performing 
     functions related to the charter school's operation and 
     employees of a charter school shall not be treated as Federal 
     employees for purposes of chapter 171 of title 28, United 
     States Code.
       Notwithstanding any other provision of law, including 
     section 113 of title I of appendix C of Public Law 106-113, 
     if in fiscal year 2003 or 2004 a grantee received indirect 
     and administrative costs pursuant to a distribution formula 
     based on section 5(f) of Public Law 101-301, the Secretary 
     shall continue to distribute indirect and administrative cost 
     funds to such grantee using the section 5(f) distribution 
     formula.

                          Departmental Offices

                        Office of the Secretary

                        departmental operations

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

                            Insular Affairs

                       assistance to territories

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

                      compact of free association

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

                       Administrative Provisions

                     (including transfer of funds)

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

                        Office of the Solicitor

                         salaries and expenses

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

                      Office of Inspector General

                         salaries and expenses

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

           Office of the Special Trustee for American Indians

                         federal trust programs

                     (including transfer of funds)

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

                        Department-wide Programs

                        wildland fire management

             (including transfers and rescission of funds)

       For necessary expenses for fire preparedness, suppression 
     operations, fire science and research, emergency 
     rehabilitation, hazardous fuels reduction, and rural fire 
     assistance by the Department of the Interior, $566,495,000, 
     to remain available until expended, of which not to exceed 
     $6,137,000 shall be for the renovation or construction of 
     fire facilities:  Provided, That such funds are also 
     available for repayment of advances to other appropriation 
     accounts from which funds were previously transferred for 
     such purposes:  Provided further, That persons hired pursuant 
     to 43 U.S.C. 1469 may be furnished subsistence and lodging 
     without cost from funds available from this appropriation:  
     Provided further, That notwithstanding 42 U.S.C. 1856d, sums 
     received by a bureau or office of the Department of the 
     Interior for fire protection rendered pursuant to 42 U.S.C. 
     1856 et seq., protection of United States property, may be 
     credited to the appropriation from which funds were expended 
     to provide that protection, and are available without fiscal 
     year limitation:  Provided further, That using the amounts 
     designated under this title of this Act, the Secretary of the 
     Interior may enter into procurement contracts, grants, or 
     cooperative agreements, for hazardous fuels reduction 
     activities, and for training and monitoring associated with 
     such hazardous fuels reduction activities, on

[[Page H9063]]

     Federal land, or on adjacent non-Federal land for activities 
     that benefit resources on Federal land:  Provided further, 
     That the costs of implementing any cooperative agreement 
     between the Federal Government and any non-Federal entity may 
     be shared, as mutually agreed on by the affected parties:  
     Provided further, That notwithstanding requirements of the 
     Competition in Contracting Act, the Secretary, for purposes 
     of hazardous fuels reduction activities, may obtain maximum 
     practicable competition among: (1) local private, nonprofit, 
     or cooperative entities; (2) Youth Conservation Corps crews, 
     Public Lands Corps (Public Law 109-154), or related 
     partnerships with State, local, or nonprofit youth groups; 
     (3) small or micro-businesses; or (4) other entities that 
     will hire or train locally a significant percentage, defined 
     as 50 percent or more, of the project workforce to complete 
     such contracts:  Provided further, That in implementing this 
     section, the Secretary shall develop written guidance to 
     field units to ensure accountability and consistent 
     application of the authorities provided herein:  Provided 
     further, That funds appropriated under this heading may be 
     used to reimburse the United States Fish and Wildlife Service 
     and the National Marine Fisheries Service for the costs of 
     carrying out their responsibilities under the Endangered 
     Species Act of 1973 (16 U.S.C. 1531 et seq.) to consult and 
     conference, as required by section 7 of such Act, in 
     connection with wildland fire management activities:  
     Provided further, That the Secretary of the Interior may use 
     wildland fire appropriations to enter into noncompetitive 
     sole-source leases of real property with local governments, 
     at or below fair market value, to construct capitalized 
     improvements for fire facilities on such leased properties, 
     including but not limited to fire guard stations, retardant 
     stations, and other initial attack and fire support 
     facilities, and to make advance payments for any such lease 
     or for construction activity associated with the lease:  
     Provided further, That the Secretary of the Interior and the 
     Secretary of Agriculture may authorize the transfer of funds 
     appropriated for wildland fire management, in an aggregate 
     amount not to exceed $50,000,000, between the Departments 
     when such transfers would facilitate and expedite wildland 
     fire management programs and projects:  Provided further, 
     That funds provided for wildfire suppression shall be 
     available for support of Federal emergency response actions:  
     Provided further, That funds appropriated under this heading 
     shall be available for assistance to or through the 
     Department of State in connection with forest and rangeland 
     research, technical information, and assistance in foreign 
     countries, and, with the concurrence of the Secretary of 
     State, shall be available to support forestry, wildland fire 
     management, and related natural resource activities outside 
     the United States and its territories and possessions, 
     including technical assistance, education and training, and 
     cooperation with United States and international 
     organizations:  Provided further, That before obligating any 
     of the funds provided herein for wildland fire suppression, 
     the Secretary of the Interior shall obligate all unobligated 
     balances previously made available under this heading that, 
     when appropriated, were designated by Congress as an 
     emergency requirement pursuant to the Concurrent Resolution 
     on the Budget or the Balanced Budget and Emergency Deficit 
     Control Act of 1985 and notify the Committees on 
     Appropriations of the House of Representatives and the Senate 
     in writing of the imminent need to begin obligating funds 
     provided herein for wildland fire suppression:  Provided 
     further, That of the funds made available under this heading 
     for wildland fire suppression in fiscal year 2011, 
     $82,000,000 are rescinded.

                flame wildfire suppression reserve fund

                     (including transfer of funds)

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

                    central hazardous materials fund

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

           natural resource damage assessment and restoration

                natural resource damage assessment fund

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

                          working capital fund

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

                        administrative provision

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

             General Provisions, Department of the Interior

                     (including transfers of funds)

               emergency transfer authority--intra-bureau

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

             emergency transfer authority--department-wide

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

                        authorized use of funds

       Sec. 103.  Appropriations made to the Department of the 
     Interior in this title shall be available for services as 
     authorized by section 3109 of title 5, United States Code, 
     when authorized by the Secretary, in total amount not to 
     exceed $500,000; purchase and replacement of motor vehicles, 
     including specially equipped law enforcement vehicles; hire, 
     maintenance, and operation

[[Page H9064]]

     of aircraft; hire of passenger motor vehicles; purchase of 
     reprints; payment for telephone service in private residences 
     in the field, when authorized under regulations approved by 
     the Secretary; and the payment of dues, when authorized by 
     the Secretary, for library membership in societies or 
     associations which issue publications to members only or at a 
     price to members lower than to subscribers who are not 
     members.

            authorized use of funds, indian trust management

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

           redistribution of funds, bureau of indian affairs

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

                            payment of fees

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

                    everglades ecosystem restoration

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

                 ellis, governors, and liberty islands

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

                outer continental shelf inspection fees

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

                  oil and gas leasing internet program

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

                         indian probate judges

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

     bureau of ocean energy management, regulation and enforcement 
                             reorganization

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

                authorized use of indian education funds

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

  contracts and agreements for wild horse and burro holding facilities

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

              bureau of indian education operated schools

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

                        authorized use of funds

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

                       mass marking of salmonids

       Sec. 117.  The United States Fish and Wildlife Service 
     shall, in carrying out its responsibilities to protect 
     threatened and endangered species of salmon, implement a 
     system of mass marking of

[[Page H9065]]

     salmonid stocks, intended for harvest, that are released from 
     federally operated or federally financed hatcheries including 
     but not limited to fish releases of coho, chinook, and 
     steelhead species. Marked fish must have a visible mark that 
     can be readily identified by commercial and recreational 
     fishers.

                      prohibition on use of funds

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

                    yukon-charley national preserve

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

                           republic of palau

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

                           hiring authorities

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

  bureau of land management actions regarding grazing on public lands

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

                  trailing livestock over public land

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

                           lease authorization

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

[[Page H9066]]

     subject to section 3(k) of Public Law 91-383 (16 U.S.C. 1a-
     2(k)) or section 321 of Act of June 30, 1932 (40 U.S.C. 
     1302).

                     wild lands funding prohibition

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

                                TITLE II

                    ENVIRONMENTAL PROTECTION AGENCY

                         Science and Technology

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

                 Environmental Programs and Management

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

                      Office of Inspector General

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

                        Buildings and Facilities

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

                     Hazardous Substance Superfund

                     (including transfers of funds)

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

          Leaking Underground Storage Tank Trust Fund Program

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

                       Inland Oil Spill Programs

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

                   State and Tribal Assistance Grants

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

[[Page H9067]]

     not less than 20 percent but not more than 30 percent of the 
     funds made available under this title to each State for 
     Drinking Water State Revolving Fund capitalization grants 
     shall be used by the State to provide additional subsidy to 
     eligible recipients in the form of forgiveness of principal, 
     negative interest loans, or grants (or any combination of 
     these), and shall be so used by the State only where such 
     funds are provided as initial financing for an eligible 
     recipient or to buy, refinance, or restructure the debt 
     obligations of eligible recipients only where such debt was 
     incurred on or after the date of enactment of this Act, 
     except that for the Clean Water State Revolving Fund 
     capitalization grant appropriation this section shall only 
     apply to the portion that exceeds $1,000,000,000:  Provided 
     further, That no funds provided by this appropriations Act to 
     address the water, wastewater and other critical 
     infrastructure needs of the colonias in the United States 
     along the United States-Mexico border shall be made available 
     to a county or municipal government unless that government 
     has established an enforceable local ordinance, or other 
     zoning rule, which prevents in that jurisdiction the 
     development or construction of any additional colonia areas, 
     or the development within an existing colonia the 
     construction of any new home, business, or other structure 
     which lacks water, wastewater, or other necessary 
     infrastructure:  Provided further, That for fiscal year 2012 
     and hereafter, the Administrator may transfer funds provided 
     for tribal set-asides through funds appropriated for the 
     Clean Water State Revolving Funds and for the Drinking Water 
     State Revolving Funds between those accounts in such manner 
     as the Administrator deems appropriate, but not to exceed the 
     transfer limits given to States under section 302(a) of 
     Public Law 104-182.

       Administrative Provisions--Environmental Protection Agency

              (including transfer and rescission of funds)

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

                               TITLE III

                            RELATED AGENCIES

                       DEPARTMENT OF AGRICULTURE

                             Forest Service

                     forest and rangeland research

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

                       state and private forestry

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

                         national forest system

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

                  capital improvement and maintenance

                     (including transfer of funds)

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

                            land acquisition

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

         acquisition of lands for national forests special acts

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

            acquisition of lands to complete land exchanges

       For acquisition of lands, such sums, to be derived from 
     funds deposited by State, county, or municipal governments, 
     public school districts, or other public school authorities, 
     and for authorized expenditures from funds deposited by non-
     Federal parties pursuant to Land Sale and Exchange Acts, 
     pursuant to the Act of December

[[Page H9068]]

     4, 1967, as amended (16 U.S.C. 484a), to remain available 
     until expended (16 U.S.C. 460l-516-617a, 555a; Public Law 96-
     586; Public Law 76-589, 76-591; and Public Law 78-310).

                         range betterment fund

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

    gifts, donations and bequests for forest and rangeland research

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

        management of national forest lands for subsistence uses

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

                        wildland fire management

                     (including transfers of funds)

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

                Flame Wildfire Suppression Reserve Fund

                     (including transfers of funds)

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

               administrative provisions--forest service

                     (including transfers of funds)

       Appropriations to the Forest Service for the current fiscal 
     year shall be available for: (1) purchase of passenger motor 
     vehicles; acquisition of passenger motor vehicles from excess 
     sources, and hire of such vehicles; purchase, lease, 
     operation, maintenance, and acquisition of aircraft from 
     excess sources to maintain the operable fleet for use in 
     Forest Service wildland fire programs and other Forest 
     Service programs; notwithstanding other provisions of law, 
     existing aircraft being replaced may be sold, with proceeds 
     derived or trade-in value used to offset the purchase price 
     for the replacement aircraft; (2) services pursuant to 7 
     U.S.C. 2225, and not to exceed $100,000 for employment under 
     5 U.S.C. 3109; (3) purchase, erection, and alteration of 
     buildings and other public improvements (7 U.S.C. 2250); (4) 
     acquisition of land, waters, and interests therein pursuant 
     to 7 U.S.C. 428a; (5) for expenses pursuant to the Volunteers 
     in the National Forest Act of 1972 (16 U.S.C. 558a, 558d, and 
     558a note); (6) the cost of uniforms as authorized by 5 
     U.S.C. 5901-5902; and (7) for debt collection contracts in 
     accordance with 31 U.S.C. 3718(c).
       Any appropriations or funds available to the Forest Service 
     may be transferred to the Wildland Fire Management 
     appropriation for forest firefighting, emergency 
     rehabilitation of burned-over or damaged lands or waters 
     under its jurisdiction, and fire preparedness due to severe 
     burning conditions upon the Secretary's notification of the 
     House and Senate Committees on Appropriations that all fire 
     suppression funds appropriated under the headings ``Wildland 
     Fire Management'' and ``FLAME Wildfire Suppression Reserve 
     Fund'' will be obligated within 30 days:  Provided, That all 
     funds used pursuant to this paragraph must be replenished by 
     a supplemental appropriation which must be requested as 
     promptly as possible.
       Funds appropriated to the Forest Service shall be available 
     for assistance to or through the Agency for International 
     Development in connection with forest and rangeland research, 
     technical information, and assistance in foreign countries, 
     and shall be available to support forestry and related 
     natural resource activities outside the United States and its 
     territories and possessions, including technical assistance, 
     education and training, and cooperation with U.S., private, 
     and international organizations. The Forest Service, acting 
     for the International Program, may sign direct funding 
     agreements with foreign governments and institutions as well 
     as other domestic agencies (including the U.S. Agency for 
     International Development, the Department of State, and the 
     Millennium Challenge Corporation), U.S. private sector firms, 
     institutions and organizations to provide technical 
     assistance and training programs overseas on forestry and 
     rangeland management.
       None of the funds made available to the Forest Service in 
     this Act or any other Act with respect to any fiscal year 
     shall be subject to transfer under the provisions of section 
     702(b) of the Department of Agriculture Organic Act of 1944 
     (7 U.S.C. 2257), section 442 of Public Law 106-224 (7 U.S.C. 
     7772), or section 10417(b) of Public Law 107-107 (7 U.S.C. 
     8316(b)).
       None of the funds available to the Forest Service may be 
     reprogrammed without the advance approval of the House and 
     Senate Committees on Appropriations in accordance with the 
     reprogramming procedures contained in the joint explanatory 
     statement of the managers accompanying this Act.

[[Page H9069]]

       Not more than $82,000,000 of funds available to the Forest 
     Service shall be transferred to the Working Capital Fund of 
     the Department of Agriculture and not more than $14,500,000 
     of funds available to the Forest Service shall be transferred 
     to the Department of Agriculture for Department Reimbursable 
     Programs, commonly referred to as Greenbook charges. Nothing 
     in this paragraph shall prohibit or limit the use of 
     reimbursable agreements requested by the Forest Service in 
     order to obtain services from the Department of Agriculture's 
     National Information Technology Center. Nothing in this 
     paragraph shall limit the Forest Service portion of 
     implementation costs to be paid to the Department of 
     Agriculture for the Financial Management Modernization 
     Initiative.
       Of the funds available to the Forest Service up to 
     $5,000,000 shall be available for priority projects within 
     the scope of the approved budget, which shall be carried out 
     by the Youth Conservation Corps and shall be carried out 
     under the authority of the Public Lands Corps Act of 1993, 
     Public Law 103-82, as amended by Public Lands Corps Healthy 
     Forests Restoration Act of 2005, Public Law 109-154.
       Of the funds available to the Forest Service, $4,000 is 
     available to the Chief of the Forest Service for official 
     reception and representation expenses.
       Pursuant to sections 405(b) and 410(b) of Public Law 101-
     593, of the funds available to the Forest Service, up to 
     $3,000,000 may be advanced in a lump sum to the National 
     Forest Foundation to aid conservation partnership projects in 
     support of the Forest Service mission, without regard to when 
     the Foundation incurs expenses, for projects on or 
     benefitting National Forest System lands or related to Forest 
     Service programs:  Provided, That of the Federal funds made 
     available to the Foundation, no more than $300,000 shall be 
     available for administrative expenses:  Provided further, 
     That the Foundation shall obtain, by the end of the period of 
     Federal financial assistance, private contributions to match 
     on at least one-for-one basis funds made available by the 
     Forest Service:  Provided further, That the Foundation may 
     transfer Federal funds to a Federal or a non-Federal 
     recipient for a project at the same rate that the recipient 
     has obtained the non-Federal matching funds:  Provided 
     further, That authorized investments of Federal funds held by 
     the Foundation may be made only in interest-bearing 
     obligations of the United States or in obligations guaranteed 
     as to both principal and interest by the United States.
       Pursuant to section 2(b)(2) of Public Law 98-244, 
     $3,000,000 of the funds available to the Forest Service may 
     be advanced to the National Fish and Wildlife Foundation in a 
     lump sum to aid cost-share conservation projects, without 
     regard to when expenses are incurred, on or benefitting 
     National Forest System lands or related to Forest Service 
     programs:  Provided, That such funds shall be matched on at 
     least a one-for-one basis by the Foundation or its sub-
     recipients:  Provided further, That the Foundation may 
     transfer Federal funds to a Federal or non-Federal recipient 
     for a project at the same rate that the recipient has 
     obtained the non-Federal matching funds.
       Funds appropriated to the Forest Service shall be available 
     for interactions with and providing technical assistance to 
     rural communities and natural resource-based businesses for 
     sustainable rural development purposes.
       Funds appropriated to the Forest Service shall be available 
     for payments to counties within the Columbia River Gorge 
     National Scenic Area, pursuant to section 14(c)(1) and (2), 
     and section 16(a)(2) of Public Law 99-663.
       Any funds appropriated to the Forest Service may be used to 
     meet the non-Federal share requirement in section 502(c) of 
     the Older American Act of 1965 (42 U.S.C. 3056(c)(2)).
       Funds available to the Forest Service, not to exceed 
     $55,000,000, shall be assessed for the purpose of performing 
     fire, administrative and other facilities maintenance and 
     decommissioning. Such assessments shall occur using a square 
     foot rate charged on the same basis the agency uses to assess 
     programs for payment of rent, utilities, and other support 
     services.
       Notwithstanding any other provision of law, any 
     appropriations or funds available to the Forest Service not 
     to exceed $500,000 may be used to reimburse the Office of the 
     General Counsel (OGC), Department of Agriculture, for travel 
     and related expenses incurred as a result of OGC assistance 
     or participation requested by the Forest Service at meetings, 
     training sessions, management reviews, land purchase 
     negotiations and similar nonlitigation-related matters. 
     Future budget justifications for both the Forest Service and 
     the Department of Agriculture should clearly display the sums 
     previously transferred and the requested funding transfers.
       An eligible individual who is employed in any project 
     funded under title V of the Older American Act of 1965 (42 
     U.S.C. 3056 et seq.) and administered by the Forest Service 
     shall be considered to be a Federal employee for purposes of 
     chapter 171 of title 28, United States Code.

                DEPARTMENT OF HEALTH AND HUMAN SERVICES

                         Indian Health Service

                         indian health services

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

                        indian health facilities

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

[[Page H9070]]

     Demolition Fund, to remain available until expended, and be 
     used by the Indian Health Service for the demolition of 
     Federal buildings.

            administrative provisions--indian health service

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

                     National Institutes of Health

          national institute of environmental health sciences

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

            Agency for Toxic Substances and Disease Registry

            toxic substances and environmental public health

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

                         OTHER RELATED AGENCIES

                   Executive Office of the President

  council on environmental quality and office of environmental quality

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

             Chemical Safety and Hazard Investigation Board

                         salaries and expenses

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

              Office of Navajo and Hopi Indian Relocation

                         salaries and expenses

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

    Institute of American Indian and Alaska Native Culture and Arts 
                              Development

                        payment to the institute

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

                        Smithsonian Institution

                         salaries and expenses

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

[[Page H9071]]

     payments to independent contractors performing research 
     services or participating in official Smithsonian 
     presentations.

                           facilities capital

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

                        National Gallery of Art

                         salaries and expenses

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

            repair, restoration, and renovation of buildings

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

             John F. Kennedy Center for the Performing Arts

                       operations and maintenance

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

                     capital repair and restoration

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

            Woodrow Wilson International Center for Scholars

                         salaries and expenses

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

           National Foundation on the Arts and the Humanities

                    National Endowment for the Arts

                       grants and administration

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

                 National Endowment for the Humanities

                       grants and administration

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

                       Administrative Provisions

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

                        Commission of Fine Arts

                         salaries and expenses

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

               National Capital Arts and Cultural Affairs

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

                        administrative provision

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

               Advisory Council on Historic Preservation

                         salaries and expenses

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

                  National Capital Planning Commission

                         salaries and expenses

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

                United States Holocaust Memorial Museum

                       holocaust memorial museum

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

                             Presidio Trust

                          presidio trust fund

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

                Dwight D. Eisenhower Memorial Commission

                         salaries and expenses

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

                          capital construction

       For necessary expenses of the Dwight D. Eisenhower Memorial 
     Commission for design and construction of a memorial in honor 
     of Dwight D. Eisenhower, as authorized by Public Law 106-79, 
     $30,990,000, to remain available until expended:  Provided, 
     That beginning in fiscal year 2012 and thereafter, any 
     procurement for the construction of the permanent memorial to 
     Dwight D. Eisenhower, as authorized by section 8162 of the 
     Department of Defense Appropriations Act, 2000 (16 U.S.C. 431 
     note; Public Law 106-79), as amended by section 8120 of the 
     Department of Defense Appropriations Act, 2002 (Public Law 
     107-117), may be issued which includes the full scope of the 
     project:  Provided further, That the solicitation and 
     contract with respect to the procurement shall contain the

[[Page H9072]]

     ``availability of funds'' clause described in section 
     52.232.18 of title 48, Code of Federal Regulations:  Provided 
     further, That the funds appropriated herein shall be deemed 
     to satisfy the criteria for issuing a permit contained in 40 
     U.S.C. 8906(a)(4) and (b).

                                TITLE IV

                           GENERAL PROVISIONS

                     (including transfers of funds)

                   limitation on consulting services

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

                      restriction on use of funds

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

                      obligation of appropriations

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

           prohibition on use of funds for personal services

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

                 disclosure of administrative expenses

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

                             giant sequoia

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

                          mining applications

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

                         contract support costs

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

                        forest management plans

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

                 prohibition within national monuments

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


     amendments to the temporary emergency wildfire suppression act

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

     ``SECTION 1. SHORT TITLE.

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

     ``SEC. 2. DEFINITIONS.

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

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

       ``(a) Protection From Liability for Foreign Firefighters 
     and Foreign Fire Organizations.--Subject to subsection (b), 
     in an agreement with a foreign fire organization entered into 
     under section 3, the Secretary of Agriculture and the 
     Secretary of the Interior may provide that--

[[Page H9073]]

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

                        contracting authorities

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

                         limitation on takings

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

                        timber sale requirements

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

                      extension of grazing permits

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

                    prohibition on no-bid contracts

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

                           posting of reports

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

            national endowment for the arts grant guidelines

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

           national endowment for the arts program priorities

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

[[Page H9074]]

       (3) the Chairperson shall report to the Congress annually 
     and by State, on grants awarded by the Chairperson in each 
     grant category under section 5 of such Act; and
       (4) the Chairperson shall encourage the use of grants to 
     improve and support community-based music performance and 
     education.

                     use of competitive grant funds

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

          forest service facility realignment and enhancement

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

                             service first

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

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

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

                  status of balances of appropriations

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

                 report on use of climate change funds

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

                      prohibition on use of funds

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

                 greenhouse gas reporting restrictions

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

            forest service pre-decisional objection process

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

                        silvicultural activities

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

                    claim maintenance fee amendments

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

                       domestic livestock grazing

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

[[Page H9075]]

         air emissions from outer continental shelf activities

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

                           funding prohibition

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

             limitation with respect to delinquent tax debts

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


                 alaska native regional health entities

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

                           general reduction

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

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

                                TITLE I

                          DEPARTMENT OF LABOR

                 Employment and Training Administration

                    training and employment services

                     (including transfer of funds)

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

       Provided, That notwithstanding the transfer limitation 
     under section 133(b)(4) of the WIA, up to 30 percent of such 
     funds may be transferred by a local board if approved by the 
     Governor:  Provided further, That a local board may award a 
     contract to an institution of higher education or other 
     eligible training provider if the local board determines that 
     it would facilitate the training of multiple individuals in 
     high-demand occupations, if such contract does not limit 
     customer choice:  Provided further, That notwithstanding 
     section 128(a)(1) of the WIA, the amount available to the 
     Governor for statewide workforce investment activities shall 
     not exceed 5 percent of the amount allotted to the State from 
     each of the appropriations under the preceding subparagraphs;
       (2) for federally administered programs, $487,053,000 as 
     follows:
       (A) $224,112,000 for the dislocated workers assistance 
     national reserve, of which $24,112,000 shall be available for 
     the period July 1, 2012 through June 30, 2013, and of which 
     $200,000,000 shall be available for the period October 1, 
     2012 through June 30, 2013:  Provided, That funds provided to 
     carry out section 132(a)(2)(A) of the WIA may be used to 
     provide assistance to a State for statewide or local use in 
     order to address cases where there have been worker 
     dislocations across multiple sectors or across multiple local 
     areas and such workers remain dislocated; coordinate the 
     State workforce development plan with emerging economic 
     development needs; and train such eligible dislocated 
     workers:  Provided further, That funds provided to carry out 
     section 171(d) of the WIA may be used for demonstration 
     projects that provide assistance to new entrants in the 
     workforce and incumbent workers:  Provided further, That none 
     of the funds shall be obligated to carry out section 173(e) 
     of the WIA;
       (B) $47,652,000 for Native American programs, which shall 
     be available for the period July 1, 2012 through June 30, 
     2013;
       (C) $84,451,000 for migrant and seasonal farmworker 
     programs under section 167 of the WIA, including $78,253,000 
     for formula grants (of which not less than 70 percent shall 
     be for employment and training services), $5,689,000 for 
     migrant and seasonal housing (of which not less than 70 
     percent shall be for permanent housing), and $509,000 for 
     other discretionary purposes, which shall be available for 
     the period July 1, 2012 through June 30, 2013:  Provided, 
     That notwithstanding any other provision of law or related 
     regulation, the Department of Labor shall take no action 
     limiting the number or proportion of eligible participants 
     receiving related assistance services or discouraging 
     grantees from providing such services;

[[Page H9076]]

       (D) $998,000 for carrying out the WANTO, which shall be 
     available for the period July 1, 2012 through June 30, 2013; 
     and
       (E) $79,840,000 for YouthBuild activities as described in 
     section 173A of the WIA, which shall be available for the 
     period April 1, 2012 through June 30, 2013; and
       (F) $50,000,000 to be available to the Secretary of Labor 
     (referred to in this title as ``Secretary'') for the 
     Workforce Innovation Fund to carry out projects that 
     demonstrate innovative strategies or replicate effective 
     evidence-based strategies that align and strengthen the 
     workforce investment system in order to improve program 
     delivery and education and employment outcomes for 
     beneficiaries, which shall be for the period July 1, 2012 
     through September 30, 2013:  Provided, That amounts shall be 
     available for awards to States or State agencies that are 
     eligible for assistance under any program authorized under 
     the WIA, consortia of States, or partnerships, including 
     regional partnerships:  Provided further, That not more than 
     5 percent of the funds available for workforce innovation 
     activities shall be for technical assistance and evaluations 
     related to the projects carried out with these funds;
       (3) for national activities, $103,062,000, as follows:
       (A) $6,616,000, in addition to any amounts available under 
     paragraph (2), for Pilots, Demonstrations, and Research, 
     which shall be available for the period April 1, 2012 through 
     June 30, 2013:  Provided, That funds made available by Public 
     Law 112-10 that were designated for grants to address the 
     employment and training needs of young parents may be used 
     for other pilots, demonstrations, and research activities and 
     for implementation activities related to the VOW to Hire 
     Heroes Act of 2011 and may be transferred to ``State 
     Unemployment Insurance and Employment Service Operations'' to 
     carry out such implementation activities;
       (B) $80,390,000 for ex-offender activities, under the 
     authority of section 171 of the WIA and section 212 of the 
     Second Chance Act of 2007, which shall be available for the 
     period April 1, 2012 through June 30, 2013, notwithstanding 
     the requirements of section 171(b)(2)(B) or 171(c)(4)(D) of 
     the WIA:  Provided, That of this amount, $20,000,000 shall be 
     for competitive grants to national and regional 
     intermediaries for activities that prepare young ex-offenders 
     and school dropouts for employment, with a priority for 
     projects serving high-crime, high-poverty areas;
       (C) $9,581,000 for Evaluation, which shall be available for 
     the period July 1, 2012 through June 30, 2013; and
       (D) $6,475,000 for the Workforce Data Quality Initiative, 
     under the authority of section 171(c)(2) of the WIA, which 
     shall be available for the period July 1, 2012 through June 
     30, 2013, and which shall not be subject to the requirements 
     of section 171(c)(4)(D).

                          office of job corps

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

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

            community service employment for older americans

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

              federal unemployment benefits and allowances

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

     state unemployment insurance and employment service operations

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

       Provided, That to the extent that the Average Weekly 
     Insured Unemployment (``AWIU'') for fiscal year 2012 is 
     projected by the Department of Labor to exceed 4,832,000, an 
     additional $28,600,000 from the Trust Fund shall be available 
     for obligation for every 100,000 increase in the AWIU level 
     (including a pro rata amount for any increment less than 
     100,000) to carry out title III of the Social Security Act:  
     Provided further, That funds appropriated in this Act that 
     are allotted to a State to carry out activities under title 
     III of the Social Security Act may be used by such State to 
     assist other States in carrying out activities under such 
     title III if the other States include areas that have 
     suffered a major disaster declared by the President under the 
     Robert T. Stafford Disaster Relief and Emergency Assistance 
     Act:  Provided further, That the Secretary may use funds 
     appropriated for grants to States under title III of the 
     Social Security Act to make payments on behalf of States for 
     the use of the National Directory of New Hires under section 
     453(j)(8) of such Act:  Provided further, That funds 
     appropriated in this Act which are used to establish a 
     national one-stop career center system, or which are used to 
     support the national activities of the Federal-State 
     unemployment insurance or immigration programs, may be 
     obligated in contracts, grants, or agreements with non-State 
     entities:  Provided further, That funds appropriated under 
     this Act for activities authorized under title III of the 
     Social Security Act and the Wagner-Peyser Act may be used by 
     States to fund integrated Unemployment Insurance and 
     Employment Service automation efforts, notwithstanding cost 
     allocation principles prescribed under the Office of 
     Management and Budget Circular A-87:  Provided further, That 
     the Secretary, at the request of a State participating in a 
     consortium with other States, may reallot funds allotted to 
     such State under title III of the Social Security Act to 
     other States participating in the consortium in order to 
     carry out activities that benefit the administration of the 
     unemployment compensation law of the State making the 
     request.
        In addition, $50,000,000 from the Employment Security 
     Administration Account of the Unemployment Trust Fund shall 
     be available to conduct in-person reemployment and 
     eligibility assessments and unemployment insurance improper 
     payment reviews.

        advances to the unemployment trust fund and other funds

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

[[Page H9077]]

                         program administration

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

               Employee Benefits Security Administration

                         salaries and expenses

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

                  Pension Benefit Guaranty Corporation

               pension benefit guaranty corporation fund

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

                         Wage and Hour Division

                         salaries and expenses

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

                  Office of Labor Management Standards

                         salaries and expenses

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

             Office of Federal Contract Compliance Programs

                         salaries and expenses

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

                Office of Workers' Compensation Programs

                         salaries and expenses

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

                            special benefits

                     (including transfer of funds)

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

               special benefits for disabled coal miners

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

    administrative expenses, energy employees occupational illness 
                           compensation fund

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

                    black lung disability trust fund

                     (including transfer of funds)

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

             Occupational Safety and Health Administration

                         salaries and expenses

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

[[Page H9078]]

     employees, and to take any action pursuant to such 
     investigation authorized by the Act; and
       (6) to take any action authorized by the Act with respect 
     to complaints of discrimination against employees for 
     exercising rights under the Act:

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

                 Mine Safety and Health Administration

                         salaries and expenses

                     (including transfer of funds)

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

                       Bureau of Labor Statistics

                         salaries and expenses

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

                 Office of Disability Employment Policy

                         salaries and expenses

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

                        Departmental Management

                         salaries and expenses

                     (including transfer of funds)

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

                    veterans employment and training

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

                            it modernization

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

                      office of inspector general

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

                           General Provisions

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

                          (transfer of funds)

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

                     (including transfer of funds)

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

                     (including transfer of funds)

       Sec. 108. (a) The Secretary may reserve not more than 0.5 
     percent from each appropriation made available in this Act 
     identified in subsection (b) in order to carry out 
     evaluations of

[[Page H9079]]

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

                                TITLE II

                DEPARTMENT OF HEALTH AND HUMAN SERVICES

              Health Resources and Services Administration

                          primary health care

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

                            health workforce

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

                       maternal and child health

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

                      ryan white hiv/aids program

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

                          health care systems

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

                              rural health

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

                            family planning

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

                           program management

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

           health education assistance loans program account

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

             vaccine injury compensation program trust fund

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

               Centers for Disease Control and Prevention

                 immunization and respiratory diseases

       For carrying out titles II, III, VII, XVII, and XXI, and 
     section 2821 of the PHS Act, titles II and IV of the 
     Immigration and Nationality Act, and section 501 of the 
     Refugee Education Assistance Act, with respect to 
     immunization and respiratory diseases, $579,375,000:  
     Provided, That

[[Page H9080]]

     in addition to amounts provided herein, $12,864,000 shall be 
     available from amounts available under section 241 of the PHS 
     Act to carry out the National Immunization Surveys.

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

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

               emerging and zoonotic infectious diseases

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

            chronic disease prevention and health promotion

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

   birth defects, developmental disabilities, disabilities and health

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

                   public health scientific services

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

                          environmental health

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

                     injury prevention and control

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

         national institute for occupational safety and health

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

          employees occupational illness compensation program

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

                             global health

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

                public health preparedness and response

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

                cdc-wide activities and program support

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

                     National Institutes of Health

                       national cancer institute

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

               national heart, lung, and blood institute

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

         national institute of dental and craniofacial research

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

    national institute of diabetes and digestive and kidney diseases

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

        national institute of neurological disorders and stroke

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

         national institute of allergy and infectious diseases

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

             national institute of general medical sciences

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

  eunice kennedy shriver national institute of child health and human 
                              development

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

                         national eye institute

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

          national institute of environmental health sciences

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

                      national institute on aging

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

 national institute of arthritis and musculoskeletal and skin diseases

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

    national institute on deafness and other communication disorders

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

                 national institute of nursing research

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

           national institute on alcohol abuse and alcoholism

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

                    national institute on drug abuse

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

[[Page H9081]]

                  national institute of mental health

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

                national human genome research institute

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

      national institute of biomedical imaging and bioengineering

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

       national center for complementary and alternative medicine

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

      national institute on minority health and health disparities

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

                  john e. fogarty international center

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

                      national library of medicine

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

          national center for advancing translational sciences

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

                         office of the director

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

                        buildings and facilities

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

       Substance Abuse and Mental Health Services Administration

                             mental health

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

                        substance abuse treatment

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

                       substance abuse prevention

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

                health surveillance and program support

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

               Agency for Healthcare Research and Quality

                    healthcare research and quality

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

               Centers for Medicare and Medicaid Services

                     grants to states for medicaid

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

                  payments to health care trust funds

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

                           program management

       For carrying out, except as otherwise provided, titles XI, 
     XVIII, XIX, and XXI of the Social Security Act, titles XIII 
     and XXVII of the PHS Act, the Clinical Laboratory Improvement 
     Amendments of 1988, and other responsibilities of the Centers 
     for Medicare and Medicaid Services, not to exceed 
     $3,879,476,000, to be transferred from the Federal Hospital 
     Insurance Trust Fund and the Federal Supplementary Medical 
     Insurance Trust Fund, as authorized by section 201(g) of the 
     Social Security Act; together with all funds collected in 
     accordance with section 353 of the PHS Act and section 
     1857(e)(2) of the Social Security Act, funds retained by the 
     Secretary pursuant to section 302 of the Tax Relief and 
     Health Care Act of 2006; and such sums as may be collected 
     from authorized user fees and the sale of data, which shall 
     be credited to this account and remain available until 
     September 30, 2017:  Provided, That all

[[Page H9082]]

     funds derived in accordance with 31 U.S.C. 9701 from 
     organizations established under title XIII of the PHS Act 
     shall be credited to and available for carrying out the 
     purposes of this appropriation:  Provided further, That 
     $34,000,000, to remain available through September 30, 2013, 
     shall be for contract costs for the Healthcare Integrated 
     General Ledger Accounting System:  Provided further, That the 
     Secretary is directed to collect fees in fiscal year 2012 
     from Medicare Advantage organizations pursuant to section 
     1857(e)(2) of the Social Security Act and from eligible 
     organizations with risk-sharing contracts under section 1876 
     of that Act pursuant to section 1876(k)(4)(D) of that Act:  
     Provided further, That $44,000,000 shall be available for the 
     State high-risk health insurance pool program as authorized 
     by the State High Risk Pool Funding Extension Act of 2006.

              health care fraud and abuse control account

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

                Administration for Children and Families

  payments to states for child support enforcement and family support 
                                programs

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

                   low income home energy assistance

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

                     refugee and entrant assistance

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

   payments to states for the child care and development block grant

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

                      social services block grant

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

                children and families services programs

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

[[Page H9083]]

     human services case management system for federally declared 
     disasters, to include a comprehensive national case 
     management contract and Federal costs of administering the 
     system:  Provided further, That up to $2,000,000 shall be for 
     improving the Public Assistance Reporting Information System, 
     including grants to States to support data collection for a 
     study of the system's effectiveness.

                   promoting safe and stable families

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

                payments for foster care and permanency

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

                        Administration on Aging

                        aging services programs

                     (including transfer of funds)

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

                        Office of the Secretary

                    general departmental management

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

                office of medicare hearings and appeals

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

  office of the national coordinator for health information technology

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

                      office of inspector general

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

                        office for civil rights

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

     retirement pay and medical benefits for commissioned officers

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

            public health and social services emergency fund

                     (including transfer of funds)

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

                           General Provisions

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

                          (transfer of funds)

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

                          (transfer of funds)

       Sec. 207.  The Director of the NIH, jointly with the 
     Director of the Office of AIDS Research, may transfer up to 3 
     percent among institutes

[[Page H9084]]

     and centers from the total amounts identified by these two 
     Directors as funding for research pertaining to the human 
     immunodeficiency virus:  Provided, That the Committees on 
     Appropriations of the House of Representatives and the Senate 
     are notified at least 15 days in advance of any transfer.

                          (transfer of funds)

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

                          (transfer of funds)

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

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

       ``(a) Purpose.--The purpose of the National Center for 
     Advancing Translational Sciences (in this subpart referred to 
     as the `Center') is to advance translational sciences, 
     including by--
       ``(1) coordinating and developing resources that leverage 
     basic research in support of translational science; and
       ``(2) developing partnerships and working cooperatively to 
     foster synergy in ways that do not create duplication, 
     redundancy, and competition with industry activities.
       ``(b) Clinical Trial Activities.--
       ``(1) In general.--The Center may develop and provide 
     infrastructure and resources for all phases of clinical 
     trials research. Except as provided in paragraph (2), the 
     Center may support clinical trials only through the end of 
     phase IIA.

[[Page H9085]]

       ``(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 
     G