[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
inserting ``$23,000''.
(c) Students Who Are Not High School Graduates.--
(1) Amendment.--Section 484(d) of the HEA (20 U.S.C.
1091(d)) is amended--
(A) in the matter preceding paragraph (1), by
striking ``meet one of the following standards:'';
(B) by striking paragraphs (1), (2), and (4); and
(C) in paragraph (3), by striking ``(3) The student
has'' and inserting ``have''; and
(2) <<NOTE: Applicability. 20 USC 1091 note.>> Transition.--
The amendment made by paragraph (1) shall apply to students who
first enroll in a program of study on or after July 1, 2012.
[[Page 125 STAT. 1101]]
(3) Conforming change.--Section 101(a)(1) of the HEA (20
U.S.C. 1001(a)(1) is amended by striking ``section 484(d)(3)''
and inserting ``section 484(d)''.
(d) Temporary Elimination of Interest Subsidy During Student Loan
Grace Period.--
(1) Section 428(a)(3)(A)(i)(I) of the HEA (20 U.S.C.
1078(a)(3)(A)(i)(I)) is amended to read as follows:
``(I) which accrues prior to the
date the student ceases to carry at
least one-half the normal full-time
academic workload (as determined by the
institution), or''.
(2) <<NOTE: Applicability. Time period. 20 USC 1078
note.>> The amendment made by paragraph (1) shall apply to new
Federal Direct Stafford Loans made on or after July 1, 2012 and
before July 1, 2014.
(e) Revised Special Allowance Calculation.--
(1) Revised calculation rule.--Section 438(b)(2)(I) of the
HEA (20 U.S.C. 1087-1(b)(2)(I)) is amended by adding at the end
the following:
``(vii) Revised calculation rule to reflect
financial market conditions.--
``(I) <<NOTE: Applicability. Time
periods.>> Calculation based on libor.--
For the calendar quarter beginning on
April 1, 2012 and each subsequent
calendar quarter, in computing the
special allowance paid pursuant to this
subsection with respect to loans
described in subclause (II), clause
(i)(I) of this subparagraph shall be
applied by substituting `of the 1-month
London Inter Bank Offered Rate (LIBOR)
for United States dollars in effect for
each of the days in such quarter as
compiled and released by the British
Bankers Association' for `of the quotes
of the 3-month commercial paper
(financial) rates in effect for each of
the days in such quarter as reported by
the Federal Reserve in Publication H-15
(or its successor) for such 3-month
period'.
``(II) Loans eligible for libor-
based calculation.--The special
allowance paid pursuant to this
subsection shall be calculated as
described in subclause (I) with respect
to special allowance payments for the 3-
month period ending June 30, 2012, and
each succeeding 3-month period, on loans
for which the first disbursement is made
on or after January 1, 2000, and before
July 1, 2010, if, not later than April
1, 2012, the holder of the loan (or, if
the holder acts as eligible lender
trustee for the beneficial owner of the
loan, the beneficial owner of the loan),
affirmatively and permanently waives all
contractual, statutory, or other legal
rights to a special allowance paid
pursuant to this subsection that is
calculated using the formula in effect
at the time the loans were first
disbursed.
``(III) Terms of waiver.--
``(aa) <<NOTE: Applicability.>> I
n general.--A waiver pursuant to
subclause (II) shall be in a
form (printed or electronic)
prescribed by the Secretary, and
shall be applicable to--
[[Page 125 STAT. 1102]]
``(AA) all loans
described in such subclause
that the lender holds solely
in its own right under any
lender identification number
associated with the holder
(pursuant to section 487B);
``(BB) all loans
described in such subclause
for which the beneficial
owner has the authority to
make an election of a waiver
under such subclause,
regardless of the lender
identification number
associated with the loan or
the lender that holds the
loan as eligible lender
trustee on behalf of such
beneficial owner; and
``(CC) all future
calculations of the special
allowance on loans that, on
the date of such waiver, are
loans described in subitem
(AA) or (BB), or that, after
such date, become loans
described in subitem (AA) or
(BB).
``(bb) Exceptions.--Any
waiver pursuant to subclause
(II) that is elected for loans
described in subitem (AA) or
(BB) of item (aa) shall not
apply to any loan described in
such subitem for which the
lender or beneficial owner of
the loan demonstrates to the
satisfaction of the Secretary
that--
``(AA) in accordance
with an agreement entered
into before the date of
enactment of this section by
which such lender or owner
is governed and that applies
to such loans, such lender
or owner is not legally
permitted to make an
election of such waiver with
respect to such loans
without the approval of one
or more third parties with
an interest in the loans,
and that the lender or owner
followed all available
options under such agreement
to obtain such approval, and
was unable to do so; or
``(BB) such lender or
beneficial owner presented
the proposal of electing
such a waiver applicable to
such loans associated with
an obligation rated by a
nationally recognized
statistical rating
organization (as defined in
section 3(a)(62) of the
Securities Exchange Act of
1934), and such rating
organization provided a
written opinion that the
agency would downgrade the
rating applicable to such
obligation if the lender or
owner elected such a
waiver.''.
(2) Conforming amendments.--Section 438(b)(2)(I) of the HEA
(20 U.S.C. 1087-1(b)(2)(I)) is further amended--
(A) in clause (i)(II), by striking ``such average
bond equivalent rate'' and inserting ``the rate
determined under subclause (I) (in accordance with
clause (vii))''; and
[[Page 125 STAT. 1103]]
(B) in clause (v)(III), by striking ``(iv), and
(vi)'' and inserting ``(iv), (vi), and (vii)''.
(f) Reappropriation of Mandatory Savings.--Section 401(b)(7)(A)(iv)
of the HEA (20 U.S.C. 1070a(b)(7)(A)(iv)) is amended to read as follows:
``(iv) to carry out this section--
``(I) $13,500,000,000 for fiscal
year 2011;
``(II) $13,795,000,000 for fiscal
year 2012;
``(III) $7,587,000,000 for fiscal
year 2013;
``(IV) $588,000,000 for fiscal year
2014;
``(V) $0 for fiscal year 2015;
``(VI) $0 for fiscal year 2016;
``(VII) $1,574,000,000 for fiscal
year 2017;
``(VIII) $1,382,000,000 for fiscal
year 2018;
``(IX) $1,409,000,000 for fiscal
year 2019;
``(X) $1,430,000,000 for fiscal year
2020; and
``(XI) $1,145,000,000 for fiscal
year 2021 and each succeeding fiscal
year.''.
(g) <<NOTE: 20 USC 1001 note.>> Effective Date.--The amendments made
by subsections (a), (b), and (c) shall take effect on July 1, 2012.
(h) <<NOTE: 20 USC 1089 note.>> Inapplicability of Negotiated
Rulemaking and Master Calendar Exception.--Sections 482(c) and 492 of
the HEA (20 U.S.C. 1089(c), 1098a) shall not apply to the amendments
made by this section, or to any regulations promulgated under those
amendments.
This title may be cited as the ``Department of Education
Appropriations Act, 2012''.
TITLE IV
RELATED AGENCIES
Committee for Purchase From People Who Are Blind or Severely Disabled
salaries and expenses
For expenses necessary for the Committee for Purchase From People
Who Are Blind or Severely Disabled established by Public Law 92-28,
$5,385,000.
Corporation for National and Community Service
operating expenses
For necessary expenses for the Corporation for National and
Community Service (referred to in this title as ``CNCS'') to carry out
the Domestic Volunteer Service Act of 1973 (referred to in this title as
``1973 Act'') and the National and Community Service Act of 1990
(referred to in this title as ``1990 Act''), $751,672,000,
notwithstanding sections 198B(b)(3), 198S(g), 501(a)(4)(C), and
501(a)(4)(F) of the 1990 Act: Provided, That of the amounts provided
under this heading: (1) up to 1 percent of program grant funds may be
used to defray the costs of conducting grant application reviews,
including the use of outside peer reviewers and electronic management of
the grants cycle; (2) $44,900,000 shall be available for expenses
authorized under section 501(a)(4)(E) of the 1990 Act; (3) $2,000,000
shall be available for expenses to carry out sections
[[Page 125 STAT. 1104]]
112(e), 179A, and 198O and subtitle J of title I of the 1990 Act,
notwithstanding section 501(a)(6) of the 1990 Act; (4) $13,466,000 shall
be available to provide assistance to State commissions on national and
community service, under section 126(a) of the 1990 Act and
notwithstanding section 501(a)(5)(B) of the 1990 Act; (5) $31,942,000
shall be available to carry out subtitle E of the 1990 Act; and (6)
$3,992,000 shall be available for expenses authorized under section
501(a)(4)(F) of the 1990 Act, which, notwithstanding the provisions of
section 198P shall be awarded by CNCS on a competitive basis: Provided
further, <<NOTE: Applicability.>> That, with respect to amounts provided
under this heading for State Service Commissions, section 126 of the
1990 Act shall be applied by substituting ``$200,000'' for ``$250,000''
each place that it appears.
national service trust
(including transfer of funds)
For necessary expenses for the National Service Trust established
under subtitle D of title I of the 1990 Act, $212,198,000, to remain
available until expended:
Provided, <<NOTE: Determination. Notice.>> That CNCS may transfer
additional funds from the amount provided within ``Operating Expenses''
allocated to grants under subtitle C of title I of the 1990 Act to the
National Service Trust upon determination that such transfer is
necessary to support the activities of national service participants and
after notice is transmitted to the Committees on Appropriations of the
House of Representatives and the Senate: Provided further, That amounts
appropriated for or transferred to the National Service Trust may be
invested under section 145(b) of the 1990 Act without regard to the
requirement to apportion funds under 31 U.S.C. 1513(b).
salaries and expenses
For necessary expenses of administration as provided under section
501(a)(5) of the 1990 Act and under section 504(a) of the 1973 Act,
including payment of salaries, authorized travel, hire of passenger
motor vehicles, the rental of conference rooms in the District of
Columbia, the employment of experts and consultants authorized under 5
U.S.C. 3109, and not to exceed $2,500 for official reception and
representation expenses, $83,000,000.
office of inspector general
For necessary expenses of the Office of Inspector General in
carrying out the Inspector General Act of 1978, $4,000,000.
administrative provisions
Sec. 401. <<NOTE: Notice. Public comment.>> CNCS shall make any
significant changes to program requirements, service delivery or policy
only through public notice and comment rulemaking. For fiscal year 2012,
during any grant selection process, an officer or employee of CNCS shall
not knowingly disclose any covered grant selection information regarding
such selection, directly or indirectly, to any person other than an
officer or employee of CNCS that is authorized by CNCS to receive such
information.
[[Page 125 STAT. 1105]]
Sec. 402. <<NOTE: Requirements. 42 USC 12571 note.>> AmeriCorps
programs receiving grants under the National Service Trust program shall
meet an overall minimum share requirement of 24 percent for the first 3
years that they receive AmeriCorps funding, and thereafter shall meet
the overall minimum share requirement as provided in section 2521.60 of
title 45, Code of Federal Regulations, without regard to the operating
costs match requirement in section 121(e) or the member support Federal
share limitations in section 140 of the 1990 Act, and subject to partial
waiver consistent with section 2521.70 of title 45, Code of Federal
Regulations.
Sec. 403. Donations made to CNCS under section 196 of the 1990 Act
for the purposes of financing programs and operations under titles I and
II of the 1973 Act or subtitle B, C, D, or E of title I of the 1990 Act
shall be used to supplement and not supplant current programs and
operations.
Sec. 404. In addition to the requirements in section 146(a) of the
1990 Act, use of an educational award for the purpose described in
section 148(a)(4) shall be limited to individuals who are veterans as
defined under section 101 of the Act.
Corporation for Public Broadcasting
For payment to the Corporation for Public Broadcasting (referred to
in this Act as ``CPB''), as authorized by the Communications Act of
1934, an amount which shall be available within limitations specified by
that Act, for the fiscal year 2014, $445,000,000: Provided, That none
of the funds made available to CPB by this Act shall be used to pay for
receptions, parties, or similar forms of entertainment for Government
officials or <<NOTE: Discrimination.>> employees: Provided further,
That none of the funds made available to CPB by this Act shall be
available or used to aid or support any program or activity from which
any person is excluded, or is denied benefits, or is discriminated
against, on the basis of race, color, national origin, religion, or sex:
Provided further, <<NOTE: Political test.>> That none of the funds made
available to CPB by this Act shall be used to apply any political test
or qualification in selecting, appointing, promoting, or taking any
other personnel action with respect to officers, agents, and employees
of CPB: Provided further, That none of the funds made available to CPB
by this Act shall be used to support the Television Future Fund or any
similar purpose.
Federal Mediation and Conciliation Service
salaries and expenses
For expenses necessary for the Federal Mediation and Conciliation
Service (``Service'') to carry out the functions vested in it by the
Labor-Management Relations Act, 1947, including hire of passenger motor
vehicles; for expenses necessary for the Labor-Management Cooperation
Act of 1978; and for expenses necessary for the Service to carry out the
functions vested in it by the Civil Service Reform Act, $46,250,000:
Provided, That notwithstanding 31 U.S.C. 3302, fees charged, up to full-
cost recovery, for special training activities and other conflict
resolution services and technical assistance, including those provided
to foreign governments and international organizations, and for
arbitration services shall be credited to and merged with this account,
and shall remain available until expended: Provided
further, <<NOTE: Fees.>> That fees for arbitration
[[Page 125 STAT. 1106]]
services shall be available only for education, training, and
professional development of the agency workforce: Provided further,
That the Director of the Service is authorized to accept and use on
behalf of the United States gifts of services and real, personal, or
other property in the aid of any projects or functions within the
Director's jurisdiction.
Federal Mine Safety and Health Review Commission
salaries and expenses
For expenses necessary for the Federal Mine Safety and Health Review
Commission, $17,637,000.
Institute of Museum and Library Services
office of museum and library services: grants and administration
For carrying out the Museum and Library Services Act of 1996 and the
National Museum of African American History and Culture Act,
$232,393,000.
Medicaid and CHIP Payment and Access Commission
salaries and expenses
For expenses necessary to carry out section 1900 of the Social
Security Act, $6,000,000.
Medicare Payment Advisory Commission
salaries and expenses
For expenses necessary to carry out section 1805 of the Social
Security Act, $11,800,000, to be transferred to this appropriation from
the Federal Hospital Insurance Trust Fund and the Federal Supplementary
Medical Insurance Trust Fund.
National Council on Disability
salaries and expenses
For expenses necessary for the National Council on Disability as
authorized by title IV of the Rehabilitation Act of 1973, $3,264,000.
National Labor Relations Board
salaries and expenses
For expenses necessary for the National Labor Relations Board to
carry out the functions vested in it by the Labor-Management Relations
Act, 1947, and other laws, $278,833,000: Provided, That no part of this
appropriation shall be available to organize or assist in organizing
agricultural laborers or used in connection with investigations,
hearings, directives, or orders concerning bargaining units composed of
agricultural laborers as referred to in section 2(3) of the Act of July
5, 1935, and as amended by the
[[Page 125 STAT. 1107]]
Labor-Management Relations Act, 1947, and as defined in section 3(f) of
the Act of June 25, 1938, and including in said definition employees
engaged in the maintenance and operation of ditches, canals, reservoirs,
and waterways when maintained or operated on a mutual, nonprofit basis
and at least 95 percent of the water stored or supplied thereby is used
for farming purposes.
administrative provision
Sec. 405. None of the funds provided by this Act or previous Acts
making appropriations for the National Labor Relations Board may be used
to issue any new administrative directive or regulation that would
provide employees any means of voting through any electronic means in an
election to determine a representative for the purposes of collective
bargaining.
National Mediation Board
salaries and expenses
For expenses necessary to carry out the provisions of the Railway
Labor Act, including emergency boards appointed by the President,
$13,436,000.
Occupational Safety and Health Review Commission
salaries and expenses
For expenses necessary for the Occupational Safety and Health Review
Commission, $11,689,000.
Railroad Retirement Board
dual benefits payments account
For payment to the Dual Benefits Payments Account, authorized under
section 15(d) of the Railroad Retirement Act of 1974, $51,000,000, which
shall include amounts becoming available in fiscal year 2012 pursuant to
section 224(c)(1)(B) of Public Law 98-76; and in addition, an amount,
not to exceed 2 percent of the amount provided herein, shall be
available proportional to the amount by which the product of recipients
and the average benefit received exceeds the amount available for
payment of vested dual benefits: Provided, That the total amount
provided herein shall be credited in 12 approximately equal amounts on
the first day of each month in the fiscal year.
federal payments to the railroad retirement accounts
For payment to the accounts established in the Treasury for the
payment of benefits under the Railroad Retirement Act for interest
earned on unnegotiated checks, $150,000, to remain available through
September 30, 2013, which shall be the maximum amount available for
payment pursuant to section 417 of Public Law 98-76.
[[Page 125 STAT. 1108]]
limitation on administration
For necessary expenses for the Railroad Retirement Board (``Board'')
for administration of the Railroad Retirement Act and the Railroad
Unemployment Insurance Act, $108,855,000, to be derived in such amounts
as determined by the Board from the railroad retirement accounts and
from moneys credited to the railroad unemployment insurance
administration fund.
limitation on the office of inspector general
For expenses necessary for the Office of Inspector General for
audit, investigatory and review activities, as authorized by the
Inspector General Act of 1978, not more than $8,170,000, to be derived
from the railroad retirement accounts and railroad unemployment
insurance account.
Social Security Administration
payments to social security trust funds
For payment to the Federal Old-Age and Survivors Insurance Trust
Fund and the Federal Disability Insurance Trust Fund, as provided under
sections 201(m), 228(g), and 1131(b)(2) of the Social Security Act,
$20,404,000.
supplemental security income program
For carrying out titles XI and XVI of the Social Security Act,
section 401 of Public Law 92-603, section 212 of Public Law 93-66, as
amended, and section 405 of Public Law 95-216, including payment to the
Social Security trust funds for administrative expenses incurred
pursuant to section 201(g)(1) of the Social Security Act,
$37,582,991,000, to remain available until expended: Provided, That any
portion of the funds provided to a State in the current fiscal year and
not obligated by the State during that year shall be returned to the
Treasury: Provided further, That not more than $8,000,000 shall be
available for research and demonstrations under sections 1110 and 1144
of the Social Security Act and remain available through September 30,
2013.
For making, after June 15 of the current fiscal year, benefit
payments to individuals under title XVI of the Social Security Act, for
unanticipated costs incurred for the current fiscal year, such sums as
may be necessary.
For making benefit payments under title XVI of the Social Security
Act for the first quarter of fiscal year 2013, $18,200,000,000, to
remain available until expended.
limitation on administrative expenses
For necessary expenses, including the hire of two passenger motor
vehicles, and not to exceed $20,000 for official reception and
representation expenses, not more than $10,555,494,000 may be expended,
as authorized by section 201(g)(1) of the Social Security Act, from any
one or all of the trust funds referred to in such section: Provided,
That not less than $2,150,000 shall be for the Social Security Advisory
Board: Provided further, That unobligated balances of funds provided
under this paragraph at
[[Page 125 STAT. 1109]]
the end of fiscal year 2012 not needed for fiscal year 2012 shall remain
available until expended to invest in the Social Security Administration
information technology and telecommunications hardware and software
infrastructure, including related equipment and non-payroll
administrative expenses associated solely with this information
technology and <<NOTE: Notification.>> telecommunications
infrastructure: Provided further, That the Commissioner of Social
Security shall notify the Committees on Appropriations of the House of
Representatives and the Senate prior to making unobligated balances
available under the authority in the previous proviso: Provided
further, That reimbursement to the trust funds under this heading for
expenditures for official time for employees of the Social Security
Administration pursuant to 5 U.S.C. 7131, and for facilities or support
services for labor organizations pursuant to policies, regulations, or
procedures referred to in section 7135(b) of such title shall be made by
the Secretary of the Treasury, with interest, from amounts in the
general fund not otherwise appropriated, as soon as possible after such
expenditures are made.
In addition, for continuing disability reviews under titles II and
XVI of the Social Security Act and for the cost associated with
conducting redeterminations of eligibility under title XVI of the Social
Security Act, $274,000,000 may be expended, as authorized by section
201(g)(1) of the Social Security Act, from any one or all of the trust
funds referred to therein: Provided, <<NOTE: Deadline. Reports.>> That
the Commissioner shall provide to the Congress (at the conclusion of the
fiscal year) a report on the obligation and expenditure of these funds,
similar to the reports that were required by section 103(d)(2) of Public
Law 104-121 for fiscal years 1996 through 2002.
In addition, $161,000,000 to be derived from administration fees in
excess of $5.00 per supplementary payment collected pursuant to section
1616(d) of the Social Security Act or section 212(b)(3) of Public Law
93-66, which shall remain available until expended. To the extent that
the amounts collected pursuant to such sections in fiscal year 2012
exceed $161,000,000, the amounts shall be available in fiscal year 2013
only to the extent provided in advance in appropriations Acts.
In addition, up to $1,000,000 to be derived from fees collected
pursuant to section 303(c) of the Social Security Protection Act, which
shall remain available until expended.
office of inspector general
(including transfer of funds)
For expenses necessary for the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978,
$28,942,000, together with not to exceed $73,535,000, to be transferred
and expended as authorized by section 201(g)(1) of the Social Security
Act from the Federal Old-Age and Survivors Insurance Trust Fund and the
Federal Disability Insurance Trust Fund.
In addition, an amount not to exceed 3 percent of the total provided
in this appropriation may be transferred from the ``Limitation on
Administrative Expenses'', Social Security Administration, to be merged
with this account, to be available for the time and purposes for which
this account is available: Provided, <<NOTE: Notice. Deadline.>> That
notice
[[Page 125 STAT. 1110]]
of such transfers shall be transmitted promptly to the Committees on
Appropriations of the House of Representatives and the Senate at least
15 days in advance of any transfer.
TITLE V
GENERAL PROVISIONS
(transfer of funds)
Sec. 501. The Secretaries of Labor, Health and Human Services, and
Education are authorized to transfer unexpended balances of prior
appropriations to accounts corresponding to current appropriations
provided in this Act. Such transferred balances shall be used for the
same purpose, and for the same periods of time, for which they were
originally appropriated.
Sec. 502. 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. 503. <<NOTE: Lobbying.>> (a) No part of any appropriation
contained in this Act or transferred pursuant to section 4002 of Public
Law 111-148 shall be used, other than for normal and recognized
executive-legislative relationships, for publicity or propaganda
purposes, for the preparation, distribution, or use of any kit,
pamphlet, booklet, publication, electronic communication, radio,
television, or video presentation designed to support or defeat the
enactment of legislation before the Congress or any State or local
legislature or legislative body, except in presentation to the Congress
or any State or local legislature itself, or designed to support or
defeat any proposed or pending regulation, administrative action, or
order issued by the executive branch of any State or local government,
except in presentation to the executive branch of any State or local
government itself.
(b) No part of any appropriation contained in this Act or
transferred pursuant to section 4002 of Public Law 111-148 shall be used
to pay the salary or expenses of any grant or contract recipient, or
agent acting for such recipient, related to any activity designed to
influence the enactment of legislation, appropriations, regulation,
administrative action, or Executive order proposed or pending before the
Congress or any State government, State legislature or local legislature
or legislative body, other than for normal and recognized executive-
legislative relationships or participation by an agency or officer of a
State, local or tribal government in policymaking and administrative
processes within the executive branch of that government.
(c) <<NOTE: Gun control.>> The prohibitions in subsections (a) and
(b) shall include any activity to advocate or promote any proposed,
pending or future Federal, State or local tax increase, or any proposed,
pending, or future requirement or restriction on any legal consumer
product, including its sale or marketing, including but not limited to
the advocacy or promotion of gun control.
Sec. 504. The Secretaries of Labor and Education are authorized to
make available not to exceed $28,000 and $20,000, respectively, from
funds available for salaries and expenses under titles I and III,
respectively, for official reception and representation expenses; the
Director of the Federal Mediation and Conciliation Service is authorized
to make available for official reception and
[[Page 125 STAT. 1111]]
representation expenses not to exceed $5,000 from the funds available
for ``Federal Mediation and Conciliation Service, Salaries and
Expenses''; and the Chairman of the National Mediation Board is
authorized to make available for official reception and representation
expenses not to exceed $5,000 from funds available for ``National
Mediation Board, Salaries and Expenses''.
Sec. 505. When issuing statements, press releases, requests for
proposals, bid solicitations and other documents describing projects or
programs funded in whole or in part with Federal money, all grantees
receiving Federal funds included in this Act, including but not limited
to State and local governments and recipients of Federal research
grants, shall clearly state--
(1) the percentage of the total costs of the program or
project which will be financed with Federal money;
(2) the dollar amount of Federal funds for the project or
program; and
(3) percentage and dollar amount of the total costs of the
project or program that will be financed by non-governmental
sources.
Sec. 506. <<NOTE: Abortion.>> (a) None of the funds appropriated in
this Act, and none of the funds in any trust fund to which funds are
appropriated in this Act, shall be expended for any abortion.
(b) None of the funds appropriated in this Act, and none of the
funds in any trust fund to which funds are appropriated in this Act,
shall be expended for health benefits coverage that includes coverage of
abortion.
(c) <<NOTE: Definition.>> The term ``health benefits coverage''
means the package of services covered by a managed care provider or
organization pursuant to a contract or other arrangement.
Sec. 507. <<NOTE: Abortion.>> (a) The limitations established in the
preceding section shall not apply to an abortion--
(1) if the pregnancy is the result of an act of rape or
incest; or
(2) in the case where a woman suffers from a physical
disorder, physical injury, or physical illness, including a
life-endangering physical condition caused by or arising from
the pregnancy itself, that would, as certified by a physician,
place the woman in danger of death unless an abortion is
performed.
(b) Nothing in the preceding section shall be construed as
prohibiting the expenditure by a State, locality, entity, or private
person of State, local, or private funds (other than a State's or
locality's contribution of Medicaid matching funds).
(c) Nothing in the preceding section shall be construed as
restricting the ability of any managed care provider from offering
abortion coverage or the ability of a State or locality to contract
separately with such a provider for such coverage with State funds
(other than a State's or locality's contribution of Medicaid matching
funds).
(d)(1) None of the funds made available in this Act may be made
available to a Federal agency or program, or to a State or local
government, if such agency, program, or government subjects any
institutional or individual health care entity to discrimination on the
basis that the health care entity does not provide, pay for, provide
coverage of, or refer for abortions.
(2) <<NOTE: Definition.>> In this subsection, the term ``health care
entity'' includes an individual physician or other health care
professional, a hospital,
[[Page 125 STAT. 1112]]
a provider-sponsored organization, a health maintenance organization, a
health insurance plan, or any other kind of health care facility,
organization, or plan.
Sec. 508. (a) None of the funds made available in this Act may be
used for--
(1) <<NOTE: Human embryos.>> the creation of a human embryo
or embryos for research purposes; or
(2) research in which a human embryo or embryos are
destroyed, discarded, or knowingly subjected to risk of injury
or death greater than that allowed for research on fetuses in
utero under 45 CFR 46.204(b) and section 498(b) of the Public
Health Service Act (42 U.S.C. 289g(b)).
(b) <<NOTE: Definition.>> For purposes of this section, the term
``human embryo or embryos'' includes any organism, not protected as a
human subject under 45 CFR 46 as of the date of the enactment of this
Act, that is derived by fertilization, parthenogenesis, cloning, or any
other means from one or more human gametes or human diploid cells.
Sec. 509. <<NOTE: Drugs and drug abuse.>> (a) None of the funds made
available in this Act may be used for any activity that promotes the
legalization of any drug or other substance included in schedule I of
the schedules of controlled substances established under section 202 of
the Controlled Substances Act except for normal and recognized
executive-congressional communications.
(b) The limitation in subsection (a) shall not apply when there is
significant medical evidence of a therapeutic advantage to the use of
such drug or other substance or that federally sponsored clinical trials
are being conducted to determine therapeutic advantage.
Sec. 510. <<NOTE: Health and health care.>> None of the funds made
available in this Act may be used to promulgate or adopt any final
standard under section 1173(b) of the Social Security Act providing for,
or providing for the assignment of, a unique health identifier for an
individual (except in an individual's capacity as an employer or a
health care provider), until legislation is enacted specifically
approving the standard.
Sec. 511. <<NOTE: Contracts. Reports.>> None of the funds made
available in this Act may be obligated or expended to enter into or
renew a contract with an entity if--
(1) such entity is otherwise a contractor with the United
States and is subject to the requirement in 38 U.S.C. 4212(d)
regarding submission of an annual report to the Secretary of
Labor concerning employment of certain veterans; and
(2) such entity has not submitted a report as required by
that section for the most recent year for which such requirement
was applicable to such entity.
Sec. 512. 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. 513. <<NOTE: Certifications.>> None of the funds made
available by this Act to carry out the Library Services and Technology
Act may be made available to any library covered by paragraph (1) of
section 224(f) of such Act, as amended by the Children's Internet
Protection Act, unless such library has made the certifications required
by paragraph (4) of such section.
[[Page 125 STAT. 1113]]
Sec. 514. <<NOTE: Certifications.>> None of the funds made
available by this Act to carry out part D of title II of the Elementary
and Secondary Education Act of 1965 may be made available to any
elementary or secondary school covered by paragraph (1) of section
2441(a) of such Act, as amended by the Children's Internet Protection
Act and the No Child Left Behind Act, unless the local educational
agency with responsibility for such covered school has made the
certifications required by paragraph (2) of such section.
Sec. 515. <<NOTE: Deadlines. Notifications.>> (a) None of the funds
provided under this Act, or provided under previous appropriations Acts
to the agencies funded by this Act 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 new programs;
(2) eliminates a program, project, or activity;
(3) increases funds or personnel by any means for any
project or activity for which funds have been denied or
restricted;
(4) relocates an office or employees;
(5) reorganizes or renames offices;
(6) reorganizes programs or activities; or
(7) contracts out or privatizes any functions or activities
presently performed by Federal employees;
unless the Committees on Appropriations of the House of Representatives
and the Senate are notified 15 days in advance of such reprogramming or
of an announcement of intent relating to such reprogramming, whichever
occurs earlier.
(b) None of the funds provided under this Act, or provided under
previous appropriations Acts to the agencies funded by this Act 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 in excess of $500,000 or 10 percent, whichever is less, that--
(1) augments existing programs, projects (including
construction projects), or activities;
(2) reduces by 10 percent funding for any existing program,
project, or activity, or numbers of personnel by 10 percent as
approved by Congress; or
(3) results from any general savings from a reduction in
personnel which would result in a change in existing programs,
activities, or projects as approved by Congress;
unless the Committees on Appropriations of the House of Representatives
and the Senate are notified 15 days in advance of such reprogramming or
of an announcement of intent relating to such reprogramming, whichever
occurs earlier.
Sec. 516. <<NOTE: Political disclosures.>> (a) None of the funds
made available in this Act may be used to request that a candidate for
appointment to a Federal scientific advisory committee disclose the
political affiliation or voting history of the candidate or the position
that the candidate holds with respect to political issues not directly
related to and necessary for the work of the committee involved.
[[Page 125 STAT. 1114]]
(b) None of the funds made available in this Act may be used to
disseminate information that is deliberately false or misleading.
Sec. 517. <<NOTE: Deadline. Operating plan.>> Within 45 days of
enactment of this Act, each department and related agency funded through
this Act shall submit an operating plan that details at the program,
project, and activity level any funding allocations for fiscal year 2012
that are different than those specified in this Act, the accompanying
detailed table in the statement of the managers on the conference report
accompanying this Act, or the fiscal year 2012 budget request.
Sec. 518. <<NOTE: Reports.>> The Secretaries of Labor, Health and
Human Services, and Education shall each prepare and submit to the
Committees on Appropriations of the House of Representatives and the
Senate a report on the number and amount of contracts, grants, and
cooperative agreements exceeding $500,000 in value and awarded by the
Department on a non-competitive basis during each quarter of fiscal year
2012, but not to include grants awarded on a formula basis or directed
by law. Such report shall include the name of the contractor or grantee,
the amount of funding, the governmental purpose, including a
justification for issuing the award on a non-competitive
basis. <<NOTE: Deadline.>> Such report shall be transmitted to the
Committees within 30 days after the end of the quarter for which the
report is submitted.
Sec. 519. <<NOTE: Contracts. Grants. Certification.>> None of the
funds appropriated or otherwise made available by this Act may be used
to enter into a contract in an amount greater than $5,000,000 or to
award a grant in excess of such amount unless the prospective contractor
or grantee certifies in writing to the agency awarding the contract or
grant that, to the best of its knowledge and belief, the contractor or
grantee has filed all Federal tax returns required during the 3 years
preceding the certification, has not been convicted of a criminal
offense under the Internal Revenue Code of 1986, and has not, more than
90 days prior to certification, been notified of any unpaid Federal tax
assessment for which the liability remains unsatisfied, unless the
assessment is the subject of an installment agreement or offer in
compromise that has been approved by the Internal Revenue Service and is
not in default, or the assessment is the subject of a non-frivolous
administrative or judicial proceeding.
Sec. 520. <<NOTE: Claims.>> None of the funds appropriated in this
Act shall be expended or obligated by the Commissioner of Social
Security, for purposes of administering Social Security benefit payments
under title II of the Social Security Act, to process any claim for
credit for a quarter of coverage based on work performed under a social
security account number that is not the claimant's number and the
performance of such work under such number has formed the basis for a
conviction of the claimant of a violation of section 208(a)(6) or (7) of
the Social Security Act.
Sec. 521. <<NOTE: Mexico.>> None of the funds appropriated by this
Act may be used by the Commissioner of Social Security or the Social
Security Administration to pay the compensation of employees of the
Social Security Administration to administer Social Security benefit
payments, under any agreement between the United States and Mexico
establishing totalization arrangements between the social security
system established by title II of the Social Security Act and the social
security system of Mexico, which would not otherwise be payable but for
such agreement.
[[Page 125 STAT. 1115]]
(rescission)
Sec. 522. Of the funds made available for performance bonus
payments under section 2105(a)(3)(E) of the Social Security Act,
$6,367,964,000 are hereby rescinded.
Sec. 523. <<NOTE: Needle distribution.>> Notwithstanding any other
provision of this Act, no funds appropriated in this Act shall be used
to carry out any program of distributing sterile needles or syringes for
the hypodermic injection of any illegal drug.
(rescission)
Sec. 524. Of the funds made available under section 1322 of Public
Law 111-148, $400,000,000 are rescinded.
(rescission)
Sec. 525. Of the funds made available for fiscal year 2012 under
section 3403 of Public Law 111-148, $10,000,000 are rescinded.
Sec. 526. <<NOTE: Deadlines. Reports. 31 USC 1502 note.>> Not later
than 30 days after the end of each calendar quarter, beginning with the
first quarter of fiscal year 2013, the Departments of Labor, Health and
Human Services and Education and the Social Security Administration
shall provide the Committees on Appropriations of the House of
Representatives and Senate a quarterly report on the status of balances
of appropriations: Provided, That for balances that are unobligated and
uncommitted, committed, and obligated but unexpended, the quarterly
reports shall separately identify the amounts attributable to each
source year of appropriation (beginning with fiscal year 2012, or, to
the extent feasible, earlier fiscal years) from which balances were
derived.
Sec. 527. (a) Across-the-Board Rescissions.--There is hereby
rescinded an amount equal to 0.189 percent of--
(1) the budget authority provided for fiscal year 2012 for
any discretionary account of this Act; and
(2) the budget authority provided in any advance
appropriation for fiscal year 2012 for any discretionary account
in prior Acts making appropriations for the Departments of
Labor, Health and Human Services, and Education, and Related
Agencies.
(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 such subsection; and
(2) within each such account and item, to each program,
project, and activity (with programs, projects, and activities
as delineated in this Act or the accompanying statement of
managers).
(c) Exception.--This section shall not apply to discretionary
authority appropriated for the Federal Pell Grants program under the
heading ``Department of Education, Student Financial Assistance''.
(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
[[Page 125 STAT. 1116]]
the account and amount of each rescission made pursuant to this section.
This division may be cited as the ``Departments of Labor, Health and
Human Services, and Education, and Related Agencies Appropriations Act,
2012''.
DIVISION G--LEGISLATIVE <<NOTE: Legislative Branch Appropriations Act,
2012. 2 USC 60a note.>> BRANCH APPROPRIATIONS ACT, 2012
TITLE I
LEGISLATIVE BRANCH
SENATE
Expense Allowances
For expense allowances of the Vice President, $18,760; the President
Pro Tempore of the Senate, $37,520; Majority Leader of the Senate,
$39,920; Minority Leader of the Senate, $39,920; Majority Whip of the
Senate, $9,980; Minority Whip of the Senate, $9,980; Chairmen of the
Majority and Minority Conference Committees, $4,690 for each Chairman;
and Chairmen of the Majority and Minority Policy Committees, $4,690 for
each Chairman; in all, $174,840.
Representation Allowances for the Majority and Minority Leaders
For representation allowances of the Majority and Minority Leaders
of the Senate, $14,070 for each such Leader; in all, $28,140.
Salaries, Officers and Employees
For compensation of officers, employees, and others as authorized by
law, including agency contributions, $175,763,738, which shall be paid
from this appropriation without regard to the following limitations:
office of the vice president
For the Office of the Vice President, $2,361,248.
office of the president pro tempore
For the Office of the President Pro Tempore, $705,466.
offices of the majority and minority leaders
For Offices of the Majority and Minority Leaders, $5,201,576.
offices of the majority and minority whips
For Offices of the Majority and Minority Whips, $3,281,424.
committee on appropriations
For salaries of the Committee on Appropriations, $14,863,573.
[[Page 125 STAT. 1117]]
conference committees
For the Conference of the Majority and the Conference of the
Minority, at rates of compensation to be fixed by the Chairman of each
such committee, $1,619,195 for each such committee; in all, $3,238,390.
offices of the secretaries of the conference of the majority and the
conference of the minority
For Offices of the Secretaries of the Conference of the Majority and
the Conference of the Minority, $797,402.
policy committees
For salaries of the Majority Policy Committee and the Minority
Policy Committee, $1,653,905 for each such committee; in all,
$3,307,810.
office of the chaplain
For Office of the Chaplain, $405,886.
office of the secretary
For Office of the Secretary, $24,194,115.
office of the sergeant at arms and doorkeeper
For Office of the Sergeant at Arms and Doorkeeper, $73,000,000.
offices of the secretaries for the majority and minority
For Offices of the Secretary for the Majority and the Secretary for
the Minority, $1,722,388.
agency contributions and related expenses
For agency contributions for employee benefits, as authorized by
law, and related expenses, $42,684,460.
Office of the Legislative Counsel of the Senate
For salaries and expenses of the Office of the Legislative Counsel
of the Senate, $6,995,300.
Office of Senate Legal Counsel
For salaries and expenses of the Office of Senate Legal Counsel,
$1,449,000.
Expense Allowances of the Secretary of the Senate, Sergeant at Arms and
Doorkeeper of the Senate, and Secretaries for the Majority and Minority
of the Senate
For expense allowances of the Secretary of the Senate, $7,110;
Sergeant at Arms and Doorkeeper of the Senate, $7,110; Secretary for the
Majority of the Senate, $7,110; Secretary for the Minority of the
Senate, $7,110; in all, $28,440.
[[Page 125 STAT. 1118]]
Contingent Expenses of the Senate
inquiries and investigations
For expenses of inquiries and investigations ordered by the Senate,
or conducted under paragraph 1 of rule XXVI of the Standing Rules of the
Senate, section 112 of the Supplemental Appropriations and Rescission
Act, 1980 (Public Law 96-304), and Senate Resolution 281, 96th Congress,
agreed to March 11, 1980, $131,305,860, of which $26,650,000 shall be
available until September 30, 2014.
expenses of the united states senate caucus on international narcotics
control
For expenses of the United States Senate Caucus on International
Narcotics Control, $487,822.
secretary of the senate
For expenses of the Office of the Secretary of the Senate $5,816,344
of which $4,200,000 shall remain available until September 30, 2016.
sergeant at arms and doorkeeper of the senate
For expenses of the Office of the Sergeant at Arms and Doorkeeper of
the Senate, $130,722,080, which shall remain available until September
30, 2016.
miscellaneous items
For miscellaneous items, $19,360,000, which shall remain available
until September 30, 2014.
senators' official personnel and office expense account
For Senators' Official Personnel and Office Expense Account,
$396,180,000 of which $18,921,206 shall remain available until September
30, 2014.
official mail costs
For expenses necessary for official mail costs of the Senate,
$281,436.
administrative provision
payment of certain expenses
Sec. 1. <<NOTE: 2 USC 68f.>> (a) In General.--Subject to the
approval of the Committee on Appropriations of the Senate, if in any
fiscal year amounts in any appropriations account under the heading
``SENATE'' under the heading ``LEGISLATIVE BRANCH'' are available for
more than 1 fiscal year, the Secretary of the Senate may establish
procedures for the payment of expenses with respect to that account from
any amounts available for that fiscal year.
(b) Effective Date.--This section shall apply to fiscal year 2012
and each fiscal year thereafter.
[[Page 125 STAT. 1119]]
HOUSE OF REPRESENTATIVES
Salaries and Expenses
For salaries and expenses of the House of Representatives,
$1,225,680,000, as follows:
house leadership offices
For salaries and expenses, as authorized by law, $23,275,773,
including: Office of the Speaker, $6,942,770, including $25,000 for
official expenses of the Speaker; Office of the Majority Floor Leader,
$2,277,595, including $10,000 for official expenses of the Majority
Leader; Office of the Minority Floor Leader, $7,432,812, including
$10,000 for official expenses of the Minority Leader; Office of the
Majority Whip, including the Chief Deputy Majority Whip, $1,971,050,
including $5,000 for official expenses of the Majority Whip; Office of
the Minority Whip, including the Chief Deputy Minority Whip, $1,524,951,
including $5,000 for official expenses of the Minority Whip; Republican
Conference, $1,572,788; Democratic Caucus, $1,553,807. In addition to
the amounts made available above, for salaries and expenses under this
heading, to be available during the period beginning September 30, 2012,
and ending December 31, 2013; $5,818,948, including: Office of the
Speaker, $1,735,694, including $6,250 for official expenses of the
Speaker; Office of the Majority Floor Leader, $569,399, including $2,500
for official expenses of the Majority Leader; Office of the Minority
Floor Leader, $1,858,205, including $2,500 for official expenses of the
Minority Leader; Office of the Majority Whip, including the Chief Deputy
Majority Whip, $492,763, including $1,250 for official expenses of the
Majority Whip; Office of the Minority Whip, including the Chief Deputy
Minority Whip, $381,238, including $1,250 for official expenses of the
Minority Whip; Republican Conference, $393,197; Democratic Caucus,
$388,452.
Members' Representational Allowances
Including Members' Clerk Hire, Official Expenses of Members, and
Official Mail
For Members' representational allowances, including Members' clerk
hire, official expenses, and official mail, $573,939,282.
Committee Employees
Standing Committees, Special and Select
For salaries and expenses of standing committees, special and
select, authorized by House resolutions, $125,964,870: Provided, That
such amount shall remain available for such salaries and expenses until
December 31, 2012.
Committee on Appropriations
For salaries and expenses of the Committee on Appropriations,
$26,665,785, including studies and examinations of executive agencies
and temporary personal services for such committee, to be
[[Page 125 STAT. 1120]]
expended in accordance with section 202(b) of the Legislative
Reorganization Act of 1946 and to be available for reimbursement to
agencies for services performed: Provided, That such amount shall
remain available for such salaries and expenses until December 31, 2012.
Salaries, Officers and Employees
For salaries and expenses of officers and employees, as authorized
by law, $177,628,400, including: for salaries and expenses of the Office
of the Clerk, including not more than $23,000, of which not more than
$20,000 is for the Family Room, for official representation and
reception expenses, $26,114,400, of which $2,000,000 shall remain
available until expended; for salaries and expenses of the Office of the
Sergeant at Arms, including the position of Superintendent of Garages
and the Office of Emergency Management, and including not more than
$3,000 for official representation and reception expenses, $12,585,000
of which $4,445,000 shall remain available until expended; for salaries
and expenses of the Office of the Chief Administrative Officer including
not more than $3,000 for official representation and reception expenses,
$116,782,000, of which $3,937,000 shall remain available until expended;
for salaries and expenses of the Office of the Inspector General,
$5,045,000; for salaries and expenses of the Office of General Counsel,
$1,415,000; for the Office of the Chaplain, $179,000; for salaries and
expenses of the Office of the Parliamentarian, including the
Parliamentarian, $2,000 for preparing the Digest of Rules, and not more
than $1,000 for official representation and reception expenses,
$2,060,000; for salaries and expenses of the Office of the Law Revision
Counsel of the House, $3,258,000; for salaries and expenses of the
Office of the Legislative Counsel of the House, $8,814,000; for salaries
and expenses of the Office of Interparliamentary Affairs, $859,000; for
other authorized employees, $347,000; and for salaries and expenses of
the Historian, $170,000.
Allowances and Expenses
For allowances and expenses as authorized by House resolution or
law, $292,386,942, including: supplies, materials, administrative costs
and Federal tort claims, $3,696,118; official mail for committees,
leadership offices, and administrative offices of the House, $201,000;
Government contributions for health, retirement, Social Security, and
other applicable employee benefits, $264,848,219; Business Continuity
and Disaster Recovery, $17,112,072, of which $5,000,000 shall remain
available until expended; transition activities for new members and
staff, $1,721,533; Wounded Warrior Program $2,500,000, to remain
available until expended; Office of Congressional Ethics, $1,548,000;
and miscellaneous items including purchase, exchange, maintenance,
repair and operation of House motor vehicles, interparliamentary
receptions, and gratuities to heirs of deceased employees of the House,
$760,000.
Administrative Provisions
Sec. 101. (a) Requiring Amounts Remaining in Members'
Representational Allowances To Be Used for Deficit Reduction or To
Reduce the Federal Debt.--Notwithstanding any
[[Page 125 STAT. 1121]]
other provision of law, any amounts appropriated under this Act for
``HOUSE OF REPRESENTATIVES--Salaries and Expenses--Members'
Representational Allowances'' shall be available only for fiscal year
2012. Any amount remaining after all payments are made under such
allowances for fiscal year 2012 shall be deposited in the Treasury and
used for deficit reduction (or, if there is no Federal budget deficit
after all such payments have been made, for reducing the Federal debt,
in such manner as the Secretary of the Treasury considers appropriate).
(b) Regulations.--The Committee on House Administration of the House
of Representatives shall have authority to prescribe regulations to
carry out this section.
(c) Definition.--As used in this section, the term ``Member of the
House of Representatives'' means a Representative in, or a Delegate or
Resident Commissioner to, the Congress.
Republican Policy Committee
Sec. 102. (a) Section 109(a) of the Legislative Branch
Appropriations Act, 2005 (2 U.S.C. 74a-13(a)) is amended by striking
``the chair of the Republican Conference'' and inserting the following:
``the Speaker of the House of Representatives (or, if the Speaker is not
a member of the Republican Party, the Minority Leader of the House of
Representatives)''.
(b) Section 109(b) of such Act (2 U.S.C. 74a-13(b)) is amended by
striking the period at the end and inserting the following: ``, and
which shall be obligated and expended as directed by the Speaker (or, if
the Speaker is not a member of the Republican party, the Minority
Leader).''.
(c) <<NOTE: Applicability. 2 USC 74a-13 note.>> The amendment made
by subsection (a) shall apply with respect to fiscal year 2012 and each
succeeding fiscal year.
Authority of Speaker and Minority Leader to Allocate Funds Among Certain
House Leadership Offices
Sec. 103. <<NOTE: 2 USC 74a-11a.>> (a) Authority of Speaker.--
(1) Authority described.--Notwithstanding any other
provision of law (including any provision of law that sets forth
an allowance for official expenses), the amount appropriated or
otherwise made available during a Congress for the salaries and
expenses of any office or authority described in paragraph (2)
shall be the amount allocated for such office or authority by
the Speaker of the House of Representatives from the aggregate
amount appropriated or otherwise made available for all such
offices and authorities.
(2) Offices and authorities described.--The offices and
authorities described in this paragraph are as follows:
(A) The Office of the Speaker.
(B) The Speaker's Office for Legislative Floor
Activities.
(C) The Republican Steering Committee (if the
Speaker is a member of the Republican party) or the
Democratic Steering and Policy Committee (if the Speaker
is a member of the Democratic party).
(D) The Republican Policy Committee (if the Speaker
is a member of the Republican party).
(E) Training and program development--majority (as
described under the heading ``House leadership offices''
in
[[Page 125 STAT. 1122]]
the most recent bill making appropriations for the
legislative branch that was enacted prior to the date of
the enactment of this Act).
(F) Cloakroom personnel--majority (as so described).
(b) Authority of Minority Leader.--
(1) Authority described.--Notwithstanding any other
provision of law (including any provision of law that sets forth
an allowance for official expenses), the amount appropriated or
otherwise made available during a Congress for the salaries and
expenses of any office or authority described in paragraph (2)
shall be the amount allocated for such office or authority by
the Minority Leader of the House of Representatives from the
aggregate amount appropriated or otherwise made available for
all such offices and authorities.
(2) Offices and authorities described.--The offices and
authorities described in this paragraph are as follows:
(A) The Office of the Minority Leader.
(B) The Democratic Steering and Policy Committee (if
the Minority Leader is a member of the Democratic party)
or the Republican Steering Committee (if the Minority
Leader is a member of the Republican party).
(C) The Republican Policy Committee (if the Minority
Leader is a member of the Republican party).
(D) Training and program development--minority (as
described under the heading ``House leadership offices''
in the most recent bill making appropriations for the
legislative branch that was enacted prior to the date of
the enactment of this Act).
(E) Cloakroom personnel--minority (as so described).
(F) Nine minority employees (as so described).
(c) Effective Date.--This section shall apply with respect to any
months occurring during the One Hundred Twelfth Congress that begin
after the date of the enactment of this Act, and to any succeeding
Congress.
Republican Conference and the Democratic Steering and Policy Committee
Sec. 104. (a) Section 103(b) of the Legislative Branch
Appropriations Act, 1999 (2 U.S.C. 74a-8(b)) is amended--
(1) in the matter preceding paragraph (1), by striking
``Subject to the allocation described in subsection (c), funds''
and inserting ``Funds'';
(2) in paragraph (1), by striking ``direct;'' and inserting
the following: ``direct (or, if the Speaker is not a member of
the Republican Party, under such terms and conditions as the
Minority Leader of the House of Representatives may direct);'';
and
(3) in paragraph (2), by striking ``direct.'' and inserting
the following: ``direct (or, if the Speaker is a member of the
Democratic Party, under such terms and conditions as the Speaker
may direct).''.
(b) Section 103 of such Act (2 U.S.C. 74a-8(c)) is amended--
(1) by striking subsection (c); and
(2) by redesignating subsection (d) as subsection (c).
[[Page 125 STAT. 1123]]
(c) <<NOTE: Effective date. 2 USC 74a-8 note.>> The amendments made
by this section shall take effect as if included in the enactment of the
Legislative Branch Appropriations Act, 1999.
Transfer of House Emergency Planning, Preparedness, and Operations
Functions to Sergeant at Arms
Sec. 105. <<NOTE: Effective date.>> Effective February 1, 2010--
(1) <<NOTE: Repeal.>> section 905 of the Emergency
Supplemental Act, 2002 (2 U.S.C. 130i) is repealed; and
(2) the functions and responsibilities of the Office of
Emergency Planning, Preparedness and Operations under section
905 of such Act are transferred and assigned to the Sergeant at
Arms of the House of Representatives.
JOINT ITEMS
For Joint Committees, as follows:
Joint Economic Committee
For salaries and expenses of the Joint Economic Committee,
$4,203,000, to be disbursed by the Secretary of the Senate.
Joint Congressional Committee on Inaugural Ceremonies of 2013
For salaries and expenses associated with conducting the inaugural
ceremonies of the President and Vice President of the United States,
January 20, 2013, in accordance with such program as may be adopted by
the joint congressional committee authorized to conduct the inaugural
ceremonies of 2013, $1,237,000 to be disbursed by the Secretary of the
Senate and to remain available until September 30, 2013. Funds made
available under this heading shall be available for payment, on a direct
or reimbursable basis, whether incurred on, before, or after, October 1,
2012: Provided, That the compensation of any employee of the Committee
on Rules and Administration of the Senate who has been designated to
perform service with respect to the inaugural ceremonies of 2013 shall
continue to be paid by the Committee on Rules and Administration, but
the account from which such staff member is paid may be reimbursed for
the services of the staff member (including agency contributions when
appropriate) out of funds made available under this heading.
Joint Committee on Taxation
For salaries and expenses of the Joint Committee on Taxation,
$10,004,000, to be disbursed by the Chief Administrative Officer of the
House of Representatives.
For other joint items, as follows:
Office of the Attending Physician
For medical supplies, equipment, and contingent expenses of the
emergency rooms, and for the Attending Physician and his assistants,
including: (1) an allowance of $2,175 per month to the Attending
Physician; (2) an allowance of $1,300 per month to the Senior Medical
Officer; (3) an allowance of $725 per month each
[[Page 125 STAT. 1124]]
to three medical officers while on duty in the Office of the Attending
Physician; (4) an allowance of $725 per month to 2 assistants and $580
per month each not to exceed 11 assistants on the basis heretofore
provided for such assistants; and (5) $2,427,000 for reimbursement to
the Department of the Navy for expenses incurred for staff and equipment
assigned to the Office of the Attending Physician, which shall be
advanced and credited to the applicable appropriation or appropriations
from which such salaries, allowances, and other expenses are payable and
shall be available for all the purposes thereof, $3,400,000, to be
disbursed by the Chief Administrative Officer of the House of
Representatives.
Office of Congressional Accessibility Services
Salaries and Expenses
For salaries and expenses of the Office of Congressional
Accessibility Services, $1,363,000, to be disbursed by the Secretary of
the Senate.
administrative provision
Sec. 1001. (a) In General.--Section 102(a) of the Legislative Branch
Appropriations Act, 2002 (2 U.S.C. 60c-5(a)) is amended--
(1) in paragraph (1), by inserting ``, except as provided
under subsection (b)(3)'' after ``means an individual''; and
(2) by striking paragraphs (2) and (3) and inserting the
following:
``(2) Employee of the senate.--The term `employee of the
Senate'--
``(A) has the meaning given the term under section
101 of the Congressional Accountability Act of 1995 (2
U.S.C. 1301); and
``(B) includes any employee of the Office of
Congressional Accessibility Services whose pay is
disbursed by the Secretary of the Senate.
``(3) Employing office.--The term `employing office'--
``(A) means the employing office, as defined under
section 101 of the Congressional Accountability Act of
1995 (2 U.S.C. 1301), of an employee of the Senate; and
``(B) includes the Office of Congressional
Accessibility Services with respect to employees of that
office whose pay is disbursed by the Secretary of the
Senate.''.
(b) Exclusion From Participation in Dual Programs.--Section 102(b)
of the Legislative Branch Appropriations Act, 2002 (2 U.S.C. 60c-5(b))
is amended by adding at the end the following:
``(3) Exclusion from participation in dual programs.--
Notwithstanding section 5379 of title 5, United States Code, an
employee of the Office of Congressional Accessibility Services
may not participate in the student loan repayment program
through an agreement under that section and participate in the
student loan repayment program through a service agreement under
this section at the same time.''.
(c) <<NOTE: 2 USC 60c-5 note.>> Effective Date and Application.--The
amendments made by this section shall take effect on the date of
enactment of this Act and apply to service agreements entered into under
section 102 of the Legislative Branch Appropriations Act, 2002 (2 U.S.C.
[[Page 125 STAT. 1125]]
60c-5) or section 5379 of title 5, United States Code, on or after that
date.
CAPITOL POLICE
Salaries
For salaries of employees of the Capitol Police, including overtime,
hazardous duty pay differential, and Government contributions for
health, retirement, social security, professional liability insurance,
and other applicable employee benefits, $277,133,000, to be disbursed by
the Chief of the Capitol Police or his designee.
General Expenses
For necessary expenses of the Capitol Police, including motor
vehicles, communications and other equipment, security equipment and
installation, uniforms, weapons, supplies, materials, training, medical
services, forensic services, stenographic services, personal and
professional services, the employee assistance program, the awards
program, postage, communication services, travel advances, relocation of
instructor and liaison personnel for the Federal Law Enforcement
Training Center, and not more than $5,000 to be expended on the
certification of the Chief of the Capitol Police in connection with
official representation and reception expenses, $63,004,000, of which
$2,400,000 shall remain available until September 30, 2014, to be
disbursed by the Chief of the Capitol Police or his designee: Provided,
That, notwithstanding any other provision of law, the cost of basic
training for the Capitol Police at the Federal Law Enforcement Training
Center for fiscal year 2012 shall be paid by the Secretary of Homeland
Security from funds available to the Department of Homeland Security.
Administrative Provisions
(including transfer of funds)
Sec. 1101. Amounts appropriated for fiscal year 2012 for the
Capitol Police may be transferred between the headings ``Salaries'' and
``General expenses'' upon the approval of the Committees on
Appropriations of the House of Representatives and the Senate.
waiver by chief of capitol police of claims arising out of erroneous
payments to officers and employees
Sec. 1102. <<NOTE: 2 USC 1934.>> (a) Waiver of Claim.--Subject to
the joint approval of the Chief Administrative Officer of the House of
Representatives and the Secretary of the Senate, the Chief of the United
States Capitol Police may waive in whole or in part a claim of the
United States against a person arising out of an erroneous payment of
any pay or allowances, other than travel and transportation expenses and
allowances, to an officer, member, or employee of the United States
Capitol Police, if the collection of the claim would be against equity
and good conscience and not in the best interests of the United States.
(b) Investigation of Application; Report.--The Chief shall
investigate each application for the waiver of a claim under subsection
(a) and shall submit a written report of the investigation,
[[Page 125 STAT. 1126]]
including a description of the facts and circumstances of the claim, to
the Chief Administrative Officer of the House of Representatives and the
Secretary of the Senate, except that if the aggregate amount of the
claim involved exceeds $1,500, the Comptroller General may also
investigate the application and submit a written report of the
investigation, including a description of the facts and circumstances of
the claim, to the Chief Administrative Officer of the House of
Representatives and the Secretary of the Senate.
(c) Prohibition of Waiver Under Certain Circumstances.--The Chief
may not exercise the authority to waive a claim under subsection (a)
if--
(1) in the Chief's opinion, there exists in connection with
the claim an indication of fraud, misrepresentation, fault, or
lack of good faith on the part of the officer, member, or
employee involved or of any other person having an interest in
obtaining a waiver of the claim; or
(2) the Chief receives the application for the waiver after
the expiration of the 3-year period that begins on the date on
which the erroneous payment of pay or allowances was discovered.
(d) Credit for Waiver.--In the audit and settlement of accounts of
any accountable officer or official, full credit shall be given for any
amounts with respect to which collection by the United States is waived
under subsection (a).
(e) Effect of Waiver.--An erroneous payment, the collection of which
is waived under subsection (a), is deemed a valid payment for all
purposes.
(f) Construction With Other Laws.--This section does not affect any
authority under any other law to litigate, settle, compromise, or waive
any claim of the United States.
(g) Rules and Regulations.--Subject to the approval of the Chief
Administrative Officer of the House of Representatives and the Secretary
of the Senate, the Chief shall promulgate rules and regulations to carry
out this section.
(h) Effective Date.--This <<NOTE: Applicability.>> section shall
apply with respect to payments of pay and allowances made at any time
after the Chief became the disbursing officer for the United States
Capitol Police pursuant to section 1018(a) of the Legislative Branch
Appropriations Act, 2003 (2 U.S.C. 1907(a)).
OFFICE OF COMPLIANCE
Salaries and Expenses
For salaries and expenses of the Office of Compliance, as authorized
by section 305 of the Congressional Accountability Act of 1995 (2 U.S.C.
1385), $3,817,000, of which $700,000 shall remain available until
September 30, 2013: Provided, That not more than $500 may be expended
on the certification of the Executive Director of the Office of
Compliance in connection with official representation and reception
expenses.
CONGRESSIONAL BUDGET OFFICE
Salaries and Expenses
For salaries and expenses necessary for operation of the
Congressional Budget Office, including not more than $6,000 to
[[Page 125 STAT. 1127]]
be expended on the certification of the Director of the Congressional
Budget Office in connection with official representation and reception
expenses, $43,787,000.
ARCHITECT OF THE CAPITOL
General Administration
For salaries for the Architect of the Capitol, and other personal
services, at rates of pay provided by law; for surveys and studies in
connection with activities under the care of the Architect of the
Capitol; for all necessary expenses for the general and administrative
support of the operations under the Architect of the Capitol including
the Botanic Garden; electrical substations of the Capitol, Senate and
House office buildings, and other facilities under the jurisdiction of
the Architect of the Capitol; including furnishings and office
equipment; including not more than $5,000 for official reception and
representation expenses, to be expended as the Architect of the Capitol
may approve; for purchase or exchange, maintenance, and operation of a
passenger motor vehicle, $101,340,000, of which $3,749,000 shall remain
available until September 30, 2016.
Capitol Building
For all necessary expenses for the maintenance, care and operation
of the Capitol, $36,154,000, of which $11,063,000 shall remain available
until September 30, 2016.
Capitol Grounds
For all necessary expenses for care and improvement of grounds
surrounding the Capitol, the Senate and House office buildings, and the
Capitol Power Plant, $9,852,000.
Senate Office Buildings
For all necessary expenses for the maintenance, care and operation
of Senate office buildings; and furniture and furnishings to be expended
under the control and supervision of the Architect of the Capitol,
$71,128,000, of which $13,128,000 shall remain available until September
30, 2016.
House Office Buildings
For all necessary expenses for the maintenance, care and operation
of the House office buildings, $94,154,000, of which $45,631,000 shall
remain available until September 30, 2016.
In addition, for a payment to the House Historic Buildings
Revitalization Trust Fund, $30,000,000, shall remain available until
expended.
Capitol Power Plant
For all necessary expenses for the maintenance, care and operation
of the Capitol Power Plant; lighting, heating, power (including the
purchase of electrical energy) and water and sewer services for the
Capitol, Senate and House office buildings, Library of Congress
buildings, and the grounds about the same, Botanic Garden,
[[Page 125 STAT. 1128]]
Senate garage, and air conditioning refrigeration not supplied from
plants in any of such buildings; heating the Government Printing Office
and Washington City Post Office, and heating and chilled water for air
conditioning for the Supreme Court Building, the Union Station complex,
the Thurgood Marshall Federal Judiciary Building and the Folger
Shakespeare Library, expenses for which shall be advanced or reimbursed
upon request of the Architect of the Capitol and amounts so received
shall be deposited into the Treasury to the credit of this
appropriation, $123,229,000, of which $37,617,000 shall remain available
until September 30, 2016: Provided, That not more than $9,000,000 of
the funds credited or to be reimbursed to this appropriation as herein
provided shall be available for obligation during fiscal year 2012.
Library Buildings and Grounds
For all necessary expenses for the mechanical and structural
maintenance, care and operation of the Library buildings and grounds,
$46,876,000, of which $21,116,000 shall remain available until September
30, 2016.
Capitol Police Buildings, Grounds and Security
For all necessary expenses for the maintenance, care and operation
of buildings, grounds and security enhancements of the United States
Capitol Police, wherever located, the Alternate Computer Facility, and
AOC security operations, $21,500,000, of which $3,473,000 shall remain
available until September 30, 2016.
Botanic Garden
For all necessary expenses for the maintenance, care and operation
of the Botanic Garden and the nurseries, buildings, grounds, and
collections; and purchase and exchange, maintenance, repair, and
operation of a passenger motor vehicle; all under the direction of the
Joint Committee on the Library, $12,000,000: Provided, That of the
amount made available under this heading, the Architect of the Capitol
may obligate and expend such sums as may be necessary for the
maintenance, care and operation of the National Garden established under
section 307E of the Legislative Branch Appropriations Act, 1989 (2
U.S.C. 2146), upon vouchers approved by the Architect of the Capitol or
a duly authorized designee.
Capitol Visitor Center
For all necessary expenses for the operation of the Capitol Visitor
Center, $21,276,000.
Administrative Provisions
(including transfer of funds)
use of construction project funds to reimburse capitol police for
related overtime costs
Sec. 1201. <<NOTE: 2 USC 1862a.>> (a) Payment of Overtime Costs.--
The Architect of the Capitol shall transfer amounts made available for
construction projects during a fiscal year to the applicable
appropriations accounts of the United States Capitol Police in order to
reimburse
[[Page 125 STAT. 1129]]
the Capitol Police for overtime costs incurred in connection with such
projects.
(b) Effective Date.--This section shall apply with respect to fiscal
year 2013 and each succeeding fiscal year.
transfer to architect of the capitol
Sec. 1202. <<NOTE: 2 USC 1811 note.>> (a) Transfer.--To the extent
that the Director of the National Park Service has jurisdiction and
control over any portion of the area described in subsection (b) and any
monument or other facility which is located within such area, such
jurisdiction and control is hereby transferred to the Architect of the
Capitol as of the date of the enactment of this Act.
(b) Area Described.--The area described in this subsection is the
property which is bounded on the north by Pennsylvania Avenue Northwest,
on the east by First Street Northwest and First Street Southwest, on the
south by Maryland Avenue Southwest, and on the west by Third Street
Southwest and Third Street Northwest.
LIBRARY OF CONGRESS
Salaries and Expenses
For necessary expenses of the Library of Congress not otherwise
provided for, including development and maintenance of the Library's
catalogs; custody and custodial care of the Library buildings; special
clothing; cleaning, laundering and repair of uniforms; preservation of
motion pictures in the custody of the Library; operation and maintenance
of the American Folklife Center in the Library; activities under the
Civil Rights History Project Act of 2009; preparation and distribution
of catalog records and other publications of the Library; hire or
purchase of one passenger motor vehicle; and expenses of the Library of
Congress Trust Fund Board not properly chargeable to the income of any
trust fund held by the Board, $420,093,000, of which not more than
$6,000,000 shall be derived from collections credited to this
appropriation during fiscal year 2012, and shall remain available until
expended, under the Act of June 28, 1902 (chapter 1301; 32 Stat. 480; 2
U.S.C. 150) and not more than $350,000 shall be derived from collections
during fiscal year 2012 and shall remain available until expended for
the development and maintenance of an international legal information
database and activities related thereto: Provided, That the Library of
Congress may not obligate or expend any funds derived from collections
under the Act of June 28, 1902, in excess of the amount authorized for
obligation or expenditure in appropriations Acts: Provided further,
That the total amount available for obligation shall be reduced by the
amount by which collections are less than $6,350,000: Provided further,
That of the total amount appropriated, not more than $12,000 may be
expended, on the certification of the Librarian of Congress, in
connection with official representation and reception expenses for the
Overseas Field Offices: Provided further, That of the total amount
appropriated, $6,959,000 shall remain available until expended for the
digital collections and educational curricula program.
[[Page 125 STAT. 1130]]
Copyright Office
Salaries and Expenses
For all necessary expenses of the Copyright Office, $51,650,000, of
which not more than $28,029,000, to remain available until expended,
shall be derived from collections credited to this appropriation during
fiscal year 2012 under section 708(d) of title 17, United States Code:
Provided, That not more than $2,000,000 shall be derived from prior year
available unobligated balances: Provided further, That the Copyright
Office may not obligate or expend any funds derived from collections
under such section, in excess of the amount authorized for obligation or
expenditure in appropriations Acts: Provided further, That not more
than $5,484,000 shall be derived from collections during fiscal year
2012 under sections 111(d)(2), 119(b)(2), 803(e), 1005, and 1316 of such
title: Provided further, That the total amount available for obligation
shall be reduced by the amount by which collections and prior year
available unobligated balances are less than $35,513,000: Provided
further, That not more than $100,000 of the amount appropriated is
available for the maintenance of an ``International Copyright
Institute'' in the Copyright Office of the Library of Congress for the
purpose of training nationals of developing countries in intellectual
property laws and policies: Provided further, That not more than $4,250
may be expended, on the certification of the Librarian of Congress, in
connection with official representation and reception expenses for
activities of the International Copyright Institute and for copyright
delegations, visitors, and seminars: Provided further, That
notwithstanding any provision of chapter 8 of title 17, United States
Code, any amounts made available under this heading which are
attributable to royalty fees and payments received by the Copyright
Office pursuant to sections 111, 119, and chapter 10 of such title may
be used for the costs incurred in the administration of the Copyright
Royalty Judges program, with the exception of the costs of salaries and
benefits for the Copyright Royalty Judges and staff under section
802(e).
Congressional Research Service
Salaries and Expenses
For all necessary expenses to carry out the provisions of section
203 of the Legislative Reorganization Act of 1946 (2 U.S.C. 166) and to
revise and extend the Annotated Constitution of the United States of
America, $106,790,000: Provided, That no part of such amount may be
used to pay any salary or expense in connection with any publication, or
preparation of material therefor (except the Digest of Public General
Bills), to be issued by the Library of Congress unless such publication
has obtained prior approval of either the Committee on House
Administration of the House of Representatives or the Committee on Rules
and Administration of the Senate.
[[Page 125 STAT. 1131]]
Books for the Blind and Physically Handicapped
Salaries and Expenses
For salaries and expenses to carry out the Act of March 3, 1931
(chapter 400; 46 Stat. 1487; 2 U.S.C. 135a), $50,674,000:
Provided, <<NOTE: Contracts. Newspapers.>> That of the total amount
appropriated, $650,000 shall be available to contract to provide
newspapers to blind and physically handicapped residents at no cost to
the individual.
Administrative Provisions
Reimbursable and Revolving Fund Activities
Sec. 1301. (a) In General.--For fiscal year 2012, the obligational
authority of the Library of Congress for the activities described in
subsection (b) may not exceed $169,725,000.
(b) Activities.--The activities referred to in subsection (a) are
reimbursable and revolving fund activities that are funded from sources
other than appropriations to the Library in appropriations Acts for the
legislative branch.
(c) Transfer of Funds.--During fiscal year 2012, the Librarian of
Congress may temporarily transfer funds appropriated in this Act, under
the heading ``Library of Congress'', under the subheading ``Salaries and
Expenses'', to the revolving fund for the FEDLINK Program and the
Federal Research Program established under section 103 of the Library of
Congress Fiscal Operations Improvement Act of 2000 (Public Law 106-481;
2 U.S.C. 182c): Provided, That the total amount of such transfers may
not exceed $1,900,000: Provided further, That the appropriate revolving
fund account shall reimburse the Library for any amounts transferred to
it before the period of availability of the Library appropriation
expires.
Transfer Authority
Sec. 1302. (a) In General.--Amounts appropriated for fiscal year
2012 for the Library of Congress may be transferred during fiscal year
2012 between any of the headings under the heading ``Library of
Congress'' upon the approval of the Committees on Appropriations of the
House of Representatives and the Senate.
(b) Limitation.--Not more than 10 percent of the total amount of
funds appropriated to the account under any heading under the heading
``Library of Congress'' for fiscal year 2012 may be transferred from
that account by all transfers made under subsection (a).
funds available for workers compensation payments
Sec. 1303. <<NOTE: 2 USC 143d.>> (a) In General.--Available balances
of expired Library of Congress appropriations shall be available to the
Library of Congress to make the deposit to the credit of the Employees'
Compensation Fund required by subsection 8147(b) of title 5, United
States Code.
(b) Effective Date.--This section shall apply with respect to
appropriations for fiscal year 2012 and each fiscal year thereafter.
[[Page 125 STAT. 1132]]
permitting use of proceeds from disposition of surplus or obsolete
personal property
Sec. 1304. <<NOTE: 2 USC 149a.>> (a) Disposition of Property.--
Within the limits of available appropriations, the Librarian of Congress
may dispose of surplus or obsolete personal property of the Library of
Congress by interagency transfer, donation, sale, trade-in, or other
appropriate method.
(b) Use of Proceeds.--Any amounts received by the Librarian of
Congress from the disposition of property under subsection (a) shall be
credited to the funds available for the operations of the Library of
Congress, and shall be available to acquire the same or similar property
during the fiscal year in which the amounts are received and the
following fiscal year.
(c) Effective Date.--This section shall apply with respect to fiscal
year 2012 and each succeeding fiscal year.
GOVERNMENT PRINTING OFFICE
Congressional Printing and Binding
(including transfer of funds)
For authorized printing and binding for the Congress and the
distribution of Congressional information in any format; printing and
binding for the Architect of the Capitol; expenses necessary for
preparing the semimonthly and session index to the Congressional Record,
as authorized by law (section 902 of title 44, United States Code);
printing and binding of Government publications authorized by law to be
distributed to Members of Congress; and printing, binding, and
distribution of Government publications authorized by law to be
distributed without charge to the recipient, $90,700,000: Provided,
That this appropriation shall not be available for paper copies of the
permanent edition of the Congressional Record for individual
Representatives, Resident Commissioners or Delegates authorized under
section 906 of title 44, United States Code: Provided further, That
this appropriation shall be available for the payment of obligations
incurred under the appropriations for similar purposes for preceding
fiscal <<NOTE: Time period.>> years: Provided further, That
notwithstanding the 2-year limitation under section 718 of title 44,
United States Code, none of the funds appropriated or made available
under this Act or any other Act for printing and binding and related
services provided to Congress under chapter 7 of title 44, United States
Code, may be expended to print a document, report, or publication after
the 27-month period beginning on the date that such document, report, or
publication is authorized by Congress to be printed, unless Congress
reauthorizes such printing in accordance with section 718 of title 44,
United States Code: Provided further, That any unobligated or
unexpended balances in this account or accounts for similar purposes for
preceding fiscal years may be transferred to the Government Printing
Office revolving fund for carrying out the purposes of this heading,
subject to the approval of the Committees on Appropriations of the House
of Representatives and Senate: Provided further, That notwithstanding
sections 901, 902, and 906 of title 44, United States Code, this
appropriation may be used to prepare indexes to the Congressional Record
on only a monthly and session basis.
[[Page 125 STAT. 1133]]
Office of Superintendent of Documents
salaries and expenses
(including transfer of funds)
For expenses of the Office of Superintendent of Documents necessary
to provide for the cataloging and indexing of Government publications
and their distribution to the public, Members of Congress, other
Government agencies, and designated depository and international
exchange libraries as authorized by law, $35,000,000: Provided, That
amounts of not more than $2,000,000 from current year appropriations are
authorized for producing and disseminating congressional serial sets and
other related publications for fiscal years 2010 and 2011 to depository
and other designated libraries: Provided further, That any unobligated
or unexpended balances in this account or accounts for similar purposes
for preceding fiscal years may be transferred to the Government Printing
Office revolving fund for carrying out the purposes of this heading,
subject to the approval of the Committees on Appropriations of the House
of Representatives and Senate.
Government Printing Office Revolving Fund
For payment to the Government Printing Office Revolving Fund,
$500,000 for information technology development: Provided, That the
Government Printing Office is hereby authorized to make such
expenditures, within the limits of funds available and in accordance
with law, and to make such contracts and commitments without regard to
fiscal year limitations as provided by section 9104 of title 31, United
States Code, as may be necessary in carrying out the programs and
purposes set forth in the budget for the current fiscal year for the
Government Printing Office revolving fund: Provided further, That not
more than $7,500 may be expended on the certification of the Public
Printer in connection with official representation and reception
expenses: Provided further, That the revolving fund shall be available
for the hire or purchase of not more than 12 passenger motor vehicles:
Provided further, That expenditures in connection with travel expenses
of the advisory councils to the Public Printer shall be deemed necessary
to carry out the provisions of title 44, United States Code: Provided
further, That the revolving fund shall be available for temporary or
intermittent services under section 3109(b) of title 5, United States
Code, but at rates for individuals not more than the daily equivalent of
the annual rate of basic pay for level V of the Executive Schedule under
section 5316 of such title: Provided further, That activities financed
through the revolving fund may provide information in any format:
Provided further, That the revolving fund and the funds provided under
the headings ``Office of Superintendent of Documents'' and ``Salaries
and Expenses'' may not be used for contracted security services at GPO's
passport facility in the District of Columbia.
[[Page 125 STAT. 1134]]
GOVERNMENT ACCOUNTABILITY OFFICE
Salaries and Expenses
For <<NOTE: Regulations.>> necessary expenses of the Government
Accountability Office, including not more than $12,500 to be expended on
the certification of the Comptroller General of the United States in
connection with official representation and reception expenses;
temporary or intermittent services under section 3109(b) of title 5,
United States Code, but at rates for individuals not more than the daily
equivalent of the annual rate of basic pay for level IV of the Executive
Schedule under section 5315 of such title; hire of one passenger motor
vehicle; advance payments in foreign countries in accordance with
section 3324 of title 31, United States Code; benefits comparable to
those payable under sections 901(5), (6), and (8) of the Foreign Service
Act of 1980 (22 U.S.C. 4081(5), (6), and (8)); and under regulations
prescribed by the Comptroller General of the United States, rental of
living quarters in foreign countries, $511,296,000: Provided, That, in
addition, $22,304,000 of payments received under sections 782, 3521, and
9105 of title 31, United States Code, shall be available without fiscal
year limitation: Provided further, That this appropriation and
appropriations for administrative expenses of any other department or
agency which is a member of the National Intergovernmental Audit Forum
or a Regional Intergovernmental Audit Forum shall be available to
finance an appropriate share of either Forum's costs as determined by
the respective Forum, including necessary travel expenses of non-Federal
participants: Provided further, That payments hereunder to the Forum
may be credited as reimbursements to any appropriation from which costs
involved are initially financed.
Administrative Provision
Sec. 1401. (a) Section 210 of the Legislative Branch Appropriations
Act, 2005 (2 U.S.C. 60q) is amended--
(1) by striking subsection (d); and
(2) in subsection (f)(2)(A), by striking ``United States
Code'' and inserting ``United States Code, but excluding the
Government Accountability Office''.
(b) Section 3521(1) of title 5, United States Code, is amended by
striking ``section 105'' and inserting ``section 105 (other than the
Government Accountability Office)''.
(c) <<NOTE: Applicability. 2 USC 60q note.>> The amendments made by
this section shall apply with respect to voluntary separation incentive
payments made during fiscal year 2012 or any succeeding fiscal year.
OPEN WORLD LEADERSHIP CENTER TRUST FUND
For a payment to the Open World Leadership Center Trust Fund for
financing activities of the Open World Leadership Center under section
313 of the Legislative Branch Appropriations Act, 2001 (2 U.S.C. 1151),
$10,000,000.
JOHN C. STENNIS CENTER FOR PUBLIC SERVICE TRAINING AND DEVELOPMENT
For payment to the John C. Stennis Center for Public Service
Development Trust Fund established under section 116 of the John
[[Page 125 STAT. 1135]]
C. Stennis Center for Public Service Training and Development Act (2
U.S.C. 1105), $430,000.
TITLE II
GENERAL PROVISIONS
maintenance and care of private vehicles
Sec. 201. No part of the funds appropriated in this Act shall be
used for the maintenance or care of private vehicles, except for
emergency assistance and cleaning as may be provided under regulations
relating to parking facilities for the House of Representatives issued
by the Committee on House Administration and for the Senate issued by
the Committee on Rules and Administration.
fiscal year limitation
Sec. 202. No part of the funds appropriated in this Act shall
remain available for obligation beyond fiscal year 2012 unless expressly
so provided in this Act.
rates of compensation and designation
Sec. 203. Whenever in this Act any office or position not
specifically established by the Legislative Pay Act of 1929 (46 Stat. 32
et seq.) is appropriated for or the rate of compensation or designation
of any office or position appropriated for is different from that
specifically established by such Act, the rate of compensation and the
designation in this Act shall be the permanent law with respect thereto:
Provided, That the provisions in this Act for the various items of
official expenses of Members, officers, and committees of the Senate and
House of Representatives, and clerk hire for Senators and Members of the
House of Representatives shall be the permanent law with respect
thereto.
consulting services
Sec. 204. <<NOTE: Contracts.>> The expenditure of any appropriation
under this Act for any consulting service through procurement contract,
under section 3109 of title 5, United States Code, 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 under
existing law.
awards and settlements
Sec. 205. Such sums as may be necessary are appropriated to the
account described in subsection (a) of section 415 of the Congressional
Accountability Act of 1995 (2 U.S.C. 1415(a)) to pay awards and
settlements as authorized under such subsection.
costs of lbfmc
Sec. 206. Amounts available for administrative expenses of any
legislative branch entity which participates in the Legislative Branch
Financial Managers Council (LBFMC) established by
[[Page 125 STAT. 1136]]
charter on March 26, 1996, shall be available to finance an appropriate
share of LBFMC costs as determined by the LBFMC, except that the total
LBFMC costs to be shared among all participating legislative branch
entities (in such allocations among the entities as the entities may
determine) may not exceed $2,000.
landscape maintenance
Sec. 207. The Architect of the Capitol, in consultation with the
District of Columbia, is authorized to maintain and improve the
landscape features, excluding streets, in the irregular shaped grassy
areas bounded by Washington Avenue, SW, on the northeast, Second Street,
SW, on the west, Square 582 on the south, and the beginning of the I-395
tunnel on the southeast.
limitation on transfers
Sec. 208. 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.
guided tours of the capitol
Sec. 209. (a) Except as provided in subsection (b), none of the
funds made available to the Architect of the Capitol in this Act may be
used to eliminate or restrict guided tours of the United States Capitol
which are led by employees and interns of offices of Members of Congress
and other offices of the House of Representatives and Senate.
(b) At the direction of the Capitol Police Board, or at the
direction of the Architect of the Capitol with the approval of the
Capitol Police Board, guided tours of the United States Capitol which
are led by employees and interns described in subsection (a) may be
suspended temporarily or otherwise subject to restriction for security
or related reasons to the same extent as guided tours of the United
States Capitol which are led by the Architect of the Capitol.
Sec. 210. None of the funds made available in this Act may be used
to deliver a printed copy of a bill, joint resolution, or resolution to
the office of a Member of the House of Representatives (including a
Delegate or Resident Commissioner to the Congress) unless the Member
requests a copy.
Sec. 211. None of the funds made available by this Act may be used
to deliver a printed copy of any version of the Congressional Record to
the office of a Member of the House of Representatives (including a
Delegate or Resident Commissioner to the Congress).
Sec. 212. None of the funds made available in this Act may be used
by the Chief Administrative Officer of the House of Representatives to
make any payments from any Members' Representational Allowance for the
leasing of a vehicle, excluding mobile district offices, in an aggregate
amount that exceeds $1,000 for the vehicle in any month.
This division may be cited as the ``Legislative Branch
Appropriations Act, 2012''.
[[Page 125 STAT. 1137]]
DIVISION H--MILITARY <<NOTE: Military Construction and Veterans Affairs,
and Related Agencies Appropriations Act, 2012.>> CONSTRUCTION AND
VETERANS AFFAIRS AND RELATED AGENCIES APPROPRIATIONS ACT, 2012
TITLE I
DEPARTMENT OF DEFENSE
Military Construction, Army
For acquisition, construction, installation, and equipment of
temporary or permanent public works, military installations, facilities,
and real property for the Army as currently authorized by law, including
personnel in the Army Corps of Engineers and other personal services
necessary for the purposes of this appropriation, and for construction
and operation of facilities in support of the functions of the Commander
in Chief, $3,006,491,000, to remain available until September 30, 2016:
Provided, <<NOTE: Determination. Notification.>> That of this amount,
not to exceed $229,741,000 shall be available for study, planning,
design, architect and engineer services, and host nation support, as
authorized by law, unless the Secretary of Army determines that
additional obligations are necessary for such purposes and notifies the
Committees on Appropriations of both Houses of Congress of the
determination and the reasons therefor.
Military Construction, Navy and Marine Corps
For acquisition, construction, installation, and equipment of
temporary or permanent public works, naval installations, facilities,
and real property for the Navy and Marine Corps as currently authorized
by law, including personnel in the Naval Facilities Engineering Command
and other personal services necessary for the purposes of this
appropriation, $2,112,823,000, to remain available until September 30,
2016: Provided, <<NOTE: Determination. Notification.>> That of this
amount, not to exceed $84,362,000 shall be available for study,
planning, design, and architect and engineer services, as authorized by
law, unless the Secretary of Navy determines that additional obligations
are necessary for such purposes and notifies the Committees on
Appropriations of both Houses of Congress of the determination and the
reasons therefor.
Military Construction, Air Force
For acquisition, construction, installation, and equipment of
temporary or permanent public works, military installations, facilities,
and real property for the Air Force as currently authorized by law,
$1,227,058,000, to remain available until September 30, 2016:
Provided, <<NOTE: Determination. Notification.>> That of this amount,
not to exceed $81,913,000 shall be available for study, planning,
design, and architect and engineer services, as authorized by law,
unless the Secretary of Air Force determines that additional obligations
are necessary for such purposes and notifies the Committees on
Appropriations of both Houses of Congress of the determination and the
reasons therefor.
[[Page 125 STAT. 1138]]
Military Construction, Defense-Wide
(including transfer of funds)
For acquisition, construction, installation, and equipment of
temporary or permanent public works, installations, facilities, and real
property for activities and agencies of the Department of Defense (other
than the military departments), as currently authorized by law,
$3,431,957,000, to remain available until September 30, 2016: Provided,
That such amounts of this appropriation as may be determined by the
Secretary of Defense may be transferred to such appropriations of the
Department of Defense available for military construction or family
housing as the Secretary may designate, 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
further, <<NOTE: Determination. Notification.>> That of the amount
appropriated, not to exceed $430,602,000 shall be available for study,
planning, design, and architect and engineer services, as authorized by
law, unless the Secretary of Defense determines that additional
obligations are necessary for such purposes and notifies the Committees
on Appropriations of both Houses of Congress of the determination and
the reasons therefor: Provided further, That of the amount
appropriated, notwithstanding any other provision of law, $24,118,000
shall be available for payments to the North Atlantic Treaty
Organization for the planning, design, and construction of a new North
Atlantic Treaty
Organization <<NOTE: Contracts. Germany. Plans. Certification.>> headquar
ters: Provided further, That the Department of Defense shall not award
a design contract to exceed the 20 percent design level for the
Landstuhl Regional Medical Center in Germany until the Secretary of
Defense: (1) provides the Committees on Appropriations of the House of
Representatives and the Senate a plan for implementing the
recommendations of the Government Accountability Office with respect to
the plans, baseline data, and estimated cost of the facility; and (2)
certifies in writing to the Committees that the facility is properly
sized and scoped to meet current and projected healthcare requirements.
Military Construction, Army National Guard
For construction, acquisition, expansion, rehabilitation, and
conversion of facilities for the training and administration of the Army
National Guard, and contributions therefor, as authorized by chapter
1803 of title 10, United States Code, and Military Construction
Authorization Acts, $773,592,000, to remain available until September
30, 2016: Provided, <<NOTE: Determination. Notification.>> That of the
amount appropriated, not to exceed $20,671,000 shall be available for
study, planning, design, and architect and engineer services, as
authorized by law, unless the Director of the Army National Guard
determines that additional obligations are necessary for such purposes
and notifies the Committees on Appropriations of both Houses of Congress
of the determination and the reasons therefor.
Military Construction, Air National Guard
For construction, acquisition, expansion, rehabilitation, and
conversion of facilities for the training and administration of the Air
National Guard, and contributions therefor, as authorized by
[[Page 125 STAT. 1139]]
chapter 1803 of title 10, United States Code, and Military Construction
Authorization Acts, $116,246,000, to remain available until September
30, 2016: Provided, <<NOTE: Determination. Notification.>> That of the
amount appropriated, not to exceed $12,225,000 shall be available for
study, planning, design, and architect and engineer services, as
authorized by law, unless the Director of the Air National Guard
determines that additional obligations are necessary for such purposes
and notifies the Committees on Appropriations of both Houses of Congress
of the determination and the reasons therefor.
Military Construction, Army Reserve
For construction, acquisition, expansion, rehabilitation, and
conversion of facilities for the training and administration of the Army
Reserve as authorized by chapter 1803 of title 10, United States Code,
and Military Construction Authorization Acts, $280,549,000, to remain
available until <<NOTE: Determination. Notification.>> September 30,
2016: Provided, That of the amount appropriated, not to exceed
$28,924,000 shall be available for study, planning, design, and
architect and engineer services, as authorized by law, unless the Chief
of the Army Reserve determines that additional obligations are necessary
for such purposes and notifies the Committees on Appropriations of both
Houses of Congress of the determination and the reasons therefor.
Military Construction, Navy Reserve
For construction, acquisition, expansion, rehabilitation, and
conversion of facilities for the training and administration of the
reserve components of the Navy and Marine Corps as authorized by chapter
1803 of title 10, United States Code, and Military Construction
Authorization Acts, $26,299,000, to remain available until September 30,
2016: Provided, <<NOTE: Determination. Notification.>> That of the
amount appropriated, not to exceed $2,591,000 shall be available for
study, planning, design, and architect and engineer services, as
authorized by law, unless the Secretary of the Navy determines that
additional obligations are necessary for such purposes and notifies the
Committees on Appropriations of both Houses of Congress of the
determination and the reasons therefor.
Military Construction, Air Force Reserve
For construction, acquisition, expansion, rehabilitation, and
conversion of facilities for the training and administration of the Air
Force Reserve as authorized by chapter 1803 of title 10, United States
Code, and Military Construction Authorization Acts, $33,620,000, to
remain available until <<NOTE: Determination. Notification.>> September
30, 2016: Provided, That of the amount appropriated, not to exceed
$2,200,000 shall be available for study, planning, design, and architect
and engineer services, as authorized by law, unless the Chief of the Air
Force Reserve determines that additional obligations are necessary for
such purposes and notifies the Committees on Appropriations of both
Houses of Congress of the determination and the reasons therefor.
[[Page 125 STAT. 1140]]
North Atlantic Treaty Organization
Security Investment Program
For the United States share of the cost of the North Atlantic Treaty
Organization Security Investment Program for the acquisition and
construction of military facilities and installations (including
international military headquarters) and for related expenses for the
collective defense of the North Atlantic Treaty Area as authorized by
section 2806 of title 10, United States Code, and Military Construction
Authorization Acts, $247,611,000, to remain available until expended.
Family Housing Construction, Army
For expenses of family housing for the Army for construction,
including acquisition, replacement, addition, expansion, extension, and
alteration, as authorized by law, $176,897,000, to remain available
until September 30, 2016.
Family Housing Operation and Maintenance, Army
For expenses of family housing for the Army for operation and
maintenance, including debt payment, leasing, minor construction,
principal and interest charges, and insurance premiums, as authorized by
law, $493,458,000.
Family Housing Construction, Navy and Marine Corps
For expenses of family housing for the Navy and Marine Corps for
construction, including acquisition, replacement, addition, expansion,
extension, and alteration, as authorized by law, $100,972,000, to remain
available until September 30, 2016.
Family Housing Operation and Maintenance, Navy and Marine Corps
For expenses of family housing for the Navy and Marine Corps for
operation and maintenance, including debt payment, leasing, minor
construction, principal and interest charges, and insurance premiums, as
authorized by law, $367,863,000.
Family Housing Construction, Air Force
For expenses of family housing for the Air Force for construction,
including acquisition, replacement, addition, expansion, extension, and
alteration, as authorized by law, $60,042,000, to remain available until
September 30, 2016.
Family Housing Operation and Maintenance, Air Force
For expenses of family housing for the Air Force for operation and
maintenance, including debt payment, leasing, minor construction,
principal and interest charges, and insurance premiums, as authorized by
law, $429,523,000.
[[Page 125 STAT. 1141]]
Family Housing Operation and Maintenance, Defense-Wide
For expenses of family housing for the activities and agencies of
the Department of Defense (other than the military departments) for
operation and maintenance, leasing, and minor construction, as
authorized by law, $50,723,000.
Department of Defense Family Housing Improvement Fund
For the Department of Defense Family Housing Improvement Fund,
$2,184,000, to remain available until expended, for family housing
initiatives undertaken pursuant to section 2883 of title 10, United
States Code, providing alternative means of acquiring and improving
military family housing and supporting facilities.
Homeowners Assistance Fund
For the Homeowners Assistance Fund established by section 1013 of
the Demonstration Cities and Metropolitan Development Act of 1966, (42
U.S.C. 3374), as amended by section 1001 of division A of the American
Recovery and Reinvestment Act of 2009 (Public Law 111-5; 123 Stat. 194),
$1,284,000, to remain available until expended: Provided, That the
Secretary of Defense shall not issue any regulation or otherwise take
any action to limit the submission prior to September 30, 2012, of
applications for benefits, including permanent change of station
benefits, as provided under section 1013 of the Demonstration Cities and
Metropolitan Development Act of 1966, (42 U.S.C. 3374), as amended.
Chemical Demilitarization Construction, Defense-Wide
For expenses of construction, not otherwise provided for, necessary
for the destruction of the United States stockpile of lethal chemical
agents and munitions in accordance with section 1412 of the Department
of Defense Authorization Act, 1986 (50 U.S.C. 1521), and for the
destruction of other chemical warfare materials that are not in the
chemical weapon stockpile, as currently authorized by law, $75,312,000,
to remain available until September 30, 2016, which shall be only for
the Assembled Chemical Weapons Alternatives program.
Department of Defense Base Closure Account 1990
For deposit into the Department of Defense Base Closure Account
1990, established by section 2906(a)(1) of the Defense Base Closure and
Realignment Act of 1990 (10 U.S.C. 2687 note), $323,543,000, to remain
available until expended.
Department of Defense Base Closure Account 2005
For deposit into the Department of Defense Base Closure Account
2005, established by section 2906A(a)(1) of the Defense Base Closure and
Realignment Act of 1990 (10 U.S.C. 2687 note), $258,776,000, to remain
available until <<NOTE: Notification. Deadline.>> expended: Provided,
That the Department of Defense shall notify the Committees on
Appropriations of both Houses of Congress 14 days prior to obligating an
amount for a construction project that exceeds or reduces the amount
identified for that project in the most recently submitted
[[Page 125 STAT. 1142]]
budget request for this account by 20 percent or $2,000,000, whichever
is less: Provided further, That the previous proviso shall not apply to
projects costing less than $5,000,000, except for those projects not
previously identified in any budget submission for this account and
exceeding the minor construction threshold under section 2805 of title
10, United States Code.
Administrative Provisions
Sec. 101. <<NOTE: Contracts.>> None of the funds made available in
this title shall be expended for payments under a cost-plus-a-fixed-fee
contract for construction, where cost estimates exceed $25,000, to be
performed within the United States, except Alaska, without the specific
approval in writing of the Secretary of Defense setting forth the
reasons therefor.
Sec. 102. Funds made available in this title for construction shall
be available for hire of passenger motor vehicles.
Sec. 103. <<NOTE: Certification.>> Funds made available in this
title for construction may be used for advances to the Federal Highway
Administration, Department of Transportation, for the construction of
access roads as authorized by section 210 of title 23, United States
Code, when projects authorized therein are certified as important to the
national defense by the Secretary of Defense.
Sec. 104. None of the funds made available in this title may be
used to begin construction of new bases in the United States for which
specific appropriations have not been made.
Sec. 105. None of the funds made available in this title shall be
used for purchase of land or land easements in excess of 100 percent of
the value as determined by the Army Corps of Engineers or the Naval
Facilities Engineering Command, except: (1) where there is a
determination of value by a Federal court; (2) purchases negotiated by
the Attorney General or the designee of the Attorney General; (3) where
the estimated value is less than $25,000; or (4) as otherwise determined
by the Secretary of Defense to be in the public interest.
Sec. 106. None of the funds made available in this title shall be
used to: (1) acquire land; (2) provide for site preparation; or (3)
install utilities for any family housing, except housing for which funds
have been made available in annual Acts making appropriations for
military construction.
Sec. 107. <<NOTE: Notification.>> None of the funds made available
in this title for minor construction may be used to transfer or relocate
any activity from one base or installation to another, without prior
notification to the Committees on Appropriations of both Houses of
Congress.
Sec. 108. <<NOTE: Steel.>> None of the funds made available in this
title may be used for the procurement of steel for any construction
project or activity for which American steel producers, fabricators, and
manufacturers have been denied the opportunity to compete for such steel
procurement.
Sec. 109. None of the funds available to the Department of Defense
for military construction or family housing during the current fiscal
year may be used to pay real property taxes in any foreign nation.
Sec. 110. <<NOTE: Notification.>> None of the funds made available
in this title may be used to initiate a new installation overseas
without prior notification to the Committees on Appropriations of both
Houses of Congress.
[[Page 125 STAT. 1143]]
Sec. 111. <<NOTE: Contracts. Japan.>> None of the funds made
available in this title may be obligated for architect and engineer
contracts estimated by the Government to exceed $500,000 for projects to
be accomplished in Japan, in any North Atlantic Treaty Organization
member country, or in countries bordering the Arabian Sea, unless such
contracts are awarded to United States firms or United States firms in
joint venture with host nation firms.
Sec. 112. <<NOTE: Contracts. Kwajalein Atoll.>> None of the funds
made available in this title for military construction in the United
States territories and possessions in the Pacific and on Kwajalein
Atoll, or in countries bordering the Arabian Sea, may be used to award
any contract estimated by the Government to exceed $1,000,000 to a
foreign contractor: Provided, That this section shall not be applicable
to contract awards for which the lowest responsive and responsible bid
of a United States contractor exceeds the lowest responsive and
responsible bid of a foreign contractor by greater than 20 percent:
Provided further, That this section shall not apply to contract awards
for military construction on Kwajalein Atoll for which the lowest
responsive and responsible bid is submitted by a Marshallese contractor.
Sec. 113. <<NOTE: Notification. Military exercise. Deadline.>> The
Secretary of Defense shall inform the appropriate committees of both
Houses of Congress, including the Committees on Appropriations, of plans
and scope of any proposed military exercise involving United States
personnel 30 days prior to its occurring, if amounts expended for
construction, either temporary or permanent, are anticipated to exceed
$100,000.
Sec. 114. Not more than 20 percent of the funds made available in
this title which are limited for obligation during the current fiscal
year shall be obligated during the last 2 months of the fiscal year.
Sec. 115. Funds appropriated to the Department of Defense for
construction in prior years shall be available for construction
authorized for each such military department by the authorizations
enacted into law during the current session of Congress.
Sec. 116. For military construction or family housing projects that
are being completed with funds otherwise expired or lapsed for
obligation, expired or lapsed funds may be used to pay the cost of
associated supervision, inspection, overhead, engineering and design on
those projects and on subsequent claims, if any.
Sec. 117. Notwithstanding any other provision of law, any funds
made available to a military department or defense agency for the
construction of military projects may be obligated for a military
construction project or contract, or for any portion of such a project
or contract, at any time before the end of the fourth fiscal year after
the fiscal year for which funds for such project were made available, if
the funds obligated for such project: (1) are obligated from funds
available for military construction projects; and (2) do not exceed the
amount appropriated for such project, plus any amount by which the cost
of such project is increased pursuant to law.
(including transfer of funds)
Sec. 118. In addition to any other transfer authority available to
the Department of Defense, proceeds deposited to the Department of
Defense Base Closure Account established by section 207(a)(1) of the
Defense Authorization Amendments and Base Closure and
[[Page 125 STAT. 1144]]
Realignment Act (10 U.S.C. 2687 note) pursuant to section 207(a)(2)(C)
of such Act, may be transferred to the account established by section
2906(a)(1) of the Defense Base Closure and Realignment Act of 1990 (10
U.S.C. 2687 note), to be merged with, and to be available for the same
purposes and the same time period as that account.
(including transfer of funds)
Sec. 119. <<NOTE: Deadline. Notification.>> Subject to 30 days
prior notification, or 14 days for a notification provided in an
electronic medium pursuant to sections 480 and 2883 of title 10, United
States Code, to the Committees on Appropriations of both Houses of
Congress, such additional amounts as may be determined by the Secretary
of Defense may be transferred to: (1) the Department of Defense Family
Housing Improvement Fund from amounts appropriated for construction in
``Family Housing'' accounts, to be merged with and to be available for
the same purposes and for the same period of time as amounts
appropriated directly to the Fund; or (2) the Department of Defense
Military Unaccompanied Housing Improvement Fund from amounts
appropriated for construction of military unaccompanied housing in
``Military Construction'' accounts, to be merged with and to be
available for the same purposes and for the same period of time as
amounts appropriated directly to the Fund: Provided, That
appropriations made available to the Funds shall be available to cover
the costs, as defined in section 502(5) of the Congressional Budget Act
of 1974, of direct loans or loan guarantees issued by the Department of
Defense pursuant to the provisions of subchapter IV of chapter 169 of
title 10, United States Code, pertaining to alternative means of
acquiring and improving military family housing, military unaccompanied
housing, and supporting facilities.
(including transfer of funds)
Sec. 120. In addition to any other transfer authority available to
the Department of Defense, amounts may be transferred from the accounts
established by sections 2906(a)(1) and 2906A(a)(1) of the Defense Base
Closure and Realignment Act of 1990 (10 U.S.C. 2687 note), to the fund
established by section 1013(d) of the Demonstration Cities and
Metropolitan Development Act of 1966 (42 U.S.C. 3374) to pay for
expenses associated with the Homeowners Assistance Program incurred
under 42 U.S.C. 3374(a)(1)(A). Any amounts transferred shall be merged
with and be available for the same purposes and for the same time period
as the fund to which transferred.
Sec. 121. <<NOTE: 10 USC 2821 note.>> Notwithstanding any other
provision of law, funds made available in this title for operation and
maintenance of family housing shall be the exclusive source of funds for
repair and maintenance of all family housing units, including general or
flag officer quarters: Provided, <<NOTE: Notification.>> That not more
than $35,000 per unit may be spent annually for the maintenance and
repair of any general or flag officer quarters without 30 days prior
notification, or 14 days for a notification provided in an electronic
medium pursuant to sections 480 and 2883 of title 10, United States
Code, to the Committees on Appropriations of both Houses of Congress,
except that an after-the-fact notification shall be submitted if the
limitation is exceeded solely due to costs associated with environmental
[[Page 125 STAT. 1145]]
remediation that could not be reasonably anticipated at the time of the
budget submission: Provided further, <<NOTE: Notification.>> That the
Under Secretary of Defense (Comptroller) is to report annually to the
Committees on Appropriations of both Houses of Congress all operation
and maintenance expenditures for each individual general or flag officer
quarters for the prior fiscal year.
Sec. 122. Amounts contained in the Ford Island Improvement Account
established by subsection (h) of section 2814 of title 10, United States
Code, are appropriated and shall be available until expended for the
purposes specified in subsection (i)(1) of such section or until
transferred pursuant to subsection (i)(3) of such section.
Sec. 123. <<NOTE: Certification.>> None of the funds made available
in this title, or in any Act making appropriations for military
construction which remain available for obligation, may be obligated or
expended to carry out a military construction, land acquisition, or
family housing project at or for a military installation approved for
closure, or at a military installation for the purposes of supporting a
function that has been approved for realignment to another installation,
in 2005 under the Defense Base Closure and Realignment Act of 1990 (part
A of title XXIX of Public Law 101-510; 10 U.S.C. 2687 note), unless such
a project at a military installation approved for realignment will
support a continuing mission or function at that installation or a new
mission or function that is planned for that installation, or unless the
Secretary of Defense certifies that the cost to the United States of
carrying out such project would be less than the cost to the United
States of cancelling such project, or if the project is at an active
component base that shall be established as an enclave or in the case of
projects having multi-agency use, that another Government agency has
indicated it will assume ownership of the completed project. The
Secretary of Defense may not transfer funds made available as a result
of this limitation from any military construction project, land
acquisition, or family housing project to another account or use such
funds for another purpose or project without the prior approval of the
Committees on Appropriations of both Houses of Congress. This section
shall not apply to military construction projects, land acquisition, or
family housing projects for which the project is vital to the national
security or the protection of health, safety, or environmental quality:
Provided, <<NOTE: Notification. Deadline.>> That the Secretary of
Defense shall notify the congressional defense committees within seven
days of a decision to carry out such a military construction project.
(including transfer of funds)
Sec. 124. <<NOTE: Time period. Determination.>> During the 5-year
period after appropriations available in this Act to the Department of
Defense for military construction and family housing operation and
maintenance and construction have expired for obligation, upon a
determination that such appropriations will not be necessary for the
liquidation of obligations or for making authorized adjustments to such
appropriations for obligations incurred during the period of
availability of such appropriations, unobligated balances of such
appropriations may be transferred into the appropriation ``Foreign
Currency Fluctuations, Construction, Defense'', to be merged with and to
be available for the same time period and for the same purposes as the
appropriation to which transferred.
[[Page 125 STAT. 1146]]
Sec. 125. Amounts appropriated or otherwise made available in an
account funded under the headings in this title may be transferred among
projects and activities within the account in accordance with the
reprogramming guidelines for military construction and family housing
construction contained in Department of Defense Financial Management
Regulation 7000.14-R, Volume 3, Chapter 7, of February 2009, as in
effect on the date of enactment of this Act.
Sec. 126. <<NOTE: Oregon. Deadline.>> (a) Notwithstanding any other
provision of law, the Secretary of the Army shall close Umatilla
Chemical Depot, Oregon, not later than 1 year after the completion of
chemical demilitarization activities required under the Chemical Weapons
Convention.
(b) The closure of the Umatilla Chemical Depot, Oregon, and
subsequent management and property disposal shall be carried out in
accordance with procedures and authorities contained in the Defense Base
Closure and Realignment Act of 1990 (part A of title XXIX of Public Law
110-510; 10 U.S.C. 2687 note).
(c) Nothing in this section shall be construed to affect or limit
the application of, or any obligation to comply with, any environmental
law, including the Comprehensive Environmental Response, Compensation,
and Liability Act of 1980 (42 U.S.C. 9601 et seq.) and the Solid Waste
Disposal Act (42 U.S.C. 6901 et seq.).
(d) The Secretary of the Army may retain minimum essential ranges,
facilities, and training areas at Umatilla Chemical Depot, totaling
approximately 7,500 acres, as a training enclave for the reserve
components of the Armed Forces to permit the conduct of individual and
annual training.
Sec. 127. None of the funds made available by this Act may be used
by the Secretary of Defense to take beneficial occupancy of more than
2,000 parking spaces (other than handicap-reserved spaces) to be
provided by the BRAC 133 <<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: 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. 128. <<NOTE: Reports.>> None of the funds appropriated or
otherwise made available by this title may be obligated or expended for
a permanent United States Africa Command headquarters outside of the
United States until the Secretary of Defense provides the congressional
defense committees an analysis of all military construction costs
associated with establishing a permanent location overseas versus in the
United States.
Sec. 129. <<NOTE: Colorado.>> None of the funds made available by
this Act may be used for any action that relates to or promotes the
expansion
[[Page 125 STAT. 1147]]
of the boundaries or size of the Pinon Canyon Maneuver Site, Colorado.
Sec. 130. (a) Except as provided in subsection (b), none of the
funds made available in this Act may be used by the Secretary of the
Army to relocate a unit in the Army that--
(1) performs a testing mission or function that is not
performed by any other unit in the Army and is specifically
stipulated in title 10, United States Code; and
(2) is located at a military installation at which the total
number of civilian employees of the Department of the Army and
Army contractor personnel employed exceeds 10 percent of the
total number of members of the regular and reserve components of
the Army assigned to the installation.
(b) <<NOTE: Certification.>> Exception.--Subsection (a) shall not
apply if the Secretary of the Army certifies to the congressional
defense committees that in proposing the relocation of the unit of the
Army, the Secretary complied with Army Regulation 5-10 relating to the
policy, procedures, and responsibilities for Army stationing actions.
(including rescissions of funds)
Sec. 131. Of the unobligated balances available under the following
headings from prior appropriations Acts (other than appropriations
designated by law as being for contingency operations directly related
to the global war on terrorism or as an emergency requirement), the
following amounts are hereby rescinded: ``Military Construction, Army'',
$100,000,000; ``Military Construction, Navy and Marine Corps'',
$25,000,000; ``Military Construction, Air Force'', $32,000,000; and
``Military Construction, Defense-Wide'', $131,400,000.
(including rescission of funds)
Sec. 132. Of the unobligated balances available for ``Department of
Defense Base Closure Account 2005'', from prior appropriations Acts
(other than appropriations designated by law as being for contingency
operations directly related to the global war on terrorism or as an
emergency requirement), $258,776,000 are hereby rescinded.
TITLE II
DEPARTMENT OF VETERANS AFFAIRS
Veterans Benefits Administration
compensation and pensions
(including transfer of funds)
For the payment of compensation benefits to or on behalf of veterans
and a pilot program for disability examinations as authorized by section
107 and chapters 11, 13, 18, 51, 53, 55, and 61 of title 38, United
States Code; pension benefits to or on behalf of veterans as authorized
by chapters 15, 51, 53, 55, and 61 of title 38, United States Code; and
burial benefits, the Reinstated Entitlement Program for Survivors,
emergency and other officers' retirement pay, adjusted-service credits
and certificates, payment
[[Page 125 STAT. 1148]]
of premiums due on commercial life insurance policies guaranteed under
the provisions of title IV of the Servicemembers Civil Relief Act (50
U.S.C. App. 541 et seq.) and for other benefits as authorized by
sections 107, 1312, 1977, and 2106, and chapters 23, 51, 53, 55, and 61
of title 38, United States Code, $51,237,567,000, to remain available
until expended: Provided, That not to exceed $32,187,000 of the amount
appropriated under this heading shall be reimbursed to ``General
operating expenses, Veterans Benefits Administration'', ``Medical
support and compliance'', and ``Information technology systems'' for
necessary expenses in implementing the provisions of chapters 51, 53,
and 55 of title 38, United States Code, the funding source for which is
specifically provided as the ``Compensation and pensions''
appropriation: Provided further, That such sums as may be earned on an
actual qualifying patient basis, shall be reimbursed to ``Medical care
collections fund'' to augment the funding of individual medical
facilities for nursing home care provided to pensioners as authorized.
readjustment benefits
For the payment of readjustment and rehabilitation benefits to or on
behalf of veterans as authorized by chapters 21, 30, 31, 33, 34, 35, 36,
39, 51, 53, 55, and 61 of title 38, United States Code, $12,108,488,000,
to remain available until expended: Provided, That expenses for
rehabilitation program services and assistance which the Secretary is
authorized to provide under subsection (a) of section 3104 of title 38,
United States Code, other than under paragraphs (1), (2), (5), and (11)
of that subsection, shall be charged to this account.
veterans insurance and indemnities
For military and naval insurance, national service life insurance,
servicemen's indemnities, service-disabled veterans insurance, and
veterans mortgage life insurance as authorized by chapters 19 and 21,
title 38, United States Code, $100,252,000, to remain available until
expended.
veterans housing benefit program fund
For the cost of direct and guaranteed loans, such sums as may be
necessary to carry out the program, as authorized by subchapters I
through III of chapter 37 of title 38, United States Code: 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 during fiscal year 2012, within the resources
available, not to exceed $500,000 in gross obligations for direct loans
are authorized for specially adapted housing loans.
In addition, for administrative expenses to carry out the direct and
guaranteed loan programs, $154,698,000.
vocational rehabilitation loans program account
For the cost of direct loans, $19,000, as authorized by chapter 31
of title 38, United States Code: 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
[[Page 125 STAT. 1149]]
further, That funds made available under this heading are available to
subsidize gross obligations for the principal amount of direct loans not
to exceed $3,019,000.
In addition, for administrative expenses necessary to carry out the
direct loan program, $343,000, which may be paid to the appropriation
for ``General operating expenses, Veterans Benefits Administration''.
native american veteran housing loan program account
For administrative expenses to carry out the direct loan program
authorized by subchapter V of chapter 37 of title 38, United States
Code, $1,116,000.
Veterans Health Administration
medical services
For necessary expenses for furnishing, as authorized by law,
inpatient and outpatient care and treatment to beneficiaries of the
Department of Veterans Affairs and veterans described in section 1705(a)
of title 38, United States Code, including care and treatment in
facilities not under the jurisdiction of the Department, and including
medical supplies and equipment, food services, and salaries and expenses
of health care employees hired under title 38, United States Code, aid
to State homes as authorized by section 1741 of title 38, United States
Code, assistance and support services for caregivers as authorized by
section 1720G of title 38, United States Code, and loan repayments
authorized by section 604 of the Caregivers and Veterans Omnibus Health
Services Act of 2010 (Public Law 111-163; 124 Stat. 1174; 38 U.S.C. 7681
note) $41,354,000,000, plus reimbursements, shall become available on
October 1, 2012, and shall remain available until September 30, 2013:
Provided, <<NOTE: Priorities.>> That notwithstanding any other provision
of law, the Secretary of Veterans Affairs shall establish a priority for
the provision of medical treatment for veterans who have service-
connected disabilities, lower income, or have
special <<NOTE: Priorities.>> needs: Provided further, That
notwithstanding any other provision of law, the Secretary of Veterans
Affairs shall give priority funding for the provision of basic medical
benefits to veterans in enrollment priority groups 1 through 6:
Provided further, <<NOTE: Drugs and drug abuse. Requirements.>> That
notwithstanding any other provision of law, the Secretary of Veterans
Affairs may authorize the dispensing of prescription drugs from Veterans
Health Administration facilities to enrolled veterans with privately
written prescriptions based on requirements established by the
Secretary: Provided further, That the implementation of the program
described in the previous proviso shall incur no additional cost to the
Department of Veterans Affairs.
medical support and compliance
For necessary expenses in the administration of the medical,
hospital, nursing home, domiciliary, construction, supply, and research
activities, as authorized by law; administrative expenses in support of
capital policy activities; and administrative and legal expenses of the
Department for collecting and recovering amounts owed the Department as
authorized under chapter 17 of title 38, United States Code, and the
Federal Medical Care Recovery Act
[[Page 125 STAT. 1150]]
(42 U.S.C. 2651 et seq.); $5,746,000,000, plus reimbursements, shall
become available on October 1, 2012, and shall remain available until
September 30, 2013.
medical facilities
For necessary expenses for the maintenance and operation of
hospitals, nursing homes, domiciliary facilities, and other necessary
facilities of the Veterans Health Administration; for administrative
expenses in support of planning, design, project management, real
property acquisition and disposition, construction, and renovation of
any facility under the jurisdiction or for the use of the Department;
for oversight, engineering, and architectural activities not charged to
project costs; for repairing, altering, improving, or providing
facilities in the several hospitals and homes under the jurisdiction of
the Department, not otherwise provided for, either by contract or by the
hire of temporary employees and purchase of materials; for leases of
facilities; and for laundry services, $5,441,000,000, plus
reimbursements, shall become available on October 1, 2012, and shall
remain available until September 30, 2013.
medical and prosthetic research
For necessary expenses in carrying out programs of medical and
prosthetic research and development as authorized by chapter 73 of title
38, United States Code, $581,000,000, plus reimbursements, shall remain
available until September 30, 2013.
National Cemetery Administration
For necessary expenses of the National Cemetery Administration for
operations and maintenance, not otherwise provided for, including
uniforms or allowances therefor; cemeterial expenses as authorized by
law; purchase of one passenger motor vehicle for use in cemeterial
operations; hire of passenger motor vehicles; and repair, alteration or
improvement of facilities under the jurisdiction of the National
Cemetery Administration, $250,934,000, of which not to exceed
$25,100,000 shall remain available until September 30, 2013:
Provided, <<NOTE: Reports.>> That none of the funds under this heading
may be used to expand the Urban Initiative project beyond those sites
outlined in the fiscal year 2012 or previous budget submissions until
the National Cemetery Administration submits to the Committees on
Appropriations of both Houses of Congress a detailed strategy to serve
the burial needs of veterans residing in rural and highly rural areas:
Provided further, <<NOTE: Cost estimates.>> That the report shall
include a timeline for implementation of such strategy and cost
estimates of establishing new burial sites in at least five rural or
highly rural locations.
Departmental Administration
general administration
(including transfer of funds)
For necessary operating expenses of the Department of Veterans
Affairs, not otherwise provided for, including administrative
[[Page 125 STAT. 1151]]
expenses in support of Department-Wide capital planning, management and
policy activities, uniforms, or allowances therefor; not to exceed
$25,000 for official reception and representation expenses; hire of
passenger motor vehicles; and reimbursement of the General Services
Administration for security guard services, $416,737,000, of which not
to exceed $20,837,000 shall remain available until September 30, 2013:
Provided, That funds provided under this heading may be transferred to
``General operating expenses, Veterans Benefits Administration''.
general operating expenses, veterans benefits administration
For necessary operating expenses of the Veterans Benefits
Administration, not otherwise provided for, including hire of passenger
motor vehicles, reimbursement of the General Services Administration for
security guard services, and reimbursement of the Department of Defense
for the cost of overseas employee mail, $2,018,764,000:
Provided, <<NOTE: Determination.>> That expenses for services and
assistance authorized under paragraphs (1), (2), (5), and (11) of
section 3104(a) of title 38, United States Code, that the Secretary of
Veterans Affairs determines are necessary to enable entitled veterans:
(1) to the maximum extent feasible, to become employable and to obtain
and maintain suitable employment; or (2) to achieve maximum independence
in daily living, shall be charged to this account: Provided further,
That of the funds made available under this heading, not to exceed
$105,000,000 shall remain available until September 30, 2013: Provided
further, That from the funds made available under this heading, the
Veterans Benefits Administration may purchase (on a one-for-one
replacement basis only) up to two passenger motor vehicles for use in
operations of that Administration in Manila, Philippines.
information technology systems
For necessary expenses for information technology systems and
telecommunications support, including developmental information systems
and operational information systems; for pay and associated costs; and
for the capital asset acquisition of information technology systems,
including management and related contractual costs of said acquisitions,
including contractual costs associated with operations authorized by
section 3109 of title 5, United States Code, $3,111,376,000, plus
reimbursements: Provided, That $915,000,000 shall be for pay and
associated costs, of which not to exceed $25,000,000 shall remain
available until September 30, 2013: Provided further, That
$1,616,018,000 shall be for operations and maintenance, of which not to
exceed $110,000,000 shall remain available until September 30, 2013:
Provided further, That $580,358,000 shall be for information technology
systems development, modernization, and enhancement, and shall remain
available until September 30, 2013: Provided
further, <<NOTE: Expenditure plan.>> That none of the funds made
available under this heading may be obligated until the Department of
Veterans Affairs submits to the Committees on Appropriations of both
Houses of Congress, and such Committees approve, a plan for expenditure
that: (1) meets the capital planning and investment control review
requirements established by the Office of Management and Budget; (2)
complies with the Department of Veterans Affairs enterprise
architecture; (3) conforms with
[[Page 125 STAT. 1152]]
an established enterprise life cycle methodology; and (4) complies with
the acquisition rules, requirements, guidelines, and systems acquisition
management practices of the Federal <<NOTE: Certification.>> Government:
Provided further, That amounts made available for information
technology systems development, modernization, and enhancement may not
be obligated or expended until the Secretary of Veterans Affairs or the
Chief Information Officer of the Department of Veterans Affairs submits
to the Committees on Appropriations of both Houses of Congress a
certification of the amounts, in parts or in full, to be obligated and
expended for each development project: Provided further, That amounts
made available for salaries and expenses, operations and maintenance,
and information technology systems development, modernization, and
enhancement may be transferred among the three subaccounts after the
Secretary of Veterans Affairs requests from the Committees on
Appropriations of both Houses of Congress the authority to make the
transfer and an approval is issued: Provided further, That the funds
made available under this heading for information technology systems
development, modernization, and enhancement, shall be for the projects,
and in the amounts, specified under this heading in the Joint
Explanatory Statement of the Committee of Conference.
office of inspector general
For necessary expenses of the Office of Inspector General, to
include information technology, in carrying out the provisions of the
Inspector General Act of 1978 (5 U.S.C. App.), $112,391,000, of which
$6,000,000 shall remain available until September 30, 2013.
construction, major projects
For constructing, altering, extending, and improving any of the
facilities, including parking projects, under the jurisdiction or for
the use of the Department of Veterans Affairs, or for any of the
purposes set forth in sections 316, 2404, 2406, 8102, 8103, 8106, 8108,
8109, 8110, and 8122 of title 38, United States Code, including
planning, architectural and engineering services, construction
management services, maintenance or guarantee period services costs
associated with equipment guarantees provided under the project,
services of claims analysts, offsite utility and storm drainage system
construction costs, and site acquisition, where the estimated cost of a
project is more than the amount set forth in section 8104(a)(3)(A) of
title 38, United States Code, or where funds for a project were made
available in a previous major project appropriation, $589,604,000, to
remain available until expended, of which $5,000,000 shall be to make
reimbursements as provided in section 13 of the Contract Disputes Act of
1978 (41 U.S.C. 612) for claims paid for contract disputes: Provided,
That except for advance planning activities, including needs assessments
which may or may not lead to capital investments, and other capital
asset management related activities, including portfolio development and
management activities, and investment strategy studies funded through
the advance planning fund and the planning and design activities funded
through the design fund, including needs assessments which may or may
not lead to capital investments, and salaries and associated costs of
the resident engineers who oversee those capital investments funded
through this
[[Page 125 STAT. 1153]]
account, and funds provided for the purchase of land for the National
Cemetery Administration through the land acquisition line item, none of
the funds made available under this heading shall be used for any
project which has not been approved by the Congress in the budgetary
process: Provided further, <<NOTE: Contracts. Deadlines.>> That funds
made available under this heading for fiscal year 2012, for each
approved project shall be obligated: (1) by the awarding of a
construction documents contract by September 30, 2012; and (2) by the
awarding of a construction contract by September 30, 2013: Provided
further, <<NOTE: Reports.>> That the Secretary of Veterans Affairs shall
promptly submit to the Committees on Appropriations of both Houses of
Congress a written report on any approved major construction project for
which obligations are not incurred within the time limitations
established above.
construction, minor projects
For constructing, altering, extending, and improving any of the
facilities, including parking projects, under the jurisdiction or for
the use of the Department of Veterans Affairs, including planning and
assessments of needs which may lead to capital investments,
architectural and engineering services, maintenance or guarantee period
services costs associated with equipment guarantees provided under the
project, services of claims analysts, offsite utility and storm drainage
system construction costs, and site acquisition, or for any of the
purposes set forth in sections 316, 2404, 2406, 8102, 8103, 8106, 8108,
8109, 8110, 8122, and 8162 of title 38, United States Code, where the
estimated cost of a project is equal to or less than the amount set
forth in section 8104(a)(3)(A) of title 38, United States Code,
$482,386,000, to remain available until expended, along with unobligated
balances of previous ``Construction, minor projects'' appropriations
which are hereby made available for any project where the estimated cost
is equal to or less than the amount set forth in such section:
Provided, That funds made available under this heading shall be for: (1)
repairs to any of the nonmedical facilities under the jurisdiction or
for the use of the Department which are necessary because of loss or
damage caused by any natural disaster or catastrophe; and (2) temporary
measures necessary to prevent or to minimize further loss by such
causes.
grants for construction of state extended care facilities
For grants to assist States to acquire or construct State nursing
home and domiciliary facilities and to remodel, modify, or alter
existing hospital, nursing home, and domiciliary facilities in State
homes, for furnishing care to veterans as authorized by sections 8131
through 8137 of title 38, United States Code, $85,000,000, to remain
available until expended.
grants for construction of veterans cemeteries
For grants to assist States and tribal governments in establishing,
expanding, or improving veterans cemeteries as authorized by section
2408 of title 38, United States Code, $46,000,000, to remain available
until expended.
[[Page 125 STAT. 1154]]
Administrative Provisions
(including transfer of funds)
Sec. 201. Any appropriation for fiscal year 2012 for ``Compensation
and pensions'', ``Readjustment benefits'', and ``Veterans insurance and
indemnities'' may be transferred as necessary to any other of the
mentioned appropriations: Provided, <<NOTE: Authority request. Time
period.>> That before a transfer may take place, the Secretary of
Veterans Affairs shall request from the Committees on Appropriations of
both Houses of Congress the authority to make the transfer and such
Committees issue an approval, or absent a response, a period of 30 days
has elapsed.
(including transfer of funds)
Sec. 202. Amounts made available for the Department of Veterans
Affairs for fiscal year 2012, in this Act or any other Act, under the
``Medical services'', ``Medical support and compliance'', and ``Medical
facilities'' accounts may be transferred among the accounts:
Provided, <<NOTE: Notification.>> That any transfers between the
``Medical services'' and ``Medical support and compliance'' accounts of
1 percent or less of the total amount appropriated to the account in
this or any other Act may take place subject to notification from the
Secretary of Veterans Affairs to the Committees on Appropriations of
both Houses of Congress of the amount and purpose of the transfer:
Provided further, <<NOTE: Authority request.>> That any transfers
between the ``Medical services'' and ``Medical support and compliance''
accounts in excess of 1 percent, or exceeding the cumulative 1 percent
for the fiscal year, may take place only after the Secretary requests
from the Committees on Appropriations of both Houses of Congress the
authority to make the transfer and an approval is <<NOTE: Authority
request.>> issued: Provided further, That any transfers to or from the
``Medical facilities'' account may take place only after the Secretary
requests from the Committees on Appropriations of both Houses of
Congress the authority to make the transfer and an approval is issued.
Sec. 203. Appropriations available in this title for salaries and
expenses shall be available for services authorized by section 3109 of
title 5, United States Code, hire of passenger motor vehicles; lease of
a facility or land or both; and uniforms or allowances therefore, as
authorized by sections 5901 through 5902 of title 5, United States Code.
Sec. 204. No appropriations in this title (except the
appropriations for ``Construction, major projects'', and ``Construction,
minor projects'') shall be available for the purchase of any site for or
toward the construction of any new hospital or home.
Sec. 205. No appropriations in this title shall be available for
hospitalization or examination of any persons (except beneficiaries
entitled to such hospitalization or examination under the laws providing
such benefits to veterans, and persons receiving such treatment under
sections 7901 through 7904 of title 5, United States Code, or the Robert
T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121
et seq.)), unless reimbursement of the cost of such hospitalization or
examination is made to the ``Medical services'' account at such rates as
may be fixed by the Secretary of Veterans Affairs.
[[Page 125 STAT. 1155]]
Sec. 206. Appropriations available in this title for ``Compensation
and pensions'', ``Readjustment benefits'', and ``Veterans insurance and
indemnities'' shall be available for payment of prior year accrued
obligations required to be recorded by law against the corresponding
prior year accounts within the last quarter of fiscal year 2011.
Sec. 207. Appropriations available in this title shall be available
to pay prior year obligations of corresponding prior year appropriations
accounts resulting from sections 3328(a), 3334, and 3712(a) of title 31,
United States Code, except that if such obligations are from trust fund
accounts they shall be payable only from ``Compensation and pensions''.
(including transfer of funds)
Sec. 208. <<NOTE: Reimbursement.>> Notwithstanding any other
provision of law, during fiscal year 2012, the Secretary of Veterans
Affairs shall, from the National Service Life Insurance Fund under
section 1920 of title 38, United States Code, the Veterans' Special Life
Insurance Fund under section 1923 of title 38, United States Code, and
the United States Government Life Insurance Fund under section 1955 of
title 38, United States Code, reimburse the ``General operating
expenses, Veterans Benefits Administration'' and ``Information
technology systems'' accounts for the cost of administration of the
insurance programs financed through those accounts: Provided, That
reimbursement shall be made only from the surplus earnings accumulated
in such an insurance program during fiscal year 2012 that are available
for dividends in that program after claims have been paid and
actuarially determined reserves have been set aside: Provided further,
That if the cost of administration of such an insurance program exceeds
the amount of surplus earnings accumulated in that program,
reimbursement shall be made only to the extent of such surplus earnings:
Provided further, <<NOTE: Determination.>> That the Secretary shall
determine the cost of administration for fiscal year 2012 which is
properly allocable to the provision of each such insurance program and
to the provision of any total disability income insurance included in
that insurance program.
Sec. 209. Amounts deducted from enhanced-use lease proceeds to
reimburse an account for expenses incurred by that account during a
prior fiscal year for providing enhanced-use lease services, may be
obligated during the fiscal year in which the proceeds are received.
(including transfer of funds)
Sec. 210. Funds available in this title or funds for salaries and
other administrative expenses shall also be available to reimburse the
Office of Resolution Management of the Department of Veterans Affairs
and the Office of Employment Discrimination Complaint Adjudication under
section 319 of title 38, United States Code, for all services provided
at rates which will recover actual costs but not exceed $42,904,000 for
the Office of Resolution Management and $3,360,000 for the Office of
Employment and Discrimination Complaint Adjudication: Provided, That
payments may be made in advance for services to be furnished based on
estimated costs: Provided further, That amounts received shall be
[[Page 125 STAT. 1156]]
credited to the ``General administration'' and ``Information technology
systems'' accounts for use by the office that provided the service.
Sec. 211. <<NOTE: Contracts. Reports. Deadline.>> No appropriations
in this title shall be available to enter into any new lease of real
property if the estimated annual rental cost is more than $1,000,000,
unless the Secretary submits a report which the Committees on
Appropriations of both Houses of Congress approve within 30 days
following the date on which the report is received.
Sec. 212. No funds of the Department of Veterans Affairs shall be
available for hospital care, nursing home care, or medical services
provided to any person under chapter 17 of title 38, United States Code,
for a non-service-connected disability described in section 1729(a)(2)
of such title, unless that person has disclosed to the Secretary of
Veterans Affairs, in such form as the Secretary may require, current,
accurate third-party reimbursement information for purposes of section
1729 of such title: Provided, That the Secretary may recover, in the
same manner as any other debt due the United States, the reasonable
charges for such care or services from any person who does not make such
disclosure as required: Provided further, That any amounts so recovered
for care or services provided in a prior fiscal year may be obligated by
the Secretary during the fiscal year in which amounts are received.
(including transfer of funds)
Sec. 213. Notwithstanding any other provision of law, proceeds or
revenues derived from enhanced-use leasing activities (including
disposal) may be deposited into the ``Construction, major projects'' and
``Construction, minor projects'' accounts and be used for construction
(including site acquisition and disposition), alterations, and
improvements of any medical facility under the jurisdiction or for the
use of the Department of Veterans Affairs. Such sums as realized are in
addition to the amount provided for in ``Construction, major projects''
and ``Construction, minor projects''.
Sec. 214. Amounts made available under ``Medical services'' are
available--
(1) for furnishing recreational facilities, supplies, and
equipment; and
(2) for funeral expenses, burial expenses, and other
expenses incidental to funerals and burials for beneficiaries
receiving care in the Department.
(including transfer of funds)
Sec. 215. Such sums as may be deposited to the Medical Care
Collections Fund pursuant to section 1729A of title 38, United States
Code, may be transferred to ``Medical services'', to remain available
until expended for the purposes of that account.
Sec. 216. <<NOTE: Native Americans.>> The Secretary of Veterans
Affairs may enter into agreements with Indian tribes and tribal
organizations which are party to the Alaska Native Health Compact with
the Indian Health Service, and Indian tribes and tribal organizations
serving rural Alaska which have entered into contracts with the Indian
Health Service under the Indian Self Determination and Educational
Assistance Act, to provide healthcare, including behavioral health and
dental care. <<NOTE: Requirements. Regulations.>> The Secretary shall
require participating veterans and facilities to comply with all
appropriate rules and regulations,
[[Page 125 STAT. 1157]]
as established by the Secretary. <<NOTE: Definition.>> The term ``rural
Alaska'' shall mean those lands sited within the external boundaries of
the Alaska Native regions specified in sections 7(a)(1)-(4) and (7)-(12)
of the Alaska Native Claims Settlement Act, as amended (43 U.S.C. 1606),
and those lands within the Alaska Native regions specified in sections
7(a)(5) and 7(a)(6) of the Alaska Native Claims Settlement Act, as
amended (43 U.S.C. 1606), which are not within the boundaries of the
Municipality of Anchorage, the Fairbanks North Star Borough, the Kenai
Peninsula Borough or the Matanuska Susitna Borough.
(including transfer of funds)
Sec. 217. Such sums as may be deposited to the Department of
Veterans Affairs Capital Asset Fund pursuant to section 8118 of title
38, United States Code, may be transferred to the ``Construction, major
projects'' and ``Construction, minor projects'' accounts, to remain
available until expended for the purposes of these accounts.
Sec. 218. None of the funds made available in this title may be
used to implement any policy prohibiting the Directors of the Veterans
Integrated Services Networks from conducting outreach or marketing to
enroll new veterans within their respective Networks.
Sec. 219. <<NOTE: Deadlines. Reports.>> The Secretary of Veterans
Affairs shall submit to the Committees on Appropriations of both Houses
of Congress a quarterly report on the financial status of the Veterans
Health Administration.
(including transfer of funds)
Sec. 220. Amounts made available under the ``Medical services'',
``Medical support and compliance'', ``Medical facilities'', ``General
operating expenses, Veterans Benefits Administration'', ``General
administration'', and ``National Cemetery Administration'' accounts for
fiscal year 2012, may be transferred to or from the ``Information
technology systems'' account: Provided, <<NOTE: Authority
request.>> That before a transfer may take place, the Secretary of
Veterans Affairs shall request from the Committees on Appropriations of
both Houses of Congress the authority to make the transfer and an
approval is issued.
(including transfer of funds)
Sec. 221. Amounts made available for the ``Information technology
systems'' account for development, modernization, and enhancement may be
transferred between projects or to newly defined projects:
Provided, <<NOTE: Authority request. Time period.>> That no project may
be increased or decreased by more than $1,000,000 of cost prior to
submitting a request to the Committees on Appropriations of both Houses
of Congress to make the transfer and an approval is issued, or absent a
response, a period of 30 days has elapsed.
Sec. 222. None of the funds appropriated or otherwise made
available by this Act or any other Act for the Department of Veterans
Affairs may be used in a manner that is inconsistent with: (1) section
842 of the Transportation, Treasury, Housing and Urban Development, the
Judiciary, the District of Columbia, and Independent Agencies
Appropriations Act, 2006 (Public Law 109-115;
[[Page 125 STAT. 1158]]
119 Stat. 2506); or (2) section 8110(a)(5) of title 38, United States
Code.
Sec. 223. Of the amounts made available to the Department of
Veterans Affairs for fiscal year 2012, in this Act or any other Act,
under the ``Medical facilities'' account for nonrecurring maintenance,
not more than 20 percent of the funds made available shall be obligated
during the last 2 months of that fiscal year: Provided, <<NOTE: Waiver
authority. Notice.>> That the Secretary may waive this requirement after
providing written notice to the Committees on Appropriations of both
Houses of Congress.
(including transfer of funds)
Sec. 224. Of the amounts appropriated to the Department of Veterans
Affairs for fiscal year 2012 for ``Medical services'', ``Medical support
and compliance'', ``Medical facilities'', ``Construction, minor
projects'', and ``Information technology systems'', up to $241,666,000,
plus reimbursements, may be transferred to the Joint Department of
Defense-Department of Veterans Affairs Medical Facility Demonstration
Fund, established by section 1704 of the National Defense Authorization
Act for Fiscal Year 2010 (Public Law 111-84; 123 Stat. 3571) and may be
used for operation of the facilities designated as combined Federal
medical facilities as described by section 706 of the Duncan Hunter
National Defense Authorization Act for Fiscal Year 2009 (Public Law 110-
417; 122 Stat. 4500): Provided, <<NOTE: Notification.>> That additional
funds may be transferred from accounts designated in this section to the
Joint Department of Defense-Department of Veterans Affairs Medical
Facility Demonstration Fund upon written notification by the Secretary
of Veterans Affairs to the Committees on Appropriations of both Houses
of Congress.
(including transfer of funds)
Sec. 225. Such sums as may be deposited to the Medical Care
Collections Fund pursuant to section 1729A of title 38, United States
Code, for health care provided at facilities designated as combined
Federal medical facilities as described by section 706 of the Duncan
Hunter National Defense Authorization Act for Fiscal Year 2009 (Public
Law 110-417; 122 Stat. 4500) shall also be available: (1) for transfer
to the Joint Department of Defense-Department of Veterans Affairs
Medical Facility Demonstration Fund, established by section 1704 of the
National Defense Authorization Act for Fiscal Year 2010 (Public Law 111-
84; 123 Stat. 3571); and (2) for operations of the facilities designated
as combined Federal medical facilities as described by section 706 of
the Duncan Hunter National Defense Authorization Act for Fiscal Year
2009 (Public Law 110-417; 122 Stat. 4500).
(including transfer of funds)
Sec. 226. Of the amounts available in this title for ``Medical
services'', ``Medical support and compliance'', and ``Medical
facilities'', a minimum of $15,000,000, shall be transferred to the DOD-
VA Health Care Sharing Incentive Fund, as authorized by section 8111(d)
of title 38, United States Code, to remain available until expended, for
any purpose authorized by section 8111 of title 38, United States Code.
[[Page 125 STAT. 1159]]
(including rescissions of funds)
Sec. 227. (a) Of the funds appropriated in title X of division B of
Public Law 112-10, the following amounts which became available on
October 1, 2011, are hereby rescinded from the following accounts in the
amounts specified:
(1) ``Department of Veterans Affairs, Medical services'',
$1,400,000,000.
(2) ``Department of Veterans Affairs, Medical support and
compliance'', $100,000,000.
(3) ``Department of Veterans Affairs, Medical facilities'',
$250,000,000.
(b) In addition to amounts provided elsewhere in this Act, an
additional amount is appropriated to the following accounts in the
amounts specified to remain available until September 30, 2013:
(1) ``Department of Veterans Affairs, Medical services'',
$1,400,000,000.
(2) ``Department of Veterans Affairs, Medical support and
compliance'', $100,000,000.
(3) ``Department of Veterans Affairs, Medical facilities'',
$250,000,000.
Sec. 228. <<NOTE: Notifications. Contracts. Deadlines.>> The
Secretary of the Department of Veterans Affairs shall notify the
Committees on Appropriations of both Houses of Congress of all bid
savings in major construction projects that total at least $5,000,000,
or 5 percent of the programmed amount of the project, whichever is less:
Provided, That such notification shall occur within 14 days of a
contract identifying the programmed amount: Provided further, That the
Secretary shall notify the committees 14 days prior to the obligation of
such bid savings and shall describe the anticipated use of such savings.
Sec. 229. The scope of work for a project included in
``Construction, major projects'' may not be increased above the scope
specified for that project in the original justification data provided
to the Congress as part of the request for appropriations.
Sec. 230. (a) Exception With Respect to Confidential Nature of
Claims.--Section 5701 of title 38, United States Code, is amended by
adding at the end the following new subsection:
``(l) <<NOTE: Regulations.>> Under regulations the Secretary shall
prescribe, the Secretary may disclose information about a veteran or the
dependent of a veteran to a State controlled substance monitoring
program, including a program approved by the Secretary of Health and
Human Services under section 399O of the Public Health Service Act (42
U.S.C. 280g-3), to the extent necessary to prevent misuse and diversion
of prescription medicines.''.
(b) Exception With Respect to Confidentiality of Certain Medical
Records.--Section 7332(b)(2) of title 38, United States Code, is amended
by adding at the end the following new subparagraph:
``(G) To a State controlled substance monitoring
program, including a program approved by the Secretary
of Health and Human Services under section 399O of the
Public Health Service Act (42 U.S.C. 280g-3), to the
extent necessary to prevent misuse and diversion of
prescription medicines.''.
Sec. 231. <<NOTE: Deadlines. Reports.>> The Secretary of Veterans
Affairs shall provide on a quarterly basis to the Committees on
Appropriations of both
[[Page 125 STAT. 1160]]
Houses of Congress notification of any single national outreach and
awareness marketing campaign in which obligations exceed $2,000,000. The
first report shall be submitted no later than April 15, 2012.
Sec. 232. None of the funds made available by this Act may be used
to declare as excess to the needs of the Department of Veterans Affairs
or otherwise take any action to exchange, trade, auction, transfer, or
otherwise dispose of, or reduce the acreage of, Federal land and
improvements at the St. Albans campus, consisting of approximately 55
acres of land, with borders near Linden Boulevard on the northwest,
115th Avenue on the west, the Long Island Railroad on the northeast, and
Baisley Boulevard on the southeast.
Sec. 233. <<NOTE: Contracts.>> None of the funds made available in
this Act may be used to enter into a contract using procedures that do
not give to small business concerns owned and controlled by veterans (as
that term is defined in section 3(q)(3) of the Small Business Act (15
U.S.C. 632(q)(3)) that are included in the database under section
8127(f) of title 38, United States Code, any preference available with
respect to such contract, except for a preference given to small
business concerns owned and controlled by service-disabled veterans (as
defined in section 3(q)(2) of the Small Business Act (15 U.S.C.
632(q)(2)).
Sec. 234. Section 315(b) of title 38, United States Code, is
amended by striking ``December 31, 2011'' and inserting ``December 31,
2012''.
TITLE III
RELATED AGENCIES
American Battle Monuments Commission
salaries and expenses
For necessary expenses, not otherwise provided for, of the American
Battle Monuments Commission, including the acquisition of land or
interest in land in foreign countries; purchases and repair of uniforms
for caretakers of national cemeteries and monuments outside of the
United States and its territories and possessions; rent of office and
garage space in foreign countries; purchase (one-for-one replacement
basis only) and hire of passenger motor vehicles; not to exceed $7,500
for official reception and representation expenses; and insurance of
official motor vehicles in foreign countries, when required by law of
such countries, $61,100,000, to remain available until expended.
foreign currency fluctuations account
For necessary expenses, not otherwise provided for, of the American
Battle Monuments Commission, such sums as may be necessary, to remain
available until expended, for purposes authorized by section 2109 of
title 36, United States Code.
[[Page 125 STAT. 1161]]
United States Court of Appeals for Veterans Claims
salaries and expenses
For necessary expenses for the operation of the United States Court
of Appeals for Veterans Claims as authorized by sections 7251 through
7298 of title 38, United States Code, $30,770,000: Provided, That
$2,726,323 shall be available for the purpose of providing financial
assistance as described, and in accordance with the process and
reporting procedures set forth, under this heading in Public Law 102-
229.
Department of Defense--Civil
Cemeterial Expenses, Army
salaries and expenses
For necessary expenses, as authorized by law, for maintenance,
operation, and improvement of Arlington National Cemetery and Soldiers'
and Airmen's Home National Cemetery, including the purchase or lease of
passenger motor vehicles for replacement on a one-for-one basis only,
and not to exceed $1,000 for official reception and representation
expenses, $45,800,000, to remain available until expended. In addition,
such sums as may be necessary for parking maintenance, repairs and
replacement, to be derived from the ``Lease of Department of Defense
Real Property for Defense Agencies'' account.
Funds appropriated under this Act may be provided to Arlington
County, Virginia, for the relocation of the federally owned water main
at Arlington National Cemetery making additional land available for
ground burials.
Armed Forces Retirement Home
trust fund
For expenses necessary for the Armed Forces Retirement Home to
operate and maintain the Armed Forces Retirement Home--Washington,
District of Columbia, and the Armed Forces Retirement Home--Gulfport,
Mississippi, to be paid from funds available in the Armed Forces
Retirement Home Trust Fund, $67,700,000, of which $2,000,000 shall
remain available until expended for construction and renovation of the
physical plants at the Armed Forces Retirement Home--Washington,
District of Columbia, and the Armed Forces Retirement Home--Gulfport,
Mississippi.
general fund payment, armed forces retirement home
For payment to the ``Armed Forces Retirement Home'', $14,630,000, to
remain available until expended, for expenses necessary to mitigate
structural damage sustained to buildings on the Armed Forces Retirement
Home--Washington, District of Columbia, campus as a result of the August
2011 earthquake.
[[Page 125 STAT. 1162]]
TITLE IV
OVERSEAS CONTINGENCY OPERATIONS
DEPARTMENT OF DEFENSE
Military Construction, Army
For an additional amount for ``Military Construction, Army'',
$80,000,000, to remain available until September 30, 2012: Provided,
That such amount 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.
Military Construction, Navy and Marine Corps
For an additional amount for ``Military Construction, Navy and
Marine Corps'', $189,703,000, to remain available until September 30,
2012: Provided, That such amount 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.
Administrative Provisions
(including rescission of funds)
Sec. 401. Of the unobligated balances in title IV, division E of
Public Law 111-117, $269,703,000 are hereby rescinded: Provided, That
such amount 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.
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. None of the funds made available in this Act may be used
for any program, project, or activity, when it is made known to the
Federal entity or official to which the funds are made available that
the program, project, or activity is not in compliance with any Federal
law relating to risk assessment, the protection of private property
rights, or unfunded mandates.
Sec. 503. <<NOTE: Pay raises.>> Such sums as may be necessary for
fiscal year 2012 for pay raises for programs funded by this Act shall be
absorbed within the levels appropriated in this Act.
Sec. 504. <<NOTE: Lobbying.>> No part of any funds appropriated in
this 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 Congress, except in presentation to Congress itself.
[[Page 125 STAT. 1163]]
Sec. 505. All departments and agencies funded under this Act are
encouraged, within the limits of the existing statutory authorities and
funding, to expand their use of ``E-Commerce'' technologies and
procedures in the conduct of their business practices and public service
activities.
Sec. 506. <<NOTE: Submissions.>> Unless stated otherwise, all
reports and notifications required by this Act shall be submitted to the
Subcommittee on Military Construction and Veterans Affairs, and Related
Agencies of the Committee on Appropriations of the House of
Representatives and the Subcommittee on Military Construction and
Veterans Affairs, and Related Agencies of the Committee on
Appropriations of the Senate.
Sec. 507. 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 or any other appropriations Act.
Sec. 508. None of the funds made available in this Act may be used
for a project or program named for an individual serving as a Member,
Delegate, or Resident Commissioner of the United States House of
Representatives.
Sec. 509. <<NOTE: Web posting. Public information. Reports.>> (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 confidential or 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. 510. (a) None of the funds made available in this Act may be
used to maintain or establish a computer network unless such network
blocks the viewing, downloading, and exchanging of pornography.
(b) Nothing in subsection (a) shall limit the use of funds necessary
for any Federal, State, tribal, or local law enforcement agency or any
other entity carrying out criminal investigations, prosecution, or
adjudication activities.
Sec. 511. <<NOTE: Detainees. Cuba.>> (a) In General.--None of the
funds appropriated or otherwise made available to the Department of
Defense in this Act may be used to construct, renovate, or expand any
facility in the United States, its territories, or possessions to house
any individual detained at United States Naval Station, Guantanamo Bay,
Cuba, for the purposes of detention or imprisonment in the custody or
under the 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
[[Page 125 STAT. 1164]]
(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. 512. None of the funds appropriated or otherwise made
available in this Act may be used by an agency of the executive branch
to pay for first-class travel by an employee of the agency in
contravention of sections 301-10.122 through 301-10.124 of title 41,
Code of Federal Regulations.
Sec. 513. None of the funds provided in this Act may be used to
execute a contract for goods or services, including construction
services, where the contractor has not complied with Executive Order No.
12989.
Sec. 514. None of the funds made available by this Act may be used
to enter into a contract, memorandum of understanding, or cooperative
agreement with, or to make a grant to, any corporation that was
convicted of a felony criminal violation under any Federal or State 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.
This division may be cited as the ``Military Construction and
Veterans Affairs, and Related Agencies Appropriations Act, 2012''.
DIVISION I--DEPARTMENT OF <<NOTE: Department of State, Foreign
Operations, and Related Programs Appropriations Act, 2012.>> STATE,
FOREIGN OPERATIONS, AND RELATED PROGRAMS APPROPRIATIONS ACT, 2012
TITLE I
DEPARTMENT OF STATE AND RELATED AGENCY
DEPARTMENT OF STATE
Administration of Foreign Affairs
diplomatic and consular programs
(including transfer of funds)
For necessary expenses of the Department of State and the Foreign
Service not otherwise provided for, $6,550,947,000, of which up to
$1,355,000,000 is for Worldwide Security Protection (to remain available
until expended): Provided, That funds made available under this heading
shall be allocated as follows:
(1) Human resources.--For necessary expenses for training,
human resources management, and salaries, including employment
without regard to civil service and classification laws of
persons on a temporary basis (not to exceed $700,000), as
authorized by section 801 of the United States Information and
Educational Exchange Act of 1948, $2,277,862,000, to remain
available until September 30, 2013, of which not less than
$121,814,000 shall be available only for public diplomacy
American salaries, and up to $203,800,000 is for Worldwide
Security Protection and shall remain available until expended.
[[Page 125 STAT. 1165]]
(2) Overseas programs.--For necessary expenses for the
regional bureaus of the Department of State and overseas
activities as authorized by law, $2,109,293,000, to remain
available until September 30, 2013, of which not less than
$347,572,000 shall be available only for public diplomacy
international information programs.
(3) Diplomatic policy and support.--For necessary expenses
for the functional bureaus of the Department of State including
representation to certain international organizations in which
the United States participates pursuant to treaties ratified
pursuant to the advice and consent of the Senate or specific
Acts of Congress, general administration, and arms control,
nonproliferation and disarmament activities as authorized,
$822,513,000, to remain available until September 30, 2013.
(4) Security programs.--For necessary expenses for security
activities, $1,341,279,000, to remain available until September
30, 2013, of which up to $1,151,200,000 is for Worldwide
Security Protection and shall remain available until expended.
(5) Fees and payments collected.--In addition to amounts
otherwise made available under this heading--
(A) not to exceed $1,753,991 shall be derived from
fees collected from other executive agencies for lease
or use of facilities located at the International Center
in accordance with section 4 of the International Center
Act, and, in addition, as authorized by section 5 of
such Act, $520,150, to be derived from the reserve
authorized by that section, to be used for the purposes
set out in that section;
(B) as authorized by section 810 of the United
States Information and Educational Exchange Act, not to
exceed $5,000,000, to remain available until expended,
may be credited to this appropriation from fees or other
payments received from English teaching, library, motion
pictures, and publication programs and from fees from
educational advising and counseling and exchange visitor
programs; and
(C) not to exceed $15,000, which shall be derived
from reimbursements, surcharges and fees for use of
Blair House facilities.
(6) Transfer, reprogramming, and other matters.--
(A) Notwithstanding any provision of this Act, funds
may be reprogrammed within and between subsections under
this heading subject to section 7015 of this Act;
(B) Of the amount made available under this heading,
not to exceed $10,000,000 may be transferred to, and
merged with, funds made available by this Act under the
heading ``Emergencies in the Diplomatic and Consular
Service'', to be available only for emergency
evacuations and rewards, as authorized; and
(C) Funds appropriated under this heading are
available for acquisition by exchange or purchase of
passenger motor vehicles as authorized by law and,
pursuant to 31 U.S.C. 1108(g), for the field examination
of programs and activities in the United States funded
from any account contained in this title.
[[Page 125 STAT. 1166]]
(D) Of the amount made available under this heading,
up to $6,000,000 may be transferred to, and merged with,
funds made available by this Act under the heading
``Department of State, Administration of Foreign
Affairs, Capital Investment Fund'': Provided, That the
transfer authority of this subparagraph is in addition
to any other transfer authority available to the
Secretary of State.
(E)(i) The headings ``Civilian Stabilization
Initiative'' in titles I and II of prior acts making
appropriations for the Department of State, foreign
operations, and related programs shall be renamed
``Conflict Stabilization Operations''.
(ii) Of the funds appropriated under this heading,
up to $35,000,000, to remain available until expended,
may be transferred to, and merged with, funds previously
made available under the heading ``Conflict
Stabilization Operations'' in title I of prior acts
making appropriations for the Department of State,
foreign operations and related programs, as amended by
subparagraph (i).
(F) <<NOTE: Historic
preservation. Religion. Determination. Reports.>> None
of the funds appropriated under this heading may be used
for the preservation of religious sites unless the
Secretary of State determines and reports to the
Committees on Appropriations that such sites are
historically, artistically, or culturally significant,
that the purpose of the project is neither to advance
nor to inhibit the free exercise of religion, and that
the project is in the national interest of the United
States.
capital investment fund
For necessary expenses of the Capital Investment Fund, $59,380,000,
to remain available until expended, as authorized: Provided, That
section 135(e) of Public Law 103-236 shall not apply to funds available
under this heading.
office of inspector general
For necessary expenses of the Office of Inspector General,
$61,904,000, notwithstanding section 209(a)(1) of the Foreign Service
Act of 1980 (Public Law 96-465), as it relates to post inspections.
educational and cultural exchange programs
For expenses of educational and cultural exchange programs, as
authorized, $583,200,000, to remain available until expended: Provided,
That not to exceed $5,000,000, to remain available until expended, may
be credited to this appropriation from fees or other payments received
from or in connection with English teaching, educational advising and
counseling programs, and exchange visitor programs as authorized.
representation allowances
For representation allowances as authorized, $7,300,000.
[[Page 125 STAT. 1167]]
protection of foreign missions and officials
For expenses, not otherwise provided, to enable the Secretary of
State to provide for extraordinary protective services, as authorized,
$27,000,000, to remain available until September 30, 2013.
embassy security, construction, and maintenance
For necessary expenses for carrying out the Foreign Service
Buildings Act of 1926 (22 U.S.C. 292-303), preserving, maintaining,
repairing, and planning for buildings that are owned or directly leased
by the Department of State, renovating, in addition to funds otherwise
available, the Harry S Truman Building, and carrying out the Diplomatic
Security Construction Program as authorized, $762,000,000, to remain
available until expended as authorized, of which not to exceed $25,000
may be used for domestic and overseas representation as authorized:
Provided, That none of the funds appropriated in this paragraph shall be
available for acquisition of furniture, furnishings, or generators for
other departments and agencies.
In addition, for the costs of worldwide security upgrades,
acquisition, and construction as authorized, $775,000,000, to remain
available until expended:
Provided, <<NOTE: Deadline. Submission.>> That not later than 45 days
after enactment of this Act, the Secretary of State shall submit to the
Committees on Appropriations the proposed allocation of funds made
available under this heading and the actual and anticipated proceeds of
sales for all projects in fiscal year 2012.
emergencies in the diplomatic and consular service
(including transfer of funds)
For necessary expenses to enable the Secretary of State to meet
unforeseen emergencies arising in the Diplomatic and Consular Service,
$9,300,000, to remain available until expended as authorized, of which
not to exceed $1,000,000 may be transferred to, and merged with, funds
appropriated by this Act under the heading ``Repatriation Loans Program
Account'', subject to the same terms and conditions.
repatriation loans program account
(including transfer of funds)
For the cost of direct loans, $1,447,000, as authorized, of which
$710,000 may be made available for administrative expenses necessary to
carry out the direct loan program and may be paid to ``Diplomatic and
Consular Programs'': 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.
payment to the american institute in taiwan
For necessary expenses to carry out the Taiwan Relations Act (Public
Law 96-8), $21,108,000.
[[Page 125 STAT. 1168]]
payment to the foreign service retirement and disability fund
For payment to the Foreign Service Retirement and Disability Fund,
as authorized, $158,900,000.
International Organizations
contributions to international <<NOTE: United Nations. 22 USC 269a
note.>> organizations
For necessary expenses, not otherwise provided for, to meet annual
obligations of membership in international multilateral organizations,
pursuant to treaties ratified pursuant to the advice and consent of the
Senate, conventions or specific Acts of Congress, $1,449,700,000:
Provided, <<NOTE: Budget.>> That the Secretary of State shall, at the
time of the submission of the President's budget to Congress under
section 1105(a) of title 31, United States Code, transmit to the
Committees on Appropriations the most recent biennial budget prepared by
the United Nations for the operations of the United Nations: Provided
further, <<NOTE: Notification. Deadline.>> That the Secretary of State
shall notify the Committees on Appropriations at least 15 days in
advance (or in an emergency, as far in advance as is practicable) of any
United Nations action to increase funding for any United Nations program
without identifying an offsetting decrease elsewhere in the United
Nations budget: Provided further, <<NOTE: Reports. Deadline.>> That the
Secretary of State shall report to the Committees on Appropriations not
later than May 1, 2012, on any credits available to the United States
from the United Nations Tax Equalization Fund (TEF) and provide updated
fiscal year 2013 assessment costs including offsets from available TEF
credits and updated foreign currency exchange rates: Provided
further, <<NOTE: Notification.>> That any such credits shall only be
available for United States assessed contributions to the United Nations
and shall be subject to the regular notification procedures of the
Committees on Appropriations: Provided further, That any payment of
arrearages under this heading shall be directed toward activities that
are mutually agreed upon by the United States and the respective
international organization: Provided further, That none of the funds
appropriated under this heading shall be available for a United States
contribution to an international organization for the United States
share of interest costs made known to the United States Government by
such organization for loans incurred on or after October 1, 1984,
through external borrowings.
contributions for international peacekeeping activities
For necessary expenses to pay assessed and other expenses of
international peacekeeping activities directed to the maintenance or
restoration of international peace and security, $1,828,182,000, of
which 15 percent shall remain available until September 30, 2013:
Provided, <<NOTE: Deadline. Notification. Human trafficking. Web
site.>> That none of the funds made available by this Act shall be
obligated or expended for any new or expanded United Nations
peacekeeping mission unless, at least 15 days in advance of voting for
the new or expanded mission in the United Nations Security Council (or
in an emergency as far in advance as is practicable), the Committees on
Appropriations are notified: (1) of the estimated cost and duration of
the mission, the national interest that will be served, and the exit
strategy; (2) that the United Nations has taken necessary measures to
prevent United
[[Page 125 STAT. 1169]]
Nations employees, contractor personnel, and peacekeeping troops serving
in the mission from trafficking in persons, exploiting victims of
trafficking, or committing acts of illegal sexual exploitation or other
violations of human rights, and to bring to justice individuals who
engage in such acts while participating in the peacekeeping mission,
including prosecution in their home countries of such individuals in
connection with such acts, and to make information about such cases
publicly available in the country where an alleged crime occurs and on
the United Nations' Web site; and (3) pursuant to section 7015 of this
Act, and the procedures therein followed, setting forth the source of
funds that will be used to pay the cost of the new or expanded mission:
Provided further, <<NOTE: Determination.>> That funds shall be available
for peacekeeping expenses unless the Secretary of State determines that
American manufacturers and suppliers are not being given opportunities
to provide equipment, services, and material for United Nations
peacekeeping activities equal to those being given to foreign
manufacturers and <<NOTE: Human rights.>> suppliers: Provided further,
That the Secretary of State shall work with the United Nations and
governments contributing peacekeeping troops to develop effective
vetting procedures to ensure that such troops have not violated human
rights: Provided further, <<NOTE: Recommenda- tion.>> That none of the
funds appropriated or otherwise made available under this heading may be
used for any United Nations peacekeeping mission that will involve
United States Armed Forces under the command or operational control of a
foreign national, unless the President's military advisors have
submitted to the President a recommendation that such involvement is in
the national interests of the United States and the President has
submitted to the Congress such a recommendation: Provided further, That
notwithstanding any other provision of law, funds appropriated or
otherwise made available under this heading shall be available for
United States assessed contributions up to the amount specified in Annex
IV accompanying United Nations General
Assembly <<NOTE: Determination. Reports.>> Resolution 64/220: Provided
further, That such funds may be made available above the amount
authorized in section 404(b)(2)(B) of the Foreign Relations
Authorization Act, fiscal years 1994 and 1995 (22 U.S.C. 287e note) only
if the Secretary of State determines and reports to the Committees on
Appropriations, the Committee on Foreign Affairs of the House of
Representatives, and the Committee on Foreign Relations of the Senate
that it is important to the national interest of the United States:
Provided further, <<NOTE: Reports. Deadline.>> That the Secretary of
State shall report to the Committees on Appropriations not later than
May 1, 2012, of any credits available to the United States resulting
from United Nations peacekeeping missions or the United Nations Tax
Equalization <<NOTE: Notification.>> Fund: Provided further, That any
such credits shall only be available for United States assessed
contributions to the United Nations and shall be subject to the regular
notification procedures of the Committees on Appropriations.
International <<NOTE: 22 USC 269a note.>> Commissions
For necessary expenses, not otherwise provided for, to meet
obligations of the United States arising under treaties, or specific
Acts of Congress, as follows:
[[Page 125 STAT. 1170]]
international boundary and water commission, united states and mexico
For necessary expenses for the United States Section of the
International Boundary and Water Commission, United States and Mexico,
and to comply with laws applicable to the United States Section,
including not to exceed $6,000 for representation; as follows:
salaries and expenses
For salaries and expenses, not otherwise provided for, $44,722,000.
construction
For detailed plan preparation and construction of authorized
projects, $31,453,000, to remain available until expended, as
authorized.
american sections, international commissions
For necessary expenses, not otherwise provided, for the
International Joint Commission and the International Boundary
Commission, United States and Canada, as authorized by treaties between
the United States and Canada or Great Britain, and the Border
Environment Cooperation Commission as authorized by Public Law 103-182,
$11,687,000: Provided, That of the amount provided under this heading
for the International Joint Commission, $9,000 may be made available for
representation expenses.
international fisheries commissions
For necessary expenses for international fisheries commissions, not
otherwise provided for, as authorized by law, $36,300,000: Provided,
That the United States share of such expenses may be advanced to the
respective commissions pursuant to 31 U.S.C. 3324.
RELATED AGENCY
Broadcasting Board of Governors
international broadcasting operations
For necessary expenses to enable the Broadcasting Board of Governors
(BBG), as authorized, to carry out international communication
activities, and to make and supervise grants for radio and television
broadcasting to the Middle East, $740,100,000: Provided, That funds
appropriated under this heading shall be made available to expand
unrestricted access to information on the Internet through the
development and use of circumvention and secure communication
technologies: Provided further, That the circumvention technologies and
programs supported by such funds shall undergo a review, to include an
assessment of protections against such technologies being used for
illicit purposes: Provided further, That the BBG shall coordinate the
development and use of such technologies with the Secretary of State, as
appropriate: Provided further, That of the total amount appropriated
under this heading, not to exceed $16,000 may be used for official
receptions within
[[Page 125 STAT. 1171]]
the United States as authorized, not to exceed $35,000 may be used for
representation abroad as authorized, and not to exceed $39,000 may be
used for official reception and representation expenses of Radio Free
Europe/Radio <<NOTE: Extension date.>> Liberty: Provided further,
That <<NOTE: 22 USC 6206 note.>> the authority provided by section
504(c) of the Foreign Relations Authorization Act, Fiscal Year 2003
(Public Law 107-228; 22 U.S.C. 6206 note) shall remain in effect through
September 30, 2012: Provided
further, <<NOTE: Notification. Deadline.>> That the BBG shall notify the
Committees on Appropriations within 15 days of any determination by the
Board that any of its broadcast entities, including its grantee
organizations, provides an open platform for international terrorists or
those who support international terrorism, or is in violation of the
principles and standards set forth in the United States International
Broadcasting Act of 1994 (22 U.S.C. 6202(a) and (b)) or the entity's
journalistic code of <<NOTE: Notification.>> ethics: Provided further,
That significant modifications to BBG broadcast hours previously
justified to Congress, including changes to transmission platforms
(shortwave, medium wave, satellite, Internet, and television), for all
BBG language services shall be subject to the regular notification
procedures of the Committees on Appropriations: Provided further, That
in addition to funds made available under this heading, and
notwithstanding any other provision of law, up to $2,000,000 in receipts
from advertising and revenue from business ventures, up to $500,000 in
receipts from cooperating international organizations, and up to
$1,000,000 in receipts from privatization efforts of the Voice of
America and the International Broadcasting Bureau, to remain available
until expended for carrying out authorized purposes.
broadcasting capital improvements
For the purchase, rent, construction, and improvement of facilities
for radio and television transmission and reception, and purchase and
installation of necessary equipment for radio and television
transmission and reception, including to Cuba, as authorized,
$7,030,000, to remain available until expended, as authorized.
RELATED PROGRAMS
The Asia Foundation
For a grant to The Asia Foundation, as authorized by The Asia
Foundation Act (22 U.S.C. 4402), $17,000,000, to remain available until
expended, as authorized.
United States Institute of Peace
For necessary expenses of the United States Institute of Peace, as
authorized by the United States Institute of Peace Act, $30,589,000, to
remain available until September 30, 2013, which shall not be used for
construction activities.
Center for Middle Eastern-Western Dialogue Trust Fund
For necessary expenses of the Center for Middle Eastern-Western
Dialogue Trust Fund, as authorized by section 633 of the Departments of
Commerce, Justice, and State, the Judiciary, and Related Agencies
Appropriations Act, 2004 (22 U.S.C. 2078),
[[Page 125 STAT. 1172]]
the total amount of the interest and earnings accruing to such Fund on
or before September 30, 2012, to remain available until expended.
Eisenhower Exchange Fellowship Program
For necessary expenses of Eisenhower Exchange Fellowships,
Incorporated, as authorized by sections 4 and 5 of the Eisenhower
Exchange Fellowship Act of 1990 (20 U.S.C. 5204-5205), all interest and
earnings accruing to the Eisenhower Exchange Fellowship Program Trust
Fund on or before September 30, 2012, to remain available until
expended: Provided, That none of the funds appropriated herein shall be
used to pay any salary or other compensation, or to enter into any
contract providing for the payment thereof, in excess of the rate
authorized by 5 U.S.C. 5376; or for purposes which are not in accordance
with OMB Circulars A-110 (Uniform Administrative Requirements) and A-122
(Cost Principles for Non-profit Organizations), including the
restrictions on compensation for personal services.
Israeli Arab Scholarship Program
For necessary expenses of the Israeli Arab Scholarship Program, as
authorized by section 214 of the Foreign Relations Authorization Act,
Fiscal Years 1992 and 1993 (22 U.S.C. 2452), all interest and earnings
accruing to the Israeli Arab Scholarship Fund on or before September 30,
2012, to remain available until expended.
East-West Center
To enable the Secretary of State to provide for carrying out the
provisions of the Center for Cultural and Technical Interchange Between
East and West Act of 1960, by grant to the Center for Cultural and
Technical Interchange Between East and West in the State of Hawaii,
$16,700,000: Provided, That none of the funds appropriated herein shall
be used to pay any salary, or enter into any contract providing for the
payment thereof, in excess of the rate authorized by 5 U.S.C. 5376.
National Endowment for Democracy
For grants made by the Department of State to the National Endowment
for Democracy, as authorized by the National Endowment for Democracy
Act, $117,764,000, to remain available until expended, of which
$100,000,000 shall be allocated in the traditional and customary manner,
including for the core institutes, and $17,764,000 shall be for
democracy, human rights, and rule of law programs:
Provided, <<NOTE: Deadline. Reports.>> That the President of the
National Endowment for Democracy shall submit to the Committees on
Appropriations not later than 45 days after the date of enactment of
this Act a report on the proposed uses of funds under this heading on a
regional and country basis.
[[Page 125 STAT. 1173]]
OTHER COMMISSIONS
Commission for the Preservation of America's Heritage Abroad
salaries and expenses
For necessary expenses for the Commission for the Preservation of
America's Heritage Abroad, $634,000, as authorized by section 1303 of
Public Law 99-83.
United States Commission on International Religious Freedom
salaries and expenses
For necessary expenses for the United States Commission on
International Religious Freedom, as authorized by title II of the
International Religious Freedom Act of 1998 (Public Law 105-292),
$3,000,000, to remain available until September 30, 2013:
Provided, <<NOTE: Applicability. 22 USC 6436 note.>> That section 209 of
the International Religious Freedom Act of 1998 (22 U.S.C. 6436) shall
be applied by substituting ``September 30, 2012'' for ``September 30,
2011'': Provided further, That notwithstanding the expenditure
limitation specified in section 208(c)(1) of such Act (22 U.S.C.
6435a(c)(1)), the Commission may expend up to $250,000 of the funds made
available under this heading to procure temporary and intermittent
services under the authority of section 3109(b) of title 5, United
States Code: Provided further, That travel by members and staff of the
Commission shall be arranged and conducted under the rules and
procedures applying to travel by members and staff of the House of
Representatives: Provided further, That for the purposes of employment
rights, any employee of the Commission shall be considered to be a
congressional employee as defined in section 2107 of title 5, United
States Code and the Commission shall be treated as a congressional
employing office.
Commission on Security and Cooperation in Europe
salaries and expenses
For necessary expenses of the Commission on Security and Cooperation
in Europe, as authorized by Public Law 94-304, $2,715,000, to remain
available until September 30, 2013.
Congressional-Executive Commission on the People's Republic of China
salaries and expenses
For necessary expenses of the Congressional-Executive Commission on
the People's Republic of China, as authorized by title III of the U.S.-
China Relations Act of 2000 (22 U.S.C. 6911-6919), $1,996,000, including
not more than $3,000 for the purpose of official representation, to
remain available until September 30, 2013.
[[Page 125 STAT. 1174]]
United States-China Economic and Security Review Commission
salaries and expenses
For necessary expenses of the United States-China Economic and
Security Review Commission, as authorized by section 1238 of the Floyd
D. Spence National Defense Authorization Act for Fiscal Year 2001 (22
U.S.C. 7002), $3,493,000, including not more than $4,000 for the purpose
of official representation, to remain available until September 30,
2013: Provided, <<NOTE: Extension date. Applicability.>> That the
authorities, requirements, limitations, and conditions contained in the
second through sixth provisos under this heading in division F of Public
Law 111-117 shall continue in effect during fiscal year 2012 and shall
apply to funds appropriated under this heading as if included in this
Act.
TITLE II
UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT
Funds Appropriated to the President
operating expenses
(including transfer of funds)
For necessary expenses to carry out the provisions of section 667 of
the Foreign Assistance Act of 1961, $1,092,300,000, to remain available
until September 30, 2013, of which not less than $25,000,000 should be
for costs associated with procurement reform:
Provided, <<NOTE: Reports. Deadline.>> That none of the funds
appropriated under this heading and under the heading ``Capital
Investment Fund'' in this title may be made available to finance the
construction (including architect and engineering services), purchase,
or long-term lease of offices for use by the United States Agency for
International Development (USAID), unless the USAID Administrator has
identified such proposed use of funds in a report submitted to the
Committees on Appropriations at least 15 days prior to the obligation of
funds for such purposes: Provided further, <<NOTE: Contracts.>> That
contracts or agreements entered into with funds appropriated under this
heading during fiscal year 2013 may entail commitments for the
expenditure of such funds through the
following <<NOTE: Notification.>> fiscal year: Provided further, That
any decision to open a new or reorganized USAID mission, bureau, center,
or office or, except where there is a substantial security risk to
mission personnel, to close or significantly reduce the number of
personnel of any such mission or office, shall be subject to the regular
notification procedures of the Committees on Appropriations: Provided
further, That the authority of sections 610 and 109 of the Foreign
Assistance Act of 1961 may be exercised by the Secretary of State to
transfer funds appropriated to carry out chapter 1 of part I of such Act
to ``Operating Expenses'' in accordance with the provisions of those
sections: Provided further, <<NOTE: Notification.>> That any
reprogramming of funds in excess of $1,000,000 or 10 percent, whichever
is less, to the cost categories in the table included under this heading
in the joint
[[Page 125 STAT. 1175]]
explanatory statement accompanying this Act for funds appropriated under
this heading, shall be subject to the regular notification procedures of
the Committees on Appropriations: Provided further, That of the funds
appropriated or made available under this heading, not to exceed
$250,000 may be available for representation and entertainment
allowances, of which not to exceed $5,000 may be available for
entertainment allowances, for USAID during the current fiscal year:
Provided further, That no such entertainment funds may be used for the
purposes listed in section 7020 of this Act: Provided further, That
appropriate steps shall be taken to assure that, to the maximum extent
possible, United States-owned foreign currencies are utilized in lieu of
dollars.
capital investment fund
For necessary expenses for overseas construction and related costs,
and for the procurement and enhancement of information technology and
related capital investments, pursuant to section 667 of the Foreign
Assistance Act of 1961, $129,700,000, to remain available until
expended: Provided, That this amount is in addition to funds otherwise
available for such <<NOTE: Notification.>> purposes: Provided further,
That funds appropriated under this heading shall be available for
obligation only pursuant to the regular notification procedures of the
Committees on Appropriations.
office of inspector general
For necessary expenses to carry out the provisions of section 667 of
the Foreign Assistance Act of 1961, $46,500,000, to remain available
until September 30, 2013, which sum shall be available for the Office of
Inspector General of the United States Agency for International
Development.
TITLE III
BILATERAL ECONOMIC ASSISTANCE
Funds Appropriated to the President
For necessary expenses to enable the President to carry out the
provisions of the Foreign Assistance Act of 1961, and for other
purposes, as follows:
global health programs
(including transfer of funds)
For necessary expenses to carry out the provisions of chapters 1 and
10 of part I of the Foreign Assistance Act of 1961, for global health
activities, in addition to funds otherwise available for such purposes,
$2,625,000,000, to remain available until September 30, 2013, and which
shall be apportioned directly to the United States Agency for
International Development <<NOTE: HIV/AIDS.>> (USAID): Provided, That
this amount shall be made available for training, equipment, and
technical assistance to build the capacity of public health institutions
and organizations in developing countries, and for such activities as:
(1) child survival and maternal health programs; (2) immunization and
oral rehydration programs; (3) other health,
[[Page 125 STAT. 1176]]
nutrition, water and sanitation programs which directly address the
needs of mothers and children, and related education programs; (4)
assistance for children displaced or orphaned by causes other than AIDS;
(5) programs for the prevention, treatment, control of, and research on
HIV/AIDS, tuberculosis, polio, malaria, and other infectious diseases
including neglected tropical diseases, and for assistance to communities
severely affected by HIV/AIDS, including children infected or affected
by AIDS; and (6) family planning/reproductive health: Provided further,
That funds appropriated under this paragraph may be made available for a
United States contribution to the
GAVI <<NOTE: President. Determination. Abortion. Sterilization.>> Allianc
e: Provided further, That none of the funds made available in this Act
nor any unobligated balances from prior appropriations Acts may be made
available to any organization or program which, as determined by the
President of the United States, supports or participates in the
management of a program of coercive abortion or involuntary
sterilization: Provided further, <<NOTE: Deadline.>> That any
determination made under the previous proviso must be made no later than
6 months after the date of enactment of this Act, and must be
accompanied by the evidence and criteria utilized to make
the <<NOTE: Abortion.>> determination: Provided further, That none of
the funds made available under this Act may be used to pay for the
performance of abortion as a method of family planning or to motivate or
coerce any person to practice abortions: Provided further, That nothing
in this paragraph shall be construed to alter any existing statutory
prohibitions against abortion under section 104 of the Foreign
Assistance Act of <<NOTE: Lobbying. Abortion.>> 1961: Provided further,
That none of the funds made available under this Act may be used to
lobby for or against abortion: Provided further, <<NOTE: Family
planning. Requirements. Deadline. Determination. Reports.>> That in
order to reduce reliance on abortion in developing nations, funds shall
be available only to voluntary family planning projects which offer,
either directly or through referral to, or information about access to,
a broad range of family planning methods and services, and that any such
voluntary family planning project shall meet the following requirements:
(1) service providers or referral agents in the project shall not
implement or be subject to quotas, or other numerical targets, of total
number of births, number of family planning acceptors, or acceptors of a
particular method of family planning (this provision shall not be
construed to include the use of quantitative estimates or indicators for
budgeting and planning purposes); (2) the project shall not include
payment of incentives, bribes, gratuities, or financial reward to: (A)
an individual in exchange for becoming a family planning acceptor; or
(B) program personnel for achieving a numerical target or quota of total
number of births, number of family planning acceptors, or acceptors of a
particular method of family planning; (3) the project shall not deny any
right or benefit, including the right of access to participate in any
program of general welfare or the right of access to health care, as a
consequence of any individual's decision not to accept family planning
services; (4) the project shall provide family planning acceptors
comprehensible information on the health benefits and risks of the
method chosen, including those conditions that might render the use of
the method inadvisable and those adverse side effects known to be
consequent to the use of the method; and (5) the project shall ensure
that experimental contraceptive drugs and devices and medical procedures
are provided only in the context of a scientific study in which
participants are advised of potential risks and benefits; and, not less
than 60 days after
[[Page 125 STAT. 1177]]
the date on which the USAID Administrator determines that there has been
a violation of the requirements contained in paragraph (1), (2), (3), or
(5) of this proviso, or a pattern or practice of violations of the
requirements contained in paragraph (4) of this proviso, the
Administrator shall submit to the Committees on Appropriations a report
containing a description of such violation and the corrective action
taken by the <<NOTE: Grants. Non-discrimination. Compliance.>> Agency:
Provided further, That in awarding grants for natural family planning
under section 104 of the Foreign Assistance Act of 1961 no applicant
shall be discriminated against because of such applicant's religious or
conscientious commitment to offer only natural family planning; and,
additionally, all such applicants shall comply with the requirements of
the previous proviso: Provided further, That for purposes of this or
any other Act authorizing or appropriating funds for the Department of
State, foreign operations, and related programs, the term ``motivate'',
as it relates to family planning assistance, shall not be construed to
prohibit the provision, consistent with local law, of information or
counseling about all pregnancy options: Provided
further, <<NOTE: Condoms.>> That information provided about the use of
condoms as part of projects or activities that are funded from amounts
appropriated by this Act shall be medically accurate and shall include
the public health benefits and failure rates of such use.
In addition, for necessary expenses to carry out the provisions of
the Foreign Assistance Act of 1961 for the prevention, treatment, and
control of, and research on, HIV/AIDS, $5,542,860,000, to remain
available until September 30, 2016, which shall be apportioned directly
to the Department of State: Provided, That funds appropriated under
this paragraph may be made available, notwithstanding any other
provision of law, except for the United States Leadership Against HIV/
AIDS, Tuberculosis and Malaria Act of 2003 (Public Law 108-25), as
amended, for a United States contribution to the Global Fund to Fight
AIDS, Tuberculosis and Malaria (Global Fund), and shall be expended at
the minimum rate necessary to make timely payment for projects and
activities: Provided further, That the amount of such contribution
should be $1,050,000,000: Provided further, That up to 5 percent of the
aggregate amount of funds made available to the Global Fund in fiscal
year 2012 may be made available to USAID for technical assistance
related to the activities of the Global Fund: Provided further, That of
the funds appropriated under this paragraph, up to $14,250,000 may be
made available, in addition to amounts otherwise available for such
purposes, for administrative expenses of the Office of the United States
Global AIDS Coordinator.
development assistance
For necessary expenses to carry out the provisions of sections 103,
105, 106, 214, and sections 251 through 255, and chapter 10 of part I of
the Foreign Assistance Act of 1961, $2,519,950,000, to remain available
until September 30, 2013: Provided, That relevant bureaus and offices
of the United States Agency for International Development (USAID) that
support cross-cutting development programs shall coordinate such
programs on a regular basis: Provided further, That of the funds
appropriated under this heading, not less than $23,000,000 shall be made
available for the American Schools and Hospitals Abroad program, and not
less than
[[Page 125 STAT. 1178]]
$10,000,000 shall be made available for USAID cooperative development
programs within the Office of Private and Voluntary Cooperation.
international disaster assistance
For necessary expenses to carry out the provisions of section 491 of
the Foreign Assistance Act of 1961 for international disaster relief,
rehabilitation, and reconstruction assistance, $825,000,000, to remain
available until expended.
transition initiatives
For necessary expenses for international disaster rehabilitation and
reconstruction assistance pursuant to section 491 of the Foreign
Assistance Act of 1961, $50,141,000, to remain available until expended,
to support transition to democracy and to long-term development of
countries in crisis: Provided, That such support may include assistance
to develop, strengthen, or preserve democratic institutions and
processes, revitalize basic infrastructure, and foster the peaceful
resolution of <<NOTE: Reports. Deadline.>> conflict: Provided further,
That the United States Agency for International Development shall submit
a report to the Committees on Appropriations at least 5 days prior to
beginning a new program of <<NOTE: Determination.>> assistance:
Provided further, That if the Secretary of State determines that it is
important to the national interests of the United States to provide
transition assistance in excess of the amount appropriated under this
heading, up to $15,000,000 of the funds appropriated by this Act to
carry out the provisions of part I of the Foreign Assistance Act of 1961
may be used for purposes of this heading and under the authorities
applicable to funds appropriated under this heading: Provided
further, <<NOTE: Consultation.>> That funds made available pursuant to
the previous proviso shall be made available subject to prior
consultation with the Committees on Appropriations.
complex crises fund
For necessary expenses to carry out the provisions of the Foreign
Assistance Act of 1961 to enable the Administrator of the United States
Agency for International Development (USAID), in consultation with the
Secretary of State, to support programs and activities to prevent or
respond to emerging or unforeseen complex crises overseas, $10,000,000,
to remain available until expended: Provided, That funds appropriated
under this heading may be made available on such terms and conditions as
the USAID Administrator may determine, in consultation with the
Committees on Appropriations, for the purposes of preventing or
responding to such crises, except that no funds shall be made available
to respond to natural disasters: Provided further, That funds
appropriated under this heading may be made available notwithstanding
any other provision of law, except sections 7007, 7008, and 7018 of this
Act and section 620M of the Foreign Assistance Act of 1961, as amended
by this Act: Provided further, <<NOTE: Notification. Deadline.>> That
funds appropriated under this heading shall be subject to the regular
notification procedures of the Committees on Appropriations, except that
such notifications shall be transmitted at least 5 days in advance of
the obligation of funds.
[[Page 125 STAT. 1179]]
development credit authority
(including transfer of funds)
For the cost of direct loans and loan guarantees provided by the
United States Agency for International Development, as authorized by
sections 256 and 635 of the Foreign Assistance Act of 1961, up to
$40,000,000 may be derived by transfer from funds appropriated by this
Act to carry out part I of such Act and under the heading ``Assistance
for Europe, Eurasia and Central Asia'': Provided, That funds provided
under this paragraph and funds provided as a gift pursuant to section
635(d) of the Foreign Assistance Act of 1961 shall be made available
only for micro and small enterprise programs, urban programs, and other
programs which further the purposes of part I of such Act: Provided
further, That such costs, including the cost of modifying such direct
and guaranteed loans, shall be as defined in section 502 of the
Congressional Budget Act of 1974, as amended: Provided
further, <<NOTE: Notification.>> That funds made available by this
paragraph may be used for the cost of modifying any such guaranteed
loans under this Act or prior Acts, and funds used for such costs shall
be subject to the regular notification procedures of the Committees
on <<NOTE: Applicability. Loans.>> Appropriations: Provided further,
That the provisions of section 107A(d) (relating to general provisions
applicable to the Development Credit Authority) of the Foreign
Assistance Act of 1961, as contained in section 306 of H.R. 1486 as
reported by the House Committee on International Relations on May 9,
1997, shall be applicable to direct loans and loan guarantees provided
under this heading, except that the principal amount of loans made or
guaranteed under this heading with respect to any single country shall
not exceed $300,000,000: Provided further, That these funds are
available to subsidize total loan principal, any portion of which is to
be guaranteed, of up to $750,000,000.
In addition, for administrative expenses to carry out credit
programs administered by the United States Agency for International
Development, $8,300,000, which may be transferred to, and merged with,
funds made available under the heading ``Operating Expenses'' in title
II of this Act: Provided, That funds made available under this heading
shall remain available until September 30, 2014.
economic support fund
(including transfer of funds)
For necessary expenses to carry out the provisions of chapter 4 of
part II of the Foreign Assistance Act of 1961, $3,001,745,000, to remain
available until September 30, 2013: Provided, That of the funds
appropriated under this heading, $250,000,000 shall be available for
assistance for Egypt, including not less than $35,000,000 for education
programs of which not less than $10,000,000 is for scholarships at not-
for-profit institutions for Egyptian students with high financial need,
and to implement section 7041(a)(3) and (b) of this Act: Provided
further, <<NOTE: Cyprus.>> That funds appropriated under this heading
that are made available for assistance for Cyprus shall be used only for
scholarships, administrative support of the scholarship program,
bicommunal projects, and measures aimed at reunification of the island
and designed to reduce
[[Page 125 STAT. 1180]]
tensions and promote peace and cooperation between the two communities
on Cyprus: Provided further, That $12,000,000 of the funds made
available for assistance for Lebanon under this heading shall be for
scholarships at not-for-profit institutions for students in Lebanon with
high financial need: Provided further, That of the funds appropriated
under this heading, not less than $360,000,000 shall be available for
assistance for Jordan: Provided further, That up to $30,000,000 of the
funds appropriated for fiscal year 2011 under this heading in Public Law
112-10, division B, may be made available for the costs, as defined in
section 502 of the Congressional Budget Act of 1974, of loan guarantees
for Tunisia, which are authorized to be provided: Provided further,
That amounts that are made available under the previous proviso for the
cost of guarantees shall not be considered ``assistance'' for the
purposes of provisions of law limiting assistance to a country:
Provided further, That of the funds appropriated under this heading, not
less than $179,000,000 shall be apportioned directly to the United
States Agency for International Development for alternative development/
institution building programs in Colombia: Provided further, That of
the funds appropriated under this heading that are available for
assistance for Colombia, not less than $7,000,000 shall be transferred
to, and merged with, funds appropriated under the heading ``Migration
and Refugee Assistance'' and shall be made available only for assistance
to nongovernmental and international organizations that provide
assistance to Colombian refugees in neighboring countries: Provided
further, That in consultation with the Secretary of the Treasury, the
Secretary of State may transfer up to $200,000,000 of the funds made
available under this heading to funds appropriated in this Act under the
headings ``Multilateral Assistance, Funds Appropriated to the President,
International Financial Institutions'' for additional payments to such
institutions, facilities, and funds enumerated under
such <<NOTE: Consultation.>> headings: Provided further, That prior to
exercising the transfer authority under the previous proviso the
Secretary of State shall consult with the Committees on Appropriations.
democracy fund
For necessary expenses to carry out the provisions of the Foreign
Assistance Act of 1961 for the promotion of democracy globally,
$114,770,000, to remain available until September 30, 2013, of which
$68,000,000 shall be made available for the Human Rights and Democracy
Fund of the Bureau of Democracy, Human Rights and Labor, Department of
State, and $46,770,000 shall be made available for the Office of
Democracy and Governance of the Bureau for Democracy, Conflict, and
Humanitarian Assistance, United States Agency for International
Development.
assistance for europe, eurasia and central asia
For necessary expenses to carry out the provisions of the Foreign
Assistance Act of 1961, the FREEDOM Support Act, and the Support for
East European Democracy (SEED) Act of 1989, $626,718,000, to remain
available until September 30, 2013, which shall be available,
notwithstanding any other provision of law, for assistance and for
related programs for countries identified in section 3 of the FREEDOM
Support Act and section 3(c) of the SEED Act: Provided, That funds
appropriated under this
[[Page 125 STAT. 1181]]
heading 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 for the use of economic
assistance: Provided further, That funds made available for the
Southern Caucasus region may be used for confidence-building measures
and other activities in furtherance of the peaceful resolution of
conflicts, including in Nagorno-Karabakh.
Department of State
migration and refugee assistance
For necessary expenses not otherwise provided for, to enable the
Secretary of State to carry out the provisions of section 2(a) and (b)
of the Migration and Refugee Assistance Act of 1962, and other
activities to meet refugee and migration needs; salaries and expenses of
personnel and dependents as authorized by the Foreign Service Act of
1980; allowances as authorized by sections 5921 through 5925 of title 5,
United States Code; purchase and hire of passenger motor vehicles; and
services as authorized by section 3109 of title 5, United States Code,
$1,639,100,000, to remain available until expended, of which $20,000,000
shall be made available for refugees resettling in Israel, and not less
than $35,000,000 shall be made available to respond to small-scale
emergency humanitarian requirements.
united states emergency refugee and migration assistance fund
For necessary expenses to carry out the provisions of section 2(c)
of the Migration and Refugee Assistance Act of 1962, as amended (22
U.S.C. 2601(c)), $27,200,000, to remain available until expended.
Independent Agencies
peace corps
(including transfer of funds)
For necessary expenses to carry out the provisions of the Peace
Corps Act (22 U.S.C. 2501-2523), including the purchase of not to exceed
five passenger motor vehicles for administrative purposes for use
outside of the United States, $375,000,000, of which $5,150,000 is for
the Office of Inspector General, to remain available until September 30,
2013: Provided, That the Director of the Peace Corps may transfer to
the Foreign Currency Fluctuations Account, as authorized by 22 U.S.C.
2515, an amount not to exceed $5,000,000: Provided further, That funds
transferred pursuant to the previous proviso may not be derived from
amounts made available for Peace Corps overseas operations: Provided
further, That of the funds appropriated under this heading, not to
exceed $4,000 may be made available for
entertainment <<NOTE: Consultation. Notification. Waiver
authority.>> expenses: Provided further, That any decision to open,
close, significantly reduce, or suspend a domestic or overseas office or
country program shall be subject to prior consultation with, and the
regular notification procedures of, the Committees on Appropriations,
except that prior consultation and regular notification procedures may
be waived when
[[Page 125 STAT. 1182]]
there is a substantial security risk to volunteers or other Peace Corps
personnel, pursuant to section 7015(e) of this <<NOTE: Abortion.>> Act:
Provided further, That none of the funds appropriated under this heading
shall be used to pay for abortions.
millennium challenge corporation
For necessary expenses to carry out the provisions of the Millennium
Challenge Act of 2003, $898,200,000 to remain available until expended:
Provided, That of the funds appropriated under this heading, up to
$105,000,000 may be available for administrative expenses of the
Millennium Challenge Corporation (the Corporation): Provided further,
That up to 5 percent of the funds appropriated under this heading may be
made available to carry out the purposes of section 616 of the
Millennium Challenge Act of 2003 for fiscal year 2012: Provided
further, <<NOTE: Applicability.>> That section 605(e) of the Millennium
Challenge Act of 2003 shall apply to funds appropriated under this
heading: Provided further, That funds appropriated under this heading
may be made available for a Millennium Challenge Compact entered into
pursuant to section 609 of the Millennium Challenge Act of 2003 only if
such Compact obligates, or contains a commitment to obligate subject to
the availability of funds and the mutual agreement of the parties to the
Compact to proceed, the entire amount of the United States Government
funding anticipated for the duration of
the <<NOTE: Notification. Deadline.>> Compact: Provided further, That
the Chief Executive Officer of the Corporation shall notify the
Committees on Appropriations not later than 15 days prior to signing any
new country compact or new threshold country program; terminating or
suspending any country compact or threshold country program; or
commencing negotiations for any new compact or threshold
country <<NOTE: Notification.>> program: Provided further, That any
funds that are deobligated from a Millennium Challenge Compact shall be
subject to the regular notification procedures of the Committees on
Appropriations prior to <<NOTE: Candidate country.>> re-obligation:
Provided further, That notwithstanding section 606(a)(2) of the
Millennium Challenge Act of 2003, a country shall be a candidate country
for purposes of eligibility for assistance for the fiscal year if the
country has a per capita income equal to or below the World Bank's lower
middle income country threshold for the fiscal year and is among the 75
lowest per capita income countries as identified by the World Bank; and
the country meets the requirements of section 606(a)(1)(B) of the
Millennium Challenge Act of 2003: Provided further, That
notwithstanding section 606(b)(1) of the Millennium Challenge Act of
2003, in addition to countries described in the preceding proviso, a
country shall be a candidate country for purposes of eligibility for
assistance for the fiscal year if the country has a per capita income
equal to or below the World Bank's lower middle income country threshold
for the fiscal year and is not among the 75 lowest per capita income
countries as identified by the World Bank; and the country meets the
requirements of section 606(a)(1)(B) of the Millennium Challenge Act of
2003: Provided further, That any Millennium Challenge Corporation
candidate country under section 606 of the Millennium Challenge Act of
2003 with a per capita income that changes in the fiscal year such that
the country would be reclassified from a low income country to a lower
middle income country or from a lower middle income country to a low
income country shall retain its candidacy
[[Page 125 STAT. 1183]]
status in its former income classification for the fiscal year and the
two subsequent fiscal years: Provided further, That of the funds
appropriated under this heading, not to exceed $100,000 may be available
for representation and entertainment allowances, of which not to exceed
$5,000 may be available for entertainment allowances.
inter-american foundation
For necessary expenses to carry out the functions of the Inter-
American Foundation in accordance with the provisions of section 401 of
the Foreign Assistance Act of 1969, $22,500,000, to remain available
until September 30, 2013: Provided, That of the funds appropriated
under this heading, not to exceed $2,000 may be available for
entertainment and representation allowances.
african development foundation
For necessary expenses to carry out title V of the International
Security and Development Cooperation Act of 1980 (Public Law 96-533),
$30,000,000, to remain available until September 30, 2013: Provided,
That funds made available to grantees may be invested pending
expenditure for project purposes when authorized by the Board of
Directors of the Foundation: Provided further, That interest earned
shall be used only for the purposes for which the grant was made:
Provided further, <<NOTE: Waiver authority.>> That notwithstanding
section 505(a)(2) of the African Development Foundation Act, in
exceptional circumstances the Board of Directors of the Foundation may
waive the $250,000 limitation contained in that section with respect to
a project and a project may exceed the limitation by up to 10 percent if
the increase is due solely to foreign currency fluctuation: Provided
further, <<NOTE: Reports.>> That the Foundation shall provide a report
to the Committees on Appropriations after each time such waiver
authority is exercised.
Department of the Treasury
international affairs technical assistance
For necessary expenses to carry out the provisions of section 129 of
the Foreign Assistance Act of 1961, $25,448,000, to remain available
until September 30, 2014, which shall be available notwithstanding any
other provision of law.
debt restructuring
For the cost, as defined in section 502 of the Congressional Budget
Act of 1974, of modifying loans and loan guarantees, as the President
may determine, for which funds have been appropriated or otherwise made
available for programs within the International Affairs Budget Function
150, including the cost of selling, reducing, or canceling amounts owed
to the United States as a result of concessional loans made to eligible
countries, pursuant to part V of the Foreign Assistance Act of 1961,
$12,000,000, to remain available until September 30, 2013.
[[Page 125 STAT. 1184]]
TITLE IV
INTERNATIONAL SECURITY ASSISTANCE
Department of State
international narcotics control and law enforcement
For necessary expenses to carry out section 481 of the Foreign
Assistance Act of 1961, $1,061,100,000, to remain available until
September 30, 2013: Provided, <<NOTE: Notification.>> That during
fiscal year 2012, the Department of State may also use the authority of
section 608 of the Foreign Assistance Act of 1961, without regard to its
restrictions, to receive excess property from an agency of the United
States Government for the purpose of providing it to a foreign country
or international organization under chapter 8 of part I of that Act
subject to the regular notification procedures of the Committees on
Appropriations: Provided further, <<NOTE: Deadline. Reports.>> That the
Secretary of State shall provide to the Committees on Appropriations not
later than 45 days after the date of enactment of this Act and prior to
the initial obligation of funds appropriated under this heading, a
report on the proposed uses of all funds under this heading on a
country-by-country basis for each proposed program, project, or
activity: Provided further, That section 482(b) of the Foreign
Assistance Act of 1961 shall not apply to funds appropriated under this
heading: Provided further, <<NOTE: Notification.>> That assistance
provided with funds appropriated under this heading that is made
available notwithstanding section 482(b) of the Foreign Assistance Act
of 1961 shall be made available subject to the regular notification
procedures of the Committees
on <<NOTE: Bolivia. Determination. Reports.>> Appropriations: Provided
further, That none of the funds appropriated under this heading shall be
made available for assistance for the Bolivian military and police
unless the Secretary of State determines and reports to the Committees
on Appropriations that such funds are in the national security interest
of the United States: Provided further, That, notwithstanding any other
provision of law, of the funds appropriated under this heading,
$5,000,000 should be made available to combat piracy of United States
copyrighted materials, consistent with the requirements of section
688(a) and (b) of the Department of State, Foreign Operations, and
Related Programs Appropriations Act, 2008 (division J of Public Law 110-
161): Provided further, <<NOTE: Applicability.>> That the reporting
requirements contained in section 1404 of Public Law 110-252 shall apply
to funds made available by this Act, including a description of
modifications, if any, to the security strategy of the Palestinian
Authority: Provided further, That the provision of assistance which is
comparable to assistance made available under this heading but which is
provided under any other provision of law, shall be provided in
accordance with the provisions of sections 481(b) and 622(c) of the
Foreign Assistance Act of 1961.
nonproliferation, anti-terrorism, demining and related programs
For necessary expenses for nonproliferation, anti-terrorism,
demining and related programs and activities, $590,113,000, to carry out
the provisions of chapter 8 of part II of the Foreign Assistance Act of
1961 for anti-terrorism assistance, chapter 9 of part II of the Foreign
Assistance Act of 1961, section 504 of the
[[Page 125 STAT. 1185]]
FREEDOM Support Act, section 23 of the Arms Export Control Act or the
Foreign Assistance Act of 1961 for demining activities, the clearance of
unexploded ordnance, the destruction of small arms, and related
activities, notwithstanding any other provision of law, including
activities implemented through nongovernmental and international
organizations, and section 301 of the Foreign Assistance Act of 1961 for
a voluntary contribution to the International Atomic Energy Agency
(IAEA), and for a United States contribution to the Comprehensive
Nuclear Test Ban Treaty Preparatory Commission: Provided, That the
clearance of unexploded ordnance should prioritize areas where such
ordnance was caused by the United States: Provided
further, <<NOTE: Consultation. Notification.>> That of the funds made
available under this heading, not to exceed $30,000,000, to remain
available until expended, may be made available for the Nonproliferation
and Disarmament Fund, notwithstanding any other provision of law and
subject to prior consultation with, and the regular notification
procedures of, the Committees on Appropriations, to promote bilateral
and multilateral activities relating to nonproliferation, disarmament
and weapons destruction: Provided further, That such funds may also be
used for such countries other than the Independent States of the former
Soviet Union and international organizations when it is in the national
security interest of the United States to do so: Provided
further, <<NOTE: Determination. Israel.>> That funds appropriated under
this heading may be made available for the IAEA unless the Secretary of
State determines that Israel is being denied its right to participate in
the activities of that Agency: Provided further, That funds
appropriated under this heading may be made available for public-private
partnerships for conventional weapons and mine action by grant,
cooperative agreement or contract: Provided further, That funds made
available for demining and related activities, in addition to funds
otherwise available for such purposes, may be used for administrative
expenses related to the operation and management of the demining
program: Provided further, That funds appropriated under this heading
that are available for ``Anti-terrorism Assistance'' and ``Export
Control and Border Security'' shall remain available until September 30,
2013.
peacekeeping operations
For necessary expenses to carry out the provisions of section 551 of
the Foreign Assistance Act of 1961, $302,818,000: Provided, That funds
appropriated under this heading may be used, notwithstanding section 660
of such Act, to provide assistance to enhance the capacity of foreign
civilian security forces, including gendarmes, to participate in
peacekeeping operations: Provided further, That of the funds
appropriated under this heading, not less than $28,000,000 shall be made
available for a United States contribution to the Multinational Force
and Observers mission in the Sinai: Provided further, That of the funds
appropriated under this heading, up to $91,818,000 may be used to pay
assessed expenses of international peacekeeping activities in Somalia
and shall be available until September 30, 2013: Provided
further, <<NOTE: Child soldiers.>> That funds appropriated under this
Act should not be used to support any military training or operations
that include <<NOTE: Notification.>> child soldiers: Provided further,
That none of the funds appropriated under this heading shall be
obligated or expended except as provided through the regular
notification procedures of the Committees on Appropriations.
[[Page 125 STAT. 1186]]
Funds Appropriated to the President
international military education and training
For <<NOTE: Notification.>> necessary expenses to carry out the
provisions of section 541 of the Foreign Assistance Act of 1961,
$105,788,000, of which up to $4,000,000 may remain available until
September 30, 2013, and may only be provided through the regular
notification procedures of the Committees on Appropriations: Provided,
That the civilian personnel for whom military education and training may
be provided under this heading may include civilians who are not members
of a government whose participation would contribute to improved civil-
military relations, civilian control of the military, or respect for
human rights: Provided further, <<NOTE: Deadline. Reports.>> That the
Secretary of State shall provide to the Committees on Appropriations,
not later than 45 days after enactment of this Act, a report on the
proposed uses of all program funds under this heading on a country-by-
country basis, including a detailed description of proposed activities:
Provided further, That of the funds appropriated under this heading, not
to exceed $55,000 may be available for entertainment allowances.
foreign military financing program
For <<NOTE: Notification.>> necessary expenses for grants to enable
the President to carry out the provisions of section 23 of the Arms
Export Control Act, $5,210,000,000: Provided, That to expedite the
provision of assistance to foreign countries and international
organizations, the Secretary of State, following consultation with the
Committees on Appropriations and subject to the regular notification
procedures of such Committees, may use the funds appropriated under this
heading to procure defense articles and services to enhance the capacity
of foreign security forces: Provided further, That of the funds
appropriated under this heading, not less than $3,075,000,000 shall be
available for grants only for Israel, and $1,300,000,000 shall be made
available for grants only for Egypt, including for border security
programs and activities in
the <<NOTE: Israel. Disbursement. Deadline.>> Sinai: Provided further,
That the funds appropriated under this heading for assistance for Israel
shall be disbursed within 30 days of enactment of this Act: Provided
further, That to the extent that the Government of Israel requests that
funds be used for such purposes, grants made available for Israel under
this heading shall, as agreed by the United States and Israel, be
available for advanced weapons systems, of which not less than
$808,725,000 shall be available for the procurement in Israel of defense
articles and defense services, including research and development:
Provided further, That funds appropriated under this heading estimated
to be outlayed for Egypt during fiscal year 2012 may be transferred to
an interest bearing account for Egypt in the Federal Reserve Bank of New
York: Provided further, That of the funds appropriated under this
heading, $300,000,000 shall be made available for assistance for Jordan:
Provided further, <<NOTE: Deadline. Reports.>> That, not later than 90
days after enactment of this Act and 6 months thereafter, the Secretary
of State shall submit a report to the Committees on Appropriations
detailing any crowd control items, including tear gas, made available
with appropriated funds or through export licenses to foreign security
forces that the Secretary of State has credible information have
repeatedly used excessive force to repress peaceful, lawful, and
[[Page 125 STAT. 1187]]
organized dissent: Provided further, That the Secretary of State should
consult with the Committees on Appropriations prior to obligating funds
for such items to governments of countries undergoing democratic
transition in the Middle East and North Africa: Provided further, That
none of the funds made available under this heading shall be made
available to support or continue any program initially funded under the
authority of section 1206 of the National Defense Authorization Act for
Fiscal Year 2006 (Public Law 109-163; 119 Stat. 3456) unless the
Secretary of State, in coordination with the Secretary of Defense, has
justified such program to the Committees on Appropriations: Provided
further, That funds appropriated or otherwise made available under this
heading shall be nonrepayable notwithstanding any requirement in section
23 of the Arms Export Control Act: Provided further, That funds made
available under this heading shall be obligated upon apportionment in
accordance with paragraph (5)(C) of title 31, United States Code,
section 1501(a).
None of the funds made available under this heading shall be
available to finance the procurement of defense articles, defense
services, or design and construction services that are not sold by the
United States Government under the Arms Export Control Act unless the
foreign country proposing to make such procurement has first signed an
agreement with the United States Government specifying the conditions
under which such procurement may be financed with such funds:
Provided, <<NOTE: Notification.>> That all country and funding level
increases in allocations shall be submitted through the regular
notification procedures of section 7015 of this Act: Provided further,
That funds made available under this heading may be used,
notwithstanding any other provision of law, for demining, the clearance
of unexploded ordnance, and related activities, and may include
activities implemented through nongovernmental and international
organizations: Provided further, That only those countries for which
assistance was justified for the ``Foreign Military Sales Financing
Program'' in the fiscal year 1989 congressional presentation for
security assistance programs may utilize funds made available under this
heading for procurement of defense articles, defense services or design
and construction services that are not sold by the United States
Government under the Arms Export Control Act: Provided further, That
funds appropriated under this heading shall be expended at the minimum
rate necessary to make timely payment for defense articles
and <<NOTE: Notification.>> services: Provided further, That not more
than $62,800,000 of the funds appropriated under this heading may be
obligated for necessary expenses, including the purchase of passenger
motor vehicles for replacement only for use outside of the United
States, for the general costs of administering military assistance and
sales, except that this limitation may be exceeded only through the
regular notification procedures of the Committees on Appropriations:
Provided further, That of the funds appropriated under this heading for
general costs of administering military assistance and sales, not to
exceed $4,000 may be available for entertainment expenses and not to
exceed $130,000 may be available for representation allowances:
Provided further, <<NOTE: Notification.>> That not more than
$836,900,000 of funds realized pursuant to section 21(e)(1)(A) of the
Arms Export Control Act may be obligated for expenses incurred by the
Department of Defense during fiscal year 2012 pursuant to section 43(b)
of the Arms Export Control Act,
[[Page 125 STAT. 1188]]
except that this limitation may be exceeded only through the regular
notification procedures of the Committees on Appropriations.
TITLE V
MULTILATERAL ASSISTANCE
Funds Appropriated to the President
international organizations and programs
For necessary expenses to carry out the provisions of section 301 of
the Foreign Assistance Act of 1961, and of section 2 of the United
Nations Environment Program Participation Act of 1973, $348,705,000, of
which up to $10,000,000 may be made available for the Intergovernmental
Panel on Climate Change/United Nations Framework Convention on Climate
Change: Provided, That section 307(a) of the Foreign Assistance Act of
1961 shall not apply to contributions to the United Nations Democracy
Fund.
international financial institutions
global environment facility
For payment to the International Bank for Reconstruction and
Development as trustee for the Global Environment Facility by the
Secretary of the Treasury, $89,820,000, to remain available until
expended.
contribution to the international development association
For payment to the International Development Association by the
Secretary of the Treasury, $1,325,000,000, to remain available until
expended.
For payment to the International Development Association by the
Secretary of the Treasury for costs incurred under the Multilateral Debt
Relief Initiative, $167,000,000, to remain available until expended.
contribution to the international bank for reconstruction and
development
For payment to the International Bank for Reconstruction and
Development by the Secretary of the Treasury, for the United States
share of the paid-in portion of the increases in capital stock,
$117,364,344, to remain available until expended.
limitation on callable capital subscriptions
The United States Governor of the International Bank for
Reconstruction and Development may subscribe without fiscal year
limitation to the callable capital portion of the United States share of
increases in capital stock in an amount not to exceed $2,928,990,899.
contribution to the clean technology fund
For payment to the International Bank for Reconstruction and
Development as trustee for the Clean Technology Fund by the
[[Page 125 STAT. 1189]]
Secretary of the Treasury, $184,630,000, to remain available until
expended.
contribution to the strategic climate fund
For payment to the International Bank for Reconstruction and
Development as trustee for the Strategic Climate Fund by the Secretary
of the Treasury, $49,900,000, to remain available until expended.
global agriculture and food security program
For payment to the Global Agriculture and Food Security Program by
the Secretary of the Treasury, $135,000,000, to remain available until
expended.
contribution to the inter-american development bank
For payment to the Inter-American Development Bank by the Secretary
of the Treasury for the United States share of the paid-in portion of
the increase in capital stock, $75,000,000, to remain available until
expended.
For payment to the Inter-American Investment Corporation by the
Secretary of the Treasury, $4,670,000, to remain available until
expended.
limitation on callable capital subscriptions
The United States Governor of the Inter-American Development Bank
may subscribe without fiscal year limitation to the callable capital
portion of the United States share of such capital stock in an amount
not to exceed $4,098,794,833.
contribution to the enterprise for the americas multilateral investment
fund
For payment to the Enterprise for the Americas Multilateral
Investment Fund by the Secretary of the Treasury, $25,000,000, to remain
available until expended.
contribution to the asian development bank
For payment to the Asian Development Bank by the Secretary of the
Treasury for the United States share of the paid-in portion of increase
in capital stock, $106,586,000, to remain available until expended.
limitation on callable capital subscriptions
The United States Governor of the Asian Development Bank may
subscribe without fiscal year limitation to the callable capital portion
of the United States share of such capital stock in an amount not to
exceed $2,558,048,769.
contribution to the asian development fund
For payment to the Asian Development Bank's Asian Development Fund
by the Secretary of the Treasury, $100,000,000, to remain available
until expended.
[[Page 125 STAT. 1190]]
contribution to the african development bank
For payment to the African Development Bank by the Secretary of the
Treasury for the United States share of the paid-in portion of the
increase in capital stock, $32,417,720, to remain available until
expended.
limitation on callable capital subscriptions
The United States Governor of the African Development Bank may
subscribe without fiscal year limitation to the callable capital portion
of the United States share of such capital stock in an amount not to
exceed $507,860,808.
contribution to the african development fund
For payment to the African Development Fund by the Secretary of the
Treasury, $172,500,000, to remain available until expended.
For payment to the African Development Fund by the Secretary of the
Treasury for costs incurred under the Multilateral Debt Relief
Initiative, $7,500,000, to remain available until expended.
european bank for reconstruction and development
limitation on callable capital subscriptions
The United States Governor of the European Bank for Reconstruction
and Development may subscribe without fiscal year limitation to the
callable capital of the United States share of such capital in an amount
not to exceed $1,252,331,952.
contribution to the international fund for agricultural development
For payment to the International Fund for Agricultural Development
by the Secretary of the Treasury, $30,000,000, to remain available until
expended.
TITLE VI
EXPORT AND INVESTMENT ASSISTANCE
Export-import Bank of the United States
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, $4,000,000, to remain available until September 30, 2013.
program account
The <<NOTE: Contracts.>> Export-Import Bank of the United States is
authorized to make such expenditures within the limits of funds and
borrowing authority available to such corporation, and in accordance
with law, and to make such contracts and commitments without regard to
fiscal year limitations, as provided by section 104 of the Government
Corporation Control Act, as may be necessary in carrying
[[Page 125 STAT. 1191]]
out the program for the current fiscal year for such corporation:
Provided, That none of the funds available during the current fiscal
year may be used to make expenditures, contracts, or commitments for the
export of nuclear equipment, fuel, or technology to any country, other
than a nuclear-weapon state as defined in Article IX of the Treaty on
the Non-Proliferation of Nuclear Weapons eligible to receive economic or
military assistance under this Act, that has detonated a nuclear
explosive after the date of the enactment of this Act: Provided
further, That not less than 10 percent of the aggregate loan, guarantee,
and insurance authority available to the Export-Import Bank under this
Act should be used for renewable energy technologies or end-use energy
efficiency technologies: Provided further, <<NOTE: Termination date. 12
USC 635 note.>> That notwithstanding section 1(c) of Public Law 103-428,
as amended, sections 1(a) and (b) of Public Law 103-428 shall remain in
effect through October 1, 2012: Provided further, <<NOTE: 12 USC 635f
note.>> That notwithstanding the dates specified in section 7 of the
Export-Import Bank Act of 1945 (12 U.S.C. 6350 and section 1(c) of
Public Law 103-428), the Export-Import Bank of the United States shall
continue to exercise its functions in connection with and in furtherance
of its objects and purposes through May 31, 2012.
subsidy appropriation
For the cost of direct loans, loan guarantees, insurance, and tied-
aid grants as authorized by section 10 of the Export-Import Bank Act of
1945, as amended, not to exceed $58,000,000: 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, <<NOTE: Termination date. Loans.>> That such funds shall remain
available until September 30, 2027, for the disbursement of direct
loans, loan guarantees, insurance and tied-aid grants obligated in
fiscal years 2012, 2013, 2014, and 2015: Provided
further, <<NOTE: Notification.>> That none of the funds appropriated by
this Act or any prior Acts appropriating funds for the Department of
State, foreign operations, and related programs for tied-aid credits or
grants may be used for any other purpose except through the regular
notification procedures of the Committees on Appropriations.
administrative expenses
For administrative expenses to carry out the direct and guaranteed
loan and insurance programs, including hire of passenger motor vehicles
and services as authorized by 5 U.S.C. 3109, and not to exceed $30,000
for official reception and representation expenses for members of the
Board of Directors, not to exceed $89,900,000: Provided, That the
Export-Import Bank may accept, and use, payment or services provided by
transaction participants for legal, financial, or technical services in
connection with any transaction for which an application for a loan,
guarantee or insurance commitment has been made: Provided
further, <<NOTE: Termination date. 12 USC 635a note.>> That
notwithstanding subsection (b) of section 117 of the Export Enhancement
Act of 1992, subsection (a) thereof shall remain in effect until October
1, 2012: Provided further, That the Export-Import Bank shall charge
fees for necessary expenses (including special services performed on a
contract or fee basis, but not including other personal services) in
connection with the collection of moneys owed the Export-Import Bank,
repossession or sale of pledged collateral
[[Page 125 STAT. 1192]]
or other assets acquired by the Export-Import Bank in satisfaction of
moneys owed the Export-Import Bank, or the investigation or appraisal of
any property, or the evaluation of the legal, financial, or technical
aspects of any transaction for which an application for a loan,
guarantee or insurance commitment has been made, or systems
infrastructure directly supporting transactions: Provided further,
That, in addition to other funds appropriated for administrative
expenses, such fees shall be credited to this account, to remain
available until expended.
receipts collected
Receipts collected pursuant to the Export-Import Bank Act of 1945,
as amended, and the Federal Credit Reform Act of 1990, as amended, in an
amount not to exceed the amount appropriated herein, shall be credited
as offsetting collections to this account: Provided, That the sums
herein appropriated from the General Fund shall be reduced on a dollar-
for-dollar basis by such offsetting collections so as to result in a
final fiscal year appropriation from the General Fund estimated at $0:
Provided further, That amounts collected in fiscal year 2012 in excess
of obligations, up to $50,000,000, shall become available on September
1, 2012, and shall remain available until September 30, 2015.
Overseas Private Investment Corporation
noncredit account
The Overseas Private Investment Corporation is authorized to make,
without regard to fiscal year limitations, as provided by 31 U.S.C.
9104, such expenditures and commitments within the limits of funds
available to it and in accordance with law as may be necessary:
Provided, That the amount available for administrative expenses to carry
out the credit and insurance programs (including an amount for official
reception and representation expenses which shall not exceed $35,000)
shall not exceed $54,990,000: Provided further, That project-specific
transaction costs, including direct and indirect costs incurred in
claims settlements, and other direct costs associated with services
provided to specific investors or potential investors pursuant to
section 234 of the Foreign Assistance Act of 1961, shall not be
considered administrative expenses for the purposes of this heading.
program account
For the cost of direct and guaranteed loans, $25,000,000, as
authorized by section 234 of the Foreign Assistance Act of 1961, to be
derived by transfer from the Overseas Private Investment Corporation
Noncredit Account: Provided, That such costs, including the cost of
modifying such loans, shall be as defined in section 502 of the
Congressional Budget Act of 1974: Provided further, That such sums
shall be available for direct loan obligations and loan guaranty
commitments incurred or made during fiscal years 2012, 2013, and 2014:
Provided further, That funds so obligated in fiscal year 2012 remain
available for disbursement through 2020; funds obligated in fiscal year
2013 remain available for disbursement through 2021; and funds obligated
in fiscal year 2014 remain available for disbursement through 2022:
Provided further, That
[[Page 125 STAT. 1193]]
notwithstanding any other provision of law, the Overseas Private
Investment Corporation is authorized to undertake any program authorized
by title IV of chapter 2 of part I of the Foreign Assistance Act of 1961
in Iraq: Provided further, <<NOTE: Notification.>> That funds made
available pursuant to the authority of the previous proviso shall be
subject to the regular notification procedures of the Committees on
Appropriations.
In addition, such sums as may be necessary for administrative
expenses to carry out the credit program may be derived from amounts
available for administrative expenses to carry out the credit and
insurance programs in the Overseas Private Investment Corporation
Noncredit Account and merged with said account.
trade and development agency
For necessary expenses to carry out the provisions of section 661 of
the Foreign Assistance Act of 1961, $50,000,000, to remain available
until September 30, 2013: Provided, That of the funds appropriated
under this heading, not more than $4,000 may be available for
representation and entertainment allowances.
TITLE VII
GENERAL PROVISIONS
allowances and differentials
Sec. 7001. Funds appropriated under title I of this Act shall be
available, except as otherwise provided, for allowances and
differentials as authorized by subchapter 59 of title 5, United States
Code; for services as authorized by 5 U.S.C. 3109; and for hire of
passenger transportation pursuant to 31 U.S.C. 1343(b).
unobligated balances report
Sec. 7002. Any department or agency of the United States Government
to which funds are appropriated or otherwise made available by this Act
shall provide to the Committees on Appropriations a quarterly accounting
of cumulative unobligated balances and obligated, but unexpended,
balances by program, project, and activity, and Treasury Account Fund
Symbol of all funds received by such department or agency in fiscal year
2012 or any previous fiscal year: Provided, That the report required by
this section should specify by account the amount of funds obligated
pursuant to bilateral agreements which have not been further sub-
obligated.
consulting services
Sec. 7003. <<NOTE: Contracts.>> The expenditure of any
appropriation under title I of 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.
[[Page 125 STAT. 1194]]
embassy construction
Sec. 7004. (a) Of funds provided under title I of this Act, except
as provided in subsection (b), a project to construct a diplomatic
facility of the United States may not include office space or other
accommodations for an employee of a Federal agency or department if the
Secretary of State determines that such department or agency has not
provided to the Department of State the full amount of funding required
by subsection (e) of section 604 of the Secure Embassy Construction and
Counterterrorism Act of 1999 (as enacted into law by section 1000(a)(7)
of Public Law 106-113 and contained in appendix G of that Act; 113 Stat.
1501A-453), as amended by section 629 of the Departments of Commerce,
Justice, and State, the Judiciary, and Related Agencies Appropriations
Act, 2005.
(b) Notwithstanding the prohibition in subsection (a), a project to
construct a diplomatic facility of the United States may include office
space or other accommodations for members of the United States Marine
Corps.
(c) <<NOTE: Determination.>> For the purposes of calculating the
fiscal year 2012 costs of providing new United States diplomatic
facilities in accordance with section 604(e) of the Secure Embassy
Construction and Counterterrorism Act of 1999 (22 U.S.C. 4865 note), the
Secretary of State, in consultation with the Director of the Office of
Management and Budget, shall determine the annual program level and
agency shares in a manner that is proportional to the Department of
State's contribution for this purpose.
(d) <<NOTE: Consultation. Notification.>> Funds appropriated by this
Act, and any prior Act making appropriations for the Department of
State, foreign operations, and related programs, which may be made
available for the acquisition of property for diplomatic facilities in
Afghanistan, Pakistan, and Iraq, shall be subject to prior consultation
with, and the regular notification procedures of, the Committees on
Appropriations.
(e) Section 604(e)(1) of the Secure Embassy Construction and
Counterterrorism Act of 1999 (22 U.S.C. 4865 note) is amended by
striking ``providing new,'' and inserting in its place ``providing,
maintaining, repairing, and renovating''.
(f)(1) None of the funds appropriated under the heading ``Embassy
Security, Construction, and Maintenance'' in this Act and in prior Acts
making appropriations for the Department of State, foreign operations,
and related programs, made available through Federal agency Capital
Security Cost Sharing contributions and reimbursements, or generated
from the proceeds of real property sales, other than from real property
sales located in London, United Kingdom, may be made available for site
acquisition and mitigation, planning, design or construction of the New
London Embassy.
(2) <<NOTE: Deadline. Reports.>> Within 60 days of enactment of this
Act and every 6 months thereafter until completion of the New London
Embassy, the Secretary of State shall submit to the Committees on
Appropriations a report on the project: Provided, That such report
shall include revenue and cost projections, cost containment efforts,
project schedule and actual project status, the impact of currency
exchange rate fluctuations on project revenue and costs, and options for
modifying the scope of the project in the event that proceeds of real
property sales in London fall below the total cost of the project.
[[Page 125 STAT. 1195]]
personnel actions
Sec. 7005. Any costs incurred by a department or agency funded
under title I of this Act resulting from personnel actions taken in
response to funding reductions included in this Act shall be absorbed
within the total budgetary resources available under title I to such
department or agency: Provided, That the authority to transfer funds
between appropriations accounts as may be necessary to carry out this
section is provided in addition to authorities included elsewhere in
this Act: Provided further, That use of funds to carry out this section
shall be treated as a reprogramming of funds under section 7015 of this
Act and shall not be available for obligation or expenditure except in
compliance with the procedures set forth in that section.
local guard contracts
Sec. 7006. In evaluating proposals for local guard contracts, the
Secretary of State shall award contracts in accordance with section 136
of the Foreign Relations Authorization Act, Fiscal Years 1990 and 1991
(22 U.S.C. 4864), except that the Secretary may grant authorization to
award such contracts on the basis of best value as determined by a cost-
technical tradeoff analysis (as described in Federal Acquisition
Regulation part 15.101) in Iraq, Afghanistan, and Pakistan,
notwithstanding subsection (c)(3) of such section:
Provided, <<NOTE: Applicability.>> That the authority in this section
shall apply to any options for renewal that may be exercised under such
contracts that are awarded during the current fiscal year: Provided
further, <<NOTE: Consultation.>> That prior to issuing a solicitation
for a contract to be awarded pursuant to the authority under this
section, the Secretary of State shall consult with the Committees on
Appropriations and other relevant congressional committees.
prohibition against direct funding for certain countries
Sec. 7007. None of the funds appropriated or otherwise made
available pursuant to titles III through VI of this Act shall be
obligated or expended to finance directly any assistance or reparations
for the governments of Cuba, North Korea, Iran, or Syria: Provided,
That for purposes of this section, the prohibition on obligations or
expenditures shall include direct loans, credits, insurance and
guarantees of the Export-Import Bank or its agents.
coups d'etat
Sec. 7008. None of the funds appropriated or otherwise made
available pursuant to titles III through VI of this Act shall be
obligated or expended to finance directly any assistance to the
government of any country whose duly elected head of government is
deposed by military coup d'etat or decree or, after the date of
enactment of this Act, a coup d'etat or decree in which the military
plays a decisive role:
Provided, <<NOTE: President. Determination. Certification.>> That
assistance may be resumed to such government if the President determines
and certifies to the Committees on Appropriations that subsequent to the
termination of assistance a democratically elected government has taken
office: Provided further, That the provisions of this section shall not
apply to assistance to promote democratic elections or public
participation in democratic <<NOTE: Notification.>> processes: Provided
further, That
[[Page 125 STAT. 1196]]
funds made available pursuant to the previous provisos shall be subject
to the regular notification procedures of the Committees on
Appropriations.
transfer authority
Sec. 7009. (a) Department of State and Broadcasting Board of
Governors.--
(1) Not to exceed 5 percent of any appropriation made
available for the current fiscal year for the Department of
State under title I of this Act may be transferred between such
appropriations, but no such appropriation, except as otherwise
specifically provided, shall be increased by more than 10
percent by any such transfers.
(2) Not to exceed 5 percent of any appropriation made
available for the current fiscal year for the Broadcasting Board
of Governors under title I of this Act may be transferred
between such appropriations, but no such appropriation, except
as otherwise specifically provided, shall be increased by more
than 10 percent by any such transfers.
(3) Any transfer pursuant to this section shall be treated
as a reprogramming of funds under section 7015(a) and (b) of
this Act and shall not be available for obligation or
expenditure except in compliance with the procedures set forth
in that section.
(b) Export Financing Transfer Authorities.--Not to exceed 5 percent
of any appropriation other than for administrative expenses made
available for fiscal year 2012, for programs under title VI of this Act
may be transferred between such appropriations for use for any of the
purposes, programs, and activities for which the funds in such receiving
account may be used, but no such appropriation, except as otherwise
specifically provided, shall be increased by more than 25 percent by any
such <<NOTE: Notification.>> transfer: Provided, That the exercise of
such authority shall be subject to the regular notification procedures
of the Committees on Appropriations.
(c) Limitation on Transfers Between Agencies.--
(1) None of the funds made available under titles II through
V of 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.
(2) Notwithstanding paragraph (1), in addition to transfers
made by, or authorized elsewhere in, this Act, funds
appropriated by this Act to carry out the purposes of the
Foreign Assistance Act of 1961 may be allocated or transferred
to agencies of the United States Government pursuant to the
provisions of sections 109, 610, and 632 of the Foreign
Assistance Act of 1961.
(3) <<NOTE: Notification.>> Any agreement entered into by
the United States Agency for International Development (USAID)
or the Department of State with any department, agency, or
instrumentality of the United States Government pursuant to
section 632(b) of the Foreign Assistance Act of 1961 valued in
excess of $1,000,000 and any agreement made pursuant to section
632(a) of such Act, with funds appropriated by this Act and
prior Acts making appropriations for the Department of State,
foreign operations, and related programs under the headings
``Global
[[Page 125 STAT. 1197]]
Health Programs'', ``Development Assistance'', and ``Economic
Support Fund'' shall be subject to the regular notification
procedures of the Committees on Appropriations: Provided, That
the requirement in the previous sentence shall not apply to
agreements entered into between USAID and the Department of
State.
(d) Transfers Between Accounts.--
None <<NOTE: President. Deadline. Consultation. Policy
justification.>> of the funds made available under titles II through V
of this Act may be obligated under an appropriation account to which
they were not appropriated, except for transfers specifically provided
for in this Act, unless the President, not less than 5 days prior to the
exercise of any authority contained in the Foreign Assistance Act of
1961 to transfer funds, consults with and provides a written policy
justification to the Committees on Appropriations.
(e) Audit of Inter-agency Transfers.--
Any <<NOTE: Contracts.>> agreement for the transfer or allocation of
funds appropriated by this Act, or prior Acts, entered into between the
Department of State or USAID and another agency of the United States
Government under the authority of section 632(a) of the Foreign
Assistance Act of 1961 or any comparable provision of law, shall
expressly provide that the Inspector General (IG) for the agency
receiving the transfer or allocation of such funds, or other entity with
audit responsibility if the receiving agency does not have an IG, shall
perform periodic program and financial audits of the use of such funds:
Provided, That such audits shall be transmitted to the Committees on
Appropriations: Provided further, That funds transferred under such
authority may be made available for the cost of such audits.
reporting requirement
Sec. 7010. The Secretary of State shall provide the Committees on
Appropriations, not later than April 1, 2012, and for each fiscal
quarter, a report in writing on the uses of funds made available under
the headings ``Foreign Military Financing Program'', ``International
Military Education and Training'', ``Peacekeeping Operations'', and
``Pakistan Counterinsurgency Capability Fund'': Provided, That such
report shall include a description of the obligation and expenditure of
funds, and the specific country in receipt of, and the use or purpose of
the assistance provided by such funds.
availability of funds
Sec. 7011. No part of any appropriation contained in this Act shall
remain available for obligation after the expiration of the current
fiscal year unless expressly so provided in this Act: Provided, That
funds appropriated for the purposes of chapters 1 and 8 of part I,
section 661, chapters 4, 5, 6, 8, and 9 of part II of the Foreign
Assistance Act of 1961, section 23 of the Arms Export Control Act, and
funds provided under the headings ``Assistance for Europe, Eurasia and
Central Asia'' and ``Development Credit Authority'', shall remain
available for an additional 4 years from the date on which the
availability of such funds would otherwise have expired, if such funds
are initially obligated before the expiration of their respective
periods of availability contained in this Act: Provided further, That
notwithstanding any other provision of this Act, any funds made
available for the purposes of chapter 1 of part I and chapter 4 of part
II of the Foreign Assistance Act of 1961 which are allocated or
obligated for cash
[[Page 125 STAT. 1198]]
disbursements in order to address balance of payments or economic policy
reform objectives, shall remain available for an additional 4 years from
the date on which the availability of such funds would otherwise have
expired, if such funds are initially allocated or obligated before the
expiration of their respective periods of availability contained in this
Act: Provided further, <<NOTE: Reports. Deadline.>> That the Secretary
of State shall provide a report to the Committees on Appropriations at
the beginning of each fiscal year, detailing by account and source year,
the use of this authority during the previous fiscal year.
limitation on assistance to countries in default
Sec. 7012. <<NOTE: President. Determination. Consultation.>> No
part of any appropriation provided under titles III through VI in this
Act shall be used to furnish assistance to the government of any country
which is in default during a period in excess of one calendar year in
payment to the United States of principal or interest on any loan made
to the government of such country by the United States pursuant to a
program for which funds are appropriated under this Act unless the
President determines, following consultations with the Committees on
Appropriations, that assistance for such country is in the national
interest of the United States.
prohibition on taxation of united states assistance
Sec. 7013. <<NOTE: Negotiations.>> (a) Prohibition on Taxation.--
None of the funds appropriated under titles III through VI of this Act
may be made available to provide assistance for a foreign country under
a new bilateral agreement governing the terms and conditions under which
such assistance is to be provided unless such agreement includes a
provision stating that assistance provided by the United States shall be
exempt from taxation, or reimbursed, by the foreign government, and the
Secretary of State shall expeditiously seek to negotiate amendments to
existing bilateral agreements, as necessary, to conform with this
requirement.
(b) Reimbursement of Foreign Taxes.--
An <<NOTE: Certification. Reports.>> amount equivalent to 200 percent of
the total taxes assessed during fiscal year 2012 on funds appropriated
by this Act by a foreign government or entity against commodities
financed under United States assistance programs for which funds are
appropriated by this Act, either directly or through grantees,
contractors and subcontractors shall be withheld from obligation from
funds appropriated for assistance for fiscal year 2013 and allocated for
the central government of such country and for the West Bank and Gaza
program to the extent that the Secretary of State certifies and reports
in writing to the Committees on Appropriations that such taxes have not
been reimbursed to the Government of the United States.
(c) De Minimis Exception.--Foreign taxes of a de minimis nature
shall not be subject to the provisions of subsection (b).
(d) Reprogramming of Funds.--Funds withheld from obligation for each
country or entity pursuant to subsection (b) shall be reprogrammed for
assistance to countries which do not assess taxes on United States
assistance or which have an effective arrangement that is providing
substantial reimbursement of such taxes.
(e) Determinations.--
[[Page 125 STAT. 1199]]
(1) The provisions of this section shall not apply to any
country or entity the Secretary of State determines--
(A) does not assess taxes on United States
assistance or which has an effective arrangement that is
providing substantial reimbursement of such taxes; or
(B) the foreign policy interests of the United
States outweigh the purpose of this section to ensure
that United States assistance is not subject to
taxation.
(2) <<NOTE: Consultation. Deadline.>> The Secretary of State
shall consult with the Committees on Appropriations at least 15
days prior to exercising the authority of this subsection with
regard to any country or entity.
(f) Implementation.--The <<NOTE: Regulations.>> Secretary of State
shall issue rules, regulations, or policy guidance, as appropriate, to
implement the prohibition against the taxation of assistance contained
in this section.
(g) Definitions.--As used in this section--
(1) the terms ``taxes'' and ``taxation'' refer to value
added taxes and customs duties imposed on commodities financed
with United States assistance for programs for which funds are
appropriated by this Act; and
(2) the term ``bilateral agreement'' refers to a framework
bilateral agreement between the Government of the United States
and the government of the country receiving assistance that
describes the privileges and immunities applicable to United
States foreign assistance for such country generally, or an
individual agreement between the Government of the United States
and such government that describes, among other things, the
treatment for tax purposes that will be accorded the United
States assistance provided under that agreement.
(h) Report.--The Secretary of State shall submit a report to the
Committees on Appropriations not later than 90 days after the enactment
of this Act detailing steps taken by the Department of State to comply
with the requirements provided in subsections (a) and (f).
reservations of funds
Sec. 7014. (a) Funds appropriated under titles II through VI of this
Act which are specifically designated may be reprogrammed for other
programs within the same account notwithstanding the designation if
compliance with the designation is made impossible by operation of any
provision of this or any other <<NOTE: Notification.>> Act: Provided,
That any such reprogramming shall be subject to the regular notification
procedures of the Committees on Appropriations: Provided further, That
assistance that is reprogrammed pursuant to this subsection shall be
made available under the same terms and conditions as originally
provided.
(b) <<NOTE: Extension. Determination. Reports.>> In addition to the
authority contained in subsection (a), the original period of
availability of funds appropriated by this Act and administered by the
United States Agency for International Development (USAID) that are
specifically designated for particular programs or activities by this or
any other Act shall be extended for an additional fiscal year if the
USAID Administrator determines and reports promptly to the Committees on
Appropriations that the termination of assistance to a country or a
significant change in circumstances makes it unlikely that such
designated funds
[[Page 125 STAT. 1200]]
can be obligated during the original period of availability: Provided,
That such designated funds that continue to be available for an
additional fiscal year shall be obligated only for the purpose of such
designation.
(c) Ceilings and specifically designated funding levels contained in
this Act shall not be applicable to funds or authorities appropriated or
otherwise made available by any subsequent Act unless such Act
specifically so directs: Provided, That specifically designated funding
levels or minimum funding requirements contained in any other Act shall
not be applicable to funds appropriated by this Act.
notification requirements
Sec. 7015. <<NOTE: Deadlines.>> (a) None of the funds made available
in title I of this Act, or in prior appropriations Acts to the agencies
and departments funded by this Act 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 of
currency reflows or other offsetting collections, or made available by
transfer, to the agencies and departments funded by this Act, shall be
available for obligation or expenditure through a reprogramming of funds
that:
(1) creates new programs;
(2) eliminates a program, project, or activity;
(3) increases funds or personnel by any means for any
project or activity for which funds have been denied or
restricted;
(4) relocates an office or employees;
(5) closes or opens a mission or post;
(6) creates, reorganizes, or renames bureaus, centers, or
offices;
(7) reorganizes programs or activities; or
(8) contracts out or privatizes any functions or activities
presently performed by Federal employees;
unless the Committees on Appropriations are notified 15 days in advance
of such reprogramming of funds: Provided, <<NOTE: Applicability.>> That
unless previously justified to the Committees on Appropriations, the
requirements of this subsection shall apply to all obligations of funds
appropriated under title I of this Act for items (5) and (6) above.
(b) None of the funds provided under title I of this Act, or
provided under previous appropriations Acts to the agency or department
funded under title I of this Act 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 agency or department funded under title I of this Act,
shall be available for obligation or expenditure for activities,
programs, or projects through a reprogramming of funds in excess of
$1,000,000 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 numbers of personnel by 10 percent as
approved by Congress; or
(3) results from any general savings, including savings from
a reduction in personnel, which would result in a change
[[Page 125 STAT. 1201]]
in existing programs, activities, or projects as approved by
Congress; unless the Committees on Appropriations are notified
15 days in advance of such reprogramming of funds.
(c) None of the funds made available under titles II through VI and
VIII in this Act under the headings ``Global Health Programs'',
``Development Assistance'', ``International Organizations and
Programs'', ``Trade and Development Agency'', ``International Narcotics
Control and Law Enforcement'', ``Assistance for Europe, Eurasia and
Central Asia'', ``Economic Support Fund'', ``Democracy Fund'',
``Peacekeeping Operations'', ``Capital Investment Fund'', ``Operating
Expenses'', ``Conflict Stabilization Operations'', ``Office of Inspector
General'', ``Nonproliferation, Anti-terrorism, Demining and Related
Programs'', ``Millennium Challenge Corporation'', ``Foreign Military
Financing Program'', ``International Military Education and Training'',
``Pakistan Counterinsurgency Capability Fund'', and ``Peace Corps'',
shall be available for obligation for activities, programs, projects,
type of materiel assistance, countries, or other operations not
justified or in excess of the amount justified to the Committees on
Appropriations for obligation under any of these specific headings
unless the Committees on Appropriations are notified 15 days in advance:
Provided, <<NOTE: President.>> That the President shall not enter into
any commitment of funds appropriated for the purposes of section 23 of
the Arms Export Control Act for the provision of major defense
equipment, other than conventional ammunition, or other major defense
items defined to be aircraft, ships, missiles, or combat vehicles, not
previously justified to Congress or 20 percent in excess of the
quantities justified to Congress unless the Committees on Appropriations
are notified 15 days in advance of such commitment: Provided further,
That requirements of this subsection or any similar provision of any
other Act shall not apply to any reprogramming for an activity, program,
or project for which funds are appropriated under titles II through IV
of this Act of less than 10 percent of the amount previously justified
to the Congress for obligation for such activity, program, or project
for the current fiscal year.
(d) Notwithstanding any other provision of law, with the exception
of funds transferred to, and merged with, funds appropriated under title
I of this Act, funds transferred by the Department of Defense to the
Department of State and the United States Agency for International
Development for assistance for foreign countries and international
organizations, and funds made available for programs authorized by
section 1206 of the National Defense Authorization Act for Fiscal Year
2006 (Public Law 109-163), shall be subject to the regular notification
procedures of the Committees on Appropriations.
(e) <<NOTE: Waiver authority.>> The requirements of this section or
any similar provision of this Act or any other Act, including any prior
Act requiring notification in accordance with the regular notification
procedures of the Committees on Appropriations, may be waived if failure
to do so would pose a substantial risk to human health or welfare:
Provided, <<NOTE: Deadline.>> That in case of any such waiver,
notification to the Committees on Appropriations shall be provided as
early as practicable, but in no event later than 3 days after taking the
action to which such notification requirement was applicable, in the
context of the circumstances necessitating
such <<NOTE: Explanation.>> waiver: Provided further, That any
notification provided pursuant to such a waiver shall contain an
explanation of the emergency circumstances.
[[Page 125 STAT. 1202]]
(f) None of the funds appropriated under titles III through VI and
VIII of this Act shall be obligated or expended for assistance for
Serbia, Sudan, South Sudan, Zimbabwe, Afghanistan, Iraq, Pakistan, Cuba,
Iran, Haiti, Libya, Ethiopia, Nepal, Colombia, Honduras, Burma, Yemen,
Mexico, Kazakhstan, Uzbekistan, the Russian Federation, Somalia, Sri
Lanka, or Cambodia except as provided through the regular notification
procedures of the Committees on Appropriations.
notification on excess defense equipment
Sec. 7016. Prior to providing excess Department of Defense articles
in accordance with section 516(a) of the Foreign Assistance Act of 1961,
the Department of Defense shall notify the Committees on Appropriations
to the same extent and under the same conditions as other committees
pursuant to subsection (f) of that section: Provided, That before
issuing a letter of offer to sell excess defense articles under the Arms
Export Control Act, the Department of Defense shall notify the
Committees on Appropriations in accordance with the regular notification
procedures of such Committees if such defense articles are significant
military equipment (as defined in section 47(9) of the Arms Export
Control Act) or are valued (in terms of original acquisition cost) at
$7,000,000 or more, or if notification is required elsewhere in this Act
for the use of appropriated funds for specific countries that would
receive such excess defense articles: Provided further, That such
Committees shall also be informed of the original acquisition cost of
such defense articles.
limitation on availability of funds for international organizations and
programs
Sec. 7017. <<NOTE: Notification.>> Subject to the regular
notification procedures of the Committees on Appropriations, funds
appropriated under titles III through VI of this Act and prior Acts
making appropriations for the Department of State, foreign operations,
and related programs, which are returned or not made available for
organizations and programs because of the implementation of section
307(a) of the Foreign Assistance Act of 1961 or section 7049(a) of this
Act, shall remain available for obligation until September 30, 2013.
prohibition on funding for abortions and involuntary sterilization
Sec. 7018. None of the funds made available to carry out part I of
the Foreign Assistance Act of 1961, as amended, may be used to pay for
the performance of abortions as a method of family planning or to
motivate or coerce any person to practice abortions. None of the funds
made available to carry out part I of the Foreign Assistance Act of
1961, as amended, may be used to pay for the performance of involuntary
sterilization as a method of family planning or to coerce or provide any
financial incentive to any person to undergo sterilizations. None of the
funds made available to carry out part I of the Foreign Assistance Act
of 1961, as amended, may be used to pay for any biomedical research
which relates in whole or in part, to methods of, or the performance of,
abortions or involuntary sterilization as a means of family
planning. <<NOTE: President. Certification.>> None of the funds made
available to carry out part I of
[[Page 125 STAT. 1203]]
the Foreign Assistance Act of 1961, as amended, may be obligated or
expended for any country or organization if the President certifies that
the use of these funds by any such country or organization would violate
any of the above provisions related to abortions and involuntary
sterilizations.
allocations
Sec. 7019. (a) Funds provided in this Act shall be made available
for programs and countries in the amounts contained in the respective
tables included in the joint explanatory statement accompanying this
Act.
(b) <<NOTE: Notification.>> For the purposes of implementing this
section and only with respect to the tables included in the joint
explanatory statement accompanying this Act, the Secretary of State, the
Administrator of the United States Agency for International Development
and the Broadcasting Board of Governors, as appropriate, may propose
deviations to the amounts referenced in subsection (a), subject to the
regular notification procedures of the Committees on Appropriations.
prohibition of payment of certain expenses
Sec. 7020. None of the funds appropriated or otherwise made
available by this Act under the headings ``International Military
Education and Training'' or ``Foreign Military Financing Program'' for
Informational Program activities or under the headings ``Global Health
Programs'', ``Development Assistance'', and ``Economic Support Fund''
may be obligated or expended to pay for--
(1) alcoholic beverages; or
(2) entertainment expenses for activities that are
substantially of a recreational character, including but not
limited to entrance fees at sporting events, theatrical and
musical productions, and amusement parks.
prohibition on assistance to governments supporting international
terrorism
Sec. 7021. <<NOTE: President. Determinations.>> (a) Lethal Military
Equipment Exports.--
(1) None of the funds appropriated or otherwise made
available by titles III through VI of this Act may be available
to any foreign government which provides lethal military
equipment to a country the government of which the Secretary of
State has determined supports international terrorism for
purposes of section 6(j) of the Export Administration Act of
1979: Provided, <<NOTE: Termination date.>> That the
prohibition under this section with respect to a foreign
government shall terminate 12 months after that government
ceases to provide such military equipment: Provided
further, <<NOTE: Applicability.>> That this section applies with
respect to lethal military equipment provided under a contract
entered into after October 1, 1997.
(2) Assistance restricted by paragraph (1) or any other
similar provision of law, may be furnished if the President
determines that to do so is important to the national interests
of the United States.
(3) <<NOTE: Reports.>> Whenever the President makes a
determination pursuant to paragraph (2), the President shall
submit to the Committees on Appropriations a report with respect
to the furnishing
[[Page 125 STAT. 1204]]
of such assistance, including a detailed explanation of the
assistance to be provided, the estimated dollar amount of such
assistance, and an explanation of how the assistance furthers
United States national interests.
(b) Bilateral Assistance.--
(1) Funds appropriated for bilateral assistance in titles
III through VI of this Act and funds appropriated under any such
title in prior acts making appropriations for the Department of
State, foreign operations, and related programs, shall not be
made available to any foreign government which the President
determines--
(A) grants sanctuary from prosecution to any
individual or group which has committed an act of
international terrorism;
(B) otherwise supports international terrorism; or
(C) is controlled by an organization designated as a
terrorist organization under section 219 of the
Immigration and Nationality Act.
(2) <<NOTE: Waiver authority.>> The President may waive the
application of paragraph (1) to a government if the President
determines that national security or humanitarian reasons
justify such <<NOTE: Federal Register,
publication. Deadline. Notification.>> waiver: Provided, That
the President shall publish each such waiver in the Federal
Register and, at least 15 days before the waiver takes effect,
shall notify the Committees on Appropriations of the waiver
(including the justification for the waiver) in accordance with
the regular notification procedures of the Committees on
Appropriations.
authorization requirements
Sec. 7022. Funds appropriated by this Act, except funds
appropriated under the heading ``Trade and Development Agency'', may be
obligated and expended notwithstanding section 10 of Public Law 91-672,
section 15 of the State Department Basic Authorities Act of 1956,
section 313 of the Foreign Relations Authorization Act, Fiscal Years
1994 and 1995 (Public Law 103-236), and section 504(a)(1) of the
National Security Act of 1947 (50 U.S.C. 414(a)(1)).
definition of program, project, and activity
Sec. 7023. <<NOTE: Reports. Deadline.>> For the purpose of titles
II through VI of this Act ``program, project, and activity'' shall be
defined at the appropriations Act account level and shall include all
appropriations and authorizations Acts funding directives, ceilings, and
limitations with the exception that for the following accounts:
``Economic Support Fund'' and ``Foreign Military Financing Program'',
``program, project, and activity'' shall also be considered to include
country, regional, and central program level funding within each such
account; for the development assistance accounts of the United States
Agency for International Development ``program, project, and activity''
shall also be considered to include central, country, regional, and
program level funding, either as:
(1) justified to the Congress; or
(2) allocated by the executive branch in accordance with a
report, to be provided to the Committees on Appropriations
within 30 days of the enactment of this Act, as required by
section 653(a) of the Foreign Assistance Act of 1961.
[[Page 125 STAT. 1205]]
authorities for the peace corps, inter-american foundation and african
development foundation
Sec. 7024. Unless expressly provided to the contrary, provisions of
this or any other Act, including provisions contained in prior Acts
authorizing or making appropriations for the Department of State,
foreign operations, and related programs, shall not be construed to
prohibit activities authorized by or conducted under the Peace Corps
Act, the Inter-American Foundation Act or the African Development
Foundation Act:
Provided, <<NOTE: Consultation. Reports. Deadline.>> That prior to
conducting activities in a country for which assistance is prohibited,
the agency shall consult with the Committees on Appropriations and
report to such Committees within 15 days of taking such action.
commerce, trade and surplus commodities
Sec. 7025. (a) None of the funds appropriated or made available
pursuant to titles III through VI of this Act for direct assistance and
none of the funds otherwise made available to the Export-Import Bank and
the Overseas Private Investment Corporation shall be obligated or
expended to finance any loan, any assistance or any other financial
commitments for establishing or expanding production of any commodity
for export by any country other than the United States, if the commodity
is likely to be in surplus on world markets at the time the resulting
productive capacity is expected to become operative and if the
assistance will cause substantial injury to United States producers of
the same, similar, or competing commodity:
Provided, <<NOTE: Notification.>> That such prohibition shall not apply
to the Export-Import Bank if in the judgment of its Board of Directors
the benefits to industry and employment in the United States are likely
to outweigh the injury to United States producers of the same, similar,
or competing commodity, and the Chairman of the Board so notifies the
Committees on Appropriations: Provided further, That this subsection
shall not prohibit--
(1) activities in a country that is eligible for assistance
from the International Development Association, is not eligible
for assistance from the International Bank for Reconstruction
and Development, and does not export on a consistent basis the
agricultural commodity with respect to which assistance is
furnished; or
(2) activities in a country the President determines is
recovering from widespread conflict, a humanitarian crisis, or a
complex emergency.
(b) None of the funds appropriated by this or any other Act to carry
out chapter 1 of part I of the Foreign Assistance Act of 1961 shall be
available for any testing or breeding feasibility study, variety
improvement or introduction, consultancy, publication, conference, or
training in connection with the growth or production in a foreign
country of an agricultural commodity for export which would compete with
a similar commodity grown or produced in the United States: Provided,
That this subsection shall not prohibit--
(1) activities designed to increase food security in
developing countries where such activities will not have a
significant impact on the export of agricultural commodities of
the United States;
(2) research activities intended primarily to benefit
American producers;
[[Page 125 STAT. 1206]]
(3) activities in a country that is eligible for assistance
from the International Development Association, is not eligible
for assistance from the International Bank for Reconstruction
and Development, and does not export on a consistent basis the
agricultural commodity with respect to which assistance is
furnished; or
(4) activities in a country the President determines is
recovering from widespread conflict, a humanitarian crisis, or a
complex emergency.
(c) <<NOTE: 22 USC 262h note.>> The Secretary of the Treasury shall
instruct the United States Executive Directors of the International Bank
for Reconstruction and Development, the International Development
Association, the International Finance Corporation, the Inter-American
Development Bank, the International Monetary Fund, the Asian Development
Bank, the Inter-American Investment Corporation, the North American
Development Bank, the European Bank for Reconstruction and Development,
the African Development Bank, and the African Development Fund to use
the voice and vote of the United States to oppose any assistance by
these institutions, using funds appropriated or made available pursuant
to titles III through VI of this Act, for the production or extraction
of any commodity or mineral for export, if it is in surplus on world
markets and if the assistance will cause substantial injury to United
States producers of the same, similar, or competing commodity.
separate accounts
Sec. 7026. <<NOTE: 22 USC 2362 note. Contracts.>> (a) Separate
Accounts for Local Currencies.--
(1) If assistance is furnished to the government of a
foreign country under chapters 1 and 10 of part I or chapter 4
of part II of the Foreign Assistance Act of 1961 under
agreements which result in the generation of local currencies of
that country, the Administrator of the United States Agency for
International Development (USAID) shall--
(A) require that local currencies be deposited in a
separate account established by that government;
(B) enter into an agreement with that government
which sets forth--
(i) the amount of the local currencies to be
generated; and
(ii) the terms and conditions under which the
currencies so deposited may be utilized,
consistent with this section; and
(C) establish by agreement with that government the
responsibilities of USAID and that government to monitor
and account for deposits into and disbursements from the
separate account.
(2) Uses of local currencies.--As may be agreed upon with
the foreign government, local currencies deposited in a separate
account pursuant to subsection (a), or an equivalent amount of
local currencies, shall be used only--
(A) to carry out chapter 1 or 10 of part I or
chapter 4 of part II of the Foreign Assistance Act of
1961 (as the case may be), for such purposes as--
(i) project and sector assistance activities;
or
(ii) debt and deficit financing; or
[[Page 125 STAT. 1207]]
(B) for the administrative requirements of the
United States Government.
(3) Programming accountability.--USAID shall take all
necessary steps to ensure that the equivalent of the local
currencies disbursed pursuant to subsection (a)(2)(A) from the
separate account established pursuant to subsection (a)(1) are
used for the purposes agreed upon pursuant to subsection (a)(2).
(4) Termination of assistance programs.--Upon termination of
assistance to a country under chapter 1 or 10 of part I or
chapter 4 of part II of the Foreign Assistance Act of 1961 (as
the case may be), any unencumbered balances of funds which
remain in a separate account established pursuant to subsection
(a) shall be disposed of for such purposes as may be agreed to
by the government of that country and the United States
Government.
(5) Reporting requirement.--The USAID Administrator shall
report on an annual basis as part of the justification documents
submitted to the Committees on Appropriations on the use of
local currencies for the administrative requirements of the
United States Government as authorized in subsection (a)(2)(B),
and such report shall include the amount of local currency (and
United States dollar equivalent) used and/or to be used for such
purpose in each applicable country.
(b) Separate Accounts for Cash Transfers.--
(1) If assistance is made available to the government of a
foreign country, under chapter 1 or 10 of part I or chapter 4 of
part II of the Foreign Assistance Act of 1961, as cash transfer
assistance or as nonproject sector assistance, that country
shall be required to maintain such funds in a separate account
and not commingle them with any other funds.
(2) Applicability of other provisions of law.--Such funds
may be obligated and expended notwithstanding provisions of law
which are inconsistent with the nature of this assistance
including provisions which are referenced in the Joint
Explanatory Statement of the Committee of Conference
accompanying House Joint Resolution 648 (House Report No. 98-
1159).
(3) Notification.--At <<NOTE: Deadline. President.>> least
15 days prior to obligating any such cash transfer or nonproject
sector assistance, the President shall submit a notification
through the regular notification procedures of the Committees on
Appropriations, which shall include a detailed description of
how the funds proposed to be made available will be used, with a
discussion of the United States interests that will be served by
the assistance (including, as appropriate, a description of the
economic policy reforms that will be promoted by such
assistance).
(4) Exemption.--Nonproject sector assistance funds may be
exempt from the requirements of subsection (b)(1) only through
the regular notification procedures of the Committees on
Appropriations.
eligibility for assistance
Sec. 7027. (a) Assistance Through Nongovernmental Organizations.--
Restrictions contained in this or any other Act with respect to
assistance for a country shall not be construed to restrict assistance
in support of programs of nongovernmental
[[Page 125 STAT. 1208]]
organizations from funds appropriated by this Act to carry out the
provisions of chapters 1, 10, 11, and 12 of part I and chapter 4 of part
II of the Foreign Assistance Act of 1961, and from funds appropriated
under the heading ``Assistance for Europe, Eurasia and Central Asia'':
Provided, <<NOTE: President. Notification.>> That before using the
authority of this subsection to furnish assistance in support of
programs of nongovernmental organizations, the President shall notify
the Committees on Appropriations under the regular notification
procedures of those committees, including a description of the program
to be assisted, the assistance to be provided, and the reasons for
furnishing such assistance: Provided
further, <<NOTE: Abortion. Sterilization.>> That nothing in this
subsection shall be construed to alter any existing statutory
prohibitions against abortion or involuntary sterilizations contained in
this or any other Act.
(b) Public Law 480.--During fiscal year 2012, restrictions contained
in this or any other Act with respect to assistance for a country shall
not be construed to restrict assistance under the Agricultural Trade
Development and Assistance Act of 1954: Provided, That none of the
funds appropriated to carry out title I of such Act and made available
pursuant to this subsection may be obligated or expended except as
provided through the regular notification procedures of the Committees
on Appropriations.
(c) Exception.--This section shall not apply--
(1) with respect to section 620A of the Foreign Assistance
Act of 1961 or any comparable provision of law prohibiting
assistance to countries that support international terrorism; or
(2) with respect to section 116 of the Foreign Assistance
Act of 1961 or any comparable provision of law prohibiting
assistance to the government of a country that violates
internationally recognized human rights.
impact on jobs in the united states
Sec. 7028. None of the funds appropriated under titles III through
VI of this Act may be obligated or expended to provide--
(1) any financial incentive to a business enterprise
currently located in the United States for the purpose of
inducing such an enterprise to relocate outside the United
States if such incentive or inducement is likely to reduce the
number of employees of such business enterprise in the United
States because United States production is being replaced by
such enterprise outside the United States; or
(2) assistance for any program, project, or activity that
contributes to the violation of internationally recognized
workers rights, as defined in section 507(4) of the Trade Act of
1974, of workers in the recipient country, including any
designated zone or area in that country: Provided, That the
application of section 507(4) (D) and (E) of such Act should be
commensurate with the level of development of the recipient
country and sector, and shall not preclude assistance for the
informal sector in such country, micro and small-scale
enterprise, and smallholder agriculture.
international financial institutions
Sec. 7029. (a) None of the funds appropriated under title V of this
Act may be made as payment to any international financial
[[Page 125 STAT. 1209]]
institution while the United States executive director to such
institution is compensated by the institution at a rate which, together
with whatever compensation such executive director receives from the
United States, is in excess of the rate provided for an individual
occupying a position at level IV of the Executive Schedule under section
5315 of title 5, United States Code, or while any alternate United
States executive director to such institution is compensated by the
institution at a rate in excess of the rate provided for an individual
occupying a position at level V of the Executive Schedule under section
5316 of title 5, United States Code.
(b) The Secretary of the Treasury shall instruct the United States
executive director of each international financial institution to oppose
any loan, grant, strategy or policy of such institution that would
require user fees or service charges on poor people for primary
education or primary healthcare, including prevention, care and
treatment for HIV/AIDS, malaria, tuberculosis, and infant, child, and
maternal health, in connection with such institution's financing
programs.
(c) The Secretary of the Treasury shall instruct the United States
Executive Director of the International Monetary Fund (the Fund) to use
the voice and vote of the United States to oppose any loan, project,
agreement, memorandum, instrument, plan, or other program of the Fund to
a Heavily Indebted Poor Country that imposes budget caps or restraints
that do not allow the maintenance of or an increase in governmental
spending on healthcare or education; and to promote government spending
on healthcare, education, agriculture and food security, or other
critical safety net programs in all of the Fund's activities with
respect to Heavily Indebted Poor Countries.
(d) <<NOTE: Definition.>> For the purposes of this Act
``international financial institutions'' shall mean the International
Bank for Reconstruction and Development, the International Development
Association, the International Finance Corporation, the Inter-American
Development Bank, the International Monetary Fund, the Asian Development
Bank, the Asian Development Fund, the Inter-American Investment
Corporation, the North American Development Bank, the European Bank for
Reconstruction and Development, the African Development Bank and the
African Development Fund.
debt-for-development
Sec. 7030. <<NOTE: Notification.>> In order to enhance the
continued participation of nongovernmental organizations in debt-for-
development and debt-for-nature exchanges, a nongovernmental
organization which is a grantee or contractor of the United States
Agency for International Development may place in interest bearing
accounts local currencies which accrue to that organization as a result
of economic assistance provided under title III of this Act and, subject
to the regular notification procedures of the Committees on
Appropriations, any interest earned on such investment shall be used for
the purpose for which the assistance was provided to that organization.
financial management and budget transparency
Sec. 7031. (a) Limitation on Direct Government-to-Government
Assistance.--
[[Page 125 STAT. 1210]]
(1) Funds appropriated by this Act may be made available for
direct Government-to-Government assistance only if--
(A) each implementing agency or ministry to receive
assistance has been assessed and is considered to have
the systems required to manage such assistance and any
identified vulnerabilities or weaknesses of such agency
or ministry have been addressed; and
(i) the recipient agency or ministry employs
and utilizes staff with the necessary technical,
financial, and management capabilities;
(ii) the recipient agency or ministry has
adopted competitive procurement policies and
systems;
(iii) effective monitoring and evaluation
systems are in place to ensure that such
assistance is used for its intended purposes; and
(iv) no level of acceptable fraud is assumed.
(B) the Government of the United States and the
government of the recipient country have agreed, in
writing--
(i) on clear and achievable objectives for the
use of such assistance; and
(ii) that such assistance should be made on a
cost-reimbursable basis.
(2) <<NOTE: Consultation. Notification.>> In addition to the
requirements in subsection (a), no funds may be made available
for such assistance without prior consultation with, and
notification to, the Committees on Appropriations: Provided,
That such notification shall contain an explanation of how the
proposed activity meets the requirements of paragraph (1):
Provided further, <<NOTE: Applicability.>> That the requirements
of this paragraph shall only apply to direct Government-to-
Government assistance in excess of $10,000,000 and all funds
available for cash transfer, budget support, and cash payments
to individuals.
(3) <<NOTE: Suspension. Determination. Reports.>> The USAID
Administrator or the Secretary of State, as appropriate, shall
suspend any such assistance if the Administrator or the
Secretary has credible information of material misuse of such
assistance, unless the Administrator or the Secretary determines
and reports to the Committees on Appropriations that it is in
the national interest of the United States to continue such
assistance.
(4) <<NOTE: Deadlines. Reports.>> Not later than 90 days
after the enactment of this Act and 6 months thereafter, the
USAID Administrator shall submit to the Committees on
Appropriations a report that--
(A) details all assistance described in subsection
(a) provided during the previous 6-month period by
country, funding amount, source of funds, and type of
such assistance; and
(B) the type of procurement instrument or mechanism
utilized and whether the assistance was provided on a
cost-reimbursable basis.
(5) <<NOTE: Submission.>> The USAID Administrator shall
submit to the Committees on Appropriations, concurrent with the
fiscal year 2013 congressional budget justification materials,
amounts planned for assistance described in subsection (a) by
country, proposed funding amount, source of funds, and type of
assistance.
(b) National Budget and Contract Transparency.--
[[Page 125 STAT. 1211]]
(1) Limitation on funding.--None of the funds appropriated
under titles III and IV of this Act may be made available to the
central government of any country that does not meet minimum
standards of fiscal transparency:
Provided, <<NOTE: Standards.>> That the Secretary of State shall
develop ``minimum standards of fiscal transparency'' to be
updated and strengthened, as appropriate, to reflect best
practices: Provided further, <<NOTE: Determination. Public
information.>> That the Secretary shall make an annual
determination of ``progress'' or ``no progress'' for countries
that do not meet minimum standards of fiscal transparency and
make those determinations publicly available in an annual
``Fiscal Transparency Report''.
(2) Minimum standards of fiscal transparency.--For purposes
of paragraph (1), ``minimum standards of fiscal transparency''
shall include standards for the public disclosure of budget
documentation, including receipts and expenditures by ministry,
and government contracts and licenses for natural resource
extraction, to include bidding and concession allocation
practices.
(3) Waiver.--The <<NOTE: Reports.>> Secretary of State may
waive the limitation on funding in paragraph (1) on a country-
by-country basis if the Secretary reports to the Committees on
Appropriations that the waiver is important to the national
interest of the United States: Provided, That such waiver shall
identify any steps taken by the government of the country to
publicly disclose its national budget and contracts which are
additional to those which were undertaken in previous fiscal
years, include specific recommendations of short- and long-term
steps such government can take to improve budget transparency,
and identify benchmarks for measuring progress.
(4) Assistance.--Of the funds appropriated under title III
of this Act, not less than $5,000,000 should be made available
for programs and activities to assist the central governments of
countries named in the list required by paragraph (1) to improve
budget transparency or to support civil society organizations in
such countries that promote budget transparency: Provided, That
such sums shall be in addition to funds otherwise made available
for such purposes.
(c) <<NOTE: 8 USC 1182 note.>> Anti-kleptocracy.--
(1) Officials of foreign governments and their immediate
family members who the Secretary of State has credible
information have been involved in significant corruption,
including corruption related to the extraction of natural
resources, shall be ineligible for entry into the United States.
(2) Individuals shall not be ineligible if entry into the
United States would further important United States law
enforcement objectives or is necessary to permit the United
States to fulfill its obligations under the United Nations
Headquarters Agreement: Provided, That nothing in this
provision shall be construed to derogate from United States
Government obligations under applicable international
agreements.
(3) <<NOTE: Waiver authority. Determination.>> The Secretary
may waive the application of paragraph (1) if the Secretary
determines that the waiver would serve a compelling national
interest or that the circumstances which caused the individual
to be ineligible have changed sufficiently.
(4) <<NOTE: Deadlines. Reports.>> Not later than 90 days
after enactment of this Act and 180 days thereafter, the
Secretary of State shall submit a report, in classified form if
necessary, to the Committees
[[Page 125 STAT. 1212]]
on Appropriations describing the information regarding
corruption concerning each of the individuals found ineligible
pursuant to paragraph (1), a list of any waivers provided under
subsection (3), and the justification for each waiver.
authority to engage in debt buybacks or sales
Sec. 7032. (a) Loans Eligible for Sale, Reduction, or
Cancellation.--
(1) Authority to sell, reduce, or cancel certain loans.--
Notwithstanding any other provision of law, the President may,
in accordance with this section, sell to any eligible purchaser
any concessional loan or portion thereof made before January 1,
1995, pursuant to the Foreign Assistance Act of 1961, to the
government of any eligible country as defined in section 702(6)
of that Act or on receipt of payment from an eligible purchaser,
reduce or cancel such loan or portion thereof, only for the
purpose of facilitating--
(A) debt-for-equity swaps, debt-for-development
swaps, or debt-for-nature swaps; or
(B) a debt buyback by an eligible country of its own
qualified debt, only if the eligible country uses an
additional amount of the local currency of the eligible
country, equal to not less than 40 percent of the price
paid for such debt by such eligible country, or the
difference between the price paid for such debt and the
face value of such debt, to support activities that link
conservation and sustainable use of natural resources
with local community development, and child survival and
other child development, in a manner consistent with
sections 707 through 710 of the Foreign Assistance Act
of 1961, if the sale, reduction, or cancellation would
not contravene any term or condition of any prior
agreement relating to such loan.
(2) Terms and conditions.--
Notwithstanding <<NOTE: President.>> any other provision of law,
the President shall, in accordance with this section, establish
the terms and conditions under which loans may be sold, reduced,
or canceled pursuant to this section.
(3) Administration.--
The <<NOTE: Notification. President. Determination.>> Facility,
as defined in section 702(8) of the Foreign Assistance Act of
1961, shall notify the administrator of the agency primarily
responsible for administering part I of the Foreign Assistance
Act of 1961 of purchasers that the President has determined to
be eligible, and shall direct such agency to carry out the sale,
reduction, or cancellation of a loan pursuant to this section:
Provided, That such agency shall make adjustment in its accounts
to reflect the sale, reduction, or cancellation.
(4) Limitation.--The authorities of this subsection shall be
available only to the extent that appropriations for the cost of
the modification, as defined in section 502 of the Congressional
Budget Act of 1974, are made in advance.
(b) Deposit of Proceeds.--The proceeds from the sale, reduction, or
cancellation of any loan sold, reduced, or canceled pursuant to this
section shall be deposited in the United States Government account or
accounts established for the repayment of such loan.
(c) Eligible Purchasers.--A loan may be sold pursuant to subsection
(a)(1)(A) only to a purchaser who presents plans satisfactory to the
President for using the loan for the purpose of engaging
[[Page 125 STAT. 1213]]
in debt-for-equity swaps, debt-for-development swaps, or debt-for-nature
swaps.
(d) Debtor Consultations.--Before the sale to any eligible
purchaser, or any reduction or cancellation pursuant to this section, of
any loan made to an eligible country, the President should consult with
the country concerning the amount of loans to be sold, reduced, or
canceled and their uses for debt-for-equity swaps, debt-for-development
swaps, or debt-for-nature swaps.
(e) Availability of Funds.--The authority provided by subsection (a)
may be used only with regard to funds appropriated by this Act under the
heading ``Debt Restructuring''.
multi-year commitments
Sec. 7033. <<NOTE: Notification. Consultation. Time period.>> None
of the funds appropriated by this Act may be used to make a future year
funding pledge for any multilateral or bilateral program funded in
titles III through VI of this Act unless such pledge was--
(1) previously justified in a congressional budget
justification;
(2) included in an Act making appropriations for the
Department of State, foreign operations, and related programs or
previously authorized by an Act of Congress;
(3) notified in accordance with the regular notification
procedures of the Committees on Appropriations; or
(4) the subject of prior consultation with the Committees on
Appropriations and such consultation was conducted at least 7
days in advance of the pledge.
special provisions
Sec. 7034. <<NOTE: Notification.>> (a) Victims of War, Displaced
Children, and Displaced Burmese.--Funds appropriated in titles III and
VI of this Act that are made available for victims of war, displaced
children, and displaced Burmese, and to assist victims of trafficking in
persons and, subject to the regular notification procedures of the
Committees on Appropriations, to combat such trafficking, may be made
available notwithstanding any other provision of law.
(b) Reconstituting Civilian Police Authority.--In providing
assistance with funds appropriated by this Act under section 660(b)(6)
of the Foreign Assistance Act of 1961, support for a nation emerging
from instability may be deemed to mean support for regional, district,
municipal, or other sub-national entity emerging from instability, as
well as a nation emerging from instability.
(c) World Food Program.--Funds managed by the Bureau for Democracy,
Conflict, and Humanitarian Assistance, United States Agency for
International Development (USAID), from this or any other Act, shall be
made available as a general contribution to the World Food Program,
notwithstanding any other provision of law.
(d) Disarmament, Demobilization and Reintegration.--Notwithstanding
any other provision of law, regulation or Executive order, funds
appropriated by this Act and prior Acts making appropriations for the
Department of State, foreign operations, and related programs under the
headings ``Economic Support Fund'', ``Peacekeeping Operations'',
``International Disaster Assistance'', and
[[Page 125 STAT. 1214]]
``Transition Initiatives'' should be made available to support programs
to disarm, demobilize, and reintegrate into civilian society former
members of foreign terrorist <<NOTE: Consultation.>> organizations:
Provided, That the Secretary of State shall consult with the Committees
on Appropriations prior to the obligation of funds pursuant to this
subsection: Provided further, <<NOTE: Definition.>> That for the
purposes of this subsection the term ``foreign terrorist organization''
means an organization designated as a terrorist organization under
section 219 of the Immigration and Nationality Act.
(e) Research and Training.--Funds appropriated by this Act under the
heading ``Economic Support Fund'' may be made available to carry out the
Program for Research and Training on Eastern Europe and the Independent
States of the Former Soviet Union (title VIII) as authorized by the
Soviet-Eastern European Research and Training Act of 1983 (22 U.S.C.
4501-4508).
(f) Contingencies.--During fiscal year 2012, the President may use
up to $50,000,000 under the authority of section 451 of the Foreign
Assistance Act of 1961, notwithstanding any other provision of law.
(g) Consolidation of Reports.--The Secretary of State, in
coordination with the USAID Administrator, shall submit to the
Committees on Appropriations, and other relevant congressional
committees, not later than 90 days after enactment of this Act
recommendations for the consolidation or combination of reports
(including plans and strategies) that are called for by any provision of
law to be submitted to the Congress and that are substantially
duplicative of others called for by any other provision of law:
Provided, That reports are considered ``substantially duplicative'' if
they are required to address at least more than half of the same
substantive factors, criteria and issues that are required to be
addressed by any other report, and any such consolidated report must
address all the substantive factors, criteria and issues required to be
addressed in each of the individual reports: Provided further, That
reports affected by this subsection are those within the purview of, or
prepared primarily by, the Department of State and USAID and that relate
to matters addressed under this Act or any other Act authorizing or
appropriating funds for use by, or actions of, the Department of State
or USAID.
(h) Promotion of Democracy.--
(1) Funds made available by this Act that are made available
for the promotion of democracy may be made available
notwithstanding any other provision of law, and with regard to
the National Endowment for Democracy, any regulation.
(2) For the purposes of funds appropriated by this Act, the
term ``promotion of democracy'' means programs that support good
governance, human rights, independent media, and the rule of
law, and otherwise strengthen the capacity of democratic
political parties, governments, nongovernmental organizations
and institutions, and citizens to support the development of
democratic states, institutions, and practices that are
responsive and accountable to citizens.
(3) With respect to the provision of assistance for
democracy, human rights and governance activities in this Act,
the organizations implementing such assistance and the specific
nature of that assistance shall not be subject to the prior
approval by the government of any foreign country.
[[Page 125 STAT. 1215]]
(4) Funds appropriated under the heading ``Economic Support
Fund'' shall be made available to the Bureau of Democracy, Human
Rights and Labor for programs to promote human rights by
expanding open and uncensored access to information and
communication as identified in the Department of State's
Internet freedom strategy: Provided, That funds made available
by this paragraph should be matched by sources other than the
United States Government,
as <<NOTE: Coordination.>> appropriate: Provided further, That
the Secretary of State shall coordinate the development and uses
of circumvention and secure communications technologies with the
Administrator of the United States Agency for International
Development and the Broadcasting Board of Governors,
as <<NOTE: Review. Assessment.>> appropriate: Provided further,
That the circumvention technologies and programs supported by
funds made available by this Act, shall undergo a review, to
include an assessment of the protection against such
technologies being used for illicit purposes.
(5) Funds appropriated by this Act that are made available
to promote democracy and human rights shall also be made
available to support freedom of religion, especially in the
Middle East and North Africa.
(i) Partner Vetting.--Funds appropriated in this Act or any prior
Acts making appropriations for the Department of State, foreign
operations, and related programs shall be used by the Secretary of State
and the Administrator of the United States Agency for International
Development (USAID), as appropriate, to support the development and
implementation of a Partner Vetting System (PVS) pilot program:
Provided, <<NOTE: Deadline.>> That such pilot program shall be
implemented not later than September
30, <<NOTE: Reports. Deadline.>> 2012: Provided further, That the
Secretary of State and the USAID Administrator shall jointly submit a
report to the Committees on Appropriations not later than 30 days after
completion of the pilot program on the estimated timeline and criteria
for evaluating the PVS for expansion.
(j) Protections and Remedies for Employees of Diplomatic Missions
and International Organizations.--
The <<NOTE: Implementation.>> Secretary of State shall implement section
203(a)(2) of the William Wilberforce Trafficking Victims Protection
Reauthorization Act of 2008 (Public Law 110-457):
Provided, <<NOTE: Determination.>> That in determining whether to
suspend the issuance of A-3 or G-5 visas to applicants seeking to work
for officials of a diplomatic mission or international organization, the
Secretary shall consider whether a final court judgment has been issued
against a current or former employee of such mission or organization
(and the time period for a final appeal has expired) or whether the
Department of State has requested that immunity of individual diplomats
or family members be waived to permit criminal prosecution: Provided
further, That the Secretary should continue to assist in obtaining
payment of final court judgments awarded to A-3 and G-5 visa holders,
including encouraging the sending states to provide compensation
directly to victims: Provided further, That the Secretary shall
include, in a manner the Secretary deems appropriate, all trafficking
cases involving A-3 or G-5 visa holders in the Trafficking in Persons
annual report for which a final civil judgment has been issued (and the
time period for final appeal has expired) or the Department of Justice
has determined that the United States Government would seek to indict
the diplomat or a family member but for diplomatic immunity.
[[Page 125 STAT. 1216]]
(k) Modification of Amendment.--Section 620J of the Foreign
Assistance Act of <<NOTE: 22 USC 2378d.>> 1961 (Limitation on Assistance
to Security Forces) is amended as follows:
(1) by redesignating the section as section 620M;
(2) in subsection (a), by striking ``evidence'' and
inserting ``information'' and by striking ``gross violations''
and inserting ``a gross violation'';
(3) in subsection (b), by striking ``measures'' and
inserting ``steps''; and
(4) by adding the following subsection:
``(d) Credible Information.--The <<NOTE: Procedures.>> Secretary
shall establish, and periodically update, procedures to--
``(1) ensure that for each country the Department of State
has a current list of all security force units receiving United
States training, equipment, or other types of assistance;
``(2) facilitate receipt by the Department of State and
United States embassies of information from individuals and
organizations outside the United States Government about gross
violations of human rights by security force units;
``(3) routinely request and obtain such information from the
Department of Defense, the Central Intelligence Agency, and
other United States Government sources;
``(4) ensure that such information is evaluated and
preserved;
``(5) ensure that when vetting an individual for eligibility
to receive United States training the individual's unit is also
vetted;
``(6) seek to identify the unit involved when credible
information of a gross violation exists but the identity of the
unit is lacking; and
``(7) make publicly available, to the maximum extent
practicable, the identity of those units for which no assistance
shall be furnished pursuant to subsection (a).''.
(l) Sections Repealed.--Sections 494, 495, and 495B through 495K of
the Foreign Assistance Act of <<NOTE: 22 USC 2292c, 2292f, 2292h-
2292q. Applicability. 22 USC 214 note.>> 1961 are hereby repealed.
(m) Extension of Authorities.--
(1) Section 1(b)(2) of the Passport Act of June 4, 1920 (22
U.S.C. 214(b)(2)) shall be applied by substituting ``September
30, 2012'' for ``September 30, 2010''.
(2) <<NOTE: 22 USC 4831 note.>> The authority provided by
section 301(a)(3) of the Omnibus Diplomatic Security and
Antiterrorism Act of 1986 (22 U.S.C. 4831(a)(3)) shall remain in
effect through September 30, 2012.
(3) The authority contained in section 1115(d) of Public Law
111-32 shall remain in effect through September 30, 2012.
(4) <<NOTE: 22 USC 4064 note.>> Section 824(g) of the
Foreign Service Act of 1980 (22 U.S.C. 4064(g)) shall be applied
by substituting ``September 30, 2012'' for ``October 1, 2010''
in paragraph (2).
(5) <<NOTE: 22 USC 2733 note.>> Section 61(a) of the State
Department Basic Authorities Act of 1956 (22 U.S.C. 2733(a))
shall be applied by substituting ``September 30, 2012'' for
``October 1, 2010'' in paragraph (2).
(6) <<NOTE: 22 USC 2385 note.>> Section 625(j)(1) of the
Foreign Assistance Act of 1961 (22 U.S.C. 2385(j)(1)) shall be
applied by substituting ``September 30, 2012'' for ``October 1,
2010'' in subparagraph (B).
(7) <<NOTE: Extension.>> The authority contained in section
1603(a)(2) of Public Law 109-234, as amended, shall remain in
effect through September 30, 2012.
[[Page 125 STAT. 1217]]
(8) The authority provided by section 1113 of Public Law
111-32 shall remain in effect through September 30, 2012:
Provided, That none of the funds appropriated or otherwise made
available by this Act or any other Act making appropriations for
the Department of State, foreign operations, and related
programs may be used to implement phase 3 of such authority.
(n) Reports Repealed.--Section 133(d) of Public Law 87-195; section
807 of Public Law 98-164; section 704(c) of Public Law 101-179; section
104 of Public Law 102-511; section 560(g) of Public Law 103-87; section
514(a) of Public Law 103-236; section 605(c) of Appendix G, Public Law
106-113; sections 3203 and 3204(f) of division B of Public Law 106-246;
section 564(g)(4) of Public Law 106-429; sections 694(a), 694(b), 704
and 1321 of Public Law 107-228; and section 409(c) of Public Law 108-
447 <<NOTE: 22 USC 2152c, 4506, 5474, 5814 and note, 1928 note, 4865
note, 2656 note, 2291 note, 5952 note, 3927a.>> are hereby repealed.
(o) Government Expenditures.--Funds appropriated under title III and
under the heading ``International Narcotics Control and Law
Enforcement'' in this Act should not be made available for assistance
for any government for programs or activities in fiscal year 2013 if the
Secretary of State or the Administrator of the United States Agency for
International Development has credible information that such government
is reducing its own expenditures for such programs or activities as a
result of the assistance provided and for reasons that are inconsistent
with the purposes of such assistance.
(p) International Child Abductions.--The Secretary of State may
withhold funds appropriated under title III of this Act for assistance
for the central government of any country that the Secretary determines
is not taking appropriate steps to comply with the Convention on the
Civil Aspects of International Child Abductions, done at the Hague on
October 25, <<NOTE: Reports. Deadline. Determination.>> 1980: Provided,
That the Secretary shall report to the Committees on Appropriations
within 15 days of making any such determination.
(q) <<NOTE: Deadlines. Appointments.>> Redesignations.--
(1) The position of Advisor established pursuant to section
699B of division J of Public Law 110-161 shall, within 45 days
of enactment of this Act and notwithstanding the requirements of
such section, be moved to the United States Agency for
International Development (USAID): Provided, That the Advisor
shall hereafter be appointed by the USAID Administrator and
shall report directly to the Administrator: Provided further,
That the responsibilities of the Advisor enumerated in section
699B(b) shall remain in full force and effect.
(2) The position of Coordinator established pursuant to
section 664 of division J of Public Law 110-161 shall, within 45
days of enactment of this Act and notwithstanding the
requirements of such section, be moved to the United States
Agency for International Development (USAID): Provided, That
the Coordinator shall hereafter be appointed by the USAID
Administrator and shall report directly to the Administrator:
Provided further, That the responsibilities of the Coordinator
enumerated in the first sentence of section 664(c) shall remain
in full force and effect: Provided further, That the limitation
in the second sentence of such section shall hereafter no longer
apply to the Coordinator.
[[Page 125 STAT. 1218]]
(r) Extension of Authority.--The Foreign Operations, Export
Financing, and Related Programs Appropriations Act, 1990 (Public Law
101-167) is amended--
(1) In section 599D (8 U.S.C. 1157 note)--
(A) in subsection (b)(3), by striking ``and 2011''
and inserting ``2011, and 2012''; and
(B) in subsection (e), by striking ``June 1, 2011''
each place it appears and inserting ``October 1, 2012'';
and
(2) in section 599E (8 U.S.C. 1255 note) in subsection
(b)(2), by striking ``2011'' and inserting ``2012''.
arab league boycott of israel
Sec. 7035. It is the sense of the Congress that--
(1) the Arab League boycott of Israel, and the secondary
boycott of American firms that have commercial ties with Israel,
is an impediment to peace in the region and to United States
investment and trade in the Middle East and North Africa;
(2) the Arab League boycott, which was regrettably
reinstated in 1997, should be immediately and publicly
terminated, and the Central Office for the Boycott of Israel
immediately disbanded;
(3) all Arab League states should normalize relations with
their neighbor Israel;
(4) the President and the Secretary of State should continue
to vigorously oppose the Arab League boycott of Israel and find
concrete steps to demonstrate that opposition by, for example,
taking into consideration the participation of any recipient
country in the boycott when determining to sell weapons to said
country; and
(5) the President should report to Congress annually on
specific steps being taken by the United States to encourage
Arab League states to normalize their relations with Israel to
bring about the termination of the Arab League boycott of
Israel, including those to encourage allies and trading partners
of the United States to enact laws prohibiting businesses from
complying with the boycott and penalizing businesses that do
comply.
palestinian statehood
Sec. 7036. <<NOTE: Determination. Certification.>> (a) Limitation on
Assistance.--None of the funds appropriated under titles III through VI
of this Act may be provided to support a Palestinian state unless the
Secretary of State determines and certifies to the appropriate
congressional committees that--
(1) the governing entity of a new Palestinian state--
(A) has demonstrated a firm commitment to peaceful
co-existence with the State of Israel;
(B) is taking appropriate measures to counter
terrorism and terrorist financing in the West Bank and
Gaza, including the dismantling of terrorist
infrastructures, and is cooperating with appropriate
Israeli and other appropriate security organizations;
and
(2) the Palestinian Authority (or the governing entity of a
new Palestinian state) is working with other countries in the
region to vigorously pursue efforts to establish a just,
lasting, and comprehensive peace in the Middle East that will
[[Page 125 STAT. 1219]]
enable Israel and an independent Palestinian state to exist
within the context of full and normal relationships, which
should include--
(A) termination of all claims or states of
belligerency;
(B) respect for and acknowledgment of the
sovereignty, territorial integrity, and political
independence of every state in the area through measures
including the establishment of demilitarized zones;
(C) their right to live in peace within secure and
recognized boundaries free from threats or acts of
force;
(D) freedom of navigation through international
waterways in the area; and
(E) a framework for achieving a just settlement of
the refugee problem.
(b) Sense of Congress.--It is the sense of Congress that the
governing entity should enact a constitution assuring the rule of law,
an independent judiciary, and respect for human rights for its citizens,
and should enact other laws and regulations assuring transparent and
accountable governance.
(c) Waiver.--The <<NOTE: President. Determination.>> President may
waive subsection (a) if the President determines that it is important to
the national security interests of the United States to do so.
(d) Exemption.--The restriction in subsection (a) shall not apply to
assistance intended to help reform the Palestinian Authority and
affiliated institutions, or the governing entity, in order to help meet
the requirements of subsection (a), consistent with the provisions of
section 7040 of this Act (``Limitation on Assistance for the Palestinian
Authority'').
restrictions concerning the palestinian authority
Sec. 7037. None of the funds appropriated under titles II through
VI of this Act may be obligated or expended to create in any part of
Jerusalem a new office of any department or agency of the United States
Government for the purpose of conducting official United States
Government business with the Palestinian Authority over Gaza and Jericho
or any successor Palestinian governing entity provided for in the
Israel-PLO Declaration of Principles: Provided, That this restriction
shall not apply to the acquisition of additional space for the existing
Consulate General in Jerusalem: Provided further, That meetings between
officers and employees of the United States and officials of the
Palestinian Authority, or any successor Palestinian governing entity
provided for in the Israel-PLO Declaration of Principles, for the
purpose of conducting official United States Government business with
such authority should continue to take place in locations other than
Jerusalem: Provided further, That as has been true in the past,
officers and employees of the United States Government may continue to
meet in Jerusalem on other subjects with Palestinians (including those
who now occupy positions in the Palestinian Authority), have social
contacts, and have incidental discussions.
prohibition on assistance to the palestinian broadcasting corporation
Sec. 7038. None of the funds appropriated or otherwise made
available by this Act may be used to provide equipment, technical
[[Page 125 STAT. 1220]]
support, consulting services, or any other form of assistance to the
Palestinian Broadcasting Corporation.
assistance for the west bank and gaza
Sec. 7039. <<NOTE: Deadline. Certification. Procedures.>> (a)
Oversight.--For fiscal year 2012, 30 days prior to the initial
obligation of funds for the bilateral West Bank and Gaza Program, the
Secretary of State shall certify to the Committees on Appropriations
that procedures have been established to assure the Comptroller General
of the United States will have access to appropriate United States
financial information in order to review the uses of United States
assistance for the Program funded under the heading ``Economic Support
Fund'' for the West Bank and Gaza.
(b) Vetting.--Prior <<NOTE: Terrorism.>> to the obligation of funds
appropriated by this Act under the heading ``Economic Support Fund'' for
assistance for the West Bank and Gaza, the Secretary of State shall take
all appropriate steps to ensure that such assistance is not provided to
or through any individual, private or government entity, or educational
institution that the Secretary knows or has reason to believe advocates,
plans, sponsors, engages in, or has engaged in, terrorist activity nor,
with respect to private entities or educational institutions, those that
have as a principal officer of the entity's governing board or governing
board of trustees any individual that has been determined to be involved
in, or advocating terrorist activity or determined to be a member of a
designated foreign terrorist organization:
Provided, <<NOTE: Determination.>> That the Secretary of State shall, as
appropriate, establish procedures specifying the steps to be taken in
carrying out this subsection and shall terminate assistance to any
individual, entity, or educational institution which the Secretary has
determined to be involved in or advocating terrorist activity.
(c) Prohibition.--
(1) None of the funds appropriated under titles III through
VI of this Act for assistance under the West Bank and Gaza
Program may be made available for the purpose of recognizing or
otherwise honoring individuals who commit, or have committed
acts of terrorism.
(2) <<NOTE: Reports.>> Notwithstanding any other provision
of law, none of the funds made available by this or prior
appropriations Acts, including funds made available by transfer,
may be made available for obligation for security assistance for
the West Bank and Gaza until the Secretary of State reports to
the Committees on Appropriations on the benchmarks that have
been established for security assistance for the West Bank and
Gaza and reports on the extent of Palestinian compliance with
such benchmarks.
(d) Audits.--
(1) The Administrator of the United States Agency for
International Development shall ensure that Federal or non-
Federal audits of all contractors and grantees, and significant
subcontractors and sub-grantees, under the West Bank and Gaza
Program, are conducted at least on an annual basis to ensure,
among other things, compliance with this section.
(2) Of the funds appropriated by this Act up to $500,000 may
be used by the Office of Inspector General of the United
[[Page 125 STAT. 1221]]
States Agency for International Development for audits,
inspections, and other activities in furtherance of the
requirements of this subsection: Provided, That such funds are
in addition to funds otherwise available for such purposes.
(e) <<NOTE: Audit. Investigation.>> Subsequent to the certification
specified in subsection (a), the Comptroller General of the United
States shall conduct an audit and an investigation of the treatment,
handling, and uses of all funds for the bilateral West Bank and Gaza
Program, including all funds provided as cash transfer assistance, in
fiscal year 2012 under the heading ``Economic Support Fund'', and such
audit shall address--
(1) the extent to which such Program complies with the
requirements of subsections (b) and (c); and
(2) an examination of all programs, projects, and activities
carried out under such Program, including both obligations and
expenditures.
(f) <<NOTE: Notification.>> Funds made available in this Act for
West Bank and Gaza shall be subject to the regular notification
procedures of the Committees on Appropriations.
(g) <<NOTE: Deadline. Reports.>> Not later than 180 days after
enactment of this Act, the Secretary of State shall submit a report to
the Committees on Appropriations updating the report contained in
section 2106 of chapter 2 of title II of Public Law 109-13.
limitation on assistance for the palestinian authority
Sec. 7040. (a) Prohibition of Funds.--None of the funds appropriated
by this Act to carry out the provisions of chapter 4 of part II of the
Foreign Assistance Act of 1961 may be obligated or expended with respect
to providing funds to the Palestinian Authority.
(b) Waiver.--The <<NOTE: President. Certification.>> prohibition
included in subsection (a) shall not apply if the President certifies in
writing to the Speaker of the House of Representatives, the President
pro tempore of the Senate, and the Committees on Appropriations that
waiving such prohibition is important to the national security interests
of the United States.
(c) Period of Application of Waiver.--Any waiver pursuant to
subsection (b) shall be effective for no more than a period of 6 months
at a time and shall not apply beyond 12 months after the enactment of
this Act.
(d) Report.--Whenever <<NOTE: President.>> the waiver authority
pursuant to subsection (b) is exercised, the President shall submit a
report to the Committees on Appropriations detailing the justification
for the waiver, the purposes for which the funds will be spent, and the
accounting procedures in place to ensure that the funds are properly
disbursed: Provided, That the report shall also detail the steps the
Palestinian Authority has taken to arrest terrorists, confiscate weapons
and dismantle the terrorist infrastructure.
(e) Certification.--If the <<NOTE: Reports.>> President exercises
the waiver authority under subsection (b), the Secretary of State must
certify and report to the Committees on Appropriations prior to the
obligation of funds that the Palestinian Authority has established a
single treasury account for all Palestinian Authority financing and all
financing mechanisms flow through this account, no parallel financing
mechanisms exist outside of the Palestinian Authority
[[Page 125 STAT. 1222]]
treasury account, and there is a single comprehensive civil service
roster and payroll.
(f) Prohibition to Hamas and the Palestine Liberation
Organization.--
(1) None of the funds appropriated in titles III through VI
of this Act may be obligated for salaries of personnel of the
Palestinian Authority located in Gaza or may be obligated or
expended for assistance to Hamas or any entity effectively
controlled by Hamas, any power-sharing government of which Hamas
is a member, or that results from an agreement with Hamas and
over which Hamas exercises undue influence.
(2) <<NOTE: President. Certification. Reports.>> Notwithstanding
the limitation of subsection (1), assistance may be provided to
a power-sharing government only if the President certifies and
reports to the Committees on Appropriations that such
government, including all of its ministers or such equivalent,
has publicly accepted and is complying with the principles
contained in section 620K(b)(1) (A) and (B) of the Foreign
Assistance Act of 1961, as amended.
(3) The President may exercise the authority in section
620K(e) of the Foreign Assistance Act as added by the
Palestinian Anti-Terrorism Act of 2006 (Public Law 109-446) with
respect to this subsection.
(4) <<NOTE: Reports. Deadline.>> Whenever the certification
pursuant to paragraph (2) is exercised, the Secretary of State
shall submit a report to the Committees on Appropriations within
120 days of the certification and every quarter thereafter on
whether such government, including all of its ministers or such
equivalent are continuing to comply with the principles
contained in section 620K(b)(1) (A) and (B) of the Foreign
Assistance Act of 1961, as amended: Provided, That the report
shall also detail the amount, purposes and delivery mechanisms
for any assistance provided pursuant to the abovementioned
certification and a full accounting of any direct support of
such government.
(5) None of the funds appropriated under titles III through
VI of this Act may be obligated for assistance for the Palestine
Liberation Organization.
near east
Sec. 7041. (a) Egypt.--
(1)(A) <<NOTE: Certification.>> None of the funds
appropriated under titles III and IV of this Act and in prior
Acts making appropriations for the Department of State, foreign
operations, and related programs may be made available for
assistance for the central Government of Egypt unless the
Secretary of State certifies to the Committees on Appropriations
that such government is meeting its obligations under the 1979
Egypt-Israel Peace Treaty.
(B) Prior to the obligation of funds appropriated by this
Act under the heading ``Foreign Military Financing Program'',
the Secretary of State shall certify to the Committees on
Appropriations that the Government of Egypt is supporting the
transition to civilian government including holding free and
fair elections; implementing policies to protect freedom of
expression, association, and religion, and due process of law.
(C) <<NOTE: Waiver authority. Determination. Reports.>> The
Secretary of State may waive the requirements of paragraphs (A)
and (B) if the Secretary determines and
[[Page 125 STAT. 1223]]
reports to the Committees on Appropriations that to do so is in
the national security interest of the
United <<NOTE: Justification.>> States: Provided, That such
determination and report shall include a detailed justification
for such waiver.
(2) <<NOTE: Consultation.>> The Secretary of State shall
consult with the Committees on Appropriations prior to the
transfer of funds appropriated by this Act under the heading
``Foreign Military Financing Program'' to an interest-bearing
account for Egypt.
(3) Funds appropriated under the heading ``Economic Support
Fund'' in this Act and prior Acts (including previously
obligated funds), may be made available, notwithstanding any
other provision of law, for an Egypt initiative, particularly
for the specific costs referred to in the authorities referenced
herein, for the purpose of improving the lives of the Egyptian
people through education, investment in jobs and skills
(including secondary and vocational education), and access to
finance for small and medium enterprises with emphasis on
expanding opportunities for women, as well as other appropriate
market-reform and economic
growth <<NOTE: Jordan. Applicability.>> activities: Provided,
That the provisions of title VI of Public Law 103-306 pertaining
to funds for Jordan shall be deemed to apply to any such
initiative and to funds available under this section to carry
out such an initiative in the same manner as such cited
provisions apply to Jordan, subject to the following provisos:
Provided further, That subparagraph (b)(2) shall be deemed not
to apply and the amount made available pursuant to this section
as set forth in the joint explanatory statement accompanying
this Act and incorporated herein shall be deemed to apply in
lieu of the figure in subparagraph (b)(1): Provided further,
That the authority to reduce debt shall include authority to
exchange an outstanding obligation for a new obligation and to
permit both principal and interest payments on new obligations
to be deposited into a fund established for such purpose, to be
used in accordance with purposes set forth in an agreement
between the United States and Egypt: Provided
further, <<NOTE: Certification.>> That the authority of this
paragraph shall only be made available after the Secretary of
State certifies to the Committees on Appropriations that the
Government of Egypt is implementing economic development
policies consistent with the objectives of
such <<NOTE: Notification.>> initiative: Provided further, That
funds made available for such initiative shall be subject to the
regular notification procedures of the Committees on
Appropriations.
(b) Enterprise Funds.--Up to $60,000,000 of funds appropriated under
the heading ``Economic Support Fund'' in this Act and prior acts making
appropriations for the Department of State, foreign operations, and
related programs (and including previously obligated funds), that are
available for assistance for Egypt, up to $20,000,000 of such funds that
are available for assistance for Tunisia, and up to $60,000,000 of such
funds that are available for assistance for Jordan, respectively, may be
made available notwithstanding any other provision of law, to establish
and operate one or more enterprise funds for Egypt, Tunisia, and Jordan,
respectively: Provided, <<NOTE: Applicability.>> That provisions
contained in section 201 of the Support for East European Democracy
(SEED) Act of 1989 (excluding the provisions of subsections (b), (c),
(d)(3), and (f) of that section), shall be deemed to apply to any such
fund or funds,
[[Page 125 STAT. 1224]]
and to funds made available to such fund or funds, in order to enable
such fund or funds to provide assistance for purposes of this section:
Provided further, <<NOTE: Applicability.>> That section 7077 of division
F of Public Law 111-117 shall apply to any such fund or funds
established pursuant to this subsection: Provided
further, <<NOTE: Deadlines. Reports.>> That not more than 5 percent of
the funds made available pursuant to this subsection should be available
for administrative expenses of such fund or funds and not later than 1
year after the date of enactment of this Act, and annually thereafter
until each fund is dissolved, each fund shall submit to the Committees
on Appropriations a report detailing the administrative expenses of such
fund: Provided further, That each fund shall be governed by a Board of
Directors comprised of six private United States citizens and three
private citizens of each country, respectively, who have had
international business careers and demonstrated expertise in
international and emerging markets investment <<NOTE: Deadlines. Public
information. Web site. Reports. Termination date.>> activities:
Provided further, That not later than 1 year after the entry into force
of the initial grant agreement under this section and annually
thereafter, each fund shall prepare and make available to the public on
an Internet Web site administered by the fund a detailed report on the
fund's activities during the previous year: Provided further, That the
authority of any such fund or funds to provide assistance shall cease to
be effective on December 31, <<NOTE: Consultation.>> 2022: Provided
further, That funds made available pursuant to this section shall be
subject to prior consultation with the Committees on Appropriations.
(c) Iran.--
(1) It is the policy of the United States to seek to prevent
Iran from achieving the capability to produce or otherwise
manufacture nuclear weapons, including by supporting
international diplomatic efforts to halt Iran's uranium
enrichment program, and the President should fully implement and
enforce the Iran Sanctions Act of 1996, as amended (Public Law
104-172) as a means of encouraging foreign governments to
require state-owned and private entities to cease all investment
in, and support of, Iran's energy sector and all exports of
refined petroleum products to Iran.
(2) None of the funds appropriated or otherwise made
available in this Act under the heading ``Export-Import Bank of
the United States'' may be used by the Export-Import Bank of the
United States to provide any new financing (including loans,
guarantees, other credits, insurance, and reinsurance) to any
person that is subject to sanctions under paragraph (2) or (3)
of section 5(a) of the Iran Sanctions Act of 1996 (Public Law
104-172).
(3) <<NOTE: Extension.>> The reporting requirements in
section 7043(c) in division F of Public Law 111-117 shall
continue in effect during fiscal year 2012 as if part of this
Act: Provided, That the date in subsection (c)(1) shall be
deemed to be ``September 30, 2012''.
(d) Iraq.--
(1) Funds appropriated or otherwise made available by this
Act for assistance for Iraq shall be made available in a manner
that utilizes Iraqi entities to the maximum extent practicable,
and in accordance with the cost-matching and other requirements
in the Department of State's April 9, 2009 ``Guidelines for
Government of Iraq Financial Participation in United States
Government-Funded Civilian Foreign Assistance Programs and
Projects''.
[[Page 125 STAT. 1225]]
(2) <<NOTE: Base rights.>> None of the funds appropriated or
otherwise made available by this Act may be used by the
Government of the United States to enter into a permanent basing
rights agreement between the United States and Iraq.
(3) Funds appropriated by this Act under titles III and VI
for assistance for Iraq may be made available notwithstanding
any other provision of law, except for this subsection and
section 620M of the Foreign Assistance Act of 1961, as amended
by this Act.
(4) Funds appropriated by this Act for assistance for Iraq
under the heading ``Economic Support Fund'' shall be made
available for programs and activities for which policy
justifications and decisions shall be the responsibility of the
United States Chief of Mission in Iraq.
(5)(A) <<NOTE: Reports.>> Of the funds appropriated under
the heading ``Diplomatic and Consular Programs'' in title VIII
of this Act that are made available for security and provincial
operations for the Department of State in Iraq, 15 percent shall
be withheld from obligation until the Secretary of State submits
a report to the Committees on Appropriations detailing--
(i) an assessment of the security environment in
Iraq with respect to facilities and personnel, and the
anticipated impact of the withdrawal of United States
Armed Forces in Iraq on such environment, on a facility-
by-facility basis;
(ii) an assessment of the security requirements at
each facility, and the estimated cost of sustaining such
requirements over the next 3 fiscal years;
(iii) the types of military equipment to be used to
meet the security requirements at each facility;
(iv) the number of United States Government
personnel anticipated at each facility, a general
description of the duties of such personnel, and the
number and cost of contractors anticipated at each
facility required for operational and other support; and
(v) a description of contingency plans, including
evacuation, at each facility for United States
Government personnel and contractors.
(B) The report required by this paragraph may be submitted
in classified form, if necessary.
(e) Lebanon.--
(1) None of the funds appropriated by this Act may be made
available for the Lebanese Armed Forces (LAF) if the LAF is
controlled by a foreign terrorist organization, as defined by
section 219 of the Immigration and Nationality Act.
(2) Funds appropriated by this Act under the heading
``Foreign Military Financing Program'' for assistance for
Lebanon may be made available only to professionalize the LAF
and to strengthen border security and combat terrorism,
including training and equipping the LAF to secure Lebanon's
borders, interdicting arms shipments, preventing the use of
Lebanon as a safe haven for terrorist groups, and to implement
United Nations Security Council Resolution 1701:
Provided, <<NOTE: Spending plan. Deadline.>> That funds may not
be made available for obligation until the Secretary of State
submits a detailed spend plan to the Committees on
Appropriations, except such plan may not be considered as
meeting the notification requirements under section 7015 of this
Act or under section 634A of the Foreign Assistance
[[Page 125 STAT. 1226]]
Act of 1961, and shall be submitted not later than September 1,
2012: Provided further, <<NOTE: Consultation.>> That the
Secretary of State shall regularly consult with the Committees
on Appropriations on the activities of the LAF and assistance
provided by the United States: Provided
further, <<NOTE: Deadline. Reports.>> That not later than 90
days after enactment of this Act, the Secretary of State shall
submit a report to the Committees on Appropriations detailing
the actions taken to ensure that equipment provided to the LAF
is used for intended purposes.
(3) Funds appropriated by this Act under titles III and VI
for assistance for Lebanon may be made available notwithstanding
any other provision of law, except for this subsection and
section 620M of the Foreign Assistance Act of 1961, as amended
by this Act.
(f) Libya.--Of the funds appropriated by this Act and prior Acts
making appropriations for the Department of State, foreign operations,
and related programs, up to $20,000,000 should be made available to
promote democracy, transparent and accountable governance, human rights,
transitional justice, and the rule of law in Libya, and for exchange
programs between Libyan and American students and professionals:
Provided, That such funds shall be made available, to the maximum extent
practicable, on a cost matching basis: Provided
further, <<NOTE: Consultation.>> That none of the funds appropriated by
this Act may be made available for assistance for Libya for
infrastructure projects, except on a loan basis with terms favorable to
the United States, and only following consultation with the Committees
on Appropriations.
(g) Morocco.--Prior <<NOTE: Reports.>> to the obligation of funds
appropriated by this Act under the heading ``Foreign Military Financing
Program'' for assistance for Morocco, the Secretary of State shall
submit a report to the Committees on Appropriations on steps being taken
by the Government of Morocco to--
(1) respect the right of individuals to peacefully express
their opinions regarding the status and future of the Western
Sahara and to document violations of human rights; and
(2) provide unimpeded access to human rights organizations,
journalists, and representatives of foreign governments to the
Western Sahara.
(h) Syria.--Funds appropriated by this Act shall be made available
to promote democracy and protect human rights in Syria, a portion of
which should be programmed in consultation with governments in the
region, as appropriate.
(i) Yemen.--None of the funds appropriated by this Act may be made
available for the Armed Forces of Yemen if such forces are controlled by
a foreign terrorist organization, as defined by section 219 of the
Immigration and Nationality Act.
serbia
Sec. 7042. (a) Funds appropriated by this Act may be made available
for assistance for the central Government of Serbia after May 31, 2012,
if the Secretary of State has submitted the report required in
subsection (c).
(b) After May 31, 2012, the Secretary of the Treasury should
instruct the United States executive directors of the international
financial institutions to support loans and assistance to the Government
of Serbia subject to the condition in subsection (c).
[[Page 125 STAT. 1227]]
(c) <<NOTE: Reports.>> The report referred to in subsection (a) is a
report by the Secretary of State to the Committees on Appropriations
that the Government of Serbia is cooperating with the International
Criminal Tribunal for the former Yugoslavia, including apprehending and
transferring indictees and providing investigators access to witnesses,
documents, and other information.
(d) This section shall not apply to humanitarian assistance or
assistance to promote democracy.
africa
Sec. 7043. <<NOTE: Human rights.>> (a) Conflict Minerals.--
(1) Funds appropriated by this Act under the heading
``Foreign Military Financing Program'' may be made available for
assistance for Rwanda or Uganda unless the Secretary of State
has credible information that the Government of Rwanda or the
Government of Uganda is providing political, military or
financial support to armed groups in the Democratic Republic of
the Congo (DRC) that are involved in the illegal exportation of
minerals out of the DRC or have violated human rights.
(2) The restriction in paragraph (1) shall not apply to
assistance to improve border controls to prevent the illegal
exportation of minerals out of the DRC by such groups, to
protect humanitarian relief efforts, or to support the training
and deployment of members of the Rwandan or Ugandan militaries
in international peacekeeping operations or to conduct
operations against the Lord's Resistance Army.
(b) Counterterrorism Programs.--Of the funds appropriated by this
Act, not less than $52,800,000 should be made available for the Trans-
Sahara Counter-terrorism Partnership program, and not less than
$21,300,000 should be made available for the Partnership for Regional
East Africa Counterterrorism program.
(c) Crisis Response.--Notwithstanding <<NOTE: Certification.>> any
other provision of law, up to $10,000,000 of the funds appropriated by
this Act under the heading ``Global Health Programs'' for HIV/AIDS
activities may be transferred to, and merged with, funds appropriated
under the headings ``Economic Support Fund'' and ``Transition
Initiatives'' to respond to unanticipated crises in Africa, except that
funds shall not be transferred unless the Secretary of State certifies
to the Committees on Appropriations that no individual currently on
anti-retroviral therapy supported by such funds shall be negatively
impacted by the transfer of such funds:
Provided, <<NOTE: Consultation.>> That the authority of this subsection
shall be subject to prior consultation with the Committees on
Appropriations.
(d) Expanded International Military Education and Training.--
(1) Funds appropriated under the heading ``International
Military Education and Training'' (IMET) in this Act that are
made available for assistance for Angola, Cameroon, Central
African Republic, Chad, Cote d'Ivoire, Guinea and Zimbabwe may
be made available only for training related to international
peacekeeping operations and expanded IMET: Provided, That the
limitation included in this paragraph shall not apply to courses
that support training in maritime security for Angola and
Cameroon.
(2) None of the funds appropriated under the heading
``International Military Education and Training'' in this Act
[[Page 125 STAT. 1228]]
may be made available for assistance for Equatorial Guinea or
Somalia.
(e) Ethiopia.--
(1) <<NOTE: Certification. Reports.>> Funds appropriated by
this Act under the heading ``Foreign Military Financing
Program'' that are available for assistance for Ethiopia shall
not be made available unless the Secretary of State--
(A) certifies to the Committees on Appropriations
that the Government of Ethiopia is implementing policies
to respect due process and freedoms of expression and
association, and is permitting access to human rights
and humanitarian organizations to the Somalia region of
Ethiopia; and
(B) submits a report to the Committees on
Appropriations on the types and amounts of United States
training and equipment proposed to be provided to the
Ethiopian military including steps that will be taken to
ensure that such assistance is not provided to military
units or personnel that have violated human rights, and
steps taken by the Government of Ethiopia to investigate
and prosecute members of the Ethiopian military who have
been credibly alleged to have violated such rights.
(2) The restriction in paragraph (1) shall not apply to
assistance to Ethiopian military efforts in support of
international peacekeeping operations, counterterrorism
operations along the border with Somalia, and for assistance to
the Ethiopian Defense Command and Staff College.
(f) Sudan Limitation on Assistance.--
(1) Notwithstanding any other provision of law, none of the
funds appropriated by this Act may be made available for
assistance for the Government of Sudan.
(2) None of the funds appropriated by this Act may be made
available for the cost, as defined in section 502 of the
Congressional Budget Act of 1974, of modifying loans and loan
guarantees held by the Government of Sudan, including the cost
of selling, reducing, or canceling amounts owed to the United
States, and modifying concessional loans, guarantees, and credit
agreements.
(3) The limitations of paragraphs (1) and (2) shall not
apply to--
(A) humanitarian assistance;
(B) assistance for the Darfur region, Southern
Kordofan/Nuba Mountains State, Blue Nile State, other
marginalized areas and populations in Sudan, and Abyei;
and
(C) assistance to support implementation of the
Comprehensive Peace Agreement (CPA), mutual arrangements
related to post-referendum issues associated with the
CPA, or to promote peace and stability between Sudan and
South Sudan, or any other internationally recognized
viable peace agreement in Sudan.
(g) South Sudan.--
(1) Funds appropriated by this Act should be made available
for assistance for South Sudan including to increase
agricultural productivity, expand educational opportunities
especially for girls, strengthen democratic institutions and the
rule of law, and enhance the capacity of the Federal Legislative
[[Page 125 STAT. 1229]]
Assembly to conduct oversight over government revenues and
expenditures.
(2) <<NOTE: Deadline. Reports.>> Not less than 15 days prior
to the obligation of funds appropriated by this Act that are
available for assistance for the Government of South Sudan, the
Secretary of State shall submit a report to the Committees on
Appropriations detailing the extent to which the Government of
South Sudan is--
(A) supporting freedom of expression, the
establishment of democratic institutions including an
independent judiciary, parliament, and security forces
that are accountable to civilian authority; and
(B) investigating and punishing members of security
forces who have violated human rights.
(3) <<NOTE: Audits. Public information.>> The Secretary of
State shall seek to obtain regular audits of the financial
accounts of the Government of South Sudan to ensure transparency
and accountability of funds, including revenues from the
extraction of oil and gas, and the timely, public disclosure of
such <<NOTE: Reports. Deadline.>> audits: Provided, That the
Secretary should assist the Government of South Sudan in
conducting such audits, and by providing technical assistance to
enhance the capacity of the National Auditor Chamber to carry
out its responsibilities, and shall submit a report not later
than 90 days after enactment of this Act to the Committees on
Appropriations detailing the steps that will be taken by the
Government of South Sudan, which are additional to those taken
in the previous fiscal year, to improve resource management and
ensure transparency and accountability of funds.
(h) Uganda.--Funds appropriated by this Act should be made available
for programs and activities in areas affected by the Lord's Resistance
Army.
(i) War Crimes in Africa.--
(1) The Congress reaffirms its support for the efforts of
the International Criminal Tribunal for Rwanda (ICTR) and the
Special Court for Sierra Leone (SCSL) to bring to justice
individuals responsible for war crimes and crimes against
humanity in a timely manner.
(2) <<NOTE: Determination. Reports.>> Funds appropriated by
this Act may be made available for assistance for the central
government of a country in which individuals indicted by the
ICTR and the SCSL are credibly alleged to be living, if the
Secretary of State determines and reports to the Committees on
Appropriations that such government is cooperating with the ICTR
and the SCSL, including the apprehension, surrender, and
transfer of indictees in a timely manner: Provided, That this
subsection shall not apply to assistance provided under section
551 of the Foreign Assistance Act of 1961 or to project
assistance under title VI of this Act: Provided further, That
the United States shall use its voice and vote in the United
Nations Security Council to fully support efforts by the ICTR
and the SCSL to bring to justice individuals indicted by such
tribunals in a timely manner.
(3) <<NOTE: Waiver
authority. President. Determination.>> The prohibition in
paragraph (2) may be waived on a country-by-country basis if the
President determines that doing so is in the national security
interest of the United States:
Provided, <<NOTE: Reports.>> That prior to exercising such
waiver authority,
[[Page 125 STAT. 1230]]
the President shall submit a report to the Committees on
Appropriations, in classified form if necessary, on--
(A) the steps being taken to obtain the cooperation
of the government in apprehending and surrendering the
indictee in question to the court of jurisdiction;
(B) a strategy, including a timeline, for bringing
the indictee before such court; and
(C) the justification for exercising the waiver
authority.
(j) Zimbabwe.--
(1) <<NOTE: Loans. Grants. Determination. Reports. 22 USC
2151 note.>> The Secretary of the Treasury shall instruct the
United States executive director of each international financial
institution to vote against any extension by the respective
institution of any loans or grants to the Government of
Zimbabwe, except to meet basic human needs or to promote
democracy, unless the Secretary of State determines and reports
in writing to the Committees on Appropriations that the rule of
law has been restored in Zimbabwe, including respect for
ownership and title to property, freedom of speech and
association.
(2) None of the funds appropriated by this Act shall be made
available for assistance for the central Government of Zimbabwe,
except for health, education, and macroeconomic growth
assistance, unless the Secretary of State makes the
determination required in paragraph (1).
asia
Sec. 7044. (a) Tibet.--
(1) The Secretary of the Treasury should instruct the United
States executive director of each international financial
institution to use the voice and vote of the United States to
support projects in Tibet if such projects do not provide
incentives for the migration and settlement of non-Tibetans into
Tibet or facilitate the transfer of ownership of Tibetan land
and natural resources to non-Tibetans; are based on a thorough
needs-assessment; foster self-sufficiency of the Tibetan people
and respect Tibetan culture and traditions; and are subject to
effective monitoring.
(2) Notwithstanding any other provision of law, funds
appropriated by this Act under the heading ``Economic Support
Fund'' shall be made available to nongovernmental organizations
to support activities which preserve cultural traditions and
promote sustainable development and environmental conservation
in Tibetan communities in the Tibetan Autonomous Region and in
other Tibetan communities in China.
(b) Burma.--
(1) <<NOTE: Loans. 50 USC 1701 note.>> The Secretary of the
Treasury shall instruct the United States executive directors of
the appropriate international financial institutions to vote
against any loan, agreement, or other financial support for
Burma.
(2) Funds appropriated by this Act under the heading
``Economic Support Fund'' may be made available for assistance
for Burma notwithstanding any other provision of law, except no
such funds shall be made available to the State Peace and
Development Council, or its successor, and its affiliated
organizations: Provided, That such funds shall be made
available for programs along Burma's borders and for Burmese
groups and organizations located outside Burma, and may be
[[Page 125 STAT. 1231]]
made available to support programs in <<NOTE: Thailand.>> Burma:
Provided further, That in addition to assistance for Burmese
refugees appropriated under the heading ``Migration and Refugee
Assistance'' in this Act, funds shall be made available for
community-based organizations operating in Thailand to provide
food, medical, and other humanitarian assistance to internally
displaced persons in eastern Burma: Provided
further, <<NOTE: Consultation. Notification.>> That any new
program or activity initiated with funds made available by this
Act shall be subject to prior consultation with the Committees
on Appropriations, and all such funds shall be subject to the
regular notification procedures of the Committees on
Appropriations.
(c) Cambodia.--Funds <<NOTE: Certification.>> made available in this
Act for a United States contribution to a Khmer Rouge tribunal may only
be made available if the Secretary of State certifies to the Committees
on Appropriations that the United Nations and the Government of Cambodia
are taking credible steps to address allegations of corruption and
mismanagement within the tribunal.
(d) Indonesia.--Of <<NOTE: Reports.>> the funds appropriated by this
Act under the heading ``Foreign Military Financing Program'' that are
available for assistance for Indonesia, $2,000,000 may not be obligated
until the Secretary of State submits to the Committees on Appropriations
the report on Indonesia required under such heading in Senate Report
112-85.
(e) North Korea.--None of the funds made available by this Act under
the heading ``Economic Support Fund'' may be made available for energy-
related assistance for North Korea.
(f) People's Republic of China.--
(1) <<NOTE: Exports and
imports. Deadline. Notification.>> None of the funds
appropriated under the heading ``Diplomatic and Consular
Programs'' in this Act may be obligated or expended for
processing licenses for the export of satellites of United
States origin (including commercial satellites and satellite
components) to the People's Republic of China unless, at least
15 days in advance, the Committees on Appropriations are
notified of such proposed action.
(2) <<NOTE: Applicability. People's Liberation Army.>> The
terms and requirements of section 620(h) of the Foreign
Assistance Act of 1961 shall apply to foreign assistance
projects or activities of the People's Liberation Army (PLA) of
the People's Republic of China, to include such projects or
activities by any entity that is owned or controlled by, or an
affiliate of, the PLA: Provided, That none of the funds
appropriated or otherwise made available pursuant to this Act
may be used to finance any grant, contract, or cooperative
agreement with the PLA, or any entity that the Secretary of
State has reason to believe is owned or controlled by, or an
affiliate of, the PLA.
(g) Philippines.--Of <<NOTE: Reports.>> the funds appropriated by
this Act under the heading ``Foreign Military Financing Program'' that
are available for assistance for the Philippines, $3,000,000 may not be
obligated until the Secretary of State submits to the Committees on
Appropriations the report on the Philippines required under such heading
in Senate Report 112-85.
(h) Vietnam.--Funds appropriated under the heading ``Economic
Support Fund'' shall be made available for remediation of dioxin
contaminated sites in Vietnam and may be made available for assistance
for the Government of Vietnam, including the military, for such
purposes, and funds under the heading ``Development
[[Page 125 STAT. 1232]]
Assistance'' shall be made available for related health/disability
activities.
western hemisphere
Sec. 7045. (a) Colombia.--
(1) Funds appropriated by this Act and made available to the
Department of State for assistance to the Government of Colombia
may be used to support a unified campaign against narcotics
trafficking, illegal armed groups, and organizations designated
as Foreign Terrorist Organizations and successor organizations,
and to take actions to protect human health and welfare in
emergency circumstances, including undertaking rescue
operations: Provided, That no United States Armed Forces
personnel or United States civilian contractor employed by the
United States will participate in any combat operation in
connection with assistance made available by this Act for
Colombia: Provided further, That rotary and fixed wing aircraft
supported with funds appropriated under the heading
``International Narcotics Control and Law Enforcement'' for
assistance for Colombia may be used for aerial or manual drug
eradication and interdiction including to transport personnel
and supplies and to provide security for such operations:
Provided further, That such aircraft may also be used to provide
transport in support of alternative development programs and
investigations by civilian judicial authorities: Provided
further, <<NOTE: President. Helicopters.>> That the President
shall ensure that if any helicopter procured with funds in this
Act or prior Acts making appropriations for the Department of
State, foreign operations, and related programs, is used to aid
or abet the operations of any illegal self-defense group,
paramilitary organization, or other illegal armed group in
Colombia, such helicopter shall be immediately returned to the
United States: Provided further, That none of the funds
appropriated by this Act or prior Acts making appropriations for
the Department of State, foreign operations, and related
programs may be made available for assistance for the Colombian
Departamento Administrativo de Seguridad or successor
organizations: Provided further, That none of the funds
appropriated by this Act for assistance for Colombia shall be
made available for the cultivation or processing of African oil
palm, if doing so would contribute to significant loss of native
species, disrupt or contaminate natural water sources, reduce
local food security, or cause the forced displacement of local
people: Provided further, That any complaints of harm to health
or licit crops caused by aerial eradication shall be thoroughly
investigated and evaluated, and fair compensation paid in a
timely manner for meritorious claims: Provided further, That
funds may not be made available for aerial eradication unless
programs are being implemented by the United States Agency for
International Development, the Government of Colombia, or other
organizations, in consultation and coordination with local
communities, to provide alternative sources of income in areas
where security permits for small-acreage growers and communities
whose illicit crops are targeted for aerial eradication:
Provided further, <<NOTE: Certification.>> That funds
appropriated by this Act may not be used for aerial eradication
in Colombia's national parks or reserves unless the Secretary of
State certifies to
[[Page 125 STAT. 1233]]
the Committees on Appropriations that there are no effective
alternatives and the eradication is in accordance with Colombian
laws.
(2) Colombian armed forces.--
Of <<NOTE: Consultations. Certification.>> the funds
appropriated by this Act that are available for assistance for
the Colombian Armed Forces, 25 percent may be obligated only
after the Secretary of State consults with, and subsequently
certifies and submits a report to, the Committees on
Appropriations that the Government of Colombia and Colombian
Armed Forces are meeting the conditions that appear under this
section in the joint explanatory statement accompanying this
Act: Provided, That the requirement to withhold funds from
obligation shall not apply with respect to funds made available
under the heading ``International Narcotics Control and Law
Enforcement'' in this Act for continued support for the Critical
Flight Safety Program or for any alternative development
programs in Colombia administered by the Bureau of International
Narcotics and Law Enforcement Affairs of the Department of
State: Provided further, That not less than 30 days prior to
making the certification the Secretary of State shall consult
with Colombian and international human rights organizations.
(3) Illegal armed groups.--
(A) Denial of visas.--Subject to paragraph (B), the
Secretary of State shall not issue a visa to any alien
who the Secretary determines, based on credible
information--
(i) has willfully provided any support to or
benefitted from the Revolutionary Armed Forces of
Colombia (FARC), the National Liberation Army
(ELN), the United Self-Defense Forces of Colombia
(AUC), or other illegal armed groups, including
taking actions or failing to take actions which
allow, facilitate, or otherwise foster the
activities of such groups; or
(ii) has committed, ordered, incited,
assisted, or otherwise participated in the
commission of a violation of human rights in
Colombia.
(B) Waiver.--Paragraph
(A) <<NOTE: Certification.>> shall not apply if the
Secretary of State certifies to the Committees on
Appropriations, on a case-by-case basis, that the
issuance of a visa to the alien is necessary to support
the peace process in Colombia or for urgent humanitarian
reasons.
(b) Guatemala.--Funds appropriated by this Act under the headings
``International Military Education and Training'' (IMET) and ``Foreign
Military Financing Program'' that are available for assistance for
Guatemala may be made available only for the Guatemalan Air Force, Navy,
and Army Corps of Engineers: Provided, That expanded IMET may be made
available for assistance for the Guatemalan Army.
(c) Haiti.--The Government of Haiti shall be eligible to purchase
defense articles and services under the Arms Export Control Act (22
U.S.C. 2751 et seq.) for the Coast Guard.
(d) Honduras.--Prior <<NOTE: Reports.>> to the obligation of 20
percent of the funds appropriated by this Act that are available for
assistance for Honduran military and police forces, the Secretary of
State shall report in writing to the Committees on Appropriations that:
the Government of Honduras is implementing policies to protect freedom
of expression and association, and due process of law; and is
investigating and prosecuting in the civilian justice system,
[[Page 125 STAT. 1234]]
in accordance with Honduran and international law, military and police
personnel who are credibly alleged to have violated human rights, and
the Honduran military and police are cooperating with civilian judicial
authorities in such cases: Provided, That the restriction in this
subsection shall not apply to assistance to promote transparency, anti-
corruption and the rule of law within the military and police forces.
(e) Mexico.--Prior <<NOTE: Reports.>> to the obligation of 15
percent of the funds appropriated by this Act that are available for
assistance for Mexican military and police forces, the Secretary of
State shall report in writing to the Committees on Appropriations that:
the Government of Mexico is investigating and prosecuting in the
civilian justice system, in accordance with Mexican and international
law, military and police personnel who are credibly alleged to have
violated human rights; is enforcing prohibitions on the use of testimony
obtained through torture; and the Mexican military and police are
cooperating with civilian judicial authorities in such cases: Provided,
That the restriction in this subsection shall not apply to assistance to
promote transparency, anti-corruption and the rule of law within the
military and police forces.
(f) Trade Capacity.--Of the funds appropriated by this Act, not less
than $10,000,000 under the heading ``Development Assistance'' and not
less than $10,000,000 under the heading ``Economic Support Fund'' shall
be made available for labor and environmental capacity building
activities relating to free trade agreements with countries of Central
America, Peru and the Dominican Republic.
(g) Aircraft Operations and Maintenance.--To the maximum extent
practicable, the costs of operations and maintenance, including fuel, of
aircraft funded by this Act should be borne by the recipient country.
south asia
Sec. 7046. (a) Afghanistan.--
(1) Limitation.--
None <<NOTE: Consultation. Certification.>> of the funds
appropriated or otherwise made available by this Act under the
headings ``Economic Support Fund'' and ``International Narcotics
Control and Law Enforcement'' may be obligated for assistance
for the Government of Afghanistan until the Secretary of State,
in consultation with the Administrator of the United States
Agency for International Development (USAID), certifies to the
Committees on Appropriations that--
(A) The funds will be used to design and support
programs in accordance with the June 2011
``Administrator's Sustainability Guidance for USAID in
Afghanistan''.
(B) The Government of Afghanistan is--
(i) reducing corruption and improving
governance, including by investigating,
prosecuting, sanctioning or removing corrupt
officials from office and implementing financial
transparency and accountability measures for
government institutions and officials (including
the Central Bank) as well as conducting oversight
of public resources;
(ii) taking credible steps to protect the
human rights of Afghan women; and
(iii) taking significant steps to facilitate
active public participation in governance and
oversight.
[[Page 125 STAT. 1235]]
(C) Funds will be used to support and strengthen the
capacity of Afghan public and private institutions and
entities to reduce corruption and to improve
transparency and accountability of national, provincial
and local governments.
(D) Representatives of Afghan national, provincial
or local governments, and local communities and civil
society organizations, including women-led
organizations, will be consulted and participate in the
design of programs, projects, and activities, including
participation in implementation and oversight, and the
development of specific benchmarks to measure progress
and outcomes.
(2) Assistance and operations.--
(A) <<NOTE: Determination. Reports.>> Funds
appropriated or otherwise made available by this Act for
assistance for Afghanistan may be made available as a
United States contribution to the Afghanistan
Reconstruction Trust Fund (ARTF) unless the Secretary of
State determines and reports to the Committees on
Appropriations that the World Bank Monitoring Agent of
the ARTF is unable to conduct its financial control and
audit responsibilities due to restrictions on security
personnel by the Government of Afghanistan.
(B) Funds appropriated under the headings ``Economic
Support Fund'' and ``International Narcotics Control and
Law Enforcement'' in this Act that are available for
assistance for Afghanistan--
(i) shall be made available, to the maximum
extent practicable, in a manner that emphasizes
the participation of Afghan women, and directly
improves the security, economic and social well-
being, and political status, and protects the
rights of, Afghan women and girls and complies
with sections 7060 and 7061 of this Act, including
support for the Afghan Independent Human Rights
Commission, the Afghan Ministry of Women's
Affairs, and women-led organizations;
(ii) may be made available for a United States
contribution to an internationally managed fund to
support the reconciliation with and disarmament,
demobilization and reintegration into Afghan
society of former combatants who have renounced
violence against the Government of Afghanistan:
Provided, That funds may be made available to
support reconciliation and reintegration
activities only if:
(I) Afghan women are participating
at national, provincial and local levels
of government in the design, policy
formulation and implementation of the
reconciliation or reintegration process,
and such process upholds steps taken by
the Government of Afghanistan to protect
the human rights of Afghan women; and
(II) such funds will not be used to
support any pardon or immunity from
prosecution, or any position in the
Government of Afghanistan or security
forces, for any leader of an armed group
responsible for crimes against humanity,
war crimes, or acts of terrorism; and
[[Page 125 STAT. 1236]]
(iii) may be made available for a United
States contribution to the North Atlantic Treaty
Organization/International Security Assistance
Force Post-Operations Humanitarian Relief Fund.
(C) <<NOTE: Extension. Applicability.>> The
authority contained in section 1102(c) of Public Law
111-32 shall continue in effect during fiscal year 2012
and shall apply as if part of this Act.
(D)(i) Of the funds appropriated by this Act that
are made available for assistance for Afghanistan, not
less than $50,000,000 shall be made available for rule
of law programs: Provided, That decisions on the uses
of such funds shall be the responsibility of the
Coordinator for Rule of Law, in consultation with the
Interagency Planning and Implementation Team, at the
United States Embassy in Kabul, Afghanistan: Provided
further, That $250,000 of such funds shall be
transferred to, and merged with, funds appropriated
under the heading ``Office of Inspector General'' in
title I of this Act for oversight of such programs and
activities.
(ii) The Coordinator for Rule of Law at the United
States Embassy in Kabul, Afghanistan shall be consulted
on the use of all funds appropriated by this Act for
rule of law programs in Afghanistan.
(E) None of the funds made available by this Act may
be used by the United States Government to enter into a
permanent basing rights agreement between the United
States and Afghanistan.
(F) Any significant modification to the scope,
objectives or implementation mechanisms of United States
assistance programs in Afghanistan shall be subject to
prior consultation with, and the regular notification
procedures of, the Committees on Appropriations, except
that the prior consultation requirement may be waived in
a manner consistent with section 7015(e) of this Act.
(G) <<NOTE: Deadline. Reports.>> Not later than 90
days after enactment of this Act, the Secretary of State
shall report to the Committees on Appropriations on the
International Monetary Fund (IMF) country program for
Afghanistan including actions requested by the IMF and
taken by the Government of Afghanistan to address the
Kabul Bank crisis and restore confidence in
Afghanistan's banking sector.
(H) Funds appropriated under titles III through VI
of this Act that are made available for assistance for
Afghanistan may be made available notwithstanding
section 7012 of this Act or any similar provision of law
and section 660 of the Foreign Assistance Act of 1961.
(3) Oversight.--The <<NOTE: Deadline. Audit. Inspection
plan.>> Special Inspector General for Afghanistan
Reconstruction, the Inspector General of the Department of State
and the Inspector General of USAID, shall jointly develop and
submit to the Committees on Appropriations within 45 days of
enactment of this Act a coordinated audit and inspection plan of
United States assistance for, and civilian operations in,
Afghanistan.
(b) Nepal.--
(1) <<NOTE: Certification.>> Funds appropriated by this Act
under the heading ``Foreign Military Financing Program'' may be
made available for assistance for Nepal only if the Secretary of
State certifies
[[Page 125 STAT. 1237]]
to the Committees on Appropriations that the Nepal Army is--
(A) cooperating fully with investigations and
prosecutions of violations of human rights by civilian
judicial authorities; and
(B) working constructively to redefine the Nepal
Army's mission and adjust its size accordingly,
implement reforms including strengthening the capacity
of the civilian ministry of defense to improve budget
transparency and accountability, and facilitate the
integration of former rebel combatants into the security
forces including the Nepal Army, consistent with the
goals of reconciliation, peace and stability.
(2) The conditions in paragraph (1) shall not apply to
assistance for humanitarian relief and reconstruction activities
in Nepal.
(c) Pakistan.--
(1) Certification.--
(A) None of the funds appropriated or otherwise made
available by this Act under the headings ``Economic
Support Fund'', ``International Narcotics Control and
Law Enforcement'', ``Foreign Military Financing
Program'', and ``Pakistan Counterinsurgency Capability
Fund'' for assistance for the Government of Pakistan may
be made available unless the Secretary of State
certifies to the Committees on Appropriations that the
Government of Pakistan is--
(i) cooperating with the United States in
counterterrorism efforts against the Haqqani
Network, the Quetta Shura Taliban, Lashkar e-
Tayyiba, Jaish-e-Mohammed, Al Qaeda and other
domestic and foreign terrorist organizations,
including taking steps to end support for such
groups and prevent them from basing and operating
in Pakistan and carrying out cross border attacks
into neighboring countries;
(ii) not supporting terrorist activities
against United States or coalition forces in
Afghanistan, and Pakistan's military and
intelligence agencies are not intervening extra-
judicially into political and judicial processes
in Pakistan;
(iii) dismantling improvised explosive device
(IED) networks and interdicting precursor
chemicals used in the manufacture of IEDs;
(iv) preventing the proliferation of nuclear-
related material and expertise;
(v) issuing visas in a timely manner for
United States visitors engaged in counterterrorism
efforts and assistance programs in Pakistan; and
(vi) providing humanitarian organizations
access to detainees, internally displaced persons,
and other Pakistani civilians affected by the
conflict.
(B) <<NOTE: Waiver authority.>> The Secretary of
State may waive the requirements of paragraph (A) if to
do so is in the national security interests of the
United States.
(2) Assistance.--
(A) Funds appropriated by this Act under the heading
``Foreign Military Financing Program'' for assistance
for
[[Page 125 STAT. 1238]]
Pakistan may be made available only to support
counterterrorism and counterinsurgency capabilities in
Pakistan, and are subject to section 620M of the Foreign
Assistance Act of 1961, as amended by this Act.
(B) Funds appropriated by this Act under the heading
``Economic Support Fund'' for assistance for Pakistan
should be made available to interdict precursor
materials from Pakistan to Afghanistan that are used to
manufacture improvised explosive devices, including
calcium ammonium nitrate; to support programs to train
border and customs officials in Pakistan and
Afghanistan; and for agricultural extension programs
that encourage alternative fertilizer use among
Pakistani farmers.
(C) Of the funds appropriated by this Act under the
heading ``Economic Support Fund'' for assistance for
Pakistan, $10,000,000 shall be made available through
the Bureau of Democracy, Human Rights and Labor,
Department of State, for human rights and democracy
programs in Pakistan, including training of government
officials and security forces, and assistance for human
rights organizations and the development of democratic
political parties.
(D) Funds appropriated by this Act under the heading
``Economic Support Fund'' for assistance for Pakistan
may be made available for the Chief of Mission Fund, as
authorized by section 101(c)(5) of Public Law 111-73.
(E) Funds appropriated by this Act under the heading
``Economic Support Fund'' that are made available for
assistance for infrastructure projects in Pakistan shall
be implemented in a manner consistent with section
507(6) of the Trade Act of 1974 (19 U.S.C. 2467(6)).
(F) Funds appropriated by this Act under titles III
and VI for assistance for Pakistan may be made available
notwithstanding any other provision of law, except for
this subsection and section 620M of the Foreign
Assistance Act of 1961, as amended by this Act.
(3) Reports.--
(A)(i) The spend plan required by section 7078 of
this Act for assistance for Pakistan shall include
achievable and sustainable goals, benchmarks for
measuring progress, and expected results regarding
furthering development in Pakistan, countering
extremism, and establishing conditions conducive to the
rule of law and transparent and accountable governance:
Provided, That such benchmarks may incorporate those
required in title III of Public Law 111-73, as
appropriate: Provided further, That not later than 6
months after submission of such spend plan, and each 6
months thereafter until September 30, 2013, the
Secretary of State shall submit a report to the
Committees on Appropriations on the status of achieving
the goals and benchmarks in the spend plan.
(ii) The Secretary of State should suspend
assistance for the Government of Pakistan if any report
required by paragraph (A)(i) indicates that Pakistan is
failing to make measurable progress in meeting these
goals or benchmarks.
(B) Not later than 90 days after enactment of this
Act, the Secretary of State shall submit a report to the
[[Page 125 STAT. 1239]]
Committees on Appropriations detailing the costs and
objectives associated with significant infrastructure
projects supported by the United States in Pakistan, and
an assessment of the extent to which such projects
achieve such objectives.
(d) Sri Lanka.--
(1) <<NOTE: Certification.>> None of the funds appropriated
by this Act under the heading ``Foreign Military Financing
Program'' may be made available for assistance for Sri Lanka, no
defense export license may be issued, and no military equipment
or technology shall be sold or transferred to Sri Lanka pursuant
to the authorities contained in this Act or any other Act,
unless the Secretary of State certifies to the Committees on
Appropriations that the Government of Sri Lanka is--
(A) conducting credible, thorough investigations of
alleged war crimes and violations of international
humanitarian law by government forces and the Liberation
Tigers of Tamil Eelam;
(B) bringing to justice individuals who have been
credibly alleged to have committed such violations;
(C) supporting and cooperating with any United
Nations investigation of alleged war crimes and
violations of international humanitarian law;
(D) respecting due process, the rights of
journalists, and the rights of citizens to peaceful
expression and association, including ending arrest and
detention under emergency regulations;
(E) providing access to detainees by humanitarian
organizations; and
(F) implementing policies to promote reconciliation
and justice including devolution of power.
(2) Paragraph (1) shall not apply to assistance for
humanitarian demining and aerial and maritime surveillance.
(3) If the Secretary makes the certification required in
paragraph (1), funds appropriated under the heading ``Foreign
Military Financing Program'' that are made available for
assistance for Sri Lanka should be used to support the
recruitment and training of Tamils into the Sri Lankan military,
Tamil language training for Sinhalese military personnel, and
human rights training for all military personnel.
(4) <<NOTE: Certification.>> The Secretary of the Treasury
shall instruct the United States executive directors of the
international financial institutions to vote against any loan,
agreement, or other financial support for Sri Lanka except to
meet basic human needs, unless the Secretary of State certifies
to the Committees on Appropriations that the Government of Sri
Lanka is meeting the requirements in paragraph (1)(D), (E), and
(F) of this subsection.
(e) Regional Cross Border Programs.--Funds appropriated by this Act
under the heading ``Economic Support Fund'' for assistance for
Afghanistan and Pakistan may be provided notwithstanding any other
provision of law that restricts assistance to foreign countries for
cross border stabilization and development programs between Afghanistan
and Pakistan or between either country and the Central Asian republics.
[[Page 125 STAT. 1240]]
prohibition of payments to united nations members
Sec. 7047. None of the funds appropriated or made available
pursuant to titles III through VI of this Act for carrying out the
Foreign Assistance Act of 1961, may be used to pay in whole or in part
any assessments, arrearages, or dues of any member of the United Nations
or, from funds appropriated by this Act to carry out chapter 1 of part I
of the Foreign Assistance Act of 1961, the costs for participation of
another country's delegation at international conferences held under the
auspices of multilateral or international organizations.
war crimes tribunals drawdown
Sec. 7048. <<NOTE: President. Determination.>> If the President
determines that doing so will contribute to a just resolution of charges
regarding genocide or other violations of international humanitarian
law, the President may direct a drawdown pursuant to section 552(c) of
the Foreign Assistance Act of 1961 of up to $30,000,000 of commodities
and services for the United Nations War Crimes Tribunal established with
regard to the former Yugoslavia by the United Nations Security Council
or such other tribunals or commissions as the Council may establish or
authorize to deal with such violations, without regard to the ceiling
limitation contained in paragraph (2) thereof: Provided, That the
determination required under this section shall be in lieu of any
determinations otherwise required under section 552(c): Provided
further, <<NOTE: Notification.>> That funds made available pursuant to
this section shall be made available subject to the regular notification
procedures of the Committees on Appropriations.
united nations
Sec. 7049. (a) Transparency and Accountability.--
(1) <<NOTE: Determination. Reports.>> Of the funds
appropriated under title I and under the heading ``International
Organizations and Programs'' in title V of this Act that are
available for contributions to any United Nations agency or to
the Organization of American States, 15 percent shall be
withheld from obligation for such agency or organization if the
Secretary of State determines and reports to the Committees on
Appropriations that the agency or organization is not taking
steps to--
(A) <<NOTE: Public information. Web site.>> publish
on a publicly available Web site, consistent with
privacy regulations and due process, regular financial
and programmatic audits of the agency or organization,
and provide the United States Government with necessary
access to such financial and performance audits; and
(B) implement best practices for the protection of
whistleblowers from retaliation, including best
practices for legal burdens of proof, access to
independent adjudicative bodies, results that eliminate
the effects of retaliation, and statutes of limitation
for reporting retaliation.
(2) <<NOTE: Waiver authority.>> The Secretary may waive the
restriction in this subsection if the Secretary determines and
reports that to do so is in the national interest of the United
States.
(b) <<NOTE: Terrorism.>> Restrictions on United Nations Delegations
and Organizations.--
[[Page 125 STAT. 1241]]
(1) None of the funds made available under title I of this
Act may be used to pay expenses for any United States delegation
to any specialized agency, body, or commission of the United
Nations if such commission is chaired or presided over by a
country, the government of which the Secretary of State has
determined, for purposes of section 6(j)(1) of the Export
Administration Act of 1979 (50 U.S.C. App. 2405(j)(1)), supports
international terrorism.
(2) None of the funds made available under title I of this
Act may be used by the Secretary of State as a contribution to
any organization, agency, or program within the United Nations
system if such organization, agency, commission, or program is
chaired or presided over by a country, the government of which
the Secretary of State has determined, for purposes of section
620A of the Foreign Assistance Act of 1961, section 40 of the
Arms Export Control Act, section 6(j)(1) of the Export
Administration Act of 1979, or any other provision of law, is a
government that has repeatedly provided support for acts of
international terrorism.
(3) <<NOTE: Waiver authority.>> The Secretary of State may
waive the restrictions in this subsection if the Secretary
determines and reports to the Committees on Appropriations that
to do so is in the national interest of the United States.
(c) <<NOTE: Determination. Reports.>> United Nations Human Rights
Council.--Funds appropriated by this Act may be made available for
voluntary contributions or payment of United States assessments in
support of the United Nations Human Rights Council if the Secretary of
State determines and reports to the Committees on Appropriations that
participation in the Council is in the national interest of the United
States: Provided, <<NOTE: Reports. Deadline.>> That the Secretary of
State shall report to the Committees on Appropriations not later than 30
days after the date of enactment of this Act, and every 180 days
thereafter until September 30, 2012, on the resolutions considered in
the United Nations Human Rights Council.
(d) <<NOTE: Applicability.>> United Nations Relief and Works
Agency.--The reporting requirements regarding the United Nations Relief
and Works Agency contained in the joint explanatory statement
accompanying the Supplemental Appropriations Act, 2009 (Public Law 111-
32, House Report 111-151) under the heading ``Migration and Refugee
Assistance'' in title XI shall apply to funds made available by this Act
under such heading.
(e) United Nations Capital Master Plan.--None of the funds made
available in this Act for the United Nations Capital Master Plan may be
used for the design, renovation, or construction of the United Nations
Headquarters in New York in excess of the United States payment for the
assessment agreed upon pursuant to paragraph 10 of United Nations
General Assembly Resolution 61/251.
(f) Reporting Requirement.--Not later than 30 days after enactment
of this Act, the Secretary of State shall submit a report to the
Committees on Appropriation detailing the amount of funds available for
obligation or expenditure in fiscal year 2012 under the headings
``Contributions to International Organizations'' and ``International
Organizations and Programs'' that are withheld from obligation or
expenditure due to any provision of law: Provided, That the Secretary
of State shall update such report each time additional funds are
withheld by operation of any provision of
[[Page 125 STAT. 1242]]
law: Provided further, <<NOTE: Consultation. Notification.>> That the
reprogramming of any withheld funds identified in such report, including
updates thereof, shall be subject to prior consultation with, and the
regular notification procedures of, the Committees on Appropriations.
community-based police assistance
Sec. 7050. (a) Authority.--Funds made available by titles III and IV
of this Act to carry out the provisions of chapter 1 of part I and
chapters 4 and 6 of part II of the Foreign Assistance Act of 1961, may
be used, notwithstanding section 660 of that Act, to enhance the
effectiveness and accountability of civilian police authority through
training and technical assistance in human rights, the rule of law,
anti-corruption, strategic planning, and through assistance to foster
civilian police roles that support democratic governance including
assistance for programs to prevent conflict, respond to disasters,
address gender-based violence, and foster improved police relations with
the communities they serve.
(b) Notification.--Assistance provided under subsection (a) shall be
subject to the regular notification procedures of the Committees on
Appropriations.
attendance at international conferences
Sec. 7051. <<NOTE: Deadline.>> None of the funds made available in
this Act may be used to send or otherwise pay for the attendance of more
than 50 employees of agencies or departments of the United States
Government who are stationed in the United States, at any single
international conference occurring outside the United States, unless the
Secretary of State reports to the Committees on Appropriations at least
5 days in advance that such attendance is important to the national
interest: Provided, <<NOTE: Definition.>> That for purposes of this
section the term ``international conference'' shall mean a conference
attended by representatives of the United States Government and of
foreign governments, international organizations, or nongovernmental
organizations.
aircraft transfer and coordination
Sec. 7052. (a) Transfer Authority.--Notwithstanding any other
provision of law or regulation, aircraft procured with funds
appropriated by this Act and prior Acts making appropriations for the
Department of State, foreign operations, and related programs under the
headings ``Diplomatic and Consular Programs'', ``International Narcotics
Control and Law Enforcement'', ``Andean Counterdrug Initiative'' and
``Andean Counterdrug Programs'' may be used for any other program and in
any region, including for the transportation of active and standby
Civilian Response Corps personnel and equipment during a deployment:
Provided, That the responsibility for policy decisions and justification
for the use of such transfer authority shall be the responsibility of
the Secretary of State and the Deputy Secretary of State and this
responsibility shall not be delegated.
(b) Property Disposal.--
The <<NOTE: Applicability. Determination. Reports.>> authority provided
in subsection (a) shall apply only after the Secretary of State
determines and reports to the Committees on Appropriations that the
equipment is no longer required to meet programmatic purposes in the
designated country or region: Provided, That any such transfer shall
[[Page 125 STAT. 1243]]
be subject to prior consultation with, and the regular notification
procedures of, the Committees on Appropriations.
(c) Aircraft Coordination.--
(1) The uses of aircraft purchased or leased by the
Department of State and the United States Agency for
International Development (USAID) with funds made available in
this Act or prior Acts making appropriations for the Department
of State, foreign operations, and related programs shall be
coordinated under the authority of the appropriate Chief of
Mission: Provided, That such aircraft may be used to transport,
on a reimbursable or non-reimbursable basis, Federal and non-
Federal personnel supporting Department of State and USAID
programs and activities: Provided further, That official travel
for other agencies for other purposes may be supported on a
reimbursable basis, or without reimbursement when traveling on a
space available basis.
(2) <<NOTE: Applicability.>> The requirement and authorities
of this subsection shall only apply to aircraft, the primary
purpose of which is the transportation of personnel.
parking fines and real property taxes owed by foreign governments
Sec. 7053. <<NOTE: Applicability.>> The terms and conditions of
section 7055 of division F of Public Law 111-117 shall apply to this
Act: Provided, That the date ``September 30, 2009'' in subsection
(f)(2)(B) shall be deemed to be ``September 30, 2011''.
landmines and cluster munitions
Sec. 7054. (a) Landmines.--Notwithstanding any other provision of
law, demining equipment available to the United States Agency for
International Development and the Department of State and used in
support of the clearance of landmines and unexploded ordnance for
humanitarian purposes may be disposed of on a grant basis in foreign
countries, subject to such terms and conditions as the Secretary of
State may prescribe.
(b) Cluster Munitions.--No military assistance shall be furnished
for cluster munitions, no defense export license for cluster munitions
may be issued, and no cluster munitions or cluster munitions technology
shall be sold or transferred, unless--
(1) the submunitions of the cluster munitions, after arming,
do not result in more than 1 percent unexploded ordnance across
the range of intended operational environments; and
(2) the agreement applicable to the assistance, transfer, or
sale of such cluster munitions or cluster munitions technology
specifies that the cluster munitions will only be used against
clearly defined military targets and will not be used where
civilians are known to be present or in areas normally inhabited
by civilians.
prohibition on publicity or propaganda
Sec. 7055. No part of any appropriation contained in this Act shall
be used for publicity or propaganda purposes within the United States
not authorized before the date of the enactment of this Act by the
Congress: Provided, That not to exceed $25,000
[[Page 125 STAT. 1244]]
may be made available to carry out the provisions of section 316 of
Public Law 96-533.
limitation on residence expenses
Sec. 7056. Of the funds appropriated or made available pursuant to
title II of this Act, not to exceed $100,500 shall be for official
residence expenses of the United States Agency for International
Development during the current fiscal year: Provided, That appropriate
steps shall be taken to assure that, to the maximum extent possible,
United States-owned foreign currencies are utilized in lieu of dollars.
united states agency for international development management
(including transfer of funds)
Sec. 7057. <<NOTE: 22 USC 3948 note.>> (a) Authority.--Up to
$93,000,000 of the funds made available in title III of this Act to
carry out the provisions of part I of the Foreign Assistance Act of
1961, including funds appropriated under the heading ``Assistance for
Europe, Eurasia and Central Asia'', may be used by the United States
Agency for International Development (USAID) to hire and employ
individuals in the United States and overseas on a limited appointment
basis pursuant to the authority of sections 308 and 309 of the Foreign
Service Act of 1980.
(b) <<NOTE: 22 USC 3948 note.>> Restrictions.--
(1) The number of individuals hired in any fiscal year
pursuant to the authority contained in subsection (a) may not
exceed 175.
(2) <<NOTE: Expiration date.>> The authority to hire
individuals contained in subsection (a) shall expire on
September 30, 2013.
(c) Conditions.--The <<NOTE: 22 USC 3948 note.>> authority of
subsection (a) should only be used to the extent that an equivalent
number of positions that are filled by personal services contractors or
other non-direct hire employees of USAID, who are compensated with funds
appropriated to carry out part I of the Foreign Assistance Act of 1961,
including funds appropriated under the heading ``Assistance for Europe,
Eurasia and Central Asia'', are eliminated.
(d) Program Account Charged.--The <<NOTE: 22 USC 3948
note.>> account charged for the cost of an individual hired and employed
under the authority of this section shall be the account to which such
individual's responsibilities primarily relate: Provided, That funds
made available to carry out this section may be transferred to, and
merged with, funds appropriated by this Act in title II under the
heading ``Operating Expenses''.
(e) <<NOTE: 22 USC 3948 note.>> Foreign Service Limited
Extensions.--Individuals hired and employed by USAID, with funds made
available in this Act or prior Acts making appropriations for the
Department of State, foreign operations, and related programs, pursuant
to the authority of section 309 of the Foreign Service Act of 1980, may
be extended for a period of up to 4 years notwithstanding the limitation
set forth in such section.
(f) Disaster Surge Capacity.--
Funds <<NOTE: Notification.>> appropriated under title III of this Act
to carry out part I of the Foreign Assistance Act of 1961, including
funds appropriated under the heading ``Assistance for Europe, Eurasia
and Central Asia'', may be used, in addition
[[Page 125 STAT. 1245]]
to funds otherwise available for such purposes, for the cost (including
the support costs) of individuals detailed to or employed by USAID whose
primary responsibility is to carry out programs in response to natural
disasters, or man-made disasters subject to the regular notification
procedures of the Committees on Appropriations.
(g) Personal Services Contractors.--Funds appropriated by this Act
to carry out chapter 1 of part I, chapter 4 of part II, and section 667
of the Foreign Assistance Act of 1961, and title II of the Agricultural
Trade Development and Assistance Act of 1954, may be used by USAID to
employ up to 40 personal services contractors in the United States,
notwithstanding any other provision of law, for the purpose of providing
direct, interim support for new or expanded overseas programs and
activities managed by the agency until permanent direct hire personnel
are hired and trained: Provided, That not more than 15 of such
contractors shall be assigned to any bureau or office: Provided
further, That such funds appropriated to carry out title II of the
Agricultural Trade Development and Assistance Act of 1954, may be made
available only for personal services contractors assigned to the Office
of Food for Peace.
(h) Small Business.--In entering into multiple award indefinite-
quantity contracts with funds appropriated by this Act, USAID may
provide an exception to the fair opportunity process for placing task
orders under such contracts when the order is placed with any category
of small or small disadvantaged business.
(i) Senior Foreign Service Limited Appointments.--Individuals hired
pursuant to the authority provided by section 7059(o) of division F of
Public Law 111-117 may be assigned to or support programs in Iraq,
Afghanistan, or Pakistan with funds made available in this Act and prior
Acts making appropriations for the Department of State, foreign
operations, and related programs.
global health activities
Sec. 7058. (a) In General.--Funds appropriated by titles III and IV
of this Act that are made available for bilateral assistance for child
survival activities or disease programs including activities relating to
research on, and the prevention, treatment and control of, HIV/AIDS may
be made available notwithstanding any other provision of law except for
provisions under the heading ``Global Health Programs'' and the United
States Leadership Against HIV/AIDS, Tuberculosis, and Malaria Act of
2003 (117 Stat. 711; 22 U.S.C. 7601 et seq.), as amended: Provided,
That of the funds appropriated under title III of this Act, not less
than $575,000,000 should be made available for family planning/
reproductive health, including in areas where population growth
threatens biodiversity or endangered species.
(b) Global Health Management.--
(1) <<NOTE: Deadlines. Reports.>> Not later than 180 days
after enactment of this Act, the Secretary of State, in
consultation with the Administrator of the United States Agency
for International Development (USAID), shall submit to the
Committees on Appropriations an analysis of short and long-term
costs, to include potential cost savings or increases,
associated with transitioning the function, role, and duties of
the Office of the United States Global AIDS Coordinator into
USAID: Provided, That such
[[Page 125 STAT. 1246]]
report shall also assess any programmatic advantages and
disadvantages, including the ability to achieve results, of
making such a transition.
(2)(A) Not later than 45 days after enactment of this Act,
the Secretary of State, in consultation with the Administrator
of the United States Agency for International Development
(USAID), shall submit to the Committees on Appropriations a
report on the status of the Quadrennial Diplomacy and
Development Review (QDDR) decision to transition the leadership
of the Global Health Initiative (GHI) to USAID, to include the
following--
(i) the metrics developed to measure progress in
meeting each benchmark enumerated in Appendix 2 of the
QDDR and the method utilized to develop such metrics;
and
(ii) the status of, and estimated completion date
for, meeting each benchmark.
(B) Within 90 days of submitting the initial report required
by subparagraph (A), and each 90 days thereafter until the GHI
transition is completed, an update shall be provided to the
Committees on Appropriations on the status of meeting each
benchmark: Provided, That if as part of any such update it is
determined that the QDDR target date of September 2012 will not
be met, the Secretary of State, in consultation with the USAID
Administrator, shall submit a detailed explanation of the delay
and a revised target date for the transition to be completed.
(c) Global Fund Reforms.--
(1) <<NOTE: Determination. Reports.>> Of funds appropriated
by this Act that are available for a contribution to the Global
Fund to Fight AIDS, Tuberculosis and Malaria (Global Fund), 10
percent should be withheld from obligation until the Secretary
of State determines and reports to the Committees on
Appropriations that--
(A) the Global Fund is maintaining and implementing
a policy of transparency, including the authority of the
Global Fund Office of the Inspector General (OIG) to
publish OIG reports on a public Web site;
(B) the Global Fund is providing sufficient
resources to maintain an independent OIG that--
(i) reports directly to the Board of the
Global Fund;
(ii) maintains a mandate to conduct thorough
investigations and programmatic audits, free from
undue interference; and
(iii) compiles regular, publicly published
audits and investigations of financial,
programmatic, and reporting aspects of the Global
Fund, its grantees, recipients, sub-recipients,
and Local Fund Agents; and
(C) the Global Fund maintains an effective
whistleblower policy to protect whistleblowers from
retaliation, including confidential procedures for
reporting possible misconduct or irregularities.
(2) The withholding required by this subsection shall not be
in addition to funds that are withheld from the Global Fund in
fiscal year 2012 pursuant to the application of any other
provision contained in this or any other Act.
(d) Pandemic Response.--
If <<NOTE: President. Determination. Reports.>> the President determines
and reports to the Committees on Appropriations that a pandemic virus
[[Page 125 STAT. 1247]]
is efficient and sustained, severe, and is spreading internationally,
funds made available under titles III, IV, and VIII in this Act and
prior Acts making appropriations for the Department of State, foreign
operations, and related programs may be made available to combat such
virus: Provided, <<NOTE: Consultation. Notification.>> That funds made
available pursuant to the authority of this subsection shall be subject
to prior consultation with, and the regular notification procedures of,
the Committees on Appropriations.
prohibition on promotion of tobacco
Sec. 7059. None of the funds provided by this Act shall be
available to promote the sale or export of tobacco or tobacco products,
or to seek the reduction or removal by any foreign country of
restrictions on the marketing of tobacco or tobacco products, except for
restrictions which are not applied equally to all tobacco or tobacco
products of the same type.
programs to promote gender equality
Sec. 7060. (a) Programs funded under title III of this Act shall
include, where appropriate, efforts to improve the status of women,
including through gender considerations in the planning, assessment,
implementation, monitoring and evaluation of such programs.
(b) Funds appropriated under title III of this Act shall be made
available to support programs to expand economic opportunities for poor
women in developing countries, including increasing the number and
capacity of women-owned enterprises, improving property rights for
women, increasing women's access to financial services and capital,
enhancing the role of women in economic decisionmaking at the local,
national and international levels, and improving women's ability to
participate in the global economy.
(c) Funds appropriated under title III of this Act shall be made
available to increase political opportunities for women, including
strengthening protections for women's personal status, increasing
women's participation in elections, and enhancing women's positions in
government and role in government decisionmaking.
(d) Funds appropriated under in title III of this Act for food
security and agricultural development shall take into consideration the
unique needs of women, and technical assistance for women farmers should
be a priority.
(e) <<NOTE: National Action Plan.>> The Secretary of State, in
consultation with the heads of other relevant Federal agencies, shall
develop a National Action Plan in accordance with United Nations
Security Council Resolution 1325 (adopted on October 31, 2000) to ensure
the United States effectively promotes and supports the rights and roles
of women in conflict-affected and post-conflict regions through clear,
measurable commitments to--
(1) promote the active and meaningful participation of women
in affected areas in all aspects of conflict prevention,
management, and resolution;
(2) integrate the perspectives and interests of affected
women into conflict-prevention activities and strategies;
(3) promote the physical safety, economic security, and
dignity of women and girls;
[[Page 125 STAT. 1248]]
(4) support women's equal access to aid distribution
mechanisms and services; and
(5) monitor, analyze and evaluate implementation efforts and
their impact.
(f) The Department of State and the United States Agency for
International Development shall fully integrate gender into all
diplomatic and development efforts through the inclusion of gender in
strategic planning and budget allocations, and the development of
indicators and evaluation mechanisms to measure the impact of United
States policies and programs on women and girls in foreign countries.
gender-based violence
Sec. 7061. (a) Funds appropriated under the headings ``Global Health
Programs'', ``Development Assistance'', ``Economic Support Fund'', and
``International Narcotics Control and Law Enforcement'' in this Act
shall be made available for gender-based violence prevention and
response efforts, and funds appropriated under the headings
``International Disaster Assistance'', ``Complex Crises Fund'', and
``Migration and Refugee Assistance'' should be made available for such
efforts.
(b) Programs and activities funded under titles III and IV of this
Act to train foreign police, judicial, and military personnel, including
for international peacekeeping operations, shall address, where
appropriate, prevention and response to gender-based violence and
trafficking in persons.
sector allocations
Sec. 7062. (a) Basic and Higher Education.--
(1) Basic education.--
(A) Of the funds appropriated by title III of this
Act, not less than $800,000,000 shall be made available
for assistance for basic education, of which not less
than $288,000,000 should be made available under the
heading ``Development Assistance''.
(B) The United States Agency for International
Development shall ensure that programs supported with
funds appropriated for basic education in this Act and
prior Acts making appropriations for the Department of
State, foreign operations, and related programs are
integrated, when appropriate, with health, agriculture,
governance, and economic development activities to
address the economic and social needs of the broader
community.
(C) Funds appropriated by title III of this Act for
basic education may be made available for a contribution
to the Global Partnership for Education.
(2) Higher education.--Of the funds appropriated by title
III of this Act, not less than $200,000,000 shall be made
available for assistance for higher education, of which
$25,000,000 shall be to support such programs in Africa,
including for partnerships between higher education institutions
in Africa and the United States.
(b) Development Grants Program.--Of the funds appropriated in title
III of this Act, not less than $45,000,000 shall be made available for
the Development Grants Program established
[[Page 125 STAT. 1249]]
pursuant to section 674 of the Department of State, Foreign Operations,
and Related Programs Appropriations Act, 2008 (division J of Public Law
110-161), primarily for unsolicited proposals, to support grants of not
more than $2,000,000 to small nongovernmental organizations: Provided,
That funds made available under this subsection are in addition to other
funds available for such purposes including funds designated by this Act
by subsection (f).
(c) Environment Programs.--
(1) In general.--Of the funds appropriated by this Act, not
less than $1,250,000,000 should be made available for programs
and activities to protect the environment.
(2) Clean energy programs.--
The <<NOTE: Extension.>> limitation in section 7081(b) of
division F of Public Law 111-117 shall continue in effect during
fiscal year 2012 as if part of this Act: Provided, That the
proviso contained in such section shall not apply.
(3) Adaptation programs.--Funds appropriated by this Act may
be made available for United States contributions to the Least
Developed Countries Fund and the Special Climate Change Fund to
support adaptation programs and activities.
(4) Tropical forest programs.--Funds appropriated under
title III of this Act for tropical forest programs shall be used
to protect biodiversity, and shall not be used to support or
promote the expansion of industrial scale logging into primary
tropical forests: Provided, That funds that are available for
the Central African Regional Program for the Environment and
other tropical forest programs in the Congo Basin for the United
States Fish and Wildlife Service (USFWS) shall be apportioned
directly to the USFWS: Provided further, That funds made
available for the Department of the Interior (DOI) for programs
in the Guatemala Mayan Biosphere Reserve shall be apportioned
directly to the DOI.
(5) Authority.--Funds <<NOTE: Notification.>> appropriated
by this Act to carry out the provisions of sections 103 through
106, and chapter 4 of part II, of the Foreign Assistance Act of
1961 may be used, notwithstanding any other provision of law
except for the provisions of this section and subject to the
regular notification procedures of the Committees on
Appropriations, to support environment programs.
(6) Consultation.--Funds <<NOTE: Notification.>> made
available pursuant to this subsection are subject to prior
consultation with, and the regular notification procedures of,
the Committees on Appropriations.
(7) Extraction of natural resources.--
(A) Funds appropriated by this Act shall be made
available to promote and support transparency and
accountability of expenditures and revenues related to
the extraction of natural resources, including by
strengthening implementation and monitoring of the
Extractive Industries Transparency Initiative,
implementing and enforcing section 8204 of Public Law
110-246 and the Kimberley Process Certification Scheme,
and providing technical assistance to promote
independent audit mechanisms and support civil society
participation in natural resource management.
(B)(i) <<NOTE: Web posting.>> The Secretary of the
Treasury shall inform the managements of the
international financial institutions and post on the
Department of the Treasury's Web site that it is the
policy of the United States to vote against any
[[Page 125 STAT. 1250]]
assistance by such institutions (including but not
limited to any loan, credit, grant, or guarantee) for
the extraction and export of a natural resource if the
government of the country has in place laws or
regulations to prevent or limit the public disclosure of
company payments as required by section 1504 of Public
Law 111-203, and unless such government has in place
functioning systems in the sector in which assistance is
being considered for:
(I) accurately accounting for and public
disclosure of payments to the host government by
companies involved in the extraction and export of
natural resources;
(II) the independent auditing of accounts
receiving such payments and public disclosure of
the findings of such audits; and
(III) public disclosure of such documents as
Host Government Agreements, Concession Agreements,
and bidding documents, allowing in any such
dissemination or disclosure for the redaction of,
or exceptions for, information that is
commercially proprietary or that would create
competitive disadvantage.
(ii) The requirements of subparagraph (i) shall not
apply to assistance for the purpose of building the
capacity of such government to meet the requirements of
this paragraph.
(C) The Secretary of the Treasury or the Secretary
of State, as appropriate, shall instruct the United
States executive director of each international
financial institution and the United States
representatives to all forest-related multilateral
financing mechanisms and processes, that it is the
policy of the United States to vote against the
expansion of industrial scale logging into primary
tropical forests.
(8) Continuation of prior law.--Section <<NOTE: 22 USC 7909
note.>> 7081(g)(2) and (4) of division F of Public Law 111-117
shall continue in effect during fiscal year 2012 as if part of
this Act.
(d) Food Security and Agriculture Development.--Of the funds
appropriated by title III of this Act, $1,170,000,000 should be made
available for food security and agriculture development programs, of
which $31,500,000 shall be made available for Collaborative Research
Support Programs: Provided, That such funds may be made available
notwithstanding any other provision of law to address food shortages,
and may be made available for a United States contribution to the
endowment of the Global Crop Diversity Trust pursuant to section 3202 of
Public Law 110-246.
(e) Microenterprise and Microfinance.--Of the funds appropriated by
this Act, not less than $265,000,000 should be made available for
microenterprise and microfinance development programs for the poor,
especially women.
(f) Reconciliation Programs.--(1) Of the funds appropriated by title
III of this Act under the headings ``Economic Support Fund'' and
``Development Assistance'', $26,000,000 shall be made available to
support people-to-people reconciliation programs which bring together
individuals of different ethnic, religious and political backgrounds
from areas of civil strife and war, of which $10,000,000 shall be made
available for such programs in the Middle East:
Provided, <<NOTE: Consultation.>> That the Administrator of the United
States Agency for International Development shall consult with the
Committees
[[Page 125 STAT. 1251]]
on Appropriations, prior to the initial obligation of funds, on the uses
of such funds.
(2) Of the funds appropriated by title III of this Act under the
headings ``Economic Support Fund'' and ``Development Assistance'',
$10,000,000 should be made available for a ``New Generation in the
Middle East'' initiative to build understanding, tolerance, and mutual
respect among the next generation of Israeli and Palestinian leaders.
(g) Trafficking in Persons.--Of the funds appropriated by this Act
under the headings ``Development Assistance'', ``Economic Support
Fund'', ``International Narcotics Control and Law Enforcement'', and
``Assistance for Europe, Eurasia and Central Asia'' not less than
$36,000,000 shall be made available for activities to combat trafficking
in persons internationally.
(h) Water.--Of the funds appropriated by this Act, not less than
$315,000,000 shall be made available for water and sanitation supply
projects pursuant to the Senator Paul Simon Water for the Poor Act of
2005 (Public Law 109-121).
(i) Women's Leadership Capacity.--Of the funds appropriated by title
III of this Act, not less than $20,000,000 shall be made available for
programs to improve women's leadership capacity in recipient countries.
(j) Notification Requirements.--Authorized deviations from funding
levels contained in this section shall be subject to the regular
notification procedures of the Committees on Appropriations.
central asia
Sec. 7063. <<NOTE: Applicability. Waiver authority. Time
periods. Termination date. Certification. Afghanistan.>> The terms and
conditions of sections 7075(a) through (d) and 7076(a) through (e) of
the Department of State, Foreign Operations, and Related Programs
Appropriations Act, 2009 (division H of Public Law 111-8) shall apply to
funds appropriated by this Act, except that the Secretary of State may
waive the application of section 7076(a) for a period of not more than 6
months and every 6 months thereafter until September 30, 2013, if the
Secretary certifies to the Committees on Appropriations that the waiver
is in the national security interest and necessary to obtain access to
and from Afghanistan for the United States, and the waiver includes an
assessment of progress, if any, by the Government of Uzbekistan in
meeting the requirements in section 7076(a):
Provided, <<NOTE: Reports. Deadline.>> That the Secretary of State, in
consultation with the Secretary of Defense, shall submit a report to the
Committees on Appropriations not later than 180 days after enactment of
this Act and 12 months thereafter, on all United States Government
assistance provided to the Government of Uzbekistan and expenditures
made in support of the Northern Distribution Network in Uzbekistan,
including any credible information that such assistance or expenditures
are being diverted for corrupt purposes: Provided further, That
information provided in the report required by the previous proviso may
be provided in a classified annex and such annex shall indicate the
basis for such <<NOTE: Reports. Deadline.>> classification: Provided
further, That for the purposes of the application of section 7075(c) to
this Act, the report shall be submitted not later than October 1, 2012,
and for the purposes of the application of section 7076(e) to this Act,
the term ``assistance'' shall not include expanded international
military education and training.
[[Page 125 STAT. 1252]]
requests for documents
Sec. 7064. None of the funds appropriated or made available
pursuant to titles III through VI of this Act shall be available to a
nongovernmental organization, including any contractor, which fails to
provide upon timely request any document, file, or record necessary to
the auditing requirements of the United States Agency for International
Development.
overseas private investment corporation
(including transfer of funds)
Sec. 7065. <<NOTE: President. Determination.>> (a) Whenever the
President determines that it is in furtherance of the purposes of the
Foreign Assistance Act of 1961, up to a total of $20,000,000 of the
funds appropriated under title III of this Act may be transferred to,
and merged with, funds appropriated by this Act for the Overseas Private
Investment Corporation Program Account, to be subject to the terms and
conditions of that account: Provided, That such funds shall not be
available for administrative expenses of the Overseas Private Investment
Corporation: Provided further, That designated funding levels in this
Act shall not be transferred pursuant to
this <<NOTE: Notification.>> section: Provided further, That the
exercise of such authority shall be subject to the regular notification
procedures of the Committees on Appropriations.
(b) <<NOTE: Extension. 22 USC 2194 note.>> Notwithstanding section
235(a)(2) of the Foreign Assistance Act of 1961, the authority of
subsections (a) through (c) of section 234 of such Act shall remain in
effect until September 30, 2012.
international prison conditions
Sec. 7066. <<NOTE: Deadline. Reports. Public information. Web
posting.>> (a) Not later than 180 days after enactment of this Act, the
Secretary of State shall submit to the Committees on Appropriations a
report, which shall also be made publicly available including on the
Department of State's Web site, describing--
(1) conditions in prisons and other detention facilities in
at least 25 countries whose governments receive United States
assistance and which the Secretary determines raise serious
human rights or humanitarian concerns; and
(2) the extent to which such governments are taking steps to
eliminate such conditions.
(b) For purposes of each determination made pursuant to subsection
(a), the Secretary shall consider the criteria listed in section 7085(b)
(1) through (10) of division F of Public Law 111-117.
(c) Funds appropriated by this Act to carry out the provisions of
chapters 1 and 11 of part I and chapter 4 of part II of the Foreign
Assistance Act of 1961, and the Support for East European Democracy
(SEED) Act of 1989, shall be made available, notwithstanding section 660
of the Foreign Assistance Act of 1961, for assistance to eliminate
inhumane conditions in foreign prisons and other detention facilities.
prohibition on use of torture
Sec. 7067. (a) None of the funds made available in this Act may be
used to support or justify the use of torture, cruel or
[[Page 125 STAT. 1253]]
inhumane treatment by any official or contract employee of the United
States Government.
(b) Funds appropriated by this Act to carry out the provisions of
chapters 1, 10, 11, and 12 of part I and chapter 4 of part II of the
Foreign Assistance Act of 1961, and the Support for East European
Democracy (SEED) Act of 1989, shall be made available, notwithstanding
section 660 of the Foreign Assistance Act of 1961, for assistance to
eliminate torture by foreign police, military or other security forces
in countries receiving assistance from funds appropriated by this Act
that are identified in the Department of State's most recent Country
Reports on Human Rights Practices.
extradition
Sec. 7068. (a) None of the funds appropriated in this Act may be
used to provide assistance (other than funds provided under the headings
``International Narcotics Control and Law Enforcement'', ``Migration and
Refugee Assistance'', ``Emergency Migration and Refugee Assistance'',
and ``Nonproliferation, Anti-terrorism, Demining and Related
Assistance'') for the central government of a country which has notified
the Department of State of its refusal to extradite to the United States
any individual indicted for a criminal offense for which the maximum
penalty is life imprisonment without the possibility of parole or for
killing a law enforcement officer, as specified in a United States
extradition request.
(b) <<NOTE: Applicability.>> Subsection (a) shall only apply to the
central government of a country with which the United States maintains
diplomatic relations and with which the United States has an extradition
treaty and the government of that country is in violation of the terms
and conditions of the treaty.
(c) <<NOTE: Waiver authority. Certification.>> The Secretary of
State may waive the restriction in subsection (a) on a case-by-case
basis if the Secretary certifies to the Committees on Appropriations
that such waiver is important to the national interests of the United
States.
commercial leasing of defense articles
Sec. 7069.
<<NOTE: Notification. President. Determination.>> Notwithstanding any
other provision of law, and subject to the regular notification
procedures of the Committees on Appropriations, the authority of section
23(a) of the Arms Export Control Act may be used to provide financing to
Israel, Egypt and NATO and major non-NATO allies for the procurement by
leasing (including leasing with an option to purchase) of defense
articles from United States commercial suppliers, not including Major
Defense Equipment (other than helicopters and other types of aircraft
having possible civilian application), if the President determines that
there are compelling foreign policy or national security reasons for
those defense articles being provided by commercial lease rather than by
government-to-government sale under such Act.
independent states of the former soviet union
Sec. 7070. <<NOTE: President. Determinations.>> (a) None of the
funds appropriated under the heading ``Assistance for Europe, Eurasia
and Central Asia'' shall be made available for assistance for a
government of an Independent State of the former Soviet Union if that
government directs any
[[Page 125 STAT. 1254]]
action in violation of the territorial integrity or national sovereignty
of any other Independent State of the former Soviet Union, such as those
violations included in the Helsinki Final Act: Provided, That such
funds may be made available without regard to the restriction in this
subsection if the President determines that to do so is in the national
security interest of the United States.
(b)(1) Of the funds appropriated under the heading ``Assistance for
Europe, Eurasia and Central Asia'' that are allocated for assistance for
the Government of the Russian Federation, 60 percent shall be withheld
from obligation until the President determines and certifies in writing
to the Committees on Appropriations that the Government of the Russian
Federation--
(A) has terminated implementation of arrangements to provide
Iran with technical expertise, training, technology, or
equipment necessary to develop a nuclear reactor, related
nuclear research facilities or programs, or ballistic missile
capability; and
(B) is providing full access to international non-government
organizations providing humanitarian relief to refugees and
internally displaced persons in Chechnya.
(2) Paragraph (1) shall not apply to--
(A) assistance to combat infectious diseases, child survival
activities, or assistance for victims of trafficking in persons;
and
(B) activities authorized under title V (Nonproliferation
and Disarmament Programs and Activities) of the FREEDOM Support
Act.
(c) Section 907 of the FREEDOM Support Act shall not apply to--
(1) activities to support democracy or assistance under
title V of the FREEDOM Support Act and section 1424 of Public
Law 104-201 or non-proliferation assistance;
(2) any assistance provided by the Trade and Development
Agency under section 661 of the Foreign Assistance Act of 1961
(22 U.S.C. 2421);
(3) any activity carried out by a member of the United
States and Foreign Commercial Service while acting within his or
her official capacity;
(4) any insurance, reinsurance, guarantee or other
assistance provided by the Overseas Private Investment
Corporation under title IV of chapter 2 of part I of the Foreign
Assistance Act of 1961 (22 U.S.C. 2191 et seq.);
(5) any financing provided under the Export-Import Bank Act
of 1945; or
(6) humanitarian assistance.
international monetary fund
Sec. 7071. <<NOTE: Applicability.>> (a) The terms and conditions of
sections 7086(b) (1) and (2) and 7090(a) of division F of Public Law
111-117 shall apply to this Act.
(b) The Secretary of the Treasury shall instruct the United States
Executive Director of the International Monetary Fund (IMF) to seek to
ensure that any loan will be repaid to the IMF before other private
creditors.
[[Page 125 STAT. 1255]]
(c) The Secretary of the Treasury shall seek to ensure that the IMF
is implementing best practices for the protection of whistleblowers from
retaliation, including best practices for legal burdens of proof, access
to independent adjudicative bodies, results that eliminate the effects
of retaliation, and statutes of limitation for reporting retaliation.
repression in the russian federation
Sec. 7072. <<NOTE: Time period. Certification.>> (a) None of the
funds appropriated under the heading ``Assistance for Europe, Eurasia
and Central Asia'' in this Act may be made available for the Government
of the Russian Federation, after 180 days from the date of the enactment
of this Act, unless the Secretary of State certifies to the Committees
on Appropriations that the Government of the Russian Federation:
(1) has implemented no statute, Executive order, regulation
or similar government action that would discriminate, or which
has as its principal effect discrimination, against religious
groups or religious communities in the Russian Federation in
violation of accepted international agreements on human rights
and religious freedoms to which the Russian Federation is a
party;
(2) is honoring its international obligations regarding
freedom of expression, assembly, and press, as well as due
process;
(3) is investigating and prosecuting law enforcement
personnel credibly alleged to have committed human rights abuses
against political leaders, activists and journalists; and
(4) is immediately releasing political leaders, activists
and journalists who remain in detention.
(b) <<NOTE: Waiver authority. Determination.>> The Secretary of
State may waive the requirements of subsection (a) if the Secretary
determines that to do so is important to the national interests of the
United States.
prohibition on first-class travel
Sec. 7073. None of the funds made available in this Act may be used
for first-class travel by 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.
disability programs
Sec. 7074. Funds appropriated by this Act under the heading
``Economic Support Fund'' shall be made available for programs and
activities administered by the United States Agency for International
Development to address the needs and protect and promote the rights of
people with disabilities in developing countries, including initiatives
that focus on independent living, economic self-sufficiency, advocacy,
education, employment, transportation, sports, and integration of
individuals with disabilities, including for the cost of translation,
and shall also be made available to support disability advocacy
organizations to provide training and technical assistance for disabled
persons organizations in such countries: Provided, That of the funds
made available by this section, up to 7 percent may be for management,
oversight, and technical support.
[[Page 125 STAT. 1256]]
enterprise funds
Sec. 7075. <<NOTE: President. Notifications. Distribution
plan.>> (a) Prior to the distribution of any assets resulting from any
liquidation, dissolution, or winding up of an Enterprise Fund, in whole
or in part, the President shall submit to the Committees on
Appropriations, in accordance with the regular notification procedures
of the Committees on Appropriations, a plan for the distribution of the
assets of the Enterprise Fund.
(b) Funds made available under titles III through VI of this Act for
Enterprise Funds shall be expended at the minimum rate necessary to make
timely payment for projects and activities and no such funds may be
available except through the regular notification procedures of the
Committees on Appropriations.
consular affairs
Sec. 7076. <<NOTE: Visas. Foreign countries.>> (a) The Secretary of
State shall implement the necessary steps, including hiring a sufficient
number of consular officers to include limited non-career appointment
officers, in the People's Republic of China, Brazil, and India to reduce
the wait time to interview visa applicants who have submitted
applications.
(b) The Secretary of State shall conduct a risk and benefit analysis
regarding the extension of the expiration period for B-1 or B-2 visas
for visa applicants before requiring a consular officer interview and,
unless such analysis finds that risks outweigh benefits, develop a plan
to extend such expiration period in a manner consistent with maintaining
security controls.
(c) The Secretary of State may develop and conduct a pilot program
for the processing of B-1 and B-2 visas using secure remote
videoconferencing technology as a method for conducting visa interviews
of applicants: Provided, That any such pilot should be developed in
consultation with other Federal agencies that use such secure
communications to help ensure security of the videoconferencing
transmission and <<NOTE: Determination. Reports.>> encryption: Provided
further, That no pilot program should be conducted if the Secretary
determines and reports to the Committees on Appropriations that such
program poses an undue security risk and that it cannot be conducted in
a manner consistent with maintaining security controls.
procurement reform
Sec. 7077. (a) Local Competition.--Notwithstanding any other
provision of law, the Administrator of the United States Agency for
International Development (USAID) may, with funds made available in this
Act and prior Acts making appropriations for the Department of State,
foreign operations, and related programs, award contracts and other
acquisition instruments in which competition is limited to local
entities if doing so would result in cost savings, develop local
capacity, or enable the USAID Administrator to initiate a program or
activity in appreciably less time than if competition were not so
limited: Provided, That the authority provided in this section may not
be used to make awards in excess of $5,000,000 and shall not exceed more
than 10 percent of the funds made available to USAID under this Act for
assistance programs: Provided further, That such authority shall be
available to support a pilot program with
such <<NOTE: Consultation.>> funds: Provided further, That the USAID
Administrator shall consult with the Committees on
[[Page 125 STAT. 1257]]
Appropriations and relevant congressional committees on the results of
such pilot program.
(b) For the purposes of this section, local entity means an
individual, a corporation, a nonprofit organization, or another body of
persons that--
(1) is legally organized under the laws of;
(2) has as its principal place of business or operations in;
and
(3) either is--
(A) majority owned by individuals who are citizens
or lawful permanent residents of; or
(B) managed by a governing body the majority of whom
are citizens or lawful permanent residents of;
a country receiving assistance from funds appropriated under
title III of this Act.
(c) For purposes of this section, ``majority owned'' and ``managed
by'' include, without limitation, beneficiary interests and the power,
either directly or indirectly, whether exercised or exercisable, to
control the election, appointment, or tenure of the organization's
managers or a majority of the organization's governing body by any
means.
operating and spend plans
Sec. 7078. <<NOTE: Deadline.>> (a) Operating Plans.--Not later than
30 days after the date of enactment of this Act, each department, agency
or organization funded in titles I and II, and the Department of the
Treasury and Independent Agencies funded in title III of this Act shall
submit to the Committees on Appropriations an operating plan for funds
appropriated to such department, agency, or organization in such titles
of this Act, or funds otherwise available for obligation in fiscal year
2012, that provides details of the use of such funds at the program,
project, and activity level.
(b) Spend Plans.--Prior to the initial obligation of funds, the
Secretary of State, in consultation with the Administrator of the United
States Agency for International Development, shall submit to the
Committees on Appropriations a detailed spend plan for the following--
(1) funds appropriated under the heading ``Democracy Fund'';
(2) funds made available in titles III and IV of this Act
for assistance for Iraq, Haiti, Colombia, and Mexico, for the
Caribbean Basin Security Initiative, and for the Central
American Regional Security Initiative;
(3) funds made available for assistance for countries or
programs and activities referenced in--
(A) section 7040;
(B) section 7041(a), (e), (f), and (i);
(C) section 7043(b);
(D) section 7046(a) and (c); and
(4) funds appropriated in title III for food security and
agriculture development programs and for environment programs.
(c) Notifications.--The spend plans referenced in subsection (b)
shall not be considered as meeting the notification requirements under
section 7015 of this Act or under section 634A of the Foreign Assistance
Act of 1961.
[[Page 125 STAT. 1258]]
rescissions
Sec. 7079. (a) Of the funds appropriated in prior Acts making
appropriations for the Department of State, foreign operations, and
related programs under the heading ``Diplomatic and Consular Programs'',
$13,700,000 are rescinded, of which $8,000,000 shall be from funds for
Worldwide Security Protection: Provided, That no amounts may be
rescinded from amounts that were designated by Congress as an emergency
requirement pursuant to a concurrent resolution on the budget or the
Balanced Budget and Emergency Deficit Control Act of 1985.
(b) Of the unexpended balances available under the heading ``Export
and Investment Assistance, Export-Import Bank of the United States,
Subsidy Appropriation'' from prior Acts making appropriations for the
Department of State, foreign operations, and related programs,
$400,000,000 are rescinded.
(c) Of the unexpended balances available to the President for
bilateral economic assistance under the heading ``Economic Support
Fund'' from prior Acts making appropriations for the Department of
State, foreign operations, and related programs, $100,000,000 are
rescinded: Provided, That no amounts may be rescinded from amounts that
were designated by Congress as an emergency requirement pursuant to a
concurrent resolution on the budget or the Balanced Budget and Emergency
Deficit Control Act of 1985.
(d) <<NOTE: Consultation. Deadline.>> The Secretary of State, as
appropriate, shall consult with the Committees on Appropriations at
least 15 days prior to implementing the rescissions made in this
section.
special defense acquisition fund
(including limitation on obligations)
Sec. 7080. (a) Transfer.--Of the funds made available pursuant to
the last proviso in the second paragraph under the heading ``Foreign
Military Financing Program'' in this Act, up to $100,000,000 of such
funds may be transferred to the Special Defense Acquisition Fund
pursuant to section 51 of the Arms Export Control Act.
(b) Limitation on Obligations.--Not to exceed $100,000,000 may be
obligated pursuant to section 51(c)(2) of the Arms Export Control Act
for the purposes of the Special Defense Acquisition Fund (Fund), to
remain available for obligation until September 30, 2015:
Provided, <<NOTE: Concurrence.>> That the provision of defense articles
and defense services to foreign countries or international organizations
from the Fund shall be subject to the concurrence of the Secretary of
State.
authority for capital increases
Sec. 7081. (a) International Bank for Reconstruction and
Development.--The Bretton Woods Agreements Act, as amended (22 U.S.C.
286 et seq.), is further amended by adding at the end thereof the
following new sections:
[[Page 125 STAT. 1259]]
``SEC. 69. <<NOTE: 22 USC 286uu.>> ACCEPTANCE OF AN AMENDMENT TO
THE ARTICLES OF AGREEMENT OF THE BANK TO
INCREASE BASIC VOTES.
``The United States Governor of the Bank may accept on behalf of the
United States the amendment to the Articles of Agreement of the Bank as
proposed in resolution No. 596, entitled `Enhancing Voice and
Participation of Developing and Transition Countries,' of the Board of
Governors of the Bank that was approved by such Board on January 30,
2009.
``SEC. 70. <<NOTE: 22 USC 286vv.>> CAPITAL STOCK INCREASES.
``(a) Increases Authorized.--The United States Governor of the Bank
is authorized--
``(1)(A) to vote in favor of a resolution to increase the
capital stock of the Bank on a selective basis by 230,374
shares; and
``(B) to subscribe on behalf of the United States to 38,459
additional shares of the capital stock of the Bank, as part of
the selective increase in the capital stock of the Bank, except
that any subscription to such additional shares shall be
effective only to such extent or in such amounts as are provided
in advance in appropriations Acts;
``(2)(A) to vote in favor of a resolution to increase the
capital stock of the Bank on a general basis by 484,102 shares;
and
``(B) to subscribe on behalf of the United States to 81,074
additional shares of the capital stock of the Bank, as part of
the general increase in the capital stock of the Bank, except
that any subscription to such additional shares shall be
effective only to such extent or in such amounts as are provided
in advance in appropriations Acts.
``(b) Limitations on Authorization of Appropriations.--
``(1) In order to pay for the increase in the United States
subscription to the Bank under subsection (a)(2)(B), there are
authorized to be appropriated, without fiscal year limitation,
$9,780,361,991 for payment by the Secretary of the Treasury.
``(2) Of the amount authorized to be appropriated under
paragraph (2)(A)--
``(A) $586,821,720 shall be for paid in shares of
the Bank; and
``(B) $9,193,540,271 shall be for callable shares of
the Bank.''.
(b) International Finance Corporation.--The International Finance
Corporation Act, Public Law 84-350, as amended (22 U.S.C. 282 et seq.),
is further amended by adding at the end thereof the following new
section:
``SEC. 17. <<NOTE: 22 USC 282o.>> SELECTIVE CAPITAL INCREASE AND
AMENDMENT OF THE ARTICLES OF AGREEMENT.
``(a) Vote Authorized.--The United States Governor of the
Corporation is authorized to vote in favor of a resolution to increase
the capital stock of the Corporation by $130,000,000.
``(b) Amendment of the Articles of Agreement.--The United States
Governor of the Corporation is authorized to agree to and accept an
amendment to Article IV, Section 3(a) of the Articles of Agreement of
the Corporation that achieves an increase in basic votes to 5.55 percent
of total votes.''.
[[Page 125 STAT. 1260]]
(c) Inter-American Development Bank.--The Inter-American Development
Bank Act, Public Law 86-147, as amended (22 U.S.C. 283 et seq.), is
further amended by adding at the end thereof the following new section:
``SEC. 41. <<NOTE: 22 USC 283z-13.>> NINTH CAPITAL INCREASE.
``(a) Vote Authorized.--The United States Governor of the Bank is
authorized to vote in favor of a resolution to increase the capital
stock of the Bank by $70,000,000,000 as described in Resolution AG-7/10,
`Report on the Ninth General Capital Increase in the resources of the
Inter-American Development Bank' as approved by Governors on July 21,
2010.
``(b) Subscription Authorized.--
``(1) The United States Governor of the Bank may subscribe
on behalf of the United States to 1,741,135 additional shares of
the capital stock of the Bank.
``(2) Any subscription by the United States to the capital
stock of the Bank shall be effective only to such extent and in
such amounts as are provided in advance in appropriations Acts.
``(c) Limitations on Authorization of Appropriations.--
``(1) In order to pay for the increase in the United States
subscription to the Bank under subsection (b), there are
authorized to be appropriated, without fiscal year limitation,
$21,004,064,337 for payment by the Secretary of the Treasury.
``(2) Of the amount authorized to be appropriated under
paragraph (1)--
``(A) $510,090,175 shall be for paid in shares of
the Bank; and
``(B) $20,493,974,162 shall be for callable shares
of the Bank.''.
(d) African Development Bank.--The African Development Bank Act,
Public Law 97-35, as amended (22 U.S.C. 290i et seq.), is further
amended by adding at the end thereof the following new section:
``SEC. 1344. <<NOTE: 22 USC 290i-11.>> SIXTH CAPITAL INCREASE.
``(a) Subscription Authorized.--
``(1) The United States Governor of the Bank may subscribe
on behalf of the United States to 289,391 additional shares of
the capital stock of the Bank.
``(2) Any subscription by the United States to the capital
stock of the Bank shall be effective only to such extent and in
such amounts as are provided in advance in appropriations Acts.
``(b) Limitations on Authorization of Appropriations.--
``(1) In order to pay for the increase in the United States
subscription to the Bank under subsection (a), there are
authorized to be appropriated, without fiscal year limitation,
$4,322,228,221 for payment by the Secretary of the Treasury.
``(2) Of the amount authorized to be appropriated under
paragraph (1)--
``(A) $259,341,759 shall be for paid in shares of
the Bank; and
``(B) $4,062,886,462 shall be for callable shares of
the Bank.''.
(e) <<NOTE: 22 USC 290l-9.>> European Bank for Reconstruction and
Development.--The European Bank for Reconstruction and Development
[[Page 125 STAT. 1261]]
Act, Section 562(c) of Public Law 101-513, as amended (22 U.S.C. 290l et
seq.), is further amended by adding at the end thereof the following new
paragraph:
``(12) Capital increase.--
``(A) Subscription authorized.--
``(i) The United States Governor of the Bank
may subscribe on behalf of the United States up to
90,044 additional callable shares of the capital
stock of the Bank in accordance with Resolution
No. 128 as adopted by the Board of Governors of
the Bank on May 14, 2010.
``(ii) Any subscription by the United States
to additional capital stock of the Bank shall be
effective only to such extent and in such amounts
as are provided in advance in appropriations Acts.
``(B) Limitations on authorization of
appropriations.--In order to pay for the increase in the
United States subscription to the Bank under subsection
(A), there are authorized to be appropriated, without
fiscal year limitation, up to $1,252,331,952 for payment
by the Secretary of the Treasury.''.
reforms related to general capital increases
Sec. 7082. <<NOTE: Reports.>> (a) Reforms.--Funds appropriated by
this Act may not be disbursed for a United States contribution to the
general capital increases of the International Bank for Reconstruction
and Development (World Bank), the African Development Bank (AfDB), or
the Inter-American Development Bank (IDB) until the Secretary of the
Treasury reports to the Committees on Appropriations that such
institution, as appropriate, is making substantial progress toward the
following--
(1) implementing specific reform commitments agreed to by
the World Bank and the AfDB as described in the Pittsburgh
Leaders' Statement issued at the Pittsburgh G20 Summit in
September 2009 concerning sound finances, effective management
and governance, transparency and accountability, focus on core
mission, and results;
(2) implementing specific reform commitments agreed to by
the IDB in Resolution AG-7/10 ``Report on the Ninth General
Capital Increase in the resources of the Inter-American
Development Bank'' as approved by the Governors on July 12,
2010, including transfers of at least $200,000,000 annually to a
grant facility for Haiti;
(3) implementing procurement guidelines that maximize
international competitive bidding in accordance with sound
procurement practices, including transparency, competition, and
cost-effective results for borrowers;
(4) implementing best practices for the protection of
whistleblowers from retaliation, including best practices for
legal burdens of proof, access to independent adjudicative
bodies, results that eliminate the effects of retaliation, and
statutes of limitation for reporting retaliation;
(5) requiring that each candidate for budget support or
development policy loans provide an assessment of reforms needed
to budgetary and procurement processes to encourage
[[Page 125 STAT. 1262]]
transparency, including budget publication and public scrutiny,
prior to loan approval;
(6) <<NOTE: Public information.>> making publicly available
external and internal performance and financial audits of such
institution's projects on the institution's Web site;
(7) adopting policies concerning the World Bank's proposed
Program for Results (P4R) to: limit P4R to no more than 5
percent of annual World Bank lending as a pilot for a period of
not less than two years; require that projects with potentially
significant adverse social or environmental impacts and projects
that affect indigenous peoples are either excluded from P4R or
subject to the World Bank's own policies; require that at the
close of the pilot there will be a thorough, independent
evaluation, with input from civil society and the private
sector, to provide guidance concerning next steps for the pilot;
and fully staff the World Bank Group's Integrity Vice
Presidency, with agreement from Borrowers on the World Bank's
jurisdiction and authority to investigate allegations of fraud
and corruption in any of the World Bank's lending programs
including P4R; and
(8) concerning the World Bank, strengthening the public
availability of information regarding International Finance
Corporation (IFC) subprojects when the IFC is funding a
financial intermediary, including--
(A) requiring that higher-risk subprojects comply
with the relevant Performance Standard requirements; and
(B) agreeing to periodically disclose on the IFC Web
site a listing of the name, location, and sector of
high-risk subprojects supported by IFC investments
through private equity funds.
(b) Report.--Not later than 180 days after enactment of this Act and
every 6 months thereafter until September 30, 2013, the Secretary of the
Treasury shall submit to the Committees on Appropriations a report
detailing the extent to which each institution has continued to make
progress on each policy goal listed in subsection (a).
authority for replenishments
Sec. 7083. (a) International Development Association.--The
International Development Association Act, Public Law 86-565, as amended
(22 U.S.C. 284 et seq.), is further amended by adding at the end thereof
the following new sections:
``SEC. 26. <<NOTE: 22 USC 284x.>> SIXTEENTH REPLENISHMENT.
``(a) The United States Governor of the International Development
Association is authorized to contribute on behalf of the United States
$4,075,500,000 to the sixteenth replenishment of the resources of the
Association, subject to obtaining the necessary appropriations.
``(b) In order to pay for the United States contribution provided
for in subsection (a), there are authorized to be appropriated, without
fiscal year limitation, $4,075,500,000 for payment by the Secretary of
the Treasury.
``SEC. 27. <<NOTE: 22 USC 284y.>> MULTILATERAL DEBT RELIEF.
``(a) The Secretary of the Treasury is authorized to contribute, on
behalf of the United States, not more than $474,000,000 to
[[Page 125 STAT. 1263]]
the International Development Association for the purpose of funding
debt relief cost under the Multilateral Debt Relief Initiative incurred
in the period governed by the sixteenth replenishment of resources of
the International Development Association, subject to obtaining the
necessary appropriations and without prejudice to any funding
arrangements in existence on the date of the enactment of this section.
``(b) In order to pay for the United States contribution provided
for in subsection (a), there are authorized to be appropriated, without
fiscal year limitation, not more than $474,000,000 for payment by the
Secretary of the Treasury.
``(c) In this section, the term `Multilateral Debt Relief
Initiative' means the proposal set out in the G8 Finance Ministers'
Communique entitled `Conclusions on Development', done at London, June
11, 2005, and reaffirmed by G8 Heads of State at the Gleneagles Summit
on July 8, 2005.''.
(b) African Development Bank.--The African Development Fund Act,
Public Law 94-302, as amended (22 U.S.C. 290g et seq.), is further
amended by adding at the end thereof the following new sections:
``SEC. 221. <<NOTE: 22 USC 290g-20.>> TWELFTH REPLENISHMENT.
``(a) The United States Governor of the Fund is authorized to
contribute on behalf of the United States $585,000,000 to the twelfth
replenishment of the resources of the Fund, subject to obtaining the
necessary appropriations.
``(b) In order to pay for the United States contribution provided
for in subsection (a), there are authorized to be appropriated, without
fiscal year limitation, $585,000,000 for payment by the Secretary of the
Treasury.
``SEC. 222. <<NOTE: 22 USC 290g-21.>> MULTILATERAL DEBT RELIEF.
``(a) The Secretary of the Treasury is authorized to contribute, on
behalf of the United States, not more than $60,000,000 to the African
Development Fund for the purpose of funding debt relief costs under the
Multilateral Debt Relief Initiative incurred in the period governed by
the twelfth replenishment of resources of the African Development Fund,
subject to obtaining the necessary appropriations and without prejudice
to any funding arrangements in existence on the date of the enactment of
this section.
``(b) In order to pay for the United States contribution provided
for in subsection (a), there are authorized to be appropriated, without
fiscal year limitation, not more than $60,000,000 for payment by the
Secretary of the Treasury.
``(c) In this section, the term `Multilateral Debt Relief
Initiative' means the proposal set out in the G8 Finance Ministers'
Communique entitled `Conclusions on Development', done at London, June
11, 2005, and reaffirmed by G8 Heads of State at the Gleneagles Summit
on July 8, 2005.''.
authority for the fund for special operations
Sec. 7084. Up to $36,000,000 of funds appropriated for the account
``Department of the Treasury, Debt Restructuring'' by the Full-Year
Continuing Appropriations Act, 2011 (Public Law 112-10, Division B) may
be made available for the United States share of an increase in the
resources of the Fund for Special Operations of the Inter-American
Development Bank in furtherance of debt
[[Page 125 STAT. 1264]]
relief provided to Haiti in view of the Cancun Declaration of March 21,
2010.
united nations population fund
Sec. 7085. (a) Contribution.--Of the funds made available under the
heading ``International Organizations and Programs'' in this Act for
fiscal year 2012, $35,000,000 shall be made available for the United
Nations Population Fund (UNFPA).
(b) Availability of Funds.--Funds appropriated by this Act for
UNFPA, that are not made available for UNFPA because of the operation of
any provision of law, shall be transferred to the ``Global Health
Programs'' account and shall be made available for family planning,
maternal, and reproductive health activities, subject to the regular
notification procedures of the Committees on Appropriations.
(c) Prohibition on Use of Funds in China.--None of the funds made
available by this Act may be used by UNFPA for a country program in the
People's Republic of China.
(d) Conditions on Availability of Funds.--Funds made available by
this Act for UNFPA may not be made available unless--
(1) UNFPA maintains funds made available by this Act in an
account separate from other accounts of UNFPA and does not
commingle such funds with other sums; and
(2) UNFPA does not fund abortions.
(e) Report to Congress and Dollar-for-Dollar Withholding of Funds.--
(1) Not later than 4 months after the date of enactment of
this Act, the Secretary of State shall submit a report to the
Committees on Appropriations indicating the amount of funds that
the UNFPA is budgeting for the year in which the report is
submitted for a country program in the People's Republic of
China.
(2) If a report under paragraph (1) indicates that the UNFPA
plans to spend funds for a country program in the People's
Republic of China in the year covered by the report, then the
amount of such funds the UNFPA plans to spend in the People's
Republic of China shall be deducted from the funds made
available to the UNFPA after March 1 for obligation for the
remainder of the fiscal year in which the report is submitted.
limitations
Sec. 7086. <<NOTE: Waiver authority.>> (a)(1) None of the funds
appropriated under the heading ``Economic Support Fund'' in this Act may
be made available for assistance for the Palestinian Authority if the
Palestinians obtain, after the date of enactment of this Act, the same
standing as member states or full membership as a state in the United
Nations or any specialized agency thereof outside an agreement
negotiated between Israel and the Palestinians.
(2) <<NOTE: Certification.>> The Secretary of State may waive the
restriction in paragraph (1) if the Secretary certifies to the
Committees on Appropriations that to do so is in the national security
interest of the United States, and submits a report to such Committees
detailing how the waiver and the continuation of assistance would assist
in furthering Middle East peace.
[[Page 125 STAT. 1265]]
(b)(1) <<NOTE: President. Determination. Certification.>> The
President may waive the provisions of section 1003 of Public Law 100-204
if the President determines and certifies in writing to the Speaker of
the House of Representatives, the President pro tempore of the Senate,
and the Committees on Appropriations that the Palestinians have not,
after the date of enactment of this Act, obtained in the United Nations
or any specialized agency thereof the same standing as member states or
full membership as a state outside an agreement negotiated between
Israel and the Palestinians.
(2) Not less than 90 days after the President is unable to make the
certification pursuant to subsection (b)(1), the President may waive
section 1003 of Public Law 100-204 if the President determines and
certifies in writing to the Speaker of the House of Representatives, the
President pro tempore of the Senate, and the Committees on
Appropriations that the Palestinians have entered into direct and
meaningful negotiations with Israel: Provided, That any waiver of the
provisions of section 1003 of Public Law 100-204 under paragraph (1) of
this subsection or under previous provisions of law must expire before
the waiver under the preceding sentence may be exercised.
(3) <<NOTE: Effective date. Time periods.>> Any waiver pursuant to
this subsection shall be effective for no more than a period of 6 months
at a time and shall not apply beyond 12 months after the enactment of
this Act.
use of funds in contravention of this act
Sec. 7087. <<NOTE: Determination. Notification.>> If the Executive
Branch makes a determination not to comply with any provision of this
Act on constitutional grounds, the head of the relevant Federal agency
shall notify the Committees on Appropriations in writing within 5 days
of such determination, the basis for such determination and any
resulting changes to program and policy.
TITLE VIII
OVERSEAS CONTINGENCY OPERATIONS/
GLOBAL WAR ON TERRORISM
DEPARTMENT OF STATE
Administration of Foreign Affairs
diplomatic and consular programs
(including transfer of funds)
For an additional amount for ``Diplomatic and Consular Programs'',
$4,389,064,000, to remain available until September 30, 2013, of which
$236,201,000 is for Worldwide Security Protection and shall remain
available until expended: Provided, That the Secretary of State may
transfer up to $230,000,000 of the total funds made available under this
heading to any other appropriation of any department or agency of the
United States, upon the concurrence of the head of such department or
agency, to support operations in and assistance for Afghanistan and to
carry out the provisions of the Foreign Assistance Act of 1961:
Provided further, That such amount is designated by the Congress for
Overseas
[[Page 125 STAT. 1266]]
Contingency Operations/Global War on Terrorism pursuant to section
251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of
1985.
conflict stabilization operations
For an additional amount for ``Conflict Stabilization Operations'',
$8,500,000, to remain available until expended: Provided, That such
amount 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.
office of inspector general
For an additional amount for ``Office of Inspector General'',
$67,182,000, to remain available until September 30, 2013, of which
$19,545,000 shall be for the Special Inspector General for Iraq
Reconstruction for reconstruction oversight, and $44,387,000 shall be
for the Special Inspector General for Afghanistan Reconstruction for
reconstruction oversight: Provided, That such amount 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.
educational and cultural exchange programs
For an additional amount for ``Educational and Cultural Exchange
Programs'', as authorized, $15,600,000, to remain available until
expended: Provided, That such amount 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.
embassy security, construction, and maintenance
For an additional amount for ``Embassy Security, Construction, and
Maintenance'', $33,000,000, to remain available until expended:
Provided, That such amount 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.
International Organizations
contributions to international organizations
For an additional amount for ``Contributions to International
Organizations'', $101,300,000: Provided, That such amount 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.
[[Page 125 STAT. 1267]]
RELATED AGENCY
Broadcasting Board of Governors
international broadcasting operations
For an additional amount for ``International Broadcasting
Operations'', $4,400,000: Provided, That such amount 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.
Related Programs
united states institute of peace
For an additional amount for ``United States Institute of Peace'',
$8,411,000, to remain available until September 30, 2013: Provided,
That such amount 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.
UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT
Funds Appropriated to the President
operating expenses
For an additional amount for ``Operating Expenses'', $255,000,000,
to remain available until September 30, 2013: Provided, That such
amount 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.
office of inspector general
For an additional amount for ``Office of Inspector General'',
$4,500,000, to remain available until September 30, 2013: Provided,
That such amount 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.
BILATERAL ECONOMIC ASSISTANCE
Funds Appropriated to the President
international disaster assistance
For an additional amount for ``International Disaster Assistance'',
$150,000,000, to remain available until September 30, 2013: Provided,
That such amount 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.
[[Page 125 STAT. 1268]]
transition initiatives
For an additional amount for ``Transition Initiatives'', $6,554,000,
to remain available until September 30, 2013: Provided, That such
amount 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.
complex crises fund
For an additional amount for ``Complex Crises Fund'', $30,000,000,
to remain available until September 30, 2013: Provided, That such
amount 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.
economic support fund
For an additional amount for ``Economic Support Fund'',
$2,761,462,000, to remain available until September 30, 2013: Provided,
That such amount 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.
Department of State
migration and refugee assistance
For an additional amount for ``Migration and Refugee Assistance'',
$229,000,000, to remain available until September 30, 2013: Provided,
That such amount 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.
Department of the Treasury
international affairs technical assistance
For an additional amount for ``International Affairs Technical
Assistance'', $1,552,000, to remain available until September 30, 2013,
which shall be available notwithstanding any other provision of law:
Provided, That such amount 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.
INTERNATIONAL SECURITY ASSISTANCE
Department of State
international narcotics control and law enforcement
For an additional amount for ``International Narcotics Control and
Law Enforcement'', $983,605,000, to remain available until September 30,
2013: Provided, That such amount is designated
[[Page 125 STAT. 1269]]
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.
nonproliferation, anti-terrorism, demining and related programs
For an additional amount for ``Nonproliferation, Anti-terrorism,
Demining and Related Programs'', $120,657,000, to remain available until
September 30, 2013: Provided, That such amount 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.
peacekeeping operations
For an additional amount for ``Peacekeeping Operations'',
$81,000,000, to remain available until September 30, 2013: Provided,
That such amount 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.
Funds Appropriated to the President
foreign military financing program
For an additional amount for ``Foreign Military Financing Program'',
$1,102,000,000, to remain available until September 30, 2013: Provided,
That such amount 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.
pakistan counterinsurgency capability fund
(including transfer of funds)
For necessary expenses to carry out the provisions of chapter 8 of
part I and chapters 2, 5, 6, and 8 of part II of the Foreign Assistance
Act of 1961 and section 23 of the Arms Export Control Act, $850,000,000,
to remain available until September 30, 2013, for the purpose of
providing assistance for Pakistan to build and maintain the
counterinsurgency capability of Pakistani security forces (including the
Frontier Corps), to include program management, training in civil-
military humanitarian assistance, human rights training, and the
provision of equipment, supplies, services, training, and facility and
infrastructure repair, renovation, and construction: Provided, That
notwithstanding any other provision of law except section 620M of the
Foreign Assistance Act of 1961, as amended by this Act, such funds shall
be available to the Secretary of State, with the concurrence of the
Secretary of Defense: Provided further, That such funds may be
transferred by the Secretary of State to the Department of Defense or
other Federal departments or agencies to support counterinsurgency
operations and may be merged with, and be available, for the same
purposes and for the same time period as the appropriation or fund to
which transferred or may be transferred pursuant to the authorities
[[Page 125 STAT. 1270]]
contained in the Foreign Assistance Act
of <<NOTE: Deadline. Notification.>> 1961: Provided further, That the
Secretary of State shall, not fewer than 15 days prior to making
transfers from this appropriation, notify the Committees on
Appropriations, in writing, of the details of any such transfer:
Provided further, <<NOTE: Deadlines. Reports.>> That the Secretary of
State shall submit not later than 30 days after the end of each fiscal
quarter to the Committees on Appropriations a report in writing
summarizing, on a project-by-project basis, the uses of funds under this
heading: Provided further, <<NOTE: Determination.>> That upon
determination by the Secretary of State, with the concurrence of the
Secretary of Defense, that all or part of the funds so transferred from
this appropriation are not necessary for the purposes herein, such
amounts may be transferred by the head of the relevant Federal
department or agency back to this appropriation and shall be available
for the same purposes and for the same time period as originally
appropriated: Provided further, That any required notification or
report may be submitted in classified form: Provided further, That the
amount in this paragraph 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.
GENERAL PROVISIONS
Sec. 8001. Notwithstanding any other provision of law, funds
appropriated in this title are in addition to amounts appropriated or
otherwise made available in this Act for fiscal year 2012.
Sec. 8002. Unless otherwise provided for in this Act, the
additional amounts appropriated by this title to appropriations accounts
in this Act shall be available under the authorities and conditions
applicable to such appropriations accounts.
Sec. 8003. Funds appropriated by this title under the headings
``International Disaster Assistance'', ``Transition Initiatives'',
``Complex Crises Fund'', ``Economic Support Fund'', ``Migration and
Refugee Assistance'', ``International Narcotics Control and Law
Enforcement'', ``Nonproliferation, Anti-terrorism, Demining, and Related
Programs'', ``Peacekeeping Operations'', ``Foreign Military Financing
Program'', and ``Pakistan Counterinsurgency Capability Fund'', may be
transferred to, and merged with, funds appropriated by this title under
such headings: Provided, <<NOTE: Notification.>> That such transfers
shall be subject to the regular notification procedures of the
Committees on Appropriations: Provided further, <<NOTE: Transfer
authority.>> That the transfer authority in this section is in addition
to any transfer authority otherwise available under any other provision
of law, including section 610 of the Foreign Assistance Act which may be
exercised by the Secretary of State for the purposes of this title.
Sec. 8004. If authorized during fiscal year 2012, there shall be
established in the Treasury of the United States the ``Global Security
Contingency Fund'' (the Fund): Provided, That notwithstanding any
provision of law, during the current fiscal year, not to exceed
$50,000,000 from funds appropriated under the headings ``International
Narcotics Control and Law Enforcement'', ``Foreign Military Financing
Program'', and ``Pakistan Counterinsurgency Capability Fund'' under
title VIII of this Act may be transferred to the Fund: Provided
further, <<NOTE: Transfer authority. Consultation.>> That this transfer
authority is in addition to any other transfer authority available to
the Department
[[Page 125 STAT. 1271]]
of State, and shall be subject to prior consultation with the Committees
on Appropriations: Provided
further, <<NOTE: Deadline. Notification.>> That the Secretary of State
shall, not later than 15 days prior to making any such transfer, notify
the Committees on Appropriations in accordance with the regular
notification procedures of the Committees on Appropriations, including
the source of funds and a detailed justification, implementation plan,
and timeline for each proposed project: Provided
further, <<NOTE: Applicability.>> That, notwithstanding any provision of
law, the requirements of this section, including the amount and source
of transferred funds, shall apply to any transfer or other authority
relating to the Fund enacted subsequent to the enactment of this Act
unless such subsequently enacted provision of law specifically
references this section.
This division may be cited as the ``Department of State, Foreign
Operations, and Related Programs Appropriations Act, 2012''.
Approved December 23, 2011.
LEGISLATIVE HISTORY--H.R. 2055:
---------------------------------------------------------------------------
HOUSE REPORTS: No. 112-94 (Comm. on Appropriations) and 112-331 (Comm.
of Conference).
SENATE REPORTS: No. 112-29 (Comm. on Appropriations).
CONGRESSIONAL RECORD, Vol. 157 (2011):
June 2, 13, 14, considered and passed House.
July 14, 18-20, considered and passed Senate, amended.
Dec. 16, House agreed to conference report.
Dec. 17, Senate agreed to conference report.
DAILY COMPILATION OF PRESIDENTIAL DOCUMENTS (2011):
Dec. 23, Presidential statement.
<all>