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

Text of this article available as:

Formatting necessary for an accurate reading of this text may be shown by tags (e.g., <DELETED> or <BOLD>) or may be missing from this TXT display. For complete and accurate display of this text, see the PDF.

        


[Pages H9433-H9797]
[[Page H9433]]

-----------------------------------------------------------------------

                        House of Representatives

CONFERENCE REPORT ON H.R. 2055, CONSOLIDATED APPROPRIATIONS ACT, 2012--
                              (continued)

DIVISION B--ENERGY AND WATER DEVELOPMENT APPROPRIATIONS ACT, 2012 JOINT 
          EXPLANATORY STATEMENT OF THE COMMITTEE OF CONFERENCE

       The language and allocations set forth in House Report 112-
     118 and Senate Report 112-75 should be complied with unless 
     specifically addressed to the contrary in the conference 
     report and statement of managers. Report language included by 
     the House which is not contradicted by the report of the 
     Senate or the conference, and Senate report language which is 
     not contradicted by the report of the House or the conference 
     is approved by the committee of conference. The statement of 
     managers, while repeating some report language for emphasis, 
     does not intend to negate the language referred to above 
     unless expressly provided herein. In cases where both the 
     House report and Senate report address a particular issue not 
     specifically addressed in the conference report or joint 
     statement of managers, the conferees have determined that the 
     House report and Senate report are not inconsistent and are 
     to be interpreted accordingly. In cases in which the House or 
     Senate have directed the submission of a report, such report 
     is to be submitted to both the House and Senate Committees on 
     Appropriations.
       Funds for the individual programs and activities within the 
     accounts in this Act are displayed in the detailed table at 
     the end of the explanatory statement for this Act. Funding 
     levels that are not displayed in the detailed table are 
     identified in this explanatory statement.

                                TITLE I

                       CORPS OF ENGINEERS--CIVIL

                         DEPARTMENT OF THE ARMY

                       Corps of Engineers--Civil

       The summary tables included in this title set forth the 
     dispositions with respect to the individual appropriations, 
     projects, and activities of the Corps of Engineers. The 
     conference agreement includes no new starts as proposed by 
     the House and Senate. Additional items of the Act are 
     discussed below.


                             INVESTIGATIONS

       The conference agreement provides $125,000,000 for 
     Investigations as proposed by the Senate, instead of 
     $104,000,000 as proposed by the House. The Act does not 
     include language regarding expenditure of funds as proposed 
     by the House.
       The allocation for projects and activities within the 
     Investigations account is shown in the following table:

[[Page H9434]]

     [GRAPHIC] [TIFF OMITTED] TH15DE11.226
     


[[Page H9435]]

     [GRAPHIC] [TIFF OMITTED] TH15DE11.227
     


[[Page H9436]]

     [GRAPHIC] [TIFF OMITTED] TH15DE11.228
     


[[Page H9437]]

     [GRAPHIC] [TIFF OMITTED] TH15DE11.229
     


[[Page H9438]]

       Additional Funding for Ongoing Work.--The fiscal year 2012 
     budget request does not reflect the extent of need for 
     project studies funding. The Corps has numerous continuing 
     studies that will be suspended under the limits of the budget 
     request. These studies could lead to projects with 
     significant economic benefits, particularly by increasing 
     national competitiveness through marine transportation 
     improvements and by avoiding damages caused by flooding and 
     coastal storms. The conference agreement includes additional 
     funds to continue ongoing studies. While this additional 
     funding is shown in the feasibility column, the Corps should 
     utilize these funds in any applicable phase of work. The 
     intent of these funds is for ongoing work that either was not 
     included in the Administration's request or was inadequately 
     budgeted. In no case shall funds be used to initiate new 
     studies within this account.
       A study shall be eligible for this funding if it has 
     received funding, other than through a reprogramming, in at 
     least one of the previous three fiscal years. Funding 
     associated with each category may be allocated to any 
     eligible study within that category; funding associated with 
     each subcategory may be allocated only to eligible studies 
     within that subcategory. The list of subcategories is not 
     meant to be exhaustive. The conferees direct that priority in 
     allocating these funds be given to completing or accelerating 
     ongoing studies which will enhance the nation's economic 
     development, job growth and international competitiveness, or 
     are for projects located in areas that have suffered recent 
     natural disasters.
       Within 45 days of enactment of this Act, the Corps shall 
     provide to the House and Senate Committees on Appropriations 
     a work plan delineating how these funds are to be distributed 
     and in which phase the work is to be accomplished. A document 
     providing the Administration's criteria for justifying the 
     funding decisions made shall accompany this work plan. No 
     funds shall be obligated for any project under this program 
     which has not been justified in such a report.
       Water Resources Principles and Guidelines.--No funds are 
     provided for the line item proposed for Water Resources 
     Principles and Guidelines, as this is considered a new start. 
     No funds provided to the Corps shall be used to develop or 
     implement rules or guidance if an update or replacement to 
     the document dated March 10, 1983, and entitled ``Economic 
     and Environmental Principles and Guidelines for Water and 
     Related Land Resources Implementation Studies'' is finalized 
     during the fiscal year period covered by the Energy and Water 
     Development Act for 2012. The Corps shall continue to use the 
     Water Resources Principles and Guidelines in effect as of the 
     date of enactment of this Act during that same period.


                              CONSTRUCTION

       The conference agreement provides $1,694,000,000 for 
     Construction, instead of $1,565,191,000 as proposed by the 
     House and $1,610,000,000 as proposed by the Senate. The Act 
     does not include a rescission of $50,000,000 as proposed by 
     the House. The Act does not include language regarding 
     expenditure of funds as proposed by the House.
       The allocation for projects and activities within the 
     Construction account is shown in the following table:

[[Page H9439]]

     [GRAPHIC] [TIFF OMITTED] TH15DE11.230
     


[[Page H9440]]

     [GRAPHIC] [TIFF OMITTED] TH15DE11.231
     


[[Page H9441]]

     [GRAPHIC] [TIFF OMITTED] TH15DE11.232
     


[[Page H9442]]

     [GRAPHIC] [TIFF OMITTED] TH15DE11.233
     


[[Page H9443]]

       Napa River, Salt Marsh Restoration, California.--The 
     conferees support language in the Senate report regarding 
     this project.
       Savannah Harbor Expansion, Georgia.--The budget request for 
     this item that was proposed in the Investigations account has 
     been moved to this account where it has been funded for the 
     past 3 fiscal years.
       Chicago Sanitary and Ship Canal Dispersal Barrier, 
     Illinois.--The budget request includes funding for this 
     project in both the Construction and Operation and 
     Maintenance accounts. Since the submission, however, the 
     Corps informed the Committees that the entire amount is 
     required in the Construction account and no funding is needed 
     in the Operation and Maintenance account. The conference 
     agreement accommodates this shift in funding.
       Norfolk Harbor, Craney Island, Virginia.--The conferees 
     support language in the Senate report regarding this project.
       Additional Funding for Ongoing Work.--The Corps has 
     ongoing, authorized Construction projects that would cost 
     tens of billions of dollars to complete, yet the 
     Administration continues to request a mere fraction of the 
     funding necessary to complete those projects. The conference 
     agreement includes additional funds to continue ongoing 
     projects and activities to enhance the nation's economic 
     growth and international competitiveness. The intent of these 
     funds is for ongoing work that either was not included in the 
     Administration's request or was inadequately budgeted. None 
     of these funds may be used to start new projects. None of 
     these funds shall be used for projects in the Continuing 
     Authorities Program. Funding associated with each category 
     may be allocated to any eligible project within that 
     category; funding associated with each subcategory may be 
     allocated only to eligible projects within that subcategory. 
     The list of subcategories is not meant to be exhaustive.
       The Corps shall evaluate all ongoing projects that have 
     received funding, other than through a reprogramming, in at 
     least one of the previous three fiscal years. Priority in 
     allocating these funds should consider the following: number 
     of jobs created directly by the funded activity; the benefits 
     of the funded work to the national economy; ability to 
     obligate the funds allocated within the fiscal year, 
     including consideration of the ability of the non-federal 
     sponsor to provide any required cost-share; ability to 
     complete the project, separable element, or project phase 
     within the funds allocated; for flood and storm damage 
     reduction, population at risk and economic activity or public 
     infrastructure at risk; and for navigation, number of jobs or 
     level of economic activity to be supported by completion of 
     the project, separable element, or project phase.
       Within 45 days of enactment of this Act, the Corps shall 
     provide to the House and Senate Committees on Appropriations 
     a work plan delineating how these funds are to be 
     distributed. A document detailing the Administration's 
     specific criteria and project evaluations used to justify the 
     funding decisions shall accompany this work plan. No funds 
     shall be obligated for any project under this program which 
     has not been justified in such a report.
       Continuing Authorities Program.--The conferees believe the 
     various sections of the Continuing Authorities Program 
     provide a useful tool for the Corps to undertake small 
     localized projects without the lengthy study and 
     authorization process typical of most larger Corps projects. 
     The conference agreement rejects the Administration's 
     proposal to reprogram prior-year appropriations to fund only 
     sections 111, 204, 206, and 1135 in fiscal year 2012. Instead 
     a total of $49,430,000 is provided for eight CAP sections. 
     The management of the program should continue consistent with 
     the guidelines outlined in the Senate report.
       Inland Waterways Users Board.--The conferees note that the 
     terms of all members of the Inland Waterways Users Board 
     (IWUB) have expired and no appointments to reconstitute the 
     Board have been forthcoming from the Secretary of the Army. 
     The IWUB was created by Congress in the 1986 Water Resources 
     Development Act for the express purpose of providing expert 
     advice to the U.S. Army Corps of Engineers and to the 
     Congress on the implementation of the inland waterways 
     navigation infrastructure modernization programs. This aging 
     system is vital to the movement of commerce. The conferees 
     direct the Secretary of the Army to act on the appointments 
     to the IWUB as expeditiously as possible.


                   MISSISSIPPI RIVER AND TRIBUTARIES

       The conference agreement provides $252,000,000 for 
     Mississippi River and Tributaries, instead of $210,000,000 as 
     proposed by the House and $250,000,000 as proposed by the 
     Senate. The Act does not include language regarding 
     expenditure of funds as proposed by the House.
       The allocation for projects and activities within the 
     Mississippi River and Tributaries account is shown in the 
     following table:

[[Page H9444]]

     [GRAPHIC] [TIFF OMITTED] TH15DE11.234
     


[[Page H9445]]

     [GRAPHIC] [TIFF OMITTED] TH15DE11.235
     


[[Page H9446]]

       Additional Funding for Ongoing Work.--After a flood such as 
     was experienced this year on the Mississippi River, the value 
     of prior investments in the Mississippi River and Tributaries 
     Project cannot be disputed. Yet considerable work remains to 
     complete this vital project in the heart of our nation. The 
     budget request reflects neither the need nor the importance 
     of this project. Therefore, the conferees provide additional 
     funds to continue ongoing studies, projects or maintenance. 
     The conferees direct that these funds be used for flood 
     control, navigation, water supply, ground water protection, 
     waterfowl management, bank stabilization and environmental 
     restoration work. The intent of these funds is for ongoing 
     work primarily along the Mississippi River tributaries that 
     either was not included in the Administration's request or 
     was inadequately budgeted. While this additional funding is 
     shown under remaining items, the Corps should utilize these 
     funds in any applicable phase of work. None of these funds 
     may be used to start new projects or activities.
       The conferees direct that priority in allocating these 
     funds be given to completing or accelerating ongoing work 
     which will enhance the region and Nation's economic 
     development, job growth and international competitiveness, or 
     is located in areas that have suffered recent natural 
     disasters. Within 45 days of enactment of this Act, the Corps 
     shall provide to the House and Senate Committees on 
     Appropriations a work plan delineating how these funds are to 
     be distributed. A document providing the Administration's 
     criteria for justifying the funding decisions made shall 
     accompany this work plan. No funds shall be obligated for any 
     project under this program which has not been justified in 
     such a report.


                       OPERATION AND MAINTENANCE

       The conference agreement provides $2,412,000,000 for 
     Operation and Maintenance, instead of $2,368,925,000 as 
     proposed by the House and $2,360,000,000 as proposed by the 
     Senate. The Act includes legislative language proposed by the 
     House directing the Corps to allocate no more than 99 percent 
     of the funds provided in this Act for Operation and 
     Maintenance prior to the fourth quarter. This measure is 
     intended to allow Headquarters flexibility to respond to 
     national emergencies. The Act does not include language 
     regarding expenditure of funds as proposed by the House.
       The allocation for projects and activities within the 
     Operation and Maintenance account is shown in the following 
     table: 

[[Page H9447]]

     [GRAPHIC] [TIFF OMITTED] TH15DE11.236
     


[[Page H9448]]

     [GRAPHIC] [TIFF OMITTED] TH15DE11.237
     


[[Page H9449]]

     [GRAPHIC] [TIFF OMITTED] TH15DE11.238
     


[[Page H9450]]

     [GRAPHIC] [TIFF OMITTED] TH15DE11.239
     


[[Page H9451]]

     [GRAPHIC] [TIFF OMITTED] TH15DE11.240
     


[[Page H9452]]

     [GRAPHIC] [TIFF OMITTED] TH15DE11.241
     


[[Page H9453]]

     [GRAPHIC] [TIFF OMITTED] TH15DE11.242
     


[[Page H9454]]

     [GRAPHIC] [TIFF OMITTED] TH15DE11.243
     


[[Page H9455]]

     [GRAPHIC] [TIFF OMITTED] TH15DE11.244
     


[[Page H9456]]

     [GRAPHIC] [TIFF OMITTED] TH15DE11.245
     


[[Page H9457]]

     [GRAPHIC] [TIFF OMITTED] TH15DE11.246
     


[[Page H9458]]

     [GRAPHIC] [TIFF OMITTED] TH15DE11.247
     


[[Page H9459]]

     [GRAPHIC] [TIFF OMITTED] TH15DE11.248
     


[[Page H9460]]

     [GRAPHIC] [TIFF OMITTED] TH15DE11.249
     


[[Page H9461]]

     [GRAPHIC] [TIFF OMITTED] TH15DE11.250
     


[[Page H9462]]

     [GRAPHIC] [TIFF OMITTED] TH15DE11.251
     


[[Page H9463]]

     [GRAPHIC] [TIFF OMITTED] TH15DE11.252
     


[[Page H9464]]

     [GRAPHIC] [TIFF OMITTED] TH15DE11.253
     


[[Page H9465]]

     [GRAPHIC] [TIFF OMITTED] TH15DE11.254
     


[[Page H9466]]

     [GRAPHIC] [TIFF OMITTED] TH15DE11.255
     


[[Page H9467]]

     [GRAPHIC] [TIFF OMITTED] TH15DE11.256
     


[[Page H9468]]

       Additional Funding for Ongoing Work.--The fiscal year 2012 
     budget request does not fund operation, maintenance, and 
     rehabilitation of our nation's aging infrastructure 
     sufficiently to ensure continued competitiveness in a global 
     marketplace. Federal navigation channels maintained at only a 
     fraction of authorized dimensions, and navigation locks and 
     hydropower facilities well beyond their design life result in 
     economic inefficiencies and risks infrastructure failure, 
     which cause substantial economic losses. The conferees 
     believe that investing in operation, maintenance, and 
     rehabilitation of infrastructure today will save taxpayers 
     money in the future.
       The conference agreement includes additional funds to 
     continue ongoing projects and activities. The intent of these 
     funds is for ongoing work that either was not included in the 
     Administration's request or was inadequately budgeted. None 
     of these funds may be used to start new projects or programs. 
     The conferees direct that priority in allocating these funds 
     be given to completing ongoing work maintaining authorized 
     depths and widths of harbors and shipping channels, including 
     where contaminated sediments are present, and for addressing 
     critical maintenance backlog. Particular emphasis should be 
     placed on projects where there is a U.S. Coast Guard 
     presence; that will enhance national, regional, or local 
     economic development; or that will promote job growth or 
     international competitiveness.
       The conferees are concerned that the Administration's 
     criteria for navigation maintenance does not allow small, 
     remote, or subsistence harbors and waterways to properly 
     compete for scarce navigation maintenance funds. The 
     conferees urge the Corps to revise the criteria used for 
     determining which navigation maintenance projects are funded 
     in order to develop a reasonable and equitable allocation 
     under this account. The criteria should include the economic 
     impact that these projects provide to local and regional 
     economies, in particular, those with national defense or 
     public health and safety importance.
       Funding associated with each category may be allocated to 
     any eligible project within that category; funding associated 
     with each subcategory may be allocated only to eligible 
     projects within that subcategory. The list of subcategories 
     is not meant to be exhaustive. Priority in allocating these 
     funds should consider the following: number of jobs created 
     directly by the funded activity; benefits to the local, 
     regional or national economy; ability to obligate the funds 
     allocated within the fiscal year; ability to complete the 
     project, separable element, or project phase within the funds 
     allocated; and risk of imminent failure or closure of the 
     facility.
       Within 45 days of enactment of this Act, the Corps shall 
     provide to the House and Senate Committees on Appropriations 
     a work plan delineating how these funds are to be 
     distributed. A document providing the Administration's 
     criteria for justifying the funding decisions made shall 
     accompany this work plan. No funds shall be obligated for any 
     project under this program which has not been justified in 
     such a report.
       Coastal and Ocean Systems Data.--The conferees have 
     provided funding to ensure the maintenance of wave 
     observations and the expansion of the national wave 
     monitoring network as outlined in the National Operational 
     Wave Observation Plan. Funds are also included for 
     continuation of integrated long-term beach surveys to monitor 
     shoreline risk.


                           REGULATORY PROGRAM

       The conference agreement provides $193,000,000 for the 
     Regulatory Program as proposed by the Senate, instead of 
     $196,000,000 as proposed by the House. The Act includes 
     language making funds available until September 30, 2013, as 
     proposed by the Senate.


            FORMERLY UTILIZED SITES REMEDIAL ACTION PROGRAM

       The conference agreement provides $109,000,000 for the 
     Formerly Utilized Sites Remedial Action Program as proposed 
     by the House and Senate. The Corps is directed to prioritize 
     sites that are nearing completion. Within the funds provided 
     in accordance with the budget request, the Corps is directed 
     to complete the Remedial Investigation/Feasibility Study of 
     the former Sylvania nuclear fuel site at Hicksville, New 
     York, and, as appropriate, to proceed expeditiously to a 
     Record of Decision and initiation of any necessary 
     remediation in accordance with the Comprehensive 
     Environmental Response, Compensation, and Liability Act 
     (CERCLA).


                 FLOOD CONTROL AND COASTAL EMERGENCIES

       The conference agreement provides $27,000,000 for Flood 
     Control and Coastal Emergencies as proposed by the House and 
     Senate.


                                EXPENSES

       The conference agreement provides $185,000,000 for Expenses 
     as proposed by the Senate, instead of $177,640,000 as 
     proposed by the House. The Act includes language making funds 
     available until September 30, 2013, as proposed by the 
     Senate. Within the funds provided, the Institute for Water 
     Resources is directed to submit to the Senate and House 
     Committees on Appropriations within 180 days of enactment of 
     this Act, a report on how the Congress should address the 
     critical need for additional port and inland waterway 
     modernization to accommodate post-Panamax vessels. This study 
     will not impede nor delay port or inland waterway projects 
     already authorized by Congress. Factors for consideration 
     should include costs associated with deepening and widening 
     deep-draft harbors; the ability of the waterways and ports to 
     enhance the nation's export initiatives benefitting the 
     agricultural and manufacturing sectors; the current and 
     projected population trends that distinguish regional ports 
     and ports that are immediately adjacent to population 
     centers; the availability of inland intermodal access; and 
     the environmental impacts resulting from the modernization of 
     inland waterways and deep-draft ports.


     OFFICE OF THE ASSISTANT SECRETARY OF THE ARMY FOR CIVIL WORKS

       The conference agreement provides $5,000,000 for the Office 
     of the Assistant Secretary of the Army for Civil Works as 
     proposed by the House and Senate. The Act includes language 
     making funds available until September 30, 2013, as proposed 
     by the Senate.


                        ADMINISTRATIVE PROVISION

       The conference agreement includes a provision relating to 
     the replacement and hire of passenger motor vehicles as 
     proposed by the House and Senate.


             GENERAL PROVISIONS--CORPS OF ENGINEERS--CIVIL

                     (INCLUDING TRANSFERS OF FUNDS)

       The conference agreement includes a provision proposed by 
     the Senate relating to reprogramming. The House proposed a 
     similar provision.
       The conference agreement does not include a provision 
     proposed by the Senate regarding implementation of 
     competitive sourcing or High Performance Organizations. The 
     House proposed no similar provision.
       The conference agreement includes a provision proposed by 
     the House prohibiting the use of funds to carry out any 
     contract that commits funds beyond the amounts appropriated 
     for that program, project, or activity. The Senate proposed 
     no similar provision.
       The conference agreement includes a provision proposed by 
     the House relating to continuing contracts and the Inland 
     Waterway Trust Fund. The Senate proposed a similar provision.
       The conference agreement includes a provision proposed by 
     the Senate relating to report notifications. The House 
     proposed a similar provision.
       The conference agreement includes a provision proposed by 
     the Senate providing the Corps of Engineers authorization for 
     emergency measures to exclude Asian carp from the Great 
     Lakes. The House proposed a similar provision. The conferees 
     do not consider hydrologic separation of the Great Lakes 
     Basin from the Mississippi River Basin to be an emergency 
     measure authorized by this Act. The issue should be fully 
     studied by the Corps of Engineers and considered by the 
     appropriate congressional committees.
       The conference agreement includes a provision proposed by 
     the House and Senate authorizing the transfer of funds to 
     facilitate progress on the Greater New Orleans Hurricane and 
     Storm Damage Risk Reduction System.
       The conference agreement includes a provision proposed by 
     the House and Senate authorizing the transfer of funds to the 
     Fish and Wildlife Service to mitigate for fisheries lost due 
     to Corps of Engineers projects.
       The conference agreement does not include a provision 
     proposed by the House regarding implementation of revised 
     guidance on determining jurisdiction under the Clean Water 
     Act. The Senate proposed no similar provision.
       The conference agreement includes a provision proposed by 
     the Senate authorizing employees to serve on an international 
     commission. The House proposed no similar provision.
       The conference agreement includes a provision proposed by 
     the Senate authorizing the acquisition of real property for 
     the Cold Regions Research and Engineering Laboratory. The 
     House proposed no similar provision.
       The conference agreement includes a provision proposed by 
     the House regarding the relocation of any regional division 
     headquarters located at a military installation. The Senate 
     proposed no similar provision.
       The conference agreement includes a provision proposed by 
     the House regarding additional authority for the Corps to 
     accept funding from non-federal sponsors for authorized 
     federal projects. The Senate proposed no similar provision. 
     The conferees do not expect these changes to result in more 
     architect-engineer design work being undertaken by Corps 
     personnel. The conferees expect the Corps to continue its 
     contracting efforts for such services as in prior years.
       The conference agreement does not include a provision 
     proposed by the Senate regarding restrictions on the use or 
     maintenance of any federal dredge. The House proposed no 
     similar provision.
       The conference agreement does not include a provision 
     proposed by the Senate relating to maintenance standards for 
     the federal dredging fleet. The House proposed no similar 
     provision.
       The conference agreement does not include a provision 
     proposed by the Senate relating to health and safety 
     improvements to the dredge ``McFarland''. The House proposed 
     no similar provision.
       The conference agreement modifies a provision proposed by 
     the Senate relating to

[[Page H9469]]

     deed restrictions in Benton County, Washington. The House 
     proposed no similar provision.
       The conference agreement includes a provision proposed by 
     the Senate deauthorizing a portion of the Block Island Harbor 
     of Refuge in Rhode Island. The House proposed no similar 
     provision.
       The conference agreement includes a provision proposed by 
     the Senate relating to improvements to installations and 
     facilities of the Engineer Research and Development Center. 
     The House proposed no similar provision.
       The conference agreement includes a provision proposed by 
     the Senate relating to the disposition of acquired land in 
     the Passaic River Basin in New Jersey. The House proposed no 
     similar provision.
       The conference agreement modifies a provision proposed by 
     the Senate relating to disposal sites in Long Island Sound. 
     The House proposed no similar provision.
       The conference agreement includes a provision proposed by 
     the Senate deauthorizing a portion of the Newport Harbor in 
     Rhode Island. The House proposed no similar provision.
       The conference agreement includes a provision proposed in 
     Title VI of the House bill relating to FERC Project number 
     2342. The Senate proposed no similar provision.
       The conference agreement includes a provision proposed in 
     Title VI of the House bill prohibiting funds for the Missouri 
     River Authorized Purposes Study. The Senate proposed no 
     similar provision.
       The conference agreement includes a provision proposed in 
     Title VI of the House bill relating to section 5018(a)(1) of 
     the Water Resources Development Act of 2007 regarding 
     Missouri River Recovery. The Senate proposed no similar 
     provision. The conferees are aware of the challenges 
     associated with water management in the Missouri River Basin 
     and urge all parties to work cooperatively in addressing 
     these issues.

                                TITLE II

                       DEPARTMENT OF THE INTERIOR

                          Central Utah Project


                CENTRAL UTAH PROJECT COMPLETION ACCOUNT

       The conference agreement provides a total of $28,704,000 
     for the Central Utah Project as proposed by the House, 
     instead of $28,991,000 as proposed by the Senate.

                         Bureau of Reclamation


                      WATER AND RELATED RESOURCES

                     (INCLUDING TRANSFERS OF FUNDS)

       The conference agreement provides $895,000,000 for Water 
     and Related Resources, instead of $822,300,000 as proposed by 
     the House and $885,670,000 as proposed by the Senate. The Act 
     does not include a restriction on projects carried out by the 
     Youth Conservation Corps (YCC) as proposed by the House, but 
     the conferees direct the Bureau of Reclamation to report to 
     the House and Senate Committees on Appropriations by January 
     1, 2015, on the use of the YCC for carrying out Reclamation 
     projects. The Act does not include language regarding 
     expenditure of funds as proposed by the House.
       The conference agreement for Water and Related Resources is 
     shown in the following table:

[[Page H9470]]

     [GRAPHIC] [TIFF OMITTED] TH15DE11.257
     


[[Page H9471]]

     [GRAPHIC] [TIFF OMITTED] TH15DE11.258
     


[[Page H9472]]

     [GRAPHIC] [TIFF OMITTED] TH15DE11.259
     


[[Page H9473]]

     [GRAPHIC] [TIFF OMITTED] TH15DE11.260
     


[[Page H9474]]

     [GRAPHIC] [TIFF OMITTED] TH15DE11.261
     


[[Page H9475]]

       Indian Water Rights Settlements.--The conference agreement 
     includes funds for these activities in the Water and Related 
     Resources account as proposed by both the House and Senate, 
     instead of in a separate account as proposed in the budget 
     request.
       San Joaquin River Restoration.--The conference agreement 
     does not include a separate account for this item. Funding is 
     included in the Water and Related Resources account as a 
     separate line item under the Friant Division of the Central 
     Valley Project. The conferees note that the San Joaquin River 
     Restoration Settlement Act has two goals: to restore and 
     maintain fish populations in good condition and to reduce or 
     avoid adverse water supply impacts to long-term contractors 
     and other water users. The conferees direct the Bureau of 
     Reclamation to continue to work with all relevant state and 
     federal agencies, settlement parties, and third party 
     interests to address all concerns so the mutual goals of the 
     Settlement Act can be achieved.
       Arthur Bowman Dam.--The conference agreement includes House 
     direction regarding hydropower development at Arthur Bowman 
     Dam located in Crook County, Oregon.
       Buried Metallic Water Pipe.--The conferees are aware of 
     several concerns regarding implementation and review of 
     Reclamation's Technical Memorandum 8140-CC-2004-1 
     (``Corrosion Considerations for Buried Metallic Water 
     Pipe''). Specifically, the conferees are concerned that 
     Reclamation's use of this memorandum may be holding different 
     materials to different standards of reliability and 
     increasing project costs unnecessarily. Therefore, 
     Reclamation should not use the memorandum as the sole basis 
     to deny funding or approval of a project or to disqualify any 
     material from use in highly corrosive soils. Additionally, 
     the conferees direct Reclamation to follow the recommendation 
     of the National Academy of Sciences to assemble data on 
     pipeline reliability for all types of pipe specified in Table 
     2 of Technical Memorandum 8140-CC-2004-1 along with the 
     specified corrosion protection applied in the various soil 
     types (``Review of the Bureau of Reclamation's Corrosion 
     Prevention Standards for Ductile Iron Pipe'' (2009)) and to 
     conduct an analysis of the performance of these types of pipe 
     installed in the same or similar conditions. This review 
     should also include an analysis of the economics, cost-
     effectiveness and life-cycle costs associated with the 
     various materials under evaluation.
       Additional Funding for Water and Related Resources Work.--
     The conference agreement includes additional funds as 
     proposed by the Senate. The conferees direct that priority in 
     allocating these funds should be to advance and complete 
     ongoing work, improve water supply reliability, improve water 
     deliveries, enhance regional or local economic development, 
     promote job growth or for critical backlog maintenance and 
     rehabilitation activities. Within 30 days of enactment, 
     Reclamation shall provide to the House and Senate Committees 
     on Appropriations a report delineating how these funds are to 
     be distributed, in which phase the work is to be 
     accomplished, and an explanation of the criteria and rankings 
     used to justify each allocation. This report shall also 
     include the reassessment of allocation among rural water 
     systems as directed by the House.


                CENTRAL VALLEY PROJECT RESTORATION FUND

       The conference agreement provides $53,068,000 for the 
     Central Valley Project Restoration Fund, as proposed by the 
     House and Senate.


                    CALIFORNIA BAY-DELTA RESTORATION

                     (INCLUDING TRANSFERS OF FUNDS)

       The conference agreement provides $39,651,000 for the 
     California Bay-Delta Restoration program as proposed by the 
     Senate, instead of $35,928,000 as proposed by the House.


                       POLICY AND ADMINISTRATION

       The conference agreement provides $60,000,000 for Policy 
     and Administration as proposed by the House and Senate. The 
     Act includes language making funds available until September 
     30, 2013, as proposed by the Senate.


                        ADMINISTRATIVE PROVISION

       The conference agreement includes a provision limiting the 
     Bureau of Reclamation to purchase not more than five 
     passenger vehicles for replacement only, as proposed by the 
     House.

             GENERAL PROVISIONS--DEPARTMENT OF THE INTERIOR

       The conference agreement includes a provision proposed by 
     the Senate outlining the circumstances under which the Bureau 
     of Reclamation may reprogram funds. The House proposed a 
     similar provision.
       The conference agreement includes a provision proposed by 
     the House and Senate regarding the San Luis Unit and the 
     Kesterson Reservoir in California.
       The conference agreement does not include a provision 
     proposed by the House permanently rescinding mandatory funds 
     from the San Joaquin River Restoration Fund. The Senate 
     proposed no similar provision.
       The conference agreement includes a provision proposed by 
     the Senate regarding the Lake Mead/Las Vegas Wash Program. 
     The House proposed no similar provision.
       The conference agreement modifies a provision proposed by 
     the Senate extending authorizations under the Water 
     Desalination Act of 1996. The House proposed no similar 
     provision.
       The conference agreement includes a provision proposed by 
     the Senate regarding the Bay Delta Conservation Plan. The 
     House proposed no similar provision.
       The conference agreement includes a provision proposed by 
     the Senate regarding participation in non-federal groundwater 
     banking programs. The House proposed no similar provision.
       The conference agreement includes a provision proposed by 
     the Senate regarding water transfers in California. The House 
     proposed no similar provision.
       The conference agreement does not include a provision 
     proposed by the Senate regarding expenditure of mandatory 
     funds under the San Joaquin River Restoration Fund. The House 
     proposed no similar provision.
       The conference agreement includes a provision proposed by 
     the Senate regarding the Desert Terminal Lakes Program. The 
     House proposed no similar provision.

                               TITLE III

                          DEPARTMENT OF ENERGY

       The summary tables at the end of this title set forth the 
     dispositions with respect to the individual appropriations, 
     programs, and activities of the Department of Energy. 
     Additional items in the Act are discussed below.
       The conference agreement provides $25,748,081,000 for the 
     Department of Energy, instead of $24,722,046,000 as proposed 
     by the House and $25,548,976,000 as proposed by the Senate, 
     to fund programs in its five primary mission areas: science, 
     energy, environment, nuclear non-proliferation and national 
     security.
       Contractor Pensions and Benefits.--The conferees support 
     actions taken to improve headquarters oversight of contractor 
     pensions and other post-retirement benefits. Given the 
     government has assumed the long-term liability for pension 
     costs, the conferees encourage the Department to evaluate 
     alternatives to contractually formalize requirements for the 
     management of pension and other post-retirement benefits. 
     Instead of the House direction on reporting requirements for 
     pensions and prohibition on contribution amounts, the 
     conferees direct the Department to report current plan 
     status, funding ratios, reimbursement levels, projected plan 
     status at budgeted levels, and any updates to funding ratios 
     and contributions with or as supplemental information to the 
     budget request. This information should be updated in April 
     and September of each year. Changes to expected contribution 
     levels should be clearly explained and the Department should 
     note any changes in plan management that have impacted 
     contribution amounts. Any funding request which proposes a 
     contribution in excess of the minimum ERISA or Pension 
     Protection Act requirements should include a detailed 
     justification.
       Nuclear Safety.--Instead of the House direction for a 
     safety review of all cleanup sites, the conferees direct the 
     Secretary of Energy to review all Department of Energy 
     nuclear facility construction projects with a total project 
     cost greater than $1,000,000,000 to determine if those 
     projects are being managed in a way which could pressure 
     contractors or Department managers to disregard nuclear 
     safety in order to demonstrate acceptable project 
     performance. The review should investigate contract 
     management, including the award of contractor fee, project 
     management practices, and the framing of program and policy 
     goals to evaluate if Department practices have complicated 
     efforts to foster a positive nuclear safety culture or 
     resolve nuclear safety-related design issues. The Secretary 
     shall report to the House and Senate Committees on 
     Appropriations no later than May 1, 2012, on improvements to 
     contracting and other management practices which will assist 
     Department managers in ensuring that design flaws and safety 
     issues do not go ignored or unrecognized.
       H-Canyon.--Instead of the House requirement to provide 
     funding to the National Academy of Sciences, the Department 
     shall conduct its own review to explore the full range of 
     potential uses for the chemical processing areas of H-Canyon 
     at the Savannah River Site and report back to the House and 
     Senate Committees on Appropriations within 3 months of 
     enactment of this Act. The options considered should not be 
     limited to uses by the Office of Environmental Management, 
     but should incorporate uses which may contribute to meeting 
     the goals of other program offices within the Department of 
     Energy and the National Nuclear Security Administration.
       Exascale Computing.--The conferees support the Department's 
     initiative to develop exascale computing as a crucial 
     component of long-term U.S. leadership, but are concerned 
     that the Department has not yet developed an integrated 
     strategy and program plan. The Department is directed to 
     submit to the House and Senate Committees on Appropriations, 
     not later than February 10, 2012, a joint, integrated 
     strategy and program plan for the crosscutting effort to 
     develop exascale computing that includes:
       --a target date for developing an operational exascale 
     platform;
       --interim milestones toward reaching that target;
       --minimum requirements for an exascale system, including 
     power consumption efficiency goals;
       --multi-year budget estimates for the exascale initiative 
     and costs of meeting each interim milestone;
       --clear roles and responsibilities for each office involved 
     in exascale research and development; and

[[Page H9476]]

       --a complete listing of exascale activities included in the 
     fiscal year 2013 budget request broken out by program, 
     project and activity with comparisons to the current year's 
     funding levels.
       Energy Innovation Hubs.--For each Energy Innovation Hub 
     funded in this Act, the Department is directed to deliver to 
     the House and Senate Committees on Appropriations, not later 
     than 120 days after enactment of this Act, a report detailing 
     milestones and performance goals for the end of each of the 
     Hub's five fiscal years, and specific milestones and 
     performance criteria the Hub must meet to be considered for a 
     second five-year term. For Hubs established in prior fiscal 
     years, the report shall include current performance against 
     planned milestones, and a summary of progress against plans 
     for staffing and facilities. For new Hubs, the report shall 
     include a plan and timeline for selecting an awardee.
       PCAST Recommendations.--The conferees direct the Secretary 
     of Energy, within 6 months of enactment of this Act, to 
     submit a report detailing how the Department has or will 
     implement in all Energy Programs the following features that 
     have been used successfully in ARPA-E and highlighted by the 
     President's Council of Advisors on Science and Technology:
       --a rigorous review process;
       --contract or grant negotiations completed in just a few 
     months;
       --co-location within the program offices of such support 
     functions as procurement, contracts, human resources, and 
     information technology services; and
       --an agile and innovative workforce.

                       Reprogramming Requirements

       The conference agreement carries the Department's 
     reprogramming authority in statute to ensure that the 
     Department carries out its programs consistent with 
     congressional direction, as proposed by the House. This 
     modified provision includes reprogramming authority internal 
     to each account, as long as no program, project or activity 
     is increased or decreased by more than $5,000,000 or 10 
     percent, compared to the levels included in the 
     ``Conference'' column in the ``Department of Energy'' table 
     included under the heading ``Title III--Department of 
     Energy'' in this joint explanatory statement. No new transfer 
     authority between accounts other than that explicitly granted 
     in this Act is included or implied. The conferees expect the 
     Department to use this additional flexibility to improve 
     budget execution, meet emergent program needs, and reduce 
     program costs. For reallocations above the $5,000,000 or 10 
     percent cumulative threshold, a reprogramming request must be 
     submitted to the House and Senate Committees on 
     Appropriations for consideration and may not be implemented 
     prior to approval by the Committees. Any reallocation of new 
     or prior-year budget authority or prior-year de-obligations, 
     or any request to implement a reorganization which includes 
     moving previous appropriations between appropriations 
     accounts must be submitted to the House and Senate Committees 
     on Appropriations in writing and may not be implemented prior 
     to approval by the Committees.
       Definitions.--A reprogramming includes the reallocation of 
     funds from one program, project or activity to another within 
     an appropriation.
       The conferees are concerned the Department is over-
     committing future budgets by announcing multi-year awards 
     subject to future appropriations for a substantial portion of 
     activities within Energy Programs. The Department is directed 
     to transition to a model in which it fully funds multi-year 
     awards with appropriated funds, except in the cases of major 
     capital projects, management and operating contracts, and 
     large research centers which require multi-year awards 
     subject to appropriations. As part of that transition, the 
     conference agreement includes a provision requiring that any 
     multi-year award must be subject to appropriations and the 
     Department must notify the House and Senate Committees on 
     Appropriations at least 14 calendar days prior to public 
     announcement of the award. The Department shall deliver each 
     notification as a cumulative list of all notifications under 
     this subsection, to include: recipient; appropriations 
     account, program, and activity; award date; total amount of 
     award; amount awarded from fiscal year 2012 appropriations; 
     amount awarded from prior appropriations; amount awarded 
     subject to future appropriations; and an explanation of the 
     special circumstances justifying commitment of future funds. 
     The conferees do not include a House provision prohibiting 
     the use of multi-year awards, but will reconsider this 
     legislative prohibition in future years depending on the 
     Department's performance in transitioning to fully funding 
     its multi-year awards.

                            ENERGY PROGRAMS

                 Energy Efficiency And Renewable Energy


                    (INCLUDING RESCISSION OF FUNDS)

       The conference agreement provides $1,825,000,000 in new 
     budget authority for Energy Efficiency and Renewable Energy, 
     instead of $1,308,436,000 as proposed by the House and 
     $1,795,641,000 as proposed by the Senate, and rescinds 
     $9,909,000 in prior-year balances.
       The conference agreement does not include a Senate 
     provision directing energy efficiency rulemakings for 
     televisions and set-top boxes within 12 months of enactment 
     of this Act. The conference agreement does not include a 
     Senate provision regarding the Defense Production Act.
       Biomass and Biorefinery Systems Research and Development.--
     The conferees strongly encourage the Department to conduct 
     only research, development, and demonstration activities 
     advancing technologies that produce fuels and electricity 
     from biomass, crops and crop components that could not 
     otherwise be used as food. To that end, the conferees support 
     efforts to develop cellulosic feedstocks and direct the 
     Department to consider a broad portfolio of options, 
     including biofuels sources such as the non-food components of 
     biomass sorghum.
       Within available funds, a total of $30,000,000 is provided 
     for algae biofuels. The conference agreement includes no 
     funds for the cellulosic biofuels reverse auction proposed in 
     the request.
       Solar Energy.--The conferees support the Department's 
     existing solar energy research, development, and 
     demonstration activities, and encourage the Department to 
     include in these efforts disruptive solar energy utilization 
     technologies, fabrication methods that yield ultra-low cost 
     solar cells, technologies for ultra-high efficiency solar 
     cells, technologies designed to simulate the operation of 
     solar cells, and other methods to yield advanced science and 
     engineering approaches to solar cells.
       Wind Energy.--The conferees support the Department's 
     efforts to develop advanced offshore wind energy 
     technologies, including freshwater, deepwater, shallow water, 
     and transitional depth installations.
       Geothermal Technology.--The Geothermal Technology program 
     may not announce new funding opportunities that result in 
     total mortgages on future fiscal years in excess of half of 
     the program's fiscal year 2012 appropriation. Within 
     available funds, the conferees direct the Department to make 
     not less than $5,000,000 available to continue development 
     and deployment of low-temperature geothermal systems. The 
     Department shall continue its support of comprehensive 
     programs that support academic and professional development 
     initiatives. For future awards, the full spectrum of 
     geothermal technologies as authorized by the Energy 
     Independence and Security Act of 2007 (Public Law 110-140) 
     shall be eligible for the funds appropriated for Geothermal 
     Technology by this Act.
       Water Power.--The conference agreement provides $59,000,000 
     for Water Power, of which $34,000,000 is for marine and 
     hydrokinetic technology research, development and 
     demonstration, and $25,000,000 is for conventional hydropower 
     research, development and demonstration. Within available 
     funds, the Department is directed to provide not less than 
     $10,000,000 to build necessary infrastructure, including 
     environmental performance monitoring, at marine and 
     hydrokinetic industry testing sites designated by the 
     Department as National Marine Renewable Energy Centers.
       Vehicle Technologies.--The conference agreement includes 
     $28,244,000 for lightweight materials, to include $4,000,000 
     for modeling and design for vehicle optimization. The 
     conferees provide $28,000,000 for Vehicle Technologies 
     Deployment, of which $3,000,000 is to commission a National 
     Academies study on electric vehicle market barriers, as 
     directed in the House report.
       Building Technologies.--The conference agreement includes 
     $24,300,000 for the Energy Efficient Building Systems Design 
     Energy Innovation Hub, and the House direction for a 
     strategic plan regarding geothermal heat pumps. The conferees 
     provide $25,832,000 for lighting research and development, to 
     include $12,000,000 for research and development into 
     manufacturing improvements for general illumination solid 
     state lighting. The conference agreement includes no funds 
     within Commercial Buildings Integration for new state and 
     municipal government grant programs relating to codes, 
     performance standards and regulations.
       Industrial Technologies.--The conference agreement includes 
     $20,000,000 for the Energy Innovation Hub for Critical 
     Materials. Within available funds, the conference agreement 
     includes not less than $4,205,000 for improvements in 
     production in the steel industry, and the Department is 
     directed to continue supporting improvements in mechanical 
     insulation. The Department is directed to continue funding 
     mortgages on all past multi-year awards within the Combined 
     Heat and Power program, unless a project fails to meet 
     milestones or other terms of the award. The conferees provide 
     no funding for Manufacturing Energy Systems.
       Strategic Programs.--The Department is directed to only 
     fund activities within the International Program that 
     directly benefit domestic industry, increase American energy 
     self-sufficiency, further United States research efforts, or 
     reduce domestic pollution. Within available funds, the 
     conference agreement includes $2,000,000 for the U.S.-Israel 
     energy cooperative agreement.
       Weatherization Assistance.--The conference agreement 
     includes a provision giving the Secretary authority to waive 
     the weatherization formula in order to distribute fiscal year 
     2012 funds to states, once they have spent all prior-year and 
     emergency funds, at a rate of spending consistent with the 
     fiscal year 2011 level.

              Electricity Delivery And Energy Reliability

       The conference agreement provides $139,500,000 for 
     Electricity Delivery and Energy Reliability, instead of 
     $139,496,000 as proposed by the House and $141,010,000 as 
     proposed by the Senate.

[[Page H9477]]

       The conferees provide $25,490,000 for Clean Energy 
     Transmission and Reliability, and include no funds for the 
     proposed Smart Grid Technology and Systems Energy Innovation 
     Hub. The conference agreement includes $24,000,000 for Smart 
     Grid Research and Development, $20,000,000 for Energy 
     Storage, and $30,000,000 for Cyber Security for Energy 
     Delivery Systems.

                             Nuclear Energy

       The conference agreement provides $768,663,000 for nuclear 
     energy activities, instead of $733,633,000 as proposed by the 
     House and $583,834,000 as proposed by the Senate.
       The conferees direct the Department to develop a strategy 
     for the management of spent nuclear fuel and other nuclear 
     waste within 6 months of publication of the final report of 
     the Blue Ribbon Commission on America's Nuclear Future.
       Nuclear Energy Enabling Technologies.--The conference 
     agreement provides $74,880,000, to include $14,580,000 for 
     the National Science User Facility at Idaho National 
     Laboratory, $24,300,000 for the Modeling and Simulation 
     Energy Innovation Hub, and $36,000,000 for Crosscutting 
     Research.
       Small Modular Reactor Licensing Technical Support.--The 
     conference agreement includes $67,000,000 to provide 
     licensing and first-of-a-kind engineering support for small 
     modular reactor designs that can be deployed expeditiously, 
     to be administered as specified in the budget request. The 
     Department is directed to consider applications utilizing any 
     small modular reactor technologies. The conferees expect the 
     program to total $452,000,000 over five years.
       Reactor Concepts Research and Development.--The conferees 
     provide $115,544,000, to include $28,674,000 for Small 
     Modular Reactors Advanced Concepts and $21,870,000 for 
     Advanced Reactor Concepts.
       The conference agreement includes $25,000,000 for Light 
     Water Reactor Sustainability. Within available funds, the 
     Department is directed to conduct research and development 
     furthering knowledge on how long the current fleet of 
     reactors can safely operate.
       The conference agreement includes $40,000,000 for the Next 
     Generation Nuclear Plant program, $30,000,000 of which is to 
     accelerate fuel development and qualification activities and 
     $10,000,000 of which is to continue ongoing research and 
     development projects begun in prior fiscal years.
       Fuel Cycle Research and Development.--The conference 
     agreement provides $187,351,000.
       The conference agreement includes $60,000,000 for Used 
     Nuclear Fuel Disposition. Within available funds, $10,000,000 
     is for development and licensing of standardized 
     transportation, aging, and disposition canisters and casks. 
     Multiple geologic repositories will ultimately be required 
     for the long-term disposition of the nation's spent fuel and 
     nuclear waste; the Department should build upon its current 
     knowledge base to fully understand all repository media and 
     storage options and their comparative advantages, and the 
     conferees direct the Department to focus, within available 
     funds, $3,000,000 on development of models for potential 
     partnerships to manage spent nuclear fuel and high level 
     waste, and $7,000,000 on characterization of potential 
     geologic repository media. The Department is directed to 
     preserve all documentation relating to Yucca Mountain, 
     including technical information, records, and other 
     documents, as well as scientific data and physical materials.
       The conference agreement includes $10,000,000 to expand the 
     Department's capabilities for assessing issues related to the 
     aging and safety of storing spent nuclear fuel, to include 
     experimentation, modeling, and simulation for dry storage 
     casks, as well as for spent fuel pools, as necessary.
       The conference agreement includes $59,000,000 for Advanced 
     Fuels, and directs that priority for the increase in funding 
     be given to efforts to develop and qualify meltdown-
     resistant, accident-tolerant nuclear fuels that would enhance 
     the safety of light water reactors.
       Radiological Facilities Management.--The conference 
     agreement provides $64,902,000 for space and defense 
     infrastructure, to include $15,000,000 for nuclear 
     infrastructure at Oak Ridge National Laboratory. The 
     conferees provide no funds for the Plutonium-238 Production 
     Restart Project.

                 Fossil Energy Research and Development


                    (INCLUDING RESCISSION OF FUNDS)

       The conference agreement provides $534,000,000 in new 
     budget authority for Fossil Energy Research and Development, 
     instead of $476,993,000 as proposed by the House and 
     $445,471,000 as proposed by the Senate, and rescinds 
     $187,000,000 in prior-year balances, as proposed by the 
     Senate. The conference agreement does not include the use of 
     prior-year balances, as proposed by the House and the Senate.
       CCS and Power Systems.--The conferees provide $368,609,000 
     for CCS and Power Systems. The conference agreement includes 
     $100,000,000 for Advanced Energy Systems, to include 
     $5,000,000 for the Coal and Coal-Biomass to Liquids, and not 
     less than $25,000,000 to continue research, development, and 
     demonstration of solid oxide fuel cell systems.
       Within CCS and Power Systems, the conference agreement 
     includes $35,031,000 for NETL Coal Research and Development, 
     to include Integrated Gasification Combined Cycle, Turbines, 
     Carbon Sequestration, Fuels, Fuel Cells, and Advanced 
     Research activities. The reduction in Program Direction 
     funding reflects the relocation of NETL Direct Program 
     Direction into this research line, in order to increase 
     transparency by grouping together all fossil energy research 
     activities and by including only oversight and management 
     activities within Program Direction. The Department is 
     directed to continue including in the budget request all 
     full-time equivalent information within this program line, as 
     it has been doing previously within Program Direction.
       Natural Gas Technologies.--The conference agreement 
     provides $15,000,000, of which $10,000,000 is for gas 
     hydrates research.
       Other Programs.--Within available funds, the conference 
     agreement includes $2,000,000 for the Department to continue 
     the Risk Based Data Management System.

                 Naval Petroleum and Oil Shale Reserves

       The conference agreement provides $14,909,000 for the 
     operation of the Naval Petroleum and Oil Shale Reserves as 
     proposed by the House and Senate.

                      Strategic Petroleum Reserve

       The conference agreement provides $192,704,000 for the 
     Strategic Petroleum Reserve as proposed by the House and 
     Senate.

                         SPR Petroleum Account


                    (INCLUDING RESCISSION OF FUNDS)

       The conference agreement includes a rescission of funds in 
     the amount of $500,000,000 from existing balances within this 
     account, rather than direction included in the House and 
     Senate bills to sell an additional $500,000,000 of Reserves 
     to enable operational maintenance of the caverns. A sale in 
     calendar year 2011 unanticipated by the Administration's 
     fiscal year 2012 budget request provides the necessary 
     flexibility to address the infrastructure needs. The 
     conference agreement includes no repeal or modification of 
     royalty-in-kind provisions, as proposed by the Senate and 
     House, respectively.

                   Northeast Home Heating Oil Reserve


                    (INCLUDING RESCISSION OF FUNDS)

       The conference agreement provides $10,119,000 for the 
     Northeast Home Heating Oil Reserve as proposed by the House 
     and Senate. The conference agreement includes a rescission of 
     excess revenues from a sale in fiscal year 2011, valued at 
     approximately $100,000,000, as proposed by the House and 
     Senate. The conference agreement includes a provision 
     proposed by the House affirming the Administration's plans to 
     limit the size of the Reserve to one million barrels of 
     petroleum distillate.

                   Energy Information Administration

       The conference agreement provides $105,000,000 for the 
     Energy Information Administration.

                   Non-Defense Environmental Cleanup

       The conference agreement provides $235,721,000 for Non-
     Defense Environmental Cleanup, instead of $254,121,000 as 
     proposed by the House and $219,121,000 as proposed by the 
     Senate.
       Small Sites.--The conference agreement provides $67,430,000 
     for Small Sites. In response to a lack of progress on 
     addressing existing contamination and seismic deficiencies 
     within buildings that are located in heavily used areas at 
     some Department national laboratories, the Department is 
     directed to use additional funds above the amount requested 
     to improve health and safety by cleaning up existing 
     contamination and improving the seismic standards of 
     buildings within Department laboratory grounds. The 
     conference agreement directs the Department to provide a 
     report on Small Sites as directed in the House and Senate 
     reports within 3 months of enactment of this Act.

      Uranium Enrichment Decontamination and Decommissioning Fund

       The conference agreement provides $472,930,000 for 
     activities funded from the Uranium Enrichment Decontamination 
     and Decommissioning Fund, instead of $449,000,000 as proposed 
     by the House and $429,000,000 as proposed by the Senate. This 
     amount includes post closure contract liabilities, pensions, 
     and community and regulatory program support. The conference 
     agreement does not include the House provision restricting 
     the Department's use of up to $150,000,000 in proceeds from 
     the barter, transfer, or sale of uranium to carry out uranium 
     enrichment facility decontamination and decommissioning and 
     remedial actions.
       The conferees are aware that the Department has yet to 
     alter the contractual mechanism by which it has been 
     transferring uranium to a contractor in exchange for 
     additional cleanup services at Portsmouth in order to correct 
     the violations of federal law cited in the Government 
     Accountability Office's report ``Clarifying DOE's Disposition 
     Options Could Help Avoid Further Legal Violations'' (GAO-11-
     846). This type of arrangement continues to be off-budget and 
     inappropriately bypasses the congressional appropriations 
     process. There is also considerable concern that the 
     increasing amount of uranium being transferred could 
     destabilize the uranium market and thereby adversely impact 
     our domestic uranium mining industry.
       The conferees request the Comptroller General to report to 
     the Committees on Appropriations of the House of 
     Representatives and the Senate, not later than March 15, 
     2012, on the progress the Department has made in resolving 
     the concerns raised in GAO-11-846. To increase transparency 
     into Department of Energy actions, the Department shall fully 
     adhere to the reporting requirements in this Act and have a 
     current

[[Page H9478]]

     determination by the Secretary that any barter, transfer or 
     sale of uranium carried out by the Department will not have 
     an adverse material impact on the domestic uranium mining, 
     conversion, or enrichment industry. The Department is further 
     directed to provide the full details of any proposed barter, 
     transfer or sale of uranium in its fiscal year 2013 budget 
     request.

                                Science

       The conference agreement provides $4,889,000,000 for 
     Science, instead of $4,800,000,000 as proposed by the House 
     and $4,842,665,000 as proposed by the Senate.
       The conference agreement includes the House direction for a 
     report regarding underrepresented college minorities in 
     science, technology, engineering, and mathematics areas.
       In order to increase transparency and accountability across 
     all Science activities, the Department is directed, not later 
     than September 1, 2012, to create a performance ranking of 
     all ongoing multi-year research projects across the six major 
     Science research programs, including those at universities, 
     national laboratories, Energy Frontier Research Centers, 
     Energy Innovation Hubs and other recipients, by comparing 
     current performance with original project goals. The report 
     shall include an inventory of the number and dollar amount of 
     awards that have been terminated in fiscal years 2011 and 
     2012 before their multi-year awards have concluded.
       The conferees direct the Department to provide to the House 
     and Senate Committees on Appropriations, not later than 
     February 10, 2012, a budget scenario for fiscal years 2013 
     and 2014 with the Office of Science funded at the fiscal year 
     2012 level, highlighting funding levels for each major 
     program and project, including activities, such as ITER, with 
     scheduled changes in funding requirements.
       Advanced Scientific Computing Research.--The conferees 
     provide $442,000,000 for Advanced Scientific Computing 
     Research. The conferees support the exascale initiative, but 
     note that future funding for the initiative is contingent 
     upon delivery of the joint exascale plan, as directed. The 
     conferees provide the budget request for the Leadership 
     Computing Facilities and for High Performance Production 
     Computing, in support of continuing petascale upgrades at the 
     three facilities.
       Basic Energy Sciences.--The conference agreement provides 
     $1,694,000,000 for Basic Energy Sciences. The conference 
     agreement includes $24,300,000 to continue the Fuels from 
     Sunlight Energy Innovation Hub, and $20,000,000 to establish 
     the Batteries and Energy Storage Energy Innovation Hub. The 
     conference agreement includes up to $100,000,000 for the 
     existing Energy Frontier Research Centers; $10,000,000 for 
     predictive modeling of internal combustion engines; 
     $8,520,000 for the Experimental Program to Stimulate 
     Competitive Research; and no funding for gas hydrates 
     research within the Office of Science.
       The conference agreement includes $97,000,000 to fund each 
     major item of equipment at the level provided in the budget 
     request. Funding provided for the Linac Coherent Light Source 
     II at SLAC is for the exploration and design of the two-
     tunnel option.
       Biological and Environmental Research.--The conference 
     agreement provides $611,823,000 for Biological and 
     Environmental Research. Within available funds, the 
     conference agreement includes $12,000,000 to continue nuclear 
     medicine research with human application. The conferees 
     direct the Department to report to the House and Senate 
     Committees on Appropriations, not later than June 1, 2012, on 
     the Administration's strategy to continue funding this 
     research through more appropriate federal agencies with 
     health-focused missions.
       Within available funds, $16,000,000 is provided for 
     radiobiology to help determine health risks from exposures to 
     low levels of ionizing radiation to properly protect 
     radiation workers and the general public, and to conduct 
     studies of health impacts at and around the Fukushima Daiichi 
     nuclear plant.
       Fusion Energy Sciences.--The conference agreement provides 
     $402,177,000 for Fusion Energy Sciences, of which not more 
     than $105,000,000 is for U.S. Contributions to ITER. The 
     conference agreement includes $24,741,000 for the High Energy 
     Density Laboratory Plasma program, of which $12,000,000 is to 
     be evenly distributed among heavy-ion fusion, laser-driven 
     fusion, and magneto-inertial fusion. The conference agreement 
     includes direction for the submission of a 10-year fusion 
     plan as provided by both the House and Senate.
       High Energy Physics.--The conference agreement provides 
     $791,700,000 for High Energy Physics research.
       The conferees understand that the United States has unique 
     capabilities to develop a world-leading neutrino science 
     program. To begin the transition to the intensity frontier, 
     the conferees provide $21,000,000 for the Long Baseline 
     Neutrino Experiment, which includes $17,000,000 for research 
     and development and $4,000,000 for project engineering and 
     design. The conferees provide no funding for long-lead 
     procurements or construction activities. The conferees are 
     concerned that this project is not mature enough for 
     construction because a location and technology for the 
     underground detectors has not been selected. Before 
     consideration of congressional approval of construction, the 
     Department is directed to provide to the House and Senate 
     Committees on Appropriations a detailed project plan and 
     refined total cost estimate for construction, not later than 
     April 1, 2012.
       Within available funds, the conferees provide $15,000,000 
     as requested, $10,000,000 within High Energy Physics and 
     $5,000,000 within Nuclear Physics, to support minimal, 
     sustaining operations at the Homestake Mine in South Dakota.
       Nuclear Physics.--The conference agreement provides 
     $550,000,000 for Nuclear Physics. Within available funds, the 
     conference agreement includes $22,000,000 for the Facility 
     for Rare Isotope Beams, and $50,000,000 for the 12 GeV 
     upgrade of the Continuous Electron Beam Accelerator Facility.
       Workforce Development for Teachers and Scientists.--The 
     conference agreement provides $18,500,000 for Science 
     Workforce Development. Within available funds, up to 
     $5,000,000 is for the graduate fellowship program to fund the 
     existing cohort established in fiscal year 2010.
       Science Laboratories Infrastructure.--The conference 
     agreement provides $111,800,000 for Science Laboratories 
     Infrastructure.
       Safeguards and Security.--The conference agreement provides 
     $82,000,000 for Safeguards and Security.
       Science Program Direction.--The conference agreement 
     provides $185,000,000 for Science Program Direction. No funds 
     shall be used to hire new site office personnel, except for 
     field staff at the Integrated Support Centers in Chicago and 
     Oak Ridge.

                         Nuclear Waste Disposal

       The conference agreement provides $25,000,000 for nuclear 
     waste disposal, instead of $25,000,000 as proposed by the 
     House and $0 as proposed by the Senate.

               Advanced Research Projects Agency--Energy

       The conference agreement provides $275,000,000 for the 
     Advanced Research Projects Agency--Energy, of which 
     $20,000,000 is provided for Program Direction.

         Title 17 Innovative Technology Loan Guarantee Program

       The conference agreement provides $38,000,000 for 
     administrative expenses for the Title 17 Innovative Loan 
     Guarantee Program, as proposed by the House and Senate. This 
     appropriation is fully offset by revenue, resulting in a $0 
     net appropriation. The conference agreement includes no 
     funding for new loan guarantees, instead of $160,000,000 as 
     proposed by the House and $200,000,000 as proposed by the 
     Senate.

        Advanced Technology Vehicles Manufacturing Loan Program

       The conference agreement provides $6,000,000 for Advanced 
     Technology Vehicles Manufacturing Loan Program, as proposed 
     by the House and Senate.

                      Departmental Administration

       The conference agreement provides $237,623,000 for 
     Departmental Administration as proposed by the Senate, 
     instead of $63,374,000 as proposed by the House. The 
     conferees provide $1,000,000 within available funds to 
     contract with the National Academy of Public Administration 
     (NAPA) for an independent review of the management and 
     oversight of the Department's national laboratories. NAPA 
     should consider such issues as whether existing laboratory 
     performance metrics for the Department's management and 
     operations contractors measure critical aspects of their 
     performance and how the Department utilizes performance 
     metrics and data. NAPA should coordinate with the GAO and the 
     National Academy of Sciences over the course of its study to 
     prevent duplication of effort by using the results of their 
     studies to the extent that they are available. NAPA should 
     submit a report with its findings, conclusions, and 
     recommendations no later than 9 months after the Department 
     has contracted with NAPA pursuant to this directive.


                    Office of the Inspector General

       The conference agreement provides $42,000,000 for the 
     Office of the Inspector General, instead of $41,774,000 as 
     proposed by the House and Senate.

                    Atomic Energy Defense Activities

                National Nuclear Security Administration

       The National Nuclear Security Administration (NNSA), a 
     semi-autonomous agency within the Department of Energy, 
     manages the nation's nuclear weapons programs, nuclear 
     nonproliferation programs, and naval reactors activities.
       The conference agreement provides $11,000,000,000 for the 
     National Nuclear Security Administration.
       Warhead Life Extensions.--The NNSA is directed to fully 
     adhere to the new reporting requirements for early life 
     extension activities contained in the House report beginning 
     with submission of the fiscal year 2013 budget request, and 
     to the reporting requirement for the B61 Life Extension 
     Program in the Senate report within 3 months of enactment. In 
     lieu of the JASON B61 study directed in the Senate report, if 
     the NNSA's selected option for the B61 Life Extension Program 
     includes any nuclear scope, the JASON group of scientific 
     advisors shall submit an assessment by September 1, 2012, to 
     the House and Senate Committees on Appropriations on the 
     extent to which the nuclear scope is needed to enhance the 
     safety, security, and maintainability of a refurbished B61 
     and whether

[[Page H9479]]

     changes to the weapon will affect its long-term safety, 
     security, reliability, and military characteristics.
       Maintenance and Operations.--The conferees support the 
     guidance in the House and Senate reports to establish 
     standardized direct reporting for facility and infrastructure 
     maintenance costs at each site and to identify separate 
     maintenance funding by site in the fiscal year 2014 budget 
     request for Readiness in Technical Base and Facilities.
       Human Capital.--In order to meet human capital requirements 
     for the NNSA sites and to support the NNSA's strategic 
     efforts to strengthen its science, technology, management and 
     engineering base, the NNSA should provide incentives for its 
     management and operations contractors, including those at the 
     production sites, to work with universities and other 
     institutions of higher education
to develop programs 
     that support graduate research assistantships, implement 
     educational programs that meet NNSA technical needs, and 
     implement workforce development initiatives.

                           Weapons Activities

       The conference agreement provides $7,233,997,000 for 
     Weapons Activities, instead of $7,091,661,000 as proposed by 
     the House and $7,190,000,000 as proposed by the Senate.
       Directed Stockpile Work.--The conference agreement provides 
     $1,879,527,000 for Directed Stockpile Work. The NNSA is 
     directed to use $175,000,000 within Stockpile Systems and 
     $64,000,000 within Stockpile Services for surveillance 
     activities. If the NNSA accomplishes the planned scope of 
     surveillance activities more efficiently than estimated, up 
     to 10 percent of the $175,000,000 and $64,000,000 may be 
     reallocated to other activities. The NNSA is directed to 
     provide full funding within amounts provided for Management, 
     Technology, and Production to implement JASON Surety Study 
     recommendations to counter current and future threats to the 
     stockpile. The NNSA is further directed to adhere to the 
     guidance in the Senate report to provide a report on 
     maintaining a pit manufacturing capability to meet stockpile 
     needs to the House and Senate Committees on Appropriations 
     within 3 months of enactment of this Act.
       The conference agreement provides $223,562,000 for the B61 
     Life Extension Program, as requested. Of these funds, 
     $134,137,000 shall not be made available for the B61 Life 
     Extension Program until the NNSA submits to the House and 
     Senate Committees on Appropriations the outcome of the Phase 
     6.2/2A design definition and cost study. The conferees remain 
     concerned about the NNSA's ability to execute its planned 
     scope for the B61 under an affordable life extension program 
     that will meet the requirement to refurbish the first unit by 
     2017.
       The conference agreement provides $99,518,000 for W78 
     Stockpile Systems as proposed by the House, which includes 
     $37,087,000 for a life extension study of the W78 because of 
     delays in commencing the Phase 6.1 study. The conference 
     agreement provides $75,728,000 for W88 Stockpile Systems, 
     which includes $30,000,000 to commence a conceptual study for 
     a minor refurbishment of the W88. The NNSA is directed to 
     maintain separate accounting for the W78 and W88 studies and 
     to identify those costs separately within the budget request 
     for Stockpile Systems.
       Campaigns.--The conference agreement provides 
     $1,701,982,000 for the science, technology and engineering 
     campaigns. The conferees provide $476,274,000 for the 
     Inertial Confinement Fusion and High Yield Campaign, which 
     includes $62,500,000 for Omega at the University of 
     Rochester, $48,000,000 for the Z facility at Sandia National 
     Laboratory, and $5,000,000 for the Naval Research Laboratory, 
     as requested.
       Readiness in Technical Base and Facilities.--The conference 
     agreement provides $2,009,155,000 for Readiness in Technical 
     Base and Facilities. No funding is provided for Institutional 
     Site Support. Historically, the NNSA has used this funding 
     line to mask underfunding in the request for individual site 
     facility operations. More recently, it has pushed the costs 
     of contractor pensions into this activity. Since the 
     conference agreement fully funds operations and maintenance 
     at each site and separately budgets for legacy pensions, this 
     activity is no longer required. Infrastructure activities 
     that are not site specific, such as headquarters contractor 
     support and assessments, may be funded under Program 
     Readiness.
       TRU Waste Facility.--The conferees provide $9,881,000 for 
     Phase A of the TRU Waste Facility project, which consists of 
     site infrastructure preparatory work. No Phase B activities 
     are permitted until a project baseline is completed and 
     provided to the House and Senate Committees on 
     Appropriations.
       Chemistry and Metallurgy Research Replacement (CMRR) 
     Project.--The conference agreement provides $200,000,000. No 
     construction activities are funded for the CMRR-Nuclear 
     Facility during fiscal year 2012.
       Legacy Contractor Pensions.--The conference agreement 
     provides $168,232,000 for Legacy Contractor Pensions to meet 
     the ongoing costs of the University of California contractor 
     defined benefit pension plans. The NNSA requested these funds 
     within Readiness in Technical Base and Facilities and a 
     separate line is provided to improve transparency.
       National Security Applications.--The conference agreement 
     provides $10,000,000, for Advanced Analysis, Tools, and 
     Technologies activities to continue improved support to the 
     intelligence community and to maintain the nuclear technical 
     capabilities for nuclear weapons assessments.

                    Defense Nuclear Nonproliferation


                    (INCLUDING RESCISSION OF FUNDS)

       The conference agreement provides $2,324,303,000 for 
     Defense Nuclear Nonproliferation, instead of $2,091,770,000 
     as proposed by the House and $2,383,300,000 as proposed by 
     the Senate, and rescinds $21,000,000, as proposed by the 
     Senate.
       Nonproliferation and Verification Research and 
     Development.--The conference agreement provides $356,150,000 
     for Nonproliferation and Verification Research and 
     Development. Within this amount, the conferees provide 
     $132,800,000 for Nuclear Detonation Detection, which includes 
     an additional $5,700,000 above the request for underground, 
     underwater, and atmospheric detonation detection. The request 
     included $55,823,000 for legacy contractor pensions that are 
     provided separately, as well as an additional $15,625,000 
     above program needs to meet anticipated growth in contractor 
     defined benefit pension plan costs that are no longer needed.
       Nonproliferation and International Security.--The 
     conference agreement provides $155,305,000 for 
     Nonproliferation and International Security. Within this 
     amount, the conferees provide $14,972,000 for the Global 
     Initiative for Proliferation Prevention.
       Fissile Materials Disposition.--The conference agreement 
     provides $685,386,000 for Fissile Materials Disposition. The 
     conferees provide no construction funding for the Pit 
     Disassembly and Conversion (PDCF) project because the NNSA 
     has not completed a study of alternatives or a conceptual 
     design report with a cost and schedule estimate that is 
     required under Department of Energy guidance. Instead of the 
     Senate requirement for an update of the costs for the PDCF 
     and the MOX Fuel Fabrication Facility, the conferees direct 
     the NNSA to provide a report on the status of plans to 
     provide adequate plutonium feedstock to operate the MOX 
     facility to the House and Senate Committees on Appropriations 
     within 3 months of enactment of this Act. The conferees 
     direct the use of $20,500,000 in prior-year uncommitted 
     balances within U.S. Plutonium Disposition to prepare 
     plutonium feedstock at H-Canyon in fiscal year 2012 and to 
     identify funding for both H-Canyon and ARIES within the 
     fiscal year 2013 budget request.
       Global Threat Reduction Initiative.--The conference 
     agreement provides $500,000,000 for the Global Threat 
     Reduction Initiative. The conference agreement does not 
     include House direction which restricts funding for Domestic 
     Radiological Material Removal.
       Legacy Contractor Pensions.--The conference agreement 
     provides $55,823,000 for Legacy Contractor Pensions to meet 
     the ongoing costs of the legacy University of California 
     defined benefit pension plans. The NNSA requested these funds 
     within Nonproliferation and Verification Research and 
     Development and a separate line is provided to improve 
     transparency.
       Rescission.--The conference agreement rescinds $21,000,000 
     in prior-year balances and directs their application to meet 
     fiscal year 2012 needs as described above.

                             Naval Reactors

       The conference agreement provides $1,080,000,000 for Naval 
     Reactors, instead of $1,030,600,000 as proposed by the House 
     and $1,100,000,000 as proposed by the Senate. The conference 
     agreement does not include House language directing a 
     transition to budgeting by ship system. Funding for Naval 
     Reactors Operations and Maintenance is provided under the 
     following control points starting in fiscal year 2012, in 
     order to improve the transparency of the major multi-year 
     initiatives and to distinguish the cost of operations and 
     infrastructure from the cost of research and development.
       OHIO Replacement Reactor Systems Development.--The 
     conference agreement provides $121,300,000 as requested.
       S8G Prototype Refueling.--The conference agreement provides 
     $99,500,000 as requested.
       Naval Reactors Development.--The conference agreement 
     provides $421,000,000.
       Naval Reactors Operations and Infrastructure.--The 
     conference agreement provides $358,300,000, which includes 
     funding for conceptual design of the Spent Fuel 
     Infrastructure Recapitalization Project at Idaho in order to 
     continue critical path activities.

                      Office of the Administrator

       The conference agreement provides $410,000,000 for the 
     Office of the Administrator, instead of $400,000,000 as 
     proposed by the House and $404,000,000 as proposed by the 
     Senate. The conference agreement includes the requested 
     amount of $6,000,000 for Weapons, $3,000,000 for Defense 
     Nuclear Nonproliferation, and $1,000,000 for Naval Reactors 
     to engage Historically Black Colleges and Universities, and 
     further directs the engagement of Hispanic Serving 
     Institutions and minority outreach at other colleges and 
     universities.
       The conferees are concerned with overlap and duplication 
     between the NNSA Office of Congressional Affairs, the 
     Department of Energy (DOE) Office of Congressional Affairs, 
     and the DOE Chief Financial Officer's External Coordination 
     office (CFO ExCo). The conferees believe that the CFO ExCo 
     can provide appropriate liaison support to the Committees on 
     Appropriations and that one consolidated Congressional 
     Affairs office can provide adequate support to the rest of 
     the legislative branch. The conferees direct the Department 
     to propose a consolidation of the

[[Page H9480]]

     NNSA Congressional Affairs functions into DOE's CFO ExCo, 
     Office of Congressional Affairs, or a combination of both, 
     within 60 days of enactment of this Act. Such consolidation 
     should provide $1-2 million in budgetary savings.

               ENVIRONMENTAL AND OTHER DEFENSE ACTIVITIES

                     Defense Environmental Cleanup

       The conference agreement provides $5,023,000,000 for the 
     Defense Environmental Cleanup program, instead of 
     $4,937,619,000 as proposed by the House and $5,002,308,000 as 
     proposed by the Senate. Within the amounts provided, the 
     Department is directed to fund hazardous waste worker 
     training at $10,000,000. The conferees direct the Department 
     to adhere to the House requirement to report all operating 
     projects with a total project cost greater than $10,000,000 
     no later than 90 days after enactment of this Act.
       Hanford Site.--The conference agreement provides 
     $953,252,000 for the Hanford Site, including $19,540,000 for 
     Richland community and regulatory support. Within this 
     amount, funding is provided for the Hazardous Materials 
     Management and Emergency Response facilities. The conferees 
     provide $68,458,000 to accelerate cleanup of the Plutonium 
     Finishing Plant.
       Idaho National Laboratory.--The conference agreement 
     provides $386,869,000 for Idaho National Laboratory cleanup 
     activities, including $4,100,000 for Idaho community and 
     regulatory support.
       NNSA Sites.--The conference agreement provides $282,393,000 
     for cleanup activities at NNSA sites, including funding for 
     community and regulatory support. Within this amount, the 
     conferees provide $873,000 for Lawrence Livermore National 
     Laboratory, $65,945,000 for the Nevada Test Site, $3,014,000 
     for Sandia National Laboratories, $188,561,000 for Los Alamos 
     National Laboratory, and $24,000,000 to stabilize work at the 
     Separations Process Research Unit following damages that 
     resulted from Hurricane Irene.
       Oak Ridge Reservation.--The conference agreement provides 
     $199,509,000 for the Oak Ridge Reservation, including 
     $6,409,000 for community and regulatory support.
       Office of River Protection.--The conference agreement 
     provides $1,185,000,000 for the Office of River Protection.
       Savannah River Site.--The conference agreement provides 
     $1,193,822,000 for cleanup activities at the Savannah River 
     Site, including $9,584,000 for community and regulatory 
     support.
       Waste Isolation Pilot Plant.--The conference agreement 
     provides $215,134,000 for the Waste Isolation Pilot Plant. No 
     funding is provided for voluntary payments of economic 
     assistance.
       Use of prior-year balances.--The conference agreement 
     directs the use of $3,381,000 in prior-year balances to meet 
     fiscal year 2012 needs as described above.

                        Other Defense Activities

       The conference agreement provides $823,364,000 for Other 
     Defense Activities, instead of $814,000,000 as proposed by 
     the House and $819,000,000 as proposed by the Senate.
       Office of Health, Safety, and Security.--The conference 
     agreement provides $437,436,000 for the Office of Health, 
     Safety, and Security. Within this amount, $186,699,000 is 
     provided for Specialized Security Activities.

                    POWER MARKETING ADMINISTRATIONS

                  Bonnevile Power Administration Fund

       The conference agreement provides no appropriation for the 
     Bonneville Power Administration, which derives its funding 
     from revenues deposited into the Bonneville Power 
     Administration Fund. The Act includes a provision regarding 
     funds for official reception and representation expenses as 
     proposed by the Senate. The House proposed a similar 
     provision.

      Operation and Maintenance, Southeastern Power Administration

       The conference agreement provides a net appropriation of $0 
     for the Southeastern Power Administration as proposed by the 
     House and Senate. An additional $1,000,000 is recorded 
     separately as a scorekeeping adjustment.

      Operation and Maintenance, Southwestern Power Administration

       The conference agreement provides a net appropriation of 
     $11,892,000 for the Southwestern Power Administration, as 
     proposed by the House and Senate.

21Construction, Rehabilitation, Operation and Maintenance, Western Area 
                          Power Administration

       The conference agreement provides a net appropriation of 
     $95,968,000 for the Western Area Power Administration, as 
     proposed by the House and Senate. An additional $3,000,000 is 
     recorded separately as a scorekeeping adjustment.

           Falcon and Amistad Operating and Maintenance Fund

       The conference agreement provides a net appropriation of 
     $220,000 for the Falcon and Amistad Operating and Maintenance 
     Fund, as proposed by the House and Senate. An additional 
     $1,000,000 is recorded separately as a scorekeeping 
     adjustment.

                  Federal Energy Regulatory Commission


                         SALARIES AND EXPENSES

       The conference agreement provides $304,600,000 for the 
     Federal Energy Regulatory Commission (FERC), as proposed by 
     the House and Senate. Revenues for FERC are set to an amount 
     equal to the budget authority, resulting in a net 
     appropriation of $0. The Act does not include language 
     proposed by the Senate directing a rulemaking.
       The conferees are aware of significant local concerns with 
     the process for developing, reviewing and approving shoreline 
     management plans at Smith Mountain Lake and Lake of the 
     Ozarks. As the licensees develop and FERC reviews and 
     approves shoreline management plans, both parties must not 
     only ensure the continued unimpeded operation of the project, 
     but also recognize the rights and concerns of private 
     property owners and local communities. The parties should 
     develop innovative and mutually agreeable solutions to 
     resolve conflicts among project purposes and private 
     property, which should be implemented without delay. The 
     conferees note that several options already exist for 
     resolving such conflicts--such as realigning project 
     boundaries, grandfathering non-conforming structures, or 
     conveying the disputed property--and that the removal of 
     private structures should only be required, if at all, when 
     all other options are inadequate. The conferees direct FERC 
     to review the shoreline management plan process to identify 
     any improvements that could be made to address local concerns 
     at each stage of the process and to submit to the appropriate 
     congressional committees a report detailing any 
     administrative changes to be undertaken as well as any 
     recommended legislative changes that may be necessary.

                GENERAL PROVISIONS--DEPARTMENT OF ENERGY


              (INCLUDING RESCISSION AND TRANSFER OF FUNDS)

       The conference agreement includes a modification to the 
     House provision regarding reprogramming of funds. The Senate 
     proposed no similar provision.
       The conference agreement does not include a provision 
     proposed by the House regarding workforce restructuring. The 
     Senate proposed no similar provision. The conferees expect 
     the Department to continue to follow the guidelines 
     established by this provision.
       The conference agreement includes a provision proposed by 
     the House and Senate relating to unexpended balances.
       The conference agreement includes a provision proposed by 
     the Senate specifically authorizing intelligence activities 
     pending enactment of the fiscal year 2012 Intelligence 
     Authorization Act. The House proposed a similar provision.
       The conference agreement does not include a House provision 
     regarding Bonneville Power Administration energy efficiency 
     services, although the conferees expect the BPA to continue 
     to follow the guidelines established by that provision. The 
     Senate proposed no similar provision.
       The conference agreement includes a provision proposed by 
     the Senate relating to a future-years energy program. The 
     House proposed no similar provision.
       The conference agreement does not include a provision 
     proposed by the House and Senate directing the governance of 
     user facilities. The conferees expect the Department to 
     continue to follow the guidelines established by this 
     provision.
       The conference agreement includes a provision proposed by 
     the Senate relating to loan guarantee co-pay. The House 
     proposed no similar provision.
       The conference agreement does not include a provision 
     proposed by the House that establishes certain limitations 
     and requirements with respect to the transfer of funds by the 
     Secretary of Energy to reimburse the costs of defined 
     benefits pension plans for contractor employees. This 
     provision is now contained in current law. The Senate 
     proposed no similar provision.
       The conference agreement includes a provision proposed by 
     the House establishing estimated cost parameters for plant 
     and construction activities for the purposes of sections 4703 
     and 4704 of the Atomic Energy Defense Act.
       The conference agreement modifies a provision proposed by 
     the Senate relating to the minor construction threshold for 
     the Bonneville Power Administration. The House proposed no 
     similar provision.
       The conference agreement includes a provision proposed by 
     the House that prohibits the use of funds in this title for 
     capital construction of high hazard nuclear facilities, 
     unless certain independent oversight is conducted. The Senate 
     proposed no similar provision.
       The conference agreement does not include a provision 
     proposed by the Senate relating to the Ultra-Deepwater and 
     Unconventional Natural Gas and Other Petroleum Research Fund. 
     The House proposed no similar provision.
       The conference agreement modifies a provision proposed by 
     the Senate related to contractor pay freeze. The House 
     proposed no similar provision.
       The conference agreement includes a provision proposed by 
     the House that prohibits the use of funds to approve critical 
     decision-2 or critical decision-3 for certain construction 
     projects, unless a separate independent cost estimate has 
     been developed for that critical decision.
       The conference agreement modifies a provision proposed by 
     the House that establishes certain notification requirements 
     that must be fulfilled before any funds may be used to make 
     certain awards, allocations, agreements, or public 
     announcements. The Senate proposed no similar provision.
       The conference agreement includes a provision proposed by 
     the Senate relating to the

[[Page H9481]]

     barter of uranium. The House proposed no similar provision.
       The conference agreement does not include a provision 
     relating to loan guarantee notifications. The Senate proposed 
     no similar provision.
       The conference agreement includes a provision proposed by 
     the House regarding the weatherization program eligibility 
     cap. The Senate proposed no similar provision.
       The conference agreement includes a provision proposed by 
     the Senate on lighting standards. The House proposed no 
     similar provision.
       The conference agreement includes a provision proposed by 
     the House prohibiting funds to implement or enforce higher 
     efficiency light bulb standards. The Senate proposed no 
     similar provision.
       The conference agreement modifies a provision proposed by 
     the Senate relating to the third-party use of metering 
     stations for the Strategic Petroleum Reserve. The House 
     proposed no similar provision.
       The conference agreement does not include a provision 
     proposed by the House relating to significant regulatory 
     actions. The Senate proposed no similar provision.

[[Page H9482]]

     [GRAPHIC] [TIFF OMITTED] TH15DE11.262
     


[[Page H9483]]

     [GRAPHIC] [TIFF OMITTED] TH15DE11.263
     


[[Page H9484]]

     [GRAPHIC] [TIFF OMITTED] TH15DE11.264
     


[[Page H9485]]

     [GRAPHIC] [TIFF OMITTED] TH15DE11.265
     


[[Page H9486]]

     [GRAPHIC] [TIFF OMITTED] TH15DE11.266
     


[[Page H9487]]

     [GRAPHIC] [TIFF OMITTED] TH15DE11.267
     


[[Page H9488]]

     [GRAPHIC] [TIFF OMITTED] TH15DE11.268
     


[[Page H9489]]

     [GRAPHIC] [TIFF OMITTED] TH15DE11.269
     


[[Page H9490]]

     [GRAPHIC] [TIFF OMITTED] TH15DE11.270
     


[[Page H9491]]

     [GRAPHIC] [TIFF OMITTED] TH15DE11.271
     


[[Page H9492]]

     [GRAPHIC] [TIFF OMITTED] TH15DE11.272
     


[[Page H9493]]

     [GRAPHIC] [TIFF OMITTED] TH15DE11.273
     


[[Page H9494]]

     [GRAPHIC] [TIFF OMITTED] TH15DE11.274
     


[[Page H9495]]

     [GRAPHIC] [TIFF OMITTED] TH15DE11.275
     


[[Page H9496]]

     [GRAPHIC] [TIFF OMITTED] TH15DE11.276
     


[[Page H9497]]

                                TITLE IV

                          INDEPENDENT AGENCIES

                    Appalachian Regional Commission

       The conference agreement provides $68,263,000 for the 
     Appalachian Regional Commission, instead of $68,400,000 as 
     proposed by the House and $58,024,000 as proposed by the 
     Senate.

                Defense Nuclear Facilities Safety Board


                         SALARIES AND EXPENSES

       The conference agreement provides $29,130,000 for the 
     Defense Nuclear Facilities Safety Board, as proposed by the 
     House and Senate. The conferees direct the Board to enter 
     into an agreement for fiscal years 2012 and 2013 with the 
     Office of Inspector General for the Nuclear Regulatory 
     Commission. The conferees direct the Board to enter into an 
     enduring procurement with a provider of inspector general 
     services thereafter.

                        Delta Regional Authority


                         SALARIES AND EXPENSES

       The conference agreement provides $11,677,000 for the Delta 
     Regional Authority, instead of $11,700,000 as proposed by the 
     House and $9,925,000 as proposed by the Senate.

                           Denali Commission

       The conference agreement provides $10,679,000 for the 
     Denali Commission, instead of $10,700,000 as proposed by the 
     House and $9,077,000 as proposed by the Senate.

                  Northern Border Regional Commission

       The conference agreement provides $1,497,000 for the 
     Northern Border Regional Commission, instead of $1,350,000 as 
     proposed by the House and $1,275,000 as proposed by the 
     Senate.

                 Southeast Crescent Regional Commission

       The conference agreement provides $250,000 for the 
     Southeast Crescent Regional Commission, as proposed by the 
     House, instead of $213,000 as proposed by the Senate.

                     Nuclear Regulatory Commission


                         SALARIES AND EXPENSES

       The conference agreement provides $1,027,240,000 for the 
     Nuclear Regulatory Commission (NRC) salaries and expenses, as 
     proposed by the Senate, instead of $1,037,240,000 as proposed 
     by the House. This amount is offset by estimated revenues of 
     $899,726,000, resulting in a net appropriation of 
     $127,514,000. The fee recovery is consistent with that 
     authorized by section 637 of the Energy Policy Act of 2005. 
     The conference agreement does not include $20,000,000 to be 
     made available from the Nuclear Waste Fund to support the 
     geological repository for nuclear fuel and waste, as proposed 
     by the House. The Senate proposed no similar provision.
       The conference agreement includes a National Academy of 
     Sciences study of the lessons learned from the events at the 
     Fukushima nuclear plant, as proposed by the Senate. The 
     Commission is directed to transfer $2,000,000 to the National 
     Academy of Sciences for this study within 30 days of 
     enactment of this Act.
       The conference agreement includes $15,000,000, as proposed 
     by the House, to support university education programs 
     relevant to the NRC mission, of which not less than 
     $5,000,000 is for grants to support research projects that do 
     not align with programmatic missions but are critical to 
     maintaining the discipline of nuclear science and 
     engineering.
       The conferees recognize the progress that the Nuclear 
     Regulatory Commission has made on the recommendations of the 
     Near Term Task Force. Commission staff has proposed a 
     prioritized list of the Task Force recommendations that 
     reflects the order regulatory actions are to be taken. The 
     conferees direct the Commission to implement these 
     recommendations consistent with, or more expeditiously than, 
     the ``schedules and milestones'' proposed by NRC staff on 
     October 3, 2011. The conferees direct the Commission to 
     maintain an implementation schedule such that the remaining 
     recommendations (not identified as Tier 1 priorities) will be 
     evaluated and acted upon as expeditiously as practicable. The 
     conferees request that the Commission provide a written 
     status report to the House and Senate Committees on 
     Appropriations on its implementation of the Task Force 
     recommendations on the one year anniversary of the Fukushima 
     disaster.


                      OFFICE OF INSPECTOR GENERAL

       The conference agreement includes $10,860,000 for the 
     Office of the Inspector General in the Nuclear Regulatory 
     Commission, as proposed by the House and Senate. This amount 
     is offset by revenues of $9,774,000, for a net appropriation 
     of $1,086,000.

                  Nuclear Waste Technical Review Board


                         SALARIES AND EXPENSES

       The conference agreement provides $3,400,000 for the 
     Nuclear Waste Technical Review Board, as proposed by the 
     House and Senate.

Office of the Federal Coordinator for Alaska Natural Gas Transportation 
                                Projects

       The conference agreement provides $1,000,000 for the Office 
     of the Federal Coordinator for Alaska Natural Gas 
     Transportation Projects, as proposed by the Senate, instead 
     of $4,032,000 as proposed by the House. The conference 
     agreement does not include a House provision addressing 
     excess fees.

                GENERAL PROVISIONS--INDEPENDENT AGENCIES

       The conference agreement modifies a provision proposed by 
     the House relating to the Nuclear Regulatory Commission. The 
     Senate proposed no similar provision.
       The conference agreement does not include a provision 
     proposed by the Senate relating to spent fuel pools. Language 
     addressing this issue is included under the heading ``Nuclear 
     Regulatory Commission--Salaries and Expenses'' in the 
     Statement of Managers.
       The conferees include a modified Senate provision regarding 
     certain NRC requirements. The House proposed no similar 
     provision. The conferees intend that licensees proactively 
     evaluate new information and, where necessary, improve their 
     facilities to keep them current with all NRC requirements 
     relevant to their licenses, including all updates, and urge 
     the NRC to continue its efforts to ensure all license 
     requirements are updated to incorporate the latest knowledge 
     of external hazards facing each site.

                                TITLE V

                           GENERAL PROVISIONS

       The conference agreement includes a provision proposed by 
     the House and Senate relating to lobbying restrictions.
       The conference agreement includes a provision proposed by 
     the House and Senate relating to transfer authority.
       The conference agreement does not include a provision 
     proposed by the House prohibiting funds to be provided in 
     contravention of section 6(b) of the Iran Sanctions Act. The 
     Senate proposed no similar provision. The conferees direct 
     the Administration to continue to follow these requirements.
       The conference agreement includes a provision proposed by 
     the House requiring new federal hires to be vetted through 
     the E-Verify Program. The Senate proposed no similar 
     provision.
       The conference agreement modifies a provision proposed by 
     the House prohibiting the government from entering into 
     contracts or agreements with any corporation that was 
     convicted of a felony criminal violation under any federal 
     law within the preceding 24 months. The Senate proposed no 
     similar provision.
       The conference agreement modifies a provision proposed by 
     the House prohibiting funds for contracts or agreements with 
     entities with unpaid federal tax liabilities that have not 
     entered into payment agreements to remedy the liability. The 
     Senate proposed no similar provision.
       The conference agreement does not include a provision 
     proposed by the House regarding the amount within the 
     Spending Reduction Account. The Senate proposed no similar 
     provision.
       The conference agreement does not include a provision 
     proposed by the House relating to the use of firearms on 
     Corps of Engineers land. The Senate proposed no similar 
     provision.
       The conference agreement does not include a provision 
     proposed by the House prohibiting funds made available for 
     the Science account to be used in contravention of the 
     Department of Energy Organization Act. The Senate proposed no 
     similar provision.
       The conference agreement does not include a provision 
     proposed by the House relating to the McNary Shoreline 
     Management Plan. The Senate proposed no similar provision. 
     The conferees note that concerns remain regarding the most 
     recent plan and direct the Corps to continue working with 
     residents to address these issues.
       The conference agreement does not include a provision 
     proposed by the House prohibiting the use of funds to move 
     the Office of Environmental Management under the Under 
     Secretary for Nuclear Energy of the Department of Energy. The 
     Senate proposed no similar provision.
       The conference agreement does not include a provision 
     proposed by the House relating to the lease or purchase of 
     new light duty vehicles. The Senate proposed no similar 
     provision.
       The conference agreement does not include a provision 
     proposed by the House relating to reintroduction of salmon in 
     the San Joaquin River. The Senate proposed no similar 
     provision.
       The conference agreement does not include a provision 
     proposed by the House prohibiting funds to enforce section 
     526 of the Energy Independence and Security Act. The Senate 
     proposed no similar provision. The conferees agree that 
     increased energy self-sufficiency is an important national 
     goal and the Department of Energy should continue to focus on 
     research, development and government procurements that 
     further progress towards that end.
       The conference agreement does not include a provision 
     proposed by the House prohibiting development of a proposal 
     to expand the authorized uses of the Harbor Maintenance Trust 
     Fund. The Senate proposed no similar provision. The conferees 
     support language in the House report opposing the diversion 
     of revenue from existing authorized purposes, namely 
     maintenance dredging, and in light of widespread 
     congressional opposition to the budget proposal, suggest a 
     wiser course of action would be to focus on utilizing the 
     annual receipts for additional harbor dredging work rather 
     than allowing the balance in the Trust Fund to continue to 
     increase.
       The conference agreement does not include a provision 
     proposed by the House prohibiting funds for International 
     activities at the Office of Energy Efficiency and Renewable 
     Energy of the Department of Energy in China. The Senate 
     proposed no similar provision.

[[Page H9498]]

       The conference agreement includes a provision proposed by 
     the House prohibiting funds to be used in contravention of 
     the executive order entitled ``Federal Actions to Address 
     Environmental Justice in Minority Populations and Low-Income 
     Populations''. The Senate proposed no similar provision.
       The conference agreement does not include a provision 
     proposed by the House transferring funds between accounts for 
     the Department of Energy. The Senate proposed no similar 
     provision.
       The conference agreement does not include a provision 
     proposed by the House transferring funds between accounts for 
     the Corps of Engineers. The Senate proposed no similar 
     provision.
       The conference agreement does not include a provision 
     proposed by the House prohibiting salaries for recess-
     appointed Presidential appointees who fall under certain 
     exemptions to Senate confirmation. The Senate proposed no 
     similar provision.
       The conference agreement does not include a provision 
     proposed by the House prohibiting funds for International 
     activities of the Office of Energy Efficiency and Renewable 
     Energy at the Department of Energy, except for the U.S.-
     Israel program. The Senate proposed no similar provision.
       The conference agreement does not include a provision 
     proposed by the House prohibiting funds in this bill from 
     being used to close the Yucca Mountain license application 
     process until a specific condition is met or for actions that 
     would remove the possibility that Yucca Mountain might be an 
     option in the future. The Senate proposed no similar 
     provision.
       The conference agreement does not include a provision 
     proposed by the House prohibiting funds to implement any new 
     requirement regarding the disclosure of political 
     contributions. The Senate proposed no similar provision.

                               TITLE V/VI

           EMERGENCY SUPPLEMENTAL FUNDING FOR DISASTER RELIEF

       The conference agreement does not include funding for the 
     Corps of Engineers for disaster-related work as proposed in 
     Title V of the House bill and Title VI of the Senate bill. 
     Additional funding to address these needs will be considered 
     separately. 

[[Page H9499]]

     [GRAPHIC] [TIFF OMITTED] TH15DE11.277
     
      

[[Page H9500]]

     [GRAPHIC] [TIFF OMITTED] TH15DE11.278
     
      

[[Page H9501]]

     [GRAPHIC] [TIFF OMITTED] TH15DE11.279
     
      

[[Page H9502]]

     [GRAPHIC] [TIFF OMITTED] TH15DE11.280
     
      

[[Page H9503]]

     [GRAPHIC] [TIFF OMITTED] TH15DE11.281
     
      

[[Page H9504]]

     [GRAPHIC] [TIFF OMITTED] TH15DE11.282
     
      

[[Page H9505]]

     [GRAPHIC] [TIFF OMITTED] TH15DE11.283
     
      

[[Page H9506]]

     [GRAPHIC] [TIFF OMITTED] TH15DE11.284
     
      

[[Page H9507]]

     [GRAPHIC] [TIFF OMITTED] TH15DE11.285
     
      

[[Page H9508]]

     [GRAPHIC] [TIFF OMITTED] TH15DE11.286
     
      

[[Page H9509]]

     [GRAPHIC] [TIFF OMITTED] TH15DE11.287
     
      

[[Page H9510]]

     [GRAPHIC] [TIFF OMITTED] TH15DE11.288
     


[[Page H9511]]

 Division C--Financial Services and General Government Appropriations 
                               Act, 2012

       References in this statement to the Senate bill are to the 
     bill (S. 1573) as reported to the Senate by the Committee on 
     Appropriations on September 15, 2011 (S. Rept. 112-79). 
     References to the House bill are to the bill (H.R. 2434) as 
     reported to the House by the Committee on Appropriations on 
     July 7, 2011 (H. Rept. 112-136).
       Language included in House Report 112-136 or Senate Report 
     112-79 that is not changed by this joint explanatory 
     statement is approved by the committee of conference. This 
     explanatory statement, while repeating some report language 
     for emphasis, is not intended to negate the language in the 
     referenced House and Senate committee reports unless 
     expressly provided herein.
       Where the House or Senate has directed submission of a 
     report, that report is to be submitted to the Committees on 
     Appropriations of both the House of Representatives and the 
     Senate.

                                TITLE I

                       DEPARTMENT OF THE TREASURY

                          DEPARTMENTAL OFFICES


                         SALARIES AND EXPENSES

       The conference agreement provides $308,388,000 for 
     departmental offices salaries and expenses, instead of 
     $185,749,000 as proposed by the House and $306,388,000 as 
     proposed by the Senate.
       Within the amount provided under this heading, the 
     conference agreement provides $100,000,000 for the Office of 
     Terrorism and Financial Intelligence and within that amount 
     no more than $26,608,000 for administrative expenses. The 
     conference agreement also provides full funding for the 
     Secretary's security and travel, both domestic and 
     international (including civilian and military).
       Judgment Fund.--The conferees adopt the House report 
     language regarding the Judgment Fund, except that the first 
     report is due within 180 days of enactment of this Act and 
     annually thereafter.
       Volcker Rule.--The conferees note that consistent with 
     Public Law 111-203, the appropriate Federal banking 
     regulators and the U.S. Securities and Exchange Commission 
     proposed regulations implementing the ``Volcker Rule,'' and 
     the U.S. Commodity Futures Trading Commission is expected to 
     propose a similar rule, that appropriately accommodates the 
     business of insurance by permitting trading by a regulated 
     insurance company for its general account. These 
     accommodations are subject to subsections (d)(1)(F) and 
     (d)(2)(A) of section 13 (or ``sections 13(d)(1)(F) and 
     13(d)(2)(A)'') of the Bank Holding Company Act of 1956.
       Economic Sanctions and Divestments.--The conferees direct 
     the Department to fully implement the sanctions and 
     divestment measures applicable to North Korea, Burma, 
     Belarus, Iran, Sudan, and Zimbabwe. The Department is further 
     directed to promptly notify the Appropriations Committees of 
     any resource constraints that adversely impact the 
     implementation of these sanctions programs.
       Management of Capital Investments.--The conferees reiterate 
     the Senate report language regarding management of capital 
     investments and direct the Department to continue improving 
     the management of capital investments, specifically focusing 
     on integrating all of the Department's bureaus into 
     improvement efforts and institutionalizing improvements so 
     that taxpayers will benefit from better management of future 
     capital projects. The conferees note that section 121 of this 
     Act requires the Secretary of the Treasury to develop an 
     annual Capital Investment Plan, to be submitted to the 
     Committees on Appropriations of the Senate and the House of 
     Representatives within 30 days following submission of the 
     President's annual budget request. The conferees direct the 
     Office of the Chief Information Officer to ensure that 
     adequate resources are devoted both to projects in the 
     capital phase and to proper maintenance and modernization of 
     existing systems and to ensure that all projects are tracked 
     properly and described completely in the annual Capital 
     Investment Plan.


                      OFFICE OF INSPECTOR GENERAL

                         SALARIES AND EXPENSES

       The conference agreement provides $29,641,000 for the 
     Office of Inspector General as proposed by the House and the 
     Senate.


           TREASURY INSPECTOR GENERAL FOR TAX ADMINISTRATION

                         SALARIES AND EXPENSES

       The conference agreement provides $151,696,000 for salaries 
     and expenses of the Treasury Inspector General for Tax 
     Administration as proposed by the House and the Senate.


    SPECIAL INSPECTOR GENERAL FOR THE TROUBLED ASSET RELIEF PROGRAM

                         SALARIES AND EXPENSES

       The conference agreement provides $41,800,000 for salaries 
     and expenses of the Office of the Special Inspector General 
     for the Troubled Asset Relief Program (SIGTARP) as proposed 
     by the Senate, instead of $41,801,000 as proposed by the 
     House.

                  Financial Crimes Enforcement Network


                         SALARIES AND EXPENSES

       The conference agreement provides $110,788,000 for salaries 
     and expenses of the Financial Crimes Enforcement Network 
     (FinCEN), as proposed by the House and the Senate.
       The conferees reiterate the House and Senate language 
     rejecting the Administration's proposed $3 million in 
     reductions for State and local and intelligence community 
     access to Bank Secrecy Act information and the Senate 
     language rejecting the Administration's proposal to fund a 
     portion of FinCEN's needs in fiscal year 2012 using proceeds 
     from the Treasury Forfeiture Fund.

                        Treasury Forfeiture Fund


                              (RESCISSION)

       The conference agreement includes a rescission of 
     $950,000,000 of the unobligated balances in the Treasury 
     Forfeiture Fund.
       The funds collected, disbursed and rescinded out of the 
     Treasury Forfeiture Fund (the Fund) are incidental to law 
     enforcement priorities that led to the seizures and 
     forfeitures. Disrupting and dismantling criminal 
     organizations that pose the greatest threat to public safety 
     and security is the highest priority of any law enforcement 
     agency. The Fund can ensure resources are managed efficiently 
     to cover the costs of an effective asset seizure and 
     forfeiture program, including the costs of seizing, 
     evaluating, inventorying, maintaining, protecting, 
     advertising, forfeiting and disposing of property, but it 
     must not be used to augment agency funding or to circumvent 
     the appropriations process. Reliance on the Fund to offset 
     the day-to-day operations, or to pay for new activities, 
     creates an incentive to pursue cases suspected of high valued 
     forfeitures rather than to target individuals or 
     organizations that perpetrate the worst crimes against 
     society.
       In addition to the Department of Treasury, the Department 
     of Homeland Security is the other primary participant in the 
     Fund since it does not have the authority or expertise to 
     operate its own forfeiture fund. In fiscal year 2010, the 
     Department of Homeland Security activities resulted in 
     approximately 30 percent of the collections to the Fund and 
     accounted for approximately 50 percent of the costs incurred 
     by the Fund. In recent years, the available balances in the 
     Fund have increased as the Federal Government has taken 
     enforcement actions against large banks, increasing the 
     surplus funding available. This surplus funding can either be 
     used to fund law enforcement expenses to enhance forfeiture 
     capabilities, be held in reserve or be rescinded. In 
     considering the allocation of super surplus balances or 
     rescission of resources in the Fund, the conferees direct the 
     Administration not to use a formulaic approach where agencies 
     that conduct seizures automatically get to spend or rescind 
     surplus balances. The resources in the Fund should not be 
     considered a ``bounty'' for the collecting agencies. Future 
     proposed rescissions and super surplus spending requests 
     should be based on programmatic need and funding priorities 
     not a predetermined formula. Using a formulaic approach, such 
     as distributing super surplus funds and rescissions in 
     proportion to an agency's collections, would distort the role 
     of the Fund.

                      Financial Management Service


                         SALARIES AND EXPENSES

       The conference agreement provides $217,805,000 for salaries 
     and expenses of the Financial Management Service as proposed 
     by the Senate instead of $216,617,000 as proposed by the 
     House.

                Alcohol and Tobacco Tax and Trade Bureau


                         SALARIES AND EXPENSES

       The conference agreement provides $99,878,000 for salaries 
     and expenses of the Alcohol and Tobacco Tax and Trade Bureau 
     as proposed by the Senate instead of $96,899,000 as proposed 
     by the House. Within this amount, $2,000,000 is for the cost 
     of special law enforcement agents to target tobacco smuggling 
     and other criminal diversion activities.

                           United States Mint


               UNITED STATES MINT PUBLIC ENTERPRISE FUND

       The conference agreement provides that not more than 
     $20,000,000 in new liabilities and obligations may be 
     incurred during fiscal year 2012 for circulating coinage and 
     protective service capital investments of the U.S. Mint, as 
     proposed by the House and the Senate.

                       Bureau of the Public Debt


                     ADMINISTERING THE PUBLIC DEBT

       The conference agreement provides $173,635,000 for costs 
     associated with administering the public debt, as proposed by 
     the Senate instead of the $171,979,000 as proposed by the 
     House. Within this amount, $10,000,000 is available until 
     September 30, 2014, to reduce improper payments. The 
     conference agreement further directs that $8,000,000 in user 
     fees be used to offset the appropriated amounts.

   Community Development Financial Institutions Fund Program Account

       The conference agreement provides $221,000,000 for the 
     Community Development Financial Institutions (CDFI) Fund 
     program.
       The conference agreement waives the matching fund 
     requirement for the Small and/or Emerging CDFI applicants 
     (SECA) and the Native Initiatives for only one year. SECAs 
     are insured depository institutions and depository 
     institution holding companies with total assets up to $250 
     million, insured credit unions with total assets up to $10 
     million, venture capital funds with total assets up to $10 
     million, or other type of certified/certifiable CDFI with 
     total assets up to

[[Page H9512]]

     $5 million as of September 30, 2011, or began operations on 
     or after January 1, 2008.
       The conference agreement designates no funding for the Bank 
     on USA Initiative.

                        Internal Revenue Service


                           TAXPAYER SERVICES

       The conference agreement provides $2,239,703,000 for 
     Internal Revenue Service (IRS) Taxpayer Services. Within the 
     overall amount, not less than $9,750,000 is for low-income 
     taxpayer clinic grants, and not less than $5,600,000 is for 
     the Tax Counseling for the Elderly program. Not less than 
     $205,000,000 is provided for operating expenses of the IRS 
     Taxpayer Advocate Service.
       In addition, within the overall amount provided, 
     $12,000,000, available until September 30, 2013, is included 
     for the Community Volunteer Income Tax Assistance (VITA) 
     matching grants program.


                              ENFORCEMENT

       The conference agreement provides $5,299,367,000 for 
     Enforcement.


                           OPERATIONS SUPPORT

       The conference agreement provides $3,947,416,000 for 
     Operations Support.
       Information Technology Reports.--The conferees direct the 
     IRS to submit quarterly reports to the Committees on 
     Appropriations and the Government Accountability Office 
     (GAO), with the first such report due no later than two weeks 
     after March 31, 2012. The conferees expect the reports to 
     include a detailed, plain English explanation of the cost and 
     schedule for the previous three months and a description of 
     the expected cost and schedule for the upcoming three months 
     for the following major information technology project 
     activities: IRS.gov; Returns Remittance Processing; EDAS/IPM; 
     Information Returns and Document Matching; E-services; and 
     other projects associated with significant changes in law. 
     The conferees further direct GAO to review and provide an 
     annual report to the Committees on the cost and schedule of 
     activities of all major IRS information technology projects 
     for the year, with particular focus on the projects about 
     which the IRS is providing quarterly reports to the 
     Committees.


                     BUSINESS SYSTEMS MODERNIZATION

       The conference agreement provides $330,210,000 for Business 
     Systems Modernization (BSM).
       Information Technology Reports.--The conferees direct the 
     IRS to submit quarterly reports to the Committees on 
     Appropriations and the Government Accountability Office 
     (GAO), with the first such report due no later than two weeks 
     after March 31, 2012. The conferees expect the reports to 
     include a detailed, plain English explanation of the cost and 
     schedule of CADE2 and MeF activities for the previous three 
     months and a description of the expected cost and schedule 
     for the upcoming three months. The conferees further direct 
     GAO to review and provide an annual report to the Committees 
     on the cost and schedule of CADE2 and MeF activities for the 
     year.


          ADMINISTRATIVE PROVISIONS--INTERNAL REVENUE SERVICE

                     (INCLUDING TRANSFER OF FUNDS)

       The conferees agree to the following provisions:
       Section 101 provides transfer authority.
       Section 102 requires the IRS to maintain training in 
     taxpayer rights.
       Section 103 requires the IRS to safeguard taxpayer 
     information and to protect taxpayers against identity theft.
       Section 104 permits funding for 1-800 help line services 
     for taxpayers and directs the Commissioner to make improving 
     phone service a priority.


         ADMINISTRATIVE PROVISIONS--DEPARTMENT OF THE TREASURY

                     (INCLUDING TRANSFERS OF FUNDS)

       The conferees agree to the following provisions:
       Section 105 allows Treasury to use funds for certain 
     specified expenses.
       Section 106 allows for the transfer of up to 2 percent of 
     funds between ``Departmental Offices'' and the various 
     Treasury bureaus, except the IRS.
       Section 107 allows for the transfer of up to 2 percent from 
     the IRS accounts to TIGTA.
       Section 108 directs that the purchase of vehicles be 
     consistent with vehicle management principles.
       Section 109 prohibits funding to redesign the $1 note.
       Section 110 allows for the transfer of funds from 
     ``Financial Management Service, Salaries and Expenses'' to 
     the Debt Collection Fund conditional on future reimbursement.
       Section 111 extends a pay demonstration program for one 
     year.
       Section 112 prohibits funds to build a United States Mint 
     museum without the approval of the House and Senate 
     Committees on Appropriations and the authorizing committees 
     of jurisdiction.
       Section 113 prohibits funding for consolidating the 
     functions of the United States Mint and the Bureau of 
     Engraving and Printing without the approval of the House and 
     Senate Committees on Appropriations and the authorizing 
     committees of jurisdiction.
       Section 114 specifies that funds for Treasury intelligence 
     activities are deemed to be specifically authorized until 
     enactment of the fiscal year 2012 intelligence authorization 
     act.
       Section 115 permits the Bureau of Engraving and Printing to 
     use up to $5,000 from the Industrial Revolving Fund for 
     reception and representation expenses.
       Section 116 removes the 4 year limit on currency paper 
     contracts.
       Section 117 requires persons who exchange $10,000 or more 
     in mutilated cash to provide the Bureau of Engraving and 
     Printing with a taxpayer identification number.
       Section 118 concerns disclosure prohibitions with regards 
     to FinCEN activities.
       Section 119 concerns disclosure of FinCEN activities.
       Section 120 provides FinCEN with access to certain reports 
     of cash payments that are only filed with the IRS.
       Section 121 requires the Secretary to submit a Capital 
     Investment Plan.

                                TITLE II

    EXECUTIVE OFFICE OF THE PRESIDENT AND FUNDS APPROPRIATED TO THE 
                               PRESIDENT

                     Compensation of the President

       The conference agreement provides $450,000 for compensation 
     of the President as proposed by the Senate. The House 
     proposed funding this mandatory cost as a general provision.

                            The White House


                         SALARIES AND EXPENSES

       The conference agreement provides $56,974,000 for the 
     salaries and expenses of the White House, instead of 
     $55,513,000 as proposed by the House and $57,851,000 as 
     proposed by the Senate.
       The conferees note that a lengthy clearance process at the 
     Executive Office of the President (EOP) often delays 
     submission of information requested by the Committees on 
     Appropriations. The conferees expect EOP to respond to such 
     requests in a timely manner because such information is 
     critical to the Committees' ability to make informed 
     budgetary decisions. In that regard, the conferees have 
     encountered particular difficulty in receiving timely and 
     comprehensive responses to requests for information from the 
     Office of National Drug Control Policy (ONDCP) and therefore, 
     direct EOP to remedy this issue. Language has also been 
     included on this topic in the ONDCP section.

                 Executive Residence at the White House


                           OPERATING EXPENSES

       The conference agreement provides $13,425,000 for the 
     Executive Residence at the White House, instead of 
     $12,989,000 as proposed by the House and $13,536,000 as 
     proposed by the Senate.

                   White House Repair and Restoration

       The conference agreement provides $750,000 for repair, 
     alteration and improvement of the Executive Residence at the 
     White House, instead of $1,000,000 as proposed by the House 
     and $990,000 as proposed by the Senate.

                      Council of Economic Advisers


                         SALARIES AND EXPENSES

       The conference agreement provides $4,192,000 for the 
     salaries and expenses of the Council of Economic Advisers as 
     proposed by the Senate, instead of $3,982,000 as proposed by 
     the House.

        National Security Council and Homeland Security Council


                         SALARIES AND EXPENSES

       The conference agreement provides $13,048,000 for the 
     salaries and expenses of the National Security Council and 
     Homeland Security Council as proposed by the Senate, instead 
     of $12,396,000 as proposed by the House.

                        Office of Administration


                         SALARIES AND EXPENSES

       The conference agreement provides $112,952,000 for the 
     salaries and expenses of the Office of Administration, 
     instead of $109,297,000 as proposed by the House and 
     $114,908,000 as proposed by the Senate. The conference 
     agreement includes $10,403,000, to remain available until 
     expended, for information technology modernization.

                    Office of Management and Budget


                         SALARIES AND EXPENSES

       The conference agreement provides $89,456,000 for the 
     salaries and expenses of the Office of Management and Budget 
     (OMB), instead of $82,575,000 as proposed by the House and 
     $90,833,000 as proposed by the Senate.
       The conferees direct OMB to submit a report to the 
     Committee within 120 days of enactment of this Act detailing 
     current capabilities of and deficiencies in the Federal 
     Government's core budgeting system.
       In light of increased efforts to identify government-wide 
     efficiencies and anticipate the cost of major infrastructure 
     projects, the Committee instructs OMB to examine Circular A-
     94. The Committee expects OMB's review of Circular A-94 to 
     include an examination of the potential to incorporate life-
     cycle cost analysis. Moreover, this analysis should be as 
     accurate, complete and reflective of the real costs and 
     lifespans of materials as possible, including the use of 
     material-specific discount rates and maintenance scheduled 
     cost. OMB is directed to report to the Committee within 180 
     days of enactment of this Act on the status of reviewing 
     Circular A-94. OMB should include appropriate experts in the 
     field of life-cycle cost analysis, as well as appropriate 
     industry experts and research centers.
       The conferees believe that agency staffing decisions should 
     be based on agency workload and the level of funds made 
     available, rather than pre-determined formulaic reductions. 
     Decisions to backfill vacant positions should be based on the 
     number of staff with

[[Page H9513]]

     the combination of skills and qualifications necessary to 
     carry out the agency's mission within available funding 
     levels. The OMB Director shall report in February annually to 
     the House and Senate Appropriations Committees on any 
     agencies not adhering to the policies mentioned above.
       The conferees direct OMB to issue guidance, consistent with 
     section 735 of division D of the Omnibus Appropriations Act, 
     2009, Public Law 111-8, and section 739(a)(1) of division D 
     of the Consolidated Appropriations Act, 2008 (Public Law 110-
     161), and section 327 of the 2008 National Defense 
     Authorization Act (Public Law 110-181), regarding use of 
     direct conversions to contract out, in whole or in part, 
     activities or functions last performed by Federal employees.
       The conferees expect OMB to honor the terms and conditions 
     of appropriations Acts by not only reviewing reprogramming 
     requests submitted to the Committees on Appropriations 
     pursuant to the reprogramming conditions of this or any other 
     Act, but also by reviewing agency activities for compliance 
     with reprogramming conditions. With regard to section 608 of 
     this Act, the conferees find that reimbursable agreements and 
     other similar funding mechanisms utilized for the purpose of 
     reallocating funding shall be considered a reprogramming of 
     funds under such section. When determining the applicability 
     of section 608, OMB and the agencies should consult with the 
     Committees on Appropriations.

                 Office of National Drug Control Policy


                         SALARIES AND EXPENSES

       The conference agreement provides $24,500,000 for salaries 
     and expenses of the Office of National Drug Control Policy 
     (ONDCP), instead of $23,000,000 as proposed by the House and 
     $26,125,000 as proposed by the Senate.
       The conferees note that a lengthy clearance process at the 
     Executive Office of the President (EOP) often delays 
     submission of information requested by the Committees on 
     Appropriations. The conferees have encountered particular 
     difficulty in receiving timely and comprehensive responses to 
     requests for information from ONDCP. The conferees expect 
     ONDCP to respond to such requests in a timely manner because 
     such information is critical to the Committees' ability to 
     make informed budgetary decisions. The conferees expect EOP 
     to remedy this issue and improve ONDCP's responsiveness. 
     Language has also been included on this topic under the White 
     House Office account.


                     FEDERAL DRUG CONTROL PROGRAMS

             HIGH INTENSITY DRUG TRAFFICKING AREAS PROGRAM

                     (INCLUDING TRANSFERS OF FUNDS)

       The conference agreement provides $238,522,000 for the High 
     Intensity Drug Trafficking Areas Program as proposed by the 
     House and the Senate.


                  OTHER FEDERAL DRUG CONTROL PROGRAMS

                     (INCLUDING TRANSFERS OF FUNDS)

       The conference agreement provides $105,550,000 for Other 
     Federal Drug Control Programs, instead of $101,978,000 as 
     proposed by the House and $105,950,000 as proposed by the 
     Senate. The agreement allocates funds among specific programs 
     as follows:

------------------------------------------------------------------------
 
------------------------------------------------------------------------
National Youth Anti-Drug Media Campaign.................              $0
Drug-Free Communities Program...........................      92,000,000
    (Training...........................................      2,000,000)
Drug court training and technical assistance............       1,400,000
Anti-Doping activities..................................       9,000,000
World Anti-Doping Agency (U.S. membership dues).........       1,900,000
Discretionary Grants as authorized by PL 109-469,              1,250,000
 section 1105...........................................
Performance Measures Development........................               0
------------------------------------------------------------------------

       The conference agreement provides no funding for the media 
     campaign, as proposed by the House and the Senate. The 
     conferees are supportive of a plan to preserve the 
     substantial federal investment in anti-drug messaging and 
     direct ONDCP to report to the Committees on Appropriations on 
     the planned uses of the remaining unobligated balances for 
     the media campaign not later than 180 days after enactment of 
     this Act.
       The conferees expect grant funding provided under ONDCP's 
     Other Federal Drug Control Programs be awarded through a 
     competitive process.
       The conferees are troubled by ONDCP's decision-making in 
     the management of unobligated balances. The President's 
     budget proposed rescinding $11,328,000 from the Counterdrug 
     Technology Assessment Center. Despite this, ONDCP obligated 
     $6,083,361 of those balances. The conferees believe that 
     ONDCP's decision to obligate funds that the President's 
     budget proposed to rescind demonstrates an inability to 
     effectively manage their funds.

   Integrated, Efficient and Effective Uses of Information Technology


                     (INCLUDING TRANSFER OF FUNDS)

       The conference agreement provides $5,000,000 for this 
     activity as proposed by the House, instead of no funds as 
     proposed by the Senate. The conferees direct that information 
     technology reform initiatives shall not be a substitute for 
     consideration of agency requirements and the Executive Office 
     of the President shall keep the Committees on Appropriations 
     informed of changes in information technology spending plans.

                          Unanticipated Needs

       The conference agreement provides $988,000 for 
     unanticipated needs as proposed by the Senate. The House 
     provided no funding for this activity.

                  Special Assistance to the President


                         SALARIES AND EXPENSES

       The conference agreement provides $4,328,000 for salaries 
     and expenses to enable the Vice President to provide special 
     assistance to the President as proposed by the Senate, 
     instead of $4,322,000 as proposed by the House.

                Official Residence of the Vice President


                           OPERATING EXPENSES

                     (INCLUDING TRANSFER OF FUNDS)

       The conference agreement provides $307,000 for operating 
     expenses for the official residence of the Vice President as 
     proposed by the House and the Senate.

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


             (INCLUDING TRANSFERS OF FUNDS AND RESCISSIONS)

       The conference agreement provides the following 
     Administrative Provisions under this title:
       Section 201 provides transfer authority among various 
     Executive Office of the President accounts.
       Section 202 requires OMB to submit a report on the 
     implementation of Executive Order 13563 relating to improving 
     regulation and regulatory review.
       Section 203 requires OMB to report on the costs of 
     implementing the Dodd-Frank Wall Street Reform and Consumer 
     Protection Act (Public Law 111-203).
       Section 204 requires a detailed narrative and financial 
     plan for Office of National Drug Control Policy funds.
       Section 205 provides transfer authority among Office of 
     National Drug Control Policy accounts.
       Section 206 governs reprogramming of Office of National 
     Drug Control Policy funds.
       Section 207 rescinds $5,244,639 in unobligated prior year 
     balances from the Counterdrug Technology Assessment Center.
       Section 208 rescinds $359,958 in unobligated prior year 
     balances from Other Federal Drug Control Programs for a 
     chronic users study and $5,723,403 in unobligated prior year 
     balances from Other Federal Drug Control Programs for a 
     national youth anti-drug media campaign.
       Section 209 extends the availability of funds under the 
     Partnership Fund for Program Integrity Innovation. The 
     conferees do not recommend additional funding for the 
     Partnership Fund in fiscal year 2012 and direct the 
     Administration to continue to leverage funds provided in 
     fiscal year 2010 to continue the initiative during fiscal 
     years 2012 and 2013.

                               TITLE III

                             THE JUDICIARY

                   Supreme Court of the United States


                         SALARIES AND EXPENSES

       The conference agreement provides $74,819,000 for the 
     salaries and expenses of the Supreme Court as proposed by the 
     House and the Senate.


                    CARE OF THE BUILDING AND GROUNDS

       The conference agreement provides $8,159,000 for the care 
     of the Supreme Court building and grounds as proposed by the 
     House and the Senate.

         United States Court of Appeals for the Federal Circuit


                         SALARIES AND EXPENSES

       The conference agreement provides $32,511,000 for the 
     salaries and expenses of the United States Court of Appeals 
     for the Federal Circuit, instead of $31,472,000 as proposed 
     by the House and $31,913,000 as proposed by the Senate.

               United States Court of International Trade


                         SALARIES AND EXPENSES

       The conference agreement provides $21,447,000 for the 
     salaries and expenses of the United States Court of 
     International Trade, instead of $20,628,000 as proposed by 
     the House and $20,968,000 as proposed by the Senate.

    Courts of Appeals, District Courts, and Other Judicial Services


                         SALARIES AND EXPENSES

       The conference agreement provides $5,015,000,000 for the 
     salaries and expenses of the Courts of Appeals, District 
     Courts, and Other Judicial Services, instead of 
     $4,790,855,000 as proposed by the House and $4,970,646,000 as 
     proposed by the Senate. In addition, the agreement provides 
     $5,000,000 from the Vaccine Injury Compensation Trust Fund, 
     instead of $4,775,000 as proposed by the House and the 
     Senate.


                           DEFENDER SERVICES

       The conference agreement provides $1,031,000,000 for 
     Defender Services, instead of $1,050,000,000 as proposed by 
     the House and $1,034,182,000 as proposed by the Senate.


                    FEES OF JURORS AND COMMISSIONERS

       The conference agreement provides $51,908,000 for Fees of 
     Jurors and Commissioners, instead of $57,305,000 as proposed 
     by the House and $59,000,000 as proposed by the Senate.


                             COURT SECURITY

                     (INCLUDING TRANSFERS OF FUNDS)

       The conference agreement provides $500,000,000 for court 
     security, as proposed by the House and the Senate.

[[Page H9514]]

           Administrative Office of the United States Courts


                         SALARIES AND EXPENSES

       The conference agreement provides $82,909,000 for the 
     salaries and expenses of the Administrative Office of the 
     United States Courts, instead of $80,007,000 as proposed by 
     the House and $82,000,000 as proposed by the Senate.

                        Federal Judicial Center


                         SALARIES AND EXPENSES

       The conference agreement provides $27,000,000 for the 
     salaries and expenses of the Federal Judicial Center, as 
     proposed by the Senate, instead of $26,318,000 as proposed by 
     the House.

                       Judicial Retirement Funds


                    PAYMENT TO JUDICIARY TRUST FUNDS

       The conference agreement provides $103,768,000 for payments 
     to the judiciary trust funds, as proposed by the Senate. The 
     House proposed funding these mandatory costs in a general 
     provision.

                  United States Sentencing Commission


                         SALARIES AND EXPENSES

       The conference agreement provides $16,500,000 for the 
     salaries and expenses of the United States Sentencing 
     Commission, as proposed by the Senate, instead of $16,215,000 
     as proposed by the House.

                Administrative Provisions--The Judiciary


                     (INCLUDING TRANSFER OF FUNDS)

       The conference agreement includes the following 
     administrative provisions:
       Section 301 makes funds appropriated for salaries and 
     expenses available for services authorized by 5 U.S.C. 3109.
       Section 302 provides transfer authority among Judiciary 
     appropriations.
       Section 303 permits not more than $11,000 to be used for 
     official reception and representation expenses of the 
     Judicial Conference.
       Section 304 extends through fiscal year 2012 the delegation 
     of authority to the Judiciary for contracts for repairs of 
     less than $100,000.
       Section 305 continues a pilot program where the United 
     States Marshals Service provides perimeter security services 
     at selected courthouses.
       Section 306 extends for one year the authorization of 
     temporary district judgeships in Kansas and Hawaii.

                                TITLE IV

                          DISTRICT OF COLUMBIA


       federal funds federal payment for resident tuition support

       The conference agreement includes $30,000,000 for District 
     of Columbia resident tuition support as proposed by the House 
     and the Senate.


   FEDERAL PAYMENT FOR EMERGENCY PLANNING AND SECURITY COSTS IN THE 
                          DISTRICT OF COLUMBIA

       The conference agreement provides $14,900,000 for emergency 
     planning and security costs in the District of Columbia as 
     proposed by the House and the Senate.


           FEDERAL PAYMENT TO THE DISTRICT OF COLUMBIA COURTS

       The conference agreement provides $232,841,000 for the 
     District of Columbia Courts, instead of $224,394,000 as 
     proposed by the House and $230,319,000 as proposed by the 
     Senate. Within the amount provided, $12,830,000 is for the 
     District of Columbia Court of Appeals, $114,209,000 is for 
     the District of Columbia Superior Court, $66,712,000 is for 
     the District of Columbia Court System, and $39,090,000 is for 
     capital improvements to Court facilities.
       For the District of Columbia Superior Court, the conference 
     agreement provides $114,209,000 instead of $109,307,000 as 
     proposed by the House and $111,687,000 as proposed by the 
     Senate. Increased funding is provided to address the Court's 
     top priorities, including the Fathering Court Initiative and 
     the Drop-In Center for Juvenile Girls.
       The conference agreement does not continue bill language 
     from prior years requiring the District of Columbia Courts to 
     use GSA for payroll and financial services, as proposed by 
     the House. While not excluding the use of GSA for these 
     services, the conferees are aware this provision will allow 
     the District of Columbia Courts greater flexibility in 
     selecting and contracting for its payroll and financial 
     services.


  FEDERAL PAYMENT FOR DEFENDER SERVICES IN DISTRICT OF COLUMBIA COURTS

                     (INCLUDING TRANSFER OF FUNDS)

       The conference agreement provides $55,000,000 for Defender 
     Services in District of Columbia Courts as proposed by the 
     Senate, instead of $54,890,000 as proposed by the House.
       The conference agreement does not continue bill language 
     from prior years requiring the Defender Services in District 
     of Columbia Courts to use GSA for payroll and financial 
     services as proposed by the House. While not excluding the 
     use of GSA for these services, the conferees are aware this 
     provision will allow the Defender Services in District of 
     Columbia Courts greater flexibility in selecting and 
     contracting for its payroll and financial services.


 FEDERAL PAYMENT TO THE COURT SERVICES AND OFFENDER SUPERVISION AGENCY 
                      FOR THE DISTRICT OF COLUMBIA

       The conference agreement provides $212,983,000 to the Court 
     Services and Offender Supervision Agency for the District of 
     Columbia as proposed by the House and the Senate. Within the 
     amount provided, $153,548,000 is for Community Supervision 
     and Sex Offender Registration and $59,435,000 is for the 
     Pretrial Services Agency.


  FEDERAL PAYMENT TO THE DISTRICT OF COLUMBIA PUBLIC DEFENDER SERVICE

       The conference agreement provides $37,241,000 for the 
     Public Defender Service as proposed by the House and the 
     Senate.


 FEDERAL PAYMENT TO THE DISTRICT OF COLUMBIA WATER AND SEWER AUTHORITY

       The conference agreement provides $15,000,000 for the 
     District of Columbia Water and Sewer Authority as proposed by 
     the Senate instead of no funds as proposed by the House.


      FEDERAL PAYMENT TO THE CRIMINAL JUSTICE COORDINATING COUNCIL

       The conference agreement provides $1,800,000 for the 
     Criminal Justice Coordinating Council as proposed by the 
     Senate instead of $1,796,000 as proposed by the House.


                FEDERAL PAYMENT FOR JUDICIAL COMMISSIONS

       The conference agreement provides $500,000 for Judicial 
     Commissions as proposed by the Senate instead of $499,000 as 
     proposed by the House. Within the amount provided, $295,000 
     is for the Commission on Judicial Disabilities and Tenure, 
     and $205,000 is for the Judicial Nomination Commission.


                 FEDERAL PAYMENT FOR SCHOOL IMPROVEMENT

       The conference agreement includes $60,000,000 for school 
     improvement in the District of Columbia as proposed by the 
     House and the Senate. As authorized by the Scholarship for 
     Opportunity and Results Act, funds are equally divided 
     between District of Columbia Public Schools ($20,000,000), 
     District of Columbia Public Charter Schools ($20,000,000) and 
     District of Columbia Opportunity Scholarships ($20,000,000). 
     The conference agreement does not adopt the Senate 
     requirement that the Secretary of Education perform an 
     assessment of schools participating in the Opportunity 
     Scholarships program.


      FEDERAL PAYMENT FOR THE DISTRICT OF COLUMBIA NATIONAL GUARD

       The conference agreement provides $375,000 for the Major 
     General David F. Wherley, Jr. District of Columbia National 
     Guard Retention and College Access Program as proposed by the 
     House and the Senate.


         FEDERAL PAYMENT FOR TESTING AND TREATMENT OF HIV/AIDS

       The conference agreement provides a $5,000,000 Federal 
     payment to the District of Columbia solely for the purpose of 
     HIV/AIDS testing and treatment. No funds were provided for 
     this activity in the House or the Senate.

                       District of Columbia Funds

       The conference agreement provides authority for the 
     District of Columbia to spend its local funds in accordance 
     with the Fiscal Year 2012 Budget Request Act of 2011 (DC Act 
     19-92), as modified as of the date of the enactment of this 
     Act.

                                TITLE V

                          INDEPENDENT AGENCIES

             Administrative Conference of the United States


                         SALARIES AND EXPENSES

       The conference agreement provides $2,900,000, to remain 
     available until September 30, 2013, for the Administrative 
     Conference of the United States as proposed by the Senate, 
     instead of $2,608,000 as proposed by the House.

               Christopher Columbus Fellowship Foundation


                         SALARIES AND EXPENSES

       The conference agreement provides $450,000 for the 
     Christopher Columbus Fellowship Foundation as proposed by the 
     Senate, instead of no funds as proposed by the House.

                   Consumer Product Safety Commission


                         SALARIES AND EXPENSES

       The conference agreement includes $114,500,000 for the 
     Consumer Product Safety Commission (CPSC) as proposed by the 
     Senate, instead of $111,288,000 as proposed by the House.
       The conferees are aware that small, round, coin-shaped 
     batteries, known as ``button cell batteries'' are 
     increasingly present in consumer products, and pose a 
     hazard--potentially fatal--to small children who ingest them. 
     The conferees support efforts to ensure that these batteries 
     are securely enclosed in products (like the existing Federal 
     safety rules that require toys that use batteries to have 
     such compartments), with accompanying warning labels.
       CPSC has identified window coverings with cords as one of 
     the top five hidden hazards in the home and CPSC is aware of 
     120 fatalities and 113 serious injuries related to corded 
     window blinds since 1999. The conferees urge parties involved 
     in the standards process to redouble efforts to address the 
     strangulation risk posed by corded window coverings in a 
     timely manner.


     ADMINISTRATIVE PROVISIONS--CONSUMER PRODUCT SAFETY COMMISSION

       The conference agreement includes the following 
     administrative provisions for the Consumer Product Safety 
     Commission:
       Section 501 permits CPSC staff serving abroad to be 
     eligible for benefits similar to those authorized for Foreign 
     Service officials.
       Section 502 includes language making technical corrections 
     to the Virginia Graeme Baker Pool and Spa Safety Act.

[[Page H9515]]

       Section 503 requires the Government Accountability Office 
     (GAO) to study the potential risks associated with new and 
     emerging consumer products.
       Section 504 requires the GAO to study the efficacy of 
     voluntary industry standards for consumer products.

                     Election Assistance Commission


                         SALARIES AND EXPENSES

                     (INCLUDING TRANSFER OF FUNDS)

       The conference agreement provides $11,500,000 for the 
     salaries and expenses of the Election Assistance Commission 
     (EAC), instead of $6,858,000 as proposed by the House and 
     $14,750,000 as proposed by the Senate. This includes 
     $2,750,000 to be transferred to the National Institute of 
     Standards and Technology and $1,250,000 for the EAC Inspector 
     General.

                   Federal Communications Commission


                         SALARIES AND EXPENSES

       The conference agreement includes $339,844,000 for the 
     salaries and expenses of the Federal Communications 
     Commission (FCC), instead of $319,004,000 as proposed by the 
     House and $354,181,000 as proposed by the Senate. This 
     includes $9,750,000 for the FCC Inspector General. The 
     conference agreement provides that $339,844,000 be derived 
     from offsetting collections, resulting in no net 
     appropriation.
       The conferees note that the Fairness Doctrine was removed 
     from the FCC's rulebooks as of August 22, 2011.


      ADMINISTRATIVE PROVISIONS--FEDERAL COMMUNICATIONS COMMISSION

       The conferees agree to the following administrative 
     provisions for the Federal Communications Commission:
       Section 510 extends an exemption for the Universal Service 
     Fund.
       Section 511 prohibits the Federal Communications Commission 
     from changing rules governing the Universal Service Fund 
     regarding single connection or primary line restrictions.

                 Federal Deposit Insurance Corporation


                    OFFICE OF THE INSPECTOR GENERAL

       The conference agreement provides a transfer of $45,261,000 
     to fund the Office of Inspector General (OIG) for the Federal 
     Deposit Insurance Corporation as proposed by both the House 
     and Senate. The OIG's appropriations are derived from the 
     Deposit Insurance Fund and the FSLIC Resolution Fund.

                      Federal Election Commission


                         SALARIES AND EXPENSES

       The conference agreement provides $66,367,000 for the 
     salaries and expenses of the Federal Election Commission as 
     proposed by the House and Senate.

                   Federal Labor Relations Authority


                         SALARIES AND EXPENSES

       The conference agreement provides $24,723,000 for the 
     Federal Labor Relations Authority as proposed by the Senate, 
     instead of $24,105,000 as proposed by the House.

                        Federal Trade Commission


                         SALARIES AND EXPENSES

       The conference agreement provides $311,563,000 for the 
     salaries and expenses of the Federal Trade Commission (FTC) 
     as proposed by the Senate, instead of $284,067,000 as 
     proposed by the House. This appropriation is partially offset 
     by premerger filing fees estimated at $108,000,000 and 
     $21,000,000 from fees to implement the Telemarketing Sales 
     Rule.
       The conference agreement does not adopt the Senate 
     requirement that the FTC submit voluntary food marketing 
     principles in a final report to the Committees.

                    General Services Administration


                        REAL PROPERTY ACTIVITIES

                         FEDERAL BUILDINGS FUND

                 LIMITATIONS ON AVAILABILITY OF REVENUE

       The conference agreement provides resources from the 
     General Services Administration (GSA) Federal Buildings Fund 
     totaling $8,017,967,000, instead of $7,223,801,000 as 
     proposed by the House and $8,144,967,000 as proposed by the 
     Senate.
       Construction and Acquisition.--The conference agreement 
     provides $50,000,000 for construction and acquisition, 
     instead of $0 as proposed by the House and $65,000,000 as 
     proposed by the Senate.
       The conferees clarify the House report language about use 
     of prior appropriations for projects and agree, unless GSA 
     follows the reprogramming process in Section 608 that 
     requires the approval of the Committees, that GSA is 
     prohibited from using either funding appropriated for any 
     construction project yet to be completed or the proceeds from 
     the sale of land from the yet-to-be-completed project other 
     than to address the need for space for which the construction 
     project was intended.
       Repairs and Alterations.--The conference agreement provides 
     $280,000,000 for repairs and alterations, as proposed by the 
     House and Senate. Funds are provided in the amounts 
     indicated:

Judiciary Capital Security Program..........................$20,000,000
Basic Repairs and Alterations..............................$260,000,000

       Energy Saving Lighting Technologies.--The conference 
     agreement adopts the House reporting requirement on LED 
     lights and clarifies that LED lights are expected to be 
     incorporated into GSA's building specifications as 
     appropriate.
       Installment Acquisition Payments.--The conference agreement 
     includes $126,801,000 for installment acquisition payments, 
     as proposed by both the House and the Senate.
       Rental of Space.--The conference agreement provides 
     $5,210,198,000 for rental of space, instead of $4,700,000,000 
     as proposed by the House and $5,285,198,000 as proposed by 
     the Senate.
       Building Operations.--The conference agreement provides 
     $2,350,968,000 for building operations, instead of 
     $2,117,000,000 as proposed by the House and $2,387,968,000 as 
     proposed by the Senate.


                           GENERAL ACTIVITIES

                         GOVERNMENT-WIDE POLICY

       The conference agreement provides $61,115,000 for GSA 
     Government-wide policy activities, instead of $64,826,000 as 
     proposed by the House and $61,750,000 as proposed by the 
     Senate.


                           OPERATING EXPENSES

       The conference agreement provides $69,500,000 for operating 
     expenses of GSA instead of $68,135,000 as proposed by the 
     House and $70,000,000 as proposed by the Senate.


                      OFFICE OF INSPECTOR GENERAL

       The conference agreement provides $58,000,000 for the 
     Office of Inspector General as proposed by the Senate instead 
     of $58,882,000 as proposed by the House.


                       ELECTRONIC GOVERNMENT FUND

                     (INCLUDING TRANSFER OF FUNDS)

       The conference agreement provides $12,400,000 for the 
     Electronic Government Fund. These funds may be transferred to 
     other Federal agencies to carry out the purposes of the 
     Electronic Government Fund, but only after a spending plan 
     and explanation for each project has been submitted to the 
     Committees on Appropriations.


           ALLOWANCES AND OFFICE STAFF FOR FORMER PRESIDENTS

       The conference agreement includes $3,671,000 for allowances 
     and staff for former Presidents, as proposed by both the 
     House and the Senate.


                     FEDERAL CITIZEN SERVICES FUND

       The conference agreement provides $34,100,000 for deposit 
     into the Federal Citizens Services Fund (the Fund) and 
     authorizes use of appropriations, revenues and collections in 
     the Fund in an aggregate amount not to exceed $90,000,000.


       ADMINISTRATIVE PROVISIONS--GENERAL SERVICES ADMINISTRATION

             (INCLUDING TRANSFERS OF FUNDS AND RESCISSION)

       The conferees agree to the following provisions:
       Section 520 specifies that funds are available for hire of 
     motor vehicles.
       Section 521 authorizes transfers within the Federal 
     Buildings Fund, with advance approval of the Committees on 
     Appropriations.
       Section 522 prohibits the use of funds to transmit a fiscal 
     year 2013 request for courthouse construction unless the 
     request meets design guide standards, reflects the priorities 
     in the Judicial Conference 5-year construction plan, and 
     includes a standardized courtroom utilization study.
       Section 523 specifies that funds in this Act may not be 
     used to increase the amount of occupiable space or provide 
     services such as cleaning or security for any agency that 
     does not pay the rental charges assessed by GSA.
       Section 524 permits GSA to pay certain construction-related 
     claims against the Federal Government from savings achieved 
     in other projects.
       Section 525 requires that the delineated area of 
     procurement for leased space match the approved prospectus, 
     unless the Administrator provides an explanatory statement to 
     the appropriate congressional committees.
       Section 526 increases the permissible uses of the fees 
     collected by the GSA Federal Acquisition Institute.
       Section 527 rescinds $4,600,000 from completed projects.
       Section 528 directs GSA to submit a report within 120 days 
     of enactment of this Act about programs funded by 
     appropriations to GSA, but not under GSA control.

                 Harry S Truman Scholarship Foundation


                         SALARIES AND EXPENSES

       The conference agreement includes $748,000 for a payment to 
     the Harry S Truman Scholarship Foundation Trust Fund as 
     proposed by the House instead of $700,000 as proposed by the 
     Senate.

                     Merit Systems Protection Board


                         SALARIES AND EXPENSES

                     (INCLUDING TRANSFER OF FUNDS)

       The conference agreement provides $42,603,000, to remain 
     available until September 30, 2013, for the salaries and 
     expenses of the Merit Systems Protection Board as proposed by 
     the Senate, instead of $41,761,000 as proposed by the House. 
     Within the amount provided, $40,258,000 is a direct 
     appropriation and $2,345,000 is a transfer from the Civil 
     Service Retirement and Disability Fund to adjudicate 
     retirement appeals.

            Morris K. Udall and Stewart L. Udall Foundation


            MORRIS K. UDALL AND STEWART L. UDALL TRUST FUND

       The conference agreement includes $2,200,000 for payment to 
     the Morris K. Udall and Stewart L. Udall Trust Fund as 
     proposed by the Senate.


                 ENVIRONMENTAL DISPUTE RESOLUTION FUND

       The conference agreement includes $3,792,000 for payment to 
     the Environmental

[[Page H9516]]

     Dispute Resolution Fund as proposed by the Senate.

              National Archives and Records Administration


                           OPERATING EXPENSES

                     (INCLUDING TRANSFER OF FUNDS)

       The conference agreement provides $373,300,000 for the 
     operating expenses of the National Archives and Records 
     Administration (NARA), instead of $360,969,000 as proposed by 
     the House and $378,845,000 as proposed by the Senate.
       The conferees reiterate Senate language noting material 
     weakness in the security of NARA's holdings. The conferees 
     direct NARA to institute and enforce effective inventory 
     controls and adequate levels of security within its 
     facilities to reduce the risk of loss and damage to our 
     Nation's documents and records.
       In addition, the conferees direct NARA to continue to work 
     with agencies on records management policies, especially 
     those related to document destruction. The conferees believe 
     it is critical for all agencies to be aware of the importance 
     of these policies and to have proper systems in place for 
     document retention and preservation.


                      OFFICE OF INSPECTOR GENERAL

       The conference agreement provides $4,100,000 for NARA's 
     Office of Inspector General as proposed by the House and the 
     Senate.


                        REPAIRS AND RESTORATION

       The conference agreement provides $9,100,000 for repairs 
     and restoration, instead of $8,693,000 as proposed by the 
     House and $9,659,000 as proposed by the Senate.


 NATIONAL HISTORICAL PUBLICATIONS AND RECORDS COMMISSION GRANTS PROGRAM

       The conference agreement provides $5,000,000 for the 
     National Historical Publications and Records Commission grant 
     program as proposed by the Senate, instead of $1,000,000 as 
     proposed by the House.

                  National Credit Union Administration


                       CENTRAL LIQUIDITY FACILITY

       The conference agreement limits administrative expenses to 
     $1,250,000 and provides for authorized lending, as proposed 
     by the Senate.


               COMMUNITY DEVELOPMENT REVOLVING LOAN FUND

       The conference agreement includes $1,247,000 for the 
     Community Development Revolving Loan Fund as proposed by the 
     Senate, instead of $500,000 as proposed by the House.

                      Office of Government Ethics


                         SALARIES AND EXPENSES

       The conference agreement provides $13,664,000 for salaries 
     and expenses of the Office of Government Ethics as proposed 
     by the Senate, instead of $13,483,000 as proposed by the 
     House.

                     Office of Personnel Management


                         SALARIES AND EXPENSES

                  (INCLUDING TRANSFER OF TRUST FUNDS)

       The conference agreement provides $210,290,000 for salaries 
     and expenses as proposed by both the House and the Senate. 
     Within the amount provided, $99,774,000 is a direct 
     appropriation and $112,516,000 is a transfer from Office of 
     Personnel Management (OPM) trust funds.


                      OFFICE OF INSPECTOR GENERAL

                         SALARIES AND EXPENSES

                  (INCLUDING TRANSFER OF TRUST FUNDS)

       The conference agreement provides $24,316,000 for salaries 
     and expenses of the Office of Inspector General as proposed 
     by the House and the Senate. Within the amount provided, 
     $3,142,000 is a direct appropriation and $21,174,000 is a 
     transfer from OPM trust funds.


      GOVERNMENT PAYMENT FOR ANNUITANTS, EMPLOYEES HEALTH BENEFITS

       The conference agreement provides such sums as necessary 
     for health benefits payments as proposed by the Senate. The 
     House proposed funding these mandatory costs in a general 
     provision.


       GOVERNMENT PAYMENT FOR ANNUITANTS, EMPLOYEE LIFE INSURANCE

       The conference agreement provides such sums as necessary 
     for life insurance payments as proposed by the Senate. The 
     House proposed funding these mandatory costs in a general 
     provision.


        PAYMENT TO CIVIL SERVICE RETIREMENT AND DISABILITY FUND

       The conference agreement provides such sums as necessary 
     for retirement and disability payments as proposed by the 
     Senate. The House proposed funding these mandatory costs in a 
     general provision.

                       Office of Special Counsel


                         SALARIES AND EXPENSES

       The conference agreement includes $18,972,000 for the 
     salaries and expenses of the Office of Special Counsel as 
     proposed by the Senate, instead of $17,997,000 as proposed by 
     the House.

                      Postal Regulatory Commission


                         SALARIES AND EXPENSES

                     (INCLUDING TRANSFER OF FUNDS)

       The conference agreement provides $14,304,000 for the 
     salaries and expenses of the Postal Regulatory Commission as 
     proposed by the Senate, instead of $13,946,000 as proposed by 
     the House.

              Privacy and Civil Liberties Oversight Board


                         Salaries and Expenses

       The conference agreement provides $900,000 for the salaries 
     and expenses of the Privacy and Civil Liberties Oversight 
     Board (PCLOB) instead of $1,000,000 as proposed by the Senate 
     and no funding as proposed by the House. The conferees are 
     concerned that the Administration has not reconstituted the 
     PCLOB as required by law. Section 618 rescinds $998,000 of 
     prior year unobligated balances.

             Recovery Accountability and Transparency Board


                         Salaries and Expenses

       The conference agreement provides $28,350,000, to remain 
     available until September 30, 2013, for the salaries and 
     expenses of the Recovery Accountability and Transparency 
     Board, instead of $25,000,000 as proposed by the House and 
     $28,400,000 as proposed by the Senate. The conferees note 
     that funding provided for the Recovery Board may be used to 
     develop and test information technology to enhance 
     transparency and detect waste, fraud, and abuse in federal 
     spending. Within 90 days of enactment of this Act, the 
     conferees direct the Recovery Board to report to the 
     Committees on Appropriations on their plan for such 
     activities. The report shall include detailed descriptions 
     and planned spending.

                   Securities and Exchange Commission

                         Salaries and Expenses

       The conference agreement provides $1,321,000,000 for the 
     Securities and Exchange Commission (SEC), instead of 
     $1,185,000,000 as proposed by the House and $1,407,483,130 as 
     proposed by the Senate. The conference agreement provides 
     that $1,321,000,000 be derived from offsetting collections 
     resulting in no net appropriation.
       The conference agreement provides that the SEC Office of 
     Inspector General shall receive no less than $6,795,000 as 
     proposed by the Senate, instead of $6,790,000 as proposed by 
     the House.
       The conferees do not adopt the Senate designation of 
     $483,130 specifically for the strengthening of the 
     acquisition workforce. However, while not designating 
     funding, the Committee remains concerned about the SEC's 
     acquisition processes and expects the SEC to dedicate 
     sufficient resources to strengthening the agency's capacity 
     and capabilities of the acquisition workforce.
       The conferees remain seriously concerned with the SEC's 
     lack of judgment in its past leasing practices, most notably 
     the mismanagement of the agency's Constitution Center lease. 
     The conferees are unconvinced that the SEC's efforts to 
     reform their leasing practices have fully addressed the 
     problems. The agency's leasing and budgetary recording 
     practices over the last 20 years of independent leasing 
     authority have led the SEC to experience budget deficiencies. 
     The conferees consider this unacceptable and expect the SEC 
     to carefully evaluate all prospective leases and renewals of 
     existing leases going forward in relation to the budget 
     resources. The conferees are aware of the SEC's arrangement 
     with the General Services Administration, which the conferees 
     believe is a good first step. The conferees intend to closely 
     monitor how the SEC exercises its leasing authority to ensure 
     that the SEC has adequately reformed its leasing practices.
       The conferees are also highly concerned about the 
     unauthorized destruction of documents by the SEC which 
     spanned a decade and remained ongoing even after the National 
     Archives and Records Administration asked for an explanation. 
     The preservation of agency documents is critical to the 
     record keeping of every agency and Federal rules have been 
     established in the interest of transparency and disclosure. 
     As the agency tasked with monitoring companies' disclosures, 
     this latest chapter of mismanagement at the SEC contravenes 
     the agency's own mission and distracts SEC management from 
     focusing on the critical work of protecting investors.
       Due to the above concerns, the conferees direct the SEC to 
     provide the House and Senate Appropriations Committees with 
     corrective action reports, submitted to the SEC Inspector 
     General, related to lease agreements and document destruction 
     no later than 30 days after enactment of this Act.

                        Selective Service System

                         Salaries and Expenses

       The conference agreement provides $23,984,000 for the 
     salaries and expenses of the Selective Service System as 
     proposed by the Senate, instead of $23,620,000 as proposed by 
     the House.

                     Small Business Administration

                         Salaries and Expenses

       The conference agreement includes $417,348,000 for the 
     salaries and expenses account of the Small Business 
     Administration (SBA), instead of $422,296,000 as proposed by 
     the House and $404,202,000 as proposed by the Senate.
       Of the amount provided under this heading, $245,000,000 is 
     for the operating expenses of the SBA and $172,348,000 is for 
     non-credit programs.
       The conferees direct that no less than the following 
     amounts shall be dedicated to the following SBA non-credit 
     programs:

------------------------------------------------------------------------
 
------------------------------------------------------------------------
Veterans Programs.......................................      $2,500,000
7(j) Technical Assistance Programs......................       3,100,000
Small Business Development Centers......................     112,500,000

[[Page H9517]]

 
SCORE...................................................       7,000,000
Women's Business Centers................................      14,000,000
Women's Business Council................................         998,000
Native American Outreach................................       1,250,000
Microloan Technical Assistance..........................      20,000,000
PRIME...................................................       3,500,000
HUBZone.................................................       2,500,000
Entrepreneurial Development Initiative (Clusters).......       5,000,000
    Total, non-credit programs..........................     172,348,000
------------------------------------------------------------------------

       The conferees direct that the SBA shall not reduce these 
     non-credit programs from the amounts specified above and the 
     SBA shall not merge any of the non-credit programs without 
     advance written approval from the Committees on 
     Appropriations.
       Although set aside funding for the Emerging Leaders program 
     is not specified, the conferees note that in prior years SBA 
     derived funds for the Emerging Leaders program from base 
     resources in the Salaries and Expenses account.
       The conferees adopt Senate report language regarding 
     veterans' business outreach centers.


                      Office of Inspector General

       The conference agreement provides $16,267,000 for the 
     Office of Inspector General of the Small Business 
     Administration as proposed by the House instead of 
     $16,267,400 as proposed by the Senate.


                           Office of Advocacy

       The conference agreement provides $9,120,000 for this 
     account as proposed by the House and the Senate.


                     BUSINESS LOANS PROGRAM ACCOUNT

                     (INCLUDING TRANSFER OF FUNDS)

       The conference agreement provides $358,736,000 for the 
     Business Loans Program Account, instead of $363,323,000 as 
     proposed the House and $358,498,000 as proposed by the 
     Senate. Of the amount provided, $3,678,000 is for the cost of 
     direct loans in the microloan program, $207,100,000 is for 
     the cost of guaranteed loans, and $147,958,000 is for 
     administrative expenses to carry out the direct and 
     guaranteed loan programs and may be transferred to and merged 
     with Salaries and Expenses.


                     DISASTER LOANS PROGRAM ACCOUNT

                     (INCLUDING TRANSFERS OF FUNDS)

       The conference agreement includes $117,300,000 for the 
     administrative costs of the Disaster Loans Program Account, 
     instead of $167,300,000 as proposed by both the House and the 
     Senate.


        ADMINISTRATIVE PROVISIONS--SMALL BUSINESS ADMINISTRATION

                     (INCLUDING TRANSFER OF FUNDS)

       The conference agreement includes the following 
     administrative provisions for the Small Business 
     Administration.
       Section 530 concerns transfer authority and availability of 
     funds.
       Section 531 extends, for businesses that can obtain credit 
     elsewhere, the length of time for repaying a disaster loan 
     from three years to seven years.
       Section 532 details the information to be provided in the 
     SBA's annual budget request.

                      United States Postal Service


                   PAYMENT TO THE POSTAL SERVICE FUND

       The conference agreement provides $78,153,000 for a payment 
     to the Postal Service Fund as proposed by the House and the 
     Senate. This is an advance appropriation for fiscal year 2013 
     to continue free mail for the blind and overseas voting.

                      Office of Inspector General


                         SALARIES AND EXPENSES

                     (INCLUDING TRANSFER OF FUNDS)

       The conference agreement provides up to $241,468,000 for 
     the Office of Inspector General as proposed by the Senate, 
     instead of $237,810,000 as proposed by the House.

                        United States Tax Court


                         SALARIES AND EXPENSES

       The conference agreement provides $51,079,000 for salaries 
     and expenses of the United States Tax Court, instead of 
     $50,689,000 as proposed by the House and $51,469,000 as 
     proposed by the Senate.

                                TITLE VI

                      GENERAL PROVISIONS--THIS ACT


                         (INCLUDING RECISSIONS)

       The conferees agree to the following provisions:
       Section 601 prohibits paying expenses or otherwise 
     compensating non-Federal parties in regulatory or 
     adjudicatory proceedings funded in this Act.
       Section 602 prohibits obligations beyond the current fiscal 
     year and transfers of funds unless expressly so provided 
     herein.
       Section 603 limits consulting service expenditures to 
     contracts where such expenditures are a matter of public 
     record, with exceptions.
       Section 604 prohibits funds from being transferred to any 
     department, agency, or instrumentality of the United States 
     without express authority provided in this or any other 
     appropriations Act.
       Section 605 prohibits the use of funds to engage in 
     activities that would prohibit the enforcement of section 307 
     of the 1930 Tariff Act.
       Section 606 prohibits funds from being expended unless the 
     recipient agrees to comply with the Buy American Act.
       Section 607 prohibits funding to a person or entity 
     convicted of violating the Buy American Act.
       Section 608 provides reprogramming authority and requires 
     agencies to submit financial plans to the House and Senate 
     Appropriations Committees.
       Section 609 provides that not to exceed 50 percent of 
     unobligated balances from salaries and expenses may remain 
     available for certain purposes.
       Section 610 prohibits funds for the Executive Office of the 
     President to request any official background investigation 
     from the Federal Bureau of Investigation unless the person 
     has given consent or there are national security 
     circumstances.
       Section 611 requires that cost accounting standards not 
     apply to a contract under the Federal Employees Health 
     Benefits Program.
       Section 612 permits the Office of Personnel Management to 
     accept funds regarding the nonforeign area cost of living 
     allowances.
       Section 613 prohibits the expenditure of funds for 
     abortions under the Federal Employees Health Benefits 
     Program.
       Section 614 provides an exemption from section 613 if the 
     life of the mother is in danger or the pregnancy is a result 
     of an act of rape or incest.
       Section 615 waives restrictions on the purchase of non-
     domestic articles, materials, and supplies for information 
     technology acquired by the Federal Government.
       Section 616 prohibits the acceptance by any regulatory 
     agency or commission funded by this Act, or by their officers 
     or employees, of payment or reimbursement for travel, 
     subsistence, or related expenses from any person or entity 
     (or their representative) that engages in activities 
     regulated by such agency or commission.
       Section 617 provides authority for the Public Company 
     Accounting Oversight Board to obligate funds for a 
     scholarship program.
       Section 618 rescinds $998,000 in unobligated balances for 
     the Privacy and Civil Liberties Oversight Board. The 
     conferees note the Board has yet to be established.
       Section 619 requires the President to transmit proposed 
     deficiency and supplemental appropriations requests to 
     Congress on behalf of the judicial and legislative branches 
     as is presently done for the executive branch.
       Section 620 permits the SEC and CFTC to fund a joint 
     advisory committee to advise on emerging regulatory issues, 
     notwithstanding section 708 of this Act.
       Section 621 includes language regarding the Abraham Lincoln 
     Commemorative Coin Act.
       Section 622 allows the publication in the Federal Register 
     of a reference to the Help America Vote Act State plans, 
     rather than publication of the complete State plans.
       Section 623 rescinds $25,000,000 from the Securities and 
     Exchange Commission Reserve Fund established by the Dodd-
     Frank Wall Street Reform and Consumer Protection Act.
       Section 624 requires certain agencies to provide quarterly 
     reports on unobligated prior year balances.
       Section 625 requires agencies covered by this Act with 
     independent leasing authority to consult with the General 
     Services Administration before seeking new office space or 
     making alterations to existing office space.
       Section 626 prohibits funds for the FTC to complete the 
     draft report on food marketed to children unless certain 
     requirements are met.
       Section 627 prohibits funds for certain positions.
       Section 628 provides that no FCC funds may be used, or 
     otherwise permitted, for certain commercial terrestrial 
     operations.
       Section 629 prohibits funding for hiring new Federal 
     employees that are not verified through the E-Verify Program.
       Section 630 prohibits funds to any corporation with certain 
     unpaid Federal tax liabilities unless the agency has 
     considered suspension or debarment of the corporation and 
     made a determination that further action is not necessary to 
     protect the interests of the Government.
       Section 631 prohibits funds to any corporation that was 
     convicted of a felony criminal violation within the preceding 
     24 months unless the agency has considered suspension or 
     debarment of the corporation and made a determination that 
     further action is not necessary to protect the interests of 
     the Government.
       Section 632 delays a statutory requirement for the United 
     States Postal Services to make a payment to the Postal 
     Service Retiree Health Benefit Fund until August 1, 2012.

                               TITLE VII

                  GENERAL PROVISIONS--GOVERNMENT-WIDE

                Departments, Agencies, and Corporations

       The conferees agree to the following provisions:
       Section 701 requires all agencies have a written policy for 
     ensuring a drug-free workplace.
       Section 702 sets specific limits on the cost of passenger 
     vehicles with exceptions for police, heavy duty, electric 
     hybrid and clean fuels vehicles.
       Section 703 makes appropriations available for quarters/
     cost-of-living allowances.
       Section 704 prohibits the use of appropriated funds to 
     compensate officers or employees of the Federal government in 
     the continental United States unless they are citizens of the 
     United States or qualify under other specified exceptions.
       Section 705 ensures that appropriations made available to 
     any department or agency for space, services and rental 
     charges shall also be available for payment to the General 
     Services Administration.
       Section 706 allows the use of receipts from the sale of 
     materials for acquisition, waste

[[Page H9518]]

     reduction and prevention, environmental management programs 
     and other Federal employee programs as appropriate.
       Section 707 allows funds for administrative expenses of 
     government corporations and certain agencies to also be 
     available for rent in the District of Columbia, services 
     under 5 U.S.C. 3109, and the objects specified under this 
     head.
       Section 708 prohibits funds for interagency financing of 
     boards (with exception), commissions, councils, committees or 
     similar groups to receive multi-agency funding without prior 
     statutory approval.
       Section 709 precludes funds for regulations which have been 
     disapproved by joint resolution.
       Section 710 limits the amount of funds that can be used for 
     redecoration of offices under certain circumstances to 
     $5,000, unless advance notice is transmitted to the House and 
     Senate Committees on Appropriations.
       Section 711 allows for interagency funding of national 
     security and emergency preparedness telecommunications 
     initiatives.
       Section 712 requires agencies to certify that a Schedule C 
     appointment was not created solely or primarily to detail the 
     employee to the White House.
       Section 713 prohibits the salary payment of any employee 
     who prohibits, threatens, prevents or otherwise penalizes 
     another employee from communicating with Congress.
       Section 714 prohibits Federal employee training not 
     directly related to the performance of official duties.
       Section 715 prevents funds from being used to implement or 
     enforce non-disclosure agreement policies unless certain 
     provisions are included, updates the Executive Order and 
     other citations and makes provisions for nondisclosure 
     agreements entered into before the effective date of any 
     updated statutes of governance.
       Section 716 prohibits executive branch agencies from using 
     funds for propaganda or publicity purposes in support or 
     defeat of legislative initiatives.
       Section 717 prohibits any Federal agency from disclosing an 
     employee's home address to any labor organization, absent 
     employee authorization or court order.
       Section 718 prohibits funds to be used to provide non-
     public information such as mailing or telephone lists to any 
     person or organization outside the government without the 
     approval of the House and Senate Committees on 
     Appropriations.
       Section 719 prohibits the use of funds for propaganda and 
     publicity purposes not authorized by Congress.
       Section 720 directs agency employees to use official time 
     in an honest effort to perform official duties.
       Section 721 authorizes the use of funds to finance an 
     appropriate share of the Federal Accounting Standards 
     Advisory Board administrative costs.
       Section 722 authorizes the transfer of funds to the General 
     Services Administration to finance an appropriate share of 
     various government-wide boards and councils under certain 
     conditions.
       Section 723 permits breastfeeding in a Federal building or 
     on Federal property if the woman and child are authorized to 
     be there.
       Section 724 permits interagency funding of the National 
     Science and Technology Council and requires the Office of 
     Management and Budget to provide a report to the House and 
     Senate on the budget and resources of the National Science 
     and Technology Council.
       Section 725 requires that the Federal forms that are used 
     in distributing Federal funds to a State must indicate the 
     agency providing the funds, the Federal Domestic Assistance 
     Number, and the amount provided.
       Section 726 prohibits the use of funds to monitor personal 
     information relating to the use of Federal Internet sites to 
     collect, review, or create any aggregate list that includes 
     personally identifiable information relating to access to or 
     use of any Federal Internet site of such agency.
       Section 727 requires health plans participating in the 
     Federal Employees Health Benefits Program to provide 
     contraceptive coverage and provides exemptions to certain 
     religious plans.
       Section 728 recognizes the United States is committed to 
     ensuring the health of the Olympic, Pan American and 
     Paralympic athletes, and supports the strict adherence to 
     antidoping in sport activities.
       Section 729 allows funds for official travel to be used by 
     departments and agencies, if consistent with OMB and Budget 
     Circular A-126, to participate in the fractional aircraft 
     ownership pilot program.
       Section 730 prohibits funds for implementation of the 
     Office of Personnel Management regulations limiting detailees 
     to the Legislative Branch or implementing limitations on the 
     Coast Guard Congressional Fellowship Program.
       Section 731 restricts the use of funds for Federal law 
     enforcement training facilities with an exception for the 
     Federal Law Enforcement Training Center.
       Section 732 prohibits funds for E-Government initiatives 
     sponsored by the Office of Management and Budget prior to 15 
     days following submission of a report to the House and Senate 
     Committees on Appropriations and receipt of the Committees' 
     approval to transfer funds. The section also prohibits funds 
     for new E-Government initiatives without the explicit 
     approval of the Committees.
       Section 733 prohibits funds to begin or announce a study or 
     public-private competition regarding conversion to contractor 
     performance pursuant to OMB Circular A-76.
       Section 734 prohibits executive branch agencies from 
     creating prepackaged news stories that are broadcast or 
     distributed in the United States unless the story includes a 
     clear notification within the text or audio of that news 
     story that the prepackaged news story was prepared or funded 
     by that executive branch agency.
       Section 735 prohibits funds from being used in 
     contravention of the Privacy Act or associated regulations.
       Section 736 requires agencies to evaluate the 
     creditworthiness of an individual before issuing a government 
     travel charge card and prohibits agencies from issuing a 
     government travel charge card to individuals who have an 
     unsatisfactory credit history.
       Section 737 requires the Office of Management and Budget to 
     submit a crosscut budget report on Great Lakes restoration 
     activities not later than 45 days after the submission of the 
     budget of the President to Congress.
       Section 738 prohibits funds in this or any other Act to be 
     used for Federal contracts with inverted domestic 
     corporations, unless the contract preceded this Act or the 
     Secretary grants a waiver in the interest of national 
     security.
       Section 739 prohibits agencies from using funds to 
     implement regulations changing the competitive areas under 
     reductions-in-force for Federal employees.
       Section 740 makes changes to Section 743 of the 
     Consolidated Appropriations Act of 2010 (Public Law 111-117) 
     to require reporting on task orders.
       Section 741 requires agencies to pay a fee to the Office of 
     Personnel Management for processing retirements of employees 
     who separate under Voluntary Early Retirement Authority or 
     who receive Voluntary Separation Incentive payments.
       Section 742 declares references to ``this Act'' contained 
     in any title other than title IV or VIII shall not apply to 
     such titles IV or VIII.
       Section 743 prohibits funds to require any entity 
     submitting an offer for a Federal contract to disclose 
     political contributions.
       Section 744 provides transfer authority for amounts made 
     available to the Commodity Futures Trading Commission for 
     information technology investments under Public Law 112-55.

                               TITLE VIII

                GENERAL PROVISIONS--DISTRICT OF COLUMBIA


                     (INCLUDING TRANSFER OF FUNDS)

       The conferees agree to the following general provisions for 
     the District of Columbia:
       Section 801 allows the use of local funds for making 
     refunds or paying judgments against the District of Columbia 
     government.
       Section 802 prohibits the use of Federal funds for 
     publicity or propaganda designed to support or defeat 
     legislation before Congress or any State legislature.
       Section 803 establishes reprogramming procedures for 
     Federal funds.
       Section 804 prohibits the use of Federal funds for the 
     salaries and expenses of a shadow U.S. Senator or U.S. 
     Representative.
       Section 805 places restrictions on the use of District of 
     Columbia government vehicles.
       Section 806 prohibits the use of Federal funds for a 
     petition or civil action which seeks to require voting rights 
     for the District of Columbia in Congress.
       Section 807 Needles--prohibits the use of Federal funds in 
     this Act to distribute, for the purpose of preventing the 
     spread of blood borne pathogens, sterile needles or syringes 
     in any location that has been determined by local public 
     health officials or local law enforcement authorities to be 
     inappropriate for such distribution.
       Section 808 concerns a ``conscience clause'' on legislation 
     that pertains to contraceptive coverage by health insurance 
     plans.
       Section 809 modifies and makes permanent a provision that 
     requires the Mayor of the District of Columbia to submit 
     annual reports on various indicators pertaining to the 
     District of Columbia as proposed by the Senate.
       Section 810 prohibits the use of Federal funds to legalize 
     or reduce penalties associated with the possession, use or 
     distribution of any schedule I substance under the Controlled 
     Substances Act or any tetrahydrocannabinols derivative.
       Section 811 prohibits the use of funds for abortion except 
     in the cases of rape or incest or if necessary to save the 
     life of the mother.
       Section 812 requires the CFO to submit a revised operating 
     budget no later than 30 calendar days after the enactment of 
     this Act for agencies the CFO certifies as requiring a 
     reallocation in order to address unanticipated program needs.
       Section 813 requires the CFO to submit a revised operating 
     budget for the District of Columbia Public Schools, no later 
     than 30 calendar days after the enactment of this Act, that 
     aligns school budgets to actual enrollment.
       Section 814 authorizes the transfer of local funds to 
     capital and enterprise funds.
       Section 815 permits the District of Columbia Public 
     Defender Service to purchase professional liability insurance 
     for its attorneys, staff and board members as proposed by the 
     Senate.
       Section 816 modifies the frequency of management 
     evaluations by the Government Accountability Office of the 
     District of Columbia's chartering authority for public 
     charter schools as proposed by the Senate.
       Section 817 specifies that references to this Act in this 
     title or title IV are treated as referring only to the 
     provisions of this title and title IV. 

[[Page H9519]]

     [GRAPHIC] [TIFF OMITTED] TH15DE11.289
     


[[Page H9520]]

     [GRAPHIC] [TIFF OMITTED] TH15DE11.290
     


[[Page H9521]]

     [GRAPHIC] [TIFF OMITTED] TH15DE11.291
     


[[Page H9522]]

     [GRAPHIC] [TIFF OMITTED] TH15DE11.292
     


[[Page H9523]]

     [GRAPHIC] [TIFF OMITTED] TH15DE11.293
     


[[Page H9524]]

     [GRAPHIC] [TIFF OMITTED] TH15DE11.294
     


[[Page H9525]]

     [GRAPHIC] [TIFF OMITTED] TH15DE11.295
     


[[Page H9526]]

     [GRAPHIC] [TIFF OMITTED] TH15DE11.296
     


[[Page H9527]]

     [GRAPHIC] [TIFF OMITTED] TH15DE11.297
     


[[Page H9528]]

     [GRAPHIC] [TIFF OMITTED] TH15DE11.298
     


[[Page H9529]]

     [GRAPHIC] [TIFF OMITTED] TH15DE11.299
     


[[Page H9530]]

     [GRAPHIC] [TIFF OMITTED] TH15DE11.300
     


[[Page H9531]]

     [GRAPHIC] [TIFF OMITTED] TH15DE11.301
     


[[Page H9532]]

     [GRAPHIC] [TIFF OMITTED] TH15DE11.302
     


[[Page H9533]]

     [GRAPHIC] [TIFF OMITTED] TH15DE11.303
     


[[Page H9534]]

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

       The following is an explanation of the effects of Division 
     D, which makes appropriations for the Department of Homeland 
     Security for fiscal year 2012. Unless otherwise noted, 
     reference to the House and Senate reports are to House Report 
     112-91 and Senate Report 112-74, respectively. The language 
     and allocations contained in House Report 112-91 and Senate 
     Report 112-74 should be complied with and carry the same 
     emphasis as the language included in the explanatory 
     statement, unless specifically addressed to the contrary in 
     the conference report or this explanatory statement. While 
     repeating some report language for emphasis, this explanatory 
     statement does not intend to negate the language referred to 
     above unless expressly provided herein. When this explanatory 
     statement refers to the Committees or the Committees on 
     Appropriations, unless otherwise noted, this reference is to 
     the House Subcommittee on Homeland Security and the Senate 
     Subcommittee on the Department of Homeland Security. In cases 
     where the explanatory statement directs the submission of a 
     report, such report shall be provided to the Committees on 
     Appropriations by February 15, 2012, unless otherwise 
     directed. In cases where the explanatory statement directs a 
     briefing, such briefing shall be provided to the Committees 
     by February 15, 2012, unless otherwise directed.
       This explanatory statement refers to the following laws and 
     organizations as follows: Implementing Recommendations of the 
     9/11 Commission Act of 2007, Public Law 110-53, is referenced 
     as the 9/11 Act; Robert T. Stafford Disaster Relief and 
     Emergency Assistance Act, Public Law 93-288 is referenced as 
     the Stafford Act; Budget Control Act of 2011, Public Law 112-
     25, is referenced as the Budget Control Act (BCA); the 
     Department of Homeland Security is referenced as DHS or the 
     Department; the Government Accountability Office is 
     referenced as GAO; and the Office of Inspector General of the 
     Department of Homeland Security is referenced as OIG. In 
     addition, any reference to ``full-time equivalents'' shall be 
     referred to as FTE; any reference to ``program, project, and 
     activity'' shall be referred to as PPA; and any reference to 
     the Secretary shall be interpreted to mean the Secretary of 
     Homeland Security.

                          Classified Programs

       Recommended adjustments to classified programs are 
     addressed in a classified annex accompanying this explanatory 
     statement.

            TITLE I--DEPARTMENTAL MANAGEMENT AND OPERATIONS

            Office of the Secretary and Executive Management

       A total of $133,159,000 is provided for ``Office of the 
     Secretary and Executive Management.'' Not to exceed $51,000 
     of this funding shall be for official reception and 
     representation expenses, including $17,000 for the Office of 
     Policy to support Visa Waiver Program negotiations in 
     Washington, DC, and for other international activities. This 
     Act also includes a provision requiring that funds made 
     available for ``Immediate Office of the Secretary'' and 
     ``Immediate Office of the Deputy Secretary'' shall be used to 
     pay costs associated with use of government aircraft by DHS 
     personnel in support of official travel of the Secretary and 
     Deputy Secretary.
       The amount provided for this appropriation by PPA is as 
     follows:

------------------------------------------------------------------------
 
------------------------------------------------------------------------
Immediate Office of the Secretary......................       $5,000,000
Immediate Office of the Deputy Secretary...............        1,918,000
Office of the Chief of Staff...........................        2,300,000
Office of Counternarcotics Enforcement.................        1,800,000
Executive Secretary....................................        8,100,000
Office of Policy.......................................       40,000,000
Office of Public Affairs...............................        5,800,000
Office of Legislative Affairs..........................        6,000,000
Office of Intergovernmental Affairs....................        2,650,000
Office of General Counsel..............................       22,400,000
Office for Civil Rights and Civil Liberties............       22,500,000
Citizenship and Immigration Services Ombudsman.........        6,200,000
Privacy Officer........................................        8,491,000
 
    Total, Office of the Secretary and Executive             133,159,000
     Management........................................
------------------------------------------------------------------------

                             Biometric Exit

       Congress has long sought the Department's determination on 
     the path forward for implementing biometric exit, and the 
     conferees have asked for a detailed plan to include costs. On 
     October 17, 2011, the Secretary sent a letter to the chairmen 
     and ranking members of relevant appropriations and 
     authorization committees outlining general concerns about 
     implementation, particularly the cost of such an undertaking, 
     and proposing legislative changes to existing law. While the 
     Secretary states, ``DHS remains committed to introducing a 
     biometric component to the exit process'', the letter does 
     not constitute a detailed plan for implementation. Therefore, 
     statutory language is included in this Act withholding funds 
     from the Office of the Secretary until the plan is submitted, 
     to include identifying associated costs.

                 Office of Counternarcotics Enforcement

       A total of $1,800,000 is provided for ``Office of 
     Counternarcotics Enforcement'' (CNE), which is available 
     until March 30, 2012, to continue CNE operations while the 
     Department conducts an orderly termination of the Office. 
     This funding may be transferred to the Office of Policy, 
     which is expected to assume policy development and 
     coordination responsibilities currently assigned to CNE, and 
     any such funds transferred will be available until September 
     30, 2012. The Assistant Secretary for Policy shall provide, 
     as part of the requirement for an expenditure plan for the 
     Office of Policy, a detailed description of any such 
     transfers.
       The termination of CNE reflects the need to streamline 
     Executive Branch efforts to carry out the counternarcotics 
     enforcement mission. Allowing the funds to be transferred to 
     the Office of Policy will ensure the Department can integrate 
     the existing CNE policy planning and coordination activities 
     within the broader Department enforcement and security 
     missions and make optimum use of the existing planning and 
     operations elements of its key law enforcement agencies. It 
     will also enable the Department, through the Office of 
     Policy, to coordinate DHS policy and programs that are 
     carried out with the Office of National Drug Control Policy 
     and other Federal, State, local, and international government 
     partners. As CNE will be terminated, the GAO is neither 
     required to submit an assessment of progress in implementing 
     OIG recommendations concerning CNE, nor to assess DHS 
     counternarcotics coordination, as required in the House 
     report.

                           Expenditure Plans

       The Department shall prepare expenditure plans for fiscal 
     year 2012 for the agencies funded under this appropriation as 
     specified in the Senate report, with the exception of CNE 
     which is being terminated. The plans shall be submitted to 
     the Committees no later than March 30, 2012. The plan for the 
     Office of Policy shall list planned projects for each sub-
     office within the Office of Policy, with their associated 
     funding and staffing requirements. In addition, should the 
     funds made available for either counternarcotics or risk 
     management and analysis functions be transferred to the 
     Office of Policy, as permitted by this Act, those resources 
     should be delineated in the manner specified for each sub-
     office in the expenditure plan, including missions, planned 
     expenditures, and activities. In addition to expenditure 
     plans described above, the Act requires additional fiscal 
     year 2012 expenditure plans, including a plan for TSA 
     passenger screening and checked baggage technology programs, 
     the Office of Infrastructure Protection and the National 
     Cyber Security Division, the Office of Health Affairs, and 
     the Federal Emergency Management Agency.
       The Department has failed to deliver a number of 
     statutorily required fiscal year 2011 expenditure plans, or 
     has delivered them unacceptably late. The Department is 
     expected to comply with Congressional direction and 
     demonstrate the priority it places on these programs and 
     submit required expenditure plans as directed and in 
     accordance with the specified deadlines. The Department 
     should already have these expenditure plans as part of its 
     routine management activities; therefore, it is notable, and 
     entirely inexcusable, that the Department did not, for 
     example, submit fiscal year 2011 expenditure plans for the 
     Office of Policy or US-VISIT--and it is well past the end of 
     the fiscal year.

                           Quarterly Reports

       The Department is directed to continue submitting the 
     quarterly Secure Border Initiative (SBI) reports, now to be 
     called the Border Security Status Report. The new reports 
     shall continue to include all performance metrics and 
     resource data from past reports in their current format, with 
     the exception that they no longer should include resource 
     data on SBI total budget obligations and outlays and budget 
     execution reports. That information already is contained in 
     the annual Border Security Fencing, Infrastructure, and 
     Technology expenditure plan. Additionally, the Department 
     shall include the following in the report: (a) estimates of 
     the impact of programs (such as Operation Streamline) that 
     are intended to reduce the rate of recidivism of illegal 
     border crossers; (b) for ports of entry, the maritime domain, 
     and between the ports of entry: (1) estimates of total 
     attempted border crossings; (2) the rate of apprehension of 
     attempted border crossings; and (3) the inflow into the 
     United States of illegal entrants that evade apprehension; 
     and (c) data on the subsequent enforcement actions associated 
     with Customs and Border Protection (CBP) apprehensions, such 
     as voluntary return, expedited removal, transfer to 
     Immigration and Customs Enforcement (ICE) custody, transfer 
     for criminal prosecution, Mexican Interior Repatriation 
     Program, and other categories necessary to provide an 
     accurate accounting of such actions.
       The Department is directed to submit quarterly reports on 
     operations in a timely manner, including the overdue SBI 
     Quarterly Status reports, the new Border Security Status 
     Reports, the Secure Communities Quarterly Reports, and the 
     Detention and Removal Operations Quarterly Reports. These 
     reports present critical operational statistics, readily 
     available to the Department, which are necessary for 
     appropriate oversight. However, in many instances, the 
     Department has failed to provide these reports in accordance 
     with specified deadlines, with submissions being so late that 
     these reports

[[Page H9535]]

     limit the Committees' ability to ensure timely oversight.

                          Working Capital Fund

       The Department shall include a separate justification in 
     its fiscal year 2013 budget request for the Working Capital 
     Fund (WCF), as specified in the House report. This 
     justification shall identify and explain cross-cutting 
     initiatives or activities that benefit multiple organizations 
     and are not included in the WCF. The Department shall notify 
     the Committees promptly of any changes made to the WCF during 
     the fiscal year and should not use the WCF to support 
     activities for which funding requests were previously 
     disapproved by the Committees.

            Official Reception and Representation Allowances

       The Department is directed to submit quarterly reports to 
     the Committees listing obligations for all DHS Reception and 
     Representation Expenses by purpose and dollar amount, at a 
     level of detail provided in fiscal year 2011, or in greater 
     detail if that is required to explain how funds were used. 
     The Department shall review the level of reception and 
     representation allowances for its agencies and components to 
     assure they align with missions and responsibilities and 
     submit any proposed changes as part of the fiscal year 2013 
     budget request.

           Coordination of Federal Chemical Security Efforts

       The Department is expected to execute a Memorandum of 
     Agreement between the National Protection and Programs 
     Directorate and the Coast Guard regarding harmonization of 
     chemical security responsibilities established by Chemical 
     Facilities Anti-Terrorism Standards regulations and Maritime 
     Transportation Security Act regulatory programs no later than 
     March 30, 2012. The Deputy Secretary is directed to submit 
     reports on chemical security efforts to the Committees on 
     Appropriations as directed in the Senate report. However, the 
     reports shall be submitted on a semi-annual basis instead of 
     quarterly with the first report due no later than March 30, 
     2012.

           Federally Funded Research and Development Centers

       The Department is directed to report semi-annually to the 
     Committees on Appropriations on projects tasked to Federally 
     Funded Research and Development Centers as directed in the 
     Senate report and to immediately submit reports for fiscal 
     years 2010 and 2011, which are unacceptably late.

                             Cybersecurity

       Both the Department of Homeland Security and the National 
     Guard have capabilities, in conjunction with the private 
     sector, to respond to issues related to cybersecurity. In an 
     effort to improve coordination between the Federal government 
     and the private sector and to exploit and enhance the 
     capabilities of both sectors, the conferees direct the Deputy 
     Secretary of DHS, jointly with the Deputy Secretary of 
     Defense, to submit a report to the Committees no later than 
     May 1, 2012, regarding the capabilities for a coordinated 
     response to a cyber attack. The report shall evaluate the 
     costs and benefits of deploying the National Guard, or other 
     equivalent civilian teams, to supplement current abilities to 
     prevent and recover from a cyber attack. The report shall 
     also include: a description of current activities of both DHS 
     and the National Guard related to the deployment of teams to 
     help prevent or recover from a cyber attack; the authorities 
     of each Department, including the boundaries of such 
     authorities and statutory changes that may be necessary to 
     use joint authorities in a domestic response; a description 
     of training and education efforts; and a discussion of how 
     critical relationships can be established across the agencies 
     to fulfill cybersecurity responsibilities.

                       Freedom of Information Act

       The Privacy Officer is directed to report to the Committees 
     on Appropriations no later than 30 days after the date of 
     enactment of this Act on measures put in place to implement 
     the OIG's recommendations to fix problems identified with the 
     Department's Freedom of Information (FOIA) activities (OIG-
     11-67), including whether and how recent adjustments to DHS 
     FOIA policies and procedures have improved the processing of 
     inquiries, such as decreasing wait times for approval of 
     significant requests.

                     Departmental Integrity Efforts

       Since Congress initiated significant increases in funding 
     for border security and immigration enforcement in 2005, CBP 
     has hired more than 19,176 new employees, a 46 percent 
     increase, and ICE has hired over 4,747 new personnel, a 31 
     percent increase. Since 2007, in an effort to reduce the 
     potential for increased corruption, the Congress has provided 
     over $11,000,000 more than Presidents have requested for 
     program integrity efforts. It is expected that the President 
     will join Congress in the effort to get ahead of this problem 
     by including increased resources in the fiscal year 2013 
     budget request.

              Office of the Under Secretary for Management

       A total of $235,587,000 is provided for ``Office of the 
     Under Secretary for Management,'' of which not to exceed 
     $2,500 shall be for official reception and representation 
     expenses. Within this amount, $5,000,000 shall be available 
     until September 30, 2016, solely for costs of facilities 
     alteration and improvement, tenant improvements, and 
     relocations to consolidate DHS headquarters operations at the 
     Nebraska Avenue Complex.
       Pursuant to section 560, a total of $55,979,000 is provided 
     for ``Office of the Under Secretary for Management'' for 
     costs associated with headquarters consolidation and mission 
     support consolidation. These funds shall be prioritized 
     towards the completion of phase I of the headquarters 
     consolidation project at the St. Elizabeths site in order to 
     avoid further increases to cost and schedule. The Under 
     Secretary shall submit an expenditure plan no later than 90 
     days after the date of enactment of this Act detailing how 
     these funds will be allocated, including a revised schedule 
     and cost estimates for headquarters consolidation. Quarterly 
     briefings are required on headquarters and mission support 
     consolidation activities, including any deviation from the 
     expenditure plan.
       The amount provided for this appropriation by PPA is as 
     follows:

------------------------------------------------------------------------
 
------------------------------------------------------------------------
Immediate Office of the Under Secretary for Management.       $2,550,000
Office of Security.....................................       70,000,000
Office of the Chief Procurement Officer................       78,000,000
Office of the Chief Human Capital Officer:
    Salaries and Expenses..............................       25,165,000
    Human Resources Information Technology.............       14,172,000
                                                        ----------------
        Subtotal.......................................       39,337,000
Office of Chief Administrative Officer:
    Salaries and Expenses..............................       40,700,000
    Nebraska Avenue Complex............................        5,000,000
                                                        ----------------
        Subtotal.......................................       45,700,000
                                                        ----------------
            Total, Office of the Under Secretary for         235,587,000
             Management................................
------------------------------------------------------------------------

                        Polar Icebreaker Program

       None of the requested funding is provided for a new study 
     of the need for Coast Guard icebreakers. Given the findings 
     of previous reports and analyses of this issue, the 
     Department is urged to develop a concept of operations and 
     resource plan to meet national icebreaking needs, including 
     leveraging expertise within the Coast Guard and Science and 
     Technology Directorate. The Under Secretary shall brief the 
     Committees on the status of this plan no later than 90 days 
     after the date of enactment of this Act.

         Comprehensive and Quarterly Acquisition Status Reports

       Senate Report 111-31 directed the submission of quarterly 
     acquisition reports for major acquisitions. The quarterly 
     reports for fiscal year 2010 were not submitted to Congress 
     at the end of each quarter as directed, but instead all four 
     quarterly reports were combined into one report and submitted 
     on April 12, 2011--over six months after the end of fiscal 
     year 2010. This lack of responsiveness is unacceptable, 
     especially since the information requested is already 
     required by the Department as part of its own acquisition 
     oversight process.
       In order to obtain the information necessary for in-depth 
     congressional oversight, statutory language is included in 
     this Act under ``Office of the Under Secretary for 
     Management'' that requires a Comprehensive Acquisition Status 
     Report to be included as part of the submission of the 
     President's fiscal year 2013 budget, with quarterly updates 
     to be submitted 30 days after the completion of each quarter. 
     The requirements for both reports are addressed below.
       The Comprehensive Acquisition Status Report shall include 
     programs identified for Major Acquisition Oversight as 
     defined in the Department memorandum titled ``Department of 
     Homeland Security Major Acquisition Oversight List'' dated 
     January 25, 2011, and programs that have been classified for 
     major acquisition oversight subsequent to the referenced 
     memorandum.
       The Comprehensive Acquisition Status Report shall include 
     for each major acquisition:
       1. A narrative description to include current gaps and 
     shortfalls, the capabilities to be fielded, and the number of 
     planned increments and/or units;
       2. Acquisition Review Board (or other board designated to 
     review the acquisition) status of each acquisition, including 
     the current acquisition phase, the date of the last review 
     and a listing of the required documents that have been 
     reviewed with the dates reviewed and/or approved;
       3. The most current approved Acquisition Program Baseline 
     (to include project schedules and events);
       4. A comparison of the original Acquisition Program 
     Baseline, the current Acquisition Program Baseline, and the 
     current estimate;
       5. Whether or not an Independent Verification and 
     Validation has been implemented, with an explanation for the 
     decision and a summary of any findings;
       6. A rating of cost risk, schedule risk, and technical risk 
     associated with the program (including narrative descriptions 
     and mitigation actions);
       7. Contract status (to include earned value management data 
     as applicable);
       8. A life-cycle cost of the acquisition, and time basis for 
     the estimate;
       9. A planned procurement schedule, including the best 
     estimate of the annual cost and increments/units to be 
     procured annually until procurement is complete;

[[Page H9536]]

       10. A table delineated by appropriation that provides (for 
     prior years; past year; current year; budget year; budget 
     year plus one; budget year plus two; budget year plus three; 
     budget year plus four and beyond; and total cost) the actual 
     or estimated appropriations, obligations, unobligated 
     authority, and planned expenditures;
       11. The reason for any significant changes (from the 
     previous comprehensive report) in acquisition quantity, cost, 
     or schedule;
       12. Key Events/Milestones from the prior fiscal year; and
       13. Key Events/Milestones for the current fiscal year.
       Quarterly reports shall include:
       1. An updated status report on any major acquisition for 
     which there has been an approved or a new acquisition program 
     baseline, a new acquisition decision memorandum, or where 
     there has been significant deviation from the prior report 
     with respect to acquisition cost, quantity, or schedule (a 
     significant change is any deviation in cost or quantity that 
     exceeds eight percent or any change in schedule that exceeds 
     six months).
       2. A table depicting the title of the program, quantity and 
     cost based on the original Acquisition Program Baseline, 
     quantity and cost based on the most current acquisition 
     program baseline, the quantity and cost of the most current 
     estimate, and the explanation for any change in quantity and 
     cost from prior reports.
       3. If applicable, a copy of the acquisition decision 
     memorandum, together with a copy of the Letter of Assessment 
     signed by the Director of Testing and Evaluation.
       The requirements described under this heading shall replace 
     those included in Senate Reports 111-31 and 112-74.

                Office of the Chief Procurement Officer

       A total of $78,000,000 is provided for ``Office of the 
     Chief Procurement Officer'' (OCPO), including an increase of 
     $3,403,000 to enhance DHS acquisition capabilities.
       OCPO shall brief the Committees no later than February 15, 
     2012, on its acquisition workforce initiative, as directed in 
     the House and Senate reports, including: a baseline analysis 
     of its workforce and requirements used in defining the gaps 
     in DHS acquisition capacity and determining the skill sets 
     and positions needed to fill those gaps; risks of not filling 
     needed positions; and the long-term strategy to close 
     competency gaps. In cases where component requests for the 
     Federal Acquisition Workforce Initiative were not funded at 
     the requested amount, components should use existing 
     appropriations and fee authority to hire and train highly 
     qualified acquisition personnel for which there are clearly 
     defined requirements.

               Office of the Chief Human Capital Officer

       A total of $39,337,000 is provided for ``Office of the 
     Chief Human Capital Officer'' (OCHCO), including an increase 
     of $688,000 for salaries and expenses to enhance the Balanced 
     Workforce Program Office, workforce training, and leadership 
     development. A total of $14,172,000 is included for the Human 
     Resources Information Technology program.

  Secretary's Efficiency Review and the Balanced Workforce Initiative

       The Under Secretary for Management and the Chief Human 
     Capital Officer are directed to brief the Committees on 
     Appropriations no later than February 15, 2012, on the 
     results of the Secretary's Efficiency Review and the ongoing 
     Balanced Workforce Initiative. The briefing should cover, by 
     priority, efficiencies identified through the Review and 
     progress in implementing them; components and specific 
     procurements where additional oversight personnel are 
     required and where they are being or are planned to be 
     deployed; and how reforms in headquarters structure and 
     function are improving support and management for Department 
     field operations. The briefing should cover the status of the 
     ongoing Balanced Workforce Initiative; provide the most 
     current list of positions DHS plans to convert from 
     contractor to Federal positions, and progress against that 
     list; and discuss estimated savings from that effort and the 
     methodology used to calculate those savings.
       The Department is directed to arrange for an independent 
     evaluation of its efficiency review and provide the results 
     to the Committees on Appropriations no later than 30 days 
     after its completion.

                 Office of the Chief Financial Officer

       A total of $50,860,000 is provided for ``Office of the 
     Chief Financial Officer.'' The amount provided includes a 
     decrease from the budget request of $11,000,000 for the 
     Transformation and Systems Consolidation (TASC) project due 
     to the Department's decision to cancel acquisition plans for 
     TASC.

                      Annual Budget Justifications

       Both Senate and House reports call for improvements in the 
     content, detail, and format of annual Congressional Budget 
     Justifications submitted by the Department and its 
     components. It is essential to the work of Congress that such 
     information be timely, accurate, concise, and organized in 
     such a way that facilitates the comparison of current with 
     proposed appropriations for programs, projects, and 
     activities. Developing comprehensive and clear justifications 
     not only disciplines the planning and resource allocation 
     process but could also reduce the need for ancillary budget 
     explanations and program and project expenditure plans and 
     the associated withholding of funding necessitated by the 
     Department's failure to submit these in a complete or timely 
     manner.
       Current budget presentation materials, while lengthy and 
     containing a wide range of program data, do not uniformly 
     provide the information the Committees need to assess the 
     impact of the funding being proposed, how it compares to 
     prior year actual appropriations and funded FTE levels, or to 
     evaluate activities proposed to be continued, terminated, or 
     initiated. Terminology is sometimes ambiguous, or used 
     inconsistently, including terms such as interagency transfers 
     or ``transfers'' between PPAs; adjustments to base; 
     ``authorized'' rather than ``funded'' position and FTE 
     levels; or unspecified references to ``technical 
     adjustments'' or ``administrative savings.''
       Current services descriptions of agency activity and 
     accomplishments, while providing a context for agency 
     operations and budgets, should be consolidated and presented 
     separately from the core justification for appropriations.
       To address the concerns described above, the Chief 
     Financial Officer is directed to ensure that fiscal year 2013 
     budget justifications for classified and unclassified budgets 
     of all Department components are submitted on February 6, 
     2012, concurrent with the President's budget submission to 
     Congress. The justifications shall include:
       1. Detailed data and explanatory descriptions for each 
     appropriations request, and for each PPA reflected in the 
     table accompanying this statement, including offices that 
     have been identified as PPAs. Information regarding actual 
     and planned accomplishments should be in quantifiable terms 
     and demonstrate a direct relationship to funding;
       2. Tables that reflect actual and estimated funding by PPA 
     for fiscal years 2011 and 2012; identify each increase, 
     decrease, transfer, and staffing change proposed in fiscal 
     year 2013; and explain such year-to-year changes in terms 
     that are clear and unambiguous, and exclude nonspecific terms 
     such as ``technical adjustment'' or ``administrative 
     savings'' unless accompanied by a detailed explanation. To 
     establish a common baseline reference, the fiscal year 2012 
     discretionary data shall tie to the fiscal year 2012 
     discretionary total in the table accompanying this statement 
     or have a table identifying each change. Explanations of 
     adjustments to base funding, whether increases or decreases, 
     should be specific, and programmatic changes and initiatives 
     should be clearly identified and justified;
       3. For each PPA that is comprised of acquisition and 
     procurement activity, the justification should address all 
     proposed spending using a zero-based budget description;
       4. Information by appropriations account and PPA on all 
     reimbursable agreements and significant uses of the Economy 
     Act for each fiscal year;
       5. A detailed table identifying the last year that 
     authorizing legislation was enacted into law for each PPA, 
     including the amount of the authorization and the 
     appropriation in the last year of authorization;
       6. The text and citation of all Department appropriations 
     provisions enacted to date that are permanent law;
       7. Explanations and justifications for all proposed 
     legislative language changes, whether they are new or amend 
     existing law, whether they are substantive or technical in 
     nature, with an annotated comparison of proposed versus 
     existing language; and
       8. A report on the status of overdue Committee reports, 
     plans, and briefings for each of fiscal years 2011 and 2012.
       Consistent with section 874 of Public Law 107-296, the 
     Department shall submit a Future Years Homeland Security 
     Program budget as part of the fiscal year 2013 budget 
     justification, reflecting anticipated spending for fiscal 
     years 2013-2017. It shall be in unclassified form so as to be 
     accessible to the general public.

                    Financial Management Improvement

       The Office of the Chief Financial Officer is directed to 
     keep the Committees fully informed on financial management 
     improvement plans for the Department, as required in the 
     House and Senate reports, including any centralized or 
     decentralized solutions that would fulfill the objectives 
     originally set for the TASC project and any plans for 
     integrating the Department's remaining management systems for 
     acquisitions and assets. Balances remain available for TASC 
     from prior-year appropriations, which may be obligated for 
     TASC closeout costs or obligated for additional financial 
     management plans in fiscal year 2012 if a new strategy is 
     approved by the DHS Acquisition Review Board and if the 
     Department completes an independent evaluation to validate 
     that strategy prior to obligation of any of these funds. In 
     order to maintain other Department-wide management 
     initiatives, $5,000,000 is rescinded from unobligated 
     balances related to this effort. This rescission is from 
     funds appropriated in fiscal years 2005 and 2006.

                Nuclear Detection Technology Acquisition

       The Office of Program Analysis and Evaluation is directed 
     to undertake an evaluation of the Department's current 
     approach to acquisition of technology and systems for its 
     nuclear detection mission, which is presently conducted 
     through the Domestic Nuclear Detection Office, and an 
     analysis of alternative approaches, including assigning 
     acquisition responsibilities and resources to component 
     agencies that own and operate the technology. The evaluation 
     shall include a cost-benefit analysis of the relevant 
     options. The

[[Page H9537]]

     results of this review shall be submitted to the Committees 
     no later than 120 days after the date of enactment of this 
     Act.

                               User Fees

       The Department is directed to continue submitting user fee 
     collections and balances on a semi-annual basis rather than 
     quarterly, including steps taken to mitigate any shortfalls 
     in collections.

                Office of the Chief Information Officer

       A total of $257,300,000 is provided for ``Office of the 
     Chief Information Officer.''
       The amount provided for this appropriation by PPA is as 
     follows:
Salaries and Expenses......................................$105,500,000
Information Technology Services..............................38,800,000
Infrastructure and Security Activities.......................69,000,000
Homeland Secure Data Network.................................44,000,000
                                                       ________________
                                                       
  Total, Office of the Chief Information Officer...........$257,300,000

                         Salaries and Expenses

       A total of $105,500,000 is provided for ``Salaries and 
     Expenses.'' Within the funding provided for this 
     appropriation, $253,000 is provided to strengthen acquisition 
     workforce capabilities.

                 Infrastructure and Security Activities

       A total of $69,000,000 is provided for ``Infrastructure and 
     Security Activities.'' The multi-year investment and 
     management plan shall include details on how the activities 
     under this heading are to be funded.

                         Data Center Migration

       Section 556 provides $70,000,000 for data center migration. 
     The CIO shall notify the Committees on the initial allocation 
     of this funding within 45 days after the date of enactment of 
     this Act. The CIO shall continue to provide quarterly 
     briefings to the Committees on the progress of data center 
     development and migration. Given that component data center 
     migration schedules may shift during the course of the fiscal 
     year based on changing circumstances and priorities the 
     general provision includes authority for the Secretary to 
     transfer funds made available for data center migration, as 
     necessary, among components based on revised schedules and 
     priorities with 15 days prior notice to the Committees.

                        Analysis and Operations

       A total of $338,068,000 is provided for ``Analysis and 
     Operations,'' of which $141,521,000 shall remain available 
     until September 30, 2013. No funding is provided for the C2 
     Gap Filler Technology initiative. The Department's Chief 
     Intelligence Officer is directed to submit an expenditure 
     plan no later than 60 days after the date of enactment of 
     this Act to the Committees, as required in the Senate report. 
     Additional information on funding levels and reporting 
     requirements are detailed in the classified annex 
     accompanying this statement.

                 State and Local Fusion Center Program

       The Office of Intelligence and Analysis (I) is directed 
     to develop robust programmatic justification to better 
     identify and quantify the Federal benefit and return on 
     investment from the State and Local Fusion Center (SLFC) 
     program. I shall submit such justification at the time the 
     President's fiscal year 2013 budget is submitted and provide 
     semi-annual briefings on the fusion center program, in lieu 
     of a quarterly reporting requirement in the House report and 
     quarterly briefing requirements in the Senate report. The 
     first briefing shall occur no later than February 15, 2012, 
     conform to the requirements outlined in the Senate report, 
     and include metrics to judge the success of the SLFC program.

                      Office of Inspector General

       A total of $141,000,000 is provided for ``Office of 
     Inspector General,'' including $117,000,000 in direct 
     appropriations and $24,000,000 transferred from the Disaster 
     Relief Fund (DRF) for audits and investigations related to 
     that funding. The OIG is directed to submit a plan for 
     expenditure of all funds no later than 30 days after the date 
     of enactment of this Act, in lieu of the 90 day requirement 
     in the Senate report. The Office is further directed to 
     notify the Committees of all transfers from the DRF by 
     including them in the Department of Homeland Security Chief 
     Financial Officer's monthly budget execution reports 
     submitted to the Committees, in lieu of the 15-day advance 
     notification required in the Senate report. These reports 
     shall satisfy the requirements for notification of DRF 
     transfers under section 503 of this Act.

                        Integrity Investigations

       Within the funding provided for this appropriation, an 
     increase of no less than $4,000,000 is provided for integrity 
     investigations. In lieu of the 45-day requirement in the 
     Senate report OIG is directed to submit, no later than 30 
     days after the date of enactment of this Act, a plan for 
     expenditure of integrity oversight funds in coordination with 
     CBP and ICE. This plan shall be submitted along with the 
     overall expenditure plan for OIG.

          TITLE II--SECURITY, ENFORCEMENT, AND INVESTIGATIONS

                   U.S. Customs and Border Protection


                         SALARIES AND EXPENSES

       A total of $8,680,118,000 is provided for ``Salaries and 
     Expenses.'' The request for Headquarters, Management, and 
     Administration is reduced by $3,452,000 for the Acquisition 
     Workforce Initiative, the data center migration funds, and 
     $10,400,000 in additional administrative savings. Data center 
     migration is funded through a general provision. The funding 
     level also reflects an additional $5,000,000 for integrity 
     programs.
       Border Security Inspections and Trade Facilitation is 
     funded at $2,484,235,000, including the following for 
     requested initiatives: $44,407,000 for the adjustment for law 
     enforcement journeyman pay costs; $86,109,000 for prior year 
     annualization of 963 CBP officers; $20,692,000 for an 
     additional 300 CBP officers at new and expanded ports of 
     entry; $2,212,000 for additional canine units at ports of 
     entry; and $7,499,000 to expand the Immigration Advisory 
     Program to four additional locations. Funds provided for the 
     following critical operations include increases above the 
     request:
       $74,557,000 for International Cargo Screening, including 
     $3,287,000 for the Secure Freight Initiative and $71,270,000 
     for the Container Security Initiative;
       $41,400,000 for Automated Targeting Systems which will 
     enable enhancements to one of the Department's most effective 
     counter-terrorism and security capabilities;
       $51,950,000 for the National Targeting Center, including 
     the requested increase of $16,400,000 for 45 new CBP officers 
     and 20 new analysts, as well as an additional $5,000,000 to 
     ensure operations are appropriately staffed; and
       $151,298,000 for trade compliance and enforcement efforts 
     in the Office of Trade, including an increase of $5,000,000 
     for personnel, enhanced targeting, and strategy development.
       The enacted funding level has been adjusted to reflect the 
     passage of Public Law 112-42, which removed the exemption 
     from COBRA fee collections for certain travelers. This will 
     result in additional revenue of $110,000,000 annually and 
     $83,000,000 in fiscal year 2012, to support CBP inspection 
     services. Such revenue is to directly support 21,186 CBP 
     officers.
       Border Security and Control between Ports of Entry is 
     funded at $3,619,604,000, which reflects an increase of 
     $191,459,000 for prior year annualization of 1,000 additional 
     agents along with support personnel funded in the fiscal year 
     2010 Border Security Supplemental, as well as $184,717,000 
     for the adjustment for law enforcement journeyman pay costs, 
     as requested. This overall level will support a Border Patrol 
     agent force of 21,370 (compared to 12,349 in fiscal year 
     2006), including 2,212 deployed to the Northern Border and 
     18,415 deployed to the Southwest Border.
       The amount provided for this appropriation by PPA is as 
     follows:
Headquarters, Management, and Administration:
  Management and Administration, Border Security Inspections and Trade 
    Facilitation...........................................$667,794,000
  Management and Administration, Border Security and Control between 
    Ports of Entry..........................................717,309,000
  Rent......................................................483,749,000
                                                       ________________
                                                       
    Subtotal, Headquarters Management and Administration..1,868,852,000
Border Security Inspections and Trade Facilitation:
  Inspections, Trade, and Travel Facilitation at Ports of 2,484,235,000
  Harbor Maintenance Fee Collection (Trust Fund)..............3,274,000
  International Cargo Screening..............................74,557,000
  Other international programs...............................10,684,000
  Customs-Trade Partnership Against Terrorism (C-TPAT).......44,979,000
  Trusted Traveler Programs...................................6,311,000
  Inspection and Detection Technology Investments...........148,537,000
  Automated Targeting Systems................................41,400,000
  National Targeting Center..................................51,950,000
  Training...................................................37,834,000
                                                       ________________
                                                       
    Subtotal, Border Security Inspections and Trade Facili2,903,761,000
Border Security and Control between Ports of Entry:
  Border Security and Control.............................3,530,994,000
Training                                                     88,610,000
                                                       ________________
                                                       
    Subtotal, Border Security and Control between POEs....3,619,604,000
    Air and Marine Operations...............................287,901,000
                                                       ________________
                                                       
    Total, CBP Salaries and Expenses.....................$8,680,118,000

                        Revised Budget Structure

       CBP is directed to propose a subdivision of the 
     Inspections, Trade, and Travel Facilitation at Ports PPA and 
     the Border Security and Control PPA within the ``Salaries and 
     Expenses'' appropriation in conjunction with the budget 
     submission for fiscal year 2013. At funding levels of 
     $2,484,235,000 and

[[Page H9538]]

     $3,530,994,000, respectively, the PPAs and the accompanying 
     budget justifications have not provided adequate detail for 
     appropriate oversight of these funds. CBP shall brief the 
     Committees on its proposed structure prior to submission of 
     its budget request. For instance, each PPA could be 
     subdivided into budget activities, such as: officer or agent 
     pay, civilian pay, equipment, operations and maintenance, and 
     procurement. CBP should provide a crosswalk from the 2012 
     budget structure to the new 2013 budget structure so that the 
     Committees can easily compare funding levels for the 
     activities within these new PPAs.
       Further, CBP is directed to comply with the direction 
     included under the heading ``Office of Chief Financial 
     Officer'' with respect to improved budget justifications.

                 Financial Plan by Office Requirements

       CBP is directed to provide the financial plan by office as 
     required by the Senate report. In addition, CBP shall include 
     its estimate by office with the budget justification material 
     for fiscal year 2013.

       Staffing and Fees Supporting CBP Port of Entry Operations

       CBP is directed to submit its staffing model for Field 
     Operations no later than February 15, 2012. In addition, CBP 
     shall address the reporting requirements related to manpower 
     and innovation in the House report and considerations related 
     to the staffing model in the Senate report.

                          Outbound Inspections

       CBP shall brief the Committees no later than February 15, 
     2012, on its plans for outbound operations, as outlined in 
     the House report, and its 3-year strategy to improve and 
     deploy technology for outbound inspections, as discussed in 
     the Senate report.

                Entry Process Improvements for Travelers

       CBP shall submit a report no later than February 15, 2012, 
     on actions taken to improve the entry process, as discussed 
     in the Senate report.

                       Trusted Traveler Programs

       The Department shall brief the Committees on all DHS 
     trusted traveler programs, as discussed in the Senate report, 
     no later than February 15, 2012.

                       Cargo Screening Activities

       As discussed in the House and Senate reports, CBP shall 
     brief the Committees no later than February 15, 2012, on its 
     guidelines regarding low risk shipments and how it is 
     improving trade processing and coordination.

       Non-Intrusive Inspection and Radiation Detection Equipment

       CBP is required to provide an investment and management 
     plan for CBP's Non-Intrusive Inspection and Radiation 
     Detection Equipment needs. The plan shall address all funds 
     from all sources, not just the Inspection and Detection 
     Technology PPA, including funding within the Domestic Nuclear 
     Detection Office ``Systems Acquisition'' appropriation.

       Automated Targeting Systems and National Targeting Center

       CBP shall brief the Committees no later than January 13, 
     2012, on the use of the additional funds provided for these 
     critical activities.

                     Maritime Supply Chain Security

       No funds are provided for the 100 percent scanning pilots 
     proposed in the President's budget request. DHS has failed to 
     provide any details or plans regarding how the proposed 
     $7,500,000 would be used. Furthermore, while the 
     Administration has been working on a supply chain security 
     strategy to address this mandate, it has still not been 
     submitted to the Committees. For that reason, these funds 
     have been applied to address shortfalls in the request for 
     the Container Security Initiative, a key supply chain 
     security layer.

        Border Patrol and Border Security between Ports of Entry

       CBP shall submit a report to the Committees no later than 
     90 days after the date of enactment of this Act on its five-
     year staffing and deployment plan for the Border Patrol. In 
     addition, the budget justification for fiscal year 2013 shall 
     include a plan detailing staffing and funding for the 
     Northern Border. CBP and ICE shall provide semi-annual 
     briefings on assaults on personnel, threats to the border, 
     and progress made on addressing the threats as required in 
     the Senate report, with the first briefing no later than 
     February 15, 2012. At the first briefing, CBP also shall 
     brief on funds allocated for the health, welfare, and safety 
     of Border Patrol agents, as directed in the House report.

                        Access to Federal Lands

       As provided in the House report, the Departments of 
     Homeland Security, Agriculture, and Interior are directed to 
     brief the Committees no later than February 15, 2012, on 
     their plan to address the Border Patrol's access to Federal 
     lands, as appropriate and necessary, to ensure the border 
     security of the United States. DHS shall also brief the 
     Committees no later than February 15, 2012, on its 
     implementation of GAO's recommendations for border security 
     coordination on Southwest Federal lands contained in GAO-11-
     38 and GAO-11-177.

                     Joint Field Command Structure

       While CBP allocated funds within its budget for the Joint 
     Field Command (JFC), it is important to understand the cost-
     benefit for establishing the JFC and whether CBP intends to 
     establish this concept in other areas along the border. As 
     discussed in the House and Senate reports, CBP is directed to 
     brief the Committees no later than February 15, 2012.

                           Integrity Programs

       An additional $5,000,000 above the amount requested is 
     provided for CBP's integrity programs, for a total of 
     $165,681,000. CBP is directed to provide the briefing 
     required in the House report by January 13, 2012.

                          Detention Statistics

       CBP is directed to review how it collects and manages 
     information about individuals arrested and detained in CBP 
     custody for less than 72 hours, including the facilities used 
     for detaining such individuals. The review shall include ways 
     to address data quality, standardize definitions, and utilize 
     current reporting systems to routinely report on short-term 
     detention. In a briefing to occur no later than 120 days 
     after the date of enactment of this Act, CBP shall brief the 
     Committees on its review and on its policies and procedures 
     relating to conditions of facilities and what standards 
     govern the conditions and duration of custody.

                    Trade Compliance and Enforcement

       An additional $5,000,000 above the amount requested is 
     provided for trade compliance and enforcement efforts. CBP is 
     directed to submit to the Committees the reports specified in 
     the Senate report, including the 3-year trade compliance 
     strategy and the antidumping and countervailing duty reports, 
     within the timeframes detailed in that report. In addition, 
     CBP shall submit the reports under the headings ``Textile 
     Transshipment Enforcement'' and ``Circumvention of Customs 
     Duties--Imports from China,'' as discussed in the House 
     report, within the timeframes detailed in that report.

               Multi-Year Investment and Management Plans

       As provided in section 568, CBP is required to submit a 
     multi-year investment and management plan with the 
     congressional budget justification materials for all 
     appropriated funds from all sources executed by the Office of 
     Information Technology (OIT) to provide a full picture of 
     CBP's information technology activities. It is expected that 
     the acquisition program baselines for Level I and II programs 
     under OIT will be provided as part of the comprehensive 
     acquisition status reports provided by the under Secretary 
     for management.
       A similar requirement is also included for funds in the 
     ``Border Security Fencing, Infrastructure, and Technology'' 
     (BSFIT) appropriation.

                        Transportation of Aliens

       In response to OIG inquiries and OIG 11-27, CBP has taken 
     great strides to streamline its costs associated with 
     transportation and removal of aliens between Field Operations 
     and Border Patrol. ICE has also made progress in analyzing 
     and more efficiently managing its transportation costs. The 
     next step, however, has not been taken in a comprehensive 
     manner--exploring options for coordination of transportation 
     locally, regionally, and nationally, or sharing of 
     transportation resources between CBP and ICE given 
     constrained resources across DHS. CBP and ICE are directed to 
     brief the Committees no later than 180 days after the date of 
     enactment of this Act on the results of their joint efforts 
     to take advantage of such efficiencies.

            Office of Technology Innovation and Acquisition

       There is no clear plan for the Office of Technology 
     Innovation and Acquisition (OTIA), including staffing and 
     financing. CBP does not have authority to use funds provided 
     to the ``Automation Modernization'' or the BSFIT 
     appropriations for OTIA expenses. If additional funding from 
     appropriations outside of ``Salaries and Expenses'' can be 
     justified, a transfer request must be submitted pursuant to 
     section 503 of this Act. All funds for OTIA shall be 
     requested within the ``Salaries and Expenses'' appropriation 
     for fiscal year 2013.

                            Invasive Species

       CBP is directed to fund activities associated with control 
     of invasive species, such as Carrizo cane, from within the 
     BSFIT appropriation.


                        AUTOMATION MODERNIZATION

       A total of $334,275,000 is provided for ``Automation 
     Modernization.'' Of that amount, not less than $140,000,000 
     is for the Automated Commercial Environment (ACE). As 
     provided in a general provision, CBP is required to submit a 
     multi-year investment and management plan with the 
     congressional budget justification materials for all funds 
     executed by OIT to provide a full picture of CBP's 
     information technology activities.

                ACE and International Trade Data System

       CBP shall brief the Committees on a quarterly basis on ACE 
     progress, including the same information they have previously 
     provided in quarterly reports. CBP shall use funds as 
     necessary for the International Trade Data System (ITDS). 
     Furthermore, prior year balances for ITDS are available for 
     other priorities, such as ensuring completion of Cargo 
     Release as planned. At the second quarterly briefing of 
     fiscal year 2012, CBP shall provide its plans for use of 
     these prior year balances.

                                  TECS

       CBP and ICE are directed to jointly brief the Committees on 
     the status of modernization efforts, including their progress 
     and plans forward, on a semi-annual basis.

[[Page H9539]]

        BORDER SECURITY FENCING, INFRASTRUCTURE, AND TECHNOLOGY

       A total of $400,000,000 is provided for BSFIT. Within the 
     total provided under this heading, $20,000,000 is for 
     Northern Border technology, $40,000,000 is for tactical 
     communications, and $3,000,000 is for environmental 
     assessment and mitigation, as requested. When the amount made 
     available under this heading is combined with unobligated 
     balances, a total of $774,874,359 is available for this 
     function in fiscal year 2012.
       While it is clear that the Border Patrol requires 
     additional tools and technology to execute its critical 
     mission, concerns remain about the proposed Arizona Border 
     Technology Plan and the administration's slow execution of 
     funds provided in this appropriation. The prolonged delay in 
     procurements, particularly for purchase and upgrade of Remote 
     Video Surveillance Systems, is extremely concerning. Further, 
     the fact that the President's request includes a plan to 
     procure three off-the-shelf integrated fixed tower systems 
     after the Secretary's decision to terminate SBInet, despite 
     the benefits now being realized by the Border Patrol from the 
     system, raises questions. Under the best of circumstances, 
     the contract for two of these towers would not be awarded 
     until the summer of 2012, delaying the execution of the 
     associated funds into fiscal year 2013. As a result, 
     $60,000,000 is withheld for obligation from this 
     appropriation until a detailed expenditure plan is provided 
     to the Committees, no later than 90 days after the date of 
     enactment of this Act. The expenditure plan shall clearly 
     specify how DHS proposes to allocate funds among the BSFIT 
     PPAs.

               Multi-Year Investment and Management Plan

       A new multi-year investment and management plan for BSFIT 
     funds is required to be submitted by the Commissioner with 
     the fiscal year 2013 budget request. To the extent possible, 
     CBP is encouraged to incorporate requirements from the multi-
     year investment and management plan into the fiscal year 2012 
     expenditure plan.

                            Invasive Species

       CBP is directed to fund activities associated with control 
     of invasive species, such as Carrizo cane from within the 
     BSFIT appropriation.

                  Review of Contracts and Task Orders

       The Inspector General is no longer required to review 
     contracts and task orders on SBInet pursuant to conference 
     report 109-699 accompanying P.L. 109-295.

                    Communications Along the Border

       DHS is encouraged to explore the establishment of public-
     private partnerships with cellular carriers, residents, and 
     State and local governments to extend mobile communications 
     capabilities in isolated border areas with limited cellular 
     coverage for the purposes of public safety.


 AIR AND MARINE INTERDICTION, OPERATIONS, MAINTENANCE, AND PROCUREMENT

       A total of $503,966,000 is provided for ``Air and Marine 
     Interdiction, Operations, Maintenance, and Procurement.'' The 
     funding includes $365,087,000 for operations and maintenance 
     and $138,879,000 for procurement. The procurement funds 
     include an additional $6,900,000 for UH-60 Black Hawk 
     conversions (to ensure completion of two conversions) and 
     $22,500,000 for purchase of an additional multi-enforcement 
     aircraft (a high priority for CBP, particularly important 
     given the increasing aircraft retirements CBP expects). Given 
     the increasing reliance by CBP on unmanned aircraft systems 
     (UAS) for patrolling our borders, $4,000,000 is provided 
     above the request for UAS operations and maintenance. It is 
     imperative that sufficient funds be included in the fiscal 
     year 2013 budget to operate and sustain these systems over 
     multiple shifts.

                            Civil Air Patrol

       As directed in the House report, the Comptroller General 
     shall provide a report regarding the functions and 
     capabilities of the civil air patrol in homeland security. 
     The report shall be submitted no later than November 1, 2012.

                           Aircraft Upgrades

       CBP is required to update its 5-year strategic 
     recapitalization plan, which should also include direction 
     outlined in the Senate report. Strong support for CBP's 
     service life extension program (SLEP) for the P-3 fleet is 
     reiterated. Further, CBP is directed to brief the Committees 
     on its decision regarding the inclusion of the last two P-3's 
     in the SLEP no later than the submission of the President's 
     fiscal year 2013 budget request.

                      Unmanned Aircraft Operations

       CBP is directed to brief the Committees on its efforts with 
     the Department of Defense and the Federal Aviation 
     Administration on ways to increase effective use of CBP air 
     assets, including UAS. Further, the briefing shall include 
     information regarding any restrictions on UAS operations 
     related to availability of air traffic control.


                 CONSTRUCTION AND FACILITIES MANAGEMENT

       A total of $236,596,000 is provided for ``Construction and 
     Facilities Management.'' The funding includes $182,500,000 
     for Facilities Construction and Sustainment and $54,096,000 
     for Program Oversight and Management. Statutory language is 
     included directing the Commissioner to submit annually a real 
     property inventory and requiring submission with the budget 
     request of an annually-updated 5-year plan for all port of 
     entry projects.

             Future Land Border Port of Entry Requirements

       As detailed in the Senate report, the Department shall work 
     with the General Services Administration and the Office of 
     Management and Budget on a multi-year strategy to address 
     land border port of entry construction requirements and 
     financing options, including the use of public-private 
     partnerships.

                U.S. Immigration and Customs Enforcement


                         SALARIES AND EXPENSES

       A total of $5,528,874,000 is provided for ``Salaries and 
     Expenses'' to ensure robust enforcement of our Nation's 
     immigration laws. Within this amount, no less than 
     $1,600,000,000 is allocated to finance ICE's various efforts 
     to identify aliens with criminal records who are incarcerated 
     or at-large, and to remove those who are deportable. Of this 
     amount, $189,064,000 is provided for continued expansion of 
     the Secure Communities program, $5,000,000 above the 
     President's budget request, to digitize paper fingerprint 
     cards and enroll them into DHS's Automated Biometric 
     Identification System (IDENT). An additional $4,400,000 is 
     provided for the Visa Security Program above the request to 
     support expansion. The request for Headquarters, Management, 
     and Administration was reduced by $3,591,000 for the 
     Acquisition Workforce Initiative, the data center migration 
     funds, and $1,000,000 in additional administrative savings. 
     Data center migration is funded through a general provision.
       In addition, ICE is directed to comply with the direction 
     included under the heading ``Office of Chief Financial 
     Officer'' with respect to improved budget justifications.
       The amount provided for this appropriation by PPA is as 
     follows:
Headquarters Management and Administration:
  Personnel, Compensation and Benefits, Services and Other $233,251,000
  Headquarters-Managed IT Investments.......................184,227,000
                                                       ________________
                                                       
  Subtotal, Headquarters Management and Administration......417,478,000
Legal Proceedings...........................................215,935,000
Investigations:
Domestic Investigations...................................1,725,234,000
International Investigations:
  International Operations..................................114,928,000
  Visa Security Program......................................33,889,000
                                                       ________________
                                                       
  Subtotal, International Investigations....................148,817,000
                                                       ________________
                                                       
    Subtotal, Investigations..............................1,874,051,000
                                                       ================

Intelligence.................................................81,503,000
Detention and Removal Operations:
  Custody Operations......................................2,050,545,000
  Fugitive Operations.......................................154,597,000
  Criminal Alien Program....................................196,696,000
  Alternatives to Detention..................................72,373,000
  Transportation and Removal Program........................276,632,000
                                                       ________________
                                                       
    Subtotal, Detention and Removal Operations............2,750,843,000
                                                       ================

  Secure Communities........................................189,064,000
                                                       ________________
                                                       
    Total, ICE Salaries and Expenses......................5,528,874,000

                      ICE Domestic Investigations

       For ICE Domestic Investigations, $1,725,234,000 is 
     provided. ICE is directed to continue to provide quarterly 
     data on investigative activities and expenditures on a timely 
     basis. Of the funds above the request, $4,000,000 is for 
     enhancing investigations of antidumping/countervailing duty 
     (AD/CVD) violations, intellectual property rights (IPR) 
     investigations, and severe forms of human trafficking and 
     smuggling activities. ICE is directed to submit to the 
     Committees a plan for expenditure of these additional, 
     targeted resources within 90 days after the date of enactment 
     of this Act. The conferees also direct ICE to submit by 
     February 13, 2012, a 3-year strategy to improve AD/CVD 
     enforcement, per the Senate report, and the information 
     required on the National IPR Coordination Center in the House 
     report.

              Improving Immigration Enforcement Activities

       A total of $12,000,000 above the request is provided to 
     improve immigration enforcement activities, of which 
     $5,000,000 is included in Secure Communities for digitization 
     of paper fingerprint cards from legacy immigration files. 
     Both the House and Senate reports outlined areas for focus, 
     such as: Developing a comprehensive strategy to address the 
     visa overstay problem, modernizing the Alien Criminal 
     Response Information Management System (ACRIMe) to support 
     the identification of criminal aliens and individuals 
     attempting to overstay a visa, enhancing ICE capabilities for 
     law enforcement support for immigration-related inquiries 
     from State and local law enforcement, and digitizing old 
     fingerprint records. ICE is directed to brief the Committees, 
     with US-VISIT and other DHS components as appropriate, on its 
     plan for utilization of these funds, no later than 60 days 
     after the date of

[[Page H9540]]

     enactment of this Act. ICE is also directed, in conjunction 
     with US-VISIT and United States Citizenship and Immigration 
     Services (USCIS), to report to the Committees no later than 
     120 days after the date of enactment of this Act on the 
     methodology of prioritizing files for the digitization effort 
     as well as the overall projected cost of the project to 
     ensure electronic availability of appropriate biometrics in 
     IDENT.

                     Law Enforcement Support Center

       The Law Enforcement Support Center (LESC) is the national 
     entity which provides, among other things, immigration status 
     information about individuals encountered by State and local 
     law enforcement agencies. The significant expansion of Secure 
     Communities has increased the status inquiries submitted by 
     law enforcement. Recently, the LESC has been reorganized and 
     the functions split between the Office of Investigations and 
     Detention and Removal Operations. Prior to the 
     reorganization, the LESC had the flexibility to move 
     personnel between the functions depending on workload, but it 
     now appears that flexibility has been lost. Additionally, as 
     Secure Communities has matured, some of the early resource 
     allocation decisions would benefit from further review, 
     specifically regarding the creation of the Interoperability 
     Response Centers. ICE is directed to review the separation of 
     LESC functions and the requirements of the Interoperability 
     Response Centers and brief the Committees 90 days after the 
     date of enactment of this Act. In addition, concerns have 
     been raised about the progress of modernization of the 
     information technology systems that sustain the Law 
     Enforcement Support Center, such as ACRIMe. ICE is directed 
     to brief the Committees no later than 30 days after the date 
     of enactment of this Act on the current status of ACRIMe 
     modernization and any revised development timelines.

                         Visa Security Program

       A total of $33,889,000 is provided for the ICE Visa 
     Security Program, an increase of $4,400,000 above the amount 
     requested for expansion of the program to two additional 
     overseas consular posts. ICE is directed to brief the 
     Committees in a classified format no later than 60 days after 
     the date of enactment of this Act on its plan for utilizing 
     these additional funds.

                        Investigative Resources

       ICE is directed to brief the Committees no later than 
     February 15, 2012, on its efforts throughout the Caribbean 
     basin, as outlined in the House report.

                              Intelligence

       ICE is encouraged to ensure the Office of Intelligence 
     supports investigations into AD/CVD violations, IPR 
     violations, and human trafficking and smuggling 
     organizations.

                    Detention and Removal Operations

       A total of $2,750,843,000 is provided for ICE Detention and 
     Removal Operations, $26,718,000 more than the request to 
     raise the minimum number of detention bed spaces that ICE 
     must maintain on a daily basis to 34,000. ICE is directed to 
     intensify its enforcement efforts, fully use these resources, 
     and manage detention and removal costs as efficiently as 
     possible. As outlined in the House report, ICE is directed to 
     provide comprehensive, regular briefings to the Committees on 
     all steps being taken to reduce the costs of detention and 
     removal, including: strategies to minimize transportation 
     costs and house detainees at the lowest cost facilities; 
     working with the Executive Office of Immigration Review 
     (EOIR) to speed processing consistent with due process; 
     continuing to review contracts to ensure maximum flexibility 
     and lowest cost to ICE; and considering the cost-benefits of 
     public and private providers for all services, including food 
     and medical services. As required in the House and Senate 
     reports, ICE is directed to brief the Committees on its 
     detention bed space funding model, providing details on its 
     bed space costs across the country and on the components of 
     those costs, including food, medical, mental health, dental, 
     pharmacy, and electronic health record services by location, 
     and whether these components are provided by public agencies 
     or private contract services. Such services must be aligned 
     to humanitarian needs and should be provided in a cost-
     effective manner. The first comprehensive briefing shall take 
     place no later than 30 days after the date of enactment of 
     this Act.
       Additionally, ICE is encouraged to look at ways to increase 
     the short-term detention capacity in certain regions of the 
     United States while minimizing the loss of existing detention 
     capacity, personnel, and contracts at other facilities. ICE 
     shall brief the Committees semi-annually on its efforts 
     regarding detention space alternatives, as discussed in the 
     Senate report.

                           Secure Communities

       A total of $189,064,000 is provided to continue 
     implementation of the Secure Communities program. ICE is 
     directed to continue quarterly reports on the Secure 
     Communities program, submit those reports within 45 days of 
     the close of the quarter, and provide briefings within 45 
     days of the close of the quarter. Further, ICE is directed to 
     develop analyses, for inclusion in these reports, to track 
     the effect Secure Communities is having on ICE detention 
     facilities, the EOIR docket, and the speed with which ICE is 
     able to remove criminal aliens and high-risk detainees from 
     the country once they are judged deportable. The reports 
     shall also provide statistics on results of the program, 
     including the number of individuals administratively arrested 
     by ICE in each jurisdiction by the crime for which they are 
     charged and the crime for which they have been convicted (if 
     applicable); the number of individuals whom ICE identifies 
     each quarter and intends to administratively arrest but must 
     await the adjudication of the individual's criminal charges 
     and/or the completion of a sentence as well as identify the 
     crimes for which they are charged and crimes for which they 
     have been convicted (if applicable); and the number of 
     removals achieved as a result of the program, as outlined in 
     the Senate report. Additionally, the briefings shall include 
     quarterly data on the number of instances in which Secure 
     Communities identifies when someone who is arrested is in 
     this country illegally, the number of times ICE issues a 
     detainer on such individuals (delineated by categories 
     stipulating the reasons why a decision is made to issue or 
     not issue a detainer), and the number actually deported.
       Secure Communities is an effective and significant law 
     enforcement tool; its deployment and use should not be 
     hampered by any jurisdiction or official. It is important to 
     remember that Secure Communities is applied to everyone 
     booked into a jail. All individuals are treated the same, and 
     no profiling occurs. Through the use of biometrics, ICE is 
     able to determine not only an individual's immigration 
     status, but also if the individual has committed more serious 
     crimes in the past.
       ICE is directed to brief the Committees no later than 
     February 15, 2012, on any considerations associated with 
     realigning the Secure Communities program under the Criminal 
     Alien Program after interoperability has been accomplished.

             ICE Support to State and Local Law Enforcement

       ICE is directed to update the Committees on its progress 
     toward closing all OIG recommendations on the 287(g) program 
     no later than January 13, 2012. The Department is directed to 
     immediately provide the status of all pending memoranda of 
     agreement for 287(g) participation.

                      Hiring and Staffing Reports

       ICE shall submit quarterly staffing and hiring reports. 
     Further, as directed in the House report, ICE shall brief the 
     Committees on appropriate staffing levels.

                          Worksite Enforcement

       Of the funds provided for Domestic Investigations, 
     $134,626,000 is for worksite enforcement activities, as 
     requested. ICE is directed to brief the Committees quarterly 
     on how it is meeting this level of effort no later than 30 
     days after the end of each quarter. Further, ICE shall 
     provide an annual report on worksite enforcement activities 
     as directed in the Senate report.

                    Detention and Removal Reporting

       Statutory language is included, as requested, ensuring that 
     all illegally present or otherwise removable aliens 
     encountered when enforcing our immigration laws are 
     apprehended. However, the Department does not collect or 
     report comprehensive statistics on all of its encounters with 
     inadmissible and deportable aliens by source as well as the 
     disposition of all such encounters. For that reason, ICE, in 
     conjunction with CBP and USCIS, is directed to develop a 
     methodology and a means of collecting and reporting such 
     information on a quarterly basis for fiscal year 2013. In the 
     most transparent, concise manner possible, the reporting 
     should cover all actions in the reporting period for all 
     stages of the immigration enforcement process: encounters by 
     identification source (i.e., Fugitive Operations, Criminal 
     Alien Program, Border Patrol Southwest border between ports); 
     subsequent enforcement action by agency (i.e., expedited 
     removal, arrest, detention, release); detention/non-detention 
     by program (i.e., ICE detention, bond, alternatives to 
     detention); and processing/removal outcome (i.e., deferred 
     action, relief, removal, administrative closing). The 
     reporting shall clearly provide the number of aliens who 
     received deferred action, including a renewal or extension of 
     previously-granted deferred action. ICE, CBP, and USCIS shall 
     brief the Committees no later than 120 days after the date of 
     enactment of this Act on the developed methodology and means 
     of collecting and reporting, including any information 
     technology issues. Additionally, the agencies shall note 
     where this comprehensive reporting could supersede other 
     reports currently provided.
       For fiscal year 2012, ICE is directed to continue reporting 
     quarterly on detention and removal, including the number of 
     deportation, exclusion, and removal orders sought and 
     obtained by ICE. The first fiscal year 2012 quarterly report 
     is to be submitted no later than February 15, 2012. ICE shall 
     include ``policy closure'' reporting subdivided to clearly 
     report where deferred action has been granted.

                        Personnel Recovery Units

       ICE is directed to brief the Committees no later than 
     February 15, 2012, on its interest in establishing a trained 
     unit to handle abduction or evacuation of ICE personnel.

               Multi-Year Investment and Management Plan

       As provided in Section 568, ICE is required to submit a 
     multi-year investment and management plan with the 
     congressional budget justification materials for all funds 
     executed

[[Page H9541]]

     by the Office of Information Technology (OIT) to provide a 
     full picture of ICE's information technology activities. It 
     is expected that the acquisition program baselines for Level 
     I and II programs under OIT will be provided as part of the 
     comprehensive acquisition status reports provided by the 
     under Secretary for Management.

                        Transportation of Aliens

       In response to OIG inquiries and OIG Report 11-27, CBP has 
     taken great strides to streamline its costs associated with 
     transportation and removal of aliens between Field Operations 
     and Border Patrol. ICE has also made progress in analyzing 
     and more efficiently managing its transportation costs. The 
     next step, however, has not been taken in a comprehensive 
     manner--exploring options for coordination of transportation 
     locally, regionally, and nationally, or sharing of 
     transportation resources between CBP and ICE given 
     constrained resources across DHS. CBP and ICE are directed to 
     brief the Committees no later than 180 days after the date of 
     enactment of this Act on the results of their joint efforts 
     to take advantage of such efficiencies.

                    Unexpended Construction Balances

       ICE is directed to brief the Committees no later than 
     February 15, 2012, on the unexpended balances in the ICE 
     Construction appropriation.


                        AUTOMATION MODERNIZATION

       A total of $21,710,000 is provided for ``Automation 
     Modernization.'' CBP and ICE are directed to jointly brief 
     the Committees on the status of TECS modernization efforts, 
     including their progress and plans forward, on a semi-annual 
     basis.

                 TRANSPORTATION SECURITY ADMINISTRATION


                           AVIATION SECURITY

       A total of $5,253,956,000 is provided for ``Aviation 
     Security.'' In addition to the amounts appropriated, a 
     mandatory appropriation totaling $250,000,000 is available 
     through the Aviation Security Capital Fund. Statutory 
     language reflects the collection of $2,030,000,000 from 
     aviation security fees, as authorized.
       The amount provided for this appropriation by PPA is as 
     follows:
Screening Operations:
                                                    Screener Workforce:
    Privatized Screening...................................$144,193,000
    Screener Personnel, Compensation, and Benefits........3,025,771,000
                                                       ________________
                                                       
  Subtotal, Screener Workforce............................3,169,964,000
  Screener Training and Other...............................249,796,000
  Checkpoint Support........................................204,768,000
                                                       EDS/ETD Systems:
    EDS Procurement and Installation........................222,738,000
    Screening Technology Maintenance and Utilities.....................

320,365,000

                                                       ________________
                                                       
  Subtotal, EDS/ETD Systems.................................543,103,000
  Subtotal, Screening Operations..........................4,167,631,000
Aviation Security Direction and Enforcement:
    Aviation Regulation and Other Enforcement...............369,984,000
    Airport Management and Support..........................570,226,000
    Federal Flight Deck Officer and Flight Crew Training.....25,461,000
    Air Cargo...............................................120,654,000
                                                       ________________
                                                       
Subtotal, Aviation Security Direction and Enforcement.....1,086,325,000
Total, Aviation Security.................................$5,253,956,000

                     Impact of Checked Baggage Fees

       As noted in the Senate report, TSA checkpoint screening 
     costs have risen significantly as a result of the growth in 
     the volume of carry-on baggage transported by passengers in 
     response to the imposition of checked baggage fees by most 
     airlines. This increase in checkpoint screening costs, 
     however, comes at the expense of other TSA security programs, 
     and none of the air carrier revenue collected from the 
     checked baggage fees has been used to offset the additional 
     TSA workload. The Department is encouraged to work with the 
     relevant authorizing Committees to find ways to recoup these 
     costs, and ensure the best alignment between resources needed 
     to achieve and sustain
both security and efficient 
     checkpoint operations.

                          Privatized Screening

       A total of $144,193,000 is provided for ``Privatized 
     Screening.'' TSA is to give full and fair consideration to 
     applicants for participation in the Screening Partnership 
     Program that can demonstrate their capacity to undertake 
     passenger and baggage screening in a manner more cost 
     effective than TSA and to provide a level of security 
     comparable to that of Federal screening. If TSA approves the 
     applications, it is authorized, and expected, to finance the 
     transition to privatized operations using funding within 
     ``Screening Operations''.

                    Screener Personnel and Training

       A total of $3,025,771,000 is provided for the ``Screener 
     Personnel, Compensation, and Benefits'' PPA, and a total of 
     $249,796,000 is included for the ``Screener Training and 
     Other'' PPA. Language is included that limits TSA's use of 
     funds to recruit or hire more than 46,000 full-time 
     equivalent screeners. The limitation does not apply to 
     screeners hired as part-time employees. Statutory language is 
     included that requires the Secretary to submit to the 
     Committees no later than 90 days after the date of enactment 
     of this Act a detailed report on how DHS is using its 
     resources to develop more capable and cost-effective 
     screening technology. The report shall also detail how it is 
     deploying its existing workforce to optimize screening 
     operations, their effectiveness, and labor savings from 
     improved technology deployment, including how such savings 
     are employed or reinvested. Funding is included to staff 250 
     new advanced imaging technology (AIT) systems, with the 
     expectation that hiring for those positions will occur later 
     than assumed in the request due to procurement delays. As 
     directed in the Senate report, TSA is to work in coordination 
     with airlines, airports, and cross-disability/medical 
     organizations to design education and outreach programs that 
     ensure access to the Nation's aviation system is available to 
     everyone. TSA shall also work with airports to expand mock

[[Page H9542]]

     boarding events, such as those held for families with 
     autistic children, and shall continue to improve the 
     screening process for young passengers, as directed in the 
     Senate report. TSA is to brief the Committees no later than 
     90 days after the date of enactment of this Act on its 
     efforts in these areas.

                     Behavioral Detection Officers

       Funding is included for 145 new behavioral detection 
     officers (BDO). TSA is directed to brief the Committees no 
     later than 90 days after the date of enactment of this Act on 
     its plans and actions to implement recommendations rising 
     from the study of Screening of Passengers by Observation 
     Techniques (SPOT) that was sponsored by the Science and 
     Technology Directorate. In addition, the briefing should 
     cover how TSA is addressing issues raised in recent 
     Government Accountability Office reviews of the program. 
     These include validation, management, and communications 
     issues identified in GAO-10-763 and recommendations for 
     approaches to BDO assignment and cost-benefit analysis 
     included in GAO-11-461T and GAO-10-157. Finally, the briefing 
     should describe what TSA is doing to ensure its 
     standardization testing of the SPOT program is carried out at 
     airports with a frequency that will support consistent 
     program execution and optimal BDO training.

                           Checkpoint Support

       A total of $204,768,000 is provided for ``Checkpoint 
     Support,'' including funding for 250 new AIT systems and 
     other security technology requested and listed in the Senate 
     report. This excludes $39,200,000 requested for explosives 
     trace detection systems funded in fiscal year 2011, and an 
     additional $4,000,000 due to other acquisition delays. TSA is 
     directed, as detailed in the Senate report, to brief the 
     Committees no later than 30 days after the date of enactment 
     of this Act on AIT procurement and deployment details and on 
     progress in developing and deploying additional automated 
     target recognition capability. In addition, TSA is directed 
     to include a five-year budget estimate with each annual 
     Congressional budget justification, beginning with its fiscal 
     year 2013 submission, that projects funding for each 
     passenger screening technology acquisition as specified in 
     the Senate report.

        Facilitating Passenger Screening and Reducing Wait Times

       TSA is directed to brief the Committees no later than 90 
     days after the date of enactment of this Act on its efforts 
     to meet a goal of keeping average passenger wait times below 
     10 minutes at screening checkpoints. Once TSA has begun 
     deploying new automated wait time technology funded by this 
     Act, TSA is directed to provide quarterly briefings to the 
     Committees on wait times at screening checkpoints where such 
     technology is in place.

                           Exit Lane Security

       The TSA Administrator shall submit a report to the 
     Committees no later than 180 days after the date of enactment 
     of this Act making recommendations for improving security at 
     each airport location where passengers exit the sterile area, 
     as specified in the Senate report.

                      Explosives Detection Systems

       A total of $472,738,000 is provided for ``Explosives 
     Detection Systems (EDS) Procurement and Installation,'' 
     including $250,000,000 in mandatory funding from the Aviation 
     Security Capital Fund and $222,738,000 in discretionary 
     funding. Not less than 10 percent of the funds provided shall 
     be available for the purchase and installation of certified 
     EDS at medium- and small-sized airports. Allocation of this 
     funding between new projects, recapitalization, advanced 
     surveillance systems, and payroll shall be detailed in the 
     fiscal year 2012 EDS expenditure plan. In addition, the 
     expenditure plan is to address the issue of eligible EDS 
     costs incurred by airports that were not recipients of 
     funding agreements, as specified in the Senate report.

             Screening Technology Maintenance and Utilities

       A total of $320,365,000 is provided for the ``Screening 
     Technology Maintenance and Utilities'' PPA, which reflects 
     downward adjustments in estimates for the cost of maintenance 
     warranties.

               Aviation Regulation and Other Enforcement

       A total of $369,984,000 is provided for the ``Aviation 
     Regulation and Other Enforcement'' PPA, including an increase 
     of $3,500,000 above the request for international security 
     enhancements related to air cargo security; $5,000,000 above 
     the request for 20 new canine teams; and $11,755,000 for 12 
     new Visible Intermodal Prevention and Response (VIPR) teams, 
     with the assumption that personnel for the teams will not be 
     hired until late in fiscal year 2012. TSA shall provide an 
     expenditure plan to the Committees no later than 60 days 
     after the date of enactment of this Act detailing where and 
     how new VIPR teams will be deployed.

                               Air Cargo

       A total of $120,654,000 is provided for the ``Air Cargo'' 
     PPA, $6,000,000 above the request for international security 
     enhancements to air cargo security. In combination with an 
     additional $3,500,000 provided under Aviation Regulation and 
     Other Enforcement, this funding will support enhanced air 
     cargo inspection and other security oversight and 
     improvements, with the expectation that this will help TSA 
     meet its statutory requirement of 100 percent system-wide 
     screening of air cargo on passenger aircraft, including those 
     originating overseas, and to enhance inspection, 
     investigation, and monitoring efforts on all-cargo flights, 
     including through additional international air cargo 
     inspectors and transportation security specialists to assess 
     all-cargo airports and increase inspection visits at high-
     risk airports. TSA is to continue working with U.S. Customs 
     and Border Protection, in furtherance of TSA's mission, on 
     the application of the Automated Targeting System to screen 
     air cargo bound for the United States on all-cargo and 
     passenger flights. The air cargo expenditure plan shall 
     include progress on these ongoing efforts.


                    SURFACE TRANSPORTATION SECURITY

       A total of $134,748,000 is provided for ``Surface 
     Transportation Security.'' TSA is directed to submit a report 
     no later than six months after the date of enactment of this 
     Act on passenger and mass transit rail tunnel security, as 
     specified in the Senate report.


           TRANSPORTATION THREAT ASSESSMENT AND CREDENTIALING

       A total of $204,274,000 is provided for ``Transportation 
     Threat Assessment and Credentialing.'' This includes 
     $27,800,000 for TTAC Infrastructure Modernization (TIM) in 
     recognition of scheduling delays in the modernization 
     contract and an increase of $10,000,000 to support risk-based 
     screening.
       TSA is directed to brief the Committees no later than 30 
     days after the date of enactment of this Act on developments 
     in the TIM program, as specified in the House report.

       The amount provided for this appropriation by PPA is as 
     follows:
Secure Flight...............................................$92,414,000
Crew and Other Vetting Programs..............................71,540,000
                                                       ________________
                                                       
  Subtotal, Direct Appropriations...........................163,954,000
TWIC Fees.....................................................8,300,000
Hazardous Materials Fees.....................................12,000,000
Alien Flight School Fees......................................4,000,000
Certified Cargo Screening Program.............................5,200,000
Large Aircraft Security Program...............................1,200,000
Secure Identification Display Area Checks.....................8,000,000
Other Security Threat Assessments...............................100,000
General Aviation at DCA.........................................100,000
Indirect Air Cargo............................................1,400,000
Sensitive Security Information (SSI) fees........................20,000
                                                       ________________
                                                       
  Subtotal, Fee Collections.................................$40,320,000

                          Risk-Based Screening

       A total of $10,000,000 is provided to support risk-based 
     screening efforts, including: the development of systems 
     architecture; the procurement of hardware and software; 
     testing and implementation of new capabilities to expand 
     known-traveler populations; and increases in the 
     effectiveness, security, and efficiency of passenger 
     screening. TSA is directed to report to the Committees no 
     later than 90 days after the date of enactment of this Act on 
     the status of its efforts, including current and planned 
     pilots to develop such a known traveler program, funding 
     requirements, and any legal or resource obstacles to 
     implementation.

                      Universal Enrollment Centers

       TSA is directed to expand the number of Universal 
     Enrollment Centers to achieve at least a 50 percent increase 
     in the number of TWIC enrollment sites and to brief the 
     Committees no later than 180 days after the date of enactment 
     of this Act as specified in the Senate report, on resource 
     needs, security impacts, and prospects for direct shipment of 
     TWIC cards to participants.


                    TRANSPORTATION SECURITY SUPPORT

       A total of $1,031,926,000 is provided for ``Transportation 
     Security Support.''
       The amount provided for this appropriation by PPA is as 
     follows:
Headquarters Administration................................$292,334,000
Information Technology......................................447,200,000
Human Capital Services......................................249,400,000
Intelligence.................................................42,992,000
                                                       ________________
                                                       
  Total, Transportation Security Support.................$1,031,926,000

                           Expenditure Plans

       Statutory language is included withholding $20,000,000 from 
     obligation for ``Headquarters Administration'' until the 
     Administrator submits detailed expenditure plans to the 
     Committees on air cargo security; checkpoint support; and EDS 
     procurement, refurbishment, and installation on an airport-
     by-airport basis for fiscal year 2012. These plans should 
     include details on technologies purchased, timelines for 
     deployment, obligation schedules, and actual and anticipated 
     unobligated balances at the close of the fiscal year. TSA 
     shall brief the Committees on a quarterly basis with updates 
     on performance against the expenditure plan.
       In fiscal years 2010 and 2011, the Department and TSA 
     failed to comply with statutory direction to provide 
     expenditure plans for checkpoint and EDS activity. For fiscal 
     year 2010, the required plan was submitted April 20, 2011--
     almost seven months into the next fiscal year. Similarly, TSA 
     has not submitted its plan for fiscal year 2011. Such delays 
     reflect either an inability to compile

[[Page H9543]]

     and transmit information about ongoing and planned 
     activities, or disregard for Congress' oversight role. For 
     fiscal year 2012, TSA is expected to act expeditiously to 
     deliver the required expenditure plans.

                      Headquarters Administration

       A total of $292,334,000 is provided for the ``Headquarters 
     Administration'' PPA, including $1,998,000 for enhanced 
     acquisition management, as requested, and $2,000,000 above 
     the request for the TSA Office of Professional 
     Responsibility. In lieu of the Senate briefing requirement 
     related to administrative savings, TSA is directed to clearly 
     delineate assumed savings from reductions to administrative 
     and support functions and assumed efficiencies in its budget 
     justification, as directed in this statement under 
     Departmental Management and Operations ``Office of the Chief 
     Financial Officer'' heading.

                     Availability of Appropriations

       TSA is directed to brief the Committees no later than 
     February 15, 2012, on a proposed PPA structure that reflects 
     one-year availability of appropriations for salaries and 
     expenses.

                          Passenger Complaints

       TSA is directed to make every effort to ensure members of 
     the traveling public are aware of the procedures and process 
     for making complaints about passenger screening. GAO is 
     directed to complete a review no later than nine months after 
     the date of enactment of this Act on TSA policies and 
     procedures for resolving passenger complaints, including an 
     assessment of the organizational independence of the office.


                          FEDERAL AIR MARSHALS

       A total of $966,115,000 is provided for ``Federal Air 
     Marshals'' (FAMS), including $842,500,000 for Management and 
     Administration and $123,615,000 for Travel and Training. TSA 
     shall continue to provide quarterly reports on the FAMS 
     mission coverage, staffing levels, and hiring rates as 
     directed in previous appropriations Acts and in the 
     classified annex to this statement.
       In light of the significant increase in sustained, enhanced 
     flight coverage since the Christmas Day bombing attempt, TSA 
     is directed to brief the Committees no later than 120 days 
     after the date of enactment of this Act on its analysis of 
     the optimal staffing, scheduling, and resource requirements 
     for FAMS in light of the full range of security capabilities 
     that TSA and the Department can use to complement FAMS 
     operations. This analysis should include an independent 
     assessment of the definitions of flights that present ``high-
     security risks'' and whether that review validates the 
     current risk assessment model being used by the FAMS, or 
     whether changes may be required that could warrant 
     adjustments in current staffing levels.

                              Coast Guard


                           OPERATING EXPENSES

       A total of $7,051,054,000 is provided for ``Operating 
     Expenses,'' including $24,500,000 from the Oil Spill 
     Liability Trust Fund, and including $598,000,000 for defense 
     activities, of which $258,000,000 is designated as being for 
     the global war on terrorism and overseas contingency 
     operations. Funds provided in support of the global war on 
     terrorism and overseas contingency operations under this 
     heading may be allocated notwithstanding section 503 of this 
     Act. The Coast Guard is directed to brief the Committees no 
     later than 30 days after the date of enactment of this Act on 
     any changes expected to funding for the global war on 
     terrorism and overseas contingency operations during fiscal 
     year 2012 or projected transition costs expected in fiscal 
     year 2013.
       Within the funding provided for this appropriation, the 
     following amounts are provided for requested initiatives: 
     $10,666,000 for enhancements to marine safety; $11,485,000 
     for enhancements to marine environmental response; $9,300,000 
     for enhancements to military family childcare; $39,000,000 
     for restoration of polar operations funding; $8,600,000 for 
     network security upgrades; and $6,300,000 for the Distress 
     Alerting Satellite System.
       The amount provided for this appropriation includes the 
     following reductions from the budget request: a decrease of 
     $8,000,000 in the costs of data center migration; a decrease 
     of $18,000,000 in technical adjustments; a decrease of 
     $12,000,000 in unneeded health care costs; a decrease of 
     $9,000,000 in unneeded permanent change of station costs; and 
     a decrease in unneeded surface and air asset follow-on 
     operational costs resulting from procurement delays 
     totaling $7,451,000.
       The amount provided for this appropriation includes the 
     following increases above the budget request: an additional 
     $3,700,000 to annualize fiscal year 2011 funding for marine 
     environmental response capabilities; an additional 
     $20,300,000 to address unfunded depot level maintenance 
     priorities; and an additional $4,000,000 for small boat 
     tactical training.
       A total of $75,000,000 is withheld from obligation for 
     Headquarters Directorates until a future-years capital 
     investment plan for fiscal years 2013-2017, as specified in 
     statutory language under the Coast Guard ``Acquisition, 
     Construction, and Improvements'' heading is submitted to the 
     Committees.
       Issues pertaining to the Coast Guard's classified and 
     sensitive programs are addressed in the classified annex 
     accompanying this statement.
       The amount provided for this appropriation by PPA is as 
     follows:
Military Pay and Allowances..............................$3,413,061,000
Civilian Pay and Benefits...................................784,256,000
Training and Recruiting.....................................213,321,000
Operating Funds and Unit Level Maintenance................1,109,623,000
Centrally Managed Accounts..................................336,653,000
Intermediate and Depot Level Maintenance....................936,140,000
Global War on Terrorism Overseas Contingency Operations.....258,000,000
                                                       ________________
                                                       
  Total, Operating Expenses..............................$7,051,054,000

                        Depot Level Maintenance

       An additional $20,300,000 above the amount requested is 
     provided to partially address the backlog of critical, but 
     unfunded depot maintenance activities, as proposed by both 
     the House and the Senate. In lieu of the specified 
     subdivision of this funding enhancement contained in the 
     House report, the Coast Guard is directed to provide the 
     Committees within 30 days after the date of enactment of this 
     Act a plan for expenditure of these additional funds. 
     Furthermore, the Coast Guard is directed to apply a portion 
     of these funds to the most urgent, but unfunded maintenance 
     projects pertaining to the improvement of crew habitability 
     aboard legacy cutters. Funds allocated toward crew 
     habitability improvements shall be clearly delineated in the 
     required expenditure plan.

    Administrative Savings, Efficiencies, and Reductions to Support 
                               Functions

       The Coast Guard is directed to clearly delineate assumed 
     savings from reductions to administrative and support 
     functions and assumed efficiencies in its annual budget 
     justification, as directed by both the House and Senate, and 
     as directed in this statement under the Departmental 
     Management and Operations ``Office of the Chief Financial 
     Officer'' heading.

                          Performance Metrics

       The Coast Guard shall continue to include performance 
     metrics, with particular emphasis on measures of operational 
     proficiency, as well as all Government Performance and 
     Results Act reporting requirements within its annual budget 
     justification in lieu of the direction regarding a distinct 
     submittal contained in the House report.

                          Financial Management

       In lieu of the direction contained in the House and Senate 
     reports, the Coast Guard is directed to semi-annually brief 
     the Committees on its efforts to address material weaknesses 
     in financial management. These briefings shall include, but 
     not be limited to: the progress towards achievement of 
     obtaining an unqualified opinion with respect to unauditable 
     balances; progress towards implementation of the Financial 
     Strategy for Transformation and Audit Readiness plan; and 
     detailed explanations of how the Coast Guard is working with 
     the DHS Office of the Chief Financial Officer on such 
     efforts. The first of these semi-annual briefings shall occur 
     no later than March 15, 2012.

                         Maritime Surveillance

       The Coast Guard is directed to submit the two reports 
     regarding maritime surveillance hours no later than February 
     15, 2012, as required in the House report.

           Marine Safety and Marine Environmental Protection

       A total of $15,185,000 is provided for marine environmental 
     response enhancements, including an additional $3,700,000 to 
     annualize fiscal year 2011 costs. In addition, $10,666,000 is 
     provided for marine safety enhancements, as requested. Within 
     45 days after the date of enactment of this Act, the Coast 
     Guard is directed to submit to the Committees the following: 
     the updated Marine Safety Performance Plan, as directed in 
     the Senate report; the Marine Environmental Response Mission 
     Performance Plan, as directed in the House report, to include 
     the specified reporting requirements delineated in the Senate 
     report; and a 5-year strategic plan, including comprehensive 
     funding estimates, to implement marine environmental 
     protection mission requirements, as specified in the Senate 
     report.

                   Gulf of Mexico Oil Spill Response

       The Coast Guard is directed to submit a plan no later than 
     90 days after the date of enactment of this Act for 
     addressing the recommendations contained in the Incident 
     Specific Preparedness Review that was issued following the 
     sinking and subsequent oil outflow from the Mobile Offshore 
     Drilling Unit Deepwater Horizon, as required in the Senate 
     report.

                 Military Family Childcare and Housing

       As requested, $9,300,000 is provided for enhancements to 
     military family childcare activities. Funding and oversight 
     regarding military housing is addressed under the, Coast 
     Guard ``Acquisition, Construction, and Improvements'' 
     heading.

                          Stem-to-Stern Review

       The Coast Guard is directed to brief the Committees no 
     later than 60 days after the date of enactment of this Act on 
     efforts to implement the findings from the Commandant's stem-
     to-stern review.

                            Coast Guard Yard

       The Coast Guard Yard located at Curtis Bay, Maryland, is 
     recognized as a critical component of the Coast Guard's core 
     logistics capability which directly supports fleet readiness. 
     The Yard has been a vital part of the Coast Guard's readiness 
     and infrastructure for more than 100 years and the Committees 
     believe sufficient industrial work

[[Page H9544]]

     should be assigned to the Yard to maintain this capability.

                      Command and Control Aircraft

       The Coast Guard shall include in its annual budget 
     justification a detailed explanation, including cost 
     implications, of any plans to alter the capabilities of 
     command and control aircraft.


                ENVIRONMENTAL COMPLIANCE AND RESTORATION

       A total of $13,500,000 is provided for ``Environmental 
     Compliance and Restoration''. The Coast Guard is directed to 
     include within its annual budget justification a listing of 
     the activities projected to be funded by the amount requested 
     under this heading and an updated backlog report for 
     Environmental Compliance and Restoration projects, with an 
     explanation of how the amount requested will impact this 
     documented backlog. The Coast Guard is further directed to 
     assess environmental remediation costs for LORAN sites and 
     brief the Committees no later than February 15, 2012, on its 
     plans for such assessments, as specified in the Senate 
     report.


                            RESERVE TRAINING

       A total of $134,278,000 is provided for ``Reserve 
     Training''.


              ACQUISITION, CONSTRUCTION, AND IMPROVEMENTS

       A total of $1,403,924,000 is provided for ``Acquisition, 
     Construction, and Improvements''.


    The amount provided for this appropriation by PPA is as follows:

Vessels:
  Survey and Design-Vessels and Boats........................$6,000,000
  Response Boat-Medium......................................110,000,000
  In-Service Cutters Sustainment.............................14,000,000
  National Security Cutter...................................77,000,000
  Offshore Patrol Cutter.....................................25,000,000
  Fast Response Cutter......................................358,000,000
  Cutter small boats..........................................5,000,000
  Medium Endurance Cutter Sustainment........................47,000,000
                                                       ________________
                                                       
    Subtotal, Vessels.......................................642,000,000
Aircraft:
  Airframe Replacement (CGNR 6017)...........................18,300,000
  Maritime Patrol Aircraft..................................129,500,000
  HH-60 conversion projects..................................56,100,000
  Long Range Surveillance Aircraft...........................62,000,000
  HH-65 conversion/sustainment projects......................24,000,000
                                                       ________________
                                                       
    Subtotal, Aircraft......................................289,900,000
Other Acquisition Programs:
  Program Oversight and Management...........................26,000,000
  Systems Engineering and Integration........................17,140,000
  C4ISR......................................................38,500,000
  Coast Guard--Logistics Information Management System........6,500,000
  Nationwide Automatic Identification System..................5,000,000
  Rescue 21..................................................65,000,000
  Interagency Operations Centers..............................3,000,000
                                                       ________________
                                                       
    Subtotal, Other Acquisition Programs....................161,140,000
Shore Facilities and Aids to Navigation:
  Major Construction: Housing; ATON; and Survey & Design.....92,900,000
  Major Acquisition Systems Infrastructure...................81,500,000
  Minor Shore.................................................6,292,000
                                                       ________________
                                                       
    Subtotal, Shore Facilities and Aids to Navigation.......180,692,000
Military Housing.............................................20,000,000
Personnel and Related Support
  Direct Personnel Costs....................................109,592,000
  Core Acquisition Costs........................................600,000
                                                       ________________
                                                       
    Subtotal, Personnel and Related Support.................110,192,000
                                                       ================

    Total, Acquisition, Construction, and Improvements...$1,403,924,000

         Comprehensive and Quarterly Acquisition Status Reports

       To strengthen oversight for all Departmental acquisition 
     programs, a statutory requirement is included for the 
     Department of Homeland Security Under Secretary for 
     Management to submit to the Committees a comprehensive 
     acquisition status report in tandem with the fiscal year 2013 
     budget request with quarterly updates on any deviations. 
     Because the Department-wide comprehensive report will 
     encompass Coast Guard acquisition data, a duplicative effort 
     to submit Coast Guard specific quarterly reports is no longer 
     necessary or required. In addition, acquisition specific 
     information is required in the Coast Guard Capital Investment 
     Plan (CIP), which has been expanded for the purpose of in-
     depth oversight. GAO shall review the CIP and brief the 
     Committees on the results of the review.
       In lieu of separate briefings on individual acquisitions, 
     as required in the Senate report, the Coast Guard shall brief 
     the Committees quarterly on all major acquisitions. These 
     briefings shall include: the objective for operational hours 
     the Coast Guard expects to achieve; the gap between that 
     objective, current capabilities, and stated mission 
     requirements; and how the acquisition of the specific asset 
     closes the gap. The information presented at these required 
     briefings shall also include a discussion of how the Coast 
     Guard calculated the operational hours, an explanation on 
     risks to mission performance associated with the current 
     shortfall, and the operational strategy to mitigate such 
     risks.

                           Fleet Mix Analysis

       The Coast Guard is directed to submit to the Committees 
     phases one and two of the Fleet Mix Analysis and the Cutter 
     Fleet Mix Analysis, as specified by the Senate report.

                        National Security Cutter

       A total of $77,000,000 is repurposed from the budget 
     request and provided for the acquisition of long-lead time 
     materials necessary for production of the sixth National 
     Security Cutter (NSC). In addition, statutory language 
     specifies immediate availability of these funds, 
     notwithstanding the availability of funds for production 
     costs or post-production activities. The funding to support 
     long-lead time materials along with the statutory direction 
     is intended to enable a contract award approximately 90 days 
     after the date of enactment of this Act. As noted in both the 
     House and Senate reports, the Committees disagree with the 
     Administration's current acquisition policy towards the NSC 
     since it will result in substantially higher costs to the 
     Coast Guard and the taxpayer, extension of the NSC 
     acquisition program baseline, significant engineering 
     inefficiencies, and an increased strain on the Coast Guard's 
     legacy assets, including escalation of maintenance costs. By 
     contrast, the funding of long-lead time materials in fiscal 
     year 2012 will accelerate NSC production and result in not 
     only direct savings of $45,000,000 to $60,000,000 per cutter, 
     but also expedite completion of the NSC acquisition program 
     baseline of eight NSCs. The conferees strongly support the 
     acquisition of the planned eight NSCs in the most cost 
     effective manner within the guidelines of proper program 
     oversight and governance.

                         Offshore Patrol Cutter

       Notwithstanding the direction of the Senate report, the 
     Coast Guard is directed to include updated information on the 
     acquisition of the Offshore Patrol Cutter within the required 
     comprehensive and quarterly acquisition status reports, as 
     described in this statement under the Departmental Management 
     and Operations ``Under Secretary for Management'' heading.

                          Fast Response Cutter

       As requested, a total of $358,000,000 is provided for the 
     acquisition of six Fast Response Cutters (FRCs) and the re-
     procurement data and licensing rights package (RDLP). Funding 
     for six cutters is provided to maximize production 
     capabilities and to realize a total savings of $30,000,000, 
     or $5,000,000 per FRC. Funds provided for the RDLP should 
     sustain the acquisition program baseline and enable the 
     planned re-competition of the next FRC contract award.

                          Response Boat-Medium

       As requested, $110,000,000 is provided to acquire 40 
     Response Boat-Mediums (RB-Ms). The acquisition of 40 RB-Ms 
     will enable the Coast Guard to complete the RB-M acquisition 
     program baseline one year ahead of schedule and achieve 
     programmatic savings of approximately $6,000,000.

                                 C4ISR

       An additional $4,000,000 above the amount requested is 
     provided to support the costs of installation of modernized 
     communications systems on legacy cutters. The Coast Guard 
     shall notify the Committees no later than February 15, 2012, 
     on the planned expenditure of these additional funds as well 
     as its deployment plan for C4ISR upgrades to the NSC fleet.

                         In-Service Sustainment

       The Coast Guard shall develop a long-term plan of 
     investments to address its in-service cutter sustainment 
     requirements, as described in the Senate report.

                       Rotary Wing Aircraft Reset

       As requested, $18,300,000 is provided for a replacement HH-
     60 helicopter.

                    Long-Range Surveillance Aircraft

       A new PPA combining HC-130J acquisition and HC-130H 
     refurbishment is established, as directed by the House, in 
     order to allow the Coast Guard to leverage its limited 
     funding for the most cost effective budgeting for Long Range 
     Surveillance Aircraft. The Coast Guard is directed to brief 
     the Committees by February 15, 2012, on its evaluation of 
     options presented in the recently completed Naval Air Systems 
     Command business case analysis of the optimal mix of 
     refurbished HC-130Hs and new HC-130Js.

                       Unmanned Aircraft Systems

       Funding for unmanned aircraft systems is addressed under 
     the Coast Guard ``Research, Development, Testing, and 
     Evaluation'' heading and is not provided in this 
     appropriation.

                    Program Oversight and Management

       A total of $26,000,000 is provided for Program Oversight 
     and Management, a reduction of $9,000,000 from the request 
     due to budgetary constraints. This PPA is renamed from, 
     ``Government Program Management'' to more accurately reflect 
     the nature of the activities supported by the funding 
     provided.

[[Page H9545]]

     The Coast Guard shall provide a more detailed budget 
     justification, by activity, for this PPA in the fiscal year 
     2013 budget justification materials.

  Major Shore Construction, Aids to Navigation, and Survey and Design

       As requested, $92,900,000 is provided for Major Shore 
     Construction, Aids to Navigation, and Survey and Design. The 
     Coast Guard is directed to submit a prioritized list of shore 
     construction projects, as directed in the Senate report, 
     which includes all unfunded and backlogged projects, to the 
     Committees no later than 45 days after the date of enactment 
     of this Act.

  Infrastructure Improvement Plan for the Coast Guard Training Center

       The Coast Guard shall submit to the Committees a plan to 
     upgrade the barracks at the Coast Guard Training Center to 
     include fire suppression systems and gender-equivalent 
     facilities, as specified in the Senate report.

                Major Acquisition Systems Infrastructure

       A total of $81,500,000 is provided for Major Acquisition 
     Systems Infrastructure, a reduction of $13,000,000 from the 
     amount requested due to revised cost estimates. The Coast 
     Guard is directed to submit a current expenditure plan on 
     selected homeports to the Committees no later than 45 days 
     after the date of enactment of this Act. Furthermore, the 
     Coast Guard is directed to include within its annual budget 
     justification materials the associated infrastructure costs 
     of each operational asset proposed to be acquired.

                            Military Housing

       As requested, $20,000,000 is provided for military housing. 
     The Coast Guard is directed to provide an exhaustive, 
     prioritized listing of all military housing needs to the 
     Committees no later than 45 days after the date of enactment 
     of this Act.

                         Acquisition Personnel

       A total of $110,192,000 is provided for the direct costs of 
     acquisition personnel. However, these funds do not support 
     the costs of the requested enhancement to acquisition 
     staffing due to: (1) an inadequate budget justification that 
     does not fully explain baseline capabilities and how existing 
     gaps in skills and capabilities will be addressed by the 
     requested enhancement; and (2) the fact that the Coast Guard 
     has not adequately budgeted to support the existing 
     acquisition workforce. Therefore, the funds provided are 
     intended to annualize the full costs of supporting 
     acquisition personnel and related support to include 
     resources that were reprogrammed at the request of the Coast 
     Guard in fiscal year 2011. The Coast Guard is directed to 
     brief the Committees on acquisition personnel management, as 
     required by the Senate report, no later than February 15, 
     2012. This briefing shall also include a proposal for 
     incorporating funding for acquisition staffing within the 
     Coast Guard ``Operating Expenses'' appropriation and a method 
     for tracking the budget for this function if it were to be 
     merged with the funds that currently support personnel within 
     the ``Operating Expenses'' appropriation.


              RESEARCH, DEVELOPMENT, TEST, AND EVALUATION

       A total of $27,779,000 is provided for ``Research, 
     Development, Test, and Evaluation'' (RDT). The Coast Guard 
     is directed to revise its annual budget justification for 
     this function, as per the standards and direction contained 
     in this statement under the Departmental Management and 
     Operations ``Office of the Chief Financial Officer'' heading. 
     This revised justification shall also include a prioritized 
     listing of planned RDT activities relative to stated 
     mission needs and goals.

                       Unmanned Aircraft Systems

       Within the amount provided under this heading, $8,000,000 
     is provided for cutter-based unmanned aircraft systems (UAS). 
     This funding, in addition to amounts previously appropriated, 
     is provided for the purposes of procurement of shipboard 
     integration equipment and to support an advanced concept 
     technology demonstration.


                              RETIRED PAY

       A total of $1,440,157,000 is provided for ``Retired Pay''. 
     The Coast Guard's ``Retired Pay'' appropriation is a 
     mandatory budgetary activity.

                      United States Secret Service


                         SALARIES AND EXPENSES

       A total of $1,661,237,000 is provided for ``Salaries and 
     Expenses.'' Within this total, the following amounts are 
     provided for requested initiatives: $57,300,000 for 
     Operational Mission Support enhancements (within ``Protection 
     of Persons and Facilities''); $113,462,000 for 2012 
     Presidential Campaign costs; $19,307,000 for ``National 
     Special Security Events''; $371,000 for enhanced acquisition 
     management support; and $43,843,000 for ``Information 
     Integration and Technology Transformation'' (IITT). Of the 
     funds provided for IITT, $20,000,000 is withheld from 
     obligation for the purchase or installation of information 
     technology equipment until the DHS Chief Information Officer 
     submits a report to the Committees certifying that all plans 
     for integration and transformation are consistent with the 
     Department's data center migration and enterprise 
     architecture requirements. In addition, the Secret Service is 
     directed to submit an updated, prioritized plan for the 
     execution of Operational Mission Support that reflects the 
     funding provided.
       The amount provided for this appropriation by PPA is as 
     follows:
Protection:
  Protection of Persons and Facilities.....................$832,463,000
  Protective Intelligence Activities.........................68,125,000
  National Special Security Events...........................19,307,000
  Presidential Candidate Nominee Protection.................113,462,000
  White House Mail Screening.................................18,472,000
                                                       ________________
                                                       
    Subtotal, Protection..................................1,051,829,000
Investigations:
  Domestic Field Operations.................................223,991,000
  International Field Office Administration, Operations and T32,971,000
  Electronic Crimes Special Agent Program and Electronic Crimes Task 
    Forces...................................................53,051,000
  Support for Missing and Exploited Children..................8,366,000
                                                       ________________
                                                       
    Subtotal, Investigations................................318,379,000
Headquarters, Management and Administration.................191,588,000
Rowley Training Center.......................................55,598,000
Information Integration and Technology Transformation........43,843,000
                                                       ________________
                                                       
    Total, Salaries and Expenses.........................$1,661,237,000

                           Account Structure

       The current PPA structure does not provide visibility into 
     the management of funding provided for information technology 
     and system investments, or identify costs associated with the 
     site-specific, critical protective physical infrastructure, 
     which merits ongoing investment and refreshment. The Secret 
     Service is directed to adjust its PPA structure to align to 
     the tables at the end of this statement and to build this 
     revised structure into its fiscal year 2013 budget request. 
     Costs associated with protective mission operations and 
     support, including those based on unit cost elements for 
     staffing and operational activities, excluding facilities and 
     significant infrastructure investments, should continue to be 
     reflected in the existing PPA for protection of persons and 
     facilities. However, the Secret Service is directed to 
     include a new PPA in its fiscal year 2013 budget submission 
     which better captures the costs associated with investment 
     and sustainment requirements for protective infrastructure, 
     for which a substantial increase in funding was requested for 
     fiscal year 2012 under ``Protection of Persons and 
     Facilities.''

                            Overseas Offices

       Within the funding provided for this appropriation, 
     $2,000,000 above the request is provided for the Secret 
     Service to open and staff a new office in Lima, Peru. In lieu 
     of the briefings on field operations required in the House 
     and Senate reports, the Secret Service is directed to provide 
     a briefing on the establishment of the office in Lima, Peru, 
     as well as current and future funding requirements for a 
     permanent office in Beijing, China, no later than February 
     15, 2012.


     ACQUISITION, CONSTRUCTION, IMPROVEMENTS, AND RELATED EXPENSES

       A total of $5,380,000 is provided for ``Acquisition, 
     Construction, Improvements, and Related Expenses.''

      TITLE III--PROTECTION, PREPAREDNESS, RESPONSE, AND RECOVERY


              NATIONAL PROTECTION AND PROGRAMS DIRECTORATE

                     MANAGEMENT AND ADMINISTRATION

       A total of $50,695,000 is provided for Management and 
     Administration of the National Protection and Programs 
     Directorate (NPPD).
       This includes $7,326,000 for management, planning, and 
     administration activities in the Office of the Assistant 
     Secretary for Infrastructure Protection and $5,494,000 for 
     the Office of the Assistant Secretary for Cybersecurity and 
     Communications that were previously funded in 
     ``Infrastructure Protection and Information Security''.
       As discussed under Departmental Management and Operations, 
     ``Office of the Chief Financial Officer,'' NPPD shall 
     provide, with the submission of the fiscal year 2013 budget 
     request, a fully justified budget by PPA and line item. 
     Further, the budget request shall be submitted in the PPA 
     structure provided in this statement. The budget 
     justification shall also include a full explanation of any 
     funds that are requested with availability in excess of one 
     year including a program description, the reason for the 
     additional required availability, and a schedule for 
     execution of the funding.

                      Risk Management and Analysis

       A recent National Academy of Sciences (NAS) report 
     highlighted several shortcomings in the NPPD Office of Risk 
     Management and Analysis (RMA) program. While the NAS study 
     concluded that the basic risk framework used by RMA is a 
     sound approach to assessing risk, it identified other 
     significant deficiencies in the Office's risk analysis 
     approach, limiting the level of confidence with which it can 
     be used to support DHS decision-making. The NAS recommended 
     major reforms to the current approach, but to date the 
     Department has not submitted a

[[Page H9546]]

     plan to reform RMA. Such lack of needed reforms is 
     unacceptable in the current fiscally constrained environment. 
     Therefore, the Secretary has been provided the authority to 
     transfer up to $4,241,000 to the DHS Office of Policy, 
     subject to notification, in order to reform and improve 
     oversight of the Department's risk management and analysis 
     functions. A transfer is also designed to elevate the 
     importance of a strong risk modeling, analysis, and strategic 
     planning function within the Department. If the Secretary 
     does not submit a notification to transfer the risk 
     management function to the Office of Policy, the funds shall 
     be used to effect the orderly termination of RMA by March 30, 
     2012.
       The Committees must receive the notification for such a 
     transfer no later than 90 days after the date of enactment of 
     this Act. Further, no later than the date upon which the 
     notification is submitted, the Secretary shall provide to the 
     Committees a plan identifying and justifying the specific 
     risk modeling, analysis, and strategic planning functions of 
     value and use to the Department and its individual 
     components. The plan is to include the funding and personnel 
     being allocated to each function and any reforms being made, 
     including those undertaken in response to the NAS findings.


           INFRASTRUCTURE PROTECTION AND INFORMATION SECURITY

       A total of $888,243,000 is provided for ``Infrastructure 
     Protection and Information Security'' (IPIS), of which 
     $200,000,000 is available until September 30, 2013. A total 
     of $93,348,000 is provided for Infrastructure Security 
     Compliance. This amount combined with the carryover balance 
     of $19,705,120 provides $113,053,120 for program 
     implementation in fiscal year 2012.
       Statutory language is included requiring expenditure plans 
     for the Office of Infrastructure Protection and the National 
     Cyber Security Division. The plans shall include a 
     description by PPA and line item with the associated costs 
     subdivided by quarter. The plan shall provide sufficient 
     detail on the items and services procured and the outcomes of 
     those services or items. As requested in the President's 
     budget, $28,927,000 is included for Control Systems Security; 
     $14,876,000 is included for cyber education; and $8,012,000 
     is included for cybersecurity outreach and awareness. Any 
     funding used for acquisition workforce improvements shall be 
     clearly identified. Funding levels for all Information, 
     Sharing and Analysis Centers, the National Infrastructure 
     Simulation and Analysis Center, and for vulnerability 
     assessments shall also be clearly identified.
       A provision that requires an investment and management plan 
     is not included for the National Cybersecurity Protection 
     System as directed in the House report. Additionally, a 
     separate report for Next Generation Network Priority Services 
     is not required as directed in the Senate report. NPPD shall 
     instead comply with the requirements for the Comprehensive 
     and Quarterly Acquisition Status Reports in Departmental 
     Management and Operations under the heading ``Under Secretary 
     for Management.''
       With respect to sector cooperation, the Under Secretary for 
     NPPD is to provide a report regarding the results of a review 
     to streamline the processes for coordination and information 
     sharing with industry partners, and GAO is to conduct an 
     evaluation of the effort, as directed in the Senate report.
       The Under Secretary is directed to provide a report that 
     details the Department's definition of inherently safer 
     technology as it relates to chemical facilities under the 
     purview of the Chemical Facility Anti-Terrorism Standards 
     program.
       The amount provided for this appropriation by PPA is as 
     follows:
Infrastructure Protection:
  Infrastructure Analysis & Planning........................$70,518,000
  Sector Management & Governance.............................74,219,000
  Regional Field Operations..................................57,367,000
  Infrastructure Security Compliance.........................93,348,000
                                                       ________________
                                                       
    Subtotal, Infrastructure Protection.....................295,452,000
Cybersecurity and Communications:
                                                         Cybersecurity:
  Cybersecurity Coordination..................................4,500,000
  US-Computer Emergency Readiness Team (US-CERT) Operations..79,116,000
  Federal Network Security...................................35,000,000
  Network Security Deployment...............................229,000,000
  Global Cybersecurity Management............................23,992,000
  Critical Infrastructure Cyber Protection & Awareness.......60,000,000
  Business Operations........................................11,568,000
                                                       ________________
                                                       
    Subtotal, Cybersecurity.................................443,176,000
Communications:
  Office of Emergency Communications.........................43,495,000
  Priority Telecommunications Services.......................56,074,000
  Next Generation Networks...................................25,253,000
  Programs to Study and Enhance Telecommunications...........13,441,000
  Critical Infrastructure Protection Programs................11,352,000
                                                       ________________
                                                       
  Subtotal, Communications..................................149,615,000
                                                       ________________
                                                       
    Subtotal, Cybersecurity and Communications..............592,791,000
                                                       ________________
                                                       
      Total, Infrastructure Protection and Information Secu$888,243,000


                       FEDERAL PROTECTIVE SERVICE

       A total of $1,261,537,000 is provided for the ``Federal 
     Protective Service'' (FPS), as requested, for fiscal year 
     2012. This amount is fully offset by collections of security 
     fees. A provision is included requiring the Secretary and the 
     Director of the Office of Management and Budget to certify, 
     no later than December 31, 2011, that FPS will collect a 
     sufficient amount in fees to cover the total number of FTE 
     requested in the budget, or adjust the fee to cover all 
     costs.
       The Director of FPS shall provide an expenditure plan by 
     PPA for fiscal year 2012 no later than 60 days after the date 
     of enactment of this Act. The plan shall include a 
     description by line item and distinct activity with the 
     expenditures subdivided quarterly. With the submission of the 
     fiscal year 2013 budget, the Director of FPS shall comply 
     with the requirements as detailed in Departmental Management 
     and Operations, ``Office of the Chief Financial Officer'' 
     with respect to fiscal year 2013 budget justifications. The 
     justification provided in fiscal year 2013 shall include all 
     funding sources, including reimbursables.
       FPS is directed to provide a strategic human capital plan 
     and a plan to assume security and protection responsibilities 
     from agencies that currently hold delegated authority to the 
     Committees and GAO as directed in the Senate report. Further, 
     GAO is directed to comply with the directions with respect to 
     reviewing such plans.


    UNITED STATES VISITOR AND IMMIGRANT STATUS INDICATOR TECHNOLOGY

       A total of $306,802,000 is provided for US-VISIT. No funds 
     are included for the Acquisition Workforce Initiative. 
     Statutory language is included to require a multi-year 
     investment and management plan. In addition, US-VISIT is 
     directed to comply with the direction included under the 
     heading ``Office of the Chief Financial Officer'' with 
     respect to improved budget justifications.

                      Overstay Backlog Elimination

       Given the current budgetary environment, security 
     requirements that must be met immediately, and the lack of an 
     implementation plan for biometric air exit, unobligated 
     balances from US-VISIT are rescinded for distribution to 
     other security priorities across the Department for which 
     funds can be more quickly executed. An increase of $9,400,000 
     is provided for US-VISIT to prepare a comprehensive plan for 
     implementation of biometric air exit, as well as for 
     improvement of biographic entry-exit matching capabilities 
     and to prevent future overstay backlogs. DHS is encouraged to 
     identify additional funds to enhance funding for its 
     biographic efforts. The Department is directed to brief the 
     Committees no later than January 13, 2012, on its plan for 
     use of these funds, to include elimination of the backlog of 
     ``unvetted'' overstay records and the prevention of 
     reoccurrence of backlogs.

                         Semi-Annual Briefings

       US-VISIT shall continue to provide briefings to the 
     Committees on biometric exit planning; interoperability in 
     conjunction with its interagency counterparts; hirings and 
     conversions; and other operations. The briefings will be on a 
     semi-annual rather than a quarterly basis.

               Identity Management and Screening Services

       As required in the House report, US-VISIT shall brief the 
     Committees quarterly on its workload and service levels, 
     including any backlogs that may result from an influx of 
     transactions or new users.

                              US-VISIT 1.0

       Funds are not provided for ``US-VISIT 1.0'' due to 
     insufficient justification regarding the use of such funds. 
     US-VISIT is encouraged to continue planning efforts for 
     modernization of IDENT, including ensuring that it can 
     operate efficiently to meet the growing and evolving needs of 
     its users and provide the critical capabilities necessary for 
     our Nation's security. IDENT modernization should be outlined 
     in the US-VISIT investment and management plan.

                        Office of Health Affairs

       A total of $167,449,000 is provided for the Office of 
     Health Affairs (OHA). The Assistant Secretary for the OHA is 
     directed to provide an expenditure plan that includes a 
     description by line item and distinct activity, with the 
     expenditures subdivided by quarter, within 60 days after the 
     date of enactment of this Act. Further, OHA is directed to 
     comply with the direction included in Departmental Management 
     and Operations, ``Office of the Chief Financial Officer'' 
     with respect to improved budget justifications.
       A total of $12,013,000 is provided for the National 
     Biosurveillance Integration System (NBIS), $5,000,000 above 
     the budget request, including funds to diversify DHS's 
     biosurveillance capabilities. OHA is not required to 
     collocate the National Biosurveillance Integration Center as 
     directed in the Senate report.
       A total of $5,439,000 is provided for the Chemical Defense 
     Program, of which

[[Page H9547]]

     $3,000,000 is provided above the request for at least two 
     additional demonstration projects, to be competitively 
     selected.

                  Federal Emergency Management Agency


                         SALARIES AND EXPENSES

       A total of $895,350,000 is provided for Salaries and 
     Expenses under what was formerly called ``Management and 
     Administration.'' When combined with amounts available from 
     other accounts, a total of $1,031,378,000 is available for 
     Salaries and Expenses including grant program execution.
       The amount provided for this appropriation by PPA is as 
     follows:
Administrative and Regional Offices........................$110,495,000
  Office of National Capital Region Coordination............(5,493,000)
Preparedness and Protection.................................109,873,000
Response....................................................226,228,000
  Urban search and rescue response system..................(41,250,000)
Recovery.....................................................78,373,000
Mitigation...................................................43,675,000
Mission Support.............................................219,433,000
Centrally Managed Accounts..................................107,273,000
                                                       ________________
                                                       
    Total, Salaries and Expenses...........................$895,350,000
       FEMA shall provide an expenditure plan no later than 90 
     days after the date of enactment of this Act. The plan shall 
     be detailed by the PPA structure as detailed in this 
     statement and by office. It shall include actual funding from 
     the prior year, the current fiscal year, and deviations 
     between the two years. Each year shall include the number of 
     positions, the number of FTE, the amount for salaries and 
     benefits, and the amount for the program, showing all sources 
     of funding. Specific information regarding the transfer of 
     funding from other appropriations should be included, with 
     the same level of detail currently provided to the 
     Committees.
       For fiscal year 2013, the budget request for FEMA shall 
     comply with the direction included in Departmental Management 
     and Operations under the ``Office of the Chief Financial 
     Officer'' with respect to improved budget justifications. 
     Further, the budget request shall be detailed by office and 
     under the new PPA structure provided and submitted in the 
     same format as the required expenditure plan for fiscal year 
     2012.
       FEMA is directed to study the feasibility to, on a 
     quarterly basis, post on the FEMA website a summary of the 
     financial status of funds appropriated under ``State and 
     Local Programs.''
       FEMA is provided the authority to reprogram funds within 
     ``Salaries and Expenses,'' notwithstanding the requirements 
     of section 503 of this Act. This temporary authority shall 
     expire on April 16, 2012.
       A provision is included requiring the Administrator to 
     submit the National Preparedness Report and a comprehensive 
     plan to implement a system to measure the effectiveness of 
     grants to State and local communities to the Committees in 
     fiscal year 2012. Further, $1,400,000, 25 percent of the 
     funds for the Office of the Administrator, is withheld from 
     obligation until the Report and the plan are submitted.
       Within 90 days of the date of the enactment of this Act, 
     the Administrator of FEMA, in consultation with the Commander 
     of the U.S. Army Corps of Engineers (USACE), shall provide a 
     report on the cost of debris removal. Specifically, the 
     report shall address the disparity between the cost factors 
     for the USACE as compared to other options communities have 
     for debris removal services.

              Program, Project, and Activity Restructuring

       In order to provide additional visibility, the FEMA 
     ``Salaries and Expenses'' account, formerly the ``Management 
     and Administration'' account, has been subdivided into PPA 
     lines. The Administrative and Regional Offices PPA includes 
     the Office of the Administrator, Office of Policy and Program 
     Analysis, Office of External Affairs, Disability Integration 
     and Coordination, Office of Equal Rights, Office of Chief 
     Counsel, Office of the Chief Financial Officer, Office of 
     National Capital Region Coordination, Regional Operations, 
     Federal Coordinating Officers, and Evaluations and 
     Assessments. The Preparedness and Protection PPA includes the 
     Office of Preparedness and National Protection, National 
     Continuity, National Preparedness Directorate, Grants 
     Programs Directorate, and Technical Assistance. The Response 
     PPA includes the Office of Response and Recovery, Response 
     Programs, and Logistics Programs. The Recovery PPA includes 
     Recovery Programs. The Mitigation PPA includes Mitigation 
     Programs. The Mission Support PPA includes the Office of the 
     Associate Administrator, Chief Administrative Officer, Chief 
     Security Officer, Chief Information Officer, Chief Human 
     Capital Officer, Chief Procurement Officer, and Regional 
     Support. The Centrally Managed Accounts PPA includes 
     centrally managed functions in the Office of the Chief 
     Financial Officer as well as the Enterprise Operations in the 
     Office of the Chief Administrative Officer, Chief Information 
     Officer, and Chief Security Officer. The Emergency Management 
     Institute is funded under the ``State and Local Programs'' 
     account.

          Technical Assistance and Evaluations and Assessments

       Funding for activities under Technical Assistance and 
     Evaluations and Assessments has been provided under this 
     heading instead of under the ``State and Local Programs'' 
     account as in previous years. A total of $10,000,000 is 
     provided for Technical Assistance within the new Preparedness 
     and Protection PPA, and $10,000,000 is provided for 
     Evaluations and Assessments within the new Administrative and 
     Regional Offices PPA.

                         Facilities Management

       A total of $12,000,000 is provided for capital improvements 
     at Mount Weather, as requested. Additionally, $5,000,000 
     above the requested amount is provided to address unfunded 
     repairs and capital improvement on priority projects across 
     FEMA. None of these funds may be obligated until five days 
     after the Chief Financial Officer (CFO) of FEMA briefs the 
     Committees on an execution plan for these funds.

                        Automation Modernization

       A total of $13,662,000 is provided for FEMA to address 
     automation modernization requirements. None of these funds 
     may be obligated until five days after the CFO and the Chief 
     Information Officer (CIO) of FEMA brief the Committees on the 
     execution plan for these funds. A provision is included 
     requiring FEMA to provide a strategic plan within 180 days 
     after the date of enactment of this Act to modernize its 
     automation and information systems. As noted in both the 
     Senate and House reports, a recent OIG report (OIG-11-69) 
     highlighted a systemic information management and systems 
     problem within FEMA which leaves the Agency less able to 
     efficiently and effectively accomplish its mission. FEMA 
     relies on a time consuming and manual process to estimate its 
     needs for disaster relief funding. Further, FEMA has been 
     unable to quantify National preparedness capabilities, and 
     gaps in capabilities, despite Congress's call to do so since 
     before 2007. Lastly, FEMA is unable to efficiently work with 
     partners in homeland security and emergency management due to 
     a lack of comparable technology capability.
       The lack of a comprehensive approach and needed investments 
     to modernize systems has also left FEMA less able to 
     integrate the preparedness, prevention, response, mitigation, 
     and recovery missions with which it is charged. The funding 
     and planning requirement established in the Act is to provide 
     the means and the direction for FEMA to modernize for better 
     performance and future cost savings. FEMA shall include the 
     DHS CIO in planning efforts to ensure compatibility with DHS 
     systems where practicable. Further, the needs of the Office 
     of National Capital Region Coordination (ONCRC) shall be 
     considered in the automation and information systems 
     strategy. The Deputy Administrator is directed to brief the 
     Committees within 45 days after the date of the enactment of 
     this Act regarding the implementation of the findings of OIG 
     report OIG-11-69, and the initial effort to formulate the 
     modernization plan for each major component within FEMA. 
     These requirements are in lieu of separate requirements 
     addressed in Senate and House reports with respect to the 
     information technology and modernization within the CIO, 
     Preparedness and Protection, Recovery, Mission Support, and 
     the ONCRC.
       Funding for data center migration is not included in this 
     account but is instead addressed under General Provisions in 
     Title V.

            Disaster Relief Fund Financial Management Policy

       Within 90 days after the date of the enactment of this Act, 
     the Administrator and the CFO of FEMA shall develop a policy 
     and issue guidance on the implementation of the restriction 
     to immediate needs funding, or any other spending 
     restrictions administratively imposed in the Disaster Relief 
     Fund (DRF). This policy shall include thresholds for when a 
     restriction will be implemented and identify which programs 
     are impacted under the restriction. FEMA shall brief the 
     Committees within 90 days after the date of the enactment of 
     this Act on the completed policy. Further, FEMA is directed 
     to notify the Committees no later than 15 days prior to the 
     implementation of immediate needs funding restrictions, to 
     the extent practicable.
       To improve the validity and veracity of requests for 
     disaster relief funding in future budgets, the Administrator 
     and the CFO of FEMA shall develop policy and guidance that 
     defines the methodology used to formulate the budget estimate 
     for the DRF. The policy shall be consistent with the Budget 
     and Control Act and shall include a clear description of the 
     data used as a basis for the request, the office responsible 
     for providing the data, and the source(s) of data used. The 
     Office of the Administrator and the CFO of FEMA shall brief 
     the Committees within 90 days of the date of the enactment of 
     this Act on the proposed policy and guidance. Using this 
     policy and guidance, the CFO of FEMA shall work with a 
     qualified third party organization to review the methodology 
     and create estimating tools that will enable rigorous and 
     more consistent forecasting of the requirements for the 
     Disaster Relief Fund. Up to $500,000 is provided for this 
     effort. The Committees shall be regularly briefed by the CFO 
     on the status of the project.
       Further, to improve the management of the DRF and 
     assistance programs, FEMA needs to improve the quality and 
     timeliness of project worksheets for public assistance 
     grants, as well as the process for sharing that information 
     with regional offices, FEMA headquarters, and the Office of 
     Management and Budget (OMB). Therefore,

[[Page H9548]]

     FEMA shall work with the Homeland Security Studies and 
     Analysis Institute, or an independent organization with 
     expertise in grants management, to review the project 
     worksheet process and flow of information, and provide a 
     report to the Committees no later than May 1, 2012. The 
     organization shall provide recommendations to FEMA and the 
     Committees on how to improve the collection and sharing of 
     grant information between the regions, FEMA headquarters, and 
     OMB. The review shall include a delineation of the time an 
     application, or an application appeal, currently spends at 
     each office and stage of the process including the joint 
     field office, FEMA regional office, FEMA headquarters, DHS, 
     and OMB; and ways to streamline the information and reduce 
     the time needed to adjudicate applications.

           Office of the National Capital Region Coordination

       A total of $5,493,000 is provided for the ONCRC. The ONCRC 
     was created to oversee and coordinate Federal programs for 
     and relationships with State, local, and regional authorities 
     in the National Capital Region. Strides have been made in 
     coordinating efforts, especially among the State and local 
     partners, however, there is much more to do, especially in 
     regard to coordination and communication among Federal 
     entities in the area. The Office of the Administrator of 
     FEMA, in conjunction with ONCRC, shall provide a briefing 
     within 60 days after the date of enactment of this Act, on a 
     clear strategy and an action plan to ensure that ONCRC 
     activities are focused in the most efficient and effective 
     manner. The briefing shall provide an understanding of 
     specific outcomes of the ONCRC for fiscal year 2012, and 
     the timeframe in which they will be completed. Further, 
     the Administrator of FEMA is directed to comply with 
     section 882 of the Homeland Security Act of 2002 with 
     respect to the submission of the ONCRC annual report. The 
     annual report shall be submitted within 60 days of the 
     date of enactment of this Act.
       A provision is continued requiring the inclusion of the 
     Governors of the State of West Virginia and the Commonwealth 
     of Pennsylvania in the National Capital Region decision-
     making and planning process for mass evacuation.

                        Urban Search and Rescue

       A total of $41,250,000 is for the Urban Search and Rescue 
     Response System, an increase of $6,070,000 over fiscal year 
     2011. The increase provides for updating the chemical, 
     biological, radiological, nuclear, or explosives equipment 
     for existing teams and to add an additional team, if 
     warranted, to ensure adequate response times and coverage 
     across the Nation. None of the additional funds provided may 
     be obligated until five days after FEMA briefs the Committees 
     on the requirements and justification for the expenditure of 
     funds. FEMA is directed to provide the details of the 
     complete review of the System without delay.

                     Unaccompanied Minors Registry

       A total of no less than $500,000 is provided to automate 
     the unaccompanied minors registry and call center as directed 
     in the Senate report.


                    Presidential Policy Directive--8

       The Conferees are pleased the National Preparedness Goal 
     was submitted this past September, in accordance with the 
     Presidential Policy Directive--8, and expect to receive a 
     report describing the National Preparedness System before 
     January 2012. Within 15 days after receiving the report, FEMA 
     shall brief the Committees on the recommendations of the 
     report, timelines for their implementation, and their 
     budgetary impacts.


                        STATE AND LOCAL PROGRAMS

                     (Including Transfer of Funds)

       A total of $1,349,681,000 is provided for State and Local 
     programs. The amount provided for this appropriation by PPA 
     is as follows:
State and Local Programs Grants..........................$1,118,000,000
Education, Training, and Exercises:
  Emergency Management Institute.............................16,181,000
  Center for Domestic Preparedness...........................62,500,000
  National Domestic Preparedness Consortium..................93,000,000
  National Exercise Program..................................34,000,000
  Continuing Training........................................26,000,000
                                                       ________________
                                                       
    Subtotal, Education, Training, and Exercises............231,681,000
                                                       ________________
                                                       
      Total, State and Local Programs....................$1,349,681,000
       The funds provided for State and Local Program grants are 
     to be allocated according to threat, vulnerability, and 
     consequence to assist high-risk urban areas, States, local 
     and Tribal governments, and other homeland security partners 
     in preventing, preparing for, protecting against, and 
     responding to acts of terrorism. Congress has appropriated 
     over $34,000,000,000 to homeland security grants to date to 
     build first responder capabilities and secure infrastructure. 
     Given the current fiscal climate, the Department should work 
     with the appropriate Committees of jurisdiction to clearly 
     define the Federal role and reassess the most effective 
     delivery of support and resources to sustain and improve 
     homeland security capabilities.
       The Secretary and the Administrator of FEMA are directed to 
     study the current grant programs in order to make them the 
     most effective and to reduce impediments to the timely 
     expenditure of homeland security grant funds. The results of 
     such study shall be provided to the Committees in conjunction 
     with the required comprehensive plan to implement a system to 
     measure the effectiveness of grants.
       Several provisions are included related to grant 
     administration. Grant guidance shall be issued within 60 
     days, applicants shall apply within 80 days, and award 
     decisions shall be made within 65 days. Grantees may not use 
     more than 5 percent of a grant for grant administration and 
     shall provide reports on the use of funds as determined 
     necessary by the Secretary. The installation of 
     communications towers is not considered construction under 
     State Homeland Security Grants and the Urban Area Security 
     Initiative.
       A provision is included allowing the Center for Domestic 
     Preparedness to train certain emergency personnel provided it 
     does not interfere with the primary mission to train state 
     and local emergency response providers.
       Funding for the Emergency Management Institute is provided 
     under this heading, instead of under ``Salaries and 
     Expenses'' (formerly ``Management and Administration'') as in 
     previous years.
       The Department shall brief the Committees on steps taken to 
     ensure community leaders and grantees have the same threat, 
     vulnerability, and consequence information that is available 
     to the Department to ensure applications reflect true risk.
       The GAO is no longer required to monitor the development of 
     any system to measure the effectiveness of the grant programs 
     as directed in the House report.
       FEMA is required to provide a report on the accomplishments 
     of the Regional Catastrophic Preparedness Grant Program, 
     including how successes can be transitioned to and sustained 
     through future catastrophic planning efforts.
       As addressed in both the Senate and House reports, the 
     continued slow expenditure of funds is concerning. FEMA is 
     directed to brief the Committees no later than 90 days after 
     the date of enactment of this Act on plans to expedite the 
     expenditure of funds for interoperable emergency 
     communications, port security, and transit security grants. 
     Particular attention should be placed on funds that were 
     appropriated prior to fiscal year 2008.


                     FIREFIGHTER ASSISTANCE GRANTS

       A total of $675,000,000 is provided for Firefighter 
     Assistance Grants including $337,500,000 for firefighter 
     assistance grants and $337,500,000 for firefighter staffing 
     grants. FEMA is directed to continue the present practice of 
     funding applications according to local priorities and those 
     established by the United States Fire Administration, to 
     maintain an all-hazards focus, and to grant funds for 
     eligible activities in accordance with the authorizing 
     statute. FEMA is required to continue the current grant 
     application and review process as specified in the House 
     report.


                EMERGENCY MANAGEMENT PERFORMANCE GRANTS

       A total of $350,000,000 is provided for Emergency 
     Management Performance Grants.


              RADIOLOGICAL EMERGENCY PREPAREDNESS PROGRAM

       Statutory language is included providing for the receipt 
     and expenditure of fees collected, as authorized by P.L. 105-
     276.


                   UNITED STATES FIRE ADMINISTRATION

       A total of $44,038,000 is provided for the United States 
     Fire Administration.


                          DISASTER RELIEF FUND

                     (Including Transfer of Funds)

       A total of $7,000,000,000 is provided in this conference 
     agreement for the Disaster Relief Fund formerly called 
     ``Disaster Relief.'' The conferees anticipate that an 
     additional $6,400,000,000 that is designated for major 
     disasters pursuant to 251(b)(2)(D) of the Balanced Budget and 
     Emergency Deficit Control Act of 1985 will be provided in 
     legislation that is being considered in parallel to this 
     conference agreement. Therefore, a total amount of 
     $7,100,000,000 will be provided for the Disaster Relief Fund 
     for fiscal year 2012 consistent with estimates provided by 
     the Director of the Office of Management and Budget in a 
     letter dated October 19, 2011, and by the Secretary of 
     Homeland Security in the report titled ``Disaster Relief 
     Funding Requirements'' dated October 21, 2011, pursuant to 
     the legislative requirement in Section 125 of H.R. 2017 
     (Public Law 112-36). Of the funds provided in this conference 
     agreement, $24,000,000 shall be transferred to the DHS OIG 
     for audits and investigations related to disasters.
       A provision is included amending Public Law 110-161 which 
     exempts FEMA from the permanent requirement to submit a 
     monthly ``Disaster Relief'' report. A new provision is 
     included updating the timeframes and information which FEMA 
     must report to the Committees on the Disaster Relief Fund. 
     This provision reduces the burden of reporting by FEMA and 
     allows for better oversight of funding requirements by the 
     Committees. There are several previous reporting requirements 
     which are deleted altogether. FEMA is cautioned that such 
     data could be required

[[Page H9549]]

     in the future after a catastrophic event, and FEMA should 
     therefore not lose the capacity to track and provide such 
     information including: Mission Assignment obligations and 
     expenditures by Federal agency; credit card costs and 
     purchases by DHS agencies; and sole source contracts.
       A report on the expenditure of funds for disaster readiness 
     and support, including quarterly updates, is required, as in 
     previous years.
       A requirement is included in this statement under FEMA 
     Salaries and Expenses to improve DRF budget estimates.


            DISASTER ASSISTANCE DIRECT LOAN PROGRAM ACCOUNT

       A total of $295,000 is provided for the cost of direct 
     loans.


                 FLOOD HAZARD MAPPING AND RISK ANALYSIS

       A total of $97,712,000 is provided for flood hazard mapping 
     and risk analysis.
       FEMA is directed to provide no less than 20 percent of the 
     funds provided under this heading for map updates and 
     maintenance conducted by Cooperating Technical Partners 
     (CTPs) that provide at least a 25 percent cash match and have 
     a strong record of working effectively with FEMA on 
     floodplain mapping activities.


                     NATIONAL FLOOD INSURANCE FUND

       A total of $22,000,000 is provided for salaries and 
     expenses and $149,000,000 for flood plain management and 
     mapping. Further, $10,000,000 is provided for the severe 
     repetitive loss program.


                  NATIONAL PREDISASTER MITIGATION FUND

       A total of $35,500,000 is provided for National Predisaster 
     Mitigation Fund. The unobligated balance from previous years 
     is $173,259,000.


                       EMERGENCY FOOD AND SHELTER

       A total of $120,000,000 is provided for the Emergency Food 
     and Shelter program.

       TITLE IV--RESEARCH AND DEVELOPMENT, TRAINING, AND SERVICES

           United States Citizenship And Immigration Services

       A total of $102,424,000 is provided in discretionary 
     appropriations for USCIS for E-Verify.

                          Fee Funded Programs

       USCIS operations that have been funded through fee revenue 
     should continue to be funded in that manner, including the 
     processing of refugee and asylum claims, Systematic Alien 
     Verification for Entitlements (SAVE), and immigrant 
     integration activities. USCIS is directed to include these 
     costs in its revised fee schedule in recognition of the fact 
     that no additional appropriations will be available to cover 
     the costs of these activities. Further, the table at the end 
     of this statement is updated to reflect these activities as 
     funded through fee collections and includes new projections 
     from USCIS. The requirement in the House report regarding 
     quarterly briefings on fee revenues and obligations is 
     incorporated into the user fee report requirement addressed 
     in this statement under the heading ``Office of the Chief 
     Financial Officer.''

                          Digitization Efforts

       USCIS, ICE, and the Executive Office of Immigration Review 
     are directed to brief the Committees on use of digitized 
     records, as required in the House report, no later than March 
     1, 2012. USCIS is also directed to provide no less than 
     $29,000,000 to continue conversion of immigration records to 
     digital format.

             Systematic Alien Verification for Entitlements

       Due to current budgetary constraints, the SAVE program must 
     continue to be funded through user fees and other USCIS fee 
     revenues. USCIS shall explore all opportunities to reduce the 
     burden on State and local benefits agencies that serve as a 
     disincentive to participation. Additionally, USCIS shall 
     ensure that improvements to the Verification Information 
     System benefit both E-Verify and SAVE users.


                                REAL ID

       The Department is directed to brief the Committees no later 
     than April 13, 2012, on the steps being taken to encourage 
     the States to draw down these funds, the progress on draw 
     down, and the specific reasons by jurisdiction for the delay 
     in draw down, as directed in the House report.

                      Immigrant Integration Grants

       Section 551 is included providing $10,000,000 for immigrant 
     integration grants from fee revenue. No more than five 
     percent of the amount of funds utilized for immigrant 
     integration grants can be used to administer the program.

                Federal Law Enforcement Training Center


                         SALARIES AND EXPENSES

       A total of $238,957,000 is provided for ``Salaries and 
     Expenses,'' as requested. Within the funds provided, 
     $29,716,000 is for Management and Administration and 
     $1,304,000 is for the Federal Law Enforcement Training 
     Accreditation Board.


     ACQUISITIONS, CONSTRUCTION, IMPROVEMENTS, AND RELATED EXPENSES

       A total of $32,456,000 is provided for ``Acquisitions, 
     Construction, Improvements, and Related Expenses.''

                         Science And Technology


                     MANAGEMENT AND ADMINISTRATION

       A total of $135,000,000 is provided for ``Management and 
     Administration,'' including not to exceed $8,500 for official 
     reception and representation expenses.


           Research, Development, Acquisition, and Operations

       A total of $533,000,000 is provided for ``Research, 
     Development, Acquisition, and Operations,'' including 
     $265,783,000 for a new consolidated ``Research, Development, 
     and Innovation'' (RDI) PPA in lieu of the previous, more 
     detailed program areas. Funding is available for three years, 
     except Laboratory Facilities funding, which is available for 
     five years.
       The amount provided for this appropriation by PPA is as 
     follows:
Research, Development, and Innovation......................$265,783,000
Laboratory Facilities (Operations and Construction).........176,500,000
Acquisition and Operations Support...........................54,154,000
University Programs..........................................36,563,000
                                                       ________________
                                                       
Total, Research, Development, Acquisition and Operations...$533,000,000

                 Research, Development, and Innovation

       The new PPA for RDI will enable S to more quickly shift 
     resources, if necessary, between research activities without 
     formal reprogramming or transfer actions. In some instances, 
     research activity may straddle several different missions and 
     thrust areas. S and the Department must prioritize this 
     consolidated research budget, which is substantially reduced 
     from recent fiscal years, to focus on areas with the greatest 
     promise for delivering material improvements or tangible 
     contributions to homeland security missions in the near term. 
     This flexibility in funding should facilitate that effort and 
     partially offset the impact of an overall funding reduction.
       However, it remains important for accountability and 
     visibility into the S research program that a more detailed 
     reporting of research activity be available. Therefore, S 
     is directed to submit to the Committees a detailed breakout 
     of RDI funding by research thrust areas and by project, based 
     on the categories presented in the budget justification 
     materials, no later than 30 days after the date of enactment 
     of this Act, and to submit quarterly updates thereafter.

                         Apex Research Projects

       The Apex initiative focuses on high-priority, high-value 
     projects expected to produce results to solve a homeland 
     security challenge in the near term. To provide the best 
     oversight over these programs, S is directed to brief the 
     Committees before initiating any new Apex projects, as 
     specified in the House report. S and the Secret Service 
     shall brief the Committees no later than 60 days after the 
     date of enactment of this Act on the protective technology 
     project, to include a progress report and a schedule for test 
     and evaluation under operational conditions.

                      Resilience and Cybersecurity

       S is encouraged to continue to support competitively 
     awarded research into disaster resilience with universities 
     and Federal research centers, as well as cybersecurity 
     research and development, as discussed in the Senate report.

          Laboratory Facilities (Operations and Construction)

       A total of $176,500,000 is provided for Laboratory 
     Facilities (Operations and Construction), of which 
     $50,000,000 shall be to support the construction of the 
     National Bio- and Agro-defense Facility (NBAF), and of which 
     $18,200,000 shall be for infrastructure upgrades at the 
     Transportation Security Laboratory as requested. Section 550 
     in the Act restricts funds appropriated in this Act for NBAF 
     construction until the Department of Homeland Security 
     completes 50 percent design planning for the NBAF, submits a 
     revised site-specific biosafety and biosecurity mitigation 
     risk assessment, and submits the National Academy of 
     Sciences' review of the revised risk assessment. In addition, 
     the revised site-specific biosafety and biosecurity 
     mitigation risk assessment is to include a plan for 
     expenditure of funds related to NBAF construction and a 
     revised estimate of the total construction costs to complete 
     the facility.

             Nuclear and Radiological Response and Recovery

       While funding for general transformational research and 
     development of nuclear and radiological threat detection is 
     funded within the Domestic Nuclear Detection Office (DNDO), 
     S is directed as part of its fiscal year 2013 budget to 
     give priority to research and development of technology for 
     response and recovery from nuclear or radiological attacks or 
     disasters, as part of its broader support of homeland 
     security response and recovery requirements.

                   Acquisition and Operations Support

       A total of $54,154,000 is provided for ``Acquisition and 
     Operations Support.'' S is directed to provide no less than 
     $6,641,000, as requested, for the establishment of policies 
     and procedures for test and evaluation activities and to 
     monitor and coordinate them across the Department's 
     acquisition framework.

                   Domestic Nuclear Detection Office


                     MANAGEMENT AND ADMINISTRATION

       A total of $38,000,000 is provided for ``Management and 
     Administration.'' the Secretary

[[Page H9550]]

     is directed to submit to the Committees no later than 180 
     days after the date of enactment of this Act a strategic plan 
     of investments necessary to implement the Department's 
     responsibilities under the domestic component of the Global 
     Nuclear Detection Architecture (GNDA), as required by this 
     Act.


                 RESEARCH, DEVELOPMENT, AND OPERATIONS

       A total of $215,000,000 is provided for ``Research, 
     Development, and Operations.''
       The amount provided for this appropriation by PPA is as 
     follows:
Systems Engineering and Architecture........................$30,000,000
Systems Development..........................................51,000,000
Transformational Research and Development....................40,000,000
Assessments..................................................38,000,000
Operations Support...........................................33,000,000
National Technical Nuclear Forensics Center..................23,000,000
                                                       ________________
                                                       
Total, Research, Development, and Operations...............$215,000,000

                         Semi-Annual Briefings

       In lieu of quarterly briefings, as directed in the House 
     and Senate reports, DNDO is directed to brief the Committees 
     semi-annually on program updates and to provide periodic 
     updates on any new threats, research, and studies and 
     assessments related to the GNDA. Semi- annual program 
     briefings shall also cover emergent technology solutions 
     being explored by DNDO, such as the human portable 
     tripwire program; cargo scanning technologies for air, 
     land, and sea ports of entry; long-range detection; small 
     vessel standoff detection; and related programs. Briefings 
     shall include available test and evaluation results.

                  Systems Engineering and Architecture

       Funding for DNDO's proposed Mission Critical Messaging 
     program is provided to enhance situational awareness of the 
     GNDA.

                          Systems Development

       In lieu of the requirement for an evaluation of DNDO's 
     acquisitions funding and the appropriateness of consolidating 
     DNDO's ``Systems Development'' and ``Test and Evaluation 
     Infrastructure Operations'' activities within the 
     Department's Science and Technology Directorate, language is 
     included under the ``Office of the Chief Financial Officer'' 
     heading in this statement regarding an assessment of the 
     Department's acquisition organization and performance in 
     support of its nuclear detection mission.

               Transformational Research and Development

       The Department's request to transfer radiological and 
     nuclear research and development from DNDO to the 
     Department's Science and Technology Directorate is denied. 
     Instead, a total of $40,000,000 is provided for 
     Transformational Research and Development (R).
       The conferees recognize that transformational R is funded 
     at a substantially reduced level when compared to prior 
     fiscal years and urge DNDO to leverage partnerships within 
     the Department and the interagency community to realize the 
     Office's radiological and nuclear research objectives. DNDO 
     is directed to provide a detailed breakout no later than 60 
     days after the date of enactment of this Act of how it 
     intends to fund transformational R activities at the 
     reduced appropriations level, as directed in the House 
     report.


                          SYSTEMS ACQUISITION

       A total of $37,000,000 is provided for ``Systems 
     Acquisition.''
       The amount provided for this appropriation by PPA is as 
     follows:

Radiation Portal Monitor Program.............................$7,000,000
Securing the Cities..........................................22,000,000
Human Portable Radiation Detection System.....................8,000,000
                                                       ________________
                                                       
Total, Systems Acquisition..................................$37,000,000

                    Radiation Portal Monitor Program

       A total of $7,000,000 is provided for the Radiation Portal 
     Monitor (RPM) program. Reductions from the request are made 
     in light of the Secretary's decision to cancel the Advanced 
     Spectroscopic Portal (ASP) program as communicated in the 
     Secretary's letter of October 3, 2011, to the Committees. As 
     a result of the Secretary's decision, bill language 
     restricting deployment of ASP is not included. If a successor 
     program is initiated by the Department, the Committees are to 
     be notified.

                          Securing the Cities

       A total of $22,000,000 is provided for the Securing the 
     Cities (STC) program, which includes $2,000,000 for a new STC 
     location beyond the New York pilot. In lieu of the reports 
     required by the House and Senate on the STC program, DNDO is 
     directed to provide a report, before committing funds to a 
     new STC location, that: (1) Provides an evaluation of the New 
     York STC pilot, including lessons learned for future STC 
     sites and corrective actions that are being taken, or will be 
     taken, to reconcile deficiencies identified in exercises and 
     reviews; (2) details efforts to establish a model for STC 
     lifecycle costs; (3) delineates performance measures that 
     will be used to evaluate STC sites; and (4) outlines plans 
     for a Federal transition strategy for the existing and new 
     STC location.
       In lieu of quarterly briefings, as directed in the House 
     report, DNDO is directed to provide periodic briefings on the 
     Securing the Cities program, with the first briefing to be 
     scheduled after the Committees receive the report assessing 
     the 2011 STC exercise in New York City.

                      TITLE V--GENERAL PROVISIONS

       Section 501. A provision proposed by the House and Senate 
     is continued that no part of any appropriation shall remain 
     available for obligation beyond the current year unless 
     expressly provided.
       Section 502. A provision proposed by the House and Senate 
     is continued that unexpended balances of prior appropriations 
     may be merged with new appropriation accounts and used for 
     the same purpose, subject to reprogramming guidelines.
       Section 503. A provision proposed by the Senate is 
     continued that provides authority to reprogram appropriations 
     within an account and to transfer up to 5 percent between 
     appropriations accounts with 15-day advance notification to 
     the Committees. The House proposed a similar provision. A 
     detailed funding table identifying programs, projects, and 
     activities is included at the end of this statement. This 
     table along with funding levels specified in the report shall 
     serve as the control level for all reprogrammings. These 
     reprogramming guidelines shall be complied with by all 
     agencies funded by this Act.
       The Department shall submit reprogramming requests on a 
     timely basis and provide complete explanations of the 
     reallocations proposed, including detailed justifications of 
     the increases and offsets, and any specific impact the 
     proposed changes will have on the budget request for the 
     following fiscal year and future-year appropriations 
     requirements. Each request submitted to the Committees should 
     include a detailed table showing the proposed revisions at 
     the account, program, project, and activity level to the 
     funding and staffing (full-time equivalent position) levels 
     for the current fiscal year and to the levels requested in 
     the President's budget for the following fiscal year.
       The Department shall manage its programs and activities 
     within the levels appropriated. The Department should only 
     submit reprogramming or transfer requests in the case of an 
     unforeseeable emergency or situation that could not have been 
     predicted when formulating the budget request for the current 
     fiscal year. When the Department submits a reprogramming or 
     transfer request to the Committees and does not receive 
     identical responses from the House and Senate, it is the 
     responsibility of the Department to reconcile the House and 
     Senate differences before proceeding, and if reconciliation 
     is not possible, to consider the reprogramming or transfer 
     request not approved.
       The Department is not to submit a reprogramming or transfer 
     of funds after June 30 except in extraordinary circumstances, 
     which imminently threaten the safety of human life or the 
     protection of property. If a reprogramming or transfer is 
     needed after June 30, the notice should contain sufficient 
     documentation as to why it meets this statutory exception.
       Subsection (e), added in the fiscal year 2011 year-long 
     continuing resolution, is included to ensure that funds that 
     are deobligated by the Department are also subject to the 
     reprogramming and transfer guidelines and requirements set 
     forth in this section.
       Section 504. A provision proposed by the House and Senate 
     is continued that prohibits funds appropriated or otherwise 
     made available to the Department to make payment to the 
     Department's Working Capital Fund, except for activities and 
     amounts allowed in the President's fiscal year 2012 request. 
     Funds provided to the WCF are available until expended. The 
     Department can only charge components for direct usage of the 
     WCF and these funds may be used only for the purposes 
     consistent with the contributing component. Any funds paid in 
     advance or reimbursed must reflect the full cost of each 
     service. The WCF shall be subject to the requirements of 
     section 503 of this Act.
       Section 505. A provision proposed by the House and Senate 
     is continued that not to exceed 50 percent of unobligated 
     balances remaining at the end of fiscal year 2012 from 
     appropriations made for salaries and expenses shall remain 
     available through fiscal year 2013 subject to section 503 
     reprogramming guidelines.
       Section 506. A provision proposed by the House and Senate 
     is continued that funds for intelligence activities are 
     deemed to be specifically authorized during fiscal year 2012 
     until the enactment of an Act authorizing intelligence 
     activities for fiscal year 2012.
       Section 507. A provision proposed by the House and Senate 
     is continued and modified requiring notification of the 
     Committees three days before grant allocations, grant awards, 
     contract awards, other transactional agreements, letters of 
     intent, or a task or delivery order on a multiple contract 
     award totaling $1,000,000 or more, or a task or delivery 
     order greater than $10,000,000 from multi-year funds, is 
     announced by the Department, including contracts covered by 
     the Federal Acquisition Regulation. The Department is 
     required to brief the Committees 5 full business days prior 
     to announcing the intention to make a grant under State and 
     Local Programs. Notification shall include a description of 
     the project or projects to be funded, including city, county, 
     and State.
       Section 508. A provision proposed by the House and Senate 
     is continued that no agency shall purchase, construct, or 
     lease additional facilities for Federal law enforcement 
     training without advance approval of the Committees.

[[Page H9551]]

       Section 509. A provision proposed by the House and Senate 
     is continued that none of the funds may be used for any 
     construction, repair, alteration, and acquisition project for 
     which a prospectus, if required under chapter 33 of title 40, 
     United States Code, has not been approved.
       Section 510. A provision proposed by the House and Senate 
     is continued and modified that consolidates by reference 
     prior year statutory bill language into one provision. These 
     provisions relate to contracting officer's technical 
     representative training; sensitive security information; and 
     the use of funds in conformance with section 303 of the 
     Energy Policy Act of 1992.
       Section 511. A provision proposed by the House and Senate 
     is continued that none of the funds may be used in 
     contravention of the Buy American Act.
       Section 512. A provision proposed by the House and Senate 
     is continued and modified on reporting requirements of the 
     privacy officer.
       Section 513. A provision proposed by the House and Senate 
     is continued regarding the oath of allegiance required by 
     section 337 of the Immigration and Nationality Act.
       Section 514. A provision proposed by the House and Senate 
     is continued requiring the Chief Financial Officer to submit 
     monthly budget execution and staffing reports within 45 days 
     after the close of each month.
       Section 515. A provision proposed by the Senate is 
     continued regarding the competitive sourcing for United 
     States Citizenship and Immigration Services. The House 
     proposed no similar provision.
       Section 516. A provision proposed by the Senate is 
     continued and modified directing that any funds appropriated 
     or transferred to TSA ``Aviation Security'', 
     ``Administration'', and ``Transportation Security Support'' 
     in fiscal years 2004 and 2005 that are recovered or 
     deobligated shall be available only for procurement and 
     installation of explosives detection systems, air cargo, 
     baggage, and checkpoint screening systems, subject to 
     notification. Quarterly reports must be submitted identifying 
     any funds that are recovered or deobligated. The House 
     proposed a similar provision.
       Section 517. A provision proposed by the House and Senate 
     is continued for fiscal year 2012 requiring that any funds 
     appropriated to the Coast Guard's 110-123 foot patrol boat 
     conversion that are recovered, collected, or otherwise 
     received as a result of negotiation, mediation, or 
     litigation, shall be available until expended for the Fast 
     Response Cutter program.
       Section 518. A provision proposed by the House and Senate 
     is continued for fiscal year 2012 relating to undercover 
     investigative operations authority of the U.S. Secret 
     Service.
       Section 519. A provision proposed by the House and Senate 
     is continued classifying the functions of the instructor 
     staff at the Federal Law Enforcement Training Center as 
     inherently governmental for purposes of the Federal 
     Activities Inventory Reform Act.
       Section 520. A provision proposed by the House and Senate 
     is continued prohibiting the obligation of funds to the 
     Office of the Secretary and Executive Management, the Office 
     of the Under Secretary for Management, and the Office of the 
     Chief Financial Officer for grants or contracts awarded by 
     any means other than full and open competition. Certain 
     exceptions apply, and this provision does not require new 
     competitions of existing contracts during their current 
     terms. It also requires the Inspector General to review 
     Departmental contracts awarded noncompetitively and report on 
     the results to the Committees.
       Section 521. A provision proposed by the House is continued 
     and modified that prohibits funding pertaining to the 
     Principal Federal Official during a Stafford Act declared 
     disaster or emergency, with certain exceptions. The Senate 
     proposed no similar provision.
       Section 522. A provision proposed by the Senate is 
     continued and made permanent regarding the enforcement of 
     section 4025(1) of the Intelligence Reform and Terrorism 
     Prevention Act of 2004 (Public Law 108-458; 118 Stat. 3724) 
     regarding butane lighters. The House proposed a similar 
     provision.
       Section 523. A provision proposed by the House and Senate 
     is continued that precludes DHS from using funds in this Act 
     to carry out reorganization authority. This prohibition is 
     not intended to prevent the Department from carrying out 
     routine or small reallocations of personnel or functions 
     within components, subject to Section 503 of this Act. This 
     language prevents large scale reorganization of the 
     Department, which should be acted on legislatively by the 
     relevant Congressional committees of jurisdiction.
       Section 524. A provision proposed by the Senate is 
     continued prohibiting the Secretary from reducing operations 
     within the Coast Guard's Civil Engineering Program except as 
     specifically authorized by a statute enacted after the date 
     of enactment of this Act. The House proposed no similar 
     provision.
       Section 525. A provision proposed by the House and Senate 
     is included prohibiting funding to grant an immigration 
     benefit to any individual unless the results of background 
     checks required by statute to be completed prior to the grant 
     of benefit have been received by DHS.
       Section 526. A provision proposed by the House and Senate 
     is continued, modified, and made permanent prohibiting use of 
     funds to destroy or put out to pasture any horse or other 
     equine belonging to any component or agency of DHS unless 
     adoption has been offered first.
       Section 527. A provision proposed by the Senate is included 
     extending other transactional authority for DHS through 
     fiscal year 2012 and eliminates a GAO reporting requirement 
     that is no longer necessary. The House proposed a similar 
     provision.
       Section 528. A provision proposed by the House and Senate 
     is continued requiring the Secretary to link all contracts 
     that provide award fees to successful acquisition outcomes.
       Section 529. A provision proposed by the Senate is included 
     and modified regarding waivers of 16 U.S.C. 501(b). The House 
     proposed no similar provision.
       Section 530. A provision proposed by the House and Senate 
     is continued and modified prohibiting the obligation of funds 
     for the Office of the Secretary and Executive Management for 
     any new hires at DHS if they are not verified through the E-
     Verify program.
       Section 531. A provision proposed by the Senate is 
     continued prohibiting funds from being used to reduce the 
     Coast Guard's Operations Systems Center mission or its 
     government-employed or contract staff. The House proposed no 
     similar provision.
       Section 532. A provision proposed by the House and Senate 
     is continued related to prescription drugs.
       Section 533. A provision proposed by the Senate is 
     continued prohibiting funds to be used to conduct or 
     implement the results of a competition under Office of 
     Management and Budget Circular A-76 with respect to the Coast 
     Guard National Vessel Documentation Center. The House 
     proposed no similar provision.
       Section 534. A provision proposed by the House and Senate 
     is continued requiring the Secretary, in conjunction with the 
     Secretary of the Treasury, to notify the Committees of any 
     proposed transfers from the Department of the Treasury 
     Forfeiture Fund to any agency within DHS. No funds may be 
     obligated until the Committees approve the proposed 
     transfers. If the President proposes to rescind Treasury 
     Forfeiture Funds in his fiscal year 2013 budget, he shall 
     propose to divide the funds equitably between the Departments 
     based upon their contributions to the Fund.
       Section 535. A provision proposed by the House and Senate 
     is continued prohibiting funds for planning, testing, 
     piloting, or developing a national identification card.
       Section 536. A provision proposed by the House is continued 
     requiring the TSA Administrator to certify that no security 
     risks will result if an airport does not participate in the 
     E-Verify program. The Senate proposed no similar provision.
       Section 537. A provision proposed by the House and Senate 
     is continued and modified that requires a report, to be 
     posted on the FEMA website, summarizing damage assessment 
     information used to determine whether to declare a major 
     disaster.
       Section 538. A provision proposed by the House and Senate 
     is continued, modified, and made permanent relating to the 
     liquidation of Plum Island assets and how the proceeds from 
     such sale may be applied to construction costs of the new 
     National Bio- and Agro-defense Facility.
       Section 539. A provision proposed by the House and Senate 
     is continued directing that any official required by this Act 
     to report or to certify to the Committees on Appropriations 
     may not delegate any authority unless expressly authorized to 
     do so in this Act.
       Section 540. A provision proposed by the Senate is 
     continued extending the risk-based security standards for 
     chemical facilities cited in section 550 of Public Law 109-
     295, as amended, for one year. The House proposed a similar 
     provision.
       Section 541. A provision proposed by the Senate is 
     continued prohibiting the use of funds for the transfer or 
     release of individuals detained at United States Naval 
     Station, Guantanamo Bay, Cuba. The House proposed a similar 
     provision.
       Section 542. A provision proposed by the House and Senate 
     is continued prohibiting funds in this Act to be used for 
     first-class travel.
       Section 543. A provision proposed by the House and Senate 
     is continued prohibiting funds in this Act to be used for 
     adverse personnel actions for employees who use protective 
     equipment or measures, including surgical masks, N95 
     respirators, gloves, or hand-sanitizers in the conduct of 
     their official duties.
       Section 544. A provision proposed by the House and Senate 
     is continued prohibiting funds to be used to employ illegal 
     workers as described in Section 274A(h)(3) of the Immigration 
     and Nationality Act.
       Section 545. A provision proposed by the Senate is 
     continued and modified relating to the proper disposal of 
     personal information collected through the Registered 
     Traveler program. The House proposed a similar provision.
       Section 546. A provision proposed by the Senate is 
     continued and made permanent regarding the definition of the 
     term ``rural'' for purposes of section 210C of the Homeland 
     Security Act of 2002. The House proposed no similar 
     provision.
       Section 547. A provision proposed by the House and Senate 
     is continued prohibiting funds appropriated or otherwise made 
     available by this Act to pay for award or incentive fees for 
     contractors with below satisfactory performance or 
     performance that fails to meet the basic requirements of the 
     contract.

[[Page H9552]]

       Section 548. A provision proposed by the House and Senate 
     is included that requires the TSA Administrator to submit 
     biannual reports on how the agency will meet the requirement 
     to screen 100 percent of air cargo transportation on 
     passenger aircraft arriving in the United States. TSA has 
     indicated they will not be able to meet the 9/11 Act deadline 
     for this subset of air cargo.
       Section 549. A provision proposed by the House and Senate 
     is included that requires any new processes developed to 
     screen aviation passengers and crews for transportation or 
     national security to consider privacy and civil liberties, 
     consistent with applicable laws, regulations, and guidance.
       Section 550. A provision proposed by the Senate is included 
     and modified pertaining to the construction of the National 
     Bio- and Agro-defense Facility in Manhattan, Kansas. The 
     House proposed no similar provision.
       Section 551. A provision proposed by the House is included 
     and modified that makes deposits into the Immigration 
     Examinations Fee Account available to United States 
     Citizenship and Immigration Services for the purposes of 
     providing immigrant integration grants of $10,000,000 in 
     fiscal year 2012. The Senate provided funding for this 
     activity under the USCIS heading.
       Section 552. A provision proposed by the Senate is included 
     and modified providing $7,500,000 for the Federal Emergency 
     Management Agency to reimburse costs incurred by State and 
     local governments affected by National Special Security 
     Events, including use of services, personnel, equipment, and 
     facilities. The House proposed no similar provision.
       Section 553. A provision proposed by the Senate is included 
     providing some flexibility to the Department for financing a 
     response to an immigration emergency, subject to 
     notification. The House proposed no similar provision.
       Section 554. A provision proposed by the Senate is included 
     permitting administrative law judges to be available 
     temporarily to serve on an arbitration panel as needed for 
     cases related to Hurricanes Katrina and Rita. The House 
     proposed no similar provision.
       Section 555. A provision proposed by the Senate is included 
     prohibiting funds appropriated or otherwise made available by 
     this Act for DHS to enter into a Federal contract unless the 
     contract meets requirements of the Federal Property and 
     Administrative Services Act of 1949 or Chapter 137 of title 
     10 U.S.C., and the Federal Acquisition Regulation, unless the 
     contract is otherwise authorized by statute without regard to 
     this section. The House proposed no similar provision.
       Section 556. A provision proposed by the Senate is included 
     and modified providing $70,000,000 for data center migration 
     activities to be allocated by the Secretary and allowing the 
     Secretary to transfer data center migration funds made 
     available by this Act between appropriations after notifying 
     the Committees 15 days in advance. The House proposed no 
     similar provision.
       Section 557. A provision proposed by the Senate is included 
     and made permanent allowing the Advanced Training Center to 
     charge fees for any service or thing of value it provides to 
     the Federal Government or non-government entities or 
     individuals, so long as the fee does not exceed the full 
     costs associated with the service or thing of value. The 
     House proposed no similar provision.
       Section 558. A provision proposed by the Senate is included 
     relating to the sale of LORAN properties. The House proposed 
     no similar provision.
       Section 559. A provision proposed by the Senate is included 
     and modified permitting the Department to sell ICE-owned 
     detention facilities and use the proceeds from any sale for 
     improvement to other facilities provided that any such sale 
     will not result in the maintenance of less than 34,000 
     detention beds. The House proposed no similar provision.
       Section 560. A provision proposed by the Senate is included 
     providing a total of $55,979,000 for consolidation of the new 
     DHS headquarters at St. Elizabeths and consolidation of 
     mission support activities. The House proposed no similar 
     provision.
       Section 561. A provision proposed by the House and Senate 
     is included for fiscal year 2012 requiring that SAFER grants 
     shall be used to retain firefighters, instead of only for 
     increasing the number of firefighters. The provision also 
     prohibits funds to be used to enforce certain requirements of 
     the Federal Fire Prevention and Control Act of 1974 related 
     to the program.
       Section 562. A provision proposed by the Senate is included 
     for fiscal year 2011 requiring that Staffing for Adequate 
     Fire and Emergency Response (SAFER) grants shall be used to 
     retain firefighters, instead of only for increasing the 
     number of firefighters. The provision also prohibits funds to 
     be used to enforce certain requirements of the Federal Fire 
     Prevention and Control Act of 1974 related to the program. 
     The House proposed no similar provision.
       Section 563. A provision proposed by the Senate is included 
     pertaining to future spills of national significance and 
     reimbursement for the Coast Guard. The House proposed no 
     similar provision.
       Section 564. A provision proposed by the Senate is included 
     and modified to impose increased penalties on individuals who 
     circumvent security screening at airports. The House proposed 
     no similar provision.
       Section 565. A provision proposed by the Senate is included 
     and modified related to recoupment of debts in cases where 
     funds were distributed based on an error made by FEMA. The 
     House proposed no similar provision.
       Section 566. A provision proposed by the Senate is included 
     regarding reimbursement by FEMA of Small Business 
     Administration Loans for eligible hazard mitigation activity. 
     Execution of this authority shall not result in an individual 
     being reimbursed more than once for the same mitigation 
     activity. The House proposed no similar provision.
       Section 567. A provision proposed by the House is included 
     and modified prohibiting availability of funds for the 
     Association of Community Organizations for Reform Now (ACORN) 
     and its affiliated organizations. The Senate proposed no 
     similar provision.
       Section 568. A new provision is included requiring the 
     Commissioner of CBP and the Assistant Secretary of ICE to 
     submit multi-year investment and management plans for funds 
     executed by their respective Offices of Information 
     Technology. The House proposed similar provisions under the 
     headings U.S. Customs and Border Protection ``Automation 
     Modernization,'' and U.S. Immigration and Customs Enforcement 
     ``Automation Modernization.''
       Section 569. A new provision is included stating that the 
     Secretary shall ensure enforcement of immigration laws.
       Section 570. A provision proposed by the House and Senate 
     is included and modified rescinding unobligated balances made 
     available to the Department when it was created in 2003.
       Section 571. A new provision is included rescinding 
     unobligated balances in multiple appropriations across the 
     Department, pursuant to section 505 of Public Law 112-10.
       Section 572. A provision is included rescinding unobligated 
     balances of prior year appropriations in multiple 
     appropriations across the Department.
       Section 573. A provision proposed by the House is continued 
     and modified to extend the authorization of the National 
     Flood Insurance Program until the earlier of the date of the 
     enactment into law of an Act that specifically reauthorizes 
     or extends the authorization of the program, May 31, 2012.

                         Provisions Not Adopted

       The conference agreement does not include section 547 of 
     the House bill rescinding $11,300,000 in unobligated balances 
     from ICE, Construction.
       The conference agreement does not include section 558 of 
     the Senate bill authorizing an increase to aviation security 
     passenger fees for fiscal year 2012.
       The conference agreement does not include section 565 of 
     the Senate bill making available an additional $18,300,000 
     until September 30, 2014, designated as emergency and offset 
     by rescinding unobligated emergency balances, for Coast Guard 
     to replace a rotary wing airframe.
       The conference agreement does not include section 570 of 
     the Senate bill rescinding $20,000,000 in unobligated prior 
     year balances from S ``Research, Development, Acquisitions, 
     and Operations.''
       The conference agreement does not include section 601 of 
     the House bill rescinding $500,000,000 from Department of 
     Energy unobligated balances pursuant to section 129 of P.L. 
     110-329 and transfers $1,000,000,000 to FEMA Disaster Relief.
       The conference agreement does not include section 701 of 
     the House bill prohibiting new budget authority from 
     exceeding budget allocation.
       The conference agreement does not include section 702 of 
     the House bill prohibiting use of funds in contravention of 
     section 642(a) of the Illegal Immigration Reform and 
     Immigrant Responsibility Act of 1996.
       The conference agreement does not include section 703 of 
     the House bill prohibiting use of funds to parole an alien or 
     grant deferred action except on a case-by-case basis for 
     urgent humanitarian reasons or significant public benefit.
       The conference agreement does not include section 704 of 
     the House bill prohibiting use of funds to require TWIC 
     applicants to appear at a designated enrollment center for 
     issuance, renewal, or activation.
       The conference agreement does not include section 705 of 
     the House bill prohibiting use of funds unless in accordance 
     with Presidential Memorandum--Federal Fleet Performance (May 
     24, 2011).
       The conference agreement does not include section 706 of 
     the House bill prohibiting use of funds in contravention of 
     section 44917 of 49 USC (pertaining to Federal Air Marshals).
       The conference agreement does not include section 707 of 
     the House bill prohibiting use of funds for the DHS Climate 
     Change Adaptation Task Force.
       The conference agreement does not include section 710 of 
     the House bill prohibiting use of funds in contravention of 
     section 236(c) of the Immigration and Nationality Act.
       The conference agreement does not include section 711 of 
     the House bill prohibiting use of funds for any political 
     appointee to delay, vacate, or reverse a FOIA decision by a 
     Privacy Office employee.
       The conference agreement does not include section 712 of 
     the House bill prohibiting use of funds to implement a 
     determination regarding transportation security officers and 
     collective bargaining.
       The conference agreement does not include section 713 of 
     the House bill prohibiting use of funds to implement any 
     rule, regulation, or executive order regarding disclosure of 
     political contributions.

[[Page H9553]]

       The conference agreement does not include section 714 of 
     the House bill limiting TSA Aviation Security funding for 
     screener personnel, compensation, and benefits.

                       CONFERENCE RECOMMENDATIONS

       The conference agreement's detailed funding 
     recommendations, specified by program, project, and activity 
     level, are contained in the table listed below.

[[Page H9554]]

     [GRAPHIC] [TIFF OMITTED] TH15DE11.304
     


[[Page H9555]]

     [GRAPHIC] [TIFF OMITTED] TH15DE11.305
     


[[Page H9556]]

     [GRAPHIC] [TIFF OMITTED] TH15DE11.306
     


[[Page H9557]]

     [GRAPHIC] [TIFF OMITTED] TH15DE11.307
     


[[Page H9558]]

     [GRAPHIC] [TIFF OMITTED] TH15DE11.308
     


[[Page H9559]]

     [GRAPHIC] [TIFF OMITTED] TH15DE11.309
     


[[Page H9560]]

     [GRAPHIC] [TIFF OMITTED] TH15DE11.310
     


[[Page H9561]]

     [GRAPHIC] [TIFF OMITTED] TH15DE11.311
     


[[Page H9562]]

     [GRAPHIC] [TIFF OMITTED] TH15DE11.312
     


[[Page H9563]]

     [GRAPHIC] [TIFF OMITTED] TH15DE11.313
     


[[Page H9564]]

     [GRAPHIC] [TIFF OMITTED] TH15DE11.314
     


[[Page H9565]]

     [GRAPHIC] [TIFF OMITTED] TH15DE11.315
     


[[Page H9566]]

     [GRAPHIC] [TIFF OMITTED] TH15DE11.316
     


[[Page H9567]]

     [GRAPHIC] [TIFF OMITTED] TH15DE11.317
     


[[Page H9568]]

     [GRAPHIC] [TIFF OMITTED] TH15DE11.318
     


[[Page H9569]]

     [GRAPHIC] [TIFF OMITTED] TH15DE11.319
     


[[Page H9570]]

     [GRAPHIC] [TIFF OMITTED] TH15DE11.320
     


[[Page H9571]]

     [GRAPHIC] [TIFF OMITTED] TH15DE11.321
     


[[Page H9572]]

     [GRAPHIC] [TIFF OMITTED] TH15DE11.322
     


[[Page H9573]]

     [GRAPHIC] [TIFF OMITTED] TH15DE11.323
     


[[Page H9574]]

     [GRAPHIC] [TIFF OMITTED] TH15DE11.324
     


[[Page H9575]]

     [GRAPHIC] [TIFF OMITTED] TH15DE11.325
     


[[Page H9576]]

     [GRAPHIC] [TIFF OMITTED] TH15DE11.326
     


[[Page H9577]]

     [GRAPHIC] [TIFF OMITTED] TH15DE11.327
     


[[Page H9578]]

     [GRAPHIC] [TIFF OMITTED] TH15DE11.328
     


[[Page H9579]]

     [GRAPHIC] [TIFF OMITTED] TH15DE11.329
     


[[Page H9580]]

     [GRAPHIC] [TIFF OMITTED] TH15DE11.330
     


[[Page H9581]]

     [GRAPHIC] [TIFF OMITTED] TH15DE11.331
     


[[Page H9582]]

     [GRAPHIC] [TIFF OMITTED] TH15DE11.332
     


[[Page H9583]]

     [GRAPHIC] [TIFF OMITTED] TH15DE11.333
     


[[Page H9584]]

     [GRAPHIC] [TIFF OMITTED] TH15DE11.334
     


[[Page H9585]]

     [GRAPHIC] [TIFF OMITTED] TH15DE11.335
     


[[Page H9586]]

     [GRAPHIC] [TIFF OMITTED] TH15DE11.336
     


[[Page H9587]]

     [GRAPHIC] [TIFF OMITTED] TH15DE11.337
     


[[Page H9588]]

     [GRAPHIC] [TIFF OMITTED] TH15DE11.338
     


[[Page H9589]]

     [GRAPHIC] [TIFF OMITTED] TH15DE11.339
     


[[Page H9590]]

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

       The following statement is an explanation of the effects of 
     Division E, which makes appropriations for the Department of 
     the Interior, the Environmental Protection Agency (EPA), the 
     Forest Service, the Indian Health Service, and related 
     agencies for fiscal year 2012. Language contained in House 
     Report 112-151 providing specific guidance to agencies 
     regarding the administration of appropriated funds and any 
     corresponding reporting requirements carries the same 
     emphasis as the language included in this explanatory 
     statement and should be complied with unless specifically 
     addressed to the contrary herein.
       In instances where the House report speaks more broadly to 
     policy issues or offers views that are subject to 
     interpretation, such views remain those of the House and do 
     not reflect the views of the conferees unless otherwise 
     repeated in this statement. In cases where the House report 
     or the statement of managers directs the submission of a 
     report, such report is to be submitted to both the House and 
     Senate Committees on Appropriations. Where this explanatory 
     statement refers to the Committees or the Committees on 
     Appropriations, unless otherwise noted, this reference is to 
     the House Subcommittee on Interior, Environment and Related 
     Agencies and the Senate Subcommittee on Interior, Environment 
     and Related Agencies.
       The conferees expect that each department and agency funded 
     in this Act will follow the directions set forth in this Act 
     and the accompanying statement, and will not reallocate 
     resources or reorganize activities except as provided herein 
     or otherwise approved by the Committees through the 
     reprogramming process as described in this report. Funding 
     levels for appropriations by account, program, and activity, 
     with comparisons to the fiscal year 2011 enacted level and 
     the fiscal year 2012 budget request, can be found in the 
     table at the end of this division.
       Unless expressly stated otherwise, any reference to ``this 
     Act'' or ``at the end of this statement'' shall be treated as 
     referring only to the provisions of this division.
       OVERSIGHT--The EPA, Forest Service, and Department of the 
     Interior are directed to report to the Committee no later 
     than 60 days following enactment of this Act on steps taken 
     to address management weaknesses and implement reforms 
     identified by the Government Accountability Office (GAO) and 
     each agency's IG during House oversight hearings held on 
     March 1, 2011 (Department of the Interior); March 2, 2011 
     (EPA); and March 10, 2011 (U.S. Forest Service).
       Making Litigation Costs Transparent--The EPA, Forest 
     Service, and Department of the Interior are directed to 
     provide to the House and Senate Committees on Appropriations, 
     and make publicly available no later than 60 days after 
     enactment, detailed Equal Access to Justice Act (EAJA) fee 
     information as specified in House Report 112-151.
       Reprogramming Guidelines--The following are the procedures 
     governing reprogramming actions for programs and activities 
     funded in the Department of the Interior, Environment and 
     Related Agencies Appropriations Act.
       Definitions.--``Reprogramming,'' as defined in these 
     procedures, includes the reallocation of funds from one 
     budget activity, budget line-item or program area, to another 
     within any appropriation funded in this Act. In cases where 
     the House Committee report displays an allocation of an 
     appropriation below that level, that more detailed level 
     shall be the basis for reprogramming.
       For construction, land acquisition, and forest legacy 
     accounts, a reprogramming constitutes the reallocation of 
     funds, including unobligated balances, from one construction, 
     land acquisition, or forest legacy project to another such 
     project.
       A reprogramming shall also consist of any significant 
     departure from the program described in the agency's budget 
     justifications. This includes proposed reorganizations, 
     especially those of significant national or regional 
     importance, even without a change in funding. Any change to 
     the organization table presented in the budget justification 
     shall be subject to this requirement.
       General Guidelines for Reprogramming.--
       (a) A reprogramming should be made only when an unforeseen 
     situation arises, and then only if postponement of the 
     project or the activity until the next appropriation year 
     would result in actual loss or damage.
       (b) Any project or activity, which may be deferred through 
     reprogramming, shall not later be accomplished by means of 
     further reprogramming, but instead, funds should again be 
     sought for the deferred project or activity through the 
     regular appropriations process.
       (c) Except under the most urgent situations, reprogramming 
     should not be employed to initiate new programs or increase 
     allocations specifically denied or limited by Congress, or to 
     decrease allocations specifically increased by the Congress.
       (d) Reprogramming proposals submitted to the House and 
     Senate Committees on Appropriations for approval shall be 
     considered approved 30 calendar days after receipt if the 
     Committees have posed no objection. However, agencies will be 
     expected to extend the approval deadline if specifically 
     requested by either Committee.
       Criteria and Exceptions.--A reprogramming must be submitted 
     to the Committees in writing prior to implementation if it 
     exceeds $1,000,000 annually or results in an increase or 
     decrease of more than 10 percent annually in affected 
     programs, with the following exceptions:
       (a) With regard to the tribal priority allocations of the 
     Bureau of Indian Affairs, there is no restriction on 
     reprogrammings among these programs. However, the Bureau 
     shall report on all reprogrammings made during a given fiscal 
     year no later than 60 days after the end of the fiscal year.
       (b) With regard to the EPA, State and Tribal Assistance 
     Grants account, the Committee does not require reprogramming 
     requests associated with States and Tribes Partnership 
     Grants.
       Assessments.--``Assessment'' as defined in these procedures 
     shall refer to any charges, reserves, or holdbacks applied to 
     a budget activity or budget line item for costs associated 
     with general agency administrative costs, overhead costs, 
     working capital expenses, or contingencies.
       (a) No assessment shall be levied against any program, 
     budget activity, sub-activity, budget line item, or project 
     funded by the Interior, Environment, and Related Agencies 
     Appropriations Act unless such assessment and the basis 
     therefore are presented to the Committees on Appropriations 
     in the budget justifications and are subsequently approved by 
     the Committees. The explanation for any assessment in the 
     budget justification shall show the amount of the assessment, 
     the activities assessed, and the purpose of the funds.
       (b) Proposed changes to estimated assessments, as such 
     estimates were presented in annual budget justifications, 
     shall be submitted through the reprogramming process and 
     shall be subject to the same dollar and reporting criteria as 
     any other reprogramming.
       (c) The conferees direct that each agency or bureau which 
     utilizes assessments shall submit an annual report to the 
     Committees which provides details on the use of all funds 
     assessed from any other budget activity, line item, sub-
     activity, or project.
       (d) In no case shall contingency funds or assessments be 
     used to finance projects and activities disapproved or 
     limited by Congress, or to finance programs or activities 
     that could be foreseen and included in the normal budget 
     review process.
       (e) New programs requested in the budget should not be 
     initiated before enactment of the bill without notification 
     to, and the approval of, the Committees on Appropriations. 
     This restriction applies to all such actions regardless of 
     whether a formal reprogramming of funds is required to begin 
     the program.
       Quarterly Reports.--All reprogrammings between budget 
     activities, budget line-items, program areas, or the more 
     detailed activity levels shown in the Statement of the 
     Managers, including those below the monetary thresholds 
     established above, shall be reported to the Committees within 
     60 days of the end of each quarter and shall include 
     cumulative totals for each budget activity, budget line item, 
     or construction, land acquisition, or forest legacy project.
       Land Acquisitions, Easements, and Forest Legacy.--Lands 
     shall not be acquired for more than the approved appraised 
     value (as addressed in section 301(3) of Public Law 91-646), 
     unless such acquisitions are submitted to the Committees on 
     Appropriations for approval in compliance with these 
     procedures.
       Land Exchanges.--Land exchanges, wherein the estimated 
     value of the Federal lands to be exchanged is greater than 
     $1,000,000, shall not be consummated until the Committees 
     have had a 30-day period in which to examine the proposed 
     exchange. In addition, the Committees shall be provided 
     advance notification of exchanges valued between $500,000 and 
     $1,000,000.
       Budget Structure.--The budget activity or line item 
     structure for any agency appropriation account shall not be 
     altered without advance approval of the House and Senate 
     Committees on Appropriations.

                  TITLE I--DEPARTMENT OF THE INTERIOR

                       BUREAU OF LAND MANAGEMENT

                   MANAGEMENT OF LANDS AND RESOURCES

       The bill provides $961,900,000 for Management of Lands and 
     Resources. The conferees also provide the following 
     directions:
       Wild Horse and Burro Management.--The bill provides 
     $75,008,000 for wild horse and burro management. The Bureau 
     of Land Management is encouraged to take all necessary steps 
     to keep costs under control for this program.
       Range Management.--The bill increases funding to address 
     numerous challenges including completion of grazing permit 
     renewals; hiring of seasonal employees to ensure timely turn-
     out of livestock; annual and trend monitoring of grazing 
     allotments; and improving the quality of Bureau work on 
     environmental and other documents related to livestock 
     grazing, among other range management activities.
       Native Plant Program.--The conferees are supportive of the 
     Bureau of Land Management's existing plant conservation and 
     native plant materials program and expect the Bureau to 
     continue to support a robust program through resources 
     provided under various accounts, including land management, 
     wildlife management and threatened/endangered species.
       Wildlife and Fisheries.--Funding is included throughout 
     Bureau of Land Management line items for sage grouse habitat 
     monitoring and updating Resource Management Plans to

[[Page H9591]]

     conserve the sage grouse. The Bureau should prioritize 
     research related to White Nose Syndrome in bats and the 
     inventory and monitoring of bat resources on Bureau-
     administered lands.
       Energy and Minerals.--The conferees are concerned by rising 
     energy prices and believe domestic energy production must 
     increase while also being mindful of the environment and 
     other competing land uses. To better track royalty payments, 
     the Department should consider integrating systems that would 
     allow for remote monitoring and third party verification of 
     Bureau production. The conferees recommend that the Bureau of 
     Land Management continue its policy of keeping renewable 
     energy projects off lands that were donated for conservation 
     regardless of deed status.
       Resource Protection and Maintenance.--The bill provides 
     $101,707,000 for resource protection and maintenance. Within 
     resource management planning, the Bureau should allocate at 
     least $5,000,000 toward revisions of the Resource Management 
     Plans that contain sage grouse habitat.
       In coordination with the Desert Renewable Energy 
     Conservation Plan process, the Secretary is instructed to 
     complete a report evaluating the possible Solar Energy Study 
     Areas in the West Mojave that respect designated off-road 
     vehicle routes and provide the report to the Committee on 
     Appropriations within ninety days of enactment of this Act.
       In the case of any land exchange involving public land 
     carried out directly or through a third-party, the Bureau of 
     Land Management is directed to provide written notice of the 
     proposed land exchange to each owner of non-Federal land 
     adjoining a parcel of public land proposed for exchange and 
     each owner of non-Federal land adjoining the non-Federal land 
     proposed to be acquired in the exchange. The Secretary shall 
     determine adjoining landowners using the most recent 
     available tax records.

                              CONSTRUCTION

       The bill provides $3,576,000 for Construction of which 
     $2,019,000 is for line item projects. The amount provided 
     will fully fund construction projects as prioritized by the 
     Bureau pursuant to the Administration's revised request list 
     provided to the Committees on June 24, 2011. Requests for 
     reprogramming will be considered pursuant to the guidelines 
     in the front of this statement.

                            LAND ACQUISITION

       The bill provides $22,380,000 for Land Acquisition, of 
     which $1,880,000 is for Acquisition Management; $1,500,000 is 
     for Inholdings, Emergencies, and Hardships; and $19,000,000 
     is for Acquisitions.
       This amount will fully fund projects 1 through 5 as 
     prioritized by the Bureau pursuant to the Administration's 
     revised request list provided to the Committees on June 24, 
     2011. Requests for reprogramming will be considered pursuant 
     to the guidelines in the front of this statement.


                   OREGON AND CALIFORNIA GRANT LANDS

       The bill provides $112,043,000 for Oregon and California 
     Grant Lands.


                           RANGE IMPROVEMENTS

       The bill provides $10,000,000 to be derived from public 
     lands receipts and Bankhead-Jones Farm Tenant Act lands 
     grazing receipts.


               SERVICE CHARGES, DEPOSITS, AND FORFEITURES

       The bill provides an indefinite appropriation estimated to 
     be $32,125,000 for Service Charges, Deposits, and 
     Forfeitures.


                       MISCELLANEOUS TRUST FUNDS

       The bill provides an indefinite appropriation estimated to 
     be $19,700,000 for Miscellaneous Trust Funds.


                       ADMINISTRATIVE PROVISIONS

       The bill includes the administrative provisions as proposed 
     by the conferees.


                UNITED STATES FISH AND WILDLIFE SERVICE

                          RESOURCE MANAGEMENT

       The bill provides $1,228,142,000 for Resource Management. 
     The detailed allocation of funding by activity and program 
     element is included in the table at the end of this 
     statement. The conferees have assumed administrative savings 
     proposed in the budget request but have not provided 
     requested funding increases for fixed costs or general 
     program increases. In addition to the guidance and reporting 
     requirements included in the House report, as noted in the 
     front of this joint explanatory statement, the conference 
     agreement includes the following directions:
       Ecosystem Initiatives.--The conferees are aware that the 
     budget request includes new funding for a number of regional 
     restoration initiatives, including the Chesapeake Bay, Gulf 
     Coast, Bay Delta, and the Everglades. Due to funding 
     limitations, the conferees are not able to include new 
     funding for these initiatives within the program levels 
     below. However, subject to reprogramming limitations, the 
     conferees do not object to these initiatives being funded 
     within the levels provided if the Service is able to identify 
     funding offsets from lower priority items.
       Endangered Species.--The bill includes $176,237,000 for 
     Endangered Species. Listing and Critical Habitat is funded at 
     the fiscal year 2011 enacted level of $20,902,000; however, 
     the conferees have agreed to combine the funding for 
     activities within this program element in order to provide 
     the Service with additional flexibility to target funding to 
     its highest priorities. Consultation and HCPs are funded at 
     $61,041,000, of which $2,000,000 is for renewable energy as 
     requested. Recovery is funded at $82,939,000, of which 
     $2,000,000 is for the declining species initiative instead of 
     the requested $4,000,000.
       The conferees direct the Service to fund white nose 
     syndrome research and response activities at no less than 
     $4,000,000 from within Recovery. Funds should be used to: (1) 
     increase research capacity to fund basic and applied research 
     to stop the spread of the disease; (2) provide funding for 
     States to implement response activities; and (3) increase FWS 
     capacity for surveillance, monitoring and coordination 
     activities. The conferees expect these activities to be 
     coordinated with other Federal partners.
       The conferees direct the Service to provide $1,000,000 from 
     within Recovery to reinstate a livestock loss demonstration 
     program as authorized by Public Law 111-11. States with de-
     listed wolf populations shall continue to be eligible for 
     funding, provided that those States continue to meet the 
     eligibility criteria contained in Public Law 111-11.
       The conferees recommend that the Service and Federal action 
     agencies take into account economic impacts when formulating 
     actions and conducting all section 7 consultations pursuant 
     to the Santa Ana Sucker Critical Habitat designation, to the 
     extent authorized under the Endangered Species Act. The 
     economic impacts to be considered by the Service and Federal 
     action agencies should include the costs of local water 
     supply development and imported water costs, infrastructure 
     needs, water conservation efforts, and efforts to increase 
     employment in the region affected by the Santa Ana Sucker 
     Critical Habitat designation.
       The conferees are concerned that the Service's region 6 has 
     a backlog of Endangered Species Act section 7 consultations 
     on long term planning documents to assess grizzly bears, bull 
     trout and their habitats. The conferees urge the Service to 
     assign appropriate resources and staff, including filling any 
     current vacancies, to support timely completion of those 
     consultations.
       Northern Rocky Mountain Multispecies Conservation 
     Agreements Initiative.--The conferees recommend that the Fish 
     and Wildlife Service convene a regional policy coordination 
     and outreach effort to improve upon and increase the use of 
     Endangered Species Act conservation agreements between the 
     agency, the States, and private landowners. Nearly two-thirds 
     of the nation's land is privately owned, and the Service 
     cannot accomplish its conservation goals without the help of 
     private landowners. Conservation agreements between non-
     Federal landowners and the Service help to conserve listed or 
     at-risk species while offering a level of protection from 
     certain Endangered Species Act actions. The conferees 
     recognize the challenges that private landowners often face 
     when confronted with working with a Federal regulatory agency 
     such as the Service, and believe that the States can play a 
     strong intermediary role. The conferees recommend that the 
     Service work with the northern Rocky Mountain States and a 
     diverse coalition of private landowners to find innovative, 
     multispecies, multi-partner approaches to utilizing 
     conservation agreements that simplify the process for private 
     landowners; that empower the States to work directly with 
     private landowners to set up the agreements; and that 
     recognize the Service's final authority. The conferees 
     request that the States and the coalition report to the 
     Committees with recommendations as to how to improve upon and 
     increase the use of conservation agreements.
       Habitat Conservation.--The bill provides $110,814,000 for 
     Habitat Conservation. Partners for Fish and Wildlife is 
     funded at $54,856,000, of which $6,000,000 is for the climate 
     change initiative instead of the requested $8,000,000. 
     Conservation Planning Assistance is funded at $35,837,000, of 
     which $2,000,000 is for renewable energy as requested.
       In carrying out its renewable energy consultations, the 
     conferees direct the Service to continue coordinating with 
     other agencies within the Department of the Interior, as well 
     as with the Department of Commerce, Department of Energy, and 
     other Federal and State agencies, to ensure that the 
     investments support the further development of the renewable 
     energy industry, including the creation of an offshore wind 
     manufacturing industry and related jobs in the United States.
       The conferees support the Secretary's decision to establish 
     an office that will be focused on Endangered Species Act 
     compliance for renewable energy projects. In order to 
     facilitate better species protection and stewardship of 
     public resources, the conferees expect that this office will 
     develop permitting policies that make it less difficult and 
     time-consuming to permit projects on disturbed private 
     lands than on pristine public lands. The conferees are 
     aware that the Service has begun work on a rule under 
     section 4(d) of the Endangered Species Act to address this 
     concern, but the Service has not yet released a draft. The 
     conferees expect the Service to publish its draft and 
     final rules to address this issue during fiscal year 2012. 
     The conferees are aware that the Service is exploring 
     opportunities to expedite the permitting of renewable 
     energy projects and support efforts by the Service to 
     establish a pilot fee program using the Service's existing 
     authorities. The Service is expected to provide a report 
     within 120 days of enactment of this Act that details how 
     and where the Service plans to institute fees in fiscal 
     year 2012 to improve program delivery and customer 
     service.
       National Wildlife Refuge System.--The bill includes 
     $486,469,000 for the National Wildlife

[[Page H9592]]

     Refuge System. Wildlife and Habitat Management is funded at 
     $223,797,000, of which $1,000,000 is for a pilot program to 
     eradicate feral swine on national wildlife refuges; and 
     $20,000,000 is for climate change inventory and monitoring, 
     as requested. Conservation Planning is funded at $11,723,000, 
     which is an increase of $3,440,000 above the request in order 
     to maintain funding for land protection planning within this 
     program element instead of within Land Acquisition, as was 
     proposed.
       The conferees are concerned about particular restrictions 
     on overnight houseboat accommodations at concessionaire-
     operated marinas. In keeping with Executive Order 12866, the 
     conferees direct the Service to carefully consider the impact 
     to concessionaires of such operational changes.
       The conferees are aware of local concerns regarding the 
     implementation of certain management activities on the 
     Willapa National Wildlife Refuge and direct the Service to 
     postpone the implementation of those sections of the Final 
     Comprehensive Conservation Plan and Environmental Impact 
     Statement for the refuge that deal with the removal of the 
     dikes at the Porter Point Unit, Reikkola Unit, and Lewis Unit 
     of the refuge until at least April 1, 2012, in order to give 
     the Service more time to work with stakeholders to address 
     the concerns.
       Migratory Birds, Law Enforcement and International 
     Conservation.--The bill includes $126,769,000 for Migratory 
     Birds, Law Enforcement, and International Conservation. 
     Migratory Bird Management is funded at $51,535,000, which 
     includes a decrease of $1,366,000 from the request for the 
     North American Waterfowl Management Plan and a general 
     program decrease of $1,522,000.
       Fisheries and Aquatic Resource Conservation.--The bill 
     includes $135,534,000 for Fisheries and Aquatic Resource 
     Conservation. National Fish Hatchery System Operations is 
     funded at $46,149,000. The conferees have restored the 
     proposed $3,388,000 shortfall in the budget for mitigation 
     hatchery operations and critical supplies. An additional 
     $3,800,000 is appropriated elsewhere in this consolidated Act 
     for the U.S. Army Corps of Engineers to reimburse the 
     Service. Together, these amounts fully fund mitigation 
     hatcheries operated by the Service for the Corps, Tennessee 
     Valley Authority, Bureau of Reclamation's Central Utah 
     Project and the Bonneville Power Administration. The 
     conferees support efforts by the Service to recover costs of 
     programs that are conducted to mitigate the environmental 
     effects of other Federal partners. However, future budget 
     requests must ensure that Federal partners have committed to 
     make sufficient funding available to reimburse the Service 
     before the Service proposes to eliminate funding for 
     mitigation hatcheries so that operations at these hatcheries 
     are not disrupted.
       Aquatic Habitat and Species Conservation is funded at 
     $71,325,000. The bill includes $1,000,000 towards the 
     implementation of mandatory operational inspection and 
     decontamination stations at Federally-managed or 
     interjurisdictional water bodies considered to be of highest 
     risk, as called for in the February 2010 Quagga-Zebra Mussel 
     Action Plan for Western U.S. Waters. An additional $1,000,000 
     is included to continue and expand funding for the control 
     and eradication of zebra and quagga mussels and other aquatic 
     invasive species, including funding for State aquatic 
     invasive species management plans. Also included is a 
     $2,000,000 increase above the fiscal year 2011 enacted level 
     for Asian carp monitoring and eradication activities.
       Cooperative Landscape Conservation and Adaptive Science.--
     The bill includes $32,250,000 for Cooperative Landscape 
     Conservation and Adaptive Science. The conferees recognize 
     that fish and wildlife conservation organizations are facing 
     increasingly complex ecological and fiscal challenges that 
     require resource threats to be addressed in a more efficient 
     and effective way. In light of these challenges, the Service 
     has established a network of Landscape Conservation 
     Cooperatives (LCCs) with other Federal, State, local and 
     tribal partners to better leverage conservation resources and 
     better prioritize and coordinate research and program 
     delivery. The conferees support these efforts but also expect 
     the Service to establish clear goals, objectives and 
     measurable outcomes for LCCs that can be used as benchmarks 
     of success of the program. Further, the conferees direct the 
     Service to clearly articulate how it plans to integrate its 
     LCCs with other successful regional partnerships, including 
     its Joint Ventures and Fish Habitat Partnerships programs, as 
     well as with other Federal and non-Federal partners, 
     including the U.S. Geological Survey's regional Climate 
     Science Centers, the Cooperative Fish and Wildlife Research 
     Units, and the Cooperative Ecosystem Studies Units.
       Bill Language.--The bill includes language to cap 
     expenditures at $7,472,000 for critical habitat designations; 
     $1,500,000 for listing species that are indigenous to the 
     United States; and $1,500,000 for listing foreign species. 
     The bill includes language providing for fiscal year 2012 and 
     hereafter: $400,000 for certain law enforcement activities; 
     and $1,000,000 for certain environmental contaminant 
     activities.


                              CONSTRUCTION

       The bill includes $23,088,000 for Construction, as 
     requested, of which $12,149,000 is for line item projects. 
     The amount provided will fully fund the projects as 
     prioritized by the Service pursuant to the Administration's 
     revised request list provided to the Committees on June 24, 
     2011. Requests for reprogramming will be considered pursuant 
     to the guidelines in the front of this statement.


                            LAND ACQUISITION

       The bill provides $54,720,000 for Land Acquisition. The 
     conference agreement includes $5,000,000 for the Highlands 
     Conservation Act; $10,555,000 for Acquisition Management; 
     $2,000,000 for User Pay Cost Share; $2,500,000 for exchanges; 
     $4,500,000 for Inholdings, Emergencies, and Hardships; and 
     $30,165,000 for Acquisitions. The conferees have rejected the 
     proposal to transfer land protection planning funds from the 
     Resource Management account.
       The amount provided for Acquisitions will fully fund 
     projects 1 through 13 as prioritized by the Service pursuant 
     to the Administration's revised request list provided to the 
     Committees on June 24, 2011. Requests for reprogramming will 
     be considered pursuant to the guidelines in the front of this 
     statement.
       The Secretaries of the Interior and Agriculture are 
     directed to report to the Committees on Appropriations within 
     180 days of enactment of this Act on potential exchange 
     proposals for approximately 1,700 acres currently managed by 
     the U.S. Fish and Wildlife Service and generally depicted on 
     a map titled ``The Sharkey Restoration Research Site, Delta 
     NF,'' for lands of equal or approximate value managed by the 
     U.S. Forest Service in Mississippi.
       Bill Language.--The bill includes language allowing the 
     Service to fund limited administrative costs for the 
     Highlands Conservation Act program administration. Also 
     included is language providing that no funds appropriated for 
     specific projects may be used for overhead, planning or other 
     management costs.


            COOPERATIVE ENDANGERED SPECIES CONSERVATION FUND

       The bill provides $47,757,000 for the Cooperative 
     Endangered Species Conservation Fund. The detailed allocation 
     of funding by activity is included in the table at the end of 
     this statement.
       Bill Language.--The bill includes language deriving 
     $22,757,000 from the Cooperative Endangered Species 
     Conservation Fund and $25,000,000 from the Land and Water 
     Conservation Fund.


                     NATIONAL WILDLIFE REFUGE FUND

       The bill provides $13,980,000 for payments to counties 
     authorized by the National Wildlife Refuge Fund.


               NORTH AMERICAN WETLANDS CONSERVATION FUND

       The bill provides $35,554,000 for the North American 
     Wetlands Conservation Fund.


                NEOTROPICAL MIGRATORY BIRD CONSERVATION

       The bill provides $3,792,000 for Neotropical Migratory Bird 
     Conservation.


                MULTINATIONAL SPECIES CONSERVATION FUND

       The bill provides $9,481,000 for the Multinational Species 
     Conservation Fund. The detailed allocation of funding by 
     activity is included in the table at the end of this 
     statement.


                    STATE AND TRIBAL WILDLIFE GRANTS

       The bill provides $61,421,000 for State and Tribal Wildlife 
     Grants, of which $51,405,000 is for State formula grants, 
     $5,741,000 is for State competitive grants, and $4,275,000 is 
     for tribal competitive grants. The Service is directed to 
     report to the Committees within 90 days of enactment of this 
     Act on the amounts of unobligated and reapportioned funds, by 
     State and Territory, for fiscal years 2008, 2009, and 2010. 
     The conferees encourage the Service and the program partners 
     to complete the Wildlife TRACS database so that the program 
     can better demonstrate its ability to prevent at-risk species 
     from having to be listed under the Endangered Species Act.
       Bill Language.--The bill includes language requiring a 25 
     percent non-Federal cost share for planning grants and a 35 
     percent non-Federal cost share for implementation grants. 
     Bill language is included allowing unobligated balances to be 
     reapportioned.


                         NATIONAL PARK SERVICE

                 OPERATION OF THE NATIONAL PARK SYSTEM

       The bill provides $2,240,152,000 for the Operation of the 
     National Park System account.
       Civil War Sesquicentennial.--In observances marking the 
     150th anniversary of the Civil War, the Service is urged to 
     recognize the historic, social, legal, racial, cultural and 
     political forces that caused the Civil War and influenced its 
     course and outcomes.
       Technical Assistance.--The Service is encouraged to support 
     the effort of NPS retirees to provide volunteer technical 
     assistance to national parks in other countries.
       Historic Leases.--The Service is encouraged to pursue the 
     use of cost-effective, innovative solutions like historic 
     leases when practical and when the arrangement comports with 
     a park unit's enabling legislation.
       Flight 93 Memorial.--The conferees remain firmly committed 
     to the timely completion of the Flight 93 Memorial and direct 
     the Service to devote the resources necessary to properly 
     archive, maintain, and preserve the invaluable collections, 
     including 50,000 personal tributes and 2,000 hours of audio 
     interviews, associated with this memorial.
       National Capitol Area Performing Arts Program.--The 
     conferees direct the Service to maintain funding for the 
     National Capital Area Performing Arts Program and have 
     included $612,000 for the summer concert series staged on the 
     U.S. Capitol grounds.

[[Page H9593]]

       Cuyahoga Valley National Park.--The Service is encouraged 
     to continue its work with surrounding communities to support 
     the local road systems and establish maintenance priorities.
       Statue of Liberty and Martin Luther King, Jr. Memorial and 
     Visitor Center.--The conferees have provided an increase of 
     $1,100,000 million as requested within Park Protection for 
     additional Park Police protection at the Statue of Liberty 
     and Martin Luther King, Jr. Memorial.
       Sequoia National Park.--The conference agreement does not 
     include report language contained in the House report nor 
     bill language proposed by the Senate directing the Department 
     of the Interior to report on the methodology used in 
     calculating hydropower fees on National Park Service lands. 
     The conferees understand that this issue has been settled and 
     the need for the report no longer exists.
       Delaware Water Gap National Recreation Area and Middle 
     Delaware National Scenic and Recreational River, Appalachian 
     National Scenic Trail.--The conferees are concerned about 
     delays in completing an Environmental Impact Statement (EIS) 
     announced by the National Park Service and the Department of 
     the Interior regarding improvement of electric transmission 
     lines partially lying within the boundaries of the Delaware 
     Water Gap National Recreation Area. The National Park Service 
     and the Department are directed to adhere to the previously 
     announced schedule and publish a final Record of Decision 
     (ROD) by October of 2012.
       Historic Properties.--The conferees are concerned that a 
     proposal to remove the Fresnel lens currently installed at 
     the Block Island Southeast Lighthouse in Rhode Island will 
     have an adverse impact on this historic property. As such, 
     the conferees direct the Service to report to and consult 
     with the Committees on Appropriations prior to facilitating 
     the transfer of the lens or accepting the lens for display at 
     any unit within the System.
       Point Reyes National Seashore.--The conferees are aware 
     that the Service will shortly be issuing a Draft 
     Environmental Impact Statement (DEIS) regarding a possible 
     10-year extension for oyster operations at Point Reyes 
     National Seashore. Because of concerns relating to the 
     validity of the science underlying the DEIS, the conferees 
     direct the National Academy of Sciences to assess the data, 
     analysis, and conclusions in the DEIS in order to ensure 
     there is a solid scientific foundation for the Final 
     Environmental Impact Statement expected in mid-2012.


                  NATIONAL RECREATION AND PRESERVATION

       The bill provides $59,975,000 for the National Recreation 
     and Preservation account with the following specific 
     directive:
       Heritage Partnership Program.--The bill provides an 
     increase of $8,408,000 above the request to maintain funding 
     at the fiscal year 2011 enacted level.


                       HISTORIC PRESERVATION FUND

       The bill provides $56,000,000 for the Historic Preservation 
     Fund account with the following specific directive:
       State and Tribal Historic Preservation Offices.--The bill 
     provides $47,000,000 for State Historic Preservation Offices 
     and $9,000,000 for Tribal Historic Preservation Offices.


                              CONSTRUCTION

                    (INCLUDING RESCISSION OF FUNDS)

       The bill provides $159,621,000 for the Construction 
     account.
       Line Item Construction. The bill provides $77,847,000 in 
     funding for line item construction projects. The amount 
     provided will fully fund NPS construction projects as 
     prioritized by the Service pursuant to the Administration's 
     revised request list provided to the Committees on June 24, 
     2011. Requests for reprogramming will be considered pursuant 
     to the guidelines in the front of this statement.
       Washington Monument Stabilization and Repair, National 
     Capital Region.--The bill provides a total of $7,500,000 for 
     the stabilization and repair of the Washington Monument. The 
     conferees understand these funds will be matched on a 1:1 
     basis by a private citizen. The conferees have also included 
     language allowing the National Park Service to enter into a 
     single procurement for repairs to the Washington Monument.
       Special Resource Studies.--The conferees urge the Service 
     to complete previously authorized studies before initiating 
     any new studies.


             LAND AND WATER CONSERVATION FUND (RESCISSION)

       The bill rescinds $30,000,000, as in previous years, in 
     annual contract authority. There are no plans to use this 
     authority in fiscal year 2012.


                 LAND ACQUISITION AND STATE ASSISTANCE

       The bill provides $102,060,000 for Land Acquisition and 
     State Assistance, of which $9,000,000 is for the American 
     Battlefield Protection Program; $9,500,000 is for Acquisition 
     Management; $5,000,000 is for Inholdings and Exchanges; 
     $3,000,000 is for Emergencies and Hardships; and $30,560,000 
     is for Federal Acquisitions. The State Assistance Grant 
     Program is funded at $45,000,000, of which $2,794,000 is for 
     Administrative Expenses.
       The amount provided for Federal Acquisitions will fully 
     fund the first two projects as prioritized by the Service 
     pursuant to the Administration's revised request list 
     provided to the Committees on June 24, 2011. Requests for 
     reprogramming will be considered pursuant to the guidelines 
     in the front of this statement.


                    UNITED STATES GEOLOGICAL SURVEY

                 SURVEYS, INVESTIGATIONS, AND RESEARCH

       The bill provides $1,069,744,000 for Surveys, 
     Investigations, and Research of the U.S. Geological Survey. 
     The detailed allocation of funding by activity and sub-
     activity is included in the table at the end of this 
     statement and comports with the requested budget structure 
     realignment. Unless otherwise indicated below, the conferees 
     have accepted the proposals for reductions resulting from 
     Department-wide efficiencies, administrative savings, and 
     Enterprise Publishing Network savings. A decrease of 
     $2,172,000 to the request has been assumed to reflect changes 
     in the final fiscal year 2011 operating plan, which was not 
     available at the time the request was submitted. Support for 
     ecosystem restoration activities throughout the Survey's 
     programs is maintained at the fiscal year 2011 enacted level. 
     Additional changes to the request are specified below.
       Ecosystems.--The bill provides $161,536,000 for Ecosystems 
     activities. Increases above the enacted level include 
     $1,500,000 for The Chesapeake Bay Executive Order and 
     $2,500,000 for the Great Lakes Asian Carp Control Framework. 
     The conferees support the President's budget proposal to 
     conduct an in-depth analysis of the extent and sources of 
     endocrine disrupting chemicals impacting fish and wildlife in 
     the Chesapeake basin.
       Climate and Land Use Change.--The bill provides 
     $144,320,000 for Climate and Land Use Change programs. Within 
     Climate Variability, changes to the request include decreases 
     of $2,000,000 from Research and Development, and $6,460,000 
     from Science Support for DOI Bureaus. Carbon Sequestration is 
     funded at $9,000,000.
       Within Land Use Change, an increase of $11,500,000 is 
     provided to complete funding for Landsat 8 ground operations 
     development. The conferees have not agreed with the proposal 
     to create a separate ``Land Imaging'' account and have 
     instead maintained funding for all satellite operations 
     within this subactivity. Estimated administrative savings 
     assumed in the proposed new account have been assumed within 
     the Land Use Change account instead.
       The conferees have not agreed to transfer budgetary 
     authority for the launch of Landsat satellites 9 and 10 from 
     the National Aeronautics and Space Administration to the 
     Survey. Of the requested $48,000,000 increase for its 
     implementation, the conferees have provided $2,000,000 for 
     program development only. The conferees note that future 
     requests for the project are estimated by the Administration 
     to escalate to over $400,000,000 by fiscal year 2014. There 
     is little doubt that resources will not be available within 
     the Interior Appropriations bill to support these very large 
     increases without decimating all other Survey programs. The 
     conferees note that the launch of Landsat 9 is not scheduled 
     until 2018. This allows time in the year ahead for all 
     interested parties to re-examine how to proceed with future 
     Landsat missions. In the conferees' view this would be a 
     prudent step, inasmuch as the current budget proposal is 
     based on a report from the Office of Science and Technology 
     Policy issued in 2008, and both technological advances and a 
     vastly different economic environment may point to other, 
     less costly, options for obtaining Landsat data.
       Energy, Minerals, and Environmental Health.--The bill 
     provides $96,368,000 for Energy, Minerals, and Environmental 
     Health. The following amounts have been restored to ongoing 
     programs that were proposed to be reduced in the request: 
     $250,000 for the Minerals External Research Program; 
     $5,000,000 for Minerals Resources; $1,000,000 for Energy 
     Resources; $500,000 for Contaminants; and $2,500,000 for 
     Toxic Substances Hydrology. An increase of $1,000,000 is 
     provided for the New Energy Frontier initiative.
       Natural Hazards.--The bill provides $134,696,000 for 
     Natural Hazards. The conferees have not agreed to proposed 
     reductions in the request and have restored funds to the 
     following programs: $2,000,000 for Earthquake Grants; 
     $1,800,000 for the 2012 Multi-Hazards Initiative; and 
     $1,500,000 for the National Volcano Early Warning System. 
     Decreases from the request include $800,000 from the 2011 
     Multi-Hazards Initiative, and $3,000,000 from Coastal and 
     Marine Spatial Planning.
       Water Resources.--The bill provides $214,996,000 for Water 
     Resources. Funding has been restored for the following 
     programs that were proposed to be reduced in the request: 
     $2,000,000 for Groundwater Resources; $6,049,000 for the 
     National Water Quality Assessment Program; $1,963,000 for the 
     Cooperative Water Program; and $6,500,000 for the Water 
     Resources Research Act Program. A program increase of 
     $2,846,000 above the request is provided for the National 
     Streamflow Information Program. Decreases from the request 
     include $2,500,000 from the WaterSMART initiative within 
     Hydrologic Networks and Analysis. The conferees encourage the 
     Survey to include with its fiscal year 2013 budget request a 
     proposal to establish a national groundwater monitoring 
     network as authorized by the Secure Water Act.
       Core Science Systems.--The bill provides $106,849,000 for 
     Core Science Systems. Increases to the request include 
     $998,000 for the National Geological and Geophysical Data 
     Preservation Program to continue funding at the current year 
     enacted level, and $1,500,000 for National Cooperative 
     Geologic Mapping

[[Page H9594]]

     Federal and State Partnerships to partially restore the 
     proposed reduction to that program. Decreases from the 
     request include $500,000 from WaterSMART.
       Administration and Enterprise Information.--The bill 
     provides $110,397,000 for Administration and Enterprise 
     Information. There is a decrease from the request of 
     $5,920,000 for separation costs. This amount is significantly 
     below what the Survey would need to implement its proposed 
     reduction in force. If a similar plan is put forward in 
     future budget requests, the conferees expect that sufficient 
     funds will be requested for its implementation.
       Facilities.--The bill provides $100,582,000 for Facilities. 
     The conferees do not agree with the administration's proposal 
     to create a separate ``Construction'' line item within the 
     budget and consequently have maintained those funds within 
     the ``Deferred Maintenance and Capital Improvement'' 
     subactivity. In the conferees' view, the Survey has the 
     authorities it requires to manage its facilities and space 
     requirements within the current structure.


       BUREAU OF OCEAN ENERGY MANAGEMENT OCEAN ENERGY MANAGEMENT

       The bill provides $59,792,000 for Ocean Energy Management 
     to be partially offset with the collection of offsetting 
     rental receipts and cost recovery fees totaling $101,082,000. 
     This new account funds the activities of the Bureau of Ocean 
     Energy Management, including leasing, environmental studies, 
     economic analysis and the Renewable Energy Program. The 
     conferees also provide the following directions:
       Renewable Energy.--The bill provides $22,697,000 for 
     renewable energy leasing activities, including program 
     development, environmental analysis, consultation with 
     Federal, State, and local stakeholders, and development of a 
     multipurpose marine cadastre. The Director should work with 
     the Secretary of Energy and States to exchange information 
     about the development of new technology related to the 
     structural material, environmental, and design safety 
     criteria, as well as design and performance standards, of 
     transitional depth and floating wind turbines. The Bureau is 
     expected to continue working with coastal states and other 
     stakeholders to study new wind energy areas, including in 
     shallow, transitional, and deep (over 200 feet) waters.
       Conventional Energy.--The bill provides $47,283,000 for 
     conventional oil and gas leasing activities, including 
     planning of the Five-year Oil and Gas Leasing Program, 
     surveying Outer Continental Shelf boundaries, implementing 
     the lease sale process, administering leases, and reviewing 
     exploration and development plans.
       Environmental Assessment--The bill provides $62,041,000 for 
     environmental assessment activities.
       The Bureau is encouraged to continue its efforts in working 
     with partners to collect information about methane hydrates 
     on the sea floor and the relationships between gas hydrates 
     and episodes of sediment instability that may pose a threat 
     to the petroleum industry's infrastructure and safety of 
     operations.
       Bill Language.--The bill includes in Title IV a general 
     provision that amends Sec. 328 of the Clean Air Act (42 
     U.S.C. 7627(a)(1)) to transfer air quality permitting 
     authority, as of the date of enactment of this Act, from the 
     Environmental Protection Agency to the Department of the 
     Interior, giving regulatory parity for the Beaufort and 
     Chukchi Sea planning areas with the Western and Central Gulf 
     of Mexico planning areas. Paragraph (c) ensures that this 
     change in the issuance and administration of air quality 
     requirements will not invalidate or stay any permit, or 
     proceeding related thereto, which is existing or pending as 
     of the date of enactment of this Act.


  BUREAU OF SAFETY AND ENVIRONMENTAL ENFORCEMENT OFFSHORE SAFETY AND 
                       ENVIRONMENTAL ENFORCEMENT

       The bill provides $61,473,000 for Offshore Safety and 
     Environmental Enforcement to be partially offset with the 
     collection of offsetting rental receipts, cost recovery fees 
     and inspection fees totaling $121,081,000. The conferees also 
     provide the following directions:
       Funding has been increased with the expectation that much-
     needed inspectors and engineers will be hired and that 
     permits will be processed expeditiously. The highest priority 
     for BSEE with the funding appropriated is ensuring safety and 
     prompt consideration of permits. Appropriated dollars should 
     not be used for expanding regulation of non-lease holders, 
     with the exception of those involved in the Deepwater Horizon 
     accident, unless approved through reprogramming pursuant to 
     the guidelines in the front of this statement.
       Environmental Enforcement.--The bill provides $4,110,000 
     for environmental enforcement actions, as requested. 
     Activities include environmental compliance activities 
     related to issuing permits associated with plans, inspections 
     of environmental measures and enforcement of incidences of 
     noncompliance, and monitoring industry compliance with 
     mitigation and other environmental requirements through 
     office and field inspections. With the additional resources 
     provided, applications for permits to drill should be 
     processed with all due speed.
       Operations, Safety, and Regulation.--The bill provides 
     $132,139,000 for operations, safety, and regulation.
       Inspection Fees.--The bill includes in Title IV a general 
     provision that provides for the collection of $62,000,000 in 
     inspection fees.
       Bill Language.--The bill includes new language requiring 
     that at least fifty percent of collected inspection fees are 
     dedicated to mission related costs including the review of 
     applications for permits to drill.
       The report requested in House Report 112-151 on Deepwater 
     Horizon recommendations is no longer required.


                           OIL SPILL RESEARCH

       The bill provides $14,923,000 for Oil Spill Research.

          OFFICE OF SURFACE MINING RECLAMATION AND ENFORCEMENT


                       REGULATION AND TECHNOLOGY

       The bill provides $122,950,000 for Regulation and 
     Technology. Within this amount, the bill funds regulatory 
     grants at $68,700,000, equal to the fiscal year 2011 enacted 
     level. The conferees find the proposal to reduce regulatory 
     grants would undermine the State-based regulatory system. It 
     is imperative that States continue to operate protective 
     regulatory programs as delegation of authority to the States 
     is the cornerstone of the surface mining regulatory program. 
     Further, the conference agreement does not provide funds to 
     expand and enhance Federal oversight activities of State 
     programs.
       On October 26, 2011 the Secretary of the Interior issued an 
     order to consolidate the Office of Surface Mining (OSM) 
     within the Bureau of Land Management (BLM). The conferees are 
     deeply concerned about the lack of coordination and 
     consultation prior to the issuance of this order. 
     Subsequently, the Department of the Interior initiated 
     discussions with employees, Members of Congress, and 
     stakeholders. Significant issues have been identified with 
     this proposed reorganization, including questions of the 
     wisdom of attempting to combine statutorily created agencies 
     that have responsibilities in law that cannot be combined 
     with or transferred to another agency. The conferees are 
     aware that on November 28, 2011, the Secretary suspended the 
     effective date of his directive in order to gather further 
     information on this potential restructuring. The conferees 
     expect the Department to enhance its consultation and 
     coordination with employees, Members of Congress and 
     stakeholders on this matter and to consult with the 
     appropriate committees of jurisdiction before any final 
     decisions are made.

                    ABANDONED MINE RECLAMATION FUND

       The bill provides $27,443,000 for the Abandoned Mine 
     Reclamation Fund.

        BUREAU OF INDIAN AFFAIRS AND BUREAU OF INDIAN EDUCATION

                      Operation of Indian Programs


                     (INCLUDING TRANSFER OF FUNDS)

       The bill provides $2,371,532,000 for the Operation of 
     Indian Programs. The detailed allocation of funding by 
     program area and activity is included in the table at the end 
     of the statement. Specific changes to the request and 
     direction are the following:
       Tribal Government.--The bill provides $520,163,000 for 
     Tribal Government. Contract Support Costs are funded at the 
     fiscal year 2011 enacted level of $219,560,000. Small and 
     Needy Tribes are funded at $1,950,000.
       Human Services.--The bill provides $136,579,000 for Human 
     Services. Social Services are funded at $34,379,000.
       Trust--Natural Resources Management.--The bill provides 
     $157,496,000 for Trust--Natural Resources Management. Rights 
     Protection Implementation is funded at $29,022,000, and the 
     Tribal Management/Development Program is funded at 
     $7,717,000; increases to the fiscal year 2011 enacted level 
     should be distributed proportionally across all program 
     elements within these two subactivities. Forestry is funded 
     at $43,644,000. Water Resources is funded at $10,150,000. 
     Fish, Wildlife, and Parks is funded at $11,340,000.
       Trust--Real Estate Services.--The bill provides 
     $126,963,000 for Trust--Real Estate Services. Trust 
     Services--General is funded at $11,000,000. The increase 
     above the request is for continued implementation of the 
     Klamath Basin Restoration Agreement.
       Education.--The bill provides $796,753,000 for Education. 
     Elementary and Secondary Programs (Forward Funded) are funded 
     at $523,083,000, of which $391,333,000 is for ISEP Formula 
     Funds; $5,286,000 is for ISEP Program Adjustments; 
     $12,051,000 is for Education Program Enhancements; 
     $52,716,000 is for Student Transportation; $15,370,000 is for 
     Early Childhood Development; and $46,327,000 is for 
     Administrative Cost Grants. Post-Secondary Programs (Forward 
     Funded) are funded at $67,401,000. Post-Secondary Programs 
     are funded at $61,533,000, of which $18,527,000 is for 
     Haskell and SIPI--an increase of $1,153,000 over the request 
     that is to be divided proportionally between the two schools.
       Public Safety and Justice.--The bill provides $346,778,000 
     for Public Safety and Justice, an increase of $12,688,000 
     above the fiscal year 2011 enacted level. Law Enforcement is 
     funded at $322,460,000, of which $185,315,000 is for Criminal 
     Investigations and Police Services; and $81,941,000 is for 
     Detention/Corrections. The requested increase for 
     Conservation Law Enforcement is not agreed to.
       Indian Employment, Training and Related Services.--The bill 
     does not include section 430 of the House bill pertaining to 
     Indian employment, training, and related services pursuant to 
     Public Law 102-477. This provision was intended to block the 
     Administration from continuing with new, unauthorized and 
     retroactive policies which run counter to

[[Page H9595]]

     how ``477'' funds have been transferred to tribal governments 
     and how funds have been audited since the program's inception 
     19 years ago. The conferees have dropped this provision in 
     order to give the Administration time to honor its recent 
     commitments to suspend new policies while working with Tribes 
     to find alternative solutions.
       The conferees understand that recent Administration 
     commitments to the Tribes and the Congress include but are 
     not limited to the following: that it has engaged the Tribes 
     in a new consultative process to address agency and tribal 
     concerns; that it has halted any effort to alter the manner 
     and conditions under which ``477'' funds have historically 
     been transferred to Tribes; that it has indefinitely 
     suspended its 2009 supplemental audit requirements for any 
     ``477'' program audits, covering fiscal years 2009 through 
     2012, that were not completed on or before September 30, 
     2011; and that annual ``477'' program audits will continue to 
     comply with the Single Audit Act of 1984.
       The conferees expect the Administration to consult with 
     Tribes on a government-to-government basis, and to only 
     proceed with improvements that reflect general consensus 
     among the impacted Tribes and agencies. The P.L. 102-477 
     Tribal Work Group shall be consulted on the precise content 
     of all guidance documents and similar issuances prior to 
     their finalization. The House and Senate Appropriations 
     Committees will be closely monitoring the progress of the 
     consultation process, and will expect regular updates from 
     the Administration. If issues concerning the transfer and 
     audit of ``477'' funds are not permanently resolved 
     administratively, the Committees intend to address this issue 
     in the fiscal year 2013 process.
       Other Matters.--The conferees are aware of a lack of local 
     support for two recent off-reservation gaming projects in 
     Yuba, California, and Madera, California, which received 
     Secretarial Determinations on September 1, 2010. The 
     evidentiary record provided by the Bureau of Indian Affairs 
     indicates that only two of the 33 elected officials or bodies 
     that were consulted on these projects expressed support for 
     them. The conferees are also concerned that in one case, the 
     Department appears to have largely ignored a popular vote 
     which indicated a majority of the county was opposed to the 
     construction of a casino on the site which was approved by 
     the Department. Therefore, the conferees direct the Secretary 
     to review these applications to verify the claim of ``strong 
     local support'' and report those findings to the Committees 
     within 60 days of enactment of this Act.

                              CONSTRUCTION


                     (INCLUDING TRANSFER OF FUNDS)

       The bill provides $123,828,000 for Construction. The 
     detailed allocation of funding by program area and activity 
     is included in the table at the end of the statement. 
     Specific changes to the request are the following:
       Education.--The bill provides $70,940,000 for Education. 
     Replacement Schools are funded at $17,836,000, which funds 
     the next school on the 2004 priority list. Facilities 
     Improvement and Repair is funded at $48,669,000.

 INDIAN LAND AND WATER CLAIM SETTLEMENTS AND MISCELLANEOUS PAYMENTS TO 
                                INDIANS

       The bill provides $32,855,000 for Indian Land and Water 
     Claim Settlements and Miscellaneous Payments to Indians, as 
     requested. The detailed allocation of funding by subactivity 
     and program element is included in the table at the end of 
     the statement.

                 INDIAN GUARANTEED LOAN PROGRAM ACCOUNT

       The bill provides $7,114,000 for the Indian Guaranteed Loan 
     Program Account, an increase of $4,000,000 above the request. 
     The conferees are aware that there is strong interest among 
     tribally owned construction contractors to have the Bureau of 
     Indian Affairs offer supplemental surety bond guarantees in 
     an effort to increase economic opportunity in Indian county, 
     particularly in the construction trades. In an effort to 
     begin to respond to this interest, the conferees request that 
     the Bureau present a plan within 90 days of enactment of this 
     Act detailing the need for such supplemental surety bond 
     guarantees, how the Bureau would implement such a program, 
     whether or not the Bureau currently has the personnel to 
     implement such authorities, and an analysis of how much 
     additional activity would be generated through the offering 
     of supplemental surety bond guarantees.

                          DEPARTMENTAL OFFICES

                        Office of the Secretary


                        Departmental Operations

       The bill provides $262,317,000 for Departmental Offices, 
     Office of the Secretary, Departmental operations.
       The bill includes the proposed restructuring of 
     Departmental Offices, reflecting the incorporation of the 
     Office of Natural Resources Revenue (ONRR) and alignment of 
     the budget with the Department's organization. The increase 
     over the fiscal year 2011 enacted level reflects the move of 
     the ONRR from the former Minerals Management Service. The 
     conferees direct the Department to continue providing the 
     Committees with the level of budget detail that has 
     historically been provided (at the office level). Further, 
     the Department is directed to provide to the Committees 
     within 120 days of enactment of this Act a report on the 
     organization, funding, staffing, and status of reforms with 
     the ONRR.
       The conferees direct the Department to work collaboratively 
     with interested parties, including the Congress, States, 
     local communities, Tribal governments and others in making 
     national monument designations.

                            INSULAR AFFAIRS


                       ASSISTANCE TO TERRITORIES

       The bill provides $87,997,000 for Assistance to 
     Territories. Within that amount, the bill provides the 
     requested increase for staffing, which shall be used by the 
     Department to fill positions at current Office of Insular 
     Affairs locations rather than at a new location as proposed 
     in the request. At least one of the positions shall be 
     dedicated to working on Compact impact issues as detailed 
     below. Within the resources provided, the conferees urge the 
     Secretary to fill the current staffing vacancy in the 
     Federated States of Micronesia.
       The bill includes $3,000,000 for insular community 
     infrastructure improvements including $791,000 for water 
     infrastructure projects and $2,209,000 for the Empowering 
     Insular Communities initiative. That amount includes the 
     proposed funding levels for Guam infrastructure and 
     $1,089,000 for sustainable energy strategies projects that 
     will reduce the islands' over-dependence on imported oil and 
     high electricity prices. Projects shall be chosen based on 
     plans specific to each jurisdiction and which are developed 
     and approved in conjunction with the Department of Energy and 
     island stakeholders, with priority given to energy efficiency 
     projects that result in immediate energy savings. The 
     Department is directed to report annually to Congress on the 
     status of activities funded under this program, including 
     data on oil savings and utility rates.
       The bill also provides $5,000,000 to fund discretionary 
     grants to jurisdictions that are affected by Compact 
     migration, as authorized by section 104(e) of Public Law 108-
     188. The Department shall allocate these grants in 
     conjunction with other currently authorized mandatory grants 
     to help offset educational costs incurred by these 
     jurisdictions. The Department is directed to follow the 
     guidance detailed in Senate Report 112-74 related to the 
     Compact of Free Association agreements with the governments 
     of the Federated States of Micronesia [FSM], the Republic of 
     the Marshall Islands [RMI], and the Republic of Palau. The 
     Department shall also meet regularly with officials from the 
     Freely Associated States, other Federal agencies and affected 
     jurisdictions, and develop and implement a comprehensive plan 
     to mitigate the costs of Compact migration within 90 days of 
     enactment of this Act. This plan shall establish specific 
     goals and action items that include: (1) expanding the 
     education of migrants and potential migrants in order to 
     reinforce that the primary purpose of the Compact migration 
     benefit is to provide educational and employment 
     opportunities to FAS citizens, not for migrants to develop an 
     over-reliance on public services; (2) improving FAS capacity 
     to provide dialysis and other medical services to prevent 
     citizens from needing to seek treatment abroad; and (3) 
     improving screening procedures to identify and restrict 
     migration of individuals who have communicable diseases or 
     who have been convicted of serious crimes. The Department 
     is directed to monitor the progress of meeting these goals 
     and action items and report to Congress every 6 months. 
     The Department is also directed to ensure that the new 
     position dedicated to Compact impact issues will work 
     closely with officials of Compact nations, other Federal 
     areas and affected areas to implement Compact impact 
     priorities identified in the plan detailed above.
       The conferees urge the Department to continue funding for 
     the Commonwealth of the Northern Marianas Islands Initiative 
     on Labor, Immigration and Law Enforcement at no less than the 
     enacted level.

                      COMPACT OF FREE ASSOCIATION

       The bill provides $17,318,000 which includes $3,318,000 for 
     obligations related to the Compact of Free Association. The 
     conferees have also included language in the Title I general 
     provisions section to extend the eligibility for the Republic 
     of Palau to receive Federal aid while a new Compact of Free 
     Association is enacted by Congress. The amount provided is 
     equal to the fiscal year 2011 appropriation.

                       ADMINISTRATIVE PROVISIONS


                     (INCLUDING TRANSFER OF FUNDS)

       The bill does not include the requested language that would 
     provide the Secretary with new authority to redistribute 
     capital improvement funds in fiscal year 2012. The conferees 
     are similarly focused on the slow spending rates in the 
     territories and urge all territories to increase expenditure 
     of previously awarded funds. The conferees intend to revisit 
     the issue in fiscal year 2013 if expenditure rates have not 
     substantially increased.

                        OFFICE OF THE SOLICITOR


                         SALARIES AND EXPENSES

       The bill provides $66,296,000 for the Office of the 
     Solicitor, including the requested increase for the 
     Department's ethics office.

                      OFFICE OF INSPECTOR GENERAL


                         SALARIES AND EXPENSES

       The bill provides $49,471,000 for the Office of Inspector 
     General. The detailed allocation of funding by program and 
     activity is included in the table at the end of the 
     statement.

[[Page H9596]]

           OFFICE OF THE SPECIAL TRUSTEE FOR AMERICAN INDIANS

                         Federal Trust Programs


                     (INCLUDING TRANSFER OF FUNDS)

       The bill provides $152,319,000 for the Office of the 
     Special Trustee for American Indians, as requested.
       Bill Language.--The bill includes language, as in previous 
     years, limiting the amount of funding that can be used for 
     historical accounting.

                        DEPARTMENT-WIDE PROGRAMS

                        Wildland Fire Management


             (INCLUDING TRANSFERS AND RESCISSION OF FUNDS)

       The bill provides $566,495,000 for Department of the 
     Interior Wildland Fire Management. The Department is directed 
     to use $189,577,000 in carryover emergency fire suppression 
     funds before obligating fiscal year 2012 suppression funds. 
     The bill includes a rescission of $82,000,000 in suppression 
     carry-over funds. The amount provided, combined with 
     $92,000,000 in the FLAME Wildfire Suppression Reserve Fund, 
     fully funds the Department's 10-year average expenditure for 
     fire suppression. The bill also terminates the Rural Fire 
     Assistance program. The detailed allocation of funding for 
     these accounts is included in the table at the end of this 
     statement. The conferees also provide the following 
     directions:
       The Department is directed to complete an assessment of all 
     Department Wildland Fire programs to determine the most cost 
     effective and efficient means of providing comprehensive fire 
     management services in support of Department and bureau 
     missions and to better direct scarce resources from 
     duplicative administrative management organizations. As 
     provided in the House Report, the Department is directed to 
     report to the Committees on Appropriations no later than 180 
     days after enactment of this Act.
       The Department is directed to remove the requirement that 
     ninety percent of hazardous fuels funding be spent in the 
     Wildland Urban Interface and instead the conferees direct 
     hazardous fuels funding be spent on the highest priority 
     projects in the highest priority areas. The Department must 
     also work more closely with the Forest Service in developing 
     a strategy for the replacement of the current air tanker 
     fleet.
       To reduce the cost of fighting fires in Alaska caused by 
     transporting crews from the continental United States, the 
     Office of Wildland Fire Coordination and the Bureau of Land 
     Management are strongly encouraged to develop a program to 
     train crews in Alaska, particularly the existing native crews 
     that might not now be qualified as type I or type II wildland 
     firefighting crews.

                FLAME WILDFIRE SUPPRESSION RESERVE FUND


                     (INCLUDING TRANSFER OF FUNDS)

       The bill provides $92,000,000 for the FLAME Wildfire 
     Suppression Reserve Fund.

                    CENTRAL HAZARDOUS MATERIALS FUND

       The bill provides $10,149,000 for the Central Hazardous 
     Materials Fund.

           NATURAL RESOURCE DAMAGE ASSESSMENT AND RESTORATION


                NATURAL RESOURCE DAMAGE ASSESSMENT FUND

       The bill provides $6,263,000 for the Natural Resource 
     Damage Assessment Fund. The detailed allocation of funding by 
     activity is included in the table at the end of this 
     statement. The conferees are aware that the program is 
     conducting an internal review of the status of restoration 
     funds and options for enhanced implementation of restoration 
     projects. The conferees direct the program to report back to 
     the Committees upon completion of this review.

                          WORKING CAPITAL FUND

       The bill provides $62,019,000 for the Department of the 
     Interior, Working Capital Fund. The conferees have included 
     $52,019,000 for the Financial and Business Management System 
     (FBMS). The bill also provides $5,000,000 as requested to 
     support the Department's ongoing IT transformation. Further, 
     the bill provides $2,500,000 for the Department's effort to 
     identify operating efficiencies and achieve savings across 
     bureaus through consolidation of services, facilities, and 
     infrastructure. Lastly, the bill provides $2,500,000 for 
     training, recruitment, retention, and hiring of the 
     acquisition workforce.

             GENERAL PROVISIONS, DEPARTMENT OF THE INTERIOR


                     (INCLUDING TRANSFERS OF FUNDS)

       The conferees have included various legislative provisions 
     affecting the Department in Title I of the bill, ``General 
     Provisions, Department of the Interior''. Several of these 
     provisions have been carried in previous years and others are 
     newly proposed this year. The provisions are:
       Section 101 provides Secretarial authority for the intra-
     bureau transfer of program funds for expenditures in cases of 
     emergencies when all other emergency funds are exhausted.
       Section 102 provides for the Department-wide expenditure or 
     transfer of funds by the Secretary in the event of actual or 
     potential emergencies including forest fires, range fires, 
     earthquakes, floods, volcanic eruptions, storms, oil spills, 
     grasshopper and Mormon cricket outbreaks, and surface mine 
     reclamation emergencies.
       Section 103 provides for the use of appropriated funds by 
     the Secretary for contracts, rental cars and aircraft, 
     telephone expenses, and other certain services.
       Section 104 provides for the transfer of funds from the 
     Bureau of Indian Affairs or the Office of Special Trustee for 
     American Indians.
       Section 105 permits the redistribution of tribal priority 
     allocation and tribal base funds to alleviate funding 
     inequities.
       Section 106 permits the Secretary to pay private attorney 
     fees for employees and former employees in connection with 
     Cobell v. Salazar.
       Section 107 provides authority to the National Park Service 
     to implement modifications to restoration efforts of the 
     Everglades ecosystem.
       Section 108 authorizes the acquisition of lands for the 
     purpose of operating and maintaining facilities that support 
     visitors to Ellis, Governors, and Liberty Islands.
       Section 109 establishes Outer Continental Shelf inspection 
     fees to be collected by the Secretary of the Interior.
       Section 110 authorizes the Bureau of Land Management to 
     establish an oil and gas Internet leasing program.
       Section 111 extends the authority of the Department to hire 
     Indian probate judges.
       Section 112 authorizes the Secretary of the Interior to 
     implement the reorganization of the Bureau of Ocean Energy 
     Management, Regulation and Enforcement in conformance with 
     Committee reprogramming guidelines.
       Section 113 allows the Bureau of Indian Education to 
     utilize funds recovered from grants or ISDA contracts to 
     Tribes upon re-assumption of school operations by the Bureau.
       Section 114 provides the Secretary of the Interior with 
     authority to enter into multi-year cooperative agreements 
     with non-profit organizations for long-term care of wild 
     horses and burros.
       Section 115 provides the Secretary of the Interior 
     statutory authority to enter into rental or lease agreements 
     that benefit Bureau of Indian Education operated schools.
       Section 116 extends for one year existing authority of the 
     Department of the Interior to efficiently manage construction 
     and land acquisition projects.
       Section 117 addresses the U.S. Fish and Wildlife Service's 
     responsibilities for mass marking of salmonid stocks.
       Section 118 directs the Secretary of the Interior to make 
     certain certifications with respect to existing rights of 
     way. The section also retains a provision limiting funding 
     for a proposal to approve specified rights-of-way on the 
     Mojave National Preserve or lands managed by the Needles 
     Field Office of the Bureau of Land Management.
       Section 119 address a matter of jurisdiction between the 
     National Park Service and the Coast Guard relating to boater 
     safety checks on the Yukon River within the Yukon-Charley 
     National Preserve.
       Section 120 extends authorization for certain payments to 
     the Republic of Palau for fiscal year 2012.
       Section 121 provides the Secretary of the Interior certain 
     hiring authorities.
       Section 122 addresses BLM actions regarding grazing on 
     public lands.
       Section 123 provides for the trailing of livestock across 
     public lands through fiscal year 2013.
       Section 124 allows the Department of the Interior to lease 
     certain lands within Fort Pulaski National Monument.
       Section 125 continues a provision prohibiting funds to 
     implement, administer, or enforce Secretarial Order 3310 
     issued by the Secretary of the Interior on December 22, 2010.

                                TITLE II

                    Environmental Protection Agency

       Budget Restructuring.--The conferees note that the Agency 
     has proposed major changes to its budget structure in order 
     to better align program goals and outcomes. The conferees 
     have accepted the proposed budget restructuring, as reflected 
     in the program levels below.
       Congressional Budget Justification.--In addition to the 
     three directives provided in the fiscal year 2010 House 
     report 111-80, the conferees direct the Agency to include in 
     future Justifications: a comprehensive, detailed explanation 
     of all changes within a program project; a table showing 
     consolidations, realignments or other transfers of resources 
     and personnel from one program project to another such that 
     the outgoing and receiving program projects offset and 
     clearly illustrate a transfer of resources; and, a table 
     listing the budgets and FTE by major office within each 
     National Program Management area with pay/non-pay breakouts. 
     The conferees note that the Congressional Justification 
     includes the bill language for each account. The conferees 
     direct the Agency to highlight and explain any changes to the 
     proposed bill language in the Congressional Justification.
       Reprogramming.--The Agency is held to the reprogramming 
     limitation of $1,000,000 and should continue to follow the 
     reprogramming directives as provided in the fiscal year 2010 
     House report 111-80. Further, the Agency may not use any 
     amount of deobligated funds to initiate a new program, 
     office, or initiative, without the prior approval of the 
     Committees. The conferees note that the Agency's 
     reprogramming procedures allow the Agency to seek funding to 
     implement its highest-priority items if it identifies 
     offsetting funding reductions during the fiscal year, 
     provided those offsets are not taken from program increases 
     that have specifically been provided herein.

[[Page H9597]]

       Within 30 days of enactment of this Act, the Agency is 
     directed to submit to the House and Senate Committees on 
     Appropriations its annual operating plan for FY 2012, which 
     shall include detail on how the Agency plans to allocate 
     funds at the program project level.

                         SCIENCE AND TECHNOLOGY

       The bill provides $795,000,000 for Science and Technology 
     programs and transfers $23,016,000 from the Hazardous 
     Substance Superfund account to this account. The bill 
     provides the following specific funding levels and direction:
       Clean Air and Climate.--The bill provides $124,576,000 
     which includes a $1,000,000 increase for the fuel standards 
     program.
       Operations and Administration.--The bill provides 
     $72,137,000 for Operations and Administration.
       Research: Air, Climate, and Energy.--The bill provides 
     $99,000,000. Within the amount provided, the bill includes 
     $78,649,000 for Research: Clear Air, $18,305,000 for 
     Research: Global Change and, $2,047,000 for Research: Air, 
     Climate, and Energy (Other). The bill does not provide the 
     requested $3,000,000 increase for air toxics monitors.
       Research: Chemical Safety and Sustainability.--The bill 
     provides $131,498,000 for Research: Chemical Safety and 
     Sustainability. No new funds have been provided for the 
     requested green chemistry or e-waste initiatives.
       Research: National Priorities.--The bill provides 
     $5,000,000 which shall be used for extramural research grants 
     to fund high-priority water quality and availability research 
     by not-for-profit organizations who often partner with the 
     Agency. Funds shall be awarded competitively with priority 
     given to partners proposing research of national scope and 
     who provide a 10 percent match, which may include in-kind 
     contributions. The Agency is directed to allocate funds to 
     grantees within 180 days of enactment of this Act.
       Research: Safe and Sustainable Water Resources.--The bill 
     provides $113,654,000. Within the amount provided, the 
     hydraulic fracturing study is funded at the requested amount, 
     and $8,500,000 is provided for green infrastructure research.
       Research: Sustainable and Healthy Communities.--The bill 
     provides $171,026,000, as requested. The conferees note that 
     $2,000,000 has been provided within this amount as requested 
     to fund a long-term evaluation of the Agency's laboratory 
     network to ensure that the current organization matches the 
     Agency's strategic needs. The conferees continue to support 
     the Agency's space strategy efforts, including those options 
     that could lead to further efficiencies and potential 
     reductions to the Agency's real property footprint. The 
     conferees encourage the Office of Research and Development 
     (ORD) to institute efficiency improvements that will result 
     in long term savings using the amounts provided.
       Additional Guidance.--The conferees include the following 
     additional guidance with respect to funding provided under 
     this account:
       Biocrude Research.--The conferees encourage the Agency to 
     work with its university partners to research the potential 
     for producing biocrude from wastewater treatment plants that 
     allow the production of renewable fuels through traditional 
     petroleum refining techniques.
       Integrated Risk Information System (IRIS).--In lieu of the 
     directives contained in H. Rept. 112-151 regarding the 
     Integrated Risk Information System, the conferees agree to 
     the following:
       (1) Fundamental improvements to the policies and practices 
     of this program are necessary to ensure that IRIS assessments 
     reflect the highest standard of scientific inquiry.
       (2) The Agency shall incorporate, as appropriate, based on 
     chemical-specific datasets and biological effects, the 
     recommendations of Chapter 7 of the National Research 
     Council's Review of the Environmental Protection Agency's 
     Draft IRIS Assessment of Formaldehyde into the IRIS process.
       (3) The Agency shall issue a progress report to House and 
     Senate Committees on Appropriations and relevant 
     Congressional authorizing committees no later than March 1, 
     2012, describing its implementation of the National Research 
     Council's Chapter 7 recommendations for ongoing and new 
     assessments.
       (4) For draft assessments released in fiscal year 2012, the 
     Agency shall include documentation describing how the Chapter 
     7 recommendations of the National Academy of Sciences (NAS) 
     have been implemented or addressed, including an explanation 
     for why certain recommendations were not incorporated.
       (5) The Agency shall contract with NAS to conduct up to 
     three reviews of IRIS assessments that EPA seeks to make 
     final. Reviews shall include an evaluation of whether the 
     recommendations it made in previous reviews, including in 
     Chapter 7 of the National Research Council's Review of the 
     Environmental Protection Agency's Draft IRIS Assessment of 
     Formaldehyde, have been implemented. Reviews are not intended 
     to unduly delay the Agency's risk assessment process. The 
     conferees further direct NAS to complete any reviews 
     authorized by this paragraph by no later than 18 months after 
     the date that EPA and the NAS have agreed to the terms of the 
     review. One of these NAS reviews shall be a study of the 
     cancer and non-cancer hazards from oral exposure to inorganic 
     arsenic. The NAS review of inorganic arsenic shall 
     incorporate the direction provided in House Report 112-151 
     regarding parameters of the study. Additional reviews will be 
     chosen by NAS from a representational sample of IRIS 
     assessments and NAS will notify Congress directly of these 
     choices.
       (6) Further, the conferees strongly believe any current and 
     future IRIS assessments must not only be grounded in sound, 
     objective, and peer-reviewed science and methodologies but 
     should also provide risk managers with realistic values that 
     will result in enhanced protection of human health.

                 ENVIRONMENTAL PROGRAMS AND MANAGEMENT

       The bill provides $2,682,514,000 for Environmental Programs 
     and Management and includes following specific funding levels 
     and direction:
       Brownfields.--The bill provides $23,680,000 and funds the 
     Smart Growth program as requested.
       Clean Air and Climate.--The bill provides $286,568,000. 
     Within this amount the bill provides $99,642,000 for the 
     Climate Protection Program.
       The conferees believe EPA may not rely on broad user fee 
     authority as the basis for charging Energy Star fees and 
     therefore lacks such authority. If EPA wishes to collect user 
     fees to offset the costs of the program, such fees should be 
     tied to increased performance or service-related goals, and 
     the Administration should send a legislative proposal to the 
     committees of jurisdiction for consideration in the same 
     manner as they have requested for the electronic manifest 
     system and pesticide user fees.
       The conferees note that the SmartWay transportation program 
     has successfully established a partnership among government, 
     businesses, and consumers to reduce fuel consumption and 
     improve air quality and supports a robust funding level.
       The bill provides $27,343,000 for Federal Stationary Source 
     Regulations. From within this amount, EPA is directed to 
     spend $5,412,000 on New Source Performance Standards. The 
     conferees note that the Administration delayed the issuance 
     of new Ozone NAAQS as urged by House Report 112-151.
       The bill provides $123,666,000 for Federal Support for Air 
     Quality Management. EPA is directed to spend $3,408,000 of 
     this amount on greenhouse gas permitting of stationary 
     sources. No new funds have been provided for requested 
     compliance monitoring activities.
       Lastly, the bill provides $5,578,000 for Stratospheric 
     Ozone. The conferees direct that $1,000,000 shall be for the 
     Sunwise program. Other than provided herein, the agreement 
     does not include further directives regarding allocation of 
     funds for Clean Air and Climate programs, but instead directs 
     the Agency to submit an allocation of funds at the program 
     project level as part of the operating plan.
       Enforcement.--The bill provides $249,965,000 for 
     enforcement activities, with funding for environmental 
     justice maintained at the fiscal year 2011 enacted level. The 
     agreement does not include further directives regarding 
     allocation of funds but instead directs the Agency to submit 
     an allocation of funds at the program project level as part 
     of the operating plan.
       Environmental Protection: National Priorities.--The bill 
     provides $15,000,000 for a competitive grant program to 
     provide rural and urban communities with technical assistance 
     to improve water quality and provide safe drinking water. EPA 
     shall award grants on a competitive basis and give priority 
     to not-for-profit organizations that: conduct activities that 
     are national in scope; can provide a 10 percent match, 
     including in-kind contributions; and are supported by a 
     majority of small community water systems, currently provide 
     multi-state regional technical assistance, or currently 
     provide assistance to private well owners. The Agency is 
     directed to allocate funds to grantees within 180 days of 
     enactment of this Act.
       Geographic Programs.--The bill provides $410,375,000, as 
     distributed in the table at the end of this division. No 
     funds have been provided for the proposed Mississippi River 
     program or to continue the Community Action for a Renewed 
     Environment program. The bill includes the following 
     direction:
       Great Lakes Restoration Initiative.--The bill provides 
     $300,000,000 and EPA shall follow the direction provided in 
     House Report 112-151 for fiscal year 2012. EPA may distribute 
     the funds provided among the five focus areas but shall not 
     spend less than the fiscal year 2011 enacted level for Toxic 
     Substances and Areas of Concern and for the Invasive Species 
     focus areas. The conferees direct the agency to provide a 
     revised spending plan for the Great Lakes program that 
     includes funding levels for the five focus areas at the same 
     time the Agency submits its operating plan. Once submitted, 
     changes to the funding amounts for the focus areas are 
     subject to a reprogramming threshold of $5,000,000, and the 
     Agency is further directed to report quarterly to the 
     Committees on Appropriations on changes below the threshold.
       Chesapeake Bay.--The conference agreement includes 
     $57,391,000 for the Chesapeake Bay program. Within the amount 
     provided, $8,000,000 is for nutrient and sediment removal 
     grants and $2,000,000 is for small watershed grants. The 
     conferees do not provide additional directives regarding the 
     allocation of funds for this program but instead direct the 
     Agency to report a proposed allocation of the remaining funds 
     as part of its operating plan. EPA is further directed to 
     support the local government study through the

[[Page H9598]]

     small watershed grant program as discussed in House Report 
     112-151.
       Puget Sound.--The bill provides $30,000,000 to manage and 
     implement Washington State's Puget Sound Action agenda, an 
     approved Comprehensive Conservation and Management Plan 
     (CCMP) under Section 320 of the Clean Water Act. The 
     conferees direct that funding to restore Puget Sound be 
     allocated consistent with the near-term priorities 
     established in the CCMP and the existing Lead Organization 
     and Tribal capacity agreements funded in prior years. EPA is 
     directed to expeditiously obligate funds, in a manner 
     consistent with the authority and responsibilities under 
     Section 320 and the National Estuary Program. Not more than 4 
     percent shall be used for EPA intramural costs to manage the 
     cooperative and interagency agreements to restore and protect 
     Puget Sound.
       Information Exchange.--The bill provides $130,896,000 for 
     the Information Exchange program. From within this amount, 
     $3,285,000 has been provided for the Administrator's 
     Immediate Office. Funding for Children and Other Sensitive 
     Populations and for Environmental Education programs shall be 
     maintained at the enacted level. The agreement does not 
     include further directives regarding allocation of funds or 
     FTE but instead directs the Agency to submit an allocation of 
     funds at the program project level as part of the operating 
     plan.
       International Programs.--The bill provides $17,632,000 for 
     international programs. The agreement does not include 
     further directives regarding allocation of funds but instead 
     directs the Agency to submit an allocation of funds at the 
     program project level as part of the operating plan.
       Legal/Science/Regulatory/Economic Review.--The bill 
     provides $110,946,000 and maintains the enacted level for the 
     SmartGrowth program. The bill provides no more than 
     $15,286,000 for Regulatory/Economic Management and Analysis. 
     The agreement does not include further directives regarding 
     allocation of funds but instead directs the Agency to submit 
     an allocation of funds at the program project level as part 
     of the operating plan.
       Operations and Administration.--The bill provides 
     $487,880,000, including requested funding for rent, security 
     and utilities. The agreement does not include further 
     directives regarding allocation of funds but instead directs 
     the Agency to submit an allocation of funds at the program 
     project level as part of the operating plan.
       Resource Conservation and Recovery Act.--The bill provides 
     $112,643,000 for the RCRA program. The bill does not provide 
     the $2,000,000 request to develop the e-manifest system 
     despite the conferees strong support for the establishment of 
     this system because EPA lacks the legal authority to collect 
     user fees to offset system costs as expressed in the House 
     report.
       Water: Ecosystems.--The bill provides $48,257,000 for 
     Water: Ecosystems. Within this amount the bill provides the 
     requested amount for the National Estuary Program and Section 
     320 grants. The bill provides $21,199,000 for the Wetlands 
     program and eliminates previously reprogrammed funds for work 
     on the Enhanced Coordination Procedures with the Army Corps 
     of Engineers, and the Office of Surface Mining. The conferees 
     have not included bill language addressing the enhanced 
     coordination procedures given the U.S. District Court's 
     recent ruling that set aside the procedures.
       Water: Human Health Protection.--The bill provides 
     $101,256,000 and directs the reduction below the fiscal year 
     2011 enacted level to the drinking water regulatory program. 
     The agreement does not include further directives regarding 
     allocation of funds but instead directs the Agency to submit 
     an allocation of funds at the program project level as part 
     of the operating plan.
       Water Quality Protection.--The bill provides $217,101,000, 
     of which up to $4,738,000 is for the urban waters program. 
     The agreement does not include further directives regarding 
     allocation of funds but instead directs the Agency to submit 
     an allocation of funds at the program project level as part 
     of the operating plan.
       Additional Guidance.--The conferees include the following 
     additional guidance with respect to funding provided under 
     this account:
       Administrator Priorities.--Funding for Administrator 
     priorities shall not exceed the fiscal year 2011 enacted 
     level. The conferees direct the Agency to submit a report 
     within 90 days of enactment that identifies how the fiscal 
     year 2010 and 2011 funding was used, by account, program area 
     and program project and include a description of the 
     activities and any anticipated results. Future congressional 
     justifications should identify funding in each program 
     project that has been set aside for Administrator priorities, 
     and include a justification for the effort and any 
     anticipated results.
       Arsenic Reporting.--Not later than 180 days after the date 
     of enactment of this Act, the Agency is directed to: (1) 
     promptly submit to Congress an overdue report--requested as 
     part of the Consolidated Appropriations Act, 2005 (P.L. 108-
     447)--on the extent to which communities are being affected 
     by the arsenic rule, and proposing compliance alternatives 
     and making recommendations to minimize costs; (2) convene a 
     working group composed of representatives from States, small 
     publicly owned water systems, local public health officials, 
     drinking water consumers and treatment manufacturers to 
     provide input and recommendations on barriers to the use of 
     point-of-use and point-of-entry treatment units, package 
     plants, (including water bottled by the public water system), 
     and modular units, as well as alternative affordability 
     criteria that give extra weight to small, rural, and lower 
     income communities, and (3) based upon input from the working 
     group submit to the Committees a report on actions to make 
     alternative compliance methods (such as point of use, point 
     of entry and package plants) more accessible to water systems 
     and a report on alternative affordability criteria.
       Boiler MACT.--The conferees are encouraged by the outcome 
     of EPA's reconsideration of the Boiler MACT rule and offer no 
     directives regarding Boiler MACT standards. The proposed rule 
     addresses substantive concerns by including additional 
     flexibility with respect to compliance costs, and a biomass 
     exemption.
       Eastern Long Island Sound Supplemental Environmental Impact 
     Study.--The conferees are concerned by the lack of progress 
     at the Agency in completing a Supplemental Environmental 
     Impact Statement for eastern Long Island Sound, which has 
     been slated since 2002 and is necessary to ensure that 
     significant military installations do not lose access to 
     dredged disposal sites. The conferees direct the Agency to 
     submit a report no later than 90 days after enactment of this 
     Act outlining its plan to carry out the Supplemental 
     Environmental Impact Statement for the eastern Long Island 
     Sound, including the possible use of existing appropriated 
     funds to begin the study. The conferees also urge the Agency 
     to work collaboratively with appropriate stakeholders, 
     including the Army Corps of Engineers and State partners, to 
     expeditiously determine a dredging solution for eastern Long 
     Island Sound.
       Economic Analysis of Reciprocating Engine Rule.--The 
     conferees are aware that EPA has initiated a reconsideration 
     process which the conferees expect will address the concerns 
     expressed in House Report 112-151. Amendments to the 
     reciprocating engine rule are expected in early 2012. 
     The conferees fully expect that EPA will include an 
     analysis of the economic impacts of the rule on small 
     government jurisdictions per the direction in the House 
     report. Therefore the bill does not provide a directive to 
     initiate a separate analysis of the economic impacts of 
     the rule on small government jurisdictions within 60 days 
     of enactment of this Act.
       Personnel and Full Time Equivalents.--While the statement 
     does not cap FTE levels for EPA, the conferees do not expect 
     EPA's actual utilization levels will exceed the 2010 
     utilization levels given that EPA's 2012 budget has been 
     reduced. The conferees remain concerned about the growing 
     disparity between regional and headquarters personnel as well 
     as how EPA develops its personnel requests in its annual 
     budget proposal.
       Recycling Programs.--The conferees direct that the Agency 
     submit the report requested in House Report 112-151 within 90 
     days of enactment of this Act.
       Refrigerant Gas Containers.--Within 90 days of enactment of 
     this Act, the conferees direct the agency to initiate a study 
     on the environmental impacts of using disposable containers 
     to transport and store refrigerant gasses, compared to 
     refillable containers, and to submit the study to the House 
     and Senate Committees on Appropriations upon completion.
       Regional Haze.--States have raised legitimate concerns 
     about the costs and compliance deadlines within EPA federal 
     implementation plans to address regional haze issues. The 
     Clean Air Act offers substantial flexibility with regard to 
     how States may choose to mitigate regional haze impacts. The 
     conferees are aware that EPA released a court-ordered 
     schedule for finalizing Regional haze rules in November 2011. 
     Therefore, the agreement does not include the specific 
     directives contained in House Report 112-151 but instead 
     directs EPA to work with the States as partners in order to 
     resolve compliance and cost differences while adhering to the 
     schedule.
       Southern New England Estuaries.--The conferees recommend 
     that the Agency convene and lead a comprehensive regional 
     policy coordination and outreach effort to protect, enhance, 
     and restore the coastal watersheds of southern New England. 
     No entity or consortium exists to meet these challenges, and 
     there is an urgent and immediate need for such an effort. For 
     example, in Rhode Island's Narragansett Bay, there are 
     documented extensive areas of pollution severely degrading 
     fish and wildlife habitat and water quality; problems that 
     are compounded by the effects of warmer water temperatures 
     and milder winters. The conferees recommend that EPA 
     establish goals for the regional effort, emphasizing water 
     quality and habitat restoration as well as the development 
     and implementation of innovative technologies to meet these 
     challenges and create jobs. The effort should provide for 
     streamlined interagency communication, and involve an 
     inclusive stakeholder process. Specifically, EPA should 
     collaborate with State agencies as well as other Federal 
     partners such as the National Oceanic and Atmospheric 
     Administration, the U.S. Fish and Wildlife Service, U.S. 
     Geological Survey, Natural Resources Conservation Service, 
     and the Small Business Administration. The Agency should also 
     include stakeholders from local governments and agencies, 
     non-governmental organizations, and academic institutions. 
     The conferees also recommend that the Agency, through this 
     regional effort, facilitate the development of strategies

[[Page H9599]]

     to restore and protect the southern New England Estuaries.

                      OFFICE OF INSPECTOR GENERAL

       The bill provides $42,000,000 for the Office of Inspector 
     General. The conferees appreciate the value of a robust 
     Inspector General and expect the same level of effort as in 
     fiscal year 2011 within the funding provided. The funding 
     level reflects the high unobligated balances that remain in 
     this account and the Inspector General should utilize 
     previously appropriated funds first in fiscal year 2012.

                        BUILDINGS AND FACILITIES

       The bill provides $36,428,000 for Buildings and Facilities, 
     equal to the fiscal year 2011 enacted level.

                     HAZARDOUS SUBSTANCE SUPERFUND


                     (INCLUDING TRANSFERS OF FUNDS)

       The bill provides $1,215,753,000 for the Hazardous 
     Substance Superfund account, and includes bill language to 
     transfer $9,955,000 to the Inspector General account and 
     $23,016,000 to the Science and Technology account. Due to 
     budget constraints, the conferees have reluctantly proposed 
     general program reductions to the Superfund emergency 
     response and removal and remedial programs, as detailed 
     below.
       The bill provides the following additional direction:
       Enforcement.--The bill provides $187,033,000 for Superfund 
     Enforcement.
       Operations and Administration.--The bill provides 
     $135,969,000 for Superfund Operations and Administration. The 
     agreement does not include further directives regarding 
     allocation of funds but instead directs the Agency to submit 
     an allocation of funds at the program project level as part 
     of the operating plan.
       Superfund Cleanup.--The bill provides $789,180,000 for 
     Superfund Cleanup, of which $189,895,000 is for Superfund: 
     Emergency Response and Removal and $565,922,000 is for 
     Superfund: Remedial. The conferees expect that future budget 
     requests will propose a higher percentage of cleanup funding 
     as part of the total request in addition to proposing funding 
     sufficient to meet program goals, such as increasing the 
     number of annual ``construction completes'' and more 
     importantly ``sites made ready for reuse''. The conferees 
     direct the Inspector General to report to the Committees 
     on Appropriations within 90 days of enactment of this Act 
     on current agency efforts to strengthen Superfund 
     contracting controls to prevent future waste, fraud and 
     abuse.
       Financial Assurance.--In lieu of the directives contained 
     in H. Rept. 112-151 regarding financial assurance 
     requirements, the conferees direct the Administrator to 
     collect and analyze information from the commercial insurance 
     and financial industries regarding the use and availability 
     of necessary instruments (including surety bonds, letters of 
     credit, and insurance) for meeting any new financial 
     responsibility requirements and to make that analysis 
     available to the House and Senate Committees on 
     Appropriations and to the general public on the Agency 
     website 90 days prior to proposing any rule pursuant to 
     section 108(b) of the Comprehensive Environmental Response, 
     Compensation, and Liability Act of 1980 (42 U.S.C. 9608(b)).
       Special Accounts.--The conferees direct EPA to follow the 
     language in House Report 112-151 with respect to managing the 
     unobligated balances in the Superfund special accounts.

          LEAKING UNDERGROUND STORAGE TANK TRUST FUND PROGRAM

       The bill provides $104,309,000 for the Leaking Underground 
     Storage Tank Trust Fund Program.

                       INLAND OIL SPILL PROGRAMS

       The bill provides $18,274,000 for Inland Oil Spill 
     Programs.

                   STATE AND TRIBAL ASSISTANCE GRANTS

       The bill provides $3,618,727,000 for the State and Tribal 
     Assistance Grants (STAG) program and includes the following 
     specific funding levels and direction:
       Infrastructure Assistance.--The bill provides 
     $2,528,169,000 for infrastructure assistance, including 
     $1,468,806,000 for the Clean Water State Revolving Fund and 
     $919,363,000 for the Drinking Water State Revolving Fund. The 
     amount provided for the Clean Water State Revolving Fund 
     program will fund approximately 473 new wastewater projects 
     nationwide and more than 81,000 jobs when combined with state 
     matching funds and leverage capabilities, according to Agency 
     estimates. Amounts provided for the Drinking Water State 
     Revolving Funds program will fund approximately 353 new 
     drinking water projects nationwide and more than 50,000 jobs 
     when combined with state matching and leveraged funds.
       The conferees do not direct EPA to submit a report on water 
     rates requested in the House report. However, the conferees 
     direct the Agency to report on how EPA and the States have 
     used the additional subsidization authority including 
     information on the number and amounts of loans awarded with 
     additional subsidization, recipient communities, and 
     descriptions of projects funded.
       Alaska Native Villages.--The bill provides $10,000,000 as 
     requested.
       Brownfields.--The bill provides $95,000,000 for the 
     Brownfields program.
       Diesel Emissions Reduction Act (DERA) Grants.--The bill 
     provides $30,000,000 as the conferees do not agree with the 
     proposal to terminate the DERA grants.
       Mexico Border.--The bill provides $5,000,000 for the Mexico 
     border program.
       Categorical Grants.--The bill provides $1,090,558,000 for 
     Categorical Grants and funding levels are specified in the 
     table at the end of this division. This amount includes 
     $164,757,000 for nonpoint source grants as requested. The 
     amount also includes $236,107,000 for the State and Local Air 
     Quality Management grant program, and the conferees direct 
     EPA to allocate funds for this program using the same formula 
     as fiscal year 2011.
       Bill Language.--The bill includes modified language 
     specifying amounts made available under the state revolving 
     fund programs for additional subsidization, and amounts made 
     available for the green infrastructure reserve in the Clean 
     Water State Revolving Fund program. The bill does not provide 
     the requested mandatory set-aside for green infrastructure 
     projects within the Drinking Water State Revolving Fund 
     program but does include language allowing States to continue 
     to fund these types of projects at their discretion.

       ADMINISTRATIVE PROVISIONS, ENVIRONMENTAL PROTECTION AGENCY


              (INCLUDING TRANSFER AND RESCISSION OF FUNDS)

       The bill rescinds $50,000,000 from specific unobligated 
     balances. Modified bill language has been included to provide 
     specific wage rate requirements for the Clean Water and 
     Drinking Water State Revolving funds.
       Oil Spill Transfer Authority.--The bill includes modified 
     transfer authority language that allows the Agency to meet 
     its obligations to pay contractors responding to inland oil 
     spills. The conferees have included this language for fiscal 
     year 2012 only. The conferees strongly urge EPA, in 
     conjunction with the Office of Management and Budget, to 
     propose a more appropriate legislative fix if the 
     Administration is unable to process routine transfers from 
     the Oil Spill Trust Fund in a timely fashion. The conferees 
     support the approach discussed in the House report to be a 
     more permanent solution.

                      TITLE III--RELATED AGENCIES

                       Department of Agriculture

                             FOREST SERVICE


                     FOREST AND RANGELAND RESEARCH

       The bill provides $295,773,000 for Forest and Rangeland 
     Research. The conferees also provide the following 
     directions:
       The agreement does not specify allocations for individual 
     research facilities. The conferees encourage the Forest 
     Products Laboratory, as part of the Department of 
     Agriculture's effort to promote and use wood products as a 
     green building material, to invest in wood products life 
     cycle assessment research to improve our understanding of the 
     environmental and economic implications of using wood in 
     building construction.
       The Forest Service is commended for its localized needs 
     research and is directed to expand this research in support 
     of project development on national forests. The Forest 
     Service should prioritize research related to White Nose 
     Syndrome as well as inventory and monitoring of bat resources 
     on Forest Service lands. The Service is expected to continue 
     ongoing urban natural resources stewardship research and 
     should produce a joint report with the Department of Energy 
     on the role that this work can play in helping reduce the 
     urban heat island effect, as well as reduce the energy demand 
     to cool buildings.


                       STATE AND PRIVATE FORESTRY

       The bill provides $253,331,000 for State and Private 
     Forestry. The conferees also provide the following 
     directions:
       Within six months of enactment of this Act, the Forest 
     Service is directed to develop a process in consultation with 
     State foresters that considers State Assessments and 
     Strategies in the annual budget for Cooperative Forestry 
     Assistance Act (CFAA) programs, and to develop a process 
     allowing State foresters flexibility, with appropriate 
     accountability, to reallocate a percentage of authorizations 
     for CFAA programs to address State priorities consistent with 
     the State Assessments and Strategies.
       Forest Legacy.--The bill provides $53,388,000 for the 
     Forest Legacy program. This includes $6,628,000 for program 
     administration, $2,500,000 for new State startups, and 
     $44,260,000 for forest legacy projects. The Service should 
     fund projects in priority order according to their 
     competitively selected national priority list for fiscal year 
     2012.


                         NATIONAL FOREST SYSTEM

       The bill provides $1,556,628,000 for the National Forest 
     System. The agreement includes a proof of concept pilot for 
     Integrated Resource Restoration (IRR). The conferees also 
     provide the following directions:
       Land Management Planning.--The bill provides $40,000,000 
     for land management planning. The agreement does not approve 
     the consolidation of this line item with the Inventory and 
     Monitoring line item. The Planning Rule should provide for a 
     cost-effective and timely process for forest plan revisions.
       Inventory and Monitoring.--The bill provides $161,980,000 
     for inventory and monitoring. The Forest Service is 
     encouraged to allocate more funding towards monitoring of 
     grazing allotments and work with State agencies, 
     universities, professional societies and other USDA agencies, 
     such as the Natural Resources Conservation Service, to 
     efficiently and effectively increase allotment monitoring.

[[Page H9600]]

       Recreation, Heritage, and Wilderness.--The bill provides 
     $281,627,000 for recreation, heritage and wilderness 
     programs. In place of House direction on the travel 
     management rule, the Forest Service is encouraged to revise 
     travel management plans where significant issues have arisen 
     and resolve the Maintenance Level-3 road problem in Region 5. 
     The agreement does not provide direction on the Wyoming 
     Wilderness Act.
       Grazing Management.--The bill provides $55,445,000 for the 
     grazing management program. The conferees are concerned that 
     the best science should be used in making decisions 
     concerning grazing on the Dakota Prairie Grasslands. 
     Currently, North Dakota State University is conducting 
     research that should benefit the agency in making these 
     determinations. The agency is strongly encouraged to work 
     cooperatively with the university and utilize its research to 
     the extent practicable, to better inform its grazing 
     management decisions.
       Forest Products.--The bill provides $336,049,000 for the 
     forest products program. The Forest Service is directed to 
     improve the health and resilience of national forests and 
     through these efforts, work to achieve three billion board 
     feet of timber sold. The conferees note that over the last 
     ten years, the timber supply in Region 10 has been 
     constrained to less than 10 percent of the allowable sale 
     quantity in the current land management plan. The Forest 
     Service is encouraged to prepare and offer, within three 
     years, the four 10-year timber sales as previously indicated.
       Vegetation and Watershed Management.--The bill provides 
     $184,341,000 for vegetation and watershed management 
     activities. The Service is strongly encouraged to provide 
     sufficient resources for leafy spurge eradication.
       Wildlife and Fish Habitat Management.--The bill provides 
     $140,260,000 for wildlife and fish habitat management 
     activities.
       Collaborative Forest Landscape Restoration.--The bill 
     provides $40,000,000 for the Collaborative Forest Landscape 
     Restoration Fund.
       Minerals and Geology Management.--The bill provides 
     $83,560,000 for minerals and geology management activities.
       The Service should implement the recommendations included 
     in the report, ``Assessing the Potential for Renewable Energy 
     on National Forest System Lands'' and initiate a planning 
     process for a renewable energy development program and, where 
     appropriate, apply guidelines already developed by the Bureau 
     of Land Management.
       Landownership Management.--The bill provides $85,875,000 
     for landownership management activities. In the case of any 
     land exchange involving National Forest System land carried 
     out directly or through a third-party, the Forest Service is 
     directed to provide written notice of the proposed land 
     exchange to each owner of non-Federal land adjoining a parcel 
     of National Forest System land proposed for exchange and each 
     owner of non-Federal land adjoining the non-Federal land 
     proposed to be acquired in the exchange. The Secretary shall 
     determine adjoining landowners using the most recent 
     available tax records.
       Integrated Resource Restoration.--The conferees have agreed 
     to the House proposal to allow the Administration to conduct 
     an Integrated Resource Restoration pilot in Regions 1, 3, and 
     4. Within 90 days of enactment of this Act, the Forest 
     Service should present a plan and guidance to the pilot 
     regions for measuring performance and accountability. The 
     plan and guidance should ensure program transparency, 
     monitoring, fair allocation of funding, a consistent approach 
     across the three regions, and that restoration is the primary 
     goal of any projects funded through the pilot. The plan 
     should also include traditional measures, such as timber 
     targets and acres treated, while also including new measures 
     such as watershed condition framework.


                  CAPITAL IMPROVEMENT AND MAINTENANCE

                     (INCLUDING TRANSFER OF FUNDS)

       The bill provides $394,721,000 for capital improvement and 
     maintenance programs offset by a $12,000,000 scoring credit 
     related to the road and trail fund. The conferees also 
     provide the following directions:
       Facilities.--The bill provides $75,785,000 for facilities 
     including $13,124,000 for construction and $62,661,000 for 
     maintenance. For future year planning, the Forest Service 
     should include both new construction and maintenance in its 
     list of major facilities projects based on its facility 
     master plans and the most efficient use of taxpayer dollars.
       Roads.--The bill provides $182,818,000 for roads including 
     $27,327,000 for construction and $155,491,000 for 
     maintenance.
       Trails.--The bill provides $81,982,000 for trails including 
     $63,422,000 for maintenance and $18,560,000 for construction.
       Legacy Roads.--The bill provides $45,000,000 for the legacy 
     roads and trails program. The agreement retains this program 
     within Capital Improvement and Maintenance. The Forest 
     Service should report on the jobs associated with this 
     program and publicly post this information.
       Back-country airstrips.--In place of the reporting 
     requirements in the House Report for back-country airstrips, 
     within one year after the date of enactment of this Act, the 
     Forest Service is directed to provide the Committees with a 
     general assessment of back-country airstrips on National 
     Forest System lands with recommendations for improving their 
     function as an important component of the forest 
     transportation and recreation system.
       Bill Language.--The bill includes language allowing the 
     transfer of funding from Capital Improvement and Maintenance 
     to the National Forest System for the Integrated Resource 
     Restoration pilot.


                            LAND ACQUISITION

       The bill provides $52,605,000 for Land Acquisition, of 
     which $7,500,000 is for acquisition management; $3,500,000 is 
     for critical inholdings/cash equalization; and $41,605,000 is 
     for acquisitions.
       This amount will fully fund projects 1 through 30 as 
     prioritized by the Service pursuant to the Administration's 
     revised request list provided to the Committees on August 26, 
     2011. Requests for reprogramming will be considered pursuant 
     to the guidelines in the front of this statement.
       The conferees direct the Forest Service to use inholding 
     funding to acquire high priority lands within Federal 
     boundaries that maximize benefits to the public through 
     consolidated Federal ownership that provides access, creates 
     management efficiencies, or protects critical resources.
       The Secretary of Agriculture is directed to submit a report 
     to the Committees on Appropriations within 90 days of 
     enactment of this Act describing current negotiations between 
     the Forest Service and private landowners for projects 
     receiving prior year and current appropriations within the 
     Tongass National Forest, including the overall scope and 
     timing of these acquisitions.


         ACQUISITION OF LANDS FOR NATIONAL FORESTS SPECIAL ACTS

       The bill provides $955,000 for the Acquisition of Lands for 
     National Forests Special Acts.


            ACQUISITION OF LANDS TO COMPLETE LAND EXCHANGES

       The bill provides $227,000 for the Acquisition of Lands to 
     Complete Land Exchanges.


                         RANGE BETTERMENT FUND

       The bill provides $3,262,000 for the Range Betterment Fund.


    GIFTS, DONATIONS AND BEQUESTS FOR FOREST AND RANGELAND RESEARCH

       The bill provides $45,000 for Gifts, Donations and Bequests 
     for Forest and Rangeland Research.


        MANAGEMENT OF NATIONAL FOREST LANDS FOR SUBSISTENCE USES

       The bill provides $2,577,000 for the Management of National 
     Forest Lands for Subsistence Uses.


                        WILDLAND FIRE MANAGEMENT

                     (INCLUDING TRANSFERS OF FUNDS)

       The bill provides $1,737,631,000 for Forest Service 
     Wildland Fire Management. In addition to the funding 
     provided, the Forest Service is directed to use $240,000,000 
     in carryover emergency fire suppression funds before 
     obligating fiscal year 2012 suppression funds. The amount 
     provided, combined with $315,886,000 in the FLAME Wildfire 
     Suppression Reserve Fund, fully funds the Forest Service's 
     10-year average expenditures for fire suppression. The 
     conferees also provide the following directions:
       The Forest Service should complete a plan to replace the 
     aging fleet of federal air tankers as soon as possible. While 
     the Forest Service and others have produced study after study 
     on the critical shortage of firefighting aircraft, there has 
     been a complete lack of substantive progress this year. The 
     Service must work more closely with the Department of the 
     Interior in developing the strategy for replacing the current 
     air tanker fleet.
       Hazardous Fuels.--The bill provides $317,584,000 for 
     hazardous fuels activities. The Forest Service is directed to 
     remove the requirement that seventy-five percent of hazardous 
     fuels funding be spent in the Wildland Urban Interface and 
     instead the conferees direct hazardous fuels funding be spent 
     on the highest priority projects in the highest priority 
     areas.


                FLAME WILDFIRE SUPPRESSION RESERVE FUND

                     (INCLUDING TRANSFERS OF FUNDS)

       The bill provides $315,886,000 for the FLAME Wildfire 
     Suppression Reserve Fund.


   ADMINISTRATIVE PROVISIONS, FOREST SERVICE (INCLUDING TRANSFERS OF 
                                 FUNDS)

       The bill includes administrative provisions similar to 
     previous years.

                DEPARTMENT OF HEALTH AND HUMAN SERVICES

                         INDIAN HEALTH SERVICE

                         Indian Health Services

       The bill provides $3,872,377,000 for Indian Health 
     Services. Of the amount requested for current services, the 
     conferees have included $56,019,000 above the fiscal year 
     2011 enacted level, which covers the cost of staffing new 
     facilities. Program increases above the fiscal year 2011 
     enacted level include $12,000,000 for the Indian Health Care 
     Improvement Fund; $3,400,000 for Health IT Security; 
     $65,000,000 for Contract Health Services; $3,185,000 for 
     Direct Operations; and $74,500,000 for Contract Support 
     Costs. In agreement with the request, a reduction of 
     $7,000,000 has been assumed from savings in grant programs. 
     The conferees direct the Service to meet its annual Contract 
     Support Costs reporting requirement due date, and to provide 
     the Committees with current Contract Support Costs estimates 
     in conjunction with its annual budget submission.
       The Service is directed to update the Committees at least 
     annually on the progress of the Early Childhood Caries 
     initiative and the ability of the Service to meet its goals 
     in the

[[Page H9601]]

     allowed time frame. The conferees note that the Service has 
     already complied with the request contained in the House 
     report to provide a detailed schedule for implementation of 
     the Electronic Dental Record system.
       Within the overall amount identified in the ``Indian Health 
     Services'' account for the staffing of new facilities, funds 
     are directed to the following projects, as requested in the 
     President's budget request: $1,809,000 for the Carl Albert 
     Hospital replacement, Ada, Oklahoma; $783,000 for the Lake 
     County Tribal Health Center, Lakeport, California; $6,294,000 
     for the Elbowoods Health Center, New Town, North Dakota; 
     $21,185,000 for the Cheyenne River Health Center, Eagle 
     Butte, South Dakota; $8,226,000 for the Absentee Shawnee 
     Health Center, Little Axe, Oklahoma; $7,879,000 for the 
     Cherokee Nation Vinita Health Center, Vinita, Oklahoma; and 
     $9,843,000 for joint venture projects. This distribution is 
     in agreement with the budget estimate as it has been revised 
     to reflect distributions made under the fiscal year 2011 
     operating plan, which was not available at the time the 
     Service's request was submitted to Congress.
       The conferees understand that a number of joint venture 
     construction projects are nearing completion and will require 
     support for the staffing of these new facilities. The Service 
     is urged to request sufficient funding in future budgets to 
     fulfill its obligations to participating tribes in the joint 
     venture program.
       Within the Indian Health Professions activity, the 
     conferees have continued support for the Recruitment/
     Retention of American Indians into Nursing program; the 
     Indians into Psychology program; and the Indians into 
     Medicine program.


                        INDIAN HEALTH FACILITIES

       The bill provides $441,052,000 for Indian Health 
     Facilities. Of the amount requested for current services, the 
     conferees have included $7,032,000 above the fiscal year 2011 
     enacted level, which covers the cost of staffing new 
     facilities. Program changes to the fiscal year 2011 enacted 
     level include a decrease of $15,955,000 from Sanitation 
     Facilities Construction, as requested, and an increase of 
     $46,028,000 for Health Care Facilities Construction.
       Within the overall amount identified in the ``Facilities 
     Services'' account for the staffing of new facilities, funds 
     are directed to the following projects, as requested in the 
     President's budget request: $678,000 for the Carl Albert 
     Hospital replacement, Ada, Oklahoma; $305,000 for the Lake 
     County Tribal Health Center, Lakeport, California; $1,021,000 
     for the Elbowoods Health Center, New Town, North Dakota; 
     $3,487,000 for the Cheyenne River Health Center, Eagle Butte, 
     South Dakota; $755,000 for the Absentee Shawnee Health 
     Center, Little Axe, Oklahoma; and $786,000 for the Cherokee 
     Nation Vinita Health Center, Vinita, Oklahoma.
       The amount provided for health care facilities construction 
     includes, as requested in the President's budget request: 
     $62,184,000 to complete the Barrow Hospital, Barrow, Alaska; 
     $10,000,000 for the Kayenta Health Center, Kayenta, Arizona; 
     $10,000,000 for the San Carlos Health Center, San Carlos, 
     Arizona; $2,000,000 for the Southern California Youth 
     Regional Treatment Center, Hemet, California; and $1,000,000 
     to complete a feasibility report on the use of modular 
     construction for health facilities.
       The conferees are concerned about the large unobligated 
     balances in the ``Indian Health Services'' and the ``Indian 
     Health Facilities'' accounts. The conferees direct the 
     Service to review the programs that have carried high 
     unobligated balances in recent years and provide a detailed 
     report to the Committees within 90 days of enactment of this 
     Act on the causes for these unobligated balances and present 
     a plan for reducing them.


                     NATIONAL INSTITUTES OF HEALTH

          NATIONAL INSTITUTE OF ENVIRONMENTAL HEALTH SCIENCES

       The bill provides $79,054,000 for the National Institute of 
     Environmental Health Sciences.


            AGENCY FOR TOXIC SUBSTANCES AND DISEASE REGISTRY

            TOXIC SUBSTANCES AND ENVIRONMENTAL PUBLIC HEALTH

       The bill provides $76,337,000 for the Agency for Toxic 
     Substances and Disease Registry. Within the funds provided, 
     $2,000,000 has been included as requested to continue the 
     important epidemiological studies of health conditions caused 
     by exposures to uranium released from mining and milling 
     operations in the Navajo Nation.

                         OTHER RELATED AGENCIES

                   Executive Office of the President


  COUNCIL ON ENVIRONMENTAL QUALITY AND OFFICE OF ENVIRONMENTAL QUALITY

       The bill provides $3,153,000 for the Council on 
     Environmental Quality and Office of Environmental Quality.

             Chemical Safety and Hazard Investigation Board


                         SALARIES AND EXPENSES

       The bill provides $11,147,000 for the Chemical Safety and 
     Hazard Investigation Board.

              Office of Navajo and Hopi Indian Relocation


                         SALARIES AND EXPENSES

       The bill provides $7,750,000 for the Office of Navajo and 
     Hopi Indian Relocation, Salaries and Expenses.

    Institute of American Indian and Alaska Native Culture and Arts 
                              Development


                        PAYMENT TO THE INSTITUTE

       The bill provides $8,533,000 for the Institute of American 
     Indian and Alaska Native Culture and Arts Development.

                        Smithsonian Institution


                         SALARIES AND EXPENSES

       The bill provides a total of $811,530,000 for all 
     Smithsonian Institution accounts, of which $636,530,000 is 
     provided for salaries and expenses. The conferees encourage 
     collaborative efforts between the Smithsonian Institution and 
     regional and rural museums that facilitate greater access to 
     the Smithsonian's virtual collections such as that of the 
     Museum of Natural History. The conferees support the joint 
     venture between the Library of Congress and the Smithsonian 
     Institution creating a comprehensive compilation of personal 
     histories and testimonials of individuals who participated in 
     the Civil Rights movement. The conferees remain committed to 
     the preservation of priceless, irreplaceable Smithsonian 
     Institution collections and direct the Smithsonian to take 
     steps toward implementing the recommendations of a recently 
     completed audit by the Smithsonian's Office of Inspector 
     General (OIG) on collections stewardship at the National 
     Museum of American History. The conferees also support the 
     decision by the OIG to use the Institution's Strategic Plan 
     as a standard by which to measure the Institution's 
     performance in its proposed audits and reviews. The 
     Smithsonian Institution is directed to work with the 
     Committees to standardize its annual budget submission 
     justifications and supporting materials.


                           FACILITIES CAPITAL

       The bill provides $175,000,000 for the Facilities Capital 
     account of which $75,000,000 is to complete the design and 
     begin the construction of the National Museum of African 
     American History and Culture (NMAAHC). Bill language is 
     included providing that a future procurement for construction 
     of the NMAAHC may include the full scope of the project, but 
     that any contract for such procurement must contain a clause 
     clarifying that any payment under the contract will be 
     subject to the availability of funds. The Smithsonian is 
     directed to devote remaining Facilities Capital funds to the 
     highest and best uses on a priority basis and clearly 
     articulate in future budget submissions specific funding 
     needs in priority order for all Facilities Capital program 
     initiatives.

                        National Gallery of Art


                         SALARIES AND EXPENSES

       The bill provides $114,066,000 for the Salaries and 
     Expenses account of the National Gallery of Art of which not 
     to exceed $3,481,000 is for the special exhibition program.


            REPAIR, RESTORATION, AND RENOVATION OF BUILDINGS

       The bill provides $14,516,000 for the Repair, Restoration, 
     and Renovation of Buildings account. Bill language is 
     included providing the Gallery with the authority to enter 
     into operating lease agreements of no more than 10 years, 
     with no extensions or renewals, in order to address space 
     needs created by ongoing renovations in the Master Facilities 
     Plan.

             John F. Kennedy Center for the Performing Arts


                       OPERATIONS AND MAINTENANCE

       The bill provides $23,200,000 for the Operations and 
     Maintenance account.


                     CAPITAL REPAIR AND RESTORATION

       The bill provides $13,650,000 for the Capital Repair and 
     Restoration account.

            Woodrow Wilson International Center for Scholars


                         SALARIES AND EXPENSES

       The bill provides $11,005,000 for the Woodrow Wilson 
     International Center for Scholars.

             NATIONAL FOUNDATION ON THE ARTS AND HUMANITIES

                    National Endowment for the Arts


                       GRANTS AND ADMINISTRATION

       The bill provides $146,255,000 for the National Endowment 
     for the Arts (NEA). The conferees agree that initiatives 
     begun in prior years, such as the Big Read and Shakespeare in 
     American Communities, are programs of demonstrated worth that 
     reach a broad geographic audience. The Endowment is urged to 
     maintain these grants at an appropriate funding level to 
     allow a vibrant, competitive program to be maintained.
       The conferees understand that the proposal included in the 
     budget request to eliminate the National Heritage Fellowship 
     program and the American Jazz Masters Fellowship program was 
     reconsidered by the Endowment and subsequently withdrawn. The 
     conferees support this decision and expect the Endowment to 
     continue its annual recognition of individuals with 
     outstanding achievements in these disciplines in a similar 
     manner to past years. The conferees disagree with the 
     proposal to exempt funds for the ``Our Town'' initiative from 
     the overall calculation for providing base funding to State 
     arts agencies and direct that funds be distributed based on 
     the longstanding agreement that States receive 40 percent of 
     all appropriated grant funds. Reforms originally instituted 
     by the Committees more than a decade ago relating to program 
     priorities and grant guidelines are fully restated in 
     Sections 418 and 419.

[[Page H9602]]

     These reforms maintain broad bipartisan support and the 
     conferees expect the NEA to adhere to them fully. Further, 
     the conferees encourage the Administration and the 
     appropriate committees of jurisdiction in Congress to address 
     the vacancies on the National Council on the Arts in a 
     timelier manner than has been the case to date.

                 National Endowment for the Humanities


                       GRANTS AND ADMINISTRATION

       The bill provides $146,255,000 for the National Endowment 
     for the Humanities (NEH). The conferees urge the NEH to 
     provide no less than 40 percent of program funds to support 
     the critical work of state humanities councils. The conferees 
     support the Endowment's efforts to encourage a better 
     understanding of our Nation's history and the democratic 
     principles upon which it was founded by supporting grants for 
     the teaching and study of American history. The conferees, 
     therefore, have included $3,000,000 for the longstanding, 
     successful We the People initiative. The NEH is encouraged to 
     include Native American communities in the Bridging Cultures 
     initiative and to work with tribes in the preservation of 
     Native American languages through the Documenting Endangered 
     Languages grant program.

                        Commission of Fine Arts


                         SALARIES AND EXPENSES

       The bill provides $2,400,000 for the Commission of Fine 
     Arts.

               National Capital Arts and Cultural Affairs

       The bill provides $2,000,000 for the National Capital Arts 
     and Cultural Affairs program. Language has been included in 
     the bill amending the program's underlying authorization to 
     ensure that all grantees meet the program's eligibility 
     requirements.

               Advisory Council on Historic Preservation


                         SALARIES AND EXPENSES

       The bill provides $6,108,000 for the Advisory Council on 
     Historic Preservation.

                  National Capital Planning Commission


                         SALARIES AND EXPENSES

       The bill provides $8,154,000 for the National Capital 
     Planning Commission.

                United States Holocaust Memorial Museum


                       HOLOCAUST MEMORIAL MUSEUM

       The bill provides $50,798,000 for the United States 
     Holocaust Memorial Museum. The conferees concur with the 
     Museum's proposal to re-designate its exhibition fund as an 
     outreach initiatives fund to broaden access to historic 
     material, enhance its website, and provide a larger public 
     education component.


                             PRESIDIO TRUST

                          PRESIDIO TRUST FUND

       The bill provides $12,000,000 for the Presidio Trust Fund.

                Dwight D. Eisenhower Memorial Commission


                         SALARIES AND EXPENSES

       The bill provides $2,000,000 for the Salaries and Expenses 
     account.


                          CAPITAL CONSTRUCTION

       The bill provides $30,990,000 for Capital Construction. 
     Bill language has been included authorizing the contracting 
     officer to procure construction services as long as such 
     contracts are contingent upon the availability of funds, and 
     authorizes the Commission to proceed with the construction 
     process despite not having full funding in place.

                      TITLE IV--GENERAL PROVISIONS


                     (INCLUDING TRANSFERS OF FUNDS)

       The conferees have included various legislative provisions 
     in Title IV of the bill. A number of these provisions have 
     been carried in previous years and others are newly proposed 
     this year. The provisions are:
       Section 401 continues a provision providing for public 
     availability of information on consulting service contracts.
       Section 402 continues a provision providing that 
     appropriations available in the bill shall not be used to 
     produce literature or otherwise promote public support of a 
     legislative proposal on which legislative action is not 
     complete.
       Section 403 continues a provision providing for annual 
     appropriations unless expressly provided otherwise in this 
     Act.
       Section 404 continues a provision limiting the use of 
     personal cooks, chauffeurs or servants.
       Section 405 continues a provision providing restrictions on 
     departmental assessments unless approved by the Committees on 
     Appropriations.
       Section 406 continues a provision limiting the actions of 
     the Forest Service and the Bureau of Land Management with 
     regard to the sale of giant sequoia trees to a manner 
     consistent with such sales as were conducted in fiscal year 
     2011.
       Section 407 continues a limitation on accepting and 
     processing applications for patents and on the patenting of 
     Federal lands.
       Section 408 continues a provision regarding the payment of 
     contract support costs.
       Section 409 continues a provision providing that the 
     Secretary of Agriculture shall not be considered in violation 
     of certain provisions of the Forest and Rangeland Renewable 
     Resources Planning Act solely because more than 15 years have 
     passed without revision of a forest plan, provided that the 
     Secretary is working in good faith to complete the plan 
     revision.
       Section 410 continues a provision limiting preleasing, 
     leasing, and related activities within the boundaries of 
     National Monuments.
       Section 411 modifies a provision authorizing the Secretary 
     of the Interior and the Secretary of Agriculture to enter 
     into reciprocal agreements with foreign wildfire suppression 
     organizations.
       Section 412 continues a provision through fiscal year 2013 
     authorizing the Secretary of the Interior and the Secretary 
     of Agriculture to consider local contractors when awarding 
     contracts for certain activities on public lands.
       Section 413 restricts funding appropriated for acquisition 
     of land or interests in land from being used for declarations 
     of taking or complaints in condemnation.
       Section 414 continues a provision making Alaska red cedar 
     timber available to domestic mills.
       Section 415 extends certain authorities through fiscal year 
     2013 allowing the Forest Service and Department of the 
     Interior to renew grazing permits.
       Section 416 continues a provision which prohibits no-bid 
     contracts.
       Section 417 continues a provision which requires public 
     disclosure of certain reports.
       Section 418 continues a provision which delineates the 
     grant guidelines for the National Endowment for the Arts.
       Section 419 continues a provision which delineates the 
     program priorities for the programs managed by the National 
     Endowment for the Arts.
       Section 420 amends existing law to allow for the use of 
     certain competitive grant funds.
       Section 421 extends authorities from the Forest Service 
     Realignment and Enhancement Act of 2005 through 2016.
       Section 422 makes permanent authorities made available to 
     the Secretary of the Interior and the Chief of the Forest 
     Service to conduct joint programs to promote customer service 
     and efficiency.
       Section 423 retains a provision allowing the State of Utah, 
     through contracts or cooperative agreements with the Forest 
     Service, to perform certain activities on Forest Service 
     lands through fiscal year 2013.
       Section 424 requires the Department of the Interior, EPA, 
     Forest Service and Indian Health Service to provide the 
     Committees on Appropriations quarterly reports on the status 
     of balances of appropriations.
       Section 425 requires the President to submit a report to 
     the Committees on Appropriations no later than 120 days after 
     submission of the fiscal year 2013 budget request describing 
     Federal agency obligations and expenditures for climate 
     change programs in fiscal year 2011.
       Section 426 continues a provision prohibiting the use of 
     funds to promulgate or implement any regulation requiring the 
     issuance of permits under Title V of the Clean Air Act for 
     carbon dioxide, nitrous oxide, water vapor, or methane 
     emissions.
       Section 427 continues a provision prohibiting the use of 
     funds to implement any provision in a rule if that provision 
     requires mandatory reporting of greenhouse gas emissions from 
     manure management systems.
       Section 428 provides the Forest Service the authority to 
     use a pre-decisional objection process in place of post-
     decisional appeals.
       Section 429 clarifies Silvicultural Operations under the 
     Federal Water Pollution Control Act.
       Section 430 modifies claim maintenance fees for placer 
     claims held by two or more persons known as association 
     placer claims.
       Section 431 addresses the management of domestic sheep and 
     bighorn sheep on Federal lands.
       Section 432 addresses the issuance of air quality permits 
     in the Outer Continental Shelf.
       Section 433 prohibits funds from being used to enter into 
     contracts or agreements with any corporation where the agency 
     is aware of a conviction of a felony under any Federal law 
     within the preceding 24 months.
       Section 434 prohibits funds for contacts or agreements with 
     any corporation where the agency is aware of any unpaid 
     Federal tax liability that is not being paid in a timely 
     manner pursuant to a payment agreement.
       Section 435 continues current authorities for operations of 
     Indian Health Service programs in Alaska.
       Section 436 includes an across the board rescission of 0.16 
     percent. This reduction shall be applied to each program, 
     project, and activity, except for Miscellaneous Payments to 
     Indians, which has a different application of the rescission 
     as specified in the statutory language. The bill also 
     requires the Office of Management and Budget to submit a 
     report within 30 days specifying the account and amount of 
     each rescission.

[[Page H9603]]

     [GRAPHIC] [TIFF OMITTED] TH15DE11.340
     


[[Page H9604]]

     [GRAPHIC] [TIFF OMITTED] TH15DE11.341
     


[[Page H9605]]

     [GRAPHIC] [TIFF OMITTED] TH15DE11.342
     


[[Page H9606]]

     [GRAPHIC] [TIFF OMITTED] TH15DE11.343
     


[[Page H9607]]

     [GRAPHIC] [TIFF OMITTED] TH15DE11.344
     


[[Page H9608]]

     [GRAPHIC] [TIFF OMITTED] TH15DE11.345
     


[[Page H9609]]

     [GRAPHIC] [TIFF OMITTED] TH15DE11.346
     


[[Page H9610]]

     [GRAPHIC] [TIFF OMITTED] TH15DE11.347
     


[[Page H9611]]

     [GRAPHIC] [TIFF OMITTED] TH15DE11.348
     


[[Page H9612]]

     [GRAPHIC] [TIFF OMITTED] TH15DE11.349
     


[[Page H9613]]

     [GRAPHIC] [TIFF OMITTED] TH15DE11.350
     


[[Page H9614]]

     [GRAPHIC] [TIFF OMITTED] TH15DE11.351
     


[[Page H9615]]

     [GRAPHIC] [TIFF OMITTED] TH15DE11.352
     


[[Page H9616]]

     [GRAPHIC] [TIFF OMITTED] TH15DE11.353
     


[[Page H9617]]

     [GRAPHIC] [TIFF OMITTED] TH15DE11.354
     


[[Page H9618]]

     [GRAPHIC] [TIFF OMITTED] TH15DE11.355
     


[[Page H9619]]

     [GRAPHIC] [TIFF OMITTED] TH15DE11.356
     


[[Page H9620]]

     [GRAPHIC] [TIFF OMITTED] TH15DE11.357
     


[[Page H9621]]

     [GRAPHIC] [TIFF OMITTED] TH15DE11.358
     


[[Page H9622]]

     [GRAPHIC] [TIFF OMITTED] TH15DE11.359
     


[[Page H9623]]

     [GRAPHIC] [TIFF OMITTED] TH15DE11.360
     


[[Page H9624]]

     [GRAPHIC] [TIFF OMITTED] TH15DE11.361
     


[[Page H9625]]

     [GRAPHIC] [TIFF OMITTED] TH15DE11.362
     


[[Page H9626]]

     [GRAPHIC] [TIFF OMITTED] TH15DE11.363
     


[[Page H9627]]

     [GRAPHIC] [TIFF OMITTED] TH15DE11.364
     


[[Page H9628]]

     [GRAPHIC] [TIFF OMITTED] TH15DE11.365
     


[[Page H9629]]

     [GRAPHIC] [TIFF OMITTED] TH15DE11.366
     


[[Page H9630]]

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

       The Departments of Labor, Health and Human Services, and 
     Education, and Related Agencies Appropriations Act, 2012, put 
     in place by this division incorporates the following 
     agreements of the managers. Funds for the individual programs 
     and activities within the accounts in this division are 
     displayed in the detailed table at the end of the statement 
     of the managers for this Act. Funding levels that are not 
     displayed in the detailed table are identified within this 
     statement of the managers. In implementing this conference 
     agreement, the Departments and agencies should be guided by 
     the language and instructions set forth in Senate Report 112-
     84 accompanying the bill, S. 1599, unless specifically 
     addressed in this statement. In cases where the language and 
     instructions in the Senate report specifically address the 
     allocation of funds, each has been reviewed by the conferees 
     and those that are jointly concurred in have been endorsed in 
     this statement of managers.

                                TITLE I

                          DEPARTMENT OF LABOR

                 Employment and Training Administration


                    TRAINING AND EMPLOYMENT SERVICES

                     (INCLUDING TRANSFER OF FUNDS)

       The conference agreement includes $3,195,383,000 for 
     Training and Employment Services (TES). Of the amount 
     appropriated under the heading TES, $1,423,383,000 shall be 
     available for obligation for the period July 1, 2012 through 
     June 30, 2013, and the remaining $1,772,000,000 shall be 
     available as an advance appropriation for the period October 
     1, 2012 through June 30, 2013.
       The conferees direct that, beginning with the fiscal year 
     2013 budget request, the TES detailed workload and 
     performance tables in the congressional justification 
     materials be modified to include, as a subset of the 
     ``Participants Served in Employment and Training 
     Activities,'' the number of participants who participated in 
     core and intensive services, the number of participants who 
     participated in training services, the number of exiters, and 
     the number of exiters who gained employment.
       The conference agreement includes $1,008,432,000 for 
     Dislocated Worker Assistance employment and training 
     activities, of which $148,432,000 shall be available for 
     obligation for the period July 1, 2012 through June 30, 2013, 
     and the remaining $860,000,000 shall be available as an 
     advance appropriation for the period October 1, 2012 through 
     June 30, 2013. The conferees continue to support the use of 
     National Emergency Grants to meet unanticipated increases in 
     demand for employment and training services and encourage a 
     rapid execution of funding throughout the program year to 
     address these needs throughout the country.
       The conference agreement includes $84,451,000 for migrant 
     and seasonal farmworker formula grants. The conferees direct 
     that $5,689,000 shall be for migrant and seasonal farmworker 
     housing grants, of which not less than 70 percent of this 
     amount shall be used for permanent housing grants. The 
     conferees further direct the Department of Labor to submit 
     annual reports documenting the use of farmworker housing 
     funds. The reports should include information on the amount 
     of funds used for permanent and temporary housing activities, 
     respectively; a list of the communities served; a list of the 
     grantees and the states in which they are located; the total 
     number of individuals or families served; and a list of 
     allowable temporary housing activities.
       The conference agreement includes $50,000,000 for the 
     Workforce Innovation Fund.
       The conference agreement includes new language that 
     provides that funding previously made available under Public 
     Law 112-10 designated for young parents training grants may 
     be used for research and implementation activities related to 
     the VOW to Hire Heroes Act of 2011 and other pilots, 
     demonstrations, and research activities.
       The conferees note that the National Guard's Youth 
     ChalleNGe program at the Department of Defense provides a 
     structured high school curriculum in a residential setting 
     for 16- to 18-year old high school dropouts across 27 states. 
     However, the success of this program is hindered by the lack 
     of a formalized employment training component. As the 
     Department of Labor has a long history with such endeavors, 
     the conferees encourage the Secretary of Labor to work with 
     the Department of Defense, providing technical assistance and 
     guidance where needed, in establishing a vocational training 
     component within the Youth ChalleNGe program.
       The conference agreement includes a directive for the 
     Government Accountability Office to assess the capabilities 
     of the Adult and Dislocated Worker Employment and Training 
     programs to adequately prepare participants for currently 
     available jobs. The study shall include, but is not limited 
     to, the following:
       1. An evaluation of the means by which Workforce Investment 
     Act (WIA) local areas identify currently available jobs and 
     the skills required for those jobs in potential growth 
     sectors of the economy. This may include an evaluation of 
     decisions by regional and local WIA areas and an assessment 
     of the quality of available labor market information and job 
     projections.
       2. An evaluation of the means by which WIA local areas 
     direct program participants to prepare or train for currently 
     or soon-to-be available jobs in the WIA area. To the extent 
     that prospects for employment are greater outside the WIA 
     area, the evaluation will assess the extent to which WIA 
     areas help the participants of the programs prepare or train 
     for these jobs.
       3. A compilation of any recommendations on how participants 
     may be better prepared for current openings and for openings 
     in growth sectors of the economy.
       The conference agreement includes $6,475,000 for the 
     Workforce Data Quality Initiative.


                          OFFICE OF JOB CORPS

       The conference agreement includes $1,706,171,000 for the 
     Office of Job Corps (OJC). The budget request includes 
     $1,033,747,000 in fiscal year 2012 funding and, in addition, 
     $666,000,000 in advance funding for fiscal year 2013. The 
     conferees provide full funding for OJC in fiscal year 2012, 
     eliminating the need for advance appropriations, and direct 
     the Secretary of Labor to submit future budget requests for 
     OJC without advance appropriations beginning with the fiscal 
     year 2013 budget submission.


            COMMUNITY SERVICE EMPLOYMENT FOR OLDER AMERICANS

       The conference agreement includes $449,100,000 for 
     Community Service Employment for Older Americans.


     STATE UNEMPLOYMENT INSURANCE AND EMPLOYMENT SERVICE OPERATIONS

       The conference agreement includes $4,094,672,000 for State 
     Unemployment Insurance and Employment Service Operations, 
     including a total of $60,000,000 to conduct in-person 
     reemployment and eligibility assessments (REA) and 
     unemployment insurance improper payment reviews.
       The conference agreement for Unemployment Insurance (UI) 
     State operations does not explicitly include funds for the 
     expansion of REAs or for the new initiative requested for UI 
     operations incentive grants for improved operations. Funds 
     not required for workload should be used by the Department to 
     increase REA funding and other activities to address improper 
     payments, to fund State requests for technology improvement 
     funding, and to initiate performance improvement grants.
       The conference agreement does not include funding requested 
     for expansion of the worker misclassification initiative.


                         PROGRAM ADMINISTRATION

       The conference agreement includes $147,360,000 for Program 
     Administration.
       The conference agreement does not include funding requested 
     for expansion of the worker misclassification initiative.

               Employee Benefits Security Administration


                         SALARIES AND EXPENSES

       The conference agreement includes $183,500,000 for the 
     Employee Benefits Security Administration.

                         Wage and Hour Division


                         SALARIES AND EXPENSES

       The conference agreement includes $227,491,000 for the Wage 
     and Hour Division.
       The conference agreement does not include funding requested 
     for expansion of the worker misclassification initiative.

             Office of Federal Contract Compliance Programs


                         SALARIES AND EXPENSES

       The conference agreement includes $105,386,000 for the 
     Office of Federal Contract Compliance Programs.
       The conference agreement does not include funding requested 
     for expansion of the worker misclassification initiative.

             Occupational Safety and Health Administration


                         SALARIES AND EXPENSES

       The conference agreement includes $565,857,000 for the 
     Occupational Safety and Health Administration (OSHA).
       The conferees note that OSHA's National Emphasis Program 
     (NEP) on Recordkeeping has been underway since October, 2009, 
     to assess the accuracy of injury and illness data recorded by 
     employers. The conferees direct the Secretary of Labor to 
     submit a report, not later than 90 days after enactment of 
     this Act, to the Committees on Appropriations of the House 
     and the Senate detailing the findings of this NEP, as well as 
     other Department activities, related to the accuracy of 
     employer reporting of injury and illness data.

                 Mine Safety and Health Administration


                         SALARIES AND EXPENSES

       The conference agreement includes $374,000,000 for the Mine 
     Safety and Health Administration (MSHA).
       The conference agreement provides sufficient funding to 
     improve MSHA's emergency response operations and rescue 
     capabilities through the upgrade of emergency response 
     equipment and the purchase and deployment of new underground 
     mine rescue communications systems for mine rescue teams, 
     continue making progress on the elimination of the backlog of 
     mine safety and health appeals, support the reorganization 
     and strengthening of the Office of Accountability within the 
     assessments line, upgrade the Mt. Hope laboratory, continue 
     the coal dust spot inspection program, and acquire continuous 
     personal dust monitors for MSHA personnel.

[[Page H9631]]

                       Bureau of Labor Statistics


                         SALARIES AND EXPENSES

       The conference agreement includes $610,224,000 for the 
     Bureau of Labor Statistics (BLS).

                           General Provisions


                         JOB CORPS COMPENSATION

       The conference agreement modifies a provision that 
     prohibits the use of Job Corps funding from being used to 
     compensate an individual at a rate in excess of Executive 
     Level II.


         American Competitiveness and Workforce Improvement Act

       The conference agreement modifies a provision relating to 
     grants made from the Department of Labor under the authority 
     of the American Competitiveness and Workforce Improvement 
     Act.


          EMPLOYMENT AND TRAINING ADMINISTRATION COMPENSATION

       The conference agreement modifies a provision to prohibit 
     the use of funds provided to the Employment and Training 
     Administration for the compensation of any individual at a 
     rate in excess of Executive Level II.


          TRANSFER AUTHORITY FOR TECHNICAL ASSISTANCE SERVICES

       The conference agreement modifies a provision providing the 
     Secretary of Labor with the authority to transfer funds made 
     available to the Employment and Training Administration by 
     this Act, or by Public Law 112-10, for technical assistance 
     services to Program Administration.


                   DEFINITION OF FIDUCIARY REGULATION

       The conference agreement includes a new provision relating 
     to the ``Definition of Fiduciary'' regulation being developed 
     by the Employee Benefits Security Administration (Regulatory 
     Identification Number 1210-AB32). The conferees understand 
     that it is the Secretary of Labor's intention to formally 
     withdraw this proposed rule upon the issuance of a new notice 
     of proposed rulemaking (NPRM). This section shall not be 
     construed as preventing the Secretary from publishing a new 
     or revised NPRM relating to the definition of a fiduciary, 
     provided that interested parties and stakeholders are 
     afforded a sufficient opportunity to review and comment on 
     the proposed rulemaking.


  WAGE METHODOLOGY FOR THE TEMPORARY NON-AGRICULTURAL EMPLOYMENT H-2B 
                           PROGRAM REGULATION

       The conference agreement modifies a provision relating to 
     the ``Wage Methodology for the Temporary Non-Agricultural 
     Employment H-2B Program'' regulation published by the 
     Employment and Training Administration.


 OCCUPATIONAL INJURY AND ILLNESS RECORDING AND REPORTING REQUIREMENTS--
           MUSCULOSKELETAL DISORDERS (MSD) COLUMN REGULATION

       The conference agreement includes a new provision relating 
     to the ``Occupational Injury and Illness Recording and 
     Reporting Requirements--Musculoskeletal Disorders (MSD) 
     Column'' regulation being developed by the Occupational 
     Safety and Health Administration.


   LOWERING MINERS' EXPOSURE TO COAL MINE DUST, INCLUDING CONTINUOUS 
                   PERSONAL DUST MONITORS REGULATION

       The conference agreement includes a new provision relating 
     to the ``Lowering Miners'' Exposure to Coal Mine Dust, 
     Including Continuous Personal Dust Monitors'' regulation 
     being developed by the Mine Safety and Health Administration 
     (MSHA). This section is not intended to restrict MSHA's 
     ability to enforce the current rule while this section is in 
     effect or address any compliance assistance or training needs 
     arising from the publication of the final rule during the 
     effective period of this section.


   OVERTIME EXEMPTIONS FOR SERVICE ADVISORS IN AUTOMOTIVE DEALERSHIPS

       The conference agreement includes a new provision relating 
     to overtime exemptions as defined by the Fair Labor Standards 
     Act.

                                TITLE II

                DEPARTMENT OF HEALTH AND HUMAN SERVICES

              Health Resources and Services Administration

       The conference agreement includes $6,450,534,000 for the 
     Health Resources and Services Administration (HRSA). In 
     addition, $25,000,000 is made available under section 241 of 
     the Public Health Service (PHS) Act.
       The conference agreement includes bill language that 
     divides HRSA into several accounts to improve transparency 
     and accountability. The conferees direct that future budget 
     requests reflect this new structure.


                          PRIMARY HEALTH CARE

       The conference agreement includes $1,598,957,000 for 
     Primary Health Care.


                            HEALTH WORKFORCE

       The conference agreement includes $734,402,000 for Health 
     Workforce.
       Within the funds provided for Training in Oral Health Care, 
     the conferees include $7,563,000 each for general and 
     pediatric dentistry.
       The conference agreement includes language prohibiting 
     health workforce funds to be used for section 340G-1, the 
     Alternative Dental Health Care Providers Demonstration 
     programs.
       Within the funds provided for Public Health and Preventive 
     Medicine Programs, the conferees direct HRSA to fund 
     preventive medicine residencies at no less than fiscal year 
     2011 levels. The conferees have provided sufficient funding 
     for a national coordinating center and $2,500,000 for grants 
     to incorporate competency-based integrative medicine 
     curricula in graduate medical education.
       Within the funds for Advanced Education Nursing, the 
     conferees direct HRSA to allocate funding for nurse 
     anesthetist education at no less than fiscal year 2011 
     levels.


                       MATERNAL AND CHILD HEALTH

       The conference agreement includes $863,607,000 for Maternal 
     and Child Health.
       The conference agreement includes bill language setting 
     aside $79,586,000 for Special Projects of Regional and 
     National Significance (SPRANS). The agreement includes 
     sufficient funding to continue State grants and the set-
     asides for oral health, epilepsy, sickle cell, and fetal 
     alcohol syndrome at no less than fiscal year 2011 levels.
       Within the funding provided for the Autism and Other 
     Related Developmental Disorders program, the conferees direct 
     HRSA to fund the Leadership Education in Neurodevelopmental 
     and Related Disabilities (LEND) program at no less than 
     fiscal year 2011 levels.


                      RYAN WHITE HIV/AIDS PROGRAMS

       The conference agreement includes $2,351,665,000 for Ryan 
     White HIV/AIDS Programs, of which $2,326,665,000 is provided 
     as budget authority and $25,000,000 is made available under 
     section 241 of the Public Health Service Act.
       The conferees intend that HRSA allocate funds for the 
     Minority AIDS Initiative within the Ryan White HIV Programs 
     at no less than the fiscal year 2011 funding level.


                          HEALTH CARE SYSTEMS

       The conference agreement includes $83,526,000 for Health 
     Care Systems.


                              RURAL HEALTH

       The conference agreement includes $139,832,000 for Rural 
     Health.
       Rural Outreach Models.-- The conferees recognize the 
     continuing challenges facing rural communities in providing 
     adequate healthcare services. The conferees urge HRSA to 
     consider projects that demonstrate new and innovative models 
     of outreach in rural areas, such as the integration and 
     coordination of health services; the utilization of 
     technologies to improve access to health services; distance 
     education for health professionals; and activities that 
     improve mental healthcare services in rural areas.


                            FAMILY PLANNING

       The conference agreement includes $297,400,000 for Family 
     Planning.


                           PROGRAM MANAGEMENT

       The conference agreement includes $161,815,000 for Program 
     Management.

               Centers for Disease Control and Prevention

       The conference agreement includes $5,667,735,000 in 
     discretionary appropriations for the Centers for Disease 
     Control and Prevention (CDC). In addition, $371,357,000 is 
     made available under section 241 of the Public Health Service 
     (PHS) Act.
       The conference agreement includes bill language that 
     divides CDC into several accounts to improve transparency and 
     accountability. The conferees direct that future budget 
     requests, to include the fiscal year 2013 budget request, 
     reflect this new structure. Further, the conferees direct CDC 
     to provide additional programmatic information in budget 
     justifications beginning in fiscal year 2014. This 
     information shall be included for every activity identified 
     in this Statement of the Managers and shall include: a short 
     description of the nature of CDC's work on a particular 
     subject; the number of new and continuing grants made; the 
     average grant size; and a State-by-State table for any 
     formula-based funding. The conferees understand that the 
     fiscal year 2013 justification is already in draft form; 
     therefore, the conferees expect an operating plan 90 days 
     after enactment of this Act that details spending levels for 
     all CDC budget lines included in this Statement of the 
     Managers.
       Extramural Research.--The conferees request a report from 
     CDC by March 1 of each year that details the breakdown of 
     intramural and extramural funding for each program of the 
     various offices and centers at CDC. This report shall include 
     the amount of funding in each Center dedicated to 
     administrative activities.


                 IMMUNIZATION AND RESPIRATORY DISEASES

       The conference agreement includes $579,375,000 for 
     Immunization and Respiratory Diseases. In addition, 
     $12,864,000 is made available under section 241 of the PHS 
     Act.
       Within the program level total for Immunization and 
     Respiratory Diseases, the conference agreement includes the 
     following amounts:

------------------------------------------------------------------------
                     Budget Activity                        Conference
------------------------------------------------------------------------
Section 317 Immunization Program........................    $369,553,000
Program Operations......................................      63,005,000
    National Immunization Survey........................      12,864,000
Influenza...............................................     159,681,000
------------------------------------------------------------------------

     HIV/AIDS, VIRAL HEPATITIS, SEXUALLY TRANSMITTED DISEASES AND 
                        TUBERCULOSIS PREVENTION

       The conference agreement includes $1,105,995,000 for HIV/
     AIDS, Viral Hepatitis,

[[Page H9632]]

     Sexually Transmitted Diseases and Tuberculosis Prevention.
       Within the total for HIV/AIDS, Viral Hepatitis, Sexually 
     Transmitted Diseases, and Tuberculosis Prevention, the 
     conference agreement includes the following amounts:

------------------------------------------------------------------------
                     Budget Activity                        Conference
------------------------------------------------------------------------
Domestic HIV/AIDS Prevention and Research
    HIV Prevention by Health Departments................    $336,912,000
    HIV Surveillance....................................     117,667,000
    National/Regional/Local/Community/Other.............     138,059,000
    Enhanced HIV Testing................................      65,401,000
    Improving Program Effectiveness.....................     102,406,000
    School Health.......................................      30,000,000
Viral Hepatitis.........................................      19,784,000
Sexually Transmitted Diseases...........................     154,666,000
Tuberculosis............................................     141,100,000
------------------------------------------------------------------------

       Within the total for Domestic HIV/AIDS Prevention and 
     Research programs, the conference agreement provides funding 
     at no less than the fiscal year 2011 level to support 
     activities that are targeted to address the growing HIV/AIDS 
     epidemic and its disparate impact on communities of color, 
     including African Americans, Latinos, Native Americans, Asian 
     Americans, Native Hawaiians, and Pacific Islanders.


               EMERGING AND ZOONOTIC INFECTIOUS DISEASES

       The conference agreement includes $253,919,000 for Emerging 
     and Zoonotic Infectious Diseases.
       Within the total for Emerging and Zoonotic Infectious 
     Diseases, the conference agreement includes the following 
     amounts:

------------------------------------------------------------------------
                     Budget Activity                        Conference
------------------------------------------------------------------------
Vector-borne Diseases...................................     $23,232,000
Lyme Disease............................................       8,773,000
Food Safety.............................................      27,172,000
Prion Disease...........................................       5,000,000
Chronic Fatigue Syndrome................................       4,737,000
Emerging Infectious Diseases............................     124,151,000
National Healthcare Safety Network......................      14,872,000
Quarantine..............................................      26,032,000
------------------------------------------------------------------------

       Lyme Disease.--The conferees encourage CDC to expand its 
     activities related to developing sensitive and more accurate 
     diagnostic tools and tests for Lyme disease, including the 
     evaluation of emerging diagnostic methods and improving 
     utilization of diagnostic testing to account for the multiple 
     clinical manifestations of acute and chronic Lyme disease. 
     CDC is encouraged to expand its epidemiological research 
     activities on tick-borne diseases, to include an objective to 
     determine the long-term course of illness for Lyme disease 
     and to improve surveillance and reporting of Lyme and other 
     tick-borne diseases in order to produce more accurate data on 
     their prevalence. Finally, the conferees encourage CDC to 
     evaluate the feasibility of developing a national reporting 
     system on Lyme disease, including laboratory reporting; and 
     to expand prevention of Lyme and tick-borne diseases through 
     increased community-based public education and creating a 
     physician education program that includes the full 
     spectrum of scientific research on the diseases.


            CHRONIC DISEASE PREVENTION AND HEALTH PROMOTION

       The conference agreement includes $760,700,000 for Chronic 
     Disease Prevention and Health Promotion.
       Within the total for Chronic Disease Prevention and Health 
     Promotion, the conference agreement includes the following 
     amounts:

------------------------------------------------------------------------
                     Budget activity                        Conference
------------------------------------------------------------------------
Tobacco.................................................     108,685,000
Nutrition, Physical Activity, and Obesity...............      34,189,000
School Health...........................................      13,600,000
    Food Allergies......................................         488,000
Health Promotion........................................      17,682,000
    Community Health Promotion..........................       6,141,000
    Glaucoma............................................       3,337,000
    Visual Screening Education..........................         511,000
    Alzheimer's Disease.................................       1,812,000
    Inflammatory Bowel Disease..........................         680,000
    Interstitial Cystitis...............................         654,000
    Excessive Alcohol Use...............................       2,454,000
    Chronic Kidney Disease..............................       2,093,000
Prevention Research Centers.............................      18,001,000
Heart Disease and Stroke................................      55,284,000
Diabetes................................................      64,796,000
Cancer Prevention and Control...........................     350,332,000
    Breast and Cervical Cancer..........................     206,001,000
        WISEWOMAN.......................................      20,745,000
    Breast Cancer Awareness for Young Women.............       4,908,000
    Cancer Registries...................................      50,295,000
    Colorectal Cancer...................................      43,070,000
    Comprehensive Cancer................................      20,313,000
    Johanna's Law.......................................       5,000,000
    Ovarian Cancer......................................       4,909,000
    Prostate Cancer.....................................      13,188,000
    Skin Cancer.........................................       2,150,000
    Cancer Survivorship Resource Center.................         498,000
Oral Health.............................................      14,726,000
Safe Motherhood/Infant Health...........................      44,049,000
Other Chronic Diseases..................................      25,338,000
    Arthritis...........................................      13,075,000
    Epilepsy............................................       7,801,000
    National Lupus Patient Registry.....................       4,462,000
Community Grants........................................      14,018,000
    Healthy Communities.................................               0
    REACH...............................................      14,018,000
------------------------------------------------------------------------

       The conferees expect the Office of Smoking and Health to 
     transfer no less than the amount it did in fiscal year 2011 
     to the Environmental Health Laboratory. The conferees intend 
     that this transfer is to be provided to the lab in a manner 
     that supplements and in no way replaces existing funding for 
     tobacco-related activities.
       The conferees are pleased to learn that CDC has decided to 
     retain the Division of Oral Health. This action is supported 
     by a recent Institute of Medicine (IOM) report titled 
     ``Advancing Oral Health in America'' that recommends oral 
     health be given a high priority within HHS. This decision 
     will allow CDC to focus on the prevention and elimination of 
     oral disease, support state oral health infrastructure 
     programs, and improve the coordination of oral health 
     activities with other chronic disease prevention activities.


                BIRTH DEFECTS AND DEVELOPMENTAL DISEASES

       The conference agreement includes $138,072,000 for birth 
     defects and developmental diseases.
       The conferees have rejected the consolidation proposed in 
     the fiscal year 2012 budget for disability initiatives in the 
     National Center on Birth Defects and Developmental 
     Disabilities (NCBDDD). The conferees direct that any new 
     consolidation put forward by the administration be 
     accompanied by an assessment of the needs of people with 
     disabilities that includes the categories of disabilities 
     currently served, validates the value of such a 
     consolidation, considers the input of stakeholders, and 
     establishes the basis for any proposed efficiencies and 
     commonalities.
       Within the total for Birth Defects and Developmental 
     Diseases, the conference agreement includes the following 
     amounts:

------------------------------------------------------------------------
                     Budget activity                        Conference
------------------------------------------------------------------------
Child Health and Development............................     $62,295,000
    Birth Defects.......................................      20,304,000
    Craniofacial Malformation...........................       1,809,000
    Fetal Death.........................................         808,000
    Fetal Alcohol Syndrome..............................       9,891,000
    Folic Acid..........................................       2,795,000
    Infant Health.......................................       7,925,000
    Autism..............................................      21,380,000
Health and Development for People with Disabilities.....      56,920,000
    Disability & Health (incl. Child Development).......      17,893,000
    Limb Loss...........................................       2,836,000
    Tourette Syndrome...................................       1,701,000
    Early Hearing Detection and Intervention............      10,672,000
    Muscular Dystrophy..................................       5,865,000
    Paralysis Resource Center...........................       6,739,000
    Attention Deficit Hyperactivity Disorder............       1,718,000
    Fragile X...........................................       1,684,000
    Spina Bifida........................................       5,812,000
    Congenital Heart Failure............................       2,000,000
Public Health Approach to Blood Disorders...............      18,857,000
    Hemophilia..........................................      16,670,000
    Thallasemia.........................................       1,861,000
------------------------------------------------------------------------

       Congenital Heart Disease.--The conferees are concerned that 
     there is a lack of rigorous epidemiological and longitudinal 
     data on individuals of all ages with congenital heart disease 
     and has included funding to begin to compile this 
     information. The conferees are particularly interested in 
     information on prevalence, barriers to effective care, 
     survival outcomes and neurocognitive outcomes.


                   PUBLIC HEALTH SCIENTIFIC SERVICES

       The conference agreement includes $144,795,000 for public 
     health scientific services. In addition, $247,769,000 is made 
     available under section 241 of the PHS Act.
       Within the total for Public Health Scientific Services, the 
     conference agreement includes the following amounts:

------------------------------------------------------------------------
                                                              FY 2012
                     Budget activity                         Committee
------------------------------------------------------------------------
Health Statistics.......................................     138,683,000
Surveillance, Epidemiology, and Infomatics..............     217,747,000
Public Health Workforce.................................      36,134,000
------------------------------------------------------------------------

       The conferees remain supportive of the Primary 
     Immunodeficiency Education and Awareness Program. The program 
     has successfully leveraged federal money and private 
     contributions to improve the quality of life for these 
     patients.


                          ENVIRONMENTAL HEALTH

       The conference agreement includes $105,598,000 for 
     environmental health programs.
       Within the total for Environmental Health, the conference 
     agreement includes the following amounts:

------------------------------------------------------------------------
                     Budget activity                        Conference
------------------------------------------------------------------------
Environmental Health Laboratory.........................     $42,628,000
  Newborn Screening Quality Assurance Program...........       6,865,000
  Newborn Screening /Severe Combined Immuno. Diseases...         970,000
Environmental Health Activities.........................      35,526,000
  Safe Water............................................       7,150,000
  Volcanic Emissions....................................         197,000
  Environmental and Health Outcome Tracking.............               0
  Amyotrophic Lateral Sclerosis (ALS) Registry..........       5,903,000
  Climate Change........................................       7,401,000
  Built Environment and Health Initiative...............       2,634,000
Asthma..................................................      25,444,000
Lead Poisoning..........................................       2,000,000
------------------------------------------------------------------------

       The conferees direct CDC to continue its support of the 
     National Asthma Control Program as currently structured.
       The conferees intend that the funds provided for the CDC 
     lead poisoning program be used to maintain expertise and 
     analysis at the national level and to provide a resource for 
     States and localities.


                     INJURY PREVENTION AND CONTROL

       The conference agreement includes $138,480,000 for injury 
     prevention and control activities.
       Within the total for Injury Prevention and Control, the 
     conference agreement includes the following amounts:

------------------------------------------------------------------------
                     Budget activity                        Conference
------------------------------------------------------------------------
Intentional Injury......................................     $93,690,000
  Domestic Violence and Sexual Violence.................      31,315,000
        Child Maltreatment..............................       6,974,000
  Youth Violence Prevention.............................      15,000,000
  Domestic Violence Community Projects..................       5,423,000
  Rape Prevention.......................................      39,474,000
Unintentional Injury....................................      31,315,000
  Traumatic Brain Injury................................       6,039,000
  Elderly Falls.........................................       1,963,000
Injury Control Research Centers.........................       9,996,000
National Violent Death Reporting System.................       3,479,000
------------------------------------------------------------------------

         NATIONAL INSTITUTE FOR OCCUPATIONAL SAFETY AND HEALTH

       The conference agreement includes $182,903,000 for 
     Occupational Safety and Health. In addition, $110,724,000 is 
     made available under section 241 of the PHS Act.
       Within the total for Occupational Safety and Health, the 
     conference agreement includes the following amounts:

[[Page H9633]]



------------------------------------------------------------------------
                                                              FY 2012
                     Budget activity                         Committee
------------------------------------------------------------------------
Education and Research Centers..........................     $24,321,000
Personal Protective Technology..........................      16,828,000
Healthier Workforce Centers.............................       5,026,000
National Occupational Research Agenda...................     111,367,000
Mining Research.........................................      52,687,000
Other Occupational Safety and Health Research...........      83,398,000
  Miners Choice.........................................         647,000
  National Mesothelioma Registry and Tissue Bank........       1,022,000
------------------------------------------------------------------------

       Within the total for the National Occupational Research 
     Agenda, the conferees provide no less than fiscal year 2011 
     levels for the Agriculture, Forestry, and Fishing Program.


       ENERGY EMPLOYEES OCCUPATIONAL ILLNESS COMPENSATION PROGRAM

       The conference agreement includes $55,358,000 for CDC's 
     responsibilities with respect to the Energy Employee 
     Occupational Illness Compensation Program.


                             GLOBAL HEALTH

       The conference agreement includes $349,547,000 for global 
     health activities.
       Within the total for Global Health, the conference 
     agreement includes the following amounts:

------------------------------------------------------------------------
                                                              FY 2012
                     Budget activity                         Committee
------------------------------------------------------------------------
Global AIDS Program.....................................    $118,023,000
Global Immunization Program.............................     160,854,000
  Polio Eradication.....................................     111,597,000
  Other Global/Measles..................................      49,257,000
Global Disease Detection and Emergency Response.........      41,902,000
Parasitic Diseases/Malaria1.............................      19,467,000
Global Public Health....................................       9,301,000
------------------------------------------------------------------------

                PUBLIC HEALTH PREPAREDNESS AND RESPONSE

       The conference agreement includes $1,306,906,000 for public 
     health preparedness and response activities.
       Within the total for Public Health Preparedness and 
     Response, the conference agreement includes the following 
     amounts:

------------------------------------------------------------------------
                     Budget activity                        Conference
------------------------------------------------------------------------
Public Health Emergency Preparedness Cooperative            $643,069,000
 Agreements.............................................
Centers for Public Health Preparedness..................       7,997,000
Advanced Practice Centers...............................               0
All Other State and Local Capacity......................       7,784,000
CDC Preparedness and Response...........................     138,570,000
  BioSense..............................................      20,772,000
  Lab Reporting.........................................       8,092,000
Strategic National Stockpile............................     509,486,000
------------------------------------------------------------------------

                          CDC-WIDE ACTIVITIES

       The conference agreement includes $621,445,000 for CDC-wide 
     activities.
       Within the total for CDC-Wide Activities, the conference 
     agreement includes the following amounts:

------------------------------------------------------------------------
                                                              FY 2012
                     Budget activity                         Committee
------------------------------------------------------------------------
Preventive Health/Health Services Block.................     $80,000,000
Business Services Support...............................     397,026,000
Buildings and Facilities................................      25,000,000
Public Health Leadership................................     119,419,000
------------------------------------------------------------------------

       The conference agreement includes language making Vessel 
     Sanitation Program user fees available through September 30, 
     2013.
       Working Capital Fund.--The conferees have included bill 
     language that allows CDC to begin creating a Working Capital 
     Fund (WCF) to achieve greater cost efficiencies across the 
     administrative operations of the agency. The conferees expect 
     this WCF to begin making disbursements no sooner than fiscal 
     year 2014. CDC shall notify the House and Senate Committees 
     on Appropriations prior to any funds being transferred to or 
     deposited in the WCF.
       The conferees direct CDC to create a strong auditing system 
     for the WCF, which shall include annual auditing of the 
     calculation by which programs are charged to ensure that WCF 
     funds are used solely for administrative costs and that CDC 
     Centers and Offices are not over-charged for services. The 
     conferees instruct that the structure of the WCF shall assume 
     no more than a 2 year availability of any funds within it, 
     that no construction of facilities shall be allowable costs, 
     and that all allowable costs are clearly defined. The 
     conferees further direct that the governance system be 
     designed to include a role for all Center Directors in 
     overseeing the costs incurred. The Committees on 
     Appropriations expect quarterly briefings on the progress 
     being made in drafting the charter and the methodology being 
     used to set up the WCF.
       Within the amount provided for Business Services, the 
     conferees have made $30,000,000 available until September 30, 
     2013.

                     National Institutes of Health

       The conference agreement includes $30,689,990,000 for the 
     accounts that comprise the National Institutes of Health 
     (NIH) total appropriation. This total does not include any 
     funding for the Global Fund to Fight AIDS, Tuberculosis and 
     Malaria; the conferees understand that all fiscal year 2012 
     funding for the Global Fund is provided through Division I 
     (Department of State, Foreign Operations, and Related 
     Programs). The conference agreement continues the allocation 
     to NIH of $8,200,000 in program evaluation set-aside funding. 
     Appropriation levels for individual institutes and centers 
     are described in the table at the end of this statement of 
     managers.
       The conferees recognize NIH's mission to invest in basic 
     biomedical research and apply that knowledge to enhance our 
     Nation's health and well-being, lengthen life, and reduce the 
     burdens of illness and disability. NIH is strongly urged to 
     ensure its policies continue to support a robust extramural 
     community and make certain sufficient research resources are 
     available to the more than 300,000 NIH-supported scientists 
     at over 3,100 institutions across the country. The conferees 
     affirm the critical importance of new and competing research 
     project grants (RPGs) to the mission of NIH and are concerned 
     that in the past few years, NIH has failed to support the 
     number of new, competing RPGs that it estimated would be 
     awarded in its annual congressional budget justifications. 
     The conferees expect NIH to evaluate its new grant-estimating 
     methodology to improve its accuracy and support as many 
     scientifically meritorious new and competing RPGs as 
     possible, at a reasonable award level, with the funding 
     provided in this Act.
       In recent years, extramural research has accounted for 
     nearly 90 percent of NIH's budget. The conferees strongly 
     urge NIH to maintain at least that level in fiscal year 2012. 
     NIH should also establish safeguards to ensure the percentage 
     of funds used to support basic research across NIH is 
     maintained.
       The Office of the Director (OD) shall ensure, as 
     practicable, the programs and offices within OD receive 
     increases proportional to the overall increase, unless 
     otherwise specified. The conferees request quarterly 
     notification on obligations from the NIH Director's 
     Discretionary Fund to the Committees on Appropriations of the 
     House of Representatives and the Senate.
       The conferees expect NIH to continue the long-standing 
     policy for Common Fund projects to be short-term, high-impact 
     awards, with no projects receiving funding for more than 10 
     years. The conferees recognize that certain investigator-
     initiated programs such as Pioneer Awards may be exceptions 
     to the 10-year limit. Any other proposed exceptions should be 
     explained in the fiscal year 2013 congressional budget 
     justification.
       The conference agreement includes language to eliminate the 
     National Center for Research Resources (NCRR) and create the 
     National Center for Advancing Translational Sciences (NCATS).
       NCATS will study steps in the therapeutics development and 
     implementation process, consult with experts in academia and 
     the biotechnology and pharmaceutical industries to identify 
     bottlenecks in the processes that are amenable to re-
     engineering, and develop new technologies and innovative 
     methods for streamlining the processes. In order to evaluate 
     these innovations and new approaches, NCATS will undertake 
     targeted therapeutics development and implementation 
     projects. In all of these efforts, the conferees expect that 
     NCATS will complement, not compete with, the efforts of the 
     private sector.
       While the conferees welcome the creation of NCATS, they 
     were disappointed by the way the administration requested it. 
     The President's proposed budget for fiscal year 2012 included 
     a vague description of NCATS but did not formally request 
     funding for the restructuring or provide any details about 
     which components of NIH would be consolidated into the new 
     Center. The failure to do so caused unnecessary 
     uncertainty about the proposal and contributed to the 
     impression that it was being rushed. The conferees are 
     also aware of concerns that the NIH process for evaluating 
     the merits of the NCATS reorganization did not comply with 
     the NIH Reform Act of 2006 with respect to the role of the 
     Scientific Management Review Board (SMRB).
       Lessons learned with NCATS should guide NIH as it considers 
     another proposed restructuring, one that would involve 
     consolidating NIDA, NIAAA and components of other Institutes 
     and Centers (ICs) into a new Institute devoted to research on 
     substance use, abuse and addiction. The conferees understand 
     that NIH plans to adopt a more deliberate approach in 
     evaluating the need for this Institute. The conferees 
     strongly recommend that this approach should include full 
     consideration by the SMRB and that if the administration 
     ultimately decides to seek such a restructuring, it should 
     provide sufficient details in a formal budget request to 
     Congress.
       The following table provides the specific funding levels 
     for the institutes and centers and displays the comparable 
     adjustments related to the reorganization.

----------------------------------------------------------------------------------------------------------------
                                                                                      FY 2011
             (Dollars in thousands)                   FY 2011      Reallocation   reorganization      FY 2012
                                                     Enacted*      of resources     comparable        enacted
----------------------------------------------------------------------------------------------------------------
National Cancer Institute (NCI).................      $5,058,577          -4,163      $5,054,414      $5,081,788
    Therapeutics for Rare and Neglected Disease   ..............          -4,163  ..............  ..............
     (TRND).....................................
National Heart, Lung, and Blood Institute              3,069,723          -1,489       3,068,234       3,084,851
 (NHLBI)........................................
    Clinical Research Resources.................  ..............            +995  ..............  ..............
    Biotechnology Research Resources............  ..............             +29
    Research Management & Support...............  ..............             +14
    TRND........................................  ..............          -2,527

[[Page H9634]]

 
National Institute of Dental & Craniofacial              409,608            -337         409,271         411,488
 Research (NIDCR)...............................
    TRND........................................  ..............            -337
Nat. Inst. of Diabetes & Digestive & Kidney            1,792,224          -1,476       1,790,748       1,800,447
 Diseases (NIDDK)...............................
    TRND........................................  ..............          -1,476
National Institute of Neurological Disorders and       1,622,003          -1,335       1,620,668       1,629,445
 Stroke (NINDS).................................
    TRND........................................  ..............          -1,335
National Institute of Allergy and Infectious           4,478,668          -3,689       4,474,979       4,499,215
 Diseases (NIAID)...............................
    TRND........................................  ..............          -3,689
National Institute of General Medical Sciences         2,033,782        +338,010       2,371,792       2,434,637
 (NIGMS)........................................
    Institutional Development Awards (IDeA).....        +226,480
    Biotechnology Research Resources............  ..............         +97,114
    Research Infrastructure.....................  ..............          +8,853
    Research Management & Support...............  ..............          +7,237
    TRND........................................  ..............          -1,674
Nat. Inst. of Child Health and Human Development       1,317,854          -1,085       1,316,769       1,323,900
 (NICHD)........................................
    TRND........................................  ..............          -1,085
National Eye Institute (NEI)....................         700,828            -577         700,251         704,043
    TRND........................................  ..............            -577
National Institute of Environmental Health               683,724            -555         683,169         686,869
 Sciences (NIEHS)...............................
    TRND........................................  ..............            -555
National Institute on Aging (NIA)...............       1,100,481            -906       1,099,575       1,105,530
    TRND........................................  ..............            -906
Nat. Inst. Arthritis & Musculoskeletal & Skin            534,349            -440         533,909         536,801
 Diseases (NIAMS)...............................
    TRND........................................  ..............            -440
Nat. Inst. on Deafness & Other Communication             415,155            -341         414,814         417,061
 Disorders (NIDCD)..............................
    TRND........................................  ..............            -341
National Institute of Mental Health (NIMH)......       1,476,294          -1,215       1,475,079       1,483,068
    TRND........................................  ..............          -1,215
National Institute on Drug Abuse (NIDA).........       1,050,542            -865       1,049,677       1,055,362
    TRND........................................  ..............            -865
National Institute on Alcohol Abuse and                  458,286            -377         457,909         460,389
 Alcoholism (NIAAA).............................
    TRND........................................  ..............            -377
National Institute of Nursing Research (NINR)...         144,381            -119         144,262         145,043
    TRND........................................  ..............            -119
National Human Genome Research Institute (NHGRI)         511,497            -421         511,076         513,844
    TRND........................................  ..............            -421
National Institute of Biomedical Imaging and             313,802         +23,370         337,172         338,998
 Bioengineering (NIBIB).........................
    Biotechnology Research Resources............  ..............         +22,977
    Research Management & Support...............  ..............            +651
    TRND........................................  ..............            -258
National Institute on Minority Health and Health         209,714         +65,757         275,471         276,963
 Disparities (NIMHD)............................
    Research Centers in Minority Institutions...  ..............         +58,686
    Biotechnology Research Resources............  ..............          +1,784
    Research Infrastructure.....................  ..............          +2,578
    Research Management & Support...............  ..............          +2,882
    TRND........................................  ..............            -173
National Center for Research Resources (NCRR)...       1,257,754      -1,257,754               0               0
National Center for Complementary and                    127,713            -105         127,608         128,299
 Alternative Medicine (NCCAM)...................
    TRND........................................  ..............            -105  ..............               0
John E. Fogarty International Center (FIC)......          69,436             -58          69,378          69,754
    TRND........................................  ..............             -58  ..............               0
National Library of Medicine (NLM)..............         336,733            -277         336,456         338,278
    TRND........................................  ..............            -277  ..............               0
Office of the Director (OD).....................       1,166,963        +287,042       1,454,005       1,461,880
    Comparative Medicine (incl. Nat'l Primate     ..............        +194,921
     Res. Centers)..............................
    Shared & High-end Instrumentation...........  ..............         +64,114
    Clinical Research Resources.................  ..............            +769
    Biotechnology Research Resources............  ..............          +8,505
    Research Infrastructure.....................  ..............          +6,655
    Research Management & Support...............  ..............          +9,594
    Science Education Partnership Award.........  ..............         +18,480
    Clinical Research Resources.................  ..............            +534
    Biotechnology Research Resources............  ..............            +552
    Research Management & Support...............  ..............            +716
    Office of Rare Diseases Research............  ..............         -17,798
National Center for Advancing Translational                    0        +563,405         563,405         576,456
 Sciences (NCATS)...............................
    Clinical & Translational Science Awards       ..............        +457,700
     (CTSAs)....................................
    Clinical Research Resources.................  ..............         +27,879
    Biotechnology Research Resources............  ..............         +18,633
    Research Management & Support...............  ..............         +16,316
    NCBI/PA.....................................  ..............          +1,079
    TRND........................................  ..............         +24,000
    Office of Rare Diseases Research............  ..............         +17,798
    Cures Acceleration Network (CAN)............  ..............               0
----------------------------------------------------------------------------------------------------------------
Note: The FY 2011 enacted level does not include transfers.

       Cures Acceleration Network (CAN).--The conferees provide 
     NCATS with up to $10,000,000 to support the CAN Board and 
     related activities. The conferees expect a high bar for any 
     use of waiver authority for CAN grant matching funds; any use 
     should be extremely limited to maximize funds towards the CAN 
     goals. The conferees encourage the CAN Board to create 
     general principles and measurable outcomes to track success. 
     The conferees request NCATS to charter an Institute of 
     Medicine (IOM) work group to review, evaluate, and identify 
     issues related to the CAN authority and provide a report for 
     use by the CAN Board to help it identify ways to accelerate 
     and expand the number of cures. The report should include a 
     survey and inventory of activities at NIH, FDA, AHRQ, CDC, 
     the Patent and Trademark Office (PTO), and in the private 
     sector that relate to the CAN program. The conferees urge IOM 
     to include balanced participation by the entities listed 
     above as well as the representatives of the pharmaceutical 
     and biotechnology industry and the biotech venture capital 
     community. The report should address patent authority, 
     marketability, use of high-throughput analysis, regulatory 
     timelines, and cost structure issues related to the 
     purpose of CAN.
       Accelerating Commercialization of Therapies to Patients.--
     The conferees understand the need to develop models to assist 
     research universities and institutes on the best ways to 
     leverage and commercialize federally supported basic and 
     applied biomedical research discoveries. This is a key reason 
     why the conferees have agreed to create NCATS. The conferees 
     note the market has started to develop public-private sector 
     models that are beginning to show results in translating 
     basic research far more quickly than traditional models. 
     These types of models use pre-defined technology-licensing 
     terms to rapidly license new products and build a core of 
     options for commercialization partnerships with 
     pharmaceutical and biotechnology companies to establish joint 
     ventures to further advance products to the market. The 
     conferees strongly urge NIH to study and foster these models.
       The conferees expect any NIH-supported partnerships to 
     expand translational pharmaceutical development in a manner 
     that does not inhibit creative market models. Top priorities 
     of the Center should include developing tools to improve the 
     ``de-risking'' process and advancing the drug development 
     process to the point at which it can reasonably be expected 
     to be picked up by the private sector. The conferees suggest 
     the selection of Center projects should consider future 
     market acceptance as one component of the criteria to 
     evaluate and select potential Center projects. The conferees 
     direct NIH to host a trans-NIH workshop with key research 
     organizations, venture capitalists, pharmaceutical firms, the 
     PTO, the FDA, and a sample of research universities and 
     institutes to work together with NIH and the drug development 
     market. The workshop should also consider how existing NIH 
     and government mechanisms can be used to encourage models 
     around the country to speed commercialization of therapies 
     through a market-based approach.

[[Page H9635]]

       Clinical and Translational Science Awards (CTSAs).--The 
     conferees are encouraged by the success of the CTSA 
     consortium and recommend the program receive full funding as 
     it nears full implementation. The conferees expect the NCATS 
     Director to ensure the current focus on the full spectrum of 
     translational research is maintained, and CTSA resources are 
     not diverted. The inclusion of patient-centered research, 
     community engagement, training, dissemination science, and 
     behavioral research is extremely important to the translation 
     and application of basic science discoveries and success of 
     the CTSAs. CTSAs now represent an investment of half a decade 
     of innovation in translational research. To ensure the 
     benefits of this investment are maintained, the conferees 
     urge NIH to support a study by the IOM that would evaluate 
     the CTSA program and recommend whether changes to the current 
     mission are needed. The review should include stakeholders' 
     input and be available no later than 18 months after the 
     enactment of this bill.
       Therapeutics for Rare and Neglected Disease (TRND) 
     Program.--The conferees continue support for TRND at a level 
     of $24,000,000 within NCATS. The conferees urge NIH to 
     provide an annual report on the TRND program that identifies 
     the number of projects started each year, cost per project, 
     and the outcome of each project. The first report should be 
     provided to the Committees on Appropriations by July 1, 2012.
       Institutional Development Awards.--The conferees provide 
     $276,480,000 to increase support for the Institutional 
     Development Awards (IDeA) program. The conferees recognize 
     the importance of the Centers of Biomedical Research 
     Excellence (COBRE) and the IDeA Networks of Biomedical 
     Research Excellence (INBRE) programs. The conferees believe 
     the IDeA program has made a significant contribution to 
     biomedical research and creating a skilled workforce. 
     Therefore, the conferees provide a $45,882,000 increase and 
     recommend it be divided equally toward a new COBRE 
     competition and to support new awards for the IDeA Clinical 
     Trial and Translation Program to develop infrastructure for 
     clinical and translational research in IDeA States. The 
     conferees encourage the NIH Director to expand the program to 
     support co-funding of IDeA projects across NIH ICs to foster 
     the development of efforts in IDeA State programs. Further, 
     as an Office of Experimental Program to Stimulate Competitive 
     Research (EPSCoR) program, the focus of IDeA should continue 
     to be on improving the necessary infrastructure and 
     strengthening the biomedical research capacity and capability 
     of research institutions. Unfortunately, many institutions in 
     EPSCoR-qualifying States who could benefit from the IDeA 
     program are ineligible for funding. The conferees encourage 
     NIH to revise current eligibility criteria to take into 
     account how the decreasing success rate for R01 grants NIH-
     wide is affecting IDeA eligibility. In particular, the 
     conferees believe the IDeA Director should have the authority 
     to consider funding institutions in any State that is EPSCoR 
     eligible. The conferees urge NIH to develop criteria to 
     incorporate flexibility into the program to address these 
     concerns. The conferees request an update on both the IDeA 
     eligibility criteria proposals and funding level by State and 
     major activities, to include the co-funding activity, in the 
     fiscal year 2013 congressional budget justification.
       Third Party Collections 3-Year Pilot.--Since fiscal year 
     1997, Congress has included bill language authorizing NIH to 
     ``collect third party payments for the cost of clinical 
     services that are incurred in NIH research facilities.'' NIH 
     has not yet exercised that authority. A recent study released 
     in September that was conducted by PricewaterhouseCoopers LLP 
     (PwC) found that there are numerous potential advantages as 
     well as potential disadvantages to implementing a third party 
     billing program. ``The potential use of third party billing 
     represents a significant investment and enduring change for 
     the NIH Clinical Center,'' the study states. ``As such, 
     additional efforts beyond the 14-week study represented in 
     this report may be undertaken to more fully consider the 
     challenges associated with the use of third party billing and 
     the opportunities that may exist.'' The conferees concur with 
     this observation and therefore direct NIH to conduct a 3-year 
     pilot study to assess the viability of third party 
     reimbursement at NIH by looking at one of the services 
     commonly used by a significant number of outpatients at some 
     point in the patient's protocol. One possible example would 
     be radiology services, but this is not the only option. The 
     Committees on Appropriations expect to be briefed on the 
     proposed subject area and scope of the pilot before it is 
     finalized. The conferees include $10,000,000 for the Clinical 
     Center for the costs of building the billing infrastructure 
     for the pilot.
       Neuroblastoma.--The conferees note the promising results of 
     a recent clinical trial using a chimeric antibody to treat 
     newly diagnosed neuroblastoma patients. The conferees support 
     efforts to facilitate access to this new therapy for relapsed 
     patients and request an update in the fiscal year 2013 
     congressional budget request.
       Clinical Trials.--The conferees are aware of a 2010 IOM 
     study on clinical trials that identified a number of concerns 
     which may apply across all ICs.
       The conferees direct NIH to conduct a trans-NIH review of 
     the applicability of the 12 IOM recommendations to all NIH 
     ICs that conduct clinical trials. The review should examine 
     ways to develop and strengthen NIH-wide policies with a focus 
     on opportunities to improve the incorporation of innovative 
     science, increase speed of initiation and completion, improve 
     the means of setting priorities, and develop better 
     incentives for participation in clinical trials.
       The conferees note the report found it takes over 900 days 
     to open a clinical trial, but trials supported through the 
     American Recovery and Reinvestment Act developed methods to 
     open studies within 90 days. The conferees encourage NIH to 
     consider guidance to incorporate the 90-day opening model 
     into other NIH-wide clinical trial activity.
       The review should examine the policies of each IC regarding 
     funding for variable accrual costs per case, and ensure 
     consistent guidelines across NIH. Specifically, the review 
     should examine the viability and effect on speed of opening 
     trials of a multi-tier system in which payments for cost-per-
     accrual vary according to the time required to open the 
     trial. Furthermore, the review should examine the methods and 
     processes ICs use to prioritize clinical trials based on 
     peer-review input, funding, and other ways to optimize 
     selection of studies.
       The conferees request a report by September 30, 2012, that 
     identifies the findings, proposed policy changes, 
     implementation timeline, and key measures NIH will use to 
     monitor clinical trial activity.

       Substance Abuse and Mental Health Services Administration

       The conference agreement includes $3,354,313,000 for the 
     Substance Abuse and Mental Health Services Administration 
     (SAMHSA). In addition, the conference agreement makes 
     available $129,667,000 under section 241 of the Public Health 
     Service (PHS) Act.
       The conference agreement includes bill language that 
     divides SAMHSA into several accounts to improve transparency 
     and accountability. The conferees direct that future budget 
     requests, to include the fiscal year 2013 budget request, 
     reflect this new structure. Further, the conferees direct 
     SAMHSA to include in its budget justification the specific 
     funding increases, decreases and FTE changes being requested 
     by program, project or activity, along with a detailed 
     description of activities funded under each program, the 
     number of new and continuing grants made; the average grant 
     size; and a State-by-State table for any formula-based 
     funding for all budget lines included in this Statement of 
     the Managers. The conferees expect that SAMHSA shall not make 
     changes to any program, project, or activity as outlined by 
     the budget tables included in this Statement of the Managers 
     without prior notification to the House and Senate Committees 
     on Appropriations.
       The conferees have provided funding for Programs of 
     Regional and National Significance under each of SAMHSA's 
     statutorily-created Centers rather than consolidate funding 
     into a single account for Innovation and Emerging Issues, as 
     proposed in the budget request.


                             MENTAL HEALTH

       The conference agreement includes $934,853,000 for Mental 
     Health. In addition, $21,039,000 is made available under 
     section 241 of the PHS Act.
       Within the total provided for Mental Health Programs of 
     Regional and National Significance, the conference agreement 
     includes the following amounts:

------------------------------------------------------------------------
                     Budget activity                        Conference
------------------------------------------------------------------------
Capacity:
  Co-Occurring State Incentive Grant....................               0
  Seclusion & Restraint.................................       2,449,000
  Youth Violence Prevention.............................      23,200,000
  National Traumatic Stress Network.....................      45,800,000
  Children and Family Programs..........................       6,486,000
  Consumer and Family Network Grants ...................       6,236,000
  MH System Transformation and Health Reform............      10,623,000
  Project LAUNCH........................................      34,706,000
  Primary and Behavioral Health Care Integration........      30,807,000
  Community Resilience and Recovery Initiative..........               0
  Suicide Lifeline......................................       5,522,000
  GLS--Youth Suicide Prevention--States.................      29,738,000
  GLS--Youth Suicide Prevention--Campus.................       4,975,000
  AI/AN Suicide Prevention Initiative...................       2,944,000
  Homelessness Prevention Programs......................      30,830,000
  Older Adult Programs..................................               0
  Minority AIDS.........................................       9,283,000
  Criminal and Juvenile Justice Programs................       6,684,000
Science and Service:
  GLS--Suicide Prevention Resource Center...............       4,957,000
  Information Dissemination and Training................       7,878,000
  Consumer & Consumer Support T.A. Centers..............       1,927,000
  Primary/Behavioral Health Integration TA..............       2,000,000
  Minority Fellowship Program...........................       5,099,000
  Disaster Response.....................................       1,054,000
  Homelessness..........................................       2,306,000
  HIV/AIDS Education....................................         774,000
------------------------------------------------------------------------

       Within the funds provided for the National Child Traumatic 
     Stress Network, the conferees provide $1,000,000 for 
     continued data analysis and reports related to the National 
     Center for Child Traumatic Stress core data set.
       The conferees intend that funds provided to Project LAUNCH 
     should not duplicate activities eligible for funding 
     elsewhere in HHS.
       The conferees intend that all grants awarded for the 
     Primary and Behavioral Health Integration program are funded 
     under the authorities in section 520(K) of the PHS Act. In 
     addition, the conferees have provided $2,000,000 under a 
     separate budget line for SAMHSA to provide technical 
     assistance related to this program.
       Within the funds provided for the Minority Fellowship 
     Program, the conferees have provided an increase in funding 
     to allow SAMHSA to increase the pool of culturally competent 
     mental health professionals by granting professional 
     counselors eligibility to participate in the program.

[[Page H9636]]

                       SUBSTANCE ABUSE TREATMENT

       The conference agreement includes $2,123,993,000 for 
     Substance Abuse Treatment. In addition, $81,200,000 is made 
     available under section 241 of the PHS Act.
       Within the total provided for Programs of Regional and 
     National Significance, the conference agreement includes the 
     following amounts:

------------------------------------------------------------------------
                     Budget activity                        Conference
------------------------------------------------------------------------
Capacity:
    Co-occurring State Incentive Grants (SIGs)..........               0
    Opioid Treatment Programs/Regulatory Activities.....       8,903,000
    Screening, Brief Intervention, Referral, & Treatment      28,237,000
    TCE--General........................................      28,033,000
    Pregnant & Postpartum Women.........................      16,000,000
    Strengthening Treatment Access and Retention........       1,675,000
    Recovery Community Services Program.................       2,450,000
    Access to Recovery..................................      98,454,000
    Children and Families...............................      30,678,000
    Treatment Systems for Homeless......................      41,650,000
    Minority AIDS.......................................      65,988,000
    Criminal Justice Activities.........................      67,635,000
    NASPER..............................................               0
Science and Service:
    Addiction Technology Transfer Centers...............       9,081,000
    Minority Fellowship Program.........................         547,000
    Special Initiatives/Outreach........................       2,271,000
------------------------------------------------------------------------

       The conferees direct SAMHSA to ensure that Addiction 
     Technology Transfer Centers continue to maintain a primary 
     focus on addiction treatment and recovery services in order 
     to strengthen the addiction workforce.
       The conferees direct SAMHSA to ensure that all funding 
     appropriated to the Center for Substance Abuse Treatment for 
     drug treatment courts is allocated to serve people diagnosed 
     with a substance use disorder as their primary condition.
       The conferees direct SAMHSA to ensure that funds provided 
     for SBIRT are used for existing evidence-based models of 
     providing early intervention and treatment services to those 
     at risk of developing substance abuse disorders.


                       SUBSTANCE ABUSE PREVENTION

       The conference agreement includes $186,361,000 for 
     Substance Abuse Prevention.
       Within the total provided for Programs of Regional and 
     National Significance, the conference agreement includes the 
     following amounts:

------------------------------------------------------------------------
                     Budget activity                        Conference
------------------------------------------------------------------------
Capacity:
    Strategic Prevention Framework/Partnerships for          110,015,000
     Success............................................
    Mandatory Drug Testing..............................       5,206,000
    Minority AIDS.......................................      41,385,000
    Sober Truth on Preventing Underage Drinking (STOP          7,000,000
     Act)...............................................
        National Adult-Oriented Media Public Service           1,000,000
         Campaign.......................................
        Community-based Coalition Enhancement Grants....       5,000,000
        Intergovernmental Coordinating Committee on the        1,000,000
         Prevention of Underage Drinking................
Science and Service:
    Fetal Alcohol Spectrum Disorder.....................       9,821,000
    Center for the Application of Prevention                   8,074,000
     Technologies.......................................
    Science and Service Program Coordination............       4,789,000
    Minority Fellowship Program.........................          71,000
------------------------------------------------------------------------

       The conferees direct SAMHSA to fund the remaining cohort of 
     Strategic Prevention Framework State Incentive Grant grantees 
     at amounts not less than what they received in fiscal year 
     2011.
       The conferees note that building on the infrastructure of 
     current and past Drug Free Communities grantees is an 
     effective way to invest minimal federal dollars to address 
     underage drinking issues at the community level.


                HEALTH SURVEILLANCE AND PROGRAM SUPPORT

       The conference agreement includes $109,106,000 for health 
     surveillance and program support activities. In addition, 
     $27,428,000 is made available under section 241 of the PHS 
     Act.
       The conferees have included $3,500,000 to conduct Military 
     Families Initiatives policy academies.

               AGency for Healthcare Research and Quality


                    HEALTHCARE RESEARCH AND QUALITY

       The conference agreement includes a program level of 
     $369,053,000 for the Agency for Healthcare Research and 
     Quality. The conference agreement makes these funds available 
     through section 241 of the Public Health Service (PHS) Act.
       Within the total for the Crosscutting Activities Related to 
     Quality, Effectiveness and Efficiency Research portfolio, the 
     conferees provide $43,364,000 for investigator-initiated 
     research.

               Centers for Medicare and Medicaid Services


                     GRANTS TO STATES FOR MEDICAID

       The conference agreement includes $184,279,110,000 for the 
     Federal share of current law State Medicaid costs. In 
     addition, the agreement includes $90,614,082,000 for program 
     costs in the first quarter of fiscal year 2013.


                  PAYMENTS TO HEALTH CARE TRUST FUNDS

       The conference agreement includes $230,741,378,000 for the 
     Payments to Health Care Trust Funds account.


                           PROGRAM MANAGEMENT

       The conference agreement includes $3,879,476,000 for the 
     Program Management account. The agreement maintains the State 
     Health Insurance Assistance Program within the Program 
     Management account. The conferees recommend the following 
     levels within the Program Management account:

------------------------------------------------------------------------
                  Program Management
------------------------------------------------------------------------
Research, Demonstration and Evaluation................       $21,200,000
Program Operations....................................     2,663,935,000
State Survey and Certification........................       355,876,000
State High Risk Insurance Pools.......................        44,000,000
Federal Administration................................       794,465,000
------------------------------------------------------------------------

       The conferees include funding for Research, Demonstration, 
     and Evaluation activities, including the Medicare Current 
     Beneficiary Survey. The conferees encourage CMS to review the 
     programs within this account to determine if they are funded 
     in the appropriate budget line. Specifically, CMS is 
     encouraged to evaluate the advantages and disadvantages of 
     moving the Medicare Current Beneficiary Survey into the 
     Program Operations activity.
       Ambulatory Surgical Centers (ASC).--The conferees 
     understand that in 2008, ASCs provided 3.3 million Medicare 
     recipients with outpatient surgical services, including 
     screening services. The conferees have heard concerns related 
     to the use of the consumer price index for urban consumers 
     (CPI-U) to update the payment rates of ASCs, a different 
     method than is used for other comparable service providers. 
     The conferees request that CMS develop a report that compares 
     other potential options for updating the payment rates of 
     ASCs and report back the findings in the fiscal year 2013 
     budget request.
       CMS Test Environment for Testing Industry Solutions in 
     Secure Settings.--The conferees direct and provide $5,000,000 
     for CMS to provide a test environment ``sandbox'' where 
     vendors can work independently and with CMS to seek solutions 
     and execute ``proof of concept'' tests to Medicare issues in 
     a secure environment, using Medicare data, on CMS technical 
     architecture. The conferees recommend support within the 
     Enterprise IT Activities function to establish an isolated, 
     stand-alone test environment for independent vendor testing 
     of industry solutions that could provide significant benefit 
     to CMS operations. The test environment will provide 
     controlled access to Medicare data to run ``proof of 
     concept'' tests that determine solution effectiveness in 
     addressing Medicare issues such as improper payment and 
     quality measurement. The test environment must ensure data 
     privacy and security, comply with CMS technical architecture 
     standards, provide temporary access and secure connectivity 
     for vendor testing, and make relevant data sets available for 
     product testing. The conferees request a report and timeline 
     in the fiscal year 2013 budget request.
       Comparison of Residency Position.--The conferees request 
     CMS conduct an analysis evaluating the implementation of 
     Section 5503 of Public Law 111-148 on the allocation of 
     Medicare Graduate Medical Education (GME) resident slots to 
     hospitals. This analysis shall compare how residency slots 
     are allocated according to two assignment strategies. 
     Strategy one is the allocation of GME slots according to the 
     current final CMS Federal Rule as published in the Federal 
     Register on November 24, 2010. The current final rule states 
     that fiscal year 2009 report data not be included if it was 
     reported after March 23, 2010. Strategy two involves an 
     assessment of GME slot allocation which includes all fiscal 
     year 2009 cost reports, including data for hospitals whose 
     fiscal year ended on December 31, 2009, and as such have cost 
     data reported after March 23, 2010. The report of this 
     analysis shall include the number of Medicare GME slots 
     allocated to each hospital under the two different allocation 
     strategies. The conferees request CMS provide the final 
     report with the detailed hospital level information under 
     each option to the House and Senate Appropriations Committees 
     not later than 6 months after enactment.
       Dialysis Facilities.--The conferees are concerned by 
     reports of delays in the processing for surveys and 
     certifications for dialysis facilities and encourage CMS to 
     reduce the wait times. Further, the conferees request CMS 
     report back to the Congress within 6 months on major 
     impediments related to processing applications timely and 
     provide its plan to address these impediments.
       The conferees urge CMS to develop an overall strategic plan 
     that links its vision for operations, program integrity, 
     information technology, and other areas into a comprehensive 
     approach with measurable objectives and resources. The 
     conferees request a copy of this plan no later than 180 days 
     after enactment.


              HEALTH CARE FRAUD AND ABUSE CONTROL ACCOUNT

       The conference agreement includes $310,377,000 from the 
     Medicare trust funds for the Health Care Fraud and Abuse 
     Control Account.

                Administration for Children and Families


                   LOW INCOME HOME ENERGY ASSISTANCE

       The conference agreement includes $3,478,246,000 for the 
     Low Income Home Energy Assistance Program.


                     REFUGEE AND ENTRANT ASSISTANCE

       The conference agreement includes $769,789,000 for Refugee 
     and Entrant Assistance programs.
       Within the total provided for Transitional and Medical 
     Services, the conferees include $65,000,000 for the voluntary 
     agency matching grant program.
       Within the total for Unaccompanied Alien Children, the 
     conference agreement includes up to $6,100,000 for the pro 
     bono legal services pilot to ensure legal representation for 
     both released and detained children.


                 CHILD CARE AND DEVELOPMENT BLOCK GRANT

       The conference agreement includes $2,282,627,000 for the 
     Child Care and Development Block Grant.

[[Page H9637]]

                CHILDREN AND FAMILIES SERVICES PROGRAMS

       The conference agreement includes $9,926,709,000 for 
     Children and Families Services Programs. In addition, 
     $5,762,000 is made available under section 241 of the Public 
     Health Service (PHS) Act.
       The conferees direct that not later than 120 days after 
     enactment, ACF shall submit to the Committee on Health, 
     Education, Labor and Pensions of the Senate and the Committee 
     on Education and the Workforce of the House of 
     Representatives the results of the study related to suspected 
     and known instances of child abuse and neglect, as required 
     under section 110(d) of the Child Abuse Prevention and 
     Treatment Reauthorization Act of 2010.
       The conference agreement includes up to $10,000,000 for the 
     Healthy Foods Financing Initiative within the Community 
     Economic Development Program.


                   PROMOTING SAFE AND STABLE FAMILIES

       The conference agreement includes $345,000,000 in mandatory 
     funds for Promoting Safe and Stable Families.

                        Administration on Aging


                        AGING SERVICES PROGRAMS

       The conference agreement includes $1,473,703,000 for Aging 
     Services Programs. The conferees urge the Administration on 
     Aging (AA) to improve its consultation with the Committees on 
     Appropriations regarding any reallocation of funds that may 
     occur after the submission of its congressional 
     justification. The conferees have not transferred the SHIP 
     program from CMS.

                        Office of the Secretary


                    GENERAL DEPARTMENTAL MANAGEMENT

       The conference agreement includes $475,221,000 for General 
     Departmental Management. In addition, the conference 
     agreement includes $69,211,000 in funding from the Public 
     Health Service program evaluation set-aside.
       Within the funds for the Office of the Secretary, the 
     conference agreement designates $1,000,000 for the Office of 
     the Assistant Secretary for Financial Resources to begin 
     implementing a new, integrated system that can accurately 
     track and report the Department's finances, including by 
     source year of the appropriation.
       The conference agreement provides $9,000,000 for the Office 
     of the Assistant Secretary for Public Affairs.
       The conference agreement provides $250,000 for the Advisory 
     Council on Alzheimer's Research, Care and Services, 
     $1,000,000 for a competitive grant program to provide 
     assistance regarding transportation assistance for 
     individuals with disabilities, $1,000,000 to continue the 
     national health education program on lupus for healthcare 
     providers, and $3,010,000 to continue the preventing violence 
     against women initiative, all as proposed in Senate Report 
     112-84.
       In addition, the conference agreement includes $1,000,000 
     for the Assistant Secretary for Health to contract with the 
     National Academy of Sciences to conduct a scientific peer 
     review of the 12th Report on Carcinogens determinations 
     related to formaldehyde and styrene. Included in the review 
     should be all relevant, peer-reviewed research related to 
     both formaldehyde and styrene.
       The conference agreement includes no funding for the 
     Adolescent Family Life program, as proposed in the budget 
     request.
       The conference agreement provides $104,790,000 for the 
     teenage pregnancy prevention initiative. In addition, 
     $8,455,000 is to be derived from the Public Health Service 
     program evaluation set-aside, including $4,000,000 to carry 
     out evaluations (including longitudinal evaluations) of 
     teenage pregnancy prevention approaches.
       The conference agreement also includes $5,000,000 for an 
     abstinence education program.


                OFFICE OF MEDICARE HEARINGS AND APPEALS

       The conference agreement includes $72,147,000 for the 
     Office of Medicare Hearings and Appeals.


  OFFICE OF THE NATIONAL COORDINATOR FOR HEALTH INFORMATION TECHNOLOGY

       The conference agreement includes $61,257,000 for the 
     Office of the National Coordinator for Health Information 
     Technology, of which $16,446,000 is provided in budget 
     authority and $44,811,000 is made available through the 
     Public Health Service program evaluation set-aside.


                      OFFICE OF INSPECTOR GENERAL

       The conference agreement includes $50,178,000 for the 
     Office of Inspector General.


                        OFFICE FOR CIVIL RIGHTS

       The conference agreement includes $41,016,000 in budget 
     authority only for the Office for Civil Rights.


            PUBLIC HEALTH AND SOCIAL SERVICES EMERGENCY FUND

                     (INCLUDING TRANSFER OF FUNDS)

       The conference agreement includes $984,452,000 for the 
     Public Health and Social Services Emergency Fund.
       Within the total for Preparedness and Emergency Operations, 
     the conference agreement includes $10,000,000 to prepare for 
     and respond to non-Stafford Act National Special Security 
     Events and makes such funds available until September 30, 
     2014.
       The conferees direct the Biomedical Advanced Research and 
     Development Authority to develop a plan to deliver 
     recombinant anthrax vaccine to the Strategic National 
     Stockpile by 2015 and brief the House and Senate Committees 
     on Appropriations on such a plan not later than 60 days after 
     enactment of this Act.

                           General Provisions


          SALARY CAP ON GRANTS AND OTHER EXTRAMURAL MECHANISMS

       The conference agreement includes a general provision 
     capping the permitted use of grant and contract funds that 
     may be used to pay the salary of a grantee to Executive Level 
     II and applies the cap to all HHS operating divisions funded 
     in this Act.


                           TRANSFER AUTHORITY

                          (TRANSFER OF FUNDS)

       The conference agreement modifies a general provision 
     providing the Secretary of Health and Human Services the 
     authority to transfer up to 1 percent of discretionary funds 
     between appropriations accounts.


       CENTERS FOR DISEASE CONTROL AND PREVENTION STAFF TRAINING

       The conference agreement modifies a general provision 
     regarding Centers for Disease Control and Prevention 
     Individual Learning Accounts.


                   NIH MINOR REPAIRS AND ALTERATIONS

       The conference agreement modifies a general provision 
     allowing NIH to use up to $45,000,000 for alteration, repair 
     or improvement of its facilities and caps the amount that can 
     be spent on any single project to $3,500,000.


                              GUN CONTROL

       The conference agreement modifies a provision previously 
     carried in the CDC account that prohibits any HHS operating 
     division funded in this Act from being used to advocate or 
     promote gun control.


           FEDERALLY FUNDED RESEARCH AND DEVELOPMENT CENTERS

       The conference agreement includes a general provision 
     prohibiting creation of a new Federally Funded Research and 
     Development Center unless certain conditions are met.

                               TITLE III

                        DEPARTMENT OF EDUCATION

                    Education for the Disadvantaged

       The conference agreement includes $15,750,983,000 for 
     Education for the Disadvantaged. The conference agreement 
     provides $4,909,806,000 in fiscal year 2012 and 
     $10,841,177,000 in fiscal year 2013 funding for this account.
       For Title I School Improvement Grants, the conference 
     agreement continues bill language permitting fiscal year 2012 
     appropriations to be used by local educational agencies to 
     serve any Title I, part A-eligible school that has not made 
     adequate yearly progress for at least two years or is in a 
     State's lowest quintile of performance based on proficiency 
     rates and, in the case of secondary schools, priority shall 
     be given to those schools with graduation rates below 60 
     percent.
       The conference agreement includes language permitting the 
     Secretary to establish a maximum subgrant size of $2,000,000 
     for Title I School Improvement Grants and allows the 
     Secretary to reserve up to 5 percent of school improvement 
     funds for State and local capacity building.
       The conferees note that many children in schools receiving 
     SIG funds face myriad personal, familial, and community 
     challenges (including poverty-related stressors), and these 
     challenges follow students into their schools, often 
     resulting in distracting, disruptive, and ineffective 
     learning environments. Even the best school leaders and 
     teachers cannot achieve optimal results unless poverty-
     related barriers to teaching, learning, and school 
     organization are addressed and effective conditions for 
     learning are established. These barriers to teaching and 
     learning must be addressed in addition to in-school factors 
     in order to achieve sustained academic success.
       The conferees direct the Department to require that all 
     schools receiving SIG funds have a plan in place for 
     addressing the academic and non-academic needs of their 
     students, including improving the overall school climate 
     where necessary, in addition to addressing factors such as 
     the usage of time, instructional practices, and professional 
     development and supports. The conferees expect the plan to 
     assess and address as appropriate the mental health needs and 
     interventions of the students at the school in an integrated 
     manner within the overall turnaround strategy; related 
     training and professional development for all staff that 
     increase classroom efficacy such as classroom organization 
     and management, including teachers and administrators; access 
     to school-based counseling services; the development of 
     school-based systems, such as teams, to identify and address 
     individual student academic, behavioral, health, or social 
     needs and to support a positive and developmentally 
     appropriate school climate; and how parents, families and the 
     community will be engaged in this and other aspects of the 
     school turnaround process.
       For the Striving Readers program, the conference agreement 
     includes $160,000,000 and bill language to continue a 
     comprehensive literacy program for States.

                               Impact Aid

       The conference agreement includes $1,293,631,000 for Impact 
     Aid. In addition, the conference agreement includes bill 
     language providing for competitive grants for Impact Aid 
     construction grants.

                      School Improvement Programs

       The conference agreement includes $4,550,018,000 for the 
     School Improvement

[[Page H9638]]

     Programs account. The conference agreement provides 
     $2,868,577,000 in fiscal year 2012 and $1,681,441,000 in 
     fiscal year 2013 funding for this account.
       Within the amount provided for Teacher Quality State 
     Grants, the conference agreement provides a set aside of one 
     and one-half percent of funds for competitive awards for 
     teacher or principal training or professional enhancement 
     activities to national not-for-profit organizations.
       The conference agreement includes bill language that allows 
     funds under the Education of Native Hawaiians program to be 
     used for construction, renovation, and modernization of any 
     elementary school, secondary school, or related structure run 
     by the Department of Education of the State of Hawaii that 
     serves a predominantly Native Hawaiian student body.
       The conference agreement also includes bill language that 
     requires the Alaska Native Education program to be awarded 
     without regard to earmarks included in the program's 
     authorizing statute. The conference agreement also allows 
     funds within this program to be used for construction.
       The conferees intend that in providing the technical 
     assistance and guidance described in Senate Report 112-84, 
     the Department of Education should not give priority to, show 
     preference for, or provide direction about whether 
     communities use 21st Century Community Learning Center funds 
     for after school, before school, summer school or extended 
     school day programs, unless specifically requested by a State 
     or local educational agency.
       The conference agreement provides $27,000,000 for the 
     Advanced Placement program. The conferees intend that 
     $20,000,000 of these funds be used to continue the Advanced 
     Placement Test Fee program and that $7,000,000 be used for 
     continuation costs for the Advanced Placement Incentive 
     Program.

                            Indian Education

       The conference agreement includes $131,027,000 for Indian 
     Education.
       The conferees recognize that tribal education departments 
     and agencies are uniquely situated at the local level to 
     implement innovative education programs to improve Native 
     American education. Accordingly, the conference agreement 
     includes $2,000,000 under the National Activities line for a 
     pilot project to increase the role of tribal education 
     departments in Native American education. In the pilot, 
     tribal education agencies would directly administer some 
     Elementary and Secondary Education Act programs to enter into 
     collaborative agreements with States to work closely with 
     school districts located on Indian reservations or former 
     Indian reservations located in Oklahoma. The conferees expect 
     the Department of Education to collaborate with the Bureau of 
     Indian Affairs on this effort.

                       Innovation and Improvement

       The conference agreement includes $1,530,429,000 for 
     Innovation and Improvement.
       The conference agreement includes $550,000,000 for the Race 
     to the Top program and authorizes the Secretary to make 
     grants under this authority to local educational agencies. 
     The conferees expect that the Secretary will include a robust 
     early childhood education component in administering the Race 
     to the Top competition. The conference agreement also 
     authorizes the Secretary to use up to five percent of funds 
     under the Race to the Top and Investing in Innovation 
     authorities for technical assistance and evaluation of these 
     programs.
       The conference agreement continues language in the Teacher 
     Incentive Fund program that provides for competitive grants 
     to implement performance-based compensation systems for 
     teachers, principals and other personnel in high-need 
     schools.
       In the charter schools program, the conference agreement 
     continues language requiring $23,000,000 to be used to 
     support charter school facilities needs. The conference 
     agreement also includes language allowing the Secretary to 
     reserve up to $55,000,000 to make multiple awards to 
     nonprofit charter management organizations and other entities 
     that are not-for-profit entities for replication and 
     expansion of successful charter school models.
       The conference agreement also includes bill language for 
     the charter school program requiring the Secretary of 
     Education to reserve up to $11,000,000 for national 
     activities for technical assistance, evaluation and to make 
     grants to authorized public chartering agencies in order to 
     increase the number of high-performing charter schools.
       Within FIE, the conference agreement includes funding for 
     the following activities in the following amounts:

------------------------------------------------------------------------
                                                            Conference
                     Budget activity                         agreement
------------------------------------------------------------------------
Arts in Education.......................................     $25,000,000
Data Quality and Evaluation.............................       1,300,000
Full Service Community Schools..........................      10,113,000
National Clearinghouse for Educational Facilities.......         733,000
Peer Review.............................................         100,000
------------------------------------------------------------------------

       The conference agreement also includes $28,654,000 for a 
     literacy initiative within FIE as described in Senate Report 
     112-84.

                 Safe Schools and Citizenship Education

       The conference agreement includes $256,237,000 for Safe 
     Schools and Citizenship Education. Within this total, 
     $60,000,000 is provided for Promise Neighborhoods with 
     funding available through December 31, 2012.

                      English Language Acquisition

       The conference agreement includes $733,530,000 for English 
     Language Acquisition.

                           Special Education

       The conference agreement includes $12,647,066,000 for 
     Special Education. The conference agreement provides 
     $3,363,683,000 in fiscal year 2012 and $9,283,383,000 in 
     fiscal year 2013 funding for this account.
       The conference agreement includes $2,000,000 to remain 
     available through September 30, 2013 for a program to improve 
     the outcomes of children receiving Supplemental Security 
     Income (SSI) benefits and their families. The agreement 
     allows States to subgrant funds to other public and 
     private non-profit entities. The conferees note that 
     additional funds for this PROMISE initiative are available 
     through the Rehabilitation Services and Disability 
     Research Account and Social Security Administration.

            Rehabilitation Services and Disability Research

       The conference agreement includes $3,512,019,000 for 
     Rehabilitation Services and Disability Research.
       The conference agreement includes language allowing the 
     Secretary to use amounts that remain available after 
     reallotment of State vocational rehabilitation funds for 
     activities to improve the outcomes of children receiving SSI 
     benefits and their families, allows States to make subgrants 
     of such funds to other public and private, non-profit 
     entities and extends availability of these funds to September 
     30, 2013.
       The conference agreement provides $2,000,000 for 
     competitive grants to support alternative financing programs 
     that provide for the purchase of assistive technology (AT) 
     devices. The conferees' goal in providing these funds is to 
     allow greater access to affordable financing to help people 
     with disabilities purchase the specialized technologies 
     needed to live independently, to succeed at school and work 
     and to otherwise live active and productive lives. The 
     conferees intend that applicants incorporate credit building 
     activities in their programs, including financial education 
     and information about other possible funding sources. 
     Successful applicants must emphasize consumer choice and 
     control and build programs that will provide financing for 
     the full array of AT devices and services and ensure that all 
     people, regardless of type of disability or health condition, 
     age, level of income and residence have access to the 
     program.

           Special Institutions for Persons with Disabilities


               NATIONAL TECHNICAL INSTITUTE FOR THE DEAF

       The conference agreement includes $65,546,000 for 
     operations for the National Technical Institute for the Deaf. 
     The conferees have consolidated funds into the operations 
     line for NTID this year due to fiscal constraints, but will 
     consider construction funding for NTID in the future as needs 
     may warrant.


                          GALLAUDET UNIVERSITY

       The conference agreement includes $125,754,000 for 
     Gallaudet University. The conference agreement includes bill 
     language designating $7,990,000 of this amount for 
     construction and provides that the funds are available until 
     expended.

                 Career, Technical, and Adult Education

       The conference agreement includes $1,738,946,000 for 
     Career, Technical, and Adult Education. The conference 
     agreement provides $947,946,000 in fiscal year 2012 funding 
     and $791,000,000 in fiscal year 2013 funding for this 
     account.

                      Student Financial Assistance

       The conference agreement includes $24,538,521,000 for 
     Student Financial Assistance.
       The conference agreement includes $22,824,000,000 for the 
     Pell Grant program. The funds in this conference agreement 
     will support a $4,860 maximum discretionary Pell grant for 
     the 2012-2013 award year.
       The conferees concur that the Department shall provide the 
     same funding in fiscal year 2012 for the Work Colleges 
     program authorized under section 448 of the Higher Education 
     Act from the Federal Work-Study Program appropriation.

                       Student Aid Administration

       The conference agreement includes $1,045,363,000 for 
     student aid administration. Within the total, $370,000,000 is 
     provided for servicing activities and $675,363,000 is 
     provided for salaries and expenses to remain available until 
     September 30, 2013.
       The conferees direct the Department to provide a report by 
     April 1, 2012 and quarterly reports thereafter detailing 
     their obligation plan by quarter for spending mandatory and 
     discretionary funding for student aid administrative 
     activities broken out by servicer, activity and funding 
     source.

                            Higher Education

       The conference agreement includes $1,873,196,000 for Higher 
     Education.
       The conference agreement provides $74,177,000 for 
     International Education and Foreign Language Studies. The 
     conferees acknowledge that funding provided in the conference 
     agreement for international education will likely only allow 
     funding for continuation costs. The conferees encourage the 
     Department to look for ways to support undergraduate study 
     abroad programs as authorized by section 604 of the Higher 
     Education Act (HEA).

[[Page H9639]]

       The conference agreement includes language that allows 
     international education funds to be used to support visits 
     and study in foreign countries to develop language skills and 
     allows up to one percent of international education funds to 
     be used for evaluation, outreach and information 
     dissemination. The conferees direct the Secretary to use 
     international education domestic program funding to maintain 
     a focus on continuing instruction in foreign languages that 
     are less commonly taught, emphasize those critical for 
     national security, and to maintain a pool of international 
     experts for national security needs.
       The conference agreement continues language that requires 
     recipients of a multi-year award under the tribal colleges 
     program to continue to receive the amount they would have 
     received prior to the Higher Education Act's reauthorization 
     in accordance with the original award terms.
       The conference agreement includes language which 
     consolidates the Javits Fellowship program within the 
     Graduate Assistance in Areas of National Need Program as 
     proposed by the Administration.
       Within the amount for FIPSE, the conference agreement 
     includes $1,130,000 for the Training for Realtime Writers 
     program. The conferees direct that these funds be awarded in 
     accordance with section 872 of the HEA.
       Within the amount for FIPSE, $2,103,000 is included for the 
     European Union-United States Atlantis Program. The conferees 
     direct that these funds be awarded in accordance with section 
     744 of the HEA.
       Within the amount for FIPSE, $267,000 is for continuation 
     of a data contract.
       The conferees continue to be concerned with the tardiness 
     of the Department in making TRIO and GEARUP awards this year. 
     Accordingly, the conferees direct the Department to provide a 
     report to the Committees on Appropriations of both the House 
     and the Senate outlining the causes of grant award delays and 
     providing an action plan for remedying this situation in the 
     future.

                           Howard University

       The conference agreement provides $234,507,000 for support 
     for Howard University and Howard University Hospital.

  Historically Black College and University Capital Financing Program

       The conference agreement includes $20,541,000 for the HBCU 
     Capital Financing Program. The conference agreement provides 
     a total loan principal of $367,255,000 and includes language 
     to allow funds to be used to support loans without regard to 
     section 344(a) of the Higher Education Act.

                    Institute of Education Sciences

       The conference agreement includes $594,788,000 for the 
     Institute of Education Sciences to remain available through 
     fiscal year 2013. The agreement provides $11,000,000 for 
     awards to public or private organizations or agencies to 
     support activities to improve data coordination, quality and 
     use at the local, State and national levels and modifies 
     language to clarify that funds for statewide data systems may 
     be used to link various State systems together.

                        Departmental Management


                         PROGRAM ADMINISTRATION

       The conference agreement includes $447,104,000 for Program 
     Administration.
       The conferees are aware that the Government Accountability 
     Office issued a report this year which identified 82 federal 
     programs designed to improve teacher quality spread across 
     several federal agencies, including 64 at the Department of 
     Education. The conferees note that the report ``recognize[d] 
     that there could be instances where some degree of program 
     duplication, overlap, or fragmentation may be warranted due 
     to the nature or magnitude of the federal effort''. The 
     conferees also note that under the fiscal year 2011 bill and 
     this conference agreement nearly 25 percent of the identified 
     programs within the Department have been consolidated or 
     eliminated.The conferees request the Department to issue a 
     report within 180 days of enactment of this Act that 
     identifies remaining programs designed to improve teacher 
     quality, which agency administers the program, the most 
     recent program evaluation data available for each (if any), 
     and includes recommendations on how agencies can better 
     collaborate and coordinate on administration of these 
     programs.

                           General Provisions


                           TRANSFER OF FUNDS

       The conference agreement includes language allowing the 
     Secretary to transfer not to exceed one percent of 
     appropriated funds between appropriations, provided that no 
     appropriation is increased by more than three percent as a 
     result of such transfer, and that no new programs are 
     created, nor programs for which funds were not appropriated 
     are funded, as a result of such transfer. The conference 
     agreement also requires the Secretary to notify the 
     Committees on Appropriations of both the House and the Senate 
     at least 15 days in advance of any transfer.


                   OUTLYING AREAS FUNDS CONSOLIDATION

       The conference agreement includes a general provision that 
     extends Palau's eligibility to participate in certain 
     education programs through the end of fiscal year 2012.


                            PELL ELIGIBILITY

       The conference agreement includes changes to limit the 
     number of full-time equivalent Pell grants to a lifetime 
     maximum of six years/twelve semesters; to lower the adjusted 
     gross income level at which an expected family contribution 
     will automatically receive a ``zero'' to $23,000; to raise 
     the minimum award for eligibility to ten percent of the 
     maximum award; and to require students to either have 
     completed a high school diploma, a GED, or have been 
     homeschooled to be eligible for a Pell award, unless they 
     were enrolled prior to July 1, 2012. The conference agreement 
     further provides that these provisions will take effect on 
     July 1, 2012 and that negotiated rulemaking will not apply to 
     changes made by these amendments.


                      INTEREST SUBSIDY ELIMINATION

       The conference agreement includes language that suspends 
     for two years the interest subsidies on loans made on or 
     after July 1, 2012 through June 30, 2014 during the six-month 
     grace period following a student's withdrawal or graduation.


                           STUDENT LOAN INDEX

       The conference agreement includes language that changes the 
     index used for holders of federal student loans from 
     commercial paper to LIBOR.

                   HBCU Gulf Hurricane Disaster Loans

       The conference agreement includes language that authorizes 
     the Secretary to modify terms of Gulf hurricane disaster 
     loans to HBCUs if such modifications result in no net cost to 
     the government and if such modifications are approved by the 
     Departments of Education, Treasury and the Office of 
     Management and Budget.


                 RACE TO THE TOP SUBGRANTING AUTHORITY

       The conference agreement includes language that clarifies 
     that a State may make subgrants to public or private agencies 
     and organizations under the early childhood component of the 
     Race to the Top program. Not later than 60 days after 
     enactment of this Act, the conferees direct the Department to 
     provide a briefing on expected outcomes of grantees awarded 
     funds from the fiscal year 2011 Race to the Top 
     appropriation, including specifically how this subgranting 
     authority will contribute to the successful implementation of 
     State plans.

                                TITLE IV

                            RELATED AGENCIES

 Committee for Purchase from People who are Blind or Severely Disabled

       The conference agreement includes $5,385,000 for the 
     Committee for Purchase from People Who Are Blind or Severely 
     Disabled.

             Corporation for National and Community Service


                           OPERATING EXPENSES

       The conference agreement includes $751,672,000 for the 
     operating expenses of the programs administered by the 
     Corporation for National and Community Service (CNCS).
       Within the total provided for Innovation, Assistance, and 
     Other Activities, the conference agreement includes 
     $53,381,000, which includes $44,900,000 for the Social 
     Innovation Fund, $3,992,000 for the Volunteer Generation 
     Fund, and $1,000,000 for the Martin Luther King Day of 
     Service. The conferees have included language allowing CNCS 
     to make minimum grants of $200,000 to State Service 
     Commissions to spread funding more equitably across the 
     Nation.


                         NATIONAL SERVICE TRUST

                     (INCLUDING TRANSFER OF FUNDS)

       The conference agreement includes $212,198,000 for the 
     National Service Trust.


                         SALARIES AND EXPENSES

       The conference agreement includes $83,000,000 for the CNCS 
     Salaries and Expenses.


                           INSPECTOR GENERAL

       The conference agreement includes $4,000,000 for the CNCS 
     Inspector General Office.


                       ADMINISTRATIVE PROVISIONS

       The conferees have included a new provision that clarifies 
     the use of Education Awards at G.I. Bill institutions related 
     to CNCS.

                  Corporation for Public Broadcasting

       The conference agreement includes a fiscal year 2014 
     advance appropriation of $445,000,000 for the Corporation for 
     Public Broadcasting (CPB).
       In addition, the conferees request CPB provide a report 
     within 180 days of enactment to House and Senate Committees 
     on Appropriations on alternative sources of funding for 
     public broadcasting stations in lieu of federal funding.

               Federal Mediation and Conciliation Service


                         SALARIES AND EXPENSES

       The conference agreement includes $46,250,000 for the 
     Federal Mediation and Conciliation Service and does not 
     include funding for the Labor-Management Cooperation Grant 
     program.

            Federal Mine Safety and Health Review Commission


                         SALARIES AND EXPENSES

       The conference agreement includes $17,637,000 for the 
     Federal Mine Safety and Health Review Commission.

                Institute of Museum and Library Services


    OFFICE OF MUSEUM AND LIBRARY SERVICES: GRANTS AND ADMINISTRATION

       The conference agreement includes $232,393,000 for the 
     Institute of Museum and Library Services (IMLS).

[[Page H9640]]

       Within the total for IMLS, the conference agreement 
     includes funds for the following activities in the following 
     amounts:

------------------------------------------------------------------------
                     Budget activity                        Conference
------------------------------------------------------------------------
Library Services Technology Act:
    Grants to States....................................         156,661
    Native American Library Services....................           3,876
    National Leadership: Libraries......................          11,968
    Laura Bush 21st Century Librarian...................          12,548
Museum Services Act:
    Museums for America.................................          18,064
    21st Century Museum Professionals...................           1,972
    Conservation Project Support........................           2,619
    Native American/Hawaiian Museum Services............             927
    National Leadership: Museums........................           5,923
African American History and Culture Act:
    Museum Grants for African American History & Culture           1,413
Program Administration..................................          16,422
------------------------------------------------------------------------

       Within the amount provided for Program Administration, the 
     conference agreement includes $1,889,000 for research and 
     data collection activities.

            Medicaid and CHIP Payment and Access Commission


                         salaries and expenses

       The conference agreement includes $6,000,000 for the 
     Medicaid and CHIP Payment and Access Commission.

                  MEDICARE PAYMENT ADVISORY COMMISSION


                         SALARIES AND EXPENSES

       The conference agreement includes $11,800,000 for the 
     Medicare Payment Advisory Commission.

                     National Council on Disability

       The conference agreement includes $3,264,000 for the 
     National Council on Disability.

                     National Labor Relations Board


                         SALARIES AND EXPENSES

       The conference agreement includes $278,833,000 for the 
     National Labor Relations Board.


                       ADMINISTRATIVE PROVISIONS

       The conference agreement includes a new provision that 
     prohibits the National Labor Relations Board from issuing any 
     new administrative directive or regulation related to 
     electronic voting.

                       Railroad Retirement Board


                      LIMITATION ON ADMINISTRATION

       The conference agreement includes $108,855,000 for 
     administrative expenses of the Railroad Retirement Board.

                     Social Security Administration


                      SUPPLEMENTAL SECURITY INCOME

       The conference agreement includes $37,582,991,000 for the 
     Supplemental Security Income (SSI) program. Within this 
     amount, the agreement includes $8,000,000, available through 
     fiscal year 2013, for the Research and Demonstration activity 
     conducted under sections 1110 and 1144 of the Social Security 
     Act to support research activities like PROMISE, the 
     Occupational Information System, and the Disability Research 
     Consortium. The conferees encourage the Commissioner to 
     develop policies related to section 1110 research portfolio 
     governance related to funding and ensure projects meet the 
     intent of section 1110. Such policies should ensure that 
     research projects, with very limited exceptions, are either 
     discontinued or graduated into a more appropriate funding 
     line within 5 years from project's beginning. The conferees 
     direct SSA to include in its operating plan funding 
     allocations by project at the level of detail included in its 
     congressional budget justification and expect advance 
     notification of any subsequent realignment of funds within 
     those activities.


                 LIMITATION ON ADMINISTRATIVE EXPENSES

       The conference agreement includes $10,984,494,000 for a 
     Limitation on Administrative Expenses (LAE) for the SSA, 
     including dedicated program integrity funding and applicable 
     user fees.
       Information Technology Investments.--The conferees direct 
     SSA to include information in its congressional budget 
     justification each year regarding LAE expired unobligated 
     balances and the amount made available from these balances 
     without fiscal year limitation for information technology 
     investments. This should include actual or estimated amounts 
     for the prior, current, and budget years. In addition, the 
     conferees direct SSA to include a consolidated information 
     technology plan in its congressional budget justification 
     each year, including the total amount of Information 
     Technology (IT) expenses and the actual or estimated amount 
     paid for with LAE funds and no-year IT funds.
       Independent SSA Resource Analysis and Strategy.--With a 
     large percentage of SSA's workforce eligible for retirement, 
     and short- and long-term constraint on available resources, 
     the conferees are concerned that SSA faces continued service 
     delivery challenges in the coming decades. Therefore, the 
     conferees provide SSA with up to $500,000 to contract with 
     the National Academy of Public Administration to develop and 
     submit a report proposing a long-range strategic plan for 
     SSA's consideration. This report shall be conducted in 
     consultation with SSA and its stakeholders and address the 
     following: an evaluation of SSA's existing organizational 
     structure, workforce capacity, physical infrastructure and 
     review of SSA's electronic service delivery and investment in 
     automation and information technology. The report shall be 
     submitted within 180 days of enactment to the House and 
     Senate Committees on Appropriations, the House Committee on 
     Ways and Means and the Senate Committee on Finance.
       Annual Social Security Statement Review.--The conferees 
     note the public value of the annual Social Security 
     statement. The conferees encourage the Commissioner to 
     examine a broad range of options for continuing to provide 
     the information included in the annual statement to the 
     public and request a report no later than March 2012 to 
     examine options to continue to do so. The report should 
     examine the advantages and disadvantages, costs, benefits, 
     and other potential implications to each method considered. 
     The conferees request the Commissioner submit the report to 
     the House and Senate Committees on Appropriations, the House 
     Committee on Ways and Means and the Senate Committee on 
     Finance.
       DOL and SSA Occupational Handbook.--The conferees 
     appreciate the steps SSA has taken to update occupational 
     information used by the SSA to adjudicate claims for 
     disability benefits. The conferees urge DOL and SSA to 
     continue to work together on this effort and submit a joint 
     report to the House and Senate Committees on Appropriations, 
     the House Committee on Ways and Means, and the Senate 
     Committee on Finance with a timeline, major milestones, and 
     projected 5-year costs of this project within 180 days of 
     enactment of this bill and to provide annual progress reports 
     thereafter.
       Budget Request.-- The conferees direct SSA to include the 
     following information in its annual budget requests, 
     operating plans, and reprogramming requests:
       SSI Extramural Research and Demonstration program, project, 
     and activity details;
       Annual fiscal year workload table on disability appeals at 
     the same level of detail as provided in the House fiscal year 
     2011 questions for the record;
       Annual performance targets for pending cases and processing 
     times for the reconsideration level of appeal;
       Updates on the new national data center project milestones 
     and plans to use the projected IT refresh/replacement, 
     operations, and repair/maintenance funds over the next 5 
     years to outfit the new facility;
       FTE table by major component for the prior actual year at 
     the level of detail as answered in the House fiscal year 2011 
     hearing question for the record; and
       Identification of key assumption and cost drivers for each 
     program.
       The conferees note the required operating plan and 
     reprogramming rules in the bill apply to SSA at the program, 
     project, and activity level for all funds provided.


                    OFFICE OF THE INSPECTOR GENERAL

                     (INCLUDING TRANSFER OF FUNDS)

       The conference agreement includes $102,477,000 for the SSA 
     Office of the Inspector General (OIG).
       Video Technology.--The conferees note the recent 
     Administrative Conference of the United States report that 
     referred to ODAR's use of video technology as a model for 
     other agencies. The conferees request a report by OIG within 
     180 days of enactment analyzing legislative and 
     administrative options, including potential challenges, for 
     expanding access to video hearings. The report should analyze 
     the costs and benefits to the claimant, claimant 
     representatives, and taxpayers related to the current use and 
     potential expansion of the use of video hearings by SSA. The 
     report should be sent to the House and Senate Appropriations 
     Committees, the House Committee on Ways and Means and the 
     Senate Committee on Finance.

                                TITLE V

                           GENERAL PROVISIONS


                          LOBBYING RESTRICTION

       The conference agreement modifies a general provision 
     related to lobbying.


                       STATUS OF FUNDS REPORTING

       The conference agreement includes a general provision that 
     requires the Departments of Labor, Health and Human Services, 
     and Education and the Social Security Administration to 
     report quarterly on unobligated balances, by source year, 
     beginning on October 1, 2012. The conferees direct the 
     Departments of Labor, Health and Human Services, and 
     Education and the Social Security Administration to continue 
     providing quarterly status of funds reports as have been 
     provided during fiscal year 2011.

[[Page H9641]]

     [GRAPHIC] [TIFF OMITTED] TH15DE11.367
     


[[Page H9642]]

     [GRAPHIC] [TIFF OMITTED] TH15DE11.368
     


[[Page H9643]]

     [GRAPHIC] [TIFF OMITTED] TH15DE11.369
     


[[Page H9644]]

     [GRAPHIC] [TIFF OMITTED] TH15DE11.370
     


[[Page H9645]]

     [GRAPHIC] [TIFF OMITTED] TH15DE11.371
     


[[Page H9646]]

     [GRAPHIC] [TIFF OMITTED] TH15DE11.372
     


[[Page H9647]]

     [GRAPHIC] [TIFF OMITTED] TH15DE11.373
     


[[Page H9648]]

     [GRAPHIC] [TIFF OMITTED] TH15DE11.374
     


[[Page H9649]]

     [GRAPHIC] [TIFF OMITTED] TH15DE11.375
     


[[Page H9650]]

     [GRAPHIC] [TIFF OMITTED] TH15DE11.376
     


[[Page H9651]]

     [GRAPHIC] [TIFF OMITTED] TH15DE11.377
     


[[Page H9652]]

     [GRAPHIC] [TIFF OMITTED] TH15DE11.378
     


[[Page H9653]]

     [GRAPHIC] [TIFF OMITTED] TH15DE11.379
     


[[Page H9654]]

     [GRAPHIC] [TIFF OMITTED] TH15DE11.380
     


[[Page H9655]]

     [GRAPHIC] [TIFF OMITTED] TH15DE11.381
     


[[Page H9656]]

     [GRAPHIC] [TIFF OMITTED] TH15DE11.382
     


[[Page H9657]]

     [GRAPHIC] [TIFF OMITTED] TH15DE11.383
     


[[Page H9658]]

     [GRAPHIC] [TIFF OMITTED] TH15DE11.384
     


[[Page H9659]]

     [GRAPHIC] [TIFF OMITTED] TH15DE11.385
     


[[Page H9660]]

     [GRAPHIC] [TIFF OMITTED] TH15DE11.386
     


[[Page H9661]]

     [GRAPHIC] [TIFF OMITTED] TH15DE11.387
     


[[Page H9662]]

     [GRAPHIC] [TIFF OMITTED] TH15DE11.388
     


[[Page H9663]]

     [GRAPHIC] [TIFF OMITTED] TH15DE11.389
     


[[Page H9664]]

     [GRAPHIC] [TIFF OMITTED] TH15DE11.390
     


[[Page H9665]]

     [GRAPHIC] [TIFF OMITTED] TH15DE11.391
     


[[Page H9666]]

     [GRAPHIC] [TIFF OMITTED] TH15DE11.392
     


[[Page H9667]]

     [GRAPHIC] [TIFF OMITTED] TH15DE11.393
     


[[Page H9668]]

     [GRAPHIC] [TIFF OMITTED] TH15DE11.394
     


[[Page H9669]]

     [GRAPHIC] [TIFF OMITTED] TH15DE11.395
     


[[Page H9670]]

     [GRAPHIC] [TIFF OMITTED] TH15DE11.396
     


[[Page H9671]]

     [GRAPHIC] [TIFF OMITTED] TH15DE11.397
     


[[Page H9672]]

     [GRAPHIC] [TIFF OMITTED] TH15DE11.398
     


[[Page H9673]]

     [GRAPHIC] [TIFF OMITTED] TH15DE11.399
     


[[Page H9674]]

     [GRAPHIC] [TIFF OMITTED] TH15DE11.400
     


[[Page H9675]]

     [GRAPHIC] [TIFF OMITTED] TH15DE11.401
     


[[Page H9676]]

     [GRAPHIC] [TIFF OMITTED] TH15DE11.402
     


[[Page H9677]]

     [GRAPHIC] [TIFF OMITTED] TH15DE11.403
     


[[Page H9678]]

     [GRAPHIC] [TIFF OMITTED] TH15DE11.404
     


[[Page H9679]]

     [GRAPHIC] [TIFF OMITTED] TH15DE11.405
     


[[Page H9680]]

     [GRAPHIC] [TIFF OMITTED] TH15DE11.406
     


[[Page H9681]]

     [GRAPHIC] [TIFF OMITTED] TH15DE11.407
     


[[Page H9682]]

     [GRAPHIC] [TIFF OMITTED] TH15DE11.408
     


[[Page H9683]]

     [GRAPHIC] [TIFF OMITTED] TH15DE11.409
     


[[Page H9684]]

     [GRAPHIC] [TIFF OMITTED] TH15DE11.410
     


[[Page H9685]]

     [GRAPHIC] [TIFF OMITTED] TH15DE11.411
     


[[Page H9686]]

     [GRAPHIC] [TIFF OMITTED] TH15DE11.412
     


[[Page H9687]]

     [GRAPHIC] [TIFF OMITTED] TH15DE11.413
     


[[Page H9688]]

     [GRAPHIC] [TIFF OMITTED] TH15DE11.414
     


[[Page H9689]]

     [GRAPHIC] [TIFF OMITTED] TH15DE11.415
     


[[Page H9690]]

     [GRAPHIC] [TIFF OMITTED] TH15DE11.416
     


[[Page H9691]]

     [GRAPHIC] [TIFF OMITTED] TH15DE11.417
     


[[Page H9692]]

     [GRAPHIC] [TIFF OMITTED] TH15DE11.418
     


[[Page H9693]]

     [GRAPHIC] [TIFF OMITTED] TH15DE11.419
     


[[Page H9694]]

     [GRAPHIC] [TIFF OMITTED] TH15DE11.420
     


[[Page H9695]]

     [GRAPHIC] [TIFF OMITTED] TH15DE11.421
     


[[Page H9696]]

     [GRAPHIC] [TIFF OMITTED] TH15DE11.422
     


[[Page H9697]]

     [GRAPHIC] [TIFF OMITTED] TH15DE11.423
     


[[Page H9698]]

     [GRAPHIC] [TIFF OMITTED] TH15DE11.424
     


[[Page H9699]]

     [GRAPHIC] [TIFF OMITTED] TH15DE11.425
     


[[Page H9700]]

     [GRAPHIC] [TIFF OMITTED] TH15DE11.426
     


[[Page H9701]]

     [GRAPHIC] [TIFF OMITTED] TH15DE11.427
     


[[Page H9702]]

     [GRAPHIC] [TIFF OMITTED] TH15DE11.428
     


[[Page H9703]]

     [GRAPHIC] [TIFF OMITTED] TH15DE11.429
     


[[Page H9704]]

     [GRAPHIC] [TIFF OMITTED] TH15DE11.430
     


[[Page H9705]]

     [GRAPHIC] [TIFF OMITTED] TH15DE11.431
     


[[Page H9706]]

     [GRAPHIC] [TIFF OMITTED] TH15DE11.432
     


[[Page H9707]]

     [GRAPHIC] [TIFF OMITTED] TH15DE11.433
     


[[Page H9708]]

     [GRAPHIC] [TIFF OMITTED] TH15DE11.434
     


[[Page H9709]]

     [GRAPHIC] [TIFF OMITTED] TH15DE11.435
     


[[Page H9710]]

     [GRAPHIC] [TIFF OMITTED] TH15DE11.436
     


[[Page H9711]]

     [GRAPHIC] [TIFF OMITTED] TH15DE11.437
     


[[Page H9712]]

     [GRAPHIC] [TIFF OMITTED] TH15DE11.438
     


[[Page H9713]]

     [GRAPHIC] [TIFF OMITTED] TH15DE11.439
     


[[Page H9714]]

     [GRAPHIC] [TIFF OMITTED] TH15DE11.440
     


[[Page H9715]]

        DIVISION G--LEGISLATIVE BRANCH APPROPRIATIONS ACT, 2012

       The following is an explanation of the effects of Division 
     G, which makes appropriations for the Legislative Branch for 
     fiscal year 2012. Unless otherwise noted, reference to the 
     House and Senate reports are to House Report 112-148 and 
     Senate Report 112-80. The language included in House Report 
     112-148 and Senate Report 112-80 should be complied with and 
     carry the same emphasis as the language included in the 
     explanatory statement, unless specifically addressed to the 
     contrary in this explanatory statement. While repeating some 
     report language for emphasis, this explanatory statement does 
     not intend to negate the language referred to above unless 
     expressly provided herein.

                                TITLE I

                           LEGISLATIVE BRANCH


                                 SENATE

       The conferees agree to appropriate $868,593,000 for Senate 
     operations. This item relates solely to the Senate, and is in 
     accordance with long practice under which each body 
     determines its own housekeeping requirements and the other 
     concurs without intervention.
       The conferees note one technical correction to the chart 
     included in Senate Report 112-80 under the heading Senators' 
     Official Personnel and Office Expense Allowance Fiscal Year 
     2012 to take into account a population change for the state 
     of Colorado that was inadvertently omitted.

----------------------------------------------------------------------------------------------------------------
                                                           Administrative
                                                            and clerical   Legislative    O.O.E.A.      Total
                          State                              assistance     assistance   allowance    allowance
                                                           allowance 10/1/  allowance    10/1/2011    10/1/2011
                                                                2011        10/1/2011
----------------------------------------------------------------------------------------------------------------
Colorado.................................................      2,431,275       477,874      180,096    3,089,245
----------------------------------------------------------------------------------------------------------------

                        House of Representatives

       The conferees agree to appropriate $1,225,680,000 for House 
     operations. This item relates solely to the House, and is in 
     accordance with long practice under which each body 
     determines its own housekeeping requirements and the other 
     concurs without intervention.

               Security in Congressional District Offices

       The conferees are aware of efforts underway by the House 
     Sergeant At Arms (HSAA) and the Capitol Police (USCP) to 
     improve security in Congressional district offices. With the 
     assistance of the HSAA and USCP, many Member offices had 
     security assessments conducted and were provided a list of 
     recommended security upgrades as a result of those 
     assessments. Member offices currently pay for their office 
     leases, including physical security, through their office 
     budgets, also called the Members' Representational Allowance, 
     which have been reduced. While the payment for district 
     security is decentralized, the guiding principles and 
     policies should not be. Therefore, the HSAA, along with USCP, 
     shall assist offices in prioritizing improvements and 
     highlighting alternative office locations that yield greater 
     security with less cost. In addition the House's Chief 
     Administrative Officer is directed to provide outreach to 
     Member offices and offer assistance in lease negotiations as 
     Member offices look to relocate or negotiate more favorable 
     terms that incorporate heightened security concerns.


                              JOINT ITEMS

                        JOINT ECONOMIC COMMITTEE

       The conference agreement includes $4,203,000 for salaries 
     and expenses.


            JOINT COMMITTEE ON INAUGURAL CEREMONIES OF 2013

       The conference agreement includes $1,237,000, for salaries 
     and expenses associated with conducting the inaugural 
     ceremonies of the President and Vice President of the United 
     States.


                      JOINT COMMITTEE ON TAXATION

       The conference agreement includes $10,004,000 for salaries 
     and expenses.


                   OFFICE OF THE ATTENDING PHYSICIAN

       The conference agreement includes $3,400,000.


             OFFICE OF CONGRESSIONAL ACCESSIBILITY SERVICES

       The conference agreement includes $1,363,000.


                        ADMINISTRATIVE PROVISION

       The conferees have included an administrative provision 
     which authorizes employees of the Office of Congressional 
     Accessibility Services to participate in the Senate employee 
     student loan repayment program.


                             CAPITOL POLICE

                                SALARIES

       The conference agreement includes $277,133,000 for salaries 
     of officers, members, and employees of the Capitol Police. 
     This level will support a staffing level of 1,775 sworn 
     officers and 370 civilian personnel.


                            GENERAL EXPENSES

       The conference agreement includes $63,004,000 for general 
     expenses of the Capitol Police.

               Workforce Management/Mission Requirements

       The conferees support the directive contained in House 
     Report 112-148 regarding workforce management and mission 
     requirements in lieu of the directive in Senate Report 112-
     80.

                                Overtime

       The conferees recommend no more than 634,667 hours of 
     additional duty in fiscal year 2012 as depicted below. The 
     conferees direct that the Department report on the 
     expenditure of overtime within individual accounts by pay 
     period to the House and Senate Committees on Appropriations, 
     and that the Committees are notified prior to any transfer 
     within accounts, including the associated hours of additional 
     duty.

------------------------------------------------------------------------
                                              Funding      Hours (est.)
------------------------------------------------------------------------
Scheduled...............................     $28,915,170         503,364
Annualization of overtime savings.......       (700,370)               0
Unscheduled.............................       1,141,850          20,000
DPD.....................................         876,018          15,326
Conventions.............................       1,626,240          28,000
Training................................       1,371,840          24,000
LOC--non-reimbursable events............         214,896           3,700
Dome Skirt..............................       1,853,739          31,917
Red Tunnel Project......................         485,548           8,360
                                         -------------------------------
Dome Skirt and other project re-               (677,000)               0
 estimations............................
    Total...............................     $35,107,931         634,667
------------------------------------------------------------------------

                           Threat Assessment

       The conferees understand that the Capitol Police conduct 
     many different types of threat assessments and direct the 
     Chief of Police to work with the House and Senate Committees 
     on Appropriations to develop methods of updating the 
     Committees on threat assessment activities.


                       ADMINISTRATIVE PROVISIONS

                     (INCLUDING TRANSFER OF FUNDS)

       The conferees have included a routine administrative 
     provision, section 1101, which continues authorization for 
     transfers between various accounts upon the approval of the 
     Committees on Appropriations of the House and Senate. The 
     conferees have also included an administrative provision, 
     section 1102, which authorizes the Secretary of the Senate 
     and the Chief Administrative Officer of the House to waive 
     erroneous payments to officers and employees.


                          OFFICE OF COMPLIANCE

                         SALARIES AND EXPENSES

       The conference agreement includes $3,817,000, of which 
     $700,000 shall remain available until September 30, 2013 for 
     salaries and expenses of the Office of Compliance.


                      CONGRESSIONAL BUDGET OFFICE

                         SALARIES AND EXPENSES

       The conference agreement includes $43,787,000 for salaries 
     and expenses of the Congressional Budget Office.


                        ARCHITECT OF THE CAPITOL

                         GENERAL ADMINISTRATION

       The conference agreement includes $101,340,000 for General 
     Administration, of which $3,749,000 shall remain available 
     until September 30, 2016.
       With respect to operations and projects, the House and 
     Senate conferees have agreed to the following:

Operating Budget:...........................................$97,591,000
Project Budget:........................................................
  1. Energy Savings Performance Contracts (ESPC)..............2,700,000
  2. Senate Reception Room......................................550,000
  3. Conservation of Fine Architectural Art.....................499,000
                                                       ________________
                                                       
Total, General Administration..............................$101,340,000

[[Page H9716]]

                        Congressional Youth Park

       The conferees note that the fiscal year 2002 Legislative 
     Branch appropriations bill, Public Law 107-68 included a 
     provision designating a special parcel of the Capitol Grounds 
     as the Congressional Youth Park. The conferees commend the 
     Architect of the Capitol (AOC) for developing the Capitol 
     Complex Master Plan as a guiding document for the future 
     development of the Capitol grounds. The plan embraces 
     Frederick Law Olmstead's original landscape design 
     establishing grounds that enhance and elevate the U.S. 
     Capitol. Integral to this plan should be the original intent 
     of the Botanic Garden to educate visitors about the 
     aesthetic, cultural, economic, therapeutic, and ecological 
     importance of plants. In this spirit, the conferees direct 
     the AOC to develop, as part of the Capitol Complex Master 
     Plan, the cultural landscape plan for the Congressional Youth 
     Park that aligns the use of the Park with Olmstead's 
     historically important vision about the importance of the 
     natural world in their daily lives. This segment of the 
     Master Plan shall also take into consideration landscape 
     requirements necessary to ensure the continued security of 
     the Capitol complex.


                            CAPITOL BUILDING

       The conference agreement includes $36,154,000, of which 
     $11,063,000 shall remain available until September 30, 2016, 
     for maintenance, care, and operation of the Capitol.
       With respect to operations and projects, the House and 
     Senate conferees have agreed to the following:

Operating Budget:...........................................$25,091,000
Project Budget:........................................................
  1. Presidential Inaugural Stand and Support Facilities......4,263,000
  2. Brumidi Corridors Restoration and Conservation Plan........800,000
  3. Minor Construction.......................................6,000,000
                                                       ________________
                                                       
Total, Capitol Building.....................................$36,154,000


                            CAPITOL GROUNDS

The conference agreement includes $9,852,000 for the care and 
    improvements of the grounds surrounding the Capitol, House and 
    Senate office buildings, and the Capitol Power Plant.
With respect to operations and projects, the House and Senate 
    conferees have agreed to the following:

Operating Budget:............................................$9,852,000
Total, Capitol Grounds.......................................$9,852,000


                        SENATE OFFICE BUILDINGS

       The conference agreement includes $71,128,000 for Senate 
     Office Buildings, of which $13,128,000 shall remain available 
     until September 30, 2016, for the maintenance, care and 
     operation of the Senate office buildings. This item relates 
     solely to the Senate and is in accordance with long practice 
     under which each body determines its own housekeeping 
     requirements, and the other concurs without intervention.
Operating Budget:...........................................$58,000,000
Project Budget:........................................................
  1. Skylight Replacement (HSOB)..............................5,000,000
  2. Infrastructure Improvements, Phase 3, North Wing (DSOB)..6,128,000
  3. Minor Construction.......................................2,000,000
                                                       ________________
                                                       
Total, Senate Office Buildings..............................$71,128,000


                         HOUSE OFFICE BUILDINGS

       Base funding, House Office Buildings.--The conference 
     agreement includes $94,154,000 for the basic and recurring 
     needs of the House within the House Office Buildings account, 
     of which $45,631,000 shall remain available until September 
     30, 2016. These funds support the regular maintenance, care, 
     and operation of the House office buildings by the Architect 
     of the Capitol.
Operating Budget:...........................................$48,523,000
Project Budget:........................................................
  1. Alternate Life Safety Approach, CHOB.....................4,229,000
  2. Interior Rehabilitation of the West House Underground Ga18,000,000
  3. Power Distribution System Replacement, Vault C, FHOB.....3,957,000
  4. Domestic Water and Sanitary Piping Replacement, RHOB.....1,598,000
  5. Fire Alarm System Replacement, RHOB......................1,457,000
  6. CAO Project Support......................................4,390,000
  7. 480V Switchgear & Transformer Replacement, Phase III, HOB5,000,000
  8. Minor Construction.......................................7,000,000
                                                       ________________
                                                       
Total, House Office Buildings (base program)................$94,154,000
       House Historic Buildings Revitalization Trust Fund.--In 
     addition to funding for core facility needs, the conference 
     agreement includes $30,000,000 for the Historic Buildings 
     Revitalization Trust Fund, to remain available until 
     expended.
       As these funds relate solely to the House, and is in 
     accordance with long practice under which each body 
     determines its own housekeeping requirements and the other 
     concurs without intervention.


                          CAPITOL POWER PLANT

       In addition to the $9,000,000 made available from receipts 
     credited as reimbursements to this appropriation, the 
     conference agreement includes $123,229,000 for maintenance, 
     care and operation of the Capitol Power Plant. Of this 
     amount, $37,617,000 shall remain available until September 
     30, 2016.
       With respect to operations and project differences, the 
     House and Senate conferees have agreed to the following:

Operating Budget (net):.....................................$94,612,000
Project Budget:........................................................
  1. Utility Tunnel Program..................................14,406,000
  2. WRP Chiller System Replacement, RPR, CPP...................800,000
  3. East Plant Chiller Relocation, RPR, CPP.................16,411,000
  4. Cogeneration Management Program..........................2,000,000
  5. Minor Construction.......................................4,000,000
                                                       ________________
                                                       
Total, Capitol Power Plant.................................$132,229,000


                     LIBRARY BUILDINGS AND GROUNDS

       The conference agreement includes $46,876,000 for Library 
     of Congress buildings and grounds. Of this amount, 
     $21,116,000 shall remain available until September 30, 2016.
       With respect to operations and projects, the House and 
     Senate conferees have agreed to the following:

Operating Budget:...........................................$25,760,000
Project Budget:........................................................
  1. Sprinkler System, West Main Pavilion 1st Floor, Phase III4,100,000
  2. Egress Improvements......................................1,126,000
  3. Generator Replacement JAB................................5,000,000
  4. Secured Storage Facilities, Phase III....................2,000,000
  5. East and West Pavilion Copper Roof and Fall Protection 
    Replacement, Design.........................................309,000
  6. Air Handling Unit Replacement and Hazardous Materials Abatement, 
    TJB.......................................................2,047,000
  7. Fall Protection..........................................4,034,000
  8. ABA Space Reorganization, JMMB.............................500,000
  9. Minor Construction.......................................2,000,000
                                                       ________________
                                                       
Total, Library Buildings and Grounds........................$46,876,000


             CAPITOL POLICE BUILDINGS, GROUNDS AND SECURITY

       The conference agreement includes $21,500,000 for Capitol 
     Police Buildings, Grounds and Security. Of this amount, 
     $3,473,000 shall remain available until September 30, 2016.
       With respect to operations and projects, the conferees have 
     agreed to the following:

Operating Budget:...........................................$18,027,000
Project Budget:........................................................
  1. Fire Alarm System Replacement, Headquarters..............2,473,000
  2. Minor Construction.......................................1,000,000
                                                       ________________
                                                       
Total, Capitol Police Buildings, Grounds and Security.......$21,500,000


                             BOTANIC GARDEN

       The conference agreement includes $12,000,000 for salaries 
     and expenses, Botanic Garden.


                         CAPITOL VISITOR CENTER

       The conference agreement includes $21,276,000 for the 
     Capitol Visitor Center (CVC).


                             CVC Gift Shop

       The conferees note that the CVC gift shop operating budget 
     exceeds the revenues generated within the gift shop revolving 
     fund. The conferees understand that there are mitigating 
     circumstances such as ``Buy American'' requirements that 
     account for the CVC gift shop operating differently than 
     other gift shops, such as the Library of Congress gift shop. 
     Given that the CVC gift shop has been operating for a few 
     years, the conferees believe it would be beneficial at this 
     juncture for the AOC to review and report on the operations 
     and steps that can be taken to improve operations within the 
     revolving fund understanding the distinctive parameters under 
     which the CVC gift shop operates. This report should be 
     provided to the Committee on Appropriations of the House and 
     Senate no later than March 31, 2012.


                       ADMINISTRATIVE PROVISIONS

                     (INCLUDING TRANSFER OF FUNDS)

                      Reimbursable Overtime Costs

       The conference agreement includes an administrative 
     provision, section 1201, which authorizes the Architect of 
     the Capitol to reimburse the Capitol Police for the cost of 
     overtime associated with construction projects.
       The conferees direct the Architect of the Capitol and the 
     United States Capitol Police to enter into a memorandum of 
     understanding to establish the appropriate mechanisms 
     necessary to implement this reimbursable process. The 
     memorandum of understanding shall include, but not be limited 
     to, the identification of the type and scope of construction 
     projects subject to reimbursement, the projected overtime and 
     related benefits costs for security requirements necessitated 
     by a specific project before the project commences, and the 
     reporting to the Architect of the Capitol actual costs for 
     reimbursement on a regular basis during and upon completion 
     of a security project. It is the conferees intent that this 
     practice will

[[Page H9717]]

     commence with the submission of the fiscal year 2013 budget 
     request. The Architect of the Capitol shall submit the 
     requested overtime for ongoing and future construction 
     projects for fiscal year 2013. During fiscal year 2013, and 
     for future fiscal years, if overtime costs exceed those 
     requested, the Architect of the Capitol, with the concurrence 
     of the Capitol Police, will submit such costs to the House 
     and Senate Committees on Appropriations for approval.
       The conference agreement includes an administrative 
     provision, section 1202, concerning the Capitol grounds.


                          LIBRARY OF CONGRESS

                         SALARIES AND EXPENSES

       The conference agreement includes $413,743,000 in direct 
     appropriations, of which $6,959,000 is to remain available 
     until expended for digital collections and educational 
     curricula program, Library of Congress. In addition to this 
     amount $6,350,000 is available from receipts collected by the 
     Library of Congress and is to remain available until 
     expended.

                            COPYRIGHT OFFICE


                         SALARIES AND EXPENSES

       The conference agreement includes $16,137,000 in direct 
     appropriations to the Copyright Office. An additional 
     $35,513,000 is made available from receipts for salaries and 
     expenses.

                     CONGRESSIONAL RESEARCH SERVICE


                         SALARIES AND EXPENSES

       The conference agreement includes $106,790,000 for salaries 
     and expenses, Congressional Research Service including up to 
     $1,000,000 for a review of the Government Printing Office.


             BOOKS FOR THE BLIND AND PHYSICALLY HANDICAPPED

                         SALARIES AND EXPENSES

       The conference agreement includes $50,674,000 for salaries 
     and expenses. This amount includes $650,000 for costs to 
     provide recorded newspaper services for the blind and 
     physically handicapped. The conferees have agreed that up to 
     $2,000,000 of unobligated balances can be utilized for media 
     production.


                       ADMINISTRATIVE PROVISIONS

       The conferees have agreed to include administrative 
     provisions (sections 1301-1304) related to reimbursable and 
     revolving fund activities, transfer authority, availability 
     of funds for Workers Compensation Payments, and disposition 
     of surplus or obsolete personal property.

                       Government Printing Office

                           Operational Review

       Over the past 10 years, the Government Printing Office has 
     regularly contracted out approximately 75% of the dollar 
     value of all work ordered annually (other than U.S. passports 
     and secure credentials). The vast majority of the work that 
     is contracted out is for the Executive Branch. Printing for 
     the Congress, passports for State Department, secure 
     credentials for Federal agencies and Congress, products for 
     the Office of the Federal Register, and several important 
     jobs of the Executive Branch, such as the President's Annual 
     Budget and printing for the White House, are conducted in-
     house, as are all of GPO's digital information operations 
     serving all three branches of the Federal Government. The 
     conferees note that several studies evaluating GPO's 
     production, procurement, and information dissemination 
     programs and operations, including the Federal Depository 
     Library Program, have been conducted in the past. The 
     conferees also note that past reviews have supported the 
     GPO's business model as the most efficient way in which the 
     government should operate its printing and information 
     dissemination responsibilities. The conferees believe that 
     the GPO and the Congress would benefit from an update of 
     these reviews, particularly given the growth in printing and 
     digital technology in recent years, including the feasibility 
     of Executive Branch printing being continued to be performed 
     by the GPO, and other cost saving operational alternatives 
     that might be worthy of consideration. Within available funds 
     under the heading, ``Congressional Research Service'' , the 
     conferees direct the Congressional Research Service to award 
     a grant or contract to the National Academy of Public 
     Administration, an independent, nonpartisan organization that 
     was chartered by Congress to assist Federal, State, and local 
     governments in improving their effectiveness, efficiency, and 
     accountability, to conduct a study on updating a review of 
     GPO operations and additional cost saving opportunities 
     beyond what GPO has already instituted, if any, and report 
     its findings to the Committee on Appropriations of the House 
     and Senate no later than one year after enactment of this 
     Act.


                   CONGRESSIONAL PRINTING AND BINDING

                     (INCLUDING TRANSFER OF FUNDS)

       The conference agreement includes $90,700,000 for 
     authorized printing and binding for the Congress.


               OFFICE OF THE SUPERINTENDENT OF DOCUMENTS

                         SALARIES AND EXPENSES

                     (INCLUDING TRANSFER OF FUNDS)

       The conference agreement includes $35,000,000.


               GOVERNMENT PRINTING OFFICE REVOLVING FUND

       The conference agreement includes $500,000.

                    Government Accountability Office


                         SALARIES AND EXPENSES

       The conference agreement includes $511,296,000 in direct 
     appropriations for salaries and expenses, Government 
     Accountability Office. In addition, $22,304,000 is available 
     from offsetting collections.


                        ADMINISTRATIVE PROVISION

       The agreement includes an administrative provision, section 
     1401, that allows GAO to be treated the same as other 
     Legislative Branch agencies regarding employee buyout 
     authority.
       The conferees direct that GAO cease all work and no funds 
     are provided for any GAO study related to the study requested 
     in House Report 112-148 regarding the future of the 
     Government Printing Office. That work is being conducted by 
     NAPA through CRS.

                             Cost Analysis

       The conferees believe that in order to provide the GAO with 
     the appropriate funding level to conduct its audits 
     efficiently, the conferees need a complete understanding of 
     the costs associated with conducting the audits. The concern 
     that certain costs associated with the reports cannot be 
     accounted for was heightened by the GAO Office of Inspector 
     General report noting that ``GAO's travel card program could 
     be strengthened by adopting selected best practices 
     identified in related Office of Management and Budget (OMB) 
     guidance. . . . Further, we found that OMB's travel card 
     guidance was not used by GAO to manage or assess the 
     effectiveness of its travel card program controls.'' 
     Therefore, the conferees direct the GAO to report to the 
     Senate and House Committees on Appropriations on a semi-
     annual basis, with a cost analysis by function of its work 
     products, a total funding level for any completed report 
     during the fiscal year, and the number of reports previously 
     conducted on the particular issues for which reports are 
     being conducted.

                Open World Leadership Center Trust Fund

       The conference agreement includes $10,000,000 for payment 
     to the Open World Leadership Center Trust Fund.
       In June 2003 the House Committee on Appropriations directed 
     the Government Accountability Office (GAO) to assess the 
     overall effectiveness and efficiency of the Open World 
     Leadership Center (OWLC) in fulfilling its responsibilities 
     and role in achieving the overall intent and purposes of the 
     program. In March 2004 the GAO issued a report (GAO-04-436) 
     containing recommendations that OWLC establish strategic and 
     performance plans, strengthen assessing and reporting on 
     program performance, and improve its financial management and 
     accountability mechanisms. In the report the OWLC took issue 
     with the GAO emphasis on performance measures, noting that 
     its success is only measurable in the medium or long term. 
     The conferees direct the GAO to reexamine the OWLC regarding 
     the recommendations to determine what action has been taken 
     to meet the GAO recommendations with special emphasis on 
     financial management and performance measures. It has been a 
     number of years since this report was issued, and the 
     conferees believe enough time has lapsed to determine 
     progress in both these fields. Therefore, the conferees 
     direct the GAO to reexamine the recommendations of the March 
     2004 report with emphasis on financial management and 
     accountability mechanisms and the measurable benefits of the 
     OWLC. GAO shall consult with the Committees on Appropriations 
     as it develops the methodology and scope of the review. GAO 
     shall issue its final report by August 2012 and provide 
     regular updates to the Committees prior to issuing the final 
     report.

   John C. Stennis Center For Public Service Training and Development

       The conference agreement includes $430,000. The conferees 
     direct that future budget requests from the John C. Stennis 
     Center be accompanied by an appropriately detailed budget 
     justification.

                      TITLE II--GENERAL PROVISIONS

       The conference agreement continues, in sections 201 to 209, 
     nine routine provisions carried in prior years. In addition 
     the agreement includes section 210 related to delivery of 
     printed copies of bills, joint resolutions, and resolutions, 
     section 211 related to delivery of printed copies of the 
     Congressional Record being delivered to a Members House 
     office, and section 212 related to Members of the House, 
     which places a limitation on the amount that can be expended 
     for the lease of a vehicle.

        Reprograming Guidelines For Legislative Branch Agencies

       The conferees expect all agencies to notify the Committees 
     on Appropriations of the House and Senate of any significant 
     departures from budget plans presented to the Committees of 
     the House and Senate. In particular, agencies funded in this 
     bill are required to notify the Committees prior to each 
     reprogramming of funds in excess of the lesser of 10 percent 
     or $500,000 between programs, projects, or activities, or in 
     excess of $500,000 between object classifications (except for 
     shifts within the pay categories, object class 11, 12, and 
     13, or as further specified in each agency's respective 
     section). This includes cumulative reprogrammings that 
     together total at least $500,000 from or to a particular 
     program, activity, or object classification, as well as 
     reprogramming of FTE's or funds to create new organizational

[[Page H9718]]

     entities within the Agency or to restructure entities which 
     already exist. These guidelines remain effective unless 
     modified by a subsequent conference.

[[Page H9719]]

     [GRAPHIC] [TIFF OMITTED] TH15DE11.441
     


[[Page H9720]]

     [GRAPHIC] [TIFF OMITTED] TH15DE11.442
     


[[Page H9721]]

     [GRAPHIC] [TIFF OMITTED] TH15DE11.443
     


[[Page H9722]]

     [GRAPHIC] [TIFF OMITTED] TH15DE11.444
     


[[Page H9723]]

     [GRAPHIC] [TIFF OMITTED] TH15DE11.445
     


[[Page H9724]]

     [GRAPHIC] [TIFF OMITTED] TH15DE11.446
     


[[Page H9725]]

     [GRAPHIC] [TIFF OMITTED] TH15DE11.447
     


[[Page H9726]]

     [GRAPHIC] [TIFF OMITTED] TH15DE11.448
     


[[Page H9727]]

     [GRAPHIC] [TIFF OMITTED] TH15DE11.449
     


[[Page H9728]]

     [GRAPHIC] [TIFF OMITTED] TH15DE11.450
     


[[Page H9729]]

     [GRAPHIC] [TIFF OMITTED] TH15DE11.451
     


[[Page H9730]]

     [GRAPHIC] [TIFF OMITTED] TH15DE11.452
     


[[Page H9731]]

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

       Matters Addressed by Only One Committee.--The language and 
     allocations set forth in House Report 112-94 and Senate 
     Report 112-29 should be complied with unless specifically 
     addressed to the contrary in the conference agreement and 
     this explanatory statement. Report language included by the 
     House, which is not changed by the report of the Senate or 
     this explanatory statement, and Senate report language, which 
     is not changed by this explanatory statement, is approved by 
     the Committees on Appropriations of both Houses of Congress. 
     This explanatory statement, while repeating some report 
     language for emphasis, does not intend to negate the language 
     referred to above unless expressly provided herein. In cases 
     where the House or the Senate has directed the submission of 
     a report, such report is to be submitted to both Houses of 
     Congress. House or Senate reporting requirements with 
     deadlines prior to, or within 15 days after, enactment of the 
     conference agreement shall be submitted no later than 60 days 
     after enactment of this Act. All other reporting deadlines 
     not changed by this explanatory statement are to be met.

                                TITLE I

                         DEPARTMENT OF DEFENSE


                       ITEMS OF GENERAL INTEREST

       Reprogramming Guidelines.--The following reprogramming 
     guidelines apply for all military construction and family 
     housing projects. A project or account (including the sub-
     elements of an account) which has been specifically reduced 
     by the Congress in acting on the budget request is considered 
     to be a congressional interest item and as such, prior 
     approval is required. Accordingly, no reprogrammings to an 
     item specifically reduced below the threshold by the Congress 
     are permitted, except that the Department of Defense may seek 
     reprogrammings for appropriated increments.
       The reprogramming criteria that apply to military 
     construction projects (25 percent of the funded amount or 
     $2,000,000, whichever is less) continue to apply to new 
     housing construction projects and to improvements over 
     $2,000,000. To provide the services the flexibility to 
     proceed with construction contracts without disruption or 
     delay, the costs associated with environmental hazard 
     remediation such as asbestos removal, radon abatement, lead-
     based paint removal or abatement, and any other legislated 
     environmental hazard remediation may be excluded, provided 
     that such remediation requirements could not be reasonably 
     anticipated at the time of the budget submission. This 
     exclusion applies to projects authorized in this budget year, 
     as well as projects authorized in prior years for which 
     construction has not been completed. Planning and design 
     costs associated with military construction and family 
     housing projects may also be excluded from these guidelines. 
     In instances where prior approval to a reprogramming request 
     for a project or account has been received from the 
     Committees on Appropriations, the adjusted amount approved 
     becomes the new base for any future increase or decrease via 
     below-threshold reprogrammings (provided that the project or 
     account is not a congressional interest item as defined 
     above).
       In addition to these guidelines, the services are directed 
     to adhere to the guidance for military construction 
     reprogrammings and notifications, including the pertinent 
     statutory authorities contained in DOD Financial Management 
     Regulation 7000.14-R and relevant updates and policy 
     memoranda. The conferees encourage the Office of the Director 
     of National Intelligence to use a format similar to that used 
     by the Office of the Secretary of Defense to submit 
     reprogramming requests.
       Incrementally Funded Projects.--The conferees note that the 
     Administration requested several large military construction 
     projects that can be incrementally funded, but were instead 
     submitted as large single-year requests, in accordance with a 
     directive from the Office of Management and Budget to the 
     Department of Defense to severely restrict the use of 
     incremental funding for military construction. The Committees 
     on Appropriations of both Houses of Congress have previously 
     notified the Administration that they reserve the prerogative 
     to provide incremental funding where appropriate, in 
     accordance with authorizing legislation. The conferees 
     continue to believe that military construction projects 
     should be fully funded or separated into stand-alone phases 
     when practical. In some cases, however, incremental funding 
     makes fiscal and programmatic sense. The conference agreement 
     therefore incrementally funds the following projects: 
     Aviation Complex Phase 3A, Fort Wainwright, Alaska; 
     Mountainview Operations Facility, Buckley AFB, Colorado; 
     Hospital Replacement, Increment 3, Fort Bliss, Texas; 
     Ambulatory Care Center Phase 3, Joint Base San Antonio, 
     Texas; STRATCOM Replacement Facility, Increment 1, Offutt 
     AFB, Nebraska; Data Center, Increment 3, Camp Williams, Utah; 
     Ambulatory Care Center, Ph 3, Joint Base Andrews, Maryland; 
     and Strike Fuel Systems Maintenance Hanger, Anderson AFB, 
     Guam.
       Quarterly Summary of Notifications.--The conferees direct 
     the services and the Office of the Secretary of Defense (on 
     behalf of itself and Defense agencies) to continue to submit 
     a quarterly report listing all notifications, to include bid 
     savings by service and Defense agencies, that have been 
     submitted to the Committees during the preceding three-month 
     period.
       Report on Design Obligations.--The conferees direct that 
     the Secretary of Defense, and the secretaries of the Army, 
     Navy, and Air Force, each submit separate semi-annual reports 
     on the obligation and expenditure of planning and design 
     funds. The Secretary of Defense's report shall cover Military 
     Construction, Defense-Wide, and the reports by the Army, 
     Navy, and Air Force shall cover active, guard, and reserve 
     military construction accounts. Each report shall provide 
     data on the total amount available from each and all fiscal 
     years for planning and design activities, as well as the 
     amounts currently obligated and expended. The reports shall 
     be submitted no later than 30 days following the end of the 
     second and fourth quarters of fiscal year 2012 and semi-
     annually no later than 30 days following the second and 
     fourth quarters of each fiscal year thereafter.
       Quadrennial Defense Review/Nuclear Posture Review (QDR/
     NPR).--The conference agreement does not reference language 
     requiring the Secretary of Defense to submit a report 
     regarding future funding for the QDR/NPR programs because the 
     reporting requirement has already been fulfilled.
       Army Stationing in Europe.--In order to better understand 
     future requirements for U.S. military construction in Germany 
     in light of current and projected realignment activities, the 
     conferees direct that no later than 90 days after enactment 
     of this Act, the Secretary of Defense shall provide a report, 
     in writing, on installations and properties in Germany that 
     the Department of Defense intends to return to the host 
     nation. This report should include (1) intended timelines for 
     closures of U.S. Army installations along with a list of 
     military construction projects required at other 
     installations to facilitate the downsizing and consolidation 
     of Army forces in Germany; (2) identification of the brigade 
     combat team that will be withdrawn from Germany; (3) an 
     estimate of costs (including operation and maintenance costs 
     and military construction costs) to be incurred during fiscal 
     years 2012 through 2015 in connection with keeping the 
     brigade identified in Germany through September 30, 2015, 
     versus stationing a similar brigade in the United States; and 
     (4) identification of the Army installations in the United 
     States with the capability, existing infrastructure, and 
     training facilities to support a brigade combat team similar 
     to the one referenced above. The report should be submitted 
     to the Committees on Appropriations of both Houses of 
     Congress and may include a classified annex if necessary.
       Guam Realignment.--The conferees support the 
     Administration's focus on strengthening the U.S. military 
     posture in the Pacific region. One of the most ambitious 
     undertakings by the Department of Defense is the joint U.S.-
     Japanese plan to move 8,000 Marines and their families from 
     Okinawa to Guam. The conferees note that a number of 
     unforeseen obstacles, including lengthy environmental 
     studies, legal challenges, and land use issues, have hampered 
     the Department's ability to execute planned military 
     construction projects associated with the realignment that 
     have been funded in previous appropriations bills. In light 
     of these delays, the conference agreement does not include 
     funding, as requested, for two projects associated with the 
     realignment. The conferees encourage the Department to 
     complete the Guam master plan and provide a revised cost 
     estimate and timetable for the Guam relocation so that the 
     realignment can proceed without further delay.

                      MILITARY CONSTRUCTION, ARMY

       The conference agreement appropriates $3,006,491,000 for 
     Military Construction, Army, instead of $3,041,491,000 as 
     proposed by the House and $3,066,891,000 as proposed by the 
     Senate. Within this amount, the agreement provides 
     $229,741,000 for study, planning, design, architect and 
     engineer services, and host nation support, the same amount 
     as proposed by the House and Senate.

              MILITARY CONSTRUCTION, NAVY AND MARINE CORPS

       The conference agreement appropriates $2,112,823,000 for 
     Military Construction, Navy and Marine Corps, instead of 
     $2,436,547,000 as proposed by the House and $2,187,622,000 as 
     proposed by the Senate. Within this amount, the agreement 
     provides $84,362,000 for study, planning, design, architect 
     and engineer services, the same amount as proposed by the 
     House and Senate.

                    MILITARY CONSTRUCTION, AIR FORCE

       The conference agreement appropriates $1,227,058,000 for 
     Military Construction, Air Force, instead of $1,247,358,000 
     as proposed by the House and $1,227,058,000 as proposed by 
     the Senate. Within this amount, the agreement provides 
     $81,913,000 for study, planning, design, architect and 
     engineer services, the same amount as proposed by the House 
     and Senate.

                  MILITARY CONSTRUCTION, DEFENSE-WIDE


                     (INCLUDING TRANSFER OF FUNDS)

       The conference agreement appropriates $3,431,957,000 for 
     Military Construction, Defense-Wide, instead of 
     $3,533,757,000 as proposed by the House and $3,380,917,000 as 
     proposed by the Senate. Within this amount, the agreement 
     provides $430,602,000 for study, planning, design, architect 
     and engineer services, the same amount as proposed by the 
     House and Senate.

[[Page H9732]]

       Fort Gordon, Georgia, National Security Agency (NSA) 
     Project Adjustment.--The President's budget submission 
     included $11,340,000 for the NSA Whitelaw Wedge Building 
     addition at Fort Gordon, Georgia. Subsequent to the budget 
     submission NSA determined that the cost of the project had 
     increased to $17,705,000 and requested a $6,365,000 funding 
     adjustment for the project. The Director of the NSA 
     transmitted a formal request for this adjustment to the 
     Committees on Appropriations of the House and Senate on 
     June 2, 2011. Therefore, the conference agreement includes 
     an additional $6,365,000 for this project as requested, 
     with a corresponding decrement from the NSA minor 
     construction account.
       Department of Defense Education Activity (DODEA) Schools.--
     The conferees note that over 86,000 children attend DODEA 
     schools in the United States and overseas, but according to 
     the 2009 DOD Report to Congress on Department of Defense 
     Education Activity's Military Construction Program, 79 
     percent of DODEA schools were structurally rated as poor or 
     failing. The conferees note that DOD's Future Years Defense 
     Plan (FYDP) for fiscal years 2012 through 2016 includes 
     funding to recapitalize many, but not all, of these schools. 
     The conferees urge the Secretary of Defense to prioritize the 
     recapitalization of all poor or failing DODEA schools, and 
     accelerate funding for this purpose in future FYDPs.
       Energy Conservation Investment Program (ECIP).--The 
     conference agreement provides $135,000,000 for ECIP, as 
     proposed by both the House and the Senate. Additionally, the 
     conference agreement provides $10,000,000 in dedicated 
     funding for ECIP planning and design, as proposed by the 
     Senate. The conferees strongly support the efforts of the 
     Department of Defense to promote energy conservation, green 
     building initiatives, energy security, and investment in 
     renewable energy resources, and commend the leadership of the 
     Department and the services for making energy efficiency a 
     key component of construction on military installations. The 
     conferees urge the Department to use the the dedicated 
     planning and design funds to invest in innovative renewable 
     energy projects as well as projects that enhance energy 
     security at military installations and encourages the 
     Department to request dedicated planning and design funding 
     for ECIP in future budget submissions.
       Landstuhl Regional Medical Center.--The conferees strongly 
     support the construction of the new Landstuhl Regional 
     Medical Center in Germany to replace the current aging 
     facility, which is inefficient, and structurally a failing 
     facility. However, the conferees note that the size, scope 
     and design of the proposed replacement hospital was initiated 
     several years ago, before the withdrawal schedule for U.S. 
     troops in Iraq and Afghanistan was established, and before 
     looming budget restraints prompted the Department of Defense 
     (DOD) to reconsider all overseas basing of U.S. military 
     forces. Given the potential for major force structure 
     reductions in Europe, the conferees believe that the planning 
     assumptions for the new Landstuhl Regional Medical Center 
     should be re-evaluated to ensure that the facility is 
     properly sized and scoped to meet the emerging contingency 
     and force structure requirements in Europe.
       Because of the importance of this project, the conference 
     agreement fully funds the Department's request to proceed 
     with site preparation and utility infrastructure for the 
     replacement hospital. However, the conference agreement 
     restricts the Department from awarding a design contract for 
     the hospital that exceeds the 20 percent design level until 
     the Secretary of Defense has provided a plan to the 
     Committees on Appropriations of the House of Representatives 
     and the Senate describing how it intends to implement the 
     recommendations of a Government Accountability Office study 
     with regard to the plans, baseline data, and estimated cost 
     of the new facility, and certifies that the replacement 
     hospital is properly sized and scoped to meet the projected 
     health care requirements.
       The conferees further direct DOD to provide to the 
     Committees, in conjunction with the certification, 
     justification supporting the size and scope of the 
     replacement hospital that includes, at a minimum, (1) 
     documentation that clearly shows how health care requirements 
     were used to calculate the size, configuration, and 
     associated costs of the facility, and (2) a risk or 
     sensitivity analysis that assesses, at a minimum, how 
     potential global posture changes in the area of 
     responsibility of the European Command may impact the health 
     care requirements for the proposed facility.

               MILITARY CONSTRUCTION, ARMY NATIONAL GUARD

       The conference agreement appropriates $773,592,000 for 
     Military Construction, Army National Guard, as proposed by 
     the Senate instead of $798,592,000 as proposed by the House. 
     Within this amount, the agreement provides $20,671,000 for 
     study, planning, design, architect and engineer services.

               MILITARY CONSTRUCTION, AIR NATIONAL GUARD

       The conference agreement appropriates $116,246,000 for 
     Military Construction, Air National Guard, as proposed by the 
     both the House and the Senate. Within this amount, the 
     agreement provides $12,225,000 for study, planning, design, 
     architect and engineer services.

                  MILITARY CONSTRUCTION, ARMY RESERVE

       The conference agreement appropriates $280,549,000 for 
     Military Construction, Army Reserve, as proposed by both the 
     House and the Senate. Within this amount, the agreement 
     provides $28,924,000 for study, planning, design, architect 
     and engineer services.

                  MILITARY CONSTRUCTION, NAVY RESERVE

       The conference agreement appropriates $26,299,000 for 
     Military Construction, Navy Reserve as proposed by both the 
     House and the Senate. Within this amount, the agreement 
     provides $2,591,000 for study, planning, design, architect 
     and engineer services.

                MILITARY CONSTRUCTION, AIR FORCE RESERVE

       The conference agreement appropriates $33,620,000 for 
     Military Construction, Air Force Reserve, as proposed by both 
     the House and the Senate. Within this amount, the agreement 
     provides $2,200,000 for study, planning, design, architect 
     and engineer services.

     NORTH ATLANTIC TREATY ORGANIZATION SECURITY INVESTMENT PROGRAM

       The conference agreement appropriates $247,611,000 for the 
     North Atlantic Treaty Organization Security Investment 
     Program, the same amount as proposed by the House, instead of 
     $272,611,000 as proposed by the Senate.

                   FAMILY HOUSING CONSTRUCTION, ARMY

       The conference agreement appropriates $176,897,000 for 
     Family Housing Construction, Army as proposed by both the 
     House and the Senate.

             FAMILY HOUSING OPERATION AND MAINTENANCE, ARMY

       The conference agreement appropriates $493,458,000 for 
     Family Housing Operation and Maintenance, Army instead of 
     $494,858,000 as proposed by both the House and the Senate.
       General Officer Flag Officer Quarters.--The conferees 
     reduced the request for Family Housing Operation and 
     Maintenance by $1,400,000 based on the Secretary of the 
     Army's notification that the exterior repairs in Stuttgart, 
     Germany are no longer necessary.

           FAMILY HOUSING CONSTRUCTION, NAVY AND MARINE CORPS

       The conference agreement appropriates $100,972,000 for 
     Family Housing Construction, Navy and Marine Corps as 
     proposed by both the House and the Senate.

    FAMILY HOUSING OPERATION AND MAINTENANCE, NAVY AND MARINE CORPS

       The conference agreement appropriates $367,863,000 for 
     Family Housing Operation and Maintenance, Navy and Marine 
     Corps as proposed by both the House and the Senate.

                 FAMILY HOUSING CONSTRUCTION, AIR FORCE

       The conference agreement appropriates $60,042,000 for 
     Family Housing Construction, Air Force instead of $84,804,000 
     as proposed by both the House and the Senate. The funding 
     adjustment was requested by the Air Force to offset a 
     shortfall in family housing operation and maintenance 
     funding. To cover the shortfall, the Air Force requested the 
     cancellation of a family housing construction improvement 
     project at Misawa, Japan, resulting in a decrease of 
     $24,762,000 from the budget submission.

          FAMILY HOUSING OPERATION AND MAINTENANCE, AIR FORCE

       The conference agreement appropriates $429,523,000 for 
     Family Housing Operation and Maintenance, Air Force instead 
     of $404,761,000 as proposed by both the House and the Senate. 
     The $24,762,000 increase was requested by the Air Force to 
     cover a projected shortfall in family housing operation and 
     maintenance funding. The funding increase is offset by a 
     corresponding reduction of $24,762,000 in Air Force family 
     housing construction funding.

         FAMILY HOUSING OPERATION AND MAINTENANCE, DEFENSE-WIDE

       The conference agreement appropriates $50,723,000 for 
     Family Housing Operation and Maintenance, Defense-Wide as 
     proposed by both the House and the Senate.

         DEPARTMENT OF DEFENSE FAMILY HOUSING IMPROVEMENT FUND

       The conference agreement appropriates $2,184,000 for the 
     Department of Defense Family Housing Improvement Fund as 
     proposed by both the House and the Senate.

                       HOMEOWNERS ASSISTANCE FUND

       The conference agreement appropriates $1,284,000 for the 
     Homeowners Assistance Fund as proposed by both the House and 
     the Senate. The conference agreement also includes language 
     that the Secretary of Defense shall not issue any regulation 
     or otherwise take any action to limit the submission of 
     applications prior to September 30, 2012, for benefits, 
     including permanent change of station benefits, as provided 
     under section 1013 of the Demonstration Cities and 
     Metropolitan Development Act of 1966, (42 U.S.C. 3374), as 
     amended.

          CHEMICAL DEMILITARIZATION CONSTRUCTION, DEFENSE-WIDE

       The conference agreement appropriates $75,312,000 for 
     Chemical Demilitarization Construction, Defense-Wide as 
     proposed by both the House and the Senate.

            DEPARTMENT OF DEFENSE BASE CLOSURE ACCOUNT 1990

       The conference agreement appropriates $323,543,000 for the 
     Department of Defense

[[Page H9733]]

     Base Closure Account 1990, as proposed by the Senate instead 
     of $373,543,000 as proposed by the House.

            DEPARTMENT OF DEFENSE BASE CLOSURE ACCOUNT 2005

       The conference agreement appropriates $258,776,000 for the 
     Department of Defense Base Closure Account 2005, as proposed 
     by both the House and Senate. The conferees note that 
     significant bid savings have been realized in the BRAC 2005 
     military construction program, primarily as a result of the 
     favorable bid climate over the past several years, and 
     believe that these savings should be used to offset current 
     BRAC 2005 requirements as well as current and projected 
     requirements of the Homeowners Assistance Program. The 
     conferees therefore are rescinding $258,776,000 from previous 
     BRAC 2005 appropriations (Sec. 132 of Administrative 
     Provisions) to offset the fiscal 2012 request. Additionally, 
     the conferees direct the Department to use the transfer 
     authority provided elsewhere in this Act to transfer 
     sufficient unobligated balances from the BRAC 2005 account to 
     the Homeowners Assistance Program to address eligible claims 
     for benefits, including permanent change of station benefits, 
     submitted through September 30, 2012.
       BRAC 133.--On November 30, 2011, the Department of Defense 
     Inspector General (DODIG) released report number DODIG 2012-
     024, which found that the Army's transportation management 
     plan for Base Closure and Realignment (BRAC) recommendation 
     #133 (Mark Center) was based on faulty data, rendering the 
     transportation plan's findings and conclusions unreliable. 
     Further, the Inspector General found that the traffic studies 
     used to develop the plan do not address the totality of 
     issues related to site ingress and egress, nor will the plan 
     achieve its goal of reducing single-occupancy vehicle 
     utilization. The conferees find the analysis as outlined in 
     the DODIG's report deeply troubling. Equally troubling is the 
     Army's refusal to even consider the DODIG's recommendations.
       In an effort to mitigate traffic congestion surrounding the 
     Mark Center site, the conference agreement includes a 
     limitation on the number of parking spaces the Department may 
     utilize at the Mark Center to no more than 2,000, with the 
     exception of disabled parking spaces. The limitation may be 
     waived in part, but not in whole, if the Secretary of Defense 
     certifies that none of the intersections surrounding the Mark 
     Center reach failing levels of service ``e'' or ``f,'' as 
     defined by the Transportation Research Board Highway Capacity 
     Manual, during a consecutive 90 day period.
       Should the intersections currently undergoing traffic 
     monitoring surrounding the Mark Center be deemed as not to 
     have reached failing levels of service, the Department of 
     Defense (DOD) and the Virginia Department of Transportation 
     (VDOT) must agree to the number of additional spaces that may 
     be utilized at the Mark Center, which would then be subject 
     to another 90 day traffic monitoring program. To ensure that 
     the Department adequately plans and mitigates traffic 
     generated by the BRAC #133 development, the Department is 
     directed to implement the DODIG's recommendations outlined in 
     report number DODIG-2012-024, and certify to Congress not 
     later than 180 days after enactment of this Act that the 
     recommendations have been implemented.
       The conferees recognize that the employees that work at the 
     Mark Center bear no fault in the poor planning and execution 
     of the transportation management plan. The conferees 
     therefore strongly encourage the Department of Defense to 
     examine mandatory commuting alternatives such as telework, 
     flexible work schedules, satellite parking facilities with 
     dedicated shuttle service to the Mark Center, parking 
     capacity at the Pentagon, additional ridesharing and public 
     transit incentives and all other means to ensure that Mark 
     Center employees can commute to and from work without undue 
     burden.

                       ADMINISTRATIVE PROVISIONS


             (Including Transfers and Rescissions of Funds)

       The conference agreement includes section 101 as proposed 
     by both the House and the Senate limiting the use of funds 
     under a cost-plus-a-fixed-fee contract.
       The conference agreement includes section 102 as proposed 
     by both the House and the Senate allowing the use of 
     construction funds in this title for hire of passenger motor 
     vehicles.
       The conference agreement includes section 103 as proposed 
     by both the House and the Senate allowing the use of 
     construction funds in this title for advances to the Federal 
     Highway Administration for the construction of access roads.
       The conference agreement includes section 104 as proposed 
     by both the House and the Senate prohibiting construction of 
     new bases in the United States without a specific 
     appropriation.
       The conference agreement includes section 105 as proposed 
     by both the House and the Senate limiting the use of funds 
     for the purchase of land or land easements that exceed 100 
     percent of the value.
       The conference agreement includes section 106 as proposed 
     by both the House and the Senate prohibiting the use of 
     funds, except funds appropriated in this title for that 
     purpose, for family housing.
       The conference agreement includes section 107 as proposed 
     by both the House and the Senate limiting the use of minor 
     construction funds to transfer or relocate activities.
       The conference agreement includes section 108 as proposed 
     by both the House and the Senate prohibiting the procurement 
     of steel unless American producers, fabricators, and 
     manufacturers have been allowed to compete.
       The conference agreement includes section 109 as proposed 
     by both the House and the Senate prohibiting the use of 
     construction or family housing funds to pay real property 
     taxes in any foreign nation.
       The conference agreement includes section 110 as proposed 
     by both the House and the Senate prohibiting the use of funds 
     to initiate a new installation overseas without prior 
     notification.
       The conference agreement includes section 111 as proposed 
     by the Senate establishing a preference for American 
     architectural and engineering services for overseas projects. 
     The House bill contained a similar provision, but included 
countries within the United States Central Command Area of 
Responsibility.

       The conference agreement includes section 112 as proposed 
     by the Senate establishing a preference for American 
     contractors in certain locations. The House bill contained a 
     similar provision, but included countries within the United 
     States Central Command Area of Responsibility.
       The conference agreement includes section 113 as proposed 
     by both the House and the Senate requiring congressional 
     notification of military exercises when construction costs 
     exceed $100,000.
       The conference agreement includes section 114 as proposed 
     by both the House and the Senate limiting obligations in the 
     last two months of the fiscal year.
       The conference agreement includes section 115 as proposed 
     by both the House and the Senate allowing funds appropriated 
     in prior years for new projects authorized during the current 
     session of Congress.
       The conference agreement includes section 116 as proposed 
     by both the House and the Senate allowing the use of expired 
     or lapsed funds to pay the cost of supervision for any 
     project being completed with lapsed funds.
       The conference agreement includes section 117 as proposed 
     by both the House and the Senate allowing military 
     construction funds to be available for five years.
       The conference agreement includes section 118 as proposed 
     by both the House and the Senate allowing the transfer of 
     proceeds between BRAC accounts.
       The conference agreement includes section 119 as proposed 
     by both the House and the Senate allowing the transfer of 
     funds from Family Housing Construction accounts to the Family 
     Housing Improvement Fund.
       The conference agreement includes section 120 as proposed 
     by both the House and the Senate allowing transfers to the 
     Homeowners Assistance Fund.
       The conference agreement does not include a provision 
     proposed by the Senate (Sec. 120) requiring congressional 
     notification prior to issuing a solicitation for a contract 
     with the private sector for family housing. The House bill 
     contained no similar provision.
       The conference agreement includes section 121 as proposed 
     by both the House and the Senate limiting the source of 
     operation and maintenance funds for flag and general officer 
     quarters and allowing for notification by electronic medium.
       The conference agreement includes section 122 as proposed 
     by both the House and the Senate extending the availability 
     of funds in the Ford Island Improvement Account.
       The conference agreement includes section 123 as proposed 
     by both the House and the Senate placing limitations on the 
     expenditure of funds for projects impacted by BRAC 2005.
       The conference agreement includes section 124 as proposed 
     by both the House and the Senate allowing the transfer of 
     expired funds to the Foreign Currency Fluctuations, 
     Construction, Defense account.
       The conference agreement includes section 125 as proposed 
     by the Senate allowing for the reprogramming of construction 
     funds among projects and activities subject to certain 
     criteria. The House bill contained a similar provision with 
     an additional reporting requirement.
       The conference agreement does not include a provision 
     proposed by the House (Sec. 126) rescinding unobligated 
     balances available for the Base Realignment and Closure 
     Account 1990. The Senate bill contained no similar provision.
       The conference agreement includes a modified section 126 as 
     proposed by the Senate related to the closure of the Umatilla 
     Army Chemical Depot. The House bill contained no similar 
     provision.
       The conference agreement includes a modified section 127 as 
     proposed by the House which limits parking at BRAC 133 to 
     2,000 spaces and includes other requirements and exemptions. 
     The Senate bill contained no similar provision.
       The conference agreement includes section 128 as proposed 
     by the Senate restricting the obligation of funds for a 
     permanent United States Africa Command headquarters outside 
     of the United States until an analysis of all military 
     construction costs is submitted to the congressional defense 
     committees. The House bill contained no similar provision.
       The conference agreement includes section 129 as proposed 
     by the House prohibiting the use of funds for any action 
     related to the expansion of Pinon Canyon Maneuver Site, 
     Colorado. The Senate bill contained no similar provision.

[[Page H9734]]

       The conference agreement includes a modified section 130 as 
     proposed by the House restricting the obligation of funds for 
     relocating an Army unit that performs a testing mission. The 
     Senate bill contained no similar provision.
       The conference agreement does not include a provision 
     proposed by the Senate (Sec. 129) restricting the obligation 
     of funds for military construction projects in Germany. The 
     House bill contained no similar provision. This issue is 
     instead addressed under Items of General Interest in Title I.
       The conference agreement does not include a provision 
     proposed by the Senate (Sec. 130) requiring a report on the 
     status and improvement plan for all DODEA schools with Q3 or 
     Q4 rating. The House bill contained no similar provision. 
     This issue is instead addressed under Military Construction, 
     Defense-Wide in Title I.
       The conference agreement includes section 131 rescinding 
     unobligated balances primarily due to bid savings from the 
     following accounts in the specified amounts: Military 
     Construction, Army, $100,000,000; Military Construction, Navy 
     and Marine Corps, $25,000,000; Military Construction, Air 
     Force, $32,000,000; and Military Construction, Defense-Wide, 
     $131,400,000. The Senate bill contained no similar provision.
       The conference agreement includes section 132 rescinding 
     unobligated balances from the Department of Defense Base 
     Closure Account 2005. The House bill contained a similar 
     provision and the Senate bill contained no similar provision.

[[Page H9735]]

     [GRAPHIC] [TIFF OMITTED] TH15DE11.453
     


[[Page H9736]]

     [GRAPHIC] [TIFF OMITTED] TH15DE11.454
     


[[Page H9737]]

     [GRAPHIC] [TIFF OMITTED] TH15DE11.455
     


[[Page H9738]]

     [GRAPHIC] [TIFF OMITTED] TH15DE11.456
     


[[Page H9739]]

     [GRAPHIC] [TIFF OMITTED] TH15DE11.457
     


[[Page H9740]]

     [GRAPHIC] [TIFF OMITTED] TH15DE11.458
     


[[Page H9741]]

     [GRAPHIC] [TIFF OMITTED] TH15DE11.459
     


[[Page H9742]]

     [GRAPHIC] [TIFF OMITTED] TH15DE11.460
     


[[Page H9743]]

     [GRAPHIC] [TIFF OMITTED] TH15DE11.461
     


[[Page H9744]]

     [GRAPHIC] [TIFF OMITTED] TH15DE11.462
     


[[Page H9745]]

     [GRAPHIC] [TIFF OMITTED] TH15DE11.463
     


[[Page H9746]]

     [GRAPHIC] [TIFF OMITTED] TH15DE11.464
     


[[Page H9747]]

     [GRAPHIC] [TIFF OMITTED] TH15DE11.465
     


[[Page H9748]]

     [GRAPHIC] [TIFF OMITTED] TH15DE11.466
     


[[Page H9749]]

     [GRAPHIC] [TIFF OMITTED] TH15DE11.467
     


[[Page H9750]]

     [GRAPHIC] [TIFF OMITTED] TH15DE11.468
     


[[Page H9751]]

     [GRAPHIC] [TIFF OMITTED] TH15DE11.469
     


[[Page H9752]]

                                TITLE II

                     DEPARTMENT OF VETERANS AFFAIRS

                    VETERANS BENEFITS ADMINISTRATION

                       COMPENSATION AND PENSIONS

       The conference agreement appropriates $51,237,567,000 for 
     Compensation and Pensions instead of $58,067,319,000 as 
     proposed by both the House and the Senate. The agreement 
     reflects new estimates provided in the Administration's mid-
     session review. Of the amount provided, not more than 
     $32,187,000 is to be transferred to General Operating 
     Expenses, Veterans Benefits Administration, Medical Support 
     and Compliance, and Information Technology Systems for 
     reimbursement of necessary expenses in implementing 
     provisions of title 38, as proposed by both the House and the 
     Senate.

                         READJUSTMENT BENEFITS

       The conference agreement appropriates $12,108,488,000 for 
     Readjustment Benefits instead of $11,011,086,000 as proposed 
     by both the House and the Senate. The agreement reflects new 
     estimates provided in the Administration's mid-session 
     review.

                   VETERANS INSURANCE AND INDEMNITIES

       The conference agreement appropriates $100,252,000 for 
     Veterans Insurance and Indemnities as proposed by both the 
     House and the Senate.

                 VETERANS HOUSING BENEFIT PROGRAM FUND

       The conference agreement appropriates such sums as may be 
     necessary for costs associated with direct and guaranteed 
     loans for the Veterans Housing Benefit Program Fund, as 
     proposed by both the House and the Senate. The agreement 
     limits obligations for direct loans to not more than $500,000 
     and provides that $154,698,000 shall be available for 
     administrative expenses, as proposed by both the House and 
     the Senate.

            VOCATIONAL REHABILITATION LOANS PROGRAM ACCOUNT

       The conference agreement appropriates $19,000 for the cost 
     of direct loans from the Vocational Rehabilitation Loans 
     Program Account, plus $343,000 to be paid to the 
     appropriation for General Operating Expenses, Veterans 
     Benefits Administration, as proposed by both the House and 
     the Senate. The agreement provides for a direct loan 
     limitation of $3,019,000 as proposed by both the House and 
     the Senate.

          NATIVE AMERICAN VETERAN HOUSING LOAN PROGRAM ACCOUNT

       The conference agreement appropriates $1,116,000 for 
     administrative expenses of the Native American Veteran 
     Housing Loan Program Account as proposed by both the House 
     and the Senate.

                     VETERANS HEALTH ADMINISTRATION


                           AREAS OF INTEREST

       Rural access. The conferees are deeply concerned about the 
     difficulties veterans in rural areas face in finding 
     appropriate and accessible Department of Veterans Affairs 
     (VA) health care. As identified in the House and Senate 
     reports, the conferees urge the VA to focus on infrastructure 
     improvements at small and mid-sized medical centers, to 
     consider offering mobile health services, to promulgate 
     regulations allowing veterans service organizations to 
     provide better transportation options for rural veterans, and 
     to partner with State and local organizations to identify 
     veterans in rural and highly rural areas. The conferees also 
     expect to see a long-range strategic plan for the Office of 
     Rural Health, as well as that Office's response to 
     recommendations in the Inspector General's April 2011 report. 
     The conferees emphasize that all reports on rural access 
     issues requested by either the House or Senate are required 
     to be submitted to the Committees on Appropriations of the 
     House of Representatives and the Senate (``Committees'') 90 
     days after enactment of this Act, as described in the first 
     section of this explanatory statement. In addition to the 
     strategic plan, the conferees strongly urge the Department to 
     improve the accessibility, efficiency, and effectiveness of 
     rural healthcare by detailing options available for veterans 
     who need to access healthcare from facilities which are 
     ``split campus'' models where outpatient care and specialty 
     services are not collocated.
       Licensing. The conferees urge the Department of Defense 
     (DOD) and the VA to examine ways to eliminate duplicative 
     licensing requirements as described in Senate Report 112-29.

                            MEDICAL SERVICES

       The conference agreement appropriates $41,354,000,000 in 
     advance for fiscal year 2013 for Medical Services, as 
     proposed by both the House and the Senate. The agreement does 
     not extend the availability of any of this funding until 
     September 30, 2014, as proposed by the House. The conferees 
     do not include the language proposed by the House limiting 
     the use of $664,000,000 of fiscal year 2012 medical services 
     funding to the fourth quarter and only once approval is 
     obtained from the Committees.
       The conference agreement fully funds the family caregivers 
     program at the request level of $248,000,000 for fiscal year 
     2013. The conferees urge the VA to ensure that the caregivers 
     program remains a top priority.
       The conference agreement provides sufficient resources to 
     fully implement VA homeless assistance programs, including 
     the providers grant and per diem, domiciliary care for 
     homeless veterans, and the HUD-VA supported housing program. 
     In particular, the conferees urge the VA to focus on homeless 
     veterans living in rural and highly rural areas.
       The conferees concur with the direction of the House 
     regarding an annual report detailing the distribution of 
     medical services funding among the Veterans Integrated 
     Service Networks, central headquarters, and medical centers.
       The conferees concur with the House report language 
     directing the VA not to convert dialysis service from 
     contract-provided care to in-house care until after 
     completion and evaluation of its pilot demonstration. The 
     conferees include an exception to this directive if there are 
     any locations where it would result in a diminution of 
     clinical care.
       The conferees urge the VA to continue implementation of the 
     Integrated Mental Health Strategy.
       The conferees note that VA HIV testing rates significantly 
     improved at VA facilities which used a clinical reminder to 
     prompt routine HIV testing. The conferees urge the VA to 
     employ HIV testing clinical reminders at all VA medical 
     centers to accelerate the implementation of routine HIV 
     testing, consistent with VHA Directive 2009-036. The 
     conferees also encourage the VA to continue to award 
     laboratory and clinical grants to implement routine HIV 
     testing.

                     MEDICAL SUPPORT AND COMPLIANCE

       The conference agreement appropriates $5,746,000,000 in 
     advance for fiscal year 2013 for Medical Support and 
     Compliance, as proposed by both the House and the Senate. The 
     agreement does not extend the availability of any of this 
     funding until September 30, 2014, as proposed by the House.

                           MEDICAL FACILITIES

       The conference agreement appropriates $5,441,000,000 in 
     advance for fiscal year 2013 for Medical Facilities, as 
     proposed by both the House and the Senate. The agreement does 
     not extend the availability of any of this funding until 
     September 30, 2014, as proposed by the House. The conferees 
     urge the Department to submit an additional fiscal year 2013 
     budget request for Medical Facilities with the submission of 
     the 2013 budget to address the need for increased non-
     recurring maintenance funding. Additionally, the conferees 
     direct the Department to submit no later than April 6, 2012, 
     a comprehensive list by location of all established multi-
     specialty outpatient clinics and any proposed to be opened in 
     fiscal year 2012.

                    MEDICAL AND PROSTHETIC RESEARCH

       The conference agreement appropriates $581,000,000 for 
     Medical and Prosthetic Research as proposed by the Senate 
     instead of $530,774,000 as proposed by the House.
       The conferees continue to support the development of 
     advanced prosthetic devices and direct that, no later than 90 
     days after the enactment of this Act, the Secretary, in 
     coordination with the Defense Advanced Research Projects 
     Agency, shall submit to the Committees on Appropriations, the 
     Committees on Veterans Affairs, and the Committees on Armed 
     Services of both Houses of Congress a report on the 
     Department's plans to make the next generation of advanced 
     prosthetics available for injured veterans and members of the 
     Armed Forces. The report shall include the strategic plan and 
     timetable to make the next generation prosthetic devices 
     available and a description of the challenges (both technical 
     and administrative) that could impact the schedule, as well 
     as the Department's plans to mitigate these challenges.

                    NATIONAL CEMETERY ADMINISTRATION

       The conference agreement appropriates $250,934,000 for the 
     National Cemetery Administration (NCA) as proposed by both 
     the House and the Senate. Of the amount provided, $25,100,000 
     is available until September 30, 2013, as proposed by both 
     the House and the Senate.
       The conferees are concerned that the NCA has failed to 
     adequately serve the burial needs the nation's veterans in 
     rural areas. The NCA fiscal year 2012 budget submission 
     acknowledges that 10 percent of all veterans will not have 
     access to a burial option in a national, State or tribal 
     cemetery. The majority of these underserved veterans live in 
     rural areas, and the conferees are concerned that the NCA's 
     Urban Initiative will exacerbate the disparity of burial 
     services between urban and rural veterans. The conferees have 
     included a provision in the bill prohibiting funds from being 
     used to expand the Urban Initiative beyond the sites already 
     outlined in the budget until the NCA submits to the 
     Committees a detailed strategy to meet the burial needs of 
     veterans residing in rural and highly rural areas. The report 
     shall include a timeline for implementation of such a 
     strategy and cost estimates of establishing new burial sites 
     in at least five rural or highly rural locations. This report 
     shall be submitted no later than February 6, 2012.
       In the short term, because the Secretary has the authority 
     to waive Department guidance establishing a population 
     threshold for creating national cemeteries, the conferees 
     urge the Secretary to use this waiver authority to address 
     the pressing needs for access to VA cemeteries in some rural 
     areas.

                      DEPARTMENTAL ADMINISTRATION


                         GENERAL ADMINISTRATION

                     (INCLUDING TRANSFER OF FUNDS)

       The conference agreement appropriates $416,737,000 for 
     General Administration, instead of $400,500,000 as proposed 
     by the House and $431,257,000 as proposed by the Senate. Of

[[Page H9753]]

     the amount provided, $20,837,000 is available for obligation 
     until September 30, 2013, instead of $22,144,000 as proposed 
     by the House and $21,562,000 as proposed by the Senate. The 
     conference agreement includes bill language permitting the 
     transfer of funds from this account to ``General Operating 
     Expenses, Veterans Benefits Administration'', as proposed by 
     both the House and Senate. Bill language is not included to 
     identify specific resources to improve acquisition workforce 
     capacity. The House and Senate had included such language, 
     but with different funding amounts.
       The Administration's budget request proposed that funding 
     for administrative expenses associated with executive offices 
     be included in a single account with the general operating 
     expenses of the Veterans Benefits Administration. The 
     conference agreement includes funding for these two distinct 
     functions in two separate accounts: General operating 
     expenses, Veterans Benefits Administration; and General 
     administration, as proposed by both the House and Senate. The 
     conferees believe that differences in the mission and purpose 
     of the Department's executive offices and the Veterans 
     Benefits Administration justify providing funding in two 
     separate accounts. Further, separating these two broad 
     categories will provide the Congress with greater visibility 
     of budgetary resources and oversight of expenditures for 
     these two vital missions.
       The conference agreement includes the following funding 
     levels:

                        [In thousands of dollars]
------------------------------------------------------------------------
              Office                  House        Senate     Conference
------------------------------------------------------------------------
The Secretary....................        9,270       10,104       10,085
Board of Veterans Appeals........       78,273       78,006       78,006
General Counsel..................       80,778       84,073       83,099
Management.......................       43,956       45,686       45,598
Human Resources..................       68,590       70,516       70,379
Policy and Planning..............       26,015       26,127       26,015
Operations Security and Prep.....       16,746       19,543       18,510
Public and Intergovernmental            22,079       23,330       23,286
 Affairs.........................
Cong and Legislative Affairs.....        6,065        6,065        6,053
Acquisition, Logistics and              70,728       67,807       55,706
 Construction....................
Undistributed....................      -22,000  ...........  ...........
                                  --------------------------------------
    Total........................      400,500      431,257      416,737
------------------------------------------------------------------------

       The total for the Office of the General Counsel includes 
     $1,889,000 for staffing to speed the appeals process and 
     regulation promulgation, as requested by the Administration 
     and proposed by the Senate. The House had no similar 
     provision.
       Within the total for the Office of Management, the 
     conference agreement provides $1,600,000 to conduct audits of 
     the Veterans Health Administration Fee Care program, 
     as requested by the Administration and proposed by the 
     Senate. The House did not include a similar provision. The 
     conferees concur in the Fee Care report requirement 
     proposed by the Senate and expect the report to be 
     submitted within 90 days of enactment of this Act.
       The conferees provide $1,900,000 within the Office of 
     Operations, Security and Preparedness to implement the 
     Homeland Security Presidential Directive 12 mandate. The 
     Senate provided $2,900,000 for this activity, as proposed in 
     the Administration request; the House did not provide 
     specific funding. The agreement also provides $705,000 to 
     activate the Integrated Operations Center and the Capital 
     Region Readiness Center, as requested by the Administration 
     and proposed by the Senate. The House did not include a 
     similar provision.
       The conference agreement provides $1,150,000 within the 
     Office of Public and Intergovernmental Affairs for the tribal 
     government outreach and new media offices, as requested by 
     the Administration and proposed by the Senate. The House did 
     not include similar provisions.
       The conference agreement provides $5,000,000 within the 
     Office of Acquisition, Logistics, and Construction for the 
     2012 President's acquisition initiative and the facilities 
     management transformation. The House provided $20,000,000 for 
     these activities; the Senate provided $17,000,000.
       The conferees require the VA to include in budget 
     justification documents each year a detailed summary of the 
     marketing campaign budget, as proposed in the House report. 
     The Senate report did not include a similar requirement.
       The conferees concur in the Senate report directive 
     requiring a report on adopting payment recapture audits, with 
     the report to be submitted within 90 days of enactment of 
     this Act.

      GENERAL OPERATING EXPENSES, VETERANS BENEFITS ADMINISTRATION

       The conference agreement appropriates $2,018,764,000 for 
     General Operating Expenses, Veterans Benefits Administration, 
     as proposed by the Senate instead of $2,020,128,000, as 
     proposed by the House. The agreement makes available not to 
     exceed $105,000,000 of this funding until the end of fiscal 
     year 2013, as proposed by the Senate, instead of $105,856,000 
     as proposed by the House. The conferees concur with Senate 
     report language regarding Decision Review Officers.

                     INFORMATION TECHNOLOGY SYSTEMS

       The conference agreement appropriates $3,111,376,000 for 
     Information Technology (IT) Systems instead of $3,025,000,000 
     as proposed by the House and $3,161,376,000 as proposed by 
     the Senate. The agreement follows the Senate format of 
     identifying separately in bill language the funding available 
     for pay ($915,000,000); operations and maintenance 
     ($1,616,018,000); and systems development, modernization, and 
     enhancement ($580,358,000). The Senate bill provided 
     $915,000,000 for pay; $1,709,953,000 for operations and 
     maintenance; and $536,423,000 for development. The House 
     provided all IT funding in one lump sum. The agreement also 
     adopts the Senate proposal of making $25,000,000 of pay 
     funding available until the end of fiscal year 2013; 
     $110,000,000 of operations and maintenance funding available 
     until the end of fiscal year 2013; and all IT systems 
     development, modernization and enhancement funding available 
     until the end of fiscal year 2013. The House proposed to make 
     the entire IT appropriation available until the end of fiscal 
     year 2013.
       On May 2, 2011, the Secretary of Veterans Affairs and the 
     Secretary of Defense entered into an agreement to implement 
     an integrated electronic health record (iEHR) system rather 
     than pursue separate strategies for modernizing the two 
     existing health record systems. The conferees are encouraged 
     by this agreement and believe that successful development and 
     implementation is crucial for both Departments to continue to 
     provide high-quality medical care in the 21st century and to 
     enhance seamless transition from active duty to the VA.
       The conferees strongly encourage the Secretaries of the 
     Department of Veterans Affairs and the Department of Defense 
     to continue to work together throughout the development of 
     this new system to ensure an unambiguous and unified message 
     is clearly articulated to both Departments. It is imperative 
     the new iEHR system be agreed to and driven by senior 
     leadership at both Departments to ensure system development 
     is on time and within budget.
       Given that the two Departments entered into this agreement 
     after the Administration had transmitted the fiscal year 2012 
     budget request to Congress, the VA has had to alter its 
     original Information Technology budget submission to account 
     for iEHR. According to the VA, the requirement for iEHR in 
     fiscal year 2012 is $100,000,000, which includes $73,200,000 
     in development funds. The conference agreement fully funds 
     this request and includes an updated development chart 
     displaying the iEHR development requirement.
       The conferees direct the Department of Veterans Affairs, in 
     conjunction with the Department of Defense, to identify the 
     timeframe for completion of an integrated electronic health 
     record system and develop detailed benchmarks to track 
     progress. Additionally, the conferees direct the Office of 
     Information Technology to provide quarterly updates on the 
     progress of this project to the Committees on Appropriations 
     of both Houses of Congress.
       The conference agreement includes language proposed in both 
     the House and Senate bills requiring that no IT funding may 
     be obligated until the VA submits to the Committees, and the 
     Committees approve, an expenditure plan meeting the four 
     criteria outlined. The conferees are disturbed that the VA 
     has not complied with this language in previous years and 
     expect prompt compliance in fiscal year 2012.
       The conference agreement includes bill language proposed by 
     the Senate but not the House prohibiting the obligation of IT 
     development, modernization, and enhancement funding until the 
     VA submits a certification of the amounts to be obligated, in 
     part or in full, for each development project.
       The conference agreement includes bill language proposed by 
     the Senate but not the House permitting funding made 
     available for the three IT subaccounts to be transferred 
     among them after the VA requests and receives approval from 
     the Committees.
       The conferees include bill language making funds available 
     for IT development, modernization, and enhancement for the 
     projects and in the amounts specified in the following table:

               INFORMATION TECHNOLOGY DEVELOPMENT PROJECTS
                        [In thousands of dollars]
------------------------------------------------------------------------
                                                              Conference
                          Project                             agreement
------------------------------------------------------------------------
Veterans Benefits Management System (VBMS):
    VBMS...................................................       88,870
    Veterans Service Network (VETSNET).....................       17,843
                                                            ------------
        Total VBMS Development.............................      106,713
                                                            ============
Virtual Lifetime Electronic Record (VLER):
    Memorial/Cemeterial Legacy Development.................       10,859
    VISTA Web Performance and User Interface...............          600
    Bidirectional Health Information Exchange..............        3,760
    NHIN Gateway and Adaptor Development...................        8,435
    Veteran Authorization and Policies Development.........        4,100
    VLER Services..........................................        5,200
    Warrior Support/Information Sharing Initiative                 5,000
     Development...........................................
    Warrior Support/VA-DOD Identity Repository Development.        5,000
    Warrior Support/Federal Case Management Tool...........        6,640
                                                            ------------
        Total VLER Development.............................       49,594
                                                            ============
Access to Healthcare:
    Access IT-Program Management Office....................        1,000
    Emergency Department Information System Development....        7,400
    Surgical Quality and Workflow Management Development...       22,200
    Veterans Benefits Handbook Development.................        6,000
    TeleHealth.............................................        3,300
    Bed Management Solution Development....................        3,900
    National Utilization Management Integration Development        1,760
    VPS Kiosk Development..................................        1,799
                                                            ------------
        Total Access to Healthcare.........................       47,260
                                                            ============
New Models of Care:
    Patient Centered Medical Home Proposed Initiatives             2,200
     Development...........................................
    MyHealtheVet...........................................        2,410
    Enterprise Web Applications............................        4,350
    TeleHealth.............................................       10,700
    Program Management Office..............................        1,100
    VISTA Imaging--Telemedicine Development................        5,034
    Woman's Health Proposed Projects Development...........        1,900
                                                            ------------
        Total New Models of Care...........................       27,694
                                                            ============

[[Page H9754]]

 
Homelessness:
    Homelessness--At Risk Tracking.........................        2,470
    Homelessness Registries................................        2,250
    Homelessness Case Management Development...............          150
                                                            ------------
        Total Homelessness IT Development..................        4,870
                                                            ============
Healthcare Efficiency:
    PMO Support............................................        2,000
                                                            ------------
        Total Healthcare Efficiency........................        2,000
                                                            ============
Mental Health:
    Behavioral Health Lab Software Development.............        1,060
    My Recovery Plan.......................................        2,130
    Mental Health Systems Development......................        4,121
                                                            ------------
        Total Mental Health IT Development.................        7,311
                                                            ============
Other Development:
    Chapter 33 Development.................................       52,000
    Integrated Electronic Health Record Development........       73,200
    Health Management Platform Development.................        8,000
    Revenue Improvements System Enhancements Development...        1,091
    Compensation and Pension Records Interface Development.        1,091
    Caregivers Development.................................        8,000
    International Classification of Diseases--10                  29,930
     Development...........................................
    Health Provider Systems Development....................        4,000
    VHA Research IT Support Development....................       16,755
    Human Capital Development..............................        1,800
    Innovations............................................       14,024
    Integrated Operating Model.............................       16,520
    Strategic Capital Investment Planning Database                 2,800
     Development...........................................
    VA Learning Management Systems Development.............        3,650
    Enterprise IT Support Development......................        2,930
    Repositories Development...............................        3,273
    Standards and Terminology Services.....................        1,091
    Safety and Security Initiative.........................       21,163
    Enrollment System Modernization........................        3,323
    Veterans Relationship Management Development...........       70,275
                                                            ============
        Total Other Development............................      334,916
                                                            ============
Total Development..........................................      580,538
------------------------------------------------------------------------

       As proposed in the Senate bill, the conferees intend this 
     table to serve as the Department's approved list of 
     development projects; any requested changes are subject to 
     reprogramming guidelines. The agreement does not include the 
     House proposed bill language requiring the VA to submit to 
     the Committees a reprogramming base letter by project within 
     30 days of enactment of this Act.
       The conference agreement directs the Department to submit 
     an expenditure plan to the Committees within 30 days of 
     enactment of this Act as proposed by both the House and the 
     Senate. This plan should be in the same format as the table 
     above. The conferees also expect all future IT budget 
     displays provided to the Committees to use this format.
       The conferees concur in the Senate report language 
     concerning metrics for evaluating the Veterans Benefits 
     Management System pilot.

                      OFFICE OF INSPECTOR GENERAL

       The conference agreement appropriates $112,391,000 for the 
     Office of Inspector General as proposed by the Senate instead 
     of $109,391,000 as proposed by the House. Of the amount 
     provided, $6,000,000 is available for obligation until 
     September 30, 2013, as proposed by the House instead of 
     $6,600,000 as proposed by the Senate.

                      CONSTRUCTION, MAJOR PROJECTS

       The conference agreement appropriates $589,604,000 for 
     Construction, Major Projects as proposed by both the House 
     and the Senate.
       The agreement makes this funding available until expended, 
     as proposed by the Senate, rather than with a limitation of 
     five years as proposed by the House. The conferees are 
     concerned about the very large unobligated balances that have 
     built up in the major construction account and believe that 
     the account's ``no year'' funding framework must be changed. 
     In contrast, military construction funds provided in this 
     bill are made available on a five-year basis. The Department 
     of Defense (DOD) is able to manage these funds and construct 
     its buildings in a timely way. The conferees understand that 
     the VA will need to make process changes in planning, 
     budgeting, and execution to make the DOD five-year 
     obligation approach viable. The conferees direct the VA to 
     develop a plan to transition to five-year availability of 
     funds for both major and minor construction and deliver 
     the plan to the Committees within 180 days of enactment of 
     this Act. The plan should identify any legislative 
     language needed to make the plan workable. The conferees' 
     goal is to implement this plan when finalizing the fiscal 
     year 2013 budget in the fall of 2012.
       The conference agreement funds the following items as 
     requested in the budget submission and as proposed by both 
     the House and Senate:

------------------------------------------------------------------------
                                                            Conference
                         Project                             agreement
------------------------------------------------------------------------
Veterans Health Admin (VHA):
  New Orleans, LA new medical facility..................     $60,000,000
  Denver, CO new medical facility.......................      42,000,000
  San Juan, PR seismic corrections......................     100,720,000
  St. Louis, MO medical facility improvements...........      80,000,000
  Palo Alto, CA polytrauma/ambulatory care..............      75,900,000
  Bay Pines, FL in-/outpatient improvements.............      43,970,000
  Seattle, WA seismic deficiencies......................      47,500,000
  Reno, NV expansion of clinical services...............      21,380,000
  W. Los Angeles, CA new tower/renovation...............      50,790,000
  San Francisco, CA seismic deficiencies................      22,480,000
  Advance Planning Fund.................................      59,145,000
  Asbestos..............................................      40,000,000
  Facility Security.....................................       8,000,000
  CFM Staff.............................................      24,200,000
  Judgment Fund.........................................       5,000,000
    Total VHA...........................................     681,085,000
National Cemetery Admin (NCA):
  National Memorial Cemetery of Pacific columbarium/          23,700,000
   administration.......................................
  Advance Planning Fund.................................       4,500,000
  NCA Land Acquisition Fund.............................      10,000,000
    Total NCA...........................................      38,200,000
General Admin staff offices.............................       6,000,000
Available from existing projects........................   (135,681,000)
                                                         ---------------
Major construction total................................     589,604,000
------------------------------------------------------------------------

       The conferees direct the VA to submit a master plan at the 
     time of the budget submission describing each major 
     construction project included in the budget. The plan should 
     include the projected time line for completion of each 
     component of each of the projects and the annual and total 
     cost of each project. The format of the DOD Form 1391 is a 
     good model for the VA to use to describe clearly and 
     completely the expected obligations for each project.
       The conferees encourage the VA to examine its practices on 
     rehabilitation and re-use of national landmarks within the VA 
     infrastructure that are aging, outdated, or obsolete and 
     report to the Committees on any actions taken or planned to 
     be taken on these facilities.

                      CONSTRUCTION, MINOR PROJECTS

       The conference agreement appropriates $482,386,000 for 
     Construction, Minor Projects, instead of $475,091,000 as 
     proposed by the House and $550,091,000 as proposed by the 
     Senate. The agreement makes this funding available until 
     expended, as proposed by the Senate, rather than with a 
     limitation of five years as proposed by the House. As 
     indicated in the narrative for Construction, Major Projects, 
     the VA is directed to develop a plan to transition to five-
     year availability of funds for both major and minor 
     construction and deliver the plan to the Committees within 
     180 days of enactment of this Act.
       As proposed by the Senate, the conferees direct the 
     Department to provide to the Committees an expenditure plan 
     for this account within 30 days of enactment of this Act. The 
     House did not propose a similar requirement.
       The conferees expect the fiscal year 2013 budget submission 
     to include a separate list of all minor construction projects 
     proposed to be funded in fiscal year 2013 in priority order, 
     consistent with the integrated Strategic Capital Investment 
     Plan.

       GRANTS FOR CONSTRUCTION OF STATE EXTENDED CARE FACILITIES

       The conference agreement appropriates $85,000,000 for 
     Grants for Construction of State Extended Care Facilities, as 
     proposed by both the House and the Senate.

             GRANTS FOR CONSTRUCTION OF VETERANS CEMETERIES

       The conference agreement appropriates $46,000,000 for 
     Grants for Construction of Veterans Cemeteries, as proposed 
     by both the House and the Senate.

                       ADMINISTRATIVE PROVISIONS

             (Including Transfers and Rescissions of Funds)

       The conference agreement includes section 201 as proposed 
     by both the House and the Senate allowing for transfers among 
     three mandatory accounts.
       The conference agreement includes section 202 as proposed 
     by both the House and the Senate allowing for the transfer of 
     funds among the three medical accounts.
       The conference agreement includes section 203 as proposed 
     by both the House and the Senate allowing salaries and 
     expenses funds to be used for related authorized purposes.
       The conference agreement includes section 204 as proposed 
     by both the House and the Senate restricting the use of funds 
     for the acquisition of land.
       The conference agreement includes section 205 as proposed 
     by both the House and the Senate limiting the use of funds in 
     the Medical Services account only for entitled beneficiaries 
     unless reimbursement is made to the Department.
       The conference agreement includes section 206 as proposed 
     by both the House and the Senate allowing for the use of 
     certain mandatory appropriations accounts for payment of 
     prior year accrued obligations for those accounts.
       The conference agreement includes section 207 as proposed 
     by both the House and the Senate allowing the use of 
     appropriations available in this title to pay prior year 
     obligations.
       The conference agreement includes section 208 as proposed 
     by both the House and the Senate allowing the Department to 
     use surplus earnings from the National Service Life Insurance 
     Fund, the Veterans' Special Life Insurance Fund, and the 
     United States Government Life Insurance Fund to administer 
     these programs.
       The conference agreement includes section 209 as proposed 
     by both the House and the Senate allowing the Department to 
     cover the administrative expenses of enhanced-use leases 
     and provides authority to obligate these reimbursements in 
     the year in which the proceeds are received.
       The conference agreement includes section 210 as proposed 
     by both the House and the Senate limiting the amount of 
     reimbursement the Office of Resolution Management and the 
     Office of Employment Discrimination Complaint Adjudication 
     can charge other offices of the Department for services 
     provided.
       The conference agreement includes section 211 as proposed 
     by both the House and the Senate limiting the use of funds 
     for any lease with an estimated annual rental cost of more 
     than $1,000,000 unless approved by the Committees on 
     Appropriations of both Houses of Congress.

[[Page H9755]]

       The conference agreement includes section 212 as proposed 
     by both the House and the Senate requiring the Department to 
     collect third-party payer information for persons treated for 
     a non-service connected disability.
       The conference agreement includes section 213 as proposed 
     by both the House and the Senate allowing for the use of 
     enhanced-use leasing revenues for Construction, Major 
     Projects and Construction, Minor Projects.
       The conference agreement includes section 214 as proposed 
     by both the House and the Senate allowing Medical Services 
     funds to be used for expenses related to the broader mission 
     of medical care to veterans.
       The conference agreement includes section 215 as proposed 
     by both the House and the Senate allowing for funds deposited 
     into the Medical Care Collections Fund to be transferred to 
     the Medical Services account.
       The conference agreement includes section 216 as proposed 
     by both the House and the Senate which allows Alaskan 
     veterans to use medical facilities of the Indian Health 
     Service or tribal organizations.
       The conference agreement includes section 217 as proposed 
     by the Senate providing for the transfer of funds from the 
     Department of Veterans Affairs Capital Asset Fund to the 
     Construction, Major Projects and Construction, Minor Projects 
     accounts and makes those funds available until expended. The 
     House proposed that these funds be made available for five 
     years.
       The conference agreement includes section 218 as proposed 
     by both the House and the Senate prohibiting the use of funds 
     for any policy prohibiting the use of outreach or marketing 
     to enroll new veterans.
       The conference agreement includes section 219 as proposed 
     by both the House and the Senate requiring the Secretary to 
     submit quarterly reports on the financial status of the 
     Veterans Health Administration.
       The conference agreement includes section 220 as proposed 
     by both the House and the Senate requiring the Department to 
     notify and receive approval from the Committees of any 
     proposed transfer of funding to or from the Information 
     Technology Systems account.
       The conference agreement includes section 221 as proposed 
     by the Senate providing for transfer of funds among 
     development, modernization and enhancement projects or to 
     newly identified projects within the Information Technology 
     Systems account. The House proposed similar but more general 
     language.
       The conference agreement includes section 222 as proposed 
     by the Senate prohibiting any funds to be used to contract 
     out any function performed by more than ten employees without 
     a fair competition process. The House did not propose a 
     similar provision.
       The conference agreement includes section 223 as proposed 
     by both the House and the Senate limiting the obligation of 
     non-recurring maintenance funds during the last two months of 
     the fiscal year.
       The conference agreement includes section 224 as proposed 
     by both the House and the Senate providing up to $241,666,000 
     for transfer to the joint DoD-VA Medical Facility 
     Demonstration Fund.
       The conference agreement includes section 225 as proposed 
     by both the House and the Senate which authorizes transfers 
     from the Medical Care Collections Fund to the joint DoD-VA 
     Demonstration Fund.
       The conference agreement includes section 226 as proposed 
     by both the House and the Senate which transfers at least 
     $15,000,000 from VA medical accounts to the DoD-VA health 
     care sharing incentive fund.
       The conference agreement includes section 227 which is 
     similar to a provision proposed by both the House and the 
     Senate. It rescinds fiscal year 2012 medical account funding 
     and re-appropriates it to be available for two years. The 
     provision rescinds and re-appropriates $1,400,000,000 for 
     Medical Services, $100,000,000 for Medical Support and 
     Compliance, and $250,000,000 for Medical Facilities. The 
     House bill provided slightly different amounts.
       The conference agreement includes section 228 as proposed 
     by the Senate requiring that the Department notify the 
     Committees of bid savings in major construction projects of 
     at least $5,000,000 or 5 percent within 14 days of a contract 
     identifying the programmed amount. The House bill proposed 
     similar language.
       The conference agreement includes section 229 as proposed 
     by both the House and the Senate which prohibits the VA from 
     increasing the scope of work for a major construction project 
     above the scope specified in the original budget request.
       The conference agreement includes section 230 which is 
     similar to a provision proposed by the House regarding VA 
     provision of information about controlled substance 
     prescriptions to State controlled substance monitoring 
     programs. The Senate bill did not contain a similar 
     provision.
       The conference agreement does not include section 230 as 
     proposed by the Senate, requiring the Secretary, in 
     coordination with the Defense Advanced Research Projects 
     Agency (DARPA), to submit a report on the next generation of 
     advanced prosthetics. This issue is addressed under the 
     Medical and Prosthetic Research account.
       The conference agreement includes section 231 requiring the 
     Secretary to report to the Committees each quarter about any 
     single national outreach and awareness marketing campaign 
     exceeding $2,000,000. The House bill contained similar 
     language. The Senate did not have a comparable provision.
       The conference agreement includes, as VA administrative 
     provision section 232, a general provision proposed by the 
     House prohibiting the VA from using any funds to declare as 
     excess to the needs of the VA Federal land and improvements 
     to the St. Albans campus in New York. The Senate bill did not 
     include a similar provision.
       The conference agreement includes, as VA administrative 
     provision section 233, a general provision proposed by the 
     House prohibiting the use of funds in the Act for any 
     contract using procedures that do not give to small business 
     concerns owned and controlled by veterans any preference with 
     respect to such contract, except for a preference given to 
     small business concerns owned and controlled by service-
     disabled veterans. The Senate bill did not include a similar 
     provision.
       The conference agreement includes section 234 extending the 
     authorization for the VA office in the Philippines through 
     December 31, 2012. Neither the House nor the Senate bill 
     contained a comparable provision.

                               TITLE III

                            RELATED AGENCIES

                  AMERICAN BATTLE MONUMENTS COMMISSION

                         SALARIES AND EXPENSES

       The conference agreement includes $61,100,000 for Salaries 
     and Expenses of the American Battle Monuments Commission.

                 FOREIGN CURRENCY FLUCTUATIONS ACCOUNT

       The conference agreement includes such sums as necessary, 
     estimated at $16,000,000, for the Foreign Currency 
     Fluctuations Account.

           UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS

                         SALARIES AND EXPENSES

       The conference agreement includes $30,770,000 for Salaries 
     and Expenses.

                      DEPARTMENT OF DEFENSE--CIVIL

                       CEMETERIAL EXPENSES, ARMY

                         SALARIES AND EXPENSES

       The conference agreement includes $45,800,000 for Salaries 
     and Expenses.
       Information Technology.--The conferees recognize the 
     significant management and oversight improvements that have 
     been made at Arlington National Cemetery over the past year, 
     particularly efforts to improve the accuracy and reliability 
     of burial and headstone records. The conferees also realize 
     that the development of a robust information technology 
     system is essential to this effort. To ensure that 
     information technology development remains on track, the 
     Executive Director of the Cemetery is directed to provide a 
     report to Congress detailing the strategic plan and timetable 
     for completing the modernization of the Cemetery's 
     information technology system, including electronic burial 
     records. The report should also include a description of 
     improvements implemented to date, and identify any remaining 
     information technology and systems infrastructure 
     requirements. The report should be submitted to the following 
     Committees of both Houses of Congress no later than 90 days 
     after enactment of this Act: The Committees on 
     Appropriations, Armed Services, Veterans Affairs, and the 
     Senate Homeland Security and Governmental Affairs Committee.

                      ARMED FORCES RETIREMENT HOME

                               TRUST FUND

       The conference agreement includes $67,700,000 for the Armed 
     Forces Retirement Home, to be derived from the Trust Fund.

           GENERAL FUND PAYMENT ARMED FORCES RETIREMENT HOME

       The conference agreement includes $14,630,000 for the Armed 
     Forces Retirement Home, to be derived from the General 
     Treasury. The amount provided is to facilitate repairs at the 
     Washington, DC, campus to correct damage sustained by an 
     earthquake on August 23, 2011.

                        ADMINISTRATIVE PROVISION

       The conference agreement does not include a Senate 
     provision (Sec. 301) requiring a report on information 
     technology modernization for Arlington National Cemetery. 
     This issue is instead addressed elsewhere in this Statement 
     of Managers.

                                TITLE IV

                    OVERSEAS CONTINGENCY OPERATIONS

                         DEPARTMENT OF DEFENSE

       The conference agreement includes a new title IV, Overseas 
     Contingency Operations. Title IV provides funding for certain 
     military construction projects in the Central Command and 
     Africa Command Areas of Responsibility that was requested in 
     title I, Military Construction, in the budget submission. The 
     conferees agree that the projects transferred to title IV are 
     necessary to support the global war on terrorism and should 
     be designated as overseas contingency operations functions.

                      MILITARY CONSTRUCTION, ARMY

       The conference agreement appropriates $80,000,000 for 
     Military Construction, Army in this title instead of title I 
     of this Act as proposed by both the House and Senate.

[[Page H9756]]

              MILITARY CONSTRUCTION, NAVY AND MARINE CORPS

       The conference agreement appropriates an additional 
     $189,703,000 for Military Construction, Navy and Marine Corps 
     in this title instead of title I of this Act as proposed by 
     both the House and Senate.

                       ADMINISTRATIVE PROVISIONS

                    (INCLUDING RESCISSION OF FUNDS)

       The conference agreement includes section 401 rescinding 
     unobligated balances from title IV, Division E of Public Law 
     111-117 in the specific amount of $269,703,000. The House and 
     Senate bill included no similar provision.

[[Page H9757]]

     [GRAPHIC] [TIFF OMITTED] TH15DE11.470
     


[[Page H9758]]

                                TITLE V

                           GENERAL PROVISIONS

       Section 501 prohibits the obligation of funds in the Act 
     beyond the current fiscal year unless expressly so provided.
       Section 502 prohibits the use of the funds in this Act for 
     programs, projects or activities not in compliance with 
     Federal law relating to risk assessment, the protection of 
     private property rights, or unfunded mandates.
       Section 503 requires pay raises to be absorbed within the 
     levels appropriated in the Act.
       Section 504 prohibits the use of funds in the Act to 
     support or defeat legislation pending before Congress.
       Section 505 encourages all Departments to expand their use 
     of ``E-Commerce''.
       Section 506 specifies the Congressional Committees that are 
     to receive all reports and notifications.
       Section 507 prohibits the transfer of funds to any 
     instrumentality of the United States Government without 
     authority from an appropriations Act.
       Section 508 prohibits the use of funds for a project or 
     program named for a serving Member, Delegate, or Resident 
     Commissioner of the United States House of Representatives.
       Section 509 requires all reports submitted to the Congress 
     to be posted on official websites of the submitting agency.
       Section 510 prohibits the use of funds to establish or 
     maintain a computer network unless such network blocks the 
     viewing, downloading, and exchanging of pornography, except 
     for law enforcement investigation, prosecution, or 
     adjudication activities.
       Section 511 prohibits the use of funds in this Act for the 
     renovation, expansion, or construction of any facility in the 
     continental United States for the purpose of housing any 
     individual who has been detained at the United States Naval 
     Station, Guantanamo Bay, Cuba.
       Section 512 prohibits the use of funds for the payment of 
     first-class travel by an employee of the executive branch.
       Section 513 prohibits the use of funds in this Act for any 
     contract where the contractor has not complied with E-Verify 
     requirements.
       The conference agreement includes a modified House 
     provision, Section 514, which prohibits the use of funds in 
     this Act for any contract, memorandum of understanding, or 
     cooperative agreement with any corporation convicted of a 
     felony criminal violation within the preceding 24 months, 
     where the awarding agency is aware of the conviction.
       The conference agreement includes House provision 416 as an 
     administrative provision under title II.
       The conferees have not included a House provision, section 
     417 which prohibited funds for the enforcement of section 526 
     of the Energy Independence and Security Act of 2007. The 
     conferees note that the enforcement of section 526 of the 
     Energy Independence and Security Act of 2007 may lead to 
     higher fuel costs for federal fleets in the absence of 
     competitively priced new generation fuels that emit fewer 
     emissions. In carrying out this statute, the Secretary of 
     Defense and the Secretary of Veterans Affairs should work to 
     ensure that costs associated with fuel purchases necessary to 
     carry out the missions of their respective departments should 
     be minimized to the extent possible under the law.
       The conference agreement includes House provision 418 as an 
     administrative provision under title II.
       The conference agreement does not include House provision 
     419 which prohibited funds to be used in contravention of the 
     War Powers Resolution.

[[Page H9759]]

     [GRAPHIC] [TIFF OMITTED] TH15DE11.471
     


[[Page H9760]]

     [GRAPHIC] [TIFF OMITTED] TH15DE11.472
     


[[Page H9761]]

     [GRAPHIC] [TIFF OMITTED] TH15DE11.473
     


[[Page H9762]]

     [GRAPHIC] [TIFF OMITTED] TH15DE11.474
     


[[Page H9763]]

     [GRAPHIC] [TIFF OMITTED] TH15DE11.475
     


[[Page H9764]]

     [GRAPHIC] [TIFF OMITTED] TH15DE11.476
     


[[Page H9765]]

     [GRAPHIC] [TIFF OMITTED] TH15DE11.477
     


[[Page H9766]]

     [GRAPHIC] [TIFF OMITTED] TH15DE11.478
     


[[Page H9767]]

     [GRAPHIC] [TIFF OMITTED] TH15DE11.479
     


[[Page H9768]]

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

       In implementing this conference agreement, the departments 
     and agencies shall comply with the Senate report (S. Rept. 
     112-85) accompanying S. 1601 as though stated in this joint 
     explanatory statement unless specifically directed to the 
     contrary. Matters addressed in the report of the House 
     Subcommittee on State, Foreign Operations, and Related 
     Programs (Full Committee Print, circulated on July 29, 2011) 
     are restated in this joint explanatory statement where the 
     conferees concur.

                                TITLE I

                 DEPARTMENT OF STATE AND RELATED AGENCY

                          DEPARTMENT OF STATE

                   Administration of Foreign Affairs


                    DIPLOMATIC AND CONSULAR PROGRAMS

                     (INCLUDING TRANSFER OF FUNDS)

       The conference agreement provides $6,550,947,000 for 
     Diplomatic and Consular Programs (D), of which up to 
     $1,355,000,000 is for Worldwide Security Protection. The 
     conference agreement provides an additional $4,389,064,000 in 
     title VIII under this heading, which is designated for 
     Overseas Contingency Operations/Global War on Terrorism (OCO/
     GWOT) pursuant to the Balanced Budget and Emergency Deficit 
     Control Act of 1985.
       Within the total provided under this heading, the 
     conference agreement includes:
       $2,277,862,000 for Human Resources (of which $121,814,000 
     is for public diplomacy);
       $2,109,293,000 for Overseas Programs (of which $347,572,000 
     is for public diplomacy);
       $822,513,000 for Diplomatic Policy and Support; and
       $1,341,279,000 for security programs.
       The conference agreement does not include funding for the 
     185 new positions requested in fiscal year 2012. The 
     conference agreement assumes continuation of the pay freeze 
     in fiscal year 2012 for all Department of State employees, 
     including Foreign Service Officers.
       The conference agreement includes language amending the 
     heading ``Civilian Stabilization Initiative'' included in 
     prior acts to ``Conflict Stabilization Operations'' (CSO) and 
     provides transfer authority of up to $35,000,000 of the funds 
     appropriated under this heading to funds made available under 
     the CSO heading. The conference agreement provides an 
     additional $8,500,000 in title VIII under the CSO heading, 
     which is designated for OCO/GWOT pursuant to the Balanced 
     Budget and Emergency Deficit Control Act of 1985. The 
     conferees remain concerned with CSO's limited activities, 
     specifically the minor role it has played in response to the 
     earthquake in Haiti and the revolution in Libya. The 
     conferees will further assess the performance of the CSO 
     during fiscal year 2012.
       The conferees request the Secretary of State to be prepared 
     to report to the Committees on Appropriations in hearings on 
     the fiscal year 2013 budget on the use of the Secretary's 
     authority to determine whether an American citizen has 
     voluntarily renounced United States citizenship as a result 
     of engaging in activities with a Foreign Terrorist 
     Organization.
       The conferees recognize that B-1 and B-2 visitor visa 
     applications in some countries, such as the People's Republic 
     of China (PRC) and Brazil, are significantly and rapidly 
     increasing. The number of visa applications increased 53 
     percent in Brazil and 64 percent in the PRC from fiscal year 
     2010 to fiscal year 2011, resulting in increased delays in 
     interviewing applicants and longer approval times. The 
     Department of State is taking steps to reduce the wait time 
     but more needs to be done. Section 7076 of this Act directs 
     the Secretary of State to take steps to reduce delays in 
     processing tourist visas in the PRC, Brazil, and India, and 
     to consider extending the expiration period for B-1 and B-2 
     visas for applicants before requiring a consular officer 
     interview. The conferees recognize that wait times for 
     interviews can fluctuate due to unforeseen circumstances, 
     including assisting United States citizens abroad during an 
     emergency, but expect the Department to continue to implement 
     steps to minimize wait times. The conferees expect the 
     Secretary of State to determine the appropriate extension 
     beyond the current one-year limit in a manner consistent with 
     security controls. The conference agreement also permits the 
     Secretary to conduct a pilot program for processing tourist 
     visas via secure remote videoconferencing technology if doing 
     so would not pose a security risk.
       The conferees direct the Secretary of State to report to 
     the Committees on Appropriations, not later than 90 days 
     after enactment of this Act, on steps taken to reduce visa 
     processing wait times; the Department of State's 5-year 
     forecast of non-immigrant visas for each country; the number 
     of consular officers necessary to meet the Department's 
     standards; a comparison of the Department's forecast with the 
     Department of Commerce's 5-year visitor arrival projections; 
     and the impact of the different projections on visa 
     processing times and the required number of consular 
     officers.
       The conferees direct the Secretary of State to provide to 
     the Committees on Appropriations, not later than 90 days 
     after the end of any videoconference pilot program, an 
     assessment of the efficacy, efficiency, and security of this 
     technology for conducting visa interviews.
       The conferees endorse Senate report language regarding the 
     Coordinator for Cyber Issues, and recommend $1,000,000, in 
     addition to funds otherwise made available for such purposes, 
     for operations and programs under the Coordinator's 
     authority. The conferees recommend that the fiscal year 2013 
     congressional budget justification materials include a 
     request for program funds under the Coordinator's authority 
     in the accounts included in title III of this Act.
       The conferees urge the Department of State to examine 
     alternative approaches to furnishing residences for Foreign 
     Service Officers posted overseas, including consideration of 
     options for substantially reducing costs and delivery times 
     and increasing available choices.
       The conferees are concerned with the unnecessary idling of 
     parked motor vehicles that is wasteful and harms the 
     environment. The conferees direct that, not later than 90 
     days after enactment of this Act, the Secretary of State, in 
     consultation with the head of each United States Government 
     agency that uses funds appropriated by this Act to purchase 
     or lease motor vehicles, shall establish a policy to 
     eliminate the unnecessary idling of parked motor vehicles and 
     provide a copy of such policy to the Committees on 
     Appropriations. Such policy may include exceptions to 
     accommodate important security, health, or safety concerns, 
     and if necessary to perform an important job function, ensure 
     safe operating conditions, or to operate a motor vehicle in 
     accordance with manufacturer specifications.
       The conferees support the Secretary of State's expanded 
     engagement with governments to improve the inter-country 
     adoption process, to finalize implementation agreements with 
     such governments, where appropriate, and to resolve 
     impediments to the completion of adoptions for waiting 
     families and children.
       The conferees encourage the Secretary of State to continue 
     to support the United States-Colombia Action Plan on Racial 
     and Ethnic Equality and the United States-Brazil Joint Action 
     Plan on Racial and Ethnic Equality.
       The conference agreement includes new language prohibiting 
     the use of funds under this heading for the preservation of 
     religious sites unless the Secretary of State determines and 
     reports to the Committees on Appropriations that: (1) the 
     site is historically, artistically, or culturally 
     significant; (2) the purpose of the project is neither to 
     advance nor to inhibit the free exercise of religion; and (3) 
     the project is in the national interest of the United States.
       The conferees direct that a portion of the funds that have 
     been provided to the Bureau of International Organizations 
     Affairs and Office of International Conferences should be 
     used to support the Group of 8 (G-8) and NATO summits during 
     2012.
       The conference agreement includes language requiring the 
     continuation of the pilot Partner Vetting System (PVS), and 
     requires that such pilot be implemented by September 30, 
     2012. The conferees direct that such PVS pilot continue to be 
     applied equally to the programs and activities of the 
     Department of State and USAID, as required by section 7034 of 
     Public Law 111-117.
       The conferees direct the Secretary of State to provide to 
     the Committees on Appropriations, not later than 90 days 
     after enactment of this Act, the following information on the 
     Acquisitions Management program funded by the 1 percent 
     procurement fee: (1) the Working Capital Fund (WCF) including 
     carry-over balances, by line item, service center and 
     program, currently available for the Acquisitions Management 
     program; (2) the actual expenditures in fiscal year 2011 by 
     line item, service center and program; (3) the number of 
     staff, including employees and contractors funded by the 1 
     percent procurement fee; and (4) an evaluation of the 
     efficiencies and improvements gained through this program. 
     The Secretary is also directed to include: (1) the funds from 
     the 1 percent procurement fee in the WCF in the Department's 
     operating plans and quarterly unobligated balances report; 
     and (2) a WCF section in the Department's fiscal year 2013 
     congressional budget justification, providing information on 
     total budgetary resources for the Bureau of Administration 
     and any other office that receives WCF funds and a WCF table 
     by line item, service center and program that shall serve as 
     the control level for reprogramming and transfer purposes.
       The conferees direct the Secretary of State to continue to 
     assist American victims of terrorism abroad regarding frozen 
     assets for compensation and other issues, including from the 
     bombings of United States facilities in Kenya and Tanzania 
     and terrorist acts sponsored by former Libyan leader Muammar 
     Qaddafi.
       The conferees endorse Senate report language regarding 
     funding for the Bureau of Democracy, Human Rights and Labor 
     to monitor United States assistance to foreign security 
     forces pursuant to section 620M of the Foreign Assistance Act 
     of 1961, as amended by this Act.
       The conferees direct the Secretary of State to continue the 
     reporting requirement detailed under this heading in the 
     joint statement accompanying the Department of State, Foreign 
     Operations, and Related Programs Appropriations Act, 2010 
     (division F of Public Law 111-117) concerning agreements for 
     transfer and release of detainees at Naval Station, 
     Guantanamo Bay, Cuba.
       Section 7078 of this Act requires the Secretary of State to 
     submit an operating plan for funds appropriated in title I. 
     The conferees expect the operating plan to integrate

[[Page H9769]]

     the additional funds appropriated in title VIII for OCO/GWOT, 
     where appropriate, and the OCO/GWOT amounts should be 
     separately identified in the integrated plan.


                        CAPITAL INVESTMENT FUND

       The conference agreement provides $59,380,000 for the 
     Capital Investment Fund. In addition, the conference 
     agreement permits the transfer of up to $6,000,000 from funds 
     appropriated under the heading Diplomatic and Consular 
     Programs to funds available under this heading.


                      OFFICE OF INSPECTOR GENERAL

       The conference agreement provides $61,904,000 for the 
     Office of Inspector General (OIG), and an additional 
     $67,182,000 in title VIII under this heading is designated 
     for OCO/GWOT pursuant to the Balanced Budget and Emergency 
     Deficit Control Act of 1985.
       The conferees direct the Inspectors General of the 
     Department of State and the United States Agency for 
     International Development (USAID), the Special Inspector 
     General for Afghanistan Reconstruction (SIGAR), and the 
     Special Inspector General for Iraq Reconstruction (SIGIR) to 
     coordinate audit plans and activities to minimize unnecessary 
     duplication, ensure comprehensive oversight plans, and 
     maximize the effective use of resources. The conferees direct 
     the OIG to continue to plan for increased responsibilities 
     when SIGIR draws down its oversight operations.
       Section 7078 of the conference agreement requires the 
     relevant department, agency, or organization to submit to the 
     Committees on Appropriations a spend plan for funds 
     appropriated in titles I and II of this Act. The conferees 
     expect each inspector general funded under this heading in 
     titles I and VIII to submit such plans within 30 days of 
     enactment of this Act.


               EDUCATIONAL AND CULTURAL EXCHANGE PROGRAMS

       The conference agreement provides $583,200,000 for 
     Educational and Cultural Exchange Programs, and an additional 
     $15,600,000 in title VIII under this heading is designated 
     for OCO/GWOT pursuant to the Balanced Budget and Emergency 
     Deficit Control Act of 1985.
       No funds are provided for the one-time competitive grants 
     program in fiscal year 2012.
       Section 7078 of this Act includes a requirement that the 
     Secretary of State submit to the Committees on Appropriations 
     an operating plan for funds appropriated under this heading. 
     The conferees expect such plan will include the distribution 
     of unobligated balances and recoveries, as well as any 
     transfers to this account from other accounts. The operating 
     plan should integrate the funds appropriated under this 
     heading in title VIII of this Act for OCO/GWOT, and the OCO/
     GWOT amounts should be separately identified in the 
     integrated plan.
       Funds in this account are allocated, unless otherwise 
     noted, according to the following table, and are subject to 
     the provisions of section 7019 of this Act:

               EDUCATIONAL AND CULTURAL EXCHANGE PROGRAMS
               [Budget authority in thousands of dollars]
------------------------------------------------------------------------
                                                                Budget
                          Activity                            authority
------------------------------------------------------------------------
Academic Exchanges.........................................      324,582
    Special Academic Exchanges (non-add)...................     [38,670]
Professional and Cultural Exchanges........................      193,964
    Special Professional and Cultural Exchanges (non-add)..      [7,881]
Program Evaluation.........................................        5,054
Exchanges Support..........................................       59,600
                                                            ------------
        Total, Educational and Cultural Exchange Programs       583,200
         \1\...............................................
------------------------------------------------------------------------
\1\ An additional $15,600,000 is included in title VIII under this
  heading designated for OCO/GWOT pursuant to the Balanced Budget and
  Emergency Deficit Control Act of 1985.

                       REPRESENTATION ALLOWANCES

       The conference agreement provides $7,300,000 for 
     Representation Allowances.
       The conferees direct the Secretary of State to provide a 
     semi-annual report to the Committees on Appropriations on the 
     allotment and expenditure of representation allowances.


              PROTECTION OF FOREIGN MISSIONS AND OFFICIALS

       The conference agreement provides $27,000,000 for 
     Protection of Foreign Missions and Officials.
       The conferees expect the Secretary of State to continue to 
     submit to the Committees on Appropriations a semi-annual 
     report on the number of claims for extraordinary protective 
     services that have been submitted by eligible jurisdictions 
     and certified as meeting the program requirements, and the 
     amount of unobligated funds available to pay such claims.
       The conferees urge the Secretary of State to make 
     appropriate reimbursements to jurisdictions providing 
     security for visiting foreign officials and their delegations 
     attending the G-8 and NATO summits in the United States 
     during 2012.


            EMBASSY SECURITY, CONSTRUCTION, AND MAINTENANCE

       The conference agreement provides $1,537,000,000 for 
     Embassy Security, Construction, and Maintenance, of which 
     $775,000,000 is for worldwide security upgrades and 
     $762,000,000 is for other construction, operations, and 
     maintenance. The conference agreement provides an additional 
     $33,000,000 in title VIII under this heading designated for 
     OCO/GWOT pursuant to the Balanced Budget and Emergency 
     Deficit Control Act of 1985.
       The conference agreement does not include funding for the 
     nine new positions requested for fiscal year 2012. The 
     conference agreement includes authorization for the 
     Maintenance Cost Sharing initiative to utilize funding from 
     the Capital Security Cost Sharing (CSCS) program for the 
     maintenance, repair, and rehabilitation of new facilities 
     with an inter-agency presence.
       The conferees are concerned with the long-term 
     sustainability of the operating, maintenance, and utility 
     costs of new diplomatic and consular facilities and directs 
     the Secretary of State to impose a moratorium on beginning 
     any new Capital Security construction projects until the 
     Secretary provides the following information to the 
     Committees on Appropriations: (1) the additional annual costs 
     for operations and maintenance, including utilities and 
     salaries, and the number of additional facilities and 
     engineering staff that have been hired to operate the 
     diplomatic and consular facilities that have become 
     operational since the CSCS program began; (2) the estimated 
     additional costs for operations and maintenance, including 
     utilities and salaries, and the number of additional 
     facilities and engineering staff necessary to operate the 
     diplomatic and consular facilities that have been funded and/
     or are being constructed; and (3) the plan for addressing the 
     $111,000,000 in deferred maintenance at existing diplomatic 
     and consular facilities reported in the Department's 2010 
     financial statements.
       The conferees direct the Secretary of State to seek to 
     ensure that, where practicable, construction projects funded 
     by this Act are accessible to people with disabilities.
       Section 7004(c) of this Act continues the requirement that 
     all agencies and departments fully meet their capital cost 
     share obligations under section 604(e) of the Secure Embassy 
     Construction and Counterterrorism Act of 1999, and directs 
     that such agency assessments be proportional to the 
     Department of State's capital security cost share 
     contribution. The conferees direct that funds appropriated in 
     prior acts not be used to augment the Department of State's 
     capital security cost share contribution for purposes of 
     determining the 2012 capital security cost share assessment 
     of other agencies.
       Section 7004(f) of this Act includes a limitation on the 
     use of funds, other than funds from real property sales 
     located in London, United Kingdom, for site acquisition and 
     mitigation, planning, design or construction of the New 
     London Embassy and requires regular reporting on the 
     project's progress and cost.
       Section 7078 of this Act requires the Secretary of State to 
     submit to the Committees on Appropriations an operating plan 
     for funds appropriated under this heading. Such plan should 
     include all resources available to the Department of State in 
     fiscal year 2012 for operations, maintenance, and 
     construction, and an accounting of the actual and anticipated 
     proceeds of sales for all projects in fiscal year 2011. The 
     operating plan should integrate the funds appropriated under 
     this heading in title VIII of this Act for OCO/GWOT, and the 
     OCO/GWOT amounts should be separately identified in the 
     integrated plan.


           EMERGENCIES IN THE DIPLOMATIC AND CONSULAR SERVICE

                     (INCLUDING TRANSFER OF FUNDS)

       The conference agreement provides $9,300,000 for 
     Emergencies in the Diplomatic and Consular Service.


                   REPATRIATION LOANS PROGRAM ACCOUNT

                     (INCLUDING TRANSFER OF FUNDS)

       The conference agreement provides $1,447,000 for the 
     Repatriation Loans Program Account, of which not more than 
     $710,000 is for administrative expenses.


              PAYMENT TO THE AMERICAN INSTITUTE IN TAIWAN

       The conference agreement provides $21,108,000 for the 
     American Institute in Taiwan.


     PAYMENT TO THE FOREIGN SERVICE RETIREMENT AND DISABILITY FUND

       The conference agreement provides $158,900,000 for the 
     Foreign Service Retirement and Disability Fund.

                      International Organizations


              CONTRIBUTIONS TO INTERNATIONAL ORGANIZATIONS

       The conference agreement provides $1,449,700,000 for 
     Contributions to International Organizations, and an 
     additional $101,300,000 in title VIII under this heading is 
     designated for OCO/GWOT pursuant to the Balanced Budget and 
     Emergency Deficit Control Act of 1985.
       The conferees direct the Secretary of State to report to 
     the Committees on Appropriations, not later than 90 days 
     after enactment of this Act, on the current status of the 
     United Nations Capital Master Plan, including its initial 
     scope and costs, any modifications made or planned, and the 
     total contributions made to date by each United Nations (UN) 
     member state.
       The conferees direct the Secretary of State to conduct a 
     review of United States membership in each international 
     organization

[[Page H9770]]

     supported by this account and prioritize the United States 
     participation in, and funding for, each organization in 
     accordance with United States policy goals. The review should 
     also include any recent reforms the organizations have taken 
     to increase transparency and accountability. The conferees 
     direct the Secretary to provide the results of the review not 
     later than 120 days after enactment of this Act.
       The conferees direct the United States Mission to the 
     United Nations (USUN) and the Department of State to continue 
     to advocate for an independent Office of Internal Oversight 
     Services (OIOS) to improve internal controls, efficiency, and 
     effectiveness of the UN. The conferees expect the Department 
     and USUN to make the United Nations Transparency and 
     Accountability Initiative a priority, and to provide updates 
     in the congressional budget justification for fiscal year 
     2013 and on the Web site.
       The conferees expect the Department of State to continue to 
     submit a report to the Committees on Appropriations on voting 
     practices in the UN.
       Section 7078 of this Act requires the Secretary of State to 
     submit an operating plan for the funds made available under 
     this heading. The operating plan should include each 
     international organization funded, a notation of any exchange 
     rate fluctuations that occurred since such estimates were 
     calculated for the congressional budget justification for 
     fiscal year 2012, and a description of any Tax Equalization 
     Fund credits applied. In addition, the operating plan should 
     integrate the funds appropriated under this heading in title 
     VIII of this Act for OCO/GWOT, and the OCO/GWOT amounts 
     should be separately identified in the integrated plan.


        CONTRIBUTIONS FOR INTERNATIONAL PEACEKEEPING ACTIVITIES

       The conference agreement provides $1,828,182,000 for 
     Contributions for International Peacekeeping Activities.
       The conferees expect the Department of State and USUN to 
     evaluate and prioritize peacekeeping missions, and consider 
     phase-out and withdrawal when mission goals have been 
     substantially achieved.
       The conferees direct the Department of State to ensure that 
     OIOS conducts oversight of UN peacekeeping missions.
       The conference agreement includes language in section 7078 
     requiring an operating plan for this account not later than 
     30 days after enactment of this Act. The conferees expect the 
     operating plan to include each peacekeeping mission funded 
     and a description of any credits applied.

                       International Commissions


 International Boundary and Water Commission, United States and Mexico

                         Salaries and Expenses

       The conference agreement provides $44,722,000 for salaries 
     and expenses of the International Boundary and Water 
     Commission, United States and Mexico (IBWC).


                              CONSTRUCTION

       The conference agreement provides $31,453,000 for planning, 
     preparation, and construction.
       Funds in this account are allocated according to the 
     following table and are subject to the provisions of section 
     7019 of this Act:

                            IBWC-Construction
               [Budget authority in thousands of dollars]
------------------------------------------------------------------------
                                                                Budget
                      Program/activity                        authority
------------------------------------------------------------------------
Water Quantity Program.....................................       24,353
    Rio Grande Flood Control System Rehabilitation (non-         [9,700]
     add)..................................................
Water Quality Program......................................        1,400
Resource & Asset Management Program........................        5,700
                                                            ------------
        Total, IBWC--Construction..........................       31,453
------------------------------------------------------------------------

              AMERICAN SECTIONS, INTERNATIONAL COMMISSIONS

       The conference agreement provides $11,687,000 for American 
     Sections, International Commissions.


                  INTERNATIONAL FISHERIES COMMISSIONS

       The conference agreement provides $36,300,000 for 
     International Fisheries Commissions.
       The conference agreement includes funding for the 
     operational costs of the International Pacific Halibut 
     Commission, including current lease expenses, and the 
     conferees direct the Commission to fund these costs prior to 
     investing in new programs or expanding existing programs.
       The conferees intend that funds made available under this 
     heading be allocated as detailed in the Senate report.

                             RELATED AGENCY

                    Broadcasting Board of Governors


                 INTERNATIONAL BROADCASTING OPERATIONS

       The conference agreement provides $740,100,000 for 
     International Broadcasting Operations, and an additional 
     $4,400,000 in title VIII under this heading is designated for 
     OCO/GWOT pursuant to the Balanced Budget and Emergency 
     Deficit Control Act of 1985.
       The conferees endorse Senate report language regarding the 
     denial of funding for Broadcasting Board of Governors (BBG) 
     program enhancements. The conferees do not support the 
     proposed recommendation to restructure broadcasting to the 
     PRC, and provide adequate funding to sustain fiscal year 2011 
     program levels for Voice of America (VOA) and Radio Free Asia 
     broadcasts to the PRC, including engineering costs. The 
     conferees also provide adequate funding to continue fiscal 
     year 2011 program levels for Radio Free Europe/Radio 
     Liberty's Radio Mashaal and VOA's Radio Deewa.
       The conferees direct the BBG to notify the Committees on 
     Appropriations of any significant increases or decreases to 
     broadcast hours on each transmission platform (including 
     shortwave, medium wave, Internet, satellite, and television) 
     previously justified to Congress for all BBG language 
     services. The conferees do not intend that the BBG should 
     notify the Committees regarding minor or short-term broadcast 
     schedule changes with minimal funding implications or that 
     result from spring and fall time changes.
       The conferees support continued funding for the BBG's 
     Internet circumvention program and direct the BBG to submit a 
     report to the Committees on Appropriations, prior to the 
     initial obligation of funds, detailing planned expenditures 
     of funds that are made available for activities to promote 
     Internet freedom. The conferees also direct the BBG, in 
     coordination with the Secretary of State, to submit to the 
     Committees on Appropriations, not later than September 30, 
     2012, a report describing efforts supported by the BBG, 
     Department of State and USAID to promote Internet freedom, 
     including an assessment of the results of such efforts and 
     safeguards against the use of circumvention technology for 
     illicit or illegal purposes. The conferees recommend that the 
     fiscal year 2013 congressional budget justification materials 
     include a request for funds for this program under this 
     heading.
       Funds in this account are allocated according to the 
     following table and are subject to the provisions of section 
     7019 of this Act:

                  International Broadcasting Operations
               [Budget authority in thousands of dollars]
------------------------------------------------------------------------
                                                                Budget
                          Program                             authority
------------------------------------------------------------------------
Federal
    BBG/IBB Operations.....................................       72,760
    Voice of America.......................................      206,255
    Broadcasting to Cuba...................................       28,475
    Engineering and Technical Services.....................      189,300
        Subtotal, Federal..................................      496,790
Independent Grantee Organizations:
    Radio Free Europe/Radio Liberty (RFE/RL)...............       94,870
    Radio Free Asia........................................       38,315
    Middle East Broadcasting Networks......................      110,125
                                                            ------------
        Subtotal, Grantees.................................      243,310
                                                            ------------
            Total, International Broadcasting Operations        740,100
             \1\...........................................
------------------------------------------------------------------------
\1\  An additional $4,400,000 is included in title VIII under this
  heading designated for OCO/GWOT pursuant to the Balanced Budget and
  Emergency Deficit Control Act of 1985.

       Section 7078 requires the BBG to submit an operating plan 
     for funds appropriated under this heading not later than 30 
     days after enactment of this Act. The conferees request that 
     such plan include the assessed amount for the BBG's capital 
     security cost share. In addition, the operating plan should 
     integrate the funds appropriated under this heading in title 
     VIII of this Act for OCO/GWOT, and the OCO/GWOT amounts 
     should be separately identified in the integrated plan.


                   BROADCASTING CAPITAL IMPROVEMENTS

       The conference agreement provides $7,030,000 for 
     Broadcasting Capital Improvements.

                            RELATED PROGRAMS

                          The Asia Foundation

       The conference agreement provides $17,000,000 for The Asia 
     Foundation (TAF).
       The conferees urge TAF to continue to seek donations from 
     private foundations and corporations, competitively bid 
     awards from governmental and multilateral development 
     agencies, and fee-based or reimbursable agreements as a means 
     of sustaining its activities, programs and offices in an 
     environment of fiscal constraint. The conferees request that 
     TAF include a summary table detailing total revenue and 
     support by category for fiscal year 2011 and projected for 
     fiscal year 2012 in the fiscal year 2013 congressional budget 
     justification.

                    United States Institute of Peace

       The conference agreement provides $30,589,000 for the 
     United States Institute of Peace (USIP), and an additional 
     $8,411,000 in title VIII under this heading is designated for 
     OCO/GWOT pursuant to the Balanced Budget and Emergency 
     Deficit Control Act of 1985.
       The conferees urge USIP to continue to seek competitively 
     bid awards from other Federal agencies and to fully implement 
     fee-based or reimbursable agreements, where appropriate, as a 
     means of sustaining its activities and programs in an 
     environment of fiscal constraint. The conferees request USIP 
     include in the fiscal year 2013 congressional budget 
     justification information on the amount of funds received in 
     fiscal year 2011 from other Federal agencies, and the amount 
     of revenue generated from fees and reimbursable agreements in 
     fiscal year 2011, and projected for fiscal years 2012 and 
     2013.

         Center for Middle Eastern-Western Dialogue Trust Fund

       The conference agreement provides $840,000 from interest 
     and earnings from the Center for Middle Eastern-Western 
     Dialogue Trust Fund.

[[Page H9771]]

                 Eisenhower Exchange Fellowship Program

       The conference agreement provides $500,000 from interest 
     and earnings from the Eisenhower Exchange Fellowship Program 
     Trust Fund.

                    Israeli Arab Scholarship Program

       The conference agreement provides $375,000 from interest 
     and earnings from the Israeli Arab Scholarship Endowment 
     Fund.

                            East-West Center

       The conference agreement provides $16,700,000 for the East-
     West Center.

                    National Endowment for Democracy

       The conference agreement provides $117,764,000 for the 
     National Endowment for Democracy (NED).
       The conference agreement directs that $100,000,000 shall be 
     allocated in the traditional and customary manner, as in 
     prior years, to include the core institutes.
       The conference agreement requires the President of NED to 
     submit a report on the proposed uses of these funds on a 
     regional and country basis not later than 45 days after 
     enactment of this Act. The report should include programmatic 
     goals for each country and region, and how the planned use of 
     funds will meet such goals. The conferees direct NED to 
     consult with the Committees on Appropriations in advance of 
     any significant deviation from the plans outlined in such 
     report.

                           OTHER COMMISSIONS

      Commission for the Preservation of America's Heritage Abroad


                         Salaries and Expenses

       The conference agreement provides $634,000 for Commission 
     for the Preservation of America's Heritage Abroad.

      United States Commission on International Religious Freedom


                         SALARIES AND EXPENSES

       The conference agreement provides $3,000,000 for the United 
     States Commission on International Religious Freedom.
       The conference agreement extends the Commission's 
     authorization for one year and adds language making 
     applicable to the Commission certain authorities and 
     limitations regarding employee rights, travel, and the 
     procurement of temporary services.
       The conferees also direct the Commission to provide a 
     report to the Committees on Appropriations on actual fiscal 
     year 2012 obligations and expenditures by cost category not 
     later than October 31, 2012.

            Commission on Security and Cooperation in Europe


                         SALARIES AND EXPENSES

       The conference agreement provides $2,715,000 for the 
     Commission on Security and Cooperation in Europe.

  Congressional-Executive Commission on the People's Republic of China


                         Salaries and Expenses

       The conference agreement provides $1,996,000 for 
     Congressional-Executive Commission on the People's Republic 
     of China.

      United States-China Economic and Security Review Commission


                         SALARIES AND EXPENSES

       The conference agreement provides $3,493,000 for the United 
     States-China Economic and Security Review Commission.
       Not later than 180 days after enactment of this Act, the 
     conferees direct the Commission to report to the Committees 
     on Appropriations on the use of non-military assistance by 
     the PRC (including loans, grants, and other funds not 
     recognized as assistance by the Organization for Economic 
     Cooperation and Development) to expand its strategic 
     influence and access to natural resources. The report should 
     be prepared on a region-by-region basis, include an analysis 
     of the use of state-owned enterprises by the Government of 
     the PRC (including those of the People's Liberation Army) to 
     further these objectives, and be publicly available on the 
     Commission's Web site.

                                TITLE II

           UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT

                  Funds Appropriated to the President


                           OPERATING EXPENSES

                     (INCLUDING TRANSFER OF FUNDS)

       The conference agreement provides $1,092,300,000 for USAID 
     Operating Expenses, and an additional $255,000,000 in title 
     VIII under this heading is designated for OCO/GWOT pursuant 
     to the Balanced Budget and Emergency Deficit Control Act of 
     1985.
       The conference agreement extends the period of availability 
     of funds under this heading from one to two years, and no 
     longer extends the authorities of section 7011 for funds made 
     available under this heading.
       The conference agreement does not provide funding for 
     additional Development Leadership Initiative positions in 
     fiscal year 2012.
       The conferees recognize the importance of USAID's 
     procurement reform efforts to enable USAID to become a more 
     accessible, transparent, effective, and efficient agency, and 
     the conference agreement includes several provisions intended 
     to support these efforts as well as to build the capacity of 
     local partners. The conference agreement includes section 
     7077 regarding authority for a local competition pilot 
     project, provides $22,000,000 for the Acquisition Workforce 
     Initiative and the Implementation and Procurement Reform 
     Initiative, and $3,000,000 for upgrades to the procurement IT 
     system. The conferees intend that these funds will be used 
     for USAID's procurement reform efforts in fiscal years 2012 
     and 2013. In addition, the conference agreement includes 
     adequate funds for fiscal year 2012 staffing and operations 
     costs for the Office of Acquisition and Assistance and for 
     operations and maintenance of the procurement IT system. The 
     conference agreement does not include a requested provision 
     authorizing a new USAID Working Capital Fund. The conferees 
     will revisit the justification for such a fund in fiscal year 
     2013. The conferees direct the USAID Administrator to provide 
     to the Committees on Appropriations not later than May 1, 
     2012, an assessment of the efficiencies and improvements 
     achieved as a result of USAID's procurement reform efforts.
       The conferees direct the USAID Administrator to provide a 
     report on staff hired by USAID, not later than 60 days after 
     enactment of this Act, which details the number of people 
     employed by: employment category (direct hire, personal 
     service contractor, Participating Agency Service Agreement, 
     and similar categories); veteran status of direct hires; 
     headquarters office or overseas post; and the appropriation 
     account used to fund employees. The report shall also include 
     the specific legislative authorities used to hire the 
     employees as applicable, and if hired by another Federal 
     agency, the additional administrative expenses charged by 
     that agency. The conferees direct that this employment report 
     reflect data as of the end of fiscal year 2011.
       As in past years, USAID is directed to notify the 
     Committees on Appropriations 15 days prior to any procurement 
     action that involves awarding a sole source contract in 
     excess of $15,000,000; awarding a non-competitive grant or 
     contract (other than sole source) in an amount greater than 
     $75,000,000; raising the ceiling on an existing Indefinite 
     Quantity Contract (IQC) by an amount greater than 
     $35,000,000; issuing a new IQC in excess of $75,000,000; 
     awarding an umbrella grant in excess of $25,000,000; or 
     raising the ceiling on an existing umbrella grant in excess 
     of $25,000,000. This requirement does not apply to assistance 
     in critical priority countries and assistance for 
     humanitarian response or post-conflict situations.
       The conferees direct the USAID Administrator to include in 
     the fiscal year 2013 congressional budget justification an 
     estimate of savings resulting from closing missions by each 
     mission for fiscal years 2012, 2013, and 2014. The conferees 
     support USAID's plan to close three missions during fiscal 
     year 2012.
       The conference agreement includes changes in section 7015 
     on notification requirements for certain reorganization 
     actions, and the conferees direct the USAID Administrator to 
     consult with the Committees on Appropriations prior to 
     initiating such actions. For the purposes of this 
     requirement, such reorganizations are limited to those 
     resulting in a significant shift in responsibility of the 
     operating unit or in staffing and funds. The conferees do not 
     expect to be consulted or notified for staffing 
     reorganizations resulting in little or no change in 
     responsibility of the operating unit, staffing or funds.
       The conferees direct the USAID Administrator to submit a 
     report to the Committees on Appropriations, not later than 
     180 days after enactment of this Act, on the implementation 
     of its branding policy. The report should include an analysis 
     of the public diplomacy impact of the current branding policy 
     on a regional basis and the justification for the use of 
     waivers to the policy.
       The conferees intend that funds appropriated under this 
     heading be made available to develop and implement training 
     for staff in overseas missions to promote the full inclusion 
     and equal participation of people with disabilities. The 
     conferees direct the USAID Administrator to seek to ensure 
     that, where practicable, construction projects funded by this 
     Act are accessible to people with disabilities and in 
     compliance with USAID Policy on Standards for Accessibility 
     for the Disabled, or other similar accessibility standards.
       Funds in this account are allocated, unless otherwise 
     noted, according to the following table, and are subject to 
     the provisions of section 7019 of this Act:

                        USAID OPERATING EXPENSES
               [Budget authority in thousands of dollars]
------------------------------------------------------------------------
                                                              Budget
                         Program                             authority
------------------------------------------------------------------------
Agency Reform Efforts...................................         344,762
    Development Leadership Initiative (no new hires)           [319,762]
     (non-add)..........................................
        Procurement Reform (non-add)....................        [25,000]
Non-Frontline States Operations (including headquarters)         632,100
Overseas Space Expansion................................          12,500
Central Support.........................................         191,064
Less other sources \1\..................................         -88,126
                                                         ---------------
    TOTAL, USAID Operating Expenses \2\.................      1,092,300
------------------------------------------------------------------------
\1\ Other sources include trust funds and reimbursements.
\2\ An additional $255,000,000 is included in title VIII under this
  heading designated for OCO/GWOT pursuant to the Balanced Budget and
  Emergency Deficit Control Act of 1985.

                        CAPITAL INVESTMENT FUND

       The conference agreement provides $129,700,000 for the 
     Capital Investment Fund.
       The conferees direct the USAID Administrator to consult 
     with the Committees on Appropriations, not later than 60 days 
     after enactment of this Act and prior to the initial 
     obligation of funds, on the proposed uses of these funds for 
     the Capital Security Cost Sharing Program.


                      OFFICE OF INSPECTOR GENERAL

       The conference agreement provides $46,500,000 for the 
     Office of Inspector General,

[[Page H9772]]

     and an additional $4,500,000 in title VIII under this heading 
     is designated for OCO/GWOT pursuant to the Balanced Budget 
     and Emergency Deficit Control Act of 1985.
       Funds appropriated under this heading are subject to the 
     terms of section 7078 of this Act.

                               TITLE III

                     BILATERAL ECONOMIC ASSISTANCE

                  Funds Appropriated to the President


                         GLOBAL HEALTH PROGRAMS

                     (INCLUDING TRANSFER OF FUNDS)

       The conference agreement provides $8,167,860,000 for Global 
     Health Programs.
       The conference agreement does not include language 
     restricting the use of USAID's Global Health Programs funds 
     for nonproject assistance. However, the conferees understand 
     that USAID does not intend to enter into additional funding 
     arrangements of this type, and agree with that position.
       The Secretary of State and USAID Administrator are directed 
     to provide a government-wide funding summary of global health 
     programs for fiscal year 2012 to the Committees on 
     Appropriations, not later than 90 days after enactment of 
     this Act. The conferees expect the report to include a 
     description of the differentiation of goals, implementing 
     partners, and auditing standards for each Federal agency.
       The conferees expect USAID to prioritize awarding funds 
     under this heading through a competitive bidding process.
       The conferees direct the USAID Administrator and the United 
     States Global AIDS Coordinator to provide to the Committees 
     on Appropriations, not later than 60 days after enactment of 
     this Act, a report detailing steps taken to prevent the 
     misappropriation of drugs funded through bilateral and 
     multilateral funds.
       The conferees direct USAID to develop and submit a new 
     multi-year strategy on health-related research and 
     development to the Committees on Appropriations.
       The conferees direct that no funds under this heading may 
     be used for needle exchange programs in fiscal year 2012.
       The conferees direct the United States Global AIDS 
     Coordinator to consult with the Committees on Appropriations, 
     not later than 45 days after enactment of this Act, on how 
     the Office of the Global AIDS Coordinator (OGAC) is expanding 
     efforts to support microbicide development and product 
     access.
       The conferees direct the United States Global AIDS 
     Coordinator to consult with the Committees on Appropriations 
     regarding opportunities to further reduce treatment costs to 
     enable more individuals to have access to life-saving drugs.
       The conferees direct the Secretary of State to provide a 
     report to the Committees on Appropriations, not later than 
     120 days after enactment of this Act, that contains the most 
     recent Global Fund audit information, commitment and 
     disbursement data, and a summary of the recipient and sub-
     recipient expenditures as reported to the United States 
     Government, and to notify the Committees when this 
     information is posted on the Department's Web site.
       The conferees urge OGAC to work with countries to increase 
     HIV testing, including the use of rapid tests, where 
     feasible.
       The conferees recommend that USAID and OGAC continue to 
     support HIV-related media prevention programming.
       The conferees recommend that OGAC and the USAID Bureau for 
     Global Health consider utilizing the Department of the 
     Treasury's technical advisors when programming funds for 
     procurement and oversight capacity building in recipient 
     countries.
       Funds in this account are allocated, unless otherwise 
     noted, according to the following table, and are subject to 
     the provisions of section 7019 of this Act:

                         GLOBAL HEALTH PROGRAMS
               [Budget authority in thousands of dollars]
------------------------------------------------------------------------
                                                              Budget
                    Program/activity                         authority
------------------------------------------------------------------------
Maternal and Child Health...............................         605,550
    Polio (non-add).....................................       [35,000]
    The GAVI Alliance (non-add).........................       [100,000]
    Micronutrients (non-add)............................        [30,000]
    [of which, Vitamin A] (non-add).....................        [20,000]
    [of which, Iodine Deficiency Disorder] (non-add)....         [2,000]
Nutrition (USAID).......................................          95,000
Vulnerable Children (USAID).............................          17,500
    Blind Children (non-add)............................         [2,500]
HIV/AIDS (USAID)........................................         350,000
    Microbicides (non-add)..............................        [45,000]
HIV/AIDS (Department of State)..........................       5,542,860
    Global Fund to Fight HIV/AIDS, Malaria and               [1,050,000]
     Tuberculosis (non-add).............................
    UNAIDS (non-add)....................................        [45,000]
Family Planning/Reproductive Health (USAID).............         523,950
Other Infectious Diseases (USAID).......................       1,033,000
    Pandemic Preparedness (non-add).....................        [58,000]
    Malaria (non-add)...................................       [650,000]
    Tuberculosis (non-add)..............................       [236,000]
    [of which, Global TB Drug Facility] (non-add).......        [15,000]
    Neglected Tropical Diseases (non-add)...............        [89,000]
                                                         ---------------
        Total, Global Health Programs...................       8,167,860
------------------------------------------------------------------------

                         DEVELOPMENT ASSISTANCE

       The conference agreement provides $2,519,950,000 for 
     Development Assistance (DA).


                                PROGRAMS

       The conferees expect USAID to allocate funds provided for 
     the American Schools and Hospitals Abroad program through an 
     open and competitive process, in accordance with all 
     applicable rules and regulations.
       The conference agreement moves the position of Basic 
     Education Coordinator from the Department of State to USAID. 
     The conferees direct USAID to integrate schools and 
     educational programs, as appropriate, within health and 
     development programs to continue to implement the 
     ``Communities of Learning'' model. The USAID Administrator is 
     directed to consult with the Committees on Appropriations on 
     a regular basis on these efforts.
       The conferees authorize a contribution to be made to the 
     Global Partnership for Education (the Partnership), formerly 
     known as the Education for All Fast Track Initiative, with 
     funds appropriated in this Act for basic education. The 
     conferees expect USAID to maintain its leadership role on the 
     Partnership's Executive Board and provide assistance with 
     monitoring and evaluation efforts.
       The conferees endorse Senate report language regarding 
     $15,000,000 for partnerships between United States and 
     African institutions of higher education.
       The conferees expect USAID to consider the prevalence of 
     child marriage when developing country operational plans and 
     increase programmatic focus on this issue where appropriate.
       The conferees direct the USAID Administrator to submit a 
     report to the Committees on Appropriations, not later than 
     120 days after the date of enactment of this Act, on 
     implementation of the Development Innovation Ventures (DIV) 
     program. The report should include an overview of projects 
     funded by DIV and their outcomes as they relate to the goals 
     and objectives of the program, including successes related to 
     efficiencies and cost-effectiveness. The conferees support 
     USAID's efforts to leverage other Federal agencies' 
     investments in similar areas and avoid duplication.
       Funds made available for food security and agriculture 
     development are subject to the terms of section 7078 of this 
     Act. The required spend plan should also specify the amount 
     and purpose of any funds to be transferred to other agencies.
       Funds provided for environment programs funded through 
     USAID, the Department of State, and the Department of the 
     Treasury should be made available to help developing 
     countries reduce greenhouse gas emissions; develop renewable 
     energy and increase end-use energy efficiency; adapt to 
     rising temperatures, water and food scarcity, and rising sea 
     levels; protect tropical forests, wildlife, and other 
     biodiversity; and implement policies for the transparent and 
     sustainable use of natural resources. The conferees endorse 
     language in the Senate report directing that $200,000,000 be 
     made available for biodiversity conservation programs, 
     including $2,000,000 to implement and enforce the Lacey Act 
     (section 8204 of Public Law 110-246), $10,000,000 for 
     biodiversity programs in the Brazilian Amazon and $20,000,000 
     for such programs in the Andean Amazon. The conferees endorse 
     language in the Senate report on funding for the Congo Basin 
     Forest Partnership, and direct that not less than $9,000,000 
     of such funds be directly apportioned to the United States 
     Fish and Wildlife Service (USFWS) for programs in Central 
     Africa. The conferees endorse language in the Senate report 
     directing that $1,000,000 be directly apportioned to the 
     Department of the Interior for biodiversity and 
     archaeological conservation activities in Guatemala's Mayan 
     Biosphere Reserve, to include governance and law enforcement. 
     The conferees recommend funding for other international 
     conservation programs administered by the USFWS, United 
     States Forest Service, the National Park Service, and the 
     National Oceanic and Atmospheric Administration. The 
     conferees continue to support funding to protect great apes 
     in Indonesia and Africa and wildlife in South Sudan and 
     Niger.
       The conferees direct the Secretary of the Treasury to 
     submit a report to the Committees on Appropriations 
     describing, for each international financial institution, the 
     amount and type of assistance provided, by country, for the 
     extraction and export of natural resources in the preceding 
     12 months, and whether each institution considered, in 
     providing such assistance, the extent to which the country 
     has functioning systems, laws, and regulations in place to 
     prevent or limit the public disclosure of company payments as 
     required by section 1504 of Public Law 111-203.
       The conferees endorse funding and purposes included in the 
     Senate report for the Leahy War Victims Fund.
       The conferees direct the USAID Administrator to target 50 
     percent of funding for microenterprise and microfinance to 
     the very poor, as required by section 252(c) of the Foreign 
     Assistance Act of 1961. The conferees direct USAID to 
     continue to increase these programs in sub-Saharan Africa.
       The conferees note the importance of land tenure in 
     economic development, and expect USAID to build upon the 
     programmatic experience of the Millennium Challenge 
     Corporation to improve the implementation of such activities.
       The conferees expect USAID to seek to ensure that 
     assistance does not compete with emerging small businesses, 
     entrepreneurs, and local economies in recipient countries, 
     and instead works to strengthen them.
       The conferees direct the Secretary of State, in 
     consultation with the Ambassador-at-Large of the Office for 
     Global Women's Issues, other relevant United States 
     Government agencies, and international and nongovernmental 
     organizations, to identify and take emergency measures to 
     respond to violence against women and girls in situations of 
     armed conflict and direct the Secretary of State to consult 
     with the Committees on Appropriations, as necessary.
       The conferees endorse funding included in the Senate report 
     for victims of torture.

[[Page H9773]]

                               COUNTRIES

       Ecuador.--The conferees endorse language in the Senate 
     report on health and environment programs in Ecuador.
       Ethiopia.--The conferees remain concerned with the 
     Government of Ethiopia's increasing restrictions on the media 
     and expect the Department of State and USAID to support 
     programs that promote freedom of expression and association 
     in Ethiopia.
       Guatemala.--The conferees support programs to address 
     gender-based violence.
       Indonesia.--The conferees recommend that $70,000,000 of 
     funds provided under this heading be made available for 
     assistance for Indonesia, of which not less than $400,000 
     should be made available for grants for capacity building of 
     Indonesian human rights organizations, including in Papua.
       Morocco.--The conferees note that funds provided in title 
     III of this Act for Morocco may be used in regions and 
     territories administered by Morocco. The conferees remain 
     concerned with resolving the dispute over the Western Sahara 
     and urge the Department of State to prioritize a negotiated 
     settlement.
       Nepal.--The conferees endorse the Senate report 
     recommending that $7,000,000 under this heading be made 
     available for assistance for Nepal.
       People's Republic of China.--The conference agreement does 
     not include funds for programs in the PRC under this heading.
       Philippines.--The conferees recommend that $35,000,000 be 
     made available for assistance for the Philippines under this 
     heading.
       Senegal.--The conferees recommend that not less than 
     $50,000,000 should be made available for assistance for 
     Senegal under this heading. However, the conferees are 
     concerned that Hissene Habre has not been extradited for 
     prosecution for crimes against humanity, and direct the 
     Secretary of State to submit a report to the Committees on 
     Appropriations, not later than 45 days after enactment of 
     this Act, on steps taken by the Government of Senegal to 
     assist in bringing Habre to justice.
       Vietnam.--The conferees recommend not less than $5,000,000 
     under this heading be made available for health/disability 
     activities in areas in Vietnam that were targeted with Agent 
     Orange or remain contaminated with dioxin. The conferees 
     endorse Senate report language on consultation and the 
     development of a multi-year plan.


                   INTERNATIONAL DISASTER ASSISTANCE

       The conference agreement provides $825,000,000 for 
     International Disaster Assistance, and an additional 
     $150,000,000 in title VIII under this heading is designated 
     for OCO/GWOT pursuant to the Balanced Budget and Emergency 
     Deficit Control Act of 1985.
       The conferees direct the USAID Administrator to consult 
     with the Committees on Appropriations on efforts to 
     facilitate communication and collaboration with the private 
     sector, non-profit organizations, and other entities seeking 
     to assist during an international disaster.
       The USAID Administrator is also directed to consult with 
     the Committees on Appropriations, not later than 90 days 
     after enactment of this Act, on the format and content of 
     international disaster assistance reports that are made 
     available to Congress and the public.


                         TRANSITION INITIATIVES

       The conference agreement provides $50,141,000 for 
     Transition Initiatives, and an additional $6,554,000 in title 
     VIII under this heading is designated for OCO/GWOT pursuant 
     to the Balanced Budget and Emergency Deficit Control Act of 
     1985.
       The conferees direct USAID's Office of Transition 
     Initiatives (OTI) to submit a report to the Committees on 
     Appropriations at the end of the fiscal year summarizing new, 
     ongoing, and completed country programs implemented by OTI in 
     fiscal year 2012. Prior to submission, OTI should consult 
     with the Committees on Appropriations regarding the format 
     and content of the report.


                          COMPLEX CRISES FUND

       The conference agreement provides $10,000,000 for Complex 
     Crises Fund, and an additional $30,000,000 in title VIII 
     under this heading is designated for OCO/GWOT pursuant to the 
     Balanced Budget and Emergency Deficit Control Act of 1985.


                      DEVELOPMENT CREDIT AUTHORITY

                     (INCLUDING TRANSFER OF FUNDS)

       The conference agreement provides a ceiling of $40,000,000 
     for funds that may be transferred from other programs in this 
     title to the Development Credit Program and provides 
     $8,300,000 for administrative expenses.


                         ECONOMIC SUPPORT FUND

                     (INCLUDING TRANSFER OF FUNDS)

       The conference agreement provides $3,001,745,000 for 
     Economic Support Fund (ESF), and an additional $2,761,462,000 
     in title VIII under this heading is designated for OCO/GWOT 
     pursuant to the Balanced Budget and Emergency Deficit Control 
     Act of 1985.
       Section 7078 of this Act requires submission of a spend 
     plan for certain countries and programs not later than 30 
     days after enactment of this Act. The conferees request that 
     these spend plans integrate the funds appropriated under this 
     heading and in title VIII of this Act for OCO/GWOT where 
     appropriate, and the OCO/GWOT amounts should be separately 
     identified in the integrated plan.
       Afghanistan.--The conferees remain concerned with the 
     capacity of the Government of Afghanistan to effectively 
     oversee increased levels of direct government-to-government 
     assistance.
       The conferees direct the USAID Administrator to regularly 
     update the Committees on Appropriations on the Accountable 
     Assistance for Afghanistan Initiative.
       The conferees expect the Department of State to resolve 
     disagreements regarding the tax-exempt status for United 
     States-based contractors and subcontractors that implement 
     United States Government assistance programs in Afghanistan 
     and direct the Secretary of State to report to the Committees 
     on Appropriations on steps being taken to address tax-exempt 
     status in new and existing contracts and agreements.
       The conference agreement provides $10,000,000 for the 
     Afghan Civilian Assistance Program if problems identified by 
     the USAID Inspector General are addressed and not less than 
     $5,000,000 for the Office of Global Women's Issues small 
     grant program as described in the Senate report.
       Africa.--The conferees support the budget request for 
     Liberia and South Sudan.
       Burma.--The conferees endorse Senate report language on the 
     United States Special Envoy and Policy Coordinator for Burma 
     and request that the Special Envoy consult regularly with the 
     Committees on Appropriations on developments in, and 
     assistance for, Burma.
       Central American Regional Security Initiative (CARSI)/
     Caribbean Basin Security Initiative (CBSI).--The conferees 
     support the budget request for CARSI and CBSI.
       Colombia.--The conference agreement provides not less than 
     $179,000,000 under this heading to be apportioned directly to 
     USAID for continued support of new and ongoing alternative 
     development/institution building in Colombia, of which not 
     less than $7,000,000 shall be transferred to the Migration 
     and Refugee Assistance account to address the needs of 
     Colombian refugees in neighboring countries, and not less 
     than $15,000,000 is provided for assistance for Afro-
     Colombian and indigenous groups including for renewable 
     energy activities in isolated communities. The conferees 
     support assistance for flood relief and recovery including 
     for small farmers, and recommend that not less than 
     $3,000,000 be made available for continued support for 
     biodiversity conservation programs and $500,000 for 
     community-based programs to address the needs of children 
     disabled by landmines and other causes related to the armed 
     conflict.
       Cuba.--The conferees support the budget request for Cuba.
       Cyprus.--The conferees recommend $3,500,000 for Cyprus and 
     endorse the purposes and intent of the funding included in 
     the Senate report.
       Egypt.--The conference agreement includes conditions on 
     assistance and authority regarding assistance for Egypt in 
     section 7041 of this Act, which are further discussed under 
     title VII of this joint explanatory statement.
       The conferees direct the Secretary of State to submit a 
     report to the Committees on Appropriations, not later than 60 
     days after enactment of this Act, outlining steps that the 
     Government of Egypt is taking to protect religious 
     minorities, including Coptic Christians, prevent sectarian 
     and gender-based violence, and hold accountable those who 
     commit such acts.
       Funds made available for Egypt are subject to the terms of 
     section 7078 of this Act. The required spend plan shall also 
     include the proposed uses of unobligated/available funds 
     appropriated in prior years.
       El Salvador.--The conferees are aware of the devastating 
     flooding in El Salvador during 2011 that caused extensive 
     damage and recognize that El Salvador is extremely vulnerable 
     to recurrent natural disasters. The conferees expect that 
     additional assistance be provided under this heading and 
     under the International Disaster Assistance heading for flood 
     relief, reconstruction, and relocation of at-risk 
     populations, including support for small farmers, and to 
     enhance El Salvador's capabilities to prevent and respond to 
     future disasters.
       Haiti.--The conferees support the budget request for Haiti 
     and direct that assistance for Haiti provided under this 
     heading in this Act and prior appropriations acts be made 
     available, to the maximum extent practicable, in a manner 
     that emphasizes the participation of Haitian civil society 
     organizations and directly improves the security, economic 
     and social well-being, and political status of Haitian women 
     and girls.
       Iraq.--The conference agreement includes conditions on 
     assistance for Iraq in section 7041(d) of this Act, which are 
     similar to prior years. As the Government of Iraq's oil 
     revenues continue to increase, the conferees expect Iraq to 
     assume the full cost for development and security programs in 
     Iraq currently funded by the Department of State and USAID.
       The conferees recommend $10,000,000 for stabilization 
     programs in Iraq, for which the policy justification and 
     decisions shall be the responsibility of the Chief of 
     Mission. Such funds shall not be used for cultural programs 
     or for costs usually associated with Department of State 
     operations.
       Not later than 90 days after enactment of this Act, the 
     Secretary of State shall submit a report to the Committees on 
     Appropriations detailing: (1) the specific manner in which 
     the Government of Iraq has committed to contributing to, and 
     sustaining, security-related programs funded by this Act; (2) 
     the estimated timeframe under which Iraq will assume full 
     responsibility for

[[Page H9774]]

     funding such security-related programs; (3) the operation and 
     maintenance costs of aircraft utilized in Iraq in support of 
     security-related programs; and (4) estimates for the overhead 
     costs associated with security sector programs in fiscal year 
     2012 and subsequent fiscal years. The report may be submitted 
     in classified form, if necessary.
       The conferees expect the Department of State and USAID to 
     continue efforts to encourage the incorporation of women in 
     stabilizing and developing Iraq, including within government 
     institutions.
       The conferees endorse language in the Senate report on 
     ethno-religious minorities in Iraq.
       Jordan.--The conferees intend that assistance for Jordan 
     provided under this heading will be used for programs to 
     reduce poverty and create jobs, strengthen democracy, and 
     protect human rights, in addition to activities described in 
     the justification materials submitted to Congress.
       Lebanon.--The conferees recommend $500,000 for continued 
     support for the United States Forest Service's forest and 
     biodiversity conservation programs in Lebanon.
       Mexico.--The conferees support the budget request under 
     this heading and under the Development Assistance heading for 
     USAID programs in Mexico and direct the USAID Administrator 
     to submit a report, not later than 90 days after enactment of 
     this Act, on how these programs address the root causes of 
     violence and instability.
       Middle East Partnership Initiative (MEPI).--The conferees 
     provide $70,000,000 for MEPI and recommend that not less than 
     $10,000,000 of such funds be made available to continue 
     scholarships for students in countries with significant 
     Muslim populations at not-for-profit education institutions, 
     in a manner consistent with prior fiscal years, including the 
     awarding of funds through an open and competitive process. 
     The conferees endorse the reporting requirement under this 
     subheading in the Senate report.
       The conferees support efforts to promote peace and 
     stability in the Middle East, including through activities 
     that seek to mitigate extremist incitement and propaganda 
     efforts, in order to further United States counterterrorism 
     efforts.
       The conferees also encourage the use of Internet-based 
     activities to further peace and reconciliation online.
       Middle East Regional Cooperation Program (MERC).--The 
     conferees recommend $5,000,000 for MERC.
       Middle East/North Africa Response Fund (Response Fund).--
     The conference agreement includes $50,000,000 for the 
     Response Fund to provide the Department of State and USAID 
     with the necessary flexibility to respond quickly to 
     political crises in the Middle East and North Africa. The 
     Secretary of State and USAID Administrator are directed to 
     consult with the Committees on Appropriations on the uses of 
     such funds and submit a spending plan for all funds provided 
     in this Act and prior appropriations acts for these purposes.
       Near East Regional Democracy (NERD).--The conferees support 
     the budget request for NERD.
       Pakistan.--Funds provided under Chief of Mission authority 
     in Pakistan shall not be used for cultural programs or for 
     costs usually associated with Department of State operations.
       People's Republic of China.--The conferees recommend 
     $12,000,000 under this heading for United States institutions 
     of higher education and nongovernmental organizations for 
     democracy, governance, rule of law, and environment programs 
     in the PRC. These programs should support training for 
     citizens, lawyers, and businesses on key issues including 
     criminal justice, occupational safety, and environmental 
     protection. No funds are for the Government of China and 
     programs should be awarded on a competitive basis.
       The conferees endorse the requirement in the Senate report 
     for an assessment of the PRC's long term strategic intentions 
     in the region.
       Reconciliation Programs.--The conferees recommend 
     $10,000,000 for ``New Generation in the Middle East'' 
     initiative to build understanding, tolerance, and mutual 
     respect among young Israelis and Palestinians of diverse 
     economic and social backgrounds who have leadership 
     potential. The conferees intend such programs and activities 
     to be conducted in the region, and direct the Secretary of 
     State and the USAID Administrator to consult with the 
     Committees on Appropriations on the development and 
     implementation of this initiative.
       Syria.--The conference agreement includes a provision 
     relating to democracy and human rights programs in Syria. The 
     conferees direct that a portion of the funds be programmed in 
     consultation with other governments in the region, 
     specifically Turkey and other key allies in the Middle East, 
     as appropriate.
       Tibet.--The conferees endorse the funding and purposes 
     included in the Senate report for Tibet.
       Timor-Leste.--The conferees recommend not less than 
     $1,000,000 for higher education scholarships in Timor-Leste.
       Tunisia.--The conferees recommend $5,000,000 for democracy 
     and governance programs and for programs to protect human 
     rights in Tunisia. The conference agreement also authorizes 
     funding for the cost of loan guarantees.
       Uganda.--The conference agreement includes section 7043(h) 
     regarding areas affected by the Lord's Resistance Army (LRA). 
     The conferees support the goals of the Lord's Resistance Army 
     Disarmament and Northern Uganda Recovery Act (Public Law 111-
     172) to help end the atrocities committed by the LRA, protect 
     innocent civilians, and stabilize the affected region. The 
     conferees direct that up to $10,000,000 be made available for 
     peace and security in the affected region to address these 
     issues, including programs to improve physical access, 
     telecommunications infrastructure and early-warning 
     mechanisms and to support the disarmament, demobilization, 
     and reintegration of former LRA combatants, especially child 
     soldiers.
       Vietnam.--The conferees recommend not less than $15,000,000 
     for environmental remediation of dioxin contamination at the 
     Da Nang and Bien Hoa airports and other severely contaminated 
     sites.
       West Bank and Gaza.--The conference agreement continues 
     restrictions in current law on assistance for the West Bank 
     and Gaza, and includes new limitations.
       The conferees endorse Senate report language regarding a 
     Government Accountability Office assessment of the United 
     Nations Relief and Works Agency in the West Bank.


                            GLOBAL PROGRAMS

       The conferees recognize the utility of humanitarian cash 
     disbursements to individuals in certain limited dire 
     circumstances, but expect that any such assistance provided 
     through the government of the recipient country will comply 
     with the determination, consultation, and notification 
     requirements in section 7031 of this Act relating to direct 
     government-to-government assistance.
       The conferees endorse language in the Senate report on 
     classification societies, except that the foreign governments 
     noted shall include those of the Islamic Republic of Iran, 
     the Democratic People's Republic of North Korea, the Republic 
     of the Sudan, and Syria.
       The conferees recommend $3,000,000 to implement the 
     Kimberly Process Certification Scheme, but are concerned with 
     reports that the Kimberley Process is failing to prevent 
     conflict diamonds from entering the legitimate global diamond 
     trade. The conferees direct the Department of State to assess 
     whether the Kimberley Process can achieve its goals, and 
     whether alternative mechanisms are needed to prevent conflict 
     diamonds from entering legitimate supply chains.
       The conferees recommend $5,000,000 under this heading for 
     activities to counter violent extremism included in the 
     budget request under Nonproliferation, Anti-terrorism, 
     Demining, and Related Programs.
       The conference agreement provides the budget request for 
     counterterrorism programs in Africa. The conferees direct 
     that an additional $10,000,000 be made available for 
     counterterrorism programs in East Africa to be managed by 
     USAID.
       The conferees endorse language in the Senate report 
     recommending $5,000,000 for disability programs.
       The conferees support continued funding for the Department 
     of State's Internet freedom program and direct the Secretary 
     of State to submit to the Committees on Appropriations prior 
     to the initial obligation of funds, a report detailing 
     planned expenditures of the funds made available to promote 
     Internet freedom. The conferees also direct the Secretary, in 
     coordination with the USAID Administrator, to submit to the 
     Committees, not later than September 30, 2012, a report 
     listing programs supported by the Department of State and 
     USAID to promote Internet freedom, including an assessment of 
     the results of these programs and safeguards against the use 
     of circumvention technology for illicit or illegal purposes, 
     and detailing how such programs support and are coordinated 
     with cyber diplomacy and the United States International 
     Strategy for Cyberspace. The conferees recommend that the 
     fiscal year 2013 congressional budget justification materials 
     include a request for funds for this program under this 
     heading.
       The conferees recommend $5,000,000 for the Extractive 
     Industries Transparency Initiative.
       The conferees endorse language in the Senate report on 
     forensic anthropology in countries of Central and South 
     America.
       The conferees recommend $1,900,000 for the House Democracy 
     Partnership.
       The conferees recommend $4,500,000 under this heading for 
     polio eradication activities in Afghanistan and Pakistan.
       The conferees recommend that not less than $36,000,000 
     under the Economic Support Fund, International Narcotics 
     Control and Law Enforcement, Assistance for Europe, Eurasia 
     and Central Asia, and Development Assistance headings should 
     be used for activities to combat trafficking in persons 
     internationally, including to protect and rehabilitate 
     victims, prosecute perpetrators, and support research 
     initiatives. Additional funds are provided under Diplomatic 
     and Consular Programs.
       The conferees endorse language included in the Senate 
     report on assistance for wheelchair programs.


                             DEMOCRACY FUND

       The conference agreement provides $114,770,000 for 
     Democracy Fund.
       The conferees recognize that dissidents and defectors often 
     possess unique information about the political and economic 
     situation inside a country, particularly in closed societies. 
     The conferees therefore direct the Secretary of State, in 
     consultation with the

[[Page H9775]]

     heads of other relevant United States agencies, to consider 
     ways to better disseminate this information, including to 
     human rights groups and civil society.


            ASSISTANCE FOR EUROPE, EURASIA AND CENTRAL ASIA

       The conference agreement provides $626,718,000 for 
     Assistance for Europe, Eurasia and Central Asia.
       The conferees support the budget request for fiscal year 
     2012 for countries funded under this heading and note that 
     any deviation from these amounts is subject to the regular 
     notification procedures of the Committees on Appropriations.
       The conferees endorse language in the Senate report 
     concerning assistance for the North Caucasus in the amount 
     and for purposes similar to prior fiscal years.
       The conferees recommend assistance for victims of the 
     Nagorno-Karabakh conflict at levels consistent with prior 
     years, and for ongoing needs related to the conflict. The 
     conferees urge a peaceful resolution of the conflict.
       The conferees direct the Secretary of the Treasury to keep 
     the Committees on Appropriations informed on its efforts to 
     address: export quotas, allocation of grain licenses, and VAT 
     tax refunds with the Government of Ukraine, and repression of 
     fundamental rights in Ukraine, including due process of law 
     and freedoms of expression and association.
       The conferees endorse language and funding amounts in the 
     Senate report for wildlife conservation programs in Russia 
     and forest management programs in Ukraine.
       The conferees support programs to address the fight against 
     tuberculosis and HIV/AIDS in Ukraine and Georgia.

                          Department of State


                    MIGRATION AND REFUGEE ASSISTANCE

       The conference agreement provides $1,639,100,000 for 
     Migration and Refugee Assistance, and an additional 
     $229,000,000 in title VIII under this heading is designated 
     for OCO/GWOT pursuant to the Balanced Budget and Emergency 
     Deficit Control Act of 1985.
       The conferees remain concerned with the plight of refugees 
     from Burma residing in Thailand and India, and recommend 
     sufficient funding to address their needs. The conferees 
     direct the Secretary of State to continue to make the welfare 
     of such refugees a priority, including in bilateral and 
     multilateral discussions with other donors and governments.
       The conferees endorse directives in the Senate report 
     concerning Iraqi and Pakistani refugees and internally 
     displaced persons (IDPs), and the use of assistance for 
     Pakistani IDPs identified in the Internally Displaced Persons 
     Vulnerability Assessment and Profiling mechanism.
       The conferees encourage the Secretary of State to sustain 
     and enhance efforts for increasing resettlement opportunities 
     for Eritrean refugees, and continue to coordinate with the 
     international community to develop and implement a strategy 
     to protect and assist displaced Somalis. Additionally, the 
     conferees encourage the Secretary to build on the Department 
     of State's report on repatriation and reintegration of 
     unaccompanied children by exploring initiatives and 
     partnerships with United States nongovernmental organizations 
     for the safe return and reintegration of such children.
       The conferees endorse the funding recommendation in the 
     Senate report regarding Tibetan refugees in India and Nepal 
     and urge the Secretary of State to work with the Government 
     of Nepal to ensure the safe transit of Tibetan refugees and 
     provide legal protections to Tibetans residing in Nepal.
       The conferees note that United Nations Relief and Works 
     Agency (UNRWA) schools serve as an alternative to Hamas-run 
     schools in Gaza, and that UNRWA has included supplemental 
     human rights and non-violent conflict resolution training in 
     their curriculum. The conferees urge the Secretary of State 
     to work with UNRWA to explore steps to further the 
     elimination of inflammatory and inaccurate information in 
     host country textbooks used in UNRWA schools. Additionally, 
     section 7049(d) continues the accountability report included 
     in prior appropriations acts for the Department of State, 
     foreign operations and related programs.


     UNITED STATES EMERGENCY REFUGEE AND MIGRATION ASSISTANCE FUND

       The conference agreement provides $27,200,000 for the 
     United States Emergency Refugee and Migration Assistance 
     Fund.

                          Independent Agencies


                              PEACE CORPS

                     (INCLUDING TRANSFER OF FUNDS)

       The conference agreement provides $375,000,000 for the 
     Peace Corps.
       The conferees note the recent enactment of the Kate Puzey 
     Peace Corps Volunteer Protection Act of 2011 (Public Law 112-
     57) containing various reporting requirements addressing the 
     safety and security of volunteers, including the prevention 
     of, and response to, sexual assault.
       The conferees direct that opinions and recommendations from 
     Peace Corps volunteers should be solicited through regular 
     surveys on a confidential basis, and that information that 
     would otherwise be obtainable under the Freedom of 
     Information Act that is of general interest to the public 
     concerning the Peace Corps is made publicly available in a 
     timely manner on the Peace Corps Web site.
       Funds appropriated under this heading are subject to the 
     terms of section 7078 of this Act.


                    MILLENNIUM CHALLENGE CORPORATION

       The conference agreement provides $898,200,000 for 
     Millennium Challenge Corporation (MCC).
       The conferees direct the Chief Executive Officer (CEO) of 
     the MCC to submit a report to the Committees of 
     Appropriations, not later than 90 days after enactment of 
     this Act, that includes an assessment of the current 
     practices, procedures, and recommendations for improvements 
     in the MCC's ability to identify and track patterns of 
     corruption; the MCC's process for determining the actions 
     necessary to inhibit corruption; and the process to determine 
     if the level of corruption warrants termination or suspension 
     of the MCC compact.
       The conferees reaffirm the MCC's mandate to increase 
     economic growth and reduce poverty, and direct the CEO of the 
     MCC to consult with the Committees on Appropriations, prior 
     to submission of congressional notifications, for new 
     compacts regarding the corresponding economic rate of return 
     estimated for each compact component funded.
       The conferees recognize that the MCC amended its 
     procurement guidelines on September 28, 2010, to bar 
     government-owned enterprises from competing for MCC 
     procurement contracts. The conferees direct the CEO of the 
     MCC to consult with the Committees on Appropriations on a 
     case-by-case basis if this policy is waived.
       The conferees direct the MCC CEO to submit an annual report 
     to the Committees on Appropriations, not later than 120 days 
     after enactment of this Act, on all MCC-funded investment 
     funds, that includes the following information for each 
     investment fund in operation: the identity, selection 
     process, and professional background of current and past 
     managers; the fees and compensation currently provided to 
     senior management; the level of MCC financing provided at the 
     end of the previous fiscal year; a comprehensive and detailed 
     description of the fund's operations, activities, financial 
     condition, and accomplishments for the preceding fiscal year; 
     and the audit plan for each fund.
       Funds in this account are subject to the requirements of 
     section 7078 of this Act.


                       INTER-AMERICAN FOUNDATION

       The conference agreement provides $22,500,000 for Inter-
     American Foundation.


                     AFRICAN DEVELOPMENT FOUNDATION

       The conference agreement provides $30,000,000 for African 
     Development Foundation.

                       DEPARTMENT OF THE TREASURY


               INTERNATIONAL AFFAIRS TECHNICAL ASSISTANCE

       The conference agreement provides $25,448,000 for 
     International Affairs Technical Assistance, and an additional 
     $1,552,000 in title VIII under this heading is designated for 
     OCO/GWOT pursuant to the Balanced Budget and Emergency 
     Deficit Control Act of 1985.


                           DEBT RESTRUCTURING

       The conference agreement provides $12,000,000 for Debt 
     Restructuring to support implementation of the Tropical 
     Forest Conservation Act.

                                TITLE IV

                   INTERNATIONAL SECURITY ASSISTANCE

                          Department of State


          INTERNATIONAL NARCOTICS CONTROL AND LAW ENFORCEMENT

       The conference agreement provides $1,061,100,000 for 
     International Narcotics Control and Law Enforcement, and an 
     additional $983,605,000 in title VIII under this heading is 
     designated for OCO/GWOT pursuant to the Balanced Budget and 
     Emergency Deficit Control Act of 1985.
       The conferees direct the Secretary of State to notify the 
     Committees on Appropriations in writing, within 5 days of 
     exercising authority allowing funds made available under this 
     heading to be spent ``notwithstanding any other provision of 
     law'', and such notification shall include a justification of 
     such activities.
       The conferees did not include the requested authority to 
     disregard the geographic or purpose limitations on assistance 
     provided in prior acts related to the Andean Counterdrug 
     Initiative or Andean Counterdrug Programs. The conferees 
     direct the Department of State and USAID to program remaining 
     funds without delay and use the funds within the region.
       The conferees support the budget request for CARSI and CBSI 
     and expect the spend plans submitted pursuant to section 7078 
     of this Act for CARSI and CBSI to include activities that 
     were conducted with prior year appropriations, achievements 
     associated with the expenditure of such funds, and activities 
     that will be funded in fiscal year 2012, including goals to 
     be met.
       The conferees recommend $160,600,000 for activities in 
     Colombia of which not less than $30,000,000 is for rule of 
     law programs, including $7,000,000 for USAID human rights 
     activities, and $15,000,000 for the Office of the Colombian 
     Attorney General including $7,000,000 for the human rights 
     unit. The conferees direct the Department of State to report 
     to the Committees on Appropriations, not later than 45 days 
     after enactment of this Act, on the proposed uses of funds 
     for Colombia's judicial agencies, including activities to be 
     supported, information on how assistance will help to reduce 
     impunity, and benchmarks to be used for measuring progress in 
     meeting specific goals.

[[Page H9776]]

       The conferees recommend $5,000,000 for the International 
     Commission Against Impunity in Guatemala (CICIG).
       The conferees continue to be concerned with the lack of a 
     professional, accountable police force in Guatemala and 
     expect priority be given to funding the implementation of a 
     police reform strategy that has the support of the Guatemalan 
     government and human rights organizations.
       The conferees direct the Secretary of State to report to 
     the Committees on Appropriations, not later than 120 days 
     after enactment of this Act, on the role of United States 
     assistance in addressing the needs of Guatemalan women and 
     girls who have been victims of violence. The report shall 
     include a description of how assistance supports victims of 
     trafficking, rape and other sexual violence, combats human 
     trafficking, and improves the capacity of government 
     institutions, including the judiciary, law enforcement, and 
     civil society organizations.
       The conferees direct that no funds made available under 
     this heading may be used to transfer excess weapons, 
     ammunition or other lethal property of an agency of the 
     United States Government to any individual or unit of the 
     Haitian National Police if the Secretary of State has 
     credible information that such individual or unit has 
     committed a gross violation of human rights or other serious 
     crimes.
       The conferees support the budget request for the 
     International Law Enforcement Academies.
       The conferees recommend up to $248,500,000 for assistance 
     for Mexico and note efforts by the Government of Mexico to 
     implement constitutional reforms. The conferees are 
     concerned, however, with the steadily increasing drug-related 
     violence in Mexico, and credible reports of a pattern of 
     abuses by Mexican police. The conferees are also concerned 
     with ongoing gender-based crimes in Mexico, and encourage the 
     Department of State to provide forensic equipment and 
     training to Mexican states and localities that have the 
     highest rate of homicide and other violent crime to ensure 
     local law enforcement agencies have tools to solve and 
     prosecute these cases. Additionally, the conferees direct the 
     Secretary of State to provide a report, not later than 90 
     days after enactment of this Act, on how programs funded 
     under this heading are achieving judicial and law enforcement 
     reforms in Mexico. The report should include objectives to be 
     met, benchmarks for measuring progress, intended results, and 
     the extent to which such programs are coordinated with the 
     federal and state governments in Mexico.
       The conferees support continued assistance to strengthen 
     civilian law enforcement and judicial institutions to reduce 
     violent crime and narcotics trafficking in Mexico and 
     Honduras. The conference agreement includes sections 7045(d) 
     and 7045(e) that require the withholding of a portion of the 
     assistance for military and police forces in these countries 
     until the Secretary of State makes certain findings and 
     submits them in a report to the Committees on Appropriations.
       The conferees direct the Department of State to ensure the 
     prompt delivery of equipment and training provided under this 
     heading for Mexico. Additionally, the conferees continue to 
     support cooperation between the United States and Mexico to 
     combat organized crime and drug trafficking along the border. 
     The conferees direct the Secretary of State to develop and 
     implement a coordinated border security strategy.
       The conferees continue to support demand reduction programs 
     and direct the Secretary of State to provide assistance at 
     levels consistent with prior fiscal years.
       The conferees request that the country-by-country report 
     required under this heading integrate the additional funds 
     appropriated under this heading in title VIII for OCO/GWOT 
     where appropriate, and the OCO/GWOT amounts should be 
     separately identified in the integrated report.


    NONPROLIFERATION, ANTI-TERRORISM, DEMINING AND RELATED PROGRAMS

       The conference agreement provides $590,113,000 for 
     Nonproliferation, Anti-terrorism, Demining and Related 
     Programs (NADR), and an additional $120,657,000 in title VIII 
     under this heading is designated for OCO/GWOT pursuant to the 
     Balanced Budget and Emergency Deficit Control Act of 1985.
       Section 7078 of this Act requires submission of a spend 
     plan for certain countries and programs not later than 30 
     days after enactment of the Act. The conferees request that 
     these spend plans integrate the funds appropriated under this 
     heading and in title VIII of this Act for OCO/GWOT where 
     appropriate, and the OCO/GWOT amounts should be separately 
     identified in the integrated plan.
       The conferees direct the Secretary of State to notify the 
     Committees on Appropriations in writing, within 5 days of 
     exercising authority allowing funds made available under this 
     heading to be spent ``notwithstanding any other provision of 
     law'', and such notification shall include a justification of 
     such activities.
       The conference agreement does not include assistance for 
     the Countering Violent Extremism program as included in the 
     budget request, but includes funding for these programs 
     within the ESF account.
       The conferees recognize the importance of mine removal, 
     mine victim assistance, and the proper storage and 
     disposition of small arms/light weapons, and support the 
     Department of State's efforts to expand this work.
       The conference agreement prioritizes the clearance of 
     unexploded ordnance (UXO) in areas where such ordnance was 
     caused by the United States. The conferees endorse Senate 
     report language directing that $9,000,000 be made available 
     for UXO clearance in Laos, and intend that funds also be 
     prioritized for UXO clearance in locations in the Oceania 
     region that have high concentrations of United States UXO 
     dating to World War II.
       Section 7078 of this Act requires a spend plan for this 
     account not later than 30 days after enactment of this Act. 
     The conferees request that the spend plan integrate the funds 
     appropriated under this heading in title VIII of this Act for 
     OCO/GWOT, and the OCO/GWOT amounts should be separately 
     identified in the integrated plan.
       Funds in this account are allocated according to the 
     following table, and are subject to the provisions of section 
     7019 of this Act:

     NONPROLIFERATION, ANTI-TERRORISM, DEMINING AND RELATED PROGRAMS
               [Budget authority in thousands of dollars]
------------------------------------------------------------------------
                                                              Budget
                        Programs                             authority
------------------------------------------------------------------------
Nonproliferation Programs:
  Nonproliferation and Disarmament Fund.................          30,000
  Export Control and Related Border Security Assistance.          60,909
  Global Threat Reduction...............................          68,978
  IAEA Voluntary Contribution...........................          85,900
  CTBT International Monitoring System..................          33,000
  Weapons of Mass Destruction Terrorism.................           6,042
  UN Security Council Resolution 1540 Trust Fund........           1,500
  CTBTO Preparatory Commission-Special Contributions....           7,500
                                                         ---------------
        Subtotal--Nonproliferation Programs.............         293,829
Anti-terrorism Programs \1\
  Anti-terrorism Assistance.............................          79,284
  Terrorist Interdiction Program........................          42,000
  CT Engagement with Allies.............................           8,000
  Counterterrorism Financing............................          17,000
  Countering Violent Extremism..........................               0
                                                         ---------------
    Subtotal--Anti-terrorism Programs...................         146,284
Regional Stability & Humanitarian Assistance
  Conventional Weapons Destruction......................         150,000
    Humanitarian Demining Program (non-add).............        [95,000]
    Small Arms/Light Weapons Destruction (non-add)......        [55,000]
                                                         ---------------
        Subtotal--Regional Stability & Humanitarian              150,000
         Assistance.....................................
                                                         ---------------
Total, Nonproliferation, Anti-terrorism, Demining, and          590,113
 Related Programs.......................................
------------------------------------------------------------------------
\1\  An additional $120,657,000 is included in title VIII under this
  heading designated for OCO/GWOT pursuant to the Balanced Budget and
  Emergency Deficit Control Act of 1985.

                        PEACEKEEPING OPERATIONS

       The conference agreement provides $302,818,000 for 
     Peacekeeping Operations, and an additional $81,000,000 in 
     title VIII under this heading is designated for OCO/GWOT 
     pursuant to the Balanced Budget and Emergency Deficit Control 
     Act of 1985.
       Section 7078 of this Act requires submission of a spend 
     plan for certain countries and programs not later than 30 
     days after enactment of the Act. The conferees request that 
     these spend plans integrate the funds appropriated under this 
     heading and in title VIII of this Act for OCO/GWOT where 
     appropriate, and the OCO/GWOT amounts should be separately 
     identified in the integrated plan.
       The conferees direct the Secretary of State to submit a 
     report to the Committees on Appropriations, prior to the 
     obligation of funds provided under this heading, for the 
     Africa Maritime Security Initiative (AMSI), including a 
     description of how the AMSI will address piracy, terrorist 
     activity, and trafficking in drugs, arms, and persons along 
     the African coast, as well as a description of coordination 
     efforts with the Department of Defense.
       The conference agreement provides $28,000,000 for the 
     Multinational Force and Observers (MFO) including $1,000,000 
     to address force protection enhancements. The conferees 
     expect the MFO to account for and apply funds in a manner 
     such that the principle of equality of contributions to the 
     basic operating budget between the United States, Egypt, and 
     Israel shall be maintained.
       Section 7078 of this Act requires a spend plan for this 
     account not later than 30 days after enactment of this Act. 
     The conferees request that the spend plan integrate the funds 
     appropriated under this heading in title VIII of this Act for 
     OCO/GWOT, and the OCO/GWOT amounts should be separately 
     identified in the integrated plan.

                  Funds Appropriated to the President


             INTERNATIONAL MILITARY EDUCATION AND TRAINING

       The conference agreement provides $105,788,000 for 
     International Military Education and Training (IMET).
       The conferees recommend parity in the allocation of funds 
     for Armenia and Azerbaijan.
       The conferees support the budget request for Indonesia and 
     the Philippines.
       The conferees direct the Secretary of State to consult with 
     the Committees on Appropriations prior to the obligation of 
     funds provided under this heading for assistance for Libya.


                   FOREIGN MILITARY FINANCING PROGRAM

       The conference agreement provides $5,210,000,000 for 
     Foreign Military Financing Program (FMF), and an additional 
     $1,102,000,000 in title VIII under this heading is designated 
     for OCO/GWOT pursuant to the Balanced Budget and Emergency 
     Deficit Control Act of 1985.

[[Page H9777]]

       Section 7078 of this Act requires submission of a spend 
     plan for certain countries and programs not later than 30 
     days after enactment of the Act. The conferees request that 
     these spend plans integrate the funds appropriated under this 
     heading and in title VIII of this Act for OCO/GWOT where 
     appropriate, and the OCO/GWOT amounts should be separately 
     identified in the integrated plan.
       The conference agreement provides the budget request for 
     Israel, Egypt, Jordan, and Tunisia.
       The conferees note the recent progress of PRC military 
     modernization, and the increasing frequency of aggressive 
     assertions in territorial disputes, including on the seas and 
     in cyberspace. In response, regional neighbors, including 
     India, Japan, and Singapore, are reviewing defense postures 
     and updating their military hardware. The conferees encourage 
     the Administration to continue to engage the People's 
     Liberation Army in these matters, as well as allies in the 
     region on the political, economic, and military implications 
     of the strategic rise of the PRC, including through military 
     assistance and sales programs.
       The conferees recommend parity in the allocation of funds 
     for Armenia and Azerbaijan.
       The conferees note the existence of multiple laws that 
     prohibit assistance to Foreign Terrorist Organizations 
     (FTOs). Because of particular concerns with United States 
     military assistance in Lebanon and Yemen, the conferees 
     include language in section 7041 reaffirming that such 
     assistance may not be provided to the armed forces of either 
     country if such force is controlled by an FTO.
       The conferees support programs for the Guatemalan Coast 
     Guard, Navy, and Army Corps of Engineers that enhance 
     regional naval cooperation and maritime security and that 
     increase disaster response and peacekeeping capabilities.
       The conference agreement continues restrictions in current 
     law on assistance for the Guatemalan Army. The conferees will 
     consider a request for funding for such activities in fiscal 
     year 2013 if the army has a narrowly defined mission focused 
     on border security and external threats, is implementing a 
     reform strategy that has broad support within Guatemalan 
     society, is respecting human rights, is cooperating with 
     civilian investigations and prosecutions of cases involving 
     current and retired officers and with the CICIG, and is 
     publicly disclosing all military archives pertaining to the 
     internal armed conflict.
       The conferees support the budget request for Mexico.
       The conferees direct the Secretary of State to submit a 
     report to the Committees on Appropriations, not later than 90 
     days after enactment of this Act, in classified form if 
     necessary, on the use of assistance provided by the United 
     States for the Lebanese Armed Forces, including the training, 
     curriculum, and equipment provided, and an assessment of the 
     performance of such forces and of factors that limit the 
     operational capabilities of such forces. The conferees note 
     that section 7041 limits the purposes for which funds may be 
     made available, and the conferees further direct that United 
     States security assistance not affect Israel's qualitative 
     military edge in the region.

                                TITLE V

                        MULTILATERAL ASSISTANCE

                  Funds Appropriated to the President

                INTERNATIONAL ORGANIZATIONS AND PROGRAMS

       The conference agreement provides $348,705,000 for 
     International Organizations and Programs.
       The conferees direct the Secretary of State to submit a 
     report to the Committees on Appropriations, not later than 45 
     days after enactment of this Act, describing the amount of 
     funds since 2008 that the United Nations Environment Program 
     has allocated for anti-malaria research and the programs 
     funded.
       Funds in this account are allocated, unless otherwise 
     noted, according to the following table, and are subject to 
     the provisions of section 7019 of this Act:

                INTERNATIONAL ORGANIZATIONS AND PROGRAMS
               [Budget authority in thousands of dollars]
------------------------------------------------------------------------
                                                                Budget
                          Programs                            authority
------------------------------------------------------------------------
Center for Human Settlements...............................        1,900
International Civil Aviation Organization..................          950
International Conservation Programs........................        7,900
International Contributions for Scientific, Educational,               0
 and Cultural Activities...................................
International Development Law Organization.................          600
IMO Maritime Security Programs.............................          400
Intergovernmental Panel on Climate Change/U.N. Framework on       10,000
 Climate Change............................................
Montreal Protocol Multilateral Fund........................       27,000
OAS Development Assistance Programs........................        3,500
OAS Fund for Strengthening Democracy.......................        4,500
    Inter-American Commission on Human Rights (non-add)....      [2,000]
U.N. Capital Development Fund..............................          955
U.N. Children's Fund.......................................      131,755
U.N. Democracy Fund........................................        4,755
U.N. Development Program...................................       82,000
U.N. Environment Program...................................        7,700
U.N. High Commissioner for Human Rights....................        5,000
Multilateral Action Initiatives............................            0
U.N. Office for the Coordination of Humanitarian Affairs...        3,000
U.N. Population Fund.......................................       35,000
U.N. Voluntary Fund for Technical Cooperation in the Field         1,400
 of Human Rights...........................................
U.N. Voluntary Fund for Victims of Torture.................        6,000
U.N. Women.................................................        7,500
World Meteorological Organization..........................        2,090
World Trade Organization Technical Assistance..............        1,150
International Chemicals and Toxics Programs................        3,650
                                                            ------------
        Total, International Organizations and Programs....      348,705
------------------------------------------------------------------------

                  INTERNATIONAL FINANCIAL INSTITUTIONS

       The conferees direct the Secretary of the Treasury to 
     report to the Committees on Appropriations, not later than 45 
     days after enactment of this Act, on the status of the 
     implementation of the International Monetary Fund's (IMF) New 
     Income Model; the degree to which staff reductions have 
     occurred as planned; a comparison of the number of staff over 
     the previous three years; the average and median salary for 
     senior officers of the IMF; and an overview of IMF internal 
     resources over the previous three years. Additionally, the 
     report shall include a cost estimate of the planned 
     renovation of Headquarters Building 1 and the source of funds 
     to pay for this renovation.
       The conference agreement includes a provision, section 
     7082, directing the Secretary of the Treasury to report to 
     the Committees on Appropriations, prior to disbursing any 
     funds for United States contributions to the general capital 
     increases, that the multilateral banks are making substantial 
     progress toward implementing reforms, including those agreed 
     to as part of the general capital increase agreements.
       The conferees direct the Secretary of the Treasury to 
     submit to the Committees on Appropriations, not later than 90 
     days after enactment of this Act, a report that estimates the 
     impact on poverty alleviation and economic growth in 
     communities along the border between the United States and 
     Mexico if the North American Development Bank's mandate were 
     expanded to include financing of infrastructure projects in 
     the border region that promote growth in trade between the 
     United States and Mexico, sustainable economic and social 
     development, and job creation in the region.


                      GLOBAL ENVIRONMENT FACILITY

       The conference agreement provides $89,820,000 for the 
     Global Environment Facility (GEF).
       The conferees direct the Secretary of the Treasury to 
     submit a report to the Committees on Appropriations, not 
     later than 45 days after enactment of this Act, describing 
     the amount of funds since 2008 that the GEF has allocated for 
     anti-malaria research and the programs funded.


       CONTRIBUTION TO THE INTERNATIONAL DEVELOPMENT ASSOCIATION

       The conference agreement provides $1,325,000,000 for 
     Contribution to the International Development Association.
       The conference agreement provides $167,000,000 for the 
     United States' share of the Multilateral Debt Relief 
     Initiative commitment, including $91,000,000 for the 
     remainder of the IDA-15 share and $76,000,000 for the IDA-16 
     share.


     CONTRIBUTION TO THE INTERNATIONAL BANK FOR RECONSTRUCTION AND 
                              DEVELOPMENT

       The conference agreement provides $117,364,344 for 
     Contribution to the International Bank for Reconstruction and 
     Development.


              LIMITATION ON CALLABLE CAPITAL SUBSCRIPTIONS

       The conference agreement provides $2,928,990,899 for 
     Limitation on Callable Capital Subscriptions.


               CONTRIBUTION TO THE CLEAN TECHNOLOGY FUND

       The conference agreement provides $184,630,000 for 
     Contribution to the Clean Technology Fund.


               CONTRIBUTION TO THE STRATEGIC CLIMATE FUND

       The conference agreement provides $49,900,000 for 
     Contribution to the Strategic Climate Fund.


              GLOBAL AGRICULTURE AND FOOD SECURITY PROGRAM

       The conference agreement provides $135,000,000 for Global 
     Agriculture and Food Security Program.


          CONTRIBUTION TO THE INTER-AMERICAN DEVELOPMENT BANK

       The conference agreement provides $75,000,000 for 
     Contribution to the Inter-American Development Bank.
       The conference agreement provides $4,670,000 for payment to 
     the Inter-American Investment Corporation.


              LIMITATION ON CALLABLE CAPITAL SUBSCRIPTIONS

       The conference agreement provides $4,098,794,833 for 
     Limitation on Callable Capital Subscriptions.


CONTRIBUTION TO THE ENTERPRISE FOR THE AMERICAS MULTILATERAL INVESTMENT 
                                  FUND

       The conference agreement provides $25,000,000 for 
     Contribution to the Enterprise for the Americas Multilateral 
     Investment Fund.


               CONTRIBUTION TO THE ASIAN DEVELOPMENT BANK

       The conference agreement provides $106,586,000 for 
     Contribution to the Asian Development Bank.


              LIMITATION ON CALLABLE CAPITAL SUBSCRIPTIONS

       The conference agreement provides $2,558,048,769 for 
     Limitation on Callable Capital Subscriptions.


               CONTRIBUTION TO THE ASIAN DEVELOPMENT FUND

       The conference agreement provides $100,000,000 for 
     Contribution to the Asian Development Fund.


              CONTRIBUTION TO THE AFRICAN DEVELOPMENT BANK

       The conference agreement provides $32,417,720 for 
     Contribution to the African Development Bank.

[[Page H9778]]

              LIMITATION ON CALLABLE CAPITAL SUBSCRIPTIONS

       The conference agreement provides $507,860,808 for 
     Limitation on Callable Capital Subscriptions.


              CONTRIBUTION TO THE AFRICAN DEVELOPMENT FUND

       The conference agreement provides $172,500,000 for 
     Contribution to the African Development Fund.
       The conference agreement provides $7,500,000 for the 
     Multilateral Debt Relief Initiative.


EUROPEAN BANK FOR RECONSTRUCTION AND DEVELOPMENT LIMITATION ON CALLABLE 
                         CAPITAL SUBSCRIPTIONS

       The conference agreement provides $1,252,331,952 for 
     Limitation on Callable Capital Subscriptions.


  CONTRIBUTION TO THE INTERNATIONAL FUND FOR AGRICULTURAL DEVELOPMENT

       The conference agreement provides $30,000,000 for 
     Contribution to the International Fund for Agricultural 
     Development.

                                TITLE VI

                    EXPORT AND INVESTMENT ASSISTANCE

                Export-Import Bank of the United States


                           INSPECTOR GENERAL

       The conference agreement provides $4,000,000 for the 
     Inspector General for the Export-Import Bank (the Bank).
       The conferees are concerned with the absence of regular 
     inspections of Overseas Private Investment Corporation (OPIC) 
     operations and the oversight of an Inspector General, and 
     direct the President of OPIC to consult with the Committees 
     on Appropriations and other appropriate congressional 
     committees on the options for increasing oversight of OPIC 
     programs, including under the authorities of the Export-
     Import Bank Inspector General.


                         SUBSIDY APPROPRIATION

       The conference agreement provides $58,000,000 for Subsidy 
     Appropriation for the Export-Import Bank.


                        ADMINISTRATIVE EXPENSES

       The conference agreement provides $89,900,000 for 
     Administrative Expenses for the Export-Import Bank.
       The conference agreement includes $6,000,000 to support the 
     Bank's efforts to establish regional offices focusing on 
     small businesses and to significantly increase the number of 
     small business transactions.
       The conferees direct that the use of the aggregate loan, 
     guarantee, and insurance authorities available to the Bank in 
     fiscal year 2012 should not result in greenhouse gas 
     emissions from the extraction or production of fossil fuels 
     or the use of fossil fuels in electricity generation that 
     exceed the average of the total emissions in the preceding 
     three fiscal years resulting from the use of these 
     authorities unless, not less than 15 days prior to each such 
     use of such authorities in fiscal year 2012, the Bank 
     provides a written report to the Committees on Appropriations 
     that such use would result in emissions exceeding this amount 
     and indicating the amount of the increase, and posts such 
     report on the Bank's Web site.
       The conference agreement directs that not less than 10 
     percent of the Bank's authority for aggregate loan, 
     guarantee, and insurance should be used for renewable energy 
     and end-use energy efficiency technologies. The conferees 
     direct the Bank to provide a report to the Committees on 
     Appropriations, not later than 90 days after enactment of 
     this Act, that includes: all financing for renewable energy 
     and end-use energy efficiency technologies, or other 
     environmentally beneficial exports carried out in fiscal year 
     2011; efforts made by the Bank to promote and support such 
     exports; information on which regions and sectors exhibit the 
     greatest potential for such exports; how the Bank defines and 
     tracks such activities; data on the Bank's progress toward 
     meeting the 10 percent directive and the Bank's planned 
     efforts to overcome any shortfall; the Bank's data, current 
     policies, and efforts to mitigate greenhouse gas emissions 
     resulting from projects it finances; and, as applicable, the 
     implementation status of recommendations made by the GAO 
     concerning the promotion of renewable energy and end-use 
     energy efficiency technologies, as well as other 
     environmentally beneficial exports.

                Overseas Private Investment Corporation


                           NONCREDIT ACCOUNT

       The conference agreement provides $54,990,000 for Noncredit 
     Account of OPIC.


                            PROGRAM ACCOUNT

       The conference agreement provides $25,000,000 for Program 
     Account of OPIC.
       The conferees endorse prior year reporting requirements 
     relating to a semi-annual report on OPIC investment funds, 
     and prior consultation on local currency guarantees and 
     financing for nongovernmental organizations and private and 
     voluntary organizations, as stated in House Report 111-187 
     accompanying H.R. 3081.
       The conferees direct the President of OPIC to include in 
     its fiscal year 2013 congressional budget justification a 
     confidential annex that describes new loans, guarantees, and 
     insurance approved in fiscal year 2011 by category, 
     recipient, country, level of OPIC resources provided, and 
     source year of financing used. The conferees also direct OPIC 
     to provide additional detail, including an annual summary of 
     positive and negative subsidy by product line.
       The conferees are concerned with the absence of regular 
     inspections of OPIC operations and the oversight of an 
     Inspector General, and direct the President of OPIC to 
     consult with the Committees on Appropriations and other 
     appropriate congressional committees on the options for 
     increasing oversight of OPIC programs, including under the 
     authorities of the Export-Import Bank Inspector General.


                      TRADE AND DEVELOPMENT AGENCY

       The conference agreement provides $50,000,000 for Trade and 
     Development Agency.

                               TITLE VII

                           GENERAL PROVISIONS

       The following general provisions are continued in this Act 
     substantively unchanged from the Department of State, Foreign 
     Operations, and Related Programs Appropriations Act, 2010 
     (division F of Public Law 111-117):

Sec. 7001.  Allowances and Differentials
Sec. 7003.  Consulting Services
Sec. 7005.  Personnel Actions
Sec. 7007.  Prohibition Against Direct Funding for Certain Countries
Sec. 7010.  Reporting Requirement
Sec. 7012.  Limitation on Assistance to Countries in Default
Sec. 7014.  Reservations of Funds
Sec. 7016.  Notification of Excess Defense Equipment
Sec. 7017.  Limitation on Availability of Funds for International 
              Organizations and Programs
Sec. 7018.  Prohibition on Funding for Abortions and Involuntary 
              Sterilization
Sec. 7020.  Prohibition of Payment of Certain Expenses
Sec. 7022.  Authorization Requirements
Sec. 7023.  Definition of Program, Project, and Activity
Sec. 7026.  Separate Accounts
Sec. 7027.  Eligibility for Assistance
Sec. 7028.  Impact on Jobs in the United States
Sec. 7030.  Debt-for-Development
Sec. 7032.  Authority to Engage in Debt Buybacks or Sales
Sec. 7035.  Arab League Boycott of Israel
Sec. 7036.  Palestinian Statehood
Sec. 7037.  Restrictions Concerning the Palestinian Authority
Sec. 7038.  Prohibition on Assistance to the Palestinian Broadcasting 
              Corporation
Sec. 7039.  Assistance for the West Bank and Gaza
Sec. 7047.  Prohibition of Payments to United Nations Members
Sec. 7048.  War Crimes Tribunals Drawdown
Sec. 7050.  Community-Based Police Assistance
Sec. 7053.  Parking Fines and Real Property Taxes Owed by Foreign 
              Governments (incorporates prior year conditions by 
              reference)
Sec. 7054.  Landmines and Cluster Munitions
Sec. 7055.  Prohibition on Publicity or Propaganda
Sec. 7056.  Limitation on Residence Expenses
Sec. 7059.  Prohibition on Promotion of Tobacco
Sec. 7064.  Requests for Documents
Sec. 7068.  Extradition
Sec. 7069.  Commercial Leasing of Defense Articles
Sec. 7072.  Repression in the Russian Federation
Sec. 7073.  Prohibition on First-Class Travel

       The following general provisions are either new, or are 
     substantively modified, from those included in division F of 
     Public Law 111-117:
     Sec. 7002.  Unobligated Balances Report (Modified)
       Section 7002 of the conference agreement requires any 
     department or agency funded by this Act to provide a 
     quarterly report on unobligated and unexpended balances to 
     the Committees on Appropriations. The conferees expect the 
     report to specify, where feasible, funds obligated pursuant 
     to bilateral agreements which have not been further sub-
     obligated. The conferees note that current reports from USAID 
     designate expired and unexpired funds by account and fiscal 
     year, and expect the Department of State to continue to work 
     on modifying their financial systems to enable them to submit 
     a report in a similar format. The conferees also direct the 
     Department of State and USAID to provide periodic briefings 
     on the information in this report, including on the status of 
     sub-obligations related to bilateral agreements.
Sec. 7004.  Embassy Construction (Modified)
       The conference agreement includes authorization within 
     section 7004 for the Maintenance Cost Sharing initiative to 
     utilize funding from the Capital Security Cost Sharing (CSCS) 
     program for the maintenance, repair, and rehabilitation of 
     new facilities with an inter-agency presence.
Sec. 7006.  Local Guard Contracts (Modified)
Sec. 7008.  Coups d'Etat (Modified)
       The conferees intend that the modifications to this 
     provision shall apply to prospective coups d'etat and shall 
     not apply to retrospective assessments.

Sec. 7009.  Transfer Authority (Modified)
Sec. 7011.  Availability of Funds (Modified)
Sec. 7013.  Prohibition on Taxation of United States Assistance 
              (Modified)
Sec. 7015.  Notification Requirements (Modified)
Sec. 7019.  Allocations (Modified)


[[Page H9779]]


Sec. 7021.  Prohibition on Assistance to Governments Supporting 
              International Terrorism (Modified)
       Section 7021 of the conference agreement combines sections 
     7021 and 7022 in division F of Public Law 111-117 relating to 
     prohibitions on the export of lethal military equipment and 
     on providing bilateral assistance to countries supporting 
     international terrorism. Additionally, section 7021 prohibits 
     bilateral assistance to any foreign government controlled by 
     a designated terrorist organization.
Sec. 7024.  Authorities for the Peace Corps, Inter-American Foundation 
              and African Development Foundation (Modified)
Sec. 7025.  Commerce, Trade and Surplus Commodities
       The conference agreement includes language expanding 
     exceptions to the application of subsection (b). When relying 
     on this expanded exception, the USAID Administrator should, 
     in order to maximize program effectiveness, consult with 
     relevant agriculture industry representatives regarding the 
     same, similar, or substitute commodities and products.
Sec. 7029.  International Financial Institutions (Modified)
Sec. 7031.  Financial Management and Budget Transparency (Modified)
       For the purposes of this section the term ``direct 
     government-to-government assistance'' shall include cash 
     transfers, nonproject sector assistance, and other forms of 
     assistance where funds appropriated by this Act are provided 
     directly to the recipient government.
       Section 7031(c) includes language related to anti-
     kleptocracy. The conferees note that this provision revises 
     current law (section 7084 of division F of Public Law 111-
     117) and includes a national interest waiver. The conferees 
     note that ineligibility for entry into the United States 
     under this provision is not dependent on a decision or other 
     action by any Federal agency other than the Department of 
     State.
Sec. 7033.  Multi-Year Commitments (New)
       The conferees understand that the Secretary of the Treasury 
     does not intend to increase the quota resources of the IMF in 
     fiscal year 2012. If the Secretary does intend to commit the 
     United States to additional contributions to the IMF, the 
     conference agreement includes a provision that would, at a 
     minimum, require consultation with the Committees on 
     Appropriations not less than 7 days before such pledge is 
     made.
Sec. 7034.  Special Provisions (Modified)
       Section 7034(h)(5) states that funds appropriated by this 
     Act that are made available to promote democracy and human 
     rights shall also be made available to support freedom of 
     religion, especially in the Middle East and North Africa.
       Section 7034(k) redesignates section 620J of the Foreign 
     Assistance Act of 1961 to section 620M, and modifies it by 
     substituting ``credible information'' for ``credible 
     evidence'' in order to clarify that the information need not 
     be admissible in a court of law to be credible and to conform 
     to similar wording in a comparable provision in the Defense 
     Appropriations Act, and by adding guidelines for: tracking 
     United States assistance to foreign security forces; the 
     collection, receipt, evaluation, and preservation of 
     information about gross violations of human rights; vetting 
     both individuals and units; and, to the maximum extent 
     practicable, publicly identifying units for which no 
     assistance shall be furnished pursuant to section 620M.
Sec. 7040.  Limitation on Assistance for the Palestinian Authority 
              (Modified subsection (f))
Sec. 7041.  Near East (Modified)
       Section 7041(a)(1) of this Act provides limitations on 
     assistance for Egypt, and includes authorities for an Egypt 
     debt initiative.
       Section 7041(a)(3) provides authority and conditions for an 
     Egypt initiative. The conferees make available up to 
     $500,000,000 of the funds appropriated under the Economic 
     Support Fund heading in this Act and prior acts for such 
     purposes. However, the conferees note that all funds are 
     subject to the regular notification procedures of the 
     Committees on Appropriations and expect that funds will be 
     provided in tranches, at the minimum rate necessary, and in a 
     manner consistent with the advancement of United States--
     Egyptian strategic interests. The conferees note that this 
     initiative demonstrates United States support for Egypt's 
     democratic transition and economic development, and should 
     serve as an incentive to the Government of Egypt (GOE) to 
     pursue policies of mutual interest. The conferees intend that 
     prior to the use of the authority under this initiative the 
     transition to a civilian government will have substantially 
     progressed, and the GOE will implement economic development 
     policies consistent with the objectives of such initiative.
       The conferees direct that the notification submitted to the 
     Committees on Appropriations include a detailed description 
     and estimate of the economic benefits of projects anticipated 
     to be undertaken, the role of the GOE in implementing 
     projects, an explanation of how such projects contribute to 
     economic and democratic reforms in Egypt, and the means by 
     which the uses of funds and results achieved will be 
     monitored and measured. The conferees intend that the 
     notification may be submitted to other congressional 
     committees, as appropriate.
       The conferees direct the Secretary of State to use prior 
     appropriated funds to the maximum extent practicable with 
     respect to supporting projects and initiatives in Egypt, and 
     to structure the timing and amounts of disbursements of funds 
     for activities regarding the Egypt debt initiative. The 
     Secretary of State shall consult with the Committees on 
     Appropriations and other congressional committees, as 
     appropriate, on the planned uses of the funds prior to 
     obligating funds under such structured disbursement. The 
     conferees expect the Secretary of State to spend down prior 
     appropriated funds in an efficient manner, and to keep the 
     Committees on Appropriations informed on a regular basis on 
     the balances of such funds.
       Section 7041(b) of this Act includes language authorizing 
     the establishment of enterprise funds in Egypt, Tunisia, and 
     Jordan. The conferees intend that at the termination of the 
     respective funds, 50 percent of the proceeds realized by each 
     fund from the liquidation of its assets should be returned to 
     the United States Treasury. The conferees request that the 
     Comptroller General of the United States conduct a review, 
     one year after the establishment of any enterprise fund, to 
     examine the management and oversight of the funds and to 
     determine if appropriate and sufficient safeguards exist 
     against financial misconduct.
       The conference agreement includes language regarding 
     democracy promotion in Libya and Syria, and restricts 
     infrastructure assistance for Libya.
Sec. 7042.  Serbia (Modified)
Sec. 7043.  Africa (Modified)
       The conferees direct the Secretary of State to provide to 
     the Committees on Appropriations the report detailed in 
     section 7061(b)(3) of S. 1601 (112th Congress).
       The conferees direct the Secretary of State to ensure that 
     no United States training, equipment, or other assistance is 
     provided to any Kenyan military personnel or units who have 
     been credibly alleged to have violated human rights at Mount 
     Elgon in March 2008, and to report to the Committees on 
     Appropriations within 90 days of enactment of this Act on 
     steps taken by the Government of Kenya to conduct a thorough, 
     credible investigation of such violations.
       The conferees endorse language in the Senate report 
     regarding the disappearance of journalist Ebrimah Manneh from 
     The Gambia.
Sec. 7044.  Asia (Modified)
Sec. 7045.  Western Hemisphere (Modified)
       The conferees direct that of the funds appropriated by this 
     Act that are available for assistance for the Colombian Armed 
     Forces, 25 percent may be obligated only after the Secretary 
     of State consults with, and subsequently certifies and 
     submits a written report to, the Committees on Appropriations 
     that--
       (1) The Colombian Armed Forces are suspending those 
     members, of whatever rank, who have been credibly alleged to 
     have violated human rights, or to have aided, abetted or 
     benefitted from paramilitary organizations or other illegal 
     armed groups; all such cases are promptly referred to 
     civilian jurisdiction for investigation and prosecution, and 
     the Colombian Armed Forces are not opposing civilian 
     jurisdiction in such cases; and the Colombian Armed Forces 
     are cooperating fully with civilian prosecutors and judicial 
     authorities.
       (2) The Government of Colombia has taken all necessary 
     steps to sever links with paramilitary organizations or other 
     illegal armed groups.
       (3) The Government of Colombia is dismantling paramilitary 
     networks, including by arresting and prosecuting under 
     civilian criminal law individuals who have provided 
     financial, planning, or logistical support, or have otherwise 
     aided, abetted or benefitted from paramilitary organizations 
     or other illegal armed groups, and by returning land and 
     other assets illegally acquired by such organizations or 
     their associates to their rightful occupants or owners.
       (4) The Government of Colombia is respecting the rights of 
     human rights defenders, journalists, trade unionists, and 
     other social activists, and the rights and territory of 
     indigenous and Afro-Colombian communities; and the Colombian 
     Armed Forces are implementing procedures to distinguish 
     between civilians, including displaced persons, and 
     combatants, in their operations.
       The conferees also direct that not later than 90 days after 
     enactment of this Act, the Secretary of State shall submit a 
     report to the Committees on Appropriations detailing any 
     United States funding, assistance or other support for the 
     Departamento Administrativo de Seguridad, its officials, 
     employees, affiliates and contractors during the period 2002 
     through 2010, including but not limited to training, 
     equipment, information sharing, technical assistance, and 
     facilities construction. To the maximum extent possible the 
     report shall be provided in unclassified form, but may also 
     include a classified annex.
     Sec.  7046. South Asia (Modified)
       The conferees direct the Secretary of State to submit a 
     report to the Committees on Appropriations not later than 45 
     days after enactment of this Act, detailing what steps have 
     been taken by the Government of Sri Lanka and international 
     bodies to thoroughly and credibly investigate war crimes and 
     violations of international humanitarian law during the 
     internal armed conflict, and evaluating the adequacy of steps 
     taken by the Government of Sri Lanka to hold perpetrators 
     accountable. The report should also indicate whether 
     suspected combatants detained during the conflict remain in 
     custody and whether humanitarian organizations have access to 
     such detainees.

[[Page H9780]]

       The conferees direct that funds available for Afghanistan 
     under the ESF and INCLE headings for training of foreign 
     police, judicial, and military personnel should address 
     gender-based violence, where appropriate.
       The conferees direct that, not later than 180 days after 
     enactment of this Act, the Secretary of State, in 
     consultation with the USAID Administrator, submit a report to 
     the Committees on Appropriations detailing actions taken by 
     the Government of Afghanistan to expand rail transport in 
     Afghanistan since 2009; providing an assessment of any 
     national rail transport strategy, including the costs 
     associated with implementation of such strategy; providing an 
     analysis of the economic benefits of expanding and improving 
     rail connections with neighboring countries, including in 
     areas with significant resources; and making recommendations 
     for the standardization of rail gauge in Afghanistan that is 
     compatible with Central Asian countries, including 
     Uzbekistan.
     Sec. 7049.  United Nations (New)
       Section 7049(a) requires that 15 percent of United States 
     contributions to United Nations agencies and the Organization 
     of American States shall be withheld from obligation if the 
     Secretary of State determines and reports that such agency or 
     organization is not taking steps to meet certain conditions. 
     The Secretary may waive this requirement if to do so is in 
     the national interest. The conferees intend this restriction 
     to apply only to such entities that receive annual United 
     States contributions exceeding $20,000,000. The conferees 
     further intend that for the purposes of this section, 
     ``necessary access'' means access necessary for United States 
     Government officials to obtain the results of financial and 
     performance audits in a timely manner.

Sec. 7051.  Attendance at International Conferences (Modified)
Sec. 7052.  Aircraft Transfer and Coordination (Modified)

     Sec. 7057.  United States Agency for International 
         Development Management (Modified)
       The conferees intend that funds appropriated under the 
     heading Operating Expenses in title II of this Act are made 
     available to develop and implement training for staff in 
     overseas USAID missions to promote the full inclusion and 
     equal participation of people with disabilities.

Sec. 7058.  Global Health Activities (Modified)
Sec. 7060.  Programs to Promote Gender Equality (Modified)

     Sec. 7061.  Gender-Based Violence
       For the purposes of this Act, the conferees direct that 
     gender-based violence should include any form of violence or 
     abuse that targets women or men on the basis of their gender 
     and results in physical, sexual or psychological harm.
       The conferees direct the Secretary of State and the USAID 
     Administrator to submit to the Committees on Appropriations, 
     not later than 180 days after the enactment of this Act, a 
     multi-year strategy to prevent and respond to violence 
     against women and girls in countries where it is common. The 
     strategy should include achievable and sustainable goals, 
     benchmarks for measuring progress, and expected results. The 
     formulation of the strategy should include regular engagement 
     with men and boys as community leaders and advocates in 
     ending such violence.
     Sec. 7062.  Sector Allocations (New)
       This section consolidates directives, related reporting 
     requirements and limitations for program funding in sectors 
     including education, environment, and food security and 
     agriculture development. The conferees expect these funds to 
     be awarded competitively and in accordance with all 
     applicable rules and regulations. With respect to funding 
     requirements in this section and other minimum funding 
     requirements contained in the conference agreement, the 
     conferees note that funds appropriated in title VIII of this 
     Act under the same headings may be used to meet such 
     requirements.

Sec. 7063.  Central Asia (Modified)
Sec. 7065.  Overseas Private Investment Corporation (Modified)
Sec. 7066.  International Prison Conditions (Modified)
Sec. 7067.  Prohibition on Use of Torture (Modified)
Sec. 7070.  Independent States of the Former Soviet Union (Modified)
Sec. 7071.  International Monetary Fund (Modified)
Sec. 7074.  Disability Programs (Modified)
Sec. 7075.  Enterprise Funds (Modified)
Sec. 7076.  Consular Affairs (New)
Sec. 7077.  Procurement Reform (New)
       Section 7077 provides authority to the USAID Administrator 
     to award contracts and other acquisition instruments to local 
     entities if the procurement meets the criteria described in 
     this provision.

Sec. 7078.  Operating and Spend Plans (New)
Sec. 7079.  Rescissions (New)
Sec. 7080.  Special Defense Acquisition Fund (New)
Sec. 7081.  Authority for Capital Increases (New)
Sec. 7082.  Reforms Related to General Capital Increases (New)
Sec. 7083.  Authority for Replenishments (New)
Sec. 7084.  Authority for the Fund for Special Operations (New)
Sec. 7085.  United Nations Population Fund (Modified)
       The conference agreement continues prior year conditions on 
     funding for the United Nations Population Fund and modifies 
     the funding level.
Sec. 7086.  Limitations (New)
Sec. 7087.  Use of Funds in Contravention of this Act (Modified)
       The conferees continue the requirement that the Executive 
     Branch notify the Committees on Appropriations 5 days in 
     advance of any action or other decision that would otherwise 
     have been prohibited or required by this Act but for a 
     determination that a provision in this Act is 
     unconstitutional.
       The following general provisions included in division F of 
     Public Law 111-117 have been modified and merged with other 
     provisions in this Act: Sections 7022, 7043, 7046, 7050, 
     7052, 7054, 7064, 7065, 7076, 7081, 7084, 7086, and 7089.
       The conference agreement does not include section 7066 
     included in division F of Public Law 111-117 regarding a 
     comprehensive expenditures report. Instead, the conferees 
     direct the Secretary of State, in consultation with relevant 
     agency heads, to report to the Committees on Appropriations, 
     not later than 180 days after enactment of this Act, on 
     options for standardizing assistance information, by program, 
     country, and fiscal year. The conferees intend to direct the 
     submission of this report in future fiscal years, and to 
     require its posting on the Foreign Assistance Dashboard.
       The conference agreement does not continue the following 
     general provisions included in division F of Public Law 111-
     117: Sections 7033, 7041, 7068, 7088, and 7091.

                               TITLE VIII

        OVERSEAS CONTINGENCY OPERATIONS/GLOBAL WAR ON TERRORISM

       Funds appropriated as OCO/GWOT under this title address the 
     ``extraordinary and temporary'' costs of contingency 
     operations in Afghanistan, Pakistan and Iraq, as well as 
     other counterterrorism and counterinsurgency programs and 
     response to conflict-related and other crises. As noted in 
     the congressional budget justification for fiscal year 2012, 
     OCO funds are expected to be phased out over time.

                          Department of State

                   Administration of Foreign Affairs


                    DIPLOMATIC AND CONSULAR PROGRAMS

       The conference agreement provides $4,389,064,000 for 
     Diplomatic and Consular Programs, of which $236,201,000 is 
     for Worldwide Security Protection. The amount provided is for 
     the extraordinary costs of operations in Afghan