[112th Congress Public Law 74]
[From the U.S. Government Printing Office]



[[Page 785]]

                  CONSOLIDATED APPROPRIATIONS ACT, 2012

[[Page 125 STAT. 786]]

Public Law 112-74
112th Congress

                                 An Act


 
   Making appropriations for military construction, the Department of 
   Veterans Affairs, and related agencies for the fiscal year ending 
      September 30, 2012, and for other purposes. <<NOTE: Dec. 23, 
                         2011 -  [H.R. 2055]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, <<NOTE: Consolidated 
Appropriations Act, 2012.>> 
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Consolidated Appropriations Act, 
2012''.
SEC. 2. TABLE OF CONTENTS.

    The table of contents of this Act is as follows:

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

       DIVISION A--DEPARTMENT OF DEFENSE APPROPRIATIONS ACT, 2012

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

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

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

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

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

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

Title I--Departmental management and operations

[[Page 125 STAT. 787]]

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

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

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

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

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

         DIVISION G--LEGISLATIVE BRANCH APPROPRIATIONS ACT, 2012

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

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

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

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

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


SEC. 3. <<NOTE: 1 USC 1 note.>> REFERENCES.

    Except as expressly provided otherwise, any reference to ``this 
Act'' contained in any division of this Act shall be treated as 
referring only to the provisions of that division.
SEC. 4. STATEMENT OF APPROPRIATIONS.

    The following sums in this Act are appropriated, out of any money in 
the Treasury not otherwise appropriated, for the fiscal year ending 
September 30, 2012.
SEC. 5. AVAILABILITY OF FUNDS.

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

[[Page 125 STAT. 788]]

 DIVISION <<NOTE: Department of Defense Appropriations Act, 2012.>> A--
DEPARTMENT OF DEFENSE APPROPRIATIONS ACT, 2012

                                 TITLE I

                        Military Personnel, Army

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

                        Military Personnel, Navy

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

                    Military Personnel, Marine Corps

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

                      Military Personnel, Air Force

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

[[Page 125 STAT. 789]]

                         Reserve Personnel, Army

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

                         Reserve Personnel, Navy

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

                     Reserve Personnel, Marine Corps

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

                      Reserve Personnel, Air Force

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

                     National Guard Personnel, Army

    For pay, allowances, clothing, subsistence, gratuities, travel, and 
related expenses for personnel of the Army National Guard

[[Page 125 STAT. 790]]

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

                   National Guard Personnel, Air Force

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

                                TITLE II

                        OPERATION AND MAINTENANCE

                     Operation and Maintenance, Army

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

                     Operation and Maintenance, Navy

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

                 Operation and Maintenance, Marine Corps

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

                  Operation and Maintenance, Air Force

    For expenses, not otherwise provided for, necessary for the 
operation and maintenance of the Air Force, as authorized by law;

[[Page 125 STAT. 791]]

and not to exceed $7,699,000 can be used for emergencies and 
extraordinary expenses, to be expended on the approval or authority of 
the Secretary of the Air Force, and payments may be made on his 
certificate of necessity for confidential military purposes, 
$34,985,486,000.

                 Operation and Maintenance, Defense-Wide

                      (including transfer of funds)

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

                 Operation and Maintenance, Army Reserve

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

                 Operation and Maintenance, Navy Reserve

    For expenses, not otherwise provided for, necessary for the 
operation and maintenance, including training, organization, and

[[Page 125 STAT. 792]]

administration, of the Navy Reserve; repair of facilities and equipment; 
hire of passenger motor vehicles; travel and transportation; care of the 
dead; recruiting; procurement of services, supplies, and equipment; and 
communications, $1,305,134,000.

             Operation and Maintenance, Marine Corps Reserve

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

              Operation and Maintenance, Air Force Reserve

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

             Operation and Maintenance, Army National Guard

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

              Operation and Maintenance, Air National Guard

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

[[Page 125 STAT. 793]]

           United States Court of Appeals for the Armed Forces

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

                     Environmental Restoration, Army

                      (including transfer of funds)

    For the Department of the Army, $346,031,000, to remain available 
until transferred:  Provided, <<NOTE: Determination.>> 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 <<NOTE: Determinations.>> 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 <<NOTE: Determinations.>> the Department of the Air Force, 
$525,453,000, to remain available until transferred:  Provided, That the 
Secretary of the Air Force shall, upon determining that such funds are 
required for environmental restoration, reduction and recycling of 
hazardous waste, removal of unsafe buildings and debris of the 
Department of the Air Force, or for similar purposes, transfer the funds 
made

[[Page 125 STAT. 794]]

available by this appropriation to other appropriations made available 
to the Department of the Air Force, to be merged with and to be 
available for the same purposes and for the same time period as the 
appropriations to which transferred:  Provided further, That upon a 
determination that all or part of the funds transferred from this 
appropriation are not necessary for the purposes provided herein, such 
amounts may be transferred back to this appropriation:  Provided 
further, That the transfer authority provided under this heading is in 
addition to any other transfer authority provided elsewhere in this Act.

                 Environmental Restoration, Defense-Wide

                      (including transfer of funds)

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

             Overseas Humanitarian, Disaster, and Civic Aid

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

[[Page 125 STAT. 795]]

and 2561 of title 10, United States Code), $107,662,000, to remain 
available until September 30, 2013.

                  Cooperative Threat Reduction Account

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

      Department of Defense Acquisition Workforce Development Fund

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

                                TITLE III

                               PROCUREMENT

                       Aircraft Procurement, Army

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

                        Missile Procurement, Army

    For construction, procurement, production, modification, and 
modernization of missiles, equipment, including ordnance, ground 
handling equipment, spare parts, and accessories therefor; specialized 
equipment and training devices; expansion of public and private plants, 
including the land necessary therefor, for the foregoing purposes, and 
such lands and interests therein, may be acquired, and construction 
prosecuted thereon prior to approval of title; and

[[Page 125 STAT. 796]]

procurement and installation of equipment, appliances, and machine tools 
in public and private plants; reserve plant and Government and 
contractor-owned equipment layaway; and other expenses necessary for the 
foregoing purposes, $1,461,223,000, to remain available for obligation 
until September 30, 2014.

        Procurement of Weapons and Tracked Combat Vehicles, Army

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

                     Procurement of Ammunition, Army

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

                         Other Procurement, Army

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

                       Aircraft Procurement, Navy

    For construction, procurement, production, modification, and 
modernization of aircraft, equipment, including ordnance, spare

[[Page 125 STAT. 797]]

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

                        Weapons Procurement, Navy

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

            Procurement of Ammunition, Navy and Marine Corps

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

                    Shipbuilding and Conversion, Navy

    For expenses necessary for the construction, acquisition, or 
conversion of vessels as authorized by law, including armor and armament 
thereof, plant equipment, appliances, and machine tools and installation 
thereof in public and private plants; reserve plant and Government and 
contractor-owned equipment layaway; procurement of critical, long lead 
time components and designs for vessels to be constructed or converted 
in the future; and expansion of public and private plants, including 
land necessary therefor, and such lands and interests therein, may be 
acquired, and construction prosecuted thereon prior to approval of 
title, as follows:
            Carrier Replacement Program (AP), $554,798,000;
            Virginia Class Submarine, $3,221,314,000;
            Virginia Class Submarine (AP), $1,461,361,000;
            CVN Refuelings (AP), $529,652,000;
            DDG-1000 Program, $453,727,000;
            DDG-51 Destroyer, $1,980,709,000;
            DDG-51 Destroyer (AP), $100,723,000;

[[Page 125 STAT. 798]]

            Littoral Combat Ship, $1,755,093,000;
            LPD-17, $1,837,444,000;
            LHA-Replacement, $1,999,191,000;
            Joint High Speed Vessel, $372,332,000;
            Oceanographic Ships, $89,000,000;
            Moored Training Ship, $131,200,000;
            LCAC Service Life Extension Program, $84,076,000;
            Service Craft, $3,863,000; and
            For outfitting, post delivery, conversions, and first 
        destination transportation, $270,639,000.
            Completion of Prior Year Shipbuilding Programs, $73,992,000.

    In all: $14,919,114,000, to remain available for obligation until 
September 30, 2016:  Provided, That additional obligations may be 
incurred after September 30, 2016, for engineering services, tests, 
evaluations, and other such budgeted work that must be performed in the 
final stage of ship <<NOTE: Vessels.>> construction:  Provided further, 
That none of the funds provided under this heading for the construction 
or conversion of any naval vessel to be constructed in shipyards in the 
United States shall be expended in foreign facilities for the 
construction of major components of such vessel:  Provided further, That 
none of the funds provided under this heading shall be used for the 
construction of any naval vessel in foreign shipyards.

                         Other Procurement, Navy

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

                        Procurement, Marine Corps

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

[[Page 125 STAT. 799]]

                     Aircraft Procurement, Air Force

                      (including transfer of funds)

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

                     Missile Procurement, Air Force

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

                  Procurement of Ammunition, Air Force

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

                      Other Procurement, Air Force

    For procurement and modification of equipment (including ground 
guidance and electronic control equipment, and ground electronic and 
communication equipment), and supplies, materials, and

[[Page 125 STAT. 800]]

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

                        Procurement, Defense-Wide

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

                    Defense Production Act Purchases

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

                                TITLE IV

               RESEARCH, DEVELOPMENT, TEST AND EVALUATION

            Research, Development, Test and Evaluation, Army

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

            Research, Development, Test and Evaluation, Navy

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

[[Page 125 STAT. 801]]

          Research, Development, Test and Evaluation, Air Force

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

        Research, Development, Test and Evaluation, Defense-Wide

                      (including transfer of funds)

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

                Operational Test and Evaluation, Defense

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

                                 TITLE V

                     REVOLVING AND MANAGEMENT FUNDS

                      Defense Working Capital Funds

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

[[Page 125 STAT. 802]]

                      National Defense Sealift Fund

    For National Defense Sealift Fund programs, projects, and 
activities, and for expenses of the National Defense Reserve Fleet, as 
established by section 11 of the Merchant Ship Sales Act of 1946 (50 
U.S.C. App. 1744), and for the necessary expenses to maintain and 
preserve a U.S.-flag merchant fleet to serve the national security needs 
of the United States, $1,100,519,000, to remain available until 
expended:  Provided, <<NOTE: Contracts.>> 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, <<NOTE: Contracts.>> 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, <<NOTE: Waiver authority. Certification.>> That the Secretary 
of the military department responsible for such procurement may waive 
the restrictions in the first proviso on a case-by-case basis by 
certifying in writing to the Committees on Appropriations of the House 
of Representatives and the Senate that adequate domestic supplies are 
not available to meet Department of Defense requirements on a timely 
basis and that such an acquisition must be made in order to acquire 
capability for national security purposes.

                                TITLE VI

                  OTHER DEPARTMENT OF DEFENSE PROGRAMS

                         Defense Health Program

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

           Chemical Agents and Munitions Destruction, Defense

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

[[Page 125 STAT. 803]]

that are not in the chemical weapon stockpile, $1,554,422,000, of which 
$1,147,691,000 shall be for operation and maintenance, of which no less 
than $71,211,000, shall be for the Chemical Stockpile Emergency 
Preparedness Program, consisting of $19,211,000 for activities on 
military installations and $52,000,000, to remain available until 
September 30, 2013, to assist State and local governments and 
$406,731,000, to remain available until September 30, 2013, shall be for 
research, development, test and evaluation, of which $401,768,000 shall 
only be for the Assembled Chemical Weapons Alternatives (ACWA) program.

         Drug Interdiction and Counter-Drug Activities, Defense

                      (including transfer of funds)

    For drug interdiction and counter-drug activities of the Department 
of Defense, for transfer to appropriations available to the Department 
of Defense for military personnel of the reserve components serving 
under the provisions of title 10 and title 32, United States Code; for 
operation and maintenance; for procurement; and for research, 
development, test and evaluation, $1,209,620,000:  Provided, That the 
funds appropriated under this heading shall be available for obligation 
for the same time period and for the same purpose as the appropriation 
to which <<NOTE: Determination.>> 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, <<NOTE: Implementation plan.>> That $23,000,000 
may not be obligated or expended until the Secretary of Defense submits 
an implementation plan for the expansion of prescription drug testing to 
the congressional defense committees.

                     Office of the Inspector General

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

                                TITLE VII

                            RELATED AGENCIES

    Central Intelligence Agency Retirement and Disability System Fund

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

[[Page 125 STAT. 804]]

for continuing the operation of the Central Intelligence Agency 
Retirement and Disability System, $513,700,000.

                Intelligence Community Management Account

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

                               TITLE VIII

                           GENERAL PROVISIONS

    Sec. 8001.  No part of any appropriation contained in this Act shall 
be used for publicity or propaganda purposes not authorized by the 
Congress.
    Sec. 8002.  <<NOTE: 10 USC 1584 note.>> 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, <<NOTE: Pay 
rates. Foreign nationals.>> 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, <<NOTE: Turkey.>> That the limitations of this provision shall 
not apply to foreign national employees of the Department of Defense in 
the Republic of Turkey.

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

                           (transfer of funds)

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

[[Page 125 STAT. 805]]

has been denied by the Congress:  Provided 
further, <<NOTE: Notification.>> 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, <<NOTE: Reprogramming requests.>> 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, <<NOTE: Deadline.>> 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, <<NOTE: Applicability.>> That section 8005 shall apply when 
transfers of the amounts described in subsection (a) occur between 
appropriation accounts.

    Sec. 8007. (a) <<NOTE: Deadline. Reports.>> 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) <<NOTE: Certification.>> Notwithstanding section 8005 of this 
Act, none of the funds provided in this Act shall be available for 
reprogramming or transfer until the report identified in subsection (a) 
is submitted to the congressional defense committees, unless the 
Secretary of Defense certifies in writing to the congressional defense 
committees that such reprogramming or transfer is necessary as an 
emergency requirement.

                           (transfer of funds)

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

[[Page 125 STAT. 806]]

pursuant to section 2208 of title 10, United States Code, may be 
maintained in only such amounts as are necessary at any time for cash 
disbursements to be made from such funds:  Provided, That transfers may 
be made between such <<NOTE: Notification.>> 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. <<NOTE: Notification.>> 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.  <<NOTE: Notification. Deadline.>> 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.  <<NOTE: Contracts. Notification. Deadlines. 10 USC 2306b 
note.>> 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, <<NOTE: Deadline. Notification.>> 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) <<NOTE: Budget request.>> the Secretary of Defense has 
        submitted to Congress a budget request for full funding of units 
        to be procured through the contract and, in the case of a 
        contract for procurement of aircraft, that includes, for any 
        aircraft unit to be procured through the contract for which 
        procurement funds are requested in that budget request for 
        production beyond advance procurement activities in the fiscal 
        year covered by the budget, full funding of procurement of such 
        unit in that fiscal year;
            (2) cancellation provisions in the contract do not include 
        consideration of recurring manufacturing costs of the contractor 
        associated with the production of unfunded units to be delivered 
        under the contract;

[[Page 125 STAT. 807]]

            (3) the contract provides that payments to the contractor 
        under the contract shall not be made in advance of incurred 
        costs on funded units; and
            (4) the contract does not provide for a price adjustment 
        based on a failure to award a follow-on contract.

     Funds appropriated in title III of this Act may be used for a 
multiyear procurement contract as follows:
     UH-60M/HH-60M and MH-60R/MH-60S Helicopter Airframes; and MH-60R/S 
Mission Avionics and Common Cockpits.
    Sec. 8011.  Within the funds appropriated for the operation and 
maintenance of the Armed Forces, funds are hereby appropriated pursuant 
to section 401 of title 10, United States Code, for humanitarian and 
civic assistance costs under chapter 20 of title 10, United States 
Code. <<NOTE: Reports.>> 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, <<NOTE: Humanitarian assistance. Territories.>> 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) <<NOTE: Budget request. Effective date.>> 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.  <<NOTE: Lobbying.>> None of the funds made available by 
this Act shall be used in any way, directly or indirectly, to influence 
congressional action on any legislation or appropriation matters pending 
before the Congress.

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

[[Page 125 STAT. 808]]

have reenlisted with this option prior to October 
1, <<NOTE: Applicability.>> 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.  <<NOTE: Anchor and mooring chain.>> 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 <<NOTE: Waiver authority. Certification.>> 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.  <<NOTE: Arms and munitions. Certification.>> 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, <<NOTE: Waiver authority. Certification.>> 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.  <<NOTE: Contracts.>> In addition to the funds provided 
elsewhere in this Act, $15,000,000 is appropriated only for incentive 
payments authorized by section 504 of the Indian Financing Act of 1974

[[Page 125 STAT. 809]]

(25 U.S.C. 1544):  Provided, That a prime contractor or a subcontractor 
at any tier that makes a subcontract award to any subcontractor or 
supplier as defined in section 1544 of title 25, United States Code, or 
a small business owned and controlled by an individual or individuals 
defined under section 4221(9) of title 25, United States Code, shall be 
considered a contractor for the purposes of being allowed additional 
compensation under section 504 of the Indian Financing Act of 1974 (25 
U.S.C. 1544) whenever the prime contract or subcontract amount is over 
$500,000 and involves the expenditure of funds appropriated by an Act 
making Appropriations for the Department of Defense with respect to any 
fiscal year:  Provided further, <<NOTE: Applicability.>> 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.  <<NOTE: Kuwait.>> During the current fiscal year, the 
Department of Defense is authorized to incur obligations of not to 
exceed $350,000,000 for purposes specified in section 2350j(c) of title 
10, United States Code, in anticipation of receipt of contributions, 
only from the Government of Kuwait, under that section:  Provided, That 
upon receipt, such contributions from the Government of Kuwait shall be 
credited to the appropriations or fund which incurred such obligations.

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

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

[[Page 125 STAT. 810]]

of such entity, or as a paid consultant by more than one FFRDC in a 
fiscal year:  Provided, That a member of any such entity referred to 
previously in this subsection shall be allowed travel expenses and per 
diem as authorized under the Federal Joint Travel Regulations, when 
engaged in the performance of membership duties.
    (c) Notwithstanding any other provision of law, none of the funds 
available to the department from any source during fiscal year 2012 may 
be used by a defense FFRDC, through a fee or other payment mechanism, 
for construction of new buildings, for payment of cost sharing for 
projects funded by Government grants, for absorption of contract 
overruns, or for certain charitable contributions, not to include 
employee participation in community service and/or development.
    (d) Notwithstanding any other provision of law, of the funds 
available to the department during fiscal year 2012, not more than 5,750 
staff years of technical effort (staff years) may be funded for defense 
FFRDCs:  Provided, That of the specific amount referred to previously in 
this subsection, not more than 1,125 staff years may be funded for the 
defense studies and analysis FFRDCs:  Provided further, That this 
subsection shall not apply to staff years funded in the National 
Intelligence Program (NIP) and the Military Intelligence Program (MIP).
    (e) <<NOTE: Reports.>> 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.  <<NOTE: Contracts.>> 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, <<NOTE: Applicability.>> 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, <<NOTE: Waiver authority. Certification.>> 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.  <<NOTE: Definition.>> For the purposes of this Act, the 
term ``congressional defense committees'' means the Armed Services 
Committee of the House of Representatives, the Armed Services Committee 
of the Senate, the Subcommittee on Defense of the Committee on 
Appropriations of the Senate, and the Subcommittee on Defense of the 
Committee on Appropriations of the House of Representatives.

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

[[Page 125 STAT. 811]]

repair of aircraft, vehicles and vessels as well as the production of 
components and other Defense-related articles, through competition 
between Department of Defense depot maintenance activities and private 
firms:  Provided, <<NOTE: Certification.>> 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) <<NOTE: Determination. Contracts. Rescission. 41 
USC 8304 note.>> 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) <<NOTE: Memorandum.>> 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) <<NOTE: Reports.>> 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) <<NOTE: Definition.>> 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) <<NOTE: Housing. Native Americans. State 
listing.>> Notwithstanding any other provision of law, the Secretary of 
the Air Force may convey at no cost to the Air Force, without 
consideration, to Indian tribes located in the States of Nevada, Idaho, 
North Dakota, South Dakota, Montana, Oregon, Minnesota, and Washington 
relocatable military housing units located at Grand Forks Air Force 
Base, Malmstrom Air Force Base, Mountain Home Air Force Base, Ellsworth 
Air Force Base, and Minot Air Force Base that are excess to the needs of 
the Air Force.

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

[[Page 125 STAT. 812]]

that the housing units shall be removed within a reasonable period of 
time, as determined by the Secretary.
    (c) The Operation Walking Shield Program shall resolve any conflicts 
among requests of Indian tribes for housing units under subsection (a) 
before submitting requests to the Secretary of the Air Force under 
subsection (b).
    (d) <<NOTE: Definition.>> 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) <<NOTE: Budget request.>> 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, <<NOTE: 50 USC 403 note.>> That funds appropriated, 
transferred, or otherwise credited to the Central Intelligence Agency 
Central Services Working Capital Fund during this or any prior or 
subsequent fiscal year shall remain available until expended:  Provided 
further, That any funds appropriated or transferred to the Central 
Intelligence Agency for advanced research and development acquisition, 
for agent operations, and for covert action programs authorized by the 
President under section 503 of the National Security Act of 1947, as 
amended, shall remain available until September 30, 2013.

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

[[Page 125 STAT. 813]]

    Sec. 8034.  Of the funds appropriated to the Department of Defense 
under the heading ``Operation and Maintenance, Defense-Wide'', not less 
than $12,000,000 shall be made available only for the mitigation of 
environmental impacts, including training and technical assistance to 
tribes, related administrative support, the gathering of information, 
documenting of environmental damage, and developing a system for 
prioritization of mitigation and cost to complete estimates for 
mitigation, on Indian lands resulting from Department of Defense 
activities.
    Sec. 8035. (a) None of the funds appropriated in this Act may be 
expended by an entity of the Department of Defense unless the entity, in 
expending the funds, complies with the Buy American Act. For purposes of 
this subsection, the term ``Buy American Act'' means chapter 83 of title 
41, United States Code.
    (b) <<NOTE: Determination. Labeling. Fraud. Debarment.>> 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.  <<NOTE: Contracts. Determination.>> 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, <<NOTE: Determination.>> That this limitation shall 
        not apply to contracts in an amount of less than $25,000, 
        contracts related to improvements of equipment that is in 
        development or production, or contracts as to which a civilian 
        official of the Department of Defense, who has been confirmed by 
        the Senate, determines that the award of such contract is in the 
        interest of the national defense.

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

[[Page 125 STAT. 814]]

    (b) <<NOTE: Waiver authority. Determination. Certification.>> 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.  <<NOTE: Grants.>> 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) <<NOTE: Contracts.>> The Department of Defense, without 
regard to subsection (a) of this section or subsection (a), (b), or (c) 
of section 2461

[[Page 125 STAT. 815]]

of title 10, United States Code, and notwithstanding any administrative 
regulation, requirement, or policy to the contrary shall have full 
authority to enter into a contract for the performance of any commercial 
or industrial type function of the Department of Defense that--
                    (A) is included on the procurement list established 
                pursuant to section 2 of the Javits-Wagner-O'Day Act 
                (section 8503 of title 41, United States Code);
                    (B) is planned to be converted to performance by a 
                qualified nonprofit agency for the blind or by a 
                qualified nonprofit agency for other severely 
                handicapped individuals in accordance with that Act; or
                    (C) is planned to be converted to performance by a 
                qualified firm under at least 51 percent ownership by an 
                Indian tribe, as defined in section 4(e) of the Indian 
                Self-Determination and Education Assistance Act (25 
                U.S.C. 450b(e)), or a Native Hawaiian Organization, as 
                defined in section 8(a)(15) of the Small Business Act 
                (15 U.S.C. 637(a)(15)).
            (2) This section shall not apply to depot contracts or 
        contracts for depot maintenance as provided in sections 2469 and 
        2474 of title 10, United States Code.

    (c) The conversion of any activity or function of the Department of 
Defense under the authority provided by this section shall be credited 
toward any competitive or outsourcing goal, target, or measurement that 
may be established by statute, regulation, or policy and is deemed to be 
awarded under the authority of, and in compliance with, subsection (h) 
of section 2304 of title 10, United States Code, for the competition or 
outsourcing of commercial activities.

                              (rescissions)

    Sec. 8040.  Of the funds appropriated in Department of Defense 
Appropriations Acts, the following funds are hereby rescinded from the 
following accounts and programs in the specified amounts:
            ``National Defense Sealift Fund, 2002/XXXX'', $20,444,000;
            ``National Defense Sealift Fund, 2003/XXXX'', $8,500,000;
            ``National Defense Sealift Fund, 2004/XXXX'', $6,500,000;
            ``Aircraft Procurement, Army, 2010/2012'', $5,100,000;
            ``Procurement of Weapons and Tracked Combat Vehicles, Army, 
        2010/2012'', $4,353,000;
            ``Procurement of Ammunition, Army, 2010/2012'', $21,674,000;
            ``Other Procurement, Army, 2010/2012'', $58,647,000;
            ``Aircraft Procurement, Navy, 2010/2012'', $90,000,000;
            ``Aircraft Procurement, Air Force, 2010/2012'', $32,897,000;
            ``Missile Procurement, Air Force, 2010/2012'', $3,889,000;
            ``Other Procurement, Air Force, 2010/2012'', $12,200,000;
            ``Procurement, Defense-Wide, 2010/2012'', $716,000;
            ``Aircraft Procurement, Army, 2011/2013'', $21,500,000;
            ``Missile Procurement, Army, 2011/2013'', $99,800,000;
            ``Procurement of Weapons and Tracked Combat Vehicles, Army, 
        2011/2013'', $18,834,000;
            ``Procurement of Ammunition, Army, 2011/2013'', $15,000,000;
            ``Other Procurement, Army, 2011/2013'', $438,436,000;

[[Page 125 STAT. 816]]

            ``Aircraft Procurement, Navy, 2011/2013'', $78,000,000;
            ``Weapons Procurement, Navy, 2011/2013'', $34,276,000;
            ``Procurement of Ammunition, Navy and Marine Corps, 2011/
        2013'', $28,262,000;
            ``Other Procurement, Navy, 2011/2013'', $59,598,000;
            Under the heading, ``Shipbuilding and Conversion, Navy, 
        2011/2015'': Littoral Combat Ship Advance Procurement: 
        $110,351,000;
            ``Aircraft Procurement, Air Force, 2011/2013'', 
        $220,213,000;
            ``Missile Procurement, Air Force, 2011/2013'', $193,900,000;
            ``Other Procurement, Air Force, 2011/2013'', $52,868,000;
            ``Procurement, Defense-Wide, 2011/2013'', $4,312,000;
            ``Research, Development, Test and Evaluation, Army, 2011/
        2012'', $356,625,000;
            ``Research, Development, Test and Evaluation, Navy, 2011/
        2012'', $65,687,000;
            ``Research, Development, Test and Evaluation, Air Force, 
        2011/2012'', $258,094,000;
            ``Research, Development, Test and Evaluation, Defense-Wide, 
        2011/2012'', $254,284,000;
            ``Defense Health Program, 2011/2012'', $257,000:
             Provided, That the funds rescinded from the National 
        Defense Sealift accounts are those described under the heading 
        ``National Defense Sealift Fund'' in Public Law 107-117, Public 
        Law 107-248, and Public Law 108-87, or for the purposes 
        described in section 115 of division H of Public Law 108-199, as 
        amended by section 1017 of division A of Public Law 109-13.

    Sec. 8041.  None of the funds available in this Act may be used to 
reduce the authorized positions for military technicians (dual status) 
of the Army National Guard, Air National Guard, Army Reserve and Air 
Force Reserve for the purpose of applying any administratively imposed 
civilian personnel ceiling, freeze, or reduction on military technicians 
(dual status), unless such reductions are a direct result of a reduction 
in military force structure.
    Sec. 8042.  <<NOTE: North Korea.>> 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, <<NOTE: Waiver 
authority. Certification.>> That the Service Surgeons General may waive 
this section by certifying to the

[[Page 125 STAT. 817]]

congressional defense committees that the beneficiary population is 
declining in some catchment areas and civilian strength reductions may 
be consistent with responsible resource stewardship and capitation-based 
budgeting.

    Sec. 8045. <<NOTE: Drugs and drug abuse. 10 USC 374 note.>> (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) <<NOTE: 50 USC 403f note.>> 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.  <<NOTE: Ball and roller bearings.>> 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 <<NOTE: Waiver authority. Certification.>> 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, <<NOTE: Applicability.>> 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.  <<NOTE: Supercomputer. Certification.>> 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.  <<NOTE: Salaries.>> 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) <<NOTE: Notification. Deadline.>> 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) <<NOTE: Applicability.>> This section applies to--
            (1) any international peacekeeping or peace-enforcement 
        operation under the authority of chapter VI or chapter VII

[[Page 125 STAT. 818]]

        of the United Nations Charter under the authority of a United 
        Nations Security Council resolution; and
            (2) any other international peacekeeping, peace-enforcement, 
        or humanitarian assistance operation.

    (c) A notice under subsection (a) shall include the following:
            (1) A description of the equipment, supplies, or services to 
        be transferred.
            (2) A statement of the value of the equipment, supplies, or 
        services to be transferred.
            (3) In the case of a proposed transfer of equipment or 
        supplies--
                    (A) a statement of whether the inventory 
                requirements of all elements of the Armed Forces 
                (including the reserve components) for the type of 
                equipment or supplies to be transferred have been met; 
                and
                    (B) a statement of whether the items proposed to be 
                transferred will have to be replaced and, if so, how the 
                President proposes to provide funds for such 
                replacement.

    Sec. 8050.  <<NOTE: Contracts.>> None of the funds available to the 
Department of Defense under this Act shall be obligated or expended to 
pay a contractor under a contract with the Department of Defense for 
costs of any amount paid by the contractor to an employee when--
            (1) such costs are for a bonus or otherwise in excess of the 
        normal salary paid by the contractor to the employee; and
            (2) such bonus is part of restructuring costs associated 
        with a business combination.

                      (including transfer of funds)

    Sec. 8051.  During the current fiscal year, no more than $30,000,000 
of appropriations made in this Act under the heading ``Operation and 
Maintenance, Defense-Wide'' may be transferred to appropriations 
available for the pay of military personnel, to be merged with, and to 
be available for the same time period as the appropriations to which 
transferred, to be used in support of such personnel in connection with 
support and services for eligible organizations and activities outside 
the Department of Defense pursuant to section 2012 of title 10, United 
States Code.
    Sec. 8052.  During the current fiscal year, in the case of an 
appropriation account of the Department of Defense for which the period 
of availability for obligation has expired or which has closed under the 
provisions of section 1552 of title 31, United States Code, and which 
has a negative unliquidated or unexpended balance, an obligation or an 
adjustment of an obligation may be charged to any current appropriation 
account for the same purpose as the expired or closed account if--
            (1) the obligation would have been properly chargeable 
        (except as to amount) to the expired or closed account before 
        the end of the period of availability or closing of that 
        account;
            (2) the obligation is not otherwise properly chargeable to 
        any current appropriation account of the Department of Defense; 
        and
            (3) in the case of an expired account, the obligation is not 
        chargeable to a current appropriation of the Department of 
        Defense under the provisions of section 1405(b)(8) of the

[[Page 125 STAT. 819]]

        National Defense Authorization Act for Fiscal Year 1991, Public 
        Law 101-510, as amended (31 U.S.C. 1551 note):  Provided, That 
        in the case of an expired account, if subsequent review or 
        investigation discloses that there was not in fact a negative 
        unliquidated or unexpended balance in the account, any charge to 
        a current account under the authority of this section shall be 
        reversed and recorded against the expired account:  Provided 
        further, That the total amount charged to a current 
        appropriation under this section may not exceed an amount equal 
        to 1 percent of the total appropriation for that account.

    Sec. 8053. (a) Notwithstanding any other provision of law, the Chief 
of the National Guard Bureau may permit the use of equipment of the 
National Guard Distance Learning Project by any person or entity on a 
space-available, reimbursable <<NOTE: Reimbursement.>> 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.  <<NOTE: Germany.>> 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, <<NOTE: Anthracite.>> 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, <<NOTE: Waiver 
authority. Certification.>> 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) <<NOTE: Waiver authority. Determination.>> The 
Secretary of Defense may, on a case-by-case basis, waive with respect to 
a foreign country each limitation on the procurement of defense items 
from foreign sources provided

[[Page 125 STAT. 820]]

in law if the Secretary determines that the application of the 
limitation with respect to that country would invalidate cooperative 
programs entered into between the Department of Defense and the foreign 
country, or would invalidate reciprocal trade agreements for the 
procurement of defense items entered into under section 2531 of title 
10, United States Code, and the country does not discriminate against 
the same or similar defense items produced in the United States for that 
country.

    (b) <<NOTE: Applicability. Contracts.>> 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) <<NOTE: Human rights.>> 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) <<NOTE: Waiver authority. Determination.>> 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) <<NOTE: Deadline. Reports.>> 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.  <<NOTE: Deadline. Reports.>> Notwithstanding any other 
provision of law, funds appropriated in this Act under the heading 
``Research, Development, Test and Evaluation, Defense-Wide'' for any new 
start advanced concept technology demonstration project or joint 
capability demonstration project may only be obligated 45 days after a 
report,

[[Page 125 STAT. 821]]

including a description of the project, the planned acquisition and 
transition strategy and its estimated annual and total cost, has been 
provided in writing to the congressional defense committees:  
Provided, <<NOTE: Waiver authority. Certification.>> 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.  <<NOTE: Classified 
information. Deadlines. Reports. Effective date.>> 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 <<NOTE: Waiver 
authority. Certification.>> 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.  <<NOTE: Arms and munitions.>> 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.  <<NOTE: Waiver authority. Time period.>> Notwithstanding 
any other provision of law, the Chief of the National Guard Bureau, or 
his designee, may waive payment of all or part of the consideration that 
otherwise would be required under section 2667 of title 10, United 
States Code, in the case of a lease of personal property for a period 
not in excess of 1 year to any organization specified in section 508(d) 
of title 32, United States Code, or any other youth, social, or 
fraternal nonprofit organization as may be approved by the Chief of the 
National Guard Bureau, or his designee, on a case-by-case basis.

[[Page 125 STAT. 822]]

    Sec. 8066.  <<NOTE: Alcohol and alcoholic beverages.>> 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 <<NOTE: Applicability.>> 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, <<NOTE: Contracts. Real property.>> 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.  <<NOTE: Applicability.>> 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 <<NOTE: Grants. Fisher House 
Foundation, Inc.>> expended:  Provided, That notwithstanding any other 
provision of law, that upon the determination of the Secretary of 
Defense that it shall serve the national interest, these funds shall be 
available only for a grant to the Fisher House Foundation, Inc., only 
for the construction and furnishing of additional Fisher Houses to meet 
the needs of military family members when confronted with the illness or 
hospitalization of an eligible military beneficiary.

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

[[Page 125 STAT. 823]]

``Sec. 1790. MILITARY PERSONNEL CITIZENSHIP PROCESSING

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

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

                      (including transfer of funds)

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

[[Page 125 STAT. 824]]

                      (including transfer of funds)

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

                      (including transfer of funds)

    Sec. 8074. <<NOTE: Deadlines. Reports.>> (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.  <<NOTE: Notification.>> 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.  <<NOTE: 10 USC 221 note.>> The budget of the President 
for fiscal year 2013 submitted to the Congress pursuant to section 1105 
of title 31, United States Code, shall include separate budget 
justification documents for costs of United States Armed Forces' 
participation in contingency operations for the Military Personnel 
accounts, the

[[Page 125 STAT. 825]]

Operation and Maintenance accounts, and the Procurement accounts:  
Provided, That these documents shall include a description of the 
funding requested for each contingency operation, for each military 
service, to include all Active and Reserve components, and for each 
appropriations account:  Provided further, That these documents shall 
include estimated costs for each element of expense or object class, a 
reconciliation of increases and decreases for each contingency 
operation, and programmatic data including, but not limited to, troop 
strength for each Active and Reserve component, and estimates of the 
major weapons systems deployed in support of each contingency:  Provided 
further, That these documents shall include budget exhibits OP-5 and OP-
32 (as defined in the Department of Defense Financial Management 
Regulation) for all contingency operations for the budget year and the 
two preceding fiscal years.

    Sec. 8078.  None of the funds in this Act may be used for research, 
development, test, evaluation, procurement or deployment of nuclear 
armed interceptors of a missile defense system.

                      (including transfer of funds)

    Sec. 8079.  In addition to the amounts appropriated or otherwise 
made available elsewhere in this Act, $44,000,000 is hereby appropriated 
to the Department of Defense:  
Provided, <<NOTE: Determination. Grants.>> 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.  <<NOTE: 53rd Weather Reconnaissance Squadron.>> 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.  <<NOTE: Foreign intelligence.>> 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) <<NOTE: Notification. Deployment.>> 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) <<NOTE: Waiver authority. Determination.>> The Secretary of 
Defense may waive the requirements of subsection (a) in any case in 
which the Secretary determines that it is necessary to do so to respond 
to a national security emergency or to meet dire operational 
requirements of the Armed Forces.

[[Page 125 STAT. 826]]

                      (including transfer of funds)

    Sec. 8083.  The Secretary of Defense may transfer funds from any 
available Department of the Navy appropriation to any available Navy 
ship construction appropriation for the purpose of liquidating necessary 
changes resulting from inflation, market fluctuations, or rate 
adjustments for any ship construction program appropriated in law:  
Provided, That the Secretary may transfer not to exceed $100,000,000 
under the authority provided by this section:  Provided 
further, <<NOTE: Deadline. Reports.>> 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) <<NOTE: Tactical unmanned aerial vehicles.>> 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.  <<NOTE: Applicability.>> For purposes of section 1553(b) 
of title 31, United States Code, any subdivision of appropriations made 
in this Act under the heading ``Shipbuilding and Conversion, Navy'' 
shall be considered to be for the same purpose as any subdivision under 
the heading ``Shipbuilding and Conversion, Navy'' appropriations

[[Page 125 STAT. 827]]

in any prior fiscal year, and the 1 percent limitation shall apply to 
the total amount of the appropriation.

                      (including transfer of funds)

    Sec. 8089.  During the current fiscal year, not to exceed 
$200,000,000 from funds available under ``Operation and Maintenance, 
Defense-Wide'' may be transferred to the Department of State ``Global 
Security Contingency Fund'':  Provided, That this transfer authority is 
in addition to any other transfer authority available to the Department 
of <<NOTE: Deadline. Notification. Execution plan.>> 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.  <<NOTE: 50 USC 415a-2 note.>> 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) <<NOTE: Deadline. Reports.>> 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) <<NOTE: Certification.>> None of the funds provided for the 
National Intelligence Program in this Act shall be available for 
reprogramming or transfer until the report identified in subsection (a) 
is submitted to the congressional intelligence committees, unless the 
Director of National Intelligence certifies in writing to the 
congressional intelligence committees that such reprogramming or 
transfer is necessary as an emergency requirement.

[[Page 125 STAT. 828]]

    Sec. 8093. (a) <<NOTE: Notification. Deadlines.>> 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.  <<NOTE: Submission. 50 USC 415a-9 note.>> 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.  <<NOTE: Definition.>> 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.  <<NOTE: Reports. Deadlines.>> The Department of Defense 
shall continue to report incremental contingency operations costs for 
Operation New Dawn and Operation Enduring Freedom on a monthly basis in 
the Cost of War Execution Report as prescribed in the Department of 
Defense Financial Management Regulation Department of Defense 
Instruction 7000.14, Volume 12, Chapter 23 ``Contingency Operations'', 
Annex 1, dated September 2005.

                      (including transfer of funds)

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

[[Page 125 STAT. 829]]

                      (including transfer of funds)

    Sec. 8098.  Of the funds appropriated in the Intelligence Community 
Management Account for the Program Manager for the Information Sharing 
Environment, $20,000,000 is available for transfer by the Director of 
National Intelligence to other departments and agencies for purposes of 
Government-wide information sharing activities:  Provided, That funds 
transferred under this provision are to be merged with and available for 
the same purposes and time period as the appropriation to which 
transferred:  Provided further, That the Office of Management and Budget 
must approve any transfers made under this provision.
    Sec. 8099.  Funds appropriated by this Act for operation and 
maintenance may be available for the purpose of making remittances to 
the Defense Acquisition Workforce Development Fund in accordance with 
the requirements of section 1705 of title 10, United States Code.
    Sec. 8100. (a) <<NOTE: Web posting. Reports.>> 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) <<NOTE: Time period.>> 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. <<NOTE: Contracts.>> (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) <<NOTE: Certification.>> None of the funds appropriated or 
otherwise made available by this Act may be expended for any Federal 
contract unless the contractor certifies that it requires each covered 
subcontractor to agree not to enter into, and not to take any action to 
enforce any provision of, any agreement as described in paragraphs (1) 
and (2) of subsection (a), with respect to any employee or independent 
contractor performing work related to such subcontract. For purposes of 
this subsection, a ``covered subcontractor'' is an

[[Page 125 STAT. 830]]

entity that has a subcontract in excess of $1,000,000 on a contract 
subject to subsection (a).

    (c) The prohibitions in this section do not apply with respect to a 
contractor's or subcontractor's agreements with employees or independent 
contractors that may not be enforced in a court of the United States.
    (d) <<NOTE: Waiver authority. Determination.>> 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. <<NOTE: Public 
information. Deadline.>> 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. <<NOTE: Notice.>> 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.  <<NOTE: ACORN.>> None of the funds made available under 
this Act may be distributed to the Association of Community 
Organizations for Reform Now (ACORN) or its subsidiaries.

                      (including transfer of funds)

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

[[Page 125 STAT. 831]]

section 706 of Public Law 110-417:  Provided 
further, <<NOTE: Notification.>> 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 <<NOTE: Deadline. Strategic plan.>> 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.  <<NOTE: Review. Reports. Recommenda- tions.>> 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.  <<NOTE: Grants. Contracts. Guam.>> 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, <<NOTE: Deadline. Notification.>> That the 
Secretary of Defense shall, not fewer than 15 days prior to obligating 
funds for this purpose, notify the congressional defense committees in 
writing of the details of any such obligation.

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

[[Page 125 STAT. 832]]

of more than 2,000 parking spaces (other than handicap-reserved spaces) 
to be provided by the BRAC 133 <<NOTE: Waiver 
authority. Certification. Notification. Deadline.>> 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, <<NOTE: Recommenda- 
tions. Certification. Deadline.>> 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) <<NOTE: Reports. Deadline.>> 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.  <<NOTE: Deadlines. Reports.>> 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.  <<NOTE: Study. Reports. Deadline.>> The Secretary of 
Defense shall study and report to the Congressional Defense Committees 
the feasibility of using commercially available telecommunications 
expense management solutions across the Department of Defense by March 
1, 2012.

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

[[Page 125 STAT. 833]]

Intelligence Program budget from the Department of Defense budget.

                      (including transfer of funds)

    Sec. 8117.  <<NOTE: Determination.>> 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, <<NOTE: Reprogramming request. Deadline.>> 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, <<NOTE: Grants. Contracts.>> 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, <<NOTE: Determination.>> 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.  <<NOTE: Khalid Sheikh Mohammed. Detainees. Cuba.>> 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) <<NOTE: Cuba. Certification. Deadline.>> Except as 
provided in paragraph (2) and subsection (d), none of the funds 
appropriated or otherwise made available in this or any other Act may be 
used to transfer any individual detained at Guantanamo to the custody or 
control of the individual's country of origin, any other foreign 
country, or any other foreign entity unless the Secretary of Defense 
submits to Congress the certification described in subsection (b) not 
later than 30 days before the transfer of the individual.

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

[[Page 125 STAT. 834]]

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

[[Page 125 STAT. 835]]

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

[[Page 125 STAT. 836]]

                          (ii) otherwise under detention at United 
                      States Naval Station, Guantanamo Bay, Cuba.
            (3) The term ``foreign terrorist organization'' means any 
        organization so designated by the Secretary of State under 
        section 219 of the Immigration and Nationality Act (8 U.S.C. 
        1189).

    Sec. 8121. (a) None of the funds appropriated or otherwise made 
available in this or any other Act may be used to construct, acquire, or 
modify any facility in the United States, its territories, or 
possessions to house any individual described in subsection (c) for the 
purposes of detention or imprisonment in the custody or under the 
effective control of the Department of Defense.
    (b) The prohibition in subsection (a) shall not apply to any 
modification of facilities at United States Naval Station, Guantanamo 
Bay, Cuba.
    (c) An individual described in this subsection is any individual 
who, as of June 24, 2009, is located at United States Naval Station, 
Guantanamo Bay, Cuba, and who--
            (1) is not a citizen of the United States or a member of the 
        Armed Forces of the United States; and
            (2) is--
                    (A) in the custody or under the effective control of 
                the Department of Defense; or
                    (B) otherwise under detention at United States Naval 
                Station, Guantanamo Bay, Cuba.

    Sec. 8122.  Of the funds made available to the Department of Defense 
under ``Operation and Maintenance, Defense-Wide'' in title II, 
$1,000,000 may be available to the Department to competitively 
commission an independent assessment of the current and prospective 
situation on the ground in Afghanistan and Pakistan, including the 
strategic environment in and around Afghanistan and Pakistan; the 
security, political, and economic and reconstruction developments in 
those two countries; and relevant policy recommendations relating 
thereto.
    Sec. 8123.  <<NOTE: Deadline. Reports.>> Not later than 90 days 
after the date of the enactment of this Act, the Secretary of Defense 
shall submit to the congressional defense committees a report on the 
approximately $100,000,000,000 in efficiency savings identified by the 
military departments in the defense budget covering fiscal years 2012 
through 2016 that are to be reinvested in the priorities of the military 
departments. Such report shall include an analysis of--
            (1) each savings identified by the military departments, 
        including--
                    (A) the budget account from which such savings will 
                be derived;
                    (B) the number of military personnel and full-time 
                civilian employees of the Federal Government affected by 
                such savings;
                    (C) the estimated reductions in the number and 
                funding of contractor personnel caused by such savings; 
                and
                    (D) a specific description of activities or services 
                that will be affected by such savings, including the 
                locations of such activities or services; and
            (2) each reinvestment planned to be funded with such 
        savings, including--

[[Page 125 STAT. 837]]

                    (A) with respect to such reinvestment in procurement 
                and research, development, test and evaluation accounts, 
                the budget account to which such savings will be 
                reinvested, including, by line item, the number of items 
                to be procured, as shown in annual P-1 and R-1 
                documents;
                    (B) with respect to such reinvestment in military 
                personnel and operation and maintenance accounts, the 
                budget account and the subactivity (as shown in annual-1 
                and O-1 budget documents) to which such savings will be 
                reinvested;
                    (C) the number of military personnel and full-time 
                civilian employees of the Federal Government affected by 
                such reinvestment;
                    (D) the estimated number and funding of contractor 
                personnel affected by such reinvestment; and
                    (E) a specific description of activities or services 
                that will be affected by such reinvestment, including 
                the locations of such activities or services.

    Sec. 8124.  <<NOTE: Corporations. Tax 
liability. Determination.>> 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.  <<NOTE: Corporations. Criminal 
violation. Determination.>> 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, <<NOTE: Notification. Deadline.>> That the Secretary shall 
notify the congressional defense committees in writing of the details of 
any such transfer not fewer than 15 days prior to making such transfers: 
 Provided further, That funds transferred shall be merged with and be 
available for the same purposes and for the same time

[[Page 125 STAT. 838]]

period as the appropriations to which the funds are transferred:  
Provided further, That this transfer authority is in addition to any 
other transfer authority provided in this Act.

    Sec. 8127.  None of the funds made available by this Act may be used 
in contravention of section 1590 or 1591 of title 18, United States 
Code, or in contravention of the requirements of section 106(g) or (h) 
of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7104(g) or 
(h)).
    Sec. 8128.  <<NOTE: Country listing. Child soldiers.>> None of the 
funds made available by this Act for international military education 
and training, foreign military financing, excess defense articles, 
assistance under section 1206 of the National Defense Authorization Act 
for Fiscal Year 2006 (Public Law 109-163; 119 Stat. 3456), issuance for 
direct commercial sales of military equipment, or peacekeeping 
operations for the countries of Chad, Yemen, Somalia, Sudan, Democratic 
Republic of the Congo, and Burma may be used to support any military 
training or operations that include child soldiers, as defined by the 
Child Soldiers Prevention Act of 2008, and except if such assistance is 
otherwise permitted under section 404 of the Child Soldiers Prevention 
Act of 2008 (Public Law 110-457; 22 U.S.C. 2370c-1).

    Sec. 8129.  None of the funds made available by this Act may be used 
in contravention of the War Powers Resolution (50 U.S.C. 1541 et seq.).

                                TITLE IX

                     OVERSEAS CONTINGENCY OPERATIONS

                           MILITARY PERSONNEL

                        Military Personnel, Army

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

                        Military Personnel, Navy

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

                    Military Personnel, Marine Corps

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

[[Page 125 STAT. 839]]

                      Military Personnel, Air Force

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

                         Reserve Personnel, Army

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

                         Reserve Personnel, Navy

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

                     Reserve Personnel, Marine Corps

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

                      Reserve Personnel, Air Force

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

                     National Guard Personnel, Army

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

                   National Guard Personnel, Air Force

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

[[Page 125 STAT. 840]]

                        OPERATION AND MAINTENANCE

                     Operation and Maintenance, Army

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

                     Operation and Maintenance, Navy

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

                 Operation and Maintenance, Marine Corps

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

                  Operation and Maintenance, Air Force

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

                 Operation and Maintenance, Defense-Wide

    For an additional amount for ``Operation and Maintenance, Defense-
Wide'', $9,252,211,000:  Provided, That each amount in this section is 
designated by the Congress for Overseas Contingency Operations/Global 
War on Terrorism pursuant to section 251(b)(2)(A) of the Balanced Budget 
and Emergency Deficit Control Act of 1985:  Provided further, That of 
the funds provided under this heading: Not to exceed $1,690,000,000, to 
remain available until September 30, 2013, for payments to reimburse key 
cooperating nations for logistical, military, and other support, 
including access, provided to United States military operations in 
support of Operation Enduring Freedom, Operation New Dawn, and post-
operation Iraq border security related to the activities of the Office 
of Security Cooperation in Iraq, notwithstanding any other provision of 
law:  Provided further, <<NOTE: Notification.>> That such reimbursement 
payments may be made in such amounts as the Secretary of Defense, with 
the concurrence of the Secretary of State, and in consultation with the 
Director of the Office of Management and Budget, may determine, in his 
discretion, based on documentation determined by

[[Page 125 STAT. 841]]

the Secretary of Defense to adequately account for the support provided, 
and such determination is final and conclusive upon the accounting 
officers of the United States, and 15 days following notification to the 
appropriate congressional committees:  Provided further, That the 
requirement to provide notification shall not apply with respect to a 
reimbursement for access based on an international agreement:  Provided 
further, <<NOTE: Notification.>> 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, <<NOTE: Deadlines. Reports.>> That the Secretary of Defense 
shall provide quarterly reports to the congressional defense committees 
on the use of funds provided in this paragraph.

                 Operation and Maintenance, Army Reserve

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

                 Operation and Maintenance, Navy Reserve

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

             Operation and Maintenance, Marine Corps Reserve

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

              Operation and Maintenance, Air Force Reserve

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

             Operation and Maintenance, Army National Guard

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

[[Page 125 STAT. 842]]

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

              Operation and Maintenance, Air National Guard

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

                     Afghanistan Infrastructure Fund

                      (including transfer of funds)

    For the ``Afghanistan Infrastructure Fund'', $400,000,000, to remain 
available until September 30, 2013:  Provided, That such sums shall be 
available for infrastructure projects in Afghanistan, notwithstanding 
any other provision of law, which shall be undertaken by the Secretary 
of State, unless the Secretary of State and the Secretary of Defense 
jointly decide that a specific project will be undertaken by the 
Department of Defense:  Provided further, That the infrastructure 
referred to in the preceding proviso is in support of the 
counterinsurgency strategy, requiring funding for facility and 
infrastructure projects, including, but not limited to, water, power, 
and transportation projects and related maintenance and sustainment 
costs:  Provided further, That the authority to undertake such 
infrastructure projects is in addition to any other authority to provide 
assistance to foreign nations:  Provided further, That any projects 
funded by this appropriation shall be jointly formulated and concurred 
in by the Secretary of State and Secretary of Defense:  Provided 
further, That funds may be transferred to the Department of State for 
purposes of undertaking projects, which funds shall be considered to be 
economic assistance under the Foreign Assistance Act of 1961 for 
purposes of making available the administrative authorities contained in 
that Act:  Provided further, That the transfer authority in the 
preceding proviso is in addition to any other authority available to the 
Department of Defense to transfer funds:  Provided 
further, <<NOTE: Determination.>> 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, <<NOTE: Deadline. Notification.>> That the 
Secretary of Defense shall, not fewer than 15 days prior to making 
transfers to or from, or obligations from the Fund, notify the 
appropriate committees of Congress

[[Page 125 STAT. 843]]

in writing of the details of any such transfer:  Provided further, That 
the ``appropriate committees of Congress'' are the Committees on Armed 
Services, Foreign Relations and Appropriations of the Senate and the 
Committees on Armed Services, Foreign Affairs and Appropriations of the 
House of Representatives:  Provided further, That such amounts in this 
paragraph are designated by the Congress for Overseas Contingency 
Operations/Global War on Terrorism pursuant to section 251(b)(2)(A) of 
the Balanced Budget and Emergency Deficit Control Act of 1985.

                    Afghanistan Security Forces Fund

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

                               PROCUREMENT

                       Aircraft Procurement, Army

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

[[Page 125 STAT. 844]]

                        Missile Procurement, Army

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

        Procurement of Weapons and Tracked Combat Vehicles, Army

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

                     Procurement of Ammunition, Army

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

                         Other Procurement, Army

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

                       Aircraft Procurement, Navy

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

                        Weapons Procurement, Navy

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

[[Page 125 STAT. 845]]

            Procurement of Ammunition, Navy and Marine Corps

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

                         Other Procurement, Navy

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

                        Procurement, Marine Corps

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

                     Aircraft Procurement, Air Force

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

                     Missile Procurement, Air Force

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

                  Procurement of Ammunition, Air Force

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

                      Other Procurement, Air Force

    For an additional amount for ``Other Procurement, Air Force'', 
$3,088,510,000, to remain available until September 30, 2014:  Provided, 
That such amounts in this paragraph are designated by

[[Page 125 STAT. 846]]

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

                        Procurement, Defense-Wide

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

                  National Guard and Reserve Equipment

    For procurement of aircraft, missiles, tracked combat vehicles, 
ammunition, other weapons and other procurement for the reserve 
components of the Armed Forces, $1,000,000,000, to remain available for 
obligation until September 30, 2014:  
Provided, <<NOTE: Deadline. Assessment.>> 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, <<NOTE: Deadline. Notification.>> That the Secretary shall, not 
fewer than 10 days prior to making transfers from this appropriation, 
notify the congressional defense committees in writing of the details of 
any such transfer:  Provided further, That such amounts in this 
paragraph are designated by the Congress for Overseas Contingency 
Operations/Global War on Terrorism pursuant to section 251(b)(2)(A) of 
the Balanced Budget and Emergency Deficit Control Act of 1985.

[[Page 125 STAT. 847]]

               RESEARCH, DEVELOPMENT, TEST AND EVALUATION

            Research, Development, Test and Evaluation, Army

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

            Research, Development, Test and Evaluation, Navy

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

          Research, Development, Test and Evaluation, Air Force

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

        Research, Development, Test and Evaluation, Defense-Wide

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

                     REVOLVING AND MANAGEMENT FUNDS

                      Defense Working Capital Funds

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

                  OTHER DEPARTMENT OF DEFENSE PROGRAMS

                         Defense Health Program

    For an additional amount for ``Defense Health Program'', 
$1,228,288,000, which shall be for operation and maintenance, to remain 
available until September 30, 2012:  Provided, That such amounts in this 
paragraph are designated by the Congress for

[[Page 125 STAT. 848]]

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

         Drug Interdiction and Counter-Drug Activities, Defense

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

              Joint Improvised Explosive Device Defeat Fund

                      (including transfer of funds)

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

                     Office of the Inspector General

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

                     GENERAL PROVISIONS--THIS TITLE

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

[[Page 125 STAT. 849]]

                      (including transfer of funds)

    Sec. 9002.  <<NOTE: Determination.>> 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 <<NOTE: Notification.>> 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.  <<NOTE: Deadlines.>> 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, <<NOTE: Reports.>> 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 <<NOTE: Data submissions.>> 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 <<NOTE: Notice.>> Afghanistan:  Provided further, That not 
less than 15 days before making funds available pursuant to the 
authority provided in this section or under any other provision of law 
for the purposes described herein for a project with a total anticipated 
cost for completion of $5,000,000

[[Page 125 STAT. 850]]

or more, the Secretary shall submit to the congressional defense 
committees a written notice containing each of the following:
            (1) The location, nature and purpose of the proposed 
        project, including how the project is intended to advance the 
        military campaign plan for the country in which it is to be 
        carried out.
            (2) The budget, implementation timeline with milestones, and 
        completion date for the proposed project, including any other 
        CERP funding that has been or is anticipated to be contributed 
        to the completion of the project.
            (3) <<NOTE: Plans.>> 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, <<NOTE: Deadlines. Reports.>> That the Secretary 
of Defense shall provide quarterly reports to the congressional defense 
committees regarding support provided under this section.

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

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

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

[[Page 125 STAT. 851]]

$50,000,000 annually and any non-standard equipment requirements in 
excess of $100,000,000 using ASFF:  Provided further, That the AROC must 
approve all projects and the execution plan under the ``Afghanistan 
Infrastructure Fund'' (AIF) and any project in excess of $5,000,000 from 
the Commanders Emergency Response Program (CERP):  Provided 
further, <<NOTE: Certification.>> 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, <<NOTE: Determination.>> 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 <<NOTE: Deadline. Notice.>> 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, <<NOTE: Deadline. Notice.>> That not less than 15 days before 
making funds available pursuant to the authority provided in this 
section, the Secretary shall submit to the congressional defense 
committees a written notice containing a detailed justification and 
timeline for each proposed site.

[[Page 125 STAT. 852]]

    Sec. 9014.  The amounts appropriated in title IX of this Act are 
hereby reduced by $4,042,500,000 to reflect reduced troop strength in 
theater:  Provided, <<NOTE: Applicability.>> That the reductions shall 
be applied to the military personnel and operation and maintenance 
appropriations only:  Provided 
further, <<NOTE: Deadline. Notification.>> 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 <<NOTE: Energy and Water Development and Related Agencies 
      Appropriations Act, 2012.>> B--ENERGY AND WATER DEVELOPMENT 
APPROPRIATIONS ACT, 2012

                                 TITLE I

                        CORPS OF ENGINEERS--CIVIL

                         DEPARTMENT OF THE ARMY

                        Corps of Engineers--civil

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

                             investigations

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

[[Page 125 STAT. 853]]

                              construction

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

                    mississippi river and tributaries

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

                        operation and maintenance

    For expenses necessary for the operation, maintenance, and care of 
existing river and harbor, flood and storm damage reduction, aquatic 
ecosystem restoration, and related projects authorized by law; providing 
security for infrastructure owned or operated by the Corps, including 
administrative buildings and laboratories; maintaining harbor channels 
provided by a State, municipality, or other public agency that serve 
essential navigation needs of general commerce, where authorized by law; 
surveying and charting northern and northwestern lakes and connecting 
waters; clearing and straightening channels; and removing obstructions 
to navigation, $2,412,000,000, to remain available until expended, of 
which such sums as are necessary to cover the Federal share of eligible 
operation and maintenance costs for coastal harbors and channels, and 
for inland harbors shall be derived from the Harbor Maintenance Trust 
Fund; of which such sums as become available from the special account 
for the Corps of Engineers established by the Land and Water 
Conservation Fund Act of 1965 (16 U.S.C. 460l-6a(i)) shall be derived 
from that account for resource protection, research, interpretation, and 
maintenance activities related to resource protection in the areas at 
which outdoor recreation is available; and of which such sums as become 
available from fees collected under section 217 of Public Law 104-303 
shall be used to cover the cost of operation and maintenance of the 
dredged

[[Page 125 STAT. 854]]

material disposal facilities for which such fees have been collected:  
Provided, That 1 percent of the total amount of funds provided for each 
of the programs, projects or activities funded under this heading shall 
not be allocated to a field operating activity prior to the beginning of 
the fourth quarter of the fiscal year and shall be available for use by 
the Chief of Engineers to fund such emergency activities as the Chief of 
Engineers determines to be necessary and appropriate, and that the Chief 
of Engineers shall allocate during the fourth quarter any remaining 
funds which have not been used for emergency activities proportionally 
in accordance with the amounts provided for the programs, projects or 
activities.

                           regulatory program

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

             formerly utilized sites remedial action program

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

                  flood control and coastal emergencies

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

                                expenses

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

[[Page 125 STAT. 855]]

      office of the assistant secretary of the army for civil works

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

                        administrative provision

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

              general provisions--corps of engineers--civil

                     (including transfers of funds)

    Sec. 101. (a) None of the funds provided in title I of this Act, or 
provided by previous appropriations Acts to the agencies or entities 
funded in title I of this Act that remain available for obligation or 
expenditure in fiscal year 2012, shall be available for obligation or 
expenditure through a reprogramming of funds that:
            (1) creates or initiates a new program, project, or 
        activity;
            (2) eliminates a program, project, or activity;
            (3) increases funds or personnel for any program, project, 
        or activity for which funds have been denied or restricted by 
        this Act, unless prior approval is received from the House and 
        Senate Committees on Appropriations;
            (4) proposes to use funds directed for a specific activity 
        for a different purpose, unless prior approval is received from 
        the House and Senate Committees on Appropriations;
            (5) augments or reduces existing programs, projects or 
        activities in excess of the amounts contained in subsections 6 
        through 10, unless prior approval is received from the House and 
        Senate Committees on Appropriations;
            (6) Investigations.--For a base level over $100,000, 
        reprogramming of 25 percent of the base amount up to a limit of 
        $150,000 per project, study or activity is allowed:  Provided, 
        That for a base level less than $100,000, the reprogramming 
        limit is $25,000:  Provided further, That up to $25,000 may be 
        reprogrammed into any continuing study or activity that did not 
        receive an appropriation for existing obligations and 
        concomitant administrative expenses;
            (7) Construction.--For a base level over $2,000,000, 
        reprogramming of 15 percent of the base amount up to a limit of 
        $3,000,000 per project, study or activity is allowed:  Provided, 
        That for a base level less than $2,000,000, the reprogramming 
        limit is $300,000:  Provided further, That up to $3,000,000 may 
        be reprogrammed for settled contractor claims, changed 
        conditions, or real estate deficiency judgments:  Provided 
        further, That up to $300,000 may be reprogrammed into any 
        continuing study or activity that did not receive an 
        appropriation for existing obligations and concomitant 
        administrative expenses;
            (8) Operation and maintenance.--Unlimited reprogramming 
        authority is granted in order for the Corps to be able

[[Page 125 STAT. 856]]

        to respond to emergencies:  
        Provided, <<NOTE: Notification.>> 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) <<NOTE: Deadline. Reports.>> 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.  <<NOTE: Deadline. Reports.>> 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.  <<NOTE: Time period. Determination.>> During the fiscal 
year period covered by this Act, the Secretary of the Army is authorized 
to implement measures

[[Page 125 STAT. 857]]

recommended in the efficacy study authorized under section 3061 of the 
Water Resources Development Act of 2007 (121 Stat. 1121) or in interim 
reports, with such modifications or emergency measures as the Secretary 
of the Army determines to be appropriate, to prevent aquatic nuisance 
species from dispersing into the Great Lakes by way of any hydrologic 
connection between the Great Lakes and the Mississippi River Basin.

    Sec. 106.  The Secretary is authorized to transfer to ``Corps of 
Engineers--Civil--Construction'' up to $100,000,000 of the funds 
provided for reinforcing or replacing flood walls under the heading 
``Corps of Engineers--Civil--Flood Control and Coastal Emergencies'' in 
Public Law 109-234 and Public Law 110-252 and up to $75,000,000 of the 
funds provided for projects and measures for the West Bank and Vicinity 
and Lake Ponchartrain and Vicinity projects under the heading ``Corps of 
Engineers--Civil--Flood Control and Coastal Emergencies'' in Public Law 
110-28, to be used with funds provided for the West Bank and Vicinity 
project under the heading ``Corps of Engineers--Civil--Construction'' in 
Public Law 110-252 and Public Law 110-329, consistent with 65 percent 
Federal and 35 percent non-Federal cost share and the financing of, and 
payment terms for, the non-Federal cash contribution associated with the 
West Bank and Vicinity project.
    Sec. 107.  The Secretary of the Army may transfer to the Fish and 
Wildlife Service, and the Fish and Wildlife Service may accept and 
expend, up to $3,800,000 of funds provided in this title under the 
heading ``Operation and Maintenance'' to mitigate for fisheries lost due 
to Corps of Engineers projects.
    Sec. 108.  The Secretary of the Army may authorize a member of the 
Armed Forces under the Secretary's jurisdiction and employees of the 
Department of the Army to serve without compensation as director, 
officer, or otherwise in the management of the organization established 
to support and maintain the participation of the United States in the 
permanent international commission of the congresses of navigation, or 
any successor entity.
    Sec. 109. (a) Acquisition.--The <<NOTE: Real property. New 
Hampshire.>> Secretary is authorized to acquire any real property and 
associated real property interests in the vicinity of Hanover, New 
Hampshire as may be needed for the Engineer Research and Development 
Center laboratory facilities at the Cold Regions Research and 
Engineering Laboratory. This real property to be acquired consists of 
18.5 acres more or less, identified as Tracts 101-1 and 101-2, together 
with all necessary easements located entirely within the Town of 
Hanover, New Hampshire. The real property is generally bounded to the 
east by state route 10-Lyme Road, to the north by the vacant property of 
the Trustees of the Dartmouth College, to the south by Fletcher Circle 
graduate student housing owned by the Trustees of Dartmouth College, and 
to the west by approximately 9 acres of real property acquired in fee 
through condemnation in 1981 by the Secretary of the Army.

    (b) Revolving Fund.--The Secretary is authorized to use the 
Revolving Fund (33 U.S.C. 576) through the Plant Replacement and 
Improvement Program to acquire the real property and associated real 
property interests in subsection (a). The Secretary shall ensure that 
the Revolving Fund is appropriately reimbursed from the benefitting 
appropriations.

[[Page 125 STAT. 858]]

    (c) Right of First Refusal.--The Secretary may provide the Seller of 
any real property and associated property interests identified in 
subsection (a)--
            (1) a right of first refusal to acquire such property, or 
        any portion thereof, in the event the property, or any portion 
        thereof, is no longer needed by the Department of the Army.
            (2) a right of first refusal to acquire any real property or 
        associated real property interests acquired by condemnation in 
        Civil Action No. 81-360-L, in the event the property, or any 
        portion thereof, is no longer needed by the Department of the 
        Army.
            (3) the purchase of any property by the Seller exercising 
        either right of first refusal authorized in this section shall 
        be for consideration acceptable to the Secretary and shall be 
        for not less than fair market value at the time the property 
        becomes available for purchase. The right of first refusal 
        authorized in this section shall not inure to the benefit of the 
        Sellers successors or assigns.

    (d) Disposal.--The Secretary of the Army is authorized to dispose of 
any property or associated real property interests that are subject to 
the exercise of the right of first refusal as set forth herein.
    Sec. 110.  None of the funds made available in this Act may be used 
by the Corps of Engineers to relocate, or study the relocation of, any 
regional division headquarters of the Corps located at a military 
installation or any permanent employees of such headquarters.
    Sec. 111. (a) Section 5 of the Act entitled ``An Act authorizing the 
construction of certain public works on rivers and harbors for flood 
control, and for other purposes,'' approved June 22, 1936, (33 U.S.C. 
701h), is amended by--
            (1) inserting ``for work, which includes planning and 
        design,'' before ``to be expended'';
            (2) striking ``flood control or environmental restoration 
        work'' and inserting ``water resources development study or 
        project''; and
            (3) <<NOTE: Definition.>> 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) <<NOTE: Notification. Negotiations.>> 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.  <<NOTE: Real property. Washington.>> With respect to the 
property covered by the deed described in Auditor's instrument No. 2006-
014428 of Benton County, Washington, approximately 1.5 acres, the 
following deed restrictions are hereby extinguished and of no further 
force and effect:
            (1) The reversionary interest and use restrictions related 
        to port and industrial purposes;
            (2) The right for the District Engineer to review all pre-
        construction plans and/or specifications pertaining to 
        construction and/or maintenance of any structure intended for 
        human habitation, if the elevation of the property is above the 
        standard project flood elevation; and
            (3) The right of the District Engineer to object to, and 
        thereby prevent, in his/her discretion, such activity.

[[Page 125 STAT. 859]]

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

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

[[Page 125 STAT. 860]]

point (5) with coordinates 376040.35, 145768.96; thence running south 34 
degrees 5 minutes 51.7 seconds west 707.11 feet to a point (6) with 
coordinates 375643.94, 145183.41; thence running south 73 degrees 11 
minutes 42.9 seconds west 1,300.00 feet to the end point (7) with 
coordinates 374399.46, 144807.57; Returning at a point with coordinates 
(8) with coordinates 374500.64, 144472.51; thence running north 73 
degrees 11 minutes 42.9 seconds east 1,582.85 feet to a point (9) with 
coordinates 376015.90, 144930.13; thence running north 34 degrees 5 
minutes 51.7 seconds east 615.54 feet to a point (10) with coordinates 
376360.97, 145439.85; thence running north 2 degrees 10 minutes 43.3 
seconds west 2,236.21 feet to a point (11) with coordinates 376275.96, 
147674.45; thence running north 8 degrees 4 minutes 55.6 seconds west 
2,652.83 feet to a point (12) with coordinates 375902.99, 150300.93; 
thence running north 46 degrees 54 minutes 30.7 seconds west 881.47 feet 
to an end point (13) with coordinates 375259.29, 150903.12; and the 18-
Foot South Goat Island Channel beginning at a point (14) with 
coordinates 375509.09, 149444.83; thence running south 25 degrees 44 
minutes 0.5 second east 430.71 feet to a point (15) with coordinates 
375696.10, 149056.84; thence running south 10 degrees 13 minutes 27.4 
seconds east 1,540.89 feet to a point (16) with coordinates 375969.61, 
147540.41; thence running south 4 degrees 29 minutes 11.3 seconds west 
1,662.92 feet to a point (17) with coordinates 375839.53, 145882.59; 
thence running south 34 degrees 5 minutes 51.7 seconds west 547.37 feet 
to a point (18) with coordinates 375532.67, 145429.32; thence running 
south 86 degrees 47 minutes 37.7 seconds west 600.01 feet to an end 
point (19) with coordinates 374933.60, 145395.76; and the 18-Foot 
Entrance Channel beginning at a point (20) with coordinates 374567.14, 
144252.33; thence running north 73 degrees 11 minutes 42.9 seconds east 
1,899.22 feet to a point (21) with coordinates 376385.26, 144801.42; 
thence running north 2 degrees 10 minutes 41.5 seconds west 638.89 feet 
to an end point (10) with coordinates 376360.97, 145439.85; and the 18-
Foot South Anchorage beginning at a point (22) with coordinates 
376286.81, 147389.37; thence running north 78 degrees 56 minutes 15.6 
seconds east 404.86 feet to a point (23) with coordinates 376684.14, 
147467.05; thence running north 78 degrees 56 minutes 15.6 seconds east 
1,444.33 feet to a point (24) with coordinates 378101.63, 147744.18; 
thence running south 5 degrees 18 minutes 43.8 seconds west 1,228.20 
feet to a point (25) with coordinates 377987.92, 146521.26; thence 
running south 3 degrees 50 minutes 3.4 seconds east 577.84 feet to a 
point (26) with coordinates 378026.56, 145944.71; thence running south 
44 degrees 32 minutes 14.7 seconds west 2,314.09 feet to a point (27) 
with coordinates 376403.52, 144295.24 thence running south 60 degrees 5 
minutes 58.2 seconds west 255.02 feet to an end point (28) with 
coordinates 376182.45, 144168.12; and the 13-Foot Anchorage beginning at 
a point (29) with coordinates 376363.39, 143666.99; thence running north 
63 degrees 34 minutes 19.3 seconds east 1,962.37 feet to a point (30) 
with coordinates 378120.68, 144540.38; thence running north 3 degrees 50 
minutes 3.1 seconds west 1,407.47 feet to an end point (26) with 
coordinates 378026.56, 145944.71; and the 18-Foot East Channel beginning 
at a point (23) with coordinates 376684.14, 147467.05; thence running 
north 2 degrees 10 minutes 43.3 seconds west 262.95 feet to a point (31) 
with coordinates 376674.14, 147729.81; thence running north 9 degrees 42 
minutes 20.3 seconds

[[Page 125 STAT. 861]]

west 301.35 feet to a point (32) with coordinates 376623.34, 148026.85; 
thence running south 80 degrees 17 minutes 42.4 seconds west 313.6 feet 
to a point (33) with coordinates 376314.23, 147973.99; thence running 
north 7 degrees 47 minutes 21.9 seconds west 776.24 feet to an end point 
(34) with coordinates 376209.02, 148743.06; and the 18-Foot North 
Anchorage beginning at a point (35) with coordinates 376123.98, 
148744.69; thence running south 88 degrees 54 minutes 16.2 seconds east 
377.90 feet to a point (36) with coordinates 376501.82, 148737.47; 
thence running north 9 degrees 42 minutes 19.0 seconds west 500.01 feet 
to a point (37) with coordinates 376417.52, 149230.32; thence running 
north 6 degrees 9 minutes 53.2 seconds west 1,300.01 feet to an end 
point (38) with coordinates 376277.92, 150522.81.
    (b) The area described by the following shall be redesignated as an 
eighteen-foot channel and turning basin: Beginning at a point (1) with 
coordinates N144759.41, E374413.16; thence running north 73 degrees 11 
minutes 42.9 seconds east 1,252.88 feet to a point (2) with coordinates 
N145121.63, E375612.53; thence running north 26 degrees 29 minutes 48.1 
seconds east 778.89 feet to a point (3) with coordinates N145818.71, 
E375960.04; thence running north 0 degrees 3 minutes 38.1 seconds west 
1,200.24 feet to a point (4) with coordinates N147018.94, E375958.77; 
thence running north 2 degrees 22 minutes 45.2 seconds east 854.35 feet 
to a point (5) with coordinates N147872.56, E375994.23; thence running 
north 7 degrees 47 minutes 21.9 seconds west 753.83 feet to a point (6) 
with coordinates N148619.44, E375892.06; thence running north 88 degrees 
46 minutes 16.7 seconds east 281.85 feet to a point (7) with coordinates 
N148625.48, E376173.85; thence running south 7 degrees 47 minutes 21.9 
seconds east 716.4 feet to a point (8) with coordinates N147915.69, 
E376270.94; thence running north 80 degrees 17 minutes 42.3 seconds east 
315.3 feet to a point (9) with coordinates N147968.85, E.76581.73; 
thence running south 9 degrees 42 minutes 20.3 seconds east 248.07 feet 
to a point (10) with coordinates N147724.33, E376623.55; thence running 
south 2 degrees 10 minutes 43.3 seconds east 318.09 feet to a point (11) 
with coordinates N147406.47, E376635.64; thence running north 78 degrees 
56 minutes 15.6 seconds east 571.11 feet to a point (12) with 
coordinates N147516.06, E377196.15; thence running south 88 degrees 57 
minutes 2.3 seconds east 755.09 feet to a point (13) with coordinates 
N147502.23, E377951.11; thence running south 1 degree 2 minutes 57.7 
seconds west 100.00 feet to a point (14) with coordinates N147402.25, 
E377949.28; thence running north 88 degrees 57 minutes 2.3 seconds west 
744.48 feet to a point (15) with coordinates N147415.88, E377204.92; 
thence running south 78 degrees 56 minutes 15.6 seconds west 931.17 feet 
to a point (16) with coordinates N147237.21, E376291.06; thence running 
south 39 degrees 26 minutes 18.7 seconds west 208.34 feet to a point 
(17) with coordinates N147076.31, E376158.71; thence running south 0 
degrees 3 minutes 38.1 seconds east 1,528.26 feet to a point (18) with 
coordinates N145548.05, E376160.32; thence running south 26 degrees 29 
minutes 48.1 seconds west 686.83 feet to a point (19) with coordinates 
N144933.37, E375853.90; thence running south 73 degrees 11 minutes 42.9 
seconds west 1,429.51 feet to end at a point (20) with coordinates 
N144520.08, E374485.44.
    Sec. 118.  None of the funds made available to the Corps of 
Engineers by this Act may be used for the removal or associated

[[Page 125 STAT. 862]]

mitigation of Federal Energy Regulatory Commission Project number 2342.
    Sec. 119.  None of the funds made available by this Act may be used 
for the study of the Missouri River Projects authorized in section 108 
of the Energy and Water Development and Related Agencies Appropriations 
Act, 2009 (division C of Public Law 111-8).
    Sec. 120.  None of the funds made available in this Act may be used 
to continue the study conducted by the Army Corps of Engineers pursuant 
to section 5018(a)(1) of the Water Resources Development Act of 2007.

                                TITLE II

                       DEPARTMENT OF THE INTERIOR

                          Central Utah Project

                 central utah project completion account

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

                          Bureau of Reclamation

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

                       water and related resources

                     (including transfers of funds)

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

[[Page 125 STAT. 863]]

the purposes for which contributed:  Provided further, That funds 
advanced under 43 U.S.C. 397a shall be credited to this account and are 
available until expended for the same purposes as the sums appropriated 
under this heading:  Provided further, That of the amounts provided 
herein, funds may be used for high priority projects which shall be 
carried out by the Youth Conservation Corps, as authorized by 16 U.S.C. 
1706.

                 central valley project restoration fund

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

                    california bay-delta restoration

                     (including transfers of funds)

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

                        policy and administration

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

[[Page 125 STAT. 864]]

                        administrative provision

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

             GENERAL PROVISIONS--DEPARTMENT OF THE INTERIOR

    Sec. 201. (a) None of the funds provided in title II of this Act for 
Water and Related Resources, or provided by previous appropriations Acts 
to the agencies or entities funded in title II of this Act for Water and 
Related Resources that remain available for obligation or expenditure in 
fiscal year 2012, shall be available for obligation or expenditure 
through a reprogramming of funds that--
            (1) initiates or creates a new program, project, or 
        activity;
            (2) eliminates a program, project, or activity;
            (3) increases funds for any program, project, or activity 
        for which funds have been denied or restricted by this Act, 
        unless prior approval is received from the Committees on 
        Appropriations of the House of Representatives and the Senate;
            (4) restarts or resumes any program, project or activity for 
        which funds are not provided in this Act, unless prior approval 
        is received from the Committees on Appropriations of the House 
        of Representatives and the Senate;
            (5) transfers funds in excess of the following limits, 
        unless prior approval is received from the Committees on 
        Appropriations of the House of Representatives and the Senate:
                    (A) 15 percent for any program, project or activity 
                for which $2,000,000 or more is available at the 
                beginning of the fiscal year; or
                    (B) $300,000 for any program, project or activity 
                for which less than $2,000,000 is available at the 
                beginning of the fiscal year;
            (6) transfers more than $500,000 from either the Facilities 
        Operation, Maintenance, and Rehabilitation category or the 
        Resources Management and Development category to any program, 
        project, or activity in the other category, unless prior 
        approval is received from the Committees on Appropriations of 
        the House of Representatives and the Senate; or
            (7) transfers, where necessary to discharge legal 
        obligations of the Bureau of Reclamation, more than $5,000,000 
        to provide adequate funds for settled contractor claims, 
        increased contractor earnings due to accelerated rates of 
        operations, and real estate deficiency judgments, unless prior 
        approval is received from the Committees on Appropriations of 
        the House of Representatives and the Senate.

    (b) Subsection (a)(5) shall not apply to any transfer of funds 
within the Facilities Operation, Maintenance, and Rehabilitation 
category.
    (c) <<NOTE: Definition.>> For purposes of this section, the term 
``transfer'' means any movement of funds into or out of a program, 
project, or activity.

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

[[Page 125 STAT. 865]]

    Sec. 202. <<NOTE: California. Plan.>> (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, <<NOTE: 16 USC 450hh.>> 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 <<NOTE: Deadline.>> ecosystem. The 
Secretary of the Interior, the Secretary of Commerce, the Army Corps of 
Engineers and the Environmental Protection Agency Administrator shall 
jointly coordinate the efforts of the relevant agencies and work with 
the State of California and other stakeholders to complete and issue the 
Bay Delta Conservation Plan Final Environmental Impact Statement no 
later than February 15, 2013. Nothing herein modifies existing 
requirements of Federal law.

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

[[Page 125 STAT. 866]]

manner provided by that water user's then-current Central Valley Project 
water service, repayment, or water rights settlement contract at the 
rate provided by the then-current Central-Valley Project Irrigation or 
Municipal and Industrial Rate Setting Policies; and:  Provided further, 
That in implementing this section, the Secretary of the Interior shall 
comply with applicable environmental laws, including the National 
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and the 
Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) Nothing herein 
shall alter or limit the Secretary's existing authority to use 
groundwater banking to meet existing fish and wildlife obligations.
    Sec. 207. (a) Subject to compliance with all applicable Federal and 
State laws, a transfer of irrigation water among Central Valley Project 
contractors from the Friant, San Felipe, West San Joaquin, and Delta 
divisions, and a transfer from a long-term Friant Division water service 
or repayment contractor to a temporary or prior temporary service 
contractors within the place of use in existence on the date of the 
transfer, as identified in the Bureau of Reclamation water rights 
permits for the Friant Division, shall be considered to meet the 
conditions described in subparagraphs (A) and (I) of section 3405(a)(1) 
of the Reclamation Projects Authorization and Adjustment Act of 1992 
(Public Law 102-575; 106 Stat. 4709).
    (b) The Secretary of the Interior, acting through the Director of 
the United States Fish and Wildlife Service and the Commissioner of the 
Bureau of Reclamation shall initiate and complete, on the most expedited 
basis practicable, programmatic environmental compliance so as to 
facilitate voluntary water transfers within the Central Valley Project, 
consistent with all applicable Federal and State law.
    (c) <<NOTE: Deadlines. Reports.>> Not later than 180 days after the 
date of enactment of this Act and each of the 4 years thereafter, the 
Commissioner of the Bureau of Reclamation shall submit to the committee 
on Appropriations of the House of Representatives and the Committee on 
Appropriations of the Senate a report that describes the status of 
efforts to help facilitate and improve the water transfers within the 
Central Valley Project and water transfers between the Central Valley 
Project and other water projects in the State of California; evaluates 
potential effects of this Act on Federal programs, Indian tribes, 
Central Valley Project operations, the environment, groundwater 
aquifers, refuges, and communities; and provides recommendations on ways 
to facilitate and improve the process for these transfers.

    Sec. 208. (a) Permitted Uses.--Section 2507(b) of the Farm Security 
and Rural Investment Act of 2002 (43 U.S.C. 2211 note; Public Law 107-
171) is amended--
            (1) in the matter preceding paragraph (1), by striking ``In 
        any case in which there are willing sellers'' and inserting 
        ``For the benefit of at-risk natural desert terminal lakes and 
        associated riparian and watershed resources, in any case in 
        which there are willing sellers or willing participants'';
            (2) in paragraph (2), by striking ``in the Walker River'' 
        and all that follows through ``119 Stat. 2268)''; and
            (3) in paragraph (3), by striking ``in the Walker River 
        Basin''.

[[Page 125 STAT. 867]]

    (b) Walker Basin Restoration Program.--Section 208(b) of the Energy 
and Water Development and Related Agencies Appropriations Act, 2010 
(Public Law 111-85; 123 Stat. 2858) is amended--
            (1) in paragraph (1)(B)(iv), by striking ``exercise water 
        rights'' and inserting ``manage land, water appurtenant to the 
        land, and related interests''; and
            (2) in paragraph (2)(A), by striking ``The amount made 
        available under subsection (a)(1) shall be provided to the 
        National Fish and Wildlife Foundation'' and inserting ``Any 
        amount made available to the National Fish and Wildlife 
        Foundation under subsection (a) shall be provided''.

                                TITLE III

                          DEPARTMENT OF ENERGY

                             ENERGY PROGRAMS

                 Energy Efficiency and Renewable Energy

                     (including rescission of funds)

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

               Electricity Delivery and Energy Reliability

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

[[Page 125 STAT. 868]]

                             Nuclear Energy

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

                 Fossil Energy Research and Development

                     (including rescission of funds)

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

                 Naval Petroleum and Oil Shale Reserves

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

                       Strategic Petroleum Reserve

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

[[Page 125 STAT. 869]]

                          SPR Petroleum Account

                     (including rescission of funds)

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

                   Northeast Home Heating Oil Reserve

                     (including rescission of funds)

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

                    Energy Information Administration

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

                    Non-defense Environmental Cleanup

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

       Uranium Enrichment Decontamination and Decommissioning Fund

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

                                 Science

    For Department of Energy expenses including the purchase, 
construction, and acquisition of plant and capital equipment, and

[[Page 125 STAT. 870]]

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

                Advanced Research Projects Agency--Energy

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

          Title 17 Innovative Technology Loan Guarantee Program

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

         Advanced Technology Vehicles Manufacturing Loan Program

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

                       Departmental Administration

    For salaries and expenses of the Department of Energy necessary for 
departmental administration in carrying out the purposes of the 
Department of Energy Organization Act (42 U.S.C. 7101 et seq.), 
including the hire of passenger motor vehicles and official reception 
and representation expenses not to exceed $30,000, $237,623,000, to 
remain available until September 30, 2013, plus such additional amounts 
as necessary to cover increases in the estimated amount of cost of work 
for others notwithstanding the provisions of the Anti-Deficiency Act (31 
U.S.C. 1511 et seq.):  Provided, That such increases in cost of work are 
offset by revenue increases of the same or greater amount, to remain 
available until expended:  Provided further, That moneys received by the 
Department for miscellaneous revenues estimated to total $111,623,000 in 
fiscal year 2012 may be retained and used for operating expenses

[[Page 125 STAT. 871]]

within this account, and may remain available until expended, as 
authorized by section 201 of Public Law 95-238, notwithstanding the 
provisions of 31 U.S.C. 3302:  Provided further, That the sum herein 
appropriated shall be reduced by the amount of miscellaneous revenues 
received during 2012, and any related appropriated receipt account 
balances remaining from prior years' miscellaneous revenues, so as to 
result in a final fiscal year 2012 appropriation from the general fund 
estimated at not more than $126,000,000.

                     Office of the Inspector General

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

                    ATOMIC ENERGY DEFENSE ACTIVITIES

                NATIONAL NUCLEAR SECURITY ADMINISTRATION

                           Weapons Activities

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

                    Defense Nuclear Nonproliferation

                     (including rescission of funds)

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

[[Page 125 STAT. 872]]

                             Naval Reactors

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

                       Office of the Administrator

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

               ENVIRONMENTAL AND OTHER DEFENSE ACTIVITIES

                      Defense Environmental Cleanup

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

                        Other Defense Activities

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

                     POWER MARKETING ADMINISTRATIONS

                  Bonneville Power Administration Fund

    Expenditures from the Bonneville Power Administration Fund, 
established pursuant to Public Law 93-454, are approved for the Kootenai 
River Native Fish Conservation Aquaculture Program, Lolo Creek Permanent 
Weir Facility, and Improving Anadromous Fish production on the Warm 
Springs Reservation, and, in addition, for official reception and 
representation expenses in an amount

[[Page 125 STAT. 873]]

not to exceed $7,000. During fiscal year 2012, no new direct loan 
obligations may be made.

      Operation and Maintenance, Southeastern Power Administration

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

      Operation and Maintenance, Southwestern Power Administration

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

[[Page 125 STAT. 874]]

be credited to this account as offsetting collections, to remain 
available until expended for the sole purpose of making purchase power 
and wheeling expenditures:  Provided further, That for purposes of this 
appropriation, annual expenses means expenditures that are generally 
recovered in the same year that they are incurred (excluding purchase 
power and wheeling expenses).

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

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

            Falcon and Amistad Operating and Maintenance Fund

    For operation, maintenance, and emergency costs for the 
hydroelectric facilities at the Falcon and Amistad Dams, $4,169,000, to 
remain available until expended, and to be derived from the Falcon and 
Amistad Operating and Maintenance Fund of the Western Area Power 
Administration, as provided in section 2 of the Act of June 18, 1954 (68 
Stat. 255) as amended:  Provided, That notwithstanding the provisions of 
that Act and of 31 U.S.C. 3302, up to $3,949,000 collected by the 
Western Area Power Administration from the sale of power and related 
services from the Falcon and Amistad Dams shall be credited to this 
account as discretionary offsetting collections, to remain available 
until

[[Page 125 STAT. 875]]

expended for the sole purpose of funding the annual expenses of the 
hydroelectric facilities of these Dams and associated Western Area Power 
Administration activities:  Provided further, That the sum herein 
appropriated for annual expenses shall be reduced as collections are 
received during the fiscal year so as to result in a final fiscal year 
2012 appropriation estimated at not more than $220,000:  Provided 
further, That for purposes of this appropriation, annual expenses means 
expenditures that are generally recovered in the same year that they are 
incurred.

                  Federal Energy Regulatory Commission

                          salaries and expenses

    For necessary expenses of the Federal Energy Regulatory Commission 
to carry out the provisions of the Department of Energy Organization Act 
(42 U.S.C. 7101 et seq.), including services as authorized by 5 U.S.C. 
3109, the hire of passenger motor vehicles, and official reception and 
representation expenses not to exceed $3,000, $304,600,000, to remain 
available until expended:  Provided, That <<NOTE: 42 USC 7171 
note.>> 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) <<NOTE: Contracts. Grants. Notification. Deadline.>> The 
Department of Energy may not, with respect to any program, project, or 
activity that uses budget authority made available in this title under 
the heading ``Department of Energy--Energy Programs'', enter into a 
multi-year contract, award a multi-year grant, or enter into a multi-
year cooperative agreement unless the contract, grant, or cooperative 
agreement includes a clause conditioning the Federal Government's 
obligation on the availability of future-year budget authority and the 
Secretary notifies the Committees on Appropriations of the House of 
Representatives and the Senate at least 14 days in advance.

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

[[Page 125 STAT. 876]]

    (d) <<NOTE: Notification. Deadline.>> 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) <<NOTE: Waiver authority.>> 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) <<NOTE: Notification. Deadline.>> 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. <<NOTE: 42 USC 7279a.>> (a) Submission to Congress.--The 
Secretary of Energy shall submit to Congress each year, at the time that 
the President's budget is submitted to Congress that year under section 
1105(a) of title 31, United States Code, a future-years energy program 
reflecting the estimated expenditures and proposed appropriations 
included in that budget. Any such future-years energy program shall 
cover the fiscal year with respect to which the budget is submitted and 
at least the four succeeding fiscal years. A future-years energy program 
shall be included in the fiscal year 2014 budget submission to Congress 
and every fiscal year thereafter.

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

[[Page 125 STAT. 877]]

        to that contained in the budget submitted by the President to 
        Congress under section 1105 of title 31, United States Code.
            (2) The estimated expenditures and proposed appropriations 
        shaped by high-level, prioritized program and budgetary guidance 
        that is consistent with the administration's policies and out 
        year budget projections and reviewed by the Department of 
        Energy's (DOE) senior leadership to ensure that the future-years 
        energy program is consistent and congruent with previously 
        established program and budgetary guidance.
            (3) A description of the anticipated workload requirements 
        for each DOE national laboratory during the 5-fiscal year 
        period.

    (c) Consistency in Budgeting.--
            (1) The Secretary of Energy shall ensure that amounts 
        described in subparagraph (A) of paragraph (2) for any fiscal 
        year are consistent with amounts described in subparagraph (B) 
        of paragraph (2) for that fiscal year.
            (2) Amounts referred to in paragraph (1) are the following:
                    (A) The amounts specified in program and budget 
                information submitted to Congress by the Secretary of 
                Energy in support of expenditure estimates and proposed 
                appropriations in the budget submitted to Congress by 
                the President under section 1105(a) of title 31, United 
                States Code, for any fiscal year, as shown in the 
                future-years energy program submitted pursuant to 
                subsection (a).
                    (B) The total amounts of estimated expenditures and 
                proposed appropriations necessary to support the 
                programs, projects, and activities of the administration 
                included pursuant to paragraph (5) of section 1105(a) of 
                such title in the budget submitted to Congress under 
                that section for any fiscal year.

    Sec. 305.  Section 1702 of the Energy Policy Act of 2005 (42 U.S.C. 
16512) is amended--
            (1) by striking subsection (b) and inserting the following:

    ``(b) Specific Appropriation or Contribution.--
            ``(1) In general.--No guarantee shall be made unless--
                    ``(A) an appropriation for the cost of the guarantee 
                has been made;
                    ``(B) the Secretary has received from the borrower a 
                payment in full for the cost of the guarantee and 
                deposited the payment into the Treasury; or
                    ``(C) a combination of one or more appropriations 
                under subparagraph (A) and one or more payments from the 
                borrower under subparagraph (B) has been made that is 
                sufficient to cover the cost of the guarantee.''.

    Sec. 306.  <<NOTE: 50 USC 2743a.>> Plant or construction projects 
for which amounts are made available under this and subsequent 
appropriation Acts with a current estimated cost of less than 
$10,000,000 are considered for purposes of section 4703 of Public Law 
107-314 as a plant project for which the approved total estimated cost 
does not exceed the minor construction threshold and for purposes of 
section 4704 of Public Law 107-314 as a construction project with a 
current estimated cost of less than a minor construction threshold.

    Sec. 307.  In section 839b(h)(10)(B) of title 16, United States 
Code, strike ``$1,000,000'' and insert ``$2,500,000''.

[[Page 125 STAT. 878]]

    Sec. 308.  None of the funds made available in this title shall be 
used for the construction of facilities classified as high-hazard 
nuclear facilities under 10 CFR Part 830 unless independent oversight is 
conducted by the Office of Health, Safety, and Security to ensure the 
project is in compliance with nuclear safety requirements.
    Sec. 309.  Of the amounts appropriated in this title, $73,300,000 
are hereby rescinded, to reflect savings from the contractor pay freeze 
instituted by the Department. The Department shall allocate the 
rescission among the appropriations made in this title.
    Sec. 310.  None of the funds made available in this title may be 
used to approve critical decision-2 or critical decision-3 under 
Department of Energy Order 413.3B, or any successive departmental 
guidance, for construction projects where the total project cost exceeds 
$100,000,000, until a separate independent cost estimate has been 
developed for the project for that critical decision.
    Sec. 311.  <<NOTE: Grants. Contracts. Notification. Deadline.>> 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, <<NOTE: Determination. Notification. Deadline.>> 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. <<NOTE: Determination. Uranium.>> (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) <<NOTE: Deadline. Notification.>> Not less than 30 days prior to 
the transfer, sale, barter, distribution, or other provision of uranium 
in any form for the purpose of accelerating cleanup at a Federal site, 
the Secretary shall notify the House and Senate Committees on 
Appropriations of the following:
            (1) the amount of uranium to be transferred, sold, bartered, 
        distributed, or otherwise provided;

[[Page 125 STAT. 879]]

            (2) an estimate by the Secretary of the gross market value 
        of the uranium on the expected date of the transfer, sale, 
        barter, distribution, or other provision of the uranium;
            (3) the expected date of transfer, sale, barter, 
        distribution, or other provision of the uranium;
            (4) the recipient of the uranium; and
            (5) the value of the services the Secretary expects to 
        receive in exchange for the uranium, including any reductions to 
        the gross value of the uranium by the recipient.

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

[[Page 125 STAT. 880]]

                                TITLE IV

                          INDEPENDENT AGENCIES

                     Appalachian Regional Commission

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

                 Defense Nuclear Facilities Safety Board

                          salaries and expenses

    For necessary expenses of the Defense Nuclear Facilities Safety 
Board in carrying out activities authorized by the Atomic Energy Act of 
1954, as amended by Public Law 100-456, section 1441, $29,130,000, to 
remain available until September 30, <<NOTE: Deadline. Contracts. 42 USC 
2286j.>> 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, <<NOTE: Contracts.>> That at the expiration of 
such agreement, the Defense Nuclear Facilities Safety Board shall 
procure inspector general services annually thereafter.

                        Delta Regional Authority

                          salaries and expenses

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

                            Denali Commission

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

[[Page 125 STAT. 881]]

                   Northern Border Regional Commission

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

                 Southeast Crescent Regional Commission

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

                      Nuclear Regulatory Commission

                          salaries and expenses

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

                       office of inspector general

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

[[Page 125 STAT. 882]]

                  Nuclear Waste Technical Review Board

                          salaries and expenses

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

Office of the Federal Coordinator for Alaska Natural Gas Transportation 
                                Projects

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

                GENERAL PROVISIONS--INDEPENDENT AGENCIES

    Sec. 401. (a) None of the funds provided in this title for ``Nuclear 
Regulatory Commission--Salaries and Expenses'' shall be available for 
obligation or expenditure through a reprogramming of funds that--
            (1) increases funds or personnel for any program, project, 
        or activity for which funds are denied or restricted by this 
        Act; or
            (2) reduces funds that are directed to be used for a 
        specific program, project, or activity by this Act.

    (b) The Chairman of the Nuclear Regulatory Commission may not 
terminate any program, project, or activity without the approval of a 
majority vote of the Commissioners of the Nuclear Regulatory Commission 
approving such action.
    (c) <<NOTE: Waiver authority. Certification.>> The Nuclear 
Regulatory Commission may waive the restriction on reprogramming under 
subsection (a) on a case-by-case basis by certifying to the Committees 
on Appropriations of the House of Representatives and the Senate that 
such action is required to address national security or imminent risks 
to public safety. Each such waiver certification shall include a letter 
from the Chairman of the Commission that a majority of Commissioners of 
the Nuclear Regulatory Commission have voted and approved the 
reprogramming waiver certification.

    Sec. 402.  The Nuclear Regulatory Commission shall require reactor 
licensees to re-evaluate the seismic, tsunami, flooding, and other 
external hazards at their sites against current applicable Commission 
requirements and guidance for such licenses as expeditiously as 
possible, and thereafter when appropriate, as determined by the 
Commission, and require each licensee to respond to the Commission that 
the design basis for each reactor meets the requirements of its license, 
current applicable Commission requirements and guidance for such 
license. Based upon the evaluations conducted pursuant to this section 
and other information it deems relevant, the Commission shall require 
licensees to update the design basis for each reactor, if necessary.

[[Page 125 STAT. 883]]

                                 TITLE V

                           GENERAL PROVISIONS

    Sec. 501.  <<NOTE: Lobbying.>> 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.  <<NOTE: Corporations. Criminal 
violations. Determination.>> 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.  <<NOTE: Corporations. Tax 
liability. Determination.>> None of the funds made available by this Act 
may be used to enter into a contract, memorandum of understanding, or 
cooperative agreement with, make a grant to, or provide a loan or loan 
guarantee to, any corporation that has any unpaid Federal tax liability 
that has been assessed, for which all judicial and administrative 
remedies have been exhausted or have lapsed, and that is not being paid 
in a timely manner pursuant to an agreement with the authority 
responsible for collecting the tax liability, where the awarding agency 
is aware of the unpaid tax liability, unless the agency has considered 
suspension or debarment of the corporation and made a determination that 
this further action is not necessary to protect the interests of the 
Government.

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

[[Page 125 STAT. 884]]

       DIVISION <<NOTE: Financial Services and General Government 
Appropriations Act, 2012. Department of the Treasury Appropriations Act, 
2012.>> C--FINANCIAL SERVICES AND GENERAL GOVERNMENT APPROPRIATIONS ACT, 
2012

                                 TITLE I

                       DEPARTMENT OF THE TREASURY

                          Departmental Offices

                          salaries and expenses

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

                       office of inspector general

                          salaries and expenses

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

[[Page 125 STAT. 885]]

not to exceed $2,500 shall be available for official reception and 
representation expenses.

            treasury inspector general for tax administration

                          salaries and expenses

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

     special inspector general for the troubled asset relief program

                          salaries and expenses

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

                  Financial Crimes Enforcement Network

                          salaries and expenses

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

                        Treasury Forfeiture Fund

                              (rescission)

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

[[Page 125 STAT. 886]]

                      Financial Management Service

                          salaries and expenses

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

                Alcohol and Tobacco Tax and Trade Bureau

                          salaries and expenses

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

                           United States Mint

                united states mint public enterprise fund

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

                        Bureau of the Public Debt

                      administering the public debt

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

[[Page 125 STAT. 887]]

    Community Development Financial Institutions Fund Program Account

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

                        Internal Revenue Service

                            taxpayer services

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

[[Page 125 STAT. 888]]

expenses of the Taxpayer Advocate Service, and of which $15,481,000 
shall be for expenses necessary to implement the tax credit in title II 
of division A of the Trade Act of 2002 (Public Law 107-210).

                               enforcement

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

                           operations support

    For necessary expenses of the Internal Revenue Service to support 
taxpayer services and enforcement programs, including rent payments; 
facilities services; printing; postage; physical security; headquarters 
and other IRS-wide administration activities; research and statistics of 
income; telecommunications; information technology development, 
enhancement, operations, maintenance, and security; the hire of 
passenger motor vehicles (31 U.S.C. 1343(b)); and other services as 
authorized by 5 U.S.C. 3109, at such rates as may be determined by the 
Commissioner; $3,947,416,000, of which up to $250,000,000 shall remain 
available until September 30, 2013, for information technology support; 
of which up to $65,000,000 shall remain available until expended for 
acquisition of real property, equipment, construction and renovation of 
facilities; of which not to exceed $1,000,000 shall remain available 
until September 30, 2014, for research; of which not less than 
$2,000,000 shall be for the Internal Revenue Service Oversight Board; of 
which not to exceed $25,000 shall be for official reception and 
representation expenses:  Provided, <<NOTE: Deadlines. Reports. 26 USC 
7801 note.>> That not later than 14 days after the end of each quarter 
of each fiscal year, the Internal Revenue Service shall submit a report 
to the House and Senate Committees on Appropriations and the Comptroller 
General of the United States detailing the cost and schedule performance 
for its major information technology investments, including the purpose 
and life-cycle stages of the investments; the reasons for any cost and 
schedule variances; the risks of such investments and strategies the 
Internal Revenue Service is using to mitigate such risks; and the 
expected developmental milestones to be achieved and costs to be 
incurred in the next quarter:  Provided further, That the Internal 
Revenue Service shall include, in its budget justification for fiscal 
year 2013, a summary of cost and schedule performance information for 
its major information technology systems.

                     business systems modernization

    For necessary expenses of the Internal Revenue Service's business 
systems modernization program, $330,210,000, to remain available until 
September 30, 2014, for the capital asset acquisition of information 
technology systems, including management and

[[Page 125 STAT. 889]]

related contractual costs of said acquisitions, including related 
Internal Revenue Service labor costs, and contractual costs associated 
with operations authorized by 5 U.S.C. <<NOTE: Deadline. Reports. 26 USC 
7801 note.>> 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.  <<NOTE: Confidentiality. Identity theft.>> The Internal 
Revenue Service shall institute and enforce policies and procedures that 
will safeguard the confidentiality of taxpayer information and protect 
taxpayers against identity theft.

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

          Administrative Provisions--Department of the Treasury

                     (including transfers of funds)

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

[[Page 125 STAT. 890]]

    Sec. 106.  Not to exceed 2 percent of any appropriations in this Act 
made available to the Departmental Offices--Salaries and Expenses, 
Office of Inspector General, Special Inspector General for the Troubled 
Asset Relief Program, Financial Management Service, Alcohol and Tobacco 
Tax and Trade Bureau, Financial Crimes Enforcement Network, and Bureau 
of the Public Debt, may be transferred between such appropriations upon 
the advance approval of the Committees on Appropriations:  Provided, 
That no transfer may increase or decrease any such appropriation by more 
than 2 percent.
    Sec. 107.  Not to exceed 2 percent of any appropriation made 
available in this Act to the Internal Revenue Service may be transferred 
to the Treasury Inspector General for Tax Administration's appropriation 
upon the advance approval of the Committees on Appropriations:  
Provided, That no transfer may increase or decrease any such 
appropriation by more than 2 percent.
    Sec. 108.  <<NOTE: Certification.>> 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, <<NOTE: Delegation authority.>> That 
the Secretary may delegate this authority to the Assistant Secretary for 
Management.

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

[[Page 125 STAT. 891]]

fiscal year 2012 until the enactment of the Intelligence Authorization 
Act for Fiscal Year 2012.
    Sec. 115.  Not to exceed $5,000 shall be made available from the 
Bureau of Engraving and Printing's Industrial Revolving Fund for 
necessary official reception and representation expenses.
    Sec. 116.  Section 5114(c) of title 31, United States Code (relating 
to engraving and printing currency and security documents), is amended 
by striking ``for a period of not more than 4 years''.
    Sec. 117.  <<NOTE: 31 USC 5120 note.>> 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.  <<NOTE: Plans. Deadline.>> The Secretary of the Treasury 
shall submit a Capital Investment Plan to the Committees on 
Appropriations of the Senate and the House of Representatives not later 
than 30 days following the submission of the annual budget for the 
Administration submitted by the President:  Provided, That such Capital 
Investment Plan shall include capital investment spending from all 
accounts within the Department of the Treasury, including but not 
limited to the Department-wide Systems and Capital Investment Programs 
account, the Working Capital Fund account, and the Treasury Forfeiture 
Fund account:  Provided further, That such Capital Investment Plan shall 
include expenditures occurring in previous fiscal

[[Page 125 STAT. 892]]

years for each capital investment project that has not been fully 
completed.

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

  TITLE <<NOTE: Executive Office of the President Appropriations Act, 
2012.>> II

    EXECUTIVE OFFICE OF THE PRESIDENT AND FUNDS APPROPRIATED TO THE 
                                PRESIDENT

                      Compensation of the President

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

                             The White House

                          salaries and expenses

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

                 Executive Residence at the White House

                           operating expenses

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

                          reimbursable expenses

    For the reimbursable expenses of the Executive Residence at the 
White House, such sums as may be necessary:  Provided, That all 
reimbursable operating expenses of the Executive Residence shall be made 
in accordance with the provisions of this paragraph:  Provided further, 
That, notwithstanding any other provision of law, such amount for 
reimbursable operating expenses shall be the exclusive authority of the 
Executive Residence to incur obligations and to receive offsetting 
collections, for such expenses:  Provided further, That the Executive 
Residence shall require each person sponsoring

[[Page 125 STAT. 893]]

a reimbursable political event to pay in advance an amount equal to the 
estimated cost of the event, and all such advance payments shall be 
credited to this account and remain available until expended:  Provided 
further, That the Executive Residence shall require the national 
committee of the political party of the President to maintain on deposit 
$25,000, to be separately accounted for and available for expenses 
relating to reimbursable political events sponsored by such committee 
during such fiscal year:  Provided 
further, <<NOTE: Notice. Deadlines.>> 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, <<NOTE: Interest. Penalties. Deadline.>> 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, <<NOTE: Deadline. Reports.>> 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, <<NOTE: Records.>> That the Executive Residence shall 
maintain a system for the tracking of expenses related to reimbursable 
events within the Executive Residence that includes a standard for the 
classification of any such expense as political or nonpolitical:  
Provided further, That no provision of this paragraph may be construed 
to exempt the Executive Residence from any other applicable requirement 
of subchapter I or II of chapter 37 of title 31, United States Code.

                   White House Repair and Restoration

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

                      Council of Economic Advisers

                          salaries and expenses

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

[[Page 125 STAT. 894]]

         National Security Council and Homeland Security Council

                          salaries and expenses

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

                        Office of Administration

                          salaries and expenses

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

                     Office of Management and Budget

                          salaries and expenses

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

[[Page 125 STAT. 895]]

                 Office of National Drug Control Policy

                          salaries and expenses

    For necessary expenses of the Office of National Drug Control 
Policy; for research activities pursuant to the Office of National Drug 
Control Policy Reauthorization Act of 2006 (Public Law 109-469); not to 
exceed $10,000 for official reception and representation expenses; and 
for participation in joint projects or in the provision of services on 
matters of mutual interest with nonprofit, research, or public 
organizations or agencies, with or without reimbursement, $24,500,000:  
Provided, <<NOTE: 21 USC 1702 note.>> 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 <<NOTE: Deadline.>> 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, <<NOTE: Funding justification.>> 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, <<NOTE: Notifications. Deadlines.>> That the Director shall 
notify the Committees on Appropriations of the initial allocation of 
fiscal year 2012 funding among HIDTAs not later than 45 days after 
enactment of this Act, and shall notify the Committees of planned uses 
of discretionary HIDTA funding, as determined in consultation with the 
HIDTA Directors, not later than 90 days after enactment of this Act.

[[Page 125 STAT. 896]]

                   other federal drug control programs

                     (including transfers of funds)

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

   Integrated, Efficient and Effective Uses of Information Technology

                      (including transfer of funds)

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

                           Unanticipated Needs

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

                   Special Assistance to the President

                          salaries and expenses

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

[[Page 125 STAT. 897]]

                Official Residence of the Vice President

                           operating expenses

                      (including transfer of funds)

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

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

             (including transfers of funds and rescissions)

    Sec. 201.  <<NOTE: Time period. Notification.>> 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.  <<NOTE: Reports.>> The Director of the Office of 
Management and Budget shall submit to the Committees on Appropriations 
of the House and the Senate a report on the implementation of Executive 
Order No. 13563 (76 Fed. Reg. 3821; relating to Improving Regulation and 
Regulatory Review) by April 2, 2012. The report shall include 
information on--
            (a) increasing public participation in the rulemaking 
        process and reducing uncertainty;
            (b) improving coordination across Federal agencies to 
        eliminate redundant, inconsistent, and overlapping regulations; 
        and
            (c) identifying existing regulations that have been reviewed 
        and determined to be outmoded, ineffective, or excessively 
        burdensome.

    Sec. 203.  <<NOTE: Deadline. Reports.>> Within 120 days after the 
date of enactment of this section, the Director of the Office of 
Management and Budget shall submit a report to the Committees on 
Appropriations of the House and the Senate on the costs of implementing 
the Dodd-Frank Wall Street Reform and Consumer Protection Act (Public 
Law 111-203). Such report shall include--

[[Page 125 STAT. 898]]

            (1) the estimated mandatory and discretionary obligations of 
        funds through fiscal year 2014, by Federal agency and by fiscal 
        year, including--
                    (A) the estimated obligations by cost inputs such as 
                rent, information technology, contracts, and personnel;
                    (B) the methodology and data sources used to 
                calculate such estimated obligations; and
                    (C) the specific section of such Act that requires 
                the obligation of funds; and
            (2) the estimated receipts through fiscal year 2014 from 
        assessments, user fees, and other fees by the Federal agency 
        making the collections, by fiscal year, including--
                    (A) the methodology and data sources used to 
                calculate such estimated collections; and
                    (B) the specific section of such Act that authorizes 
                the collection of funds.

    Sec. 204.  <<NOTE: Deadlines. Reports.>> The Director of the Office 
of National Drug Control Policy shall submit to the Committees on 
Appropriations of the House of Representatives and the Senate not later 
than 60 days after the date of enactment of this Act, and prior to the 
initial obligation of more than 20 percent of the funds appropriated in 
any account under the heading ``Office of National Drug Control 
Policy'', a detailed narrative and financial plan on the proposed uses 
of all funds under the account by program, project, and activity:  
Provided, That the reports required by this section shall be updated and 
submitted to the Committees on Appropriations every 6 months and shall 
include information detailing how the estimates and assumptions 
contained in previous reports have changed:  Provided further, That any 
new projects and changes in funding of ongoing projects shall be subject 
to the prior approval of the Committees on Appropriations.

    Sec. 205.  Not to exceed 2 percent of any appropriations in this Act 
made available to the Office of National Drug Control Policy may be 
transferred between appropriated programs upon the advance approval of 
the Committees on Appropriations:  Provided, That no transfer may 
increase or decrease any such appropriation by more than 3 percent.
    Sec. 206.  Not to exceed $1,000,000 of any appropriations in this 
Act made available to the Office of National Drug Control Policy may be 
reprogrammed within a program, project, or activity upon the advance 
approval of the Committees on Appropriations.
    Sec. 207.  From the unobligated balances of prior year 
appropriations made available for the Counterdrug Technology Assessment 
Center, $5,244,639 are rescinded.
    Sec. 208.  From the unobligated balances of prior year 
appropriations made available for Other Federal Drug Control Programs, 
$359,958 for a chronic users study and $5,723,403 for the National Anti-
Drug Youth Media Campaign are rescinded.
    Sec. 209.  Of the unobligated balances available under the heading 
``Executive Office of the President and Funds Appropriated to the 
President--Partnership Fund for Program Integrity Innovation'' in title 
II of division C of the Consolidated Appropriations Act, 2010 (Public 
Law 111-117), $10,000,000 are rescinded. In addition to the amounts made 
available under such heading in this Act, $10,000,000 are appropriated, 
to remain available until September 30, 2013.

[[Page 125 STAT. 899]]

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

TITLE <<NOTE: Judiciary Appropriations Act, 2012.>> III

                              THE JUDICIARY

                   Supreme Court of the United States

                          salaries and expenses

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

                    care of the building and grounds

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

         United States Court of Appeals for the Federal Circuit

                          salaries and expenses

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

               United States Court of International Trade

                          salaries and expenses

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

     Courts of Appeals, District Courts, and Other Judicial Services

                          salaries and expenses

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

[[Page 125 STAT. 900]]

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

                            defender services

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

                    fees of jurors and commissioners

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

                             court security

                     (including transfers of funds)

    For necessary expenses, not otherwise provided for, incident to the 
provision of protective guard services for United States courthouses and 
other facilities housing Federal court operations, and the procurement, 
installation, and maintenance of security systems and equipment for 
United States courthouses and other facilities housing Federal court 
operations, including building ingress-egress control, inspection of 
mail and packages, directed security patrols, perimeter security, basic 
security services provided by the Federal Protective Service, and other 
similar activities as authorized by section 1010 of the Judicial 
Improvement and Access to Justice Act (Public Law 100-702), 
$500,000,000, of which not

[[Page 125 STAT. 901]]

to exceed $15,000,000 shall remain available until expended, to be 
expended directly or transferred to the United States Marshals Service, 
which shall be responsible for administering the Judicial Facility 
Security Program consistent with standards or guidelines agreed to by 
the Director of the Administrative Office of the United States Courts 
and the Attorney General.

            Administrative Office of the United States Courts

                          salaries and expenses

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

                         Federal Judicial Center

                          salaries and expenses

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

                        Judicial Retirement Funds

                    payment to judiciary trust funds

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

                   United States Sentencing Commission

                          salaries and expenses

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

                Administrative Provisions--The Judiciary

                      (including transfer of funds)

    Sec. 301.  Appropriations and authorizations made in this title 
which are available for salaries and expenses shall be available for 
services as authorized by 5 U.S.C. 3109.
    Sec. 302.  Not to exceed 5 percent of any appropriation made 
available for the current fiscal year for the Judiciary in this Act

[[Page 125 STAT. 902]]

may be transferred between such appropriations, but no such 
appropriation, except ``Courts of Appeals, District Courts, and Other 
Judicial Services, Defender Services'' and ``Courts of Appeals, District 
Courts, and Other Judicial Services, Fees of Jurors and Commissioners'', 
shall be increased by more than 10 percent by any such transfers:  
Provided, That any transfer pursuant to this section shall be treated as 
a reprogramming of funds under sections 604 and 608 of this Act and 
shall not be available for obligation or expenditure except in 
compliance with the procedures set forth in section 608.
    Sec. 303.  Notwithstanding any other provision of law, the salaries 
and expenses appropriation for ``Courts of Appeals, District Courts, and 
Other Judicial Services'' shall be available for official reception and 
representation expenses of the Judicial Conference of the United States: 
 Provided, That such available funds shall not exceed $11,000 and shall 
be administered by the Director of the Administrative Office of the 
United States Courts in the capacity as Secretary of the Judicial 
Conference.
    Sec. 304.  <<NOTE: Applicability.>> Section 3314(a) of title 40, 
United States Code, shall be applied by substituting ``Federal'' for 
``executive'' each place it appears.

    Sec. 305.  <<NOTE: Security services.>> 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). <<NOTE: Reimbursement.>> 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 <<NOTE: District of Columbia Appropriations Act, 2012.>> IV

                          DISTRICT OF COLUMBIA

                              Federal Funds

              federal payment for resident tuition support

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

[[Page 125 STAT. 903]]

to pay up to $2,500 each year at eligible private institutions of higher 
education:  Provided further, That the awarding of such funds may be 
prioritized on the basis of a resident's academic merit, the income and 
need of eligible students and such other factors as may be authorized:  
Provided further, <<NOTE: Accounts.>> 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, <<NOTE: Deadlines. Reports.>> 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 <<NOTE: Time period. Notification.>> agencies:  Provided 
further, That 30 days after providing written notice to the Committees 
on Appropriations of the House of Representatives and the Senate, the

[[Page 125 STAT. 904]]

District of Columbia Courts may reallocate not more than $3,000,000 of 
the funds provided under this heading among the items and entities 
funded under this heading but no such allocation shall be increased by 
more than 10 percent.

  federal payment for defender services in district of columbia courts

                      (including transfer of funds)

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

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

    For salaries and expenses, including the transfer and hire of motor 
vehicles, of the Court Services and Offender Supervision Agency for the 
District of Columbia, as authorized by the National Capital 
Revitalization and Self-Government Improvement Act of 1997, 
$212,983,000, of which not to exceed $2,000 is for official reception 
and representation expenses related to Community Supervision and 
Pretrial Services Agency programs; of which not to exceed $25,000 is for 
dues and assessments relating to the implementation of the Court 
Services and Offender Supervision Agency Interstate Supervision Act of 
2002; of which $1,000,000 shall remain available until September 30, 
2014 for relocation of the Pretrial Services Agency drug testing 
laboratory; of which $153,548,000 shall be for necessary expenses of 
Community Supervision and Sex Offender Registration, to include expenses 
relating to the supervision of adults subject to protection orders or 
the provision of services for or related to such persons; of which 
$59,435,000 shall be available to the Pretrial Services Agency:  
Provided, That notwithstanding any other provision of law, all amounts 
under this heading shall be apportioned quarterly by

[[Page 125 STAT. 905]]

the Office of Management and Budget and obligated and expended in the 
same manner as funds appropriated for salaries and expenses of other 
Federal agencies:  Provided further, That not less than $1,500,000 shall 
be available for re-entrant housing in the District of Columbia:  
Provided further, That the Director is authorized to accept and use 
gifts in the form of in-kind contributions of space and hospitality to 
support offender and defendant programs, and equipment and vocational 
training services to educate and train offenders and defendants:  
Provided further, <<NOTE: Records. Public information.>> That the 
Director shall keep accurate and detailed records of the acceptance and 
use of any gift or donation under the previous proviso, and shall make 
such records available for audit and public inspection:  Provided 
further, That the Court Services and Offender Supervision Agency 
Director is authorized to accept and use reimbursement from the District 
of Columbia Government for space and services provided on a cost 
reimbursable basis.

   federal payment to the district of columbia public defender service

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

  federal payment to the district of columbia water and sewer authority

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

      federal payment to the criminal justice coordinating council

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

                federal payment for judicial commissions

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

                 federal payment for school improvement

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

[[Page 125 STAT. 906]]

       federal payment for the district of columbia national guard

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

          federal payment for testing and treatment of hiv/aids

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

                       District of Columbia Funds

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

[[Page 125 STAT. 907]]

the Chief Financial Officer of the District of Columbia shall take such 
steps as are necessary to assure that the District of Columbia meets 
these requirements, including the apportioning by the Chief Financial 
Officer of the appropriations and funds made available to the District 
during fiscal year 2012, except that the Chief Financial Officer may not 
reprogram for operating expenses any funds derived from bonds, notes, or 
other obligations issued for capital projects.

     This title may be cited as the ``District of Columbia 
Appropriations Act, 2012''.

                                 TITLE V

                          INDEPENDENT AGENCIES

             Administrative Conference of the United States

                          salaries and expenses

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

               Christopher Columbus Fellowship Foundation

                          salaries and expenses

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

                   Consumer Product Safety Commission

                          salaries and expenses

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

      administrative provisions--consumer product safety commission

    Sec. 501.  Section 4(g) of the Consumer Product Safety Act (15 
U.S.C. 2053(g)) is amended by adding at the end the following:
            ``(5) The Chairman may provide to officers and employees of 
        the Commission who are appointed or assigned by the Commission 
        to serve abroad (as defined in section 102 of the Foreign 
        Service Act of 1980 (22 U.S.C. 3902)) travel benefits similar to 
        those authorized for members of the Foreign Service

[[Page 125 STAT. 908]]

        of the United Service under chapter 9 of such Act (22 U.S.C. 
        4081 et seq.).''.

    Sec. 502. (a) Extension of Grant Program.--Section 1405(e) of the 
Virginia Graeme Baker Pool and Spa Safety Act (15 U.S.C. 8004(e)) is 
amended by striking ``2011'' and inserting ``2012''.
    (b) New Swimming Pools.--Section 1405(b) of the Virginia Graeme 
Baker Pool and Spa Safety Act (15 U.S.C. 8004 (b)) is amended by 
inserting ``constructed after the date that is 6 months after the date 
of enactment of the Financial Services and General Government 
Appropriations Act, 2012'' after ``swimming pools''.
    Sec. 503.  <<NOTE: Deadline. Reports.>> 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.  <<NOTE: Deadline. Reports.>> Not later than 150 days 
after the date of the enactment of this Act, the Comptroller General of 
the United States shall conduct an analysis of--
            (1) the extent to which manufacturers comply with voluntary 
        industry standards for consumer products, particularly with 
        respect to inexpensive, imported products;
            (2) whether there are consequences for such manufacturers 
        for failing to comply with such standards;
            (3) whether the Consumer Product Safety Commission has the 
        authority and the ability to require compliance with such 
        standards; and
            (4) whether there are patterns of non-compliance with such 
        standards among certain types of products or certain types of 
        manufacturers.

                     Election Assistance Commission

                          salaries and expenses

                      (including transfer of funds)

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

                    Federal Communications Commission

                          salaries and expenses

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

[[Page 125 STAT. 909]]

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

      administrative provisions--federal communications commission

    Sec. 510.  Section 302 of the Universal Service Antideficiency 
Temporary Suspension Act <<NOTE: 118 Stat. 3998.>> is amended by 
striking ``December 31, 2011'', each place it appears and inserting 
``December 31, 2013''.

    Sec. 511.  None of the funds appropriated by this Act may be used by 
the Federal Communications Commission to modify, amend, or change its 
rules or regulations for universal service support payments to implement 
the February 27, 2004 recommendations of the Federal-State Joint Board 
on Universal Service regarding single connection or primary line 
restrictions on universal service support payments.

                  Federal Deposit Insurance Corporation

                     office of the inspector general

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

                       Federal Election Commission

                          salaries and expenses

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

[[Page 125 STAT. 910]]

                    Federal Labor Relations Authority

                          salaries and expenses

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

                        Federal Trade Commission

                          salaries and expenses

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

[[Page 125 STAT. 911]]

                     General Services Administration

                        real property activities

                         federal buildings fund

                 limitations on availability of revenue

    Amounts in the Fund, including revenues and collections deposited 
into the Fund shall be available for necessary expenses of real property 
management and related activities not otherwise provided for, including 
operation, maintenance, and protection of federally owned and leased 
buildings; rental of buildings in the District of Columbia; restoration 
of leased premises; moving governmental agencies (including space 
adjustments and telecommunications relocation expenses) in connection 
with the assignment, allocation and transfer of space; contractual 
services incident to cleaning or servicing buildings, and moving; repair 
and alteration of federally owned buildings including grounds, 
approaches and appurtenances; care and safeguarding of sites; 
maintenance, preservation, demolition, and equipment; acquisition of 
buildings and sites by purchase, condemnation, or as otherwise 
authorized by law; acquisition of options to purchase buildings and 
sites; conversion and extension of federally owned buildings; 
preliminary planning and design of projects by contract or otherwise; 
construction of new buildings (including equipment for such buildings); 
and payment of principal, interest, and any other obligations for public 
buildings acquired by installment purchase and purchase contract; in the 
aggregate amount of $8,017,967,000, of which: (1) $50,000,000 shall 
remain available until expended for construction and acquisition 
(including funds for sites and expenses, and associated design and 
construction services):  
Provided, <<NOTE: Plans. Deadlines. Notification.>> 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 <<NOTE: Advance 
approval.>> 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, <<NOTE: Advance approval.>> That 
additional projects for which prospectuses have been fully approved may 
be funded under this category only if advance approval is obtained from 
the Committees on Appropriations:  Provided further, That the amounts 
provided in this or any prior Act for ``Repairs and Alterations'' may be 
used to fund costs associated with implementing security improvements to 
buildings necessary to meet the minimum standards for security in 
accordance with current law and in compliance with the reprogramming 
guidelines of the appropriate Committees of the House and Senate:  
Provided further, That the difference

[[Page 125 STAT. 912]]

between the funds appropriated and expended on any projects in this or 
any prior Act, under the heading ``Repairs and Alterations'', may be 
transferred to Basic Repairs and Alterations or used to fund authorized 
increases in prospectus <<NOTE: Expiration date.>> projects:  Provided 
further, That all funds for repairs and alterations prospectus projects 
shall expire on September 30, 2013 and remain in the Federal Buildings 
Fund except funds for projects as to which funds for design or other 
funds have been obligated in whole or in part prior to such date:  
Provided further, That the amount provided in this or any prior Act for 
Basic Repairs and Alterations may be used to pay claims against the 
Government arising from any projects under the heading ``Repairs and 
Alterations'' or used to fund authorized increases in prospectus 
projects; (3) $126,801,000 for installment acquisition payments 
including payments on purchase contracts which shall remain available 
until expended; (4) $5,210,198,000 for rental of space which shall 
remain available until expended; and (5) $2,350,968,000 for building 
operations which shall remain available until expended:  Provided 
further, That funds available to the General Services Administration 
shall not be available for expenses of any construction, repair, 
alteration and acquisition project for which a prospectus, if required 
by 40 U.S.C. 3307(a), has not been approved, except that necessary funds 
may be expended for each project for required expenses for the 
development of a proposed prospectus:  Provided further, That funds 
available in the Federal Buildings Fund may be expended for emergency 
repairs when advance approval is obtained from the Committees on 
Appropriations:  Provided further, That amounts necessary to provide 
reimbursable special services to other agencies under 40 U.S.C. 
592(b)(2) and amounts to provide such reimbursable fencing, lighting, 
guard booths, and other facilities on private or other property not in 
Government ownership or control as may be appropriate to enable the 
United States Secret Service to perform its protective functions 
pursuant to 18 U.S.C. 3056, shall be available from such revenues and 
collections:  Provided further, That revenues and collections and any 
other sums accruing to this Fund during fiscal year 2012, excluding 
reimbursements under 40 U.S.C. 592(b)(2) in excess of the aggregate new 
obligational authority authorized for Real Property Activities of the 
Federal Buildings Fund in this Act shall remain in the Fund and shall 
not be available for expenditure except as authorized in appropriations 
Acts.

                           general activities

                         government-wide policy

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

                           operating expenses

    For expenses authorized by law, not otherwise provided for, for 
Government-wide activities associated with utilization and donation of 
surplus personal property; disposal of real property; agency-

[[Page 125 STAT. 913]]

wide policy direction, management, and communications; the Civilian 
Board of Contract Appeals; services as authorized by 5 U.S.C. 3109; and 
not to exceed $7,500 for official reception and representation expenses; 
$69,500,000.

                       office of inspector general

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

                       electronic government fund

                      (including transfer of funds)

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

            allowances and office staff for former presidents

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

                      federal citizen services fund

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

[[Page 125 STAT. 914]]

       Administrative Provisions--General Services Administration

              (including transfers of funds and rescission)

    Sec. 520.  Funds available to the General Services Administration 
shall be available for the hire of passenger motor vehicles.
    Sec. 521.  Funds in the Federal Buildings Fund made available for 
fiscal year 2012 for Federal Buildings Fund activities may be 
transferred between such activities only to the extent necessary to meet 
program requirements:  Provided, <<NOTE: Advance approval.>> 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.  <<NOTE: Contracts. Determination. Explanatory 
statement.>> In any case in which the Committee on Transportation and 
Infrastructure of the House of Representatives and the Committee on 
Environment and Public Works of the Senate adopt a resolution granting 
lease authority pursuant to a prospectus transmitted to Congress by the 
Administrator of the General Services Administration under 40 U.S.C. 
3307, the Administrator shall ensure that the delineated area of 
procurement is identical to the delineated area included in the 
prospectus for all lease agreements, except that, if the Administrator 
determines that the delineated area of the procurement should not be 
identical to the delineated area included in the prospectus, the 
Administrator shall provide an explanatory statement to each of such 
committees and the Committees on Appropriations of the House of 
Representatives and the Senate prior to exercising any lease authority 
provided in the resolution.

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

[[Page 125 STAT. 915]]

            (2) deleting ``paragraph (2)'' and inserting in lieu thereof 
        ``subparagraphs (A) and (C) to (J) of section 1122(a)(5) of this 
        title''.

    Sec. 527.  Of the amounts made available under the heading ``Policy 
and Operations'' for the maintenance, protection, and disposal of the 
U.S. Coast Guard Service Center at Governor's Island, New York and the 
Lorton Correctional Facility in Lorton, Virginia in prior years whether 
appropriated directly to the General Services Administration (GSA) or to 
any other agency of the Government and received by GSA for such purpose, 
$4,600,000 are rescinded.
    Sec. 528.  <<NOTE: Deadline. Reports.>> Within 120 days of 
enactment, the General Services Administration shall submit a detailed 
report to the Committees on Appropriations of the House of 
Representatives and the Senate that describes each program, project, or 
activity that is funded by appropriations to General Services 
Administration but is not under the control or direction, in statute or 
in practice, of the Administrator of General Services.

                  Harry S Truman Scholarship Foundation

                          salaries and expenses

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

                     Merit Systems Protection Board

                          salaries and expenses

                      (including transfer of funds)

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

             Morris K. Udall and Stewart L. Udall Foundation

             morris k. udall and stewart l. udall trust fund

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

[[Page 125 STAT. 916]]

to carry out the activities authorized by section 6(7) of Public Law 
102-259 (20 U.S.C. 5604(7)).

                  environmental dispute resolution fund

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

              National Archives and Records Administration

                           operating expenses

                      (including transfer of funds)

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

                       office of inspector general

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

                         repairs and restoration

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

[[Page 125 STAT. 917]]

         national historical publications and records commission

                             grants program

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

                  National Credit Union Administration

                       central liquidity facility

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

                community development revolving loan fund

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

                       Office of Government Ethics

                          salaries and expenses

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

                     Office of Personnel Management

                          salaries and expenses

                   (including transfer of trust funds)

    For necessary expenses to carry out functions of the Office of 
Personnel Management (OPM) pursuant to Reorganization Plan Numbered 2 of 
1978 and the Civil Service Reform Act of 1978, including services as 
authorized by 5 U.S.C. 3109; medical examinations performed for veterans 
by private physicians on a fee basis; rental of conference rooms in the 
District of Columbia and elsewhere; hire of passenger motor vehicles; 
not to exceed $2,500 for official reception and representation expenses; 
advances for reimbursements to applicable funds of OPM and the Federal 
Bureau of Investigation for expenses incurred under Executive Order No. 
10422 of January 9, 1953, as amended; and payment of per diem and/or 
subsistence allowances to employees where Voting Rights Act activities 
require an employee to remain overnight at his or

[[Page 125 STAT. 918]]

her post of duty, $97,774,000, of which $6,004,000 shall remain 
available until expended for the Enterprise Human Resources Integration 
project, of which $642,000 may be for strengthening the capacity and 
capabilities of the acquisition workforce (as defined by the Office of 
Federal Procurement Policy Act, as amended (41 U.S.C. 4001 et seq.)), 
including the recruitment, hiring, training, and retention of such 
workforce and information technology in support of acquisition workforce 
effectiveness or for management solutions to improve acquisition 
management, and of which $1,416,000 shall remain available until 
expended for the Human Resources Line of Business project; and in 
addition $112,516,000 for administrative expenses, to be transferred 
from the appropriate trust funds of OPM without regard to other 
statutes, including direct procurement of printed materials, for the 
retirement and insurance programs:  Provided, That the provisions of 
this appropriation shall not affect the authority to use applicable 
trust funds as provided by sections 8348(a)(1)(B), and 9004(f)(2)(A) of 
title 5, United States Code:  Provided further, That no part of this 
appropriation shall be available for salaries and expenses of the Legal 
Examining Unit of OPM established pursuant to Executive Order No. 9358 
of July 1, 1943, or any successor unit of like purpose:  Provided 
further, That the President's Commission on White House Fellows, 
established by Executive Order No. 11183 of October 3, 1964, may, during 
fiscal year 2012, accept donations of money, property, and personal 
services:  Provided further, That such donations, including those from 
prior years, may be used for the development of publicity materials to 
provide information about the White House Fellows, except that no such 
donations shall be accepted for travel or reimbursement of travel 
expenses, or for the salaries of employees of such Commission.

                       office of inspector general

                          salaries and expenses

                   (including transfer of trust funds)

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

      government payment for annuitants, employees health benefits

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

[[Page 125 STAT. 919]]

       government payment for annuitants, employee life insurance

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

         payment to civil service retirement and disability fund

    For financing the unfunded liability of new and increased annuity 
benefits becoming effective on or after October 20, 1969, as authorized 
by 5 U.S.C. 8348, and annuities under special Acts to be credited to the 
Civil Service Retirement and Disability Fund, such sums as may be 
necessary:  Provided, <<NOTE: 33 USC 776.>> That annuities authorized by 
the Act of May 29, 1944, and the Act of August 19, 1950 (33 U.S.C. 771-
775), may hereafter be paid out of the Civil Service Retirement and 
Disability Fund.

                        Office of Special Counsel

                          salaries and expenses

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

                      Postal Regulatory Commission

                          salaries and expenses

                      (including transfer of funds)

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

               Privacy and Civil Liberties Oversight Board

                          salaries and expenses

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

[[Page 125 STAT. 920]]

             Recovery Accountability and Transparency Board

                          salaries and expenses

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

                   Securities and Exchange Commission

                          salaries and expenses

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

                        Selective Service System

                          salaries and expenses

    For necessary expenses of the Selective Service System, including 
expenses of attendance at meetings and of training for uniformed 
personnel assigned to the Selective Service System, as authorized by 5 
U.S.C. 4101-4118 for civilian employees; purchase of uniforms, or 
allowances therefor, as authorized by 5 U.S.C. 5901-5902; hire of 
passenger motor vehicles; services as authorized by 5 U.S.C. 3109; and 
not to exceed $750 for official reception and representation expenses; 
$23,984,000:  Provided, <<NOTE: President. Exemption authority.>> That 
during the current fiscal year, the President may exempt this 
appropriation from the provisions of 31 U.S.C. 1341, whenever the 
President

[[Page 125 STAT. 921]]

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

                      Small Business Administration

                          salaries and expenses

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

                       office of inspector general

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

                           office of advocacy

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

                     business loans program account

                      (including transfer of funds)

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

[[Page 125 STAT. 922]]

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

                     disaster loans program account

                     (including transfers of funds)

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

        administrative provisions--small business administration

                      (including transfer of funds)

    Sec. 530.  Not to exceed 5 percent of any appropriation made 
available for the current fiscal year for the Small Business 
Administration in this Act may be transferred between such 
appropriations, but no such appropriation shall be increased by more 
than 10 percent by any such transfers:  Provided, That any transfer 
pursuant to this paragraph shall be treated as a reprogramming of funds 
under section 608 of this Act and shall not be available for obligation 
or expenditure except in compliance with the procedures set forth in 
that section.
    Sec. 531.  Section 7(d)(5)(D) of the Small Business Act (15 U.S.C. 
636(d)(5)(D)) is amended by striking ``three years'' and inserting ``7 
years''.

[[Page 125 STAT. 923]]

    Sec. 532.  <<NOTE: Effective date. Budget justification. 15 USC 
633a.>> Beginning in fiscal year 2013 and each fiscal year thereafter, 
the budget request for the Small Business Administration shall provide a 
detailed justification of any proposed changes from the enacted level by 
individual appropriation. The detailed justification shall include at a 
minimum a description of each credit and non-credit program including 
amount of funding and costs by appropriation account and fiscal year. 
For activities funded in multiple appropriations, the budget 
justification shall specify the amount included in each enacted 
appropriation, the amount proposed in the budget year and a 
justification for any proposed changes.

                      United States Postal Service

                   payment to the postal service fund

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

                       office of inspector general

                          salaries and expenses

                      (including transfer of funds)

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

                         United States Tax Court

                          salaries and expenses

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

[[Page 125 STAT. 924]]

                                TITLE VI

                      GENERAL PROVISIONS--THIS ACT

                         (including rescissions)

    Sec. 601.  None of the funds in this Act shall be used for the 
planning or execution of any program to pay the expenses of, or 
otherwise compensate, non-Federal parties intervening in regulatory or 
adjudicatory proceedings funded in this Act.
    Sec. 602.  None of the funds appropriated in this Act shall remain 
available for obligation beyond the current fiscal year, nor may any be 
transferred to other appropriations, unless expressly so provided 
herein.
    Sec. 603.  <<NOTE: Contracts.>> The expenditure of any appropriation 
under this Act for any consulting service through procurement contract 
pursuant to 5 U.S.C. 3109, shall be limited to those contracts where 
such expenditures are a matter of public record and available for public 
inspection, except where otherwise provided under existing law, or under 
existing Executive order issued pursuant to existing law.

    Sec. 604.  None of the funds made available in this Act may be 
transferred to any department, agency, or instrumentality of the United 
States Government, except pursuant to a transfer made by, or transfer 
authority provided in, this Act or any other appropriations Act.
    Sec. 605.  None of the funds made available by this Act shall be 
available for any activity or for paying the salary of any Government 
employee where funding an activity or paying a salary to a Government 
employee would result in a decision, determination, rule, regulation, or 
policy that would prohibit the enforcement of section 307 of the Tariff 
Act of 1930 (19 U.S.C. 1307).
    Sec. 606.  No funds appropriated pursuant to this Act may be 
expended by an entity unless the entity agrees that in expending the 
assistance the entity will comply with the Buy American Act (41 U.S.C. 
10a-10c).
    Sec. 607.  No funds appropriated or otherwise made available under 
this Act shall be made available to any person or entity that has been 
convicted of violating the Buy American Act (41 U.S.C. 10a-10c).
    Sec. 608.  Except as otherwise provided in this Act, none of the 
funds provided in this Act, provided by previous appropriations Acts to 
the agencies or entities funded in this Act that remain available for 
obligation or expenditure in fiscal year 2012, or provided from any 
accounts in the Treasury derived by the collection of fees and available 
to the agencies funded by this Act, shall be available for obligation or 
expenditure through a reprogramming of funds that: (1) creates a new 
program; (2) eliminates a program, project, or activity; (3) increases 
funds or personnel for any program, project, or activity for which funds 
have been denied or restricted by the Congress; (4) proposes to use 
funds directed for a specific activity by the Committee on 
Appropriations of either the House of Representatives or the Senate for 
a different purpose; (5) augments existing programs, projects, or 
activities in excess of $5,000,000 or 10 percent, whichever is less; (6) 
reduces existing programs, projects, or activities by $5,000,000 or 10 
percent, whichever is less; or (7) creates or reorganizes offices, 
programs, or

[[Page 125 STAT. 925]]

activities unless prior approval is received from the Committees on 
Appropriations of the House of Representatives and the Senate:  
Provided, <<NOTE: Consultation.>> 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 <<NOTE: Deadline. Reports.>> 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, <<NOTE: Reports.>> 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, <<NOTE: Fines.>> 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, <<NOTE: Expenditure request.>> 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.  <<NOTE: Background reports.>> 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.  <<NOTE: Abortion.>> No funds appropriated by this Act 
shall be available to pay for an abortion, or the administrative 
expenses in connection

[[Page 125 STAT. 926]]

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

    Sec. 614.  <<NOTE: Abortion.>> 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.  <<NOTE: Time period. 31 USC 5112 note.>> For purposes of 
Public Law 109-285, the period described in section 5134(f)(1)(B) of 
title 31, United States Code, shall be treated as a 2-year, 9-month 
period.

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

[[Page 125 STAT. 927]]

            (2) inserting in section 253(d) (42 U.S.C. 15403) ``notice 
        of'' prior to ``the State plan'';
            (3) inserting in section 254(a)(11) (42 U.S.C. 15404) 
        ``notice of'' prior to ``the change''; and
            (4) inserting in section 254(a)(11)(C) (42 U.S.C. 15404) 
        ``notice of'' prior to ``the change''.

    Sec. 623.  From the unobligated balances available in the Securities 
and Exchange Commission Reserve Fund established by section 991 of the 
Dodd-Frank Wall Street Reform and Consumer Protection Act (Public Law 
111-203), $25,000,000 are rescinded.
    Sec. 624.  <<NOTE: Deadlines. Reports.>> 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. <<NOTE: Contracts. Consultation.>> (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) <<NOTE: Definition.>> For purposes of this section, the term 
``Executive agency covered by this Act'' means any Executive agency 
provided funds by this Act, but does not include the General Services 
Administration or the United States Postal Service.

    Sec. 626.  None of the funds made available in this Act may be used 
by the Federal Trade Commission to complete the draft report entitled 
``Interagency Working Group on Food Marketed to Children: Preliminary 
Proposed Nutrition Principles to Guide Industry Self-Regulatory 
Efforts'' unless the Interagency Working Group on Food Marketed to 
Children complies with Executive Order No. 13563.
    Sec. 627.  None of the funds made available by this Act may be used 
to pay the salaries and expenses for the following positions:
            (1) Director, White House Office of Health Reform.
            (2) Assistant to the President for Energy and Climate 
        Change.
            (3) Senior Advisor to the Secretary of the Treasury assigned 
        to the Presidential Task Force on the Auto Industry and Senior 
        Counselor for Manufacturing Policy.
            (4) White House Director of Urban Affairs.

    Sec. 628.  <<NOTE: Global Positioning System.>> None of the funds 
made available in this Act may be used by the Federal Communications 
Commission to remove the conditions imposed on commercial terrestrial 
operations in the Order and Authorization adopted by the Commission on 
January 26, 2011 (DA 11-133), or otherwise permit such operations, until 
the Commission has resolved concerns of potential widespread

[[Page 125 STAT. 928]]

harmful interference by such commercial terrestrial operations to 
commercially available Global Positioning System devices.

    Sec. 629.  None of the funds made available by this Act may be 
expended for any new hire by any Federal agency funded in this Act that 
is not verified through the E-Verify Program established under section 
403(a) of the Illegal Immigration Reform and Immigrant Responsibility 
Act of 1996 (8 U.S.C. 1324a note).
    Sec. 630.  <<NOTE: Corporations. Tax liability.>> 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.  <<NOTE: Corporations. Criminal violation.>> 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.  <<NOTE: Drug-free workplaces.>> 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.  <<NOTE: 31 USC 1343 note.>> Unless otherwise specifically 
provided, the maximum amount allowable during the current fiscal year in 
accordance with subsection 1343(c) of title 31, United States Code, for 
the purchase of any passenger motor vehicle (exclusive of buses, 
ambulances, law enforcement, and undercover surveillance vehicles), is 
hereby fixed at $13,197 except station wagons for which the maximum 
shall be $13,631:  Provided, That these limits may be exceeded

[[Page 125 STAT. 929]]

by not to exceed $3,700 for police-type vehicles, and by not to exceed 
$4,000 for special heavy-duty vehicles:  Provided further, That the 
limits set forth in this section may not be exceeded by more than 5 
percent for electric or hybrid vehicles purchased for demonstration 
under the provisions of the Electric and Hybrid Vehicle Research, 
Development, and Demonstration Act of 1976:  Provided further, That the 
limits set forth in this section may be exceeded by the incremental cost 
of clean alternative fuels vehicles acquired pursuant to Public Law 101-
549 over the cost of comparable conventionally fueled vehicles:  
Provided further, That the limits set forth in this section shall not 
apply to any vehicle that is a commercial item and which operates on 
emerging motor vehicle technology, including but not limited to 
electric, plug-in hybrid electric, and hydrogen fuel cell vehicles.

    Sec. 703.  Appropriations of the executive departments and 
independent establishments for the current fiscal year available for 
expenses of travel, or for the expenses of the activity concerned, are 
hereby made available for quarters allowances and cost-of-living 
allowances, in accordance with 5 U.S.C. 5922-5924.
    Sec. 704.  <<NOTE: 5 USC 3101 note.>> 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, <<NOTE: Affidavit.>> 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, <<NOTE: Penalties.>> 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, <<NOTE: Time period.>> That this section does not 
apply to the employment as Wildland firefighters for not more than 120 
days of nonresident aliens employed by the Department of the Interior or 
the USDA Forest Service pursuant to an agreement with another country.

[[Page 125 STAT. 930]]

    Sec. 705.  Appropriations available to any department or agency 
during the current fiscal year for necessary expenses, including 
maintenance or operating expenses, shall also be available for payment 
to the General Services Administration for charges for space and 
services and those expenses of renovation and alteration of buildings 
and facilities which constitute public improvements performed in 
accordance with the Public Buildings Act of 1959 (73 Stat. 479), the 
Public Buildings Amendments of 1972 (86 Stat. 216), or other applicable 
law.
    Sec. 706.  In addition to funds provided in this or any other Act, 
all Federal agencies are authorized to receive and use funds resulting 
from the sale of materials, including Federal records disposed of 
pursuant to a records schedule recovered through recycling or waste 
prevention programs. Such funds shall be available until expended for 
the following purposes:
            (1) Acquisition, waste reduction and prevention, and 
        recycling programs as described in Executive Order No. 13423 
        (January 24, 2007), including any such programs adopted prior to 
        the effective date of the Executive order.
            (2) Other Federal agency environmental management programs, 
        including, but not limited to, the development and 
        implementation of hazardous waste management and pollution 
        prevention programs.
            (3) Other employee programs as authorized by law or as 
        deemed appropriate by the head of the Federal agency.

    Sec. 707.  <<NOTE: Applicability.>> 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.  <<NOTE: Notification.>> During the period in which the 
head of any department or agency, or any other officer or civilian 
employee of the Federal Government appointed by the President of the 
United States, holds office, no funds may be obligated or expended in 
excess of $5,000 to furnish or redecorate the office of such department 
head, agency head, officer, or employee, or to purchase furniture or 
make improvements for any such office, unless advance notice of such 
furnishing or redecoration is transmitted to the Committees on 
Appropriations of the House of Representatives and

[[Page 125 STAT. 931]]

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

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

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

[[Page 125 STAT. 932]]

            (2) removes, suspends from duty without pay, demotes, 
        reduces in rank, seniority, status, pay, or performance or 
        efficiency rating, denies promotion to, relocates, reassigns, 
        transfers, disciplines, or discriminates in regard to any 
        employment right, entitlement, or benefit, or any term or 
        condition of employment of, any other officer or employee of the 
        Federal Government, or attempts or threatens to commit any of 
        the foregoing actions with respect to such other officer or 
        employee, by reason of any communication or contact of such 
        other officer or employee with any Member, committee, or 
        subcommittee of the Congress as described in paragraph (1).

    Sec. 714. (a) None of the funds made available in this or any other 
Act may be obligated or expended for any employee training that--
            (1) does not meet identified needs for knowledge, skills, 
        and abilities bearing directly upon the performance of official 
        duties;
            (2) contains elements likely to induce high levels of 
        emotional response or psychological stress in some participants;
            (3) does not require prior employee notification of the 
        content and methods to be used in the training and written end 
        of course evaluation;
            (4) contains any methods or content associated with 
        religious or quasi-religious belief systems or ``new age'' 
        belief systems as defined in Equal Employment Opportunity 
        Commission Notice N-915.022, dated September 2, 1988; or
            (5) is offensive to, or designed to change, participants' 
        personal values or lifestyle outside the workplace.

    (b) Nothing in this section shall prohibit, restrict, or otherwise 
preclude an agency from conducting training bearing directly upon the 
performance of official duties.
    Sec. 715. (a) No funds appropriated in this or any other Act may be 
used to implement or enforce the agreements in Standard Forms 312 and 
4414 of the Government or any other nondisclosure policy, form, or 
agreement if such policy, form, or agreement does not contain the 
following provisions: ``These restrictions are consistent with and do 
not supersede, conflict with, or otherwise alter the employee 
obligations, rights, or liabilities created by Executive Order No. 
12958; section 7211 of title 5, United States Code (governing 
disclosures to Congress); section 1034 of title 10, United States Code, 
as amended by the Military Whistleblower Protection Act (governing 
disclosure to Congress by members of the military); section 2302(b)(8) 
of title 5, United States Code, as amended by the Whistleblower 
Protection Act of 1989 (governing disclosures of illegality, waste, 
fraud, abuse or public health or safety threats); the Intelligence 
Identities Protection Act of 1982 (50 U.S.C. 421 et seq.) (governing 
disclosures that could expose confidential Government agents); and the 
statutes which protect against disclosure that may compromise the 
national security, including sections 641, 793, 794, 798, and 952 of 
title 18, United States Code, and section 4(b) of the Subversive 
Activities Act of 1950 (50 U.S.C. 783(b)). The definitions, 
requirements, obligations, rights, sanctions, and liabilities created by 
said Executive order and listed statutes are incorporated into this 
agreement and are <<NOTE: Nondisclosure agreement.>> controlling.'':  
Provided, That notwithstanding the preceding provision of this section, 
a nondisclosure policy form or agreement that is to be executed by

[[Page 125 STAT. 933]]

a person connected with the conduct of an intelligence or intelligence-
related activity, other than an employee or officer of the United States 
Government, may contain provisions appropriate to the particular 
activity for which such document is to be used. Such form or agreement 
shall, at a minimum, require that the person will not disclose any 
classified information received in the course of such activity unless 
specifically authorized to do so by the United States Government. Such 
nondisclosure forms shall also make it clear that they do not bar 
disclosures to Congress, or to an authorized official of an executive 
agency or the Department of Justice, that are essential to reporting a 
substantial violation of law.

    (b) <<NOTE: Effective date.>> 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.  <<NOTE: Lobbying.>> No part of any funds appropriated in 
this or any other Act shall be used by an agency of the executive 
branch, other than for normal and recognized executive-legislative 
relationships, for publicity or propaganda purposes, and for the 
preparation, distribution or use of any kit, pamphlet, booklet, 
publication, radio, television, or film presentation designed to support 
or defeat legislation pending before the Congress, except in 
presentation to the Congress itself.

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

[[Page 125 STAT. 934]]

private contractor, for publicity or propaganda purposes within the 
United States not heretofore authorized by the Congress.
    Sec. 720. (a) <<NOTE: Definition.>> 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, <<NOTE: Time period. Notification.>> 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.  <<NOTE: Breastfeeding.>> Notwithstanding any other 
provision of law, a woman may breastfeed her child at any location in a 
Federal building

[[Page 125 STAT. 935]]

or on Federal property, if the woman and her child are otherwise 
authorized to be present at the location.

    Sec. 724.  Notwithstanding 31 U.S.C. 1346, or section 708 of this 
Act, funds made available for the current fiscal year by this or any 
other Act shall be available for the interagency funding of specific 
projects, workshops, studies, and similar efforts to carry out the 
purposes of the National Science and Technology Council (authorized by 
Executive Order No. 12881), which benefit multiple Federal departments, 
agencies, or entities:  Provided, <<NOTE: Reports. Deadline.>> 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, <<NOTE: Applicability.>> That this provision shall apply to 
direct payments, formula funds, and grants received by a State receiving 
Federal funds.

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

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

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

[[Page 125 STAT. 936]]

    Sec. 727. (a) <<NOTE: Contracts. Contraceptives.>> 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) <<NOTE: Abortion.>> Nothing in this section shall be construed 
to require coverage of abortion or abortion-related services.

    Sec. 728.  <<NOTE: Sports. Drugs and drug abuse.>> 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) <<NOTE: Time period. Reports.>> For fiscal year 2012, 
no funds shall be available for transfers or reimbursements to the E-
Government initiatives sponsored by the Office of Management and Budget 
prior to 15 days following submission of a report to the Committees on 
Appropriations of the House of Representatives and the Senate by the 
Director of the Office of Management and Budget and receipt of approval 
to transfer funds by the Committees on Appropriations of the House of 
Representatives and the Senate.

[[Page 125 STAT. 937]]

    (b) The report in subsection (a) and other required justification 
materials shall include at a minimum--
            (1) a description of each initiative including but not 
        limited to its objectives, benefits, development status, risks, 
        cost effectiveness (including estimated net costs or savings to 
        the government), and the estimated date of full operational 
        capability;
            (2) the total development cost of each initiative by fiscal 
        year including costs to date, the estimated costs to complete 
        its development to full operational capability, and estimated 
        annual operations and maintenance costs; and
            (3) the sources and distribution of funding by fiscal year 
        and by agency and bureau for each initiative including agency 
        contributions to date and estimated future contributions by 
        agency.

    (c) No funds shall be available for obligation or expenditure for 
new E-Government initiatives without the explicit approval of the 
Committees on Appropriations of the House of Representatives and the 
Senate.
    Sec. 733.  <<NOTE: Study.>> 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.  <<NOTE: News story.>> 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.  <<NOTE: Evaluation. Travel cards. 5 USC 5701 note.>> 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. <<NOTE: Guidelines. Procedures.>> Each executive 
department and agency shall establish guidelines and procedures for 
disciplinary actions to be taken against agency personnel for improper, 
fraudulent, or abusive use of government charge cards, which shall 
include appropriate disciplinary actions for use of charge cards for 
purposes, and at

[[Page 125 STAT. 938]]

establishments, that are inconsistent with the official business of the 
Department or agency or with applicable standards of conduct.

    Sec. 737. (a) Definitions.--For purposes of this section the 
following definitions apply:
            (1) Great lakes.--The terms ``Great Lakes'' and ``Great 
        Lakes State'' have the same meanings as such terms have in 
        section 506 of the Water Resources Development Act of 2000 (42 
        U.S.C. 1962d-22).
            (2) Great lakes restoration activities.--The term ``Great 
        Lakes restoration activities'' means any Federal or State 
        activity primarily or entirely within the Great Lakes watershed 
        that seeks to improve the overall health of the Great Lakes 
        ecosystem.

    (b) Report.--Not <<NOTE: Certification.>> 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 <<NOTE: Contracts.>> 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 <<NOTE: Determination.>> Secretary 
        shall waive subsection (a) with respect to any Federal 
        Government contract under the authority of such Secretary if the 
        Secretary determines that the waiver is required in the interest 
        of national security.
            (2) Report to congress.--Any Secretary issuing a waiver 
        under paragraph (1) shall report such issuance to Congress.

[[Page 125 STAT. 939]]

    (c) Exception.--This section shall not apply to any Federal 
Government contract entered into before the date of the enactment of 
this Act, or to any task order issued pursuant to such contract.
    Sec. 739.  None of the funds made available by this or any other Act 
may be used to implement, administer, enforce, or apply the rule 
entitled ``Competitive Area'' published by the Office of Personnel 
Management in the Federal Register on April 15, 2008 (73 Fed. Reg. 20180 
et seq.).
    Sec. 740.  Section 743 of the Consolidated Appropriations Act, 2010 
(Public Law 111-117; 31 U.S.C. 501 note) is amended in subsection 
(a)(3), by inserting after ``exercise of an option'' the following: ``, 
and task orders issued under any such contract,''.
    Sec. 741.  During fiscal year 2012, for each employee who--
            (1) retires under section 8336(d)(2) or 8414(b)(1)(B) of 
        title 5, United States Code, or
            (2) retires under any other provision of subchapter III of 
        chapter 83 or chapter 84 of such title 5 and receives a payment 
        as an incentive to separate, the separating agency shall remit 
        to the Civil Service Retirement and Disability Fund an amount 
        equal to the Office of Personnel Management's average unit cost 
        of processing a retirement claim for the preceding fiscal year. 
        Such amounts shall be available until expended to the Office of 
        Personnel Management and shall be deemed to be an administrative 
        expense under section 8348(a)(1)(B) of title 5, United States 
        Code.

    Sec. 742.  Except as expressly provided otherwise, any reference to 
``this Act'' contained in any title other than title IV or VIII shall 
not apply to such title IV or VIII.
    Sec. 743. (a) <<NOTE: Election disclosure.>> None of the funds made 
available in this or any other Act may be used to recommend or require 
any entity submitting an offer for a Federal contract to disclose any of 
the following information as a condition of submitting the offer:
            (1) Any payment consisting of a contribution, expenditure, 
        independent expenditure, or disbursement for an electioneering 
        communication that is made by the entity, its officers or 
        directors, or any of its affiliates or subsidiaries to a 
        candidate for election for Federal office or to a political 
        committee, or that is otherwise made with respect to any 
        election for Federal office.
            (2) Any disbursement of funds (other than a payment 
        described in paragraph (1)) made by the entity, its officers or 
        directors, or any of its affiliates or subsidiaries to any 
        person with the intent or the reasonable expectation that the 
        person will use the funds to make a payment described in 
        paragraph (1).

    (b) In this section, each of the terms ``contribution'', 
``expenditure'', ``independent expenditure'', ``electioneering 
communication'', ``candidate'', ``election'', and ``Federal office'' has 
the meaning given such term in the Federal Election Campaign Act of 1971 
(2 U.S.C. 431 et seq.).
    Sec. 744.  Notwithstanding any other provision of law, until 
September 30, 2013, of the amounts made available for information 
technology investments under the heading ``Independent Agencies, 
Commodity Futures Trading Commission'' in the Agriculture, Rural 
Development, Food and Drug Administration, and Related Agencies 
Appropriations Act, 2012 (division A of Public Law 112-55), the Chairman 
of the Commodity Futures Trading Commission may

[[Page 125 STAT. 940]]

transfer not to exceed $10,000,000 under such heading for salaries and 
expenses of such Commission:  Provided, <<NOTE: Notification.>> 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.  <<NOTE: Lobbying.>> 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. <<NOTE: Notification. Time period.>> (a) None of the 
Federal funds provided under this Act to the agencies funded by this 
Act, both Federal and District government agencies, that remain 
available for obligation or expenditure in fiscal year 2012, or provided 
from any accounts in the Treasury of the United States derived by the 
collection of fees available to the agencies funded by this Act, shall 
be available for obligation or expenditures for an agency through a 
reprogramming of funds which--
            (1) creates new programs;
            (2) eliminates a program, project, or responsibility center;
            (3) establishes or changes allocations specifically denied, 
        limited or increased under this Act;
            (4) increases funds or personnel by any means for any 
        program, project, or responsibility center for which funds have 
        been denied or restricted;
            (5) re-establishes any program or project previously 
        deferred through reprogramming;
            (6) augments any existing program, project, or 
        responsibility center through a reprogramming of funds in excess 
        of $3,000,000 or 10 percent, whichever is less; or
            (7) increases by 20 percent or more personnel assigned to a 
        specific program, project or responsibility center,

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

[[Page 125 STAT. 941]]

    Sec. 805.  Except as otherwise provided in this section, none of the 
funds made available by this Act or by any other Act may be used to 
provide any officer or employee of the District of Columbia with an 
official vehicle unless the officer or employee uses the vehicle only in 
the performance of the officer's or employee's official duties. For 
purposes of this section, the term ``official duties'' does not include 
travel between the officer's or employee's residence and workplace, 
except in the case of--
            (1) an officer or employee of the Metropolitan Police 
        Department who resides in the District of Columbia or a District 
        of Columbia government employee as may otherwise be designated 
        by the Chief of the Department;
            (2) at the discretion of the Fire Chief, an officer or 
        employee of the District of Columbia Fire and Emergency Medical 
        Services Department who resides in the District of Columbia and 
        is on call 24 hours a day or is otherwise designated by the Fire 
        Chief;
            (3) at the discretion of the Director of the Department of 
        Corrections, an officer or employee of the District of Columbia 
        Department of Corrections who resides in the District of 
        Columbia and is on call 24 hours a day or is otherwise 
        designated by the Director;
            (4) the Mayor of the District of Columbia; and
            (5) the Chairman of the Council of the District of Columbia.

    Sec. 806. <<NOTE: Voting rights.>> (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.  <<NOTE: Needle distribution.>> 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.  <<NOTE: Contraceptives. Conscience exceptions.>> 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.  <<NOTE: Deadline. Reports.>> Hereafter, as part of the 
submission of the annual budget justification, the Mayor of the District 
of Columbia shall submit to the Committees on Appropriations of the 
House of Representatives and the Senate, the Committee on Oversight and 
Government Reform of the House of Representatives, and the Committee on 
Homeland Security and Governmental Affairs of the Senate a report 
addressing--
            (1) crime, including the homicide rate, implementation of 
        community policing, and the number of police officers on local 
        beats;
            (2) access to substance and alcohol abuse treatment, 
        including the number of treatment slots, the number of people

[[Page 125 STAT. 942]]

        served, the number of people on waiting lists, and the 
        effectiveness of treatment programs, the retention rates in 
        treatment programs, and the recidivism/re-arrest rates for 
        treatment participants;
            (3) education, including access to special education 
        services and student achievement to be provided in consultation 
        with the District of Columbia Public Schools, repeated grade 
        rates, high school graduation rates, and post-secondary 
        education attendance rates;
            (4) improvement in basic District services, including rat 
        control and abatement; and
            (5) application for and management of Federal grants, 
        including the number and type of grants for which the District 
        was eligible but failed to apply and the number and type of 
        grants awarded to the District but for which the District failed 
        to spend the amounts received.

    Sec. 810.  <<NOTE: Penalties. Drugs and drug abuse.>> 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.  <<NOTE: Abortion.>> 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) <<NOTE: Deadline. Operating budget.>> 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) <<NOTE: Applicability. Certification.>> 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.  <<NOTE: Deadline. Operating budget.>> No later than 30 
calendar days after the date of the enactment of this Act, the Chief 
Financial Officer for the District of Columbia shall submit to the 
appropriate committees of Congress, the Mayor, and the Council for the 
District of Columbia, a revised appropriated funds operating budget for 
the District of Columbia Public Schools that aligns schools budgets to 
actual enrollment. The revised appropriated funds budget shall be in the 
format of the budget that the District of Columbia government submitted 
pursuant to section 442 of the District of Columbia Home Rule Act (D.C. 
Official Code, Sec. 1-204.42).

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

[[Page 125 STAT. 943]]

    Sec. 815.  Notwithstanding any other laws, for this and succeeding 
fiscal years, the Director of the District of Columbia Public Defender 
Service shall, to the extent the Director considers appropriate, provide 
representation for and hold harmless, or provide liability insurance 
for, any person who is an employee, member of the Board of Trustees, or 
officer of the District of Columbia Public Defender Service for money 
damages arising out of any claim, proceeding, or case at law relating to 
the furnishing of representational services or management services or 
related services while acting within the scope of that person's office 
or employment, including, but not limited to such claims, proceedings, 
or cases at law involving employment actions, injury, loss of liberty, 
property damage, loss of property, or personal injury, or death arising 
from malpractice or negligence of any such officer or employee.
    Sec. 816.  Section 346 of the District of Columbia Appropriations 
Act, 2005 (Public Law 108-335) <<NOTE: 118 Stat. 1352.>> 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 <<NOTE: Department of Homeland Security 
  Appropriations Act, 2012.>> 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, <<NOTE: Deadline. Expenditure plan.>> 2012:  
Provided further,

[[Page 125 STAT. 944]]

That the Assistant Secretary for Policy shall submit to the Committees 
on Appropriations of the Senate and the House of Representatives not 
later than March 30, 2012, an expenditure plan for the Office of Policy 
which includes a detailed description of any funds transferred to the 
Office for counternarcotics enforcement and activities related to risk 
management and <<NOTE: Comprehensive plan.>> 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, <<NOTE: Reports. Deadlines.>> 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, <<NOTE: Deadline. Plans.>> That the Department of Homeland 
Security Chief Information Officer shall submit to the Committees on 
Appropriations of the Senate and the House of Representatives, at the 
time that the President's budget is submitted each year under section 
1105(a) of title 31, United States Code, a multi-year investment and 
management plan, to include each of fiscal years 2012 through

[[Page 125 STAT. 945]]

2015, for all information technology acquisition projects funded under 
this heading or funded by multiple components of the Department of 
Homeland Security through reimbursable agreements, that includes--
            (1) the proposed appropriations included for each project 
        and activity tied to mission requirements, program management 
        capabilities, performance levels, and specific capabilities and 
        services to be delivered;
            (2) the total estimated cost and projected timeline of 
        completion for all multi-year enhancements, modernizations, and 
        new capabilities that are proposed in such budget or underway;
            (3) a detailed accounting of operations and maintenance and 
        contractor services costs; and
            (4) a current acquisition program baseline for each project, 
        that--
                    (A) notes and explains any deviations in cost, 
                performance parameters, schedule, or estimated date of 
                completion from the original acquisition program 
                baseline;
                    (B) aligns the acquisition programs covered by the 
                baseline to mission requirements by defining existing 
                capabilities, identifying known capability gaps between 
                such existing capabilities and stated mission 
                requirements, and explaining how each increment will 
                address such known capability gaps; and
                    (C) defines life-cycle costs for such programs.

                         Analysis and Operations

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

                       Office of Inspector General

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

                                TITLE II

                SECURITY, ENFORCEMENT, AND INVESTIGATIONS

                   U.S. Customs and Border Protection

                          salaries and expenses

    For necessary expenses for enforcement of laws relating to border 
security, immigration, customs, agricultural inspections and regulatory 
activities related to plant and animal imports, and transportation of 
unaccompanied minor aliens; purchase and lease of up to 7,500 (6,500 for 
replacement only) police-type vehicles;

[[Page 125 STAT. 946]]

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

[[Page 125 STAT. 947]]

                    (B) defines life-cycle costs for each technology, 
                including all associated costs of major acquisitions 
                systems infrastructure and transition to operations, 
                delineated by purpose and fiscal year for the projected 
                service life of the technology; and
                    (C) includes a phase-out and decommissioning 
                schedule delineated by fiscal year for existing legacy 
                technology assets that each technology is intended to 
                replace or recapitalize.

                        automation modernization

    For expenses for U.S. Customs and Border Protection automated 
systems, $334,275,000, to remain available until September 30, 2014, of 
which not less than $140,000,000 shall be for the development of the 
Automated Commercial <<NOTE: Deadline. Expenditure plan. Project 
list.>> 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, <<NOTE: Expenditure plan. Deadline.>> 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, <<NOTE: Deadline. Plans.>> That the Commissioner of U.S. 
Customs and Border Protection shall submit to the Committees on 
Appropriations of the Senate and the House of Representatives, at the 
time that the President's budget is submitted each year under section 
1105(a) of title 31, United States Code, a multi-year investment and 
management plan for the Border Security Fencing, Infrastructure, and 
Technology account, that includes for each tactical infrastructure and 
technology deployment--
            (1) the funding level in that budget and projected funding 
        levels for each of the next 3 fiscal years, including a 
        description of the purpose of such funds;
            (2) the deployment plan, by border segment, that aligns each 
        deployment to mission requirements by defining existing 
        capabilities, identifying known capability gaps between such 
        existing capabilities and stated mission requirements related to 
        achieving operational control, and explaining how each tactical 
        infrastructure or technology deployment will address such known 
        capability gaps; and

[[Page 125 STAT. 948]]

            (3) a current acquisition program baseline that--
                    (A) notes and explains any deviations in cost, 
                performance parameters, schedule, or estimated date of 
                completion from the most recent acquisition program 
                baseline approved by the Department of Homeland Security 
                Acquisition Review Board;
                    (B) includes a phase-out and life-cycle 
                recapitalization schedule delineated by fiscal year for 
                existing and new tactical infrastructure and technology 
                deployments that each deployment is intended to replace 
                or recapitalize; and
                    (C) includes qualitative performance metrics that 
                assess the effectiveness of new and existing tactical 
                infrastructure and technology deployments and inform the 
                next multi-year investment and management plan related 
                to achieving operational control of the Northern and 
                Southwest borders of the United States.

  air and marine interdiction, operations, maintenance, and procurement

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

                 construction and facilities management

    For necessary expenses to plan, acquire, construct, renovate, equip, 
furnish, operate, manage, and maintain buildings, facilities, and 
related infrastructure necessary for the administration and enforcement 
of the laws relating to customs, immigration, and

[[Page 125 STAT. 949]]

border security, $236,596,000, to remain available until September 30, 
2016:  Provided, <<NOTE: Plans. Deadline. 6 USC 214 note.>> 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, <<NOTE: Deadline. Inventory. Plans.>> 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, <<NOTE: Waiver authority.>> 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, <<NOTE: Reports. Deadlines.>> 2013:  Provided further, 
That the Assistant Secretary of Homeland Security for U.S. Immigration 
and Customs Enforcement shall report to

[[Page 125 STAT. 950]]

the Committees on Appropriations of the Senate and the House of 
Representatives, not later than 45 days after the end of each quarter of 
the fiscal year, on progress in implementing the preceding proviso and 
the funds obligated during that quarter to make such progress:  Provided 
further, <<NOTE: Aliens.>> That the Secretary of Homeland Security shall 
prioritize the identification and removal of aliens convicted of a crime 
by the severity of that <<NOTE: Detention beds.>> 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, <<NOTE: Determination.>> 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, <<NOTE: Contracts.>> That none of the funds provided under this 
heading may be used to continue any contract for the provision of 
detention services if the two most recent overall performance 
evaluations received by the contracted facility are less than 
``adequate'' or the equivalent median score in any subsequent 
performance evaluation system:  Provided further, That nothing under 
this heading shall prevent U.S. Immigration and Customs Enforcement from 
exercising those authorities provided under immigration laws (as defined 
in section 101(a)(17) of the Immigration and Nationality Act (8 U.S.C. 
1101(a)(17))) during priority operations pertaining to aliens convicted 
of a crime.

                        automation modernization

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

                 Transportation Security Administration

                            aviation security

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

[[Page 125 STAT. 951]]

and small-sized airports:  Provided further, <<NOTE: Explosives 
detection systems.>> 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 <<NOTE: Fees.>> $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, <<NOTE: Deadline. Reports.>> That not later than 90 days after 
the date of enactment of this Act, the Secretary of Homeland Security 
shall submit to the Committees on Appropriations of the Senate and the 
House of Representatives a detailed report on--
            (1) the Department of Homeland Security efforts and 
        resources being devoted to develop more advanced integrated 
        passenger screening technologies for the most effective security 
        of passengers and baggage at the lowest possible operating and 
        acquisition costs;
            (2) how the Transportation Security Administration is 
        deploying its existing passenger and baggage screener workforce 
        in the most cost effective manner; and
            (3) labor savings from the deployment of improved 
        technologies for passenger and baggage screening and how those 
        savings are being used to offset security costs or reinvested to 
        address security vulnerabilities:

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

[[Page 125 STAT. 952]]

                     surface transportation security

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

           transportation threat assessment and credentialing

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

                     transportation security support

    For necessary expenses of the Transportation Security Administration 
related to transportation security support and intelligence pursuant to 
the Aviation and Transportation Security Act (Public Law 107-71; 115 
Stat. 597; 49 U.S.C. 40101 note), $1,031,926,000, to remain available 
until September 30, 2013:  Provided, <<NOTE: Expenditure plans.>> 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, <<NOTE: Deadline.>> That these plans shall be 
submitted not later than 60 days after the date of enactment of this 
Act.

                          federal air marshals

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

                               Coast Guard

                           operating expenses

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

[[Page 125 STAT. 953]]

2712(a)(5)); and of which not to exceed $17,000 shall be for official 
reception and representation expenses:  Provided, That none of the funds 
made available by this Act shall be for expenses incurred for 
recreational vessels under section 12114 of title 46, United States 
Code, except to the extent fees are collected from owners of yachts and 
credited to this <<NOTE: Compliance.>> 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, <<NOTE: Investment plan.>> That of the funds provided under 
this heading, $75,000,000 shall be withheld from obligation for Coast 
Guard Headquarters Directorates until a revised future-years capital 
investment plan for fiscal years 2013 through 2017, as specified under 
the heading Coast Guard ``Acquisition, Construction, and Improvements'' 
of this Act is submitted to the Committees on Appropriations of the 
Senate and the House of Representatives: Provided further, That funds 
made available under this heading for Overseas Contingency Operations/
Global War on Terrorism may be allocated by program, project, and 
activity, notwithstanding section 503 of this Act.

                environmental compliance and restoration

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

                            reserve training

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

               acquisition, construction, and improvements

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

[[Page 125 STAT. 954]]

personnel compensation and benefits and 
related <<NOTE: Contracts.>> 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, <<NOTE: Deadline. Investment plan. 14 USC 663 note.>> That the 
Secretary of Homeland Security shall submit to the Committees on 
Appropriations of the Senate and the House of Representatives, at the 
time that the President's budget is submitted each year under section 
1105(a) of title 31, United States Code, a future-years capital 
investment plan for the Coast Guard that identifies for each requested 
capital asset--
            (1) the proposed appropriations included in that budget;
            (2) the total estimated cost of completion, including and 
        clearly delineating the costs of associated major acquisition 
        systems infrastructure and transition to operations;
            (3) projected funding levels for each fiscal year for the 
        next 5 fiscal years or until acquisition program baseline or 
        project completion, whichever is earlier;
            (4) an estimated completion date at the projected funding 
        levels; and
            (5) a current acquisition program baseline for each capital 
        asset, as applicable, that--
                    (A) includes the total acquisition cost of each 
                asset, subdivided by fiscal year and including a 
                detailed description of the purpose of the proposed 
                funding levels for each fiscal year, including for each 
                fiscal year funds requested for design, pre-acquisition 
                activities, production, structural modifications, 
                missionization, post-delivery, and transition to 
                operations costs;
                    (B) includes a detailed project schedule through 
                completion, subdivided by fiscal year, that details--
                          (i) quantities planned for each fiscal year; 
                      and
                          (ii) major acquisition and project events, 
                      including development of operational requirements, 
                      contracting actions, design reviews, production, 
                      delivery, test and evaluation, and transition to 
                      operations, including necessary training, shore 
                      infrastructure, and logistics;
                    (C) notes and explains any deviations in cost, 
                performance parameters, schedule, or estimated date of 
                completion from the original acquisition program 
                baseline and the most recent baseline approved by the 
                Department of Homeland Security's Acquisition Review 
                Board, if applicable;
                    (D) aligns the acquisition of each asset to mission 
                requirements by defining existing capabilities of 
                comparable legacy assets, identifying known capability 
                gaps between such existing capabilities and stated 
                mission requirements, and explaining how the acquisition 
                of each asset will address such known capability gaps;
                    (E) defines life-cycle costs for each asset and the 
                date of the estimate on which such costs are based, 
                including all associated costs of major acquisitions 
                systems infrastructure and transition to operations, 
                delineated by purpose and fiscal year for the projected 
                service life of the asset;
                    (F) includes the earned value management system 
                summary schedule performance index and cost performance 
                index for each asset, if applicable; and

[[Page 125 STAT. 955]]

                    (G) includes a phase-out and decommissioning 
                schedule delineated by fiscal year for each existing 
                legacy asset that each asset is intended to replace or 
                recapitalize:

  Provided further, That the Secretary of Homeland Security shall ensure 
that amounts specified in the future-years capital investment plan are 
consistent, to the maximum extent practicable, with proposed 
appropriations necessary to support the programs, projects, and 
activities of the Coast Guard in the President's budget as submitted 
under section 1105(a) of title 31, United States Code, for that fiscal 
year:  Provided further, That any inconsistencies between the capital 
investment plan and proposed appropriations shall be identified and 
justified:  Provided further, <<NOTE: Applicability.>> That subsections 
(a) and (b) of section 6402 of Public Law 110-28 shall apply with 
respect to the amounts made available under this heading.

               research, development, test, and evaluation

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

                               retired pay

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

                      United States Secret Service

                          salaries and expenses

    For necessary expenses of the United States Secret Service, 
including purchase of not to exceed 652 vehicles for police-type use for 
replacement only; hire of passenger motor vehicles; purchase of 
motorcycles made in the United States; hire of aircraft; services of 
expert witnesses at such rates as may be determined by the Director of 
the Secret Service; rental of buildings in the District of Columbia, and 
fencing, lighting, guard booths, and other facilities on private or 
other property not in Government ownership or control, as may be 
necessary to perform protective functions; payment of per diem or 
subsistence allowances to employees in cases in which a protective 
assignment on the actual day or days of the visit of a protectee 
requires an employee to work 16 hours per day or to remain overnight at 
a post of duty; conduct of and

[[Page 125 STAT. 956]]

participation in firearms matches; presentation of awards; travel of 
United States Secret Service employees on protective missions without 
regard to the limitations on such expenditures in this or any other Act 
if approval is obtained in advance from the Committees on Appropriations 
of the Senate and the House of Representatives; research and 
development; grants to conduct behavioral research in support of 
protective research and operations; and payment in advance for 
commercial accommodations as may be necessary to perform protective 
functions; $1,661,237,000, of which not to exceed $21,250 shall be for 
official reception and representation expenses; of which not to exceed 
$100,000 shall be to provide technical assistance and equipment to 
foreign law enforcement organizations in counterfeit investigations; of 
which $2,366,000 shall be for forensic and related support of 
investigations of missing and exploited children; and of which 
$6,000,000 shall be for a grant for activities related to investigations 
of missing and exploited children and shall remain available until 
September 30, 2013:  Provided, That up to $18,000,000 for protective 
travel shall remain available until September 30, 2013:  Provided 
further, That up to $19,307,000 for National Special Security Events 
shall remain available until September 30, 2013:  Provided further, That 
the United States Secret Service is authorized to obligate funds in 
anticipation of reimbursements from Federal agencies and entities, as 
defined in section 105 of title 5, United States Code, for personnel 
receiving training sponsored by the James J. Rowley Training Center, 
except that total obligations at the end of the fiscal year shall not 
exceed total budgetary resources available under this heading at the end 
of the fiscal <<NOTE: Waiver authority.>> 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, <<NOTE: Reports. Certification.>> 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, <<NOTE: Notification. Deadline.>> That none of the funds made 
available to the United States Secret Service by this Act or by previous 
appropriations Acts may be obligated for the purpose of opening a new 
permanent domestic or overseas office or location unless the Committees 
on Appropriations of the Senate and the House of Representatives are 
notified 15 days in advance of such obligation.

[[Page 125 STAT. 957]]

      acquisition, construction, improvements, and related expenses

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

                                TITLE III

            PROTECTION, PREPAREDNESS, RESPONSE, AND RECOVERY

              National Protection and Programs Directorate

                      management and administration

    For salaries and expenses of the Office of the Under Secretary for 
the National Protection and Programs Directorate, support for 
operations, information technology, and the Office of Risk Management 
and Analysis, $50,695,000:  Provided, That not to exceed $4,250 shall be 
for official reception and representation expenses:  Provided further, 
That, subject to section 503 of this Act, the Secretary of Homeland 
Security may transfer up to $4,241,000 to the Office of Policy under the 
heading Departmental Management and Operations ``Office of the Secretary 
and Executive Management'' for activities related to risk management 
and <<NOTE: Notification. Deadline.>> 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, <<NOTE: Deadline.>> 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, <<NOTE: Expenditure plan. Deadline.>> 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 <<NOTE: Certification. Deadline.>> Service:  Provided, That 
the Secretary of Homeland Security and the Director of the Office of 
Management and Budget shall certify in writing to the Committees on 
Appropriations of the Senate and the House of Representatives not later 
than December 31, 2011, that the operations of the Federal Protective 
Service will be fully funded in fiscal year 2012 through revenues and 
collection of security fees,

[[Page 125 STAT. 958]]

and shall adjust the fees to ensure fee collections are sufficient to 
ensure that the Federal Protective Service maintains not fewer than 
1,371 full-time equivalent staff and 1,007 full-time equivalent Police 
Officers, Inspectors, Area Commanders, and Special Agents who, while 
working, are directly engaged on a daily basis protecting and enforcing 
laws at Federal buildings (referred to as ``in-service field staff''):  
Provided further, <<NOTE: Expenditure plan. Deadline.>> 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 <<NOTE: Strategic plan.>> 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, <<NOTE: Deadline. Plans.>> That of the total amount provided, 
$50,000,000 may not be obligated for the United States Visitor and 
Immigrant Status Indicator Technology program until the Secretary of 
Homeland Security submits to the Committees on Appropriations of the 
Senate and the House of Representatives at the time that the President's 
budget is submitted each year under section 1105(a) of title 31, United 
States Code, a multi-year investment and management plan, to include 
each fiscal year starting with the current fiscal year, and the 
following 3 fiscal years, for the United States Visitor and Immigrant 
Status Indicator Technology program that includes--
            (1) the proposed appropriations for each activity tied to 
        mission requirements and outcomes, program management 
        capabilities, performance levels, and specific capabilities and 
        services to be delivered, noting any deviations in cost or 
        performance from the prior fiscal year expenditure or investment 
        and management plan;
            (2) the total estimated cost, projected funding by fiscal 
        year, and projected timeline of completion for all enhancements, 
        modernizations, and new capabilities proposed in such budget and 
        underway, including and clearly delineating associated efforts 
        and funds requested by other agencies within the Department of 
        Homeland Security and in the Federal Government, and detailing 
        any deviations in cost, performance, schedule, or estimated date 
        of completion provided in the prior fiscal year expenditure or 
        investment and management plan; and
            (3) a detailed accounting of operations and maintenance, 
        contractor services, and program costs associated with the 
        management of identity services.

[[Page 125 STAT. 959]]

                        Office of Health Affairs

    For necessary expenses of the Office of Health Affairs, 
$167,449,000; of which $29,671,000 is for salaries and expenses and 
$90,164,000 is for BioWatch operations:  Provided, That $47,614,000 
shall remain available until September 30, 2013, for biosurveillance, 
BioWatch Generation 3, chemical defense, medical and health planning and 
coordination, and workforce health protection:  Provided further, That 
not to exceed $2,500 shall be for official reception and representation 
expenses:  Provided further, <<NOTE: Expenditure plan. Deadline.>> 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 <<NOTE: Reports. Comprehensive plan.>> 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, <<NOTE: Disaster evacuation. West 
Virginia. Pennsylvania.>> That for purposes of planning, coordination, 
execution, and decision making related to mass evacuation during a 
disaster, the Governors of the State of West Virginia and the 
Commonwealth of Pennsylvania, or their designees, shall be incorporated 
into efforts to integrate the activities of Federal, State, and local 
governments in the National Capital Region, as defined in section 882 of 
the Homeland Security Act of 2002 (Public Law 107-296):  Provided 
further, That of the total amount made available under this heading, 
$41,250,000 shall be for the Urban Search and Rescue Response System, of 
which not to exceed $1,600,000 may be made available for administrative 
costs; $5,493,000 shall be for the Office of National Capital Region 
Coordination; not to exceed $12,000,000 shall remain available until

[[Page 125 STAT. 960]]

September 30, 2013, for capital improvements at the Mount Weather 
Emergency Operations Center; and not less than $13,662,000 shall be for 
expenses related to modernization of automated systems:  Provided 
further, <<NOTE: Strategic plan. Deadline.>> 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, <<NOTE: Puerto Rico.>> That notwithstanding subsection 
        (c)(4) of such section 2004, for fiscal year 2012, the 
        Commonwealth of Puerto Rico shall make available to local and 
        tribal governments amounts provided to the Commonwealth of 
        Puerto Rico under this paragraph in accordance with subsection 
        (c)(1) of such section 2004.
            (2) The Urban Area Security Initiative under section 2003 of 
        the Homeland Security Act of 2002 (6 U.S.C. 604).

[[Page 125 STAT. 961]]

            (3) The Metropolitan Medical Response System under section 
        635 of the Post-Katrina Emergency Management Reform Act of 2006 
        (6 U.S.C. 723).
            (4) The Citizen Corps Program.
            (5) Public Transportation Security Assistance and Railroad 
        Security Assistance, under sections 1406 and 1513 of the 
        Implementing Recommendations of the 9/11 Commission Act of 2007 
        (6 U.S.C. 1135 and 1163), including Amtrak <<NOTE: Security 
        assistance.>> 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, <<NOTE: Grants. Deadlines.>> 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 <<NOTE: Reports. Determination.>> facility:  Provided further, 
That grantees shall provide reports on their use of funds, as determined 
necessary by the Secretary of Homeland Security:  Provided further, That 
in fiscal year 2012: (a) the Center for Domestic Preparedness may 
provide training to emergency response providers

[[Page 125 STAT. 962]]

from the Federal Government, foreign governments, or private entities, 
if the Center for Domestic Preparedness is reimbursed for the cost of 
such training, and any reimbursement under this subsection shall be 
credited to the account from which the expenditure being reimbursed was 
made and shall be available, without fiscal year limitation, for the 
purposes for which amounts in the account may be expended; (b) the head 
of the Center for Domestic Preparedness shall ensure that any training 
provided under (a) does not interfere with the primary mission of the 
Center to train state and local emergency response providers; and (c) 
subject to (b), nothing in (a) prohibits the Center for Domestic 
Preparedness from providing training to employees of the Federal 
Emergency Management Agency in existing chemical, biological, 
radiological, nuclear, explosives, mass casualty, and medical surge 
courses pursuant to 5 U.S.C. 4103 without reimbursement for the cost of 
such training.

                      firefighter assistance grants

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

                 emergency management performance grants

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

               radiological emergency preparedness program

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

[[Page 125 STAT. 963]]

                    united states fire administration

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

                          disaster relief fund

                      (including transfer of funds)

    For necessary expenses in carrying out the Robert T. Stafford 
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.), 
$700,000,000, to remain available until expended, of which $24,000,000 
shall be transferred to the Department of Homeland Security Office of 
Inspector General for audits and investigations related to disasters:  
Provided, <<NOTE: Expenditure plan. Deadline.>> 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 <<NOTE: Deadlines. Reports.>> 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 <<NOTE: 42 USC 5208. Reports.>> is amended by striking the fourth 
proviso:  Provided further, That the Administrator of the Federal 
Emergency Management Agency shall submit to the Committees on 
Appropriations of the Senate and the House of Representatives the 
following reports, including a specific description of the methodology 
and the source data used in developing such reports:
            (1) an estimate of the following amounts shall be submitted 
        for the budget year at the time that the President's budget is 
        submitted each year under section 1105(a) of title 31, United 
        States Code:
                    (A) the unobligated balance of funds to be carried 
                over from the prior fiscal year to the budget year;
                    (B) the unobligated balance of funds to be carried 
                over from the budget year to the budget year plus 1;
                    (C) the amount of obligations for non-catastrophic 
                events for the budget year;
                    (D) the amount of obligations for the budget year 
                for catastrophic events delineated by event and by 
                State;
                    (E) the total amount that has been previously 
                obligated or will be required for catastrophic events 
                delineated by event and by State for all prior years, 
                the current year, the budget year, the budget year plus 
                1, the budget year plus 2, and the budget year plus 3 
                and beyond;
                    (F) the amount of previously obligated funds that 
                will be recovered for the budget year;
                    (G) the amount that will be required for obligations 
                for emergencies, as described in section 102(1) of the 
                Robert T. Stafford Disaster Relief and Emergency 
                Assistance Act (42 U.S.C. 5122(1)), major disasters, as 
                described in section

[[Page 125 STAT. 964]]

                102(2) of the Robert T. Stafford Disaster Relief and 
                Emergency Assistance Act (42 U.S.C. 5122(2)), fire 
                management assistance grants, as described in section 
                420 of the Robert T. Stafford Disaster Relief and 
                Emergency Assistance Act (42 U.S.C. 5187), surge 
                activities, and disaster readiness and support 
                activities;
                    (H) the amount required for activities not covered 
                under section 251(b)(2)(D)(iii) of the Balanced Budget 
                and Emergency Deficit Control Act of 1985 (2 U.S.C. 
                901(b)(2)(D)(iii); Public Law 99-177);
            (2) <<NOTE: Deadlines.>> an estimate or actual amounts, if 
        available, of the following for the current fiscal year shall be 
        submitted not later than the fifth day of each month beginning 
        with the first full month after the date of enactment of this 
        Act:
                    (A) a summary of the amount of appropriations made 
                available by source, the transfers executed, the 
                previously allocated funds recovered, and the 
                commitments, allocations, and obligations made;
                    (B) a table of disaster relief activity delineated 
                by month, including--
                          (i) the beginning and ending balances;
                          (ii) the total obligations to include amounts 
                      obligated for fire assistance, emergencies, surge, 
                      and disaster support activities;
                          (iii) the obligations for catastrophic events 
                      delineated by event and by State; and
                          (iv) the amount of previously obligated funds 
                      that are recovered;
                    (C) a summary of allocations, obligations, and 
                expenditures for catastrophic events delineated by 
                event; and
                    (D) the date on which funds appropriated will be 
                exhausted.

             disaster assistance direct loan program account

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

             flood hazard mapping and risk analysis program

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

                      national flood insurance fund

    For activities under the National Flood Insurance Act of 1968 (42 
U.S.C. 4001 et seq.) and the Flood Disaster Protection Act of 1973 (42 
U.S.C. 4001 et seq.), $171,000,000, which shall be derived from 
offsetting collections assessed and collected under

[[Page 125 STAT. 965]]

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

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

                  national predisaster mitigation fund

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

                       emergency food and shelter

    To carry out the emergency food and shelter program pursuant to 
title III of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11331 
et seq.), $120,000,000, to remain available until

[[Page 125 STAT. 966]]

expended:  Provided, That total administrative costs shall not exceed 
3.5 percent of the total amount made available under this heading.

                                TITLE IV

            RESEARCH AND DEVELOPMENT, TRAINING, AND SERVICES

           United States Citizenship and Immigration Services

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

                 Federal Law Enforcement Training Center

                          salaries and expenses

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

[[Page 125 STAT. 967]]

capacity throughout the fiscal year:  Provided further, That the Federal 
Law Enforcement Training Accreditation Board, including representatives 
from the Federal law enforcement community and non-Federal accreditation 
experts involved in law enforcement training, shall lead the Federal law 
enforcement training accreditation process to continue the 
implementation of measuring and assessing the quality and effectiveness 
of Federal law enforcement training programs, facilities, and 
instructors.

     acquisitions, construction, improvements, and related expenses

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

                         Science and Technology

                      management and administration

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

           research, development, acquisition, and operations

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

                    Domestic Nuclear Detection Office

                      management and administration

    For salaries and expenses of the Domestic Nuclear Detection Office, 
as authorized by title XIX of the Homeland Security Act of 2002 (6 
U.S.C. 591 et seq.), for management and administration of programs and 
activities, $38,000,000:  Provided, That not to exceed $2,500 shall be 
for official reception and representation expenses:  Provided 
further, <<NOTE: Deadline. Strategic plan.>> That not later than 180 
days after the date of enactment of this Act, the Secretary of Homeland 
Security shall submit to the Committees on Appropriations of the

[[Page 125 STAT. 968]]

Senate and the House of Representatives a strategic plan of investments 
necessary to implement the Department of Homeland Security's 
responsibilities under the domestic component of the global nuclear 
detection architecture that shall:
            (1) define each Departmental entity's roles and 
        responsibilities in support of the domestic detection 
        architecture, including any existing or planned programs to pre-
        screen cargo or conveyances overseas;
            (2) identify and describe the specific investments being 
        made by Departmental organizations in fiscal year 2012, and 
        planned for fiscal year 2013, to support the domestic 
        architecture and the security of sea, land, and air pathways 
        into the United States;
            (3) describe the investments necessary to close known 
        vulnerabilities and gaps, including associated costs and 
        timeframes, and estimates of feasibility and cost effectiveness; 
        and
            (4) explain how the Department's research and development 
        funding is furthering the implementation of the domestic nuclear 
        detection architecture, including specific investments planned 
        for each of fiscal years 2012 and 2013.

                  research, development, and operations

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

                           systems acquisition

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

                                 TITLE V

                           GENERAL PROVISIONS

    Sec. 501.  No part of any appropriation contained in this Act shall 
remain available for obligation beyond the current fiscal year unless 
expressly so provided herein.
    Sec. 502.  Subject to the requirements of section 503 of this Act, 
the unexpended balances of prior appropriations provided for activities 
in this Act may be transferred to appropriation accounts for such 
activities established pursuant to this Act, may be merged with funds in 
the applicable established accounts, and thereafter may be accounted for 
as one fund for the same time period as originally enacted.
    Sec. 503. <<NOTE: Notifications. Deadlines.>> (a) None of the funds 
provided by this Act, provided by previous appropriations Acts to the 
agencies in or transferred to the Department of Homeland Security that 
remain available for obligation or expenditure in fiscal year 2012, or 
provided from any accounts in the Treasury of the United States derived 
by the collection of fees available to the agencies funded by this Act, 
shall be available for obligation or expenditure through a reprogramming 
of funds that:
            (1) creates a new program, project, or activity;
            (2) eliminates a program, project, office, or activity;

[[Page 125 STAT. 969]]

            (3) increases funds for any program, project, or activity 
        for which funds have been denied or restricted by the Congress;
            (4) proposes to use funds directed for a specific activity 
        by either of the Committees on Appropriations of the Senate or 
        the House of Representatives for a different purpose; or
            (5) contracts out any function or activity for which funding 
        levels were requested for Federal full-time equivalents in the 
        object classification tables contained in the fiscal year 2012 
        Budget Appendix for the Department of Homeland Security, as 
        modified by the joint explanatory statement accompanying this 
        Act, unless the Committees on Appropriations of the Senate and 
        the House of Representatives are notified 15 days in advance of 
        such reprogramming of funds.

    (b) None of the funds provided by this Act, provided by previous 
appropriations Acts to the agencies in or transferred to the Department 
of Homeland Security that remain available for obligation or expenditure 
in fiscal year 2012, or provided from any accounts in the Treasury of 
the United States derived by the collection of fees or proceeds 
available to the agencies funded by this Act, shall be available for 
obligation or expenditure for programs, projects, or activities through 
a reprogramming of funds in excess of $5,000,000 or 10 percent, 
whichever is less, that:
            (1) augments existing programs, projects, or activities;
            (2) reduces by 10 percent funding for any existing program, 
        project, or activity, or reduces the numbers of personnel by 10 
        percent as approved by the Congress; or
            (3) results from any general savings from a reduction in 
        personnel that would result in a change in existing programs, 
        projects, or activities as approved by the Congress, unless the 
        Committees on Appropriations of the Senate and the House of 
        Representatives are notified 15 days in advance of such 
        reprogramming of funds.

    (c) Not to exceed 5 percent of any appropriation made available for 
the current fiscal year for the Department of Homeland Security by this 
Act or provided by previous appropriations Acts may be transferred 
between such appropriations, but no such appropriation, except as 
otherwise specifically provided, shall be increased by more than 10 
percent by such transfers:  Provided, That any transfer under this 
section shall be treated as a reprogramming of funds under subsection 
(b) and shall not be available for obligation unless the Committees on 
Appropriations of the Senate and the House of Representatives are 
notified 15 days in advance of such transfer.
    (d) Notwithstanding subsections (a), (b), and (c) of this section, 
no funds shall be reprogrammed within or transferred between 
appropriations after June 30, except in extraordinary circumstances that 
imminently threaten the safety of human life or the protection of 
property.
    (e) <<NOTE: Applicability.>> The notification thresholds and 
procedures set forth in this section shall apply to any use of 
deobligated balances of funds provided in previous Department of 
Homeland Security Appropriations Acts.

    Sec. 504.  The Department of Homeland Security Working Capital Fund, 
established pursuant to section 403 of Public Law 103-356 (31 U.S.C. 501 
note), shall continue operations as a permanent working capital fund for 
fiscal year 2012:  Provided, That none of the funds appropriated or 
otherwise made available to the Department of Homeland Security may be 
used to make payments to

[[Page 125 STAT. 970]]

the Working Capital Fund, except for the activities and amounts allowed 
in the President's fiscal year 2012 budget:  Provided further, That 
funds provided to the Working Capital Fund shall be available for 
obligation until expended to carry out the purposes of the Working 
Capital Fund:  Provided further, That all departmental components shall 
be charged only for direct usage of each Working Capital Fund service:  
Provided further, That funds provided to the Working Capital Fund shall 
be used only for purposes consistent with the contributing component:  
Provided further, That the Working Capital Fund shall be paid in advance 
or reimbursed at rates which will return the full cost of each service:  
Provided further, That the Working Capital Fund shall be subject to the 
requirements of section 503 of this Act.
    Sec. 505.  Except as otherwise specifically provided by law, not to 
exceed 50 percent of unobligated balances remaining available at the end 
of fiscal year 2012 from appropriations for salaries and expenses for 
fiscal year 2012 in this Act shall remain available through September 
30, 2013, in the account and for the purposes for which the 
appropriations were provided:  Provided, <<NOTE: Approval 
request.>> 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. <<NOTE: Grants. Contracts. Notifications. Deadlines.>> (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) <<NOTE: Waiver authority.>> The Secretary of Homeland Security 
may waive the prohibition under subsection (a) if the Secretary notifies 
the Committees on Appropriations of the Senate and the House of 
Representatives at least 3 full business days in advance of making an 
award or issuing a letter as described in that subsection.

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

[[Page 125 STAT. 971]]

            (2) shall include the amount of the award, the fiscal year 
        for which the funds for the award were appropriated, and the 
        account from which the funds are being drawn.

    (e) <<NOTE: Briefing.>> 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.  <<NOTE: Contracts.>> 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.  <<NOTE: Applicability.>> 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.  <<NOTE: Deadlines. Budget. Reports.>> Within 45 days 
after the end of each month, the Chief Financial Officer of the 
Department of Homeland Security shall submit to the Committees on 
Appropriations of the Senate and the House of Representatives a monthly 
budget and staffing report for that month that includes total 
obligations, on-board versus funded full-time equivalent staffing 
levels, and the number of contract employees for each office of the 
Department.

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

[[Page 125 STAT. 972]]

    Sec. 516.  <<NOTE: Notification.>> 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, <<NOTE: Deadlines. Reports.>> 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.  <<NOTE: Classified information.>> 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. <<NOTE: Grants. Contracts.>> (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) <<NOTE: Waiver authority.>> 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) <<NOTE: Deadline. Notification.>> Not later than 5 days after 
the date on which the Secretary of Homeland Security issues a waiver 
under this subsection, the Secretary shall submit notification of that 
waiver to the Committees on Appropriations of the Senate and the House 
of Representatives, including a description of the applicable contract 
to which the waiver applies and an explanation of why the waiver 
authority was used:  Provided, That the Secretary may not delegate the 
authority to grant such a waiver.

[[Page 125 STAT. 973]]

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

[[Page 125 STAT. 974]]

    Sec. 523.  None of the funds provided or otherwise made available in 
this Act shall be available to carry out section 872 of the Homeland 
Security Act of 2002 (6 U.S.C. 452).
    Sec. 524.  Funds made available in this Act may be used to alter 
operations within the Civil Engineering Program of the Coast Guard 
nationwide, including civil engineering units, facilities design and 
construction centers, maintenance and logistics commands, and the Coast 
Guard Academy, except that none of the funds provided in this Act may be 
used to reduce operations within any Civil Engineering Unit unless 
specifically authorized by a statute enacted after the date of enactment 
of this Act.
    Sec. 525.  None of the funds made available in this Act may be used 
by United States Citizenship and Immigration Services to grant an 
immigration benefit unless the results of background checks required by 
law to be completed prior to the granting of the benefit have been 
received by United States Citizenship and Immigration Services, and the 
results do not preclude the granting of the benefit.
    Sec. 526.  <<NOTE: Equine. 6 USC 453c.>> 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.  <<NOTE: Contracts. Fees.>> 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 <<NOTE: Notification. Deadline.>> vessels:  Provided, That the 
Secretary shall notify the Committees on Appropriations of the Senate 
and the House of Representatives, the Committee on Commerce, Science, 
and Transportation of the Senate, and the Committee on Transportation 
and Infrastructure of the House of Representatives within 48 hours of 
any request for waivers of navigation and vessel-inspection laws 
pursuant to 46 U.S.C. 501(b).

[[Page 125 STAT. 975]]

    Sec. 530.  None of the funds made available to the Office of the 
Secretary and Executive Management under this Act may be expended for 
any new hires by the Department of Homeland Security that are not 
verified through the E-Verify Program as described in section 403(a) of 
the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 
(8 U.S.C. 1324a note).
    Sec. 531.  None of the funds in this Act shall be used to reduce the 
United States Coast Guard's Operations Systems Center mission or its 
government-employed or contract staff levels.
    Sec. 532.  <<NOTE: Drugs and drug abuse. Canada.>> 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, <<NOTE: Applicability.>> 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.  <<NOTE: Notification.>> 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.  <<NOTE: National identification card.>> None of the funds 
made available in this Act may be used for planning, testing, piloting, 
or developing a national identification card.

    Sec. 536.  <<NOTE: Determination. Certification.>> 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) <<NOTE: Deadline. President. Web 
posting. Reports.>> Notwithstanding any other provision of this Act, 
except as provided in subsection (b), and 30 days after the date on 
which the President determines whether to declare a major disaster 
because of an event and any appeal is completed, the Administrator shall 
publish on the Web site of the Federal Emergency Management Agency a 
report regarding that decision that shall summarize damage assessment 
information used to determine whether to declare a major disaster.

[[Page 125 STAT. 976]]

    (b) The Administrator may redact from a report under subsection (a) 
any data that the Administrator determines would compromise national 
security.
    (c) <<NOTE: Definitions.>> 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. <<NOTE: Determination. New York. Real property. 6 USC 190 
note.>> (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.  <<NOTE: Khalid Sheikh Mohammed. Detainees.>> None of the 
funds appropriated or otherwise made available in this or any other Act 
may be used to transfer, release, or assist in the transfer or release 
to or within the United States, its territories, or possessions Khalid 
Sheikh Mohammed or any other detainee who--
            (1) is not a United States citizen or a member of the Armed 
        Forces of the United States; and
            (2) is or was held on or after June 24, 2009, at the United 
        States Naval Station, Guantanamo Bay, Cuba, by the Department of 
        Defense.

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

[[Page 125 STAT. 977]]

her official duties solely because that employee elects to utilize 
protective equipment or measures, including but not limited to surgical 
masks, N95 respirators, gloves, or hand-sanitizers, where use of such 
equipment or measures is in accord with Department of Homeland Security 
policy, and Centers for Disease Control and Prevention and Office of 
Personnel Management guidance.
    Sec. 544.  None of the funds made available in this Act may be used 
to employ workers described in section 274A(h)(3) of the Immigration and 
Nationality Act (8 U.S.C. 1324a(h)(3)).
    Sec. 545. <<NOTE: Privacy.>> (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) <<NOTE: Deadline. Certification.>> 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.  <<NOTE: 6 USC 124j note.>> 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.  <<NOTE: Contracts.>> 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) <<NOTE: Deadline. Reports.>> Not later than 180 days 
after the date of enactment of this Act, the Administrator of the 
Transportation Security Administration shall submit to the Committees on 
Appropriations of the Senate and the House of Representatives, a report 
that either--
            (1) certifies that the requirement for screening all air 
        cargo on passenger aircraft by the deadline under section 
        44901(g) of title 49, United States Code, has been met; or
            (2) includes a strategy to comply with the requirements 
        under title 44901(g) of title 49, United States Code, 
        including--

[[Page 125 STAT. 978]]

                    (A) a plan to meet the requirement under section 
                44901(g) of title 49, United States Code, to screen 100 
                percent of air cargo transported on passenger aircraft 
                arriving in the United States in foreign air 
                transportation (as that term is defined in section 40102 
                of that title); and
                    (B) specification of--
                          (i) the percentage of such air cargo that is 
                      being screened; and
                          (ii) the schedule for achieving screening of 
                      100 percent of such air cargo.

    (b) <<NOTE: Reports. Deadline. Certification.>> 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) <<NOTE: Design plan. Assessments.>> None of the funds 
made available in this Act may be obligated for construction of the 
National Bio- and Agro-defense Facility until the Department of Homeland 
Security--
            (1) completes 50 percent of design planning for the National 
        Bio- and Agro-defense Facility;
            (2) submits to the Committees on Appropriations of the 
        Senate and the House of Representatives a revised site-specific 
        biosafety and biosecurity mitigation risk assessment that 
        describes how to significantly reduce risks of conducting 
        essential research and diagnostic testing at the National Bio- 
        and Agro-defense Facility and addresses shortcomings identified 
        in the National Academy of Sciences' evaluation of the initial 
        site-specific biosafety and biosecurity mitigation risk 
        assessment; and
            (3) submits to the Committees on Appropriations of the 
        Senate and the House of Representatives the results of the 
        National Academy of Sciences' review of the risk assessment as 
        described in subsection (c).

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

[[Page 125 STAT. 979]]

    (c) <<NOTE: Contracts.>> 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). <<NOTE: Reports. Deadline.>> 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. <<NOTE: Grants.>> (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, <<NOTE: Notification. Deadline.>> 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.  <<NOTE: Arbitrations.>> 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.  <<NOTE: Contracts.>> 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) <<NOTE: Deadline. Notification.>> 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.  <<NOTE: 6 USC 464.>> For fiscal year 2012 and thereafter, 
U.S. Customs and Border Protection's Advanced Training Center is 
authorized

[[Page 125 STAT. 980]]

to charge fees for any service and/or thing of value it provides to 
Federal Government or non-government entities or individuals, so long as 
the fees charged do not exceed the full costs associated with the 
service or thing of value provided:  Provided, That notwithstanding 31 
U.S.C. 3302(b), fees collected by the Advanced Training Center are to be 
deposited into a separate account entitled ``Advanced Training Center 
Revolving Fund'', and be available, without further appropriations, for 
necessary expenses of the Advanced Training Center program, and are to 
remain available until expended.

    Sec. 558.  Section 559(e) of Public Law <<NOTE: 123 Stat. 
2180.>> 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.  <<NOTE: Detention facilities. Real 
property.>> 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, <<NOTE: Notification. Deadline.>> 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 <<NOTE: Expenditure 
plan. Deadline.>> consolidation:  Provided, That the Committees on 
Appropriations of the Senate and the House of Representatives shall 
receive an expenditure plan not later than 90 days after the date of 
enactment of this Act detailing the allocation of these funds.

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

[[Page 125 STAT. 981]]

            (2) section 34(a)(1)(B) of such Act;
            (3) section 34(c)(1) of such Act;
            (4) section 34(c)(2) of such Act;
            (5) section 34(c)(4)(A) of such Act; and
            (6) section 34(a)(1)(E) of such Act.

    Sec. 562.  <<NOTE: Firefighters. Waivers.>> 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.  <<NOTE: 33 USC 2712 note.>> For fiscal year 2012 and 
thereafter, notwithstanding section 1012(a)(5) of the Oil Pollution Act 
of 1990 (33 U.S.C. 2712(a)(5)) and 31 U.S.C. 3302, in the event that a 
spill of national significance occurs, any payment of amounts from the 
Oil Spill Liability Trust Fund pursuant to section 1012(a)(1) of the Oil 
Pollution Act of 1990 (33 U.S.C. 2712(a)(1)) for the removal costs 
incurred by the Coast Guard for such spill, shall be credited directly 
to the accounts of the Coast Guard current at the time such removal 
costs were incurred or when reimbursement is received:  Provided, That 
such amounts shall be merged with and, without further appropriations, 
made available for the same time period and the same purpose as the 
appropriation to which it is credited.

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

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

[[Page 125 STAT. 982]]

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

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

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

[[Page 125 STAT. 983]]

                    (B) the Committee on Homeland Security, the 
                Committee on Transportation and Infrastructure, and the 
                Subcommittee on Homeland Security of the Committee on 
                Appropriations of the House of Representatives.

    Sec. 566. (a) Notwithstanding section 312 of the Robert T. Stafford 
Disaster Relief and Emergency Assistance Act and subject to subsection 
(b), recipients of Small Business Administration Disaster loans for 
disaster-related damage to their homes may be eligible for reimbursement 
at the discretion of the state, under Section 404 of that Act, for 
documented and eligible mitigation work performed on their home.
    (b) <<NOTE: Applicability.>> 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.  <<NOTE: ACORN.>> 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.  <<NOTE: Plans. Deadlines.>> The Commissioner of U.S. 
Customs and Border Protection and the Assistant Secretary of Homeland 
Security for U.S. Immigration and Customs Enforcement each shall submit 
to the Committees on Appropriations of the Senate and the House of 
Representatives with the congressional budget justification, a multi-
year investment and management plan, to include each year starting with 
the current fiscal year and the 3 subsequent fiscal years, for their 
respective Offices of Information Technology to include for that 
office--
            (1) the funding level by source for all funds to be 
        executed;
            (2) the funding included for each project and activity tied 
        to mission requirements, program management capabilities, 
        performance levels, and specific capabilities and services to be 
        delivered;
            (3) the total estimated cost and projected timeline of 
        completion for all multi-year enhancements, modernizations, and 
        new capabilities proposed in the current fiscal year or 
        underway; and

[[Page 125 STAT. 984]]

            (4) a detailed accounting of operation and maintenance 
        costs.

    Sec. 569.  The Secretary of Homeland Security shall ensure 
enforcement of immigration laws (as defined in section 101(a)(17) of the 
Immigration and Nationality Act (8 U.S.C. 1101(a)(17))).

                              (rescissions)

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

                              (rescissions)

    Sec. 571.  The following unobligated balances made available to the 
Department of Homeland Security pursuant to section 505 of Department of 
Homeland Security Appropriations Act, 2011 (Public Law 112-10; 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'';

[[Page 125 STAT. 985]]

            (12) $279,098 from Science and Technology ``Management and 
        Administration'';
            (13) $1,072,938 from Domestic Nuclear Detection Office 
        ``Management and Administration''; and
            (14) $216,744 from Federal Emergency Management Agency 
        ``Management and Administration''.

                              (rescissions)

    Sec. 572.  Of the funds appropriated to the Department of Homeland 
Security, the following unobligated balances are hereby rescinded from 
the following accounts and programs in the specified amounts:
            (1) $10,000,000 from U.S. Immigration and Customs 
        Enforcement ``Salaries and Expenses'';
            (2) $10,000,000 from U.S. Immigration and Customs 
        Enforcement ``Automation Modernization'';
            (3) $5,000,000 from U.S. Customs and Border Protection 
        ``Automation Modernization'':  Provided, That no funds shall be 
        rescinded from prior year appropriations provided for the TECS 
        modernization program;
            (4) $71,300,000 from Transportation Security Administration 
        ``Aviation Security'' account 70x0550;
            (5) $7,000,000 from U.S. Customs and Border Protection 
        ``Border Security Fencing, Infrastructure, and Technology'';
            (6) $2,427,336 from Coast Guard ``Acquisition, Construction, 
        and Improvements'';
            (7) $5,000,000 from the ``Office of the Chief Information 
        Officer'' related to Emerge2; and
            (8) $27,400,000 from National Protection and Programs 
        Directorate ``United States Visitor and Immigrant Indicator 
        Technology''.

    Sec. 573.  Sections 1309(a) and 1319 of the National Flood Insurance 
Act of 1968 (42 U.S.C. 4016(a) and 4026) are each amended by striking 
``September 30, 2011'' and inserting ``the earlier of the date of the 
enactment into law of an Act that specifically amends the date specified 
in this section or May 31, 2012''.
     This division may be cited as the ``Department of Homeland Security 
Appropriations Act, 2012''.

DIVISION E--DEPARTMENT <<NOTE: Department of the Interior, Environment, 
   and Related Agencies Appropriations Act, 2012.>> OF THE INTERIOR, 
ENVIRONMENT, AND RELATED AGENCIES APPROPRIATIONS ACT, 2012

                                 TITLE I

                       DEPARTMENT OF THE INTERIOR

                        Bureau of Land Management

                    management of lands and resources

    For necessary expenses for protection, use, improvement, 
development, disposal, cadastral surveying, classification, acquisition 
of easements and other interests in lands, and performance of other 
functions, including maintenance of facilities, as authorized by law, in 
the management of lands and their resources under the jurisdiction of 
the Bureau of Land Management, including the

[[Page 125 STAT. 986]]

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

                              construction

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

                            land acquisition

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

                    oregon and california grant lands

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

[[Page 125 STAT. 987]]

                           range improvements

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

               service charges, deposits, and forfeitures

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

                        miscellaneous trust funds

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

                        administrative provisions

    The Bureau of Land Management may carry out the operations funded 
under this Act by direct expenditure, contracts, grants, cooperative 
agreements and reimbursable agreements with public and private entities, 
including with States. Appropriations for the

[[Page 125 STAT. 988]]

Bureau shall be available for purchase, erection, and dismantlement of 
temporary structures, and alteration and maintenance of necessary 
buildings and appurtenant facilities to which the United States has 
title; up to $100,000 for payments, at the discretion of the Secretary, 
for information or evidence concerning violations of laws administered 
by the Bureau; miscellaneous and emergency expenses of enforcement 
activities authorized or approved by the Secretary and to be accounted 
for solely on the Secretary's certificate, not to exceed $10,000:  
Provided, That notwithstanding Public Law 90-620 (44 U.S.C. 501), the 
Bureau may, under cooperative cost-sharing and partnership arrangements 
authorized by law, procure printing services from cooperators in 
connection with jointly produced publications for which the cooperators 
share the cost of printing either in cash or in services, and the Bureau 
determines the cooperator is capable of meeting accepted quality 
standards:  Provided further, That projects to be funded pursuant to a 
written commitment by a State government to provide an identified amount 
of money in support of the project may be carried out by the Bureau on a 
reimbursable basis. <<NOTE: Wild horses. Burros.>> 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, <<NOTE: 16 USC 742l-1.>> 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, <<NOTE: 16 USC 754e.>> That 
in fiscal year 2012 and hereafter,

[[Page 125 STAT. 989]]

of the amount provided for environmental contaminants, up to $1,000,000 
may remain available until expended for contaminant sample analyses.

                              construction

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

                            land acquisition

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

            cooperative endangered species conservation fund

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

                      national wildlife refuge fund

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

                north american wetlands conservation fund

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

                 neotropical migratory bird conservation

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

                 multinational species conservation fund

    For expenses necessary to carry out the African Elephant 
Conservation Act (16 U.S.C. 4201 et seq.), the Asian Elephant 
Conservation Act of 1997 (16 U.S.C. 4261 et seq.), the Rhinoceros and

[[Page 125 STAT. 990]]

Tiger Conservation Act of 1994 (16 U.S.C. 5301 et seq.), the Great Ape 
Conservation Act of 2000 (16 U.S.C. 6301 et seq.), and the Marine Turtle 
Conservation Act of 2004 (16 U.S.C. 6601 et seq.), $9,481,000, to remain 
available until expended.

                    state and tribal wildlife grants

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

                        administrative provisions

    The United States Fish and Wildlife Service may carry out the 
operations of Service programs by direct expenditure, contracts, grants, 
cooperative agreements and reimbursable agreements with public and 
private entities. Appropriations and funds available to the United 
States Fish and Wildlife Service shall be available for repair of damage 
to public roads within and adjacent to reservation areas caused by 
operations of the Service; options for the

[[Page 125 STAT. 991]]

purchase of land at not to exceed $1 for each option; facilities 
incident to such public recreational uses on conservation areas as are 
consistent with their primary purpose; and the maintenance and 
improvement of aquaria, buildings, and other facilities under the 
jurisdiction of the Service and to which the United States has title, 
and which are used pursuant to law in connection with management, and 
investigation of fish and wildlife resources:  Provided, That 
notwithstanding 44 U.S.C. 501, the Service may, under cooperative cost 
sharing and partnership arrangements authorized by law, procure printing 
services from cooperators in connection with jointly produced 
publications for which the cooperators share at least one-half the cost 
of printing either in cash or services and the Service determines the 
cooperator is capable of meeting accepted quality standards:  Provided 
further, That the Service may accept donated aircraft as replacements 
for existing aircraft.

                          National Park Service

                  operation of the national park system

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

                  national recreation and preservation

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

                       historic preservation fund

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

                              construction

                     (including rescission of funds)

    For construction, improvements, repair, or replacement of physical 
facilities, including modifications authorized by section 104 of the 
Everglades National Park Protection and Expansion Act of 1989 (16 U.S.C. 
410r-8), $159,621,000, to remain available until expended:  Provided, 
That notwithstanding any other provision of

[[Page 125 STAT. 992]]

law, a single procurement for the project to repair damage to the 
Washington Monument may be issued that includes the full scope of the 
project, so long as the solicitation and contract shall contain the 
clause ``availability of appropriated funds'' found in CFR section 
52.232.18 of title 48.
    From funds previously made available under this heading, $4,000,000 
are rescinded.

                    land and water conservation fund

                              (rescission)

    The <<NOTE: 16 USC 460l-10a note.>> contract authority provided for 
fiscal year 2012 by 16 U.S.C. 460l-10a is rescinded.

                  land acquisition and state assistance

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

                        administrative provisions

                      (including transfer of funds)

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

[[Page 125 STAT. 993]]

                     United States Geological Survey

                  surveys, investigations, and research

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

                        administrative provisions

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

[[Page 125 STAT. 994]]

                    Bureau of Ocean Energy Management

                         ocean energy management

    For expenses necessary for granting leases, easements, rights-of-way 
and agreements for use for oil and gas, other minerals, energy, and 
marine-related purposes on the Outer Continental Shelf and approving 
operations related thereto, as authorized by law; for environmental 
studies, as authorized by law; for implementing other laws to the extent 
provided by Presidential or Secretarial delegation; and for matching 
grants or cooperative agreements, $59,792,000, to remain available until 
September 30, 2013; and an amount not to exceed $101,082,000, to be 
credited to this appropriation and to remain available until expended, 
from additions to receipts resulting from increases to rates in effect 
on August 5, 1993, that are collected and disbursed by the Secretary, 
and from cost recovery fees from activities conducted by the Bureau of 
Ocean Energy Management pursuant to the Outer Continental Shelf Lands 
Act, including studies, assessments, analysis, and miscellaneous 
administrative activities:  Provided, That notwithstanding 31 U.S.C. 
3302, in fiscal year 2012, such amounts as are assessed under 31 U.S.C. 
9701 shall be collected and credited to this account and shall be 
available until expended for necessary expenses:  Provided further, That 
to the extent $101,082,000 in addition to receipts are not realized from 
the sources of receipts stated above, the amount needed to reach 
$101,082,000 shall be credited to this appropriation from receipts 
resulting from rental rates for Outer Continental Shelf leases in effect 
before August 5, 1993:  Provided further, <<NOTE: 43 USC 1331 
note.>> That for fiscal year 2012 and each fiscal year thereafter, the 
term ``qualified Outer Continental Shelf revenues'', as defined in 
section 102(9)(A) of the Gulf of Mexico Energy Security Act, division C 
of Public Law 109-432, shall include only the portion or rental revenues 
that would have been collected by the Secretary at the rental rates in 
effect before August 5, 1993:  Provided further, That not to exceed 
$3,000 shall be available for reasonable expenses related to promoting 
volunteer beach and marine cleanup activities.

             Bureau of Safety and Environmental Enforcement

              offshore safety and environmental enforcement

    For expenses necessary for the regulation of operations related to 
leases, easements, rights-of-way and agreements for use for oil and gas, 
other minerals, energy, and marine-related purposes on the Outer 
Continental Shelf, as authorized by law; for enforcing and implementing 
laws and regulations as authorized by law and to the extent provided by 
Presidential or Secretarial delegation; and for matching grants or 
cooperative agreements, $61,473,000, to remain available until September 
30, 2013; and an amount not to exceed $59,081,000 to be credited to this 
appropriation and to remain available until expended, from additions to 
receipts resulting from increases to rates in effect on August 5, 1993, 
that are collected and disbursed by the Secretary, from cost recovery 
fees from activities conducted by the Bureau of Safety and Environmental 
Enforcement pursuant to the Outer Continental Shelf Lands Act, including 
studies, assessments, analysis, and miscellaneous administrative 
activities:  Provided, That notwithstanding 31 U.S.C.

[[Page 125 STAT. 995]]

3302, in fiscal year 2012, such amounts as are assessed under 31 U.S.C. 
9701 shall be collected and credited to this account and shall be 
available until expended for necessary expenses:  Provided further, That 
to the extent $59,081,000 in addition to receipts are not realized from 
the sources of receipts stated above, the amount needed to reach 
$59,081,000 shall be credited to this appropriation from receipts 
resulting from rental rates for Outer Continental Shelf leases in effect 
before August 5, 1993:  Provided further, That <<NOTE: 43 USC 1331 
note.>> 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, <<NOTE: 30 USC 1211 note.>> That appropriations for the Office 
of Surface Mining Reclamation and Enforcement may provide for the travel 
and per diem expenses of State and tribal personnel attending Office of 
Surface Mining Reclamation and Enforcement sponsored training:  Provided 
further, That, in fiscal year 2012, up to $40,000 collected by the 
Office of Surface Mining from permit fees pursuant to section 507 of 
Public Law 95-87 (30 U.S.C. 1257) shall be credited to this account as 
discretionary offsetting collections, to remain available until 
expended:  Provided further, That the sum herein appropriated shall be 
reduced as collections are received

[[Page 125 STAT. 996]]

during the fiscal year so as to result in a final fiscal year 2012 
appropriation estimated at not more than $122,910,000:  Provided 
further, <<NOTE: 30 USC 1257 note.>> That, in subsequent fiscal years, 
all amounts collected by the Office of Surface Mining from permit fees 
pursuant to section 507 of Public Law 95-87 (30 U.S.C. 1257) shall be 
credited to this account as discretionary offsetting collections, to 
remain available until expended.

                     abandoned mine reclamation fund

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

                        administrative provision

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

         Bureau of Indian Affairs and Bureau of Indian Education

                      operation of indian programs

                      (including transfer of funds)

    For expenses necessary for the operation of Indian programs, as 
authorized by law, including the Snyder Act of November 2, 1921 (25 
U.S.C. 13), the Indian Self-Determination and Education Assistance Act 
of 1975 (25 U.S.C. 450 et seq.), as amended, the Education Amendments of 
1978 (25 U.S.C. 2001-2019), and the Tribally Controlled Schools Act of 
1988 (25 U.S.C. 2501 et seq.), as amended, $2,371,532,000, to remain 
available until September 30, 2013 except as otherwise provided herein; 
of which not to exceed $8,500 may be for official reception and 
representation expenses; of which not to exceed $74,911,000 shall be for 
welfare assistance payments:  Provided, That in cases of designated 
Federal disasters, the Secretary may exceed such cap, from the amounts 
provided herein, to provide for disaster relief to Indian communities

[[Page 125 STAT. 997]]

affected by the disaster; of which, notwithstanding any other provision 
of law, including but not limited to the Indian Self-Determination Act 
of 1975, as amended, not to exceed $219,560,000 shall be available for 
payments for contract support costs associated with ongoing contracts, 
grants, compacts, or annual funding agreements entered into with the 
Bureau prior to or during fiscal year 2012, as authorized by such Act, 
except that tribes and tribal organizations may use their tribal 
priority allocations for unmet contract support costs of ongoing 
contracts, grants, or compacts, or annual funding agreements and for 
unmet welfare assistance costs; of which not to exceed $590,484,000 for 
school operations costs of Bureau-funded schools and other education 
programs shall become available on July 1, 2012, and shall remain 
available until September 30, 2013; and of which not to exceed 
$48,049,000 shall remain available until expended for housing 
improvement, road maintenance, attorney fees, litigation support, the 
Indian Self-Determination Fund, land records improvement, and the 
Navajo-Hopi Settlement Program:  Provided further, That notwithstanding 
any other provision of law, including but not limited to the Indian 
Self-Determination Act of 1975, as amended, and 25 U.S.C. 2008, not to 
exceed $46,327,000 within and only from such amounts made available for 
school operations shall be available for administrative cost grants 
associated with ongoing grants entered into with the Bureau prior to or 
during fiscal year 2011 for the operation of Bureau-funded schools, and 
up to $500,000 within and only from such amounts made available for 
administrative cost grants shall be available for the transitional costs 
of initial administrative cost grants to grantees that assume operation 
on or after July 1, 2011, of Bureau-funded schools:  Provided further, 
That any forestry funds allocated to a tribe which remain unobligated as 
of September 30, 2013, may be transferred during fiscal year 2014 to an 
Indian forest land assistance account established for the benefit of the 
holder of the funds within the holder's trust fund account:  Provided 
further, <<NOTE: Expiration date.>> That any such unobligated balances 
not so transferred shall expire on September 30, 2014:  Provided 
further, That in order to enhance the safety of Bureau field employees, 
the Bureau may use funds to purchase uniforms or other identifying 
articles of clothing for personnel.

                              construction

                      (including transfer of funds)

    For construction, repair, improvement, and maintenance of irrigation 
and power systems, buildings, utilities, and other facilities, including 
architectural and engineering services by contract; acquisition of 
lands, and interests in lands; and preparation of lands for farming, and 
for construction of the Navajo Indian Irrigation Project pursuant to 
Public Law 87-483, $123,828,000, to remain available until expended:  
Provided, That such amounts as may be available for the construction of 
the Navajo Indian Irrigation Project may be transferred to the Bureau of 
Reclamation:  Provided further, That not to exceed 6 percent of contract 
authority available to the Bureau of Indian Affairs from the Federal 
Highway Trust Fund may be used to cover the road program management 
costs of the Bureau:  Provided further, That any funds provided for the 
Safety of Dams program pursuant to 25 U.S.C. 13 shall be made

[[Page 125 STAT. 998]]

available on a nonreimbursable basis:  Provided further, That for fiscal 
year 2012, in implementing new construction or facilities improvement 
and repair project grants in excess of $100,000 that are provided to 
grant schools under Public Law 100-297, as amended, the Secretary of the 
Interior shall use the Administrative and Audit Requirements and Cost 
Principles for Assistance Programs contained in 43 CFR part 12 as the 
regulatory requirements:  Provided 
further, <<NOTE: Grants. Negotiation.>> That such grants shall not be 
subject to section 12.61 of 43 CFR; the Secretary and the grantee shall 
negotiate and determine a schedule of payments for the work to be 
performed:  Provided further, That in considering grant applications, 
the Secretary shall consider whether such grantee would be deficient in 
assuring that the construction projects conform to applicable building 
standards and codes and Federal, tribal, or State health and safety 
standards as required by 25 U.S.C. 2005(b), with respect to 
organizational and financial management capabilities:  Provided further, 
That if the Secretary declines a grant application, the Secretary shall 
follow the requirements contained in 25 U.S.C. 2504(f):  Provided 
further, That any disputes between the Secretary and any grantee 
concerning a grant shall be subject to the disputes provision in 25 
U.S.C. 2507(e):  Provided further, That in order to ensure timely 
completion of construction projects, the Secretary may assume control of 
a project and all funds related to the project, if, within 18 months of 
the date of enactment of this Act, any grantee receiving funds 
appropriated in this Act or in any prior Act, has not completed the 
planning and design phase of the project and commenced construction:  
Provided further, That this appropriation may be reimbursed from the 
Office of the Special Trustee for American Indians appropriation for the 
appropriate share of construction costs for space expansion needed in 
agency offices to meet trust reform implementation.

 indian land and water claim settlements and miscellaneous payments to 
                                 indians

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

                 indian guaranteed loan program account

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

                        administrative provisions

    The Bureau of Indian Affairs may carry out the operation of Indian 
programs by direct expenditure, contracts, cooperative agreements, 
compacts, and grants, either directly or in cooperation with States and 
other organizations.

[[Page 125 STAT. 999]]

    Notwithstanding 25 U.S.C. 15, the Bureau of Indian Affairs may 
contract for services in support of the management, operation, and 
maintenance of the Power Division of the San Carlos Irrigation Project.
    Appropriations for the Bureau of Indian Affairs (except the 
Revolving Fund for Loans Liquidating Account, Indian Loan Guaranty and 
Insurance Fund Liquidating Account, Indian Guaranteed Loan Financing 
Account, Indian Direct Loan Financing Account, and the Indian Guaranteed 
Loan Program account) shall be available for expenses of exhibits.
    Notwithstanding any other provision of law, no funds available to 
the Bureau of Indian Affairs for central office oversight and Executive 
Direction and Administrative Services (except executive direction and 
administrative services funding for Tribal Priority Allocations, 
regional offices, and facilities operations and maintenance) shall be 
available for contracts, grants, compacts, or cooperative agreements 
with the Bureau of Indian Affairs under the provisions of the Indian 
Self-Determination Act or the Tribal Self-Governance Act of 1994 (Public 
Law 103-413).
    In the event any tribe returns appropriations made available by this 
Act to the Bureau of Indian Affairs, this action shall not diminish the 
Federal Government's trust responsibility to that tribe, or the 
government-to-government relationship between the United States and that 
tribe, or that tribe's ability to access future appropriations.
    Notwithstanding <<NOTE: Alaska.>> 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. <<NOTE: Charter 
schools.>> Funds made available under this Act may not be used to 
establish a charter school at a Bureau-funded school (as that term is 
defined in section 1141 of the Education Amendments of 1978 (25 U.S.C. 
2021)), except that a charter school that is in existence on the date of 
the enactment of this Act and that has operated at a Bureau-funded 
school before September 1, 1999, may continue to operate during that 
period, but only if the charter school pays to the Bureau a pro rata 
share of funds to reimburse the Bureau for the use of the real and 
personal property (including buses and vans), the funds of the charter 
school are kept separate and apart from Bureau funds, and the Bureau 
does not assume any obligation for charter school programs of the State 
in which the school is located if the charter school loses such funding. 
Employees of Bureau-funded schools sharing a campus with a charter 
school

[[Page 125 STAT. 1000]]

and performing functions related to the charter school's operation and 
employees of a charter school shall not be treated as Federal employees 
for purposes of chapter 171 of title 28, United States Code.

    Notwithstanding any other provision of law, including section 113 of 
title I of appendix C of Public Law 106-113, if in fiscal year 2003 or 
2004 a grantee received indirect and administrative costs pursuant to a 
distribution formula based on section 5(f) of Public Law 101-301, the 
Secretary shall continue to distribute indirect and administrative cost 
funds to such grantee using the section 5(f) distribution formula.

                          Departmental Offices

                         Office of the Secretary

                         departmental operations

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

                             Insular Affairs

                        assistance to territories

    For expenses necessary for assistance to territories under the 
jurisdiction of the Department of the Interior and other jurisdictions 
identified in section 104(e) of Public Law 108-188, $87,997,000, of 
which: (1) $78,517,000 shall remain available until expended for 
territorial assistance, including general technical assistance,

[[Page 125 STAT. 1001]]

maintenance assistance, disaster assistance, insular management 
controls, coral reef initiative activities, and brown tree snake control 
and research; grants to the judiciary in American Samoa for compensation 
and expenses, as authorized by law (48 U.S.C. 1661(c)); grants to the 
Government of American Samoa, in addition to current local revenues, for 
construction and support of governmental functions; grants to the 
Government of the Virgin Islands as authorized by law; grants to the 
Government of Guam, as authorized by law; and grants to the Government 
of the Northern Mariana Islands as authorized by law (Public Law 94-241; 
90 Stat. 272); and (2) $9,480,000 shall be available until September 30, 
2013 for salaries and expenses of the Office of Insular Affairs:  
Provided, <<NOTE: 48 USC 1469b.>> That all financial transactions of the 
territorial and local governments herein provided for, including such 
transactions of all agencies or instrumentalities established or used by 
such governments, may be audited by the Government Accountability 
Office, at its discretion, in accordance with chapter 35 of title 31, 
United States Code:  Provided further, That Northern Mariana Islands 
Covenant grant funding shall be provided according to those terms of the 
Agreement of the Special Representatives on Future United States 
Financial Assistance for the Northern Mariana Islands approved by Public 
Law 104-134:  Provided further, That the funds for the program of 
operations and maintenance improvement are appropriated to 
institutionalize routine operations and maintenance improvement of 
capital infrastructure with territorial participation and cost sharing 
to be determined by the Secretary based on the grantee's commitment to 
timely maintenance of its capital assets:  Provided further, That any 
appropriation for disaster assistance under this heading in this Act or 
previous appropriations Acts may be used as non-Federal matching funds 
for the purpose of hazard mitigation grants provided pursuant to section 
404 of the Robert T. Stafford Disaster Relief and Emergency Assistance 
Act (42 U.S.C. 5170c).

                       compact of free association

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

                        Administrative Provisions

                      (including transfer of funds)

    At the request of the Governor of Guam, the Secretary may transfer 
discretionary funds or mandatory funds provided under section 104(e) of 
Public Law 108-188 and Public Law 104-134, that are allocated for Guam, 
to the Secretary of Agriculture for the subsidy cost of direct or 
guaranteed loans, plus not to exceed three percent of the amount of the 
subsidy transferred for the cost of loan administration, for the 
purposes authorized by the Rural Electrification Act of 1936 and section 
306(a)(1) of the Consolidated Farm and Rural Development Act for 
construction and repair projects in Guam, and such funds shall remain 
available until expended:  Provided, That such costs, including the cost 
of modifying

[[Page 125 STAT. 1002]]

such loans, shall be as defined in section 502 of the Congressional 
Budget Act of 1974:  Provided further, That such loans or loan 
guarantees may be made without regard to the population of the area, 
credit elsewhere requirements, and restrictions on the types of eligible 
entities under the Rural Electrification Act of 1936 and section 
306(a)(1) of the Consolidated Farm and Rural Development Act:  Provided 
further, That any funds transferred to the Secretary of Agriculture 
shall be in addition to funds otherwise made available to make or 
guarantee loans under such authorities.

                         Office of the Solicitor

                          salaries and expenses

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

                       Office of Inspector General

                          salaries and expenses

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

           Office of the Special Trustee for American Indians

                         federal trust programs

                      (including transfer of funds)

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

[[Page 125 STAT. 1003]]

holder:  Provided further, That not to exceed $50,000 is available for 
the Secretary to make payments to correct administrative errors of 
either disbursements from or deposits to Individual Indian Money or 
Tribal accounts after September 30, 2002:  Provided further, That 
erroneous payments that are recovered shall be credited to and remain 
available in this account for this purpose.

                        Department-wide Programs

                        wildland fire management

              (including transfers and rescission of funds)

    For necessary expenses for fire preparedness, suppression 
operations, fire science and research, emergency rehabilitation, 
hazardous fuels reduction, and rural fire assistance by the Department 
of the Interior, $566,495,000, to remain available until expended, of 
which not to exceed $6,137,000 shall be for the renovation or 
construction of fire facilities:  Provided, That such funds are also 
available for repayment of advances to other appropriation accounts from 
which funds were previously transferred for such purposes:  Provided 
further, That persons hired pursuant to 43 U.S.C. 1469 may be furnished 
subsistence and lodging without cost from funds available from this 
appropriation:  Provided further, That notwithstanding 42 U.S.C. 1856d, 
sums received by a bureau or office of the Department of the Interior 
for fire protection rendered pursuant to 42 U.S.C. 1856 et seq., 
protection of United States property, may be credited to the 
appropriation from which funds were expended to provide that protection, 
and are available without fiscal year limitation:  Provided further, 
That using the amounts designated under this title of this Act, the 
Secretary of the Interior may enter into procurement contracts, grants, 
or cooperative agreements, for hazardous fuels reduction activities, and 
for training and monitoring associated with such hazardous fuels 
reduction activities, on Federal land, or on adjacent non-Federal land 
for activities that benefit resources on Federal land:  Provided 
further, That the costs of implementing any cooperative agreement 
between the Federal Government and any non-Federal entity may be shared, 
as mutually agreed on by the affected parties:  Provided further, That 
notwithstanding requirements of the Competition in Contracting Act, the 
Secretary, for purposes of hazardous fuels reduction activities, may 
obtain maximum practicable competition among: (1) local private, 
nonprofit, or cooperative entities; (2) Youth Conservation Corps crews, 
Public Lands Corps (Public Law 109-154), or related partnerships with 
State, local, or nonprofit youth groups; (3) small or micro-businesses; 
or (4) other entities that will hire or train locally a significant 
percentage, defined as 50 percent or more, of the project workforce to 
complete such <<NOTE: Guidance.>> contracts:  Provided further, That in 
implementing this section, the Secretary shall develop written guidance 
to field units to ensure accountability and consistent application of 
the authorities provided herein:  Provided further, That funds 
appropriated under this heading may be used to reimburse the United 
States Fish and Wildlife Service and the National Marine Fisheries 
Service for the costs of carrying out their responsibilities under the 
Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) to consult and 
conference, as required

[[Page 125 STAT. 1004]]

by section 7 of such Act, in connection with wildland fire management 
activities:  Provided further, That the Secretary of the Interior may 
use wildland fire appropriations to enter into noncompetitive sole-
source leases of real property with local governments, at or below fair 
market value, to construct capitalized improvements for fire facilities 
on such leased properties, including but not limited to fire guard 
stations, retardant stations, and other initial attack and fire support 
facilities, and to make advance payments for any such lease or for 
construction activity associated with the lease:  Provided further, That 
the Secretary of the Interior and the Secretary of Agriculture may 
authorize the transfer of funds appropriated for wildland fire 
management, in an aggregate amount not to exceed $50,000,000, between 
the Departments when such transfers would facilitate and expedite 
wildland fire management programs and projects:  Provided further, That 
funds provided for wildfire suppression shall be available for support 
of Federal emergency response actions:  Provided further, That funds 
appropriated under this heading shall be available for assistance to or 
through the Department of State in connection with forest and rangeland 
research, technical information, and assistance in foreign countries, 
and, with the concurrence of the Secretary of State, shall be available 
to support forestry, wildland fire management, and related natural 
resource activities outside the United States and its territories and 
possessions, including technical assistance, education and training, and 
cooperation with United States and international organizations:  
Provided further, <<NOTE: Notification.>> 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, <<NOTE: Declaration.>> That such amounts are 
available only for transfer to the ``Wildland Fire Management'' account 
and only following a declaration by the Secretary that either (1) a 
wildland fire suppression event meets certain previously established 
risk-based written criteria for significant complexity, severity, or 
threat posed by the fire or (2) funds in the ``Wildland Fire 
Management'' account will be exhausted within 30 days.

                    central hazardous materials fund

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

[[Page 125 STAT. 1005]]

including associated activities, performed pursuant to the Comprehensive 
Environmental Response, Compensation, and Liability Act, as amended (42 
U.S.C. 9601 et seq.), $10,149,000, to remain available until expended.

           natural resource damage assessment and restoration

                 natural resource damage assessment fund

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

                          working capital fund

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

                        administrative provision

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

[[Page 125 STAT. 1006]]

derived or trade-in value used to offset the purchase price for the 
replacement aircraft.

             General Provisions, Department of the Interior

                     (including transfers of funds)

               emergency transfer authority--intra-bureau

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

              emergency transfer authority--department-wide

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

[[Page 125 STAT. 1007]]

funds shall be used to reimburse, on a pro rata basis, accounts from 
which emergency funds were transferred.

                         authorized use of funds

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

            authorized use of funds, indian trust management

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

            redistribution of funds, bureau of indian affairs

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

                             payment of fees

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

[[Page 125 STAT. 1008]]

                    everglades ecosystem restoration

    Sec. 107.  <<NOTE: 16 USC 410i note.>> 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.  <<NOTE: New York. New 
Jersey. Contracts.>> 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) <<NOTE: Deadlines.>> The Secretary shall bill designated 
operators under subsection (b) within 60 days, with payment required 
within 30 days of billing. The Secretary shall bill designated operators 
under subsection (c) within 30 days of the end of the month in which the 
inspection occurred, with payment required within 30 days of billing.

                  oil and gas leasing internet program

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

[[Page 125 STAT. 1009]]

shall have the authority to establish an oil and gas leasing Internet 
program, under which the Secretary may conduct lease sales through 
methods other than oral bidding.

                          indian probate judges

    Sec. 111.  Section 108 of Public Law 109-54 (the Department of the 
Interior, Environment, and Related Agencies Appropriations Act, 
2006) <<NOTE: 25 USC 372-2.>> 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.  <<NOTE: Effective date. Time period.>> 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. <<NOTE: 16 USC 1336 note.>> (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. <<NOTE: Contracts. 25 USC 2000 note.>> (a)(1) 
Notwithstanding any other provision of law or Federal regulation, 
including section 586(c) of title 40, United States Code, the Director 
of the BIE, or the Director's designee,

[[Page 125 STAT. 1010]]

is authorized to enter into agreements with public and private persons 
and entities that provide for such persons and entities to rent or lease 
the land or facilities of a Bureau-operated school for such periods of 
time as the school is Bureau operated, in exchange for a consideration 
(in the form of funds) that benefits the school, as determined by the 
head of the school.

    (2) Funds received under paragraph (1) shall be retained by the 
school and used for school purposes otherwise authorized by law. Any 
funds received under paragraph (1) are hereby made available until 
expended for such purposes, notwithstanding section 3302 of title 31, 
United States Code.
    (3) Nothing in this section shall be construed to allow for the 
diminishment of, or otherwise affect, the appropriation of funds to the 
budget accounts for the operation and maintenance of Bureau-operated 
schools. No funds shall be withheld from the distribution to the budget 
of any Bureau-operated school due to the receipt by the school of a 
benefit in accordance with this section.
    (b) Notwithstanding any provision of title 5, United States Code, or 
any regulation promulgated under such title, education personnel who are 
under the direction and supervision of the Secretary of the Interior may 
participate in a fundraising activity for the benefit of a Bureau-
operated school in an official capacity as part of their official 
duties. When participating in such an official capacity, the employee 
may use the employee's official title, position, and authority. Nothing 
in this subsection shall be construed to authorize participation in 
political activity (as such term is used in section 7324 of title 5, 
United States Code) otherwise prohibited by law.
    (c) <<NOTE: Regulations. Deadline.>> 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) <<NOTE: Applicability.>> Provisions of this section shall apply 
to fiscal years 2012 through 2014.

                         authorized use of funds

    Sec. 116.  Section 3006 of Public Law <<NOTE: 124 Stat. 2339.>> 111-
212 is amended by striking ``For fiscal years 2010 and 2011'' and 
inserting ``For fiscal years 2010 through 2012''.

                        mass marking of salmonids

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

[[Page 125 STAT. 1011]]

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

                       prohibition on use of funds

    Sec. 118. (a) <<NOTE: Certification.>> 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.  <<NOTE: Boating.>> 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 <<NOTE: Grants.>> subsection 
(c), the United States Government, through the Secretary of the Interior 
shall provide to the Government of Palau for fiscal year 2012 grants in 
amounts equal to the annual amounts specified in subsections (a), (c), 
and (d) of section 211 of the Compact of Free Association between the 
Government of the United States of America and the Government of Palau 
(48 U.S.C. 1931 note) (referred to in this section as the ``Compact'').

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

[[Page 125 STAT. 1012]]

                            hiring authorities

    Sec. 121. <<NOTE: 16 USC 1725a.>> (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) <<NOTE: Applicability.>> 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) <<NOTE: Time period.>> 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. <<NOTE: Applicability. Effective date.>> This 
        paragraph applies to individuals appointed on or after March 30, 
        2009. An employee who does not meet competitive service 
        qualification requirements after two years of continuous service 
        in an appointment made under subsection (a) shall be converted 
        upon meeting such qualification requirements. Temporary and 
        time-limited appointments will be made in the excepted service. 
        There is no provision for conversion to competitive service when 
        appointments are time-limited.''.

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

[[Page 125 STAT. 1013]]

Management and the Bureau of Safety and Environmental Enforcement may be 
used by the Secretary of the Interior to establish higher minimum rates 
of basic pay for employees of the Department of the Interior in the Gulf 
of Mexico Region in the Geophysicist (GS-1313), Geologist (GS-1350), and 
Petroleum Engineer (GS-0881) job series at grades 5 through 15 at rates 
no greater than 25 percent above the minimum rates of basic pay normally 
scheduled, and such higher rates shall be consistent with the 
subsections (e) through (h) of section 5305 of title 5, United States 
Code.

   bureau of land management actions regarding grazing on public lands

    Sec. 122. (a) Exhaustion of Administrative Review Required.--
            (1) For fiscal years 2012 and 2013 only, a person may bring 
        a civil action challenging a decision of the Bureau of Land 
        Management concerning grazing on public lands (as defined in 
        section 103(e) of the Federal Land Policy and Management Act of 
        1976 (43 U.S.C. 1702(e))) in a Federal district court only if 
        the person has exhausted the administrative hearings and appeals 
        procedures established by the Department of the Interior, 
        including having filed a timely appeal and a request for stay.
            (2) An issue may be considered in the judicial review of a 
        decision referred to in paragraph (1) only if the issue was 
        raised in the administrative review process described in such 
        paragraph.
            (3) An exception to the requirement of exhausting the 
        administrative review process before seeking judicial review 
        shall be available if a Federal court finds that the agency 
        failed or was unable to make information timely available during 
        the administrative review process for issues of material 
        fact. <<NOTE: Definition.>> 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) <<NOTE: 43 USC 1781a.>> 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. <<NOTE: Termination.>> With 
        respect to each permit or lease donated under this paragraph, 
        the Secretary shall terminate the grazing permit or lease, 
        ensure a permanent end (except as provided in paragraph (2)), to 
        grazing on the land covered by the permit or lease, and make the 
        land available for mitigation by allocating the forage to 
        wildlife use consistent with any applicable Habitat Conservation 
        Plan, section 10(a)(1)(B) permit, or section 7 consultation 
        under the Endangered Species Act of 1973 (16 U.S.C. 1531 et 
        seq.).
            (2) If the land covered by a permit or lease donated under 
        paragraph (1) is also covered by another valid existing permit 
        or lease that is not donated under such paragraph, the Secretary 
        of the Interior shall reduce the authorized grazing level on the 
        land covered by the permit or lease to reflect the donation of 
        the permit or lease under paragraph (1). To ensure that

[[Page 125 STAT. 1014]]

        there is a permanent reduction in the level of grazing on the 
        land covered by a permit or lease donated under paragraph (1), 
        the Secretary shall not allow grazing use to exceed the 
        authorized level under the remaining valid existing permit or 
        lease that is not donated.

                   trailing livestock over public land

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

                           lease authorization

    Sec. 124. (a) In General.--The Secretary of the Interior (referred 
to in this section as the ``Secretary'') may lease to the Savannah Bar 
Pilots Association, or a successor organization, no more than 30,000 
square feet of land and improvements within Fort Pulaski National 
Monument (referred to in this section as the ``Monument'') at the 
location on Cockspur Island that has been used continuously by the 
Savannah Bar Pilots Association since 1940.
    (b) Rental Fee and Proceeds.--
            (1) Rental fee.--For the lease authorized by this Act, the 
        Secretary shall require a rental fee based on fair market value 
        adjusted, as the Secretary deems appropriate, for amounts to be 
        expended by the lessee for property preservation, maintenance, 
        or repair and related expenses.
            (2) Proceeds.--Disposition of the proceeds from the rental 
        fee required pursuant to paragraph (1) shall be made in 
        accordance with section 3(k)(5) of Public Law 91-383 (16 U.S.C. 
        1a-2(k)(5)).

    (c) Terms and Conditions.--A lease entered into under this section--
            (1) shall be for a term of no more than 10 years and, at the 
        Secretary's discretion, for successive terms of no more than 10 
        years at a time; and
            (2) shall include any terms and conditions the Secretary 
        determines to be necessary to protect the resources of the 
        Monument and the public interest.

    (d) Exemption From Applicable Law.--Except as provided in section 
2(b)(2) of this Act, the lease authorized by this Act shall not be 
subject to section 3(k) of Public Law 91-383 (16 U.S.C. 1a-2(k)) or 
section 321 of Act of June 30, 1932 (40 U.S.C. 1302).

                      wild lands funding prohibition

    Sec. 125.  None of the funds made available in this Act or any other 
Act may be used to implement, administer, or enforce Secretarial Order 
No. 3310 issued by the Secretary of the Interior on December 22, 2010:  
Provided, That nothing in this section shall

[[Page 125 STAT. 1015]]

restrict the Secretary's authorities under sections 201 and 202 of the 
Federal Land Policy and Management Act of 1976 (43 U.S.C. 1711 and 
1712).

                                TITLE II

                     ENVIRONMENTAL PROTECTION AGENCY

                         Science and Technology

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

                  Environmental Programs and Management

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

                       Office of Inspector General

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

                        Buildings and Facilities

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

                      Hazardous Substance Superfund

                     (including transfers of funds)

    For necessary expenses to carry out the Comprehensive Environmental 
Response, Compensation, and Liability Act of 1980 (CERCLA), as amended, 
including sections 111(c)(3), (c)(5), (c)(6), and (e)(4) (42 U.S.C. 
9611) $1,215,753,000, to remain available

[[Page 125 STAT. 1016]]

until expended, consisting of such sums as are available in the Trust 
Fund on September 30, 2011, as authorized by section 517(a) of the 
Superfund Amendments and Reauthorization Act of 1986 (SARA) and up to 
$1,215,753,000 as a payment from general revenues to the Hazardous 
Substance Superfund for purposes as authorized by section 517(b) of 
SARA, as amended:  Provided, That funds appropriated under this heading 
may be allocated to other Federal agencies in accordance with section 
111(a) of CERCLA:  Provided further, That of the funds appropriated 
under this heading, $9,955,000 shall be paid to the ``Office of 
Inspector General'' appropriation to remain available until September 
30, 2013, and $23,016,000 shall be paid to the ``Science and 
Technology'' appropriation to remain available until September 30, 2013.

           Leaking Underground Storage Tank Trust Fund Program

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

                        Inland Oil Spill Programs

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

                   State and Tribal Assistance Grants

    For environmental programs and infrastructure assistance, including 
capitalization grants for State revolving funds and performance 
partnership grants, $3,618,727,000, to remain available until expended, 
of which $1,468,806,000 shall be for making capitalization grants for 
the Clean Water State Revolving Funds under title VI of the Federal 
Water Pollution Control Act, as amended (the ``Act''); of which 
$919,363,000 shall be for making capitalization grants for the Drinking 
Water State Revolving Funds under section 1452 of the Safe Drinking 
Water Act, as amended:  Provided, That for fiscal year 2012, to the 
extent there are sufficient eligible project applications, not less than 
10 percent of the funds made available under this title to each State 
for Clean Water State Revolving Fund capitalization grants shall be used 
by the State for projects to address green infrastructure, water or 
energy efficiency improvements, or other environmentally innovative 
activities:  Provided further, That for fiscal year 2012, funds made 
available under this title to each State for Drinking Water State 
Revolving Fund capitalization grants may, at the discretion of each

[[Page 125 STAT. 1017]]

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

[[Page 125 STAT. 1018]]

fund, and used for eligible purposes of the fund, including 
administration:  Provided further, <<NOTE: Grants. Native 
Americans.>> 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, <<NOTE: Applicability.>> 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, <<NOTE: 42 USC 300j-12 note.>> That for fiscal year 2012 and 
hereafter, the Administrator may transfer funds provided for tribal set-
asides through funds appropriated for the Clean Water State Revolving 
Funds and for the Drinking Water State Revolving Funds between those 
accounts in such manner as the Administrator

[[Page 125 STAT. 1019]]

deems appropriate, but not to exceed the transfer limits given to States 
under section 302(a) of Public Law 104-182.

       Administrative Provisions--Environmental Protection Agency

              (including transfer and rescission of funds)

    For fiscal year 2012, notwithstanding 31 U.S.C. 6303(1) and 6305(1), 
the Administrator of the Environmental Protection Agency, in carrying 
out the Agency's function to implement directly Federal environmental 
programs required or authorized by law in the absence of an acceptable 
tribal program, may award cooperative agreements to federally recognized 
Indian tribes or Intertribal consortia, if authorized by their member 
tribes, to assist the Administrator in implementing Federal 
environmental programs for Indian tribes required or authorized by law, 
except that no such cooperative agreements may be awarded from funds 
designated for State financial assistance agreements.
    The <<NOTE: Fees.>> 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 <<NOTE: Contracts. Grants.>> Administrator is authorized to 
transfer up to $300,000,000 of the funds appropriated for the Great 
Lakes Restoration Initiative under the heading ``Environmental Programs 
and Management'' to the head of any Federal department or agency, with 
the concurrence of such head, to carry out activities that would support 
the Great Lakes Restoration Initiative and Great Lakes Water Quality 
Agreement programs, projects, or activities; to enter into an 
interagency agreement with the head of such Federal department or agency 
to carry out these activities; and to make grants to governmental 
entities, nonprofit organizations, institutions, and individuals for 
planning, research, monitoring, outreach, and implementation in 
furtherance of the Great Lakes Restoration Initiative and the Great 
Lakes Water Quality Agreement.

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

[[Page 125 STAT. 1020]]

    For <<NOTE: Applicability. 33 USC 1372 note.>> 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 <<NOTE: Applicability. 42 USC 300j-9 note.>> 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 <<NOTE: Deadline. Notification.>> 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, <<NOTE: Determination. Deadline.>> That no funds shall be 
expended or transferred under this authority until the Administrator 
determines that amounts made available for expenditure in the ``Inland 
Oil Spill Programs'' account will be exhausted within 30 days:  Provided 
further, That such funds shall be replenished to the appropriation that 
was the source of the expenditure or transfer, following EPA's receipt 
of reimbursement from the Oil Spill Liability Trust Fund pursuant to the 
Oil Pollution Act of 1990.

                                TITLE III

                            RELATED AGENCIES

                        DEPARTMENT OF AGRICULTURE

                             Forest Service

                      forest and rangeland research

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

                       state and private forestry

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

[[Page 125 STAT. 1021]]

                         national forest system

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

                   capital improvement and maintenance

                      (including transfer of funds)

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

                            land acquisition

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

         acquisition of lands for national forests special acts

    For acquisition of lands within the exterior boundaries of the 
Cache, Uinta, and Wasatch National Forests, Utah; the Toiyabe

[[Page 125 STAT. 1022]]

National Forest, Nevada; and the Angeles, San Bernardino, Sequoia, and 
Cleveland National Forests, California, as authorized by law, $955,000, 
to be derived from forest receipts.

             acquisition of lands to complete land exchanges

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

                          range betterment fund

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

     gifts, donations and bequests for forest and rangeland research

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

        management of national forest lands for subsistence uses

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

                        wildland fire management

                     (including transfers of funds)

    For necessary expenses for forest fire presuppression activities on 
National Forest System lands, for emergency fire suppression on or 
adjacent to such lands or other lands under fire protection agreement, 
hazardous fuels reduction on or adjacent to such lands, and for 
emergency rehabilitation of burned-over National Forest System lands and 
water, $1,737,631,000, to remain available until expended:  Provided, 
That such funds including unobligated balances under this heading, are 
available for repayment of advances from other appropriations accounts 
previously transferred for such purposes:  Provided further, That such 
funds shall be available to reimburse State and other cooperating 
entities for services provided in response to wildfire and other 
emergencies or disasters to the extent such reimbursements by the Forest 
Service for non-fire emergencies are fully repaid by the responsible 
emergency management

[[Page 125 STAT. 1023]]

agency:  Provided further, That, notwithstanding any other provision of 
law, $7,262,000 of funds appropriated under this appropriation shall be 
available for the Forest Service in support of fire science research 
authorized by the Joint Fire Science Program, including all Forest 
Service authorities for the use of funds, such as contracts, grants, 
research joint venture agreements, and cooperative agreements:  Provided 
further, That all authorities for the use of funds, including the use of 
contracts, grants, and cooperative agreements, available to execute the 
Forest and Rangeland Research appropriation, are also available in the 
utilization of these funds for Fire Science Research:  Provided further, 
That funds provided shall be available for emergency rehabilitation and 
restoration, hazardous fuels reduction activities in the urban-wildland 
interface, support to Federal emergency response, and wildfire 
suppression activities of the Forest Service:  Provided further, That of 
the funds provided, $317,584,000 is for hazardous fuels reduction 
activities, $21,734,000 is for research activities and to make 
competitive research grants pursuant to the Forest and Rangeland 
Renewable Resources Research Act, as amended (16 U.S.C. 1641 et seq.), 
$55,564,000 is for State fire assistance, $6,366,000 is for volunteer 
fire assistance, $15,983,000 is for forest health activities on Federal 
lands and $8,366,000 is for forest health activities on State and 
private lands:  Provided further, That amounts in this paragraph may be 
transferred to the ``State and Private Forestry'', ``National Forest 
System'', and ``Forest and Rangeland Research'' accounts to fund State 
fire assistance, volunteer fire assistance, forest health management, 
forest and rangeland research, the Joint Fire Science Program, 
vegetation and watershed management, heritage site rehabilitation, and 
wildlife and fish habitat management and restoration:  Provided further, 
That the costs of implementing any cooperative agreement between the 
Federal Government and any non-Federal entity may be shared, as mutually 
agreed on by the affected parties:  Provided 
further, <<NOTE: Determination.>> That up to $15,000,000 of the funds 
provided herein may be used by the Secretary of Agriculture to enter 
into procurement contracts or cooperative agreements or to issue grants 
for hazardous fuels reduction and for training or monitoring associated 
with such hazardous fuels reduction activities on Federal land or on 
non-Federal land if the Secretary determines such activities implement a 
community wildfire protection plan (or equivalent) and benefit resources 
on Federal land:  Provided further, That funds made available to 
implement the Community Forest Restoration Act, Public Law 106-393, 
title VI, shall be available for use on non-Federal lands in accordance 
with authorities made available to the Forest Service under the ``State 
and Private Forestry'' appropriation:  Provided further, That the 
Secretary of the Interior and the Secretary of Agriculture may authorize 
the transfer of funds appropriated for wildland fire management, in an 
aggregate amount not to exceed $50,000,000, between the Departments when 
such transfers would facilitate and expedite wildland fire management 
programs and projects:  Provided further, That of the funds provided for 
hazardous fuels reduction, not to exceed $5,000,000 may be used to make 
grants, using any authorities available to the Forest Service under the 
``State and Private Forestry'' appropriation, for the purpose of 
creating incentives for increased use of biomass from National Forest 
System lands:  Provided further, That no amounts may be cancelled from 
amounts that were designated by the Congress as an emergency requirement

[[Page 125 STAT. 1024]]

pursuant to the Concurrent Resolution on the Budget or the Balanced 
Budget and Emergency Deficit Control Act of 1985, as amended:  Provided 
further, <<NOTE: Notification.>> 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, <<NOTE: Assessments.>> 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, <<NOTE: Declaration. Deadline.>> That such 
amounts are available only for transfer to the ``Wildland Fire 
Management'' account and only following a declaration by the Secretary 
that either (1) a wildland fire suppression event meets certain 
previously established risk-based written criteria for significant 
complexity, severity, or threat posed by the fire or (2) funds in the 
``Wildland Fire Management'' account will be exhausted within 30 days.

                administrative provisions--forest service

                     (including transfers of funds)

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

[[Page 125 STAT. 1025]]

558a, 558d, and 558a note); (6) the cost of uniforms as authorized by 5 
U.S.C. 5901-5902; and (7) for debt collection contracts in accordance 
with 31 U.S.C. 3718(c).
    Any <<NOTE: Notification. Deadline.>> 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 <<NOTE: 16 USC 556i.>> of the funds made available to the 
Forest Service in this Act or any other Act with respect to any fiscal 
year shall be subject to transfer under the provisions of section 702(b) 
of the Department of Agriculture Organic Act of 1944 (7 U.S.C. 2257), 
section 442 of Public Law 106-224 (7 U.S.C. 7772), or section 10417(b) 
of Public Law 107-107 (7 U.S.C. 8316(b)).

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

[[Page 125 STAT. 1026]]

Public Lands Corps Act of 1993, Public Law 103-82, as amended by Public 
Lands Corps Healthy Forests Restoration Act of 2005, Public Law 109-154.
    Of the funds available to the Forest Service, $4,000 is available to 
the Chief of the Forest Service for official reception and 
representation expenses.
    Pursuant to sections 405(b) and 410(b) of Public Law 101-593, of the 
funds available to the Forest Service, up to $3,000,000 may be advanced 
in a lump sum to the National Forest Foundation to aid conservation 
partnership projects in support of the Forest Service mission, without 
regard to when the Foundation incurs expenses, for projects on or 
benefitting National Forest System lands or related to Forest Service 
programs:  Provided, That of the Federal funds made available to the 
Foundation, no more than $300,000 shall be available for 
administrative <<NOTE: Time period.>> 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 <<NOTE: Assessments.>> available to the Forest Service, not to 
exceed $55,000,000, shall be assessed for the purpose of performing 
fire, administrative and other facilities maintenance and 
decommissioning. Such assessments shall occur using a square foot rate 
charged on the same basis the agency uses to assess programs for payment 
of rent, utilities, and other support services.

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

[[Page 125 STAT. 1027]]

as a result of OGC assistance or participation requested by the Forest 
Service at meetings, training sessions, management reviews, land 
purchase negotiations and similar nonlitigation-related matters. Future 
budget justifications for both the Forest Service and the Department of 
Agriculture should clearly display the sums previously transferred and 
the requested funding transfers.
    An eligible individual who is employed in any project funded under 
title V of the Older American Act of 1965 (42 U.S.C. 3056 et seq.) and 
administered by the Forest Service shall be considered to be a Federal 
employee for purposes of chapter 171 of title 28, United States Code.

                 DEPARTMENT OF HEALTH AND HUMAN SERVICES

                          Indian Health Service

                         indian health services

    For expenses necessary to carry out the Act of August 5, 1954 (68 
Stat. 674), the Indian Self-Determination Act, the Indian Health Care 
Improvement Act, and titles II and III of the Public Health Service Act 
with respect to the Indian Health Service, $3,872,377,000, together with 
payments received during the fiscal year pursuant to 42 U.S.C. 238(b) 
and 238b for services furnished by the Indian Health Service:  Provided, 
That funds made available to tribes and tribal organizations through 
contracts, grant agreements, or any other agreements or compacts 
authorized by the Indian Self-Determination and Education Assistance Act 
of 1975 (25 U.S.C. 450), shall be deemed to be obligated at the time of 
the grant or contract award and thereafter shall remain available to the 
tribe or tribal organization without fiscal year limitation:  Provided 
further, That $844,927,000 for contract medical care, including 
$51,500,000 for the Indian Catastrophic Health Emergency Fund, shall 
remain available until expended:  Provided further, That of the funding 
provided for information technology activities and, notwithstanding any 
other provision of law, $4,000,000 shall be allocated at the discretion 
of the Director of the Indian Health Service:  Provided further, That of 
the funds provided, up to $36,000,000 shall remain available until 
expended for implementation of the loan repayment program under section 
108 of the Indian Health Care Improvement Act:  Provided further, That 
the amounts collected by the Federal Government as authorized by 
sections 104 and 108 of the Indian Health Care Improvement Act (25 
U.S.C. 1613a and 1616a) during the preceding fiscal year for breach of 
contracts shall be deposited to the Fund authorized by section 108A of 
the Act (25 U.S.C. 1616a-1) and shall remain available until expended 
and, notwithstanding section 108A(c) of the Act (25 U.S.C. 1616a-1(c)), 
funds shall be available to make new awards under the loan repayment and 
scholarship programs under sections 104 and 108 of the Act (25 U.S.C. 
1613a and 1616a):  Provided further, <<NOTE: Allocations.>> That 
notwithstanding any other provision of law, the amounts made available 
within this account for the methamphetamine and suicide prevention and 
treatment initiative and for the domestic violence prevention initiative 
shall be allocated at the discretion of the Director of the Indian 
Health Service and shall remain available until expended:  Provided 
further, That funds provided in this Act may be used for annual 
contracts

[[Page 125 STAT. 1028]]

and grants that fall within 2 fiscal years, provided the total 
obligation is recorded in the year the funds are appropriated:  Provided 
further, That the amounts collected by the Secretary of Health and Human 
Services under the authority of title IV of the Indian Health Care 
Improvement Act shall remain available until expended for the purpose of 
achieving compliance with the applicable conditions and requirements of 
titles XVIII and XIX of the Social Security Act, except for those 
related to the planning, design, or construction of new facilities:  
Provided further, That funding contained herein for scholarship programs 
under the Indian Health Care Improvement Act (25 U.S.C. 1613) shall 
remain available until expended:  Provided 
further, <<NOTE: Reports.>> That amounts received by tribes and tribal 
organizations under title IV of the Indian Health Care Improvement Act 
shall be reported and accounted for and available to the receiving 
tribes and tribal organizations until expended:  Provided further, That, 
notwithstanding any other provision of law, of the amounts provided 
herein, not to exceed $472,193,000 shall be for payments to tribes and 
tribal organizations for contract or grant support costs associated with 
contracts, grants, self-governance compacts, or annual funding 
agreements between the Indian Health Service and a tribe or tribal 
organization pursuant to the Indian Self-Determination Act of 1975, as 
amended, prior to or during fiscal year 2012, of which not to exceed 
$10,000,000 may be used for contract support costs associated with new 
or expanded self-determination contracts, grants, self-governance 
compacts, or annual funding agreements:  Provided further, That the 
Bureau of Indian Affairs may collect from the Indian Health Service, 
tribes and tribal organizations operating health facilities pursuant to 
Public Law 93-638, such individually identifiable health information 
relating to disabled children as may be necessary for the purpose of 
carrying out its functions under the Individuals with Disabilities 
Education Act (20 U.S.C. 1400, et seq.):  Provided further, That the 
Indian Health Care Improvement Fund may be used, as needed, to carry out 
activities typically funded under the Indian Health Facilities account.

                        indian health facilities

    For construction, repair, maintenance, improvement, and equipment of 
health and related auxiliary facilities, including quarters for 
personnel; preparation of plans, specifications, and drawings; 
acquisition of sites, purchase and erection of modular buildings, and 
purchases of trailers; and for provision of domestic and community 
sanitation facilities for Indians, as authorized by section 7 of the Act 
of August 5, 1954 (42 U.S.C. 2004a), the Indian Self-Determination Act, 
and the Indian Health Care Improvement Act, and for expenses necessary 
to carry out such Acts and titles II and III of the Public Health 
Service Act with respect to environmental health and facilities support 
activities of the Indian Health Service, $441,052,000, to remain 
available until expended:  Provided, That notwithstanding any other 
provision of law, funds appropriated for the planning, design, 
construction, renovation or expansion of health facilities for the 
benefit of an Indian tribe or tribes may be used to purchase land on 
which such facilities will be located:  Provided further, That not to 
exceed $500,000 shall be used by the Indian Health Service to purchase 
TRANSAM equipment from the Department of Defense for distribution to the 
Indian

[[Page 125 STAT. 1029]]

Health Service and tribal facilities:  Provided further, That none of 
the funds appropriated to the Indian Health Service may be used for 
sanitation facilities construction for new homes funded with grants by 
the housing programs of the United States Department of Housing and 
Urban Development:  Provided further, That not to exceed $2,700,000 from 
this account and the ``Indian Health Services'' account shall be used by 
the Indian Health Service to obtain ambulances for the Indian Health 
Service and tribal facilities in conjunction with an existing 
interagency agreement between the Indian Health Service and the General 
Services Administration:  Provided further, That not to exceed $500,000 
shall be placed in a Demolition Fund, to remain available until 
expended, and be used by the Indian Health Service for the demolition of 
Federal buildings.

            administrative provisions--indian health service

    Appropriations provided in this Act to the Indian Health Service 
shall be available for services as authorized by 5 U.S.C. 3109 at rates 
not to exceed the per diem rate equivalent to the maximum rate payable 
for senior-level positions under 5 U.S.C. 5376; hire of passenger motor 
vehicles and aircraft; purchase of medical equipment; purchase of 
reprints; purchase, renovation and erection of modular buildings and 
renovation of existing facilities; payments for telephone service in 
private residences in the field, when authorized under regulations 
approved by the Secretary; uniforms or allowances therefor as authorized 
by 5 U.S.C. 5901-5902; and for expenses of attendance at meetings that 
relate to the functions or activities of the Indian Health Service:  
Provided, That in accordance with the provisions of the Indian Health 
Care Improvement Act, non-Indian patients may be extended health care at 
all tribally administered or Indian Health Service facilities, subject 
to charges, and the proceeds along with funds recovered under the 
Federal Medical Care Recovery Act (42 U.S.C. 2651-2653) shall be 
credited to the account of the facility providing the service and shall 
be available without fiscal year limitation:  Provided further, That 
notwithstanding any other law or regulation, funds transferred from the 
Department of Housing and Urban Development to the Indian Health Service 
shall be administered under Public Law 86-121, the Indian Sanitation 
Facilities Act and Public Law 93-638, as amended:  Provided further, 
That funds appropriated to the Indian Health Service in this Act, except 
those used for administrative and program direction purposes, shall not 
be subject to limitations directed at curtailing Federal travel 
and <<NOTE: Assessments.>> transportation:  Provided further, That none 
of the funds made available to the Indian Health Service in this Act 
shall be used for any assessments or charges by the Department of Health 
and Human Services unless identified in the budget justification and 
provided in this Act, or approved by the House and Senate Committees on 
Appropriations through the reprogramming process:  Provided further, 
That notwithstanding any other provision of law, funds previously or 
herein made available to a tribe or tribal organization through a 
contract, grant, or agreement authorized by title I or title V of the 
Indian Self-Determination and Education Assistance Act of 1975 (25 
U.S.C. 450), may be deobligated and reobligated to a self-determination 
contract under title I, or a self-governance agreement under title V of 
such Act and thereafter shall remain available to the tribe

[[Page 125 STAT. 1030]]

or tribal organization without fiscal year <<NOTE: Regulations. Budget 
request.>> 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 <<NOTE: Notification.>> assistance:  Provided 
further, That the appropriation structure for the Indian Health Service 
may not be altered without advance notification to the House and Senate 
Committees on Appropriations.

                      National Institutes of Health

           national institute of environmental health sciences

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

            Agency for Toxic Substances and Disease Registry

            toxic substances and environmental public health

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

[[Page 125 STAT. 1031]]

such health assessment or health study, evaluation, or activity, the 
Administrator of ATSDR shall not be bound by the deadlines in section 
104(i)(6)(A) of CERCLA:  Provided further, That none of the funds 
appropriated under this heading shall be available for ATSDR to issue in 
excess of 40 toxicological profiles pursuant to section 104(I) of CERCLA 
during fiscal year 2012, and existing profiles may be updated as 
necessary.

                         OTHER RELATED AGENCIES

                    Executive Office of the President

  council on environmental quality and office of environmental quality

    For necessary expenses to continue functions assigned to the Council 
on Environmental Quality and Office of Environmental Quality pursuant to 
the National Environmental Policy Act of 1969, the Environmental Quality 
Improvement Act of 1970, and Reorganization Plan No. 1 of 1977, and not 
to exceed $750 for official reception and representation 
expenses, <<NOTE: Appointment.>> $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, <<NOTE: Career positions.>> That the Chemical 
Safety and Hazard Investigation Board (Board) shall have not more than 
three career Senior Executive Service positions:  Provided further, 
That <<NOTE: 5 USC app. 8G note.>> notwithstanding any other provision 
of law, the individual appointed to the position of Inspector General of 
the Environmental Protection Agency (EPA) shall, by virtue of such 
appointment, also hold the position of Inspector General of the Board:  
Provided further, That notwithstanding any other provision of law, the 
Inspector General of the Board shall utilize personnel of the Office of 
Inspector General of EPA in performing the duties of the Inspector 
General of the Board, and shall not appoint any individuals to positions 
within the Board.

               Office of Navajo and Hopi Indian Relocation

                          salaries and expenses

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

[[Page 125 STAT. 1032]]

eligible individuals and groups including evictees from District 6, 
Hopi-partitioned lands residents, those in significantly substandard 
housing, and all others certified as eligible and not included in the 
preceding categories:  Provided further, That none of the funds 
contained in this or any other Act may be used by the Office of Navajo 
and Hopi Indian Relocation to evict any single Navajo or Navajo family 
who, as of November 30, 1985, was physically domiciled on the lands 
partitioned to the Hopi Tribe unless a new or replacement home is 
provided for such household:  Provided further, That no relocatee will 
be provided with more than one new or replacement home:  Provided 
further, <<NOTE: Relocation.>> 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, <<NOTE: Contracts.>> That funds appropriated herein are 
available for advance payments to independent contractors performing 
research services or participating in official Smithsonian 
presentations.

                           facilities capital

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

[[Page 125 STAT. 1033]]

expended, of which not to exceed $10,000 is for services as authorized 
by 5 U.S.C. 3109, and of which $75,000,000 shall be to complete design 
and begin construction of the National Museum of African American 
History and Culture:  Provided, <<NOTE: 20 USC 80r-6 note.>> 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 <<NOTE: Contracts.>> project:  Provided 
further, That the solicitation and contract shall contain the clause 
``availability of funds'' found at 48 CFR 52.232.18.

                         National Gallery of Art

                          salaries and expenses

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

            repair, restoration, and renovation of buildings

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

[[Page 125 STAT. 1034]]

             John F. Kennedy Center for the Performing Arts

                       operations and maintenance

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

                     capital repair and restoration

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

            Woodrow Wilson International Center for Scholars

                          salaries and expenses

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

           National Foundation on the Arts and the Humanities

                     National Endowment for the Arts

                        grants and administration

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

                  National Endowment for the Humanities

                        grants and administration

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

[[Page 125 STAT. 1035]]

                        Administrative Provisions

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

                         Commission of Fine Arts

                          salaries and expenses

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

               National Capital Arts and Cultural Affairs

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

                        administrative provision

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

[[Page 125 STAT. 1036]]

                Advisory Council on Historic Preservation

                          salaries and expenses

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

                  National Capital Planning Commission

                          salaries and expenses

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

                 United States Holocaust Memorial Museum

                        holocaust memorial museum

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

                             Presidio Trust

                           presidio trust fund

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

                Dwight D. Eisenhower Memorial Commission

                          salaries and expenses

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

                          capital construction

    For necessary expenses of the Dwight D. Eisenhower Memorial 
Commission for design and construction of a memorial in honor of Dwight 
D. Eisenhower, as authorized by Public Law 106-79, $30,990,000, to 
remain available until <<NOTE: Effective date. Contracts. 40 USC 8903 
note.>> expended:  Provided, That beginning in fiscal year 2012 and 
thereafter, any procurement for the construction of the permanent 
memorial to Dwight D. Eisenhower, as authorized by section 8162 of the 
Department of Defense Appropriations Act, 2000 (16 U.S.C. 431 note; 
Public Law 106-79), as amended by section 8120 of the Department of 
Defense

[[Page 125 STAT. 1037]]

Appropriations Act, 2002 (Public Law 107-117), may be issued which 
includes the full scope of the project:  Provided further, That the 
solicitation and contract with respect to the procurement shall contain 
the ``availability of funds'' clause described in section 52.232.18 of 
title 48, Code of Federal Regulations:  Provided further, That the funds 
appropriated herein shall be deemed to satisfy the criteria for issuing 
a permit contained in 40 U.S.C. 8906(a)(4) and (b).

                                TITLE IV

                           GENERAL PROVISIONS

                     (including transfers of funds)

                    limitation on consulting services

    Sec. 401.  <<NOTE: Contracts.>> 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.  <<NOTE: Lobbying.>> 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.  <<NOTE: Budget estimates.>> Estimated overhead charges, 
deductions, reserves or holdbacks from programs, projects, activities 
and subactivities to support government-wide, departmental, agency, or 
bureau administrative functions or headquarters, regional, or central 
operations shall be presented in annual budget justifications and 
subject to approval by the Committees on Appropriations of the House of 
Representatives and the Senate. Changes to such estimates shall be 
presented to the Committees on Appropriations for approval.

[[Page 125 STAT. 1038]]

                              giant sequoia

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

                           mining applications

    Sec. 407. <<NOTE: Patents and trademarks.>> (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 <<NOTE: Determination.>> (a) shall not 
apply if the Secretary of the Interior determines that, for the claim 
concerned (1) a patent application was filed with the Secretary on or 
before September 30, 1994; and (2) all requirements established under 
sections 2325 and 2326 of the Revised Statutes (30 U.S.C. 29 and 30) for 
vein or lode claims, sections 2329, 2330, 2331, and 2333 of the Revised 
Statutes (30 U.S.C. 35, 36, and 37) for placer claims, and section 2337 
of the Revised Statutes (30 U.S.C. 42) for mill site claims, as the case 
may be, were fully complied with by the applicant by that date.

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

                         contract support costs

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

[[Page 125 STAT. 1039]]

funding agreements with the Bureau of Indian Affairs or the Indian 
Health Service as funded by such Acts, are the total amounts available 
for fiscal years 1994 through 2011 for such purposes, except that the 
Bureau of Indian Affairs, tribes and tribal organizations may use their 
tribal priority allocations for unmet contract support costs of ongoing 
contracts, grants, self-governance compacts, or annual funding 
agreements.

                         forest management plans

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

                  prohibition within national monuments

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


     amendments to the temporary emergency wildfire suppression act


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

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

    ``In this Act:
            ``(1) Assume any and all liability.--The term `assume any 
        and all liability' means--
                    ``(A) the payment of--
                          ``(i) any judgment, settlement, fine, penalty, 
                      or cost assessment (including prevailing party 
                      legal fees) associated with the applicable 
                      litigation; and

[[Page 125 STAT. 1040]]

                          ``(ii) any cost incurred in handling the 
                      applicable litigation (including legal fees); and
                    ``(B) with respect to a Federal firefighter, 
                arranging for, and paying the costs of, representation 
                in the applicable litigation.
            ``(2) Federal firefighter.--The term `Federal firefighter' 
        means an individual furnished by the Secretary of Agriculture or 
        the Secretary of the Interior under an agreement entered into 
        under section 3.
            ``(3) Foreign fire organization.--The term `foreign fire 
        organization' means any foreign governmental, public, or private 
        entity that has wildfire protection resources.
            ``(4) Foreign firefighter.--The term `foreign firefighter' 
        means an individual furnished by a foreign fire organization 
        under an agreement entered into under section 3.
            ``(5) Wildfire.--The term `wildfire' means any forest or 
        range fire.
            ``(6) Wildfire protection resources.--The term `wildfire 
        protection resources' means any personnel, supplies, equipment, 
        or other resources required for wildfire presuppression and 
        suppression activities.'';
            (3) in section 3 (42 U.S.C. 1856n)--
                    (A) in subsection (a)--
                          (i) by striking ``(a)(1) The Secretary of 
                      Agriculture'' and inserting the following:

    ``(a) Exchange of Wildfire Protection Resources Under a Reciprocal 
Agreement With a Foreign Fire Organization.--
            ``(1) Authority to enter into a reciprocal agreement.--The 
        Secretary of Agriculture''; and
                          (ii) in paragraph (2), by striking ``(2) Any 
                      agreement'' and inserting the following:
            ``(2) Requirements for a reciprocal agreement.--Any 
        agreement'';
                    (B) in subsection (b)--
                          (i) by striking ``(b) In the absence'' and 
                      inserting the following:

    ``(b) Exchange of Wildfire Protection Resources Without a Reciprocal 
Agreement.--In the absence''; and
                          (ii) in paragraph (1), by striking ``United 
                      States, and'' and inserting ``United States; 
                      and'';
                    (C) in subsection (c), by striking ``(c) 
                Notwithstanding'' and inserting the following:

    ``(c) Reimbursement Under Agreements With Canada.--
Notwithstanding''; and
                    (D) in subsection (d)--
                          (i) by striking, ``(d) Any service'' and 
                      inserting the following:

    ``(d) Service Performed Under This Act by Federal Employees.--
            ``(1) In general.--Any service''; and
                          (ii) in the second sentence, by striking 
                      ``The'' and inserting the following:
            ``(2) Effect.--Except as provided in section 4, the'';
            (4) by redesignating section 4 (42 U.S.C. 1856o) as section 
        5;
            (5) by inserting after section 3 the following:

[[Page 125 STAT. 1041]]

``SEC. 4. <<NOTE: 42 USC 1856n-1.>> RECIPROCAL AGREEMENTS WITH 
                    LIABILITY COVERAGE.

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

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

[[Page 125 STAT. 1042]]

                         contracting authorities

    Sec. 412.  <<NOTE: Urban and rural areas.>> 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 <<NOTE: Guidance.>> (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.  <<NOTE: Alaska.>> No timber sale in Alaska's Region 10 
shall be advertised if the indicated rate is deficit (defined as the 
value of the timber is not sufficient to cover all logging and stumpage 
costs and provide a normal profit and risk allowance under the Forest 
Service's appraisal process) when appraised using a residual value 
appraisal. The western red cedar timber from those sales which is 
surplus to the needs of the domestic processors in Alaska, shall be made 
available to domestic processors in the contiguous 48 United States at 
prevailing domestic prices. All additional western red cedar volume not 
sold to Alaska or contiguous 48 United States domestic processors may be 
exported to foreign markets at the election of the timber sale holder. 
All Alaska yellow cedar may

[[Page 125 STAT. 1043]]

be sold at prevailing export prices at the election of the timber sale 
holder.

                      extension of grazing permits

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

                     prohibition on no-bid contracts

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

                           posting of reports

    Sec. 417. <<NOTE: Web posting.>> (a) Any agency receiving funds made 
available in this Act, shall, subject to subsections (b) and (c), post 
on the public website of that agency any report required to be submitted 
by the Congress in this or any other Act, upon the determination by the 
head of the agency that it shall serve the national interest.

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

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

            national endowment for the arts grant guidelines

    Sec. 418.  Of the funds provided to the National Endowment for the 
Arts--

[[Page 125 STAT. 1044]]

            (1) The Chairperson shall only award a grant to an 
        individual if such grant is awarded to such individual for a 
        literature fellowship, National Heritage Fellowship, or American 
        Jazz Masters Fellowship.
            (2) <<NOTE: Procedures.>> 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) <<NOTE: Definitions.>> 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) <<NOTE: Reports. Deadline.>> the Chairperson shall 
        report to the Congress annually and by State, on grants awarded 
        by the Chairperson in each grant category under section 5 of 
        such Act; and

[[Page 125 STAT. 1045]]

            (4) the Chairperson shall encourage the use of grants to 
        improve and support community-based music performance and 
        education.

                     use of competitive grant funds

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

           forest service facility realignment and enhancement

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

                              service first

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

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

    Sec. 423.  <<NOTE: Termination date.>> 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.  <<NOTE: Deadline. Reports.>> 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.  <<NOTE: President.>> Not later than 120 days after the 
date on which the President's fiscal year 2013 budget request is 
submitted to Congress, the President shall submit a comprehensive report 
to the Committee on Appropriations of the House of Representatives and 
the Committee on Appropriations of the Senate describing in detail all 
Federal agency funding, domestic and international, for climate change 
programs, projects and activities in fiscal year

[[Page 125 STAT. 1046]]

2011, including an accounting of funding by agency with each agency 
identifying climate change programs, projects and activities and 
associated costs by line item as presented in the President's Budget 
Appendix, and including citations and linkages where practicable to each 
strategic plan that is driving funding within each climate change 
program, project and activity listed in the report.

                       prohibition on use of funds

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

                  greenhouse gas reporting restrictions

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

             forest service pre-decisional objection process

    Sec. 428.  <<NOTE: Regulations. Applicability. 16 USC 6515 
note.>> 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, <<NOTE: Determination. Notice.>> 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.  <<NOTE: Effective date. Termination 
date. Permits. Water.>> From the date of enactment of this Act until 
September 30, 2012, the Administrator of the Environmental Protection 
Agency shall not require a permit under section 402 of the Federal Water 
Pollution Control Act (33 U.S.C. 1342), nor shall the Administrator 
directly or indirectly require any State to require a permit, for 
discharges of stormwater runoff from roads, the construction,

[[Page 125 STAT. 1047]]

use, or maintenance of which are associated with silvicultural 
activities, or from other silvicultural activities involving nursery 
operations, site preparation, reforestation and subsequent cultural 
treatment, thinning, prescribed burning, pest and fire control, 
harvesting operations, or surface drainage.

                    claim maintenance fee amendments

    Sec. 430.  Section 10101 of the Omnibus Budget Reconciliation Act of 
1993 (30 U.S.C. 28f) is amended--
            (1) in subsection (a)--
                    (A) by striking so much as precedes the second 
                sentence and inserting the following:

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

                       domestic livestock grazing

    Sec. 431. (a) Prohibition Regarding Potential Domestic Sheep and 
Bighorn Sheep Contact on National Forest System Land.--Notwithstanding 
any other provision of law or regulation (other than the Endangered 
Species Act of 1973 and regulations issued under such Act), none of the 
funds made available by this Act or made available by any other Act for 
fiscal year 2012 only may be used to carry out--
            (1) any new management restrictions on domestic sheep on 
        parcels of National Forest System land (as defined in the Forest 
        and Rangeland Renewable Resources Planning Act of 1974 (16 
        U.S.C. 1609(a))) with potential domestic sheep and bighorn sheep 
        (whether native or nonnative) contact in excess of the 
        management restrictions that existed on July 1, 2011; or
            (2) any other agency regulation for managing bighorn sheep 
        populations on any allotment of such National Forest System land 
        if the management action will result in a reduction in the 
        number of domestic livestock permitted to graze on the allotment 
        or in the distribution of livestock on the allotment.

[[Page 125 STAT. 1048]]

    (b) Exception.--Notwithstanding subsection (a), the Secretary of 
Agriculture may make such management changes as the Secretary determines 
to be necessary to manage bighorn sheep if the management changes--
            (1) are consistent with the wildlife plans of the relevant 
        State fish and game agency and determined in consultation with 
        that agency; and
            (2) are developed in consultation with the affected 
        permittees.

    (c) Bureau of Land Management Lands.--In circumstances involving 
conflicts between bighorn sheep and domestic sheep grazing on public 
lands (as defined in section 103 of the Federal Land Policy and 
Management Act of 1976 (43 U.S.C. 1702)), the Bureau of Land Management 
may only modify or cancel domestic sheep grazing permits after 
consulting with the appropriate State fish and game agency. However, if 
the State in question has an approved State Wildlife Management Plan 
that addresses, with specificity, bighorn sheep management, then the 
Bureau of Land Management modification or cancellation of permits in 
that State shall conform to the bighorn sheep management objectives in 
the State Wildlife Management Plan, unless conformance would be 
inconsistent with Federal statute or regulation. <<NOTE: Termination 
date.>> 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) <<NOTE: 42 USC 7627 note.>> It is the purpose of this 
section to ensure that the energy policy of the United States focuses on 
the expeditious and orderly development of domestic energy resources in 
a manner that protects human health and the environment.

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

[[Page 125 STAT. 1049]]

            (1) in the first sentence, by inserting ``(other than Outer 
        Continental Shelf sources located offshore of the North Slope 
        Borough of the State of Alaska)'' after ``Outer Continental 
        Shelf sources located offshore of the States along the Pacific, 
        Arctic and Atlantic Coasts''; and
            (2) in the fourth sentence, by inserting ``and this Act'' 
        after ``regulations''.

    (c) Section 328(b) of the Clean Air Act (42 U.S.C. 7627(b)) is 
amended in the first sentence--
            (1) by striking ``Gulf Coast''; and
            (2) by inserting ``or are adjacent to the North Slope 
        Borough of the State of Alaska'' after ``Alabama''.

    (d) <<NOTE: 42 USC 7627 note.>> 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) <<NOTE: Study.>> 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) <<NOTE: Consultation.>> 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) <<NOTE: Reports. Deadline.>> 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.  <<NOTE: Corporations. Criminal violations.>> 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.  <<NOTE: Corporations.>> None of the funds made available 
by this Act may be used to enter into a contract, memorandum of 
understanding, or cooperative agreement with, make a grant to, or 
provide a loan or loan guarantee to, any corporation with respect to 
which any unpaid Federal tax liability that has been assessed, for which 
all judicial and administrative remedies have been exhausted or have 
lapsed, and that is not being paid in a timely manner pursuant

[[Page 125 STAT. 1050]]

to an agreement with the authority responsible for collecting the tax 
liability, where the awarding agency is aware of the unpaid tax 
liability, unless the agency has considered suspension or debarment of 
the corporation and made a determination that this further action is not 
necessary to protect the interests of the Government.


                 alaska native regional health entities


    Sec. 435.  <<NOTE: Termination date.>> (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) <<NOTE: Applicability.>> Indian Land and Water Claim 
Settlements.--Under the heading ``Bureau of Indian Affairs, Indian Land 
and Water Claim Settlements and Miscellaneous Payments to Indians'', the 
across-the-board rescission in this section, and any subsequent across-
the-board rescission for fiscal year 2012, shall apply only to the first 
dollar amount in the paragraph and the distribution of the rescission 
shall be at the discretion of the Secretary of the Interior who shall 
submit a report on such distribution and the rationale therefore to the 
House and Senate Committees on Appropriations.

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

[[Page 125 STAT. 1051]]

 DIVISION F--DEPARTMENTS <<NOTE: Departments of Labor, Health and Human 
   Services, and Education, and Related Agencies Appropriations Act, 
 2012. Department of Labor Appropriations Act, 2012.>> OF LABOR, HEALTH 
AND HUMAN SERVICES, EDUCATION, AND RELATED AGENCIES APPROPRIATIONS ACT, 
2012

                                 TITLE I

                           DEPARTMENT OF LABOR

                 Employment and Training Administration

                    training and employment services

                      (including transfer of funds)

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

[[Page 125 STAT. 1052]]

                October 1, 2012 through June 30, 2013:  Provided, That 
                funds provided to carry out section 132(a)(2)(A) of the 
                WIA may be used to provide assistance to a State for 
                statewide or local use in order to address cases where 
                there have been worker dislocations across multiple 
                sectors or across multiple local areas and such workers 
                remain dislocated; coordinate the State workforce 
                development plan with emerging economic development 
                needs; and train such eligible dislocated workers:  
                Provided further, That funds provided to carry out 
                section 171(d) of the WIA may be used for demonstration 
                projects that provide assistance to new entrants in the 
                workforce and incumbent workers:  Provided further, That 
                none of the funds shall be obligated to carry out 
                section 173(e) of the WIA;
                    (B) $47,652,000 for Native American programs, which 
                shall be available for the period July 1, 2012 through 
                June 30, 2013;
                    (C) $84,451,000 for migrant and seasonal farmworker 
                programs under section 167 of the WIA, including 
                $78,253,000 for formula grants (of which not less than 
                70 percent shall be for employment and training 
                services), $5,689,000 for migrant and seasonal housing 
                (of which not less than 70 percent shall be for 
                permanent housing), and $509,000 for other discretionary 
                purposes, which shall be available for the period July 
                1, 2012 through June 30, 2013:  Provided, That 
                notwithstanding any other provision of law or related 
                regulation, the Department of Labor shall take no action 
                limiting the number or proportion of eligible 
                participants receiving related assistance services or 
                discouraging grantees from providing such services;
                    (D) $998,000 for carrying out the WANTO, which shall 
                be available for the period July 1, 2012 through June 
                30, 2013; and
                    (E) $79,840,000 for YouthBuild activities as 
                described in section 173A of the WIA, which shall be 
                available for the period April 1, 2012 through June 30, 
                2013; and
                    (F) $50,000,000 to be available to the Secretary of 
                Labor (referred to in this title as ``Secretary'') for 
                the Workforce Innovation Fund to carry out projects that 
                demonstrate innovative strategies or replicate effective 
                evidence-based strategies that align and strengthen the 
                workforce investment system in order to improve program 
                delivery and education and employment outcomes for 
                beneficiaries, which shall be for the period July 1, 
                2012 through September 30, 2013:  Provided, That amounts 
                shall be available for awards to States or State 
                agencies that are eligible for assistance under any 
                program authorized under the WIA, consortia of States, 
                or partnerships, including regional partnerships:  
                Provided further, That not more than 5 percent of the 
                funds available for workforce innovation activities 
                shall be for technical assistance and evaluations 
                related to the projects carried out with these funds;
            (3) for national activities, $103,062,000, as follows:
                    (A) $6,616,000, in addition to any amounts available 
                under paragraph (2), for Pilots, Demonstrations, and 
                Research, which shall be available for the period April 
                1, 2012 through June 30, 2013:  Provided, That funds 
                made

[[Page 125 STAT. 1053]]

                available by Public Law 112-10 that were designated for 
                grants to address the employment and training needs of 
                young parents may be used for other pilots, 
                demonstrations, and research activities and for 
                implementation activities related to the VOW to Hire 
                Heroes Act of 2011 and may be transferred to ``State 
                Unemployment Insurance and Employment Service 
                Operations'' to carry out such implementation 
                activities;
                    (B) $80,390,000 for ex-offender activities, under 
                the authority of section 171 of the WIA and section 212 
                of the Second Chance Act of 2007, which shall be 
                available for the period April 1, 2012 through June 30, 
                2013, notwithstanding the requirements of section 
                171(b)(2)(B) or 171(c)(4)(D) of the WIA:  
                Provided, <<NOTE: Grants.>> That of this amount, 
                $20,000,000 shall be for competitive grants to national 
                and regional intermediaries for activities that prepare 
                young ex-offenders and school dropouts for employment, 
                with a priority for projects serving high-crime, high-
                poverty areas;
                    (C) $9,581,000 for Evaluation, which shall be 
                available for the period July 1, 2012 through June 30, 
                2013; and
                    (D) $6,475,000 for the Workforce Data Quality 
                Initiative, under the authority of section 171(c)(2) of 
                the WIA, which shall be available for the period July 1, 
                2012 through June 30, 2013, and which shall not be 
                subject to the requirements of section 171(c)(4)(D).

                          office of jobs corps

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

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

            community service employment for older americans

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

[[Page 125 STAT. 1054]]

recaptured and reobligated in accordance with section 517(c) of the OAA.

              federal unemployment benefits and allowances

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

     state unemployment insurance and employment service operations

    For authorized administrative expenses, $86,231,000, together with 
not to exceed $3,958,441,000 which may be expended from the Employment 
Security Administration Account in the Unemployment Trust Fund (``the 
Trust Fund''), of which:
            (1) $3,181,154,000 from the Trust Fund is for grants to 
        States for the administration of State unemployment insurance 
        laws as authorized under title III of the Social Security Act 
        (including not less than $10,000,000 to conduct in-person 
        reemployment and eligibility assessments and unemployment 
        insurance improper payment reviews), the administration of 
        unemployment insurance for Federal employees and for ex-service 
        members as authorized under 5 U.S.C. 8501-8523, and the 
        administration of trade readjustment allowances, reemployment 
        trade adjustment assistance, and alternative trade adjustment 
        assistance under the Trade Act of 1974 and under section 231(a) 
        of the Trade Adjustment Assistance Extension Act of 2011, and 
        shall be available for obligation by the States through December 
        31, 2012, except that funds used for automation acquisitions or 
        competitive grants awarded to States for improved operations, or 
        reemployment and eligibility assessments and improper payments 
        shall be available for obligation by the States through 
        September 30, 2014, and funds used for unemployment insurance 
        workloads experienced by the States through September 30, 2012 
        shall be available for Federal obligation through December 31, 
        2012;
            (2) $11,287,000 from the Trust Fund is for national 
        activities necessary to support the administration of the 
        Federal-State unemployment insurance system;
            (3) $679,531,000 from the Trust Fund, together with 
        $22,638,000 from the General Fund of the Treasury, is for grants 
        to States in accordance with section 6 of the Wagner-Peyser Act, 
        and shall be available for Federal obligation for the period 
        July 1, 2012 through June 30, 2013;
            (4) $20,952,000 from the Trust Fund is for national 
        activities of the Employment Service, including administration 
        of the work opportunity tax credit under section 51 of the 
        Internal

[[Page 125 STAT. 1055]]

        Revenue Code of 1986, and the provision of technical assistance 
        and staff training under the Wagner-Peyser Act, including not to 
        exceed $1,228,000 that may be used for amortization payments to 
        States which had independent retirement plans in their State 
        employment service agencies prior to 1980;
            (5) $65,517,000 from the Trust Fund is for the 
        administration of foreign labor certifications and related 
        activities under the Immigration and Nationality Act and related 
        laws, of which $50,418,000 shall be available for the Federal 
        administration of such activities, and $15,099,000 shall be 
        available for grants to States for the administration of such 
        activities; and
            (6) $63,593,000 from the General Fund is to provide 
        workforce information, national electronic tools, and one-stop 
        system building under the Wagner-Peyser Act and section 171 
        (e)(2)(C) of the WIA and shall be available for Federal 
        obligation for the period July 1, 2012 through June 30, 2013:

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

[[Page 125 STAT. 1056]]

         advances to the unemployment trust fund and other funds

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

                         program administration

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

                Employee Benefits Security Administration

                          salaries and expenses

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

                  Pension Benefit Guaranty Corporation

                pension benefit guaranty corporation fund

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

[[Page 125 STAT. 1057]]

of the Committees on Appropriations of the House of Representatives and 
the Senate.

                         Wage and Hour Division

                          salaries and expenses

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

                  Office of Labor Management Standards

                          salaries and expenses

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

             Office of Federal Contract Compliance Programs

                          salaries and expenses

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

                Office of Workers' Compensation Programs

                          salaries and expenses

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

                            special benefits

                      (including transfer of funds)

    For the payment of compensation, benefits, and expenses (except 
administrative expenses) accruing during the current or any prior fiscal 
year authorized by 5 U.S.C. 81; continuation of benefits as provided for 
under the heading ``Civilian War Benefits'' in the Federal Security 
Agency Appropriation Act, 1947; the Employees' Compensation Commission 
Appropriation Act, 1944; sections 4(c) and 5(f) of the War Claims Act of 
1948; and 50 percent of the additional compensation and benefits 
required by section 10(h) of the Longshore and Harbor Workers' 
Compensation Act, $350,000,000, together with such amounts as may be 
necessary to be charged to the subsequent year appropriation for the 
payment of compensation and other benefits for any period subsequent to 
August 15 of the current year:  Provided, That amounts appropriated may 
be used under 5 U.S.C. 8104 by the Secretary to reimburse an employer, 
who is not the employer at the time of injury, for portions of the 
salary of a re-employed, disabled beneficiary:  Provided further, That 
balances of reimbursements unobligated on September 30, 2011, shall 
remain available until expended for the payment of compensation, 
benefits, and expenses:  Provided

[[Page 125 STAT. 1058]]

further, <<NOTE: Determination.>> 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 <<NOTE: 26 USC 95001 note.>> sums as may be necessary from the 
Black Lung Disability Trust Fund (``Fund''), to remain available until 
expended, for payment of all benefits authorized by section 9501(d)(1), 
(2), (6), and (7) of the Internal Revenue Code of 1986; and repayment 
of, and payment of interest on advances, as authorized by section 
9501(d)(4) of that Act. In addition, the following amounts may be 
expended

[[Page 125 STAT. 1059]]

from the Fund for fiscal year 2012 for expenses of operation and 
administration of the Black Lung Benefits program, as authorized by 
section 9501(d)(5): not to exceed $32,906,000 for transfer to the Office 
of Workers' Compensation Programs, ``Salaries and Expenses''; not to 
exceed $25,217,000 for transfer to Departmental Management, ``Salaries 
and Expenses''; not to exceed $327,000 for transfer to Departmental 
Management, ``Office of Inspector General''; and not to exceed $356,000 
for payments into miscellaneous receipts for the expenses of the 
Department of the Treasury.

              Occupational Safety and Health Administration

                          salaries and expenses

    For necessary expenses for the Occupational Safety and Health 
Administration, $565,857,000, including not to exceed $104,393,000 which 
shall be the maximum amount available for grants to States under section 
23(g) of the Occupational Safety and Health Act (``Act''), which grants 
shall be no less than 50 percent of the costs of State occupational 
safety and health programs required to be incurred under plans approved 
by the Secretary under section 18 of the Act; and, in addition, 
notwithstanding 31 U.S.C. 3302, the Occupational Safety and Health 
Administration may retain up to $200,000 per fiscal year of training 
institute course tuition fees, otherwise authorized by law to be 
collected, and may utilize such sums for occupational safety and health 
training and education:  Provided, <<NOTE: Fees.>> 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, <<NOTE: Farms and farming.>> 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, <<NOTE: Small businesses.>> That no funds appropriated under 
this paragraph shall be obligated or expended to administer or enforce 
any standard, rule, regulation, or order under the Act with respect to 
any employer of 10 or fewer employees who is included within a category 
having a Days Away, Restricted, or Transferred (DART) occupational 
injury and illness rate, at the most precise industrial classification 
code for which such data are published, less than the national average 
rate as such rates are most recently published by the Secretary, acting 
through the Bureau of Labor Statistics, in accordance with section 24 of 
the Act, except--
            (1) to provide, as authorized by the Act, consultation, 
        technical assistance, educational and training services, and to 
        conduct surveys and studies;
            (2) to conduct an inspection or investigation in response to 
        an employee complaint, to issue a citation for violations found 
        during such inspection, and to assess a penalty for violations 
        which are not corrected within a reasonable abatement period and 
        for any willful violations found;

[[Page 125 STAT. 1060]]

            (3) to take any action authorized by the Act with respect to 
        imminent dangers;
            (4) to take any action authorized by the Act with respect to 
        health hazards;
            (5) to take any action authorized by the Act with respect to 
        a report of an employment accident which is fatal to one or more 
        employees or which results in hospitalization of two or more 
        employees, and to take any action pursuant to such investigation 
        authorized by the Act; and
            (6) to take any action authorized by the Act with respect to 
        complaints of discrimination against employees for exercising 
        rights under the Act:

  Provided further, <<NOTE: Farms and farming.>> 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; <<NOTE: 30 USC 962.>> the Secretary is 
authorized to accept lands, buildings, equipment, and other 
contributions from public and private sources and to prosecute projects 
in cooperation with other agencies, Federal, State, or private; the Mine 
Safety and Health Administration is authorized to promote health and 
safety education and training in the mining community through 
cooperative programs with States, industry, and safety associations; the 
Secretary is authorized to recognize the Joseph A. Holmes Safety 
Association as a principal safety association and, notwithstanding any 
other provision of law, may provide funds and, with or without 
reimbursement, personnel, including service of Mine Safety and Health 
Administration officials as officers in local chapters or in the 
national organization; and any funds available to the Department of 
Labor may be used, with the approval of the Secretary, to provide for 
the costs of mine rescue and survival operations in the event of a major 
disaster.

[[Page 125 STAT. 1061]]

                       Bureau of Labor Statistics

                          salaries and expenses

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

                 Office of Disability Employment Policy

                          salaries and expenses

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

                         Departmental Management

                          salaries and expenses

                      (including transfer of funds)

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

                    veterans employment and training

    Not to exceed $212,060,000 may be derived from the Employment 
Security Administration Account in the Unemployment Trust

[[Page 125 STAT. 1062]]

Fund to carry out the provisions of 38 U.S.C. 4100-4113, 4211-4215, and 
4321-4327, and Public Law 103-353, and which shall be available for 
obligation by the States through December 31, 2012, of which $2,444,000 
is for the National Veterans' Employment and Training Services 
Institute.
    In addition, to carry out Department of Labor programs under section 
5(a)(1) of the Homeless Veterans Comprehensive Assistance Act of 2001 
and the Veterans Workforce Investment Programs under section 168 of the 
WIA, $52,879,000, of which $14,622,000 shall be available for obligation 
for the period July 1, 2012 through June 30, 2013.

                             it modernization

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

                       office of inspector general

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

                           General Provisions

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

                           (transfer of funds)

    Sec. 102.  Not to exceed 1 percent of any discretionary funds 
(pursuant to the Balanced Budget and Emergency Deficit Control Act of 
1985) which are appropriated for the current fiscal year for the 
Department of Labor in this Act may be transferred between a program, 
project, or activity, but no such program, project, or activity shall be 
increased by more than 3 percent by any such transfer:  Provided, That 
the transfer authority granted by this section shall be available only 
to meet emergency needs and shall not be used to create any new program 
or to fund any project or activity for which no funds are provided in 
this Act:  Provided further, <<NOTE: Notification. Deadline.>> 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.  <<NOTE: Child labor.>> In accordance with Executive Order 
No. 13126, none of the funds appropriated or otherwise made available 
pursuant to this Act shall be obligated or expended for the procurement 
of goods mined, produced, manufactured, or harvested or services 
rendered, in whole or in part, by forced or indentured child labor in 
industries and host countries already identified by the United States 
Department of Labor prior to enactment of this Act.

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

[[Page 125 STAT. 1063]]

for any purpose other than competitive grants for training in the 
occupations and industries for which employers are using H-1B visas to 
hire foreign workers, and the related activities necessary to support 
such training.
    Sec. 105.  None of the funds made available by this Act under the 
heading ``Employment and Training Administration'' shall be used by a 
recipient or subrecipient of such funds to pay the salary and bonuses of 
an individual, either as direct costs or indirect costs, at a rate in 
excess of Executive Level II. This limitation shall not apply to vendors 
providing goods and services as defined in Office of Management and 
Budget Circular A-133. Where States are recipients of such funds, States 
may establish a lower limit for salaries and bonuses of those receiving 
salaries and bonuses from subrecipients of such funds, taking into 
account factors including the relative cost-of-living in the State, the 
compensation levels for comparable State or local government employees, 
and the size of the organizations that administer Federal programs 
involved including Employment and Training Administration programs. 
Notwithstanding this section, the limitation on salaries for the Job 
Corps shall continue to be governed by section 101.
    Sec. 106.  The Secretary shall take no action to amend, through 
regulatory or administration action, the definition established in 
section 667.220 of title 20 of the Code of Federal Regulations for 
functions and activities under title I of WIA, or to modify, through 
regulatory or administrative action, the procedure for redesignation of 
local areas as specified in subtitle B of title I of that Act (including 
applying the standards specified in section 116(a)(3)(B) of that Act, 
but notwithstanding the time limits specified in section 116(a)(3)(B) of 
that Act), until such time as legislation reauthorizing the Act is 
enacted. Nothing in the preceding sentence shall permit or require the 
Secretary to withdraw approval for such redesignation from a State that 
received the approval not later than October 12, 2005, or to revise 
action taken or modify the redesignation procedure being used by the 
Secretary in order to complete such redesignation for a State that 
initiated the process of such redesignation by submitting any request 
for such redesignation not later than October 26, 2005.

                      (including transfer of funds)

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

                      (including transfer of funds)

    Sec. 108. (a) The Secretary may reserve not more than 0.5 percent 
from each appropriation made available in this Act identified in 
subsection (b) in order to carry out evaluations of any of the programs 
or activities that are funded under such accounts. Any funds reserved 
under this section shall be transferred to ``Departmental Management'' 
for use by the Office of the Chief Evaluation Officer within the 
Department of Labor, and shall be available for obligation through 
September 30, <<NOTE: Plan. Deadline.>> 2013:  Provided, That such funds 
shall only be available if the Chief Evaluation Officer

[[Page 125 STAT. 1064]]

of the Department of Labor submits a plan to the Committees on 
Appropriations of the House of Representatives and the Senate describing 
the evaluations to be carried out 15 days in advance of any transfer.

    (b) The accounts referred to in subsection (a) are: ``Office of Job 
Corps'', ``State Unemployment Insurance and Employment Service 
Operations'', ``Employee Benefits Security Administration'', ``Office of 
Workers' Compensation Programs'', ``Wage and Hour Division'', ``Office 
of Federal Contract Compliance Programs'', ``Office of Labor Management 
Standards'', ``Occupational Safety and Health Administration'', ``Mine 
Safety and Health Administration'', and ``Veterans Employment and 
Training''.
    Sec. 109.  None of the funds made available by this Act may be used 
to promulgate the Definition of ``Fiduciary'' regulation (Regulatory 
Identification Number 1210-AB32) published by the Employee Benefits 
Security Administration of the Department of Labor on October 22, 2010 
(75 Fed. Reg. 65263).
    Sec. 110.  None of the amounts made available under this Act may be 
used to implement the rule entitled ``Wage Methodology for the Temporary 
Non-Agricultural Employment H-2B Program'' (76 Fed. Reg. 3452 (January 
19, 2011)).
    Sec. 111.  None of the funds made available by this Act may be used 
to continue the development of or to promulgate, administer, enforce, or 
otherwise implement the Occupational Injury and Illness Recording and 
Reporting Requirements--Musculoskeletal Disorders (MSD) Column 
regulation (Regulatory Identification Number 1218-AC45) being developed 
by the Occupational Safety and Health Administration of the Department 
of Labor.
    Sec. 112.  None of the funds made available by this Act may be used 
to implement or enforce the proposed rule entitled ``Lowering Miners' 
Exposure to Coal Mine Dust, Including Continuous Personal Dust 
Monitors'' regulation published by the Mine Safety and Health 
Administration (MSHA) of the Department of Labor on October 19, 2010 (75 
Fed. Reg. 64412, RIN 1219-AB64) until--
            (1) the Government Accountability Office--
                    (A) <<NOTE: Reports.>> 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) <<NOTE: Deadline.>> not later than 240 days 
                after enactment of this Act, submits the report 
                described in subparagraph (A) to the Committees on 
                Appropriations of the House of Representatives and the 
                Senate; or
            (2) the deadline described in paragraph (1)(B) for 
        submission of the report has passed.

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

[[Page 125 STAT. 1065]]

TITLE <<NOTE: Department of Health and Human Services Appropriation Act, 
2012.>> 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, <<NOTE: Waiver authority.>> 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, <<NOTE: Fees.>> That in addition to fees authorized by section 
427(b) of the Health Care Quality Improvement Act of 1986, fees shall be 
collected for the full disclosure of information under such Act 
sufficient to recover the full costs of operating the National 
Practitioner Data Bank and shall remain available until expended to 
carry out that Act:  Provided further, That fees collected for the full 
disclosure of information under the ``Health Care Fraud and Abuse Data 
Collection Program'', authorized by section 1128E(d)(2) of the Social 
Security Act, shall be sufficient to recover the full costs of operating 
the program, and shall remain available until expended to carry out that 
Act:  Provided further, That funds transferred to this account to carry 
out section 846 and subpart 3 of part D of title III of the PHS Act may 
be used to make prior year adjustments to awards made under such 
sections.

                        maternal and child health

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

[[Page 125 STAT. 1066]]

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

                       ryan white hiv/aids program

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

                           health care systems

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

                              rural health

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

                             family planning

    For carrying out the program under title X of the PHS Act to provide 
for voluntary family planning projects, $297,400,000:  
Provided, <<NOTE: Abortion.>> That amounts provided to said projects 
under such title shall not be expended for abortions, that all pregnancy 
counseling

[[Page 125 STAT. 1067]]

shall be nondirective, and that such amounts shall not be expended for 
any activity (including the publication or distribution of literature) 
that in any way tends to promote public support or opposition to any 
legislative proposal or candidate for public office.

                           program management

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

            health education assistance loans program account

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

             vaccine injury compensation program trust fund

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

               Centers for Disease Control and Prevention

                  immunization and respiratory diseases

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

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

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

                emerging and zoonotic infectious diseases

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

[[Page 125 STAT. 1068]]

             chronic disease prevention and health promotion

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

   birth defects, developmental disabilities, disabilities and health

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

                    public health scientific services

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

                          environmental health

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

                      injury prevention and control

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

          national institute for occupational safety and health

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

           employees occupational illness compensation program

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

[[Page 125 STAT. 1069]]

provision regarding administrative expenses in section 151(b) of 
division B, title I of Public Law 106-554.

                              global health

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

                 public health preparedness and response

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

                 cdc-wide activities and program support

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

[[Page 125 STAT. 1070]]

such sums as may be derived from authorized user fees, which shall be 
credited to the appropriation charged with the cost thereof:  Provided 
further, That with respect to the previous proviso, authorized user fees 
from the Vessel Sanitation Program shall be available through September 
30, 2013:  Provided further, That of the funds made available under this 
heading, up to $1,000 per eligible employee of CDC shall be made 
available until expended for Individual Learning Accounts:  Provided 
further, That CDC may establish a Working Capital Fund, with the 
authorities equivalent to those provided in 42 U.S.C. 231, to improve 
the provision of supplies and service.

                      National Institutes of Health

                        national cancer institute

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

                national heart, lung, and blood institute

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

         national institute of dental and craniofacial research

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

    national institute of diabetes and digestive and kidney diseases

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

         national institute of neurological disorders and stroke

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

          national institute of allergy and infectious diseases

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

             national institute of general medical sciences

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

[[Page 125 STAT. 1071]]

  eunice kennedy shriver national institute of child health and human 
                               development

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

                         national eye institute

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

           national institute of environmental health sciences

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

                       national institute on aging

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

  national institute of arthritis and musculoskeletal and skin diseases

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

    national institute on deafness and other communication disorders

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

                 national institute of nursing research

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

           national institute on alcohol abuse and alcoholism

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

                    national institute on drug abuse

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

                   national institute of mental health

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

                national human genome research institute

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

[[Page 125 STAT. 1072]]

       national institute of biomedical imaging and bioengineering

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

       national center for complementary and alternative medicine

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

      national institute on minority health and health disparities

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

                  john e. fogarty international center

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

                      national library of medicine

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

          national center for advancing translational sciences

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

[[Page 125 STAT. 1073]]

                         office of the director

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

                        buildings and facilities

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

        Substance Abuse and Mental Health Services Administration

                              mental health

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

                        substance abuse treatment

    For carrying out titles III, V, and XIX of the PHS Act with respect 
to substance abuse treatment and section 1922(a) of the

[[Page 125 STAT. 1074]]

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

                        substance abuse prevention

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

                 health surveillance and program support

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

               Agency for Healthcare Research and Quality

                     healthcare research and quality

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

               Centers for Medicare and Medicaid Services

                      grants to states for medicaid

    For carrying out, except as otherwise provided, titles XI and XIX of 
the Social Security Act, $184,279,110,000, to remain available until 
expended.

[[Page 125 STAT. 1075]]

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

                   payments to health care trust funds

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

                           program management

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

[[Page 125 STAT. 1076]]

               health care fraud and abuse control account

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

                Administration for Children and Families

  payments to states for child support enforcement and family support 
                                programs

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

                    low income home energy assistance

    For making payments under subsections (b) and (d) of section 2602 of 
the Low Income Home Energy Assistance Act of 1981, $3,478,246,000:  
Provided, That all but $497,000,000 of such funds

[[Page 125 STAT. 1077]]

shall be allocated as though the total appropriation for such payments 
for fiscal year 2012 was less than $1,975,000,000:  Provided further, 
That notwithstanding section 2609A(a), of the amounts appropriated under 
section 2602(b), not more than $3,000,000 of such amounts may be 
reserved by the Secretary for technical assistance, training, and 
monitoring of program activities for compliance with internal controls, 
policies and procedures.

                     refugee and entrant assistance

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

    payments to states for the child care and development block grant

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

                       social services block grant

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

[[Page 125 STAT. 1078]]

                 children and families services programs

    For carrying out, except as otherwise provided, the Runaway and 
Homeless Youth Act, the Developmental Disabilities Assistance and Bill 
of Rights Act, the Head Start Act, the Child Abuse Prevention and 
Treatment Act, sections 303 and 313 of the Family Violence Prevention 
and Services Act, the Native American Programs Act of 1974, title II of 
the Child Abuse Prevention and Treatment and Adoption Reform Act of 1978 
(adoption opportunities), the Abandoned Infants Assistance Act of 1988, 
section 291 of the Help America Vote Act of 2002, part B-1 of title IV 
and sections 413, 1110, and 1115 of the Social Security Act; for making 
payments under the Community Services Block Grant Act (``CSBG Act''), 
sections 439(i), 473B, and 477(i) of the Social Security Act, and the 
Assets for Independence Act; and for necessary administrative expenses 
to carry out such Acts and titles I, IV, V, X, XI, XIV, XVI, and XX of 
the Social Security Act, the Act of July 5, 1960, the Low Income Home 
Energy Assistance Act of 1981, title IV of the Immigration and 
Nationality Act, and section 501 of the Refugee Education Assistance Act 
of 1980, $9,926,709,000, of which $39,421,000, to remain available 
through September 30, 2013, shall be for grants to States for adoption 
incentive payments, as authorized by section 473A of the Social Security 
Act and may be made for adoptions completed before September 30, 2012:  
Provided, That $7,983,633,000 shall be for making payments under the 
Head Start Act:  Provided further, That for purposes of allocating funds 
described by the immediately preceding proviso, the term ``base grant'' 
as used in subsection (a)(7)(A) of section 640 of such Act with respect 
to funding provided to a Head Start agency (including each Early Head 
Start agency) for fiscal year 2011 shall be calculated as described in 
such subsection and to which amount shall be added 50 percent of the 
amount of funds appropriated under the heading ``Department of Health 
and Human Services, Administration for Children and Families, Children 
and Family Services Programs'' in Public Law 111-5 and provided to such 
agency for carrying out expansion of Head Start programs, as that phrase 
is used in subsection (a)(4)(D) of such section 640, and provided to 
such agency as the ongoing funding level for operations in the 12-month 
period beginning in fiscal year 2010:  Provided further, That 
$713,630,000 shall be for making payments under the CSBG Act:  Provided 
further, That $35,340,000 shall be for sections 680 and 678E(b)(2) of 
the CSBG Act, of which not less than $30,000,000 shall be for section 
680(a)(2) and not less than $4,990,000 shall be for section 680(a)(3)(B) 
of such Act:  Provided further, That in addition to amounts provided 
herein, $5,762,000 shall be available from amounts available under 
section 241 of the PHS Act to carry out the provisions of section 1110 
of the Social Security Act:  Provided further, That to the extent 
Community Services Block Grant funds are distributed as grant funds by a 
State to an eligible entity as provided under the CSBG Act, and have not 
been expended by such entity, they shall remain with such entity for 
carryover into the next fiscal year for expenditure by such entity 
consistent with program purposes:  Provided 
further, <<NOTE: Procedures. Time period. 42 USC 9921 note.>> That the 
Secretary shall establish procedures regarding the disposition of 
intangible assets and program income that permit such assets acquired 
with, and program income derived from, grant funds authorized under 
section 680 of the CSBG Act to become the sole property of such grantees

[[Page 125 STAT. 1079]]

after a period of not more than 12 years after the end of the grant 
period for any activity consistent with section 680(a)(2)(A) of the CSBG 
Act:  Provided further, That intangible assets in the form of loans, 
equity investments and other debt instruments, and program income may be 
used by grantees for any eligible purpose consistent with section 
680(a)(2)(A) of the CSBG <<NOTE: Applicability.>> Act:  Provided 
further, That these procedures shall apply to such grant funds made 
available after November 29, 1999:  Provided further, That funds 
appropriated for section 680(a)(2) of the CSBG Act shall be available 
for financing construction and rehabilitation and loans or investments 
in private business enterprises owned by community development 
corporations:  Provided further, That $5,245,000 shall be for activities 
authorized by section 291 of the Help America Vote Act of 2002:  
Provided further, That $1,996,000 shall be for a human services case 
management system for federally declared disasters, to include a 
comprehensive national case management contract and Federal costs of 
administering the system:  Provided further, That up to $2,000,000 shall 
be for improving the Public Assistance Reporting Information System, 
including grants to States to support data collection for a study of the 
system's effectiveness.

                   promoting safe and stable families

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

                 payments for foster care and permanency

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

                         Administration on Aging

                         aging services programs

                      (including transfer of funds)

    For carrying out, to the extent not otherwise provided, the Older 
Americans Act of 1965 (``OAA''), section 398 and title XXIX of the PHS 
Act, section 119 of the Medicare Improvements for Patients and Providers 
Act of 2008, $1,473,703,000:  Provided, That amounts appropriated under 
this heading may be used for grants to States under section 361 of the 
OAA only for disease prevention and health promotion programs and 
activities which have been demonstrated through rigorous evaluation to 
be evidence-based and effective:  Provided further, That none of the 
funds provided shall be used to carry out sections 1701 and 1703 of the 
PHS Act (with respect to chronic disease self-management activity 
grants),

[[Page 125 STAT. 1080]]

except that such funds may be used for necessary expenses associated 
with administering any such grants awarded prior to the date of the 
enactment of this Act:  Provided further, That the total amount 
available for fiscal year 2012 under this and any other Act to carry out 
activities related to Aging and Disability Resource Centers under 
subsections (a)(20)(B)(iii) and (b)(8) of section 202 of the OAA shall 
not exceed the amount obligated for such purposes for fiscal year 2010 
from funds available under Public Law 111-117:  Provided further, That 
notwithstanding any other provision of this Act, funds made available 
under this heading to carry out section 311 of the OAA may be 
transferred to the Secretary of Agriculture in accordance with such 
section.

                         Office of the Secretary

                     general departmental management

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

[[Page 125 STAT. 1081]]

the adolescent shall not be precluded from seeking health information or 
services from the entity in a different setting than the setting in 
which abstinence education was <<NOTE: Embryo adoption.>> provided:  
Provided further, That funds provided in this Act for embryo adoption 
activities may be used to provide to individuals adopting embryos, 
through grants and other mechanisms, medical and administrative services 
deemed necessary for such adoptions:  Provided further, That such 
services shall be provided consistent with 42 CFR 59.5(a)(4).

                 office of medicare hearings and appeals

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

  office of the national coordinator for health information technology

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

                       office of inspector general

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

                         office for civil rights

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

      retirement pay and medical benefits for commissioned officers

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

[[Page 125 STAT. 1082]]

            public health and social services emergency fund

                      (including transfer of funds)

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

                           General Provisions

    Sec. 201.  Funds appropriated in this title shall be available for 
not to exceed $50,000 for official reception and representation expenses 
when specifically approved by the Secretary.
    Sec. 202.  <<NOTE: Government employees. Children and 
youth. AIDS.>> 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.  <<NOTE: Reports.>> 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.  <<NOTE: Determination.>> Notwithstanding section 241(a) 
of the PHS Act, such portion as the Secretary shall determine, but not 
more than 2.5 percent, of any amounts appropriated for programs 
authorized under such Act shall be made available for the evaluation 
(directly, or by grants or contracts) of the implementation and 
effectiveness of such programs.

                           (transfer of funds)

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

[[Page 125 STAT. 1083]]

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

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

[[Page 125 STAT. 1084]]

        is exercised in a manner consistent with section 207 of the 
        Foreign Service Act of 1980 and other applicable statutes 
        administered by the Department of State.
            (2) The Secretary is authorized to provide such funds by 
        advance or reimbursement to the Secretary of State as may be 
        necessary to pay the costs of acquisition, lease, alteration, 
        renovation, and management of facilities outside of the United 
        States for the use of HHS. The Department of State shall 
        cooperate fully with the Secretary to ensure that HHS has 
        secure, safe, functional facilities that comply with applicable 
        regulation governing location, setback, and other facilities 
        requirements and serve the purposes established by this Act. The 
        Secretary is authorized, in consultation with the Secretary of 
        State, through grant or cooperative agreement, to make available 
        to public or nonprofit private institutions or agencies in 
        participating foreign countries, funds to acquire, lease, alter, 
        or renovate facilities in those countries as necessary to 
        conduct programs of assistance for international health 
        activities, including activities relating to HIV/AIDS and other 
        infectious diseases, chronic and environmental diseases, and 
        other health activities abroad.
            (3) The Secretary is authorized to provide to personnel 
        appointed or assigned by the Secretary to serve abroad, 
        allowances and benefits similar to those provided under chapter 
        9 of title I of the Foreign Service Act of 1980, and 22 U.S.C. 
        4081 through 4086 and subject to such regulations prescribed by 
        the Secretary. The Secretary is further authorized to provide 
        locality-based comparability payments (stated as a percentage) 
        up to the amount of the locality-based comparability payment 
        (stated as a percentage) that would be payable to such personnel 
        under section 5304 of title 5, United States Code if such 
        personnel's official duty station were in the District of 
        Columbia. Leaves of absence for personnel under this subsection 
        shall be on the same basis as that provided under subchapter I 
        of chapter 63 of title 5, United States Code, or section 903 of 
        the Foreign Service Act of 1980, to individuals serving in the 
        Foreign Service.

    Sec. 213. (a) Authority.--Notwithstanding any other provision of 
law, the Director of NIH (``Director'') may use funds available under 
section 402(b)(7) or 402(b)(12) of the PHS Act to enter into 
transactions (other than contracts, cooperative agreements, or grants) 
to carry out research identified pursuant to such section 402(b)(7) 
(pertaining to the Common Fund) or research and activities described in 
such section 402(b)(12).
    (b) Peer Review.--In entering into transactions under subsection 
(a), the Director may utilize such peer review procedures (including 
consultation with appropriate scientific experts) as the Director 
determines to be appropriate to obtain assessments of scientific and 
technical merit. <<NOTE: Applicability.>> Such procedures shall apply to 
such transactions in lieu of the peer review and advisory council review 
procedures that would otherwise be required under sections 301(a)(3), 
405(b)(1)(B), 405(b)(2), 406(a)(3)(A), 492, and 494 of the PHS Act.

    Sec. 214.  Funds which are available for Individual Learning 
Accounts for employees of CDC and the Agency for Toxic Substances and 
Disease Registry (``ATSDR'') may be transferred to appropriate accounts 
of CDC, to be available only for Individual Learning

[[Page 125 STAT. 1085]]

Accounts:  Provided, That such funds may be used for any individual 
full-time equivalent employee while such employee is employed either by 
CDC or ATSDR.
    Sec. 215.  <<NOTE: 42 USC 2940 note.>> 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.  <<NOTE: Gun control.>> 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.  <<NOTE: Federal Register, publication.>> 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) <<NOTE: Web site. Public information. 42 USC 300u-11 
note.>> 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) <<NOTE: Deadline.>> Identification of each grant, 
        cooperative agreement, or contract with a value of $25,000 or 
        more awarded using such funds, including the purpose of the 
        award and the identity

[[Page 125 STAT. 1086]]

        of the recipient, to be posted not later than 5 days after the 
        award is made.
            (4) <<NOTE: Reports. Deadline.>> 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) <<NOTE: Reports. Deadlines. Time period.>> 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 <<NOTE: 42 USC 
                287a, 287a-1.>> 481; and
                    (C) by amending section 479 to read as follows:
``SEC. 479. <<NOTE: 42 USC 287.>> 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) <<NOTE: Notice. Time period.>> the Center 
                gives public notice for a period of at least 120 days of 
                the Center's intention to support the clinical trial 
                activities in phase IIB;
                    ``(B) no public or private organization provides 
                credible written intent to the Center that the 
                organization has timely plans to further the clinical 
                trial activities or conduct clinical trials of a similar 
                nature beyond phase IIA; and
                    ``(C) the Center ensures that support of the 
                clinical trial activities in phase IIB will not increase 
                the Federal Government's liability beyond the award 
                value of the Center's support.

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

[[Page 125 STAT. 1087]]

            ``(2) clinical trial activities being conducted;
            ``(3) the methods and tools in development;
            ``(4) ongoing partnerships, including--
                    ``(A) the rationale for each partnership;
                    ``(B) the status of each partnership;
                    ``(C) the funding provided by the Center to other 
                entities pursuant to each partnership, and
                    ``(D) the activities which have been transferred to 
                industry pursuant to each partnership; and
            ``(5) known research activity of other entities that is or 
        will expand upon research activity of the Center.''.
            (2) List of institutes and centers.--Section 401(b)(21) of 
        the Public Health Service Act (42 U.S.C. 281(b)(21)) is amended 
        by striking ``National Center for Research Resources'' and 
        inserting ``National Center for Advancing Translational 
        Sciences''.

    (b) Assignment of Certain Functions of Former National Center for 
Research Resources.--
            (1) <<NOTE: 42 USC 283k.>> Biomedical and behavioral 
        research facilities.--Section 481A of the Public Health Service 
        Act (42 U.S.C. 287a-2)--
                    (A) is redesignated as section 404I and is moved to 
                follow section 404H of such Act (42 U.S.C. 283j); and
                    (B) is amended--
                          (i) in subsection (a)(1), by striking ``acting 
                      through the Director of the Center or the Director 
                      of the National Institute of Allergy and 
                      Infectious Diseases'' and inserting ``acting 
                      through the Office of the Director of NIH or the 
                      Director of the National Institute of Allergy and 
                      Infectious Diseases'';
                          (ii) in subsections (c), (d), (e), and (f)(2), 
                      by striking ``Director of the Center or the 
                      Director of the National Institute of Allergy and 
                      Infectious Diseases'' each place it appears and 
                      inserting ``Director of NIH, acting through the 
                      Office of the Director of NIH or the National 
                      Institute of Allergy and Infectious Diseases,'';
                          (iii) in subsection (b)(2), by striking 
                      ``Director of the Center'' each place it appears 
                      and inserting ``Director of NIH'';
                          (iv) in subsections (b)(3)(A), (f)(1), and 
                      (g), by striking the comma at the end of 
                      ``Director of the Center,'' each place it appears;
                          (v) by striking ``Director of the Center'' 
                      each place it appears and inserting ``Director of 
                      NIH, acting through the Office of the Director of 
                      NIH,'';
                          (vi) in subsection (b)--
                                    (I) in paragraph (1)(A), by striking 
                                ``within the Center''; and
                                    (II) in paragraph (2)--
                                            (aa) in subparagraph (A), by 
                                        striking ``and the advisory 
                                        council established under 
                                        section 480 (in this section 
                                        referred to as the `Advisory 
                                        Council')'' and inserting ``and 
                                        the Council of Councils 
                                        established under section 402(l) 
                                        (in this section referred to as 
                                        the `Council')''; and

[[Page 125 STAT. 1088]]

                                            (bb) in subparagraphs (B), 
                                        (C), and (D), by striking 
                                        ``Advisory'' each place it 
                                        appears; and
                          (vii) in subsection (g), by striking ``after 
                      consultation with the Advisory Council'' and 
                      inserting ``after consultation with the Council''.
            (2) <<NOTE: 42 USC 283l.>> 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) <<NOTE: 42 USC 283m.>> 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) <<NOTE: 42 USC 283n.>> 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, <<NOTE: 42 USC 285k.>> by 
                striking the section heading and designation and all 
                that follows through ``The general purpose'' and 
                inserting the following:

[[Page 125 STAT. 1089]]

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

    ``(a) General Purpose.--The general purpose'';
                    (B) <<NOTE: 42 USC 282, 285k.>> 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), <<NOTE: 42 USC 285k.>> 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) <<NOTE: 42 USC 287a.>> 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) <<NOTE: 42 USC 283h, 287a-1.>> by 
                      redesignating such section as section 481 and 
                      moving such section to follow section 480, as 
                      redesignated by paragraph (1);
                          (ii) <<NOTE: 42 USC 287a-1.>> 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) <<NOTE: 42 USC 287a-1.>> in subsection 
                      (b)(1)(C), by striking ``404G'' and inserting 
                      ``481A''; and
                    (B) in section 401(c)(2)(A), <<NOTE: 42 USC 
                281.>> by striking ``the Office of Rare Diseases,''.
            (3) <<NOTE: 42 USC 287a-2.>> Rare disease regional centers 
        of excellence.--Section 404G of the Public Health Service Act 
        (42 U.S.C. 283i) is redesignated as section 481A and is moved to 
        follow section 481, as redesignated by paragraph (2).
            (4) General clinical research centers.--Section 481D of the 
        Public Health Service Act (42 U.S.C. 287a-4)--
                    (A) is redesignated as section 481B; and

[[Page 125 STAT. 1090]]

                    (B) in subsection (a), is amended by striking 
                ``Director of the National Center for Research 
                Resources'' and inserting ``Director of the Center''.

    (d) Conforming Amendments.--Title IV of the Public Health Service 
Act (42 U.S.C. 281 et seq.) is amended--
            (1) in section 402(b)(24) (42 U.S.C. 282(b)(24)), by 
        striking ``402C'' and inserting ``480'';
            (2) in section 404C(e)(3)(A) (42 U.S.C. 283e(e)(3)(A)), by 
        striking ``and the Director of the Center for Research 
        Resources'';
            (3) in section 464z-3(i)(1) (42 U.S.C. 285t(i)(1))--
                    (A) by striking ``Director of National Institute for 
                Research Resources'' and inserting ``Director of NIH'';
                    (B) by striking ``481(c)(3)'' and inserting 
                ``404I(c)(2)''; and
                    (C) by inserting ``under such section'' after 
                ``Institutions of Emerging Excellence'';
            (4) in section 499(c)(1)(E) (42 U.S.C. 290b(c)(1)(E)), by 
        striking ``section 402C'' and inserting ``section 480''.

    Sec. 222.  <<NOTE: Reduction.>> 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 <<NOTE: Department of Education Appropriations Act, 2012.>> III

                         DEPARTMENT OF EDUCATION

                     Education for the Disadvantaged

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

[[Page 125 STAT. 1091]]

may use such funds to serve any school eligible to receive assistance 
under part A of title I that has not made adequate yearly progress for 
at least 2 years or is in the State's lowest quintile of performance 
based on proficiency rates and, in the case of secondary schools, 
priority shall be given to those schools with graduation rates below 60 
percent:  Provided further, That notwithstanding section 1003(g)(5)(A), 
each State educational agency may establish a maximum subgrant size of 
not more than $2,000,000 for each participating school applicable to 
such funds:  Provided further, That the Secretary may reserve up to 5 
percent of the funds available for section 1003(g) of the ESEA to carry 
out activities to build State and local educational agency capacity to 
implement effectively the school improvement grants program:  Provided 
further, That $160,000,000 shall be available under section 1502 of the 
ESEA for a comprehensive literacy development and education program to 
advance literacy skills, including pre-literacy skills, reading, and 
writing, for students from birth through grade 12, including limited-
English-proficient students and students with disabilities, of which 
one-half of 1 percent shall be reserved for the Secretary of the 
Interior for such a program at schools funded by the Bureau of Indian 
Education, one-half of 1 percent shall be reserved for grants to the 
outlying areas for such a program, up to 5 percent may be reserved for 
national activities, and the remainder shall be used to award 
competitive grants to State educational agencies for such a program, of 
which a State educational agency may reserve up to 5 percent for State 
leadership activities, including technical assistance and training, data 
collection, reporting, and administration, and shall subgrant not less 
than 95 percent to local educational agencies or, in the case of early 
literacy, to local educational agencies or other nonprofit providers of 
early childhood education that partner with a public or private 
nonprofit organization or agency with a demonstrated record of 
effectiveness in improving the early literacy development of children 
from birth through kindergarten entry and in providing professional 
development in early literacy, giving priority to such agencies or other 
entities serving greater numbers or percentages of disadvantaged 
children:  Provided further, That the State educational agency shall 
ensure that at least 15 percent of the subgranted funds are used to 
serve children from birth through age 5, 40 percent are used to serve 
students in kindergarten through grade 5, and 40 percent are used to 
serve students in middle and high school including an equitable 
distribution of funds between middle and high schools:  Provided 
further, That eligible entities receiving subgrants from State 
educational agencies shall use such funds for services and activities 
that have the characteristics of effective literacy instruction through 
professional development, screening and assessment, targeted 
interventions for students reading below grade level and other research-
based methods of improving classroom instruction and practice.

                               Impact Aid

    For carrying out programs of financial assistance to federally 
affected schools authorized by title VIII of the ESEA, $1,293,631,000, 
of which $1,155,724,000 shall be for basic support payments under 
section 8003(b), $48,505,000 shall be for payments for children with 
disabilities under section 8003(d), $17,474,000

[[Page 125 STAT. 1092]]

shall be for construction under section 8007(b) and shall remain 
available through September 30, 2013, $67,074,000 shall be for Federal 
property payments under section 8002, and $4,854,000, to remain 
available until expended, shall be for facilities maintenance under 
section 8008:  Provided, <<NOTE: Eligibility.>> That for purposes of 
computing the amount of a payment for an eligible local educational 
agency under section 8003(a) for school year 2011-2012, children 
enrolled in a school of such agency that would otherwise be eligible for 
payment under section 8003(a)(1)(B) of such Act, but due to the 
deployment of both parents or legal guardians, or a parent or legal 
guardian having sole custody of such children, or due to the death of a 
military parent or legal guardian while on active duty (so long as such 
children reside on Federal property as described in section 
8003(a)(1)(B)), are no longer eligible under such section, shall be 
considered as eligible students under such section, provided such 
students remain in average daily attendance at a school in the same 
local educational agency they attended prior to their change in 
eligibility status.

                       School Improvement Programs

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

[[Page 125 STAT. 1093]]

                            Indian Education

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

                       Innovation and Improvement

    For carrying out activities authorized by part G of title I, subpart 
5 of part A and parts C and D of title II, parts B, C, and D of title V 
of the ESEA, and sections 14006 and 14007 of division A of the American 
Recovery and Reinvestment Act of 2009, as amended, $1,530,429,000:  
Provided, That the Secretary may use up to $550,000,000, which shall 
remain available for obligation through December 31, 2012, for section 
14006 of division A of Public Law 111-5, as amended, to make awards 
(including on the basis of previously submitted applications) to States 
or to local educational agencies, or both, in accordance with the 
applicable requirements of that section, as determined by the Secretary, 
and may use up to 5 percent of such funds for technical assistance and 
evaluation of the activities carried out under that section:  Provided 
further, That up to $149,700,000 shall be available for obligation 
through December 31, 2012 for section 14007 of division A of Public Law 
111-5, and up to 5 percent of such funds may be used for technical 
assistance and the evaluation of activities carried out under such 
section:  Provided further, <<NOTE: Grants.>> 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 <<NOTE: Financial plan.>> achievement:  Provided further, That 
applications for such grants shall include a plan to sustain financially 
the activities conducted and systems developed under the grant once the 
grant period has expired:  Provided further, That up to 5 percent of 
such funds for competitive grants shall be available for technical 
assistance, training, peer review of applications, program outreach, and 
evaluation activities:  Provided further, That of the funds available 
for part B of title V of the ESEA, the Secretary shall use not less than 
$23,000,000 to carry out activities under section 5205(b) and under 
subpart 2:  Provided further, That of the funds available for subpart 1 
of part B of title V of the ESEA, and notwithstanding section 5205(a), 
the

[[Page 125 STAT. 1094]]

Secretary may reserve up to $55,000,000 to make multiple awards to non-
profit charter management organizations and other entities that are not 
for-profit entities for the replication and expansion of successful 
charter school models and shall reserve up to $11,000,000 to carry out 
the activities described in section 5205(a), including improving quality 
and oversight of charter schools and providing technical assistance and 
grants to authorized public chartering agencies in order to increase the 
number of high-performing charter schools:  Provided 
further, <<NOTE: Plans.>> 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, <<NOTE: Charter schools. Audits.>> That each application 
submitted pursuant to section 5203(a) shall contain assurances that 
State law, regulations, or other policies require that: (1) each 
authorized charter school in the State operate under a legally binding 
charter or performance contract between itself and the school's 
authorized public chartering agency that describes the obligations and 
responsibilities of the school and the public chartering agency; conduct 
annual, timely, and independent audits of the school's financial 
statements that are filed with the school's authorized public chartering 
agency; and demonstrate improved student academic achievement; and (2) 
authorized public chartering agencies use increases in student academic 
achievement for all groups of students described in section 
1111(b)(2)(C)(v) of the ESEA as the most important factor when 
determining to renew or revoke a school's charter.

                 Safe Schools and Citizenship Education

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

                      English Language Acquisition

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

                            Special Education

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

[[Page 125 STAT. 1095]]

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

             Rehabilitation Services and Disability Research

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

[[Page 125 STAT. 1096]]

           Special Institutions for Persons With Disabilities

                  american printing house for the blind

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

                national technical institute for the deaf

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

                          gallaudet university

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

                 Career, Technical, and Adult Education

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

                      Student Financial Assistance

    For carrying out subparts 1 and 3 of part A, and part C of title IV 
of the HEA, $24,538,521,000, which shall remain available through 
September 30, 2013.

[[Page 125 STAT. 1097]]

    The <<NOTE: 20 USC 1070a note.>> maximum Pell Grant for which a 
student shall be eligible during award year 2012-2013 shall be $4,860.

                       Student Aid Administration

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

                            Higher Education

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

                            Howard University

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

          College Housing and Academic Facilities Loans Program

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

[[Page 125 STAT. 1098]]

  Historically Black College and University Capital Financing Program 
                                 Account

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

                     Institute of Education Sciences

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

                         Departmental Management

                         program administration

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

                         office for civil rights

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

                     office of the inspector general

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

[[Page 125 STAT. 1099]]

                           General Provisions

    Sec. 301.  <<NOTE: Racial desegregation.>> 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.  <<NOTE: Voluntary prayer. Meditation.>> 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, <<NOTE: Notification. Deadline.>> 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.  <<NOTE: Applicability. 42 USC 1921d note.>> Section 
105(f)(1)(B)(ix) of the Compact of Free Association Amendments Act of 
2003 (48 U.S.C. 1921d(f)(1)(B)(ix)) shall be applied by substituting 
``2012'' for ``2009''.

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

[[Page 125 STAT. 1100]]

    (b)  Federal Register Notice.--The Secretary, the Secretary of the 
Treasury, and the Director of the Office of Management and Budget, shall 
jointly publish a notice in the Federal Register prior to any 
modification of loans under paragraph (a) that--
            (1) establishes the terms and conditions governing the 
        modifications authorized by paragraph (a);
            (2) includes an outline of the methodology and factors that 
        the Secretary, the Secretary of the Treasury, and the Director 
        of the Office of Management and Budget, will jointly consider in 
        evaluating the modification of the loans made under this title; 
        and
            (3) describes how the use of such methodology and 
        consideration of such factors used to determine the 
        modifications will ensure that loan modifications do not result 
        in any net cost to the Federal Government.

    (c) Fees.--An affected institution that receives a modification to 
its disaster loan pursuant to section 2601 of Public Law 109-234 shall 
pay a fee to the Secretary which shall be credited to the HBCU Hurricane 
Supplemental Loan Program. Such fees shall remain available without 
fiscal year limitation to pay the modification costs. The amount of the 
fee paid shall be equal to the modification cost as jointly determined 
by the Secretary, the Secretary of the Treasury, and the Director of the 
Office of Management and Budget, calculated in accordance with section 
502 of the Federal Credit Reform Act of 1990, as amended, of such loan.
    Sec. 308.  Section 14006(c)(2) of division A of the American 
Recovery and Reinvestment Act of 2009 (as amended by section 1832(b) of 
division B of Public Law 112-10) <<NOTE: 123 Stat. 3272; Ante, p. 
164.>> 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 
        inserti