H. Rept. 112-331 - 112th Congress (2011-2012)
December 15, 2011

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House Report 112-331 - MILITARY CONSTRUCTION AND VETERANS AFFAIRS AND RELATED AGENCIES APPROPRIATIONS ACT, 2012




[House Report 112-331]
[From the U.S. Government Printing Office]


112th Congress  }                                            {   Report 
  1st Session   }       HOUSE OF REPRESENTATIVES             {  112-331
_______________________________________________________________________
 
    MILITARY CONSTRUCTION AND VETERANS AFFAIRS AND RELATED AGENCIES 
                        APPROPRIATIONS ACT, 2012 

                               ----------                              

                           CONFERENCE REPORT

                              to accompany

                               H.R. 2055


                 [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]


               December 15, 2011.--Ordered to be printed






















112th Congress                                                   Report
  1st Session            HOUSE OF REPRESENTATIVES               112-331
_______________________________________________________________________


    MILITARY CONSTRUCTION AND VETERANS AFFAIRS AND RELATED AGENCIES 
                        APPROPRIATIONS ACT, 2012

                               __________

                           CONFERENCE REPORT

                              to accompany

                               H.R. 2055



                [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]



               December 15, 2011.--Ordered to be printed












112th Congress                                                   Report
  1st Session               HOUSE OF REPRESENTATIVES            112-331

======================================================================

    MILITARY CONSTRUCTION AND VETERANS AFFAIRS AND RELATED AGENCIES 
                        APPROPRIATIONS ACT, 2012 

                                _______
                                

               December 15, 2011.--Ordered to be printed

                                _______
                                

Mr. Rogers of Kentucky, from the committee of conference, submitted the 
                               following

                           CONFERENCE REPORT

                        [To accompany H.R. 2055]

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

SECTION 1. SHORT TITLE.

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

SEC. 2. TABLE OF CONTENTS.

    The table of contents of this Act is as follows:

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

       DIVISION A--DEPARTMENT OF DEFENSE APPROPRIATIONS ACT, 2012

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

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

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

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

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

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

Title I--Departmental management and operations
Title II--Security, enforcement, and investigations
Title III--Protection, preparedness, response, and recovery
Title IV--Research and development, training, and services
Title V--General provisions

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

Title I--Department of the Interior
Title II--Environmental Protection Agency
Title III--Related agencies
Title IV--General provisions

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

Title I--Department of Labor
Title II--Department of Health and Human Services
Title III--Department of Education
Title IV--Related agencies
Title V--General provisions

         DIVISION G--LEGISLATIVE BRANCH APPROPRIATIONS ACT, 2012

Title I--Legislative branch
Title II--General provisions

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

Title I--Department of Defense
Title II--Department of Veterans Affairs
Title III--Related agencies
Title IV--Overseas contingency operations
Title V--General provisions

    DIVISION I--DEPARTMENT OF STATE, FOREIGN OPERATIONS, AND RELATED 
                    PROGRAMS APPROPRIATIONS ACT, 2012

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


SEC. 3. REFERENCES.

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

SEC. 4. STATEMENT OF APPROPRIATIONS.

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

SEC. 5. AVAILABILITY OF FUNDS.

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

       DIVISION A--DEPARTMENT OF DEFENSE APPROPRIATIONS ACT, 2012

                                TITLE I

                        Military Personnel, Army

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

                        Military Personnel, Navy

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

                    Military Personnel, Marine Corps

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

                     Military Personnel, Air Force

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

                        Reserve Personnel, Army

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

                        Reserve Personnel, Navy

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

                    Reserve Personnel, Marine Corps

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

                      Reserve Personnel, Air Force

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

                     National Guard Personnel, Army

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

                  National Guard Personnel, Air Force

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

                                TITLE II

                       OPERATION AND MAINTENANCE

                    Operation and Maintenance, Army

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

                    Operation and Maintenance, Navy

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

                Operation and Maintenance, Marine Corps

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

                  Operation and Maintenance, Air Force

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

                Operation and Maintenance, Defense-Wide

                     (including transfer of funds)

    For expenses, not otherwise provided for, necessary for the 
operation and maintenance of activities and agencies of the 
Department of Defense (other than the military departments), as 
authorized by law, $30,152,008,000:  Provided, That not more 
than $47,026,000 may be used for the Combatant Commander 
Initiative Fund authorized under section 166a of title 10, 
United States Code:  Provided further, That not to exceed 
$36,000,000 can be used for emergencies and extraordinary 
expenses, to be expended on the approval or authority of the 
Secretary of Defense, and payments may be made on his 
certificate of necessity for confidential military purposes:  
Provided further, That of the funds provided under this 
heading, not less than $34,311,000 shall be made available for 
the Procurement Technical Assistance Cooperative Agreement 
Program, of which not less than $3,600,000 shall be available 
for centers defined in 10 U.S.C. 2411(1)(D):  Provided further, 
That none of the funds appropriated or otherwise made available 
by this Act may be used to plan or implement the consolidation 
of a budget or appropriations liaison office of the Office of 
the Secretary of Defense, the office of the Secretary of a 
military department, or the service headquarters of one of the 
Armed Forces into a legislative affairs or legislative liaison 
office:  Provided further, That $8,420,000, to remain available 
until expended, is available only for expenses relating to 
certain classified activities, 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 regarding this Act, the obligation and 
expenditure of amounts appropriated or otherwise made available 
in this Act for those programs, projects, and activities for 
which the amounts appropriated exceed the amounts requested are 
hereby required by law to be carried out in the manner provided 
by such tables to the same extent as if the tables were 
included in the text of this Act.
    (b) Amounts specified in the referenced tables described in 
subsection (a) shall not be treated as subdivisions of 
appropriations for purposes of section 8005 of this Act:  
Provided, That section 8005 shall apply when transfers of the 
amounts described in subsection (a) occur between appropriation 
accounts.
    Sec. 8007. (a) Not later than 60 days after enactment of 
this Act, the Department of Defense shall submit a report to 
the congressional defense committees to establish the baseline 
for application of reprogramming and transfer authorities for 
fiscal year 2012:  Provided, That the report shall include--
            (1) a table for each appropriation with a separate 
        column to display the President's budget request, 
        adjustments made by Congress, adjustments due to 
        enacted rescissions, if appropriate, and the fiscal 
        year enacted level;
            (2) a delineation in the table for each 
        appropriation both by budget activity and program, 
        project, and activity as detailed in the Budget 
        Appendix; and
            (3) an identification of items of special 
        congressional interest.
    (b) Notwithstanding section 8005 of this Act, none of the 
funds provided in this Act shall be available for reprogramming 
or transfer until the report identified in subsection (a) is 
submitted to the congressional defense committees, unless the 
Secretary of Defense certifies in writing to the congressional 
defense committees that such reprogramming or transfer is 
necessary as an emergency requirement.

                          (transfer of funds)

    Sec. 8008.  During the current fiscal year, cash balances 
in working capital funds of the Department of Defense 
established pursuant to section 2208 of title 10, United States 
Code, may be maintained in only such amounts as are necessary 
at any time for cash disbursements to be made from such funds:  
Provided, That transfers may be made between such funds:  
Provided further, That transfers may be made between working 
capital funds and the ``Foreign Currency Fluctuations, 
Defense'' appropriation and the ``Operation and Maintenance'' 
appropriation accounts in such amounts as may be determined by 
the Secretary of Defense, with the approval of the Office of 
Management and Budget, except that such transfers may not be 
made unless the Secretary of Defense has notified the Congress 
of the proposed transfer. Except in amounts equal to the 
amounts appropriated to working capital funds in this Act, no 
obligations may be made against a working capital fund to 
procure or increase the value of war reserve material 
inventory, unless the Secretary of Defense has notified the 
Congress prior to any such obligation.
    Sec. 8009.  Funds appropriated by this Act may not be used 
to initiate a special access program without prior notification 
30 calendar days in advance to the congressional defense 
committees.
    Sec. 8010.  None of the funds provided in this Act shall be 
available to initiate: (1) a multiyear contract that employs 
economic order quantity procurement in excess of $20,000,000 in 
any one year of the contract or that includes an unfunded 
contingent liability in excess of $20,000,000; or (2) a 
contract for advance procurement leading to a multiyear 
contract that employs economic order quantity procurement in 
excess of $20,000,000 in any one year, unless the congressional 
defense committees have been notified at least 30 days in 
advance of the proposed contract award:  Provided, That no part 
of any appropriation contained in this Act shall be available 
to initiate a multiyear contract for which the economic order 
quantity advance procurement is not funded at least to the 
limits of the Government's liability:  Provided further, That 
no part of any appropriation contained in this Act shall be 
available to initiate multiyear procurement contracts for any 
systems or component thereof if the value of the multiyear 
contract would exceed $500,000,000 unless specifically provided 
in this Act:  Provided further, That no multiyear procurement 
contract can be terminated without 10-day prior notification to 
the congressional defense committees:  Provided further, That 
the execution of multiyear authority shall require the use of a 
present value analysis to determine lowest cost compared to an 
annual procurement:  Provided further, That none of the funds 
provided in this Act may be used for a multiyear contract 
executed after the date of the enactment of this Act unless in 
the case of any such contract--
            (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 regarding this Act.
    Sec. 8039. (a) None of the funds appropriated by this Act 
shall be available to convert to contractor performance an 
activity or function of the Department of Defense that, on or 
after the date of the enactment of this Act, is performed by 
Department of Defense civilian employees unless--
            (1) the conversion is based on the result of a 
        public-private competition that includes a most 
        efficient and cost effective organization plan 
        developed by such activity or function;
            (2) the Competitive Sourcing Official determines 
        that, over all performance periods stated in the 
        solicitation of offers for performance of the activity 
        or function, the cost of performance of the activity or 
        function by a contractor would be less costly to the 
        Department of Defense by an amount that equals or 
        exceeds the lesser of--
                    (A) 10 percent of the most efficient 
                organization's personnel-related costs for 
                performance of that activity or function by 
                Federal employees; or
                    (B) $10,000,000; and
            (3) the contractor does not receive an advantage 
        for a proposal that would reduce costs for the 
        Department of Defense by--
                    (A) not making an employer-sponsored health 
                insurance plan available to the workers who are 
                to be employed in the performance of that 
                activity or function under the contract; or
                    (B) offering to such workers an employer-
                sponsored health benefits plan that requires 
                the employer to contribute less towards the 
                premium or subscription share than the amount 
                that is paid by the Department of Defense for 
                health benefits for civilian employees under 
                chapter 89 of title 5, United States Code.
    (b)(1) The Department of Defense, without regard to 
subsection (a) of this section or subsection (a), (b), or (c) 
of section 2461 of title 10, United States Code, and 
notwithstanding any administrative regulation, requirement, or 
policy to the contrary shall have full authority to enter into 
a contract for the performance of any commercial or industrial 
type function of the Department of Defense that--
                    (A) is included on the procurement list 
                established pursuant to section 2 of the 
                Javits-Wagner-O'Day Act (section 8503 of title 
                41, United States Code);
                    (B) is planned to be converted to 
                performance by a qualified nonprofit agency for 
                the blind or by a qualified nonprofit agency 
                for other severely handicapped individuals in 
                accordance with that Act; or
                    (C) is planned to be converted to 
                performance by a qualified firm under at least 
                51 percent ownership by an Indian tribe, as 
                defined in section 4(e) of the Indian Self-
                Determination and Education Assistance Act (25 
                U.S.C. 450b(e)), or a Native Hawaiian 
                Organization, as defined in section 8(a)(15) of 
                the Small Business Act (15 U.S.C. 637(a)(15)).
            (2) This section shall not apply to depot contracts 
        or contracts for depot maintenance as provided in 
        sections 2469 and 2474 of title 10, United States Code.
    (c) The conversion of any activity or function of the 
Department of Defense under the authority provided by this 
section shall be credited toward any competitive or outsourcing 
goal, target, or measurement that may be established by 
statute, regulation, or policy and is deemed to be awarded 
under the authority of, and in compliance with, subsection (h) 
of section 2304 of title 10, United States Code, for the 
competition or outsourcing of commercial activities.

                             (rescissions)

    Sec. 8040.  Of the funds appropriated in Department of 
Defense Appropriations Acts, the following funds are hereby 
rescinded from the following accounts and programs in the 
specified amounts:
            ``National Defense Sealift Fund, 2002/XXXX'', 
        $20,444,000;
            ``National Defense Sealift Fund, 2003/XXXX'', 
        $8,500,000;
            ``National Defense Sealift Fund, 2004/XXXX'', 
        $6,500,000;
            ``Aircraft Procurement, Army, 2010/2012'', 
        $5,100,000;
            ``Procurement of Weapons and Tracked Combat 
        Vehicles, Army, 2010/2012'', $4,353,000;
            ``Procurement of Ammunition, Army, 2010/2012'', 
        $21,674,000;
            ``Other Procurement, Army, 2010/2012'', 
        $58,647,000;
            ``Aircraft Procurement, Navy, 2010/2012'', 
        $90,000,000;
            ``Aircraft Procurement, Air Force, 2010/2012'', 
        $32,897,000;
            ``Missile Procurement, Air Force, 2010/2012'', 
        $3,889,000;
            ``Other Procurement, Air Force, 2010/2012'', 
        $12,200,000;
            ``Procurement, Defense-Wide, 2010/2012'', $716,000;
            ``Aircraft Procurement, Army, 2011/2013'', 
        $21,500,000;
            ``Missile Procurement, Army, 2011/2013'', 
        $99,800,000;
            ``Procurement of Weapons and Tracked Combat 
        Vehicles, Army, 2011/2013'', $18,834,000;
            ``Procurement of Ammunition, Army, 2011/2013'', 
        $15,000,000;
            ``Other Procurement, Army, 2011/2013'', 
        $438,436,000;
            ``Aircraft Procurement, Navy, 2011/2013'', 
        $78,000,000;
            ``Weapons Procurement, Navy, 2011/2013'', 
        $34,276,000;
            ``Procurement of Ammunition, Navy and Marine Corps, 
        2011/2013'', $28,262,000;
            ``Other Procurement, Navy, 2011/2013'', 
        $59,598,000;
            Under the heading, ``Shipbuilding and Conversion, 
        Navy, 2011/2015'': Littoral Combat Ship Advance 
        Procurement: $110,351,000;
            ``Aircraft Procurement, Air Force, 2011/2013'', 
        $220,213,000;
            ``Missile Procurement, Air Force, 2011/2013'', 
        $193,900,000;
            ``Other Procurement, Air Force, 2011/2013'', 
        $52,868,000;
            ``Procurement, Defense-Wide, 2011/2013'', 
        $4,312,000;
            ``Research, Development, Test and Evaluation, Army, 
        2011/2012'', $356,625,000;
            ``Research, Development, Test and Evaluation, Navy, 
        2011/2012'', $65,687,000;
            ``Research, Development, Test and Evaluation, Air 
        Force, 2011/2012'', $258,094,000;
            ``Research, Development, Test and Evaluation, 
        Defense-Wide, 2011/2012'', $254,284,000;
            ``Defense Health Program, 2011/2012'', $257,000:
             Provided, That the funds rescinded from the 
        National Defense Sealift accounts are those described 
        under the heading ``National Defense Sealift Fund'' in 
        Public Law 107-117, Public Law 107-248, and Public Law 
        108-87, or for the purposes described in section 115 of 
        division H of Public Law 108-199, as amended by section 
        1017 of division A of Public Law 109-13.
    Sec. 8041.  None of the funds available in this Act may be 
used to reduce the authorized positions for military 
technicians (dual status) of the Army National Guard, Air 
National Guard, Army Reserve and Air Force Reserve for the 
purpose of applying any administratively imposed civilian 
personnel ceiling, freeze, or reduction on military technicians 
(dual status), unless such reductions are a direct result of a 
reduction in military force structure.
    Sec. 8042.  None of the funds appropriated or otherwise 
made available in this Act may be obligated or expended for 
assistance to the Democratic People's Republic of Korea unless 
specifically appropriated for that purpose.
    Sec. 8043.  Funds appropriated in this Act for operation 
and maintenance of the Military Departments, Combatant Commands 
and Defense Agencies shall be available for reimbursement of 
pay, allowances and other expenses which would otherwise be 
incurred against appropriations for the National Guard and 
Reserve when members of the National Guard and Reserve provide 
intelligence or counterintelligence support to Combatant 
Commands, Defense Agencies and Joint Intelligence Activities, 
including the activities and programs included within the 
National Intelligence Program and the Military Intelligence 
Program:  Provided, That nothing in this section authorizes 
deviation from established Reserve and National Guard personnel 
and training procedures.
    Sec. 8044.  During the current fiscal year, none of the 
funds appropriated in this Act may be used to reduce the 
civilian medical and medical support personnel assigned to 
military treatment facilities below the September 30, 2003, 
level:  Provided, That the Service Surgeons General may waive 
this section by certifying to the congressional defense 
committees that the beneficiary population is declining in some 
catchment areas and civilian strength reductions may be 
consistent with responsible resource stewardship and 
capitation-based budgeting.
    Sec. 8045. (a) None of the funds available to the 
Department of Defense for any fiscal year for drug interdiction 
or counter-drug activities may be transferred to any other 
department or agency of the United States except as 
specifically provided in an appropriations law.
    (b) None of the funds available to the Central Intelligence 
Agency for any fiscal year for drug interdiction and counter-
drug activities may be transferred to any other department or 
agency of the United States except as specifically provided in 
an appropriations law.
    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 2012; costs related to transportation, delivery, 
and storage; and sales of petroleum distillate from the Reserve 
under section 182 of the Energy Policy and Conservation Act (42 
U.S.C. 6250a) are hereby permanently rescinded:  Provided 
further, That notwithstanding section 181 of the Energy Policy 
and Conservation Act (42 U.S.C. 6250), for fiscal year 2012 and 
hereafter, the Reserve shall contain no more than 1 million 
barrels of petroleum distillate.

                   Energy Information Administration

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

                   Non-defense Environmental Cleanup

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

      Uranium Enrichment Decontamination and Decommissioning Fund

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

                                Science

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

               Advanced Research Projects Agency--Energy

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

         Title 17 Innovative Technology Loan Guarantee Program

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

        Advanced Technology Vehicles Manufacturing Loan Program

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

                      Departmental Administration

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

                    Office of the Inspector General

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

                    ATOMIC ENERGY DEFENSE ACTIVITIES

                NATIONAL NUCLEAR SECURITY ADMINISTRATION

                           Weapons Activities

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

                    Defense Nuclear Nonproliferation

                    (including rescission of funds)

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

                             Naval Reactors

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

                      Office of the Administrator

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

               ENVIRONMENTAL AND OTHER DEFENSE ACTIVITIES

                     Defense Environmental Cleanup

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

                        Other Defense Activities

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

                    POWER MARKETING ADMINISTRATIONS

                  Bonneville Power Administration Fund

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

      Operation and Maintenance, Southeastern Power Administration

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

      Operation and Maintenance, Southwestern Power Administration

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

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

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

           Falcon and Amistad Operating and Maintenance Fund

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

                  Federal Energy Regulatory Commission

                         salaries and expenses

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

                GENERAL PROVISIONS--DEPARTMENT OF ENERGY

              (including rescission and transfer of funds)

    Sec. 301. (a) No appropriation, funds, or authority made 
available by this title for the Department of Energy shall be 
used to initiate or resume any program, project, or activity or 
to prepare or initiate Requests For Proposals or similar 
arrangements (including Requests for Quotations, Requests for 
Information, and Funding Opportunity Announcements) for a 
program, project, or activity if the program, project, or 
activity has not been funded by Congress.
    (b) The Department of Energy may not, with respect to any 
program, project, or activity that uses budget authority made 
available in this title under the heading ``Department of 
Energy--Energy Programs'', enter into a multi-year contract, 
award a multi-year grant, or enter into a multi-year 
cooperative agreement unless the contract, grant, or 
cooperative agreement includes a clause conditioning the 
Federal Government's obligation on the availability of future-
year budget authority and the Secretary notifies the Committees 
on Appropriations of the House of Representatives and the 
Senate at least 14 days in advance.
    (c) Except as provided in this section, the amounts made 
available by this title shall be expended as authorized by law 
for the projects and activities specified in the ``Conference'' 
column in the ``Department of Energy'' table included under the 
heading ``Title III--Department of Energy'' in the joint 
explanatory statement accompanying this Act.
    (d) The amounts made available by this title may be 
reprogrammed for any program, project, or activity, and the 
Department shall notify the Committees on Appropriations of the 
House of Representatives and the Senate at least 30 days prior 
to the use of any proposed reprogramming which would cause any 
program, project, or activity funding level to increase or 
decrease by more than $5,000,000 or 10 percent, whichever is 
less, during the time period covered by this Act.
    (e) Notwithstanding subsection (c), none of the funds 
provided in this title shall be available for obligation or 
expenditure through a reprogramming of funds that--
            (1) creates, initiates, or eliminates a program, 
        project, or activity,
            (2) increases funds or personnel for any program, 
        project, or activity for which funds are denied or 
        restricted by this Act, or
            (3) reduces funds that are directed to be used for 
        a specific program, project, or activity by this Act.
    (f)(1) The Secretary of Energy may waive any requirement or 
restriction in this section that applies to the use of funds 
made available for the Department of Energy if compliance with 
such requirement or restriction would pose a substantial risk 
to human health, the environment, welfare, or national 
security.
    (2) The Secretary of Energy shall notify the Committees on 
Appropriations of any waiver under paragraph (1) as soon as 
practicable, but not later than 3 days after the date of the 
activity to which a requirement or restriction would 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 100-140 
(15 U.S.C. 8004).

     administrative provisions--consumer product safety commission

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

                     Election Assistance Commission

                         salaries and expenses

                     (including transfer of funds)

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

                   Federal Communications Commission

                         salaries and expenses

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

      administrative provisions--federal communications commission

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

                 Federal Deposit Insurance Corporation

                    office of the inspector general

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

                      Federal Election Commission

                         salaries and expenses

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

                   Federal Labor Relations Authority

                         salaries and expenses

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

                        Federal Trade Commission

                         salaries and expenses

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

                    General Services Administration

                        real property activities

                         federal buildings fund

                 limitations on availability of revenue

    Amounts in the Fund, including revenues and collections 
deposited into the Fund shall be available for necessary 
expenses of real property management and related activities not 
otherwise provided for, including operation, maintenance, and 
protection of federally owned and leased buildings; rental of 
buildings in the District of Columbia; restoration of leased 
premises; moving governmental agencies (including space 
adjustments and telecommunications relocation expenses) in 
connection with the assignment, allocation and transfer of 
space; contractual services incident to cleaning or servicing 
buildings, and moving; repair and alteration of federally owned 
buildings including grounds, approaches and appurtenances; care 
and safeguarding of sites; maintenance, preservation, 
demolition, and equipment; acquisition of buildings and sites 
by purchase, condemnation, or as otherwise authorized by law; 
acquisition of options to purchase buildings and sites; 
conversion and extension of federally owned buildings; 
preliminary planning and design of projects by contract or 
otherwise; construction of new buildings (including equipment 
for such buildings); and payment of principal, interest, and 
any other obligations for public buildings acquired by 
installment purchase and purchase contract; in 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 provided a detailed justification of any 
proposed changes from the enacted level by individual 
appropriation. The detailed justification shall include at a 
minimum a description of each credit and non-credit program 
including amount of funding and costs by appropriation account 
and fiscal year. For activities funded in multiple 
appropriations, the budget justification shall specify the 
amount included in each enacted appropriation, the amount 
proposed in the budget year and a justification for any 
proposed changes.

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

                               TITLE VII

                  GENERAL PROVISIONS--GOVERNMENT-WIDE

                Departments, Agencies, and Corporations

    Sec. 701.  No department, agency, or instrumentality of the 
United States receiving appropriated funds under this or any 
other Act for fiscal year 2012 shall obligate or expend any 
such funds, unless such department, agency, or instrumentality 
has in place, and will continue to administer in good faith, a 
written policy designed to ensure that all of its workplaces 
are free from the illegal use, possession, or distribution of 
controlled substances (as defined in the Controlled Substances 
Act (21 U.S.C. 802)) by the officers and employees of such 
department, agency, or instrumentality.
    Sec. 702.  Unless otherwise specifically provided, the 
maximum amount allowable during the current fiscal year in 
accordance with subsection 1343(c) of title 31, United States 
Code, for the purchase of any passenger motor vehicle 
(exclusive of buses, ambulances, law enforcement, and 
undercover surveillance vehicles), is hereby fixed at $13,197 
except station wagons for which the maximum shall be $13,631:  
Provided, That these limits may be exceeded by not to exceed 
$3,700 for police-type vehicles, and by not to exceed $4,000 
for special heavy-duty vehicles:  Provided further, That the 
limits set forth in this section may not be exceeded by more 
than 5 percent for electric or hybrid vehicles purchased for 
demonstration under the provisions of the Electric and Hybrid 
Vehicle Research, Development, and Demonstration Act of 1976:  
Provided further, That the limits set forth in this section may 
be exceeded by the incremental cost of clean alternative fuels 
vehicles acquired pursuant to Public Law 101-549 over the cost 
of comparable conventionally fueled vehicles:  Provided 
further, That the limits set forth in this section shall not 
apply to any vehicle that is a commercial item and which 
operates on emerging motor vehicle technology, including but 
not limited to electric, plug-in hybrid electric, and hydrogen 
fuel cell vehicles.
    Sec. 703.  Appropriations of the executive departments and 
independent establishments for the current fiscal year 
available for expenses of travel, or for the expenses of the 
activity concerned, are hereby made available for quarters 
allowances and cost-of-living allowances, in accordance with 5 
U.S.C. 5922-5924.
    Sec. 704.  Unless otherwise specified during the current 
fiscal year, no part of any appropriation contained in this or 
any other Act shall be used to pay the compensation of any 
officer or employee of the Government of the United States 
(including any agency the majority of the stock of which is 
owned by the Government of the United States) whose post of 
duty is in the continental United States unless such person: 
(1) is a citizen of the United States; (2) is a person who is 
lawfully admitted for permanent residence and is seeking 
citizenship as outlined in 8 U.S.C. 1324b(a)(3)(B); (3) is a 
person who is admitted as a refugee under 8 U.S.C. 1157 or is 
granted asylum under 8 U.S.C. 1158 and has filed a declaration 
of intention to become a lawful permanent resident and then a 
citizen when eligible; or (4) is a person who owes allegiance 
to the United States:  Provided, That for purposes of this 
section, affidavits signed by any such person shall be 
considered prima facie evidence that the requirements of this 
section with respect to his or her status are being complied 
with:  Provided further, That for purposes of subsections (2) 
and (3) such affidavits shall be submitted prior to employment 
and updated thereafter as necessary:  Provided further, That 
any person making a false affidavit shall be guilty of a 
felony, and upon conviction, shall be fined no more than $4,000 
or imprisoned for not more than 1 year, or both:  Provided 
further, That the above penal clause shall be in addition to, 
and not in substitution for, any other provisions of existing 
law:  Provided further, That any payment made to any officer or 
employee contrary to the provisions of this section shall be 
recoverable in action by the Federal Government:  Provided 
further, That this section shall not apply to any person who is 
an officer or employee of the Government of the United States 
on the date of enactment of this Act, or to international 
broadcasters employed by the Broadcasting Board of Governors, 
or to temporary employment of translators, or to temporary 
employment in the field service (not to exceed 60 days) as a 
result of emergencies:  Provided further, That this section 
does not apply to the employment as Wildland firefighters for 
not more than 120 days of nonresident aliens employed by the 
Department of the Interior or the USDA Forest Service pursuant 
to an agreement with another country.
    Sec. 705.  Appropriations available to any department or 
agency during the current fiscal year for necessary expenses, 
including maintenance or operating expenses, shall also be 
available for payment to the General Services Administration 
for charges for space and services and those expenses of 
renovation and alteration of buildings and facilities which 
constitute public improvements performed in accordance with the 
Public Buildings Act of 1959 (73 Stat. 479), the Public 
Buildings Amendments of 1972 (86 Stat. 216), or other 
applicable law.
    Sec. 706.  In addition to funds provided in this or any 
other Act, all Federal agencies are authorized to receive and 
use funds resulting from the sale of materials, including 
Federal records disposed of pursuant to a records schedule 
recovered through recycling or waste prevention programs. Such 
funds shall be available until expended for the following 
purposes:
            (1) Acquisition, waste reduction and prevention, 
        and recycling programs as described in Executive Order 
        No. 13423 (January 24, 2007), including any such 
        programs adopted prior to the effective date of the 
        Executive order.
            (2) Other Federal agency environmental management 
        programs, including, but not limited to, the 
        development and implementation of hazardous waste 
        management and pollution prevention programs.
            (3) Other employee programs as authorized by law or 
        as deemed appropriate by the head of the Federal 
        agency.
    Sec. 707.  Funds made available by this or any other Act 
for administrative expenses in the current fiscal year of the 
corporations and agencies 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.).
      Sec. 744. Notwithstanding any other provision of law, 
until September 30, 2013, of the amounts made available for 
information technology investments under the heading 
``Independent Agencies, Commodity Futures Trading Commission'' 
in the Agriculture, Rural Development, Food and Drug 
Administration, and Related Agencies Appropriations Act, 2012 
(division A of Public Law 112-55), the Chairman of the 
Commodity Futures Trading Commission may transfer not to exceed 
$10,000,000 under such heading for salaries and expenses of 
such Commission: Provided, That any transfer pursuant to this 
section shall be subject to the notification procedures set 
forth in section 730 of such Act with respect to a 
reprogramming of funds and shall not be available for 
obligation or expenditure except in compliance with such 
procedures.

                               TITLE VIII

                GENERAL PROVISIONS--DISTRICT OF COLUMBIA

                     (including transfer of funds)

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

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

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

                                TITLE I

                 DEPARTMENTAL MANAGEMENT AND OPERATIONS

            Office of the Secretary and Executive Management

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

              Office of the Under Secretary for Management

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

                 Office of the Chief Financial Officer

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

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

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

                                TITLE I

                       DEPARTMENT OF THE INTERIOR

                       Bureau of Land Management

                   management of lands and resources

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

                              construction

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

                            land acquisition

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

                   oregon and california grant lands

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

                           range improvements

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

               service charges, deposits, and forfeitures

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

                       miscellaneous trust funds

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

                       administrative provisions

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

                United States Fish and Wildlife Service

                          resource management

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

                      Office of Inspector General

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

                        Buildings and Facilities

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

                     Hazardous Substance Superfund

                     (including transfers of funds)

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

          Leaking Underground Storage Tank Trust Fund Program

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

                       Inland Oil Spill Programs

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

                   State and Tribal Assistance Grants

    For environmental programs and infrastructure assistance, 
including capitalization grants for State revolving funds and 
performance partnership grants, $3,618,727,000, to remain 
available until expended, of which $1,468,806,000 shall be for 
making capitalization grants for the Clean Water State 
Revolving Funds under title VI of the Federal Water Pollution 
Control Act, as amended (the ``Act''); of which $919,363,000 
shall be for making capitalization grants for the Drinking 
Water State Revolving Funds under section 1452 of the Safe 
Drinking Water Act, as amended:  Provided, That for fiscal year 
2012, to the extent there are sufficient eligible project 
applications, not less than 10 percent of the funds made 
available under this title to each State for Clean Water State 
Revolving Fund capitalization grants shall be used by the State 
for projects to address green infrastructure, water or energy 
efficiency improvements, or other environmentally innovative 
activities:  Provided further, That for fiscal year 2012, funds 
made available under this title to each State for Drinking 
Water State Revolving Fund capitalization grants may, at the 
discretion of each State, be used for projects to address green 
infrastructure, water or energy efficiency improvements, or 
other environmentally innovative activities; $5,000,000 shall 
be for architectural, engineering, planning, design, 
construction and related activities in connection with the 
construction of high priority water and wastewater facilities 
in the area of the United States-Mexico Border, after 
consultation with the appropriate border commission; 
$10,000,000 shall be for grants to the State of Alaska to 
address drinking water and wastewater infrastructure needs of 
rural and Alaska Native Villages:  Provided further, That, of 
these funds: (1) the State of Alaska shall provide a match of 
25 percent; (2) no more than 5 percent of the funds may be used 
for administrative and overhead expenses; and (3) the State of 
Alaska shall make awards consistent with the State-wide 
priority list established in conjunction with the Agency and 
the U.S. Department of Agriculture for all water, sewer, waste 
disposal, and similar projects carried out by the State of 
Alaska that are funded under section 221 of the Federal Water 
Pollution Control Act (33 U.S.C. 1301) or the Consolidated Farm 
and Rural Development Act (7 U.S.C. 1921 et seq.) which shall 
allocate not less than 25 percent of the funds provided for 
projects in regional hub communities; $95,000,000 shall be to 
carry out section 104(k) of the Comprehensive Environmental 
Response, Compensation, and Liability Act of 1980 (CERCLA), as 
amended, including grants, interagency agreements, and 
associated program support costs; $30,000,000 shall be for 
grants under title VII, subtitle G of the Energy Policy Act of 
2005, as amended; and $1,090,558,000 shall be for grants, 
including associated program support costs, to States, 
federally recognized tribes, interstate agencies, tribal 
consortia, and air pollution control agencies for multi-media 
or single media pollution prevention, control and abatement and 
related activities, including activities pursuant to the 
provisions set forth under this heading in Public Law 104-134, 
and for making grants under section 103 of the Clean Air Act 
for particulate matter monitoring and data collection 
activities subject to terms and conditions specified by the 
Administrator, of which $49,396,000 shall be for carrying out 
section 128 of CERCLA, as amended, $9,980,000 shall be for 
Environmental Information Exchange Network grants, including 
associated program support costs, $18,463,000 of the funds 
available for grants under section 106 of the Act shall be for 
State participation in national- and State-level statistical 
surveys of water resources and enhancements to State monitoring 
programs, and, in addition to funds appropriated under the 
heading ``Leaking Underground Storage Tank Trust Fund Program'' 
to carry out the provisions of the Solid Waste Disposal Act 
specified in section 9508(c) of the Internal Revenue Code other 
than section 9003(h) of the Solid Waste Disposal Act, as 
amended, $1,550,000 shall be for grants to States under section 
2007(f)(2) of the Solid Waste Disposal Act, as amended:  
Provided further, That notwithstanding section 603(d)(7) of the 
Federal Water Pollution Control Act, the limitation on the 
amounts in a State water pollution control revolving fund that 
may be used by a State to administer the fund shall not apply 
to amounts included as principal in loans made by such fund in 
fiscal year 2012 and prior years where such amounts represent 
costs of administering the fund to the extent that such amounts 
are or were deemed reasonable by the Administrator, accounted 
for separately from other assets in the fund, and used for 
eligible purposes of the fund, including administration:  
Provided further, That for fiscal year 2012, and 
notwithstanding section 518(f) of the Act, the Administrator is 
authorized to use the amounts appropriated for any fiscal year 
under section 319 of that Act to make grants to federally 
recognized Indian tribes pursuant to sections 319(h) and 518(e) 
of that Act:  Provided further, That for fiscal year 2012, 
notwithstanding the limitation on amounts in section 518(c) of 
the Federal Water Pollution Control Act and section 1452(i) of 
the Safe Drinking Water Act, up to a total of 2 percent of the 
funds appropriated for State Revolving Funds under such Acts 
may be reserved by the Administrator for grants under section 
518(c) and section 1452(i) of such Acts:  Provided further, 
That for fiscal year 2012, notwithstanding the amounts 
specified in section 205(c) of the Federal Water Pollution 
Control Act, up to 1.5 percent of the aggregate funds 
appropriated for the Clean Water State Revolving Fund program 
under the Act less any sums reserved under section 518(c) of 
the Act, may be reserved by the Administrator for grants made 
under title II of the Clean Water Act for American Samoa, Guam, 
the Commonwealth of the Northern Marianas, and United States 
Virgin Islands:  Provided further, That for fiscal year 2012, 
notwithstanding the limitations on amounts specified in section 
1452(j) of the Safe Drinking Water Act, up to 1.5 percent of 
the funds appropriated for the Drinking Water State Revolving 
Fund programs under the Safe Drinking Water Act may be reserved 
by the Administrator for grants made under section 1452(j) of 
the Safe Drinking Water Act:  Provided further, That not less 
than 20 percent but not more than 30 percent of the funds made 
available under this title to each State for Clean Water State 
Revolving Fund capitalization grants and 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 joint explanatory 
statement of the managers accompanying this Act.
    Not more than $82,000,000 of funds available to the Forest 
Service shall be transferred to the Working Capital Fund of the 
Department of Agriculture and not more than $14,500,000 of 
funds available to the Forest Service shall be transferred to 
the Department of Agriculture for Department Reimbursable 
Programs, commonly referred to as Greenbook charges. Nothing in 
this paragraph shall prohibit or limit the use of reimbursable 
agreements requested by the Forest Service in order to obtain 
services from the Department of Agriculture's National 
Information Technology Center. Nothing in this paragraph shall 
limit the Forest Service portion of implementation costs to be 
paid to the Department of Agriculture for the Financial 
Management Modernization Initiative.
    Of the funds available to the Forest Service up to 
$5,000,000 shall be available for priority projects within the 
scope of the approved budget, which shall be carried out by the 
Youth Conservation Corps and shall be carried out under the 
authority of the 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 main 
        tenance fee under subsection (a) shall be paid for the 
        year in which the location is made, at the time the 
        location notice is recorded with the Bureau of Land 
        Management.''.

                       domestic livestock grazing

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

         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 job corps

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

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

            community service employment for older americans

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

              federal unemployment benefits and allowances

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

     state unemployment insurance and employment service operations

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

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

        advances to the unemployment trust fund and other funds

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

                         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