Text: H.R.3671 — 112th Congress (2011-2012)

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Introduced in House (12/14/2011)


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[Congressional Bills 112th Congress]
[From the U.S. Government Printing Office]
[H.R. 3671 Introduced in House (IH)]

112th CONGRESS
  1st Session
                                H. R. 3671

Making consolidated appropriations for the fiscal year ending September 
                   30, 2012, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           December 14, 2011

    Mr. Rogers of Kentucky introduced the following bill; which was 
  referred to the Committee on Appropriations, and in addition to the 
Committee on the Budget, for a period to be subsequently determined by 
the Speaker, in each case for consideration of such provisions as fall 
           within the jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


 
Making consolidated appropriations for the fiscal year ending September 
                   30, 2012, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

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

SEC. 2. TABLE OF CONTENTS.

    The table of contents of this Act is as follows:

Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. References.
Sec. 4. Explanatory statement.
Sec. 5. Statement of appropriations.
Sec. 6. Availability of funds.
       DIVISION A--DEPARTMENT OF DEFENSE APPROPRIATIONS ACT, 2012

Title I--Military Personnel, Army
Title II--Operation and Maintenance
Title III--Procurement
Title IV--Research, Development, Test and Evaluation
Title V--Revolving and Management Funds
Title VI--Other Department of Defense Programs
Title VII--Related agencies
Title VIII--General provisions
Title IX--Overseas contingency operations
   DIVISION B--ENERGY AND WATER DEVELOPMENT APPROPRIATIONS ACT, 2012

Title I--Corps of Engineers--Civil
Title II--Department of the Interior
Title III--Department of Energy
Title IV--Independent agencies
Title V--General provisions
 DIVISION C--FINANCIAL SERVICES AND GENERAL GOVERNMENT APPROPRIATIONS 
                               ACT, 2012

Title I--Department of the Treasury
Title II--Executive Office of the President and Funds Appropriated to 
                            the President
Title III--The Judiciary
Title IV--District of Columbia
Title V--Independent agencies
Title VI--General provisions--This Act
Title VII--General provisions--Government-wide
Title VIII--General provisions--District of Columbia
  DIVISION D--DEPARTMENT OF HOMELAND SECURITY APPROPRIATIONS ACT, 2012

Title I--Departmental management and operations
Title II--Security, enforcement, and investigations
Title III--Protection, preparedness, response, and recovery
Title IV--Research and development, training, and services
Title V--General provisions
   DIVISION E--DEPARTMENT OF THE INTERIOR, ENVIRONMENT, AND RELATED 
                   AGENCIES APPROPRIATIONS ACT, 2012

Title I--Department of the Interior
Title II--Environmental Protection Agency
Title III--Related agencies
Title IV--General provisions
DIVISION F--DEPARTMENTS OF LABOR, HEALTH AND HUMAN SERVICES, EDUCATION, 
             AND RELATED AGENCIES APPROPRIATIONS ACT, 2012

Title I--Department of Labor
Title II--Department of Health and Human Services
Title III--Department of Education
Title IV--Related agencies
Title V--General provisions
        DIVISION G--LEGISLATIVE BRANCH APPROPRIATIONS ACT, 2012

Title I--Legislative Branch
Title II--General provisions
  DIVISION H--MILITARY CONSTRUCTION AND VETERANS AFFAIRS AND RELATED 
                   AGENCIES APPROPRIATIONS ACT, 2012

Title I--Department of Defense
Title II--Department of Veterans Affairs
Title III--Related agencies
Title IV--Overseas contingency operations
Title V--General provisions
   DIVISION I--DEPARTMENT OF STATE, FOREIGN OPERATIONS, AND RELATED 
                   PROGRAMS APPROPRIATIONS ACT, 2012

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

SEC. 3. REFERENCES.

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

SEC. 4. EXPLANATORY STATEMENT.

    The explanatory statement regarding this Act printed in the House 
of Representatives section of the Congressional Record on or about 
December 16, 2011 by the Chairman of the Committee of Appropriations of 
the House shall have the same effect with respect to the allocation of 
funds and implementation of this Act as if it were a joint explanatory 
statement of a committee of conference.

SEC. 5. STATEMENT OF APPROPRIATIONS.

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

SEC. 6. AVAILABILITY OF FUNDS.

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

       DIVISION A--DEPARTMENT OF DEFENSE APPROPRIATIONS ACT, 2012

                   TITLE I--MILITARY PERSONNEL, ARMY

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

                        Military Personnel, Navy

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

                    Military Personnel, Marine Corps

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

                     Military Personnel, Air Force

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

                        Reserve Personnel, Army

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

                        Reserve Personnel, Navy

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

                    Reserve Personnel, Marine Corps

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

                      Reserve Personnel, Air Force

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

                     National Guard Personnel, Army

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

                  National Guard Personnel, Air Force

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

                                TITLE II

                       OPERATION AND MAINTENANCE

                    Operation and Maintenance, Army

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

                    Operation and Maintenance, Navy

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

                Operation and Maintenance, Marine Corps

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

                  Operation and Maintenance, Air Force

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

                Operation and Maintenance, Defense-Wide

                     (including transfer of funds)

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

                Operation and Maintenance, Army Reserve

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

                Operation and Maintenance, Navy Reserve

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

            Operation and Maintenance, Marine Corps Reserve

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

              Operation and Maintenance, Air Force Reserve

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

             Operation and Maintenance, Army National Guard

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

             Operation and Maintenance, Air National Guard

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

          United States Court of Appeals for the Armed Forces

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

                    Environmental Restoration, Army

                     (including transfer of funds)

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

                    Environmental Restoration, Navy

                     (including transfer of funds)

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

                  Environmental Restoration, Air Force

                     (including transfer of funds)

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

                Environmental Restoration, Defense-Wide

                     (including transfer of funds)

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

         Environmental Restoration, Formerly Used Defense Sites

                     (including transfer of funds)

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

             Overseas Humanitarian, Disaster, and Civic Aid

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

                  Cooperative Threat Reduction Account

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

      Department of Defense Acquisition Workforce Development Fund

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

                               TITLE III

                              PROCUREMENT

                       Aircraft Procurement, Army

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

                       Missile Procurement, Army

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

        Procurement of Weapons and Tracked Combat Vehicles, Army

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

                    Procurement of Ammunition, Army

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

                        Other Procurement, Army

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

                       Aircraft Procurement, Navy

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

                       Weapons Procurement, Navy

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

            Procurement of Ammunition, Navy and Marine Corps

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

                   Shipbuilding and Conversion, Navy

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

                        Other Procurement, Navy

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

                       Procurement, Marine Corps

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

                    Aircraft Procurement, Air Force

                     (including transfer of funds)

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

                     Missile Procurement, Air Force

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

                  Procurement of Ammunition, Air Force

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

                      Other Procurement, Air Force

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

                       Procurement, Defense-Wide

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

                    Defense Production Act Purchases

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

                                TITLE IV

               RESEARCH, DEVELOPMENT, TEST AND EVALUATION

            Research, Development, Test and Evaluation, Army

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

            Research, Development, Test and Evaluation, Navy

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

         Research, Development, Test and Evaluation, Air Force

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

        Research, Development, Test and Evaluation, Defense-Wide

                     (including transfer of funds)

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

                Operational Test and Evaluation, Defense

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

                                TITLE V

                     REVOLVING AND MANAGEMENT FUNDS

                     Defense Working Capital Funds

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

                     National Defense Sealift Fund

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

                                TITLE VI

                  OTHER DEPARTMENT OF DEFENSE PROGRAMS

                         Defense Health Program

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

           Chemical Agents and Munitions Destruction, Defense

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

         Drug Interdiction and Counter-Drug Activities, Defense

                     (including transfer of funds)

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

                    Office of the Inspector General

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

                               TITLE VII

                            RELATED AGENCIES

   Central Intelligence Agency Retirement and Disability System Fund

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

               Intelligence Community Management Account

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

                               TITLE VIII

                           GENERAL PROVISIONS

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

                          (transfer of funds)

    Sec. 8005.  Upon determination by the Secretary of Defense that 
such action is necessary in the national interest, he may, with the 
approval of the Office of Management and Budget, transfer not to exceed 
$3,750,000,000 of working capital funds of the Department of Defense or 
funds made available in this Act to the Department of Defense for 
military functions (except military construction) between such 
appropriations or funds or any subdivision thereof, to be merged with 
and to be available for the same purposes, and for the same time 
period, as the appropriation or fund to which transferred:  Provided, 
That such authority to transfer may not be used unless for higher 
priority items, based on unforeseen military requirements, than those 
for which originally appropriated and in no case where the item for 
which funds are requested has been denied by the Congress:  Provided 
further, That the Secretary of Defense shall notify the Congress 
promptly of all transfers made pursuant to this authority or any other 
authority in this Act:  Provided further, That no part of the funds in 
this Act shall be available to prepare or present a request to the 
Committees on Appropriations for reprogramming of funds, unless for 
higher priority items, based on unforeseen military requirements, than 
those for which originally appropriated and in no case where the item 
for which reprogramming is requested has been denied by the Congress:  
Provided further, That a request for multiple reprogrammings of funds 
using authority provided in this section shall be made prior to June 
30, 2012:  Provided further, That transfers among military personnel 
appropriations shall not be taken into account for purposes of the 
limitation on the amount of funds that may be transferred under this 
section.
    Sec. 8006. (a) With regard to the list of specific programs, 
projects, and activities (and the dollar amounts and adjustments to 
budget activities corresponding to such programs, projects, and 
activities) contained in the tables titled ``Explanation of Project 
Level Adjustments'' in the explanatory statement described in section 4 
(in the matter preceding division A of this consolidated Act), the 
obligation and expenditure of amounts appropriated or otherwise made 
available in this Act for those programs, projects, and activities for 
which the amounts appropriated exceed the amounts requested are hereby 
required by law to be carried out in the manner provided by such tables 
to the same extent as if the tables were included in the text of this 
Act.
    (b) Amounts specified in the referenced tables described in 
subsection (a) shall not be treated as subdivisions of appropriations 
for purposes of section 8005 of this Act:  Provided, That section 8005 
shall apply when transfers of the amounts described in subsection (a) 
occur between appropriation accounts.
    Sec. 8007. (a) Not later than 60 days after enactment of this Act, 
the Department of Defense shall submit a report to the congressional 
defense committees to establish the baseline for application of 
reprogramming and transfer authorities for fiscal year 2012:  Provided, 
That the report shall include--
            (1) a table for each appropriation with a separate column 
        to display the President's budget request, adjustments made by 
        Congress, adjustments due to enacted rescissions, if 
        appropriate, and the fiscal year enacted level;
            (2) a delineation in the table for each appropriation both 
        by budget activity and program, project, and activity as 
        detailed in the Budget Appendix; and
            (3) an identification of items of special congressional 
        interest.
    (b) Notwithstanding section 8005 of this Act, none of the funds 
provided in this Act shall be available for reprogramming or transfer 
until the report identified in subsection (a) is submitted to the 
congressional defense committees, unless the Secretary of Defense 
certifies in writing to the congressional defense committees that such 
reprogramming or transfer is necessary as an emergency requirement.

                          (transfer of funds)

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

                          (transfer of funds)

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

                             (rescissions)

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

                     (including transfer of funds)

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

                     (including transfer of funds)

    Sec. 8067.  Of the amounts appropriated in this Act under the 
heading ``Operation and Maintenance, Army'', $124,493,000 shall remain 
available until expended:  Provided, That notwithstanding any other 
provision of law, the Secretary of Defense is authorized to transfer 
such funds to other activities of the Federal Government:  Provided 
further, That the Secretary of Defense is authorized to enter into and 
carry out contracts for the acquisition of real property, construction, 
personal services, and operations related to projects carrying out the 
purposes of this section:  Provided further, That contracts entered 
into under the authority of this section may provide for such 
indemnification as the Secretary determines to be necessary:  Provided 
further, That projects authorized by this section shall comply with 
applicable Federal, State, and local law to the maximum extent 
consistent with the national security, as determined by the Secretary 
of Defense.
    Sec. 8068.  Section 8106 of the Department of Defense 
Appropriations Act, 1997 (titles I through VIII of the matter under 
subsection 101(b) of Public Law 104-208; 110 Stat. 3009-111; 10 U.S.C. 
113 note) shall continue in effect to apply to disbursements that are 
made by the Department of Defense in fiscal year 2012.
    Sec. 8069.  In addition to amounts provided elsewhere in this Act, 
$4,000,000 is hereby appropriated to the Department of Defense, to 
remain available for obligation until expended:  Provided, That 
notwithstanding any other provision of law, that upon the determination 
of the Secretary of Defense that it shall serve the national interest, 
these funds shall be available only for a grant to the Fisher House 
Foundation, Inc., only for the construction and furnishing of 
additional Fisher Houses to meet the needs of military family members 
when confronted with the illness or hospitalization of an eligible 
military beneficiary.
    Sec. 8070. (a) In General.--Subchapter I of chapter 88 of title 10, 
United States Code, is amended by adding the following new section at 
its end--
``Sec. 1790. MILITARY PERSONNEL CITIZENSHIP PROCESSING.
    ``Authorization of Payments.--Using funds provided for operation 
and maintenance and notwithstanding section 2215 of title 10, United 
States Code, the Secretary of Defense may reimburse the Secretary of 
Homeland Security for costs associated with the processing and 
adjudication by the United States Citizenship and Immigration Services 
(USCIS) of applications for naturalization described in sections 
328(b)(4) and 329(b)(4) of the Immigration and Nationality Act (8 
U.S.C. Sec. Sec.  1439(b)(4) and 1440(b)(4)). Such reimbursements shall 
be deposited and remain available as provided by sections 286(m) and 
(n) of such Act (8 U.S.C. Sec.  1356(m)). Such reimbursements shall be 
based on actual costs incurred by USCIS for processing applications for 
naturalization, and shall not exceed $7,500,000 per fiscal year.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
subchapter I of chapter 88 of title 10, United States Code, is amended 
by inserting after the item relating to section 1789 the following new 
item:

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

                     (including transfer of funds)

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

                     (including transfer of funds)

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

                     (including transfer of funds)

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

                     (including transfer of funds)

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

                     (including transfer of funds)

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

                     (including transfer of funds)

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

                     (including transfer of funds)

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

                     (including transfer of funds)

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

                     (including transfer of funds)

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

                     (including transfer of funds)

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

                     (including transfer of funds)

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

                     (including transfer of funds)

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

                                TITLE IX

                    OVERSEAS CONTINGENCY OPERATIONS

                           MILITARY PERSONNEL

                        Military Personnel, Army

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

                        Military Personnel, Navy

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

                    Military Personnel, Marine Corps

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

                     Military Personnel, Air Force

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

                        Reserve Personnel, Army

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

                        Reserve Personnel, Navy

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

                    Reserve Personnel, Marine Corps

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

                      Reserve Personnel, Air Force

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

                     National Guard Personnel, Army

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

                  National Guard Personnel, Air Force

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

                       OPERATION AND MAINTENANCE

                    Operation and Maintenance, Army

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

                    Operation and Maintenance, Navy

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

                Operation and Maintenance, Marine Corps

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

                  Operation and Maintenance, Air Force

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

                Operation and Maintenance, Defense-Wide

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

                Operation and Maintenance, Army Reserve

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

                Operation and Maintenance, Navy Reserve

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

            Operation and Maintenance, Marine Corps Reserve

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

              Operation and Maintenance, Air Force Reserve

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

             Operation and Maintenance, Army National Guard

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

             Operation and Maintenance, Air National Guard

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

                    Afghanistan Infrastructure Fund

                     (including transfer of funds)

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

                    Afghanistan Security Forces Fund

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

                              PROCUREMENT

                       Aircraft Procurement, Army

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

                       Missile Procurement, Army

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

        Procurement of Weapons and Tracked Combat Vehicles, Army

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

                    Procurement of Ammunition, Army

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

                        Other Procurement, Army

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

                       Aircraft Procurement, Navy

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

                       Weapons Procurement, Navy

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

            Procurement of Ammunition, Navy and Marine Corps

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

                        Other Procurement, Navy

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

                       Procurement, Marine Corps

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

                    Aircraft Procurement, Air Force

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

                     Missile Procurement, Air Force

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

                  Procurement of Ammunition, Air Force

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

                      Other Procurement, Air Force

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

                       Procurement, Defense-Wide

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

                  National Guard and Reserve Equipment

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

              Mine Resistant Ambush Protected Vehicle Fund

                     (including transfer of funds)

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

               RESEARCH, DEVELOPMENT, TEST AND EVALUATION

            Research, Development, Test and Evaluation, Army

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

            Research, Development, Test and Evaluation, Navy

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

         Research, Development, Test and Evaluation, Air Force

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

        Research, Development, Test and Evaluation, Defense-Wide

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

                     REVOLVING AND MANAGEMENT FUNDS

                     Defense Working Capital Funds

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

                  OTHER DEPARTMENT OF DEFENSE PROGRAMS

                         Defense Health Program

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

         Drug Interdiction and Counter-Drug Activities, Defense

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

             Joint Improvised Explosive Device Defeat Fund

                     (including transfer of funds)

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

                    Office of the Inspector General

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

                     GENERAL PROVISIONS--THIS TITLE

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

                     (including transfer of funds)

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

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

                                TITLE I

                       CORPS OF ENGINEERS--CIVIL

                         DEPARTMENT OF THE ARMY

                       Corps of Engineers--civil

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

                             investigations

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

                              construction

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

                   mississippi river and tributaries

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

                       operation and maintenance

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

                           regulatory program

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

            formerly utilized sites remedial action program

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

                 flood control and coastal emergencies

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

                                expenses

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

     office of the assistant secretary of the army for civil works

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

                        administrative provision

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

             general provisions--corps of engineers--civil

                     (including transfers of funds)

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

                                TITLE II

                       DEPARTMENT OF THE INTERIOR

                          Central Utah Project

                central utah project completion account

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

                         Bureau of Reclamation

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

                      water and related resources

                     (including transfers of funds)

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

                central valley project restoration fund

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

                    california bay-delta restoration

                     (including transfers of funds)

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

                       policy and administration

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

                        administrative provision

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

             GENERAL PROVISIONS--DEPARTMENT OF THE INTERIOR

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

                               TITLE III

                          DEPARTMENT OF ENERGY

                            ENERGY PROGRAMS

                 Energy Efficiency and Renewable Energy

                    (including rescission of funds)

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

              Electricity Delivery and Energy Reliability

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

                             Nuclear Energy

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

                 Fossil Energy Research and Development

                    (including rescission of funds)

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

                 Naval Petroleum and Oil Shale Reserves

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

                      Strategic Petroleum Reserve

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

                         SPR Petroleum Account

                    (including rescission of funds)

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

                   Northeast Home Heating Oil Reserve

                    (including rescission of funds)

    For necessary expenses for Northeast Home Heating Oil Reserve 
storage, operation, and management activities pursuant to the Energy 
Policy and Conservation Act, $10,119,000, to remain available until 
expended:  Provided, That amounts net of the purchase of 1 million 
barrels of petroleum distillates in fiscal year 2011; costs related to 
transportation, delivery, and storage; and sales of petroleum 
distillate from the Reserve under section 182 of the Energy Policy and 
Conservation Act (42 U.S.C. 6250a) are hereby permanently rescinded:  
Provided further, That notwithstanding section 181 of the Energy Policy 
and Conservation Act (42 U.S.C. 6250), for fiscal year 2012 and 
hereafter, the Reserve shall contain no more than 1 million barrels of 
petroleum distillate.

                   Energy Information Administration

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

                   Non-Defense Environmental Cleanup

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

      Uranium Enrichment Decontamination and Decommissioning Fund

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

                                Science

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

               Advanced Research Projects Agency--Energy

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

         Title 17 Innovative Technology Loan Guarantee Program

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

        Advanced Technology Vehicles Manufacturing Loan Program

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

                      Departmental Administration

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

                    Office of the Inspector General

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

                    ATOMIC ENERGY DEFENSE ACTIVITIES

                NATIONAL NUCLEAR SECURITY ADMINISTRATION

                           Weapons Activities

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

                    Defense Nuclear Nonproliferation

                    (including rescission of funds)

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

                             Naval Reactors

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

                      Office of the Administrator

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

               ENVIRONMENTAL AND OTHER DEFENSE ACTIVITIES

                     Defense Environmental Cleanup

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

                        Other Defense Activities

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

                    POWER MARKETING ADMINISTRATIONS

                  Bonneville Power Administration Fund

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

      Operation and Maintenance, Southeastern Power Administration

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

      Operation and Maintenance, Southwestern Power Administration

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

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

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

           Falcon and Amistad Operating and Maintenance Fund

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

                  Federal Energy Regulatory Commission

                         salaries and expenses

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

                GENERAL PROVISIONS--DEPARTMENT OF ENERGY

              (including rescission and transfer of funds)

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

                                TITLE IV

                          INDEPENDENT AGENCIES

                    Appalachian Regional Commission

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

                Defense Nuclear Facilities Safety Board

                         salaries and expenses

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

                        Delta Regional Authority

                         salaries and expenses

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

                           Denali Commission

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

                  Northern Border Regional Commission

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

                 Southeast Crescent Regional Commission

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

                     Nuclear Regulatory Commission

                         salaries and expenses

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

                      office of inspector general

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

                  Nuclear Waste Technical Review Board

                         salaries and expenses

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

Office of the Federal Coordinator for Alaska Natural Gas Transportation 
                                Projects

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

                GENERAL PROVISIONS--INDEPENDENT AGENCIES

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

                                TITLE V

                           GENERAL PROVISIONS

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

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

                                TITLE I

                       DEPARTMENT OF THE TREASURY

                          Departmental Offices

                         salaries and expenses

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

                      office of inspector general

                         salaries and expenses

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

           treasury inspector general for tax administration

                         salaries and expenses

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

    special inspector general for the troubled asset relief program

                         salaries and expenses

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

                  Financial Crimes Enforcement Network

                         salaries and expenses

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

                        Treasury Forfeiture Fund

                              (rescission)

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

                      Financial Management Service

                         salaries and expenses

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

                Alcohol and Tobacco Tax and Trade Bureau

                         salaries and expenses

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

                           United States Mint

               united states mint public enterprise fund

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

                       Bureau of the Public Debt

                     administering the public debt

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

   Community Development Financial Institutions Fund Program Account

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

                        Internal Revenue Service

                           taxpayer services

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

                              enforcement

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

                           operations support

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

                     business systems modernization

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

          administrative provisions--internal revenue service

                     (including transfer of funds)

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

         Administrative Provisions--Department of the Treasury

                     (including transfers of funds)

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

                                TITLE II

    EXECUTIVE OFFICE OF THE PRESIDENT AND FUNDS APPROPRIATED TO THE 
                               PRESIDENT

                     Compensation of the President

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

                            The White House

                         salaries and expenses

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

                 Executive Residence at the White House

                           operating expenses

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

                         reimbursable expenses

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

                   White House Repair and Restoration

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

                      Council of Economic Advisers

                         salaries and expenses

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

        National Security Council and Homeland Security Council

                         salaries and expenses

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

                        Office of Administration

                         salaries and expenses

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

                    Office of Management and Budget

                         salaries and expenses

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

                 Office of National Drug Control Policy

                         salaries and expenses

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

                     federal drug control programs

             high intensity drug trafficking areas program

                     (including transfers of funds)

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

                  other federal drug control programs

                     (including transfers of funds)

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

   Integrated, Efficient and Effective Uses of Information Technology

                     (including transfer of funds)

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

                          Unanticipated Needs

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

                  Special Assistance to the President

                         salaries and expenses

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

                Official Residence of the Vice President

                           operating expenses

                     (including transfer of funds)

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

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

             (including transfers of funds and rescissions)

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

                               TITLE III

                             THE JUDICIARY

                   Supreme Court of the United States

                         salaries and expenses

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

                    care of the building and grounds

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

         United States Court of Appeals for the Federal Circuit

                         salaries and expenses

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

               United States Court of International Trade

                         salaries and expenses

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

    Courts of Appeals, District Courts, and Other Judicial Services

                         salaries and expenses

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

                           defender services

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

                    fees of jurors and commissioners

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

                             court security

                     (including transfers of funds)

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

           Administrative Office of the United States Courts

                         salaries and expenses

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

                        Federal Judicial Center

                         salaries and expenses

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

                       Judicial Retirement Funds

                    payment to judiciary trust funds

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

                  United States Sentencing Commission

                         salaries and expenses

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

                Administrative Provisions--The Judiciary

                     (including transfer of funds)

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

                                TITLE IV

                          DISTRICT OF COLUMBIA

                             Federal Funds

              federal payment for resident tuition support

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

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

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

           federal payment to the district of columbia courts

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

  federal payment for defender services in district of columbia courts

                     (including transfer of funds)

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

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

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

  federal payment to the district of columbia public defender service

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

 federal payment to the district of columbia water and sewer authority

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

      federal payment to the criminal justice coordinating council

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

                federal payment for judicial commissions

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

                 federal payment for school improvement

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

      federal payment for the district of columbia national guard

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

         federal payment for testing and treatment of hiv/aids

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

                       District of Columbia Funds

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

                                TITLE V

                          INDEPENDENT AGENCIES

             Administrative Conference of the United States

                         salaries and expenses

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

               Christopher Columbus Fellowship Foundation

                         salaries and expenses

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

                   Consumer Product Safety Commission

                         salaries and expenses

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

     administrative provisions--consumer product safety commission

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

                     Election Assistance Commission

                         salaries and expenses

                     (including transfer of funds)

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

                   Federal Communications Commission

                         salaries and expenses

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

      administrative provisions--federal communications commission

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

                 Federal Deposit Insurance Corporation

                    office of the inspector general

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

                      Federal Election Commission

                         salaries and expenses

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

                   Federal Labor Relations Authority

                         salaries and expenses

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

                        Federal Trade Commission

                         salaries and expenses

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

                    General Services Administration

                        real property activities

                         federal buildings fund

                 limitations on availability of revenue

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

                           general activities

                         government-wide policy

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

                           operating expenses

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

                      office of inspector general

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

                       electronic government fund

                     (including transfer of funds)

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

           allowances and office staff for former presidents

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

                     federal citizen services fund

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

       Administrative Provisions--General Services Administration

             (including transfers of funds and rescission)

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

                 Harry S Truman Scholarship Foundation

                         salaries and expenses

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

                     Merit Systems Protection Board

                         salaries and expenses

                     (including transfer of funds)

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

            Morris K. Udall and Stewart L. Udall Foundation

            morris k. udall and stewart l. udall trust fund

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

                 environmental dispute resolution fund

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

              National Archives and Records Administration

                           operating expenses

                     (including transfer of funds)

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

                      office of inspector general

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

                        repairs and restoration

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

         national historical publications and records commission

                             grants program

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

                  National Credit Union Administration

                       central liquidity facility

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

               community development revolving loan fund

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

                      Office of Government Ethics

                         salaries and expenses

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

                     Office of Personnel Management

                         salaries and expenses

                  (including transfer of trust funds)

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

                      office of inspector general

                         salaries and expenses

                  (including transfer of trust funds)

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

      government payment for annuitants, employees health benefits

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

       government payment for annuitants, employee life insurance

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

        payment to civil service retirement and disability fund

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

                       Office of Special Counsel

                         salaries and expenses

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

                      Postal Regulatory Commission

                         salaries and expenses

                     (including transfer of funds)

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

              Privacy and Civil Liberties Oversight Board

                         salaries and expenses

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

             Recovery Accountability and Transparency Board

                         salaries and expenses

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

                   Securities and Exchange Commission

                         salaries and expenses

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

                        Selective Service System

                         salaries and expenses

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

                     Small Business Administration

                         salaries and expenses

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

                      office of inspector general

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

                           office of advocacy

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

                     business loans program account

                     (including transfer of funds)

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

                     disaster loans program account

                     (including transfers of funds)

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

        administrative provisions--small business administration

                     (including transfer of funds)

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

                      United States Postal Service

                   payment to the postal service fund

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

                      office of inspector general

                         salaries and expenses

                     (including transfer of funds)

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

                        United States Tax Court

                         salaries and expenses

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

                                TITLE VI

                      GENERAL PROVISIONS--THIS ACT

                        (including rescissions)

    Sec. 601.  None of the funds in this Act shall be used for the 
planning or execution of any program to pay the expenses of, or 
otherwise compensate, non-Federal parties intervening in regulatory or 
adjudicatory proceedings funded in this Act.
    Sec. 602.  None of the funds appropriated in this Act shall remain 
available for obligation beyond the current fiscal year, nor may any be 
transferred to other appropriations, unless expressly so provided 
herein.
    Sec. 603.  The expenditure of any appropriation under this Act for 
any consulting service through procurement contract pursuant to 5 
U.S.C. 3109, shall be limited to those contracts where such 
expenditures are a matter of public record and available for public 
inspection, except where otherwise provided under existing law, or 
under existing Executive order issued pursuant to existing law.
    Sec. 604.  None of the funds made available in this Act may be 
transferred to any department, agency, or instrumentality of the United 
States Government, except pursuant to a transfer made by, or transfer 
authority provided in, this Act or any other appropriations Act.
    Sec. 605.  None of the funds made available by this Act shall be 
available for any activity or for paying the salary of any Government 
employee where funding an activity or paying a salary to a Government 
employee would result in a decision, determination, rule, regulation, 
or policy that would prohibit the enforcement of section 307 of the 
Tariff Act of 1930 (19 U.S.C. 1307).
    Sec. 606.  No funds appropriated pursuant to this Act may be 
expended by an entity unless the entity agrees that in expending the 
assistance the entity will comply with the Buy American Act (41 U.S.C. 
10a-10c).
    Sec. 607.  No funds appropriated or otherwise made available under 
this Act shall be made available to any person or entity that has been 
convicted of violating the Buy American Act (41 U.S.C. 10a-10c).
    Sec. 608.  Except as otherwise provided in this Act, none of the 
funds provided in this Act, provided by previous appropriations Acts to 
the agencies or entities funded in this Act that remain available for 
obligation or expenditure in fiscal year 2012, or provided from any 
accounts in the Treasury derived by the collection of fees and 
available to the agencies funded by this Act, shall be available for 
obligation or expenditure through a reprogramming of funds that: (1) 
creates a new program; (2) eliminates a program, project, or activity; 
(3) increases funds or personnel for any program, project, or activity 
for which funds have been denied or restricted by the Congress; (4) 
proposes to use funds directed for a specific activity by the Committee 
on Appropriations of either the House of Representatives or the Senate 
for a different purpose; (5) augments existing programs, projects, or 
activities in excess of $5,000,000 or 10 percent, whichever is less; 
(6) reduces existing programs, projects, or activities by $5,000,000 or 
10 percent, whichever is less; or (7) creates or reorganizes offices, 
programs, or activities unless prior approval is received from the 
Committees on Appropriations of the House of Representatives and the 
Senate:  Provided, That prior to any significant reorganization or 
restructuring of offices, programs, or activities, each agency or 
entity funded in this Act shall consult with the Committees on 
Appropriations of the House of Representatives and the Senate:  
Provided further, That not later than 60 days after the date of 
enactment of this Act, each agency funded by this Act shall submit a 
report to the Committees on Appropriations of the House of 
Representatives and the Senate to establish the baseline for 
application of reprogramming and transfer authorities for the current 
fiscal year:  Provided further, That at a minimum the report shall 
include: (1) a table for each appropriation with a separate column to 
display the President's budget request, adjustments made by Congress, 
adjustments due to enacted rescissions, if appropriate, and the fiscal 
year enacted level; (2) a delineation in the table for each 
appropriation both by object class and program, project, and activity 
as detailed in the budget appendix for the respective appropriation; 
and (3) an identification of items of special congressional interest:  
Provided further, That the amount appropriated or limited for salaries 
and expenses for an agency shall be reduced by $100,000 per day for 
each day after the required date that the report has not been submitted 
to the Congress.
    Sec. 609.  Except as otherwise specifically provided by law, not to 
exceed 50 percent of unobligated balances remaining available at the 
end of fiscal year 2012 from appropriations made available for salaries 
and expenses for fiscal year 2012 in this Act, shall remain available 
through September 30, 2013, for each such account for the purposes 
authorized:  Provided, That a request shall be submitted to the 
Committees on Appropriations of the House of Representatives and the 
Senate for approval prior to the expenditure of such funds:  Provided 
further, That these requests shall be made in compliance with 
reprogramming guidelines.
    Sec. 610.  None of the funds made available in this Act may be used 
by the Executive Office of the President to request from the Federal 
Bureau of Investigation any official background investigation report on 
any individual, except when--
            (1) such individual has given his or her express written 
        consent for such request not more than 6 months prior to the 
        date of such request and during the same presidential 
        administration; or
            (2) such request is required due to extraordinary 
        circumstances involving national security.
    Sec. 611.  The cost accounting standards promulgated under chapter 
15 of title 41, United States Code shall not apply with respect to a 
contract under the Federal Employees Health Benefits Program 
established under chapter 89 of title 5, United States Code.
    Sec. 612.  For the purpose of resolving litigation and implementing 
any settlement agreements regarding the nonforeign area cost-of-living 
allowance program, the Office of Personnel Management may accept and 
utilize (without regard to any restriction on unanticipated travel 
expenses imposed in an Appropriations Act) funds made available to the 
Office of Personnel Management pursuant to court approval.
    Sec. 613.  No funds appropriated by this Act shall be available to 
pay for an abortion, or the administrative expenses in connection with 
any health plan under the Federal employees health benefits program 
which provides any benefits or coverage for abortions.
    Sec. 614.  The provision of section 613 shall not apply where the 
life of the mother would be endangered if the fetus were carried to 
term, or the pregnancy is the result of an act of rape or incest.
    Sec. 615.  In order to promote Government access to commercial 
information technology, the restriction on purchasing nondomestic 
articles, materials, and supplies set forth in chapter 83 of title 41, 
United States Code (popularly known as the Buy American Act), shall not 
apply to the acquisition by the Federal Government of information 
technology (as defined in section 11101 of title 40, United States 
Code), that is a commercial item (as defined in section 103 of title 
41, United States Code).
    Sec. 616.  Notwithstanding section 1353 of title 31, United States 
Code, no officer or employee of any regulatory agency or commission 
funded by this Act may accept on behalf of that agency, nor may such 
agency or commission accept, payment or reimbursement from a non-
Federal entity for travel, subsistence, or related expenses for the 
purpose of enabling an officer or employee to attend and participate in 
any meeting or similar function relating to the official duties of the 
officer or employee when the entity offering payment or reimbursement 
is a person or entity subject to regulation by such agency or 
commission, or represents a person or entity subject to regulation by 
such agency or commission, unless the person or entity is an 
organization described in section 501(c)(3) of the Internal Revenue 
Code of 1986 and exempt from tax under section 501(a) of such Code.
    Sec. 617.  The Public Company Accounting Oversight Board shall have 
authority to obligate funds for the scholarship program established by 
section 109(c)(2) of the Sarbanes-Oxley Act of 2002 (Public Law 107-
204) in an aggregate amount not exceeding the amount of funds collected 
by the Board as of December 31, 2011, including accrued interest, as a 
result of the assessment of monetary penalties. Funds available for 
obligation in fiscal year 2012 shall remain available until expended.
    Sec. 618.  From the unobligated balances of prior year 
appropriations made available for the Privacy and Civil Liberties 
Oversight Board, $998,000 are rescinded.
    Sec. 619.  Section 1107 of title 31, United States Code, is amended 
by adding to the end thereof the following: ``The President shall 
transmit promptly to Congress without change, proposed deficiency and 
supplemental appropriations submitted to the President by the 
legislative branch and the judicial branch.''.
    Sec. 620.  Notwithstanding section 708 of this Act, funds made 
available to the Commodity Futures Trading Commission and the 
Securities and Exchange Commission by this or any other Act may be used 
for the interagency funding and sponsorship of a joint advisory 
committee to advise on emerging regulatory issues.
    Sec. 621.  For purposes of Public Law 109-285, the period described 
in section 5134(f)(1)(B) of title 31, United States Code, shall be 
treated as a 2-year, 9-month period.
    Sec. 622.  The Help America Vote Act of 2002 (Public Law 107-252) 
is amended by:
            (1) inserting in section 255(b)(42 U.S.C. 15405) ``posted 
        on the Commission's website with a notice'' after ``cause to 
        have the plan'';
            (2) inserting in section 253(d)(42 U.S.C. 15403) ``notice 
        of'' prior to ``the State plan'';
            (3) inserting in section 254(a)(11)(42 U.S.C. 15404) 
        ``notice of'' prior to ``the change''; and
            (4) inserting in section 254(a)(11)(C)(42 U.S.C. 15404) 
        ``notice of'' prior to ``the change''.
    Sec. 623.  From the unobligated balances available in the 
Securities and Exchange Commission Reserve Fund established by section 
991 of the Dodd-Frank Wall Street Reform and Consumer Protection Act 
(Public Law 111-203), $25,000,000 are rescinded.
    Sec. 624.  The Department of the Treasury, the Executive Office of 
the President, the Judiciary, the Federal Communications Commission, 
the Federal Trade Commission, the General Services Administration, the 
National Archives and Records Administration, the Securities and 
Exchange Commission, and the Small Business Administration shall 
provide the Committees on Appropriations of the House and the Senate a 
quarterly accounting of the cumulative balances of any unobligated 
funds that were received by such agency during any previous fiscal 
year.
    Sec. 625. (a)(1) Notwithstanding any other provision of law, an 
Executive agency covered by this Act otherwise authorized to enter into 
contracts for either leases or the construction or alteration of real 
property for office, meeting, storage, or other space must consult with 
the General Services Administration before issuing a solicitation for 
offers of new leases or construction contracts, and in the case of 
succeeding leases, before entering into negotiations with the current 
lessor.
    (2) Any such agency with authority to enter into an emergency lease 
may do so during any period declared by the President to require 
emergency leasing authority with respect to such agency.
    (b) For purposes of this section, the term ``Executive agency 
covered by this Act'' means any Executive agency provided funds by this 
Act, but does not include the General Services Administration or the 
United States Postal Service.
    Sec. 626.  None of the funds made available in this Act may be used 
by the Federal Trade Commission to complete the draft report entitled 
``Interagency Working Group on Food Marketed to Children: Preliminary 
Proposed Nutrition Principles to Guide Industry Self-Regulatory 
Efforts'' unless the Interagency Working Group on Food Marketed to 
Children complies with Executive Order 13563.
    Sec. 627.  None of the funds made available by this Act may be used 
to pay the salaries and expenses for the following positions:
            (1) Director, White House Office of Health Reform.
            (2) Assistant to the President for Energy and Climate 
        Change.
            (3) Senior Advisor to the Secretary of the Treasury 
        assigned to the Presidential Task Force on the Auto Industry 
        and Senior Counselor for Manufacturing Policy.
            (4) White House Director of Urban Affairs.
    Sec. 628.  None of the funds made available in this Act may be used 
by the Federal Communications Commission to remove the conditions 
imposed on commercial terrestrial operations in the Order and 
Authorization adopted by the Commission on January 26, 2011 (DA 11-
133), or otherwise permit such operations, until the Commission has 
resolved concerns of potential widespread harmful interference by such 
commercial terrestrial operations to commercially available Global 
Positioning System devices.
    Sec. 629.  None of the funds made available by this Act may be 
expended for any new hire by any Federal agency funded in this Act that 
is not verified through the E-Verify Program established under section 
403(a) of the Illegal Immigration Reform and Immigrant Responsibility 
Act of 1996 (8 U.S.C. 1324a note).
    Sec. 630.  None of the funds made available by this Act may be used 
to enter into a contract, memorandum of understanding, or cooperative 
agreement with, make a grant to, or provide a loan or loan guarantee 
to, any corporation with respect to which any unpaid Federal tax 
liability has been assessed, for which all judicial and administrative 
remedies have been exhausted or have lapsed, and that is not being paid 
in a timely manner pursuant to an agreement with the authority 
responsible for collecting the tax liability, where the awarding agency 
is aware of the unpaid tax liability, unless the agency has considered 
suspension or debarment of the corporation and made a determination 
that this further action is not necessary to protect the interests of 
the Government.
    Sec. 631.  None of the funds made available by this Act may be used 
to enter into a contract, memorandum of understanding, or cooperative 
agreement with, make a grant to, or provide a loan or loan guarantee 
to, any corporation that was convicted or had an officer or agent of 
such corporation acting on behalf of the corporation convicted of a 
felony criminal violation under any Federal law within the preceding 24 
months, where the awarding agency is aware of the conviction, unless 
the agency has considered suspension or debarment of the corporation, 
or such officer or agent and made a determination that this further 
action is not necessary to protect the interests of the Government.
    Sec. 632.  During fiscal year 2012, for purposes of section 
908(b)(1) of the Trade Sanctions Reform and Export Enhancement Act of 
2000 (22 U.S.C. 7207(b)(1)), the term ``payment of cash in advance'' 
shall be interpreted as payment before the transfer of title to, and 
control of, the exported items to the Cuban purchaser.
    Sec. 633.  Section 8909a(d)(3)(A)(v) of title 5, United States 
Code, is amended by striking the date specified in such section and 
inserting ``August 1, 2012''.
    Sec. 634.  Any amendments made after January 19, 2009, to the 
regulations set forth in sections 515.560(a)(1), 515.560(c)(4)(i), 
515.561, and 515.570 of title 31, Code of Federal Regulations, are 
hereby repealed, and such regulations are restored and shall be carried 
out as in effect on such date, notwithstanding any guidelines, 
opinions, letters, Presidential directives, or agency practices 
relating to such regulations issued or carried out after such date:  
Provided, That any references in such section 515.561 to the 
regulations set forth in section 515.560(c) of such Code shall be 
considered to be references to such regulations as in effect on January 
19, 2009.

                               TITLE VII

                  GENERAL PROVISIONS--GOVERNMENT-WIDE

                Departments, Agencies, and Corporations

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

                          (transfer of funds)

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

                               TITLE VIII

                GENERAL PROVISIONS--DISTRICT OF COLUMBIA

                     (including transfer of funds)

    Sec. 801.  There are appropriated from the applicable funds of the 
District of Columbia such sums as may be necessary for making refunds 
and for the payment of legal settlements or judgments that have been 
entered against the District of Columbia government.
    Sec. 802.  None of the Federal funds provided in this Act shall be 
used for publicity or propaganda purposes or implementation of any 
policy including boycott designed to support or defeat legislation 
pending before Congress or any State legislature.
    Sec. 803. (a) None of the Federal funds provided under this Act to 
the agencies funded by this Act, both Federal and District government 
agencies, that remain available for obligation or expenditure in fiscal 
year 2012, or provided from any accounts in the Treasury of the United 
States derived by the collection of fees available to the agencies 
funded by this Act, shall be available for obligation or expenditures 
for an agency through a reprogramming of funds which--
            (1) creates new programs;
            (2) eliminates a program, project, or responsibility 
        center;
            (3) establishes or changes allocations specifically denied, 
        limited or increased under this Act;
            (4) increases funds or personnel by any means for any 
        program, project, or responsibility center for which funds have 
        been denied or restricted;
            (5) re-establishes any program or project previously 
        deferred through reprogramming;
            (6) augments any existing program, project, or 
        responsibility center through a reprogramming of funds in 
        excess of $3,000,000 or 10 percent, whichever is less; or
            (7) increases by 20 percent or more personnel assigned to a 
        specific program, project or responsibility center,
unless the Committees on Appropriations of the House of Representatives 
and the Senate are notified in writing 15 days in advance of the 
reprogramming.
    (b) The District of Columbia government is authorized to approve 
and execute reprogramming and transfer requests of local funds under 
this title through November 1, 2012.
    Sec. 804.  None of the Federal funds provided in this Act may be 
used by the District of Columbia to provide for salaries, expenses, or 
other costs associated with the offices of United States Senator or 
United States Representative under section 4(d) of the District of 
Columbia Statehood Constitutional Convention Initiatives of 1979 (D.C. 
Law 3-171; D.C. Official Code, sec. 1-123).
    Sec. 805.  Except as otherwise provided in this section, none of 
the funds made available by this Act or by any other Act may be used to 
provide any officer or employee of the District of Columbia with an 
official vehicle unless the officer or employee uses the vehicle only 
in the performance of the officer's or employee's official duties. For 
purposes of this section, the term ``official duties'' does not include 
travel between the officer's or employee's residence and workplace, 
except in the case of--
            (1) an officer or employee of the Metropolitan Police 
        Department who resides in the District of Columbia or a 
        District of Columbia government employee as may otherwise be 
        designated by the Chief of the Department;
            (2) at the discretion of the Fire Chief, an officer or 
        employee of the District of Columbia Fire and Emergency Medical 
        Services Department who resides in the District of Columbia and 
        is on call 24 hours a day or is otherwise designated by the 
        Fire Chief;
            (3) at the discretion of the Director of the Department of 
        Corrections, an officer or employee of the District of Columbia 
        Department of Corrections who resides in the District of 
        Columbia and is on call 24 hours a day or is otherwise 
        designated by the Director;
            (4) the Mayor of the District of Columbia; and
            (5) the Chairman of the Council of the District of 
        Columbia.
    Sec. 806. (a) None of the Federal funds contained in this Act may 
be used by the District of Columbia Attorney General or any other 
officer or entity of the District government to provide assistance for 
any petition drive or civil action which seeks to require Congress to 
provide for voting representation in Congress for the District of 
Columbia.
    (b) Nothing in this section bars the District of Columbia Attorney 
General from reviewing or commenting on briefs in private lawsuits, or 
from consulting with officials of the District government regarding 
such lawsuits.
    Sec. 807.  None of the Federal funds contained in this Act may be 
used to distribute any needle or syringe for the purpose of preventing 
the spread of blood borne pathogens in any location that has been 
determined by the local public health or local law enforcement 
authorities to be inappropriate for such distribution.
    Sec. 808.  Nothing in this Act may be construed to prevent the 
Council or Mayor of the District of Columbia from addressing the issue 
of the provision of contraceptive coverage by health insurance plans, 
but it is the intent of Congress that any legislation enacted on such 
issue should include a ``conscience clause'' which provides exceptions 
for religious beliefs and moral convictions.
    Sec. 809.  Hereafter, as part of the submission of the annual 
budget justification, the Mayor of the District of Columbia shall 
submit to the Committees on Appropriations of the House of 
Representatives and the Senate, the Committee on Oversight and 
Government Reform of the House of Representatives, and the Committee on 
Homeland Security and Governmental Affairs of the Senate a report 
addressing--
            (1) crime, including the homicide rate, implementation of 
        community policing, and the number of police officers on local 
        beats;
            (2) access to substance and alcohol abuse treatment, 
        including the number of treatment slots, the number of people 
        served, the number of people on waiting lists, and the 
        effectiveness of treatment programs, the retention rates in 
        treatment programs, and the recidivism/re-arrest rates for 
        treatment participants;
            (3) education, including access to special education 
        services and student achievement to be provided in consultation 
        with the District of Columbia Public Schools, repeated grade 
        rates, high school graduation rates, and post-secondary 
        education attendance rates;
            (4) improvement in basic District services, including rat 
        control and abatement; and
            (5) application for and management of Federal grants, 
        including the number and type of grants for which the District 
        was eligible but failed to apply and the number and type of 
        grants awarded to the District but for which the District 
        failed to spend the amounts received.
    Sec. 810.  None of the Federal funds contained in this Act may be 
used to enact or carry out any law, rule, or regulation to legalize or 
otherwise reduce penalties associated with the possession, use, or 
distribution of any schedule I substance under the Controlled 
Substances Act (21 U.S.C. 801 et seq.) or any tetrahydrocannabinols 
derivative.
    Sec. 811.  None of the funds appropriated under this Act shall be 
expended for any abortion except where the life of the mother would be 
endangered if the fetus were carried to term or where the pregnancy is 
the result of an act of rape or incest.
    Sec. 812. (a) No later than 30 calendar days after the date of the 
enactment of this Act, the Chief Financial Officer for the District of 
Columbia shall submit to the appropriate committees of Congress, the 
Mayor, and the Council of the District of Columbia, a revised 
appropriated funds operating budget in the format of the budget that 
the District of Columbia government submitted pursuant to section 442 
of the District of Columbia Home Rule Act (D.C. Official Code, sec. 1-
204.42), for all agencies of the District of Columbia government for 
fiscal year 2012 that is in the total amount of the approved 
appropriation and that realigns all budgeted data for personal services 
and other-than-personal services, respectively, with anticipated actual 
expenditures.
    (b) This section shall apply only to an agency for which the Chief 
Financial Officer for the District of Columbia certifies that a 
reallocation is required to address unanticipated changes in program 
requirements.
    Sec. 813.  No later than 30 calendar days after the date of the 
enactment of this Act, the Chief Financial Officer for the District of 
Columbia shall submit to the appropriate committees of Congress, the 
Mayor, and the Council for the District of Columbia, a revised 
appropriated funds operating budget for the District of Columbia Public 
Schools that aligns schools budgets to actual enrollment. The revised 
appropriated funds budget shall be in the format of the budget that the 
District of Columbia government submitted pursuant to section 442 of 
the District of Columbia Home Rule Act (D.C. Official Code, Sec. 1-
204.42).
    Sec. 814.  Amounts appropriated in this Act as operating funds may 
be transferred to the District of Columbia's enterprise and capital 
funds and such amounts, once transferred, shall retain appropriation 
authority consistent with the provisions of this Act.
    Sec. 815.  Notwithstanding any other laws, for this and succeeding 
fiscal years, the Director of the District of Columbia Public Defender 
Service shall, to the extent the Director considers appropriate, 
provide representation for and hold harmless, or provide liability 
insurance for, any person who is an employee, member of the Board of 
Trustees, or officer of the District of Columbia Public Defender 
Service for money damages arising out of any claim, proceeding, or case 
at law relating to the furnishing of representational services or 
management services or related services while acting within the scope 
of that person's office or employment, including, but not limited to 
such claims, proceedings, or cases at law involving employment actions, 
injury, loss of liberty, property damage, loss of property, or personal 
injury, or death arising from malpractice or negligence of any such 
officer or employee.
    Sec. 816.  Section 346 of the District of Columbia Appropriations 
Act, 2005 (Public Law 108-335) is amended--
            (1) in the title, by striking ``Biennial'';
            (2) in subsection (a), by striking ``Biennial management'' 
        and inserting ``Management'';
            (3) in subsection (a), by striking ``States.'' and 
        inserting ``States every five years.''; and
            (4) in subsection (b)(6), by striking ``2'' and inserting 
        ``5''.
    Sec. 817.  Except as expressly provided otherwise, any reference to 
``this Act'' contained in this title or in title IV shall be treated as 
referring only to the provisions of this title or of title IV.
    This division may be cited as the ``Financial Services and General 
Government Appropriations Act, 2012''.

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

            TITLE I--DEPARTMENTAL MANAGEMENT AND OPERATIONS

    

            Office of the Secretary and Executive Management

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

              Office of the Under Secretary for Management

    For necessary expenses of the Office of the Under Secretary for 
Management, as authorized by sections 701 through 705 of the Homeland 
Security Act of 2002 (6 U.S.C. 341 through 345), $235,587,000, of which 
not to exceed $2,500 shall be for official reception and representation 
expenses:  Provided, That of the total amount made available under this 
heading, $5,000,000 shall remain available until September 30, 2016, 
solely for the alteration and improvement of facilities, tenant 
improvements, and relocation costs to consolidate Department 
headquarters operations at the Nebraska Avenue Complex; and $14,172,000 
shall remain available until September 30, 2014, for the Human 
Resources Information Technology program:  Provided further, That the 
Under Secretary for Management shall, pursuant to the requirements 
contained in the explanatory statement described in section 4 (in the 
matter preceding division A of this consolidated Act), provide to the 
Committees on Appropriations of the Senate and the House of 
Representatives a Comprehensive Acquisition Status Report with the 
President's budget for fiscal year 2013 as submitted under section 
1105(a) of title 31, United States Code, and quarterly updates to such 
report not later than 30 days after the completion of each quarter.

                 Office of the Chief Financial Officer

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

                Office of the Chief Information Officer

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

                        Analysis and Operations

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

                      Office of Inspector General

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

                                TITLE II

               SECURITY, ENFORCEMENT, AND INVESTIGATIONS

                   U.S. Customs and Border Protection

                         salaries and expenses

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

                        automation modernization

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

        border security fencing, infrastructure, and technology

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

 air and marine interdiction, operations, maintenance, and procurement

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

                 construction and facilities management

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

                U.S. Immigration and Customs Enforcement

                         salaries and expenses

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

                        automation modernization

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

                 Transportation Security Administration

                           aviation security

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

                    surface transportation security

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

           transportation threat assessment and credentialing

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

                    transportation security support

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

                          federal air marshals

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

                              Coast Guard

                           operating expenses

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

                environmental compliance and restoration

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

                            reserve training

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

              acquisition, construction, and improvements

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

              research, development, test, and evaluation

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

                              retired pay

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

                      United States Secret Service

                         salaries and expenses

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

     acquisition, construction, improvements, and related expenses

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

                               TITLE III

            PROTECTION, PREPAREDNESS, RESPONSE, AND RECOVERY

              National Protection and Programs Directorate

                     management and administration

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

           infrastructure protection and information security

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

                       federal protective service

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

    united states visitor and immigrant status indicator technology

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

                        Office of Health Affairs

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

                  Federal Emergency Management Agency

                         salaries and expenses

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

                        state and local programs

                     (including transfer of funds)

    For grants, contracts, cooperative agreements, and other 
activities, $1,349,681,000, which shall be distributed, according to 
threat, vulnerability, and consequence, at the discretion of the 
Secretary of Homeland Security based on the following authorities:
            (1) The State Homeland Security Grant Program under section 
        2004 of the Homeland Security Act of 2002 (6 U.S.C. 605):  
        Provided, That notwithstanding subsection (c)(4) of such 
        section 2004, for fiscal year 2012, the Commonwealth of Puerto 
        Rico shall make available to local and tribal governments 
        amounts provided to the Commonwealth of Puerto Rico under this 
        paragraph in accordance with subsection (c)(1) of such section 
        2004.
            (2) The Urban Area Security Initiative under section 2003 
        of the Homeland Security Act of 2002 (6 U.S.C. 604).
            (3) The Metropolitan Medical Response System under section 
        635 of the Post-Katrina Emergency Management Reform Act of 2006 
        (6 U.S.C. 723).
            (4) The Citizen Corps Program.
            (5) Public Transportation Security Assistance and Railroad 
        Security Assistance, under sections 1406 and 1513 of the 
        Implementing Recommendations of the 9/11 Commission Act of 2007 
        (6 U.S.C. 1135 and 1163), including Amtrak security:  Provided, 
        That such public transportation security assistance shall be 
        provided directly to public transportation agencies.
            (6) Over-the-Road Bus Security Assistance under section 
        1532 of the Implementing Recommendations of the 9/11 Commission 
        Act of 2007 (6 U.S.C. 1182).
            (7) Port Security Grants in accordance with 46 U.S.C. 
        70107.
            (8) The Driver's License Security Grants Program in 
        accordance with section 204 of the REAL ID Act of 2005 (49 
        U.S.C. 30301 note).
            (9) The Interoperable Emergency Communications Grant 
        Program under section 1809 of the Homeland Security Act of 2002 
        (6 U.S.C. 579).
            (10) Emergency Operations Centers under section 614 of the 
        Robert T. Stafford Disaster Relief and Emergency Assistance Act 
        (42 U.S.C. 5196c).
            (11) Buffer Zone Protection Program Grants.
            (12) Organizations (as described under section 501(c)(3) of 
        the Internal Revenue Code of 1986 and exempt from tax section 
        501(a) of such code) determined by the Secretary to be at high 
        risk of a terrorist attack:
  Provided, That of the amount provided under this heading, $50,000,000 
shall be for Operation Stonegarden and no less than $100,000,000 shall 
be for areas at the highest threat of a terrorist attack:  Provided 
further, That $231,681,000 shall be for training, exercises, technical 
assistance, and other programs, of which $155,500,000 shall be for 
training of State, local, and tribal emergency response providers:  
Provided further, That for grants under paragraphs (1) through (12), 
applications for grants shall be made available to eligible applicants 
not later than 60 days after the date of enactment of this Act, that 
eligible applicants shall submit applications not later than 80 days 
after the grant announcement, and the Administrator of the Federal 
Emergency Management Agency shall act within 65 days after the receipt 
of an application:  Provided further, That notwithstanding section 
2008(a)(11) of the Homeland Security Act of 2002 (6 U.S.C. 609(a)(11)), 
or any other provision of law, a grantee may use not more than 5 
percent of the amount of a grant made available under this heading for 
expenses directly related to administration of the grant:  Provided 
further, That 6.8 percent of the amounts provided under this heading 
shall be transferred to the Federal Emergency Management Agency 
``Salaries and Expenses'' account for program administration:  Provided 
further, That for grants under paragraphs (1) and (2), the installation 
of communication towers is not considered construction of a building or 
other physical facility:  Provided further, That grantees shall provide 
reports on their use of funds, as determined necessary by the Secretary 
of Homeland Security:  Provided further, That in fiscal year 2012: (a) 
the Center for Domestic Preparedness may provide training to emergency 
response providers from the Federal Government, foreign governments, or 
private entities, if the Center for Domestic Preparedness is reimbursed 
for the cost of such training, and any reimbursement under this 
subsection shall be credited to the account from which the expenditure 
being reimbursed was made and shall be available, without fiscal year 
limitation, for the purposes for which amounts in the account may be 
expended; (b) the head of the Center for Domestic Preparedness shall 
ensure that any training provided under (a) does not interfere with the 
primary mission of the Center to train state and local emergency 
response providers; and (c) subject to (b), nothing in (a) prohibits 
the Center for Domestic Preparedness from providing training to 
employees of the Federal Emergency Management Agency in existing 
chemical, biological, radiological, nuclear, explosives, mass casualty, 
and medical surge courses pursuant to 5 U.S.C. 4103 without 
reimbursement for the cost of such training.

                     firefighter assistance grants

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

                emergency management performance grants

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

              radiological emergency preparedness program

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

                   united states fire administration

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

                          disaster relief fund

                     (including transfer of funds)

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

            disaster assistance direct loan program account

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

             flood hazard mapping and risk analysis program

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

                     national flood insurance fund

    For activities under the National Flood Insurance Act of 1968 (42 
U.S.C. 4001 et seq.) and the Flood Disaster Protection Act of 1973 (42 
U.S.C. 4001 et seq.), $171,000,000, which shall be derived from 
offsetting collections assessed and collected under section 1308(d) of 
the National Flood Insurance Act of 1968 (42 U.S.C. 4015(d)); of which 
not to exceed $22,000,000 shall be available for salaries and expenses 
associated with flood mitigation and flood insurance operations; and 
not less than $149,000,000 shall be available for flood plain 
management and flood mapping, which shall remain available until 
September 30, 2013:  Provided, That any additional fees collected 
pursuant to section 1308(d) of the National Flood Insurance Act of 1968 
(42 U.S.C. 4015(d)) shall be credited as an offsetting collection to 
this account, to be available for flood plain management and flood 
mapping:  Provided further, That in fiscal year 2012, no funds shall be 
available from the National Flood Insurance Fund under section 1310 of 
that Act (42 U.S.C. 4017) in excess of:
            (1) $132,000,000 for operating expenses;
            (2) $1,007,571,000 for commissions and taxes of agents;
            (3) such sums as are necessary for interest on Treasury 
        borrowings; and
            (4) $60,000,000, which shall remain available until 
        expended for flood mitigation actions; of which not less than 
        $10,000,000 is for severe repetitive loss properties under 
        section 1361A of the National Flood Insurance Act of 1968 (42 
        U.S.C. 4102a); of which $10,000,000 shall be for repetitive 
        insurance claims properties under section 1323 of the National 
        Flood Insurance Act of 1968 (42 U.S.C. 4030); and of which 
        $40,000,000 shall be for flood mitigation assistance under 
        section 1366 of the National Flood Insurance Act of 1968 (42 
        U.S.C. 4104c), notwithstanding subparagraphs (B) and (C) of 
        subsection (b)(3) and subsection (f) of section 1366 of the 
        National Flood Insurance Act of 1968 (42 U.S.C. 4104c) and 
        notwithstanding subsection (a)(7) of section 1310 of the 
        National Flood Insurance Act of 1968 (42 U.S.C. 4017):
  Provided further, That the amounts collected under section 102 of the 
Flood Disaster Protection Act of 1973 (42 U.S.C. 4012a) and section 
1366(i) of the National Flood Insurance Act of 1968 shall be deposited 
in the National Flood Insurance Fund to supplement other amounts 
specified as available for section 1366 of the National Flood Insurance 
Act of 1968, notwithstanding subsection (f)(8) of such section 102 (42 
U.S.C. 4012a(f)(8)) and subsection 1366(i) and paragraphs (2) and (3) 
of section 1367(b) of the National Flood Insurance Act of 1968 (42 
U.S.C. 4104c(i), 4104d(b)(2)-(3)):  Provided further, That total 
administrative costs shall not exceed 4 percent of the total 
appropriation.

                  national predisaster mitigation fund

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

                       emergency food and shelter

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

                                TITLE IV

            RESEARCH AND DEVELOPMENT, TRAINING, AND SERVICES

           United States Citizenship and Immigration Services

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

                Federal Law Enforcement Training Center

                         salaries and expenses

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

     acquisitions, construction, improvements, and related expenses

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

                         Science and Technology

                     management and administration

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

           research, development, acquisition, and operations

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

                   Domestic Nuclear Detection Office

                     management and administration

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

                 research, development, and operations

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

                          systems acquisition

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

                                TITLE V

                           GENERAL PROVISIONS

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

                             (rescissions)

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

                             (rescissions)

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

                             (rescissions)

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

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

                  TITLE I--DEPARTMENT OF THE INTERIOR

    

                       Bureau of Land Management

                   management of lands and resources

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

                              construction

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

                            land acquisition

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

                   oregon and california grant lands

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

                           range improvements

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

               service charges, deposits, and forfeitures

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

                       miscellaneous trust funds

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

                       administrative provisions

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

                United States Fish and Wildlife Service

                          resource management

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

                              construction

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

                            land acquisition

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

            cooperative endangered species conservation fund

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

                     national wildlife refuge fund

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

               north american wetlands conservation fund

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

                neotropical migratory bird conservation

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

                multinational species conservation fund

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

                    state and tribal wildlife grants

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

                       administrative provisions

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

                         National Park Service

                 operation of the national park system

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

                  national recreation and preservation

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

                       historic preservation fund

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

                              construction

                    (including rescission of funds)

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

                    land and water conservation fund

                              (rescission)

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

                 land acquisition and state assistance

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

                       administrative provisions

                     (including transfer of funds)

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

                    United States Geological Survey

                 surveys, investigations, and research

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

                       administrative provisions

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

                   Bureau of Ocean Energy Management

                        ocean energy management

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

             Bureau of Safety and Environmental Enforcement

             offshore safety and environmental enforcement

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

                           oil spill research

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

          Office of Surface Mining Reclamation and Enforcement

                       regulation and technology

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

                    abandoned mine reclamation fund

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

                        administrative provision

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

        Bureau of Indian Affairs and Bureau of Indian Education

                      operation of indian programs

                     (including transfer of funds)

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

                              construction

                     (including transfer of funds)

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

 indian land and water claim settlements and miscellaneous payments to 
                                indians

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

                 indian guaranteed loan program account

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

                       administrative provisions

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

                          Departmental Offices

                        Office of the Secretary

                        departmental operations

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

                            Insular Affairs

                       assistance to territories

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

                      compact of free association

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

                       Administrative Provisions

                     (including transfer of funds)

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

                        Office of the Solicitor

                         salaries and expenses

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

                      Office of Inspector General

                         salaries and expenses

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

           Office of the Special Trustee for American Indians

                         federal trust programs

                     (including transfer of funds)

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

                        Department-wide Programs

                        wildland fire management

             (including transfers and rescission of funds)

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

                flame wildfire suppression reserve fund

                     (including transfer of funds)

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

                    central hazardous materials fund

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

           natural resource damage assessment and restoration

                natural resource damage assessment fund

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

                          working capital fund

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

                        administrative provision

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

             General Provisions, Department of the Interior

                     (including transfers of funds)

               emergency transfer authority--intra-bureau

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

             emergency transfer authority--department-wide

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

                        authorized use of funds

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

            authorized use of funds, indian trust management

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

           redistribution of funds, bureau of indian affairs

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

                            payment of fees

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

                    everglades ecosystem restoration

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

                 ellis, governors, and liberty islands

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

                outer continental shelf inspection fees

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

                  oil and gas leasing internet program

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

                         indian probate judges

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

     bureau of ocean energy management, regulation and enforcement 
                             reorganization

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

                authorized use of indian education funds

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

  contracts and agreements for wild horse and burro holding facilities

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

              bureau of indian education operated schools

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

                        authorized use of funds

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

                       mass marking of salmonids

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

                      prohibition on use of funds

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

                    yukon-charley national preserve

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

                           republic of palau

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

                           hiring authorities

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

  bureau of land management actions regarding grazing on public lands

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

                  trailing livestock over public land

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

                           lease authorization

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

                     wild lands funding prohibition

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

               TITLE II--ENVIRONMENTAL PROTECTION AGENCY

    

                         Science and Technology

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

                 Environmental Programs and Management

    For environmental programs and management, including necessary 
expenses, not otherwise provided for, for personnel and related costs 
and travel expenses; hire of passenger motor vehicles; hire, 
maintenance, and operation of aircraft; purchase of reprints; library 
memberships in societies or associations which issue publications to 
members only or at a price to members lower than to subscribers who are 
not members; administrative costs of the brownfields program under the 
Small Business Liability Relief and Brownfields Revitalization Act of 
2002; and not to exceed $19,000 for official reception and 
representation expenses, $2,682,514,000, to remain available until 
September 30, 2013:  Provided, That of the funds included under this 
heading, not less than $410,375,000 shall be for Geographic Programs 
specified in the explanatory statement described in section 4 (in the 
matter preceding division A of this consolidated Act).

                      Office of Inspector General

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

                        Buildings and Facilities

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

                     Hazardous Substance Superfund

                     (including transfers of funds)

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

          Leaking Underground Storage Tank Trust Fund Program

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

                       Inland Oil Spill Programs

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

                   State and Tribal Assistance Grants

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

       Administrative Provisions--Environmental Protection Agency

              (including transfer and rescission of funds)

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

                      TITLE III--RELATED AGENCIES

    

                       DEPARTMENT OF AGRICULTURE

                             Forest Service

                     forest and rangeland research

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

                       state and private forestry

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

                         national forest system

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

                  capital improvement and maintenance

                     (including transfer of funds)

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

                            land acquisition

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

         acquisition of lands for national forests special acts

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

            acquisition of lands to complete land exchanges

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

                         range betterment fund

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

    gifts, donations and bequests for forest and rangeland research

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

        management of national forest lands for subsistence uses

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

                        wildland fire management

                     (including transfers of funds)

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

                Flame Wildfire Suppression Reserve Fund

                     (including transfers of funds)

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

               administrative provisions--forest service

                     (including transfers of funds)

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

                DEPARTMENT OF HEALTH AND HUMAN SERVICES

                         Indian Health Service

                         indian health services

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

                        indian health facilities

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

            administrative provisions--indian health service

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

                     National Institutes of Health

          national institute of environmental health sciences

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

            Agency for Toxic Substances and Disease Registry

            toxic substances and environmental public health

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

                         OTHER RELATED AGENCIES

                   Executive Office of the President

  council on environmental quality and office of environmental quality

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

             Chemical Safety and Hazard Investigation Board

                         salaries and expenses

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

              Office of Navajo and Hopi Indian Relocation

                         salaries and expenses

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

    Institute of American Indian and Alaska Native Culture and Arts 
                              Development

                        payment to the institute

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

                        Smithsonian Institution

                         salaries and expenses

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

                           facilities capital

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

                        National Gallery of Art

                         salaries and expenses

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

            repair, restoration, and renovation of buildings

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

             John F. Kennedy Center for the Performing Arts

                       operations and maintenance

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

                     capital repair and restoration

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

            Woodrow Wilson International Center for Scholars

                         salaries and expenses

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

           National Foundation on the Arts and the Humanities

                    National Endowment for the Arts

                       grants and administration

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

                 National Endowment for the Humanities

                       grants and administration

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

                       Administrative Provisions

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

                        Commission of Fine Arts

                         salaries and expenses

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

               National Capital Arts and Cultural Affairs

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

                        administrative provision

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

               Advisory Council on Historic Preservation

                         salaries and expenses

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

                  National Capital Planning Commission

                         salaries and expenses

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

                United States Holocaust Memorial Museum

                       holocaust memorial museum

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

                             Presidio Trust

                          presidio trust fund

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

                Dwight D. Eisenhower Memorial Commission

                         salaries and expenses

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

                          capital construction

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

                      TITLE IV--GENERAL PROVISIONS

    

                     (including transfers of funds)

                   limitation on consulting services

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

                      restriction on use of funds

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

                      obligation of appropriations

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

           prohibition on use of funds for personal services

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

                 disclosure of administrative expenses

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

                             giant sequoia

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

                          mining applications

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

                         contract support costs

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

                        forest management plans

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

                 prohibition within national monuments

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

     amendments to the temporary emergency wildfire suppression act

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

``SECTION 1. SHORT TITLE.

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

``SEC. 2. DEFINITIONS.

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

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

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

                        contracting authorities

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

                         limitation on takings

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

                        timber sale requirements

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

                      extension of grazing permits

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

                    prohibition on no-bid contracts

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

                           posting of reports

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

            national endowment for the arts grant guidelines

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

           national endowment for the arts program priorities

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

                     use of competitive grant funds

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

          forest service facility realignment and enhancement

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

                             service first

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

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

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

                  status of balances of appropriations

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

                 report on use of climate change funds

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

                      prohibition on use of funds

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

                 greenhouse gas reporting restrictions

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

            forest service pre-decisional objection process

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

                        silvicultural activities

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

                    claim maintenance fee amendments

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

                       domestic livestock grazing

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

         air emissions from outer continental shelf activities

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

                           funding prohibition

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

             limitation with respect to delinquent tax debts

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

                 alaska native regional health entities

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

                           general reduction

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

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

                                TITLE I

                          DEPARTMENT OF LABOR

                 Employment and Training Administration

                    training and employment services

                     (including transfer of funds)

    For necessary expenses of the Workforce Investment Act of 1998 
(referred to in this Act as ``WIA''), the Second Chance Act of 2007, 
and the Women in Apprenticeship and Non-Traditional Occupations Act of 
1992 (``WANTO''), including the purchase and hire of passenger motor 
vehicles, the construction, alteration, and repair of buildings and 
other facilities, and the purchase of real property for training 
centers as authorized by the WIA, $3,195,383,000, plus reimbursements, 
shall be available. Of the amounts provided:
            (1) for grants to States for adult employment and training 
        activities, youth activities, and dislocated worker employment 
        and training activities, $2,605,268,000 as follows:
                    (A) $770,922,000 for adult employment and training 
                activities, of which $58,922,000 shall be available for 
                the period July 1, 2012, through June 30, 2013, and of 
                which $712,000,000 shall be available for the period 
                October 1, 2012 through June 30, 2013;
                    (B) $825,914,000 for youth activities, which shall 
                be available for the period April 1, 2012 through June 
                30, 2013; and
                    (C) $1,008,432,000 for dislocated worker employment 
                and training activities, of which $148,432,000 shall be 
                available for the period July 1, 2012 through June 30, 
                2013, and of which $860,000,000 shall be available for 
                the period October 1, 2012 through June 30, 2013:
          Provided, That notwithstanding the transfer limitation under 
        section 133(b)(4) of the WIA, up to 30 percent of such funds 
        may be transferred by a local board if approved by the 
        Governor:  Provided further, That a local board may award a 
        contract to an institution of higher education or other 
        eligible training provider if the local board determines that 
        it would facilitate the training of multiple individuals in 
        high-demand occupations, if such contract does not limit 
        customer choice:  Provided further, That notwithstanding 
        section 128(a)(1) of the WIA, the amount available to the 
        Governor for statewide workforce investment activities shall 
        not exceed 5 percent of the amount allotted to the State from 
        each of the appropriations under the preceding subparagraphs;
            (2) for federally administered programs, $487,053,000 as 
        follows:
                    (A) $224,112,000 for the dislocated workers 
                assistance national reserve, of which $24,112,000 shall 
                be available for the period July 1, 2012 through June 
                30, 2013, and of which $200,000,000 shall be available 
                for the period October 1, 2012 through June 30, 2013:  
                Provided, That funds provided to carry out section 
                132(a)(2)(A) of the WIA may be used to provide 
                assistance to a State for statewide or local use in 
                order to address cases where there have been worker 
                dislocations across multiple sectors or across multiple 
                local areas and such workers remain dislocated; 
                coordinate the State workforce development plan with 
                emerging economic development needs; and train such 
                eligible dislocated workers:  Provided further, That 
                funds provided to carry out section 171(d) of the WIA 
                may be used for demonstration projects that provide 
                assistance to new entrants in the workforce and 
                incumbent workers:  Provided further, That none of the 
                funds shall be obligated to carry out section 173(e) of 
                the WIA;
                    (B) $47,652,000 for Native American programs, which 
                shall be available for the period July 1, 2012 through 
                June 30, 2013;
                    (C) $84,451,000 for migrant and seasonal farmworker 
                programs under section 167 of the WIA, including 
                $78,253,000 for formula grants (of which not less than 
                70 percent shall be for employment and training 
                services), $5,689,000 for migrant and seasonal housing 
                (of which not less than 70 percent shall be for 
                permanent housing), and $509,000 for other 
                discretionary purposes, which shall be available for 
                the period July 1, 2012 through June 30, 2013:  
                Provided, That notwithstanding any other provision of 
                law or related regulation, the Department of Labor 
                shall take no action limiting the number or proportion 
                of eligible participants receiving related assistance 
                services or discouraging grantees from providing such 
                services;
                    (D) $998,000 for carrying out the WANTO, which 
                shall be available for the period July 1, 2012 through 
                June 30, 2013; and
                    (E) $79,840,000 for YouthBuild activities as 
                described in section 173A of the WIA, which shall be 
                available for the period April 1, 2012 through June 30, 
                2013; and
                    (F) $50,000,000 to be available to the Secretary of 
                Labor (referred to in this title as ``Secretary'') for 
                the Workforce Innovation Fund to carry out projects 
                that demonstrate innovative strategies or replicate 
                effective evidence-based strategies that align and 
                strengthen the workforce investment system in order to 
                improve program delivery and education and employment 
                outcomes for beneficiaries, which shall be for the 
                period July 1, 2012 through September 30, 2013:  
                Provided, That amounts shall be available for awards to 
                States or State agencies that are eligible for 
                assistance under any program authorized under the WIA, 
                consortia of States, or partnerships, including 
                regional partnerships:  Provided further, That not more 
                than 5 percent of the funds available for workforce 
                innovation activities shall be for technical assistance 
                and evaluations related to the projects carried out 
                with these funds;
            (3) for national activities, $103,062,000, as follows:
                    (A) $6,616,000, in addition to any amounts 
                available under paragraph (2), for Pilots, 
                Demonstrations, and Research, which shall be available 
                for the period April 1, 2012 through June 30, 2013:  
                Provided, That funds made available by Public Law 112-
                10 that were designated for grants to address the 
                employment and training needs of young parents may be 
                used for other pilots, demonstrations, and research 
                activities and for implementation activities related to 
                the VOW to Hire Heroes Act of 2011 and may be 
                transferred to ``State Unemployment Insurance and 
                Employment Service Operations'' to carry out such 
                implementation activities;
                    (B) $80,390,000 for ex-offender activities, under 
                the authority of section 171 of the WIA and section 212 
                of the Second Chance Act of 2007, which shall be 
                available for the period April 1, 2012 through June 30, 
                2013, notwithstanding the requirements of section 
                171(b)(2)(B) or 171(c)(4)(D) of the WIA:  Provided, 
                That of this amount, $20,000,000 shall be for 
                competitive grants to national and regional 
                intermediaries for activities that prepare young ex-
                offenders and school dropouts for employment, with a 
                priority for projects serving high-crime, high-poverty 
                areas;
                    (C) $9,581,000 for Evaluation, which shall be 
                available for the period July 1, 2012 through June 30, 
                2013; and
                    (D) $6,475,000 for the Workforce Data Quality 
                Initiative, under the authority of section 171(c)(2) of 
                the WIA, which shall be available for the period July 
                1, 2012 through June 30, 2013, and which shall not be 
                subject to the requirements of section 171(c)(4)(D).

                          office of jobs corps

    To carry out subtitle C of title I of the WIA, including Federal 
administrative expenses, the purchase and hire of passenger motor 
vehicles, the construction, alteration, and repairs of buildings and 
other facilities, and the purchase of real property for training 
centers as authorized by the WIA, $1,706,171,000, plus reimbursements, 
as follows:
            (1) $1,572,049,000 for Job Corps Operations, which shall be 
        available for the period July 1, 2012 through June 30, 2013;
            (2) $104,990,000 for construction, rehabilitation and 
        acquisition of Job Corps Centers, which shall be available for 
        the period July 1, 2012 through June 30, 2015:  Provided, That 
        the Secretary may transfer up to 15 percent of such funds to 
        meet the operational needs of such centers or to achieve 
        administrative efficiencies:  Provided further, That any funds 
        transferred pursuant to the preceding proviso shall not be 
        available for obligation after June 30, 2013; and
            (3) $29,132,000 for necessary expenses of the Office of Job 
        Corps, which shall be available for obligation for the period 
        October 1, 2011 through September 30, 2012:
   Provided further, That no funds from any other appropriation shall 
be used to provide meal services at or for Job Corps centers.

            community service employment for older americans

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

              federal unemployment benefits and allowances

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

     state unemployment insurance and employment service operations

    For authorized administrative expenses, $86,231,000, together with 
not to exceed $3,958,441,000 which may be expended from the Employment 
Security Administration Account in the Unemployment Trust Fund (``the 
Trust Fund''), of which:
            (1) $3,181,154,000 from the Trust Fund is for grants to 
        States for the administration of State unemployment insurance 
        laws as authorized under title III of the Social Security Act 
        (including not less than $10,000,000 to conduct in-person 
        reemployment and eligibility assessments and unemployment 
        insurance improper payment reviews), the administration of 
        unemployment insurance for Federal employees and for ex-service 
        members as authorized under 5 U.S.C. 8501-8523, and the 
        administration of trade readjustment allowances, reemployment 
        trade adjustment assistance, and alternative trade adjustment 
        assistance under the Trade Act of 1974 and under section 231(a) 
        of the Trade Adjustment Assistance Extension Act of 2011, and 
        shall be available for obligation by the States through 
        December 31, 2012, except that funds used for automation 
        acquisitions or competitive grants awarded to States for 
        improved operations, or reemployment and eligibility 
        assessments and improper payments shall be available for 
        obligation by the States through September 30, 2014, and funds 
        used for unemployment insurance workloads experienced by the 
        States through September 30, 2012 shall be available for 
        Federal obligation through December 31, 2012;
            (2) $11,287,000 from the Trust Fund is for national 
        activities necessary to support the administration of the 
        Federal-State unemployment insurance system;
            (3) $679,531,000 from the Trust Fund, together with 
        $22,638,000 from the General Fund of the Treasury, is for 
        grants to States in accordance with section 6 of the Wagner-
        Peyser Act, and shall be available for Federal obligation for 
        the period July 1, 2012 through June 30, 2013;
            (4) $20,952,000 from the Trust Fund is for national 
        activities of the Employment Service, including administration 
        of the work opportunity tax credit under section 51 of the 
        Internal Revenue Code of 1986, and the provision of technical 
        assistance and staff training under the Wagner-Peyser Act, 
        including not to exceed $1,228,000 that may be used for 
        amortization payments to States which had independent 
        retirement plans in their State employment service agencies 
        prior to 1980;
            (5) $65,517,000 from the Trust Fund is for the 
        administration of foreign labor certifications and related 
        activities under the Immigration and Nationality Act and 
        related laws, of which $50,418,000 shall be available for the 
        Federal administration of such activities, and $15,099,000 
        shall be available for grants to States for the administration 
        of such activities; and
            (6) $63,593,000 from the General Fund is to provide 
        workforce information, national electronic tools, and one-stop 
        system building under the Wagner-Peyser Act and section 171 
        (e)(2)(C) of the WIA and shall be available for Federal 
        obligation for the period July 1, 2012 through June 30, 2013:
  Provided, That to the extent that the Average Weekly Insured 
Unemployment (``AWIU'') for fiscal year 2012 is projected by the 
Department of Labor to exceed 4,832,000, an additional $28,600,000 from 
the Trust Fund shall be available for obligation for every 100,000 
increase in the AWIU level (including a pro rata amount for any 
increment less than 100,000) to carry out title III of the Social 
Security Act:  Provided further, That funds appropriated in this Act 
that are allotted to a State to carry out activities under title III of 
the Social Security Act may be used by such State to assist other 
States in carrying out activities under such title III if the other 
States include areas that have suffered a major disaster declared by 
the President under the Robert T. Stafford Disaster Relief and 
Emergency Assistance Act:  Provided further, That the Secretary may use 
funds appropriated for grants to States under title III of the Social 
Security Act to make payments on behalf of States for the use of the 
National Directory of New Hires under section 453(j)(8) of such Act:  
Provided further, That funds appropriated in this Act which are used to 
establish a national one-stop career center system, or which are used 
to support the national activities of the Federal-State unemployment 
insurance or immigration programs, may be obligated in contracts, 
grants, or agreements with non-State entities:  Provided further, That 
funds appropriated under this Act for activities authorized under title 
III of the Social Security Act and the Wagner-Peyser Act may be used by 
States to fund integrated Unemployment Insurance and Employment Service 
automation efforts, notwithstanding cost allocation principles 
prescribed under the Office of Management and Budget Circular A-87:  
Provided further, That the Secretary, at the request of a State 
participating in a consortium with other States, may reallot funds 
allotted to such State under title III of the Social Security Act to 
other States participating in the consortium in order to carry out 
activities that benefit the administration of the unemployment 
compensation law of the State making the request.
     In addition, $50,000,000 from the Employment Security 
Administration Account of the Unemployment Trust Fund shall be 
available to conduct in-person reemployment and eligibility assessments 
and unemployment insurance improper payment reviews.

        advances to the unemployment trust fund and other funds

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

                         program administration

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

               Employee Benefits Security Administration

                         salaries and expenses

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

                  Pension Benefit Guaranty Corporation

               pension benefit guaranty corporation fund

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

                         Wage and Hour Division

                         salaries and expenses

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

                  Office of Labor Management Standards

                         salaries and expenses

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

             Office of Federal Contract Compliance Programs

                         salaries and expenses

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

                Office of Workers' Compensation Programs

                         salaries and expenses

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

                            special benefits

                     (including transfer of funds)

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

               special benefits for disabled coal miners

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

    administrative expenses, energy employees occupational illness 
                           compensation fund

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

                    black lung disability trust fund

                     (including transfer of funds)

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

             Occupational Safety and Health Administration

                         salaries and expenses

    For necessary expenses for the Occupational Safety and Health 
Administration, $565,857,000, including not to exceed $104,393,000 
which shall be the maximum amount available for grants to States under 
section 23(g) of the Occupational Safety and Health Act (``Act''), 
which grants shall be no less than 50 percent of the costs of State 
occupational safety and health programs required to be incurred under 
plans approved by the Secretary under section 18 of the Act; and, in 
addition, notwithstanding 31 U.S.C. 3302, the Occupational Safety and 
Health Administration may retain up to $200,000 per fiscal year of 
training institute course tuition fees, otherwise authorized by law to 
be collected, and may utilize such sums for occupational safety and 
health training and education:  Provided, That notwithstanding 31 
U.S.C. 3302, the Secretary is authorized, during the fiscal year ending 
September 30, 2012, to collect and retain fees for services provided to 
Nationally Recognized Testing Laboratories, and may utilize such sums, 
in accordance with the provisions of 29 U.S.C. 9a, to administer 
national and international laboratory recognition programs that ensure 
the safety of equipment and products used by workers in the workplace:  
Provided further, That none of the funds appropriated under this 
paragraph shall be obligated or expended to prescribe, issue, 
administer, or enforce any standard, rule, regulation, or order under 
the Act which is applicable to any person who is engaged in a farming 
operation which does not maintain a temporary labor camp and employs 10 
or fewer employees:  Provided further, That no funds appropriated under 
this paragraph shall be obligated or expended to administer or enforce 
any standard, rule, regulation, or order under the Act with respect to 
any employer of 10 or fewer employees who is included within a category 
having a Days Away, Restricted, or Transferred (DART) occupational 
injury and illness rate, at the most precise industrial classification 
code for which such data are published, less than the national average 
rate as such rates are most recently published by the Secretary, acting 
through the Bureau of Labor Statistics, in accordance with section 24 
of the Act, except--
            (1) to provide, as authorized by the Act, consultation, 
        technical assistance, educational and training services, and to 
        conduct surveys and studies;
            (2) to conduct an inspection or investigation in response 
        to an employee complaint, to issue a citation for violations 
        found during such inspection, and to assess a penalty for 
        violations which are not corrected within a reasonable 
        abatement period and for any willful violations found;
            (3) to take any action authorized by the Act with respect 
        to imminent dangers;
            (4) to take any action authorized by the Act with respect 
        to health hazards;
            (5) to take any action authorized by the Act with respect 
        to a report of an employment accident which is fatal to one or 
        more employees or which results in hospitalization of two or 
        more employees, and to take any action pursuant to such 
        investigation authorized by the Act; and
            (6) to take any action authorized by the Act with respect 
        to complaints of discrimination against employees for 
        exercising rights under the Act:
  Provided further, That the foregoing proviso shall not apply to any 
person who is engaged in a farming operation which does not maintain a 
temporary labor camp and employs 10 or fewer employees:  Provided 
further, That $10,729,000 shall be available for Susan Harwood training 
grants.

                 Mine Safety and Health Administration

                         salaries and expenses

                     (including transfer of funds)

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

                       Bureau of Labor Statistics

                         salaries and expenses

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

                 Office of Disability Employment Policy

                         salaries and expenses

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

                        Departmental Management

                         salaries and expenses

                     (including transfer of funds)

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

                    veterans employment and training

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

                            it modernization

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

                      office of inspector general

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

                           General Provisions

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

                          (transfer of funds)

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

                     (including transfer of funds)

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

                     (including transfer of funds)

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

                                TITLE II

                DEPARTMENT OF HEALTH AND HUMAN SERVICES

              Health Resources and Services Administration

                          primary health care

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

                            health workforce

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

                       maternal and child health

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

                      ryan white hiv/aids program

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

                          health care systems

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

                              rural health

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

                            family planning

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

                           program management

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

           health education assistance loans program account

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

             vaccine injury compensation program trust fund

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

               Centers for Disease Control and Prevention

                 immunization and respiratory diseases

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

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

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

               emerging and zoonotic infectious diseases

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

            chronic disease prevention and health promotion

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

   birth defects, developmental disabilities, disabilities and health

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

                   public health scientific services

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

                          environmental health

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

                     injury prevention and control

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

         national institute for occupational safety and health

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

          employees occupational illness compensation program

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

                             global health

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

                public health preparedness and response

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

                cdc-wide activities and program support

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

                     National Institutes of Health

                       national cancer institute

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

               national heart, lung, and blood institute

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

         national institute of dental and craniofacial research

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

    national institute of diabetes and digestive and kidney diseases

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

        national institute of neurological disorders and stroke

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

         national institute of allergy and infectious diseases

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

             national institute of general medical sciences

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

  eunice kennedy shriver national institute of child health and human 
                              development

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

                         national eye institute

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

          national institute of environmental health sciences

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

                      national institute on aging

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

 national institute of arthritis and musculoskeletal and skin diseases

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

    national institute on deafness and other communication disorders

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

                 national institute of nursing research

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

           national institute on alcohol abuse and alcoholism

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

                    national institute on drug abuse

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

                  national institute of mental health

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

                national human genome research institute

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

      national institute of biomedical imaging and bioengineering

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

       national center for complementary and alternative medicine

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

      national institute on minority health and health disparities

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

                  john e. fogarty international center

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

                      national library of medicine

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

          national center for advancing translational sciences

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

                         office of the director

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

                        buildings and facilities

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

       Substance Abuse and Mental Health Services Administration

                             mental health

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

                        substance abuse treatment

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

                       substance abuse prevention

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

                health surveillance and program support

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

               Agency for Healthcare Research and Quality

                    healthcare research and quality

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

               Centers for Medicare and Medicaid Services

                     grants to states for medicaid

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

                  payments to health care trust funds

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

                           program management

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

              health care fraud and abuse control account

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

                Administration for Children and Families

  payments to states for child support enforcement and family support 
                                programs

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

                   low income home energy assistance

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

                     refugee and entrant assistance

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

   payments to states for the child care and development block grant

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

                      social services block grant

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

                children and families services programs

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

                   promoting safe and stable families

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

                payments for foster care and permanency

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

                        Administration on Aging

                        aging services programs

                     (including transfer of funds)

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

                        Office of the Secretary

                    general departmental management

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

                office of medicare hearings and appeals

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

  office of the national coordinator for health information technology

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

                      office of inspector general

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

                        office for civil rights

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

     retirement pay and medical benefits for commissioned officers

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

            public health and social services emergency fund

                     (including transfer of funds)

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

                           General Provisions

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

                          (transfer of funds)

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

                          (transfer of funds)

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

                          (transfer of funds)

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

                          (transfer of funds)

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

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

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

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

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

                               TITLE III

                        DEPARTMENT OF EDUCATION

                    Education for the Disadvantaged

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

                               Impact Aid

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

                      School Improvement Programs

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

                            Indian Education

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

                       Innovation and Improvement

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

                 Safe Schools and Citizenship Education

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

                      English Language Acquisition

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

                           Special Education

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

            Rehabilitation Services and Disability Research

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

           Special Institutions for Persons With Disabilities

                 american printing house for the blind

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

               national technical institute for the deaf

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

                          gallaudet university

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

                 Career, Technical, and Adult Education

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

                      Student Financial Assistance

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

                       Student Aid Administration

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

                            Higher Education

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

                           Howard University

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

         College Housing and Academic Facilities Loans Program

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

  Historically Black College and University Capital Financing Program 
                                Account

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

                    Institute of Education Sciences

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

                        Departmental Management

                         program administration

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

                        office for civil rights

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

                    office of the inspector general

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

                           General Provisions

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

                          (transfer of funds)

    Sec. 304.  Not to exceed 1 percent of any discretionary funds 
(pursuant to the Balanced Budget and Emergency Deficit Control Act of 
1985) which are appropriated for the Department of Education in this 
Act may be transferred between appropriations, but no such 
appropriation shall be increased by more than 3 percent by any such 
transfer:  Provided, That the transfer authority granted by this 
section shall not be used to create any new program or to fund any 
project or activity for which no funds are provided in this Act:  
Provided further, That the Committees on Appropriations of the House of 
Representatives and the Senate are notified at least 15 days in advance 
of any transfer.
    Sec. 305.  The Outlying Areas may consolidate funds received under 
this Act, pursuant to 48 U.S.C. 1469a, under part A of title V of the 
ESEA.
    Sec. 306.  Section 105(f)(1)(B)(ix) of the Compact of Free 
Association Amendments Act of 2003 (48 U.S.C. 1921d(f)(1)(B)(ix)) shall 
be applied by substituting ``2012'' for ``2009''.
    Sec. 307. (a) Notwithstanding any other provision of law, the 
Secretary is authorized to modify the terms and conditions of gulf 
hurricane disaster loans to affected institutions pursuant to section 
2601 of Public Law 109-234 using the authority provided herein, on such 
terms as the Secretary, the Secretary of the Treasury, and the Director 
of the Office of Management and Budget jointly determine are in the 
best interests of both the United States and the borrowers, and 
necessary to mitigate the economic effects of Hurricanes Katrina and 
Rita. Any modification under this section shall not result in any net 
cost to the Federal Government, as jointly determined by the Secretary, 
the Secretary of the Treasury, and the Director of the Office of 
Management and Budget, beginning on the date on which the Secretary 
modifies a loan under this section.
    (b)  Federal Register Notice.--The Secretary, the Secretary of the 
Treasury, and the Director of the Office of Management and Budget, 
shall jointly publish a notice in the Federal Register prior to any 
modification of loans under paragraph (a) that--
            (1) establishes the terms and conditions governing the 
        modifications authorized by paragraph (a);
            (2) includes an outline of the methodology and factors that 
        the Secretary, the Secretary of the Treasury, and the Director 
        of the Office of Management and Budget, will jointly consider 
        in evaluating the modification of the loans made under this 
        title; and
            (3) describes how the use of such methodology and 
        consideration of such factors used to determine the 
        modifications will ensure that loan modifications do not result 
        in any net cost to the Federal Government.
    (c) Fees.--An affected institution that receives a modification to 
its disaster loan pursuant to section 2601 of Public Law 109-234 shall 
pay a fee to the Secretary which shall be credited to the HBCU 
Hurricane Supplemental Loan Program. Such fees shall remain available 
without fiscal year limitation to pay the modification costs. The 
amount of the fee paid shall be equal to the modification cost as 
jointly determined by the Secretary, the Secretary of the Treasury, and 
the Director of the Office of Management and Budget, calculated in 
accordance with section 502 of the Federal Credit Reform Act of 1990, 
as amended, of such loan.
    Sec. 308.  Section 14006(c)(2) of division A of the American 
Recovery and Reinvestment Act of 2009 (as amended by section 1832(b) of 
division B of Public Law 112-10) is amended by inserting before the 
period, ``except that such a State may use its grant funds to make 
subgrants to public or private agencies and organizations for 
activities consistent with the purposes of the grant''.
    Sec. 309. (a) Federal Pell Grant Eligibility.--
            (1) Minimum level.--Section 401(b)(4) of the HEA (20 U.S.C. 
        1070a(b)(4)) is amended by striking ``, except that'' and all 
        that follows and inserting a period.
            (2) Duration of award period.--Section 401(c)(5) of the HEA 
        (20 U.S.C. 1070a(c)(5)) is amended--
                    (A) by striking ``18'' each place it appears and 
                inserting ``12''; and
                    (B) by striking the last sentence.
    (b) Zero Expected Family Contribution.--Section 479(c) of the HEA 
(20 U.S.C. 1087ss(c)) is amended--
            (1) in paragraph (1)(B), by striking ``$30,000'' and 
        inserting ``$23,000''; and
            (2) in paragraph (2)(B), by striking ``$30,000'' and 
        inserting ``$23,000''.
    (c) Students Who Are Not High School Graduates.--
            (1) Amendment.--Section 484(d) of the HEA (20 U.S.C. 
        1091(d)) is amended--
                    (A) in the matter preceding paragraph (1), by 
                striking ``meet one of the following standards:'';
                    (B) by striking paragraphs (1), (2), and (4); and
                    (C) in paragraph (3), by striking ``(3) The student 
                has'' and inserting ``have''; and
            (2) Transition.--The amendment made by paragraph (1) shall 
        apply to students who first enroll in a program of study on or 
        after July 1, 2012.
            (3) Conforming change.--Section 101(a)(1) of the HEA (20 
        U.S.C. 1001(a)(1) is amended by striking ``section 484(d)(3)'' 
        and inserting ``section 484(d)''.
    (d) Temporary Elimination of Interest Subsidy During Student Loan 
Grace Period.--
            (1) Section 428(a)(3)(A)(i)(I) of the HEA (20 U.S.C. 
        1078(a)(3)(A)(i)(I)) is amended to read as follows:
                                    ``(I) which accrues prior to the 
                                date the student ceases to carry at 
                                least one-half the normal full-time 
                                academic workload (as determined by the 
                                institution), or''.
            (2) The amendment made by paragraph (1) shall apply to new 
        Federal Direct Stafford Loans made on or after July 1, 2012 and 
        before July 1, 2014.
    (e) Revised Special Allowance Calculation.--
            (1) Revised calculation rule.--Section 438(b)(2)(I) of the 
        HEA (20 U.S.C. 1087-1(b)(2)(I)) is amended by adding at the end 
        the following:
                            ``(vii) Revised calculation rule to reflect 
                        financial market conditions.--
                                    ``(I) Calculation based on libor.--
                                For the calendar quarter beginning on 
                                April 1, 2012 and each subsequent 
                                calendar quarter, in computing the 
                                special allowance paid pursuant to this 
                                subsection with respect to loans 
                                described in subclause (II), clause 
                                (i)(I) of this subparagraph shall be 
                                applied by substituting `of the 1-month 
                                London Inter Bank Offered Rate (LIBOR) 
                                for United States dollars in effect for 
                                each of the days in such quarter as 
                                compiled and released by the British 
                                Bankers Association' for `of the quotes 
                                of the 3-month commercial paper 
                                (financial) rates in effect for each of 
                                the days in such quarter as reported by 
                                the Federal Reserve in Publication H-15 
                                (or its successor) for such 3-month 
                                period'.
                                    ``(II) Loans eligible for libor-
                                based calculation.--The special 
                                allowance paid pursuant to this 
                                subsection shall be calculated as 
                                described in subclause (I) with respect 
                                to special allowance payments for the 
                                3-month period ending June 30, 2012, 
                                and each succeeding 3-month period, on 
                                loans for which the first disbursement 
                                is made on or after January 1, 2000, 
                                and before July 1, 2010, if, not later 
                                than April 1, 2012, the holder of the 
                                loan (or, if the holder acts as 
                                eligible lender trustee for the 
                                beneficial owner of the loan, the 
                                beneficial owner of the loan), 
                                affirmatively and permanently waives 
                                all contractual, statutory, or other 
                                legal rights to a special allowance 
                                paid pursuant to this subsection that 
                                is calculated using the formula in 
                                effect at the time the loans were first 
                                disbursed.
                                    ``(III) Terms of waiver.--
                                            ``(aa) In general.--A 
                                        waiver pursuant to subclause 
                                        (II) shall be in a form 
                                        (printed or electronic) 
                                        prescribed by the Secretary, 
                                        and shall be applicable to--

                                                    ``(AA) all loans 
                                                described in such 
                                                subclause that the 
                                                lender holds solely in 
                                                its own right under any 
                                                lender identification 
                                                number associated with 
                                                the holder (pursuant to 
                                                section 487B);

                                                    ``(BB) all loans 
                                                described in such 
                                                subclause for which the 
                                                beneficial owner has 
                                                the authority to make 
                                                an election of a waiver 
                                                under such subclause, 
                                                regardless of the 
                                                lender identification 
                                                number associated with 
                                                the loan or the lender 
                                                that holds the loan as 
                                                eligible lender trustee 
                                                on behalf of such 
                                                beneficial owner; and

                                                    ``(CC) all future 
                                                calculations of the 
                                                special allowance on 
                                                loans that, on the date 
                                                of such waiver, are 
                                                loans described in 
                                                subitem (AA) or (BB), 
                                                or that, after such 
                                                date, become loans 
                                                described in subitem 
                                                (AA) or (BB).

                                            ``(bb) Exceptions.--Any 
                                        waiver pursuant to subclause 
                                        (II) that is elected for loans 
                                        described in subitem (AA) or 
                                        (BB) of item (aa) shall not 
                                        apply to any loan described in 
                                        such subitem for which the 
                                        lender or beneficial owner of 
                                        the loan demonstrates to the 
                                        satisfaction of the Secretary 
                                        that--

                                                    ``(AA) in 
                                                accordance with an 
                                                agreement entered into 
                                                before the date of 
                                                enactment of this 
                                                section by which such 
                                                lender or owner is 
                                                governed and that 
                                                applies to such loans, 
                                                such lender or owner is 
                                                not legally permitted 
                                                to make an election of 
                                                such waiver with 
                                                respect to such loans 
                                                without the approval of 
                                                one or more third 
                                                parties with an 
                                                interest in the loans, 
                                                and that the lender or 
                                                owner followed all 
                                                available options under 
                                                such agreement to 
                                                obtain such approval, 
                                                and was unable to do 
                                                so; or

                                                    ``(BB) such lender 
                                                or beneficial owner 
                                                presented the proposal 
                                                of electing such a 
                                                waiver applicable to 
                                                such loans associated 
                                                with an obligation 
                                                rated by a nationally 
                                                recognized statistical 
                                                rating organization (as 
                                                defined in section 
                                                3(a)(62) of the 
                                                Securities Exchange Act 
                                                of 1934), and such 
                                                rating organization 
                                                provided a written 
                                                opinion that the agency 
                                                would downgrade the 
                                                rating applicable to 
                                                such obligation if the 
                                                lender or owner elected 
                                                such a waiver.''.

            (2) Conforming amendments.--Section 438(b)(2)(I) of the HEA 
        (20 U.S.C. 1087-1(b)(2)(I)) is further amended--
                    (A) in clause (i)(II), by striking ``such average 
                bond equivalent rate'' and inserting ``the rate 
                determined under subclause (I) (in accordance with 
                clause (vii))''; and
                    (B) in clause (v)(III), by striking ``(iv), and 
                (vi)'' and inserting ``(iv), (vi), and (vii)''.
    (f) Reappropriation of Mandatory Savings.--Section 401(b)(7)(A)(iv) 
of the HEA (20 U.S.C. 1070a(b)(7)(A)(iv)) is amended to read as 
follows:
                            ``(iv) to carry out this section--
                                    ``(I) $13,500,000,000 for fiscal 
                                year 2011;
                                    ``(II) $13,795,000,000 for fiscal 
                                year 2012;
                                    ``(III) $7,587,000,000 for fiscal 
                                year 2013;
                                    ``(IV) $588,000,000 for fiscal year 
                                2014;
                                    ``(V) $0 for fiscal year 2015;
                                    ``(VI) $0 for fiscal year 2016;
                                    ``(VII) $1,574,000,000 for fiscal 
                                year 2017;
                                    ``(VIII) $1,382,000,000 for fiscal 
                                year 2018;
                                    ``(IX) $1,409,000,000 for fiscal 
                                year 2019;
                                    ``(X) $1,430,000,000 for fiscal 
                                year 2020; and
                                    ``(XI) $1,145,000,000 for fiscal 
                                year 2021 and each succeeding fiscal 
                                year.''.
    (g) Effective Date.--The amendments made by subsections (a), (b), 
and (c) shall take effect on July 1, 2012.
    (h) Inapplicability of Negotiated Rulemaking and Master Calendar 
Exception.--Sections 482(c) and 492 of the HEA (20 U.S.C. 1089(c), 
1098a) shall not apply to the amendments made by this section, or to 
any regulations promulgated under those amendments.
    This title may be cited as the ``Department of Education 
Appropriations Act, 2012''.

                                TITLE IV

                            RELATED AGENCIES

 Committee for Purchase From People Who Are Blind or Severely Disabled

                         salaries and expenses

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

             Corporation for National and Community Service

                           operating expenses

    For necessary expenses for the Corporation for National and 
Community Service (referred to in this title as ``CNCS'') to carry out 
the Domestic Volunteer Service Act of 1973 (referred to in this title 
as ``1973 Act'') and the National and Community Service Act of 1990 
(referred to in this title as ``1990 Act''), $751,672,000, 
notwithstanding sections 198B(b)(3), 198S(g), 501(a)(4)(C), and 
501(a)(4)(F) of the 1990 Act:  Provided, That of the amounts provided 
under this heading: (1) up to 1 percent of program grant funds may be 
used to defray the costs of conducting grant application reviews, 
including the use of outside peer reviewers and electronic management 
of the grants cycle; (2) $44,900,000 shall be available for expenses 
authorized under section 501(a)(4)(E) of the 1990 Act; (3) $2,000,000 
shall be available for expenses to carry out sections 112(e), 179A, and 
198O and su