[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2055 Enrolled Bill (ENR)]
H.R.2055
One Hundred Twelfth Congress
of the
United States of America
AT THE FIRST SESSION
Begun and held at the City of Washington on Wednesday,
the fifth day of January, two thousand and eleven
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.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Consolidated Appropriations Act,
2012''.
SEC. 2. TABLE OF CONTENTS.
The table of contents of this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. References.
Sec. 4. Statement of appropriations.
Sec. 5. Availability of funds.
DIVISION A--DEPARTMENT OF DEFENSE APPROPRIATIONS ACT, 2012
Title I--Military Personnel
Title II--Operation and Maintenance
Title III--Procurement
Title IV--Research, Development, Test and Evaluation
Title V--Revolving and Management Funds
Title VI--Other Department of Defense Programs
Title VII--Related agencies
Title VIII--General provisions
Title IX--Overseas contingency operations
DIVISION B--ENERGY AND WATER DEVELOPMENT APPROPRIATIONS ACT, 2012
Title I--Corps of Engineers--Civil
Title II--Department of the Interior
Title III--Department of Energy
Title IV--Independent agencies
Title V--General provisions
DIVISION C--FINANCIAL SERVICES AND GENERAL GOVERNMENT APPROPRIATIONS
ACT, 2012
Title I--Department of the Treasury
Title II--Executive Office of the President and Funds Appropriated to
the President
Title III--The Judiciary
Title IV--District of Columbia
Title V--Independent agencies
Title VI--General provisions--This Act
Title VII--General provisions--Government-wide
Title VIII--General provisions--District of Columbia
DIVISION D--DEPARTMENT OF HOMELAND SECURITY APPROPRIATIONS ACT, 2012
Title I--Departmental management and operations
Title II--Security, enforcement, and investigations
Title III--Protection, preparedness, response, and recovery
Title IV--Research and development, training, and services
Title V--General provisions
DIVISION E--DEPARTMENT OF THE INTERIOR, ENVIRONMENT, AND RELATED
AGENCIES APPROPRIATIONS ACT, 2012
Title I--Department of the Interior
Title II--Environmental Protection Agency
Title III--Related agencies
Title IV--General provisions
DIVISION F--DEPARTMENTS OF LABOR, HEALTH AND HUMAN SERVICES, AND
EDUCATION, AND RELATED AGENCIES APPROPRIATIONS ACT, 2012
Title I--Department of Labor
Title II--Department of Health and Human Services
Title III--Department of Education
Title IV--Related agencies
Title V--General provisions
DIVISION G--LEGISLATIVE BRANCH APPROPRIATIONS ACT, 2012
Title I--Legislative branch
Title II--General provisions
DIVISION H--MILITARY CONSTRUCTION AND VETERANS AFFAIRS AND RELATED
AGENCIES APPROPRIATIONS ACT, 2012
Title I--Department of Defense
Title II--Department of Veterans Affairs
Title III--Related agencies
Title IV--Overseas contingency operations
Title V--General provisions
DIVISION I--DEPARTMENT OF STATE, FOREIGN OPERATIONS, AND RELATED
PROGRAMS APPROPRIATIONS ACT, 2012
Title I--Department of State and related agency
Title II--United States Agency for International Development
Title III--Bilateral economic assistance
Title IV--International security assistance
Title V--Multilateral assistance
Title VI--Export and investment assistance
Title VII--General provisions
Title VIII--Overseas contingency operations
SEC. 3. REFERENCES.
Except as expressly provided otherwise, any reference to ``this
Act'' contained in any division of this Act shall be treated as
referring only to the provisions of that division.
SEC. 4. STATEMENT OF APPROPRIATIONS.
The following sums in this Act are appropriated, out of any money
in the Treasury not otherwise appropriated, for the fiscal year ending
September 30, 2012.
SEC. 5. AVAILABILITY OF FUNDS.
Each amount designated in this Act by the Congress for Overseas
Contingency Operations/Global War on Terrorism pursuant to section
251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act
of 1985 shall be available (or rescinded, if applicable) only if the
President subsequently so designates all such amounts and transmits
such designations to the Congress.
DIVISION A--DEPARTMENT OF DEFENSE APPROPRIATIONS ACT, 2012
TITLE I
Military Personnel, Army
For pay, allowances, individual clothing, subsistence, interest on
deposits, gratuities, permanent change of station travel (including all
expenses thereof for organizational movements), and expenses of
temporary duty travel between permanent duty stations, for members of
the Army on active duty, (except members of reserve components provided
for elsewhere), cadets, and aviation cadets; for members of the Reserve
Officers' Training Corps; and for payments pursuant to section 156 of
Public Law 97-377, as amended (42 U.S.C. 402 note), and to the
Department of Defense Military Retirement Fund, $43,298,409,000.
Military Personnel, Navy
For pay, allowances, individual clothing, subsistence, interest on
deposits, gratuities, permanent change of station travel (including all
expenses thereof for organizational movements), and expenses of
temporary duty travel between permanent duty stations, for members of
the Navy on active duty (except members of the Reserve provided for
elsewhere), midshipmen, and aviation cadets; for members of the Reserve
Officers' Training Corps; and for payments pursuant to section 156 of
Public Law 97-377, as amended (42 U.S.C. 402 note), and to the
Department of Defense Military Retirement Fund, $26,803,334,000.
Military Personnel, Marine Corps
For pay, allowances, individual clothing, subsistence, interest on
deposits, gratuities, permanent change of station travel (including all
expenses thereof for organizational movements), and expenses of
temporary duty travel between permanent duty stations, for members of
the Marine Corps on active duty (except members of the Reserve provided
for elsewhere); and for payments pursuant to section 156 of Public Law
97-377, as amended (42 U.S.C. 402 note), and to the Department of
Defense Military Retirement Fund, $13,635,136,000.
Military Personnel, Air Force
For pay, allowances, individual clothing, subsistence, interest on
deposits, gratuities, permanent change of station travel (including all
expenses thereof for organizational movements), and expenses of
temporary duty travel between permanent duty stations, for members of
the Air Force on active duty (except members of reserve components
provided for elsewhere), cadets, and aviation cadets; for members of
the Reserve Officers' Training Corps; and for payments pursuant to
section 156 of Public Law 97-377, as amended (42 U.S.C. 402 note), and
to the Department of Defense Military Retirement Fund, $28,096,708,000.
Reserve Personnel, Army
For pay, allowances, clothing, subsistence, gratuities, travel, and
related expenses for personnel of the Army Reserve on active duty under
sections 10211, 10302, and 3038 of title 10, United States Code, or
while serving on active duty under section 12301(d) of title 10, United
States Code, in connection with performing duty specified in section
12310(a) of title 10, United States Code, or while undergoing reserve
training, or while performing drills or equivalent duty or other duty,
and expenses authorized by section 16131 of title 10, United States
Code; and for payments to the Department of Defense Military Retirement
Fund, $4,289,407,000.
Reserve Personnel, Navy
For pay, allowances, clothing, subsistence, gratuities, travel, and
related expenses for personnel of the Navy Reserve on active duty under
section 10211 of title 10, United States Code, or while serving on
active duty under section 12301(d) of title 10, United States Code, in
connection with performing duty specified in section 12310(a) of title
10, United States Code, or while undergoing reserve training, or while
performing drills or equivalent duty, and expenses authorized by
section 16131 of title 10, United States Code; and for payments to the
Department of Defense Military Retirement Fund, $1,935,544,000.
Reserve Personnel, Marine Corps
For pay, allowances, clothing, subsistence, gratuities, travel, and
related expenses for personnel of the Marine Corps Reserve on active
duty under section 10211 of title 10, United States Code, or while
serving on active duty under section 12301(d) of title 10, United
States Code, in connection with performing duty specified in section
12310(a) of title 10, United States Code, or while undergoing reserve
training, or while performing drills or equivalent duty, and for
members of the Marine Corps platoon leaders class, and expenses
authorized by section 16131 of title 10, United States Code; and for
payments to the Department of Defense Military Retirement Fund,
$644,722,000.
Reserve Personnel, Air Force
For pay, allowances, clothing, subsistence, gratuities, travel, and
related expenses for personnel of the Air Force Reserve on active duty
under sections 10211, 10305, and 8038 of title 10, United States Code,
or while serving on active duty under section 12301(d) of title 10,
United States Code, in connection with performing duty specified in
section 12310(a) of title 10, United States Code, or while undergoing
reserve training, or while performing drills or equivalent duty or
other duty, and expenses authorized by section 16131 of title 10,
United States Code; and for payments to the Department of Defense
Military Retirement Fund, $1,712,705,000.
National Guard Personnel, Army
For pay, allowances, clothing, subsistence, gratuities, travel, and
related expenses for personnel of the Army National Guard while on duty
under section 10211, 10302, or 12402 of title 10 or section 708 of
title 32, United States Code, or while serving on duty under section
12301(d) of title 10 or section 502(f) of title 32, United States Code,
in connection with performing duty specified in section 12310(a) of
title 10, United States Code, or while undergoing training, or while
performing drills or equivalent duty or other duty, and expenses
authorized by section 16131 of title 10, United States Code; and for
payments to the Department of Defense Military Retirement Fund,
$7,585,645,000.
National Guard Personnel, Air Force
For pay, allowances, clothing, subsistence, gratuities, travel, and
related expenses for personnel of the Air National Guard on duty under
section 10211, 10305, or 12402 of title 10 or section 708 of title 32,
United States Code, or while serving on duty under section 12301(d) of
title 10 or section 502(f) of title 32, United States Code, in
connection with performing duty specified in section 12310(a) of title
10, United States Code, or while undergoing training, or while
performing drills or equivalent duty or other duty, and expenses
authorized by section 16131 of title 10, United States Code; and for
payments to the Department of Defense Military Retirement Fund,
$3,088,929,000.
TITLE II
OPERATION AND MAINTENANCE
Operation and Maintenance, Army
For expenses, not otherwise provided for, necessary for the
operation and maintenance of the Army, as authorized by law; and not to
exceed $12,478,000 can be used for emergencies and extraordinary
expenses, to be expended on the approval or authority of the Secretary
of the Army, and payments may be made on his certificate of necessity
for confidential military purposes, $31,072,902,000.
Operation and Maintenance, Navy
For expenses, not otherwise provided for, necessary for the
operation and maintenance of the Navy and the Marine Corps, as
authorized by law; and not to exceed $14,804,000 can be used for
emergencies and extraordinary expenses, to be expended on the approval
or authority of the Secretary of the Navy, and payments may be made on
his certificate of necessity for confidential military purposes,
$38,120,821,000.
Operation and Maintenance, Marine Corps
For expenses, not otherwise provided for, necessary for the
operation and maintenance of the Marine Corps, as authorized by law,
$5,542,937,000.
Operation and Maintenance, Air Force
For expenses, not otherwise provided for, necessary for the
operation and maintenance of the Air Force, as authorized by law; and
not to exceed $7,699,000 can be used for emergencies and extraordinary
expenses, to be expended on the approval or authority of the Secretary
of the Air Force, and payments may be made on his certificate of
necessity for confidential military purposes, $34,985,486,000.
Operation and Maintenance, Defense-Wide
(including transfer of funds)
For expenses, not otherwise provided for, necessary for the
operation and maintenance of activities and agencies of the Department
of Defense (other than the military departments), as authorized by law,
$30,152,008,000: Provided, That not more than $47,026,000 may be used
for the Combatant Commander Initiative Fund authorized under section
166a of title 10, United States Code: Provided further, That not to
exceed $36,000,000 can be used for emergencies and extraordinary
expenses, to be expended on the approval or authority of the Secretary
of Defense, and payments may be made on his certificate of necessity
for confidential military purposes: Provided further, That of the
funds provided under this heading, not less than $34,311,000 shall be
made available for the Procurement Technical Assistance Cooperative
Agreement Program, of which not less than $3,600,000 shall be available
for centers defined in 10 U.S.C. 2411(1)(D): Provided further, That
none of the funds appropriated or otherwise made available by this Act
may be used to plan or implement the consolidation of a budget or
appropriations liaison office of the Office of the Secretary of
Defense, the office of the Secretary of a military department, or the
service headquarters of one of the Armed Forces into a legislative
affairs or legislative liaison office: Provided further, That
$8,420,000, to remain available until expended, is available only for
expenses relating to certain classified activities, and may be
transferred as necessary by the Secretary of Defense to operation and
maintenance appropriations or research, development, test and
evaluation appropriations, to be merged with and to be available for
the same time period as the appropriations to which transferred:
Provided further, That any ceiling on the investment item unit cost of
items that may be purchased with operation and maintenance funds shall
not apply to the funds described in the preceding proviso: Provided
further, That the transfer authority provided under this heading is in
addition to any other transfer authority provided elsewhere in this
Act.
Operation and Maintenance, Army Reserve
For expenses, not otherwise provided for, necessary for the
operation and maintenance, including training, organization, and
administration, of the Army Reserve; repair of facilities and
equipment; hire of passenger motor vehicles; travel and transportation;
care of the dead; recruiting; procurement of services, supplies, and
equipment; and communications, $3,071,733,000.
Operation and Maintenance, Navy Reserve
For expenses, not otherwise provided for, necessary for the
operation and maintenance, including training, organization, and
administration, of the Navy Reserve; repair of facilities and
equipment; hire of passenger motor vehicles; travel and transportation;
care of the dead; recruiting; procurement of services, supplies, and
equipment; and communications, $1,305,134,000.
Operation and Maintenance, Marine Corps Reserve
For expenses, not otherwise provided for, necessary for the
operation and maintenance, including training, organization, and
administration, of the Marine Corps Reserve; repair of facilities and
equipment; hire of passenger motor vehicles; travel and transportation;
care of the dead; recruiting; procurement of services, supplies, and
equipment; and communications, $271,443,000.
Operation and Maintenance, Air Force Reserve
For expenses, not otherwise provided for, necessary for the
operation and maintenance, including training, organization, and
administration, of the Air Force Reserve; repair of facilities and
equipment; hire of passenger motor vehicles; travel and transportation;
care of the dead; recruiting; procurement of services, supplies, and
equipment; and communications, $3,274,359,000.
Operation and Maintenance, Army National Guard
For expenses of training, organizing, and administering the Army
National Guard, including medical and hospital treatment and related
expenses in non-Federal hospitals; maintenance, operation, and repairs
to structures and facilities; hire of passenger motor vehicles;
personnel services in the National Guard Bureau; travel expenses (other
than mileage), as authorized by law for Army personnel on active duty,
for Army National Guard division, regimental, and battalion commanders
while inspecting units in compliance with National Guard Bureau
regulations when specifically authorized by the Chief, National Guard
Bureau; supplying and equipping the Army National Guard as authorized
by law; and expenses of repair, modification, maintenance, and issue of
supplies and equipment (including aircraft), $6,924,932,000.
Operation and Maintenance, Air National Guard
For expenses of training, organizing, and administering the Air
National Guard, including medical and hospital treatment and related
expenses in non-Federal hospitals; maintenance, operation, and repairs
to structures and facilities; transportation of things, hire of
passenger motor vehicles; supplying and equipping the Air National
Guard, as authorized by law; expenses for repair, modification,
maintenance, and issue of supplies and equipment, including those
furnished from stocks under the control of agencies of the Department
of Defense; travel expenses (other than mileage) on the same basis as
authorized by law for Air National Guard personnel on active Federal
duty, for Air National Guard commanders while inspecting units in
compliance with National Guard Bureau regulations when specifically
authorized by the Chief, National Guard Bureau, $6,098,780,000.
United States Court of Appeals for the Armed Forces
For salaries and expenses necessary for the United States Court of
Appeals for the Armed Forces, $13,861,000, of which not to exceed
$5,000 may be used for official representation purposes.
Environmental Restoration, Army
(including transfer of funds)
For the Department of the Army, $346,031,000, to remain available
until transferred: Provided, That the Secretary of the Army shall,
upon determining that such funds are required for environmental
restoration, reduction and recycling of hazardous waste, removal of
unsafe buildings and debris of the Department of the Army, or for
similar purposes, transfer the funds made available by this
appropriation to other appropriations made available to the Department
of the Army, to be merged with and to be available for the same
purposes and for the same time period as the appropriations to which
transferred: Provided further, That upon a determination that all or
part of the funds transferred from this appropriation are not necessary
for the purposes provided herein, such amounts may be transferred back
to this appropriation: Provided further, That the transfer authority
provided under this heading is in addition to any other transfer
authority provided elsewhere in this Act.
Environmental Restoration, Navy
(including transfer of funds)
For the Department of the Navy, $308,668,000, to remain available
until transferred: Provided, That the Secretary of the Navy shall,
upon determining that such funds are required for environmental
restoration, reduction and recycling of hazardous waste, removal of
unsafe buildings and debris of the Department of the Navy, or for
similar purposes, transfer the funds made available by this
appropriation to other appropriations made available to the Department
of the Navy, to be merged with and to be available for the same
purposes and for the same time period as the appropriations to which
transferred: Provided further, That upon a determination that all or
part of the funds transferred from this appropriation are not necessary
for the purposes provided herein, such amounts may be transferred back
to this appropriation: Provided further, That the transfer authority
provided under this heading is in addition to any other transfer
authority provided elsewhere in this Act.
Environmental Restoration, Air Force
(including transfer of funds)
For the Department of the Air Force, $525,453,000, to remain
available until transferred: Provided, That the Secretary of the Air
Force shall, upon determining that such funds are required for
environmental restoration, reduction and recycling of hazardous waste,
removal of unsafe buildings and debris of the Department of the Air
Force, or for similar purposes, transfer the funds made available by
this appropriation to other appropriations made available to the
Department of the Air Force, to be merged with and to be available for
the same purposes and for the same time period as the appropriations to
which transferred: Provided further, That upon a determination that
all or part of the funds transferred from this appropriation are not
necessary for the purposes provided herein, such amounts may be
transferred back to this appropriation: Provided further, That the
transfer authority provided under this heading is in addition to any
other transfer authority provided elsewhere in this Act.
Environmental Restoration, Defense-Wide
(including transfer of funds)
For the Department of Defense, $10,716,000, to remain available
until transferred: Provided, That the Secretary of Defense shall, upon
determining that such funds are required for environmental restoration,
reduction and recycling of hazardous waste, removal of unsafe buildings
and debris of the Department of Defense, or for similar purposes,
transfer the funds made available by this appropriation to other
appropriations made available to the Department of Defense, to be
merged with and to be available for the same purposes and for the same
time period as the appropriations to which transferred: Provided
further, That upon a determination that all or part of the funds
transferred from this appropriation are not necessary for the purposes
provided herein, such amounts may be transferred back to this
appropriation: Provided further, That the transfer authority provided
under this heading is in addition to any other transfer authority
provided elsewhere in this Act.
Environmental Restoration, Formerly Used Defense Sites
(including transfer of funds)
For the Department of the Army, $326,495,000, to remain available
until transferred: Provided, That the Secretary of the Army shall,
upon determining that such funds are required for environmental
restoration, reduction and recycling of hazardous waste, removal of
unsafe buildings and debris at sites formerly used by the Department of
Defense, transfer the funds made available by this appropriation to
other appropriations made available to the Department of the Army, to
be merged with and to be available for the same purposes and for the
same time period as the appropriations to which transferred: Provided
further, That upon a determination that all or part of the funds
transferred from this appropriation are not necessary for the purposes
provided herein, such amounts may be transferred back to this
appropriation: Provided further, That the transfer authority provided
under this heading is in addition to any other transfer authority
provided elsewhere in this Act.
Overseas Humanitarian, Disaster, and Civic Aid
For expenses relating to the Overseas Humanitarian, Disaster, and
Civic Aid programs of the Department of Defense (consisting of the
programs provided under sections 401, 402, 404, 407, 2557, and 2561 of
title 10, United States Code), $107,662,000, to remain available until
September 30, 2013.
Cooperative Threat Reduction Account
For assistance to the republics of the former Soviet Union and,
with appropriate authorization by the Department of Defense and
Department of State, to countries outside of the former Soviet Union,
including assistance provided by contract or by grants, for
facilitating the elimination and the safe and secure transportation and
storage of nuclear, chemical and other weapons; for establishing
programs to prevent the proliferation of weapons, weapons components,
and weapon-related technology and expertise; for programs relating to
the training and support of defense and military personnel for
demilitarization and protection of weapons, weapons components and
weapons technology and expertise, and for defense and military
contacts, $508,219,000, to remain available until September 30, 2014:
Provided, That of the amounts provided under this heading, not less
than $13,500,000 shall be available only to support the dismantling and
disposal of nuclear submarines, submarine reactor components, and
security enhancements for transport and storage of nuclear warheads in
the Russian Far East and North.
Department of Defense Acquisition Workforce Development Fund
For the Department of Defense Acquisition Workforce Development
Fund, $105,501,000.
TITLE III
PROCUREMENT
Aircraft Procurement, Army
For construction, procurement, production, modification, and
modernization of aircraft, equipment, including ordnance, ground
handling equipment, spare parts, and accessories therefor; specialized
equipment and training devices; expansion of public and private plants,
including the land necessary therefor, for the foregoing purposes, and
such lands and interests therein, may be acquired, and construction
prosecuted thereon prior to approval of title; and procurement and
installation of equipment, appliances, and machine tools in public and
private plants; reserve plant and Government and contractor-owned
equipment layaway; and other expenses necessary for the foregoing
purposes, $5,360,334,000, to remain available for obligation until
September 30, 2014.
Missile Procurement, Army
For construction, procurement, production, modification, and
modernization of missiles, equipment, including ordnance, ground
handling equipment, spare parts, and accessories therefor; specialized
equipment and training devices; expansion of public and private plants,
including the land necessary therefor, for the foregoing purposes, and
such lands and interests therein, may be acquired, and construction
prosecuted thereon prior to approval of title; and procurement and
installation of equipment, appliances, and machine tools in public and
private plants; reserve plant and Government and contractor-owned
equipment layaway; and other expenses necessary for the foregoing
purposes, $1,461,223,000, to remain available for obligation until
September 30, 2014.
Procurement of Weapons and Tracked Combat Vehicles, Army
For construction, procurement, production, and modification of
weapons and tracked combat vehicles, equipment, including ordnance,
spare parts, and accessories therefor; specialized equipment and
training devices; expansion of public and private plants, including the
land necessary therefor, for the foregoing purposes, and such lands and
interests therein, may be acquired, and construction prosecuted thereon
prior to approval of title; and procurement and installation of
equipment, appliances, and machine tools in public and private plants;
reserve plant and Government and contractor-owned equipment layaway;
and other expenses necessary for the foregoing purposes,
$2,070,405,000, to remain available for obligation until September 30,
2014.
Procurement of Ammunition, Army
For construction, procurement, production, and modification of
ammunition, and accessories therefor; specialized equipment and
training devices; expansion of public and private plants, including
ammunition facilities, authorized by section 2854 of title 10, United
States Code, and the land necessary therefor, for the foregoing
purposes, and such lands and interests therein, may be acquired, and
construction prosecuted thereon prior to approval of title; and
procurement and installation of equipment, appliances, and machine
tools in public and private plants; reserve plant and Government and
contractor-owned equipment layaway; and other expenses necessary for
the foregoing purposes, $1,884,424,000, to remain available for
obligation until September 30, 2014.
Other Procurement, Army
For construction, procurement, production, and modification of
vehicles, including tactical, support, and non-tracked combat vehicles;
the purchase of passenger motor vehicles for replacement only;
communications and electronic equipment; other support equipment; spare
parts, ordnance, and accessories therefor; specialized equipment and
training devices; expansion of public and private plants, including the
land necessary therefor, for the foregoing purposes, and such lands and
interests therein, may be acquired, and construction prosecuted thereon
prior to approval of title; and procurement and installation of
equipment, appliances, and machine tools in public and private plants;
reserve plant and Government and contractor-owned equipment layaway;
and other expenses necessary for the foregoing purposes,
$7,924,214,000, to remain available for obligation until September 30,
2014.
Aircraft Procurement, Navy
For construction, procurement, production, modification, and
modernization of aircraft, equipment, including ordnance, spare parts,
and accessories therefor; specialized equipment; expansion of public
and private plants, including the land necessary therefor, and such
lands and interests therein, may be acquired, and construction
prosecuted thereon prior to approval of title; and procurement and
installation of equipment, appliances, and machine tools in public and
private plants; reserve plant and Government and contractor-owned
equipment layaway, $17,675,734,000, to remain available for obligation
until September 30, 2014.
Weapons Procurement, Navy
For construction, procurement, production, modification, and
modernization of missiles, torpedoes, other weapons, and related
support equipment including spare parts, and accessories therefor;
expansion of public and private plants, including the land necessary
therefor, and such lands and interests therein, may be acquired, and
construction prosecuted thereon prior to approval of title; and
procurement and installation of equipment, appliances, and machine
tools in public and private plants; reserve plant and Government and
contractor-owned equipment layaway, $3,224,432,000, to remain available
for obligation until September 30, 2014.
Procurement of Ammunition, Navy and Marine Corps
For construction, procurement, production, and modification of
ammunition, and accessories therefor; specialized equipment and
training devices; expansion of public and private plants, including
ammunition facilities, authorized by section 2854 of title 10, United
States Code, and the land necessary therefor, for the foregoing
purposes, and such lands and interests therein, may be acquired, and
construction prosecuted thereon prior to approval of title; and
procurement and installation of equipment, appliances, and machine
tools in public and private plants; reserve plant and Government and
contractor-owned equipment layaway; and other expenses necessary for
the foregoing purposes, $626,848,000, to remain available for
obligation until September 30, 2014.
Shipbuilding and Conversion, Navy
For expenses necessary for the construction, acquisition, or
conversion of vessels as authorized by law, including armor and
armament thereof, plant equipment, appliances, and machine tools and
installation thereof in public and private plants; reserve plant and
Government and contractor-owned equipment layaway; procurement of
critical, long lead time components and designs for vessels to be
constructed or converted in the future; and expansion of public and
private plants, including land necessary therefor, and such lands and
interests therein, may be acquired, and construction prosecuted thereon
prior to approval of title, as follows:
Carrier Replacement Program (AP), $554,798,000;
Virginia Class Submarine, $3,221,314,000;
Virginia Class Submarine (AP), $1,461,361,000;
CVN Refuelings (AP), $529,652,000;
DDG-1000 Program, $453,727,000;
DDG-51 Destroyer, $1,980,709,000;
DDG-51 Destroyer (AP), $100,723,000;
Littoral Combat Ship, $1,755,093,000;
LPD-17, $1,837,444,000;
LHA-Replacement, $1,999,191,000;
Joint High Speed Vessel, $372,332,000;
Oceanographic Ships, $89,000,000;
Moored Training Ship, $131,200,000;
LCAC Service Life Extension Program, $84,076,000;
Service Craft, $3,863,000; and
For outfitting, post delivery, conversions, and first
destination transportation, $270,639,000.
Completion of Prior Year Shipbuilding Programs, $73,992,000.
In all: $14,919,114,000, to remain available for obligation until
September 30, 2016: Provided, That additional obligations may be
incurred after September 30, 2016, for engineering services, tests,
evaluations, and other such budgeted work that must be performed in the
final stage of ship construction: Provided further, That none of the
funds provided under this heading for the construction or conversion of
any naval vessel to be constructed in shipyards in the United States
shall be expended in foreign facilities for the construction of major
components of such vessel: Provided further, That none of the funds
provided under this heading shall be used for the construction of any
naval vessel in foreign shipyards.
Other Procurement, Navy
For procurement, production, and modernization of support equipment
and materials not otherwise provided for, Navy ordnance (except
ordnance for new aircraft, new ships, and ships authorized for
conversion); the purchase of passenger motor vehicles for replacement
only; expansion of public and private plants, including the land
necessary therefor, and such lands and interests therein, may be
acquired, and construction prosecuted thereon prior to approval of
title; and procurement and installation of equipment, appliances, and
machine tools in public and private plants; reserve plant and
Government and contractor-owned equipment layaway, $6,013,385,000, to
remain available for obligation until September 30, 2014.
Procurement, Marine Corps
For expenses necessary for the procurement, manufacture, and
modification of missiles, armament, military equipment, spare parts,
and accessories therefor; plant equipment, appliances, and machine
tools, and installation thereof in public and private plants; reserve
plant and Government and contractor-owned equipment layaway; vehicles
for the Marine Corps, including the purchase of passenger motor
vehicles for replacement only; and expansion of public and private
plants, including land necessary therefor, and such lands and interests
therein, may be acquired, and construction prosecuted thereon prior to
approval of title, $1,422,570,000, to remain available for obligation
until September 30, 2014.
Aircraft Procurement, Air Force
(including transfer of funds)
For construction, procurement, and modification of aircraft and
equipment, including armor and armament, specialized ground handling
equipment, and training devices, spare parts, and accessories therefor;
specialized equipment; expansion of public and private plants,
Government-owned equipment and installation thereof in such plants,
erection of structures, and acquisition of land, for the foregoing
purposes, and such lands and interests therein, may be acquired, and
construction prosecuted thereon prior to approval of title; reserve
plant and Government and contractor-owned equipment layaway; and other
expenses necessary for the foregoing purposes including rents and
transportation of things, $12,950,000,000, to remain available for
obligation until September 30, 2014: Provided, That of the amount made
available under this heading, $63,500,000 made available for C-130J
aircraft shall be transferred to the Department of Homeland Security,
Coast Guard, ``Acquisition, Construction, and Improvements'': Provided
further, That the transfer authority provided under this heading is in
addition to any other transfer authority provided elsewhere in this
Act.
Missile Procurement, Air Force
For construction, procurement, and modification of missiles,
spacecraft, rockets, and related equipment, including spare parts and
accessories therefor, ground handling equipment, and training devices;
expansion of public and private plants, Government-owned equipment and
installation thereof in such plants, erection of structures, and
acquisition of land, for the foregoing purposes, and such lands and
interests therein, may be acquired, and construction prosecuted thereon
prior to approval of title; reserve plant and Government and
contractor-owned equipment layaway; and other expenses necessary for
the foregoing purposes including rents and transportation of things,
$6,080,877,000, to remain available for obligation until September 30,
2014.
Procurement of Ammunition, Air Force
For construction, procurement, production, and modification of
ammunition, and accessories therefor; specialized equipment and
training devices; expansion of public and private plants, including
ammunition facilities, authorized by section 2854 of title 10, United
States Code, and the land necessary therefor, for the foregoing
purposes, and such lands and interests therein, may be acquired, and
construction prosecuted thereon prior to approval of title; and
procurement and installation of equipment, appliances, and machine
tools in public and private plants; reserve plant and Government and
contractor-owned equipment layaway; and other expenses necessary for
the foregoing purposes, $499,185,000, to remain available for
obligation until September 30, 2014.
Other Procurement, Air Force
For procurement and modification of equipment (including ground
guidance and electronic control equipment, and ground electronic and
communication equipment), and supplies, materials, and spare parts
therefor, not otherwise provided for; the purchase of passenger motor
vehicles for replacement only; lease of passenger motor vehicles; and
expansion of public and private plants, Government-owned equipment and
installation thereof in such plants, erection of structures, and
acquisition of land, for the foregoing purposes, and such lands and
interests therein, may be acquired, and construction prosecuted
thereon, prior to approval of title; reserve plant and Government and
contractor-owned equipment layaway, $17,403,564,000, to remain
available for obligation until September 30, 2014.
Procurement, Defense-Wide
For expenses of activities and agencies of the Department of
Defense (other than the military departments) necessary for
procurement, production, and modification of equipment, supplies,
materials, and spare parts therefor, not otherwise provided for; the
purchase of passenger motor vehicles for replacement only; expansion of
public and private plants, equipment, and installation thereof in such
plants, erection of structures, and acquisition of land for the
foregoing purposes, and such lands and interests therein, may be
acquired, and construction prosecuted thereon prior to approval of
title; reserve plant and Government and contractor-owned equipment
layaway, $4,893,428,000, to remain available for obligation until
September 30, 2014.
Defense Production Act Purchases
For activities by the Department of Defense pursuant to sections
108, 301, 302, and 303 of the Defense Production Act of 1950 (50 U.S.C.
App. 2078, 2091, 2092, and 2093), $169,964,000, to remain available
until expended.
TITLE IV
RESEARCH, DEVELOPMENT, TEST AND EVALUATION
Research, Development, Test and Evaluation, Army
For expenses necessary for basic and applied scientific research,
development, test and evaluation, including maintenance,
rehabilitation, lease, and operation of facilities and equipment,
$8,745,492,000, to remain available for obligation until September 30,
2013.
Research, Development, Test and Evaluation, Navy
For expenses necessary for basic and applied scientific research,
development, test and evaluation, including maintenance,
rehabilitation, lease, and operation of facilities and equipment,
$17,753,940,000, to remain available for obligation until September 30,
2013: Provided, That funds appropriated in this paragraph which are
available for the V-22 may be used to meet unique operational
requirements of the Special Operations Forces: Provided further, That
funds appropriated in this paragraph shall be available for the Cobra
Judy program.
Research, Development, Test and Evaluation, Air Force
For expenses necessary for basic and applied scientific research,
development, test and evaluation, including maintenance,
rehabilitation, lease, and operation of facilities and equipment,
$26,535,996,000, to remain available for obligation until September 30,
2013.
Research, Development, Test and Evaluation, Defense-Wide
(including transfer of funds)
For expenses of activities and agencies of the Department of
Defense (other than the military departments), necessary for basic and
applied scientific research, development, test and evaluation; advanced
research projects as may be designated and determined by the Secretary
of Defense, pursuant to law; maintenance, rehabilitation, lease, and
operation of facilities and equipment, $19,193,955,000, to remain
available for obligation until September 30, 2013: Provided, That of
the funds made available in this paragraph, $200,000,000 for the
Defense Rapid Innovation Program shall only be available for expenses,
not otherwise provided for, to include program management and
oversight, to conduct research, development, test and evaluation to
include proof of concept demonstration; engineering, testing, and
validation; and transition to full-scale production: Provided further,
That the Secretary of Defense may transfer funds provided herein for
the Defense Rapid Innovation Program to appropriations for research,
development, test and evaluation to accomplish the purpose provided
herein: Provided further, That this transfer authority is in addition
to any other transfer authority available to the Department of Defense:
Provided further, That the Secretary of Defense shall, not fewer than
30 days prior to making transfers from this appropriation, notify the
congressional defense committees in writing of the details of any such
transfer.
Operational Test and Evaluation, Defense
For expenses, not otherwise provided for, necessary for the
independent activities of the Director, Operational Test and
Evaluation, in the direction and supervision of operational test and
evaluation, including initial operational test and evaluation which is
conducted prior to, and in support of, production decisions; joint
operational testing and evaluation; and administrative expenses in
connection therewith, $191,292,000, to remain available for obligation
until September 30, 2013.
TITLE V
REVOLVING AND MANAGEMENT FUNDS
Defense Working Capital Funds
For the Defense Working Capital Funds, $1,575,010,000.
National Defense Sealift Fund
For National Defense Sealift Fund programs, projects, and
activities, and for expenses of the National Defense Reserve Fleet, as
established by section 11 of the Merchant Ship Sales Act of 1946 (50
U.S.C. App. 1744), and for the necessary expenses to maintain and
preserve a U.S.-flag merchant fleet to serve the national security
needs of the United States, $1,100,519,000, to remain available until
expended: Provided, That none of the funds provided in this paragraph
shall be used to award a new contract that provides for the acquisition
of any of the following major components unless such components are
manufactured in the United States: auxiliary equipment, including
pumps, for all shipboard services; propulsion system components
(engines, reduction gears, and propellers); shipboard cranes; and
spreaders for shipboard cranes: Provided further, That the exercise of
an option in a contract awarded through the obligation of previously
appropriated funds shall not be considered to be the award of a new
contract: Provided further, That the Secretary of the military
department responsible for such procurement may waive the restrictions
in the first proviso on a case-by-case basis by certifying in writing
to the Committees on Appropriations of the House of Representatives and
the Senate that adequate domestic supplies are not available to meet
Department of Defense requirements on a timely basis and that such an
acquisition must be made in order to acquire capability for national
security purposes.
TITLE VI
OTHER DEPARTMENT OF DEFENSE PROGRAMS
Defense Health Program
For expenses, not otherwise provided for, for medical and health
care programs of the Department of Defense as authorized by law,
$32,482,059,000; of which $30,582,235,000 shall be for operation and
maintenance, of which not to exceed 1 percent shall remain available
until September 30, 2013, and of which up to $16,512,141,000 may be
available for contracts entered into under the TRICARE program; of
which $632,518,000, to remain available for obligation until September
30, 2014, shall be for procurement; and of which $1,267,306,000, to
remain available for obligation until September 30, 2013, shall be for
research, development, test and evaluation: Provided, That,
notwithstanding any other provision of law, of the amount made
available under this heading for research, development, test and
evaluation, not less than $8,000,000 shall be available for HIV
prevention educational activities undertaken in connection with United
States military training, exercises, and humanitarian assistance
activities conducted primarily in African nations.
Chemical Agents and Munitions Destruction, Defense
For expenses, not otherwise provided for, necessary for the
destruction of the United States stockpile of lethal chemical agents
and munitions in accordance with the provisions of section 1412 of the
Department of Defense Authorization Act, 1986 (50 U.S.C. 1521), and for
the destruction of other chemical warfare materials that are not in the
chemical weapon stockpile, $1,554,422,000, of which $1,147,691,000
shall be for operation and maintenance, of which no less than
$71,211,000, shall be for the Chemical Stockpile Emergency Preparedness
Program, consisting of $19,211,000 for activities on military
installations and $52,000,000, to remain available until September 30,
2013, to assist State and local governments and $406,731,000, to remain
available until September 30, 2013, shall be for research, development,
test and evaluation, of which $401,768,000 shall only be for the
Assembled Chemical Weapons Alternatives (ACWA) program.
Drug Interdiction and Counter-Drug Activities, Defense
(including transfer of funds)
For drug interdiction and counter-drug activities of the Department
of Defense, for transfer to appropriations available to the Department
of Defense for military personnel of the reserve components serving
under the provisions of title 10 and title 32, United States Code; for
operation and maintenance; for procurement; and for research,
development, test and evaluation, $1,209,620,000: Provided, That the
funds appropriated under this heading shall be available for obligation
for the same time period and for the same purpose as the appropriation
to which transferred: Provided further, That upon a determination that
all or part of the funds transferred from this appropriation are not
necessary for the purposes provided herein, such amounts may be
transferred back to this appropriation: Provided further, That the
transfer authority provided under this heading is in addition to any
other transfer authority contained elsewhere in this Act: Provided
further, That $23,000,000 may not be obligated or expended until the
Secretary of Defense submits an implementation plan for the expansion
of prescription drug testing to the congressional defense committees.
Office of the Inspector General
For expenses and activities of the Office of the Inspector General
in carrying out the provisions of the Inspector General Act of 1978, as
amended, $346,919,000, of which $341,419,000 shall be for operation and
maintenance, of which not to exceed $700,000 is available for
emergencies and extraordinary expenses to be expended on the approval
or authority of the Inspector General, and payments may be made on the
Inspector General's certificate of necessity for confidential military
purposes; of which $1,000,000, to remain available until September 30,
2014, shall be for procurement; and of which $4,500,000, to remain
available until September 30, 2013, shall be for research, development,
testing, and evaluation.
TITLE VII
RELATED AGENCIES
Central Intelligence Agency Retirement and Disability System Fund
For payment to the Central Intelligence Agency Retirement and
Disability System Fund, to maintain the proper funding level for
continuing the operation of the Central Intelligence Agency Retirement
and Disability System, $513,700,000.
Intelligence Community Management Account
For necessary expenses of the Intelligence Community Management
Account, $547,891,000.
TITLE VIII
GENERAL PROVISIONS
Sec. 8001. No part of any appropriation contained in this Act
shall be used for publicity or propaganda purposes not authorized by
the Congress.
Sec. 8002. During the current fiscal year, provisions of law
prohibiting the payment of compensation to, or employment of, any
person not a citizen of the United States shall not apply to personnel
of the Department of Defense: Provided, That salary increases granted
to direct and indirect hire foreign national employees of the
Department of Defense funded by this Act shall not be at a rate in
excess of the percentage increase authorized by law for civilian
employees of the Department of Defense whose pay is computed under the
provisions of section 5332 of title 5, United States Code, or at a rate
in excess of the percentage increase provided by the appropriate host
nation to its own employees, whichever is higher: Provided further,
That this section shall not apply to Department of Defense foreign
service national employees serving at United States diplomatic missions
whose pay is set by the Department of State under the Foreign Service
Act of 1980: Provided further, That the limitations of this provision
shall not apply to foreign national employees of the Department of
Defense in the Republic of Turkey.
Sec. 8003. No part of any appropriation contained in this Act
shall remain available for obligation beyond the current fiscal year,
unless expressly so provided herein.
Sec. 8004. No more than 20 percent of the appropriations in this
Act which are limited for obligation during the current fiscal year
shall be obligated during the last 2 months of the fiscal year:
Provided, That this section shall not apply to obligations for support
of active duty training of reserve components or summer camp training
of the Reserve Officers' Training Corps.
(transfer of funds)
Sec. 8005. Upon determination by the Secretary of Defense that
such action is necessary in the national interest, he may, with the
approval of the Office of Management and Budget, transfer not to exceed
$3,750,000,000 of working capital funds of the Department of Defense or
funds made available in this Act to the Department of Defense for
military functions (except military construction) between such
appropriations or funds or any subdivision thereof, to be merged with
and to be available for the same purposes, and for the same time
period, as the appropriation or fund to which transferred: Provided,
That such authority to transfer may not be used unless for higher
priority items, based on unforeseen military requirements, than those
for which originally appropriated and in no case where the item for
which funds are requested has been denied by the Congress: Provided
further, That the Secretary of Defense shall notify the Congress
promptly of all transfers made pursuant to this authority or any other
authority in this Act: Provided further, That no part of the funds in
this Act shall be available to prepare or present a request to the
Committees on Appropriations for reprogramming of funds, unless for
higher priority items, based on unforeseen military requirements, than
those for which originally appropriated and in no case where the item
for which reprogramming is requested has been denied by the Congress:
Provided further, That a request for multiple reprogrammings of funds
using authority provided in this section shall be made prior to June
30, 2012: Provided further, That transfers among military personnel
appropriations shall not be taken into account for purposes of the
limitation on the amount of funds that may be transferred under this
section.
Sec. 8006. (a) With regard to the list of specific programs,
projects, and activities (and the dollar amounts and adjustments to
budget activities corresponding to such programs, projects, and
activities) contained in the tables titled ``Explanation of Project
Level Adjustments'' in the explanatory statement regarding this Act,
the obligation and expenditure of amounts appropriated or otherwise
made available in this Act for those programs, projects, and activities
for which the amounts appropriated exceed the amounts requested are
hereby required by law to be carried out in the manner provided by such
tables to the same extent as if the tables were included in the text of
this Act.
(b) Amounts specified in the referenced tables described in
subsection (a) shall not be treated as subdivisions of appropriations
for purposes of section 8005 of this Act: Provided, That section 8005
shall apply when transfers of the amounts described in subsection (a)
occur between appropriation accounts.
Sec. 8007. (a) Not later than 60 days after enactment of this Act,
the Department of Defense shall submit a report to the congressional
defense committees to establish the baseline for application of
reprogramming and transfer authorities for fiscal year 2012: Provided,
That the report shall include--
(1) a table for each appropriation with a separate column to
display the President's budget request, adjustments made by
Congress, adjustments due to enacted rescissions, if appropriate,
and the fiscal year enacted level;
(2) a delineation in the table for each appropriation both by
budget activity and program, project, and activity as detailed in
the Budget Appendix; and
(3) an identification of items of special congressional
interest.
(b) Notwithstanding section 8005 of this Act, none of the funds
provided in this Act shall be available for reprogramming or transfer
until the report identified in subsection (a) is submitted to the
congressional defense committees, unless the Secretary of Defense
certifies in writing to the congressional defense committees that such
reprogramming or transfer is necessary as an emergency requirement.
(transfer of funds)
Sec. 8008. During the current fiscal year, cash balances in
working capital funds of the Department of Defense established pursuant
to section 2208 of title 10, United States Code, may be maintained in
only such amounts as are necessary at any time for cash disbursements
to be made from such funds: Provided, That transfers may be made
between such funds: Provided further, That transfers may be made
between working capital funds and the ``Foreign Currency Fluctuations,
Defense'' appropriation and the ``Operation and Maintenance''
appropriation accounts in such amounts as may be determined by the
Secretary of Defense, with the approval of the Office of Management and
Budget, except that such transfers may not be made unless the Secretary
of Defense has notified the Congress of the proposed transfer. Except
in amounts equal to the amounts appropriated to working capital funds
in this Act, no obligations may be made against a working capital fund
to procure or increase the value of war reserve material inventory,
unless the Secretary of Defense has notified the Congress prior to any
such obligation.
Sec. 8009. Funds appropriated by this Act may not be used to
initiate a special access program without prior notification 30
calendar days in advance to the congressional defense committees.
Sec. 8010. None of the funds provided in this Act shall be
available to initiate: (1) a multiyear contract that employs economic
order quantity procurement in excess of $20,000,000 in any one year of
the contract or that includes an unfunded contingent liability in
excess of $20,000,000; or (2) a contract for advance procurement
leading to a multiyear contract that employs economic order quantity
procurement in excess of $20,000,000 in any one year, unless the
congressional defense committees have been notified at least 30 days in
advance of the proposed contract award: Provided, That no part of any
appropriation contained in this Act shall be available to initiate a
multiyear contract for which the economic order quantity advance
procurement is not funded at least to the limits of the Government's
liability: Provided further, That no part of any appropriation
contained in this Act shall be available to initiate multiyear
procurement contracts for any systems or component thereof if the value
of the multiyear contract would exceed $500,000,000 unless specifically
provided in this Act: Provided further, That no multiyear procurement
contract can be terminated without 10-day prior notification to the
congressional defense committees: Provided further, That the execution
of multiyear authority shall require the use of a present value
analysis to determine lowest cost compared to an annual procurement:
Provided further, That none of the funds provided in this Act may be
used for a multiyear contract executed after the date of the enactment
of this Act unless in the case of any such contract--
(1) the Secretary of Defense has submitted to Congress a budget
request for full funding of units to be procured through the
contract and, in the case of a contract for procurement of
aircraft, that includes, for any aircraft unit to be procured
through the contract for which procurement funds are requested in
that budget request for production beyond advance procurement
activities in the fiscal year covered by the budget, full funding
of procurement of such unit in that fiscal year;
(2) cancellation provisions in the contract do not include
consideration of recurring manufacturing costs of the contractor
associated with the production of unfunded units to be delivered
under the contract;
(3) the contract provides that payments to the contractor under
the contract shall not be made in advance of incurred costs on
funded units; and
(4) the contract does not provide for a price adjustment based
on a failure to award a follow-on contract.
Funds appropriated in title III of this Act may be used for a
multiyear procurement contract as follows:
UH-60M/HH-60M and MH-60R/MH-60S Helicopter Airframes; and MH-60R/S
Mission Avionics and Common Cockpits.
Sec. 8011. Within the funds appropriated for the operation and
maintenance of the Armed Forces, funds are hereby appropriated pursuant
to section 401 of title 10, United States Code, for humanitarian and
civic assistance costs under chapter 20 of title 10, United States
Code. Such funds may also be obligated for humanitarian and civic
assistance costs incidental to authorized operations and pursuant to
authority granted in section 401 of chapter 20 of title 10, United
States Code, and these obligations shall be reported as required by
section 401(d) of title 10, United States Code: Provided, That funds
available for operation and maintenance shall be available for
providing humanitarian and similar assistance by using Civic Action
Teams in the Trust Territories of the Pacific Islands and freely
associated states of Micronesia, pursuant to the Compact of Free
Association as authorized by Public Law 99-239: Provided further, That
upon a determination by the Secretary of the Army that such action is
beneficial for graduate medical education programs conducted at Army
medical facilities located in Hawaii, the Secretary of the Army may
authorize the provision of medical services at such facilities and
transportation to such facilities, on a nonreimbursable basis, for
civilian patients from American Samoa, the Commonwealth of the Northern
Mariana Islands, the Marshall Islands, the Federated States of
Micronesia, Palau, and Guam.
Sec. 8012. (a) During fiscal year 2012, the civilian personnel of
the Department of Defense may not be managed on the basis of any end-
strength, and the management of such personnel during that fiscal year
shall not be subject to any constraint or limitation (known as an end-
strength) on the number of such personnel who may be employed on the
last day of such fiscal year.
(b) The fiscal year 2013 budget request for the Department of
Defense as well as all justification material and other documentation
supporting the fiscal year 2013 Department of Defense budget request
shall be prepared and submitted to the Congress as if subsections (a)
and (b) of this provision were effective with regard to fiscal year
2013.
(c) Nothing in this section shall be construed to apply to military
(civilian) technicians.
Sec. 8013. None of the funds made available by this Act shall be
used in any way, directly or indirectly, to influence congressional
action on any legislation or appropriation matters pending before the
Congress.
Sec. 8014. None of the funds appropriated by this Act shall be
available for the basic pay and allowances of any member of the Army
participating as a full-time student and receiving benefits paid by the
Secretary of Veterans Affairs from the Department of Defense Education
Benefits Fund when time spent as a full-time student is credited toward
completion of a service commitment: Provided, That this section shall
not apply to those members who have reenlisted with this option prior
to October 1, 1987: Provided further, That this section applies only
to active components of the Army.
(transfer of funds)
Sec. 8015. Funds appropriated in title III of this Act for the
Department of Defense Pilot Mentor-Protege Program may be transferred
to any other appropriation contained in this Act solely for the purpose
of implementing a Mentor-Protege Program developmental assistance
agreement pursuant to section 831 of the National Defense Authorization
Act for Fiscal Year 1991 (Public Law 101-510; 10 U.S.C. 2302 note), as
amended, under the authority of this provision or any other transfer
authority contained in this Act.
Sec. 8016. None of the funds in this Act may be available for the
purchase by the Department of Defense (and its departments and
agencies) of welded shipboard anchor and mooring chain 4 inches in
diameter and under unless the anchor and mooring chain are manufactured
in the United States from components which are substantially
manufactured in the United States: Provided, That for the purpose of
this section, the term ``manufactured'' shall include cutting, heat
treating, quality control, testing of chain and welding (including the
forging and shot blasting process): Provided further, That for the
purpose of this section substantially all of the components of anchor
and mooring chain shall be considered to be produced or manufactured in
the United States if the aggregate cost of the components produced or
manufactured in the United States exceeds the aggregate cost of the
components produced or manufactured outside the United States:
Provided further, That when adequate domestic supplies are not
available to meet Department of Defense requirements on a timely basis,
the Secretary of the service responsible for the procurement may waive
this restriction on a case-by-case basis by certifying in writing to
the Committees on Appropriations that such an acquisition must be made
in order to acquire capability for national security purposes.
Sec. 8017. None of the funds available to the Department of
Defense may be used to demilitarize or dispose of M-1 Carbines, M-1
Garand rifles, M-14 rifles, .22 caliber rifles, .30 caliber rifles, or
M-1911 pistols, or to demilitarize or destroy small arms ammunition or
ammunition components that are not otherwise prohibited from commercial
sale under Federal law, unless the small arms ammunition or ammunition
components are certified by the Secretary of the Army or designee as
unserviceable or unsafe for further use.
Sec. 8018. No more than $500,000 of the funds appropriated or made
available in this Act shall be used during a single fiscal year for any
single relocation of an organization, unit, activity or function of the
Department of Defense into or within the National Capital Region:
Provided, That the Secretary of Defense may waive this restriction on a
case-by-case basis by certifying in writing to the congressional
defense committees that such a relocation is required in the best
interest of the Government.
Sec. 8019. In addition to the funds provided elsewhere in this
Act, $15,000,000 is appropriated only for incentive payments authorized
by section 504 of the Indian Financing Act of 1974 (25 U.S.C. 1544):
Provided, That a prime contractor or a subcontractor at any tier that
makes a subcontract award to any subcontractor or supplier as defined
in section 1544 of title 25, United States Code, or a small business
owned and controlled by an individual or individuals defined under
section 4221(9) of title 25, United States Code, shall be considered a
contractor for the purposes of being allowed additional compensation
under section 504 of the Indian Financing Act of 1974 (25 U.S.C. 1544)
whenever the prime contract or subcontract amount is over $500,000 and
involves the expenditure of funds appropriated by an Act making
Appropriations for the Department of Defense with respect to any fiscal
year: Provided further, That notwithstanding section 1906 of title 41,
United States Code, this section shall be applicable to any Department
of Defense acquisition of supplies or services, including any contract
and any subcontract at any tier for acquisition of commercial items
produced or manufactured, in whole or in part, by any subcontractor or
supplier defined in section 1544 of title 25, United States Code, or a
small business owned and controlled by an individual or individuals
defined under section 4221(9) of title 25, United States Code.
Sec. 8020. Funds appropriated by this Act for the Defense Media
Activity shall not be used for any national or international political
or psychological activities.
Sec. 8021. During the current fiscal year, the Department of
Defense is authorized to incur obligations of not to exceed
$350,000,000 for purposes specified in section 2350j(c) of title 10,
United States Code, in anticipation of receipt of contributions, only
from the Government of Kuwait, under that section: Provided, That upon
receipt, such contributions from the Government of Kuwait shall be
credited to the appropriations or fund which incurred such obligations.
Sec. 8022. (a) Of the funds made available in this Act, not less
than $37,745,000 shall be available for the Civil Air Patrol
Corporation, of which--
(1) $27,838,000 shall be available from ``Operation and
Maintenance, Air Force'' to support Civil Air Patrol Corporation
operation and maintenance, readiness, counterdrug activities, and
drug demand reduction activities involving youth programs;
(2) $8,990,000 shall be available from ``Aircraft Procurement,
Air Force''; and
(3) $917,000 shall be available from ``Other Procurement, Air
Force'' for vehicle procurement.
(b) The Secretary of the Air Force should waive reimbursement for
any funds used by the Civil Air Patrol for counter-drug activities in
support of Federal, State, and local government agencies.
Sec. 8023. (a) None of the funds appropriated in this Act are
available to establish a new Department of Defense (department)
federally funded research and development center (FFRDC), either as a
new entity, or as a separate entity administrated by an organization
managing another FFRDC, or as a nonprofit membership corporation
consisting of a consortium of other FFRDCs and other nonprofit
entities.
(b) No member of a Board of Directors, Trustees, Overseers,
Advisory Group, Special Issues Panel, Visiting Committee, or any
similar entity of a defense FFRDC, and no paid consultant to any
defense FFRDC, except when acting in a technical advisory capacity, may
be compensated for his or her services as a member of such entity, or
as a paid consultant by more than one FFRDC in a fiscal year:
Provided, That a member of any such entity referred to previously in
this subsection shall be allowed travel expenses and per diem as
authorized under the Federal Joint Travel Regulations, when engaged in
the performance of membership duties.
(c) Notwithstanding any other provision of law, none of the funds
available to the department from any source during fiscal year 2012 may
be used by a defense FFRDC, through a fee or other payment mechanism,
for construction of new buildings, for payment of cost sharing for
projects funded by Government grants, for absorption of contract
overruns, or for certain charitable contributions, not to include
employee participation in community service and/or development.
(d) Notwithstanding any other provision of law, of the funds
available to the department during fiscal year 2012, not more than
5,750 staff years of technical effort (staff years) may be funded for
defense FFRDCs: Provided, That of the specific amount referred to
previously in this subsection, not more than 1,125 staff years may be
funded for the defense studies and analysis FFRDCs: Provided further,
That this subsection shall not apply to staff years funded in the
National Intelligence Program (NIP) and the Military Intelligence
Program (MIP).
(e) The Secretary of Defense shall, with the submission of the
department's fiscal year 2013 budget request, submit a report
presenting the specific amounts of staff years of technical effort to
be allocated for each defense FFRDC during that fiscal year and the
associated budget estimates.
(f) Notwithstanding any other provision of this Act, the total
amount appropriated in this Act for FFRDCs is hereby reduced by
$150,245,000.
Sec. 8024. None of the funds appropriated or made available in
this Act shall be used to procure carbon, alloy or armor steel plate
for use in any Government-owned facility or property under the control
of the Department of Defense which were not melted and rolled in the
United States or Canada: Provided, That these procurement restrictions
shall apply to any and all Federal Supply Class 9515, American Society
of Testing and Materials (ASTM) or American Iron and Steel Institute
(AISI) specifications of carbon, alloy or armor steel plate: Provided
further, That the Secretary of the military department responsible for
the procurement may waive this restriction on a case-by-case basis by
certifying in writing to the Committees on Appropriations of the House
of Representatives and the Senate that adequate domestic supplies are
not available to meet Department of Defense requirements on a timely
basis and that such an acquisition must be made in order to acquire
capability for national security purposes: Provided further, That
these restrictions shall not apply to contracts which are in being as
of the date of the enactment of this Act.
Sec. 8025. For the purposes of this Act, the term ``congressional
defense committees'' means the Armed Services Committee of the House of
Representatives, the Armed Services Committee of the Senate, the
Subcommittee on Defense of the Committee on Appropriations of the
Senate, and the Subcommittee on Defense of the Committee on
Appropriations of the House of Representatives.
Sec. 8026. During the current fiscal year, the Department of
Defense may acquire the modification, depot maintenance and repair of
aircraft, vehicles and vessels as well as the production of components
and other Defense-related articles, through competition between
Department of Defense depot maintenance activities and private firms:
Provided, That the Senior Acquisition Executive of the military
department or Defense Agency concerned, with power of delegation, shall
certify that successful bids include comparable estimates of all direct
and indirect costs for both public and private bids: Provided further,
That Office of Management and Budget Circular A-76 shall not apply to
competitions conducted under this section.
Sec. 8027. (a)(1) If the Secretary of Defense, after consultation
with the United States Trade Representative, determines that a foreign
country which is party to an agreement described in paragraph (2) has
violated the terms of the agreement by discriminating against certain
types of products produced in the United States that are covered by the
agreement, the Secretary of Defense shall rescind the Secretary's
blanket waiver of the Buy American Act with respect to such types of
products produced in that foreign country.
(2) An agreement referred to in paragraph (1) is any reciprocal
defense procurement memorandum of understanding, between the United
States and a foreign country pursuant to which the Secretary of Defense
has prospectively waived the Buy American Act for certain products in
that country.
(b) The Secretary of Defense shall submit to the Congress a report
on the amount of Department of Defense purchases from foreign entities
in fiscal year 2012. Such report shall separately indicate the dollar
value of items for which the Buy American Act was waived pursuant to
any agreement described in subsection (a)(2), the Trade Agreement Act
of 1979 (19 U.S.C. 2501 et seq.), or any international agreement to
which the United States is a party.
(c) For purposes of this section, the term ``Buy American Act''
means chapter 83 of title 41, United States Code.
Sec. 8028. During the current fiscal year, amounts contained in
the Department of Defense Overseas Military Facility Investment
Recovery Account established by section 2921(c)(1) of the National
Defense Authorization Act of 1991 (Public Law 101-510; 10 U.S.C. 2687
note) shall be available until expended for the payments specified by
section 2921(c)(2) of that Act.
Sec. 8029. (a) Notwithstanding any other provision of law, the
Secretary of the Air Force may convey at no cost to the Air Force,
without consideration, to Indian tribes located in the States of
Nevada, Idaho, North Dakota, South Dakota, Montana, Oregon, Minnesota,
and Washington relocatable military housing units located at Grand
Forks Air Force Base, Malmstrom Air Force Base, Mountain Home Air Force
Base, Ellsworth Air Force Base, and Minot Air Force Base that are
excess to the needs of the Air Force.
(b) The Secretary of the Air Force shall convey, at no cost to the
Air Force, military housing units under subsection (a) in accordance
with the request for such units that are submitted to the Secretary by
the Operation Walking Shield Program on behalf of Indian tribes located
in the States of Nevada, Idaho, North Dakota, South Dakota, Montana,
Oregon, Minnesota, and Washington. Any such conveyance shall be subject
to the condition that the housing units shall be removed within a
reasonable period of time, as determined by the Secretary.
(c) The Operation Walking Shield Program shall resolve any
conflicts among requests of Indian tribes for housing units under
subsection (a) before submitting requests to the Secretary of the Air
Force under subsection (b).
(d) In this section, the term ``Indian tribe'' means any recognized
Indian tribe included on the current list published by the Secretary of
the Interior under section 104 of the Federally Recognized Indian Tribe
Act of 1994 (Public Law 103-454; 108 Stat. 4792; 25 U.S.C. 479a-1).
Sec. 8030. During the current fiscal year, appropriations which
are available to the Department of Defense for operation and
maintenance may be used to purchase items having an investment item
unit cost of not more than $250,000.
Sec. 8031. (a) During the current fiscal year, none of the
appropriations or funds available to the Department of Defense Working
Capital Funds shall be used for the purchase of an investment item for
the purpose of acquiring a new inventory item for sale or anticipated
sale during the current fiscal year or a subsequent fiscal year to
customers of the Department of Defense Working Capital Funds if such an
item would not have been chargeable to the Department of Defense
Business Operations Fund during fiscal year 1994 and if the purchase of
such an investment item would be chargeable during the current fiscal
year to appropriations made to the Department of Defense for
procurement.
(b) The fiscal year 2013 budget request for the Department of
Defense as well as all justification material and other documentation
supporting the fiscal year 2013 Department of Defense budget shall be
prepared and submitted to the Congress on the basis that any equipment
which was classified as an end item and funded in a procurement
appropriation contained in this Act shall be budgeted for in a proposed
fiscal year 2013 procurement appropriation and not in the supply
management business area or any other area or category of the
Department of Defense Working Capital Funds.
Sec. 8032. None of the funds appropriated by this Act for programs
of the Central Intelligence Agency shall remain available for
obligation beyond the current fiscal year, except for funds
appropriated for the Reserve for Contingencies, which shall remain
available until September 30, 2013: Provided, That funds appropriated,
transferred, or otherwise credited to the Central Intelligence Agency
Central Services Working Capital Fund during this or any prior or
subsequent fiscal year shall remain available until expended: Provided
further, That any funds appropriated or transferred to the Central
Intelligence Agency for advanced research and development acquisition,
for agent operations, and for covert action programs authorized by the
President under section 503 of the National Security Act of 1947, as
amended, shall remain available until September 30, 2013.
Sec. 8033. Notwithstanding any other provision of law, funds made
available in this Act for the Defense Intelligence Agency may be used
for the design, development, and deployment of General Defense
Intelligence Program intelligence communications and intelligence
information systems for the Services, the Unified and Specified
Commands, and the component commands.
Sec. 8034. Of the funds appropriated to the Department of Defense
under the heading ``Operation and Maintenance, Defense-Wide'', not less
than $12,000,000 shall be made available only for the mitigation of
environmental impacts, including training and technical assistance to
tribes, related administrative support, the gathering of information,
documenting of environmental damage, and developing a system for
prioritization of mitigation and cost to complete estimates for
mitigation, on Indian lands resulting from Department of Defense
activities.
Sec. 8035. (a) None of the funds appropriated in this Act may be
expended by an entity of the Department of Defense unless the entity,
in expending the funds, complies with the Buy American Act. For
purposes of this subsection, the term ``Buy American Act'' means
chapter 83 of title 41, United States Code.
(b) If the Secretary of Defense determines that a person has been
convicted of intentionally affixing a label bearing a ``Made in
America'' inscription to any product sold in or shipped to the United
States that is not made in America, the Secretary shall determine, in
accordance with section 2410f of title 10, United States Code, whether
the person should be debarred from contracting with the Department of
Defense.
(c) In the case of any equipment or products purchased with
appropriations provided under this Act, it is the sense of the Congress
that any entity of the Department of Defense, in expending the
appropriation, purchase only American-made equipment and products,
provided that American-made equipment and products are cost-
competitive, quality competitive, and available in a timely fashion.
Sec. 8036. None of the funds appropriated by this Act shall be
available for a contract for studies, analysis, or consulting services
entered into without competition on the basis of an unsolicited
proposal unless the head of the activity responsible for the
procurement determines--
(1) as a result of thorough technical evaluation, only one
source is found fully qualified to perform the proposed work;
(2) the purpose of the contract is to explore an unsolicited
proposal which offers significant scientific or technological
promise, represents the product of original thinking, and was
submitted in confidence by one source; or
(3) the purpose of the contract is to take advantage of unique
and significant industrial accomplishment by a specific concern, or
to insure that a new product or idea of a specific concern is given
financial support: Provided, That this limitation shall not apply
to contracts in an amount of less than $25,000, contracts related
to improvements of equipment that is in development or production,
or contracts as to which a civilian official of the Department of
Defense, who has been confirmed by the Senate, determines that the
award of such contract is in the interest of the national defense.
Sec. 8037. (a) Except as provided in subsections (b) and (c), none
of the funds made available by this Act may be used--
(1) to establish a field operating agency; or
(2) to pay the basic pay of a member of the Armed Forces or
civilian employee of the department who is transferred or
reassigned from a headquarters activity if the member or employee's
place of duty remains at the location of that headquarters.
(b) The Secretary of Defense or Secretary of a military department
may waive the limitations in subsection (a), on a case-by-case basis,
if the Secretary determines, and certifies to the Committees on
Appropriations of the House of Representatives and Senate that the
granting of the waiver will reduce the personnel requirements or the
financial requirements of the department.
(c) This section does not apply to--
(1) field operating agencies funded within the National
Intelligence Program;
(2) an Army field operating agency established to eliminate,
mitigate, or counter the effects of improvised explosive devices,
and, as determined by the Secretary of the Army, other similar
threats; or
(3) an Army field operating agency established to improve the
effectiveness and efficiencies of biometric activities and to
integrate common biometric technologies throughout the Department
of Defense.
Sec. 8038. The Secretary of Defense, notwithstanding any other
provision of law, acting through the Office of Economic Adjustment of
the Department of Defense, may use funds made available in this Act
under the heading ``Operation and Maintenance, Defense-Wide'' to make
grants and supplement other Federal funds in accordance with the
guidance provided in the explanatory statement regarding this Act.
Sec. 8039. (a) None of the funds appropriated by this Act shall be
available to convert to contractor performance an activity or function
of the Department of Defense that, on or after the date of the
enactment of this Act, is performed by Department of Defense civilian
employees unless--
(1) the conversion is based on the result of a public-private
competition that includes a most efficient and cost effective
organization plan developed by such activity or function;
(2) the Competitive Sourcing Official determines that, over all
performance periods stated in the solicitation of offers for
performance of the activity or function, the cost of performance of
the activity or function by a contractor would be less costly to
the Department of Defense by an amount that equals or exceeds the
lesser of--
(A) 10 percent of the most efficient organization's
personnel-related costs for performance of that activity or
function by Federal employees; or
(B) $10,000,000; and
(3) the contractor does not receive an advantage for a proposal
that would reduce costs for the Department of Defense by--
(A) not making an employer-sponsored health insurance plan
available to the workers who are to be employed in the
performance of that activity or function under the contract; or
(B) offering to such workers an employer-sponsored health
benefits plan that requires the employer to contribute less
towards the premium or subscription share than the amount that
is paid by the Department of Defense for health benefits for
civilian employees under chapter 89 of title 5, United States
Code.
(b)(1) The Department of Defense, without regard to subsection (a)
of this section or subsection (a), (b), or (c) of section 2461 of title
10, United States Code, and notwithstanding any administrative
regulation, requirement, or policy to the contrary shall have full
authority to enter into a contract for the performance of any
commercial or industrial type function of the Department of Defense
that--
(A) is included on the procurement list established
pursuant to section 2 of the Javits-Wagner-O'Day Act (section
8503 of title 41, United States Code);
(B) is planned to be converted to performance by a
qualified nonprofit agency for the blind or by a qualified
nonprofit agency for other severely handicapped individuals in
accordance with that Act; or
(C) is planned to be converted to performance by a
qualified firm under at least 51 percent ownership by an Indian
tribe, as defined in section 4(e) of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 450b(e)),
or a Native Hawaiian Organization, as defined in section
8(a)(15) of the Small Business Act (15 U.S.C. 637(a)(15)).
(2) This section shall not apply to depot contracts or
contracts for depot maintenance as provided in sections 2469 and
2474 of title 10, United States Code.
(c) The conversion of any activity or function of the Department of
Defense under the authority provided by this section shall be credited
toward any competitive or outsourcing goal, target, or measurement that
may be established by statute, regulation, or policy and is deemed to
be awarded under the authority of, and in compliance with, subsection
(h) of section 2304 of title 10, United States Code, for the
competition or outsourcing of commercial activities.
(rescissions)
Sec. 8040. Of the funds appropriated in Department of Defense
Appropriations Acts, the following funds are hereby rescinded from the
following accounts and programs in the specified amounts:
``National Defense Sealift Fund, 2002/XXXX'', $20,444,000;
``National Defense Sealift Fund, 2003/XXXX'', $8,500,000;
``National Defense Sealift Fund, 2004/XXXX'', $6,500,000;
``Aircraft Procurement, Army, 2010/2012'', $5,100,000;
``Procurement of Weapons and Tracked Combat Vehicles, Army,
2010/2012'', $4,353,000;
``Procurement of Ammunition, Army, 2010/2012'', $21,674,000;
``Other Procurement, Army, 2010/2012'', $58,647,000;
``Aircraft Procurement, Navy, 2010/2012'', $90,000,000;
``Aircraft Procurement, Air Force, 2010/2012'', $32,897,000;
``Missile Procurement, Air Force, 2010/2012'', $3,889,000;
``Other Procurement, Air Force, 2010/2012'', $12,200,000;
``Procurement, Defense-Wide, 2010/2012'', $716,000;
``Aircraft Procurement, Army, 2011/2013'', $21,500,000;
``Missile Procurement, Army, 2011/2013'', $99,800,000;
``Procurement of Weapons and Tracked Combat Vehicles, Army,
2011/2013'', $18,834,000;
``Procurement of Ammunition, Army, 2011/2013'', $15,000,000;
``Other Procurement, Army, 2011/2013'', $438,436,000;
``Aircraft Procurement, Navy, 2011/2013'', $78,000,000;
``Weapons Procurement, Navy, 2011/2013'', $34,276,000;
``Procurement of Ammunition, Navy and Marine Corps, 2011/
2013'', $28,262,000;
``Other Procurement, Navy, 2011/2013'', $59,598,000;
Under the heading, ``Shipbuilding and Conversion, Navy, 2011/
2015'': Littoral Combat Ship Advance Procurement: $110,351,000;
``Aircraft Procurement, Air Force, 2011/2013'', $220,213,000;
``Missile Procurement, Air Force, 2011/2013'', $193,900,000;
``Other Procurement, Air Force, 2011/2013'', $52,868,000;
``Procurement, Defense-Wide, 2011/2013'', $4,312,000;
``Research, Development, Test and Evaluation, Army, 2011/
2012'', $356,625,000;
``Research, Development, Test and Evaluation, Navy, 2011/
2012'', $65,687,000;
``Research, Development, Test and Evaluation, Air Force, 2011/
2012'', $258,094,000;
``Research, Development, Test and Evaluation, Defense-Wide,
2011/2012'', $254,284,000;
``Defense Health Program, 2011/2012'', $257,000:
Provided, That the funds rescinded from the National Defense
Sealift accounts are those described under the heading ``National
Defense Sealift Fund'' in Public Law 107-117, Public Law 107-248,
and Public Law 108-87, or for the purposes described in section 115
of division H of Public Law 108-199, as amended by section 1017 of
division A of Public Law 109-13.
Sec. 8041. None of the funds available in this Act may be used to
reduce the authorized positions for military technicians (dual status)
of the Army National Guard, Air National Guard, Army Reserve and Air
Force Reserve for the purpose of applying any administratively imposed
civilian personnel ceiling, freeze, or reduction on military
technicians (dual status), unless such reductions are a direct result
of a reduction in military force structure.
Sec. 8042. None of the funds appropriated or otherwise made
available in this Act may be obligated or expended for assistance to
the Democratic People's Republic of Korea unless specifically
appropriated for that purpose.
Sec. 8043. Funds appropriated in this Act for operation and
maintenance of the Military Departments, Combatant Commands and Defense
Agencies shall be available for reimbursement of pay, allowances and
other expenses which would otherwise be incurred against appropriations
for the National Guard and Reserve when members of the National Guard
and Reserve provide intelligence or counterintelligence support to
Combatant Commands, Defense Agencies and Joint Intelligence Activities,
including the activities and programs included within the National
Intelligence Program and the Military Intelligence Program: Provided,
That nothing in this section authorizes deviation from established
Reserve and National Guard personnel and training procedures.
Sec. 8044. During the current fiscal year, none of the funds
appropriated in this Act may be used to reduce the civilian medical and
medical support personnel assigned to military treatment facilities
below the September 30, 2003, level: Provided, That the Service
Surgeons General may waive this section by certifying to the
congressional defense committees that the beneficiary population is
declining in some catchment areas and civilian strength reductions may
be consistent with responsible resource stewardship and capitation-
based budgeting.
Sec. 8045. (a) None of the funds available to the Department of
Defense for any fiscal year for drug interdiction or counter-drug
activities may be transferred to any other department or agency of the
United States except as specifically provided in an appropriations law.
(b) None of the funds available to the Central Intelligence Agency
for any fiscal year for drug interdiction and counter-drug activities
may be transferred to any other department or agency of the United
States except as specifically provided in an appropriations law.
Sec. 8046. None of the funds appropriated by this Act may be used
for the procurement of ball and roller bearings other than those
produced by a domestic source and of domestic origin: Provided, That
the Secretary of the military department responsible for such
procurement may waive this restriction on a case-by-case basis by
certifying in writing to the Committees on Appropriations of the House
of Representatives and the Senate, that adequate domestic supplies are
not available to meet Department of Defense requirements on a timely
basis and that such an acquisition must be made in order to acquire
capability for national security purposes: Provided further, That this
restriction shall not apply to the purchase of ``commercial items'', as
defined by section 4(12) of the Office of Federal Procurement Policy
Act, except that the restriction shall apply to ball or roller bearings
purchased as end items.
Sec. 8047. None of the funds in this Act may be used to purchase
any supercomputer which is not manufactured in the United States,
unless the Secretary of Defense certifies to the congressional defense
committees that such an acquisition must be made in order to acquire
capability for national security purposes that is not available from
United States manufacturers.
Sec. 8048. None of the funds made available in this or any other
Act may be used to pay the salary of any officer or employee of the
Department of Defense who approves or implements the transfer of
administrative responsibilities or budgetary resources of any program,
project, or activity financed by this Act to the jurisdiction of
another Federal agency not financed by this Act without the express
authorization of Congress: Provided, That this limitation shall not
apply to transfers of funds expressly provided for in Defense
Appropriations Acts, or provisions of Acts providing supplemental
appropriations for the Department of Defense.
Sec. 8049. (a) Notwithstanding any other provision of law, none of
the funds available to the Department of Defense for the current fiscal
year may be obligated or expended to transfer to another nation or an
international organization any defense articles or services (other than
intelligence services) for use in the activities described in
subsection (b) unless the congressional defense committees, the
Committee on Foreign Affairs of the House of Representatives, and the
Committee on Foreign Relations of the Senate are notified 15 days in
advance of such transfer.
(b) This section applies to--
(1) any international peacekeeping or peace-enforcement
operation under the authority of chapter VI or chapter VII of the
United Nations Charter under the authority of a United Nations
Security Council resolution; and
(2) any other international peacekeeping, peace-enforcement, or
humanitarian assistance operation.
(c) A notice under subsection (a) shall include the following:
(1) A description of the equipment, supplies, or services to be
transferred.
(2) A statement of the value of the equipment, supplies, or
services to be transferred.
(3) In the case of a proposed transfer of equipment or
supplies--
(A) a statement of whether the inventory requirements of
all elements of the Armed Forces (including the reserve
components) for the type of equipment or supplies to be
transferred have been met; and
(B) a statement of whether the items proposed to be
transferred will have to be replaced and, if so, how the
President proposes to provide funds for such replacement.
Sec. 8050. None of the funds available to the Department of
Defense under this Act shall be obligated or expended to pay a
contractor under a contract with the Department of Defense for costs of
any amount paid by the contractor to an employee when--
(1) such costs are for a bonus or otherwise in excess of the
normal salary paid by the contractor to the employee; and
(2) such bonus is part of restructuring costs associated with a
business combination.
(including transfer of funds)
Sec. 8051. During the current fiscal year, no more than
$30,000,000 of appropriations made in this Act under the heading
``Operation and Maintenance, Defense-Wide'' may be transferred to
appropriations available for the pay of military personnel, to be
merged with, and to be available for the same time period as the
appropriations to which transferred, to be used in support of such
personnel in connection with support and services for eligible
organizations and activities outside the Department of Defense pursuant
to section 2012 of title 10, United States Code.
Sec. 8052. During the current fiscal year, in the case of an
appropriation account of the Department of Defense for which the period
of availability for obligation has expired or which has closed under
the provisions of section 1552 of title 31, United States Code, and
which has a negative unliquidated or unexpended balance, an obligation
or an adjustment of an obligation may be charged to any current
appropriation account for the same purpose as the expired or closed
account if--
(1) the obligation would have been properly chargeable (except
as to amount) to the expired or closed account before the end of
the period of availability or closing of that account;
(2) the obligation is not otherwise properly chargeable to any
current appropriation account of the Department of Defense; and
(3) in the case of an expired account, the obligation is not
chargeable to a current appropriation of the Department of Defense
under the provisions of section 1405(b)(8) of the National Defense
Authorization Act for Fiscal Year 1991, Public Law 101-510, as
amended (31 U.S.C. 1551 note): Provided, That in the case of an
expired account, if subsequent review or investigation discloses
that there was not in fact a negative unliquidated or unexpended
balance in the account, any charge to a current account under the
authority of this section shall be reversed and recorded against
the expired account: Provided further, That the total amount
charged to a current appropriation under this section may not
exceed an amount equal to 1 percent of the total appropriation for
that account.
Sec. 8053. (a) Notwithstanding any other provision of law, the
Chief of the National Guard Bureau may permit the use of equipment of
the National Guard Distance Learning Project by any person or entity on
a space-available, reimbursable basis. The Chief of the National Guard
Bureau shall establish the amount of reimbursement for such use on a
case-by-case basis.
(b) Amounts collected under subsection (a) shall be credited to
funds available for the National Guard Distance Learning Project and be
available to defray the costs associated with the use of equipment of
the project under that subsection. Such funds shall be available for
such purposes without fiscal year limitation.
Sec. 8054. Using funds made available by this Act or any other
Act, the Secretary of the Air Force, pursuant to a determination under
section 2690 of title 10, United States Code, may implement cost-
effective agreements for required heating facility modernization in the
Kaiserslautern Military Community in the Federal Republic of Germany:
Provided, That in the City of Kaiserslautern and at the Rhine Ordnance
Barracks area, such agreements will include the use of United States
anthracite as the base load energy for municipal district heat to the
United States Defense installations: Provided further, That at
Landstuhl Army Regional Medical Center and Ramstein Air Base, furnished
heat may be obtained from private, regional or municipal services, if
provisions are included for the consideration of United States coal as
an energy source.
Sec. 8055. None of the funds appropriated in title IV of this Act
may be used to procure end-items for delivery to military forces for
operational training, operational use or inventory requirements:
Provided, That this restriction does not apply to end-items used in
development, prototyping, and test activities preceding and leading to
acceptance for operational use: Provided further, That this
restriction does not apply to programs funded within the National
Intelligence Program: Provided further, That the Secretary of Defense
may waive this restriction on a case-by-case basis by certifying in
writing to the Committees on Appropriations of the House of
Representatives and the Senate that it is in the national security
interest to do so.
Sec. 8056. None of the funds made available in this Act may be
used to approve or license the sale of the F-22A advanced tactical
fighter to any foreign government: Provided, That the Department of
Defense may conduct or participate in studies, research, design and
other activities to define and develop a future export version of the
F-22A that protects classified and sensitive information, technologies
and U.S. warfighting capabilities.
Sec. 8057. (a) The Secretary of Defense may, on a case-by-case
basis, waive with respect to a foreign country each limitation on the
procurement of defense items from foreign sources provided in law if
the Secretary determines that the application of the limitation with
respect to that country would invalidate cooperative programs entered
into between the Department of Defense and the foreign country, or
would invalidate reciprocal trade agreements for the procurement of
defense items entered into under section 2531 of title 10, United
States Code, and the country does not discriminate against the same or
similar defense items produced in the United States for that country.
(b) Subsection (a) applies with respect to--
(1) contracts and subcontracts entered into on or after the
date of the enactment of this Act; and
(2) options for the procurement of items that are exercised
after such date under contracts that are entered into before such
date if the option prices are adjusted for any reason other than
the application of a waiver granted under subsection (a).
(c) Subsection (a) does not apply to a limitation regarding
construction of public vessels, ball and roller bearings, food, and
clothing or textile materials as defined by section 11 (chapters 50-65)
of the Harmonized Tariff Schedule and products classified under
headings 4010, 4202, 4203, 6401 through 6406, 6505, 7019, 7218 through
7229, 7304.41 through 7304.49, 7306.40, 7502 through 7508, 8105, 8108,
8109, 8211, 8215, and 9404.
Sec. 8058. (a) None of the funds made available by this Act may be
used to support any training program involving a unit of the security
forces or police of a foreign country if the Secretary of Defense has
received credible information from the Department of State that the
unit has committed a gross violation of human rights, unless all
necessary corrective steps have been taken.
(b) The Secretary of Defense, in consultation with the Secretary of
State, shall ensure that prior to a decision to conduct any training
program referred to in subsection (a), full consideration is given to
all credible information available to the Department of State relating
to human rights violations by foreign security forces.
(c) The Secretary of Defense, after consultation with the Secretary
of State, may waive the prohibition in subsection (a) if he determines
that such waiver is required by extraordinary circumstances.
(d) Not more than 15 days after the exercise of any waiver under
subsection (c), the Secretary of Defense shall submit a report to the
congressional defense committees describing the extraordinary
circumstances, the purpose and duration of the training program, the
United States forces and the foreign security forces involved in the
training program, and the information relating to human rights
violations that necessitates the waiver.
Sec. 8059. None of the funds appropriated or otherwise made
available by this or other Department of Defense Appropriations Acts
may be obligated or expended for the purpose of performing repairs or
maintenance to military family housing units of the Department of
Defense, including areas in such military family housing units that may
be used for the purpose of conducting official Department of Defense
business.
Sec. 8060. Notwithstanding any other provision of law, funds
appropriated in this Act under the heading ``Research, Development,
Test and Evaluation, Defense-Wide'' for any new start advanced concept
technology demonstration project or joint capability demonstration
project may only be obligated 45 days after a report, including a
description of the project, the planned acquisition and transition
strategy and its estimated annual and total cost, has been provided in
writing to the congressional defense committees: Provided, That the
Secretary of Defense may waive this restriction on a case-by-case basis
by certifying to the congressional defense committees that it is in the
national interest to do so.
Sec. 8061. The Secretary of Defense shall provide a classified
quarterly report beginning 30 days after enactment of this Act, to the
House and Senate Appropriations Committees, Subcommittees on Defense on
certain matters as directed in the classified annex accompanying this
Act.
Sec. 8062. During the current fiscal year, none of the funds
available to the Department of Defense may be used to provide support
to another department or agency of the United States if such department
or agency is more than 90 days in arrears in making payment to the
Department of Defense for goods or services previously provided to such
department or agency on a reimbursable basis: Provided, That this
restriction shall not apply if the department is authorized by law to
provide support to such department or agency on a nonreimbursable
basis, and is providing the requested support pursuant to such
authority: Provided further, That the Secretary of Defense may waive
this restriction on a case-by-case basis by certifying in writing to
the Committees on Appropriations of the House of Representatives and
the Senate that it is in the national security interest to do so.
Sec. 8063. Notwithstanding section 12310(b) of title 10, United
States Code, a Reserve who is a member of the National Guard serving on
full-time National Guard duty under section 502(f) of title 32, United
States Code, may perform duties in support of the ground-based elements
of the National Ballistic Missile Defense System.
Sec. 8064. None of the funds provided in this Act may be used to
transfer to any nongovernmental entity ammunition held by the
Department of Defense that has a center-fire cartridge and a United
States military nomenclature designation of ``armor penetrator'',
``armor piercing (AP)'', ``armor piercing incendiary (API)'', or
``armor-piercing incendiary tracer (API-T)'', except to an entity
performing demilitarization services for the Department of Defense
under a contract that requires the entity to demonstrate to the
satisfaction of the Department of Defense that armor piercing
projectiles are either: (1) rendered incapable of reuse by the
demilitarization process; or (2) used to manufacture ammunition
pursuant to a contract with the Department of Defense or the
manufacture of ammunition for export pursuant to a License for
Permanent Export of Unclassified Military Articles issued by the
Department of State.
Sec. 8065. Notwithstanding any other provision of law, the Chief
of the National Guard Bureau, or his designee, may waive payment of all
or part of the consideration that otherwise would be required under
section 2667 of title 10, United States Code, in the case of a lease of
personal property for a period not in excess of 1 year to any
organization specified in section 508(d) of title 32, United States
Code, or any other youth, social, or fraternal nonprofit organization
as may be approved by the Chief of the National Guard Bureau, or his
designee, on a case-by-case basis.
Sec. 8066. None of the funds appropriated by this Act shall be
used for the support of any nonappropriated funds activity of the
Department of Defense that procures malt beverages and wine with
nonappropriated funds for resale (including such alcoholic beverages
sold by the drink) on a military installation located in the United
States unless such malt beverages and wine are procured within that
State, or in the case of the District of Columbia, within the District
of Columbia, in which the military installation is located: Provided,
That in a case in which the military installation is located in more
than one State, purchases may be made in any State in which the
installation is located: Provided further, That such local procurement
requirements for malt beverages and wine shall apply to all alcoholic
beverages only for military installations in States which are not
contiguous with another State: Provided further, That alcoholic
beverages other than wine and malt beverages, in contiguous States and
the District of Columbia shall be procured from the most competitive
source, price and other factors considered.
(including transfer of funds)
Sec. 8067. Of the amounts appropriated in this Act under the
heading ``Operation and Maintenance, Army'', $124,493,000 shall remain
available until expended: Provided, That notwithstanding any other
provision of law, the Secretary of Defense is authorized to transfer
such funds to other activities of the Federal Government: Provided
further, That the Secretary of Defense is authorized to enter into and
carry out contracts for the acquisition of real property, construction,
personal services, and operations related to projects carrying out the
purposes of this section: Provided further, That contracts entered
into under the authority of this section may provide for such
indemnification as the Secretary determines to be necessary: Provided
further, That projects authorized by this section shall comply with
applicable Federal, State, and local law to the maximum extent
consistent with the national security, as determined by the Secretary
of Defense.
Sec. 8068. Section 8106 of the Department of Defense
Appropriations Act, 1997 (titles I through VIII of the matter under
subsection 101(b) of Public Law 104-208; 110 Stat. 3009-111; 10 U.S.C.
113 note) shall continue in effect to apply to disbursements that are
made by the Department of Defense in fiscal year 2012.
Sec. 8069. In addition to amounts provided elsewhere in this Act,
$4,000,000 is hereby appropriated to the Department of Defense, to
remain available for obligation until expended: Provided, That
notwithstanding any other provision of law, that upon the determination
of the Secretary of Defense that it shall serve the national interest,
these funds shall be available only for a grant to the Fisher House
Foundation, Inc., only for the construction and furnishing of
additional Fisher Houses to meet the needs of military family members
when confronted with the illness or hospitalization of an eligible
military beneficiary.
Sec. 8070. (a) In General.--Subchapter I of chapter 88 of title 10,
United States Code, is amended by adding the following new section at
its end--
``Sec. 1790. MILITARY PERSONNEL CITIZENSHIP PROCESSING
``Authorization of Payments.--Using funds provided for operation
and maintenance and notwithstanding section 2215 of title 10, United
States Code, the Secretary of Defense may reimburse the Secretary of
Homeland Security for costs associated with the processing and
adjudication by the United States Citizenship and Immigration Services
(USCIS) of applications for naturalization described in sections
328(b)(4) and 329(b)(4) of the Immigration and Nationality Act (8
U.S.C. Sec. Sec. 1439(b)(4) and 1440(b)(4)). Such reimbursements shall
be deposited and remain available as provided by sections 286(m) and
(n) of such Act (8 U.S.C. Sec. 1356(m)). Such reimbursements shall be
based on actual costs incurred by USCIS for processing applications for
naturalization, and shall not exceed $7,500,000 per fiscal year.''.
(b) Clerical Amendment.--The table of sections at the beginning of
subchapter I of chapter 88 of title 10, United States Code, is amended
by inserting after the item relating to section 1789 the following new
item:
``1790. Military personnel citizenship processing.''.
(including transfer of funds)
Sec. 8071. Of the amounts appropriated in this Act under the
heading ``Research, Development, Test and Evaluation, Defense-Wide'',
$235,700,000 shall be for the Israeli Cooperative Programs: Provided,
That of this amount, $110,525,000 shall be for the Short Range
Ballistic Missile Defense (SRBMD) program, including cruise missile
defense research and development under the SRBMD program, of which
$15,000,000 shall be for production activities of SRBMD missiles in the
United States and in Israel to meet Israel's defense requirements
consistent with each nation's laws, regulations, and procedures,
$66,220,000 shall be available for an upper-tier component to the
Israeli Missile Defense Architecture, and $58,955,000 shall be for the
Arrow System Improvement Program including development of a long range,
ground and airborne, detection suite: Provided further, That funds
made available under this provision for production of missiles and
missile components may be transferred to appropriations available for
the procurement of weapons and equipment, to be merged with and to be
available for the same time period and the same purposes as the
appropriation to which transferred: Provided further, That the
transfer authority provided under this provision is in addition to any
other transfer authority contained in this Act.
Sec. 8072. (a) None of the funds available to the Department of
Defense may be obligated to modify command and control relationships to
give Fleet Forces Command operational and administrative control of
U.S. Navy forces assigned to the Pacific fleet.
(b) None of the funds available to the Department of Defense may be
obligated to modify command and control relationships to give United
States Transportation Command operational and administrative control of
C-130 and KC-135 forces assigned to the Pacific and European Air Force
Commands.
(c) The command and control relationships in subsections (a) and
(b) which existed on March 13, 2011, shall remain in force unless
changes are specifically authorized in a subsequent Act.
(including transfer of funds)
Sec. 8073. Of the amounts appropriated in this Act under the
heading ``Shipbuilding and Conversion, Navy'', $73,992,000 shall be
available until September 30, 2012, to fund prior year shipbuilding
cost increases: Provided, That upon enactment of this Act, the
Secretary of the Navy shall transfer funds to the following
appropriations in the amounts specified: Provided further, That the
amounts transferred shall be merged with and be available for the same
purposes as the appropriations to which transferred to:
(1) Under the heading ``Shipbuilding and Conversion, Navy,
2005/2012'': LPD-17 Amphibious Transport Dock Program $18,627,000;
(2) Under the heading ``Shipbuilding and Conversion, Navy,
2006/2012'': LPD-17 Amphibious Transport Dock Program $23,437,000;
and
(3) Under the heading ``Shipbuilding and Conversion, Navy,
2008/2012'': LPD-17 Amphibious Transport Dock Program $31,928,000.
(including transfer of funds)
Sec. 8074. (a) Of the amounts appropriated in title IV of this Act
under the heading ``Research, Development, Test and Evaluation, Army'',
for Budget Activities 4, 5 and 7, $50,000,000 shall be transferred to
Program Element 0605601A: Provided, That no funds may be transferred
until 30 days after the Secretary of the Army provides to the
congressional defense committees a report including the details of any
such transfer: Provided further, That the transfer authority provided
under this provision is in addition to any other transfer authority
contained in this Act.
(b) Of the amounts appropriated in title IV of this Act under the
heading ``Research, Development, Test and Evaluation, Air Force'', for
Budget Activities 4, 5 and 7, $34,000,000 shall be transferred to
Program Element 0605807F: Provided, That no funds may be transferred
until 30 days after the Secretary of the Air Force provides to the
congressional defense committees a report including the details of any
such transfer: Provided further, That the transfer authority provided
under this provision is in addition to any other transfer authority
contained in this Act.
Sec. 8075. Funds appropriated by this Act, or made available by
the transfer of funds in this Act, for intelligence activities are
deemed to be specifically authorized by the Congress for purposes of
section 504 of the National Security Act of 1947 (50 U.S.C. 414) during
fiscal year 2012 until the enactment of the Intelligence Authorization
Act for Fiscal Year 2012.
Sec. 8076. None of the funds provided in this Act shall be
available for obligation or expenditure through a reprogramming of
funds that creates or initiates a new program, project, or activity
unless such program, project, or activity must be undertaken
immediately in the interest of national security and only after written
prior notification to the congressional defense committees.
Sec. 8077. The budget of the President for fiscal year 2013
submitted to the Congress pursuant to section 1105 of title 31, United
States Code, shall include separate budget justification documents for
costs of United States Armed Forces' participation in contingency
operations for the Military Personnel accounts, the Operation and
Maintenance accounts, and the Procurement accounts: Provided, That
these documents shall include a description of the funding requested
for each contingency operation, for each military service, to include
all Active and Reserve components, and for each appropriations account:
Provided further, That these documents shall include estimated costs
for each element of expense or object class, a reconciliation of
increases and decreases for each contingency operation, and
programmatic data including, but not limited to, troop strength for
each Active and Reserve component, and estimates of the major weapons
systems deployed in support of each contingency: Provided further,
That these documents shall include budget exhibits OP-5 and OP-32 (as
defined in the Department of Defense Financial Management Regulation)
for all contingency operations for the budget year and the two
preceding fiscal years.
Sec. 8078. None of the funds in this Act may be used for research,
development, test, evaluation, procurement or deployment of nuclear
armed interceptors of a missile defense system.
(including transfer of funds)
Sec. 8079. In addition to the amounts appropriated or otherwise
made available elsewhere in this Act, $44,000,000 is hereby
appropriated to the Department of Defense: Provided, That upon the
determination of the Secretary of Defense that it shall serve the
national interest, he shall make grants in the amounts specified as
follows: $20,000,000 to the United Service Organizations and
$24,000,000 to the Red Cross.
Sec. 8080. None of the funds appropriated or made available in
this Act shall be used to reduce or disestablish the operation of the
53rd Weather Reconnaissance Squadron of the Air Force Reserve, if such
action would reduce the WC-130 Weather Reconnaissance mission below the
levels funded in this Act: Provided, That the Air Force shall allow
the 53rd Weather Reconnaissance Squadron to perform other missions in
support of national defense requirements during the non-hurricane
season.
Sec. 8081. None of the funds provided in this Act shall be
available for integration of foreign intelligence information unless
the information has been lawfully collected and processed during the
conduct of authorized foreign intelligence activities: Provided, That
information pertaining to United States persons shall only be handled
in accordance with protections provided in the Fourth Amendment of the
United States Constitution as implemented through Executive Order No.
12333.
Sec. 8082. (a) At the time members of reserve components of the
Armed Forces are called or ordered to active duty under section
12302(a) of title 10, United States Code, each member shall be notified
in writing of the expected period during which the member will be
mobilized.
(b) The Secretary of Defense may waive the requirements of
subsection (a) in any case in which the Secretary determines that it is
necessary to do so to respond to a national security emergency or to
meet dire operational requirements of the Armed Forces.
(including transfer of funds)
Sec. 8083. The Secretary of Defense may transfer funds from any
available Department of the Navy appropriation to any available Navy
ship construction appropriation for the purpose of liquidating
necessary changes resulting from inflation, market fluctuations, or
rate adjustments for any ship construction program appropriated in law:
Provided, That the Secretary may transfer not to exceed $100,000,000
under the authority provided by this section: Provided further, That
the Secretary may not transfer any funds until 30 days after the
proposed transfer has been reported to the Committees on Appropriations
of the House of Representatives and the Senate, unless a response from
the Committees is received sooner: Provided further, That any funds
transferred pursuant to this section shall retain the same period of
availability as when originally appropriated: Provided further, That
the transfer authority provided by this section is in addition to any
other transfer authority contained elsewhere in this Act.
Sec. 8084. For purposes of section 7108 of title 41, United States
Code, any subdivision of appropriations made under the heading
``Shipbuilding and Conversion, Navy'' that is not closed at the time
reimbursement is made shall be available to reimburse the Judgment Fund
and shall be considered for the same purposes as any subdivision under
the heading ``Shipbuilding and Conversion, Navy'' appropriations in the
current fiscal year or any prior fiscal year.
Sec. 8085. (a) None of the funds appropriated by this Act may be
used to transfer research and development, acquisition, or other
program authority relating to current tactical unmanned aerial vehicles
(TUAVs) from the Army.
(b) The Army shall retain responsibility for and operational
control of the MQ-1C Sky Warrior Unmanned Aerial Vehicle (UAV) in order
to support the Secretary of Defense in matters relating to the
employment of unmanned aerial vehicles.
Sec. 8086. Up to $15,000,000 of the funds appropriated under the
heading ``Operation and Maintenance, Navy'' may be made available for
the Asia Pacific Regional Initiative Program for the purpose of
enabling the Pacific Command to execute Theater Security Cooperation
activities such as humanitarian assistance, and payment of incremental
and personnel costs of training and exercising with foreign security
forces: Provided, That funds made available for this purpose may be
used, notwithstanding any other funding authorities for humanitarian
assistance, security assistance or combined exercise expenses:
Provided further, That funds may not be obligated to provide assistance
to any foreign country that is otherwise prohibited from receiving such
type of assistance under any other provision of law.
Sec. 8087. None of the funds appropriated by this Act for programs
of the Office of the Director of National Intelligence shall remain
available for obligation beyond the current fiscal year, except for
funds appropriated for research and technology, which shall remain
available until September 30, 2013.
Sec. 8088. For purposes of section 1553(b) of title 31, United
States Code, any subdivision of appropriations made in this Act under
the heading ``Shipbuilding and Conversion, Navy'' shall be considered
to be for the same purpose as any subdivision under the heading
``Shipbuilding and Conversion, Navy'' appropriations in any prior
fiscal year, and the 1 percent limitation shall apply to the total
amount of the appropriation.
(including transfer of funds)
Sec. 8089. During the current fiscal year, not to exceed
$200,000,000 from funds available under ``Operation and Maintenance,
Defense-Wide'' may be transferred to the Department of State ``Global
Security Contingency Fund'': Provided, That this transfer authority is
in addition to any other transfer authority available to the Department
of Defense: Provided further, That the Secretary of Defense shall, not
fewer than 30 days prior to making transfers to the Department of State
``Global Security Contingency Fund'', notify the congressional defense
committees in writing with the source of funds and a detailed
justification, execution plan, and timeline for each proposed project.
Sec. 8090. The Director of National Intelligence shall include the
budget exhibits identified in paragraphs (1) and (2) as described in
the Department of Defense Financial Management Regulation with the
congressional budget justification books:
(1) For procurement programs requesting more than $10,000,000
in any fiscal year, the P-1, Procurement Program; P-5, Cost
Analysis; P-5a, Procurement History and Planning; P-21, Production
Schedule; and P-40, Budget Item Justification.
(2) For research, development, test and evaluation projects
requesting more than $5,000,000 in any fiscal year, the R-1,
Research, Development, Test and Evaluation Program; R-2, Research,
Development, Test and Evaluation Budget Item Justification; R-3,
Research, Development, Test and Evaluation Project Cost Analysis;
and R-4, Research, Development, Test and Evaluation Program
Schedule Profile.
Sec. 8091. The amounts appropriated in title II of this Act are
hereby reduced by $515,000,000 to reflect excess cash balances in
Department of Defense Working Capital Funds, as follows: From
``Operation and Maintenance, Army'', $515,000,000.
Sec. 8092. (a) Not later than 60 days after enactment of this Act,
the Office of the Director of National Intelligence shall submit a
report to the congressional intelligence committees to establish the
baseline for application of reprogramming and transfer authorities for
fiscal year 2012: Provided, That the report shall include--
(1) a table for each appropriation with a separate column to
display the President's budget request, adjustments made by
Congress, adjustments due to enacted rescissions, if appropriate,
and the fiscal year enacted level;
(2) a delineation in the table for each appropriation by
Expenditure Center and project; and
(3) an identification of items of special congressional
interest.
(b) None of the funds provided for the National Intelligence
Program in this Act shall be available for reprogramming or transfer
until the report identified in subsection (a) is submitted to the
congressional intelligence committees, unless the Director of National
Intelligence certifies in writing to the congressional intelligence
committees that such reprogramming or transfer is necessary as an
emergency requirement.
Sec. 8093. (a) None of the funds provided for the National
Intelligence Program in this or any prior appropriations Act shall be
available for obligation or expenditure through a reprogramming or
transfer of funds in accordance with section 102A(d) of the National
Security Act of 1947 (50 U.S.C. 403-1(d)) that--
(1) creates a new start effort;
(2) terminates a program with appropriated funding of
$10,000,000 or more;
(3) transfers funding into or out of the National Intelligence
Program; or
(4) transfers funding between appropriations,
unless the congressional intelligence committees are notified 30 days
in advance of such reprogramming of funds; this notification period may
be reduced for urgent national security requirements.
(b) None of the funds provided for the National Intelligence
Program in this or any prior appropriations Act shall be available for
obligation or expenditure through a reprogramming or transfer of funds
in accordance with section 102A(d) of the National Security Act of 1947
(50 U.S.C. 403-1(d)) that results in a cumulative increase or decrease
of the levels specified in the classified annex unless the
congressional intelligence committees are notified 30 days in advance
of such reprogramming of funds; this notification period may be reduced
for urgent national security requirements.
Sec. 8094. The Director of National Intelligence shall submit to
Congress each year, at or about the time that the President's budget is
submitted to Congress that year under section 1105(a) of title 31,
United States Code, a future-years intelligence program (including
associated annexes) reflecting the estimated expenditures and proposed
appropriations included in that budget. Any such future-years
intelligence program shall cover the fiscal year with respect to which
the budget is submitted and at least the four succeeding fiscal years.
Sec. 8095. For the purposes of this Act, the term ``congressional
intelligence committees'' means the Permanent Select Committee on
Intelligence of the House of Representatives, the Select Committee on
Intelligence of the Senate, the Subcommittee on Defense of the
Committee on Appropriations of the House of Representatives, and the
Subcommittee on Defense of the Committee on Appropriations of the
Senate.
Sec. 8096. The Department of Defense shall continue to report
incremental contingency operations costs for Operation New Dawn and
Operation Enduring Freedom on a monthly basis in the Cost of War
Execution Report as prescribed in the Department of Defense Financial
Management Regulation Department of Defense Instruction 7000.14, Volume
12, Chapter 23 ``Contingency Operations'', Annex 1, dated September
2005.
(including transfer of funds)
Sec. 8097. During the current fiscal year, not to exceed
$11,000,000 from each of the appropriations made in title II of this
Act for ``Operation and Maintenance, Army'', ``Operation and
Maintenance, Navy'', and ``Operation and Maintenance, Air Force'' may
be transferred by the military department concerned to its central fund
established for Fisher Houses and Suites pursuant to section 2493(d) of
title 10, United States Code.
(including transfer of funds)
Sec. 8098. Of the funds appropriated in the Intelligence Community
Management Account for the Program Manager for the Information Sharing
Environment, $20,000,000 is available for transfer by the Director of
National Intelligence to other departments and agencies for purposes of
Government-wide information sharing activities: Provided, That funds
transferred under this provision are to be merged with and available
for the same purposes and time period as the appropriation to which
transferred: Provided further, That the Office of Management and
Budget must approve any transfers made under this provision.
Sec. 8099. Funds appropriated by this Act for operation and
maintenance may be available for the purpose of making remittances to
the Defense Acquisition Workforce Development Fund in accordance with
the requirements of section 1705 of title 10, United States Code.
Sec. 8100. (a) Any agency receiving funds made available in this
Act, shall, subject to subsections (b) and (c), post on the public
website of that agency any report required to be submitted by the
Congress in this or any other Act, upon the determination by the head
of the agency that it shall serve the national interest.
(b) Subsection (a) shall not apply to a report if--
(1) the public posting of the report compromises national
security; or
(2) the report contains proprietary information.
(c) The head of the agency posting such report shall do so only
after such report has been made available to the requesting Committee
or Committees of Congress for no less than 45 days.
Sec. 8101. (a) None of the funds appropriated or otherwise made
available by this Act may be expended for any Federal contract for an
amount in excess of $1,000,000, unless the contractor agrees not to--
(1) enter into any agreement with any of its employees or
independent contractors that requires, as a condition of
employment, that the employee or independent contractor agree to
resolve through arbitration any claim under title VII of the Civil
Rights Act of 1964 or any tort related to or arising out of sexual
assault or harassment, including assault and battery, intentional
infliction of emotional distress, false imprisonment, or negligent
hiring, supervision, or retention; or
(2) take any action to enforce any provision of an existing
agreement with an employee or independent contractor that mandates
that the employee or independent contractor resolve through
arbitration any claim under title VII of the Civil Rights Act of
1964 or any tort related to or arising out of sexual assault or
harassment, including assault and battery, intentional infliction
of emotional distress, false imprisonment, or negligent hiring,
supervision, or retention.
(b) None of the funds appropriated or otherwise made available by
this Act may be expended for any Federal contract unless the contractor
certifies that it requires each covered subcontractor to agree not to
enter into, and not to take any action to enforce any provision of, any
agreement as described in paragraphs (1) and (2) of subsection (a),
with respect to any employee or independent contractor performing work
related to such subcontract. For purposes of this subsection, a
``covered subcontractor'' is an entity that has a subcontract in excess
of $1,000,000 on a contract subject to subsection (a).
(c) The prohibitions in this section do not apply with respect to a
contractor's or subcontractor's agreements with employees or
independent contractors that may not be enforced in a court of the
United States.
(d) The Secretary of Defense may waive the application of
subsection (a) or (b) to a particular contractor or subcontractor for
the purposes of a particular contract or subcontract if the Secretary
or the Deputy Secretary personally determines that the waiver is
necessary to avoid harm to national security interests of the United
States, and that the term of the contract or subcontract is not longer
than necessary to avoid such harm. The determination shall set forth
with specificity the grounds for the waiver and for the contract or
subcontract term selected, and shall state any alternatives considered
in lieu of a waiver and the reasons each such alternative would not
avoid harm to national security interests of the United States. The
Secretary of Defense shall transmit to Congress, and simultaneously
make public, any determination under this subsection not less than 15
business days before the contract or subcontract addressed in the
determination may be awarded.
Sec. 8102. (a)(1) No National Intelligence Program funds
appropriated in this Act may be used for a mission critical or mission
essential business management information technology system that is not
registered with the Director of National Intelligence. A system shall
be considered to be registered with that officer upon the furnishing
notice of the system, together with such information concerning the
system as the Director of the Business Transformation Office may
prescribe.
(2) During the fiscal year 2012 no funds may be obligated or
expended for a financial management automated information system, a
mixed information system supporting financial and non-financial
systems, or a business system improvement of more than $3,000,000,
within the Intelligence Community without the approval of the Business
Transformation Investment Review Board.
(b) This section shall not apply to any programmatic or analytic
systems or programmatic or analytic system improvements.
Sec. 8103. None of the funds made available under this Act may be
distributed to the Association of Community Organizations for Reform
Now (ACORN) or its subsidiaries.
(including transfer of funds)
Sec. 8104. From within the funds appropriated for operation and
maintenance for the Defense Health Program in this Act, up to
$135,631,000, shall be available for transfer to the Joint Department
of Defense-Department of Veterans Affairs Medical Facility
Demonstration Fund in accordance with the provisions of section 1704 of
the National Defense Authorization Act for Fiscal Year 2010, Public Law
111-84: Provided, That for purposes of section 1704(b), the facility
operations funded are operations of the integrated Captain James A.
Lovell Federal Health Care Center, consisting of the North Chicago
Veterans Affairs Medical Center, the Navy Ambulatory Care Center, and
supporting facilities designated as a combined Federal medical facility
as described by section 706 of Public Law 110-417: Provided further,
That additional funds may be transferred from funds appropriated for
operation and maintenance for the Defense Health Program to the Joint
Department of Defense-Department of Veterans Affairs Medical Facility
Demonstration Fund upon written notification by the Secretary of
Defense to the Committees on Appropriations of the House of
Representatives and the Senate.
Sec. 8105. Section 310(b) of the Supplemental Appropriations Act,
2009 (Public Law 111-32; 124 Stat. 1871), as amended by Public Law 112-
10, is amended by striking ``2 years'' both places it appears and
inserting ``3 years''.
Sec. 8106. The Office of the Director of National Intelligence
shall not employ more Senior Executive employees than are specified in
the classified annex: Provided, That not later than 90 days after the
enactment of this Act, the Director of National Intelligence shall
submit to the congressional intelligence committees the Office of the
Director of National Intelligence strategic human capital plan and the
Office of Director of National Intelligence current and future grade
structure, to include General Schedule 15 positions.
Sec. 8107. None of the funds appropriated or otherwise made
available by this Act may be obligated or expended to pay a retired
general or flag officer to serve as a senior mentor advising the
Department of Defense unless such retired officer files a Standard Form
278 (or successor form concerning public financial disclosure under
part 2634 of title 5, Code of Federal Regulations) to the Office of
Government Ethics.
Sec. 8108. Appropriations available to the Department of Defense
may be used for the purchase of heavy and light armored vehicles for
the physical security of personnel or for force protection purposes up
to a limit of $250,000 per vehicle, notwithstanding price or other
limitations applicable to the purchase of passenger carrying vehicles.
Sec. 8109. The Inspector General of the Department of Defense
shall conduct a review of Anti-deficiency Act violations and their
causes in the Department of Defense Military Personnel accounts. Based
on the findings of the review, the Inspector General shall submit to
the congressional defense committees a report containing the results of
the review and recommendations for corrective actions to be
implemented.
Sec. 8110. Of the amounts appropriated for ``Operation and
Maintenance, Defense-Wide'', $33,000,000 shall be available to the
Secretary of Defense, notwithstanding any other provision of law,
acting through the Office of Economic Adjustment of the Department of
Defense, to make grants, conclude cooperative agreements, and
supplement other Federal funds, to remain available until expended, to
assist the civilian population of Guam in response to the military
buildup of Guam, to include addressing the need for vehicles and
supplies for civilian student transportation, preservation and
repository of artifacts unearthed during military construction, and
construction of a mental health and substance abuse facility:
Provided, That the Secretary of Defense shall, not fewer than 15 days
prior to obligating funds for this purpose, notify the congressional
defense committees in writing of the details of any such obligation.
Sec. 8111. None of the funds made available by this Act may be
used by the Secretary of Defense to take beneficial occupancy of more
than 2,000 parking spaces (other than handicap-reserved spaces) to be
provided by the BRAC 133 project: Provided, That this limitation may
be waived in part if: (1) the Secretary of Defense certifies to
Congress that levels of service at existing intersections in the
vicinity of the project have not experienced failing levels of service
as defined by the Transportation Research Board Highway Capacity Manual
over a consecutive 90-day period; (2) the Department of Defense and the
Virginia Department of Transportation agree on the number of additional
parking spaces that may be made available to employees of the facility
subject to continued 90-day traffic monitoring; and (3) the Secretary
of Defense notifies the congressional defense committees in writing at
least 14 days prior to exercising this waiver of the number of
additional parking spaces to be made available: Provided further, That
the Secretary of Defense shall implement the Department of Defense
Inspector General recommendations outlined in report number DODIG-2012-
024, and certify to Congress not later than 180 days after enactment of
this Act that the recommendations have been implemented.
Sec. 8112. (a) None of the funds provided in this title for
Operation and Maintenance may be available for obligation or
expenditure to relocate Air Force program offices, or acquisition
management functions of major weapons systems, to a central location,
or to any location other than the Air Force Material Command site where
they are currently located until 30 days after the Secretary of the Air
Force submits the initial report under subsection (b).
(b) The Secretary of the Air Force shall submit to the
congressional defense committees a report which includes the following:
a listing of all Air Force Material Command functions to be transferred
and an identification of the locations where these functions will be
transferred from and to; a listing of all Air Force Material Command
personnel positions to be transferred and an identification of the
locations these positions will be transferred from and to; and the cost
benefit analysis and the life-cycle cost analysis underpinning the
Secretary of the Air Force's decision to relocate Air Force Material
Command functions and personnel.
Sec. 8113. Not later than 120 days after the date of the enactment
of this Act, the Secretary of Defense shall resume quarterly reporting
of the numbers of civilian personnel end strength by appropriation
account for each and every appropriation account used to finance
Federal civilian personnel salaries to the congressional defense
committees within 15 days after the end of each fiscal quarter.
Sec. 8114. In addition to amounts provided elsewhere in this Act,
$10,000,000 is hereby appropriated, for an additional amount for
``Research, Development, Test and Evaluation, Army'', to remain
available until September 30, 2013. Such funds may be available for the
Secretary of the Army to conduct research on alternative energy
resources for deployed forces.
Sec. 8115. The Secretary of Defense shall study and report to the
Congressional Defense Committees the feasibility of using commercially
available telecommunications expense management solutions across the
Department of Defense by March 1, 2012.
Sec. 8116. None of the funds appropriated in this or any other Act
may be used to plan, prepare for, or otherwise take any action to
undertake or implement the separation of the National Intelligence
Program budget from the Department of Defense budget.
(including transfer of funds)
Sec. 8117. Upon a determination by the Director of National
Intelligence that such action is necessary and in the national
interest, the Director may, with the approval of the Office of
Management and Budget, transfer not to exceed $2,000,000,000 of the
funds made available in this Act for the National Intelligence Program:
Provided, That such authority to transfer may not be used unless for
higher priority items, based on unforeseen intelligence requirements,
than those for which originally appropriated and in no case where the
item for which funds are requested has been denied by the Congress:
Provided further, That a request for multiple reprogrammings of funds
using authority provided in this section shall be made prior to June
30, 2012.
(including transfer of funds)
Sec. 8118. In addition to amounts provided elsewhere in this Act,
there is appropriated $250,000,000, for an additional amount for
``Operation and Maintenance, Defense-Wide'', to be available until
expended: Provided, That such funds shall only be available to the
Secretary of Defense, acting through the Office of Economic Adjustment
of the Department of Defense, or for transfer to the Secretary of
Education, notwithstanding any other provision of law, to make grants,
conclude cooperative agreements, or supplement other Federal funds to
construct, renovate, repair, or expand elementary and secondary public
schools on military installations in order to address capacity or
facility condition deficiencies at such schools: Provided further,
That in making such funds available, the Office of Economic Adjustment
or the Secretary of Education shall give priority consideration to
those military installations with schools having the most serious
capacity or facility condition deficiencies as determined by the
Secretary of Defense.
Sec. 8119. None of the funds appropriated or otherwise made
available in this or any other Act may be used to transfer, release, or
assist in the transfer or release to or within the United States, its
territories, or possessions Khalid Sheikh Mohammed or any other
detainee who--
(1) is not a United States citizen or a member of the Armed
Forces of the United States; and
(2) is or was held on or after June 24, 2009, at the United
States Naval Station, Guantanamo Bay, Cuba, by the Department of
Defense.
Sec. 8120. (a)(1) Except as provided in paragraph (2) and
subsection (d), none of the funds appropriated or otherwise made
available in this or any other Act may be used to transfer any
individual detained at Guantanamo to the custody or control of the
individual's country of origin, any other foreign country, or any other
foreign entity unless the Secretary of Defense submits to Congress the
certification described in subsection (b) not later than 30 days before
the transfer of the individual.
(2) Paragraph (1) shall not apply to any action taken by the
Secretary to transfer any individual detained at Guantanamo to
effectuate--
(A) an order affecting the disposition of the individual that
is issued by a court or competent tribunal of the United States
having lawful jurisdiction (which the Secretary shall notify
Congress of promptly after issuance); or
(B) a pre-trial agreement entered in a military commission case
prior to the date of the enactment of this Act.
(b) A certification described in this subsection is a written
certification made by the Secretary of Defense, with the concurrence of
the Secretary of State and in consultation with the Director of
National Intelligence, that--
(1) the government of the foreign country or the recognized
leadership of the foreign entity to which the individual detained
at Guantanamo is to be transferred--
(A) is not a designated state sponsor of terrorism or a
designated foreign terrorist organization;
(B) maintains control over each detention facility in which
the individual is to be detained if the individual is to be
housed in a detention facility;
(C) is not, as of the date of the certification, facing a
threat that is likely to substantially affect its ability to
exercise control over the individual;
(D) has taken or agreed to take effective actions to ensure
that the individual cannot take action to threaten the United
States, its citizens, or its allies in the future;
(E) has taken or agreed to take such actions as the
Secretary of Defense determines are necessary to ensure that
the individual cannot engage or reengage in any terrorist
activity; and
(F) has agreed to share with the United States any
information that--
(i) is related to the individual or any associates of
the individual; and
(ii) could affect the security of the United States,
its citizens, or its allies; and
(2) includes an assessment, in classified or unclassified form,
of the capacity, willingness, and past practices (if applicable) of
the foreign country or entity in relation to the Secretary's
certifications.
(c)(1) Except as provided in paragraph (2) and subsection (d), none
of the funds appropriated or otherwise made available in this or any
other Act may be used to transfer any individual detained at Guantanamo
to the custody or control of the individual's country of origin, any
other foreign country, or any other foreign entity if there is a
confirmed case of any individual who was detained at United States
Naval Station, Guantanamo Bay, Cuba, at any time after September 11,
2001, who was transferred to such foreign country or entity and
subsequently engaged in any terrorist activity.
(2) Paragraph (1) shall not apply to any action taken by the
Secretary to transfer any individual detained at Guantanamo to
effectuate--
(A) an order affecting the disposition of the individual that
is issued by a court or competent tribunal of the United States
having lawful jurisdiction (which the Secretary shall notify
Congress of promptly after issuance); or
(B) a pre-trial agreement entered in a military commission case
prior to the date of the enactment of this Act.
(d)(1) The Secretary of Defense may waive the applicability to a
detainee transfer of a certification requirement specified in
subparagraph (D) or (E) of subsection (b)(1) or the prohibition in
subsection (c), if the Secretary certifies the rest of the criteria
required by subsection (b) for transfers prohibited by (c) and, with
the concurrence of the Secretary of State and in consultation with the
Director of National Intelligence, determines that--
(A) alternative actions will be taken to address the underlying
purpose of the requirement or requirements to be waived;
(B) in the case of a waiver of subparagraph (D) or (E) of
subsection (b)(1), it is not possible to certify that the risks
addressed in the paragraph to be waived have been completely
eliminated, but the actions to be taken under subparagraph (A) will
substantially mitigate such risks with regard to the individual to
be transferred;
(C) in the case of a waiver of subsection (c), the Secretary
has considered any confirmed case in which an individual who was
transferred to the country subsequently engaged in terrorist
activity, and the actions to be taken under subparagraph (A) will
substantially mitigate the risk of recidivism with regard to the
individual to be transferred; and
(D) the transfer is in the national security interests of the
United States.
(2) Whenever the Secretary makes a determination under paragraph
(1), the Secretary shall submit to the appropriate committees of
Congress, not later than 30 days before the transfer of the individual
concerned, the following:
(A) A copy of the determination and the waiver concerned.
(B) A statement of the basis for the determination, including--
(i) an explanation why the transfer is in the national
security interests of the United States; and
(ii) in the case of a waiver of subparagraph (D) or (E) of
subsection (b)(1), an explanation why it is not possible to
certify that the risks addressed in the subparagraph to be
waived have been completely eliminated.
(C) A summary of the alternative actions to be taken to address
the underlying purpose of, and to mitigate the risks addressed in,
the subparagraph or subsection to be waived.
(D) The assessment required by subsection (b)(2).
(e) In this section:
(1) The term ``appropriate committees of Congress'' means--
(A) the Committee on Armed Services, the Committee on
Appropriations, and the Select Committee on Intelligence of the
Senate; and
(B) the Committee on Armed Services, the Committee on
Appropriations, and the Permanent Select Committee on
Intelligence of the House of Representatives.
(2) The term ``individual detained at Guantanamo'' means any
individual located at United States Naval Station, Guantanamo Bay,
Cuba, as of October 1, 2009, who--
(A) is not a citizen of the United States or a member of
the Armed Forces of the United States; and
(B) is--
(i) in the custody or under the control of the
Department of Defense; or
(ii) otherwise under detention at United States Naval
Station, Guantanamo Bay, Cuba.
(3) The term ``foreign terrorist organization'' means any
organization so designated by the Secretary of State under section
219 of the Immigration and Nationality Act (8 U.S.C. 1189).
Sec. 8121. (a) None of the funds appropriated or otherwise made
available in this or any other Act may be used to construct, acquire,
or modify any facility in the United States, its territories, or
possessions to house any individual described in subsection (c) for the
purposes of detention or imprisonment in the custody or under the
effective control of the Department of Defense.
(b) The prohibition in subsection (a) shall not apply to any
modification of facilities at United States Naval Station, Guantanamo
Bay, Cuba.
(c) An individual described in this subsection is any individual
who, as of June 24, 2009, is located at United States Naval Station,
Guantanamo Bay, Cuba, and who--
(1) is not a citizen of the United States or a member of the
Armed Forces of the United States; and
(2) is--
(A) in the custody or under the effective control of the
Department of Defense; or
(B) otherwise under detention at United States Naval
Station, Guantanamo Bay, Cuba.
Sec. 8122. Of the funds made available to the Department of
Defense under ``Operation and Maintenance, Defense-Wide'' in title II,
$1,000,000 may be available to the Department to competitively
commission an independent assessment of the current and prospective
situation on the ground in Afghanistan and Pakistan, including the
strategic environment in and around Afghanistan and Pakistan; the
security, political, and economic and reconstruction developments in
those two countries; and relevant policy recommendations relating
thereto.
Sec. 8123. Not later than 90 days after the date of the enactment
of this Act, the Secretary of Defense shall submit to the congressional
defense committees a report on the approximately $100,000,000,000 in
efficiency savings identified by the military departments in the
defense budget covering fiscal years 2012 through 2016 that are to be
reinvested in the priorities of the military departments. Such report
shall include an analysis of--
(1) each savings identified by the military departments,
including--
(A) the budget account from which such savings will be
derived;
(B) the number of military personnel and full-time civilian
employees of the Federal Government affected by such savings;
(C) the estimated reductions in the number and funding of
contractor personnel caused by such savings; and
(D) a specific description of activities or services that
will be affected by such savings, including the locations of
such activities or services; and
(2) each reinvestment planned to be funded with such savings,
including--
(A) with respect to such reinvestment in procurement and
research, development, test and evaluation accounts, the budget
account to which such savings will be reinvested, including, by
line item, the number of items to be procured, as shown in
annual P-1 and R-1 documents;
(B) with respect to such reinvestment in military personnel
and operation and maintenance accounts, the budget account and
the subactivity (as shown in annual-1 and O-1 budget documents)
to which such savings will be reinvested;
(C) the number of military personnel and full-time civilian
employees of the Federal Government affected by such
reinvestment;
(D) the estimated number and funding of contractor
personnel affected by such reinvestment; and
(E) a specific description of activities or services that
will be affected by such reinvestment, including the locations
of such activities or services.
Sec. 8124. None of the funds made available by this Act may be
used to enter into a contract, memorandum of understanding, or
cooperative agreement with, make a grant to, or provide a loan or loan
guarantee to, any corporation that any unpaid Federal tax liability
that has been assessed, for which all judicial and administrative
remedies have been exhausted or have lapsed, and that is not being paid
in a timely manner pursuant to an agreement with the authority
responsible for collecting the tax liability, where the awarding agency
is aware of the unpaid tax liability, unless the agency has considered
suspension or debarment of the corporation and made a determination
that this further action is not necessary to protect the interests of
the Government.
Sec. 8125. None of the funds made available by this Act may be
used to enter into a contract, memorandum of understanding, or
cooperative agreement with, make a grant to, or provide a loan or loan
guarantee to, any corporation that was convicted of a felony criminal
violation under any Federal law within the preceding 24 months, where
the awarding agency is aware of the conviction, unless the agency has
considered suspension or debarment of the corporation and made a
determination that this further action is not necessary to protect the
interests of the Government.
(including transfer of funds)
Sec. 8126. There is hereby established in the Treasury of the
United States the ``Military Intelligence Program Transfer Fund''. In
addition to amounts provided elsewhere in this Act, there is
appropriated $310,758,000 for the ``Military Intelligence Program
Transfer Fund'': Provided, That of the funds made available in this
section, the Secretary of Defense may transfer these funds only to
``Operation and Maintenance, Defense-Wide'' or ``Research, Development,
Test and Evaluation, Defense-Wide'' and only for the purposes described
in the classified annex accompanying this Act: Provided further, That
the Secretary shall notify the congressional defense committees in
writing of the details of any such transfer not fewer than 15 days
prior to making such transfers: Provided further, That funds
transferred shall be merged with and be available for the same purposes
and for the same time period as the appropriations to which the funds
are transferred: Provided further, That this transfer authority is in
addition to any other transfer authority provided in this Act.
Sec. 8127. None of the funds made available by this Act may be
used in contravention of section 1590 or 1591 of title 18, United
States Code, or in contravention of the requirements of section 106(g)
or (h) of the Trafficking Victims Protection Act of 2000 (22 U.S.C.
7104(g) or (h)).
Sec. 8128. None of the funds made available by this Act for
international military education and training, foreign military
financing, excess defense articles, assistance under section 1206 of
the National Defense Authorization Act for Fiscal Year 2006 (Public Law
109-163; 119 Stat. 3456), issuance for direct commercial sales of
military equipment, or peacekeeping operations for the countries of
Chad, Yemen, Somalia, Sudan, Democratic Republic of the Congo, and
Burma may be used to support any military training or operations that
include child soldiers, as defined by the Child Soldiers Prevention Act
of 2008, and except if such assistance is otherwise permitted under
section 404 of the Child Soldiers Prevention Act of 2008 (Public Law
110-457; 22 U.S.C. 2370c-1).
Sec. 8129. None of the funds made available by this Act may be
used in contravention of the War Powers Resolution (50 U.S.C. 1541 et
seq.).
TITLE IX
OVERSEAS CONTINGENCY OPERATIONS
MILITARY PERSONNEL
Military Personnel, Army
For an additional amount for ``Military Personnel, Army'',
$7,195,335,000: Provided, That such amounts in this paragraph are
designated by the Congress for Overseas Contingency Operations/Global
War on Terrorism pursuant to section 251(b)(2)(A) of the Balanced
Budget and Emergency Deficit Control Act of 1985.
Military Personnel, Navy
For an additional amount for ``Military Personnel, Navy'',
$1,259,234,000: Provided, That such amounts in this paragraph are
designated by the Congress for Overseas Contingency Operations/Global
War on Terrorism pursuant to section 251(b)(2)(A) of the Balanced
Budget and Emergency Deficit Control Act of 1985.
Military Personnel, Marine Corps
For an additional amount for ``Military Personnel, Marine Corps'',
$714,360,000: Provided, That such amounts in this paragraph are
designated by the Congress for Overseas Contingency Operations/Global
War on Terrorism pursuant to section 251(b)(2)(A) of the Balanced
Budget and Emergency Deficit Control Act of 1985.
Military Personnel, Air Force
For an additional amount for ``Military Personnel, Air Force'',
$1,492,381,000: Provided, That such amounts in this paragraph are
designated by the Congress for Overseas Contingency Operations/Global
War on Terrorism pursuant to section 251(b)(2)(A) of the Balanced
Budget and Emergency Deficit Control Act of 1985.
Reserve Personnel, Army
For an additional amount for ``Reserve Personnel, Army'',
$207,162,000: Provided, That such amounts in this paragraph are
designated by the Congress for Overseas Contingency Operations/Global
War on Terrorism pursuant to section 251(b)(2)(A) of the Balanced
Budget and Emergency Deficit Control Act of 1985.
Reserve Personnel, Navy
For an additional amount for ``Reserve Personnel, Navy'',
$44,530,000: Provided, That such amounts in this paragraph are
designated by the Congress for Overseas Contingency Operations/Global
War on Terrorism pursuant to section 251(b)(2)(A) of the Balanced
Budget and Emergency Deficit Control Act of 1985.
Reserve Personnel, Marine Corps
For an additional amount for ``Reserve Personnel, Marine Corps'',
$25,421,000: Provided, That such amounts in this paragraph are
designated by the Congress for Overseas Contingency Operations/Global
War on Terrorism pursuant to section 251(b)(2)(A) of the Balanced
Budget and Emergency Deficit Control Act of 1985.
Reserve Personnel, Air Force
For an additional amount for ``Reserve Personnel, Air Force''
$26,815,000: Provided, That such amounts in this paragraph are
designated by the Congress for Overseas Contingency Operations/Global
War on Terrorism pursuant to section 251(b)(2)(A) of the Balanced
Budget and Emergency Deficit Control Act of 1985.
National Guard Personnel, Army
For an additional amount for ``National Guard Personnel, Army'',
$664,579,000: Provided, That such amounts in this paragraph are
designated by the Congress for Overseas Contingency Operations/Global
War on Terrorism pursuant to section 251(b)(2)(A) of the Balanced
Budget and Emergency Deficit Control Act of 1985.
National Guard Personnel, Air Force
For an additional amount for ``National Guard Personnel, Air
Force'', $9,435,000: Provided, That such amounts in this paragraph are
designated by the Congress for Overseas Contingency Operations/Global
War on Terrorism pursuant to section 251(b)(2)(A) of the Balanced
Budget and Emergency Deficit Control Act of 1985.
OPERATION AND MAINTENANCE
Operation and Maintenance, Army
For an additional amount for ``Operation and Maintenance, Army'',
$44,794,156,000: Provided, That such amounts in this paragraph are
designated by the Congress for Overseas Contingency Operations/Global
War on Terrorism pursuant to section 251(b)(2)(A) of the Balanced
Budget and Emergency Deficit Control Act of 1985.
Operation and Maintenance, Navy
For an additional amount for ``Operation and Maintenance, Navy'',
$7,674,026,000: Provided, That such amounts in this paragraph are
designated by the Congress for Overseas Contingency Operations/Global
War on Terrorism pursuant to section 251(b)(2)(A) of the Balanced
Budget and Emergency Deficit Control Act of 1985.
Operation and Maintenance, Marine Corps
For an additional amount for ``Operation and Maintenance, Marine
Corps'', $3,935,210,000: Provided, That such amounts in this paragraph
are designated by the Congress for Overseas Contingency Operations/
Global War on Terrorism pursuant to section 251(b)(2)(A) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
Operation and Maintenance, Air Force
For an additional amount for ``Operation and Maintenance, Air
Force'', $10,879,347,000: Provided, That such amounts in this
paragraph are designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section 251(b)(2)(A) of
the Balanced Budget and Emergency Deficit Control Act of 1985.
Operation and Maintenance, Defense-Wide
For an additional amount for ``Operation and Maintenance, Defense-
Wide'', $9,252,211,000: Provided, That each amount in this section is
designated by the Congress for Overseas Contingency Operations/Global
War on Terrorism pursuant to section 251(b)(2)(A) of the Balanced
Budget and Emergency Deficit Control Act of 1985: Provided further,
That of the funds provided under this heading: Not to exceed
$1,690,000,000, to remain available until September 30, 2013, for
payments to reimburse key cooperating nations for logistical, military,
and other support, including access, provided to United States military
operations in support of Operation Enduring Freedom, Operation New
Dawn, and post-operation Iraq border security related to the activities
of the Office of Security Cooperation in Iraq, notwithstanding any
other provision of law: Provided further, That such reimbursement
payments may be made in such amounts as the Secretary of Defense, with
the concurrence of the Secretary of State, and in consultation with the
Director of the Office of Management and Budget, may determine, in his
discretion, based on documentation determined by the Secretary of
Defense to adequately account for the support provided, and such
determination is final and conclusive upon the accounting officers of
the United States, and 15 days following notification to the
appropriate congressional committees: Provided further, That the
requirement to provide notification shall not apply with respect to a
reimbursement for access based on an international agreement: Provided
further, That these funds may be used for the purpose of providing
specialized training and procuring supplies and specialized equipment
and providing such supplies and loaning such equipment on a non-
reimbursable basis to coalition forces supporting United States
military operations in Afghanistan, and 15 days following notification
to the appropriate congressional committees: Provided further, That
the Secretary of Defense shall provide quarterly reports to the
congressional defense committees on the use of funds provided in this
paragraph.
Operation and Maintenance, Army Reserve
For an additional amount for ``Operation and Maintenance, Army
Reserve'', $217,500,000: Provided, That such amounts in this paragraph
are designated by the Congress for Overseas Contingency Operations/
Global War on Terrorism pursuant to section 251(b)(2)(A) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
Operation and Maintenance, Navy Reserve
For an additional amount for ``Operation and Maintenance, Navy
Reserve'', $74,148,000: Provided, That such amounts in this paragraph
are designated by the Congress for Overseas Contingency Operations/
Global War on Terrorism pursuant to section 251(b)(2)(A) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
Operation and Maintenance, Marine Corps Reserve
For an additional amount for ``Operation and Maintenance, Marine
Corps Reserve'', $36,084,000: Provided, That such amounts in this
paragraph are designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section 251(b)(2)(A) of
the Balanced Budget and Emergency Deficit Control Act of 1985.
Operation and Maintenance, Air Force Reserve
For an additional amount for ``Operation and Maintenance, Air Force
Reserve'', $142,050,000: Provided, That such amounts in this paragraph
are designated by the Congress for Overseas Contingency Operations/
Global War on Terrorism pursuant to section 251(b)(2)(A) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
Operation and Maintenance, Army National Guard
For an additional amount for ``Operation and Maintenance, Army
National Guard'', $377,544,000: Provided, That such amounts in this
paragraph are designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section 251(b)(2)(A) of
the Balanced Budget and Emergency Deficit Control Act of 1985.
Operation and Maintenance, Air National Guard
For an additional amount for ``Operation and Maintenance, Air
National Guard'', $34,050,000: Provided, That such amounts in this
paragraph are designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section 251(b)(2)(A) of
the Balanced Budget and Emergency Deficit Control Act of 1985.
Afghanistan Infrastructure Fund
(including transfer of funds)
For the ``Afghanistan Infrastructure Fund'', $400,000,000, to
remain available until September 30, 2013: Provided, That such sums
shall be available for infrastructure projects in Afghanistan,
notwithstanding any other provision of law, which shall be undertaken
by the Secretary of State, unless the Secretary of State and the
Secretary of Defense jointly decide that a specific project will be
undertaken by the Department of Defense: Provided further, That the
infrastructure referred to in the preceding proviso is in support of
the counterinsurgency strategy, requiring funding for facility and
infrastructure projects, including, but not limited to, water, power,
and transportation projects and related maintenance and sustainment
costs: Provided further, That the authority to undertake such
infrastructure projects is in addition to any other authority to
provide assistance to foreign nations: Provided further, That any
projects funded by this appropriation shall be jointly formulated and
concurred in by the Secretary of State and Secretary of Defense:
Provided further, That funds may be transferred to the Department of
State for purposes of undertaking projects, which funds shall be
considered to be economic assistance under the Foreign Assistance Act
of 1961 for purposes of making available the administrative authorities
contained in that Act: Provided further, That the transfer authority
in the preceding proviso is in addition to any other authority
available to the Department of Defense to transfer funds: Provided
further, That any unexpended funds transferred to the Secretary of
State under this authority shall be returned to the Afghanistan
Infrastructure Fund if the Secretary of State, in coordination with the
Secretary of Defense, determines that the project cannot be implemented
for any reason, or that the project no longer supports the
counterinsurgency strategy in Afghanistan: Provided further, That any
funds returned to the Secretary of Defense under the previous proviso
shall be available for use under this appropriation and shall be
treated in the same manner as funds not transferred to the Secretary of
State: Provided further, That contributions of funds for the purposes
provided herein to the Secretary of State in accordance with section
635(d) of the Foreign Assistance Act from any person, foreign
government, or international organization may be credited to this Fund,
to remain available until expended, and used for such purposes:
Provided further, That the Secretary of Defense shall, not fewer than
15 days prior to making transfers to or from, or obligations from the
Fund, notify the appropriate committees of Congress in writing of the
details of any such transfer: Provided further, That the ``appropriate
committees of Congress'' are the Committees on Armed Services, Foreign
Relations and Appropriations of the Senate and the Committees on Armed
Services, Foreign Affairs and Appropriations of the House of
Representatives: Provided further, That such amounts in this paragraph
are designated by the Congress for Overseas Contingency Operations/
Global War on Terrorism pursuant to section 251(b)(2)(A) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
Afghanistan Security Forces Fund
For the ``Afghanistan Security Forces Fund'', $11,200,000,000, to
remain available until September 30, 2013: Provided, That such funds
shall be available to the Secretary of Defense, notwithstanding any
other provision of law, for the purpose of allowing the Commander,
Combined Security Transition Command--Afghanistan, or the Secretary's
designee, to provide assistance, with the concurrence of the Secretary
of State, to the security forces of Afghanistan, including the
provision of equipment, supplies, services, training, facility and
infrastructure repair, renovation, and construction, and funding:
Provided further, That the authority to provide assistance under this
heading is in addition to any other authority to provide assistance to
foreign nations: Provided further, That contributions of funds for the
purposes provided herein from any person, foreign government, or
international organization may be credited to this Fund and used for
such purposes: Provided further, That the Secretary of Defense shall
notify the congressional defense committees in writing upon the receipt
and upon the obligation of any contribution, delineating the sources
and amounts of the funds received and the specific use of such
contributions: Provided further, That the Secretary of Defense shall,
not fewer than 15 days prior to obligating from this appropriation
account, notify the congressional defense committees in writing of the
details of any such obligation: Provided further, That the Secretary
of Defense shall notify the congressional defense committees of any
proposed new projects or transfer of funds between budget sub-activity
groups in excess of $20,000,000: Provided further, That such amounts
in this paragraph are designated by the Congress for Overseas
Contingency Operations/Global War on Terrorism pursuant to section
251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act
of 1985.
PROCUREMENT
Aircraft Procurement, Army
For an additional amount for ``Aircraft Procurement, Army'',
$1,137,381,000, to remain available until September 30, 2014:
Provided, That such amounts in this paragraph are designated by the
Congress for Overseas Contingency Operations/Global War on Terrorism
pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency
Deficit Control Act of 1985.
Missile Procurement, Army
For an additional amount for ``Missile Procurement, Army'',
$126,556,000, to remain available until September 30, 2014: Provided,
That such amounts in this paragraph are designated by the Congress for
Overseas Contingency Operations/Global War on Terrorism pursuant to
section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
Procurement of Weapons and Tracked Combat Vehicles, Army
For an additional amount for ``Procurement of Weapons and Tracked
Combat Vehicles, Army'', $37,117,000, to remain available until
September 30, 2014: Provided, That such amounts in this paragraph are
designated by the Congress for Overseas Contingency Operations/Global
War on Terrorism pursuant to section 251(b)(2)(A) of the Balanced
Budget and Emergency Deficit Control Act of 1985.
Procurement of Ammunition, Army
For an additional amount for ``Procurement of Ammunition, Army'',
$208,381,000, to remain available until September 30, 2014: Provided,
That such amounts in this paragraph are designated by the Congress for
Overseas Contingency Operations/Global War on Terrorism pursuant to
section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
Other Procurement, Army
For an additional amount for ``Other Procurement, Army'',
$1,334,345,000, to remain available until September 30, 2014:
Provided, That such amounts in this paragraph are designated by the
Congress for Overseas Contingency Operations/Global War on Terrorism
pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency
Deficit Control Act of 1985.
Aircraft Procurement, Navy
For an additional amount for ``Aircraft Procurement, Navy'',
$480,935,000, to remain available until September 30, 2014: Provided,
That such amounts in this paragraph are designated by the Congress for
Overseas Contingency Operations/Global War on Terrorism pursuant to
section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
Weapons Procurement, Navy
For an additional amount for ``Weapons Procurement, Navy'',
$41,070,000, to remain available until September 30, 2014: Provided,
That such amounts in this paragraph are designated by the Congress for
Overseas Contingency Operations/Global War on Terrorism pursuant to
section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
Procurement of Ammunition, Navy and Marine Corps
For an additional amount for ``Procurement of Ammunition, Navy and
Marine Corps'', $317,100,000, to remain available until September 30,
2014: Provided, That such amounts in this paragraph are designated by
the Congress for Overseas Contingency Operations/Global War on
Terrorism pursuant to section 251(b)(2)(A) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
Other Procurement, Navy
For an additional amount for ``Other Procurement, Navy'',
$236,125,000, to remain available until September 30, 2014: Provided,
That such amounts in this paragraph are designated by the Congress for
Overseas Contingency Operations/Global War on Terrorism pursuant to
section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
Procurement, Marine Corps
For an additional amount for ``Procurement, Marine Corps'',
$1,233,996,000, to remain available until September 30, 2014:
Provided, That such amounts in this paragraph are designated by the
Congress for Overseas Contingency Operations/Global War on Terrorism
pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency
Deficit Control Act of 1985.
Aircraft Procurement, Air Force
For an additional amount for ``Aircraft Procurement, Air Force'',
$1,235,777,000, to remain available until September 30, 2014:
Provided, That such amounts in this paragraph are designated by the
Congress for Overseas Contingency Operations/Global War on Terrorism
pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency
Deficit Control Act of 1985.
Missile Procurement, Air Force
For an additional amount for ``Missile Procurement, Air Force'',
$41,220,000, to remain available until September 30, 2014: Provided,
That such amounts in this paragraph are designated by the Congress for
Overseas Contingency Operations/Global War on Terrorism pursuant to
section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
Procurement of Ammunition, Air Force
For an additional amount for ``Procurement of Ammunition, Air
Force'', $109,010,000, to remain available until September 30, 2014:
Provided, That such amounts in this paragraph are designated by the
Congress for Overseas Contingency Operations/Global War on Terrorism
pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency
Deficit Control Act of 1985.
Other Procurement, Air Force
For an additional amount for ``Other Procurement, Air Force'',
$3,088,510,000, to remain available until September 30, 2014:
Provided, That such amounts in this paragraph are designated by the
Congress for Overseas Contingency Operations/Global War on Terrorism
pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency
Deficit Control Act of 1985.
Procurement, Defense-Wide
For an additional amount for ``Procurement, Defense-Wide'',
$405,768,000, to remain available until September 30, 2014: Provided,
That such amounts in this paragraph are designated by the Congress for
Overseas Contingency Operations/Global War on Terrorism pursuant to
section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
National Guard and Reserve Equipment
For procurement of aircraft, missiles, tracked combat vehicles,
ammunition, other weapons and other procurement for the reserve
components of the Armed Forces, $1,000,000,000, to remain available for
obligation until September 30, 2014: Provided, That the Chiefs of
National Guard and Reserve components shall, not later than 30 days
after the enactment of this Act, individually submit to the
congressional defense committees the modernization priority assessment
for their respective National Guard or Reserve component: Provided
further, That such amounts in this paragraph are designated by the
Congress for Overseas Contingency Operations/Global War on Terrorism
pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency
Deficit Control Act of 1985.
Mine Resistant Ambush Protected Vehicle Fund
(including transfer of funds)
For the Mine Resistant Ambush Protected Vehicle Fund,
$2,600,170,000, to remain available until September 30, 2013:
Provided, That such funds shall be available to the Secretary of
Defense, notwithstanding any other provision of law, to procure,
sustain, transport, and field Mine Resistant Ambush Protected vehicles:
Provided further, That the Secretary shall transfer such funds only to
appropriations made available in this or any other Act for operation
and maintenance; procurement; research, development, test and
evaluation; and defense working capital funds to accomplish the purpose
provided herein: Provided further, That such transferred funds shall
be merged with and be available for the same purposes and the same time
period as the appropriation to which transferred: Provided further,
That this transfer authority is in addition to any other transfer
authority available to the Department of Defense: Provided further,
That the Secretary shall, not fewer than 10 days prior to making
transfers from this appropriation, notify the congressional defense
committees in writing of the details of any such transfer: Provided
further, That such amounts in this paragraph are designated by the
Congress for Overseas Contingency Operations/Global War on Terrorism
pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency
Deficit Control Act of 1985.
RESEARCH, DEVELOPMENT, TEST AND EVALUATION
Research, Development, Test and Evaluation, Army
For an additional amount for ``Research, Development, Test and
Evaluation, Army'', $18,513,000, to remain available until September
30, 2013: Provided, That such amounts in this paragraph are designated
by the Congress for Overseas Contingency Operations/Global War on
Terrorism pursuant to section 251(b)(2)(A) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
Research, Development, Test and Evaluation, Navy
For an additional amount for ``Research, Development, Test and
Evaluation, Navy'', $53,884,000, to remain available until September
30, 2013: Provided, That such amounts in this paragraph are designated
by the Congress for Overseas Contingency Operations/Global War on
Terrorism pursuant to section 251(b)(2)(A) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
Research, Development, Test and Evaluation, Air Force
For an additional amount for ``Research, Development, Test and
Evaluation, Air Force'', $259,600,000, to remain available until
September 30, 2013: Provided, That such amounts in this paragraph are
designated by the Congress for Overseas Contingency Operations/Global
War on Terrorism pursuant to section 251(b)(2)(A) of the Balanced
Budget and Emergency Deficit Control Act of 1985.
Research, Development, Test and Evaluation, Defense-Wide
For an additional amount for ``Research, Development, Test and
Evaluation, Defense-Wide'', $194,361,000, to remain available until
September 30, 2013: Provided, That such amounts in this paragraph are
designated by the Congress for Overseas Contingency Operations/Global
War on Terrorism pursuant to section 251(b)(2)(A) of the Balanced
Budget and Emergency Deficit Control Act of 1985.
REVOLVING AND MANAGEMENT FUNDS
Defense Working Capital Funds
For an additional amount for ``Defense Working Capital Funds'',
$435,013,000: Provided, That such amounts in this paragraph are
designated by the Congress for Overseas Contingency Operations/Global
War on Terrorism pursuant to section 251(b)(2)(A) of the Balanced
Budget and Emergency Deficit Control Act of 1985.
OTHER DEPARTMENT OF DEFENSE PROGRAMS
Defense Health Program
For an additional amount for ``Defense Health Program'',
$1,228,288,000, which shall be for operation and maintenance, to remain
available until September 30, 2012: Provided, That such amounts in
this paragraph are designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section 251(b)(2)(A) of
the Balanced Budget and Emergency Deficit Control Act of 1985.
Drug Interdiction and Counter-Drug Activities, Defense
For an additional amount for ``Drug Interdiction and Counter-Drug
Activities, Defense'', $456,458,000, to remain available until
September 30, 2013: Provided, That such amounts in this paragraph are
designated by the Congress for Overseas Contingency Operations/Global
War on Terrorism pursuant to section 251(b)(2)(A) of the Balanced
Budget and Emergency Deficit Control Act of 1985.
Joint Improvised Explosive Device Defeat Fund
(including transfer of funds)
For the ``Joint Improvised Explosive Device Defeat Fund'',
$2,441,984,000, to remain available until September 30, 2014:
Provided, That such funds shall be available to the Secretary of
Defense, notwithstanding any other provision of law, for the purpose of
allowing the Director of the Joint Improvised Explosive Device Defeat
Organization to investigate, develop and provide equipment, supplies,
services, training, facilities, personnel and funds to assist United
States forces in the defeat of improvised explosive devices: Provided
further, That the Secretary of Defense may transfer funds provided
herein to appropriations for military personnel; operation and
maintenance; procurement; research, development, test and evaluation;
and defense working capital funds to accomplish the purpose provided
herein: Provided further, That this transfer authority is in addition
to any other transfer authority available to the Department of Defense:
Provided further, That the Secretary of Defense shall, not fewer than
15 days prior to making transfers from this appropriation, notify the
congressional defense committees in writing of the details of any such
transfer: Provided further, That such amounts in this paragraph are
designated by the Congress for Overseas Contingency Operations/Global
War on Terrorism pursuant to section 251(b)(2)(A) of the Balanced
Budget and Emergency Deficit Control Act of 1985.
Office of the Inspector General
For an additional amount for the ``Office of the Inspector
General'', $11,055,000: Provided, That such amounts in this paragraph
are designated by the Congress for Overseas Contingency Operations/
Global War on Terrorism pursuant to section 251(b)(2)(A) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
GENERAL PROVISIONS--THIS TITLE
Sec. 9001. Notwithstanding any other provision of law, funds made
available in this title are in addition to amounts appropriated or
otherwise made available for the Department of Defense for fiscal year
2012.
(including transfer of funds)
Sec. 9002. Upon the determination of the Secretary of Defense that
such action is necessary in the national interest, the Secretary may,
with the approval of the Office of Management and Budget, transfer up
to $4,000,000,000 between the appropriations or funds made available to
the Department of Defense in this title: Provided, That the Secretary
shall notify the Congress promptly of each transfer made pursuant to
the authority in this section: Provided further, That the authority
provided in this section is in addition to any other transfer authority
available to the Department of Defense and is subject to the same terms
and conditions as the authority provided in the Department of Defense
Appropriations Act, 2012.
Sec. 9003. Supervision and administration costs associated with a
construction project funded with appropriations available for operation
and maintenance, ``Afghanistan Infrastructure Fund'', or the
``Afghanistan Security Forces Fund'' provided in this Act and executed
in direct support of overseas contingency operations in Afghanistan,
may be obligated at the time a construction contract is awarded:
Provided, That for the purpose of this section, supervision and
administration costs include all in-house Government costs.
Sec. 9004. From funds made available in this title, the Secretary
of Defense may purchase for use by military and civilian employees of
the Department of Defense in the U.S. Central Command area of
responsibility: (a) passenger motor vehicles up to a limit of $75,000
per vehicle; and (b) heavy and light armored vehicles for the physical
security of personnel or for force protection purposes up to a limit of
$250,000 per vehicle, notwithstanding price or other limitations
applicable to the purchase of passenger carrying vehicles.
Sec. 9005. Not to exceed $400,000,000 of the amount appropriated
in this title under the heading ``Operation and Maintenance, Army'' may
be used, notwithstanding any other provision of law, to fund the
Commander's Emergency Response Program (CERP), for the purpose of
enabling military commanders in Afghanistan to respond to urgent,
small-scale, humanitarian relief and reconstruction requirements within
their areas of responsibility: Provided, That each project (including
any ancillary or related elements in connection with such project)
executed under this authority shall not exceed $20,000,000: Provided
further, That not later than 45 days after the end of each fiscal year
quarter, the Secretary of Defense shall submit to the congressional
defense committees a report regarding the source of funds and the
allocation and use of funds during that quarter that were made
available pursuant to the authority provided in this section or under
any other provision of law for the purposes described herein: Provided
further, That, not later than 30 days after the end of each month, the
Army shall submit to the congressional defense committees monthly
commitment, obligation, and expenditure data for the Commander's
Emergency Response Program in Afghanistan: Provided further, That not
less than 15 days before making funds available pursuant to the
authority provided in this section or under any other provision of law
for the purposes described herein for a project with a total
anticipated cost for completion of $5,000,000 or more, the Secretary
shall submit to the congressional defense committees a written notice
containing each of the following:
(1) The location, nature and purpose of the proposed project,
including how the project is intended to advance the military
campaign plan for the country in which it is to be carried out.
(2) The budget, implementation timeline with milestones, and
completion date for the proposed project, including any other CERP
funding that has been or is anticipated to be contributed to the
completion of the project.
(3) A plan for the sustainment of the proposed project,
including the agreement with either the host nation, a non-
Department of Defense agency of the United States Government or a
third-party contributor to finance the sustainment of the
activities and maintenance of any equipment or facilities to be
provided through the proposed project.
Sec. 9006. Funds available to the Department of Defense for
operation and maintenance may be used, notwithstanding any other
provision of law, to provide supplies, services, transportation,
including airlift and sealift, and other logistical support to
coalition forces supporting military and stability operations in Iraq
and Afghanistan: Provided, That the Secretary of Defense shall provide
quarterly reports to the congressional defense committees regarding
support provided under this section.
Sec. 9007. None of the funds appropriated or otherwise made
available by this or any other Act shall be obligated or expended by
the United States Government for a purpose as follows:
(1) To establish any military installation or base for the
purpose of providing for the permanent stationing of United States
Armed Forces in Iraq.
(2) To exercise United States control over any oil resource of
Iraq.
(3) To establish any military installation or base for the
purpose of providing for the permanent stationing of United States
Armed Forces in Afghanistan.
Sec. 9008. None of the funds made available in this Act may be
used in contravention of the following laws enacted or regulations
promulgated to implement the United Nations Convention Against Torture
and Other Cruel, Inhuman or Degrading Treatment or Punishment (done at
New York on December 10, 1984):
(1) Section 2340A of title 18, United States Code.
(2) Section 2242 of the Foreign Affairs Reform and
Restructuring Act of 1998 (division G of Public Law 105-277; 112
Stat. 2681-822; 8 U.S.C. 1231 note) and regulations prescribed
thereto, including regulations under part 208 of title 8, Code of
Federal Regulations, and part 95 of title 22, Code of Federal
Regulations.
(3) Sections 1002 and 1003 of the Department of Defense,
Emergency Supplemental Appropriations to Address Hurricanes in the
Gulf of Mexico, and Pandemic Influenza Act, 2006 (Public Law 109-
148).
Sec. 9009. None of the funds provided for the ``Afghanistan
Security Forces Fund'' (ASFF) may be obligated prior to the approval of
a financial and activity plan by the Afghanistan Resources Oversight
Council (AROC) of the Department of Defense: Provided, That the AROC
must approve the requirement and acquisition plan for any service
requirements in excess of $50,000,000 annually and any non-standard
equipment requirements in excess of $100,000,000 using ASFF: Provided
further, That the AROC must approve all projects and the execution plan
under the ``Afghanistan Infrastructure Fund'' (AIF) and any project in
excess of $5,000,000 from the Commanders Emergency Response Program
(CERP): Provided further, That the Department of Defense must certify
to the congressional defense committees that the AROC has convened and
approved a process for ensuring compliance with the requirements in the
preceding provisos and accompanying report language for the ASFF, AIF,
and CERP.
Sec. 9010. (a) Funding for Outreach and Reintegration Services
Under Yellow Ribbon Reintegration Program.--Of the amounts appropriated
or otherwise made available by title IX, up to $20,000,000 may be
available for outreach and reintegration services under the Yellow
Ribbon Reintegration Program under section 582(h) of the National
Defense Authorization Act for Fiscal Year 2008 (Public Law 110-181; 122
Stat. 125; 10 U.S.C. 10101 note).
(b) Supplement Not Supplant.--The amount made available by
subsection (a) for the services described in that subsection is in
addition to any other amounts available in this Act for such services.
Sec. 9011. Funds made available in this title to the Department of
Defense for operation and maintenance may be used to purchase items
having an investment unit cost of not more than $250,000: Provided,
That, upon determination by the Secretary of Defense that such action
is necessary to meet the operational requirements of a Commander of a
Combatant Command engaged in contingency operations overseas, such
funds may be used to purchase items having an investment item unit cost
of not more than $500,000.
Sec. 9012. Notwithstanding any other provision of law, up to
$150,000,000 of funds made available in this title under the heading
``Operation and Maintenance, Army'' may be obligated and expended for
purposes of the Task Force for Business and Stability Operations,
subject to the direction and control of the Secretary of Defense, with
concurrence of the Secretary of State, to carry out strategic business
and economic assistance activities in Afghanistan in support of
Operation Enduring Freedom: Provided, That not less than 15 days
before making funds available pursuant to the authority provided in
this section for any project with a total anticipated cost of
$5,000,000 or more, the Secretary shall submit to the congressional
defense committees a written notice containing a detailed justification
and timeline for each proposed project.
Sec. 9013. From funds made available to the Department of Defense
in this title under the heading ``Operation and Maintenance, Air
Force'' up to $524,000,000 may be used by the Secretary of Defense,
notwithstanding any other provision of law, to support United States
Government transition activities in Iraq by funding the operations and
activities of the Office of Security Cooperation in Iraq and security
assistance teams, including life support, transportation and personal
security, and facilities renovation and construction: Provided, That
not less than 15 days before making funds available pursuant to the
authority provided in this section, the Secretary shall submit to the
congressional defense committees a written notice containing a detailed
justification and timeline for each proposed site.
Sec. 9014. The amounts appropriated in title IX of this Act are
hereby reduced by $4,042,500,000 to reflect reduced troop strength in
theater: Provided, That the reductions shall be applied to the
military personnel and operation and maintenance appropriations only:
Provided further, That the Secretary of Defense shall, not fewer than
15 days prior to reducing funds for this purpose, notify the
congressional defense committees in writing of the details of any such
reduction by appropriation and budget line item.
Sec. 9015. Of the funds appropriated in Department of Defense
Appropriations Acts, the following funds are hereby rescinded from the
following accounts and programs in the specified amounts: Provided,
That such amounts are designated by the Congress for Overseas
Contingency Operations/Global War on Terrorism pursuant to section
251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act
of 1985:
``Overseas Contingency Operations Transfer Fund, 2010'',
$356,810,000;
``Procurement of Ammunition, Army, 2010/2012'', $21,000,000;
``Other Procurement, Air Force, 2010/2012'', $2,250,000.
This division may be cited as the ``Department of Defense
Appropriations Act, 2012''.
DIVISION B--ENERGY AND WATER DEVELOPMENT APPROPRIATIONS ACT, 2012
TITLE I
CORPS OF ENGINEERS--CIVIL
DEPARTMENT OF THE ARMY
Corps of Engineers--civil
The following appropriations shall be expended under the direction
of the Secretary of the Army and the supervision of the Chief of
Engineers for authorized civil functions of the Department of the Army
pertaining to river and harbor, flood and storm damage reduction, shore
protection, aquatic ecosystem restoration, and related efforts.
investigations
For expenses necessary where authorized by law for the collection
and study of basic information pertaining to river and harbor, flood
and storm damage reduction, shore protection, aquatic ecosystem
restoration, and related needs; for surveys and detailed studies, and
plans and specifications of proposed river and harbor, flood and storm
damage reduction, shore protection, and aquatic ecosystem restoration
projects and related efforts prior to construction; for restudy of
authorized projects; and for miscellaneous investigations and, when
authorized by law, surveys and detailed studies, and plans and
specifications of projects prior to construction, $125,000,000, to
remain available until expended.
construction
For expenses necessary for the construction of river and harbor,
flood and storm damage reduction, shore protection, aquatic ecosystem
restoration, and related projects authorized by law; for conducting
detailed studies, and plans and specifications, of such projects
(including those involving participation by States, local governments,
or private groups) authorized or made eligible for selection by law
(but such detailed studies, and plans and specifications, shall not
constitute a commitment of the Government to construction);
$1,694,000,000, to remain available until expended; of which such sums
as are necessary to cover the Federal share of construction costs for
facilities under the Dredged Material Disposal Facilities program shall
be derived from the Harbor Maintenance Trust Fund as authorized by
Public Law 104-303; and of which such sums as are necessary to cover
one-half of the costs of construction, replacement, rehabilitation, and
expansion of inland waterways projects (including only Olmsted Lock and
Dam, Ohio River, Illinois and Kentucky; Emsworth Locks and Dam, Ohio
River, Pennsylvania; Lock and Dams 2, 3, and 4, Monongahela River,
Pennsylvania; and Lock and Dam 27, Mississippi River, Illinois) shall
be derived from the Inland Waterways Trust Fund.
mississippi river and tributaries
For expenses necessary for flood damage reduction projects and
related efforts in the Mississippi River alluvial valley below Cape
Girardeau, Missouri, as authorized by law, $252,000,000, to remain
available until expended, of which such sums as are necessary to cover
the Federal share of eligible operation and maintenance costs for
inland harbors shall be derived from the Harbor Maintenance Trust Fund.
operation and maintenance
For expenses necessary for the operation, maintenance, and care of
existing river and harbor, flood and storm damage reduction, aquatic
ecosystem restoration, and related projects authorized by law;
providing security for infrastructure owned or operated by the Corps,
including administrative buildings and laboratories; maintaining harbor
channels provided by a State, municipality, or other public agency that
serve essential navigation needs of general commerce, where authorized
by law; surveying and charting northern and northwestern lakes and
connecting waters; clearing and straightening channels; and removing
obstructions to navigation, $2,412,000,000, to remain available until
expended, of which such sums as are necessary to cover the Federal
share of eligible operation and maintenance costs for coastal harbors
and channels, and for inland harbors shall be derived from the Harbor
Maintenance Trust Fund; of which such sums as become available from the
special account for the Corps of Engineers established by the Land and
Water Conservation Fund Act of 1965 (16 U.S.C. 460l-6a(i)) shall be
derived from that account for resource protection, research,
interpretation, and maintenance activities related to resource
protection in the areas at which outdoor recreation is available; and
of which such sums as become available from fees collected under
section 217 of Public Law 104-303 shall be used to cover the cost of
operation and maintenance of the dredged material disposal facilities
for which such fees have been collected: Provided, That 1 percent of
the total amount of funds provided for each of the programs, projects
or activities funded under this heading shall not be allocated to a
field operating activity prior to the beginning of the fourth quarter
of the fiscal year and shall be available for use by the Chief of
Engineers to fund such emergency activities as the Chief of Engineers
determines to be necessary and appropriate, and that the Chief of
Engineers shall allocate during the fourth quarter any remaining funds
which have not been used for emergency activities proportionally in
accordance with the amounts provided for the programs, projects or
activities.
regulatory program
For expenses necessary for administration of laws pertaining to
regulation of navigable waters and wetlands, $193,000,000, to remain
available until September 30, 2013.
formerly utilized sites remedial action program
For expenses necessary to clean up contamination from sites in the
United States resulting from work performed as part of the Nation's
early atomic energy program, $109,000,000, to remain available until
expended.
flood control and coastal emergencies
For expenses necessary to prepare for flood, hurricane, and other
natural disasters and support emergency operations, repairs, and other
activities in response to such disasters as authorized by law,
$27,000,000, to remain available until expended.
expenses
For expenses necessary for the supervision and general
administration of the civil works program in the headquarters of the
Corps of Engineers and the offices of the Division Engineers; and for
costs of management and operation of the Humphreys Engineer Center
Support Activity, the Institute for Water Resources, the United States
Army Engineer Research and Development Center, and the United States
Army Corps of Engineers Finance Center allocable to the civil works
program, $185,000,000, to remain available until September 30, 2013, of
which not to exceed $5,000 may be used for official reception and
representation purposes and only during the current fiscal year:
Provided, That no part of any other appropriation provided in title I
of this Act shall be available to fund the civil works activities of
the Office of the Chief of Engineers or the civil works executive
direction and management activities of the division offices: Provided
further, That any Flood Control and Coastal Emergencies appropriation
may be used to fund the supervision and general administration of
emergency operations, repairs, and other activities in response to any
flood, hurricane, or other natural disaster.
office of the assistant secretary of the army for civil works
For the Office of the Assistant Secretary of the Army for Civil
Works as authorized by 10 U.S.C. 3016(b)(3), $5,000,000, to remain
available until September 30, 2013.
administrative provision
The Revolving Fund, Corps of Engineers, shall be available during
the current fiscal year for purchase (not to exceed 100 for replacement
only) and hire of passenger motor vehicles for the civil works program.
general provisions--corps of engineers--civil
(including transfers of funds)
Sec. 101. (a) None of the funds provided in title I of this Act, or
provided by previous appropriations Acts to the agencies or entities
funded in title I of this Act that remain available for obligation or
expenditure in fiscal year 2012, shall be available for obligation or
expenditure through a reprogramming of funds that:
(1) creates or initiates a new program, project, or activity;
(2) eliminates a program, project, or activity;
(3) increases funds or personnel for any program, project, or
activity for which funds have been denied or restricted by this
Act, unless prior approval is received from the House and Senate
Committees on Appropriations;
(4) proposes to use funds directed for a specific activity for
a different purpose, unless prior approval is received from the
House and Senate Committees on Appropriations;
(5) augments or reduces existing programs, projects or
activities in excess of the amounts contained in subsections 6
through 10, unless prior approval is received from the House and
Senate Committees on Appropriations;
(6) Investigations.--For a base level over $100,000,
reprogramming of 25 percent of the base amount up to a limit of
$150,000 per project, study or activity is allowed: Provided, That
for a base level less than $100,000, the reprogramming limit is
$25,000: Provided further, That up to $25,000 may be reprogrammed
into any continuing study or activity that did not receive an
appropriation for existing obligations and concomitant
administrative expenses;
(7) Construction.--For a base level over $2,000,000,
reprogramming of 15 percent of the base amount up to a limit of
$3,000,000 per project, study or activity is allowed: Provided,
That for a base level less than $2,000,000, the reprogramming limit
is $300,000: Provided further, That up to $3,000,000 may be
reprogrammed for settled contractor claims, changed conditions, or
real estate deficiency judgments: Provided further, That up to
$300,000 may be reprogrammed into any continuing study or activity
that did not receive an appropriation for existing obligations and
concomitant administrative expenses;
(8) Operation and maintenance.--Unlimited reprogramming
authority is granted in order for the Corps to be able to respond
to emergencies: Provided, That the Chief of Engineers must notify
the House and Senate Committees on Appropriations of these
emergency actions as soon thereafter as practicable: Provided
further, That for a base level over $1,000,000, reprogramming of 15
percent of the base amount a limit of $5,000,000 per project, study
or activity is allowed: Provided further, That for a base level
less than $1,000,000, the reprogramming limit is $150,000:
Provided further, That $150,000 may be reprogrammed into any
continuing study or activity that did not receive an appropriation;
(9) Mississippi river and tributaries.--The same reprogramming
guidelines for the Investigations, Construction, and Operation and
Maintenance portions of the Mississippi River and Tributaries
Account as listed above; and
(10) Formerly utilized sites remedial action program.--
Reprogramming of up to 15 percent of the base of the receiving
project is permitted.
(b) De Minimus Reprogrammings.--In no case should a reprogramming
for less than $50,000 be submitted to the House and Senate Committees
on Appropriations.
(c) Continuing Authorities Program.--Subsection (a)(1) shall not
apply to any project or activity funded under the continuing
authorities program.
(d) Not later than 60 days after the date of enactment of this Act,
the Corps of Engineers shall submit a report to the House and Senate
Committees on Appropriations to establish the baseline for application
of reprogramming and transfer authorities for the current fiscal year:
Provided, That the report shall include:
(1) A table for each appropriation with a separate column to
display the President's budget request, adjustments made by
Congress, adjustments due to enacted rescissions, if appropriate,
and the fiscal year enacted level;
(2) A delineation in the table for each appropriation both by
object class and program, project and activity as detailed in the
budget appendix for the respective appropriations; and
(3) An identification of items of special congressional
interest.
Sec. 102. None of the funds made available in this title may be
used to award or modify any contract that commits funds beyond the
amounts appropriated for that program, project, or activity that remain
unobligated, except that such amounts may include any funds that have
been made available through reprogramming pursuant to section 101.
Sec. 103. None of the funds in this Act, or previous Acts, making
funds available for Energy and Water Development, shall be used to
award any continuing contract that commits additional funding from the
Inland Waterways Trust Fund unless or until such time that a long-term
mechanism to enhance revenues in this Fund sufficient to meet the cost-
sharing authorized in the Water Resources Development Act of 1986
(Public Law 99-662) is enacted.
Sec. 104. Within 120 days of the date of the Chief of Engineers
Report on a water resource matter, the Assistant Secretary of the Army
(Civil Works) shall submit the report to the appropriate authorizing
and appropriating committees of the Congress.
Sec. 105. During the fiscal year period covered by this Act, the
Secretary of the Army is authorized to implement measures recommended
in the efficacy study authorized under section 3061 of the Water
Resources Development Act of 2007 (121 Stat. 1121) or in interim
reports, with such modifications or emergency measures as the Secretary
of the Army determines to be appropriate, to prevent aquatic nuisance
species from dispersing into the Great Lakes by way of any hydrologic
connection between the Great Lakes and the Mississippi River Basin.
Sec. 106. The Secretary is authorized to transfer to ``Corps of
Engineers--Civil--Construction'' up to $100,000,000 of the funds
provided for reinforcing or replacing flood walls under the heading
``Corps of Engineers--Civil--Flood Control and Coastal Emergencies'' in
Public Law 109-234 and Public Law 110-252 and up to $75,000,000 of the
funds provided for projects and measures for the West Bank and Vicinity
and Lake Ponchartrain and Vicinity projects under the heading ``Corps
of Engineers--Civil--Flood Control and Coastal Emergencies'' in Public
Law 110-28, to be used with funds provided for the West Bank and
Vicinity project under the heading ``Corps of Engineers--Civil--
Construction'' in Public Law 110-252 and Public Law 110-329, consistent
with 65 percent Federal and 35 percent non-Federal cost share and the
financing of, and payment terms for, the non-Federal cash contribution
associated with the West Bank and Vicinity project.
Sec. 107. The Secretary of the Army may transfer to the Fish and
Wildlife Service, and the Fish and Wildlife Service may accept and
expend, up to $3,800,000 of funds provided in this title under the
heading ``Operation and Maintenance'' to mitigate for fisheries lost
due to Corps of Engineers projects.
Sec. 108. The Secretary of the Army may authorize a member of the
Armed Forces under the Secretary's jurisdiction and employees of the
Department of the Army to serve without compensation as director,
officer, or otherwise in the management of the organization established
to support and maintain the participation of the United States in the
permanent international commission of the congresses of navigation, or
any successor entity.
Sec. 109. (a) Acquisition.--The Secretary is authorized to acquire
any real property and associated real property interests in the
vicinity of Hanover, New Hampshire as may be needed for the Engineer
Research and Development Center laboratory facilities at the Cold
Regions Research and Engineering Laboratory. This real property to be
acquired consists of 18.5 acres more or less, identified as Tracts 101-
1 and 101-2, together with all necessary easements located entirely
within the Town of Hanover, New Hampshire. The real property is
generally bounded to the east by state route 10-Lyme Road, to the north
by the vacant property of the Trustees of the Dartmouth College, to the
south by Fletcher Circle graduate student housing owned by the Trustees
of Dartmouth College, and to the west by approximately 9 acres of real
property acquired in fee through condemnation in 1981 by the Secretary
of the Army.
(b) Revolving Fund.--The Secretary is authorized to use the
Revolving Fund (33 U.S.C. 576) through the Plant Replacement and
Improvement Program to acquire the real property and associated real
property interests in subsection (a). The Secretary shall ensure that
the Revolving Fund is appropriately reimbursed from the benefitting
appropriations.
(c) Right of First Refusal.--The Secretary may provide the Seller
of any real property and associated property interests identified in
subsection (a)--
(1) a right of first refusal to acquire such property, or any
portion thereof, in the event the property, or any portion thereof,
is no longer needed by the Department of the Army.
(2) a right of first refusal to acquire any real property or
associated real property interests acquired by condemnation in
Civil Action No. 81-360-L, in the event the property, or any
portion thereof, is no longer needed by the Department of the Army.
(3) the purchase of any property by the Seller exercising
either right of first refusal authorized in this section shall be
for consideration acceptable to the Secretary and shall be for not
less than fair market value at the time the property becomes
available for purchase. The right of first refusal authorized in
this section shall not inure to the benefit of the Sellers
successors or assigns.
(d) Disposal.--The Secretary of the Army is authorized to dispose
of any property or associated real property interests that are subject
to the exercise of the right of first refusal as set forth herein.
Sec. 110. None of the funds made available in this Act may be used
by the Corps of Engineers to relocate, or study the relocation of, any
regional division headquarters of the Corps located at a military
installation or any permanent employees of such headquarters.
Sec. 111. (a) Section 5 of the Act entitled ``An Act authorizing
the construction of certain public works on rivers and harbors for
flood control, and for other purposes,'' approved June 22, 1936, (33
U.S.C. 701h), is amended by--
(1) inserting ``for work, which includes planning and design,''
before ``to be expended'';
(2) striking ``flood control or environmental restoration
work'' and inserting ``water resources development study or
project''; and
(3) inserting ``: Provided further, That the term `States'
means the several States, the District of Columbia, the
commonwealths, territories, and possessions of the United States,
and Federally recognized Indian tribes'' before the period.
(b) The Secretary shall notify the appropriate committees of
Congress prior to initiation of negotiations for accepting contributed
funds under 33 U.S.C. 701h.
Sec. 112. With respect to the property covered by the deed
described in Auditor's instrument No. 2006-014428 of Benton County,
Washington, approximately 1.5 acres, the following deed restrictions
are hereby extinguished and of no further force and effect:
(1) The reversionary interest and use restrictions related to
port and industrial purposes;
(2) The right for the District Engineer to review all pre-
construction plans and/or specifications pertaining to construction
and/or maintenance of any structure intended for human habitation,
if the elevation of the property is above the standard project
flood elevation; and
(3) The right of the District Engineer to object to, and
thereby prevent, in his/her discretion, such activity.
Sec. 113. That portion of the project for navigation, Block Island
Harbor of Refuge, Rhode Island adopted by the Rivers and Harbors Act of
July 11, 1870, consisting of the cut-stone breakwater lining the west
side of the Inner Basin; beginning at a point with coordinates
N32579.55, E312625.53, thence running northerly about 76.59 feet to a
point with coordinates N32655.92, E312631.32, thence running northerly
about 206.81 feet to a point with coordinates N32858.33, E312673.74,
thence running easterly about 109.00 feet to a point with coordinates
N32832.15, E312779.54, shall no longer be authorized after the date of
enactment.
Sec. 114. The Secretary of the Army, acting through the Chief of
Engineers, is authorized, using amounts available in the Revolving Fund
established by section 101 of the Act of July 27, 1953, chap. 245 (33
U.S.C. 576), to construct a Consolidated Infrastructure Research
Equipment Facility, an Environmental Processes and Risk Lab, a
Hydraulic Research Facility, an Engineer Research and Development
Center headquarters building, a Modular Hydraulic Flume building, and
to purchase real estate, perform construction, and make facility,
utility, street, road, and infrastructure improvements to the Engineer
Research and Development Center's installations and facilities. The
Secretary shall ensure that the Revolving Fund is appropriately
reimbursed from the benefitting appropriations.
Sec. 115. Section 1148 of the Water Resources Development Act of
1986 (100 Stat. 4254; 110 Stat. 3718; 114 Stat. 2609) is amended by
striking subsection (b) and inserting the following:
``(b) Disposition of Acquired Land.--The Secretary may transfer
land acquired under this section to the non-Federal sponsor by
quitclaim deed subject to such terms and conditions as the Secretary
determines to be in the public interest.''.
Sec. 116. The New London Disposal Site and the Cornfield Shoals
Disposal Site in Long Island Sound selected by the Department of the
Army as alternative dredged material disposal sites under section
103(b) of the Marine Protection, Research, and Sanctuaries Act of 1972,
as amended, shall remain open for 5 years after enactment of this Act
to allow for completion of a Supplemental Environmental Impact
Statement to support final designation of an Ocean Dredged Material
Disposal Site in eastern Long Island Sound under section 102(c) of the
Marine Protection, Research, and Sanctuaries Act of 1972.
Sec. 117. (a) That portion of the project for navigation, Newport
Harbor, Rhode Island adopted by the Rivers and Harbors Acts of March 2,
1907 (34 Stat. 1075); June 25, 1910 (36 Stat. 632); August 26, 1937 (50
Stat. 845); and, modified by the Consolidated Appropriations Act, 2000,
Public Law 106-113, appendix E, title II, section 221 (113 Stat. 1501A-
298); consisting of a 13-foot anchorage, an 18-foot anchorage, a 21-
foot channel, and 18-foot channels described by the following shall no
longer be authorized after the date of enactment of this Act: the 21-
Foot Entrance Channel, beginning at a point (1) with coordinates
374986.03, 150611.01; thence running south 46 degrees 54 minutes 30.7
seconds east 900.01 feet to a point (2) with coordinates 375643.27,
149996.16; thence running south 8 degrees 4 minutes 58.3 east 2,376.87
feet to a point (3) with coordinates 375977.47, 147643.00; thence
running south 4 degrees 28 minutes 20.4 seconds west 738.56 feet to a
point (4) with coordinates 375919.88, 146906.60; thence running south 6
degrees 2 minutes 42.4 seconds east 1,144.00 feet to a point (5) with
coordinates 376040.35, 145768.96; thence running south 34 degrees 5
minutes 51.7 seconds west 707.11 feet to a point (6) with coordinates
375643.94, 145183.41; thence running south 73 degrees 11 minutes 42.9
seconds west 1,300.00 feet to the end point (7) with coordinates
374399.46, 144807.57; Returning at a point with coordinates (8) with
coordinates 374500.64, 144472.51; thence running north 73 degrees 11
minutes 42.9 seconds east 1,582.85 feet to a point (9) with coordinates
376015.90, 144930.13; thence running north 34 degrees 5 minutes 51.7
seconds east 615.54 feet to a point (10) with coordinates 376360.97,
145439.85; thence running north 2 degrees 10 minutes 43.3 seconds west
2,236.21 feet to a point (11) with coordinates 376275.96, 147674.45;
thence running north 8 degrees 4 minutes 55.6 seconds west 2,652.83
feet to a point (12) with coordinates 375902.99, 150300.93; thence
running north 46 degrees 54 minutes 30.7 seconds west 881.47 feet to an
end point (13) with coordinates 375259.29, 150903.12; and the 18-Foot
South Goat Island Channel beginning at a point (14) with coordinates
375509.09, 149444.83; thence running south 25 degrees 44 minutes 0.5
second east 430.71 feet to a point (15) with coordinates 375696.10,
149056.84; thence running south 10 degrees 13 minutes 27.4 seconds east
1,540.89 feet to a point (16) with coordinates 375969.61, 147540.41;
thence running south 4 degrees 29 minutes 11.3 seconds west 1,662.92
feet to a point (17) with coordinates 375839.53, 145882.59; thence
running south 34 degrees 5 minutes 51.7 seconds west 547.37 feet to a
point (18) with coordinates 375532.67, 145429.32; thence running south
86 degrees 47 minutes 37.7 seconds west 600.01 feet to an end point
(19) with coordinates 374933.60, 145395.76; and the 18-Foot Entrance
Channel beginning at a point (20) with coordinates 374567.14,
144252.33; thence running north 73 degrees 11 minutes 42.9 seconds east
1,899.22 feet to a point (21) with coordinates 376385.26, 144801.42;
thence running north 2 degrees 10 minutes 41.5 seconds west 638.89 feet
to an end point (10) with coordinates 376360.97, 145439.85; and the 18-
Foot South Anchorage beginning at a point (22) with coordinates
376286.81, 147389.37; thence running north 78 degrees 56 minutes 15.6
seconds east 404.86 feet to a point (23) with coordinates 376684.14,
147467.05; thence running north 78 degrees 56 minutes 15.6 seconds east
1,444.33 feet to a point (24) with coordinates 378101.63, 147744.18;
thence running south 5 degrees 18 minutes 43.8 seconds west 1,228.20
feet to a point (25) with coordinates 377987.92, 146521.26; thence
running south 3 degrees 50 minutes 3.4 seconds east 577.84 feet to a
point (26) with coordinates 378026.56, 145944.71; thence running south
44 degrees 32 minutes 14.7 seconds west 2,314.09 feet to a point (27)
with coordinates 376403.52, 144295.24 thence running south 60 degrees 5
minutes 58.2 seconds west 255.02 feet to an end point (28) with
coordinates 376182.45, 144168.12; and the 13-Foot Anchorage beginning
at a point (29) with coordinates 376363.39, 143666.99; thence running
north 63 degrees 34 minutes 19.3 seconds east 1,962.37 feet to a point
(30) with coordinates 378120.68, 144540.38; thence running north 3
degrees 50 minutes 3.1 seconds west 1,407.47 feet to an end point (26)
with coordinates 378026.56, 145944.71; and the 18-Foot East Channel
beginning at a point (23) with coordinates 376684.14, 147467.05; thence
running north 2 degrees 10 minutes 43.3 seconds west 262.95 feet to a
point (31) with coordinates 376674.14, 147729.81; thence running north
9 degrees 42 minutes 20.3 seconds west 301.35 feet to a point (32) with
coordinates 376623.34, 148026.85; thence running south 80 degrees 17
minutes 42.4 seconds west 313.6 feet to a point (33) with coordinates
376314.23, 147973.99; thence running north 7 degrees 47 minutes 21.9
seconds west 776.24 feet to an end point (34) with coordinates
376209.02, 148743.06; and the 18-Foot North Anchorage beginning at a
point (35) with coordinates 376123.98, 148744.69; thence running south
88 degrees 54 minutes 16.2 seconds east 377.90 feet to a point (36)
with coordinates 376501.82, 148737.47; thence running north 9 degrees
42 minutes 19.0 seconds west 500.01 feet to a point (37) with
coordinates 376417.52, 149230.32; thence running north 6 degrees 9
minutes 53.2 seconds west 1,300.01 feet to an end point (38) with
coordinates 376277.92, 150522.81.
(b) The area described by the following shall be redesignated as an
eighteen-foot channel and turning basin: Beginning at a point (1) with
coordinates N144759.41, E374413.16; thence running north 73 degrees 11
minutes 42.9 seconds east 1,252.88 feet to a point (2) with coordinates
N145121.63, E375612.53; thence running north 26 degrees 29 minutes 48.1
seconds east 778.89 feet to a point (3) with coordinates N145818.71,
E375960.04; thence running north 0 degrees 3 minutes 38.1 seconds west
1,200.24 feet to a point (4) with coordinates N147018.94, E375958.77;
thence running north 2 degrees 22 minutes 45.2 seconds east 854.35 feet
to a point (5) with coordinates N147872.56, E375994.23; thence running
north 7 degrees 47 minutes 21.9 seconds west 753.83 feet to a point (6)
with coordinates N148619.44, E375892.06; thence running north 88
degrees 46 minutes 16.7 seconds east 281.85 feet to a point (7) with
coordinates N148625.48, E376173.85; thence running south 7 degrees 47
minutes 21.9 seconds east 716.4 feet to a point (8) with coordinates
N147915.69, E376270.94; thence running north 80 degrees 17 minutes 42.3
seconds east 315.3 feet to a point (9) with coordinates N147968.85,
E.76581.73; thence running south 9 degrees 42 minutes 20.3 seconds east
248.07 feet to a point (10) with coordinates N147724.33, E376623.55;
thence running south 2 degrees 10 minutes 43.3 seconds east 318.09 feet
to a point (11) with coordinates N147406.47, E376635.64; thence running
north 78 degrees 56 minutes 15.6 seconds east 571.11 feet to a point
(12) with coordinates N147516.06, E377196.15; thence running south 88
degrees 57 minutes 2.3 seconds east 755.09 feet to a point (13) with
coordinates N147502.23, E377951.11; thence running south 1 degree 2
minutes 57.7 seconds west 100.00 feet to a point (14) with coordinates
N147402.25, E377949.28; thence running north 88 degrees 57 minutes 2.3
seconds west 744.48 feet to a point (15) with coordinates N147415.88,
E377204.92; thence running south 78 degrees 56 minutes 15.6 seconds
west 931.17 feet to a point (16) with coordinates N147237.21,
E376291.06; thence running south 39 degrees 26 minutes 18.7 seconds
west 208.34 feet to a point (17) with coordinates N147076.31,
E376158.71; thence running south 0 degrees 3 minutes 38.1 seconds east
1,528.26 feet to a point (18) with coordinates N145548.05, E376160.32;
thence running south 26 degrees 29 minutes 48.1 seconds west 686.83
feet to a point (19) with coordinates N144933.37, E375853.90; thence
running south 73 degrees 11 minutes 42.9 seconds west 1,429.51 feet to
end at a point (20) with coordinates N144520.08, E374485.44.
Sec. 118. None of the funds made available to the Corps of
Engineers by this Act may be used for the removal or associated
mitigation of Federal Energy Regulatory Commission Project number 2342.
Sec. 119. None of the funds made available by this Act may be used
for the study of the Missouri River Projects authorized in section 108
of the Energy and Water Development and Related Agencies Appropriations
Act, 2009 (division C of Public Law 111-8).
Sec. 120. None of the funds made available in this Act may be used
to continue the study conducted by the Army Corps of Engineers pursuant
to section 5018(a)(1) of the Water Resources Development Act of 2007.
TITLE II
DEPARTMENT OF THE INTERIOR
Central Utah Project
central utah project completion account
For carrying out activities authorized by the Central Utah Project
Completion Act, $27,154,000, to remain available until expended, of
which $2,000,000 shall be deposited into the Utah Reclamation
Mitigation and Conservation Account for use by the Utah Reclamation
Mitigation and Conservation Commission. In addition, for necessary
expenses incurred in carrying out related responsibilities of the
Secretary of the Interior, $1,550,000. For fiscal year 2012, the
Commission may use an amount not to exceed $1,500,000 for
administrative expenses.
Bureau of Reclamation
The following appropriations shall be expended to execute
authorized functions of the Bureau of Reclamation:
water and related resources
(including transfers of funds)
For management, development, and restoration of water and related
natural resources and for related activities, including the operation,
maintenance, and rehabilitation of reclamation and other facilities,
participation in fulfilling related Federal responsibilities to Native
Americans, and related grants to, and cooperative and other agreements
with, State and local governments, federally recognized Indian tribes,
and others, $895,000,000, to remain available until expended, of which
$10,698,000 shall be available for transfer to the Upper Colorado River
Basin Fund and $6,136,000 shall be available for transfer to the Lower
Colorado River Basin Development Fund; of which such amounts as may be
necessary may be advanced to the Colorado River Dam Fund: Provided,
That such transfers may be increased or decreased within the overall
appropriation under this heading: Provided further, That of the total
appropriated, the amount for program activities that can be financed by
the Reclamation Fund or the Bureau of Reclamation special fee account
established by 16 U.S.C. 460l-6a(i) shall be derived from that Fund or
account: Provided further, That funds contributed under 43 U.S.C. 395
are available until expended for the purposes for which contributed:
Provided further, That funds advanced under 43 U.S.C. 397a shall be
credited to this account and are available until expended for the same
purposes as the sums appropriated under this heading: Provided
further, That of the amounts provided herein, funds may be used for
high priority projects which shall be carried out by the Youth
Conservation Corps, as authorized by 16 U.S.C. 1706.
central valley project restoration fund
For carrying out the programs, projects, plans, habitat
restoration, improvement, and acquisition provisions of the Central
Valley Project Improvement Act, $53,068,000, to be derived from such
sums as may be collected in the Central Valley Project Restoration Fund
pursuant to sections 3407(d), 3404(c)(3), and 3405(f) of Public Law
102-575, to remain available until expended: Provided, That the Bureau
of Reclamation is directed to assess and collect the full amount of the
additional mitigation and restoration payments authorized by section
3407(d) of Public Law 102-575: Provided further, That none of the
funds made available under this heading may be used for the acquisition
or leasing of water for in-stream purposes if the water is already
committed to in-stream purposes by a court adopted decree or order.
california bay-delta restoration
(including transfers of funds)
For carrying out activities authorized by the Water Supply,
Reliability, and Environmental Improvement Act, consistent with plans
to be approved by the Secretary of the Interior, $39,651,000, to remain
available until expended, of which such amounts as may be necessary to
carry out such activities may be transferred to appropriate accounts of
other participating Federal agencies to carry out authorized purposes:
Provided, That funds appropriated herein may be used for the Federal
share of the costs of CALFED Program management: Provided further,
That the use of any funds provided to the California Bay-Delta
Authority for program-wide management and oversight activities shall be
subject to the approval of the Secretary of the Interior: Provided
further, That CALFED implementation shall be carried out in a balanced
manner with clear performance measures demonstrating concurrent
progress in achieving the goals and objectives of the Program.
policy and administration
For necessary expenses of policy, administration, and related
functions in the Office of the Commissioner, the Denver office, and
offices in the five regions of the Bureau of Reclamation, to remain
available until September 30, 2013, $60,000,000, to be derived from the
Reclamation Fund and be nonreimbursable as provided in 43 U.S.C. 377:
Provided, That no part of any other appropriation in this Act shall be
available for activities or functions budgeted as policy and
administration expenses.
administrative provision
Appropriations for the Bureau of Reclamation shall be available for
purchase of not to exceed five passenger motor vehicles, which are for
replacement only.
GENERAL PROVISIONS--DEPARTMENT OF THE INTERIOR
Sec. 201. (a) None of the funds provided in title II of this Act
for Water and Related Resources, or provided by previous appropriations
Acts to the agencies or entities funded in title II of this Act for
Water and Related Resources that remain available for obligation or
expenditure in fiscal year 2012, shall be available for obligation or
expenditure through a reprogramming of funds that--
(1) initiates or creates a new program, project, or activity;
(2) eliminates a program, project, or activity;
(3) increases funds for any program, project, or activity for
which funds have been denied or restricted by this Act, unless
prior approval is received from the Committees on Appropriations of
the House of Representatives and the Senate;
(4) restarts or resumes any program, project or activity for
which funds are not provided in this Act, unless prior approval is
received from the Committees on Appropriations of the House of
Representatives and the Senate;
(5) transfers funds in excess of the following limits, unless
prior approval is received from the Committees on Appropriations of
the House of Representatives and the Senate:
(A) 15 percent for any program, project or activity for
which $2,000,000 or more is available at the beginning of the
fiscal year; or
(B) $300,000 for any program, project or activity for which
less than $2,000,000 is available at the beginning of the
fiscal year;
(6) transfers more than $500,000 from either the Facilities
Operation, Maintenance, and Rehabilitation category or the
Resources Management and Development category to any program,
project, or activity in the other category, unless prior approval
is received from the Committees on Appropriations of the House of
Representatives and the Senate; or
(7) transfers, where necessary to discharge legal obligations
of the Bureau of Reclamation, more than $5,000,000 to provide
adequate funds for settled contractor claims, increased contractor
earnings due to accelerated rates of operations, and real estate
deficiency judgments, unless prior approval is received from the
Committees on Appropriations of the House of Representatives and
the Senate.
(b) Subsection (a)(5) shall not apply to any transfer of funds
within the Facilities Operation, Maintenance, and Rehabilitation
category.
(c) For purposes of this section, the term ``transfer'' means any
movement of funds into or out of a program, project, or activity.
(d) The Bureau of Reclamation shall submit reports on a quarterly
basis to the Committees on Appropriations of the House of
Representatives and the Senate detailing all the funds reprogrammed
between programs, projects, activities, or categories of funding. The
first quarterly report shall be submitted not later than 60 days after
the date of enactment of this Act.
Sec. 202. (a) None of the funds appropriated or otherwise made
available by this Act may be used to determine the final point of
discharge for the interceptor drain for the San Luis Unit until
development by the Secretary of the Interior and the State of
California of a plan, which shall conform to the water quality
standards of the State of California as approved by the Administrator
of the Environmental Protection Agency, to minimize any detrimental
effect of the San Luis drainage waters.
(b) The costs of the Kesterson Reservoir Cleanup Program and the
costs of the San Joaquin Valley Drainage Program shall be classified by
the Secretary of the Interior as reimbursable or nonreimbursable and
collected until fully repaid pursuant to the ``Cleanup Program-
Alternative Repayment Plan'' and the ``SJVDP-Alternative Repayment
Plan'' described in the report entitled ``Repayment Report, Kesterson
Reservoir Cleanup Program and San Joaquin Valley Drainage Program,
February 1995'', prepared by the Department of the Interior, Bureau of
Reclamation. Any future obligations of funds by the United States
relating to, or providing for, drainage service or drainage studies for
the San Luis Unit shall be fully reimbursable by San Luis Unit
beneficiaries of such service or studies pursuant to Federal
reclamation law.
Sec. 203. Section 529(b)(3) of Public Law 106-541, as amended by
section 115 of Public Law 109-103, is further amended by striking
``$20,000,000'' and inserting ``$30,000,000'' in lieu thereof.
Sec. 204. Section 8 of the Water Desalination Act of 1996 (42
U.S.C. 10301 note; Public Law 104-298) is amended--
(1) in subsection (a), in the first sentence, by striking
``2011'' and inserting ``2013''; and
(2) in subsection (b), by striking ``$25,000,000 for fiscal
years 1997 through 2011'' and inserting ``$3,000,000 for each of
fiscal years 2012 through 2013''.
Sec. 205. The Federal policy for addressing California's water
supply and environmental issues related to the Bay-Delta shall be
consistent with State law, including the co-equal goals of providing a
more reliable water supply for the State of California and protecting,
restoring, and enhancing the Delta ecosystem. The Secretary of the
Interior, the Secretary of Commerce, the Army Corps of Engineers and
the Environmental Protection Agency Administrator shall jointly
coordinate the efforts of the relevant agencies and work with the State
of California and other stakeholders to complete and issue the Bay
Delta Conservation Plan Final Environmental Impact Statement no later
than February 15, 2013. Nothing herein modifies existing requirements
of Federal law.
Sec. 206. The Secretary of the Interior may participate in non-
Federal groundwater banking programs to increase the operational
flexibility, reliability, and efficient use of water in the State of
California, and this participation may include making payment for the
storage of Central Valley Project water supplies, the purchase of
stored water, the purchase of shares or an interest in ground banking
facilities, or the use of Central Valley Project water as a medium of
payment for groundwater banking services: Provided, That the Secretary
of the Interior shall participate in groundwater banking programs only
to the extent allowed under State law and consistent with water rights
applicable to the Central Valley Project: Provided further, That any
water user to which banked water is delivered shall pay for such water
in the same manner provided by that water user's then-current Central
Valley Project water service, repayment, or water rights settlement
contract at the rate provided by the then-current Central-Valley
Project Irrigation or Municipal and Industrial Rate Setting Policies;
and: Provided further, That in implementing this section, the
Secretary of the Interior shall comply with applicable environmental
laws, including the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.) and the Endangered Species Act of 1973 (16 U.S.C.
1531 et seq.) Nothing herein shall alter or limit the Secretary's
existing authority to use groundwater banking to meet existing fish and
wildlife obligations.
Sec. 207. (a) Subject to compliance with all applicable Federal and
State laws, a transfer of irrigation water among Central Valley Project
contractors from the Friant, San Felipe, West San Joaquin, and Delta
divisions, and a transfer from a long-term Friant Division water
service or repayment contractor to a temporary or prior temporary
service contractors within the place of use in existence on the date of
the transfer, as identified in the Bureau of Reclamation water rights
permits for the Friant Division, shall be considered to meet the
conditions described in subparagraphs (A) and (I) of section 3405(a)(1)
of the Reclamation Projects Authorization and Adjustment Act of 1992
(Public Law 102-575; 106 Stat. 4709).
(b) The Secretary of the Interior, acting through the Director of
the United States Fish and Wildlife Service and the Commissioner of the
Bureau of Reclamation shall initiate and complete, on the most
expedited basis practicable, programmatic environmental compliance so
as to facilitate voluntary water transfers within the Central Valley
Project, consistent with all applicable Federal and State law.
(c) Not later than 180 days after the date of enactment of this Act
and each of the 4 years thereafter, the Commissioner of the Bureau of
Reclamation shall submit to the committee on Appropriations of the
House of Representatives and the Committee on Appropriations of the
Senate a report that describes the status of efforts to help facilitate
and improve the water transfers within the Central Valley Project and
water transfers between the Central Valley Project and other water
projects in the State of California; evaluates potential effects of
this Act on Federal programs, Indian tribes, Central Valley Project
operations, the environment, groundwater aquifers, refuges, and
communities; and provides recommendations on ways to facilitate and
improve the process for these transfers.
Sec. 208. (a) Permitted Uses.--Section 2507(b) of the Farm Security
and Rural Investment Act of 2002 (43 U.S.C. 2211 note; Public Law 107-
171) is amended--
(1) in the matter preceding paragraph (1), by striking ``In any
case in which there are willing sellers'' and inserting ``For the
benefit of at-risk natural desert terminal lakes and associated
riparian and watershed resources, in any case in which there are
willing sellers or willing participants'';
(2) in paragraph (2), by striking ``in the Walker River'' and
all that follows through ``119 Stat. 2268)''; and
(3) in paragraph (3), by striking ``in the Walker River
Basin''.
(b) Walker Basin Restoration Program.--Section 208(b) of the Energy
and Water Development and Related Agencies Appropriations Act, 2010
(Public Law 111-85; 123 Stat. 2858) is amended--
(1) in paragraph (1)(B)(iv), by striking ``exercise water
rights'' and inserting ``manage land, water appurtenant to the
land, and related interests''; and
(2) in paragraph (2)(A), by striking ``The amount made
available under subsection (a)(1) shall be provided to the National
Fish and Wildlife Foundation'' and inserting ``Any amount made
available to the National Fish and Wildlife Foundation under
subsection (a) shall be provided''.
TITLE III
DEPARTMENT OF ENERGY
ENERGY PROGRAMS
Energy Efficiency and Renewable Energy
(including rescission of funds)
For Department of Energy expenses including the purchase,
construction, and acquisition of plant and capital equipment, and other
expenses necessary for energy efficiency and renewable energy
activities in carrying out the purposes of the Department of Energy
Organization Act (42 U.S.C. 7101 et seq.), including the acquisition or
condemnation of any real property or any facility or for plant or
facility acquisition, construction, or expansion, $1,825,000,000, to
remain available until expended: Provided, That $165,000,000 shall be
available until September 30, 2013 for program direction: Provided
further, That for the purposes of allocating weatherization assistance
funds appropriated by this Act to States and tribes, the Secretary of
Energy may waive the allocation formula established pursuant to section
414(a) of the Energy Conservation and Production Act (42 U.S.C.
6864(a)): Provided further, That of the unobligated balances available
under this heading, $9,909,000 are hereby rescinded: Provided further,
That no amounts may be rescinded from amounts that were designated by
the Congress as an emergency requirement pursuant to the Concurrent
Resolution on the Budget or the Balanced Budget and Emergency Deficit
Control Act of 1985.
Electricity Delivery and Energy Reliability
For Department of Energy expenses including the purchase,
construction, and acquisition of plant and capital equipment, and other
expenses necessary for electricity delivery and energy reliability
activities in carrying out the purposes of the Department of Energy
Organization Act (42 U.S.C. 7101 et seq.), including the acquisition or
condemnation of any real property or any facility or for plant or
facility acquisition, construction, or expansion, $139,500,000, to
remain available until expended: Provided, That $27,010,000 shall be
available until September 30, 2013 for program direction.
Nuclear Energy
For Department of Energy expenses including the purchase,
construction, and acquisition of plant and capital equipment, and other
expenses necessary for nuclear energy activities in carrying out the
purposes of the Department of Energy Organization Act (42 U.S.C. 7101
et seq.), including the acquisition or condemnation of any real
property or any facility or for plant or facility acquisition,
construction, or expansion, and the purchase of not more than 10 buses,
all for replacement only, $768,663,000, to remain available until
expended: Provided, That $91,000,000 shall be available until
September 30, 2013 for program direction.
Fossil Energy Research and Development
(including rescission of funds)
For necessary expenses in carrying out fossil energy research and
development activities, under the authority of the Department of Energy
Organization Act (Public Law 95-91), including the acquisition of
interest, including defeasible and equitable interests in any real
property or any facility or for plant or facility acquisition or
expansion, and for conducting inquiries, technological investigations
and research concerning the extraction, processing, use, and disposal
of mineral substances without objectionable social and environmental
costs (30 U.S.C. 3, 1602, and 1603), $534,000,000, to remain available
until expended: Provided, That $120,000,000 shall be available until
September 30, 2013 for program direction: Provided further, That for
all programs funded under Fossil Energy appropriations in this Act or
any other Act, the Secretary may vest fee title or other property
interests acquired under projects in any entity, including the United
States: Provided further, That of prior-year balances, $187,000,000
are hereby rescinded: Provided further, That no rescission made by the
previous proviso shall apply to any amount previously appropriated in
Public Law 111-5 or designated by the Congress as an emergency
requirement pursuant to a concurrent resolution on the budget or the
Balanced Budget and Emergency Deficit Control Act of 1985.
Naval Petroleum and Oil Shale Reserves
For expenses necessary to carry out naval petroleum and oil shale
reserve activities, $14,909,000, to remain available until expended:
Provided, That, notwithstanding any other provision of law, unobligated
funds remaining from prior years shall be available for all naval
petroleum and oil shale reserve activities.
Strategic Petroleum Reserve
For necessary expenses for Strategic Petroleum Reserve facility
development and operations and program management activities pursuant
to the Energy Policy and Conservation Act of 1975, as amended (42
U.S.C. 6201 et seq.), $192,704,000, to remain available until expended.
SPR Petroleum Account
(including rescission of funds)
Of the amounts deposited in the SPR Petroleum Account established
under section 167 of the Energy Policy and Conservation Act (42 U.S.C.
6247) in fiscal year 2011 which remain available for obligation under
that section, $500,000,000 are hereby permanently rescinded.
Northeast Home Heating Oil Reserve
(including rescission of funds)
For necessary expenses for Northeast Home Heating Oil Reserve
storage, operation, and management activities pursuant to the Energy
Policy and Conservation Act, $10,119,000, to remain available until
expended: Provided, That amounts net of the purchase of 1 million
barrels of petroleum distillates in fiscal year 2012; costs related to
transportation, delivery, and storage; and sales of petroleum
distillate from the Reserve under section 182 of the Energy Policy and
Conservation Act (42 U.S.C. 6250a) are hereby permanently rescinded:
Provided further, That notwithstanding section 181 of the Energy Policy
and Conservation Act (42 U.S.C. 6250), for fiscal year 2012 and
hereafter, the Reserve shall contain no more than 1 million barrels of
petroleum distillate.
Energy Information Administration
For necessary expenses in carrying out the activities of the Energy
Information Administration, $105,000,000, to remain available until
expended.
Non-defense Environmental Cleanup
For Department of Energy expenses, including the purchase,
construction, and acquisition of plant and capital equipment and other
expenses necessary for non-defense environmental cleanup activities in
carrying out the purposes of the Department of Energy Organization Act
(42 U.S.C. 7101 et seq.), including the acquisition or condemnation of
any real property or any facility or for plant or facility acquisition,
construction, or expansion, $235,721,000, to remain available until
expended.
Uranium Enrichment Decontamination and Decommissioning Fund
For necessary expenses in carrying out uranium enrichment facility
decontamination and decommissioning, remedial actions, and other
activities of title II of the Atomic Energy Act of 1954, and title X,
subtitle A, of the Energy Policy Act of 1992, $472,930,000, to be
derived from the Uranium Enrichment Decontamination and Decommissioning
Fund, to remain available until expended.
Science
For Department of Energy expenses including the purchase,
construction, and acquisition of plant and capital equipment, and other
expenses necessary for science activities in carrying out the purposes
of the Department of Energy Organization Act (42 U.S.C. 7101 et seq.),
including the acquisition or condemnation of any real property or
facility or for plant or facility acquisition, construction, or
expansion, and purchase of not more than 49 passenger motor vehicles
for replacement only, including one ambulance and one bus,
$4,889,000,000, to remain available until expended: Provided, That
$185,000,000 shall be available until September 30, 2013 for program
direction.
Advanced Research Projects Agency--Energy
For necessary expenses in carrying out the activities authorized by
section 5012 of the America COMPETES Act (Public Law 110-69), as
amended, $275,000,000: Provided, That $20,000,000 shall be available
until September 30, 2013 for program direction.
Title 17 Innovative Technology Loan Guarantee Program
Such sums as are derived from amounts received from borrowers
pursuant to section 1702(b)(2) of the Energy Policy Act of 2005 under
this heading in prior Acts, shall be collected in accordance with
section 502(7) of the Congressional Budget Act of 1974: Provided, That
for necessary administrative expenses to carry out this Loan Guarantee
program, $38,000,000, is appropriated, to remain available until
expended: Provided further, That $38,000,000 of the fees collected
pursuant to section 1702(h) of the Energy Policy Act of 2005 shall be
credited as offsetting collections to this account to cover
administrative expenses and shall remain available until expended, so
as to result in a final fiscal year 2012 appropriation from the general
fund estimated at not more than $0: Provided further, That fees
collected under section 1702(h) in excess of the amount appropriated
for administrative expenses shall not be available until appropriated.
Advanced Technology Vehicles Manufacturing Loan Program
For administrative expenses in carrying out the Advanced Technology
Vehicles Manufacturing Loan Program, $6,000,000, to remain available
until expended.
Departmental Administration
For salaries and expenses of the Department of Energy necessary for
departmental administration in carrying out the purposes of the
Department of Energy Organization Act (42 U.S.C. 7101 et seq.),
including the hire of passenger motor vehicles and official reception
and representation expenses not to exceed $30,000, $237,623,000, to
remain available until September 30, 2013, plus such additional amounts
as necessary to cover increases in the estimated amount of cost of work
for others notwithstanding the provisions of the Anti-Deficiency Act
(31 U.S.C. 1511 et seq.): Provided, That such increases in cost of
work are offset by revenue increases of the same or greater amount, to
remain available until expended: Provided further, That moneys
received by the Department for miscellaneous revenues estimated to
total $111,623,000 in fiscal year 2012 may be retained and used for
operating expenses within this account, and may remain available until
expended, as authorized by section 201 of Public Law 95-238,
notwithstanding the provisions of 31 U.S.C. 3302: Provided further,
That the sum herein appropriated shall be reduced by the amount of
miscellaneous revenues received during 2012, and any related
appropriated receipt account balances remaining from prior years'
miscellaneous revenues, so as to result in a final fiscal year 2012
appropriation from the general fund estimated at not more than
$126,000,000.
Office of the Inspector General
For necessary expenses of the Office of the Inspector General in
carrying out the provisions of the Inspector General Act of 1978, as
amended, $42,000,000, to remain available until expended.
ATOMIC ENERGY DEFENSE ACTIVITIES
NATIONAL NUCLEAR SECURITY ADMINISTRATION
Weapons Activities
For Department of Energy expenses, including the purchase,
construction, and acquisition of plant and capital equipment and other
incidental expenses necessary for atomic energy defense weapons
activities in carrying out the purposes of the Department of Energy
Organization Act (42 U.S.C. 7101 et seq.), including the acquisition or
condemnation of any real property or any facility or for plant or
facility acquisition, construction, or expansion, the purchase of not
to exceed one ambulance and one aircraft; $7,233,997,000, to remain
available until expended: Provided, That of such amount not more than
$89,425,000 may be made available for the B-61 Life Extension Program
until the Administrator of the National Nuclear Security Administration
submits to the Committees on Appropriations of the House of
Representatives and the Senate a final report on the Phase 6.2a design
definition and cost study.
Defense Nuclear Nonproliferation
(including rescission of funds)
For Department of Energy expenses, including the purchase,
construction, and acquisition of plant and capital equipment and other
incidental expenses necessary for defense nuclear nonproliferation
activities, in carrying out the purposes of the Department of Energy
Organization Act (42 U.S.C. 7101 et seq.), including the acquisition or
condemnation of any real property or any facility or for plant or
facility acquisition, construction, or expansion, and the purchase of
not to exceed one passenger motor vehicle for replacement only,
$2,324,303,000, to remain available until expended: Provided, That of
the unobligated balances available under this heading, $21,000,000 are
hereby rescinded: Provided further, That no amounts may be rescinded
from amounts that were designated by the Congress as an emergency
requirement pursuant to the Concurrent Resolution on the Budget or the
Balanced Budget and Emergency Deficit Control Act of 1985.
Naval Reactors
For Department of Energy expenses necessary for naval reactors
activities to carry out the Department of Energy Organization Act (42
U.S.C. 7101 et seq.), including the acquisition (by purchase,
condemnation, construction, or otherwise) of real property, plant, and
capital equipment, facilities, and facility expansion, $1,080,000,000,
to remain available until expended: Provided, That $40,000,000 shall
be available until September 30, 2013 for program direction.
Office of the Administrator
For necessary expenses of the Office of the Administrator in the
National Nuclear Security Administration, including official reception
and representation expenses not to exceed $12,000, $410,000,000, to
remain available until September 30, 2013.
ENVIRONMENTAL AND OTHER DEFENSE ACTIVITIES
Defense Environmental Cleanup
For Department of Energy expenses, including the purchase,
construction, and acquisition of plant and capital equipment and other
expenses necessary for atomic energy defense environmental cleanup
activities in carrying out the purposes of the Department of Energy
Organization Act (42 U.S.C. 7101 et seq.), including the acquisition or
condemnation of any real property or any facility or for plant or
facility acquisition, construction, or expansion, and the purchase of
not to exceed one ambulance and one fire truck for replacement only,
$5,023,000,000, to remain available until expended: Provided, That
$321,628,000 shall be available until September 30, 2013 for program
direction.
Other Defense Activities
For Department of Energy expenses, including the purchase,
construction, and acquisition of plant and capital equipment and other
expenses, necessary for atomic energy defense, other defense
activities, and classified activities, in carrying out the purposes of
the Department of Energy Organization Act (42 U.S.C. 7101 et seq.),
including the acquisition or condemnation of any real property or any
facility or for plant or facility acquisition, construction, or
expansion, and the purchase of not to exceed 10 passenger motor
vehicles for replacement only, $823,364,000: Provided, That
$114,086,000 shall be available until September 30, 2013 for program
direction.
POWER MARKETING ADMINISTRATIONS
Bonneville Power Administration Fund
Expenditures from the Bonneville Power Administration Fund,
established pursuant to Public Law 93-454, are approved for the
Kootenai River Native Fish Conservation Aquaculture Program, Lolo Creek
Permanent Weir Facility, and Improving Anadromous Fish production on
the Warm Springs Reservation, and, in addition, for official reception
and representation expenses in an amount not to exceed $7,000. During
fiscal year 2012, no new direct loan obligations may be made.
Operation and Maintenance, Southeastern Power Administration
For necessary expenses of operation and maintenance of power
transmission facilities and of marketing electric power and energy,
including transmission wheeling and ancillary services pursuant to
section 5 of the Flood Control Act of 1944 (16 U.S.C. 825s), as applied
to the southeastern power area, $8,428,000, to remain available until
expended: Provided, That notwithstanding 31 U.S.C. 3302 and section 5
of the Flood Control Act of 1944, up to $8,428,000 collected by the
Southeastern Power Administration from the sale of power and related
services shall be credited to this account as discretionary offsetting
collections, to remain available until expended for the sole purpose of
funding the annual expenses of the Southeastern Power Administration:
Provided further, That the sum herein appropriated for annual expenses
shall be reduced as collections are received during the fiscal year so
as to result in a final fiscal year 2012 appropriation estimated at not
more than $0: Provided further, That, notwithstanding 31 U.S.C. 3302,
up to $100,162,000 collected by the Southeastern Power Administration
pursuant to the Flood Control Act of 1944 to recover purchase power and
wheeling expenses shall be credited to this account as offsetting
collections, to remain available until expended for the sole purpose of
making purchase power and wheeling expenditures: Provided further,
That for purposes of this appropriation, annual expenses means
expenditures that are generally recovered in the same year that they
are incurred (excluding purchase power and wheeling expenses).
Operation and Maintenance, Southwestern Power Administration
For necessary expenses of operation and maintenance of power
transmission facilities and of marketing electric power and energy, for
construction and acquisition of transmission lines, substations and
appurtenant facilities, and for administrative expenses, including
official reception and representation expenses in an amount not to
exceed $1,500 in carrying out section 5 of the Flood Control Act of
1944 (16 U.S.C. 825s), as applied to the Southwestern Power
Administration, $45,010,000, to remain available until expended:
Provided, That notwithstanding 31 U.S.C. 3302 and section 5 of the
Flood Control Act of 1944 (16 U.S.C. 825s), up to $33,118,000 collected
by the Southwestern Power Administration from the sale of power and
related services shall be credited to this account as discretionary
offsetting collections, to remain available until expended, for the
sole purpose of funding the annual expenses of the Southwestern Power
Administration: Provided further, That the sum herein appropriated for
annual expenses shall be reduced as collections are received during the
fiscal year so as to result in a final fiscal year 2012 appropriation
estimated at not more than $11,892,000: Provided further, That,
notwithstanding 31 U.S.C. 3302, up to $40,000,000 collected by the
Southwestern Power Administration pursuant to the Flood Control Act of
1944 to recover purchase power and wheeling expenses shall be credited
to this account as offsetting collections, to remain available until
expended for the sole purpose of making purchase power and wheeling
expenditures: Provided further, That for purposes of this
appropriation, annual expenses means expenditures that are generally
recovered in the same year that they are incurred (excluding purchase
power and wheeling expenses).
Construction, Rehabilitation, Operation and Maintenance, Western Area
Power Administration
For carrying out the functions authorized by title III, section
302(a)(1)(E) of the Act of August 4, 1977 (42 U.S.C. 7152), and other
related activities including conservation and renewable resources
programs as authorized, including official reception and representation
expenses in an amount not to exceed $1,500; $285,900,000, to remain
available until expended, of which $278,856,000 shall be derived from
the Department of the Interior Reclamation Fund: Provided, That
notwithstanding 31 U.S.C. 3302, section 5 of the Flood Control Act of
1944 (16 U.S.C. 825s), and section 1 of the Interior Department
Appropriation Act, 1939 (43 U.S.C. 392a), up to $189,932,000 collected
by the Western Area Power Administration from the sale of power and
related services shall be credited to this account as discretionary
offsetting collections, to remain available until expended, for the
sole purpose of funding the annual expenses of the Western Area Power
Administration: Provided further, That the sum herein appropriated for
annual expenses shall be reduced as collections are received during the
fiscal year so as to result in a final fiscal year 2012 appropriation
estimated at not more than $95,968,000, of which $88,924,000 is derived
from the Reclamation Fund: Provided further, That of the amount herein
appropriated, not more than $3,375,000 is for deposit into the Utah
Reclamation Mitigation and Conservation Account pursuant to title IV of
the Reclamation Projects Authorization and Adjustment Act of 1992:
Provided further, That notwithstanding 31 U.S.C. 3302, up to
$306,541,000 collected by the Western Area Power Administration
pursuant to the Flood Control Act of 1944 and the Reclamation Project
Act of 1939 to recover purchase power and wheeling expenses shall be
credited to this account as offsetting collections, to remain available
until expended for the sole purpose of making purchase power and
wheeling expenditures: Provided further, That for purposes of this
appropriation, annual expenses means expenditures that are generally
recovered in the same year that they are incurred (excluding purchase
power and wheeling expenses).
Falcon and Amistad Operating and Maintenance Fund
For operation, maintenance, and emergency costs for the
hydroelectric facilities at the Falcon and Amistad Dams, $4,169,000, to
remain available until expended, and to be derived from the Falcon and
Amistad Operating and Maintenance Fund of the Western Area Power
Administration, as provided in section 2 of the Act of June 18, 1954
(68 Stat. 255) as amended: Provided, That notwithstanding the
provisions of that Act and of 31 U.S.C. 3302, up to $3,949,000
collected by the Western Area Power Administration from the sale of
power and related services from the Falcon and Amistad Dams shall be
credited to this account as discretionary offsetting collections, to
remain available until expended for the sole purpose of funding the
annual expenses of the hydroelectric facilities of these Dams and
associated Western Area Power Administration activities: Provided
further, That the sum herein appropriated for annual expenses shall be
reduced as collections are received during the fiscal year so as to
result in a final fiscal year 2012 appropriation estimated at not more
than $220,000: Provided further, That for purposes of this
appropriation, annual expenses means expenditures that are generally
recovered in the same year that they are incurred.
Federal Energy Regulatory Commission
salaries and expenses
For necessary expenses of the Federal Energy Regulatory Commission
to carry out the provisions of the Department of Energy Organization
Act (42 U.S.C. 7101 et seq.), including services as authorized by 5
U.S.C. 3109, the hire of passenger motor vehicles, and official
reception and representation expenses not to exceed $3,000,
$304,600,000, to remain available until expended: Provided, That
notwithstanding any other provision of law, not to exceed $304,600,000
of revenues from fees and annual charges, and other services and
collections in fiscal year 2012 shall be retained and used for
necessary expenses in this account, and shall remain available until
expended: Provided further, That the sum herein appropriated from the
general fund shall be reduced as revenues are received during fiscal
year 2012 so as to result in a final fiscal year 2012 appropriation
from the general fund estimated at not more than $0.
GENERAL PROVISIONS--DEPARTMENT OF ENERGY
(including rescission and transfer of funds)
Sec. 301. (a) No appropriation, funds, or authority made available
by this title for the Department of Energy shall be used to initiate or
resume any program, project, or activity or to prepare or initiate
Requests For Proposals or similar arrangements (including Requests for
Quotations, Requests for Information, and Funding Opportunity
Announcements) for a program, project, or activity if the program,
project, or activity has not been funded by Congress.
(b) The Department of Energy may not, with respect to any program,
project, or activity that uses budget authority made available in this
title under the heading ``Department of Energy--Energy Programs'',
enter into a multi-year contract, award a multi-year grant, or enter
into a multi-year cooperative agreement unless the contract, grant, or
cooperative agreement includes a clause conditioning the Federal
Government's obligation on the availability of future-year budget
authority and the Secretary notifies the Committees on Appropriations
of the House of Representatives and the Senate at least 14 days in
advance.
(c) Except as provided in this section, the amounts made available
by this title shall be expended as authorized by law for the projects
and activities specified in the ``Conference'' column in the
``Department of Energy'' table included under the heading ``Title III--
Department of Energy'' in the joint explanatory statement accompanying
this Act.
(d) The amounts made available by this title may be reprogrammed
for any program, project, or activity, and the Department shall notify
the Committees on Appropriations of the House of Representatives and
the Senate at least 30 days prior to the use of any proposed
reprogramming which would cause any program, project, or activity
funding level to increase or decrease by more than $5,000,000 or 10
percent, whichever is less, during the time period covered by this Act.
(e) Notwithstanding subsection (c), none of the funds provided in
this title shall be available for obligation or expenditure through a
reprogramming of funds that--
(1) creates, initiates, or eliminates a program, project, or
activity;
(2) increases funds or personnel for any program, project, or
activity for which funds are denied or restricted by this Act; or
(3) reduces funds that are directed to be used for a specific
program, project, or activity by this Act.
(f)(1) The Secretary of Energy may waive any requirement or
restriction in this section that applies to the use of funds made
available for the Department of Energy if compliance with such
requirement or restriction would pose a substantial risk to human
health, the environment, welfare, or national security.
(2) The Secretary of Energy shall notify the Committees on
Appropriations of any waiver under paragraph (1) as soon as
practicable, but not later than 3 days after the date of the activity
to which a requirement or restriction would otherwise have applied.
Such notice shall include an explanation of the substantial risk under
paragraph (1) that permitted such waiver.
Sec. 302. The unexpended balances of prior appropriations provided
for activities in this Act may be available to the same appropriation
accounts for such activities established pursuant to this title.
Available balances may be merged with funds in the applicable
established accounts and thereafter may be accounted for as one fund
for the same time period as originally enacted.
Sec. 303. Funds appropriated by this or any other Act, or made
available by the transfer of funds in this Act, for intelligence
activities are deemed to be specifically authorized by the Congress for
purposes of section 504 of the National Security Act of 1947 (50 U.S.C.
414) during fiscal year 2012 until the enactment of the Intelligence
Authorization Act for fiscal year 2012.
Sec. 304. (a) Submission to Congress.--The Secretary of Energy
shall submit to Congress each year, at the time that the President's
budget is submitted to Congress that year under section 1105(a) of
title 31, United States Code, a future-years energy program reflecting
the estimated expenditures and proposed appropriations included in that
budget. Any such future-years energy program shall cover the fiscal
year with respect to which the budget is submitted and at least the
four succeeding fiscal years. A future-years energy program shall be
included in the fiscal year 2014 budget submission to Congress and
every fiscal year thereafter.
(b) Elements.--Each future-years energy program shall contain the
following:
(1) The estimated expenditures and proposed appropriations
necessary to support programs, projects, and activities of the
Secretary of Energy during the 5-fiscal year period covered by the
program, expressed in a level of detail comparable to that
contained in the budget submitted by the President to Congress
under section 1105 of title 31, United States Code.
(2) The estimated expenditures and proposed appropriations
shaped by high-level, prioritized program and budgetary guidance
that is consistent with the administration's policies and out year
budget projections and reviewed by the Department of Energy's (DOE)
senior leadership to ensure that the future-years energy program is
consistent and congruent with previously established program and
budgetary guidance.
(3) A description of the anticipated workload requirements for
each DOE national laboratory during the 5-fiscal year period.
(c) Consistency in Budgeting.--
(1) The Secretary of Energy shall ensure that amounts described
in subparagraph (A) of paragraph (2) for any fiscal year are
consistent with amounts described in subparagraph (B) of paragraph
(2) for that fiscal year.
(2) Amounts referred to in paragraph (1) are the following:
(A) The amounts specified in program and budget information
submitted to Congress by the Secretary of Energy in support of
expenditure estimates and proposed appropriations in the budget
submitted to Congress by the President under section 1105(a) of
title 31, United States Code, for any fiscal year, as shown in
the future-years energy program submitted pursuant to
subsection (a).
(B) The total amounts of estimated expenditures and
proposed appropriations necessary to support the programs,
projects, and activities of the administration included
pursuant to paragraph (5) of section 1105(a) of such title in
the budget submitted to Congress under that section for any
fiscal year.
Sec. 305. Section 1702 of the Energy Policy Act of 2005 (42 U.S.C.
16512) is amended--
(1) by striking subsection (b) and inserting the following:
``(b) Specific Appropriation or Contribution.--
``(1) In general.--No guarantee shall be made unless--
``(A) an appropriation for the cost of the guarantee has
been made;
``(B) the Secretary has received from the borrower a
payment in full for the cost of the guarantee and deposited the
payment into the Treasury; or
``(C) a combination of one or more appropriations under
subparagraph (A) and one or more payments from the borrower
under subparagraph (B) has been made that is sufficient to
cover the cost of the guarantee.''.
Sec. 306. Plant or construction projects for which amounts are
made available under this and subsequent appropriation Acts with a
current estimated cost of less than $10,000,000 are considered for
purposes of section 4703 of Public Law 107-314 as a plant project for
which the approved total estimated cost does not exceed the minor
construction threshold and for purposes of section 4704 of Public Law
107-314 as a construction project with a current estimated cost of less
than a minor construction threshold.
Sec. 307. In section 839b(h)(10)(B) of title 16, United States
Code, strike ``$1,000,000'' and insert ``$2,500,000''.
Sec. 308. None of the funds made available in this title shall be
used for the construction of facilities classified as high-hazard
nuclear facilities under 10 CFR Part 830 unless independent oversight
is conducted by the Office of Health, Safety, and Security to ensure
the project is in compliance with nuclear safety requirements.
Sec. 309. Of the amounts appropriated in this title, $73,300,000
are hereby rescinded, to reflect savings from the contractor pay freeze
instituted by the Department. The Department shall allocate the
rescission among the appropriations made in this title.
Sec. 310. None of the funds made available in this title may be
used to approve critical decision-2 or critical decision-3 under
Department of Energy Order 413.3B, or any successive departmental
guidance, for construction projects where the total project cost
exceeds $100,000,000, until a separate independent cost estimate has
been developed for the project for that critical decision.
Sec. 311. None of the funds made available in this title may be
used to make a grant allocation, discretionary grant award,
discretionary contract award, or Other Transaction Agreement, or to
issue a letter of intent, totaling in excess of $1,000,000, or to
announce publicly the intention to make such an allocation, award, or
Agreement, or to issue such a letter, including a contract covered by
the Federal Acquisition Regulation, unless the Secretary of Energy
notifies the Committees on Appropriations of the Senate and the House
of Representatives at least 3 full business days in advance of making
such an allocation, award, or Agreement, or issuing such a letter:
Provided, That if the Secretary of Energy determines that compliance
with this section would pose a substantial risk to human life, health,
or safety, an allocation, award, or Agreement may be made, or a letter
may be issued, without advance notification, and the Secretary shall
notify the Committees on Appropriations of the Senate and the House of
Representatives not later than 5 full business days after the date on
which such an allocation, award, or Agreement is made or letter issued:
Provided further, That the notification shall include the recipient of
the award, the amount of the award, the fiscal year for which the funds
for the award were appropriated, and the account and program from which
the funds are being drawn, the title of the award, and a brief
description of the activity for which the award is made.
Sec. 312. (a) Any determination (including a determination made
prior to the date of enactment of this Act) by the Secretary pursuant
to section 3112(d)(2)(B) of the USEC Privatization Act (110 Stat. 1321-
335), as amended, that the sale or transfer of uranium will not have an
adverse material impact on the domestic uranium mining, conversion, or
enrichment industry shall be valid for not more than 2 calendar years
subsequent to such determination.
(b) Not less than 30 days prior to the transfer, sale, barter,
distribution, or other provision of uranium in any form for the purpose
of accelerating cleanup at a Federal site, the Secretary shall notify
the House and Senate Committees on Appropriations of the following:
(1) the amount of uranium to be transferred, sold, bartered,
distributed, or otherwise provided;
(2) an estimate by the Secretary of the gross market value of
the uranium on the expected date of the transfer, sale, barter,
distribution, or other provision of the uranium;
(3) the expected date of transfer, sale, barter, distribution,
or other provision of the uranium;
(4) the recipient of the uranium; and
(5) the value of the services the Secretary expects to receive
in exchange for the uranium, including any reductions to the gross
value of the uranium by the recipient.
(c) Not later than June 30, 2012, the Secretary shall submit to the
House and Senate Committees on Appropriations a revised excess uranium
inventory management plan for fiscal years 2013 through 2018.
(d) Not later than December 31, 2011 the Secretary shall submit to
the House and Senate Committees on Appropriations a report evaluating
the economic feasibility of re-enriching depleted uranium located at
Federal sites.
Sec. 313. None of the funds made available by this Act may be used
to pay the salaries of Department of Energy employees to carry out
section 407 of division A of the American Recovery and Reinvestment Act
of 2009.
Sec. 314. (a) The Secretary of Energy may openly compete and issue
an award to allow a third party, on a fee-for-service basis, to operate
and maintain a metering station of the Strategic Petroleum Reserve that
is underutilized (as defined in section 102-75.50 of title 41, Code of
Federal Regulations (or successor regulations)) and related equipment.
(b) Not later than 30 days before the issuance of such award, the
Secretary of Energy shall certify to the Committees on Appropriations
of the House of Representatives and the Senate that the award will not
reduce the reliability or accessibility of the Strategic Petroleum
Reserve, raise costs of oil in the local market, or negatively impact
the supply of oil to current users.
(c) Funds collected under subsection (a) shall be deposited in the
general fund of the Treasury.
Sec. 315. None of the funds made available in this Act may be
used--
(1) to implement or enforce section 430.32(x) of title 10, Code
of Federal Regulations; or
(2) to implement or enforce the standards established by the
tables contained in section 325(i)(1)(B) of the Energy Policy and
Conservation Act (42 U.S.C. 6295(i)(1)(B)) with respect to BPAR
incandescent reflector lamps, BR incandescent reflector lamps, and
ER incandescent reflector lamps.
Sec. 316. Recipients of grants awarded by the Department in excess
of $1,000,000 shall certify that they will, by the end of the fiscal
year, upgrade the efficiency of their facilities by replacing any
lighting that does not meet or exceed the energy efficiency standard
for incandescent light bulbs set forth in section 325 of the Energy
Policy and Conservation Act (42 U.S.C. 6295).
TITLE IV
INDEPENDENT AGENCIES
Appalachian Regional Commission
For expenses necessary to carry out the programs authorized by the
Appalachian Regional Development Act of 1965, as amended, for necessary
expenses for the Federal Co-Chairman and the Alternate on the
Appalachian Regional Commission, for payment of the Federal share of
the administrative expenses of the Commission, including services as
authorized by 5 U.S.C. 3109, and hire of passenger motor vehicles,
$68,263,000, to remain available until expended.
Defense Nuclear Facilities Safety Board
salaries and expenses
For necessary expenses of the Defense Nuclear Facilities Safety
Board in carrying out activities authorized by the Atomic Energy Act of
1954, as amended by Public Law 100-456, section 1441, $29,130,000, to
remain available until September 30, 2013: Provided, That within 90
days of enactment of this Act, the Defense Nuclear Facilities Safety
Board shall enter into an agreement for inspector general services with
the Office of Inspector General for the Nuclear Regulatory Commission
for fiscal years 2012 and 2013: Provided further, That at the
expiration of such agreement, the Defense Nuclear Facilities Safety
Board shall procure inspector general services annually thereafter.
Delta Regional Authority
salaries and expenses
For necessary expenses of the Delta Regional Authority and to carry
out its activities, as authorized by the Delta Regional Authority Act
of 2000, as amended, notwithstanding sections 382C(b)(2), 382F(d),
382M, and 382N of said Act, $11,677,000, to remain available until
expended.
Denali Commission
For expenses of the Denali Commission including the purchase,
construction, and acquisition of plant and capital equipment as
necessary and other expenses, $10,679,000, to remain available until
expended, notwithstanding the limitations contained in section 306(g)
of the Denali Commission Act of 1998: Provided, That funds shall be
available for construction projects in an amount not to exceed 80
percent of total project cost for distressed communities, as defined by
section 307 of the Denali Commission Act of 1998 (division C, title
III, Public Law 105-277), as amended by section 701 of appendix D,
title VII, Public Law 106-113 (113 Stat. 1501A-280), and an amount not
to exceed 50 percent for non-distressed communities.
Northern Border Regional Commission
For necessary expenses of the Northern Border Regional Commission
in carrying out activities authorized by subtitle V of title 40, United
States Code, $1,497,000, to remain available until expended: Provided,
That such amounts shall be available for administrative expenses,
notwithstanding section 15751(b) of title 40, United States Code.
Southeast Crescent Regional Commission
For necessary expenses of the Southeast Crescent Regional
Commission in carrying out activities authorized by subtitle V of title
40, United States Code, $250,000, to remain available until expended.
Nuclear Regulatory Commission
salaries and expenses
For necessary expenses of the Commission in carrying out the
purposes of the Energy Reorganization Act of 1974, as amended, and the
Atomic Energy Act of 1954, as amended, including official
representation expenses (not to exceed $25,000), $1,027,240,000, to
remain available until expended: Provided, That of the amount
appropriated herein, not more than $9,000,000 may be made available for
salaries and other support costs for the Office of the Commission:
Provided further, That revenues from licensing fees, inspection
services, and other services and collections estimated at $899,726,000
in fiscal year 2012 shall be retained and used for necessary salaries
and expenses in this account, notwithstanding 31 U.S.C. 3302, and shall
remain available until expended: Provided further, That the sum herein
appropriated shall be reduced by the amount of revenues received during
fiscal year 2012 so as to result in a final fiscal year 2012
appropriation estimated at not more than $127,514,000: Provided
further, That of the amounts appropriated under this heading,
$10,000,000 shall be for university research and development in areas
relevant to their respective organization's mission, and $5,000,000
shall be for a Nuclear Science and Engineering Grant Program that will
support multiyear projects that do not align with programmatic missions
but are critical to maintaining the discipline of nuclear science and
engineering.
office of inspector general
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978,
$10,860,000, to remain available until September 30, 2013: Provided,
That revenues from licensing fees, inspection services, and other
services and collections estimated at $9,774,000 in fiscal year 2012
shall be retained and be available until expended, for necessary
salaries and expenses in this account, notwithstanding section 3302 of
title 31, United States Code: Provided further, That the sum herein
appropriated shall be reduced by the amount of revenues received during
fiscal year 2012 so as to result in a final fiscal year 2012
appropriation estimated at not more than $1,086,000.
Nuclear Waste Technical Review Board
salaries and expenses
For necessary expenses of the Nuclear Waste Technical Review Board,
as authorized by Public Law 100-203, section 5051, $3,400,000 to be
derived from the Nuclear Waste Fund, and to remain available until
expended.
Office of the Federal Coordinator for Alaska Natural Gas Transportation
Projects
For necessary expenses for the Office of the Federal Coordinator
for Alaska Natural Gas Transportation Projects pursuant to the Alaska
Natural Gas Pipeline Act of 2004, $1,000,000.
GENERAL PROVISIONS--INDEPENDENT AGENCIES
Sec. 401. (a) None of the funds provided in this title for
``Nuclear Regulatory Commission--Salaries and Expenses'' shall be
available for obligation or expenditure through a reprogramming of
funds that--
(1) increases funds or personnel for any program, project, or
activity for which funds are denied or restricted by this Act; or
(2) reduces funds that are directed to be used for a specific
program, project, or activity by this Act.
(b) The Chairman of the Nuclear Regulatory Commission may not
terminate any program, project, or activity without the approval of a
majority vote of the Commissioners of the Nuclear Regulatory Commission
approving such action.
(c) The Nuclear Regulatory Commission may waive the restriction on
reprogramming under subsection (a) on a case-by-case basis by
certifying to the Committees on Appropriations of the House of
Representatives and the Senate that such action is required to address
national security or imminent risks to public safety. Each such waiver
certification shall include a letter from the Chairman of the
Commission that a majority of Commissioners of the Nuclear Regulatory
Commission have voted and approved the reprogramming waiver
certification.
Sec. 402. The Nuclear Regulatory Commission shall require reactor
licensees to re-evaluate the seismic, tsunami, flooding, and other
external hazards at their sites against current applicable Commission
requirements and guidance for such licenses as expeditiously as
possible, and thereafter when appropriate, as determined by the
Commission, and require each licensee to respond to the Commission that
the design basis for each reactor meets the requirements of its
license, current applicable Commission requirements and guidance for
such license. Based upon the evaluations conducted pursuant to this
section and other information it deems relevant, the Commission shall
require licensees to update the design basis for each reactor, if
necessary.
TITLE V
GENERAL PROVISIONS
Sec. 501. None of the funds appropriated by this Act may be used
in any way, directly or indirectly, to influence congressional action
on any legislation or appropriation matters pending before Congress,
other than to communicate to Members of Congress as described in 18
U.S.C. 1913.
Sec. 502. None of the funds made available in this Act may be
transferred to any department, agency, or instrumentality of the United
States Government, except pursuant to a transfer made by, or transfer
authority provided in this Act or any other appropriation Act.
Sec. 503. None of the funds made available under this Act may be
expended for any new hire by any Federal agency funded in this Act that
is not verified through the E-Verify Program as described in section
403(a) of the Illegal Immigration Reform and Immigrant Responsibility
Act of 1996 (8 U.S.C. 1324a note).
Sec. 504. None of the funds made available by this Act may be used
to enter into a contract, memorandum of understanding, or cooperative
agreement with, make a grant to, or provide a loan or loan guarantee to
any corporation that was convicted (or had an officer or agent of such
corporation acting on behalf of the corporation convicted) of a felony
criminal violation under any Federal law within the preceding 24
months, where the awarding agency is aware of the conviction, unless
the agency has considered suspension or debarment of the corporation,
or such officer or agent, and made a determination that this further
action is not necessary to protect the interests of the Government.
Sec. 505. None of the funds made available by this Act may be used
to enter into a contract, memorandum of understanding, or cooperative
agreement with, make a grant to, or provide a loan or loan guarantee
to, any corporation that has any unpaid Federal tax liability that has
been assessed, for which all judicial and administrative remedies have
been exhausted or have lapsed, and that is not being paid in a timely
manner pursuant to an agreement with the authority responsible for
collecting the tax liability, where the awarding agency is aware of the
unpaid tax liability, unless the agency has considered suspension or
debarment of the corporation and made a determination that this further
action is not necessary to protect the interests of the Government.
Sec. 506. None of the funds made available by this Act may be used
in contravention of Executive Order No. 12898 of February 11, 1994
(``Federal Actions to Address Environmental Justice in Minority
Populations and Low-Income Populations'').
This division may be cited as the ``Energy and Water Development
and Related Agencies Appropriations Act, 2012''.
DIVISION C--FINANCIAL SERVICES AND GENERAL GOVERNMENT APPROPRIATIONS
ACT, 2012
TITLE I
DEPARTMENT OF THE TREASURY
Departmental Offices
salaries and expenses
For necessary expenses of the Departmental Offices including
operation and maintenance of the Treasury Building and Annex; hire of
passenger motor vehicles; maintenance, repairs, and improvements of,
and purchase of commercial insurance policies for, real properties
leased or owned overseas, when necessary for the performance of
official business; terrorism and financial intelligence activities;
executive direction program activities; international affairs and
economic policy activities; domestic finance and tax policy activities;
and Treasury-wide management policies and programs activities,
$308,388,000: Provided, That of the amount appropriated under this
heading, $100,000,000 is for the Office of Terrorism and Financial
Intelligence, of which not to exceed $26,608,000 is available for
administrative expenses: Provided further, That of the amount
appropriated under this heading, not to exceed $3,000,000, to remain
available until September 30, 2013, is for information technology
modernization requirements; not to exceed $350,000 is for official
reception and representation expenses; and not to exceed $258,000 is
for unforeseen emergencies of a confidential nature, to be allocated
and expended under the direction of the Secretary of the Treasury and
to be accounted for solely on his certificate: Provided further, That
of the amount appropriated under this heading, $6,787,000, to remain
available until September 30, 2013, is for the Treasury-wide Financial
Statement Audit and Internal Control Program: Provided further, That
of the amount appropriated under this heading, $500,000, to remain
available until September 30, 2013, is for secure space requirements:
Provided further, That of the amount appropriated under this heading,
up to $3,400,000, to remain available until September 30, 2014, is to
develop and implement programs within the Office of Critical
Infrastructure Protection and Compliance Policy, including entering
into cooperative agreements: Provided further, That notwithstanding
any other provision of law, of the amount appropriated under this
heading, up to $1,000,000 may be contributed to the Organization for
Economic Cooperation and Development for the Department's participation
in programs related to global tax administration.
office of inspector general
salaries and expenses
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978,
$29,641,000, including hire of passenger motor vehicles; of which not
to exceed $100,000 shall be available for unforeseen emergencies of a
confidential nature, to be allocated and expended under the direction
of the Inspector General of the Treasury; and of which not to exceed
$2,500 shall be available for official reception and representation
expenses.
treasury inspector general for tax administration
salaries and expenses
For necessary expenses of the Treasury Inspector General for Tax
Administration in carrying out the Inspector General Act of 1978,
including purchase (not to exceed 150 for replacement only for police-
type use) and hire of passenger motor vehicles (31 U.S.C. 1343(b));
services authorized by 5 U.S.C. 3109, at such rates as may be
determined by the Inspector General for Tax Administration;
$151,696,000, of which not to exceed $500,000 shall be available for
unforeseen emergencies of a confidential nature, to be allocated and
expended under the direction of the Inspector General for Tax
Administration; and of which not to exceed $1,500 shall be available
for official reception and representation expenses.
special inspector general for the troubled asset relief program
salaries and expenses
For necessary expenses of the Office of the Special Inspector
General in carrying out the provisions of the Emergency Economic
Stabilization Act of 2008 (Public Law 110-343), $41,800,000.
Financial Crimes Enforcement Network
salaries and expenses
For necessary expenses of the Financial Crimes Enforcement Network,
including hire of passenger motor vehicles; travel and training
expenses, including for course development, of non-Federal and foreign
government personnel to attend meetings and training concerned with
domestic and foreign financial intelligence activities, law
enforcement, and financial regulation; not to exceed $14,000 for
official reception and representation expenses; and for assistance to
Federal law enforcement agencies, with or without reimbursement,
$110,788,000, of which not to exceed $34,335,000 shall remain available
until September 30, 2014: Provided, That funds appropriated in this
account may be used to procure personal services contracts.
Treasury Forfeiture Fund
(rescission)
Of the unobligated balances available under this heading,
$950,000,000 are rescinded.
Financial Management Service
salaries and expenses
For necessary expenses of the Financial Management Service,
$217,805,000, of which not to exceed $4,210,000 shall remain available
until September 30, 2014, for information systems modernization
initiatives; and of which not to exceed $2,500 shall be available for
official reception and representation expenses.
Alcohol and Tobacco Tax and Trade Bureau
salaries and expenses
For necessary expenses of carrying out section 1111 of the Homeland
Security Act of 2002, including hire of passenger motor vehicles,
$99,878,000; of which not to exceed $6,000 for official reception and
representation expenses; not to exceed $50,000 for cooperative research
and development programs for laboratory services; and provision of
laboratory assistance to State and local agencies with or without
reimbursement: Provided, That of the amount appropriated under this
heading, $2,000,000 shall be for the costs of special law enforcement
agents to target tobacco smuggling and other criminal diversion
activities.
United States Mint
united states mint public enterprise fund
Pursuant to section 5136 of title 31, United States Code, the
United States Mint is provided funding through the United States Mint
Public Enterprise Fund for costs associated with the production of
circulating coins, numismatic coins, and protective services, including
both operating expenses and capital investments. The aggregate amount
of new liabilities and obligations incurred during fiscal year 2012
under such section 5136 for circulating coinage and protective service
capital investments of the United States Mint shall not exceed
$20,000,000.
Bureau of the Public Debt
administering the public debt
For necessary expenses connected with any public-debt issues of the
United States, $173,635,000, of which not to exceed $2,500 shall be
available for official reception and representation expenses, and of
which not to exceed $10,000,000 shall remain available until September
30, 2014 to reduce improper payments: Provided, That the sum
appropriated herein from the general fund for fiscal year 2012 shall be
reduced by not more than $8,000,000 as definitive security issue fees
and Legacy Treasury Direct Investor Account Maintenance fees are
collected, so as to result in a final fiscal year 2012 appropriation
from the general fund estimated at $165,635,000. In addition, $165,000
to be derived from the Oil Spill Liability Trust Fund to reimburse the
Bureau for administrative and personnel expenses for financial
management of the Fund, as authorized by section 1012 of Public Law
101-380.
Community Development Financial Institutions Fund Program Account
To carry out the Community Development Banking and Financial
Institutions Act of 1994 (Public Law 103-325), including services
authorized by 5 U.S.C. 3109, but at rates for individuals not to exceed
the per diem rate equivalent to the rate for ES-3, notwithstanding
section 4707(e) of title 12, United States Code with regard to Small
and/or Emerging Community Development Financial Institutions Assistance
awards, $221,000,000, to remain available until September 30, 2013; of
which $12,000,000, notwithstanding section 4707(e) of title 12, United
States Code, shall be for financial assistance, technical assistance,
training and outreach programs, designed to benefit Native American,
Native Hawaiian, and Alaskan Native communities and provided primarily
through qualified community development lender organizations with
experience and expertise in community development banking and lending
in Indian country, Native American organizations, tribes and tribal
organizations and other suitable providers; of which, notwithstanding
section 108(d) of such Act, up to $22,000,000 shall be for a Healthy
Food Financing Initiative to provide grants and loans to community
development financial institutions for the purpose of offering
affordable financing and technical assistance to expand the
availability of healthy food options in distressed communities; of
which $18,000,000 shall be for the Bank Enterprise Awards program; and
of which up to $22,965,000 may be used for administrative expenses,
including administration of the New Markets Tax Credit; of which up to
$10,315,000 may be used for the cost of direct loans; and of which up
to $250,000 may be used for administrative expenses to carry out the
direct loan program: Provided, That the cost of direct loans,
including the cost of modifying such loans, shall be as defined in
section 502 of the Congressional Budget Act of 1974: Provided further,
That these funds are available to subsidize gross obligations for the
principal amount of direct loans not to exceed $25,000,000: Provided
further, That of the funds awarded under this heading, not less than 10
percent shall be used for projects that serve populations living in
persistent poverty counties (where such term is defined as any county
that has had 20 percent or more of its population living in poverty
over the past 30 years, as measured by the 1990, 2000, and 2010
decennial censuses).
Internal Revenue Service
taxpayer services
For necessary expenses of the Internal Revenue Service to provide
taxpayer services, including pre-filing assistance and education,
filing and account services, taxpayer advocacy services, and other
services as authorized by 5 U.S.C. 3109, at such rates as may be
determined by the Commissioner, $2,239,703,000, of which not less than
$5,600,000 shall be for the Tax Counseling for the Elderly Program, of
which not less than $9,750,000 shall be available for low-income
taxpayer clinic grants, of which not less than $12,000,000, to remain
available until September 30, 2013, shall be available for a Community
Volunteer Income Tax Assistance matching grants program for tax return
preparation assistance, of which not less than $205,000,000 shall be
available for operating expenses of the Taxpayer Advocate Service, and
of which $15,481,000 shall be for expenses necessary to implement the
tax credit in title II of division A of the Trade Act of 2002 (Public
Law 107-210).
enforcement
For necessary expenses for tax enforcement activities of the
Internal Revenue Service to determine and collect owed taxes, to
provide legal and litigation support, to conduct criminal
investigations, to enforce criminal statutes related to violations of
internal revenue laws and other financial crimes, to purchase (for
police-type use, not to exceed 850) and hire passenger motor vehicles
(31 U.S.C. 1343(b)), and to provide other services as authorized by 5
U.S.C. 3109, at such rates as may be determined by the Commissioner,
$5,299,367,000, of which not less than $60,257,000 shall be for the
Interagency Crime and Drug Enforcement program.
operations support
For necessary expenses of the Internal Revenue Service to support
taxpayer services and enforcement programs, including rent payments;
facilities services; printing; postage; physical security; headquarters
and other IRS-wide administration activities; research and statistics
of income; telecommunications; information technology development,
enhancement, operations, maintenance, and security; the hire of
passenger motor vehicles (31 U.S.C. 1343(b)); and other services as
authorized by 5 U.S.C. 3109, at such rates as may be determined by the
Commissioner; $3,947,416,000, of which up to $250,000,000 shall remain
available until September 30, 2013, for information technology support;
of which up to $65,000,000 shall remain available until expended for
acquisition of real property, equipment, construction and renovation of
facilities; of which not to exceed $1,000,000 shall remain available
until September 30, 2014, for research; of which not less than
$2,000,000 shall be for the Internal Revenue Service Oversight Board;
of which not to exceed $25,000 shall be for official reception and
representation expenses: Provided, That not later than 14 days after
the end of each quarter of each fiscal year, the Internal Revenue
Service shall submit a report to the House and Senate Committees on
Appropriations and the Comptroller General of the United States
detailing the cost and schedule performance for its major information
technology investments, including the purpose and life-cycle stages of
the investments; the reasons for any cost and schedule variances; the
risks of such investments and strategies the Internal Revenue Service
is using to mitigate such risks; and the expected developmental
milestones to be achieved and costs to be incurred in the next quarter:
Provided further, That the Internal Revenue Service shall include, in
its budget justification for fiscal year 2013, a summary of cost and
schedule performance information for its major information technology
systems.
business systems modernization
For necessary expenses of the Internal Revenue Service's business
systems modernization program, $330,210,000, to remain available until
September 30, 2014, for the capital asset acquisition of information
technology systems, including management and related contractual costs
of said acquisitions, including related Internal Revenue Service labor
costs, and contractual costs associated with operations authorized by 5
U.S.C. 3109: Provided, That not later than 14 days after the end of
each quarter of each fiscal year, the Internal Revenue Service shall
submit a report to the House and Senate Committees on Appropriations
and the Comptroller General of the United States detailing the cost and
schedule performance for CADE2 and Modernized e-File information
technology investments, including the purposes and life-cycle stages of
the investments; the reasons for any cost and schedule variances; the
risks of such investments and the strategies the Internal Revenue
Service is using to mitigate such risks; and the expected developmental
milestones to be achieved and costs to be incurred in the next quarter.
administrative provisions--internal revenue service
(including transfer of funds)
Sec. 101. Not to exceed 5 percent of any appropriation made
available in this Act to the Internal Revenue Service or not to exceed
3 percent of appropriations under the heading ``Enforcement'' may be
transferred to any other Internal Revenue Service appropriation upon
the advance approval of the Committees on Appropriations.
Sec. 102. The Internal Revenue Service shall maintain a training
program to ensure that Internal Revenue Service employees are trained
in taxpayers' rights, in dealing courteously with taxpayers, and in
cross-cultural relations.
Sec. 103. The Internal Revenue Service shall institute and enforce
policies and procedures that will safeguard the confidentiality of
taxpayer information and protect taxpayers against identity theft.
Sec. 104. Funds made available by this or any other Act to the
Internal Revenue Service shall be available for improved facilities and
increased staffing to provide sufficient and effective 1-800 help line
service for taxpayers. The Commissioner shall continue to make the
improvement of the Internal Revenue Service 1-800 help line service a
priority and allocate resources necessary to increase phone lines and
staff to improve the Internal Revenue Service 1-800 help line service.
Administrative Provisions--Department of the Treasury
(including transfers of funds)
Sec. 105. Appropriations to the Department of the Treasury in this
Act shall be available for uniforms or allowances therefor, as
authorized by law (5 U.S.C. 5901), including maintenance, repairs, and
cleaning; purchase of insurance for official motor vehicles operated in
foreign countries; purchase of motor vehicles without regard to the
general purchase price limitations for vehicles purchased and used
overseas for the current fiscal year; entering into contracts with the
Department of State for the furnishing of health and medical services
to employees and their dependents serving in foreign countries; and
services authorized by 5 U.S.C. 3109.
Sec. 106. Not to exceed 2 percent of any appropriations in this
Act made available to the Departmental Offices--Salaries and Expenses,
Office of Inspector General, Special Inspector General for the Troubled
Asset Relief Program, Financial Management Service, Alcohol and Tobacco
Tax and Trade Bureau, Financial Crimes Enforcement Network, and Bureau
of the Public Debt, may be transferred between such appropriations upon
the advance approval of the Committees on Appropriations: Provided,
That no transfer may increase or decrease any such appropriation by
more than 2 percent.
Sec. 107. Not to exceed 2 percent of any appropriation made
available in this Act to the Internal Revenue Service may be
transferred to the Treasury Inspector General for Tax Administration's
appropriation upon the advance approval of the Committees on
Appropriations: Provided, That no transfer may increase or decrease
any such appropriation by more than 2 percent.
Sec. 108. Of the funds available for the purchase of law
enforcement vehicles, no funds may be obligated until the Secretary of
the Treasury certifies that the purchase by the respective Treasury
bureau is consistent with departmental vehicle management principles:
Provided, That the Secretary may delegate this authority to the
Assistant Secretary for Management.
Sec. 109. None of the funds appropriated in this Act or otherwise
available to the Department of the Treasury or the Bureau of Engraving
and Printing may be used to redesign the $1 Federal Reserve note.
Sec. 110. The Secretary of the Treasury may transfer funds from
Financial Management Service, Salaries and Expenses to the Debt
Collection Fund as necessary to cover the costs of debt collection:
Provided, That such amounts shall be reimbursed to such salaries and
expenses account from debt collections received in the Debt Collection
Fund.
Sec. 111. Section 122(g)(1) of Public Law 105-119 (5 U.S.C. 3104
note), is further amended by striking ``12 years'' and inserting ``14
years''.
Sec. 112. None of the funds appropriated or otherwise made
available by this or any other Act may be used by the United States
Mint to construct or operate any museum without the explicit approval
of the Committees on Appropriations of the House of Representatives and
the Senate, the House Committee on Financial Services, and the Senate
Committee on Banking, Housing, and Urban Affairs.
Sec. 113. None of the funds appropriated or otherwise made
available by this or any other Act or source to the Department of the
Treasury, the Bureau of Engraving and Printing, and the United States
Mint, individually or collectively, may be used to consolidate any or
all functions of the Bureau of Engraving and Printing and the United
States Mint without the explicit approval of the House Committee on
Financial Services; the Senate Committee on Banking, Housing, and Urban
Affairs; and the Committees on Appropriations of the House of
Representatives and the Senate.
Sec. 114. Funds appropriated by this Act, or made available by the
transfer of funds in this Act, for the Department of the Treasury's
intelligence or intelligence related activities are deemed to be
specifically authorized by the Congress for purposes of section 504 of
the National Security Act of 1947 (50 U.S.C. 414) during fiscal year
2012 until the enactment of the Intelligence Authorization Act for
Fiscal Year 2012.
Sec. 115. Not to exceed $5,000 shall be made available from the
Bureau of Engraving and Printing's Industrial Revolving Fund for
necessary official reception and representation expenses.
Sec. 116. Section 5114(c) of title 31, United States Code
(relating to engraving and printing currency and security documents),
is amended by striking ``for a period of not more than 4 years''.
Sec. 117. In the current fiscal year and each fiscal year
hereafter, any person who forwards to the Bureau of Engraving and
Printing a mutilated paper currency claim equal to or exceeding $10,000
for redemption will be required to provide the Bureau their taxpayer
identification number.
Sec. 118. Section 5318(g)(2)(A) of title 31, United States Code,
is amended--
(1) by striking clause (i) and inserting the following:
``(i) neither the financial institution, director,
officer, employee, or agent of such institution (whether or
not any such person is still employed by the institution),
nor any other current or former director, officer, or
employee of, or contractor for, the financial institution
or other reporting person, may notify any person involved
in the transaction that the transaction has been reported;
and''; and
(2) in clause (ii)--
(A) by striking ``no officer or employee of'' and inserting
``no current or former officer or employee of or contractor
for''; and
(B) by inserting ``or for'' before ``any State''.
Sec. 119. Section 5319 of title 31, United States Code (relating
to availability of reports), is amended by inserting after ``title 5''
the following: ``, and may not be disclosed under any State, local,
tribal, or territorial `freedom of information', `open government', or
similar law''.
Sec. 120. Section 5331(a) of title 31, United States Code, is
amended--
(1) by striking paragraph (1) and inserting the following:
``(1)(A) who is engaged in a trade or business, and'';
(2) by redesignating paragraph (2) as subparagraph (B);
(3) in subparagraph (B), as so redesignated, by adding ``or''
at the end; and
(4) by inserting after subparagraph (B), as so redesignated,
the following new paragraph:
``(2) who is required to file a report under section 6050I(g)
of the Internal Revenue Code of 1986,''.
Sec. 121. The Secretary of the Treasury shall submit a Capital
Investment Plan to the Committees on Appropriations of the Senate and
the House of Representatives not later than 30 days following the
submission of the annual budget for the Administration submitted by the
President: Provided, That such Capital Investment Plan shall include
capital investment spending from all accounts within the Department of
the Treasury, including but not limited to the Department-wide Systems
and Capital Investment Programs account, the Working Capital Fund
account, and the Treasury Forfeiture Fund account: Provided further,
That such Capital Investment Plan shall include expenditures occurring
in previous fiscal years for each capital investment project that has
not been fully completed.
This title may be cited as the ``Department of the Treasury
Appropriations Act, 2012''.
TITLE II
EXECUTIVE OFFICE OF THE PRESIDENT AND FUNDS APPROPRIATED TO THE
PRESIDENT
Compensation of the President
For compensation of the President, including an expense allowance
at the rate of $50,000 per annum as authorized by 3 U.S.C. 102,
$450,000: Provided, That none of the funds made available for official
expenses shall be expended for any other purpose and any unused amount
shall revert to the Treasury pursuant to 31 U.S.C. 1552.
The White House
salaries and expenses
For necessary expenses for the White House as authorized by law,
including not to exceed $3,850,000 for services as authorized by 5
U.S.C. 3109 and 3 U.S.C. 105; subsistence expenses as authorized by 3
U.S.C. 105, which shall be expended and accounted for as provided in
that section; hire of passenger motor vehicles, newspapers,
periodicals, and travel (not to exceed $100,000 to be expended and
accounted for as provided by 3 U.S.C. 103); and not to exceed $19,000
for official entertainment expenses, to be available for allocation
within the Executive Office of the President; and for necessary
expenses of the Office of Policy Development, including services as
authorized by 5 U.S.C. 3109 and 3 U.S.C. 107, $56,974,000.
Executive Residence at the White House
operating expenses
For the care, maintenance, repair and alteration, refurnishing,
improvement, heating, and lighting, including electric power and
fixtures, of the Executive Residence at the White House and official
entertainment expenses of the President, $13,425,000, to be expended
and accounted for as provided by 3 U.S.C. 105, 109, 110, and 112-114.
reimbursable expenses
For the reimbursable expenses of the Executive Residence at the
White House, such sums as may be necessary: Provided, That all
reimbursable operating expenses of the Executive Residence shall be
made in accordance with the provisions of this paragraph: Provided
further, That, notwithstanding any other provision of law, such amount
for reimbursable operating expenses shall be the exclusive authority of
the Executive Residence to incur obligations and to receive offsetting
collections, for such expenses: Provided further, That the Executive
Residence shall require each person sponsoring a reimbursable political
event to pay in advance an amount equal to the estimated cost of the
event, and all such advance payments shall be credited to this account
and remain available until expended: Provided further, That the
Executive Residence shall require the national committee of the
political party of the President to maintain on deposit $25,000, to be
separately accounted for and available for expenses relating to
reimbursable political events sponsored by such committee during such
fiscal year: Provided further, That the Executive Residence shall
ensure that a written notice of any amount owed for a reimbursable
operating expense under this paragraph is submitted to the person owing
such amount within 60 days after such expense is incurred, and that
such amount is collected within 30 days after the submission of such
notice: Provided further, That the Executive Residence shall charge
interest and assess penalties and other charges on any such amount that
is not reimbursed within such 30 days, in accordance with the interest
and penalty provisions applicable to an outstanding debt on a United
States Government claim under 31 U.S.C. 3717: Provided further, That
each such amount that is reimbursed, and any accompanying interest and
charges, shall be deposited in the Treasury as miscellaneous receipts:
Provided further, That the Executive Residence shall prepare and submit
to the Committees on Appropriations, by not later than 90 days after
the end of the fiscal year covered by this Act, a report setting forth
the reimbursable operating expenses of the Executive Residence during
the preceding fiscal year, including the total amount of such expenses,
the amount of such total that consists of reimbursable official and
ceremonial events, the amount of such total that consists of
reimbursable political events, and the portion of each such amount that
has been reimbursed as of the date of the report: Provided further,
That the Executive Residence shall maintain a system for the tracking
of expenses related to reimbursable events within the Executive
Residence that includes a standard for the classification of any such
expense as political or nonpolitical: Provided further, That no
provision of this paragraph may be construed to exempt the Executive
Residence from any other applicable requirement of subchapter I or II
of chapter 37 of title 31, United States Code.
White House Repair and Restoration
For the repair, alteration, and improvement of the Executive
Residence at the White House, $750,000, to remain available until
expended, for required maintenance, resolution of safety and health
issues, and continued preventative maintenance.
Council of Economic Advisers
salaries and expenses
For necessary expenses of the Council of Economic Advisers in
carrying out its functions under the Employment Act of 1946 (15 U.S.C.
1021 et seq.), $4,192,000.
National Security Council and Homeland Security Council
salaries and expenses
For necessary expenses of the National Security Council and the
Homeland Security Council, including services as authorized by 5 U.S.C.
3109, $13,048,000.
Office of Administration
salaries and expenses
For necessary expenses of the Office of Administration, including
services as authorized by 5 U.S.C. 3109 and 3 U.S.C. 107, and hire of
passenger motor vehicles, $112,952,000, of which $10,403,000 shall
remain available until expended for continued modernization of the
information technology infrastructure within the Executive Office of
the President.
Office of Management and Budget
salaries and expenses
For necessary expenses of the Office of Management and Budget,
including hire of passenger motor vehicles and services as authorized
by 5 U.S.C. 3109 and to carry out the provisions of chapter 35 of title
44, United States Code, $89,456,000, of which not to exceed $3,000
shall be available for official representation expenses: Provided,
That none of the funds appropriated in this Act for the Office of
Management and Budget may be used for the purpose of reviewing any
agricultural marketing orders or any activities or regulations under
the provisions of the Agricultural Marketing Agreement Act of 1937 (7
U.S.C. 601 et seq.): Provided further, That none of the funds made
available for the Office of Management and Budget by this Act may be
expended for the altering of the transcript of actual testimony of
witnesses, except for testimony of officials of the Office of
Management and Budget, before the Committees on Appropriations or their
subcommittees: Provided further, That none of the funds provided in
this or prior Acts shall be used, directly or indirectly, by the Office
of Management and Budget, for evaluating or determining if water
resource project or study reports submitted by the Chief of Engineers
acting through the Secretary of the Army are in compliance with all
applicable laws, regulations, and requirements relevant to the Civil
Works water resource planning process: Provided further, That the
Office of Management and Budget shall have not more than 60 days in
which to perform budgetary policy reviews of water resource matters on
which the Chief of Engineers has reported: Provided further, That the
Director of the Office of Management and Budget shall notify the
appropriate authorizing and appropriating committees when the 60-day
review is initiated: Provided further, That if water resource reports
have not been transmitted to the appropriate authorizing and
appropriating committees within 15 days after the end of the Office of
Management and Budget review period based on the notification from the
Director, Congress shall assume Office of Management and Budget
concurrence with the report and act accordingly.
Office of National Drug Control Policy
salaries and expenses
For necessary expenses of the Office of National Drug Control
Policy; for research activities pursuant to the Office of National Drug
Control Policy Reauthorization Act of 2006 (Public Law 109-469); not to
exceed $10,000 for official reception and representation expenses; and
for participation in joint projects or in the provision of services on
matters of mutual interest with nonprofit, research, or public
organizations or agencies, with or without reimbursement, $24,500,000:
Provided, That the Office is authorized to accept, hold, administer,
and utilize gifts, both real and personal, public and private, without
fiscal year limitation, for the purpose of aiding or facilitating the
work of the Office.
federal drug control programs
high intensity drug trafficking areas program
(including transfers of funds)
For necessary expenses of the Office of National Drug Control
Policy's High Intensity Drug Trafficking Areas Program, $238,522,000,
to remain available until September 30, 2013, for drug control
activities consistent with the approved strategy for each of the
designated High Intensity Drug Trafficking Areas (``HIDTAs''), of which
not less than 51 percent shall be transferred to State and local
entities for drug control activities and shall be obligated not later
than 120 days after enactment of this Act: Provided, That up to 49
percent may be transferred to Federal agencies and departments in
amounts determined by the Director of the Office of National Drug
Control Policy, of which up to $2,700,000 may be used for auditing
services and associated activities (including up to $500,000 to ensure
the continued operation and maintenance of the Performance Management
System): Provided further, That, notwithstanding the requirements of
Public Law 106-58, any unexpended funds obligated prior to fiscal year
2010 may be used for any other approved activities of that HIDTA,
subject to reprogramming requirements: Provided further, That each
HIDTA designated as of September 30, 2011, shall be funded at not less
than the fiscal year 2011 base level, unless the Director submits to
the Committees on Appropriations of the House of Representatives and
the Senate justification for changes to those levels based on clearly
articulated priorities and published Office of National Drug Control
Policy performance measures of effectiveness: Provided further, That
the Director shall notify the Committees on Appropriations of the
initial allocation of fiscal year 2012 funding among HIDTAs not later
than 45 days after enactment of this Act, and shall notify the
Committees of planned uses of discretionary HIDTA funding, as
determined in consultation with the HIDTA Directors, not later than 90
days after enactment of this Act.
other federal drug control programs
(including transfers of funds)
For other drug control activities authorized by the Office of
National Drug Control Policy Reauthorization Act of 2006 (Public Law
109-469), $105,550,000, to remain available until expended, which shall
be available as follows: $92,000,000 for the Drug-Free Communities
Program, of which $2,000,000 shall be made available as directed by
section 4 of Public Law 107-82, as amended by Public Law 109-469 (21
U.S.C. 1521 note); $1,400,000 for drug court training and technical
assistance; $9,000,000 for anti-doping activities; $1,900,000 for the
United States membership dues to the World Anti-Doping Agency; and
$1,250,000 shall be made available as directed by section 1105 of
Public Law 109-469.
Integrated, Efficient and Effective Uses of Information Technology
(including transfer of funds)
For necessary expenses for the furtherance of integrated, efficient
and effective uses of information technology in the Federal Government,
$5,000,000, to remain available until expended: Provided, That the
Director of the Office of Management and Budget may transfer these
funds to one or more other agencies to carry out projects to meet these
purposes: Provided further, That the Director of the Office of
Management and Budget shall submit quarterly reports to the Committees
on Appropriations of the House and the Senate identifying the savings
achieved by the Office of Management and Budget's government-wide
information technology reform efforts: Provided further, That such
report shall include savings identified by fiscal year, agency and
appropriation.
Unanticipated Needs
For expenses necessary to enable the President to meet
unanticipated needs, in furtherance of the national interest, security,
or defense which may arise at home or abroad during the current fiscal
year, as authorized by 3 U.S.C. 108, $988,000, to remain available
until September 30, 2013.
Special Assistance to the President
salaries and expenses
For necessary expenses to enable the Vice President to provide
assistance to the President in connection with specially assigned
functions; services as authorized by 5 U.S.C. 3109 and 3 U.S.C. 106,
including subsistence expenses as authorized by 3 U.S.C. 106, which
shall be expended and accounted for as provided in that section; and
hire of passenger motor vehicles, $4,328,000.
Official Residence of the Vice President
operating expenses
(including transfer of funds)
For the care, operation, refurnishing, improvement, and to the
extent not otherwise provided for, heating and lighting, including
electric power and fixtures, of the official residence of the Vice
President; the hire of passenger motor vehicles; and not to exceed
$90,000 for official entertainment expenses of the Vice President, to
be accounted for solely on his certificate, $307,000: Provided, That
advances or repayments or transfers from this appropriation may be made
to any department or agency for expenses of carrying out such
activities.
Administrative Provisions--Executive Office of the President and Funds
Appropriated to the President
(including transfers of funds and rescissions)
Sec. 201. From funds made available in this Act under the headings
``The White House'', ``Executive Residence at the White House'',
``White House Repair and Restoration'', ``Council of Economic
Advisers'', ``National Security Council and Homeland Security
Council'', ``Office of Administration'', ``Special Assistance to the
President'', and ``Official Residence of the Vice President'', the
Director of the Office of Management and Budget (or such other officer
as the President may designate in writing), may, 15 days after giving
notice to the Committees on Appropriations of the House of
Representatives and the Senate, transfer not to exceed 10 percent of
any such appropriation to any other such appropriation, to be merged
with and available for the same time and for the same purposes as the
appropriation to which transferred: Provided, That the amount of an
appropriation shall not be increased by more than 50 percent by such
transfers: Provided further, That no amount shall be transferred from
``Special Assistance to the President'' or ``Official Residence of the
Vice President'' without the approval of the Vice President.
Sec. 202. The Director of the Office of Management and Budget
shall submit to the Committees on Appropriations of the House and the
Senate a report on the implementation of Executive Order 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. Within 120 days after the date of enactment of this
section, the Director of the Office of Management and Budget shall
submit a report to the Committees on Appropriations of the House and
the Senate on the costs of implementing the Dodd-Frank Wall Street
Reform and Consumer Protection Act (Public Law 111-203). Such report
shall include--
(1) the estimated mandatory and discretionary obligations of
funds through fiscal year 2014, by Federal agency and by fiscal
year, including--
(A) the estimated obligations by cost inputs such as rent,
information technology, contracts, and personnel;
(B) the methodology and data sources used to calculate such
estimated obligations; and
(C) the specific section of such Act that requires the
obligation of funds; and
(2) the estimated receipts through fiscal year 2014 from
assessments, user fees, and other fees by the Federal agency making
the collections, by fiscal year, including--
(A) the methodology and data sources used to calculate such
estimated collections; and
(B) the specific section of such Act that authorizes the
collection of funds.
Sec. 204. The Director of the Office of National Drug Control
Policy shall submit to the Committees on Appropriations of the House of
Representatives and the Senate not later than 60 days after the date of
enactment of this Act, and prior to the initial obligation of more than
20 percent of the funds appropriated in any account under the heading
``Office of National Drug Control Policy'', a detailed narrative and
financial plan on the proposed uses of all funds under the account by
program, project, and activity: Provided, That the reports required by
this section shall be updated and submitted to the Committees on
Appropriations every 6 months and shall include information detailing
how the estimates and assumptions contained in previous reports have
changed: Provided further, That any new projects and changes in
funding of ongoing projects shall be subject to the prior approval of
the Committees on Appropriations.
Sec. 205. Not to exceed 2 percent of any appropriations in this
Act made available to the Office of National Drug Control Policy may be
transferred between appropriated programs upon the advance approval of
the Committees on Appropriations: Provided, That no transfer may
increase or decrease any such appropriation by more than 3 percent.
Sec. 206. Not to exceed $1,000,000 of any appropriations in this
Act made available to the Office of National Drug Control Policy may be
reprogrammed within a program, project, or activity upon the advance
approval of the Committees on Appropriations.
Sec. 207. From the unobligated balances of prior year
appropriations made available for the Counterdrug Technology Assessment
Center, $5,244,639 are rescinded.
Sec. 208. From the unobligated balances of prior year
appropriations made available for Other Federal Drug Control Programs,
$359,958 for a chronic users study and $5,723,403 for the National
Anti-Drug Youth Media Campaign are rescinded.
Sec. 209. Of the unobligated balances available under the heading
``Executive Office of the President and Funds Appropriated to the
President--Partnership Fund for Program Integrity Innovation'' in title
II of division C of the Consolidated Appropriations Act, 2010 (Public
Law 111-117), $10,000,000 are rescinded. In addition to the amounts
made available under such heading in this Act, $10,000,000 are
appropriated, to remain available until September 30, 2013.
This title may be cited as the ``Executive Office of the President
Appropriations Act, 2012''.
TITLE III
THE JUDICIARY
Supreme Court of the United States
salaries and expenses
For expenses necessary for the operation of the Supreme Court, as
required by law, excluding care of the building and grounds, including
purchase or hire, driving, maintenance, and operation of an automobile
for the Chief Justice, not to exceed $10,000 for the purpose of
transporting Associate Justices, and hire of passenger motor vehicles
as authorized by 31 U.S.C. 1343 and 1344; not to exceed $10,000 for
official reception and representation expenses; and for miscellaneous
expenses, to be expended as the Chief Justice may approve, $74,819,000,
of which $2,000,000 shall remain available until expended.
care of the building and grounds
For such expenditures as may be necessary to enable the Architect
of the Capitol to carry out the duties imposed upon the Architect by 40
U.S.C. 6111 and 6112, $8,159,000, to remain available until expended.
United States Court of Appeals for the Federal Circuit
salaries and expenses
For salaries of the chief judge, judges, and other officers and
employees, and for necessary expenses of the court, as authorized by
law, $32,511,000.
United States Court of International Trade
salaries and expenses
For salaries of the chief judge and eight judges, salaries of the
officers and employees of the court, services, and necessary expenses
of the court, as authorized by law, $21,447,000.
Courts of Appeals, District Courts, and Other Judicial Services
salaries and expenses
For the salaries of circuit and district judges (including judges
of the territorial courts of the United States), justices and judges
retired from office or from regular active service, judges of the
United States Court of Federal Claims, bankruptcy judges, magistrate
judges, and all other officers and employees of the Federal Judiciary
not otherwise specifically provided for, necessary expenses of the
courts, and the purchase, rental, repair, and cleaning of uniforms for
Probation and Pretrial Services Office staff, as authorized by law,
$5,015,000,000 (including the purchase of firearms and ammunition); of
which not to exceed $27,817,000 shall remain available until expended
for space alteration projects and for furniture and furnishings related
to new space alteration and construction projects.
In addition, for expenses of the United States Court of Federal
Claims associated with processing cases under the National Childhood
Vaccine Injury Act of 1986 (Public Law 99-660), not to exceed
$5,000,000, to be appropriated from the Vaccine Injury Compensation
Trust Fund.
defender services
For the operation of Federal Defender organizations; the
compensation and reimbursement of expenses of attorneys appointed to
represent persons under 18 U.S.C. 3006A and 3599, and for the
compensation and reimbursement of expenses of persons furnishing
investigative, expert, and other services for such representations as
authorized by law; the compensation (in accordance with the maximums
under 18 U.S.C. 3006A) and reimbursement of expenses of attorneys
appointed to assist the court in criminal cases where the defendant has
waived representation by counsel; the compensation and reimbursement of
expenses of attorneys appointed to represent jurors in civil actions
for the protection of their employment, as authorized by 28 U.S.C.
1875(d)(1); the compensation and reimbursement of expenses of attorneys
appointed under 18 U.S.C. 983(b)(1) in connection with certain judicial
civil forfeiture proceedings; the compensation and reimbursement of
travel expenses of guardians ad litem appointed under 18 U.S.C.
4100(b); and for necessary training and general administrative
expenses, $1,031,000,000, to remain available until expended.
fees of jurors and commissioners
For fees and expenses of jurors as authorized by 28 U.S.C. 1871 and
1876; compensation of jury commissioners as authorized by 28 U.S.C.
1863; and compensation of commissioners appointed in condemnation cases
pursuant to rule 71.1(h) of the Federal Rules of Civil Procedure (28
U.S.C. Appendix Rule 71.1(h)), $51,908,000, to remain available until
expended: Provided, That the compensation of land commissioners shall
not exceed the daily equivalent of the highest rate payable under 5
U.S.C. 5332.
court security
(including transfers of funds)
For necessary expenses, not otherwise provided for, incident to the
provision of protective guard services for United States courthouses
and other facilities housing Federal court operations, and the
procurement, installation, and maintenance of security systems and
equipment for United States courthouses and other facilities housing
Federal court operations, including building ingress-egress control,
inspection of mail and packages, directed security patrols, perimeter
security, basic security services provided by the Federal Protective
Service, and other similar activities as authorized by section 1010 of
the Judicial Improvement and Access to Justice Act (Public Law 100-
702), $500,000,000, of which not to exceed $15,000,000 shall remain
available until expended, to be expended directly or transferred to the
United States Marshals Service, which shall be responsible for
administering the Judicial Facility Security Program consistent with
standards or guidelines agreed to by the Director of the Administrative
Office of the United States Courts and the Attorney General.
Administrative Office of the United States Courts
salaries and expenses
For necessary expenses of the Administrative Office of the United
States Courts as authorized by law, including travel as authorized by
31 U.S.C. 1345, hire of a passenger motor vehicle as authorized by 31
U.S.C. 1343(b), advertising and rent in the District of Columbia and
elsewhere, $82,909,000, of which not to exceed $8,500 is authorized for
official reception and representation expenses.
Federal Judicial Center
salaries and expenses
For necessary expenses of the Federal Judicial Center, as
authorized by Public Law 90-219, $27,000,000; of which $1,800,000 shall
remain available through September 30, 2013, to provide education and
training to Federal court personnel; and of which not to exceed $1,500
is authorized for official reception and representation expenses.
Judicial Retirement Funds
payment to judiciary trust funds
For payment to the Judicial Officers' Retirement Fund, as
authorized by 28 U.S.C. 377(o), $86,968,000; to the Judicial Survivors'
Annuities Fund, as authorized by 28 U.S.C. 376(c), $12,600,000; and to
the United States Court of Federal Claims Judges' Retirement Fund, as
authorized by 28 U.S.C. 178(l), $4,200,000.
United States Sentencing Commission
salaries and expenses
For the salaries and expenses necessary to carry out the provisions
of chapter 58 of title 28, United States Code, $16,500,000, of which
not to exceed $1,000 is authorized for official reception and
representation expenses.
Administrative Provisions--The Judiciary
(including transfer of funds)
Sec. 301. Appropriations and authorizations made in this title
which are available for salaries and expenses shall be available for
services as authorized by 5 U.S.C. 3109.
Sec. 302. Not to exceed 5 percent of any appropriation made
available for the current fiscal year for the Judiciary in this Act may
be transferred between such appropriations, but no such appropriation,
except ``Courts of Appeals, District Courts, and Other Judicial
Services, Defender Services'' and ``Courts of Appeals, District Courts,
and Other Judicial Services, Fees of Jurors and Commissioners'', shall
be increased by more than 10 percent by any such transfers: Provided,
That any transfer pursuant to this section shall be treated as a
reprogramming of funds under sections 604 and 608 of this Act and shall
not be available for obligation or expenditure except in compliance
with the procedures set forth in section 608.
Sec. 303. Notwithstanding any other provision of law, the salaries
and expenses appropriation for ``Courts of Appeals, District Courts,
and Other Judicial Services'' shall be available for official reception
and representation expenses of the Judicial Conference of the United
States: Provided, That such available funds shall not exceed $11,000
and shall be administered by the Director of the Administrative Office
of the United States Courts in the capacity as Secretary of the
Judicial Conference.
Sec. 304. Section 3314(a) of title 40, United States Code, shall
be applied by substituting ``Federal'' for ``executive'' each place it
appears.
Sec. 305. In accordance with 28 U.S.C. 561-569, and
notwithstanding any other provision of law, the United States Marshals
Service shall provide, for such courthouses as its Director may
designate in consultation with the Director of the Administrative
Office of the United States Courts, for purposes of a pilot program,
the security services that 40 U.S.C. 1315 authorizes the Department of
Homeland Security to provide, except for the services specified in 40
U.S.C. 1315(b)(2)(E). For building-specific security services at these
courthouses, the Director of the Administrative Office of the United
States Courts shall reimburse the United States Marshals Service rather
than the Department of Homeland Security.
Sec. 306. Section 203(c) of the Judicial Improvements Act of 1990
(Public Law 101-650; 28 U.S.C. 133 note), is amended--
(1) in the third sentence (relating to the District of Kansas),
by striking ``20 years'' and inserting ``21 years''; and
(2) in the seventh sentence (related to the District of
Hawaii), by striking ``17 years'' and inserting ``18 years''.
This title may be cited as the ``Judiciary Appropriations Act,
2012''.
TITLE IV
DISTRICT OF COLUMBIA
Federal Funds
federal payment for resident tuition support
For a Federal payment to the District of Columbia, to be deposited
into a dedicated account, for a nationwide program to be administered
by the Mayor, for District of Columbia resident tuition support,
$30,000,000, to remain available until expended: Provided, That such
funds, including any interest accrued thereon, may be used on behalf of
eligible District of Columbia residents to pay an amount based upon the
difference between in-State and out-of-State tuition at public
institutions of higher education, or to pay up to $2,500 each year at
eligible private institutions of higher education: Provided further,
That the awarding of such funds may be prioritized on the basis of a
resident's academic merit, the income and need of eligible students and
such other factors as may be authorized: Provided further, That the
District of Columbia government shall maintain a dedicated account for
the Resident Tuition Support Program that shall consist of the Federal
funds appropriated to the Program in this Act and any subsequent
appropriations, any unobligated balances from prior fiscal years, and
any interest earned in this or any fiscal year: Provided further, That
the account shall be under the control of the District of Columbia
Chief Financial Officer, who shall use those funds solely for the
purposes of carrying out the Resident Tuition Support Program:
Provided further, That the Office of the Chief Financial Officer shall
provide a quarterly financial report to the Committees on
Appropriations of the House of Representatives and the Senate for these
funds showing, by object class, the expenditures made and the purpose
therefor.
federal payment for emergency planning and security costs in the
district of columbia
For a Federal payment of necessary expenses, as determined by the
Mayor of the District of Columbia in written consultation with the
elected county or city officials of surrounding jurisdictions,
$14,900,000, to remain available until expended and in addition any
funds that remain available from prior year appropriations under this
heading for the District of Columbia Government, for the costs of
providing public safety at events related to the presence of the
national capital in the District of Columbia, including support
requested by the Director of the United States Secret Service Division
in carrying out protective duties under the direction of the Secretary
of Homeland Security, and for the costs of providing support to respond
to immediate and specific terrorist threats or attacks in the District
of Columbia or surrounding jurisdictions.
federal payment to the district of columbia courts
For salaries and expenses for the District of Columbia Courts,
$232,841,000 to be allocated as follows: for the District of Columbia
Court of Appeals, $12,830,000, of which not to exceed $2,500 is for
official reception and representation expenses; for the District of
Columbia Superior Court, $114,209,000, of which not to exceed $2,500 is
for official reception and representation expenses; for the District of
Columbia Court System, $66,712,000, of which not to exceed $2,500 is
for official reception and representation expenses; and $39,090,000, to
remain available until September 30, 2013, for capital improvements for
District of Columbia courthouse facilities: Provided, That funds made
available for capital improvements shall be expended consistent with
the District of Columbia Courts master plan study and building
evaluation report: Provided further, That notwithstanding any other
provision of law, all amounts under this heading shall be apportioned
quarterly by the Office of Management and Budget and obligated and
expended in the same manner as funds appropriated for salaries and
expenses of other Federal agencies: Provided further, That 30 days
after providing written notice to the Committees on Appropriations of
the House of Representatives and the Senate, the District of Columbia
Courts may reallocate not more than $3,000,000 of the funds provided
under this heading among the items and entities funded under this
heading but no such allocation shall be increased by more than 10
percent.
federal payment for defender services in district of columbia courts
(including transfer of funds)
For payments authorized under section 11-2604 and section 11-2605,
D.C. Official Code (relating to representation provided under the
District of Columbia Criminal Justice Act), payments for counsel
appointed in proceedings in the Family Court of the Superior Court of
the District of Columbia under chapter 23 of title 16, D.C. Official
Code, or pursuant to contractual agreements to provide guardian ad
litem representation, training, technical assistance, and such other
services as are necessary to improve the quality of guardian ad litem
representation, payments for counsel appointed in adoption proceedings
under chapter 3 of title 16, D.C. Official Code, and payments
authorized under section 21-2060, D.C. Official Code (relating to
services provided under the District of Columbia Guardianship,
Protective Proceedings, and Durable Power of Attorney Act of 1986),
$55,000,000, to remain available until expended: Provided, That funds
provided under this heading shall be administered by the Joint
Committee on Judicial Administration in the District of Columbia:
Provided further, That notwithstanding any other provision of law, this
appropriation shall be apportioned quarterly by the Office of
Management and Budget and obligated and expended in the same manner as
funds appropriated for expenses of other Federal agencies: Provided
further, That not more than $10,000,000 of the funds provided in this
account may be transferred to, and merged with, funds made available
under the heading ``Federal Payment to the District of Columbia
Courts'' for District of Columbia courthouse facilities.
federal payment to the court services and offender supervision agency
for the district of columbia
For salaries and expenses, including the transfer and hire of motor
vehicles, of the Court Services and Offender Supervision Agency for the
District of Columbia, as authorized by the National Capital
Revitalization and Self-Government Improvement Act of 1997,
$212,983,000, of which not to exceed $2,000 is for official reception
and representation expenses related to Community Supervision and
Pretrial Services Agency programs; of which not to exceed $25,000 is
for dues and assessments relating to the implementation of the Court
Services and Offender Supervision Agency Interstate Supervision Act of
2002; of which $1,000,000 shall remain available until September 30,
2014 for relocation of the Pretrial Services Agency drug testing
laboratory; of which $153,548,000 shall be for necessary expenses of
Community Supervision and Sex Offender Registration, to include
expenses relating to the supervision of adults subject to protection
orders or the provision of services for or related to such persons; of
which $59,435,000 shall be available to the Pretrial Services Agency:
Provided, That notwithstanding any other provision of law, all amounts
under this heading shall be apportioned quarterly by the Office of
Management and Budget and obligated and expended in the same manner as
funds appropriated for salaries and expenses of other Federal agencies:
Provided further, That not less than $1,500,000 shall be available for
re-entrant housing in the District of Columbia: Provided further, That
the Director is authorized to accept and use gifts in the form of in-
kind contributions of space and hospitality to support offender and
defendant programs, and equipment and vocational training services to
educate and train offenders and defendants: Provided further, That the
Director shall keep accurate and detailed records of the acceptance and
use of any gift or donation under the previous proviso, and shall make
such records available for audit and public inspection: Provided
further, That the Court Services and Offender Supervision Agency
Director is authorized to accept and use reimbursement from the
District of Columbia Government for space and services provided on a
cost reimbursable basis.
federal payment to the district of columbia public defender service
For salaries and expenses, including the transfer and hire of motor
vehicles, of the District of Columbia Public Defender Service, as
authorized by the National Capital Revitalization and Self-Government
Improvement Act of 1997, $37,241,000: Provided, That notwithstanding
any other provision of law, all amounts under this heading shall be
apportioned quarterly by the Office of Management and Budget and
obligated and expended in the same manner as funds appropriated for
salaries and expenses of Federal agencies.
federal payment to the district of columbia water and sewer authority
For a Federal payment to the District of Columbia Water and Sewer
Authority, $15,000,000, to remain available until expended, to continue
implementation of the Combined Sewer Overflow Long-Term Plan:
Provided, That the District of Columbia Water and Sewer Authority
provides a 100 percent match for this payment.
federal payment to the criminal justice coordinating council
For a Federal payment to the Criminal Justice Coordinating Council,
$1,800,000, to remain available until expended, to support initiatives
related to the coordination of Federal and local criminal justice
resources in the District of Columbia.
federal payment for judicial commissions
For a Federal payment, to remain available until September 30,
2013, to the Commission on Judicial Disabilities and Tenure, $295,000,
and for the Judicial Nomination Commission, $205,000.
federal payment for school improvement
For a Federal payment for a school improvement program in the
District of Columbia, $60,000,000, to remain available until expended,
for payments authorized under the Scholarship for Opportunity and
Results Act (division C of Public Law 112-10).
federal payment for the district of columbia national guard
For a Federal payment to the District of Columbia National Guard,
$375,000, to remain available until expended for the Major General
David F. Wherley, Jr. District of Columbia National Guard Retention and
College Access Program.
federal payment for testing and treatment of hiv/aids
For a Federal payment to the District of Columbia for the testing
of individuals for, and the treatment of individuals with, human
immunodeficiency virus and acquired immunodeficiency syndrome in the
District of Columbia, $5,000,000.
District of Columbia Funds
The following amounts are appropriated for the District of Columbia
for the current fiscal year out of the General Fund of the District of
Columbia (``General Fund''), except as otherwise specifically provided:
Provided, That notwithstanding any other provision of law, except as
provided in section 450A of the District of Columbia Home Rule Act,
(114 Stat. 2440; D.C. Official Code, section 1-204.50a) and provisions
of this Act, the total amount appropriated in this Act for operating
expenses for the District of Columbia for fiscal year 2012 under this
heading shall not exceed the lesser of the sum of the total revenues of
the District of Columbia for such fiscal year or $10,916,966,000 (of
which $6,208,646,000 shall be from local funds, (including $526,594,000
from dedicated taxes), $1,015,449,000 shall be from Federal grant
funds, $1,499,115,000 from Medicaid payments, $2,040,504,000 shall be
from other funds, and $25,677,000 shall be from private funds, and
$127,575,000 shall be from funds previously appropriated in this Act as
Federal payments: Provided further, That of the local funds, such
amounts as may be necessary may be derived from the District's General
Fund balance: Provided further, That of these funds the District's
intra-District authority shall be $619,632,000: in addition, for
capital construction projects, an increase of $4,007,501,000, of which
$2,934,011,000 shall be from local funds, $223,858,000 from the
District of Columbia Highway Trust Fund, $33,140,000 from the Local
Transportation Fund, $816,492,000 from Federal grant funds, and a
rescission of $2,849,882,000 of which $1,796,345,000 shall be from
local funds, $749,426,000 from Federal grant funds, $252,694,000 from
the District of Columbia Highway Trust Fund, and $51,416,000 from the
Local Transportation Fund appropriated under this heading in prior
fiscal years, for a net amount of $1,157,619,000, to remain available
until expended: Provided further, That the amounts provided under this
heading are to be available, allocated, and expended as proposed under
title III of the Fiscal Year 2012 Budget Request Act of 2011, at the
rate set forth under ``District of Columbia Funds Division of
Expenses'' as included in the Fiscal Year 2012 Proposed Budget and
Financial Plan submitted to the Congress by the District of Columbia:
Provided further, That this amount may be increased by proceeds of one-
time transactions, which are expended for emergency or unanticipated
operating or capital needs: Provided further, That such increases
shall be approved by enactment of local District law and shall comply
with all reserve requirements contained in the District of Columbia
Home Rule Act: Provided further, That the Chief Financial Officer of
the District of Columbia shall take such steps as are necessary to
assure that the District of Columbia meets these requirements,
including the apportioning by the Chief Financial Officer of the
appropriations and funds made available to the District during fiscal
year 2012, except that the Chief Financial Officer may not reprogram
for operating expenses any funds derived from bonds, notes, or other
obligations issued for capital projects.
This title may be cited as the ``District of Columbia
Appropriations Act, 2012''.
TITLE V
INDEPENDENT AGENCIES
Administrative Conference of the United States
salaries and expenses
For necessary expenses of the Administrative Conference of the
United States, authorized by 5 U.S.C. 591 et seq., $2,900,000, to
remain available until September 30, 2013, of which not to exceed
$1,000 is for official reception and representation expenses.
Christopher Columbus Fellowship Foundation
salaries and expenses
For payment to the Christopher Columbus Fellowship Foundation,
established by section 423 of Public Law 102-281, $450,000, to remain
available until expended.
Consumer Product Safety Commission
salaries and expenses
For necessary expenses of the Consumer Product Safety Commission,
including hire of passenger motor vehicles, services as authorized by 5
U.S.C. 3109, but at rates for individuals not to exceed the per diem
rate equivalent to the maximum rate payable under 5 U.S.C. 5376,
purchase of nominal awards to recognize non-Federal officials'
contributions to Commission activities, and not to exceed $4,000 for
official reception and representation expenses, $114,500,000, of which
$500,000 shall remain available until September 30, 2013, to implement
the Virginia Graeme Baker Pool and Spa Safety Act grant program as
provided by section 1405 of Public Law 110-140 (15 U.S.C. 8004).
administrative provisions--consumer product safety commission
Sec. 501. Section 4(g) of the Consumer Product Safety Act (15
U.S.C. 2053(g)) is amended by adding at the end the following:
``(5) The Chairman may provide to officers and employees of the
Commission who are appointed or assigned by the Commission to serve
abroad (as defined in section 102 of the Foreign Service Act of
1980 (22 U.S.C. 3902)) travel benefits similar to those authorized
for members of the Foreign Service of the United Service under
chapter 9 of such Act (22 U.S.C. 4081 et seq.).''.
Sec. 502. (a) Extension of Grant Program.--Section 1405(e) of the
Virginia Graeme Baker Pool and Spa Safety Act (15 U.S.C. 8004(e)) is
amended by striking ``2011'' and inserting ``2012''.
(b) New Swimming Pools.--Section 1405(b) of the Virginia Graeme
Baker Pool and Spa Safety Act (15 U.S.C. 8004 (b)) is amended by
inserting ``constructed after the date that is 6 months after the date
of enactment of the Financial Services and General Government
Appropriations Act, 2012'' after ``swimming pools''.
Sec. 503. Not later than 1 year after the date of the enactment of
this Act, the Comptroller General of the United States shall conduct an
analysis of the potential safety risks associated with new and emerging
consumer products, including chemicals and other materials used in
their manufacture, taking into account the ability and authority of the
Consumer Product Safety Commission--
(1) to identify, assess, and address such risks in a timely
manner; and
(2) to keep abreast of the effects of new and emerging consumer
products on public health and safety.
Sec. 504. Not later than 150 days after the date of the enactment
of this Act, the Comptroller General of the United States shall conduct
an analysis of--
(1) the extent to which manufacturers comply with voluntary
industry standards for consumer products, particularly with respect
to inexpensive, imported products;
(2) whether there are consequences for such manufacturers for
failing to comply with such standards;
(3) whether the Consumer Product Safety Commission has the
authority and the ability to require compliance with such
standards; and
(4) whether there are patterns of non-compliance with such
standards among certain types of products or certain types of
manufacturers.
Election Assistance Commission
salaries and expenses
(including transfer of funds)
For necessary expenses to carry out the Help America Vote Act of
2002 (Public Law 107-252), $11,500,000, of which $2,750,000 shall be
transferred to the National Institute of Standards and Technology for
election reform activities authorized under the Help America Vote Act
of 2002, and of which $1,250,000 shall be for the Office of Inspector
General.
Federal Communications Commission
salaries and expenses
For necessary expenses of the Federal Communications Commission, as
authorized by law, including uniforms and allowances therefor, as
authorized by 5 U.S.C. 5901-5902; not to exceed $4,000 for official
reception and representation expenses; purchase and hire of motor
vehicles; special counsel fees; and services as authorized by 5 U.S.C.
3109, $339,844,000: Provided, That $339,844,000 of offsetting
collections shall be assessed and collected pursuant to section 9 of
title I of the Communications Act of 1934, shall be retained and used
for necessary expenses in this appropriation, and shall remain
available until expended: Provided further, That the sum herein
appropriated shall be reduced as such offsetting collections are
received during fiscal year 2012 so as to result in a final fiscal year
2012 appropriation estimated at $0: Provided further, That any
offsetting collections received in excess of $339,844,000 in fiscal
year 2012 shall not be available for obligation: Provided further,
That remaining offsetting collections from prior years collected in
excess of the amount specified for collection in each such year and
otherwise becoming available on October 1, 2011, shall not be available
for obligation: Provided further, That notwithstanding 47 U.S.C.
309(j)(8)(B), proceeds from the use of a competitive bidding system
that may be retained and made available for obligation shall not exceed
$85,000,000 for fiscal year 2012: Provided further, That of the amount
appropriated under this heading, not less than $9,750,000 shall be for
the salaries and expenses of the Office of Inspector General.
administrative provisions--federal communications commission
Sec. 510. Section 302 of the Universal Service Antideficiency
Temporary Suspension Act is amended by striking ``December 31, 2011'',
each place it appears and inserting ``December 31, 2013''.
Sec. 511. None of the funds appropriated by this Act may be used
by the Federal Communications Commission to modify, amend, or change
its rules or regulations for universal service support payments to
implement the February 27, 2004 recommendations of the Federal-State
Joint Board on Universal Service regarding single connection or primary
line restrictions on universal service support payments.
Federal Deposit Insurance Corporation
office of the inspector general
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978,
$45,261,000, to be derived from the Deposit Insurance Fund or, only
when appropriate, the FSLIC Resolution Fund.
Federal Election Commission
salaries and expenses
For necessary expenses to carry out the provisions of the Federal
Election Campaign Act of 1971, $66,367,000, of which not to exceed
$5,000 shall be available for reception and representation expenses.
Federal Labor Relations Authority
salaries and expenses
For necessary expenses to carry out functions of the Federal Labor
Relations Authority, pursuant to Reorganization Plan Numbered 2 of
1978, and the Civil Service Reform Act of 1978, including services
authorized by 5 U.S.C. 3109, and including hire of experts and
consultants, hire of passenger motor vehicles, and including official
reception and representation expenses (not to exceed $1,500) and rental
of conference rooms in the District of Columbia and elsewhere,
$24,723,000: Provided, That public members of the Federal Service
Impasses Panel may be paid travel expenses and per diem in lieu of
subsistence as authorized by law (5 U.S.C. 5703) for persons employed
intermittently in the Government service, and compensation as
authorized by 5 U.S.C. 3109: Provided further, That notwithstanding 31
U.S.C. 3302, funds received from fees charged to non-Federal
participants at labor-management relations conferences shall be
credited to and merged with this account, to be available without
further appropriation for the costs of carrying out these conferences.
Federal Trade Commission
salaries and expenses
For necessary expenses of the Federal Trade Commission, including
uniforms or allowances therefor, as authorized by 5 U.S.C. 5901-5902;
services as authorized by 5 U.S.C. 3109; hire of passenger motor
vehicles; and not to exceed $2,000 for official reception and
representation expenses, $311,563,000, to remain available until
expended: Provided, That not to exceed $300,000 shall be available for
use to contract with a person or persons for collection services in
accordance with the terms of 31 U.S.C. 3718: Provided further, That,
notwithstanding any other provision of law, not to exceed $108,000,000
of offsetting collections derived from fees collected for premerger
notification filings under the Hart-Scott-Rodino Antitrust Improvements
Act of 1976 (15 U.S.C. 18a), regardless of the year of collection,
shall be retained and used for necessary expenses in this
appropriation: Provided further, That, notwithstanding any other
provision of law, not to exceed $21,000,000 in offsetting collections
derived from fees sufficient to implement and enforce the Telemarketing
Sales Rule, promulgated under the Telemarketing and Consumer Fraud and
Abuse Prevention Act (15 U.S.C. 6101 et seq.), shall be credited to
this account, and be retained and used for necessary expenses in this
appropriation: Provided further, That the sum herein appropriated from
the general fund shall be reduced as such offsetting collections are
received during fiscal year 2012, so as to result in a final fiscal
year 2012 appropriation from the general fund estimated at not more
than $182,563,000: Provided further, That none of the funds made
available to the Federal Trade Commission may be used to implement
subsection (e)(2)(B) of section 43 of the Federal Deposit Insurance Act
(12 U.S.C. 1831t).
General Services Administration
real property activities
federal buildings fund
limitations on availability of revenue
Amounts in the Fund, including revenues and collections deposited
into the Fund shall be available for necessary expenses of real
property management and related activities not otherwise provided for,
including operation, maintenance, and protection of federally owned and
leased buildings; rental of buildings in the District of Columbia;
restoration of leased premises; moving governmental agencies (including
space adjustments and telecommunications relocation expenses) in
connection with the assignment, allocation and transfer of space;
contractual services incident to cleaning or servicing buildings, and
moving; repair and alteration of federally owned buildings including
grounds, approaches and appurtenances; care and safeguarding of sites;
maintenance, preservation, demolition, and equipment; acquisition of
buildings and sites by purchase, condemnation, or as otherwise
authorized by law; acquisition of options to purchase buildings and
sites; conversion and extension of federally owned buildings;
preliminary planning and design of projects by contract or otherwise;
construction of new buildings (including equipment for such buildings);
and payment of principal, interest, and any other obligations for
public buildings acquired by installment purchase and purchase
contract; in the aggregate amount of $8,017,967,000, of which: (1)
$50,000,000 shall remain available until expended for construction and
acquisition (including funds for sites and expenses, and associated
design and construction services): Provided, That the General Services
Administration shall submit a detailed plan, by project, regarding the
use of funds to the Committees on Appropriations of the House of
Representatives and the Senate within 30 days of enactment of this
section and will provide notification to the Committees within 15 days
prior to any changes regarding the use of these funds; (2) $280,000,000
shall remain available until expended for repairs and alterations,
which includes associated design and construction services, of which
$260,000,000 is for Basic Repairs and Alterations and $20,000,000 is
for a Judiciary Capital Security program: Provided further, That funds
made available in this or any previous Act in the Federal Buildings
Fund for Repairs and Alterations shall, for prospectus projects, be
limited to the amount identified for each project, except each project
in this or any previous Act may be increased by an amount not to exceed
10 percent unless advance approval is obtained from the Committees on
Appropriations of a greater amount: Provided further, That additional
projects for which prospectuses have been fully approved may be funded
under this category only if advance approval is obtained from the
Committees on Appropriations: Provided further, That the amounts
provided in this or any prior Act for ``Repairs and Alterations'' may
be used to fund costs associated with implementing security
improvements to buildings necessary to meet the minimum standards for
security in accordance with current law and in compliance with the
reprogramming guidelines of the appropriate Committees of the House and
Senate: Provided further, That the difference between the funds
appropriated and expended on any projects in this or any prior Act,
under the heading ``Repairs and Alterations'', may be transferred to
Basic Repairs and Alterations or used to fund authorized increases in
prospectus projects: Provided further, That all funds for repairs and
alterations prospectus projects shall expire on September 30, 2013 and
remain in the Federal Buildings Fund except funds for projects as to
which funds for design or other funds have been obligated in whole or
in part prior to such date: Provided further, That the amount provided
in this or any prior Act for Basic Repairs and Alterations may be used
to pay claims against the Government arising from any projects under
the heading ``Repairs and Alterations'' or used to fund authorized
increases in prospectus projects; (3) $126,801,000 for installment
acquisition payments including payments on purchase contracts which
shall remain available until expended; (4) $5,210,198,000 for rental of
space which shall remain available until expended; and (5)
$2,350,968,000 for building operations which shall remain available
until expended: Provided further, That funds available to the General
Services Administration shall not be available for expenses of any
construction, repair, alteration and acquisition project for which a
prospectus, if required by 40 U.S.C. 3307(a), has not been approved,
except that necessary funds may be expended for each project for
required expenses for the development of a proposed prospectus:
Provided further, That funds available in the Federal Buildings Fund
may be expended for emergency repairs when advance approval is obtained
from the Committees on Appropriations: Provided further, That amounts
necessary to provide reimbursable special services to other agencies
under 40 U.S.C. 592(b)(2) and amounts to provide such reimbursable
fencing, lighting, guard booths, and other facilities on private or
other property not in Government ownership or control as may be
appropriate to enable the United States Secret Service to perform its
protective functions pursuant to 18 U.S.C. 3056, shall be available
from such revenues and collections: Provided further, That revenues
and collections and any other sums accruing to this Fund during fiscal
year 2012, excluding reimbursements under 40 U.S.C. 592(b)(2) in excess
of the aggregate new obligational authority authorized for Real
Property Activities of the Federal Buildings Fund in this Act shall
remain in the Fund and shall not be available for expenditure except as
authorized in appropriations Acts.
general activities
government-wide policy
For expenses authorized by law, not otherwise provided for, for
Government-wide policy and evaluation activities associated with the
management of real and personal property assets and certain
administrative services; Government-wide policy support
responsibilities relating to acquisition, telecommunications,
information technology management, and related technology activities;
and services as authorized by 5 U.S.C. 3109; $61,115,000.
operating expenses
For expenses authorized by law, not otherwise provided for, for
Government-wide activities associated with utilization and donation of
surplus personal property; disposal of real property; agency-wide
policy direction, management, and communications; the Civilian Board of
Contract Appeals; services as authorized by 5 U.S.C. 3109; and not to
exceed $7,500 for official reception and representation expenses;
$69,500,000.
office of inspector general
For necessary expenses of the Office of Inspector General and
service authorized by 5 U.S.C. 3109, $58,000,000: Provided, That not
to exceed $15,000 shall be available for payment for information and
detection of fraud against the Government, including payment for
recovery of stolen Government property: Provided further, That not to
exceed $2,500 shall be available for awards to employees of other
Federal agencies and private citizens in recognition of efforts and
initiatives resulting in enhanced Office of Inspector General
effectiveness.
electronic government fund
(including transfer of funds)
For necessary expenses in support of interagency projects that
enable the Federal Government to expand its ability to conduct
activities electronically, through the development and implementation
of innovative uses of the Internet and other electronic methods,
$12,400,000, to remain available until expended: Provided, That these
funds may be transferred to Federal agencies to carry out the purpose
of the Fund: Provided further, That this transfer authority shall be
in addition to any other transfer authority provided in this Act:
Provided further, That such transfers may not be made until 10 days
after a proposed spending plan and explanation for each project to be
undertaken has been submitted to the Committees on Appropriations of
the House of Representatives and the Senate.
allowances and office staff for former presidents
For carrying out the provisions of the Act of August 25, 1958 (3
U.S.C. 102 note), and Public Law 95-138, $3,671,000.
federal citizen services fund
For necessary expenses of the Office of Citizen Services and
Innovative Technologies, including services authorized by 5 U.S.C.
3109, $34,100,000, to be deposited into the Federal Citizen Services
Fund: Provided, That the appropriations, revenues, and collections
deposited into the Fund shall be available for necessary expenses of
Federal Citizen Services activities in the aggregate amount not to
exceed $90,000,000. Appropriations, revenues, and collections accruing
to this Fund during fiscal year 2012 in excess of such amount shall
remain in the Fund and shall not be available for expenditure except as
authorized in appropriations Acts.
Administrative Provisions--General Services Administration
(including transfers of funds and rescission)
Sec. 520. Funds available to the General Services Administration
shall be available for the hire of passenger motor vehicles.
Sec. 521. Funds in the Federal Buildings Fund made available for
fiscal year 2012 for Federal Buildings Fund activities may be
transferred between such activities only to the extent necessary to
meet program requirements: Provided, That any proposed transfers shall
be approved in advance to the Committees on Appropriations of the House
of Representatives and the Senate.
Sec. 522. Except as otherwise provided in this title, funds made
available by this Act shall be used to transmit a fiscal year 2013
request for United States Courthouse construction only if the request:
(1) meets the design guide standards for construction as established
and approved by the General Services Administration, the Judicial
Conference of the United States, and the Office of Management and
Budget; (2) reflects the priorities of the Judicial Conference of the
United States as set out in its approved 5-year construction plan; and
(3) includes a standardized courtroom utilization study of each
facility to be constructed, replaced, or expanded.
Sec. 523. None of the funds provided in this Act may be used to
increase the amount of occupiable square feet, provide cleaning
services, security enhancements, or any other service usually provided
through the Federal Buildings Fund, to any agency that does not pay the
rate per square foot assessment for space and services as determined by
the General Services Administration in consideration of the Public
Buildings Amendments Act of 1972 (Public Law 92-313).
Sec. 524. From funds made available under the heading ``Federal
Buildings Fund, Limitations on Availability of Revenue'', claims
against the Government of less than $250,000 arising from direct
construction projects and acquisition of buildings may be liquidated
from savings effected in other construction projects with prior
notification to the Committees on Appropriations of the House of
Representatives and the Senate.
Sec. 525. In any case in which the Committee on Transportation and
Infrastructure of the House of Representatives and the Committee on
Environment and Public Works of the Senate adopt a resolution granting
lease authority pursuant to a prospectus transmitted to Congress by the
Administrator of the General Services Administration under 40 U.S.C.
3307, the Administrator shall ensure that the delineated area of
procurement is identical to the delineated area included in the
prospectus for all lease agreements, except that, if the Administrator
determines that the delineated area of the procurement should not be
identical to the delineated area included in the prospectus, the
Administrator shall provide an explanatory statement to each of such
committees and the Committees on Appropriations of the House of
Representatives and the Senate prior to exercising any lease authority
provided in the resolution.
Sec. 526. Section 1703 of title 41 U.S.C. is amended in paragraph
(i)(6) by:
(1) deleting ``for training''; and
(2) deleting ``paragraph (2)'' and inserting in lieu thereof
``subparagraphs (A) and (C) to (J) of section 1122(a)(5) of this
title''.
Sec. 527. Of the amounts made available under the heading ``Policy
and Operations'' for the maintenance, protection, and disposal of the
U.S. Coast Guard Service Center at Governor's Island, New York and the
Lorton Correctional Facility in Lorton, Virginia in prior years whether
appropriated directly to the General Services Administration (GSA) or
to any other agency of the Government and received by GSA for such
purpose, $4,600,000 are rescinded.
Sec. 528. Within 120 days of enactment, the General Services
Administration shall submit a detailed report to the Committees on
Appropriations of the House of Representatives and the Senate that
describes each program, project, or activity that is funded by
appropriations to General Services Administration but is not under the
control or direction, in statute or in practice, of the Administrator
of General Services.
Harry S Truman Scholarship Foundation
salaries and expenses
For payment to the Harry S Truman Scholarship Foundation Trust
Fund, established by section 10 of Public Law 93-642, $748,000, to
remain available until expended.
Merit Systems Protection Board
salaries and expenses
(including transfer of funds)
For necessary expenses to carry out functions of the Merit Systems
Protection Board pursuant to Reorganization Plan Numbered 2 of 1978,
the Civil Service Reform Act of 1978, and the Whistleblower Protection
Act of 1989 (5 U.S.C. 5509 note), including services as authorized by 5
U.S.C. 3109, rental of conference rooms in the District of Columbia and
elsewhere, hire of passenger motor vehicles, direct procurement of
survey printing, and not to exceed $2,000 for official reception and
representation expenses, $40,258,000, to remain available until
September 30, 2013, together with not to exceed $2,345,000, to remain
available until September 30, 2013, for administrative expenses to
adjudicate retirement appeals to be transferred from the Civil Service
Retirement and Disability Fund in amounts determined by the Merit
Systems Protection Board.
Morris K. Udall and Stewart L. Udall Foundation
morris k. udall and stewart l. udall trust fund
For payment to the Morris K. Udall and Stewart L. Udall Trust Fund,
pursuant to the Morris K. Udall and Stewart L. Udall Foundation Act (20
U.S.C. 5601 et seq.), $2,200,000, to remain available until expended,
of which, notwithstanding sections 8 and 9 of such Act: (1) up to
$50,000 shall be used to conduct financial audits pursuant to the
Accountability of Tax Dollars Act of 2002 (Public Law 107-289); and (2)
up to $1,000,000 shall be available to carry out the activities
authorized by section 6(7) of Public Law 102-259 (20 U.S.C. 5604(7)).
environmental dispute resolution fund
For payment to the Environmental Dispute Resolution Fund to carry
out activities authorized in the Environmental Policy and Conflict
Resolution Act of 1998, $3,792,000, to remain available until expended.
National Archives and Records Administration
operating expenses
(including transfer of funds)
For necessary expenses in connection with the administration of the
National Archives and Records Administration (including the Information
Security Oversight Office) and archived Federal records and related
activities, as provided by law, and for expenses necessary for the
review and declassification of documents and the activities of the
Public Interest Declassification Board, and for necessary expenses in
connection with the operations and maintenance of the electronic
records archives to include all direct project costs associated with
research, program management, and corrective and adaptive software
maintenance, and for the hire of passenger motor vehicles, and for
uniforms or allowances therefor, as authorized by law (5 U.S.C. 5901 et
seq.), including maintenance, repairs, and cleaning, $373,300,000:
Provided, That all remaining balances appropriated in prior fiscal
years under the heading ``Electronic Records Archives'' shall be
transferred to this account.
office of inspector general
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Reform Act of
2008, Public Law 110-409, 122 Stat. 4302-16 (2008), and the Inspector
General Act of 1978 (5 U.S.C. App.), and for the hire of passenger
motor vehicles, $4,100,000.
repairs and restoration
For the repair, alteration, and improvement of archives facilities,
and to provide adequate storage for holdings, $9,100,000, to remain
available until expended: Provided, That from amounts made available
for the Military Personnel Records Center requirement study under this
heading in Public Law 108-199, the remaining unobligated balances shall
be available to implement the National Archives and Records
Administration Capital Improvement Plan: Provided further, That from
amounts made available under this heading in Public Law 111-8 for
construction costs and related services for building the addition to
the John F. Kennedy Presidential Library and Museum and other necessary
expenses, including renovating the Library as needed in constructing
the addition, the remaining unobligated balances shall be available to
implement the National Archives and Records Administration Capital
Improvement Plan.
national historical publications and records commission
grants program
For necessary expenses for allocations and grants for historical
publications and records as authorized by 44 U.S.C. 2504, $5,000,000,
to remain available until expended.
National Credit Union Administration
central liquidity facility
During fiscal year 2012, gross obligations of the Central Liquidity
Facility for the principal amount of new direct loans to member credit
unions, as authorized by 12 U.S.C. 1795 et seq., shall be the amount
authorized by section 307(a)(4)(A) of the Federal Credit Union Act (12
U.S.C. 1795f(a)(4)(A)): Provided, That administrative expenses of the
Central Liquidity Facility in fiscal year 2012 shall not exceed
$1,250,000.
community development revolving loan fund
For the Community Development Revolving Loan Fund program as
authorized by 42 U.S.C. 9812, 9822 and 9910, $1,247,000 shall be
available until September 30, 2013, for technical assistance to low-
income designated credit unions.
Office of Government Ethics
salaries and expenses
For necessary expenses to carry out functions of the Office of
Government Ethics pursuant to the Ethics in Government Act of 1978, and
the Ethics Reform Act of 1989, including services as authorized by 5
U.S.C. 3109, rental of conference rooms in the District of Columbia and
elsewhere, hire of passenger motor vehicles, and not to exceed $1,500
for official reception and representation expenses, $13,664,000.
Office of Personnel Management
salaries and expenses
(including transfer of trust funds)
For necessary expenses to carry out functions of the Office of
Personnel Management (OPM) pursuant to Reorganization Plan Numbered 2
of 1978 and the Civil Service Reform Act of 1978, including services as
authorized by 5 U.S.C. 3109; medical examinations performed for
veterans by private physicians on a fee basis; rental of conference
rooms in the District of Columbia and elsewhere; hire of passenger
motor vehicles; not to exceed $2,500 for official reception and
representation expenses; advances for reimbursements to applicable
funds of OPM and the Federal Bureau of Investigation for expenses
incurred under Executive Order No. 10422 of January 9, 1953, as
amended; and payment of per diem and/or subsistence allowances to
employees where Voting Rights Act activities require an employee to
remain overnight at his or her post of duty, $97,774,000, of which
$6,004,000 shall remain available until expended for the Enterprise
Human Resources Integration project, of which $642,000 may be for
strengthening the capacity and capabilities of the acquisition
workforce (as defined by the Office of Federal Procurement Policy Act,
as amended (41 U.S.C. 4001 et seq.)), including the recruitment,
hiring, training, and retention of such workforce and information
technology in support of acquisition workforce effectiveness or for
management solutions to improve acquisition management, and of which
$1,416,000 shall remain available until expended for the Human
Resources Line of Business project; and in addition $112,516,000 for
administrative expenses, to be transferred from the appropriate trust
funds of OPM without regard to other statutes, including direct
procurement of printed materials, for the retirement and insurance
programs: Provided, That the provisions of this appropriation shall
not affect the authority to use applicable trust funds as provided by
sections 8348(a)(1)(B), and 9004(f)(2)(A) of title 5, United States
Code: Provided further, That no part of this appropriation shall be
available for salaries and expenses of the Legal Examining Unit of OPM
established pursuant to Executive Order No. 9358 of July 1, 1943, or
any successor unit of like purpose: Provided further, That the
President's Commission on White House Fellows, established by Executive
Order No. 11183 of October 3, 1964, may, during fiscal year 2012,
accept donations of money, property, and personal services: Provided
further, That such donations, including those from prior years, may be
used for the development of publicity materials to provide information
about the White House Fellows, except that no such donations shall be
accepted for travel or reimbursement of travel expenses, or for the
salaries of employees of such Commission.
office of inspector general
salaries and expenses
(including transfer of trust funds)
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978,
including services as authorized by 5 U.S.C. 3109, hire of passenger
motor vehicles, $3,142,000, and in addition, not to exceed $21,174,000
for administrative expenses to audit, investigate, and provide other
oversight of the Office of Personnel Management's retirement and
insurance programs, to be transferred from the appropriate trust funds
of the Office of Personnel Management, as determined by the Inspector
General: Provided, That the Inspector General is authorized to rent
conference rooms in the District of Columbia and elsewhere.
government payment for annuitants, employees health benefits
For payment of Government contributions with respect to retired
employees, as authorized by chapter 89 of title 5, United States Code,
and the Retired Federal Employees Health Benefits Act (74 Stat. 849),
such sums as may be necessary.
government payment for annuitants, employee life insurance
For payment of Government contributions with respect to employees
retiring after December 31, 1989, as required by chapter 87 of title 5,
United States Code, such sums as may be necessary.
payment to civil service retirement and disability fund
For financing the unfunded liability of new and increased annuity
benefits becoming effective on or after October 20, 1969, as authorized
by 5 U.S.C. 8348, and annuities under special Acts to be credited to
the Civil Service Retirement and Disability Fund, such sums as may be
necessary: Provided, That annuities authorized by the Act of May 29,
1944, and the Act of August 19, 1950 (33 U.S.C. 771-775), may hereafter
be paid out of the Civil Service Retirement and Disability Fund.
Office of Special Counsel
salaries and expenses
For necessary expenses to carry out functions of the Office of
Special Counsel pursuant to Reorganization Plan Numbered 2 of 1978, the
Civil Service Reform Act of 1978 (Public Law 95-454), the Whistleblower
Protection Act of 1989 (Public Law 101-12), Public Law 107-304, and the
Uniformed Services Employment and Reemployment Rights Act of 1994
(Public Law 103-353), including services as authorized by 5 U.S.C.
3109, payment of fees and expenses for witnesses, rental of conference
rooms in the District of Columbia and elsewhere, and hire of passenger
motor vehicles; $18,972,000.
Postal Regulatory Commission
salaries and expenses
(including transfer of funds)
For necessary expenses of the Postal Regulatory Commission in
carrying out the provisions of the Postal Accountability and
Enhancement Act (Public Law 109-435), $14,304,000, to be derived by
transfer from the Postal Service Fund and expended as authorized by
section 603(a) of such Act.
Privacy and Civil Liberties Oversight Board
salaries and expenses
For necessary expenses of the Privacy and Civil Liberties Oversight
Board, as authorized by section 1061 of the Intelligence Reform and
Terrorism Prevention Act of 2004 (5 U.S.C. 601 note), $900,000, to
remain available until September 30, 2013.
Recovery Accountability and Transparency Board
salaries and expenses
For necessary expenses of the Recovery Accountability and
Transparency Board to carry out the provisions of title XV of the
American Recovery and Reinvestment Act of 2009 (Public Law 111-5), and
to develop and test information technology resources and oversight
mechanisms to enhance transparency of and detect and remediate waste,
fraud, and abuse in Federal spending, $28,350,000, to remain available
until September 30, 2013.
Securities and Exchange Commission
salaries and expenses
For necessary expenses for the Securities and Exchange Commission,
including services as authorized by 5 U.S.C. 3109, the rental of space
(to include multiple year leases) in the District of Columbia and
elsewhere, and not to exceed $3,500 for official reception and
representation expenses, $1,321,000,000, to remain available until
expended; of which not less than $6,795,000 shall be for the Office of
Inspector General; of which not to exceed $45,000 shall be available
for a permanent secretariat for the International Organization of
Securities Commissions; and of which not to exceed $100,000 shall be
available for expenses for consultations and meetings hosted by the
Commission with foreign governmental and other regulatory officials,
members of their delegations and staffs to exchange views concerning
securities matters, such expenses to include necessary logistic and
administrative expenses and the expenses of Commission staff and
foreign invitees in attendance including: (1) incidental expenses such
as meals; (2) travel and transportation; and (3) related lodging or
subsistence: Provided, That fees and charges authorized by section 31
of the Securities Exchange Act of 1934 (15 U.S.C. 78ee) shall be
credited to this account as offsetting collections: Provided further,
That not to exceed $1,321,000,000 of such offsetting collections shall
be available until expended for necessary expenses of this account:
Provided further, That the total amount appropriated under this heading
from the general fund for fiscal year 2012 shall be reduced as such
offsetting fees are received so as to result in a final total fiscal
year 2012 appropriation from the general fund estimated at not more
than $0.
Selective Service System
salaries and expenses
For necessary expenses of the Selective Service System, including
expenses of attendance at meetings and of training for uniformed
personnel assigned to the Selective Service System, as authorized by 5
U.S.C. 4101-4118 for civilian employees; purchase of uniforms, or
allowances therefor, as authorized by 5 U.S.C. 5901-5902; hire of
passenger motor vehicles; services as authorized by 5 U.S.C. 3109; and
not to exceed $750 for official reception and representation expenses;
$23,984,000: Provided, That during the current fiscal year, the
President may exempt this appropriation from the provisions of 31
U.S.C. 1341, whenever the President deems such action to be necessary
in the interest of national defense: Provided further, That none of
the funds appropriated by this Act may be expended for or in connection
with the induction of any person into the Armed Forces of the United
States.
Small Business Administration
salaries and expenses
For necessary expenses, not otherwise provided for, of the Small
Business Administration as authorized by Public Law 108-447, including
hire of passenger motor vehicles as authorized by 31 U.S.C. 1343 and
1344, and not to exceed $3,500 for official reception and
representation expenses, $417,348,000: Provided, That the
Administrator is authorized to charge fees to cover the cost of
publications developed by the Small Business Administration, and
certain loan program activities, including fees authorized by section
5(b) of the Small Business Act: Provided further, That,
notwithstanding 31 U.S.C. 3302, revenues received from all such
activities shall be credited to this account, to remain available until
expended, for carrying out these purposes without further
appropriations: Provided further, That the Small Business
Administration may accept gifts in an amount not to exceed $4,000,000
and may co-sponsor activities, each in accordance with section 132(a)
of division K of Public Law 108-447, during fiscal year 2012: Provided
further, That $112,500,000 shall be available to fund grants for
performance in fiscal year 2012 or fiscal year 2013 as authorized by
section 21 of the Small Business Act, to remain available until
September 30, 2013: Provided further, That $20,000,000 shall remain
available until September 30, 2013 for marketing, management, and
technical assistance under section 7(m) of the Small Business Act (15
U.S.C. 636(m)(4)) by intermediaries that make microloans under the
microloan program: Provided further, That $7,100,000 shall be
available for the Loan Modernization and Accounting System, to be
available until September 30, 2013: Provided further, That $2,000,000
shall be for the Federal and State Technology Partnership Program under
section 34 of the Small Business Act (15 U.S.C. 657d).
office of inspector general
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978,
$16,267,000.
office of advocacy
For necessary expenses of the Office of Advocacy in carrying out
the provisions of title II of Public Law 94-305 (15 U.S.C. 634a et
seq.) and the Regulatory Flexibility Act of 1980 (5 U.S.C. 601 et
seq.), $9,120,000, to remain available until expended.
business loans program account
(including transfer of funds)
For the cost of direct loans, $3,678,000, to remain available until
expended, and for the cost of guaranteed loans as authorized by section
7(a) of the Small Business Act (Public Law 85-536) and section 503 of
the Small Business Investment Act of 1958 (Public Law 85-699),
$207,100,000, to remain available until expended: Provided, That such
costs, including the cost of modifying such loans, shall be as defined
in section 502 of the Congressional Budget Act of 1974: Provided
further, That subject to section 502 of the Congressional Budget Act of
1974, during fiscal year 2012 commitments to guarantee loans under
section 503 of the Small Business Investment Act of 1958 shall not
exceed $7,500,000,000: Provided further, That during fiscal year 2012
commitments for general business loans authorized under section 7(a) of
the Small Business Act shall not exceed $17,500,000,000 for a
combination of amortizing term loans and the aggregated maximum line of
credit provided by revolving loans: Provided further, That during
fiscal year 2012 commitments to guarantee loans for debentures under
section 303(b) of the Small Business Investment Act of 1958 shall not
exceed $3,000,000,000: Provided further, That during fiscal year 2012,
guarantees of trust certificates authorized by section 5(g) of the
Small Business Act shall not exceed a principal amount of
$12,000,000,000. In addition, for administrative expenses to carry out
the direct and guaranteed loan programs, $147,958,000, which may be
transferred to and merged with the appropriations for Salaries and
Expenses.
disaster loans program account
(including transfers of funds)
For administrative expenses to carry out the direct loan program
authorized by section 7(b) of the Small Business Act, $117,300,000, to
be available until expended, of which $1,000,000 is for the Office of
Inspector General of the Small Business Administration for audits and
reviews of disaster loans and the disaster loan programs and shall be
transferred to and merged with the appropriations for the Office of
Inspector General; of which $110,300,000 is for direct administrative
expenses of loan making and servicing to carry out the direct loan
program, which may be transferred to and merged with the appropriations
for Salaries and Expenses; and of which $6,000,000 is for indirect
administrative expenses for the direct loan program, which may be
transferred to and merged with the appropriations for Salaries and
Expenses.
administrative provisions--small business administration
(including transfer of funds)
Sec. 530. Not to exceed 5 percent of any appropriation made
available for the current fiscal year for the Small Business
Administration in this Act may be transferred between such
appropriations, but no such appropriation shall be increased by more
than 10 percent by any such transfers: Provided, That any transfer
pursuant to this paragraph shall be treated as a reprogramming of funds
under section 608 of this Act and shall not be available for obligation
or expenditure except in compliance with the procedures set forth in
that section.
Sec. 531. Section 7(d)(5)(D) of the Small Business Act (15 U.S.C.
636(d)(5)(D)) is amended by striking ``three years'' and inserting ``7
years''.
Sec. 532. Beginning in fiscal year 2013 and each fiscal year
thereafter, the budget request for the Small Business Administration
shall provide a detailed justification of any proposed changes from the
enacted level by individual appropriation. The detailed justification
shall include at a minimum a description of each credit and non-credit
program including amount of funding and costs by appropriation account
and fiscal year. For activities funded in multiple appropriations, the
budget justification shall specify the amount included in each enacted
appropriation, the amount proposed in the budget year and a
justification for any proposed changes.
United States Postal Service
payment to the postal service fund
For payment to the Postal Service Fund for revenue forgone on free
and reduced rate mail, pursuant to subsections (c) and (d) of section
2401 of title 39, United States Code, $78,153,000, which shall not be
available for obligation until October 1, 2012: Provided, That mail
for overseas voting and mail for the blind shall continue to be free:
Provided further, That 6-day delivery and rural delivery of mail shall
continue at not less than the 1983 level: Provided further, That none
of the funds made available to the Postal Service by this Act shall be
used to implement any rule, regulation, or policy of charging any
officer or employee of any State or local child support enforcement
agency, or any individual participating in a State or local program of
child support enforcement, a fee for information requested or provided
concerning an address of a postal customer: Provided further, That
none of the funds provided in this Act shall be used to consolidate or
close small rural and other small post offices in fiscal year 2012.
office of inspector general
salaries and expenses
(including transfer of funds)
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978,
$241,468,000, to be derived by transfer from the Postal Service Fund
and expended as authorized by section 603(b)(3) of the Postal
Accountability and Enhancement Act (Public Law 109-435).
United States Tax Court
salaries and expenses
For necessary expenses, including contract reporting and other
services as authorized by 5 U.S.C. 3109, $51,079,000: Provided, That
travel expenses of the judges shall be paid upon the written
certificate of the judge.
TITLE VI
GENERAL PROVISIONS--THIS ACT
(including rescissions)
Sec. 601. None of the funds in this Act shall be used for the
planning or execution of any program to pay the expenses of, or
otherwise compensate, non-Federal parties intervening in regulatory or
adjudicatory proceedings funded in this Act.
Sec. 602. None of the funds appropriated in this Act shall remain
available for obligation beyond the current fiscal year, nor may any be
transferred to other appropriations, unless expressly so provided
herein.
Sec. 603. The expenditure of any appropriation under this Act for
any consulting service through procurement contract pursuant to 5
U.S.C. 3109, shall be limited to those contracts where such
expenditures are a matter of public record and available for public
inspection, except where otherwise provided under existing law, or
under existing Executive order issued pursuant to existing law.
Sec. 604. None of the funds made available in this Act may be
transferred to any department, agency, or instrumentality of the United
States Government, except pursuant to a transfer made by, or transfer
authority provided in, this Act or any other appropriations Act.
Sec. 605. None of the funds made available by this Act shall be
available for any activity or for paying the salary of any Government
employee where funding an activity or paying a salary to a Government
employee would result in a decision, determination, rule, regulation,
or policy that would prohibit the enforcement of section 307 of the
Tariff Act of 1930 (19 U.S.C. 1307).
Sec. 606. No funds appropriated pursuant to this Act may be
expended by an entity unless the entity agrees that in expending the
assistance the entity will comply with the Buy American Act (41 U.S.C.
10a-10c).
Sec. 607. No funds appropriated or otherwise made available under
this Act shall be made available to any person or entity that has been
convicted of violating the Buy American Act (41 U.S.C. 10a-10c).
Sec. 608. Except as otherwise provided in this Act, none of the
funds provided in this Act, provided by previous appropriations Acts to
the agencies or entities funded in this Act that remain available for
obligation or expenditure in fiscal year 2012, or provided from any
accounts in the Treasury derived by the collection of fees and
available to the agencies funded by this Act, shall be available for
obligation or expenditure through a reprogramming of funds that: (1)
creates a new program; (2) eliminates a program, project, or activity;
(3) increases funds or personnel for any program, project, or activity
for which funds have been denied or restricted by the Congress; (4)
proposes to use funds directed for a specific activity by the Committee
on Appropriations of either the House of Representatives or the Senate
for a different purpose; (5) augments existing programs, projects, or
activities in excess of $5,000,000 or 10 percent, whichever is less;
(6) reduces existing programs, projects, or activities by $5,000,000 or
10 percent, whichever is less; or (7) creates or reorganizes offices,
programs, or activities unless prior approval is received from the
Committees on Appropriations of the House of Representatives and the
Senate: Provided, That prior to any significant reorganization or
restructuring of offices, programs, or activities, each agency or
entity funded in this Act shall consult with the Committees on
Appropriations of the House of Representatives and the Senate:
Provided further, That not later than 60 days after the date of
enactment of this Act, each agency funded by this Act shall submit a
report to the Committees on Appropriations of the House of
Representatives and the Senate to establish the baseline for
application of reprogramming and transfer authorities for the current
fiscal year: Provided further, That at a minimum the report shall
include: (1) a table for each appropriation with a separate column to
display the President's budget request, adjustments made by Congress,
adjustments due to enacted rescissions, if appropriate, and the fiscal
year enacted level; (2) a delineation in the table for each
appropriation both by object class and program, project, and activity
as detailed in the budget appendix for the respective appropriation;
and (3) an identification of items of special congressional interest:
Provided further, That the amount appropriated or limited for salaries
and expenses for an agency shall be reduced by $100,000 per day for
each day after the required date that the report has not been submitted
to the Congress.
Sec. 609. Except as otherwise specifically provided by law, not to
exceed 50 percent of unobligated balances remaining available at the
end of fiscal year 2012 from appropriations made available for salaries
and expenses for fiscal year 2012 in this Act, shall remain available
through September 30, 2013, for each such account for the purposes
authorized: Provided, That a request shall be submitted to the
Committees on Appropriations of the House of Representatives and the
Senate for approval prior to the expenditure of such funds: Provided
further, That these requests shall be made in compliance with
reprogramming guidelines.
Sec. 610. None of the funds made available in this Act may be used
by the Executive Office of the President to request from the Federal
Bureau of Investigation any official background investigation report on
any individual, except when--
(1) such individual has given his or her express written
consent for such request not more than 6 months prior to the date
of such request and during the same presidential administration; or
(2) such request is required due to extraordinary circumstances
involving national security.
Sec. 611. The cost accounting standards promulgated under chapter
15 of title 41, United States Code shall not apply with respect to a
contract under the Federal Employees Health Benefits Program
established under chapter 89 of title 5, United States Code.
Sec. 612. For the purpose of resolving litigation and implementing
any settlement agreements regarding the nonforeign area cost-of-living
allowance program, the Office of Personnel Management may accept and
utilize (without regard to any restriction on unanticipated travel
expenses imposed in an Appropriations Act) funds made available to the
Office of Personnel Management pursuant to court approval.
Sec. 613. No funds appropriated by this Act shall be available to
pay for an abortion, or the administrative expenses in connection with
any health plan under the Federal employees health benefits program
which provides any benefits or coverage for abortions.
Sec. 614. The provision of section 613 shall not apply where the
life of the mother would be endangered if the fetus were carried to
term, or the pregnancy is the result of an act of rape or incest.
Sec. 615. In order to promote Government access to commercial
information technology, the restriction on purchasing nondomestic
articles, materials, and supplies set forth in chapter 83 of title 41,
United States Code (popularly known as the Buy American Act), shall not
apply to the acquisition by the Federal Government of information
technology (as defined in section 11101 of title 40, United States
Code), that is a commercial item (as defined in section 103 of title
41, United States Code).
Sec. 616. Notwithstanding section 1353 of title 31, United States
Code, no officer or employee of any regulatory agency or commission
funded by this Act may accept on behalf of that agency, nor may such
agency or commission accept, payment or reimbursement from a non-
Federal entity for travel, subsistence, or related expenses for the
purpose of enabling an officer or employee to attend and participate in
any meeting or similar function relating to the official duties of the
officer or employee when the entity offering payment or reimbursement
is a person or entity subject to regulation by such agency or
commission, or represents a person or entity subject to regulation by
such agency or commission, unless the person or entity is an
organization described in section 501(c)(3) of the Internal Revenue
Code of 1986 and exempt from tax under section 501(a) of such Code.
Sec. 617. The Public Company Accounting Oversight Board shall have
authority to obligate funds for the scholarship program established by
section 109(c)(2) of the Sarbanes-Oxley Act of 2002 (Public Law 107-
204) in an aggregate amount not exceeding the amount of funds collected
by the Board as of December 31, 2011, including accrued interest, as a
result of the assessment of monetary penalties. Funds available for
obligation in fiscal year 2012 shall remain available until expended.
Sec. 618. From the unobligated balances of prior year
appropriations made available for the Privacy and Civil Liberties
Oversight Board, $998,000 are rescinded.
Sec. 619. Section 1107 of title 31, United States Code, is amended
by adding to the end thereof the following: ``The President shall
transmit promptly to Congress without change, proposed deficiency and
supplemental appropriations submitted to the President by the
legislative branch and the judicial branch.''.
Sec. 620. Notwithstanding section 708 of this Act, funds made
available to the Commodity Futures Trading Commission and the
Securities and Exchange Commission by this or any other Act may be used
for the interagency funding and sponsorship of a joint advisory
committee to advise on emerging regulatory issues.
Sec. 621. For purposes of Public Law 109-285, the period described
in section 5134(f)(1)(B) of title 31, United States Code, shall be
treated as a 2-year, 9-month period.
Sec. 622. The Help America Vote Act of 2002 (Public Law 107-252)
is amended by--
(1) inserting in section 255(b) (42 U.S.C. 15405) ``posted on
the Commission's website with a notice'' after ``cause to have the
plan'';
(2) inserting in section 253(d) (42 U.S.C. 15403) ``notice of''
prior to ``the State plan'';
(3) inserting in section 254(a)(11) (42 U.S.C. 15404) ``notice
of'' prior to ``the change''; and
(4) inserting in section 254(a)(11)(C) (42 U.S.C. 15404)
``notice of'' prior to ``the change''.
Sec. 623. From the unobligated balances available in the
Securities and Exchange Commission Reserve Fund established by section
991 of the Dodd-Frank Wall Street Reform and Consumer Protection Act
(Public Law 111-203), $25,000,000 are rescinded.
Sec. 624. The Department of the Treasury, the Executive Office of
the President, the Judiciary, the Federal Communications Commission,
the Federal Trade Commission, the General Services Administration, the
National Archives and Records Administration, the Securities and
Exchange Commission, and the Small Business Administration shall
provide the Committees on Appropriations of the House and the Senate a
quarterly accounting of the cumulative balances of any unobligated
funds that were received by such agency during any previous fiscal
year.
Sec. 625. (a)(1) Notwithstanding any other provision of law, an
Executive agency covered by this Act otherwise authorized to enter into
contracts for either leases or the construction or alteration of real
property for office, meeting, storage, or other space must consult with
the General Services Administration before issuing a solicitation for
offers of new leases or construction contracts, and in the case of
succeeding leases, before entering into negotiations with the current
lessor.
(2) Any such agency with authority to enter into an emergency lease
may do so during any period declared by the President to require
emergency leasing authority with respect to such agency.
(b) For purposes of this section, the term ``Executive agency
covered by this Act'' means any Executive agency provided funds by this
Act, but does not include the General Services Administration or the
United States Postal Service.
Sec. 626. None of the funds made available in this Act may be used
by the Federal Trade Commission to complete the draft report entitled
``Interagency Working Group on Food Marketed to Children: Preliminary
Proposed Nutrition Principles to Guide Industry Self-Regulatory
Efforts'' unless the Interagency Working Group on Food Marketed to
Children complies with Executive Order 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. None of the funds made available in this Act may be used
by the Federal Communications Commission to remove the conditions
imposed on commercial terrestrial operations in the Order and
Authorization adopted by the Commission on January 26, 2011 (DA 11-
133), or otherwise permit such operations, until the Commission has
resolved concerns of potential widespread harmful interference by such
commercial terrestrial operations to commercially available Global
Positioning System devices.
Sec. 629. None of the funds made available by this Act may be
expended for any new hire by any Federal agency funded in this Act that
is not verified through the E-Verify Program established under section
403(a) of the Illegal Immigration Reform and Immigrant Responsibility
Act of 1996 (8 U.S.C. 1324a note).
Sec. 630. None of the funds made available by this Act may be used
to enter into a contract, memorandum of understanding, or cooperative
agreement with, make a grant to, or provide a loan or loan guarantee
to, any corporation with respect to which any unpaid Federal tax
liability has been assessed, for which all judicial and administrative
remedies have been exhausted or have lapsed, and that is not being paid
in a timely manner pursuant to an agreement with the authority
responsible for collecting the tax liability, where the awarding agency
is aware of the unpaid tax liability, unless the agency has considered
suspension or debarment of the corporation and made a determination
that this further action is not necessary to protect the interests of
the Government.
Sec. 631. None of the funds made available by this Act may be used
to enter into a contract, memorandum of understanding, or cooperative
agreement with, make a grant to, or provide a loan or loan guarantee
to, any corporation that was convicted or had an officer or agent of
such corporation acting on behalf of the corporation convicted of a
felony criminal violation under any Federal law within the preceding 24
months, where the awarding agency is aware of the conviction, unless
the agency has considered suspension or debarment of the corporation,
or such officer or agent and made a determination that this further
action is not necessary to protect the interests of the Government.
Sec. 632. Section 8909a(d)(3)(A)(v) of title 5, United States
Code, is amended by striking the date specified in such section and
inserting ``August 1, 2012''.
TITLE VII
GENERAL PROVISIONS--GOVERNMENT-WIDE
Departments, Agencies, and Corporations
Sec. 701. No department, agency, or instrumentality of the United
States receiving appropriated funds under this or any other Act for
fiscal year 2012 shall obligate or expend any such funds, unless such
department, agency, or instrumentality has in place, and will continue
to administer in good faith, a written policy designed to ensure that
all of its workplaces are free from the illegal use, possession, or
distribution of controlled substances (as defined in the Controlled
Substances Act (21 U.S.C. 802)) by the officers and employees of such
department, agency, or instrumentality.
Sec. 702. Unless otherwise specifically provided, the maximum
amount allowable during the current fiscal year in accordance with
subsection 1343(c) of title 31, United States Code, for the purchase of
any passenger motor vehicle (exclusive of buses, ambulances, law
enforcement, and undercover surveillance vehicles), is hereby fixed at
$13,197 except station wagons for which the maximum shall be $13,631:
Provided, That these limits may be exceeded by not to exceed $3,700 for
police-type vehicles, and by not to exceed $4,000 for special heavy-
duty vehicles: Provided further, That the limits set forth in this
section may not be exceeded by more than 5 percent for electric or
hybrid vehicles purchased for demonstration under the provisions of the
Electric and Hybrid Vehicle Research, Development, and Demonstration
Act of 1976: Provided further, That the limits set forth in this
section may be exceeded by the incremental cost of clean alternative
fuels vehicles acquired pursuant to Public Law 101-549 over the cost of
comparable conventionally fueled vehicles: Provided further, That the
limits set forth in this section shall not apply to any vehicle that is
a commercial item and which operates on emerging motor vehicle
technology, including but not limited to electric, plug-in hybrid
electric, and hydrogen fuel cell vehicles.
Sec. 703. Appropriations of the executive departments and
independent establishments for the current fiscal year available for
expenses of travel, or for the expenses of the activity concerned, are
hereby made available for quarters allowances and cost-of-living
allowances, in accordance with 5 U.S.C. 5922-5924.
Sec. 704. Unless otherwise specified during the current fiscal
year, no part of any appropriation contained in this or any other Act
shall be used to pay the compensation of any officer or employee of the
Government of the United States (including any agency the majority of
the stock of which is owned by the Government of the United States)
whose post of duty is in the continental United States unless such
person: (1) is a citizen of the United States; (2) is a person who is
lawfully admitted for permanent residence and is seeking citizenship as
outlined in 8 U.S.C. 1324b(a)(3)(B); (3) is a person who is admitted as
a refugee under 8 U.S.C. 1157 or is granted asylum under 8 U.S.C. 1158
and has filed a declaration of intention to become a lawful permanent
resident and then a citizen when eligible; or (4) is a person who owes
allegiance to the United States: Provided, That for purposes of this
section, affidavits signed by any such person shall be considered prima
facie evidence that the requirements of this section with respect to
his or her status are being complied with: Provided further, That for
purposes of subsections (2) and (3) such affidavits shall be submitted
prior to employment and updated thereafter as necessary: Provided
further, That any person making a false affidavit shall be guilty of a
felony, and upon conviction, shall be fined no more than $4,000 or
imprisoned for not more than 1 year, or both: Provided further, That
the above penal clause shall be in addition to, and not in substitution
for, any other provisions of existing law: Provided further, That any
payment made to any officer or employee contrary to the provisions of
this section shall be recoverable in action by the Federal Government:
Provided further, That this section shall not apply to any person who
is an officer or employee of the Government of the United States on the
date of enactment of this Act, or to international broadcasters
employed by the Broadcasting Board of Governors, or to temporary
employment of translators, or to temporary employment in the field
service (not to exceed 60 days) as a result of emergencies: Provided
further, That this section does not apply to the employment as Wildland
firefighters for not more than 120 days of nonresident aliens employed
by the Department of the Interior or the USDA Forest Service pursuant
to an agreement with another country.
Sec. 705. Appropriations available to any department or agency
during the current fiscal year for necessary expenses, including
maintenance or operating expenses, shall also be available for payment
to the General Services Administration for charges for space and
services and those expenses of renovation and alteration of buildings
and facilities which constitute public improvements performed in
accordance with the Public Buildings Act of 1959 (73 Stat. 479), the
Public Buildings Amendments of 1972 (86 Stat. 216), or other applicable
law.
Sec. 706. In addition to funds provided in this or any other Act,
all Federal agencies are authorized to receive and use funds resulting
from the sale of materials, including Federal records disposed of
pursuant to a records schedule recovered through recycling or waste
prevention programs. Such funds shall be available until expended for
the following purposes:
(1) Acquisition, waste reduction and prevention, and recycling
programs as described in Executive Order No. 13423 (January 24,
2007), including any such programs adopted prior to the effective
date of the Executive order.
(2) Other Federal agency environmental management programs,
including, but not limited to, the development and implementation
of hazardous waste management and pollution prevention programs.
(3) Other employee programs as authorized by law or as deemed
appropriate by the head of the Federal agency.
Sec. 707. Funds made available by this or any other Act for
administrative expenses in the current fiscal year of the corporations
and agencies subject to chapter 91 of title 31, United States Code,
shall be available, in addition to objects for which such funds are
otherwise available, for rent in the District of Columbia; services in
accordance with 5 U.S.C. 3109; and the objects specified under this
head, all the provisions of which shall be applicable to the
expenditure of such funds unless otherwise specified in the Act by
which they are made available: Provided, That in the event any
functions budgeted as administrative expenses are subsequently
transferred to or paid from other funds, the limitations on
administrative expenses shall be correspondingly reduced.
Sec. 708. No part of any appropriation contained in this or any
other Act shall be available for interagency financing of boards
(except Federal Executive Boards), commissions, councils, committees,
or similar groups (whether or not they are interagency entities) which
do not have a prior and specific statutory approval to receive
financial support from more than one agency or instrumentality.
Sec. 709. None of the funds made available pursuant to the
provisions of this Act shall be used to implement, administer, or
enforce any regulation which has been disapproved pursuant to a joint
resolution duly adopted in accordance with the applicable law of the
United States.
Sec. 710. During the period in which the head of any department or
agency, or any other officer or civilian employee of the Federal
Government appointed by the President of the United States, holds
office, no funds may be obligated or expended in excess of $5,000 to
furnish or redecorate the office of such department head, agency head,
officer, or employee, or to purchase furniture or make improvements for
any such office, unless advance notice of such furnishing or
redecoration is transmitted to the Committees on Appropriations of the
House of Representatives and the Senate. For the purposes of this
section, the term ``office'' shall include the entire suite of offices
assigned to the individual, as well as any other space used primarily
by the individual or the use of which is directly controlled by the
individual.
Sec. 711. Notwithstanding section 31 U.S.C. 1346, or section 708
of this Act, funds made available for the current fiscal year by this
or any other Act shall be available for the interagency funding of
national security and emergency preparedness telecommunications
initiatives which benefit multiple Federal departments, agencies, or
entities, as provided by Executive Order No. 12472 (April 3, 1984).
Sec. 712. (a) None of the funds appropriated by this or any other
Act may be obligated or expended by any Federal department, agency, or
other instrumentality for the salaries or expenses of any employee
appointed to a position of a confidential or policy-determining
character excepted from the competitive service pursuant to 5 U.S.C.
3302, without a certification to the Office of Personnel Management
from the head of the Federal department, agency, or other
instrumentality employing the Schedule C appointee that the Schedule C
position was not created solely or primarily in order to detail the
employee to the White House.
(b) The provisions of this section shall not apply to Federal
employees or members of the armed forces detailed to or from--
(1) the Central Intelligence Agency;
(2) the National Security Agency;
(3) the Defense Intelligence Agency;
(4) the National Geospatial-Intelligence Agency;
(5) the offices within the Department of Defense for the
collection of specialized national foreign intelligence through
reconnaissance programs;
(6) the Bureau of Intelligence and Research of the Department
of State;
(7) any agency, office, or unit of the Army, Navy, Air Force,
or Marine Corps, the Department of Homeland Security, the Federal
Bureau of Investigation or the Drug Enforcement Administration of
the Department of Justice, the Department of Transportation, the
Department of the Treasury, or the Department of Energy performing
intelligence functions; or
(8) the Director of National Intelligence or the Office of the
Director of National Intelligence.
Sec. 713. No part of any appropriation contained in this or any
other Act shall be available for the payment of the salary of any
officer or employee of the Federal Government, who--
(1) prohibits or prevents, or attempts or threatens to prohibit
or prevent, any other officer or employee of the Federal Government
from having any direct oral or written communication or contact
with any Member, committee, or subcommittee of the Congress in
connection with any matter pertaining to the employment of such
other officer or employee or pertaining to the department or agency
of such other officer or employee in any way, irrespective of
whether such communication or contact is at the initiative of such
other officer or employee or in response to the request or inquiry
of such Member, committee, or subcommittee; or
(2) removes, suspends from duty without pay, demotes, reduces
in rank, seniority, status, pay, or performance or efficiency
rating, denies promotion to, relocates, reassigns, transfers,
disciplines, or discriminates in regard to any employment right,
entitlement, or benefit, or any term or condition of employment of,
any other officer or employee of the Federal Government, or
attempts or threatens to commit any of the foregoing actions with
respect to such other officer or employee, by reason of any
communication or contact of such other officer or employee with any
Member, committee, or subcommittee of the Congress as described in
paragraph (1).
Sec. 714. (a) None of the funds made available in this or any other
Act may be obligated or expended for any employee training that--
(1) does not meet identified needs for knowledge, skills, and
abilities bearing directly upon the performance of official duties;
(2) contains elements likely to induce high levels of emotional
response or psychological stress in some participants;
(3) does not require prior employee notification of the content
and methods to be used in the training and written end of course
evaluation;
(4) contains any methods or content associated with religious
or quasi-religious belief systems or ``new age'' belief systems as
defined in Equal Employment Opportunity Commission Notice N-
915.022, dated September 2, 1988; or
(5) is offensive to, or designed to change, participants'
personal values or lifestyle outside the workplace.
(b) Nothing in this section shall prohibit, restrict, or otherwise
preclude an agency from conducting training bearing directly upon the
performance of official duties.
Sec. 715. (a) No funds appropriated in this or any other Act may be
used to implement or enforce the agreements in Standard Forms 312 and
4414 of the Government or any other nondisclosure policy, form, or
agreement if such policy, form, or agreement does not contain the
following provisions: ``These restrictions are consistent with and do
not supersede, conflict with, or otherwise alter the employee
obligations, rights, or liabilities created by Executive Order No.
12958; section 7211 of title 5, United States Code (governing
disclosures to Congress); section 1034 of title 10, United States Code,
as amended by the Military Whistleblower Protection Act (governing
disclosure to Congress by members of the military); section 2302(b)(8)
of title 5, United States Code, as amended by the Whistleblower
Protection Act of 1989 (governing disclosures of illegality, waste,
fraud, abuse or public health or safety threats); the Intelligence
Identities Protection Act of 1982 (50 U.S.C. 421 et seq.) (governing
disclosures that could expose confidential Government agents); and the
statutes which protect against disclosure that may compromise the
national security, including sections 641, 793, 794, 798, and 952 of
title 18, United States Code, and section 4(b) of the Subversive
Activities Act of 1950 (50 U.S.C. 783(b)). The definitions,
requirements, obligations, rights, sanctions, and liabilities created
by said Executive order and listed statutes are incorporated into this
agreement and are controlling.'': Provided, That notwithstanding the
preceding provision of this section, a nondisclosure policy form or
agreement that is to be executed by a person connected with the conduct
of an intelligence or intelligence-related activity, other than an
employee or officer of the United States Government, may contain
provisions appropriate to the particular activity for which such
document is to be used. Such form or agreement shall, at a minimum,
require that the person will not disclose any classified information
received in the course of such activity unless specifically authorized
to do so by the United States Government. Such nondisclosure forms
shall also make it clear that they do not bar disclosures to Congress,
or to an authorized official of an executive agency or the Department
of Justice, that are essential to reporting a substantial violation of
law.
(b) Effective 180 days after enactment of this Act, subsection (a)
is amended by--
(1) striking ``Executive Order No. 12958'' and inserting
``Executive Order No. 13526 (75 Fed. Reg. 707), or any successor
thereto'';
(2) after ``the Intelligence Identities Protection Act of 1982
(50 U.S.C. 421 et seq.) (governing disclosures that could expose
confidential Government agents);'' inserting ``sections 7(c) and 8H
of the Inspector General Act of 1978 (5 U.S.C. App.) (relating to
disclosures to an inspector general, the inspectors general of the
Intelligence Community, and Congress); section 103H(g)(3) of the
National Security Act of 1947 (50 U.S.C. 403-3h(g)(3) (relating to
disclosures to the inspector general of the Intelligence
Community); sections 17(d)(5) and 17(e)(3) of the Central
Intelligence Agency Act of 1949 (50 U.S.C. 403q(d)(5) and
403q(e)(3)) (relating to disclosures to the Inspector General of
the Central Intelligence Agency and Congress);''; and
(3) after ``Subversive Activities'' inserting ``Control''.
(c) A nondisclosure agreement entered into before the effective
date of the amendment in subsection (b) may continue to be implemented
and enforced after that effective date if it complies with the
requirements of subsection (a) that were in effect prior to the
effective date of the amendment in subsection (b).
Sec. 716. No part of any funds appropriated in this or any other
Act shall be used by an agency of the executive branch, other than for
normal and recognized executive-legislative relationships, for
publicity or propaganda purposes, and for the preparation, distribution
or use of any kit, pamphlet, booklet, publication, radio, television,
or film presentation designed to support or defeat legislation pending
before the Congress, except in presentation to the Congress itself.
Sec. 717. None of the funds appropriated by this or any other Act
may be used by an agency to provide a Federal employee's home address
to any labor organization except when the employee has authorized such
disclosure or when such disclosure has been ordered by a court of
competent jurisdiction.
Sec. 718. None of the funds made available in this Act or any
other Act may be used to provide any non-public information such as
mailing or telephone lists to any person or any organization outside of
the Federal Government without the approval of the Committees on
Appropriations of the House of Representatives and the Senate.
Sec. 719. No part of any appropriation contained in this or any
other Act shall be used directly or indirectly, including by private
contractor, for publicity or propaganda purposes within the United
States not heretofore authorized by the Congress.
Sec. 720. (a) In this section, the term ``agency''--
(1) means an Executive agency, as defined under 5 U.S.C. 105;
and
(2) includes a military department, as defined under section
102 of such title, the Postal Service, and the Postal Regulatory
Commission.
(b) Unless authorized in accordance with law or regulations to use
such time for other purposes, an employee of an agency shall use
official time in an honest effort to perform official duties. An
employee not under a leave system, including a Presidential appointee
exempted under 5 U.S.C. 6301(2), has an obligation to expend an honest
effort and a reasonable proportion of such employee's time in the
performance of official duties.
Sec. 721. Notwithstanding 31 U.S.C. 1346 and section 708 of this
Act, funds made available for the current fiscal year by this or any
other Act to any department or agency, which is a member of the Federal
Accounting Standards Advisory Board (FASAB), shall be available to
finance an appropriate share of FASAB administrative costs.
(transfer of funds)
Sec. 722. Notwithstanding 31 U.S.C. 1346 and section 708 of this
Act, the head of each Executive department and agency is hereby
authorized to transfer to or reimburse ``General Services
Administration, Government-wide Policy'' with the approval of the
Director of the Office of Management and Budget, funds made available
for the current fiscal year by this or any other Act, including rebates
from charge card and other contracts: Provided, That these funds shall
be administered by the Administrator of General Services to support
Government-wide and other multi-agency financial, information
technology, procurement, and other management innovations, initiatives,
and activities, as approved by the Director of the Office of Management
and Budget, in consultation with the appropriate interagency and multi-
agency groups designated by the Director (including the President's
Management Council for overall management improvement initiatives, the
Chief Financial Officers Council for financial management initiatives,
the Chief Information Officers Council for information technology
initiatives, the Chief Human Capital Officers Council for human capital
initiatives, the Chief Acquisition Officers Council for procurement
initiatives, and the Performance Improvement Council for performance
improvement initiatives): Provided further, That the total funds
transferred or reimbursed shall not exceed $17,000,000 for Government-
Wide innovations, initiatives, and activities: Provided further, That
the funds transferred to or for reimbursement of ``General Services
Administration, Government-wide Policy'' during fiscal year 2012 shall
remain available for obligation through September 30, 2013: Provided
further, That such transfers or reimbursements may only be made after
15 days following notification of the Committees on Appropriations by
the Director of the Office of Management and Budget.
Sec. 723. Notwithstanding any other provision of law, a woman may
breastfeed her child at any location in a Federal building or on
Federal property, if the woman and her child are otherwise authorized
to be present at the location.
Sec. 724. Notwithstanding 31 U.S.C. 1346, or section 708 of this
Act, funds made available for the current fiscal year by this or any
other Act shall be available for the interagency funding of specific
projects, workshops, studies, and similar efforts to carry out the
purposes of the National Science and Technology Council (authorized by
Executive Order No. 12881), which benefit multiple Federal departments,
agencies, or entities: Provided, That the Office of Management and
Budget shall provide a report describing the budget of and resources
connected with the National Science and Technology Council to the
Committees on Appropriations, the House Committee on Science and
Technology, and the Senate Committee on Commerce, Science, and
Transportation 90 days after enactment of this Act.
Sec. 725. Any request for proposals, solicitation, grant
application, form, notification, press release, or other publications
involving the distribution of Federal funds shall indicate the agency
providing the funds, the Catalog of Federal Domestic Assistance Number,
as applicable, and the amount provided: Provided, That this provision
shall apply to direct payments, formula funds, and grants received by a
State receiving Federal funds.
Sec. 726. (a) Prohibition of Federal Agency Monitoring of
Individuals' Internet Use.--None of the funds made available in this or
any other Act may be used by any Federal agency--
(1) to collect, review, or create any aggregation of data,
derived from any means, that includes any personally identifiable
information relating to an individual's access to or use of any
Federal Government Internet site of the agency; or
(2) to enter into any agreement with a third party (including
another government agency) to collect, review, or obtain any
aggregation of data, derived from any means, that includes any
personally identifiable information relating to an individual's
access to or use of any nongovernmental Internet site.
(b) Exceptions.--The limitations established in subsection (a)
shall not apply to--
(1) any record of aggregate data that does not identify
particular persons;
(2) any voluntary submission of personally identifiable
information;
(3) any action taken for law enforcement, regulatory, or
supervisory purposes, in accordance with applicable law; or
(4) any action described in subsection (a)(1) that is a system
security action taken by the operator of an Internet site and is
necessarily incident to providing the Internet site services or to
protecting the rights or property of the provider of the Internet
site.
(c) Definitions.--For the purposes of this section:
(1) The term ``regulatory'' means agency actions to implement,
interpret or enforce authorities provided in law.
(2) The term ``supervisory'' means examinations of the agency's
supervised institutions, including assessing safety and soundness,
overall financial condition, management practices and policies and
compliance with applicable standards as provided in law.
Sec. 727. (a) None of the funds appropriated by this Act may be
used to enter into or renew a contract which includes a provision
providing prescription drug coverage, except where the contract also
includes a provision for contraceptive coverage.
(b) Nothing in this section shall apply to a contract with--
(1) any of the following religious plans:
(A) Personal Care's HMO; and
(B) OSF HealthPlans, Inc.; and
(2) any existing or future plan, if the carrier for the plan
objects to such coverage on the basis of religious beliefs.
(c) In implementing this section, any plan that enters into or
renews a contract under this section may not subject any individual to
discrimination on the basis that the individual refuses to prescribe or
otherwise provide for contraceptives because such activities would be
contrary to the individual's religious beliefs or moral convictions.
(d) Nothing in this section shall be construed to require coverage
of abortion or abortion-related services.
Sec. 728. The United States is committed to ensuring the health of
its Olympic, Pan American, and Paralympic athletes, and supports the
strict adherence to anti-doping in sport through testing, adjudication,
education, and research as performed by nationally recognized oversight
authorities.
Sec. 729. Notwithstanding any other provision of law, funds
appropriated for official travel by Federal departments and agencies
may be used by such departments and agencies, if consistent with Office
of Management and Budget Circular A-126 regarding official travel for
Government personnel, to participate in the fractional aircraft
ownership pilot program.
Sec. 730. Notwithstanding any other provision of law, none of the
funds appropriated or made available under this Act or any other
appropriations Act may be used to implement or enforce restrictions or
limitations on the Coast Guard Congressional Fellowship Program, or to
implement the proposed regulations of the Office of Personnel
Management to add sections 300.311 through 300.316 to part 300 of title
5 of the Code of Federal Regulations, published in the Federal
Register, volume 68, number 174, on September 9, 2003 (relating to the
detail of executive branch employees to the legislative branch).
Sec. 731. Notwithstanding any other provision of law, no executive
branch agency shall purchase, construct, and/or lease any additional
facilities, except within or contiguous to existing locations, to be
used for the purpose of conducting Federal law enforcement training
without the advance approval of the Committees on Appropriations of the
House of Representatives and the Senate, except that the Federal Law
Enforcement Training Center is authorized to obtain the temporary use
of additional facilities by lease, contract, or other agreement for
training which cannot be accommodated in existing Center facilities.
Sec. 732. (a) For fiscal year 2012, no funds shall be available for
transfers or reimbursements to the E-Government initiatives sponsored
by the Office of Management and Budget prior to 15 days following
submission of a report to the Committees on Appropriations of the House
of Representatives and the Senate by the Director of the Office of
Management and Budget and receipt of approval to transfer funds by the
Committees on Appropriations of the House of Representatives and the
Senate.
(b) The report in subsection (a) and other required justification
materials shall include at a minimum--
(1) a description of each initiative including but not limited
to its objectives, benefits, development status, risks, cost
effectiveness (including estimated net costs or savings to the
government), and the estimated date of full operational capability;
(2) the total development cost of each initiative by fiscal
year including costs to date, the estimated costs to complete its
development to full operational capability, and estimated annual
operations and maintenance costs; and
(3) the sources and distribution of funding by fiscal year and
by agency and bureau for each initiative including agency
contributions to date and estimated future contributions by agency.
(c) No funds shall be available for obligation or expenditure for
new E-Government initiatives without the explicit approval of the
Committees on Appropriations of the House of Representatives and the
Senate.
Sec. 733. None of the funds appropriated or otherwise made
available by this or any other Act may be used to begin or announce a
study or public-private competition regarding the conversion to
contractor performance of any function performed by Federal employees
pursuant to Office of Management and Budget Circular A-76 or any other
administrative regulation, directive, or policy.
Sec. 734. Unless otherwise authorized by existing law, none of the
funds provided in this Act or any other Act may be used by an executive
branch agency to produce any prepackaged news story intended for
broadcast or distribution in the United States, unless the story
includes a clear notification within the text or audio of the
prepackaged news story that the prepackaged news story was prepared or
funded by that executive branch agency.
Sec. 735. None of the funds made available in this Act may be used
in contravention of section 552a of title 5, United States Code
(popularly known as the Privacy Act) and regulations implementing that
section.
Sec. 736. Each executive department and agency shall evaluate the
creditworthiness of an individual before issuing the individual a
government travel charge card. Such evaluations for individually billed
travel charge cards shall include an assessment of the individual's
consumer report from a consumer reporting agency as those terms are
defined in section 603 of the Fair Credit Reporting Act (Public Law 91-
508): Provided, That the department or agency may not issue a
government travel charge card to an individual that either lacks a
credit history or is found to have an unsatisfactory credit history as
a result of this evaluation: Provided further, That this restriction
shall not preclude issuance of a restricted-use charge, debit, or
stored value card made in accordance with agency procedures to: (1) an
individual with an unsatisfactory credit history where such card is
used to pay travel expenses and the agency determines there is no
suitable alternative payment mechanism available before issuing the
card; or (2) an individual who lacks a credit history. Each executive
department and agency shall establish guidelines and procedures for
disciplinary actions to be taken against agency personnel for improper,
fraudulent, or abusive use of government charge cards, which shall
include appropriate disciplinary actions for use of charge cards for
purposes, and at establishments, that are inconsistent with the
official business of the Department or agency or with applicable
standards of conduct.
Sec. 737. (a) Definitions.--For purposes of this section the
following definitions apply:
(1) Great lakes.--The terms ``Great Lakes'' and ``Great Lakes
State'' have the same meanings as such terms have in section 506 of
the Water Resources Development Act of 2000 (42 U.S.C. 1962d-22).
(2) Great lakes restoration activities.--The term ``Great Lakes
restoration activities'' means any Federal or State activity
primarily or entirely within the Great Lakes watershed that seeks
to improve the overall health of the Great Lakes ecosystem.
(b) Report.--Not later than 45 days after submission of the budget
of the President to Congress, the Director of the Office of Management
and Budget, in coordination with the Governor of each Great Lakes State
and the Great Lakes Interagency Task Force, shall submit to the
appropriate authorizing and appropriating committees of the Senate and
the House of Representatives a financial report, certified by the
Secretary of each agency that has budget authority for Great Lakes
restoration activities, containing--
(1) an interagency budget crosscut report that--
(A) displays the budget proposed, including any planned
interagency or intra-agency transfer, for each of the Federal
agencies that carries out Great Lakes restoration activities in
the upcoming fiscal year, separately reporting the amount of
funding to be provided under existing laws pertaining to the
Great Lakes ecosystem; and
(B) identifies all expenditures since fiscal year 2004 by
the Federal Government and State governments for Great Lakes
restoration activities;
(2) a detailed accounting of all funds received and obligated
by all Federal agencies and, to the extent available, State
agencies using Federal funds, for Great Lakes restoration
activities during the current and previous fiscal years;
(3) a budget for the proposed projects (including a description
of the project, authorization level, and project status) to be
carried out in the upcoming fiscal year with the Federal portion of
funds for activities; and
(4) a listing of all projects to be undertaken in the upcoming
fiscal year with the Federal portion of funds for activities.
Sec. 738. (a) In General.--None of the funds appropriated or
otherwise made available by this or any other Act may be used for any
Federal Government contract with any foreign incorporated entity which
is treated as an inverted domestic corporation under section 835(b) of
the Homeland Security Act of 2002 (6 U.S.C. 395(b)) or any subsidiary
of such an entity.
(b) Waivers.--
(1) In general.--Any Secretary shall waive subsection (a) with
respect to any Federal Government contract under the authority of
such Secretary if the Secretary determines that the waiver is
required in the interest of national security.
(2) Report to congress.--Any Secretary issuing a waiver under
paragraph (1) shall report such issuance to Congress.
(c) Exception.--This section shall not apply to any Federal
Government contract entered into before the date of the enactment of
this Act, or to any task order issued pursuant to such contract.
Sec. 739. None of the funds made available by this or any other
Act may be used to implement, administer, enforce, or apply the rule
entitled ``Competitive Area'' published by the Office of Personnel
Management in the Federal Register on April 15, 2008 (73 Fed. Reg.
20180 et seq.).
Sec. 740. Section 743 of the Consolidated Appropriations Act, 2010
(Public Law 111-117; 31 U.S.C. 501 note) is amended in subsection
(a)(3), by inserting after ``exercise of an option'' the following: ``,
and task orders issued under any such contract,''.
Sec. 741. During fiscal year 2012, for each employee who--
(1) retires under section 8336(d)(2) or 8414(b)(1)(B) of title
5, United States Code, or
(2) retires under any other provision of subchapter III of
chapter 83 or chapter 84 of such title 5 and receives a payment as
an incentive to separate, the separating agency shall remit to the
Civil Service Retirement and Disability Fund an amount equal to the
Office of Personnel Management's average unit cost of processing a
retirement claim for the preceding fiscal year. Such amounts shall
be available until expended to the Office of Personnel Management
and shall be deemed to be an administrative expense under section
8348(a)(1)(B) of title 5, United States Code.
Sec. 742. Except as expressly provided otherwise, any reference to
``this Act'' contained in any title other than title IV or VIII shall
not apply to such title IV or VIII.
Sec. 743. (a) None of the funds made available in this or any other
Act may be used to recommend or require any entity submitting an offer
for a Federal contract to disclose any of the following information as
a condition of submitting the offer:
(1) Any payment consisting of a contribution, expenditure,
independent expenditure, or disbursement for an electioneering
communication that is made by the entity, its officers or
directors, or any of its affiliates or subsidiaries to a candidate
for election for Federal office or to a political committee, or
that is otherwise made with respect to any election for Federal
office.
(2) Any disbursement of funds (other than a payment described
in paragraph (1)) made by the entity, its officers or directors, or
any of its affiliates or subsidiaries to any person with the intent
or the reasonable expectation that the person will use the funds to
make a payment described in paragraph (1).
(b) In this section, each of the terms ``contribution'',
``expenditure'', ``independent expenditure'', ``electioneering
communication'', ``candidate'', ``election'', and ``Federal office''
has the meaning given such term in the Federal Election Campaign Act of
1971 (2 U.S.C. 431 et seq.).
Sec. 744. Notwithstanding any other provision of law, until
September 30, 2013, of the amounts made available for information
technology investments under the heading ``Independent Agencies,
Commodity Futures Trading Commission'' in the Agriculture, Rural
Development, Food and Drug Administration, and Related Agencies
Appropriations Act, 2012 (division A of Public Law 112-55), the
Chairman of the Commodity Futures Trading Commission may transfer not
to exceed $10,000,000 under such heading for salaries and expenses of
such Commission: Provided, That any transfer pursuant to this section
shall be subject to the notification procedures set forth in section
730 of such Act with respect to a reprogramming of funds and shall not
be available for obligation or expenditure except in compliance with
such procedures.
TITLE VIII
GENERAL PROVISIONS--DISTRICT OF COLUMBIA
(including transfer of funds)
Sec. 801. There are appropriated from the applicable funds of the
District of Columbia such sums as may be necessary for making refunds
and for the payment of legal settlements or judgments that have been
entered against the District of Columbia government.
Sec. 802. None of the Federal funds provided in this Act shall be
used for publicity or propaganda purposes or implementation of any
policy including boycott designed to support or defeat legislation
pending before Congress or any State legislature.
Sec. 803. (a) None of the Federal funds provided under this Act to
the agencies funded by this Act, both Federal and District government
agencies, that remain available for obligation or expenditure in fiscal
year 2012, or provided from any accounts in the Treasury of the United
States derived by the collection of fees available to the agencies
funded by this Act, shall be available for obligation or expenditures
for an agency through a reprogramming of funds which--
(1) creates new programs;
(2) eliminates a program, project, or responsibility center;
(3) establishes or changes allocations specifically denied,
limited or increased under this Act;
(4) increases funds or personnel by any means for any program,
project, or responsibility center for which funds have been denied
or restricted;
(5) re-establishes any program or project previously deferred
through reprogramming;
(6) augments any existing program, project, or responsibility
center through a reprogramming of funds in excess of $3,000,000 or
10 percent, whichever is less; or
(7) increases by 20 percent or more personnel assigned to a
specific program, project or responsibility center,
unless the Committees on Appropriations of the House of Representatives
and the Senate are notified in writing 15 days in advance of the
reprogramming.
(b) The District of Columbia government is authorized to approve
and execute reprogramming and transfer requests of local funds under
this title through November 1, 2012.
Sec. 804. None of the Federal funds provided in this Act may be
used by the District of Columbia to provide for salaries, expenses, or
other costs associated with the offices of United States Senator or
United States Representative under section 4(d) of the District of
Columbia Statehood Constitutional Convention Initiatives of 1979 (D.C.
Law 3-171; D.C. Official Code, sec. 1-123).
Sec. 805. Except as otherwise provided in this section, none of
the funds made available by this Act or by any other Act may be used to
provide any officer or employee of the District of Columbia with an
official vehicle unless the officer or employee uses the vehicle only
in the performance of the officer's or employee's official duties. For
purposes of this section, the term ``official duties'' does not include
travel between the officer's or employee's residence and workplace,
except in the case of--
(1) an officer or employee of the Metropolitan Police
Department who resides in the District of Columbia or a District of
Columbia government employee as may otherwise be designated by the
Chief of the Department;
(2) at the discretion of the Fire Chief, an officer or employee
of the District of Columbia Fire and Emergency Medical Services
Department who resides in the District of Columbia and is on call
24 hours a day or is otherwise designated by the Fire Chief;
(3) at the discretion of the Director of the Department of
Corrections, an officer or employee of the District of Columbia
Department of Corrections who resides in the District of Columbia
and is on call 24 hours a day or is otherwise designated by the
Director;
(4) the Mayor of the District of Columbia; and
(5) the Chairman of the Council of the District of Columbia.
Sec. 806. (a) None of the Federal funds contained in this Act may
be used by the District of Columbia Attorney General or any other
officer or entity of the District government to provide assistance for
any petition drive or civil action which seeks to require Congress to
provide for voting representation in Congress for the District of
Columbia.
(b) Nothing in this section bars the District of Columbia Attorney
General from reviewing or commenting on briefs in private lawsuits, or
from consulting with officials of the District government regarding
such lawsuits.
Sec. 807. None of the Federal funds contained in this Act may be
used to distribute any needle or syringe for the purpose of preventing
the spread of blood borne pathogens in any location that has been
determined by the local public health or local law enforcement
authorities to be inappropriate for such distribution.
Sec. 808. Nothing in this Act may be construed to prevent the
Council or Mayor of the District of Columbia from addressing the issue
of the provision of contraceptive coverage by health insurance plans,
but it is the intent of Congress that any legislation enacted on such
issue should include a ``conscience clause'' which provides exceptions
for religious beliefs and moral convictions.
Sec. 809. Hereafter, as part of the submission of the annual
budget justification, the Mayor of the District of Columbia shall
submit to the Committees on Appropriations of the House of
Representatives and the Senate, the Committee on Oversight and
Government Reform of the House of Representatives, and the Committee on
Homeland Security and Governmental Affairs of the Senate a report
addressing--
(1) crime, including the homicide rate, implementation of
community policing, and the number of police officers on local
beats;
(2) access to substance and alcohol abuse treatment, including
the number of treatment slots, the number of people served, the
number of people on waiting lists, and the effectiveness of
treatment programs, the retention rates in treatment programs, and
the recidivism/re-arrest rates for treatment participants;
(3) education, including access to special education services
and student achievement to be provided in consultation with the
District of Columbia Public Schools, repeated grade rates, high
school graduation rates, and post-secondary education attendance
rates;
(4) improvement in basic District services, including rat
control and abatement; and
(5) application for and management of Federal grants, including
the number and type of grants for which the District was eligible
but failed to apply and the number and type of grants awarded to
the District but for which the District failed to spend the amounts
received.
Sec. 810. None of the Federal funds contained in this Act may be
used to enact or carry out any law, rule, or regulation to legalize or
otherwise reduce penalties associated with the possession, use, or
distribution of any schedule I substance under the Controlled
Substances Act (21 U.S.C. 801 et seq.) or any tetrahydrocannabinols
derivative.
Sec. 811. None of the funds appropriated under this Act shall be
expended for any abortion except where the life of the mother would be
endangered if the fetus were carried to term or where the pregnancy is
the result of an act of rape or incest.
Sec. 812. (a) No later than 30 calendar days after the date of the
enactment of this Act, the Chief Financial Officer for the District of
Columbia shall submit to the appropriate committees of Congress, the
Mayor, and the Council of the District of Columbia, a revised
appropriated funds operating budget in the format of the budget that
the District of Columbia government submitted pursuant to section 442
of the District of Columbia Home Rule Act (D.C. Official Code, sec. 1-
204.42), for all agencies of the District of Columbia government for
fiscal year 2012 that is in the total amount of the approved
appropriation and that realigns all budgeted data for personal services
and other-than-personal services, respectively, with anticipated actual
expenditures.
(b) This section shall apply only to an agency for which the Chief
Financial Officer for the District of Columbia certifies that a
reallocation is required to address unanticipated changes in program
requirements.
Sec. 813. No later than 30 calendar days after the date of the
enactment of this Act, the Chief Financial Officer for the District of
Columbia shall submit to the appropriate committees of Congress, the
Mayor, and the Council for the District of Columbia, a revised
appropriated funds operating budget for the District of Columbia Public
Schools that aligns schools budgets to actual enrollment. The revised
appropriated funds budget shall be in the format of the budget that the
District of Columbia government submitted pursuant to section 442 of
the District of Columbia Home Rule Act (D.C. Official Code, Sec. 1-
204.42).
Sec. 814. Amounts appropriated in this Act as operating funds may
be transferred to the District of Columbia's enterprise and capital
funds and such amounts, once transferred, shall retain appropriation
authority consistent with the provisions of this Act.
Sec. 815. Notwithstanding any other laws, for this and succeeding
fiscal years, the Director of the District of Columbia Public Defender
Service shall, to the extent the Director considers appropriate,
provide representation for and hold harmless, or provide liability
insurance for, any person who is an employee, member of the Board of
Trustees, or officer of the District of Columbia Public Defender
Service for money damages arising out of any claim, proceeding, or case
at law relating to the furnishing of representational services or
management services or related services while acting within the scope
of that person's office or employment, including, but not limited to
such claims, proceedings, or cases at law involving employment actions,
injury, loss of liberty, property damage, loss of property, or personal
injury, or death arising from malpractice or negligence of any such
officer or employee.
Sec. 816. Section 346 of the District of Columbia Appropriations
Act, 2005 (Public Law 108-335) is amended--
(1) in the title, by striking ``Biennial'';
(2) in subsection (a), by striking ``Biennial management'' and
inserting ``Management'';
(3) in subsection (a), by striking ``States.'' and inserting
``States every five years.''; and
(4) in subsection (b)(6), by striking ``2'' and inserting
``5''.
Sec. 817. Except as expressly provided otherwise, any reference to
``this Act'' contained in this title or in title IV shall be treated as
referring only to the provisions of this title or of title IV.
This division may be cited as the ``Financial Services and General
Government Appropriations Act, 2012''.
DIVISION D--DEPARTMENT OF HOMELAND SECURITY APPROPRIATIONS ACT, 2012
TITLE I
DEPARTMENTAL MANAGEMENT AND OPERATIONS
Office of the Secretary and Executive Management
For necessary expenses of the Office of the Secretary of Homeland
Security, as authorized by section 102 of the Homeland Security Act of
2002 (6 U.S.C. 112), and executive management of the Department of
Homeland Security, as authorized by law, $133,159,000: Provided, That
not to exceed $51,000 shall be for official reception and
representation expenses, of which $17,000 shall be made available to
the Office of Policy for Visa Waiver Program negotiations in
Washington, DC, and for other international activities: Provided
further, That all official costs associated with the use of government
aircraft by Department of Homeland Security personnel to support
official travel of the Secretary and the Deputy Secretary shall be paid
from amounts made available for the Immediate Office of the Secretary
and the Immediate Office of the Deputy Secretary: Provided further,
That of the total amount made available under this heading, $1,800,000
shall remain available until March 30, 2012, for the Office of
Counternarcotics Enforcement, of which up to $1,800,000 may,
notwithstanding section 503 of this Act, be transferred to the Office
of Policy: Provided further, That amounts transferred pursuant to the
preceding proviso shall remain available until September 30, 2012:
Provided further, That the Assistant Secretary for Policy shall submit
to the Committees on Appropriations of the Senate and the House of
Representatives not later than March 30, 2012, an expenditure plan for
the Office of Policy which includes a detailed description of any funds
transferred to the Office for counternarcotics enforcement and
activities related to risk management and analysis: Provided further,
That $30,000,000 shall not be available for obligation until the
Secretary of Homeland Security submits to the Committees on
Appropriations of the Senate and the House of Representatives a
comprehensive plan for implementation of the biometric air exit system,
as mandated in Public Law 110-53, including the estimated costs of
implementation.
Office of the Under Secretary for Management
For necessary expenses of the Office of the Under Secretary for
Management, as authorized by sections 701 through 705 of the Homeland
Security Act of 2002 (6 U.S.C. 341 through 345), $235,587,000, of which
not to exceed $2,500 shall be for official reception and representation
expenses: Provided, That of the total amount made available under this
heading, $5,000,000 shall remain available until September 30, 2016,
solely for the alteration and improvement of facilities, tenant
improvements, and relocation costs to consolidate Department
headquarters operations at the Nebraska Avenue Complex; and $14,172,000
shall remain available until September 30, 2014, for the Human
Resources Information Technology program: Provided further, That the
Under Secretary for Management shall, pursuant to the requirements
contained in the joint statement of managers accompanying this Act,
provide to the Committees on Appropriations of the Senate and the House
of Representatives a Comprehensive Acquisition Status Report with the
President's budget for fiscal year 2013 as submitted under section
1105(a) of title 31, United States Code, and quarterly updates to such
report not later than 30 days after the completion of each quarter.
Office of the Chief Financial Officer
For necessary expenses of the Office of the Chief Financial
Officer, as authorized by section 103 of the Homeland Security Act of
2002 (6 U.S.C. 113), $50,860,000.
Office of the Chief Information Officer
For necessary expenses of the Office of the Chief Information
Officer, as authorized by section 103 of the Homeland Security Act of
2002 (6 U.S.C. 113), and Department-wide technology investments,
$257,300,000; of which $105,500,000 shall be available for salaries and
expenses; and of which $151,800,000, to remain available until
September 30, 2014, shall be available for development and acquisition
of information technology equipment, software, services, and related
activities for the Department of Homeland Security: Provided, That the
Department of Homeland Security Chief Information Officer shall submit
to the Committees on Appropriations of the Senate and the House of
Representatives, at the time that the President's budget is submitted
each year under section 1105(a) of title 31, United States Code, a
multi-year investment and management plan, to include each of fiscal
years 2012 through 2015, for all information technology acquisition
projects funded under this heading or funded by multiple components of
the Department of Homeland Security through reimbursable agreements,
that includes--
(1) the proposed appropriations included for each project and
activity tied to mission requirements, program management
capabilities, performance levels, and specific capabilities and
services to be delivered;
(2) the total estimated cost and projected timeline of
completion for all multi-year enhancements, modernizations, and new
capabilities that are proposed in such budget or underway;
(3) a detailed accounting of operations and maintenance and
contractor services costs; and
(4) a current acquisition program baseline for each project,
that--
(A) notes and explains any deviations in cost, performance
parameters, schedule, or estimated date of completion from the
original acquisition program baseline;
(B) aligns the acquisition programs covered by the baseline
to mission requirements by defining existing capabilities,
identifying known capability gaps between such existing
capabilities and stated mission requirements, and explaining
how each increment will address such known capability gaps; and
(C) defines life-cycle costs for such programs.
Analysis and Operations
For necessary expenses for intelligence analysis and operations
coordination activities, as authorized by title II of the Homeland
Security Act of 2002 (6 U.S.C. 121 et seq.), $338,068,000; of which not
to exceed $4,250 shall be for official reception and representation
expenses; and of which $141,521,000 shall remain available until
September 30, 2013.
Office of Inspector General
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978 (5
U.S.C. App.), $117,000,000, of which not to exceed $300,000 may be used
for certain confidential operational expenses, including the payment of
informants, to be expended at the direction of the Inspector General.
TITLE II
SECURITY, ENFORCEMENT, AND INVESTIGATIONS
U.S. Customs and Border Protection
salaries and expenses
For necessary expenses for enforcement of laws relating to border
security, immigration, customs, agricultural inspections and regulatory
activities related to plant and animal imports, and transportation of
unaccompanied minor aliens; purchase and lease of up to 7,500 (6,500
for replacement only) police-type vehicles; and contracting with
individuals for personal services abroad; $8,680,118,000; of which
$3,274,000 shall be derived from the Harbor Maintenance Trust Fund for
administrative expenses related to the collection of the Harbor
Maintenance Fee pursuant to section 9505(c)(3) of the Internal Revenue
Code of 1986 (26 U.S.C. 9505(c)(3)) and notwithstanding section
1511(e)(1) of the Homeland Security Act of 2002 (6 U.S.C. 551(e)(1));
of which not to exceed $38,250 shall be for official reception and
representation expenses; of which not less than $287,901,000 shall be
for Air and Marine Operations; of which such sums as become available
in the Customs User Fee Account, except sums subject to section
13031(f)(3) of the Consolidated Omnibus Budget Reconciliation Act of
1985 (19 U.S.C. 58c(f)(3)), shall be derived from that account; of
which not to exceed $150,000 shall be available for payment for rental
space in connection with preclearance operations; of which not to
exceed $1,000,000 shall be for awards of compensation to informants, to
be accounted for solely under the certificate of the Secretary of
Homeland Security: Provided, That for fiscal year 2012, the overtime
limitation prescribed in section 5(c)(1) of the Act of February 13,
1911 (19 U.S.C. 267(c)(1)) shall be $35,000; and notwithstanding any
other provision of law, none of the funds appropriated by this Act may
be available to compensate any employee of U.S. Customs and Border
Protection for overtime, from whatever source, in an amount that
exceeds such limitation, except in individual cases determined by the
Secretary of Homeland Security, or the designee of the Secretary, to be
necessary for national security purposes, to prevent excessive costs,
or in cases of immigration emergencies: Provided further, That the
Border Patrol shall maintain an active duty presence of not less than
21,370 full-time equivalent agents protecting the borders of the United
States in the fiscal year: Provided further, That the Commissioner of
U.S. Customs and Border Protection shall submit to the Committees on
Appropriations of the Senate and the House of Representatives, with the
congressional budget justification, a multi-year investment and
management plan, to include each fiscal year starting with the current
fiscal year and the 3 subsequent fiscal years, for inspection and
detection technology supporting operations under this heading,
including all non-intrusive inspection and radiation detection
technology, that provides--
(1) the funding level for all inspection and detection
technology equipment by source;
(2) the inventory of inspection and detection technology
equipment by type and age;
(3) the proposed appropriations for procurement of inspection
and detection technology equipment by type, including quantity, for
deployment, and for operations and maintenance;
(4) projected funding levels for procurement of inspection and
detection technology equipment by type, including quantity, for
deployment, and for operations and maintenance for each of the 3
subsequent fiscal years; and
(5) a current acquisition program baseline that--
(A) aligns the acquisition of each technology to mission
requirements by defining existing capabilities of comparable
legacy technology assets, identifying known capability gaps
between such existing capabilities and stated mission
requirements, and explaining how the acquisition of each
technology will address such known capability gaps;
(B) defines life-cycle costs for each technology, including
all associated costs of major acquisitions systems
infrastructure and transition to operations, delineated by
purpose and fiscal year for the projected service life of the
technology; and
(C) includes a phase-out and decommissioning schedule
delineated by fiscal year for existing legacy technology assets
that each technology is intended to replace or recapitalize.
automation modernization
For expenses for U.S. Customs and Border Protection automated
systems, $334,275,000, to remain available until September 30, 2014, of
which not less than $140,000,000 shall be for the development of the
Automated Commercial Environment: Provided, That of the total amount
made available under this heading, $25,000,000 may not be obligated for
the Automated Commercial Environment program until the Commissioner of
U.S. Customs and Border Protection submits to the Committees on
Appropriations of the Senate and the House of Representatives, not
later than 60 days after the date of enactment of this Act, an
expenditure plan for the Automated Commercial Environment program
including results to date, plans for the program, and a list of
projects with associated funding from prior appropriations and provided
by this Act.
border security fencing, infrastructure, and technology
For expenses for border security fencing, infrastructure, and
technology, $400,000,000, to remain available until September 30, 2014:
Provided, That of the total amount made available under this heading,
$60,000,000 shall not be obligated until the Committees on
Appropriations of the Senate and the House of Representatives receive a
detailed plan for expenditure, prepared by the Commissioner of U.S.
Customs and Border Protection, and submitted not later than 90 days
after the date of enactment of this Act, for a program to establish and
maintain a security barrier along the borders of the United States of
fencing and vehicle barriers, where practicable, and of other forms of
tactical infrastructure and technology: Provided further, That the
Commissioner of U.S. Customs and Border Protection shall submit to the
Committees on Appropriations of the Senate and the House of
Representatives, at the time that the President's budget is submitted
each year under section 1105(a) of title 31, United States Code, a
multi-year investment and management plan for the Border Security
Fencing, Infrastructure, and Technology account, that includes for each
tactical infrastructure and technology deployment--
(1) the funding level in that budget and projected funding
levels for each of the next 3 fiscal years, including a description
of the purpose of such funds;
(2) the deployment plan, by border segment, that aligns each
deployment to mission requirements by defining existing
capabilities, identifying known capability gaps between such
existing capabilities and stated mission requirements related to
achieving operational control, and explaining how each tactical
infrastructure or technology deployment will address such known
capability gaps; and
(3) a current acquisition program baseline that--
(A) notes and explains any deviations in cost, performance
parameters, schedule, or estimated date of completion from the
most recent acquisition program baseline approved by the
Department of Homeland Security Acquisition Review Board;
(B) includes a phase-out and life-cycle recapitalization
schedule delineated by fiscal year for existing and new
tactical infrastructure and technology deployments that each
deployment is intended to replace or recapitalize; and
(C) includes qualitative performance metrics that assess
the effectiveness of new and existing tactical infrastructure
and technology deployments and inform the next multi-year
investment and management plan related to achieving operational
control of the Northern and Southwest borders of the United
States.
air and marine interdiction, operations, maintenance, and procurement
For necessary expenses for the operations, maintenance, and
procurement of marine vessels, aircraft, unmanned aircraft systems, and
other related equipment of the air and marine program, including
operational training and mission-related travel, the operations of
which include the following: the interdiction of narcotics and other
goods; the provision of support to Federal, State, and local agencies
in the enforcement or administration of laws enforced by the Department
of Homeland Security; and, at the discretion of the Secretary of
Homeland Security, the provision of assistance to Federal, State, and
local agencies in other law enforcement and emergency humanitarian
efforts, $503,966,000, to remain available until September 30, 2014:
Provided, That no aircraft or other related equipment, with the
exception of aircraft that are one of a kind and have been identified
as excess to U.S. Customs and Border Protection requirements and
aircraft that have been damaged beyond repair, shall be transferred to
any other Federal agency, department, or office outside of the
Department of Homeland Security during fiscal year 2012 without the
prior approval of the Committees on Appropriations of the Senate and
the House of Representatives: Provided further, That the Secretary of
Homeland Security shall report to the Committees on Appropriations of
the Senate and the House of Representatives, not later than 90 days
after the date of enactment of this Act, on the update to the 5-year
strategic plan for the air and marine program directed in conference
report 109-241 accompanying Public Law 109-90 that addresses missions,
structure, operations, equipment, facilities, and resources including
deployment and command and control requirements, and includes a
recapitalization plan with milestones and funding, and a detailed
staffing plan with associated costs to achieve full staffing to meet
all mission requirements.
construction and facilities management
For necessary expenses to plan, acquire, construct, renovate,
equip, furnish, operate, manage, and maintain buildings, facilities,
and related infrastructure necessary for the administration and
enforcement of the laws relating to customs, immigration, and border
security, $236,596,000, to remain available until September 30, 2016:
Provided, That for fiscal year 2012 and thereafter, the annual budget
submission of U.S. Customs and Border Protection for ``Construction and
Facilities Management'' shall, in consultation with the General
Services Administration, include a detailed 5-year plan for all Federal
land border port of entry projects with a yearly update of total
projected future funding needs delineated by land port of entry:
Provided further, That the Commissioner of U.S. Customs and Border
Protection shall submit to the Committees on Appropriations of the
Senate and the House of Representatives, at the time that the
President's budget is submitted each year under section 1105(a) of
title 31, United States Code, an inventory of the real property of U.S.
Customs and Border Protection and a plan for each activity and project
proposed for funding under this heading that includes the full cost by
fiscal year of each activity and project proposed and underway in
fiscal year 2013.
U.S. Immigration and Customs Enforcement
salaries and expenses
For necessary expenses for enforcement of immigration and customs
laws, detention and removals, and investigations, including overseas
vetted units operations; and purchase and lease of up to 3,790 (2,350
for replacement only) police-type vehicles; $5,528,874,000; of which
not to exceed $10,000,000 shall be available until expended for
conducting special operations under section 3131 of the Customs
Enforcement Act of 1986 (19 U.S.C. 2081); of which not to exceed
$12,750 shall be for official reception and representation expenses; of
which not to exceed $2,000,000 shall be for awards of compensation to
informants, to be accounted for solely under the certificate of the
Secretary of Homeland Security; of which not less than $305,000 shall
be for promotion of public awareness of the child pornography tipline
and activities to counter child exploitation; of which not less than
$5,400,000 shall be used to facilitate agreements consistent with
section 287(g) of the Immigration and Nationality Act (8 U.S.C.
1357(g)); and of which not to exceed $11,216,000 shall be available to
fund or reimburse other Federal agencies for the costs associated with
the care, maintenance, and repatriation of smuggled aliens unlawfully
present in the United States: Provided, That none of the funds made
available under this heading shall be available to compensate any
employee for overtime in an annual amount in excess of $35,000, except
that the Secretary of Homeland Security, or the designee of the
Secretary, may waive that amount as necessary for national security
purposes and in cases of immigration emergencies: Provided further,
That of the total amount provided, $15,770,000 shall be for activities
to enforce laws against forced child labor, of which not to exceed
$6,000,000 shall remain available until expended: Provided further,
That of the total amount available, not less than $1,600,000,000 shall
be available to identify aliens convicted of a crime who may be
deportable, and to remove them from the United States once they are
judged deportable, of which $189,064,000 shall remain available until
September 30, 2013: Provided further, That the Assistant Secretary of
Homeland Security for U.S. Immigration and Customs Enforcement shall
report to the Committees on Appropriations of the Senate and the House
of Representatives, not later than 45 days after the end of each
quarter of the fiscal year, on progress in implementing the preceding
proviso and the funds obligated during that quarter to make such
progress: Provided further, That the Secretary of Homeland Security
shall prioritize the identification and removal of aliens convicted of
a crime by the severity of that crime: Provided further, That funding
made available under this heading shall maintain a level of not less
than 34,000 detention beds through September 30, 2012: Provided
further, That of the total amount provided, not less than
$2,750,843,000 is for detention and removal operations, including
transportation of unaccompanied minor aliens: Provided further, That
of the total amount provided, $10,300,000 shall remain available until
September 30, 2013, for the Visa Security Program: Provided further,
That none of the funds provided under this heading may be used to
continue a delegation of law enforcement authority authorized under
section 287(g) of the Immigration and Nationality Act (8 U.S.C.
1357(g)) if the Department of Homeland Security Inspector General
determines that the terms of the agreement governing the delegation of
authority have been violated: Provided further, That none of the funds
provided under this heading may be used to continue any contract for
the provision of detention services if the two most recent overall
performance evaluations received by the contracted facility are less
than ``adequate'' or the equivalent median score in any subsequent
performance evaluation system: Provided further, That nothing under
this heading shall prevent U.S. Immigration and Customs Enforcement
from exercising those authorities provided under immigration laws (as
defined in section 101(a)(17) of the Immigration and Nationality Act (8
U.S.C. 1101(a)(17))) during priority operations pertaining to aliens
convicted of a crime.
automation modernization
For expenses of immigration and customs enforcement automated
systems, $21,710,000, to remain available until September 30, 2016.
Transportation Security Administration
aviation security
For necessary expenses of the Transportation Security
Administration related to providing civil aviation security services
pursuant to the Aviation and Transportation Security Act (Public Law
107-71; 115 Stat. 597; 49 U.S.C. 40101 note), $5,253,956,000, to remain
available until September 30, 2013, of which not to exceed $8,500 shall
be for official reception and representation expenses: Provided, That
of the total amount made available under this heading, not to exceed
$4,167,631,000 shall be for screening operations, of which $543,103,000
shall be available for explosives detection systems; $204,768,000 shall
be for checkpoint support; and not to exceed $1,086,325,000 shall be
for aviation security direction and enforcement: Provided further,
That of the amount made available in the preceding proviso for
explosives detection systems, $222,738,000 shall be available for the
purchase and installation of these systems, of which not less than 10
percent shall be available for the purchase and installation of
certified explosives detection systems at medium- and small-sized
airports: Provided further, That any award to deploy explosives
detection systems shall be based on risk, the airport's current
reliance on other screening solutions, lobby congestion resulting in
increased security concerns, high injury rates, airport readiness, and
increased cost effectiveness: Provided further, That security service
fees authorized under section 44940 of title 49, United States Code,
shall be credited to this appropriation as offsetting collections and
shall be available only for aviation security: Provided further, That
the sum appropriated under this heading from the general fund shall be
reduced on a dollar-for-dollar basis as such offsetting collections are
received during fiscal year 2012 so as to result in a final fiscal year
appropriation from the general fund estimated at not more than
$3,223,956,000: Provided further, That any security service fees
collected in excess of the amount made available under this heading
shall become available during fiscal year 2013: Provided further, That
notwithstanding section 44923 of title 49, United States Code, for
fiscal year 2012, any funds in the Aviation Security Capital Fund
established by section 44923(h) of title 49, United States Code, may be
used for the procurement and installation of explosives detection
systems or for the issuance of other transaction agreements for the
purpose of funding projects described in section 44923(a): Provided
further, That none of the funds made available in this Act may be used
for any recruiting or hiring of personnel into the Transportation
Security Administration that would cause the agency to exceed a
staffing level of 46,000 full-time equivalent screeners: Provided
further, That the preceding proviso shall not apply to personnel hired
as part-time employees: Provided further, That not later than 90 days
after the date of enactment of this Act, the Secretary of Homeland
Security shall submit to the Committees on Appropriations of the Senate
and the House of Representatives a detailed report on--
(1) the Department of Homeland Security efforts and resources
being devoted to develop more advanced integrated passenger
screening technologies for the most effective security of
passengers and baggage at the lowest possible operating and
acquisition costs;
(2) how the Transportation Security Administration is deploying
its existing passenger and baggage screener workforce in the most
cost effective manner; and
(3) labor savings from the deployment of improved technologies
for passenger and baggage screening and how those savings are being
used to offset security costs or reinvested to address security
vulnerabilities:
Provided further, That Members of the United States House of
Representatives and United States Senate, including the leadership; the
heads of Federal agencies and commissions, including the Secretary,
Deputy Secretary, Under Secretaries, and Assistant Secretaries of the
Department of Homeland Security; the United States Attorney General,
Deputy Attorney General, Assistant Attorneys General, and the United
States Attorneys; and senior members of the Executive Office of the
President, including the Director of the Office of Management and
Budget, shall not be exempt from Federal passenger and baggage
screening.
surface transportation security
For necessary expenses of the Transportation Security
Administration related to surface transportation security activities,
$134,748,000, to remain available until September 30, 2013.
transportation threat assessment and credentialing
For necessary expenses for the development and implementation of
screening programs of the Office of Transportation Threat Assessment
and Credentialing, $163,954,000, to remain available until September
30, 2013.
transportation security support
For necessary expenses of the Transportation Security
Administration related to transportation security support and
intelligence pursuant to the Aviation and Transportation Security Act
(Public Law 107-71; 115 Stat. 597; 49 U.S.C. 40101 note),
$1,031,926,000, to remain available until September 30, 2013:
Provided, That of the funds appropriated under this heading,
$20,000,000 may not be obligated for headquarters administration until
the Administrator of the Transportation Security Administration submits
to the Committees on Appropriations of the Senate and the House of
Representatives detailed expenditure plans for air cargo security,
checkpoint support, and explosives detection systems refurbishment,
procurement, and installations on an airport-by-airport basis for
fiscal year 2012: Provided further, That these plans shall be
submitted not later than 60 days after the date of enactment of this
Act.
federal air marshals
For necessary expenses of the Federal Air Marshals, $966,115,000.
Coast Guard
operating expenses
For necessary expenses for the operation and maintenance of the
Coast Guard, not otherwise provided for; purchase or lease of not to
exceed 25 passenger motor vehicles, which shall be for replacement
only; purchase or lease of small boats for contingent and emergent
requirements (at a unit cost of no more than $700,000) and repairs and
service-life replacements, not to exceed a total of $31,000,000;
purchase or lease of boats necessary for overseas deployments and
activities; minor shore construction projects not exceeding $1,000,000
in total cost at any location; payments pursuant to section 156 of
Public Law 97-377 (42 U.S.C. 402 note; 96 Stat. 1920); and recreation
and welfare; $7,051,054,000, of which $598,000,000 shall be for
defense-related activities, of which $258,000,000 is designated by the
Congress for Overseas Contingency Operations/Global War on Terrorism
pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency
Deficit Control Act of 1985; of which $24,500,000 shall be derived from
the Oil Spill Liability Trust Fund to carry out the purposes of section
1012(a)(5) of the Oil Pollution Act of 1990 (33 U.S.C. 2712(a)(5)); and
of which not to exceed $17,000 shall be for official reception and
representation expenses: Provided, That none of the funds made
available by this Act shall be for expenses incurred for recreational
vessels under section 12114 of title 46, United States Code, except to
the extent fees are collected from owners of yachts and credited to
this appropriation: Provided further, That the Coast Guard shall
comply with the requirements of section 527 of the National Defense
Authorization Act for Fiscal Year 2004 (10 U.S.C. 4331 note) with
respect to the Coast Guard Academy: Provided further, That of the
funds provided under this heading, $75,000,000 shall be withheld from
obligation for Coast Guard Headquarters Directorates until a revised
future-years capital investment plan for fiscal years 2013 through
2017, as specified under the heading Coast Guard ``Acquisition,
Construction, and Improvements'' of this Act is submitted to the
Committees on Appropriations of the Senate and the House of
Representatives: Provided further, That funds made available under this
heading for Overseas Contingency Operations/Global War on Terrorism may
be allocated by program, project, and activity, notwithstanding section
503 of this Act.
environmental compliance and restoration
For necessary expenses to carry out the environmental compliance
and restoration functions of the Coast Guard under chapter 19 of title
14, United States Code, $13,500,000, to remain available until
September 30, 2016.
reserve training
For necessary expenses of the Coast Guard Reserve, as authorized by
law; operations and maintenance of the Coast Guard reserve program;
personnel and training costs; and equipment and services; $134,278,000.
acquisition, construction, and improvements
For necessary expenses of acquisition, construction, renovation,
and improvement of aids to navigation, shore facilities, vessels, and
aircraft, including equipment related thereto; and maintenance,
rehabilitation, lease and operation of facilities and equipment; as
authorized by law; $1,403,924,000, of which $20,000,000 shall be
derived from the Oil Spill Liability Trust Fund to carry out the
purposes of section 1012(a)(5) of the Oil Pollution Act of 1990 (33
U.S.C. 2712(a)(5)); of which $20,000,000 shall remain available until
September 30, 2016, for military family housing, of which not more than
$14,000,000 shall be derived from the Coast Guard Housing Fund,
established pursuant to 14 U.S.C. 687; of which $642,000,000 shall be
available until September 30, 2016, to acquire, effect major repairs
to, renovate, or improve vessels, small boats, and related equipment;
of which $289,900,000 shall be available until September 30, 2016, to
acquire, effect major repairs to, renovate, or improve aircraft or
increase aviation capability; of which $161,140,000 shall be available
until September 30, 2016, for other acquisition programs; of which
$180,692,000 shall be available until September 30, 2016, for shore
facilities and aids to navigation, including waterfront facilities at
Navy installations used by the Coast Guard; of which $110,192,000 shall
be available for personnel compensation and benefits and related costs:
Provided, That the funds provided by this Act shall be immediately
available and allotted to contract for long lead time materials,
components, and designs for the sixth National Security Cutter
notwithstanding the availability of funds for production costs or post-
production costs: Provided further, That the Secretary of Homeland
Security shall submit to the Committees on Appropriations of the Senate
and the House of Representatives, at the time that the President's
budget is submitted each year under section 1105(a) of title 31, United
States Code, a future-years capital investment plan for the Coast Guard
that identifies for each requested capital asset--
(1) the proposed appropriations included in that budget;
(2) the total estimated cost of completion, including and
clearly delineating the costs of associated major acquisition
systems infrastructure and transition to operations;
(3) projected funding levels for each fiscal year for the next
5 fiscal years or until acquisition program baseline or project
completion, whichever is earlier;
(4) an estimated completion date at the projected funding
levels; and
(5) a current acquisition program baseline for each capital
asset, as applicable, that--
(A) includes the total acquisition cost of each asset,
subdivided by fiscal year and including a detailed description
of the purpose of the proposed funding levels for each fiscal
year, including for each fiscal year funds requested for
design, pre-acquisition activities, production, structural
modifications, missionization, post-delivery, and transition to
operations costs;
(B) includes a detailed project schedule through
completion, subdivided by fiscal year, that details--
(i) quantities planned for each fiscal year; and
(ii) major acquisition and project events, including
development of operational requirements, contracting
actions, design reviews, production, delivery, test and
evaluation, and transition to operations, including
necessary training, shore infrastructure, and logistics;
(C) notes and explains any deviations in cost, performance
parameters, schedule, or estimated date of completion from the
original acquisition program baseline and the most recent
baseline approved by the Department of Homeland Security's
Acquisition Review Board, if applicable;
(D) aligns the acquisition of each asset to mission
requirements by defining existing capabilities of comparable
legacy assets, identifying known capability gaps between such
existing capabilities and stated mission requirements, and
explaining how the acquisition of each asset will address such
known capability gaps;
(E) defines life-cycle costs for each asset and the date of
the estimate on which such costs are based, including all
associated costs of major acquisitions systems infrastructure
and transition to operations, delineated by purpose and fiscal
year for the projected service life of the asset;
(F) includes the earned value management system summary
schedule performance index and cost performance index for each
asset, if applicable; and
(G) includes a phase-out and decommissioning schedule
delineated by fiscal year for each existing legacy asset that
each asset is intended to replace or recapitalize:
Provided further, That the Secretary of Homeland Security shall
ensure that amounts specified in the future-years capital investment
plan are consistent, to the maximum extent practicable, with proposed
appropriations necessary to support the programs, projects, and
activities of the Coast Guard in the President's budget as submitted
under section 1105(a) of title 31, United States Code, for that fiscal
year: Provided further, That any inconsistencies between the capital
investment plan and proposed appropriations shall be identified and
justified: Provided further, That subsections (a) and (b) of section
6402 of Public Law 110-28 shall apply with respect to the amounts made
available under this heading.
research, development, test, and evaluation
For necessary expenses for applied scientific research,
development, test, and evaluation; and for maintenance, rehabilitation,
lease, and operation of facilities and equipment; as authorized by law;
$27,779,000, to remain available until September 30, 2016, of which
$500,000 shall be derived from the Oil Spill Liability Trust Fund to
carry out the purposes of section 1012(a)(5) of the Oil Pollution Act
of 1990 (33 U.S.C. 2712(a)(5)): Provided, That there may be credited
to and used for the purposes of this appropriation funds received from
State and local governments, other public authorities, private sources,
and foreign countries for expenses incurred for research, development,
testing, and evaluation.
retired pay
For retired pay, including the payment of obligations otherwise
chargeable to lapsed appropriations for this purpose, payments under
the Retired Serviceman's Family Protection and Survivor Benefits Plans,
payment for career status bonuses, concurrent receipts and combat-
related special compensation under the National Defense Authorization
Act, and payments for medical care of retired personnel and their
dependents under chapter 55 of title 10, United States Code,
$1,440,157,000, to remain available until expended.
United States Secret Service
salaries and expenses
For necessary expenses of the United States Secret Service,
including purchase of not to exceed 652 vehicles for police-type use
for replacement only; hire of passenger motor vehicles; purchase of
motorcycles made in the United States; hire of aircraft; services of
expert witnesses at such rates as may be determined by the Director of
the Secret Service; rental of buildings in the District of Columbia,
and fencing, lighting, guard booths, and other facilities on private or
other property not in Government ownership or control, as may be
necessary to perform protective functions; payment of per diem or
subsistence allowances to employees in cases in which a protective
assignment on the actual day or days of the visit of a protectee
requires an employee to work 16 hours per day or to remain overnight at
a post of duty; conduct of and participation in firearms matches;
presentation of awards; travel of United States Secret Service
employees on protective missions without regard to the limitations on
such expenditures in this or any other Act if approval is obtained in
advance from the Committees on Appropriations of the Senate and the
House of Representatives; research and development; grants to conduct
behavioral research in support of protective research and operations;
and payment in advance for commercial accommodations as may be
necessary to perform protective functions; $1,661,237,000, of which not
to exceed $21,250 shall be for official reception and representation
expenses; of which not to exceed $100,000 shall be to provide technical
assistance and equipment to foreign law enforcement organizations in
counterfeit investigations; of which $2,366,000 shall be for forensic
and related support of investigations of missing and exploited
children; and of which $6,000,000 shall be for a grant for activities
related to investigations of missing and exploited children and shall
remain available until September 30, 2013: Provided, That up to
$18,000,000 for protective travel shall remain available until
September 30, 2013: Provided further, That up to $19,307,000 for
National Special Security Events shall remain available until September
30, 2013: Provided further, That the United States Secret Service is
authorized to obligate funds in anticipation of reimbursements from
Federal agencies and entities, as defined in section 105 of title 5,
United States Code, for personnel receiving training sponsored by the
James J. Rowley Training Center, except that total obligations at the
end of the fiscal year shall not exceed total budgetary resources
available under this heading at the end of the fiscal year: Provided
further, That none of the funds made available under this heading shall
be available to compensate any employee for overtime in an annual
amount in excess of $35,000, except that the Secretary of Homeland
Security, or the designee of the Secretary, may waive that amount as
necessary for national security purposes: Provided further, That none
of the funds made available to the United States Secret Service by this
Act or by previous appropriations Acts may be made available for the
protection of the head of a Federal agency other than the Secretary of
Homeland Security: Provided further, That the Director of the United
States Secret Service may enter into an agreement to provide such
protection on a fully reimbursable basis: Provided further, That of
the total amount made available under this heading, $43,843,000, to
remain available until September 30, 2014, is for information
integration and technology transformation: Provided further, That
$20,000,000 made available in the preceding proviso shall not be
obligated to purchase or install information technology equipment until
the Department of Homeland Security Chief Information Officer submits a
report to the Committees on Appropriations of the Senate and the House
of Representatives certifying that all plans for integration and
transformation are consistent with Department of Homeland Security data
center migration and enterprise architecture requirements: Provided
further, That none of the funds made available to the United States
Secret Service by this Act or by previous appropriations Acts may be
obligated for the purpose of opening a new permanent domestic or
overseas office or location unless the Committees on Appropriations of
the Senate and the House of Representatives are notified 15 days in
advance of such obligation.
acquisition, construction, improvements, and related expenses
For necessary expenses for acquisition, construction, repair,
alteration, and improvement of facilities, $5,380,000, to remain
available until September 30, 2016.
TITLE III
PROTECTION, PREPAREDNESS, RESPONSE, AND RECOVERY
National Protection and Programs Directorate
management and administration
For salaries and expenses of the Office of the Under Secretary for
the National Protection and Programs Directorate, support for
operations, information technology, and the Office of Risk Management
and Analysis, $50,695,000: Provided, That not to exceed $4,250 shall
be for official reception and representation expenses: Provided
further, That, subject to section 503 of this Act, the Secretary of
Homeland Security may transfer up to $4,241,000 to the Office of Policy
under the heading Departmental Management and Operations ``Office of
the Secretary and Executive Management'' for activities related to risk
management and analysis: Provided further, That in the preceding
proviso notification shall take place not later than 90 days after the
date of enactment of this Act: Provided further, That any funds not
transferred pursuant to the penultimate proviso shall be available
solely to close out the Office of Risk Management and Analysis not
later than September 30, 2012, and shall not be available for further
transfer or reprogramming pursuant to section 503 of this Act.
infrastructure protection and information security
For necessary expenses for infrastructure protection and
information security programs and activities, as authorized by title II
of the Homeland Security Act of 2002 (6 U.S.C. 121 et seq.),
$888,243,000, of which $200,000,000 shall remain available until
September 30, 2013: Provided, That the Under Secretary for the
National Protection and Programs Directorate shall submit a plan for
expenditure for the National Cyber Security Division and the Office of
Infrastructure Protection, to the Committees on Appropriations of the
Senate and the House of Representatives, not later than 90 days after
the date of enactment of this Act.
federal protective service
The revenues and collections of security fees credited to this
account shall be available until expended for necessary expenses
related to the protection of federally owned and leased buildings and
for the operations of the Federal Protective Service: Provided, That
the Secretary of Homeland Security and the Director of the Office of
Management and Budget shall certify in writing to the Committees on
Appropriations of the Senate and the House of Representatives not later
than December 31, 2011, that the operations of the Federal Protective
Service will be fully funded in fiscal year 2012 through revenues and
collection of security fees, and shall adjust the fees to ensure fee
collections are sufficient to ensure that the Federal Protective
Service maintains not fewer than 1,371 full-time equivalent staff and
1,007 full-time equivalent Police Officers, Inspectors, Area
Commanders, and Special Agents who, while working, are directly engaged
on a daily basis protecting and enforcing laws at Federal buildings
(referred to as ``in-service field staff''): Provided further, That an
expenditure plan for fiscal year 2012 shall be provided to the
Committees on Appropriations of the Senate and the House of
Representatives not later than 60 days after the date of enactment of
this Act: Provided further, That the Director of the Federal
Protective Service shall include with the submission of the President's
fiscal year 2013 budget a strategic human capital plan that aligns fee
collections to personnel requirements based on a current threat
assessment.
united states visitor and immigrant status indicator technology
For necessary expenses for the United States Visitor and Immigrant
Status Indicator Technology program, as authorized by section 110 of
the Illegal Immigration Reform and Immigrant Responsibility Act of 1996
(8 U.S.C. 1365a), $306,802,000, of which $9,400,000 is for development
of a comprehensive plan for implementation of biometric air exit and
improvements to biographic entry-exit capabilities: Provided, That of
the total amount made available under this heading, $194,295,000 is to
remain available until September 30, 2014: Provided further, That of
the total amount provided, $50,000,000 may not be obligated for the
United States Visitor and Immigrant Status Indicator Technology program
until the Secretary of Homeland Security submits to the Committees on
Appropriations of the Senate and the House of Representatives at the
time that the President's budget is submitted each year under section
1105(a) of title 31, United States Code, a multi-year investment and
management plan, to include each fiscal year starting with the current
fiscal year, and the following 3 fiscal years, for the United States
Visitor and Immigrant Status Indicator Technology program that
includes--
(1) the proposed appropriations for each activity tied to
mission requirements and outcomes, program management capabilities,
performance levels, and specific capabilities and services to be
delivered, noting any deviations in cost or performance from the
prior fiscal year expenditure or investment and management plan;
(2) the total estimated cost, projected funding by fiscal year,
and projected timeline of completion for all enhancements,
modernizations, and new capabilities proposed in such budget and
underway, including and clearly delineating associated efforts and
funds requested by other agencies within the Department of Homeland
Security and in the Federal Government, and detailing any
deviations in cost, performance, schedule, or estimated date of
completion provided in the prior fiscal year expenditure or
investment and management plan; and
(3) a detailed accounting of operations and maintenance,
contractor services, and program costs associated with the
management of identity services.
Office of Health Affairs
For necessary expenses of the Office of Health Affairs,
$167,449,000; of which $29,671,000 is for salaries and expenses and
$90,164,000 is for BioWatch operations: Provided, That $47,614,000
shall remain available until September 30, 2013, for biosurveillance,
BioWatch Generation 3, chemical defense, medical and health planning
and coordination, and workforce health protection: Provided further,
That not to exceed $2,500 shall be for official reception and
representation expenses: Provided further, That the Assistant
Secretary for the Office of Health Affairs shall submit an expenditure
plan for fiscal year 2012 to the Committees on Appropriations of the
Senate and the House of Representatives not later than 60 days after
the date of enactment of this Act.
Federal Emergency Management Agency
salaries and expenses
For necessary expenses of the Federal Emergency Management Agency,
$895,350,000, including activities authorized by the National Flood
Insurance Act of 1968 (42 U.S.C. 4001 et seq.), the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.),
the Cerro Grande Fire Assistance Act of 2000 (division C, title I, 114
Stat. 583), the Earthquake Hazards Reduction Act of 1977 (42 U.S.C.
7701 et seq.), the Defense Production Act of 1950 (50 U.S.C. App. 2061
et seq.), sections 107 and 303 of the National Security Act of 1947 (50
U.S.C. 404, 405), Reorganization Plan No. 3 of 1978 (5 U.S.C. App.),
the Homeland Security Act of 2002 (6 U.S.C. 101 et seq.), and the Post-
Katrina Emergency Management Reform Act of 2006 (Public Law 109-295;
120 Stat. 1394): Provided, That not to exceed $2,500 shall be for
official reception and representation expenses: Provided further, That
the Administrator of the Federal Emergency Management Agency may
reprogram funds made available under this heading between programs,
projects, and activities prior to April 16, 2012, notwithstanding
section 503 of this Act: Provided further, That $1,400,000 of the
funds available for the Office of the Administrator of the Federal
Emergency Management Agency shall not be available for obligation until
the Administrator of the Federal Emergency Management Agency submits to
the Committees on Appropriations of the Senate and the House of
Representatives the National Preparedness Report required by Public Law
109-295 and a comprehensive plan to implement a system to measure the
effectiveness of grants to State and local communities in fiscal year
2012: Provided further, That for purposes of planning, coordination,
execution, and decision making related to mass evacuation during a
disaster, the Governors of the State of West Virginia and the
Commonwealth of Pennsylvania, or their designees, shall be incorporated
into efforts to integrate the activities of Federal, State, and local
governments in the National Capital Region, as defined in section 882
of the Homeland Security Act of 2002 (Public Law 107-296): Provided
further, That of the total amount made available under this heading,
$41,250,000 shall be for the Urban Search and Rescue Response System,
of which not to exceed $1,600,000 may be made available for
administrative costs; $5,493,000 shall be for the Office of National
Capital Region Coordination; not to exceed $12,000,000 shall remain
available until September 30, 2013, for capital improvements at the
Mount Weather Emergency Operations Center; and not less than
$13,662,000 shall be for expenses related to modernization of automated
systems: Provided further, That the Administrator of the Federal
Emergency Management Agency, in consultation with the Department of
Homeland Security Chief Information Officer, shall submit to the
Committees on Appropriations of the Senate and the House of
Representatives a strategic plan, not later than 180 days after the
date of enactment of this Act, for the funds specified in the preceding
proviso related to modernization of automated systems, that includes--
(1) a comprehensive plan to automate and modernize information
systems to resolve current inefficiencies, integrate data, and aid
in better performance of executing the Agency-wide mission;
(2) a description of the appropriations for each project and
activity tied to mission requirements and outcomes, program
management capabilities, performance levels, and specific
capabilities and services to be delivered;
(3) the total estimated cost and projected timeline of
completion for all multi-year enhancements, modernizations, and new
capabilities proposed and underway covering a period of no less
than 3 years;
(4) a detailed accounting of operations and maintenance and
contractor services costs; and
(5) the current or planned acquisition programs including--
(A) how the programs align to mission requirements by
defining existing capabilities, identifying known capability
gaps between such existing capabilities and stated mission
requirements, and explaining how each increment will address a
known capability gap;
(B) how programs provide quantifiable information that aids
in understanding national emergency management capabilities;
(C) how programs ensure information sharing among homeland
security partners; and
(D) life-cycle costs for all acquisitions.
state and local programs
(including transfer of funds)
For grants, contracts, cooperative agreements, and other
activities, $1,349,681,000, which shall be distributed, according to
threat, vulnerability, and consequence, at the discretion of the
Secretary of Homeland Security based on the following authorities:
(1) The State Homeland Security Grant Program under section
2004 of the Homeland Security Act of 2002 (6 U.S.C. 605):
Provided, That notwithstanding subsection (c)(4) of such section
2004, for fiscal year 2012, the Commonwealth of Puerto Rico shall
make available to local and tribal governments amounts provided to
the Commonwealth of Puerto Rico under this paragraph in accordance
with subsection (c)(1) of such section 2004.
(2) The Urban Area Security Initiative under section 2003 of
the Homeland Security Act of 2002 (6 U.S.C. 604).
(3) The Metropolitan Medical Response System under section 635
of the Post-Katrina Emergency Management Reform Act of 2006 (6
U.S.C. 723).
(4) The Citizen Corps Program.
(5) Public Transportation Security Assistance and Railroad
Security Assistance, under sections 1406 and 1513 of the
Implementing Recommendations of the 9/11 Commission Act of 2007 (6
U.S.C. 1135 and 1163), including Amtrak security: Provided, That
such public transportation security assistance shall be provided
directly to public transportation agencies.
(6) Over-the-Road Bus Security Assistance under section 1532 of
the Implementing Recommendations of the 9/11 Commission Act of 2007
(6 U.S.C. 1182).
(7) Port Security Grants in accordance with 46 U.S.C. 70107.
(8) The Driver's License Security Grants Program in accordance
with section 204 of the REAL ID Act of 2005 (49 U.S.C. 30301 note).
(9) The Interoperable Emergency Communications Grant Program
under section 1809 of the Homeland Security Act of 2002 (6 U.S.C.
579).
(10) Emergency Operations Centers under section 614 of the
Robert T. Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5196c).
(11) Buffer Zone Protection Program Grants.
(12) Organizations (as described under section 501(c)(3) of the
Internal Revenue Code of 1986 and exempt from tax section 501(a) of
such code) determined by the Secretary to be at high risk of a
terrorist attack:
Provided, That of the amount provided under this heading, $50,000,000
shall be for Operation Stonegarden and no less than $100,000,000 shall
be for areas at the highest threat of a terrorist attack: Provided
further, That $231,681,000 shall be for training, exercises, technical
assistance, and other programs, of which $155,500,000 shall be for
training of State, local, and tribal emergency response providers:
Provided further, That for grants under paragraphs (1) through (12),
applications for grants shall be made available to eligible applicants
not later than 60 days after the date of enactment of this Act, that
eligible applicants shall submit applications not later than 80 days
after the grant announcement, and the Administrator of the Federal
Emergency Management Agency shall act within 65 days after the receipt
of an application: Provided further, That notwithstanding section
2008(a)(11) of the Homeland Security Act of 2002 (6 U.S.C. 609(a)(11)),
or any other provision of law, a grantee may use not more than 5
percent of the amount of a grant made available under this heading for
expenses directly related to administration of the grant: Provided
further, That 6.8 percent of the amounts provided under this heading
shall be transferred to the Federal Emergency Management Agency
``Salaries and Expenses'' account for program administration: Provided
further, That for grants under paragraphs (1) and (2), the installation
of communication towers is not considered construction of a building or
other physical facility: Provided further, That grantees shall provide
reports on their use of funds, as determined necessary by the Secretary
of Homeland Security: Provided further, That in fiscal year 2012: (a)
the Center for Domestic Preparedness may provide training to emergency
response providers from the Federal Government, foreign governments, or
private entities, if the Center for Domestic Preparedness is reimbursed
for the cost of such training, and any reimbursement under this
subsection shall be credited to the account from which the expenditure
being reimbursed was made and shall be available, without fiscal year
limitation, for the purposes for which amounts in the account may be
expended; (b) the head of the Center for Domestic Preparedness shall
ensure that any training provided under (a) does not interfere with the
primary mission of the Center to train state and local emergency
response providers; and (c) subject to (b), nothing in (a) prohibits
the Center for Domestic Preparedness from providing training to
employees of the Federal Emergency Management Agency in existing
chemical, biological, radiological, nuclear, explosives, mass casualty,
and medical surge courses pursuant to 5 U.S.C. 4103 without
reimbursement for the cost of such training.
firefighter assistance grants
For necessary expenses for programs authorized by the Federal Fire
Prevention and Control Act of 1974 (15 U.S.C. 2201 et seq.),
$675,000,000, to remain available until September 30, 2013, of which
$337,500,000 shall be available to carry out section 33 of that Act (15
U.S.C. 2229) and $337,500,000 shall be available to carry out section
34 of that Act (15 U.S.C. 2229a): Provided, That not to exceed 5
percent of the amount available under this heading shall be available
for program administration.
emergency management performance grants
For necessary expenses for emergency management performance grants,
as authorized by the National Flood Insurance Act of 1968 (42 U.S.C.
4001 et seq.), the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5121 et seq.), the Earthquake Hazards
Reduction Act of 1977 (42 U.S.C. 7701 et seq.), and Reorganization Plan
No. 3 of 1978 (5 U.S.C. App.), $350,000,000: Provided, That total
administrative costs shall not exceed 3 percent of the total amount
appropriated under this heading.
radiological emergency preparedness program
The aggregate charges assessed during fiscal year 2012, as
authorized in title III of the Departments of Veterans Affairs and
Housing and Urban Development, and Independent Agencies Appropriations
Act, 1999 (42 U.S.C. 5196e), shall not be less than 100 percent of the
amounts anticipated by the Department of Homeland Security necessary
for its radiological emergency preparedness program for the next fiscal
year: Provided, That the methodology for assessment and collection of
fees shall be fair and equitable and shall reflect costs of providing
such services, including administrative costs of collecting such fees:
Provided further, That fees received under this heading shall be
deposited in this account as offsetting collections and will become
available for authorized purposes on October 1, 2012, and remain
available until expended.
united states fire administration
For necessary expenses of the United States Fire Administration and
for other purposes, as authorized by the Federal Fire Prevention and
Control Act of 1974 (15 U.S.C. 2201 et seq.) and the Homeland Security
Act of 2002 (6 U.S.C. 101 et seq.), $44,038,000.
disaster relief fund
(including transfer of funds)
For necessary expenses in carrying out the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.),
$700,000,000, to remain available until expended, of which $24,000,000
shall be transferred to the Department of Homeland Security Office of
Inspector General for audits and investigations related to disasters:
Provided, That the Administrator of the Federal Emergency Management
Agency shall submit an expenditure plan to the Committees on
Appropriations of the Senate and the House of Representatives detailing
the use of the funds made available in this or any other Act for
disaster readiness and support not later than 60 days after the date of
enactment of this Act: Provided further, That the Administrator of the
Federal Emergency Management Agency shall submit to such Committees a
quarterly report detailing obligations against the expenditure plan and
a justification for any changes from the initial plan: Provided
further, That the matter under this heading in title III of division E
of Public Law 110-161 is amended by striking the fourth proviso:
Provided further, That the Administrator of the Federal Emergency
Management Agency shall submit to the Committees on Appropriations of
the Senate and the House of Representatives the following reports,
including a specific description of the methodology and the source data
used in developing such reports:
(1) an estimate of the following amounts shall be submitted for
the budget year at the time that the President's budget is
submitted each year under section 1105(a) of title 31, United
States Code:
(A) the unobligated balance of funds to be carried over
from the prior fiscal year to the budget year;
(B) the unobligated balance of funds to be carried over
from the budget year to the budget year plus 1;
(C) the amount of obligations for non-catastrophic events
for the budget year;
(D) the amount of obligations for the budget year for
catastrophic events delineated by event and by State;
(E) the total amount that has been previously obligated or
will be required for catastrophic events delineated by event
and by State for all prior years, the current year, the budget
year, the budget year plus 1, the budget year plus 2, and the
budget year plus 3 and beyond;
(F) the amount of previously obligated funds that will be
recovered for the budget year;
(G) the amount that will be required for obligations for
emergencies, as described in section 102(1) of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5122(1)), major disasters, as described in section
102(2) of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5122(2)), fire management assistance
grants, as described in section 420 of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5187),
surge activities, and disaster readiness and support
activities;
(H) the amount required for activities not covered under
section 251(b)(2)(D)(iii) of the Balanced Budget and Emergency
Deficit Control Act of 1985 (2 U.S.C. 901(b)(2)(D)(iii); Public
Law 99-177);
(2) an estimate or actual amounts, if available, of the
following for the current fiscal year shall be submitted not later
than the fifth day of each month beginning with the first full
month after the date of enactment of this Act:
(A) a summary of the amount of appropriations made
available by source, the transfers executed, the previously
allocated funds recovered, and the commitments, allocations,
and obligations made;
(B) a table of disaster relief activity delineated by
month, including--
(i) the beginning and ending balances;
(ii) the total obligations to include amounts obligated
for fire assistance, emergencies, surge, and disaster
support activities;
(iii) the obligations for catastrophic events
delineated by event and by State; and
(iv) the amount of previously obligated funds that are
recovered;
(C) a summary of allocations, obligations, and expenditures
for catastrophic events delineated by event; and
(D) the date on which funds appropriated will be exhausted.
disaster assistance direct loan program account
For activities under section 319 of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5162), $295,000 is for
the cost of direct loans: Provided, That gross obligations for the
principal amount of direct loans shall not exceed $25,000,000:
Provided further, That the cost of modifying such loans shall be as
defined in section 502 of the Congressional Budget Act of 1974 (2
U.S.C. 661a).
flood hazard mapping and risk analysis program
For necessary expenses, including administrative costs, under
section 1360 of the National Flood Insurance Act of 1968 (42 U.S.C.
4101), $97,712,000, and such additional sums as may be provided by
State and local governments or other political subdivisions for cost-
shared mapping activities under section 1360(f)(2) of such Act (42
U.S.C. 4101(f)(2)), to remain available until expended.
national flood insurance fund
For activities under the National Flood Insurance Act of 1968 (42
U.S.C. 4001 et seq.) and the Flood Disaster Protection Act of 1973 (42
U.S.C. 4001 et seq.), $171,000,000, which shall be derived from
offsetting collections assessed and collected under section 1308(d) of
the National Flood Insurance Act of 1968 (42 U.S.C. 4015(d)); of which
not to exceed $22,000,000 shall be available for salaries and expenses
associated with flood mitigation and flood insurance operations; and
not less than $149,000,000 shall be available for flood plain
management and flood mapping, which shall remain available until
September 30, 2013: Provided, That any additional fees collected
pursuant to section 1308(d) of the National Flood Insurance Act of 1968
(42 U.S.C. 4015(d)) shall be credited as an offsetting collection to
this account, to be available for flood plain management and flood
mapping: Provided further, That in fiscal year 2012, no funds shall be
available from the National Flood Insurance Fund under section 1310 of
that Act (42 U.S.C. 4017) in excess of:
(1) $132,000,000 for operating expenses;
(2) $1,007,571,000 for commissions and taxes of agents;
(3) such sums as are necessary for interest on Treasury
borrowings; and
(4) $60,000,000, which shall remain available until expended
for flood mitigation actions; of which not less than $10,000,000 is
for severe repetitive loss properties under section 1361A of the
National Flood Insurance Act of 1968 (42 U.S.C. 4102a); of which
$10,000,000 shall be for repetitive insurance claims properties
under section 1323 of the National Flood Insurance Act of 1968 (42
U.S.C. 4030); and of which $40,000,000 shall be for flood
mitigation assistance under section 1366 of the National Flood
Insurance Act of 1968 (42 U.S.C. 4104c), notwithstanding
subparagraphs (B) and (C) of subsection (b)(3) and subsection (f)
of section 1366 of the National Flood Insurance Act of 1968 (42
U.S.C. 4104c) and notwithstanding subsection (a)(7) of section 1310
of the National Flood Insurance Act of 1968 (42 U.S.C. 4017):
Provided further, That the amounts collected under section 102 of the
Flood Disaster Protection Act of 1973 (42 U.S.C. 4012a) and section
1366(i) of the National Flood Insurance Act of 1968 shall be deposited
in the National Flood Insurance Fund to supplement other amounts
specified as available for section 1366 of the National Insurance Act
of 1968, notwithstanding subsection (f)(8) of such section 102 (42
U.S.C. 4012a(f)(8) and subsection 1366(i) and paragraphs (2) and (3) of
section 1367(b) of the National Flood Insurance Act of 1968 (42 U.S.C.
4104c(i), 4104d(b)(2)-(3)): Provided further, That total
administrative costs shall not exceed 4 percent of the total
appropriation.
national predisaster mitigation fund
For the predisaster mitigation grant program under section 203 of
the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5133), $35,500,000, to remain available until expended:
Provided, That the total administrative costs associated with such
grants shall not exceed $3,000,000 of the total amount made available
under this heading.
emergency food and shelter
To carry out the emergency food and shelter program pursuant to
title III of the McKinney-Vento Homeless Assistance Act (42 U.S.C.
11331 et seq.), $120,000,000, to remain available until expended:
Provided, That total administrative costs shall not exceed 3.5 percent
of the total amount made available under this heading.
TITLE IV
RESEARCH AND DEVELOPMENT, TRAINING, AND SERVICES
United States Citizenship and Immigration Services
For necessary expenses for citizenship and immigration services,
$102,424,000 for the E-Verify Program, as described in section 403(a)
of the Illegal Immigration Reform and Immigrant Responsibility Act of
1996 (8 U.S.C. 1324a note), to assist United States employers with
maintaining a legal workforce: Provided, That notwithstanding any
other provision of law, funds otherwise made available to United States
Citizenship and Immigration Services may be used to acquire, operate,
equip, and dispose of up to 5 vehicles, for replacement only, for areas
where the Administrator of General Services does not provide vehicles
for lease: Provided further, That the Director of United States
Citizenship and Immigration Services may authorize employees who are
assigned to those areas to use such vehicles to travel between the
employees' residences and places of employment.
Federal Law Enforcement Training Center
salaries and expenses
For necessary expenses of the Federal Law Enforcement Training
Center, including materials and support costs of Federal law
enforcement basic training; the purchase of not to exceed 117 vehicles
for police-type use and hire of passenger motor vehicles; expenses for
student athletic and related activities; the conduct of and
participation in firearms matches and presentation of awards; public
awareness and enhancement of community support of law enforcement
training; room and board for student interns; a flat monthly
reimbursement to employees authorized to use personal mobile phones for
official duties; and services as authorized by section 3109 of title 5,
United States Code; $238,957,000; of which up to $48,978,000 shall
remain available until September 30, 2013, for materials and support
costs of Federal law enforcement basic training; of which $300,000
shall remain available until expended to be distributed to Federal law
enforcement agencies for expenses incurred participating in training
accreditation; and of which not to exceed $10,200 shall be for official
reception and representation expenses: Provided, That the Center is
authorized to obligate funds in anticipation of reimbursements from
agencies receiving training sponsored by the Center, except that total
obligations at the end of the fiscal year shall not exceed total
budgetary resources available at the end of the fiscal year: Provided
further, That section 1202(a) of Public Law 107-206 (42 U.S.C. 3771
note), as amended by Public Law 111-83 (123 Stat. 2166), is further
amended by striking ``December 31, 2012'' and inserting ``December 31,
2014'': Provided further, That the Director of the Federal Law
Enforcement Training Center shall schedule basic or advanced law
enforcement training, or both, at all four training facilities under
the control of the Federal Law Enforcement Training Center to ensure
that such training facilities are operated at the highest capacity
throughout the fiscal year: Provided further, That the Federal Law
Enforcement Training Accreditation Board, including representatives
from the Federal law enforcement community and non-Federal
accreditation experts involved in law enforcement training, shall lead
the Federal law enforcement training accreditation process to continue
the implementation of measuring and assessing the quality and
effectiveness of Federal law enforcement training programs, facilities,
and instructors.
acquisitions, construction, improvements, and related expenses
For acquisition of necessary additional real property and
facilities, construction, and ongoing maintenance, facility
improvements, and related expenses of the Federal Law Enforcement
Training Center, $32,456,000, to remain available until September 30,
2016: Provided, That the Center is authorized to accept reimbursement
to this appropriation from government agencies requesting the
construction of special use facilities.
Science and Technology
management and administration
For salaries and expenses of the Office of the Under Secretary for
Science and Technology and for management and administration of
programs and activities, as authorized by title III of the Homeland
Security Act of 2002 (6 U.S.C. 181 et seq.), $135,000,000: Provided,
That not to exceed $8,500 shall be for official reception and
representation expenses.
research, development, acquisition, and operations
For necessary expenses for science and technology research,
including advanced research projects, development, test and evaluation,
acquisition, and operations as authorized by title III of the Homeland
Security Act of 2002 (6 U.S.C. 181 et seq.), and the purchase or lease
of not to exceed 5 vehicles, $533,000,000, of which $356,500,000, to
remain available until September 30, 2014; and of which $176,500,000,
to remain available until September 30, 2016, solely for operation and
construction of laboratory facilities.
Domestic Nuclear Detection Office
management and administration
For salaries and expenses of the Domestic Nuclear Detection Office,
as authorized by title XIX of the Homeland Security Act of 2002 (6
U.S.C. 591 et seq.), for management and administration of programs and
activities, $38,000,000: Provided, That not to exceed $2,500 shall be
for official reception and representation expenses: Provided further,
That not later than 180 days after the date of enactment of this Act,
the Secretary of Homeland Security shall submit to the Committees on
Appropriations of the Senate and the House of Representatives a
strategic plan of investments necessary to implement the Department of
Homeland Security's responsibilities under the domestic component of
the global nuclear detection architecture that shall:
(1) define each Departmental entity's roles and
responsibilities in support of the domestic detection architecture,
including any existing or planned programs to pre-screen cargo or
conveyances overseas;
(2) identify and describe the specific investments being made
by Departmental organizations in fiscal year 2012, and planned for
fiscal year 2013, to support the domestic architecture and the
security of sea, land, and air pathways into the United States;
(3) describe the investments necessary to close known
vulnerabilities and gaps, including associated costs and
timeframes, and estimates of feasibility and cost effectiveness;
and
(4) explain how the Department's research and development
funding is furthering the implementation of the domestic nuclear
detection architecture, including specific investments planned for
each of fiscal years 2012 and 2013.
research, development, and operations
For necessary expenses for radiological and nuclear research,
development, testing, evaluation, and operations, $215,000,000, to
remain available until September 30, 2014.
systems acquisition
For expenses for the Domestic Nuclear Detection Office acquisition
and deployment of radiological detection systems in accordance with the
global nuclear detection architecture, $37,000,000, to remain available
until September 30, 2014.
TITLE V
GENERAL PROVISIONS
Sec. 501. No part of any appropriation contained in this Act shall
remain available for obligation beyond the current fiscal year unless
expressly so provided herein.
Sec. 502. Subject to the requirements of section 503 of this Act,
the unexpended balances of prior appropriations provided for activities
in this Act may be transferred to appropriation accounts for such
activities established pursuant to this Act, may be merged with funds
in the applicable established accounts, and thereafter may be accounted
for as one fund for the same time period as originally enacted.
Sec. 503. (a) None of the funds provided by this Act, provided by
previous appropriations Acts to the agencies in or transferred to the
Department of Homeland Security that remain available for obligation or
expenditure in fiscal year 2012, or provided from any accounts in the
Treasury of the United States derived by the collection of fees
available to the agencies funded by this Act, shall be available for
obligation or expenditure through a reprogramming of funds that:
(1) creates a new program, project, or activity;
(2) eliminates a program, project, office, or activity;
(3) increases funds for any program, project, or activity for
which funds have been denied or restricted by the Congress;
(4) proposes to use funds directed for a specific activity by
either of the Committees on Appropriations of the Senate or the
House of Representatives for a different purpose; or
(5) contracts out any function or activity for which funding
levels were requested for Federal full-time equivalents in the
object classification tables contained in the fiscal year 2012
Budget Appendix for the Department of Homeland Security, as
modified by the joint explanatory statement accompanying this Act,
unless the Committees on Appropriations of the Senate and the House
of Representatives are notified 15 days in advance of such
reprogramming of funds.
(b) None of the funds provided by this Act, provided by previous
appropriations Acts to the agencies in or transferred to the Department
of Homeland Security that remain available for obligation or
expenditure in fiscal year 2012, or provided from any accounts in the
Treasury of the United States derived by the collection of fees or
proceeds available to the agencies funded by this Act, shall be
available for obligation or expenditure for programs, projects, or
activities through a reprogramming of funds in excess of $5,000,000 or
10 percent, whichever is less, that:
(1) augments existing programs, projects, or activities;
(2) reduces by 10 percent funding for any existing program,
project, or activity, or reduces the numbers of personnel by 10
percent as approved by the Congress; or
(3) results from any general savings from a reduction in
personnel that would result in a change in existing programs,
projects, or activities as approved by the Congress, unless the
Committees on Appropriations of the Senate and the House of
Representatives are notified 15 days in advance of such
reprogramming of funds.
(c) Not to exceed 5 percent of any appropriation made available for
the current fiscal year for the Department of Homeland Security by this
Act or provided by previous appropriations Acts may be transferred
between such appropriations, but no such appropriation, except as
otherwise specifically provided, shall be increased by more than 10
percent by such transfers: Provided, That any transfer under this
section shall be treated as a reprogramming of funds under subsection
(b) and shall not be available for obligation unless the Committees on
Appropriations of the Senate and the House of Representatives are
notified 15 days in advance of such transfer.
(d) Notwithstanding subsections (a), (b), and (c) of this section,
no funds shall be reprogrammed within or transferred between
appropriations after June 30, except in extraordinary circumstances
that imminently threaten the safety of human life or the protection of
property.
(e) The notification thresholds and procedures set forth in this
section shall apply to any use of deobligated balances of funds
provided in previous Department of Homeland Security Appropriations
Acts.
Sec. 504. The Department of Homeland Security Working Capital
Fund, established pursuant to section 403 of Public Law 103-356 (31
U.S.C. 501 note), shall continue operations as a permanent working
capital fund for fiscal year 2012: Provided, That none of the funds
appropriated or otherwise made available to the Department of Homeland
Security may be used to make payments to the Working Capital Fund,
except for the activities and amounts allowed in the President's fiscal
year 2012 budget: Provided further, That funds provided to the Working
Capital Fund shall be available for obligation until expended to carry
out the purposes of the Working Capital Fund: Provided further, That
all departmental components shall be charged only for direct usage of
each Working Capital Fund service: Provided further, That funds
provided to the Working Capital Fund shall be used only for purposes
consistent with the contributing component: Provided further, That the
Working Capital Fund shall be paid in advance or reimbursed at rates
which will return the full cost of each service: Provided further,
That the Working Capital Fund shall be subject to the requirements of
section 503 of this Act.
Sec. 505. Except as otherwise specifically provided by law, not to
exceed 50 percent of unobligated balances remaining available at the
end of fiscal year 2012 from appropriations for salaries and expenses
for fiscal year 2012 in this Act shall remain available through
September 30, 2013, in the account and for the purposes for which the
appropriations were provided: Provided, That prior to the obligation
of such funds, a request shall be submitted to the Committees on
Appropriations of the Senate and the House of Representatives for
approval in accordance with section 503 of this Act.
Sec. 506. Funds made available by this Act for intelligence
activities are deemed to be specifically authorized by the Congress for
purposes of section 504 of the National Security Act of 1947 (50 U.S.C.
414) during fiscal year 2012 until the enactment of an Act authorizing
intelligence activities for fiscal year 2012.
Sec. 507. (a) Except as provided in subsections (b) and (c), none
of the funds made available by this Act may be used to--
(1) make or award a grant allocation, grant, contract, other
transaction agreement, task or delivery order on a Department of
Homeland Security multiple award contract, or to issue a letter of
intent totaling in excess of $1,000,000;
(2) award a task or delivery order requiring an obligation of
funds in an amount greater than $10,000,000 from multi-year
Department of Homeland Security funds or a task or delivery order
that would cause cumulative obligations of multi-year funds in a
single account to exceed 50 percent of the total amount
appropriated; or
(3) announce publicly the intention to make or award items
under paragraph (1) or (2), including a contract covered by the
Federal Acquisition Regulation.
(b) The Secretary of Homeland Security may waive the prohibition
under subsection (a) if the Secretary notifies the Committees on
Appropriations of the Senate and the House of Representatives at least
3 full business days in advance of making an award or issuing a letter
as described in that subsection.
(c) If the Secretary of Homeland Security determines that
compliance with this section would pose a substantial risk to human
life, health, or safety, an award may be made without notification, and
the Secretary shall notify the Committees on Appropriations of the
Senate and the House of Representatives not later than 5 full business
days after such an award is made or letter issued.
(d) A notification under this section--
(1) may not involve funds that are not available for
obligation; and
(2) shall include the amount of the award, the fiscal year for
which the funds for the award were appropriated, and the account
from which the funds are being drawn.
(e) The Administrator of the Federal Emergency Management Agency
shall brief the Committees on Appropriations of the Senate and the
House of Representatives 5 full business days in advance of announcing
publicly the intention of making an award under ``State and Local
Programs''.
Sec. 508. Notwithstanding any other provision of law, no agency
shall purchase, construct, or lease any additional facilities, except
within or contiguous to existing locations, to be used for the purpose
of conducting Federal law enforcement training without the advance
approval of the Committees on Appropriations of the Senate and the
House of Representatives, except that the Federal Law Enforcement
Training Center is authorized to obtain the temporary use of additional
facilities by lease, contract, or other agreement for training that
cannot be accommodated in existing Center facilities.
Sec. 509. None of the funds appropriated or otherwise made
available by this Act may be used for expenses for any construction,
repair, alteration, or acquisition project for which a prospectus
otherwise required under chapter 33 of title 40, United States Code,
has not been approved, except that necessary funds may be expended for
each project for required expenses for the development of a proposed
prospectus.
Sec. 510. Sections 520, 522, and 530, of the Department of
Homeland Security Appropriations Act, 2008 (division E of Public Law
110-161; 121 Stat. 2073 and 2074) shall apply with respect to funds
made available in this Act in the same manner as such sections applied
to funds made available in that Act.
Sec. 511. None of the funds made available in this Act may be used
in contravention of the applicable provisions of the Buy American Act
(41 U.S.C. 10a et seq.).
Sec. 512. None of the funds made available in this Act may be used
by any person other than the Privacy Officer appointed under subsection
(a) of section 222 of the Homeland Security Act of 2002 (6 U.S.C.
142(a)) to alter, direct that changes be made to, delay, or prohibit
the transmission to Congress of any report prepared under paragraph (6)
of such subsection.
Sec. 513. None of the funds made available in this Act may be used
to amend the oath of allegiance required by section 337 of the
Immigration and Nationality Act (8 U.S.C. 1448).
Sec. 514. Within 45 days after the end of each month, the Chief
Financial Officer of the Department of Homeland Security shall submit
to the Committees on Appropriations of the Senate and the House of
Representatives a monthly budget and staffing report for that month
that includes total obligations, on-board versus funded full-time
equivalent staffing levels, and the number of contract employees for
each office of the Department.
Sec. 515. None of the funds appropriated by this Act may be used
to process or approve a competition under Office of Management and
Budget Circular A-76 for services provided as of June 1, 2004, by
employees (including employees serving on a temporary or term basis) of
United States Citizenship and Immigration Services of the Department of
Homeland Security who are known as of that date as Immigration
Information Officers, Contact Representatives, or Investigative
Assistants.
Sec. 516. Except as provided in section 44945 of title 49, United
States Code, funds appropriated or transferred to Transportation
Security Administration ``Aviation Security'', ``Administration'', and
``Transportation Security Support'' for fiscal years 2004 and 2005 that
are recovered or deobligated shall be available only for the
procurement or installation of explosives detection systems, air cargo,
baggage, and checkpoint screening systems, subject to notification:
Provided, That quarterly reports shall be submitted to the Committees
on Appropriations of the Senate and the House of Representatives on any
funds that are recovered or deobligated.
Sec. 517. Any funds appropriated to Coast Guard ``Acquisition,
Construction, and Improvements'' for fiscal years 2002, 2003, 2004,
2005, and 2006 for the 110-123 foot patrol boat conversion that are
recovered, collected, or otherwise received as the result of
negotiation, mediation, or litigation, shall be available until
expended for the Fast Response Cutter program.
Sec. 518. Section 532(a) of Public Law 109-295 (120 Stat. 1384) is
amended by striking ``2011'' and inserting ``2012''.
Sec. 519. The functions of the Federal Law Enforcement Training
Center instructor staff shall be classified as inherently governmental
for the purpose of the Federal Activities Inventory Reform Act of 1998
(31 U.S.C. 501 note).
Sec. 520. (a) Except as provided in subsection (b), none of the
funds appropriated in this or any other Act to the ``Office of the
Secretary and Executive Management'', the ``Office of the Under
Secretary for Management'', or the ``Office of the Chief Financial
Officer'', may be obligated for a grant or contract funded under such
headings by any means other than full and open competition.
(b) Subsection (a) does not apply to obligation of funds for a
contract awarded--
(1) by a means that is required by a Federal statute, including
obligation for a purchase made under a mandated preferential
program, including the AbilityOne Program, that is authorized under
the Javits-Wagner-O'Day Act (41 U.S.C. 46 et seq.);
(2) pursuant to the Small Business Act (15 U.S.C. 631 et seq.);
(3) in an amount less than the simplified acquisition threshold
described under section 302A(a) of the Federal Property and
Administrative Services Act of 1949 (41 U.S.C. 252a(a)); or
(4) by another Federal agency using funds provided through an
interagency agreement.
(c)(1) Subject to paragraph (2), the Secretary of Homeland Security
may waive the application of this section for the award of a contract
in the interest of national security or if failure to do so would pose
a substantial risk to human health or welfare.
(2) Not later than 5 days after the date on which the Secretary of
Homeland Security issues a waiver under this subsection, the Secretary
shall submit notification of that waiver to the Committees on
Appropriations of the Senate and the House of Representatives,
including a description of the applicable contract to which the waiver
applies and an explanation of why the waiver authority was used:
Provided, That the Secretary may not delegate the authority to grant
such a waiver.
(d) In addition to the requirements established by subsections (a),
(b), and (c) of this section, the Inspector General of the Department
of Homeland Security shall review departmental contracts awarded
through means other than a full and open competition to assess
departmental compliance with applicable laws and regulations:
Provided, That the Inspector General shall review selected contracts
awarded in the previous fiscal year through means other than a full and
open competition: Provided further, That in selecting which contracts
to review, the Inspector General shall consider the cost and complexity
of the goods and services to be provided under the contract, the
criticality of the contract to fulfilling Department missions, past
performance problems on similar contracts or by the selected vendor,
complaints received about the award process or contractor performance,
and such other factors as the Inspector General deems relevant:
Provided further, That the Inspector General shall report the results
of the reviews to the Committees on Appropriations of the Senate and
the House of Representatives no later than February 6, 2012.
Sec. 521. None of the funds provided by this or previous
appropriations Acts shall be used to fund any position designated as a
Principal Federal Official (or the successor thereto) for any Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121
et seq.) declared disasters or emergencies unless--
(1) The responsibilities of the Principal Federal Official do
not include operational functions related to incident management,
including coordination of operations, and are consistent with the
requirements of subsection 509(c) and subsections 503(c)(3) and
(c)(4)(A) of the Homeland Security Act of 2002 (6 U.S.C. 319(c) and
313(c)(3) and (c)(4)(A)) and section 302 of the Robert T. Stafford
Disaster Relief and Assistance Act (42 U.S.C. 5143);
(2) Not later than 10 business days after the latter of the
date on which the Secretary of Homeland Security appoints the
Principal Federal Official and the date on which the President
issues a declaration under section 401 or section 501 of the Robert
T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C.
5170 and 5191, respectively), the Secretary of Homeland Security
shall submit a notification of the appointment of the Principal
Federal Official and a description of the responsibilities of such
Official and how such responsibilities are consistent with
paragraph (1) to the Committees on Appropriations of the Senate and
the House of Representatives, the Transportation and Infrastructure
Committee of the House of Representatives, and the Homeland
Security and Governmental Affairs Committee of the Senate; and
(3) Not later than 60 days after the date of enactment of this
Act, the Secretary shall provide a report specifying timeframes and
milestones regarding the update of operations, planning and policy
documents, and training and exercise protocols, to ensure
consistency with paragraph (1) of this section.
Sec. 522. None of the funds made available in this or any other
Act for fiscal years 2012 and thereafter may be used to enforce section
4025(1) of Public Law 108-458 unless the Administrator of the
Transportation Security Administration reverses the determination of
July 19, 2007, that butane lighters are not a significant threat to
civil aviation security.
Sec. 523. None of the funds provided or otherwise made available
in this Act shall be available to carry out section 872 of the Homeland
Security Act of 2002 (6 U.S.C. 452).
Sec. 524. Funds made available in this Act may be used to alter
operations within the Civil Engineering Program of the Coast Guard
nationwide, including civil engineering units, facilities design and
construction centers, maintenance and logistics commands, and the Coast
Guard Academy, except that none of the funds provided in this Act may
be used to reduce operations within any Civil Engineering Unit unless
specifically authorized by a statute enacted after the date of
enactment of this Act.
Sec. 525. None of the funds made available in this Act may be used
by United States Citizenship and Immigration Services to grant an
immigration benefit unless the results of background checks required by
law to be completed prior to the granting of the benefit have been
received by United States Citizenship and Immigration Services, and the
results do not preclude the granting of the benefit.
Sec. 526. None of the funds made available in this or any other
Act for fiscal year 2012 and thereafter may be used to destroy or put
out to pasture any horse or other equine belonging to any component or
agency of the Department of Homeland Security that has become unfit for
service, unless the trainer or handler is first given the option to
take possession of the equine through an adoption program that has
safeguards against slaughter and inhumane treatment.
Sec. 527. Section 831 of the Homeland Security Act of 2002 (6
U.S.C. 391) is amended--
(1) in subsection (a), by striking ``Until September 30,
2011,'' and inserting ``Until September 30, 2012,'';
(2) by striking subsection (b);
(3) by redesignating subsections (c), (d), and (e) as
subsections (b), (c), and (d), respectively; and
(4) in subsection (c)(1) (as redesignated by paragraph (3) of
this section), by striking ``September 30, 2011,'' and inserting
``September 30, 2012,''.
Sec. 528. The Secretary of Homeland Security shall require that
all contracts of the Department of Homeland Security that provide award
fees link such fees to successful acquisition outcomes (which outcomes
shall be specified in terms of cost, schedule, and performance).
Sec. 529. Notwithstanding any other provision of law, none of the
funds provided in this or any other Act shall be used to approve a
waiver of the navigation and vessel-inspection laws pursuant to 46
U.S.C. 501(b) for the transportation of crude oil distributed from the
Strategic Petroleum Reserve until the Secretary of Homeland Security,
after consultation with the Secretaries of the Departments of Energy
and Transportation and representatives from the United States flag
maritime industry, takes adequate measures to ensure the use of United
States flag vessels: Provided, That the Secretary shall notify the
Committees on Appropriations of the Senate and the House of
Representatives, the Committee on Commerce, Science, and Transportation
of the Senate, and the Committee on Transportation and Infrastructure
of the House of Representatives within 48 hours of any request for
waivers of navigation and vessel-inspection laws pursuant to 46 U.S.C.
501(b).
Sec. 530. None of the funds made available to the Office of the
Secretary and Executive Management under this Act may be expended for
any new hires by the Department of Homeland Security that are not
verified through the E-Verify Program as described in section 403(a) of
the Illegal Immigration Reform and Immigrant Responsibility Act of 1996
(8 U.S.C. 1324a note).
Sec. 531. None of the funds in this Act shall be used to reduce
the United States Coast Guard's Operations Systems Center mission or
its government-employed or contract staff levels.
Sec. 532. None of the funds made available in this Act for U.S.
Customs and Border Protection may be used to prevent an individual not
in the business of importing a prescription drug (within the meaning of
section 801(g) of the Federal Food, Drug, and Cosmetic Act) from
importing a prescription drug from Canada that complies with the
Federal Food, Drug, and Cosmetic Act: Provided, That this section
shall apply only to individuals transporting on their person a
personal-use quantity of the prescription drug, not to exceed a 90-day
supply: Provided further, That the prescription drug may not be--
(1) a controlled substance, as defined in section 102 of the
Controlled Substances Act (21 U.S.C. 802); or
(2) a biological product, as defined in section 351 of the
Public Health Service Act (42 U.S.C. 262).
Sec. 533. None of the funds appropriated by this Act may be used
to conduct, or to implement the results of, a competition under Office
of Management and Budget Circular A-76 for activities performed with
respect to the Coast Guard National Vessel Documentation Center.
Sec. 534. The Secretary of Homeland Security, in consultation with
the Secretary of the Treasury, shall notify the Committees on
Appropriations of the Senate and the House of Representatives of any
proposed transfers of funds available under section 9703.1 (g)(4)(B) of
title 31, United States Code (as added by Public Law 102-393) from the
Department of the Treasury Forfeiture Fund to any agency within the
Department of Homeland Security: Provided, That none of the funds
identified for such a transfer may be obligated until the Committees on
Appropriations of the Senate and the House of Representatives approve
the proposed transfers.
Sec. 535. None of the funds made available in this Act may be used
for planning, testing, piloting, or developing a national
identification card.
Sec. 536. If the Administrator of the Transportation Security
Administration determines that an airport does not need to participate
in the E-Verify Program as described in section 403(a) of the Illegal
Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C.
1324a note), the Administrator shall certify to the Committees on
Appropriations of the Senate and the House of Representatives that no
security risks will result from such non-participation.
Sec. 537. (a) Notwithstanding any other provision of this Act,
except as provided in subsection (b), and 30 days after the date on
which the President determines whether to declare a major disaster
because of an event and any appeal is completed, the Administrator
shall publish on the Web site of the Federal Emergency Management
Agency a report regarding that decision that shall summarize damage
assessment information used to determine whether to declare a major
disaster.
(b) The Administrator may redact from a report under subsection (a)
any data that the Administrator determines would compromise national
security.
(c) In this section--
(1) the term ``Administrator'' means the Administrator of the
Federal Emergency Management Agency; and
(2) the term ``major disaster'' has the meaning given that term
in section 102 of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5122).
Sec. 538. (a) Notwithstanding any other provision of law during
fiscal year 2012 or any subsequent fiscal year, if the Secretary of
Homeland Security determines that the National Bio- and Agro-defense
Facility should be located at a site other than Plum Island, New York,
the Secretary shall ensure that the Administrator of General Services
sells through public sale all real and related personal property and
transportation assets which support Plum Island operations, subject to
such terms and conditions as may be necessary to protect Government
interests and meet program requirements.
(b) The proceeds of such sale described in subsection (a) shall be
deposited as offsetting collections into the Department of Homeland
Security Science and Technology ``Research, Development, Acquisition,
and Operations'' account and, subject to appropriation, shall be
available until expended, for site acquisition, construction, and costs
related to the construction of the National Bio- and Agro-defense
Facility, including the costs associated with the sale, including due
diligence requirements, necessary environmental remediation at Plum
Island, and reimbursement of expenses incurred by the General Services
Administration.
Sec. 539. Any official that is required by this Act to report or
to certify to the Committees on Appropriations of the Senate and the
House of Representatives may not delegate such authority to perform
that act unless specifically authorized herein.
Sec. 540. Section 550(b) of the Department of Homeland Security
Appropriations Act, 2007 (Public Law 109-295; 6 U.S.C. 121 note), as
amended by section 550 of the Department of Homeland Security
Appropriations Act, 2010 (Public Law 111-83), is further amended by
striking ``on October 4, 2011'' and inserting ``on October 4, 2012''.
Sec. 541. None of the funds appropriated or otherwise made
available in this or any other Act may be used to transfer, release, or
assist in the transfer or release to or within the United States, its
territories, or possessions Khalid Sheikh Mohammed or any other
detainee who--
(1) is not a United States citizen or a member of the Armed
Forces of the United States; and
(2) is or was held on or after June 24, 2009, at the United
States Naval Station, Guantanamo Bay, Cuba, by the Department of
Defense.
Sec. 542. None of the funds made available in this Act may be used
for first-class travel by the employees of agencies funded by this Act
in contravention of sections 301-10.122 through 301.10-124 of title 41,
Code of Federal Regulations.
Sec. 543. None of the funds made available in this Act may be used
to propose or effect a disciplinary or adverse action, with respect to
any Department of Homeland Security employee who engages regularly with
the public in the performance of his or her official duties solely
because that employee elects to utilize protective equipment or
measures, including but not limited to surgical masks, N95 respirators,
gloves, or hand-sanitizers, where use of such equipment or measures is
in accord with Department of Homeland Security policy, and Centers for
Disease Control and Prevention and Office of Personnel Management
guidance.
Sec. 544. None of the funds made available in this Act may be used
to employ workers described in section 274A(h)(3) of the Immigration
and Nationality Act (8 U.S.C. 1324a(h)(3)).
Sec. 545. (a) Any company that collects or retains personal
information directly from any individual who participates in the
Registered Traveler program of the Transportation Security
Administration shall safeguard and dispose of such information in
accordance with the requirements in--
(1) the National Institute for Standards and Technology Special
Publication 800-30, entitled ``Risk Management Guide for
Information Technology Systems'';
(2) the National Institute for Standards and Technology Special
Publication 800-53, Revision 3, entitled ``Recommended Security
Controls for Federal Information Systems and Organizations,''; and
(3) any supplemental standards established by the Administrator
of the Transportation Security Administration (referred to in this
section as the ``Administrator'').
(b) The airport authority or air carrier operator that sponsors the
company under the Registered Traveler program shall be known as the
Sponsoring Entity.
(c) The Administrator shall require any company covered by
subsection (a) to provide, not later than 30 days after the date of
enactment of this Act, to the Sponsoring Entity written certification
that the procedures used by the company to safeguard and dispose of
information are in compliance with the requirements under subsection
(a). Such certification shall include a description of the procedures
used by the company to comply with such requirements.
Sec. 546. For fiscal year 2012 and thereafter, for purposes of
section 210C of the Homeland Security Act of 2002 (6 U.S.C. 124j), a
rural area shall also include any area that is located in a
metropolitan statistical area and a county, borough, parish, or area
under the jurisdiction of an Indian tribe with a population of not more
than 50,000.
Sec. 547. Notwithstanding any other provision of this Act, none of
the funds appropriated or otherwise made available by this Act may be
used to pay award or incentive fees for contractor performance that has
been judged to be below satisfactory performance or performance that
does not meet the basic requirements of a contract.
Sec. 548. (a) Not later than 180 days after the date of enactment
of this Act, the Administrator of the Transportation Security
Administration shall submit to the Committees on Appropriations of the
Senate and the House of Representatives, a report that either--
(1) certifies that the requirement for screening all air cargo
on passenger aircraft by the deadline under section 44901(g) of
title 49, United States Code, has been met; or
(2) includes a strategy to comply with the requirements under
title 44901(g) of title 49, United States Code, including--
(A) a plan to meet the requirement under section 44901(g)
of title 49, United States Code, to screen 100 percent of air
cargo transported on passenger aircraft arriving in the United
States in foreign air transportation (as that term is defined
in section 40102 of that title); and
(B) specification of--
(i) the percentage of such air cargo that is being
screened; and
(ii) the schedule for achieving screening of 100
percent of such air cargo.
(b) The Administrator shall continue to submit reports described in
subsection (a)(2) every 180 days thereafter until the Administrator
certifies that the Transportation Security Administration has achieved
screening of 100 percent of such air cargo.
Sec. 549. In developing any process to screen aviation passengers
and crews for transportation or national security purposes, the
Secretary of Homeland Security shall ensure that all such processes
take into consideration such passengers' and crews' privacy and civil
liberties consistent with applicable laws, regulations, and guidance.
Sec. 550. (a) None of the funds made available in this Act may be
obligated for construction of the National Bio- and Agro-defense
Facility until the Department of Homeland Security--
(1) completes 50 percent of design planning for the National
Bio- and Agro-defense Facility;
(2) submits to the Committees on Appropriations of the Senate
and the House of Representatives a revised site-specific biosafety
and biosecurity mitigation risk assessment that describes how to
significantly reduce risks of conducting essential research and
diagnostic testing at the National Bio- and Agro-defense Facility
and addresses shortcomings identified in the National Academy of
Sciences' evaluation of the initial site-specific biosafety and
biosecurity mitigation risk assessment; and
(3) submits to the Committees on Appropriations of the Senate
and the House of Representatives the results of the National
Academy of Sciences' review of the risk assessment as described in
subsection (c).
(b) The revised site-specific biosafety and biosecurity mitigation
risk assessment required by subsection (a) shall--
(1) include a quantitative risk assessment for foot-and-mouth
disease virus, in particular epidemiological and economic impact
modeling to determine the overall risk of operating the facility
for its expected 50-year life span, taking into account strategies
to mitigate risk of foot-and-mouth disease virus release from the
laboratory and ensure safe operations at the approved National Bio-
and Agro-defense Facility site;
(2) address the impact of surveillance, response, and
mitigation plans (developed in consultation with local, State, and
Federal authorities and appropriate stakeholders) if a release
occurs, to detect and control the spread of disease; and
(3) include overall risks of the most dangerous pathogens the
Department of Homeland Security expects to hold in the National
Bio- and Agro-defense Facility's biosafety level 4 facility, and
effectiveness of mitigation strategies to reduce those risks.
(c) The Department of Homeland Security shall enter into a contract
with the National Academy of Sciences to evaluate the adequacy and
validity of the risk assessment required by subsection (a). The
National Academy of Sciences shall submit a report on such evaluation
within four months after the date the Department of Homeland Security
concludes its risk assessment.
Sec. 551. (a) Notwithstanding section 1356(n) of title 8, United
States Code, of the funds deposited into the Immigration Examinations
Fee Account, $10,000,000 shall be available to United States
Citizenship and Immigration Services in fiscal year 2012 for the
purpose of providing an immigrant integration grants program.
(b) None of the funds made available to United States Citizenship
and Immigration Services for grants for immigrant integration may be
used to provide services to aliens who have not been lawfully admitted
for permanent residence.
Sec. 552. For an additional amount for necessary expenses for
reimbursement of the actual costs to State and local governments for
providing emergency management, public safety, and security at events,
as determined by the Administrator of the Federal Emergency Management
Agency, related to the presence of a National Special Security Event,
$7,500,000, to remain available until September 30, 2013.
Sec. 553. Notwithstanding the 10 percent limitation contained in
section 503(c) of this Act, the Secretary of Homeland Security may
transfer to the fund established by 8 U.S.C. 1101 note, up to
$20,000,000 from appropriations available to the Department of Homeland
Security: Provided, That the Secretary shall notify the Committees on
Appropriations of the Senate and the House of Representatives 5 days in
advance of such transfer.
Sec. 554. The administrative law judge annuitants participating in
the Senior Administrative Law Judge Program managed by the Director of
the Office of Personnel Management under section 3323 of title 5,
United States Code, shall be available on a temporary re-employment
basis to conduct arbitrations of disputes as part of the arbitration
panel established by the President under section 601 of division A of
the American Recovery and Reinvestment Act of 2009 (Public Law 111-5;
123 Stat. 164).
Sec. 555. None of the funds appropriated or otherwise made
available by this Act may be used by the Department of Homeland
Security to enter into any federal contract unless such contract is
entered into in accordance with the requirements of the Federal
Property and Administrative Services Act of 1949 (41 U.S.C. 253) or
Chapter 137 of title 10, United States Code, and the Federal
Acquisition Regulation, unless such contract is otherwise authorized by
statute to be entered into without regard to the above referenced
statutes.
Sec. 556. (a) For an additional amount for data center migration,
$70,000,000.
(b) Funds made available in subsection (a) for data center
migration may be transferred by the Secretary of Homeland Security
between appropriations for the same purpose, notwithstanding section
503 of this Act.
(c) No transfer described in subsection (b) shall occur until 15
days after the Committees on Appropriations of the Senate and the House
of Representatives are notified of such transfer.
Sec. 557. For fiscal year 2012 and thereafter, U.S. Customs and
Border Protection's Advanced Training Center is authorized to charge
fees for any service and/or thing of value it provides to Federal
Government or non-government entities or individuals, so long as the
fees charged do not exceed the full costs associated with the service
or thing of value provided: Provided, That notwithstanding 31 U.S.C.
3302(b), fees collected by the Advanced Training Center are to be
deposited into a separate account entitled ``Advanced Training Center
Revolving Fund'', and be available, without further appropriations, for
necessary expenses of the Advanced Training Center program, and are to
remain available until expended.
Sec. 558. Section 559(e) of Public Law 111-83 is amended--
(a) in the matter preceding the first proviso, by striking
``law, sell'' and inserting ``law, hereafter sell''; and
(b) in the first proviso--
(1) by striking ``shall be deposited'' and inserting
``shall hereafter be deposited''; and
(2) by striking ``subject to appropriation,'' and inserting
``without further appropriations,''.
Sec. 559. Notwithstanding any other provision of law, should the
Secretary of Homeland Security determine that specific U.S. Immigration
and Customs Enforcement Service Processing Centers or other U.S.
Immigration and Customs Enforcement owned detention facilities no
longer meet the mission need, the Secretary is authorized to dispose of
individual Service Processing Centers or other U.S. Immigration and
Customs Enforcement owned detention facilities by directing the
Administrator of General Services to sell all real and related personal
property which support Service Processing Centers or other U.S.
Immigration and Customs Enforcement owned detention facilities, subject
to such terms and conditions as necessary to protect Government
interests and meet program requirements: Provided, That the proceeds,
net of the costs of sale incurred by the General Services
Administration and U.S. Immigration and Customs Enforcement, shall be
deposited as offsetting collections into a separate account that shall
be available, subject to appropriation, until expended for other real
property capital asset needs of existing U.S. Immigration and Customs
Enforcement assets, excluding daily operations and maintenance costs,
as the Secretary deems appropriate: Provided further, That any sale or
collocation of federally owned detention facilities shall not result in
the maintenance of fewer than 34,000 detention beds: Provided further,
That the Committees on Appropriations of the Senate and the House of
Representatives shall be notified 15 days prior to the announcement of
any proposed sale or collocation.
Sec. 560. For an additional amount for the ``Office of the Under
Secretary for Management'', $55,979,000, to remain available until
expended, for necessary expenses to plan, acquire, construct, renovate,
remediate, equip, furnish, and occupy buildings and facilities for the
consolidation of department headquarters at St. Elizabeths and
associated mission support consolidation: Provided, That the
Committees on Appropriations of the Senate and the House of
Representatives shall receive an expenditure plan not later than 90
days after the date of enactment of this Act detailing the allocation
of these funds.
Sec. 561. None of the funds made available by this Act may be used
to enforce the requirements in--
(1) section 34(a)(1)(A) of the Federal Fire Prevention and
Control Act of 1974 (15 U.S.C. 2229(a)(1)(A));
(2) section 34(a)(1)(B) of such Act;
(3) section 34(c)(1) of such Act;
(4) section 34(c)(2) of such Act;
(5) section 34(c)(4)(A) of such Act; and
(6) section 34(a)(1)(E) of such Act.
Sec. 562. Notwithstanding the requirement under section
34(a)(1)(A) of the Federal Fire Prevention and Control Act of 1974 (15
U.S.C. 2229a(a)(1)(A)) that grants must be used to increase the number
of firefighters in fire departments, the Secretary of Homeland
Security, in making grants under section 34 of such Act using the funds
appropriated for fiscal year 2011, shall grant waivers from the
requirements of subsections (a)(1)(B), (c)(1), (c)(2), and (c)(4)(A) of
such section: Provided, That section 34(a)(1)(E) of such Act shall not
apply with respect to funds appropriated for fiscal year 2011 for
grants under section 34 of such Act: Provided further, That the
Secretary of Homeland Security, in making grants under section 34 of
such Act, shall ensure that funds appropriated for fiscal year 2011 are
made available for the hiring, rehiring, or retention of firefighters.
Sec. 563. For fiscal year 2012 and thereafter, notwithstanding
section 1012(a)(5) of the Oil Pollution Act of 1990 (33 U.S.C.
2712(a)(5)) and 31 U.S.C. 3302, in the event that a spill of national
significance occurs, any payment of amounts from the Oil Spill
Liability Trust Fund pursuant to section 1012(a)(1) of the Oil
Pollution Act of 1990 (33 U.S.C. 2712(a)(1)) for the removal costs
incurred by the Coast Guard for such spill, shall be credited directly
to the accounts of the Coast Guard current at the time such removal
costs were incurred or when reimbursement is received: Provided, That
such amounts shall be merged with and, without further appropriations,
made available for the same time period and the same purpose as the
appropriation to which it is credited.
Sec. 564. (a) Civil Penalties for Circumventing Security
Screening.--Section 46301(a)(5)(A)(i) of title 49, United States Code,
is amended--
(1) by striking ``or chapter 449'' and inserting ``chapter
449''; and
(2) by inserting ``, or section 46314(a)'' after ``44909)''.
(b) Criminal Penalties for Circumventing Security Screening.--
Section 46314(b)(2) of title 49, United States Code, is amended by
inserting ``with intent to evade security procedures or restrictions
or'' after ``of this section''.
(c) Notice of Penalties.--Section 46314 of title 49, United States
Code, is amended by adding at the end the following new subsection:
``(c) Notice of Penalties.--
``(1) In general.--Each operator of an airport in the United
States that is required to establish an air transportation security
program pursuant to section 44903(c) shall ensure that signs that
meet such requirements as the Secretary of Homeland Security may
prescribe providing notice of the penalties imposed under section
46301(a)(5)(A)(i) and subsection (b) of this section are displayed
near all screening locations, all locations where passengers exit
the sterile area, and such other locations at the airport as the
Secretary of Homeland Security determines appropriate.
``(2) Effect of signs on penalties.--An individual shall be
subject to a penalty imposed under section 46301(a)(5)(A)(i) or
subsection (b) of this section without regard to whether signs are
displayed at an airport as required by paragraph (1).''.
Sec. 565. (a) Short Title.--This section may be cited as the
``Disaster Assistance Recoupment Fairness Act of 2011''.
(b) Debts Since 2005.--
(1) Definition.--In this section, the term ``covered
assistance'' means assistance provided--
(A) under section 408 of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5174); and
(B) in relation to a major disaster declared by the
President under section 401 of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5170) during the
period beginning on August 28, 2005, and ending on December 31,
2010.
(2) Waiver authority.--The Administrator of the Federal
Emergency Management Agency--
(A) subject to subparagraph (B) and paragraph (3), may
waive a debt owed to the United States related to covered
assistance provided to an individual or household if--
(i) the covered assistance was distributed based on an
error by the Federal Emergency Management Agency;
(ii) there was no fault on behalf of the debtor; and
(iii) the collection of the debt would be against
equity and good conscience; and
(B) may not waive a debt under subparagraph (A) if the debt
involves fraud, the presentation of a false claim, or
misrepresentation by the debtor or any party having an interest
in the claim.
(3) Presumption of repayment.--In determining whether to waive
a debt under paragraph (2), the Administrator of the Federal
Emergency Management Agency shall presume that, if the adjusted
gross income (as defined under section 62 of the Internal Revenue
Code of 1986) of the household of the debtor for the last taxable
year ending in or with the calendar year preceding the date on
which the income is determined exceeds $90,000, the debtor should
be required to make at least a partial payment on the debt.
(4) Reporting.--Not later than 3 months after the date of
enactment of this Act, and every 3 months thereafter until the date
that is 18 months after the date of enactment of this Act, the
Inspector General of the Department of Homeland Security shall
submit a report that assesses the cost-effectiveness of the efforts
of the Federal Emergency Management Agency to recoup improper
payments under the Individuals and Household Program under section
408 of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5174) to--
(A) the Committee on Homeland Security and Governmental
Affairs and the Subcommittee on Homeland Security of the
Committee on Appropriations of the Senate; and
(B) the Committee on Homeland Security, the Committee on
Transportation and Infrastructure, and the Subcommittee on
Homeland Security of the Committee on Appropriations of the
House of Representatives.
Sec. 566. (a) Notwithstanding section 312 of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act and subject to subsection
(b), recipients of Small Business Administration Disaster loans for
disaster-related damage to their homes may be eligible for
reimbursement at the discretion of the state, under Section 404 of that
Act, for documented and eligible mitigation work performed on their
home.
(b) Limitations.--
(1) Any reimbursement provided to or on behalf of a homeowner
pursuant to subsection (a) shall not exceed the amount of the
disaster loan that may be used and was used for disaster mitigation
activities; and
(2) Subsection (a) shall only apply if the disaster loan and
assistance provided under section 404 were made available in
response to the same disaster declaration.
(3) Shall be applicable only to disasters declared by the
President under section 401 of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5170) during the
period beginning on August 28, 2005 and ending on August 28, 2006.
(c) If a state chooses to use funds under section 404 to reimburse
homeowners as provided in subsection (a), it shall make payments in the
following order:
(1) First, to the Small Business Administration on behalf of
the eligible homeowner for the purpose of reducing, but not below
zero, the homeowner's outstanding debt obligation to the Small
Business Administration for the disaster loan; and
(2) Second, any remaining reimbursement shall be paid directly
to the homeowner.
Sec. 567. None of the funds made available under this Act or any
prior appropriations Act may be provided to the Association of
Community Organizations for Reform Now (ACORN), or any of its
affiliates, subsidiaries, or allied organizations.
Sec. 568. The Commissioner of U.S. Customs and Border Protection
and the Assistant Secretary of Homeland Security for U.S. Immigration
and Customs Enforcement each shall submit to the Committees on
Appropriations of the Senate and the House of Representatives with the
congressional budget justification, a multi-year investment and
management plan, to include each year starting with the current fiscal
year and the 3 subsequent fiscal years, for their respective Offices of
Information Technology to include for that office--
(1) the funding level by source for all funds to be executed;
(2) the funding included for each project and activity tied to
mission requirements, program management capabilities, performance
levels, and specific capabilities and services to be delivered;
(3) the total estimated cost and projected timeline of
completion for all multi-year enhancements, modernizations, and new
capabilities proposed in the current fiscal year or underway; and
(4) a detailed accounting of operation and maintenance costs.
Sec. 569. The Secretary of Homeland Security shall ensure
enforcement of immigration laws (as defined in section 101(a)(17) of
the Immigration and Nationality Act (8 U.S.C. 1101(a)(17))).
(rescissions)
Sec. 570. Of the funds transferred to the Department of Homeland
Security when it was created in 2003, the following funds are hereby
rescinded from the following accounts and programs in the specified
amounts:
(1) $2,577,000 from Coast Guard ``Acquisition, Construction,
and Improvements'';
(2) $5,355,296 from U.S. Immigration and Customs Enforcement
``Salaries and Expenses'';
(3) $99,012 from U.S. Immigration and Customs Enforcement
``Violent Crime Reduction Programs'';
(4) $3,332,541 from U.S. Customs and Border Protection
``Salaries and Expenses'';
(5) $3,121,248 from Department of Homeland Security ``Office
for Domestic Preparedness'';
(6) $678,213 from Federal Emergency Management Agency
``National Predisaster Mitigation Fund'';
(7) $5,201,000 from ``Working Capital Fund'';
(8) $95,998 from ``Counterterrorism Fund'';
(9) $41,091 from U.S. Customs and Border Protection ``Violent
Crime Reduction Fund''; and
(10) $153,095 from U.S. Immigration and Customs Enforcement
``Violent Crime Reduction Trust Fund''.
(rescissions)
Sec. 571. The following unobligated balances made available to the
Department of Homeland Security pursuant to section 505 of Department
of Homeland Security Appropriations Act, 2011 (Public Law 112-10; 125
Stat. 147) are rescinded:
(1) $178,783 from ``Analysis and Operations'';
(2) $1,619,907 from U.S. Customs and Border Protection
``Salaries and Expenses'';
(3) $296,022 from Transportation Security Administration
``Federal Air Marshals'';
(4) $37,800,412 from Coast Guard ``Operating Expenses'';
(5) $879,153 from Coast Guard ``Acquisition, Construction, and
Improvements'';
(6) $1,104,347 from United States Secret Service ``Salaries and
Expenses'';
(7) $97,046 from National Protection and Programs Directorate
``Management and Administration'';
(8) $78,764 from National Protection and Programs Directorate
``Infrastructure Protection and Information Security'';
(9) $117,133 from Office of Health Affairs ``Salaries and
Expenses'';
(10) $1,301,581 from ``United States Citizenship and
Immigration Services'';
(11) $369,032 from Federal Law Enforcement Training Center
``Salaries and Expenses'';
(12) $279,098 from Science and Technology ``Management and
Administration'';
(13) $1,072,938 from Domestic Nuclear Detection Office
``Management and Administration''; and
(14) $216,744 from Federal Emergency Management Agency
``Management and Administration''.
(rescissions)
Sec. 572. Of the funds appropriated to the Department of Homeland
Security, the following unobligated balances are hereby rescinded from
the following accounts and programs in the specified amounts:
(1) $10,000,000 from U.S. Immigration and Customs Enforcement
``Salaries and Expenses'';
(2) $10,000,000 from U.S. Immigration and Customs Enforcement
``Automation Modernization'';
(3) $5,000,000 from U.S. Customs and Border Protection
``Automation Modernization'': Provided, That no funds shall be
rescinded from prior year appropriations provided for the TECS
modernization program;
(4) $71,300,000 from Transportation Security Administration
``Aviation Security'' account 70x0550;
(5) $7,000,000 from U.S. Customs and Border Protection ``Border
Security Fencing, Infrastructure, and Technology'';
(6) $2,427,336 from Coast Guard ``Acquisition, Construction,
and Improvements'';
(7) $5,000,000 from the ``Office of the Chief Information
Officer'' related to Emerge2; and
(8) $27,400,000 from National Protection and Programs
Directorate ``United States Visitor and Immigrant Indicator
Technology''.
Sec. 573. Sections 1309(a) and 1319 of the National Flood
Insurance Act of 1968 (42 U.S.C. 4016(a) and 4026) are each amended by
striking ``September 30, 2011'' and inserting ``the earlier of the date
of the enactment into law of an Act that specifically amends the date
specified in this section or May 31, 2012''.
This division may be cited as the ``Department of Homeland
Security Appropriations Act, 2012''.
DIVISION E--DEPARTMENT OF THE INTERIOR, ENVIRONMENT, AND RELATED
AGENCIES APPROPRIATIONS ACT, 2012
TITLE I
DEPARTMENT OF THE INTERIOR
Bureau of Land Management
management of lands and resources
For necessary expenses for protection, use, improvement,
development, disposal, cadastral surveying, classification, acquisition
of easements and other interests in lands, and performance of other
functions, including maintenance of facilities, as authorized by law,
in the management of lands and their resources under the jurisdiction
of the Bureau of Land Management, including the general administration
of the Bureau, and assessment of mineral potential of public lands
pursuant to Public Law 96-487 (16 U.S.C. 3150(a)), $961,900,000, to
remain available until expended; of which $3,000,000 shall be available
in fiscal year 2012 subject to a match by at least an equal amount by
the National Fish and Wildlife Foundation for cost-shared projects
supporting conservation of Bureau lands; and such funds shall be
advanced to the Foundation as a lump-sum grant without regard to when
expenses are incurred.
In addition, $32,500,000 is for the processing of applications for
permit to drill and related use authorizations, to remain available
until expended, to be reduced by amounts collected by the Bureau and
credited to this appropriation that shall be derived from $6,500 per
new application for permit to drill that the Bureau shall collect upon
submission of each new application, and in addition, $39,696,000 is for
Mining Law Administration program operations, including the cost of
administering the mining claim fee program; to remain available until
expended, to be reduced by amounts collected by the Bureau and credited
to this appropriation from mining claim maintenance fees and location
fees that are hereby authorized for fiscal year 2012 so as to result in
a final appropriation estimated at not more than $961,900,000, and
$2,000,000, to remain available until expended, from communication site
rental fees established by the Bureau for the cost of administering
communication site activities.
construction
For construction of buildings, recreation facilities, roads,
trails, and appurtenant facilities, $3,576,000, to remain available
until expended.
land acquisition
For expenses necessary to carry out sections 205, 206, and 318(d)
of Public Law 94-579, including administrative expenses and acquisition
of lands or waters, or interests therein, $22,380,000, to be derived
from the Land and Water Conservation Fund and to remain available until
expended.
oregon and california grant lands
For expenses necessary for management, protection, and development
of resources and for construction, operation, and maintenance of access
roads, reforestation, and other improvements on the revested Oregon and
California Railroad grant lands, on other Federal lands in the Oregon
and California land-grant counties of Oregon, and on adjacent rights-
of-way; and acquisition of lands or interests therein, including
existing connecting roads on or adjacent to such grant lands;
$112,043,000, to remain available until expended: Provided, That 25
percent of the aggregate of all receipts during the current fiscal year
from the revested Oregon and California Railroad grant lands is hereby
made a charge against the Oregon and California land-grant fund and
shall be transferred to the General Fund in the Treasury in accordance
with the second paragraph of subsection (b) of title II of the Act of
August 28, 1937 (50 Stat. 876).
range improvements
For rehabilitation, protection, and acquisition of lands and
interests therein, and improvement of Federal rangelands pursuant to
section 401 of the Federal Land Policy and Management Act of 1976 (43
U.S.C. 1701), notwithstanding any other Act, sums equal to 50 percent
of all moneys received during the prior fiscal year under sections 3
and 15 of the Taylor Grazing Act (43 U.S.C. 315 et seq.) and the amount
designated for range improvements from grazing fees and mineral leasing
receipts from Bankhead-Jones lands transferred to the Department of the
Interior pursuant to law, but not less than $10,000,000, to remain
available until expended: Provided, That not to exceed $600,000 shall
be available for administrative expenses.
service charges, deposits, and forfeitures
For administrative expenses and other costs related to processing
application documents and other authorizations for use and disposal of
public lands and resources, for costs of providing copies of official
public land documents, for monitoring construction, operation, and
termination of facilities in conjunction with use authorizations, and
for rehabilitation of damaged property, such amounts as may be
collected under Public Law 94-579, as amended, and Public Law 93-153,
to remain available until expended: Provided, That, notwithstanding
any provision to the contrary of section 305(a) of Public Law 94-579
(43 U.S.C. 1735(a)), any moneys that have been or will be received
pursuant to that section, whether as a result of forfeiture,
compromise, or settlement, if not appropriate for refund pursuant to
section 305(c) of that Act (43 U.S.C. 1735(c)), shall be available and
may be expended under the authority of this Act by the Secretary to
improve, protect, or rehabilitate any public lands administered through
the Bureau of Land Management which have been damaged by the action of
a resource developer, purchaser, permittee, or any unauthorized person,
without regard to whether all moneys collected from each such action
are used on the exact lands damaged which led to the action: Provided
further, That any such moneys that are in excess of amounts needed to
repair damage to the exact land for which funds were collected may be
used to repair other damaged public lands.
miscellaneous trust funds
In addition to amounts authorized to be expended under existing
laws, there is hereby appropriated such amounts as may be contributed
under section 307 of the Act of October 21, 1976 (43 U.S.C. 1701), and
such amounts as may be advanced for administrative costs, surveys,
appraisals, and costs of making conveyances of omitted lands under
section 211(b) of that Act, to remain available until expended.
administrative provisions
The Bureau of Land Management may carry out the operations funded
under this Act by direct expenditure, contracts, grants, cooperative
agreements and reimbursable agreements with public and private
entities, including with States. Appropriations for the Bureau shall be
available for purchase, erection, and dismantlement of temporary
structures, and alteration and maintenance of necessary buildings and
appurtenant facilities to which the United States has title; up to
$100,000 for payments, at the discretion of the Secretary, for
information or evidence concerning violations of laws administered by
the Bureau; miscellaneous and emergency expenses of enforcement
activities authorized or approved by the Secretary and to be accounted
for solely on the Secretary's certificate, not to exceed $10,000:
Provided, That notwithstanding Public Law 90-620 (44 U.S.C. 501), the
Bureau may, under cooperative cost-sharing and partnership arrangements
authorized by law, procure printing services from cooperators in
connection with jointly produced publications for which the cooperators
share the cost of printing either in cash or in services, and the
Bureau determines the cooperator is capable of meeting accepted quality
standards: Provided further, That projects to be funded pursuant to a
written commitment by a State government to provide an identified
amount of money in support of the project may be carried out by the
Bureau on a reimbursable basis. Appropriations herein made shall not be
available for the destruction of healthy, unadopted, wild horses and
burros in the care of the Bureau or its contractors or for the sale of
wild horses and burros that results in their destruction for processing
into commercial products.
United States Fish and Wildlife Service
resource management
For necessary expenses of the United States Fish and Wildlife
Service, as authorized by law, and for scientific and economic studies,
general administration, and for the performance of other authorized
functions related to such resources, $1,228,142,000, to remain
available until September 30, 2013 except as otherwise provided herein:
Provided, That not to exceed $20,902,000 shall be used for
implementing subsections (a), (b), (c), and (e) of section 4 of the
Endangered Species Act, as amended, (except for processing petitions,
developing and issuing proposed and final regulations, and taking any
other steps to implement actions described in subsection (c)(2)(A),
(c)(2)(B)(i), or (c)(2)(B)(ii)), of which not to exceed $7,472,000
shall be used for any activity regarding the designation of critical
habitat, pursuant to subsection (a)(3), excluding litigation support,
for species listed pursuant to subsection (a)(1) prior to October 1,
2010; of which not to exceed $1,500,000 shall be used for any activity
regarding petitions to list species that are indigenous to the United
States pursuant to subsections (b)(3)(A) and (b)(3)(B); and, of which
not to exceed $1,500,000 shall be used for implementing subsections
(a), (b), (c), and (e) of section 4 of the Endangered Species Act, as
amended, for species that are not indigenous to the United States:
Provided further, That, in fiscal year 2012 and hereafter of the amount
available for law enforcement, up to $400,000, to remain available
until expended, may at the discretion of the Secretary be used for
payment for information, rewards, or evidence concerning violations of
laws administered by the Service, and miscellaneous and emergency
expenses of enforcement activity, authorized or approved by the
Secretary and to be accounted for solely on the Secretary's
certificate: Provided further, That in fiscal year 2012 and hereafter,
of the amount provided for environmental contaminants, up to $1,000,000
may remain available until expended for contaminant sample analyses.
construction
For construction, improvement, acquisition, or removal of buildings
and other facilities required in the conservation, management,
investigation, protection, and utilization of fish and wildlife
resources, and the acquisition of lands and interests therein;
$23,088,000, to remain available until expended.
land acquisition
For expenses necessary to carry out the Land and Water Conservation
Fund Act of 1965, as amended (16 U.S.C. 460l-4 through 11), including
administrative expenses, and for acquisition of land or waters, or
interest therein, in accordance with statutory authority applicable to
the United States Fish and Wildlife Service, $54,720,000, to be derived
from the Land and Water Conservation Fund and to remain available until
expended, of which, notwithstanding 16 U.S.C. 460l-9, not more than
$5,000,000 shall be for land conservation partnerships authorized by
the Highlands Conservation Act of 2004, including not to exceed
$160,000 for administrative expenses: Provided, That none of the funds
appropriated for specific land acquisition projects may be used to pay
for any administrative overhead, planning or other management costs.
cooperative endangered species conservation fund
For expenses necessary to carry out section 6 of the Endangered
Species Act of 1973, as amended (16 U.S.C. 1531 et seq.), $47,757,000,
to remain available until expended, of which $22,757,000 is to be
derived from the Cooperative Endangered Species Conservation Fund; and
of which $25,000,000 is to be derived from the Land and Water
Conservation Fund.
national wildlife refuge fund
For expenses necessary to implement the Act of October 17, 1978 (16
U.S.C. 715s), $13,980,000.
north american wetlands conservation fund
For expenses necessary to carry out the provisions of the North
American Wetlands Conservation Act, as amended (16 U.S.C. 4401 et
seq.), $35,554,000, to remain available until expended.
neotropical migratory bird conservation
For expenses necessary to carry out the Neotropical Migratory Bird
Conservation Act, as amended, (16 U.S.C. 6101 et seq.), $3,792,000, to
remain available until expended.
multinational species conservation fund
For expenses necessary to carry out the African Elephant
Conservation Act (16 U.S.C. 4201 et seq.), the Asian Elephant
Conservation Act of 1997 (16 U.S.C. 4261 et seq.), the Rhinoceros and
Tiger Conservation Act of 1994 (16 U.S.C. 5301 et seq.), the Great Ape
Conservation Act of 2000 (16 U.S.C. 6301 et seq.), and the Marine
Turtle Conservation Act of 2004 (16 U.S.C. 6601 et seq.), $9,481,000,
to remain available until expended.
state and tribal wildlife grants
For wildlife conservation grants to States and to the District of
Columbia, Puerto Rico, Guam, the United States Virgin Islands, the
Northern Mariana Islands, American Samoa, and Indian tribes under the
provisions of the Fish and Wildlife Act of 1956 and the Fish and
Wildlife Coordination Act, for the development and implementation of
programs for the benefit of wildlife and their habitat, including
species that are not hunted or fished, $61,421,000, to remain available
until expended: Provided, That of the amount provided herein,
$4,275,000 is for a competitive grant program for Indian tribes not
subject to the remaining provisions of this appropriation: Provided
further, That $5,741,000 is for a competitive grant program for States,
territories, and other jurisdictions with approved plans, not subject
to the remaining provisions of this appropriation: Provided further,
That the Secretary shall, after deducting $10,016,000 and
administrative expenses, apportion the amount provided herein in the
following manner: (1) to the District of Columbia and to the
Commonwealth of Puerto Rico, each a sum equal to not more than one-half
of 1 percent thereof; and (2) to Guam, American Samoa, the United
States Virgin Islands, and the Commonwealth of the Northern Mariana
Islands, each a sum equal to not more than one-fourth of 1 percent
thereof: Provided further, That the Secretary shall apportion the
remaining amount in the following manner: (1) one-third of which is
based on the ratio to which the land area of such State bears to the
total land area of all such States; and (2) two-thirds of which is
based on the ratio to which the population of such State bears to the
total population of all such States: Provided further, That the
amounts apportioned under this paragraph shall be adjusted equitably so
that no State shall be apportioned a sum which is less than 1 percent
of the amount available for apportionment under this paragraph for any
fiscal year or more than 5 percent of such amount: Provided further,
That the Federal share of planning grants shall not exceed 75 percent
of the total costs of such projects and the Federal share of
implementation grants shall not exceed 65 percent of the total costs of
such projects: Provided further, That the non-Federal share of such
projects may not be derived from Federal grant programs: Provided
further, That any amount apportioned in 2012 to any State, territory,
or other jurisdiction that remains unobligated as of September 30,
2013, shall be reapportioned, together with funds appropriated in 2014,
in the manner provided herein.
administrative provisions
The United States Fish and Wildlife Service may carry out the
operations of Service programs by direct expenditure, contracts,
grants, cooperative agreements and reimbursable agreements with public
and private entities. Appropriations and funds available to the United
States Fish and Wildlife Service shall be available for repair of
damage to public roads within and adjacent to reservation areas caused
by operations of the Service; options for the purchase of land at not
to exceed $1 for each option; facilities incident to such public
recreational uses on conservation areas as are consistent with their
primary purpose; and the maintenance and improvement of aquaria,
buildings, and other facilities under the jurisdiction of the Service
and to which the United States has title, and which are used pursuant
to law in connection with management, and investigation of fish and
wildlife resources: Provided, That notwithstanding 44 U.S.C. 501, the
Service may, under cooperative cost sharing and partnership
arrangements authorized by law, procure printing services from
cooperators in connection with jointly produced publications for which
the cooperators share at least one-half the cost of printing either in
cash or services and the Service determines the cooperator is capable
of meeting accepted quality standards: Provided further, That the
Service may accept donated aircraft as replacements for existing
aircraft.
National Park Service
operation of the national park system
For expenses necessary for the management, operation, and
maintenance of areas and facilities administered by the National Park
Service and for the general administration of the National Park
Service, $2,240,152,000, of which $9,832,000 for planning and
interagency coordination in support of Everglades restoration and
$97,883,000 for maintenance, repair, or rehabilitation projects for
constructed assets, operation of the National Park Service automated
facility management software system, and comprehensive facility
condition assessments shall remain available until September 30, 2013.
national recreation and preservation
For expenses necessary to carry out recreation programs, natural
programs, cultural programs, heritage partnership programs,
environmental compliance and review, international park affairs, and
grant administration, not otherwise provided for, $59,975,000:
Provided, That section 502(c) of the Chesapeake Bay Initiative Act of
1998 (16 U.S.C. 461 note; Public Law 105-312) is amended by striking
``2011'' and inserting ``2013''.
historic preservation fund
For expenses necessary in carrying out the National Historic
Preservation Act (16 U.S.C. 470), and the Omnibus Parks and Public
Lands Management Act of 1996 (Public Law 104-333), $56,000,000, to be
derived from the Historic Preservation Fund and to remain available
until September 30, 2013.
construction
(including rescission of funds)
For construction, improvements, repair, or replacement of physical
facilities, including modifications authorized by section 104 of the
Everglades National Park Protection and Expansion Act of 1989 (16
U.S.C. 410r-8), $159,621,000, to remain available until expended:
Provided, That notwithstanding any other provision of law, a single
procurement for the project to repair damage to the Washington Monument
may be issued that includes the full scope of the project, so long as
the solicitation and contract shall contain the clause ``availability
of appropriated funds'' found in CFR section 52.232.18 of title 48.
From funds previously made available under this heading, $4,000,000
are rescinded.
land and water conservation fund
(rescission)
The contract authority provided for fiscal year 2012 by 16 U.S.C.
460l-10a is rescinded.
land acquisition and state assistance
For expenses necessary to carry out the Land and Water Conservation
Act of 1965, as amended (16 U.S.C. 460l-4 through 11), including
administrative expenses, and for acquisition of lands or waters, or
interest therein, in accordance with the statutory authority applicable
to the National Park Service, $102,060,000, to be derived from the Land
and Water Conservation Fund and to remain available until expended, of
which $45,000,000 is for the State assistance program and of which
$9,000,000 shall be for the American Battlefield Protection Program
grants as authorized by section 7301 of the Omnibus Public Land
Management Act of 2009 (Public Law 111-11).
administrative provisions
(including transfer of funds)
In addition to other uses set forth in section 407(d) of Public Law
105-391, franchise fees credited to a sub-account shall be available
for expenditure by the Secretary, without further appropriation, for
use at any unit within the National Park System to extinguish or reduce
liability for Possessory Interest or leasehold surrender interest. Such
funds may only be used for this purpose to the extent that the
benefitting unit anticipated franchise fee receipts over the term of
the contract at that unit exceed the amount of funds used to extinguish
or reduce liability. Franchise fees at the benefitting unit shall be
credited to the sub-account of the originating unit over a period not
to exceed the term of a single contract at the benefitting unit, in the
amount of funds so expended to extinguish or reduce liability.
For the costs of administration of the Land and Water Conservation
Fund grants authorized by section 105(a)(2)(B) of the Gulf of Mexico
Energy Security Act of 2006 (Public Law 109-432), the National Park
Service may retain up to 3 percent of the amounts which are authorized
to be disbursed under such section, such retained amounts to remain
available until expended.
National Park Service funds may be transferred to the Federal
Highway Administration (FHWA), Department of Transportation, for
purposes authorized under 23 U.S.C. 204. Transfers may include a
reasonable amount for FHWA administrative support costs.
United States Geological Survey
surveys, investigations, and research
For expenses necessary for the United States Geological Survey to
perform surveys, investigations, and research covering topography,
geology, hydrology, biology, and the mineral and water resources of the
United States, its territories and possessions, and other areas as
authorized by 43 U.S.C. 31, 1332, and 1340; classify lands as to their
mineral and water resources; give engineering supervision to power
permittees and Federal Energy Regulatory Commission licensees;
administer the minerals exploration program (30 U.S.C. 641); conduct
inquiries into the economic conditions affecting mining and materials
processing industries (30 U.S.C. 3, 21a, and 1603; 50 U.S.C. 98g(1))
and related purposes as authorized by law; and to publish and
disseminate data relative to the foregoing activities; $1,069,744,000,
to remain available until September 30, 2013; of which $51,569,700
shall remain available until expended for satellite operations; and of
which $7,292,000 shall be available until expended for deferred
maintenance and capital improvement projects that exceed $100,000 in
cost: Provided, That none of the funds provided for the ecosystem
research activity shall be used to conduct new surveys on private
property, unless specifically authorized in writing by the property
owner: Provided further, That no part of this appropriation shall be
used to pay more than one-half the cost of topographic mapping or water
resources data collection and investigations carried on in cooperation
with States and municipalities.
administrative provisions
From within the amount appropriated for activities of the United
States Geological Survey such sums as are necessary shall be available
for reimbursement to the General Services Administration for security
guard services; contracting for the furnishing of topographic maps and
for the making of geophysical or other specialized surveys when it is
administratively determined that such procedures are in the public
interest; construction and maintenance of necessary buildings and
appurtenant facilities; acquisition of lands for gauging stations and
observation wells; expenses of the United States National Committee on
Geology; and payment of compensation and expenses of persons on the
rolls of the Survey duly appointed to represent the United States in
the negotiation and administration of interstate compacts: Provided,
That activities funded by appropriations herein made may be
accomplished through the use of contracts, grants, or cooperative
agreements as defined in section 6302 of title 31, United States Code:
Provided further, That the United States Geological Survey may enter
into contracts or cooperative agreements directly with individuals or
indirectly with institutions or nonprofit organizations, without regard
to 41 U.S.C. 5, for the temporary or intermittent services of students
or recent graduates, who shall be considered employees for the purpose
of chapters 57 and 81 of title 5, United States Code, relating to
compensation for travel and work injuries, and chapter 171 of title 28,
United States Code, relating to tort claims, but shall not be
considered to be Federal employees for any other purposes.
Bureau of Ocean Energy Management
ocean energy management
For expenses necessary for granting leases, easements, rights-of-
way and agreements for use for oil and gas, other minerals, energy, and
marine-related purposes on the Outer Continental Shelf and approving
operations related thereto, as authorized by law; for environmental
studies, as authorized by law; for implementing other laws to the
extent provided by Presidential or Secretarial delegation; and for
matching grants or cooperative agreements, $59,792,000, to remain
available until September 30, 2013; and an amount not to exceed
$101,082,000, to be credited to this appropriation and to remain
available until expended, from additions to receipts resulting from
increases to rates in effect on August 5, 1993, that are collected and
disbursed by the Secretary, and from cost recovery fees from activities
conducted by the Bureau of Ocean Energy Management pursuant to the
Outer Continental Shelf Lands Act, including studies, assessments,
analysis, and miscellaneous administrative activities: Provided, That
notwithstanding 31 U.S.C. 3302, in fiscal year 2012, such amounts as
are assessed under 31 U.S.C. 9701 shall be collected and credited to
this account and shall be available until expended for necessary
expenses: Provided further, That to the extent $101,082,000 in
addition to receipts are not realized from the sources of receipts
stated above, the amount needed to reach $101,082,000 shall be credited
to this appropriation from receipts resulting from rental rates for
Outer Continental Shelf leases in effect before August 5, 1993:
Provided further, That for fiscal year 2012 and each fiscal year
thereafter, the term ``qualified Outer Continental Shelf revenues'', as
defined in section 102(9)(A) of the Gulf of Mexico Energy Security Act,
division C of Public Law 109-432, shall include only the portion or
rental revenues that would have been collected by the Secretary at the
rental rates in effect before August 5, 1993: Provided further, That
not to exceed $3,000 shall be available for reasonable expenses related
to promoting volunteer beach and marine cleanup activities.
Bureau of Safety and Environmental Enforcement
offshore safety and environmental enforcement
For expenses necessary for the regulation of operations related to
leases, easements, rights-of-way and agreements for use for oil and
gas, other minerals, energy, and marine-related purposes on the Outer
Continental Shelf, as authorized by law; for enforcing and implementing
laws and regulations as authorized by law and to the extent provided by
Presidential or Secretarial delegation; and for matching grants or
cooperative agreements, $61,473,000, to remain available until
September 30, 2013; and an amount not to exceed $59,081,000 to be
credited to this appropriation and to remain available until expended,
from additions to receipts resulting from increases to rates in effect
on August 5, 1993, that are collected and disbursed by the Secretary,
from cost recovery fees from activities conducted by the Bureau of
Safety and Environmental Enforcement pursuant to the Outer Continental
Shelf Lands Act, including studies, assessments, analysis, and
miscellaneous administrative activities: Provided, That
notwithstanding 31 U.S.C. 3302, in fiscal year 2012, such amounts as
are assessed under 31 U.S.C. 9701 shall be collected and credited to
this account and shall be available until expended for necessary
expenses: Provided further, That to the extent $59,081,000 in addition
to receipts are not realized from the sources of receipts stated above,
the amount needed to reach $59,081,000 shall be credited to this
appropriation from receipts resulting from rental rates for Outer
Continental Shelf leases in effect before August 5, 1993: Provided
further, That for fiscal year 2012 and each fiscal year thereafter, the
term ``qualified Outer Continental Shelf revenues'', as defined in
section 102(9)(A) of the Gulf of Mexico Energy Security Act, division C
of Public Law 109-432, shall include only the portion of rental
revenues that would have been collected by the Secretary at the rental
rates in effect before August 5, 1993.
For an additional amount, $62,000,000, to remain available until
expended, which shall be derived from non-refundable inspection fees
collected in fiscal year 2012, as provided in this Act: Provided, That
to the extent that such amounts are not realized from such fees, the
amount needed to reach $62,000,000 shall be credited to this
appropriation from receipts resulting from rental rates for Outer
Continental Shelf leases in effect before August 5, 1993: Provided
further, That to the extent that amounts realized from such fees exceed
$62,000,000, the amounts realized in excess of $62,000,000 shall be
credited to this appropriation and remain available until expended:
Provided further, That for fiscal year 2012, not less than 50 percent
of the inspection fees collected by the Bureau of Safety and
Environmental Enforcement will be used to fund personnel and mission-
related costs to expand capacity and expedite the orderly development,
subject to environmental safeguards, of the Outer Continental Shelf
pursuant to the Outer Continental Shelf Lands Act (43 U.S.C. 1331 et
seq.), including the review of applications for permits to drill.
oil spill research
For necessary expenses to carry out title I, section 1016, title
IV, sections 4202 and 4303, title VII, and title VIII, section 8201 of
the Oil Pollution Act of 1990, $14,923,000, which shall be derived from
the Oil Spill Liability Trust Fund, to remain available until expended.
Office of Surface Mining Reclamation and Enforcement
regulation and technology
For necessary expenses to carry out the provisions of the Surface
Mining Control and Reclamation Act of 1977, Public Law 95-87, as
amended, $122,950,000, to remain available until September 30, 2013:
Provided, That appropriations for the Office of Surface Mining
Reclamation and Enforcement may provide for the travel and per diem
expenses of State and tribal personnel attending Office of Surface
Mining Reclamation and Enforcement sponsored training: Provided
further, That, in fiscal year 2012, up to $40,000 collected by the
Office of Surface Mining from permit fees pursuant to section 507 of
Public Law 95-87 (30 U.S.C. 1257) shall be credited to this account as
discretionary offsetting collections, to remain available until
expended: Provided further, That the sum herein appropriated shall be
reduced as collections are received during the fiscal year so as to
result in a final fiscal year 2012 appropriation estimated at not more
than $122,910,000: Provided further, That, in subsequent fiscal years,
all amounts collected by the Office of Surface Mining from permit fees
pursuant to section 507 of Public Law 95-87 (30 U.S.C. 1257) shall be
credited to this account as discretionary offsetting collections, to
remain available until expended.
abandoned mine reclamation fund
For necessary expenses to carry out title IV of the Surface Mining
Control and Reclamation Act of 1977, Public Law 95-87, as amended,
$27,443,000, to be derived from receipts of the Abandoned Mine
Reclamation Fund and to remain available until expended: Provided,
That pursuant to Public Law 97-365, the Department of the Interior is
authorized to use up to 20 percent from the recovery of the delinquent
debt owed to the United States Government to pay for contracts to
collect these debts: Provided further, That funds made available under
title IV of Public Law 95-87 may be used for any required non-Federal
share of the cost of projects funded by the Federal Government for the
purpose of environmental restoration related to treatment or abatement
of acid mine drainage from abandoned mines: Provided further, That
such projects must be consistent with the purposes and priorities of
the Surface Mining Control and Reclamation Act: Provided further, That
amounts provided under this heading may be used for the travel and per
diem expenses of State and tribal personnel attending Office of Surface
Mining Reclamation and Enforcement sponsored training.
administrative provision
With funds available for the Technical Innovation and Professional
Services program in this Act, the Secretary may transfer title for
computer hardware, software and other technical equipment to State and
tribal regulatory and reclamation programs.
Bureau of Indian Affairs and Bureau of Indian Education
operation of indian programs
(including transfer of funds)
For expenses necessary for the operation of Indian programs, as
authorized by law, including the Snyder Act of November 2, 1921 (25
U.S.C. 13), the Indian Self-Determination and Education Assistance Act
of 1975 (25 U.S.C. 450 et seq.), as amended, the Education Amendments
of 1978 (25 U.S.C. 2001-2019), and the Tribally Controlled Schools Act
of 1988 (25 U.S.C. 2501 et seq.), as amended, $2,371,532,000, to remain
available until September 30, 2013 except as otherwise provided herein;
of which not to exceed $8,500 may be for official reception and
representation expenses; of which not to exceed $74,911,000 shall be
for welfare assistance payments: Provided, That in cases of designated
Federal disasters, the Secretary may exceed such cap, from the amounts
provided herein, to provide for disaster relief to Indian communities
affected by the disaster; of which, notwithstanding any other provision
of law, including but not limited to the Indian Self-Determination Act
of 1975, as amended, not to exceed $219,560,000 shall be available for
payments for contract support costs associated with ongoing contracts,
grants, compacts, or annual funding agreements entered into with the
Bureau prior to or during fiscal year 2012, as authorized by such Act,
except that tribes and tribal organizations may use their tribal
priority allocations for unmet contract support costs of ongoing
contracts, grants, or compacts, or annual funding agreements and for
unmet welfare assistance costs; of which not to exceed $590,484,000 for
school operations costs of Bureau-funded schools and other education
programs shall become available on July 1, 2012, and shall remain
available until September 30, 2013; and of which not to exceed
$48,049,000 shall remain available until expended for housing
improvement, road maintenance, attorney fees, litigation support, the
Indian Self-Determination Fund, land records improvement, and the
Navajo-Hopi Settlement Program: Provided further, That notwithstanding
any other provision of law, including but not limited to the Indian
Self-Determination Act of 1975, as amended, and 25 U.S.C. 2008, not to
exceed $46,327,000 within and only from such amounts made available for
school operations shall be available for administrative cost grants
associated with ongoing grants entered into with the Bureau prior to or
during fiscal year 2011 for the operation of Bureau-funded schools, and
up to $500,000 within and only from such amounts made available for
administrative cost grants shall be available for the transitional
costs of initial administrative cost grants to grantees that assume
operation on or after July 1, 2011, of Bureau-funded schools: Provided
further, That any forestry funds allocated to a tribe which remain
unobligated as of September 30, 2013, may be transferred during fiscal
year 2014 to an Indian forest land assistance account established for
the benefit of the holder of the funds within the holder's trust fund
account: Provided further, That any such unobligated balances not so
transferred shall expire on September 30, 2014: Provided further, That
in order to enhance the safety of Bureau field employees, the Bureau
may use funds to purchase uniforms or other identifying articles of
clothing for personnel.
construction
(including transfer of funds)
For construction, repair, improvement, and maintenance of
irrigation and power systems, buildings, utilities, and other
facilities, including architectural and engineering services by
contract; acquisition of lands, and interests in lands; and preparation
of lands for farming, and for construction of the Navajo Indian
Irrigation Project pursuant to Public Law 87-483, $123,828,000, to
remain available until expended: Provided, That such amounts as may be
available for the construction of the Navajo Indian Irrigation Project
may be transferred to the Bureau of Reclamation: Provided further,
That not to exceed 6 percent of contract authority available to the
Bureau of Indian Affairs from the Federal Highway Trust Fund may be
used to cover the road program management costs of the Bureau:
Provided further, That any funds provided for the Safety of Dams
program pursuant to 25 U.S.C. 13 shall be made available on a
nonreimbursable basis: Provided further, That for fiscal year 2012, in
implementing new construction or facilities improvement and repair
project grants in excess of $100,000 that are provided to grant schools
under Public Law 100-297, as amended, the Secretary of the Interior
shall use the Administrative and Audit Requirements and Cost Principles
for Assistance Programs contained in 43 CFR part 12 as the regulatory
requirements: Provided further, That such grants shall not be subject
to section 12.61 of 43 CFR; the Secretary and the grantee shall
negotiate and determine a schedule of payments for the work to be
performed: Provided further, That in considering grant applications,
the Secretary shall consider whether such grantee would be deficient in
assuring that the construction projects conform to applicable building
standards and codes and Federal, tribal, or State health and safety
standards as required by 25 U.S.C. 2005(b), with respect to
organizational and financial management capabilities: Provided
further, That if the Secretary declines a grant application, the
Secretary shall follow the requirements contained in 25 U.S.C. 2504(f):
Provided further, That any disputes between the Secretary and any
grantee concerning a grant shall be subject to the disputes provision
in 25 U.S.C. 2507(e): Provided further, That in order to ensure timely
completion of construction projects, the Secretary may assume control
of a project and all funds related to the project, if, within 18 months
of the date of enactment of this Act, any grantee receiving funds
appropriated in this Act or in any prior Act, has not completed the
planning and design phase of the project and commenced construction:
Provided further, That this appropriation may be reimbursed from the
Office of the Special Trustee for American Indians appropriation for
the appropriate share of construction costs for space expansion needed
in agency offices to meet trust reform implementation.
indian land and water claim settlements and miscellaneous payments to
indians
For payments and necessary administrative expenses for
implementation of Indian land and water claim settlements pursuant to
Public Laws 99-264, 100-580, 101-618, 108-447, and 111-11, and for
implementation of other land and water rights settlements, $32,855,000,
to remain available until expended.
indian guaranteed loan program account
For the cost of guaranteed loans and insured loans, $7,114,000, of
which $964,000 is for administrative expenses, as authorized by the
Indian Financing Act of 1974, as amended: Provided, That such costs,
including the cost of modifying such loans, shall be as defined in
section 502 of the Congressional Budget Act of 1974: Provided further,
That these funds are available to subsidize total loan principal, any
part of which is to be guaranteed or insured, not to exceed
$73,365,796.
administrative provisions
The Bureau of Indian Affairs may carry out the operation of Indian
programs by direct expenditure, contracts, cooperative agreements,
compacts, and grants, either directly or in cooperation with States and
other organizations.
Notwithstanding 25 U.S.C. 15, the Bureau of Indian Affairs may
contract for services in support of the management, operation, and
maintenance of the Power Division of the San Carlos Irrigation Project.
Appropriations for the Bureau of Indian Affairs (except the
Revolving Fund for Loans Liquidating Account, Indian Loan Guaranty and
Insurance Fund Liquidating Account, Indian Guaranteed Loan Financing
Account, Indian Direct Loan Financing Account, and the Indian
Guaranteed Loan Program account) shall be available for expenses of
exhibits.
Notwithstanding any other provision of law, no funds available to
the Bureau of Indian Affairs for central office oversight and Executive
Direction and Administrative Services (except executive direction and
administrative services funding for Tribal Priority Allocations,
regional offices, and facilities operations and maintenance) shall be
available for contracts, grants, compacts, or cooperative agreements
with the Bureau of Indian Affairs under the provisions of the Indian
Self-Determination Act or the Tribal Self-Governance Act of 1994
(Public Law 103-413).
In the event any tribe returns appropriations made available by
this Act to the Bureau of Indian Affairs, this action shall not
diminish the Federal Government's trust responsibility to that tribe,
or the government-to-government relationship between the United States
and that tribe, or that tribe's ability to access future
appropriations.
Notwithstanding any other provision of law, no funds available to
the Bureau, other than the amounts provided herein for assistance to
public schools under 25 U.S.C. 452 et seq., shall be available to
support the operation of any elementary or secondary school in the
State of Alaska.
Appropriations made available in this or any other Act for schools
funded by the Bureau shall be available only to the schools in the
Bureau school system as of September 1, 1996. No funds available to the
Bureau shall be used to support expanded grades for any school or
dormitory beyond the grade structure in place or approved by the
Secretary of the Interior at each school in the Bureau school system as
of October 1, 1995, except that any school or school program that was
closed and removed from the Bureau school system between 1951 and 1972,
and its respective tribe's relationship with the Federal Government was
terminated, shall be reinstated to the Bureau system and supported at a
level based on its grade structure and average student enrollment for
the 2009-2010, 2010-2011 and 2011-2012 school years. Funds made
available under this Act may not be used to establish a charter school
at a Bureau-funded school (as that term is defined in section 1141 of
the Education Amendments of 1978 (25 U.S.C. 2021)), except that a
charter school that is in existence on the date of the enactment of
this Act and that has operated at a Bureau-funded school before
September 1, 1999, may continue to operate during that period, but only
if the charter school pays to the Bureau a pro rata share of funds to
reimburse the Bureau for the use of the real and personal property
(including buses and vans), the funds of the charter school are kept
separate and apart from Bureau funds, and the Bureau does not assume
any obligation for charter school programs of the State in which the
school is located if the charter school loses such funding. Employees
of Bureau-funded schools sharing a campus with a charter school and
performing functions related to the charter school's operation and
employees of a charter school shall not be treated as Federal employees
for purposes of chapter 171 of title 28, United States Code.
Notwithstanding any other provision of law, including section 113
of title I of appendix C of Public Law 106-113, if in fiscal year 2003
or 2004 a grantee received indirect and administrative costs pursuant
to a distribution formula based on section 5(f) of Public Law 101-301,
the Secretary shall continue to distribute indirect and administrative
cost funds to such grantee using the section 5(f) distribution formula.
Departmental Offices
Office of the Secretary
departmental operations
For necessary expenses for management of the Department of the
Interior, including the collection and disbursement of royalties, fees,
and other mineral revenue proceeds, as authorized by law, $262,317,000,
to remain available until September 30, 2013; of which not to exceed
$15,000 may be for official reception and representation expenses; and
of which up to $1,000,000 shall be available for workers compensation
payments and unemployment compensation payments associated with the
orderly closure of the United States Bureau of Mines; and of which
$12,712,000 for the Office of Valuation Services is to be derived from
the Land and Water Conservation Fund and shall remain available until
expended; and of which $38,300,000 shall remain available until
expended for the purpose of mineral revenue management activities:
Provided, That, for fiscal year 2012, up to $400,000 of the payments
authorized by the Act of October 20, 1976, as amended (31 U.S.C. 6901-
6907) may be retained for administrative expenses of the Payments in
Lieu of Taxes Program: Provided further, That no payment shall be made
pursuant to that Act to otherwise eligible units of local government if
the computed amount of the payment is less than $100: Provided
further, That notwithstanding any other provision of law, $15,000 under
this heading shall be available for refunds of overpayments in
connection with certain Indian leases in which the Secretary concurred
with the claimed refund due, to pay amounts owed to Indian allottees or
tribes, or to correct prior unrecoverable erroneous payments: Provided
further, That, notwithstanding the provisions of section 35(b) of the
Mineral Leasing Act, as amended (30 U.S.C. 191(b)), the Secretary shall
deduct 2 percent from the amount payable to each State in fiscal year
2012 and deposit the amount deducted to miscellaneous receipts of the
Treasury.
Insular Affairs
assistance to territories
For expenses necessary for assistance to territories under the
jurisdiction of the Department of the Interior and other jurisdictions
identified in section 104(e) of Public Law 108-188, $87,997,000, of
which: (1) $78,517,000 shall remain available until expended for
territorial assistance, including general technical assistance,
maintenance assistance, disaster assistance, insular management
controls, coral reef initiative activities, and brown tree snake
control and research; grants to the judiciary in American Samoa for
compensation and expenses, as authorized by law (48 U.S.C. 1661(c));
grants to the Government of American Samoa, in addition to current
local revenues, for construction and support of governmental functions;
grants to the Government of the Virgin Islands as authorized by law;
grants to the Government of Guam, as authorized by law; and grants to
the Government of the Northern Mariana Islands as authorized by law
(Public Law 94-241; 90 Stat. 272); and (2) $9,480,000 shall be
available until September 30, 2013 for salaries and expenses of the
Office of Insular Affairs: Provided, That all financial transactions
of the territorial and local governments herein provided for, including
such transactions of all agencies or instrumentalities established or
used by such governments, may be audited by the Government
Accountability Office, at its discretion, in accordance with chapter 35
of title 31, United States Code: Provided further, That Northern
Mariana Islands Covenant grant funding shall be provided according to
those terms of the Agreement of the Special Representatives on Future
United States Financial Assistance for the Northern Mariana Islands
approved by Public Law 104-134: Provided further, That the funds for
the program of operations and maintenance improvement are appropriated
to institutionalize routine operations and maintenance improvement of
capital infrastructure with territorial participation and cost sharing
to be determined by the Secretary based on the grantee's commitment to
timely maintenance of its capital assets: Provided further, That any
appropriation for disaster assistance under this heading in this Act or
previous appropriations Acts may be used as non-Federal matching funds
for the purpose of hazard mitigation grants provided pursuant to
section 404 of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5170c).
compact of free association
For grants and necessary expenses, $3,318,000, to remain available
until expended, as provided for in sections 221(a)(2) and 233 of the
Compact of Free Association for the Republic of Palau; and section
221(a)(2) of the Compacts of Free Association for the Government of the
Republic of the Marshall Islands and the Federated States of
Micronesia, as authorized by Public Law 99-658 and Public Law 108-188.
Administrative Provisions
(including transfer of funds)
At the request of the Governor of Guam, the Secretary may transfer
discretionary funds or mandatory funds provided under section 104(e) of
Public Law 108-188 and Public Law 104-134, that are allocated for Guam,
to the Secretary of Agriculture for the subsidy cost of direct or
guaranteed loans, plus not to exceed three percent of the amount of the
subsidy transferred for the cost of loan administration, for the
purposes authorized by the Rural Electrification Act of 1936 and
section 306(a)(1) of the Consolidated Farm and Rural Development Act
for construction and repair projects in Guam, and such funds shall
remain available until expended: Provided, That such costs, including
the cost of modifying such loans, shall be as defined in section 502 of
the Congressional Budget Act of 1974: Provided further, That such
loans or loan guarantees may be made without regard to the population
of the area, credit elsewhere requirements, and restrictions on the
types of eligible entities under the Rural Electrification Act of 1936
and section 306(a)(1) of the Consolidated Farm and Rural Development
Act: Provided further, That any funds transferred to the Secretary of
Agriculture shall be in addition to funds otherwise made available to
make or guarantee loans under such authorities.
Office of the Solicitor
salaries and expenses
For necessary expenses of the Office of the Solicitor, $66,296,000.
Office of Inspector General
salaries and expenses
For necessary expenses of the Office of Inspector General,
$49,471,000.
Office of the Special Trustee for American Indians
federal trust programs
(including transfer of funds)
For the operation of trust programs for Indians by direct
expenditure, contracts, cooperative agreements, compacts, and grants,
$152,319,000, to remain available until expended, of which not to
exceed $31,171,000 from this or any other Act, shall be available for
historical accounting: Provided, That funds for trust management
improvements and litigation support may, as needed, be transferred to
or merged with the Bureau of Indian Affairs, ``Operation of Indian
Programs'' account; the Office of the Solicitor, ``Salaries and
Expenses'' account; and the Office of the Secretary, ``Salaries and
Expenses'' account: Provided further, That funds made available
through contracts or grants obligated during fiscal year 2012, as
authorized by the Indian Self-Determination Act of 1975 (25 U.S.C. 450
et seq.), shall remain available until expended by the contractor or
grantee: Provided further, That, notwithstanding any other provision
of law, the statute of limitations shall not commence to run on any
claim, including any claim in litigation pending on the date of the
enactment of this Act, concerning losses to or mismanagement of trust
funds, until the affected tribe or individual Indian has been furnished
with an accounting of such funds from which the beneficiary can
determine whether there has been a loss: Provided further, That,
notwithstanding any other provision of law, the Secretary shall not be
required to provide a quarterly statement of performance for any Indian
trust account that has not had activity for at least 18 months and has
a balance of $15 or less: Provided further, That the Secretary shall
issue an annual account statement and maintain a record of any such
accounts and shall permit the balance in each such account to be
withdrawn upon the express written request of the account holder:
Provided further, That not to exceed $50,000 is available for the
Secretary to make payments to correct administrative errors of either
disbursements from or deposits to Individual Indian Money or Tribal
accounts after September 30, 2002: Provided further, That erroneous
payments that are recovered shall be credited to and remain available
in this account for this purpose.
Department-wide Programs
wildland fire management
(including transfers and rescission of funds)
For necessary expenses for fire preparedness, suppression
operations, fire science and research, emergency rehabilitation,
hazardous fuels reduction, and rural fire assistance by the Department
of the Interior, $566,495,000, to remain available until expended, of
which not to exceed $6,137,000 shall be for the renovation or
construction of fire facilities: Provided, That such funds are also
available for repayment of advances to other appropriation accounts
from which funds were previously transferred for such purposes:
Provided further, That persons hired pursuant to 43 U.S.C. 1469 may be
furnished subsistence and lodging without cost from funds available
from this appropriation: Provided further, That notwithstanding 42
U.S.C. 1856d, sums received by a bureau or office of the Department of
the Interior for fire protection rendered pursuant to 42 U.S.C. 1856 et
seq., protection of United States property, may be credited to the
appropriation from which funds were expended to provide that
protection, and are available without fiscal year limitation: Provided
further, That using the amounts designated under this title of this
Act, the Secretary of the Interior may enter into procurement
contracts, grants, or cooperative agreements, for hazardous fuels
reduction activities, and for training and monitoring associated with
such hazardous fuels reduction activities, on Federal land, or on
adjacent non-Federal land for activities that benefit resources on
Federal land: Provided further, That the costs of implementing any
cooperative agreement between the Federal Government and any non-
Federal entity may be shared, as mutually agreed on by the affected
parties: Provided further, That notwithstanding requirements of the
Competition in Contracting Act, the Secretary, for purposes of
hazardous fuels reduction activities, may obtain maximum practicable
competition among: (1) local private, nonprofit, or cooperative
entities; (2) Youth Conservation Corps crews, Public Lands Corps
(Public Law 109-154), or related partnerships with State, local, or
nonprofit youth groups; (3) small or micro-businesses; or (4) other
entities that will hire or train locally a significant percentage,
defined as 50 percent or more, of the project workforce to complete
such contracts: Provided further, That in implementing this section,
the Secretary shall develop written guidance to field units to ensure
accountability and consistent application of the authorities provided
herein: Provided further, That funds appropriated under this heading
may be used to reimburse the United States Fish and Wildlife Service
and the National Marine Fisheries Service for the costs of carrying out
their responsibilities under the Endangered Species Act of 1973 (16
U.S.C. 1531 et seq.) to consult and conference, as required by section
7 of such Act, in connection with wildland fire management activities:
Provided further, That the Secretary of the Interior may use wildland
fire appropriations to enter into noncompetitive sole-source leases of
real property with local governments, at or below fair market value, to
construct capitalized improvements for fire facilities on such leased
properties, including but not limited to fire guard stations, retardant
stations, and other initial attack and fire support facilities, and to
make advance payments for any such lease or for construction activity
associated with the lease: Provided further, That the Secretary of the
Interior and the Secretary of Agriculture may authorize the transfer of
funds appropriated for wildland fire management, in an aggregate amount
not to exceed $50,000,000, between the Departments when such transfers
would facilitate and expedite wildland fire management programs and
projects: Provided further, That funds provided for wildfire
suppression shall be available for support of Federal emergency
response actions: Provided further, That funds appropriated under this
heading shall be available for assistance to or through the Department
of State in connection with forest and rangeland research, technical
information, and assistance in foreign countries, and, with the
concurrence of the Secretary of State, shall be available to support
forestry, wildland fire management, and related natural resource
activities outside the United States and its territories and
possessions, including technical assistance, education and training,
and cooperation with United States and international organizations:
Provided further, That before obligating any of the funds provided
herein for wildland fire suppression, the Secretary of the Interior
shall obligate all unobligated balances previously made available under
this heading that, when appropriated, were designated by Congress as an
emergency requirement pursuant to the Concurrent Resolution on the
Budget or the Balanced Budget and Emergency Deficit Control Act of 1985
and notify the Committees on Appropriations of the House of
Representatives and the Senate in writing of the imminent need to begin
obligating funds provided herein for wildland fire suppression:
Provided further, That of the funds made available under this heading
for wildland fire suppression in fiscal year 2011, $82,000,000 are
rescinded.
flame wildfire suppression reserve fund
(including transfer of funds)
For necessary expenses for large fire suppression operations of the
Department of the Interior and as a reserve fund for suppression and
Federal emergency response activities, $92,000,000, to remain available
until expended: Provided, That such amounts are available only for
transfer to the ``Wildland Fire Management'' account and only following
a declaration by the Secretary that either (1) a wildland fire
suppression event meets certain previously established risk-based
written criteria for significant complexity, severity, or threat posed
by the fire or (2) funds in the ``Wildland Fire Management'' account
will be exhausted within 30 days.
central hazardous materials fund
For necessary expenses of the Department of the Interior and any of
its component offices and bureaus for the response action, including
associated activities, performed pursuant to the Comprehensive
Environmental Response, Compensation, and Liability Act, as amended (42
U.S.C. 9601 et seq.), $10,149,000, to remain available until expended.
natural resource damage assessment and restoration
natural resource damage assessment fund
To conduct natural resource damage assessment and restoration
activities by the Department of the Interior necessary to carry out the
provisions of the Comprehensive Environmental Response, Compensation,
and Liability Act, as amended (42 U.S.C. 9601 et seq.), the Federal
Water Pollution Control Act, as amended (33 U.S.C. 1251 et seq.), the
Oil Pollution Act of 1990 (33 U.S.C. 2701 et seq.), and Public Law 101-
337, as amended (16 U.S.C. 19jj et seq.), $6,263,000, to remain
available until expended.
working capital fund
For the acquisition of a departmental financial and business
management system, information technology improvements of general
benefit to the Department, strengthening the Department's acquisition
workforce capacity and capabilities, and consolidation of facilities
and operations throughout the Department, $62,019,000, to remain
available until expended: Provided, That such funds shall be available
for training, recruitment, retention, and hiring members of the
acquisition workforce as defined by the Office of Federal Procurement
Policy Act as amended (41 U.S.C. 401 et seq.): Provided further, That
none of the funds appropriated in this Act or any other Act may be used
to establish reserves in the Working Capital Fund account other than
for accrued annual leave and depreciation of equipment without prior
approval of the House of Representatives and Senate Committees on
Appropriations: Provided further, That the Secretary may assess
reasonable charges to State, local and tribal government employees for
training services provided by the National Indian Program Training
Center, other than training related to Public Law 93-638: Provided
further, That the Secretary may lease or otherwise provide space and
related facilities, equipment or professional services of the National
Indian Program Training Center to State, local and tribal government
employees or persons or organizations engaged in cultural, educational,
or recreational activities (as defined in section 3306(a) of title 40,
United States Code) at the prevailing rate for similar space,
facilities, equipment, or services in the vicinity of the National
Indian Program Training Center: Provided further, That all funds
received pursuant to the two preceding provisos shall be credited to
this account, shall be available until expended, and shall be used by
the Secretary for necessary expenses of the National Indian Program
Training Center.
administrative provision
There is hereby authorized for acquisition from available resources
within the Working Capital Fund, 15 aircraft, 10 of which shall be for
replacement and which may be obtained by donation, purchase or through
available excess surplus property: Provided, That existing aircraft
being replaced may be sold, with proceeds derived or trade-in value
used to offset the purchase price for the replacement aircraft.
General Provisions, Department of the Interior
(including transfers of funds)
emergency transfer authority--intra-bureau
Sec. 101. Appropriations made in this title shall be available for
expenditure or transfer (within each bureau or office), with the
approval of the Secretary, for the emergency reconstruction,
replacement, or repair of aircraft, buildings, utilities, or other
facilities or equipment damaged or destroyed by fire, flood, storm, or
other unavoidable causes: Provided, That no funds shall be made
available under this authority until funds specifically made available
to the Department of the Interior for emergencies shall have been
exhausted: Provided further, That all funds used pursuant to this
section must be replenished by a supplemental appropriation which must
be requested as promptly as possible.
emergency transfer authority--department-wide
Sec. 102. The Secretary may authorize the expenditure or transfer
of any no year appropriation in this title, in addition to the amounts
included in the budget programs of the several agencies, for the
suppression or emergency prevention of wildland fires on or threatening
lands under the jurisdiction of the Department of the Interior; for the
emergency rehabilitation of burned-over lands under its jurisdiction;
for emergency actions related to potential or actual earthquakes,
floods, volcanoes, storms, or other unavoidable causes; for contingency
planning subsequent to actual oil spills; for response and natural
resource damage assessment activities related to actual oil spills or
releases of hazardous substances into the environment; for the
prevention, suppression, and control of actual or potential grasshopper
and Mormon cricket outbreaks on lands under the jurisdiction of the
Secretary, pursuant to the authority in section 417(b) of Public Law
106-224 (7 U.S.C. 7717(b)); for emergency reclamation projects under
section 410 of Public Law 95-87; and shall transfer, from any no year
funds available to the Office of Surface Mining Reclamation and
Enforcement, such funds as may be necessary to permit assumption of
regulatory authority in the event a primacy State is not carrying out
the regulatory provisions of the Surface Mining Act: Provided, That
appropriations made in this title for wildland fire operations shall be
available for the payment of obligations incurred during the preceding
fiscal year, and for reimbursement to other Federal agencies for
destruction of vehicles, aircraft, or other equipment in connection
with their use for wildland fire operations, such reimbursement to be
credited to appropriations currently available at the time of receipt
thereof: Provided further, That for wildland fire operations, no funds
shall be made available under this authority until the Secretary
determines that funds appropriated for ``wildland fire operations'' and
``FLAME Wildfire Suppression Reserve Fund'' shall be exhausted within
30 days: Provided further, That all funds used pursuant to this
section must be replenished by a supplemental appropriation which must
be requested as promptly as possible: Provided further, That such
replenishment funds shall be used to reimburse, on a pro rata basis,
accounts from which emergency funds were transferred.
authorized use of funds
Sec. 103. Appropriations made to the Department of the Interior in
this title shall be available for services as authorized by section
3109 of title 5, United States Code, when authorized by the Secretary,
in total amount not to exceed $500,000; purchase and replacement of
motor vehicles, including specially equipped law enforcement vehicles;
hire, maintenance, and operation of aircraft; hire of passenger motor
vehicles; purchase of reprints; payment for telephone service in
private residences in the field, when authorized under regulations
approved by the Secretary; and the payment of dues, when authorized by
the Secretary, for library membership in societies or associations
which issue publications to members only or at a price to members lower
than to subscribers who are not members.
authorized use of funds, indian trust management
Sec. 104. Appropriations made in this Act under the headings
Bureau of Indian Affairs and Office of the Special Trustee for American
Indians and any unobligated balances from prior appropriations Acts
made under the same headings shall be available for expenditure or
transfer for Indian trust management and reform activities. Total
funding for historical accounting activities shall not exceed amounts
specifically designated in this Act for such purpose.
redistribution of funds, bureau of indian affairs
Sec. 105. Notwithstanding any other provision of law, the
Secretary of the Interior is authorized to redistribute any Tribal
Priority Allocation funds, including tribal base funds, to alleviate
tribal funding inequities by transferring funds to address identified,
unmet needs, dual enrollment, overlapping service areas or inaccurate
distribution methodologies. No tribe shall receive a reduction in
Tribal Priority Allocation funds of more than 10 percent in fiscal year
2012. Under circumstances of dual enrollment, overlapping service areas
or inaccurate distribution methodologies, the 10 percent limitation
does not apply.
payment of fees
Sec. 106. The Secretary of the Interior may use discretionary
funds to pay private attorney fees and costs for employees and former
employees of the Department of the Interior reasonably incurred in
connection with Cobell v. Salazar to the extent that such fees and
costs are not paid by the Department of Justice or by private
insurance. In no case shall the Secretary make payments under this
section that would result in payment of hourly fees in excess of the
highest hourly rate approved by the District Court for the District of
Columbia for counsel in Cobell v. Salazar.
everglades ecosystem restoration
Sec. 107. This and any subsequent fiscal year, the National Park
Service is authorized to implement modifications to the Tamiami Trail
as described in, and in accordance with, the preferred alternative
identified in the final environmental impact statement noticed in the
Federal Register on December 14, 2010, (75 Fed. Reg. 77896), relating
to restoration efforts of the Everglades ecosystem.
ellis, governors, and liberty islands
Sec. 108. Notwithstanding any other provision of law, the
Secretary of the Interior is authorized to acquire lands, waters, or
interests therein including the use of all or part of any pier, dock,
or landing within the State of New York and the State of New Jersey,
for the purpose of operating and maintaining facilities in the support
of transportation and accommodation of visitors to Ellis, Governors,
and Liberty Islands, and of other program and administrative
activities, by donation or with appropriated funds, including franchise
fees (and other monetary consideration), or by exchange; and the
Secretary is authorized to negotiate and enter into leases, subleases,
concession contracts or other agreements for the use of such facilities
on such terms and conditions as the Secretary may determine reasonable.
outer continental shelf inspection fees
Sec. 109. (a) In fiscal year 2012, the Secretary shall collect a
nonrefundable inspection fee, which shall be deposited in the ``Ocean
Energy Management'' account, from the designated operator for
facilities subject to inspection under 43 U.S.C. 1348(c).
(b) Annual fees shall be collected for facilities that are above
the waterline, excluding drilling rigs, and are in place at the start
of the fiscal year. Fees for fiscal year 2012 shall be:
(1) $10,500 for facilities with no wells, but with processing
equipment or gathering lines;
(2) $17,000 for facilities with 1 to 10 wells, with any
combination of active or inactive wells; and
(3) $31,500 for facilities with more than 10 wells, with any
combination of active or inactive wells.
(c) Fees for drilling rigs shall be assessed for all inspections
completed in fiscal year 2012. Fees for fiscal year 2012 shall be:
(1) $30,500 per inspection for rigs operating in water depths
of 500 feet or more; and
(2) $16,700 per inspection for rigs operating in water depths
of less than 500 feet.
(d) The Secretary shall bill designated operators under subsection
(b) within 60 days, with payment required within 30 days of billing.
The Secretary shall bill designated operators under subsection (c)
within 30 days of the end of the month in which the inspection
occurred, with payment required within 30 days of billing.
oil and gas leasing internet program
Sec. 110. Notwithstanding section 17(b)(1)(A) of the Mineral
Leasing Act (30 U.S.C. 226(b)(1)(A)), the Secretary of the Interior
shall have the authority to establish an oil and gas leasing Internet
program, under which the Secretary may conduct lease sales through
methods other than oral bidding.
indian probate judges
Sec. 111. Section 108 of Public Law 109-54 (the Department of the
Interior, Environment, and Related Agencies Appropriations Act, 2006)
is amended by striking ``in fiscal years 2006 through 2010, for the
purpose of reducing the backlog of'' and inserting ``for fiscal year
2006 and each fiscal year thereafter, for the purpose of
adjudicating''.
bureau of ocean energy management, regulation and enforcement
reorganization
Sec. 112. The Secretary of the Interior, in order to implement a
reorganization of the Bureau of Ocean Energy Management, Regulation and
Enforcement, may establish accounts and transfer funds among and
between the offices and bureaus affected by the reorganization only in
conformance with the reprogramming guidelines described in the report
accompanying this Act.
authorized use of indian education funds
Sec. 113. Beginning July 1, 2008, any funds (including investments
and interest earned, except for construction funds) held by a Public
Law 100-297 grant or a Public Law 93-638 contract school shall, upon
retrocession to or re-assumption by the Bureau of Indian Education,
remain available to the Bureau of Indian Education for a period of 5
years from the date of retrocession or re-assumption for the benefit of
the programs approved for the school on October 1, 1995.
contracts and agreements for wild horse and burro holding facilities
Sec. 114. (a) Notwithstanding any other provision of this Act, the
Secretary of the Interior may enter into multiyear cooperative
agreements with nonprofit organizations and other appropriate entities,
and may enter into multiyear contracts in accordance with the
provisions of section 304B of the Federal Property and Administrative
Services Act of 1949 (41 U.S.C. 254c) (except that the 5-year term
restriction in subsection (d) shall not apply), for the long-term care
and maintenance of excess wild free roaming horses and burros by such
organizations or entities on private land. Such cooperative agreements
and contracts may not exceed 10 years, subject to renewal at the
discretion of the Secretary.
(b) During fiscal year 2012 and subsequent fiscal years, in
carrying out work involving cooperation with any State or political
subdivision thereof, the Bureau of Land Management may record
obligations against accounts receivable from any such entities.
bureau of indian education operated schools
Sec. 115. (a)(1) Notwithstanding any other provision of law or
Federal regulation, including section 586(c) of title 40, United States
Code, the Director of the BIE, or the Director's designee, is
authorized to enter into agreements with public and private persons and
entities that provide for such persons and entities to rent or lease
the land or facilities of a Bureau-operated school for such periods of
time as the school is Bureau operated, in exchange for a consideration
(in the form of funds) that benefits the school, as determined by the
head of the school.
(2) Funds received under paragraph (1) shall be retained by the
school and used for school purposes otherwise authorized by law. Any
funds received under paragraph (1) are hereby made available until
expended for such purposes, notwithstanding section 3302 of title 31,
United States Code.
(3) Nothing in this section shall be construed to allow for the
diminishment of, or otherwise affect, the appropriation of funds to the
budget accounts for the operation and maintenance of Bureau-operated
schools. No funds shall be withheld from the distribution to the budget
of any Bureau-operated school due to the receipt by the school of a
benefit in accordance with this section.
(b) Notwithstanding any provision of title 5, United States Code,
or any regulation promulgated under such title, education personnel who
are under the direction and supervision of the Secretary of the
Interior may participate in a fundraising activity for the benefit of a
Bureau-operated school in an official capacity as part of their
official duties. When participating in such an official capacity, the
employee may use the employee's official title, position, and
authority. Nothing in this subsection shall be construed to authorize
participation in political activity (as such term is used in section
7324 of title 5, United States Code) otherwise prohibited by law.
(c) The Secretary of the Interior shall promulgate regulations to
carry out this section not later than 16 months after the date of the
enactment of this Act. Such regulations shall include--
(1) standards for the appropriate use of Bureau-operated school
lands and facilities by third parties under a rental or lease
agreement;
(2) provisions for the establishment and administration of
mechanisms for the acceptance of consideration for the use and
benefit of a school in accordance with this section (including, in
appropriate cases, the establishment and administration of trust
funds);
(3) accountability standards to ensure ethical conduct; and
(4) provisions for monitoring the amount and terms of
consideration received, the manner in which the consideration is
used, and any results achieved by such use.
(d) Provisions of this section shall apply to fiscal years 2012
through 2014.
authorized use of funds
Sec. 116. Section 3006 of Public Law 111-212 is amended by
striking ``For fiscal years 2010 and 2011'' and inserting ``For fiscal
years 2010 through 2012''.
mass marking of salmonids
Sec. 117. The United States Fish and Wildlife Service shall, in
carrying out its responsibilities to protect threatened and endangered
species of salmon, implement a system of mass marking of salmonid
stocks, intended for harvest, that are released from federally operated
or federally financed hatcheries including but not limited to fish
releases of coho, chinook, and steelhead species. Marked fish must have
a visible mark that can be readily identified by commercial and
recreational fishers.
prohibition on use of funds
Sec. 118. (a) Any proposed new use of the Arizona & California
Railroad Company's Right of Way for conveyance of water shall not
proceed unless the Secretary of the Interior certifies that the
proposed new use is within the scope of the Right of Way.
(b) No funds appropriated or otherwise made available to the
Department of the Interior may be used, in relation to any proposal to
store water underground for the purpose of export, for approval of any
right-of-way or similar authorization on the Mojave National Preserve
or lands managed by the Needles Field Office of the Bureau of Land
Management, or for carrying out any activities associated with such
right-of-way or similar approval.
yukon-charley national preserve
Sec. 119. None of the funds made available by this Act may be used
by the Secretary of the Interior to implement or enforce regulations
concerning boating within Yukon-Charley National Preserve, including
waters subject to the jurisdiction of the United States, pursuant to
section 3(h) of Public Law 91-383 (16 U.S.C. 1a-2(h)) or any other
authority. This section does not affect the authority of the Coast
Guard to regulate the use of waters subject to the jurisdiction of the
United States within the Yukon-Charley National Preserve.
republic of palau
Sec. 120. (a) In General.--Subject to subsection (c), the United
States Government, through the Secretary of the Interior shall provide
to the Government of Palau for fiscal year 2012 grants in amounts equal
to the annual amounts specified in subsections (a), (c), and (d) of
section 211 of the Compact of Free Association between the Government
of the United States of America and the Government of Palau (48 U.S.C.
1931 note) (referred to in this section as the ``Compact'').
(b) Programmatic Assistance.--Subject to subsection (c), the United
States shall provide programmatic assistance to the Republic of Palau
for fiscal year 2012 in amounts equal to the amounts provided in
subsections (a) and (b)(1) of section 221 of the Compact.
(c) Limitations on Assistance.--
(1) In general.--The grants and programmatic assistance
provided under subsections (a) and (b) shall be provided to the
same extent and in the same manner as the grants and assistance
were provided in fiscal year 2009.
(2) Trust fund.--If the Government of Palau withdraws more than
$5,000,000 from the trust fund established under section 211(f) of
the Compact, amounts to be provided under subsections (a) and (b)
shall be withheld from the Government of Palau.
hiring authorities
Sec. 121. (a) Direct Hire Authority.--
(1) During fiscal year 2012 and thereafter, the Secretary of
the Interior may appoint, without regard to the provisions of
subchapter I of chapter 33 of title 5, United States Code, other
than sections 3303 and 3328 of such title, a qualified candidate
described in paragraph (1) directly to a position with a land
managing agency of the Department of the Interior for which the
candidate meets Office of Personnel Management qualification
standards.
(2) Paragraph (1) applies with respect to a former resource
assistant (as defined in section 203 of the Public Land Corps Act
(16 U.S.C. 1722)) who--
(A) completed a rigorous undergraduate or graduate summer
internship with a land managing agency, such as the National
Park Service Business Plan Internship;
(B) successfully fulfilled the requirements of the
internship program; and
(C) subsequently earned an undergraduate or graduate degree
from an accredited institution of higher education.
(3) The direct hire authority under this subsection may not be
exercised with respect to a specific qualified candidate after the
end of the two-year period beginning on the date on which the
candidate completed the undergraduate or graduate degree, as the
case may be.
(b) Local Hire Authority.--Section 1308 of the Alaska National
Interest Lands Conservation Act of 1980 (16 U.S.C. 3198) is amended--
(1) in subsection (a), by striking ``establish a program'' and
inserting ``establish an excepted service appointment authority,'';
(2) in subsection (b), by striking ``competitive service as
defined in section 2102 of such title for which such person is
eligible under subchapter I of chapter 33 of such title, in
selection to such position'' and inserting ``excepted service as
defined in section 2103 of such title'';
(3) in subsection (e), by redesignating paragraph (2) as
paragraph (3) and inserting after paragraph (1) the following new
paragraph (2):
``(2) Conversion to competitive service.--Employees who
satisfactorily complete two years of continuous service in a
permanent appointment made under subsection (a) and who meet
satisfactory performance and competitive service qualification
requirements shall have their appointment converted to competitive
service career-conditional or career employment as appropriate.
This paragraph applies to individuals appointed on or after March
30, 2009. An employee who does not meet competitive service
qualification requirements after two years of continuous service in
an appointment made under subsection (a) shall be converted upon
meeting such qualification requirements. Temporary and time-limited
appointments will be made in the excepted service. There is no
provision for conversion to competitive service when appointments
are time-limited.''.
(c) Gulf of Mexico Region.--For fiscal years 2012 and 2013, funds
made available in this title for the Bureau of Ocean Energy Management
and the Bureau of Safety and Environmental Enforcement may be used by
the Secretary of the Interior to establish higher minimum rates of
basic pay for employees of the Department of the Interior in the Gulf
of Mexico Region in the Geophysicist (GS-1313), Geologist (GS-1350),
and Petroleum Engineer (GS-0881) job series at grades 5 through 15 at
rates no greater than 25 percent above the minimum rates of basic pay
normally scheduled, and such higher rates shall be consistent with the
subsections (e) through (h) of section 5305 of title 5, United States
Code.
bureau of land management actions regarding grazing on public lands
Sec. 122. (a) Exhaustion of Administrative Review Required.--
(1) For fiscal years 2012 and 2013 only, a person may bring a
civil action challenging a decision of the Bureau of Land
Management concerning grazing on public lands (as defined in
section 103(e) of the Federal Land Policy and Management Act of
1976 (43 U.S.C. 1702(e))) in a Federal district court only if the
person has exhausted the administrative hearings and appeals
procedures established by the Department of the Interior, including
having filed a timely appeal and a request for stay.
(2) An issue may be considered in the judicial review of a
decision referred to in paragraph (1) only if the issue was raised
in the administrative review process described in such paragraph.
(3) An exception to the requirement of exhausting the
administrative review process before seeking judicial review shall
be available if a Federal court finds that the agency failed or was
unable to make information timely available during the
administrative review process for issues of material fact. For the
purposes of this paragraph, the term ``timely'' means within 120
calendar days after the date that the challenge to the agency
action or amendment at issue is received for administrative review.
(b) Acceptance of Donation of Certain Existing Permits or Leases.--
(1) During fiscal year 2012 and thereafter, the Secretary of
the Interior shall accept the donation of any valid existing
permits or leases authorizing grazing on public lands within the
California Desert Conservation Area. With respect to each permit or
lease donated under this paragraph, the Secretary shall terminate
the grazing permit or lease, ensure a permanent end (except as
provided in paragraph (2)), to grazing on the land covered by the
permit or lease, and make the land available for mitigation by
allocating the forage to wildlife use consistent with any
applicable Habitat Conservation Plan, section 10(a)(1)(B) permit,
or section 7 consultation under the Endangered Species Act of 1973
(16 U.S.C. 1531 et seq.).
(2) If the land covered by a permit or lease donated under
paragraph (1) is also covered by another valid existing permit or
lease that is not donated under such paragraph, the Secretary of
the Interior shall reduce the authorized grazing level on the land
covered by the permit or lease to reflect the donation of the
permit or lease under paragraph (1). To ensure that there is a
permanent reduction in the level of grazing on the land covered by
a permit or lease donated under paragraph (1), the Secretary shall
not allow grazing use to exceed the authorized level under the
remaining valid existing permit or lease that is not donated.
trailing livestock over public land
Sec. 123. During fiscal years 2012 through 2013 only, the Bureau
of Land Management may, at its sole discretion, review planning and
implementation decisions regarding the trailing of livestock across
public lands, including, but not limited to, issuance of crossing or
trailing authorizations or permits, under the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.). Temporary trailing or
crossing authorizations across public lands shall not be subject to
protest and/or appeal under subpart E of part 4 of title 43, Code of
Federal Regulations, and subpart 4160 of part 4100 of such title.
lease authorization
Sec. 124. (a) In General.--The Secretary of the Interior (referred
to in this section as the ``Secretary'') may lease to the Savannah Bar
Pilots Association, or a successor organization, no more than 30,000
square feet of land and improvements within Fort Pulaski National
Monument (referred to in this section as the ``Monument'') at the
location on Cockspur Island that has been used continuously by the
Savannah Bar Pilots Association since 1940.
(b) Rental Fee and Proceeds.--
(1) Rental fee.--For the lease authorized by this Act, the
Secretary shall require a rental fee based on fair market value
adjusted, as the Secretary deems appropriate, for amounts to be
expended by the lessee for property preservation, maintenance, or
repair and related expenses.
(2) Proceeds.--Disposition of the proceeds from the rental fee
required pursuant to paragraph (1) shall be made in accordance with
section 3(k)(5) of Public Law 91-383 (16 U.S.C. 1a-2(k)(5)).
(c) Terms and Conditions.--A lease entered into under this
section--
(1) shall be for a term of no more than 10 years and, at the
Secretary's discretion, for successive terms of no more than 10
years at a time; and
(2) shall include any terms and conditions the Secretary
determines to be necessary to protect the resources of the Monument
and the public interest.
(d) Exemption From Applicable Law.--Except as provided in section
2(b)(2) of this Act, the lease authorized by this Act shall not be
subject to section 3(k) of Public Law 91-383 (16 U.S.C. 1a-2(k)) or
section 321 of Act of June 30, 1932 (40 U.S.C. 1302).
wild lands funding prohibition
Sec. 125. None of the funds made available in this Act or any
other Act may be used to implement, administer, or enforce Secretarial
Order No. 3310 issued by the Secretary of the Interior on December 22,
2010: Provided, That nothing in this section shall restrict the
Secretary's authorities under sections 201 and 202 of the Federal Land
Policy and Management Act of 1976 (43 U.S.C. 1711 and 1712).
TITLE II
ENVIRONMENTAL PROTECTION AGENCY
Science and Technology
For science and technology, including research and development
activities, which shall include research and development activities
under the Comprehensive Environmental Response, Compensation, and
Liability Act of 1980, as amended; necessary expenses for personnel and
related costs and travel expenses; procurement of laboratory equipment
and supplies; and other operating expenses in support of research and
development, $795,000,000, to remain available until September 30,
2013.
Environmental Programs and Management
For environmental programs and management, including necessary
expenses, not otherwise provided for, for personnel and related costs
and travel expenses; hire of passenger motor vehicles; hire,
maintenance, and operation of aircraft; purchase of reprints; library
memberships in societies or associations which issue publications to
members only or at a price to members lower than to subscribers who are
not members; administrative costs of the brownfields program under the
Small Business Liability Relief and Brownfields Revitalization Act of
2002; and not to exceed $19,000 for official reception and
representation expenses, $2,682,514,000, to remain available until
September 30, 2013: Provided, That of the funds included under this
heading, not less than $410,375,000 shall be for Geographic Programs
specified in the explanatory statement accompanying this Act.
Office of Inspector General
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978, as
amended, $42,000,000, to remain available until September 30, 2013.
Buildings and Facilities
For construction, repair, improvement, extension, alteration, and
purchase of fixed equipment or facilities of, or for use by, the
Environmental Protection Agency, $36,428,000, to remain available until
expended.
Hazardous Substance Superfund
(including transfers of funds)
For necessary expenses to carry out the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980 (CERCLA), as amended,
including sections 111(c)(3), (c)(5), (c)(6), and (e)(4) (42 U.S.C.
9611) $1,215,753,000, to remain available until expended, consisting of
such sums as are available in the Trust Fund on September 30, 2011, as
authorized by section 517(a) of the Superfund Amendments and
Reauthorization Act of 1986 (SARA) and up to $1,215,753,000 as a
payment from general revenues to the Hazardous Substance Superfund for
purposes as authorized by section 517(b) of SARA, as amended:
Provided, That funds appropriated under this heading may be allocated
to other Federal agencies in accordance with section 111(a) of CERCLA:
Provided further, That of the funds appropriated under this heading,
$9,955,000 shall be paid to the ``Office of Inspector General''
appropriation to remain available until September 30, 2013, and
$23,016,000 shall be paid to the ``Science and Technology''
appropriation to remain available until September 30, 2013.
Leaking Underground Storage Tank Trust Fund Program
For necessary expenses to carry out leaking underground storage
tank cleanup activities authorized by subtitle I of the Solid Waste
Disposal Act, as amended, $104,309,000, to remain available until
expended, of which $73,809,000 shall be for carrying out leaking
underground storage tank cleanup activities authorized by section
9003(h) of the Solid Waste Disposal Act, as amended; $30,500,000 shall
be for carrying out the other provisions of the Solid Waste Disposal
Act specified in section 9508(c) of the Internal Revenue Code, as
amended: Provided, That the Administrator is authorized to use
appropriations made available under this heading to implement section
9013 of the Solid Waste Disposal Act to provide financial assistance to
federally recognized Indian tribes for the development and
implementation of programs to manage underground storage tanks.
Inland Oil Spill Programs
For expenses necessary to carry out the Environmental Protection
Agency's responsibilities under the Oil Pollution Act of 1990,
$18,274,000, to be derived from the Oil Spill Liability trust fund, to
remain available until expended.
State and Tribal Assistance Grants
For environmental programs and infrastructure assistance, including
capitalization grants for State revolving funds and performance
partnership grants, $3,618,727,000, to remain available until expended,
of which $1,468,806,000 shall be for making capitalization grants for
the Clean Water State Revolving Funds under title VI of the Federal
Water Pollution Control Act, as amended (the ``Act''); of which
$919,363,000 shall be for making capitalization grants for the Drinking
Water State Revolving Funds under section 1452 of the Safe Drinking
Water Act, as amended: Provided, That for fiscal year 2012, to the
extent there are sufficient eligible project applications, not less
than 10 percent of the funds made available under this title to each
State for Clean Water State Revolving Fund capitalization grants shall
be used by the State for projects to address green infrastructure,
water or energy efficiency improvements, or other environmentally
innovative activities: Provided further, That for fiscal year 2012,
funds made available under this title to each State for Drinking Water
State Revolving Fund capitalization grants may, at the discretion of
each State, be used for projects to address green infrastructure, water
or energy efficiency improvements, or other environmentally innovative
activities; $5,000,000 shall be for architectural, engineering,
planning, design, construction and related activities in connection
with the construction of high priority water and wastewater facilities
in the area of the United States-Mexico Border, after consultation with
the appropriate border commission; $10,000,000 shall be for grants to
the State of Alaska to address drinking water and wastewater
infrastructure needs of rural and Alaska Native Villages: Provided
further, That, of these funds: (1) the State of Alaska shall provide a
match of 25 percent; (2) no more than 5 percent of the funds may be
used for administrative and overhead expenses; and (3) the State of
Alaska shall make awards consistent with the State-wide priority list
established in conjunction with the Agency and the U.S. Department of
Agriculture for all water, sewer, waste disposal, and similar projects
carried out by the State of Alaska that are funded under section 221 of
the Federal Water Pollution Control Act (33 U.S.C. 1301) or the
Consolidated Farm and Rural Development Act (7 U.S.C. 1921 et seq.)
which shall allocate not less than 25 percent of the funds provided for
projects in regional hub communities; $95,000,000 shall be to carry out
section 104(k) of the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (CERCLA), as amended, including
grants, interagency agreements, and associated program support costs;
$30,000,000 shall be for grants under title VII, subtitle G of the
Energy Policy Act of 2005, as amended; and $1,090,558,000 shall be for
grants, including associated program support costs, to States,
federally recognized tribes, interstate agencies, tribal consortia, and
air pollution control agencies for multi-media or single media
pollution prevention, control and abatement and related activities,
including activities pursuant to the provisions set forth under this
heading in Public Law 104-134, and for making grants under section 103
of the Clean Air Act for particulate matter monitoring and data
collection activities subject to terms and conditions specified by the
Administrator, of which $49,396,000 shall be for carrying out section
128 of CERCLA, as amended, $9,980,000 shall be for Environmental
Information Exchange Network grants, including associated program
support costs, $18,463,000 of the funds available for grants under
section 106 of the Act shall be for State participation in national-
and State-level statistical surveys of water resources and enhancements
to State monitoring programs, and, in addition to funds appropriated
under the heading ``Leaking Underground Storage Tank Trust Fund
Program'' to carry out the provisions of the Solid Waste Disposal Act
specified in section 9508(c) of the Internal Revenue Code other than
section 9003(h) of the Solid Waste Disposal Act, as amended, $1,550,000
shall be for grants to States under section 2007(f)(2) of the Solid
Waste Disposal Act, as amended: Provided further, That notwithstanding
section 603(d)(7) of the Federal Water Pollution Control Act, the
limitation on the amounts in a State water pollution control revolving
fund that may be used by a State to administer the fund shall not apply
to amounts included as principal in loans made by such fund in fiscal
year 2012 and prior years where such amounts represent costs of
administering the fund to the extent that such amounts are or were
deemed reasonable by the Administrator, accounted for separately from
other assets in the fund, and used for eligible purposes of the fund,
including administration: Provided further, That for fiscal year 2012,
and notwithstanding section 518(f) of the Act, the Administrator is
authorized to use the amounts appropriated for any fiscal year under
section 319 of that Act to make grants to federally recognized Indian
tribes pursuant to sections 319(h) and 518(e) of that Act: Provided
further, That for fiscal year 2012, notwithstanding the limitation on
amounts in section 518(c) of the Federal Water Pollution Control Act
and section 1452(i) of the Safe Drinking Water Act, up to a total of 2
percent of the funds appropriated for State Revolving Funds under such
Acts may be reserved by the Administrator for grants under section
518(c) and section 1452(i) of such Acts: Provided further, That for
fiscal year 2012, notwithstanding the amounts specified in section
205(c) of the Federal Water Pollution Control Act, up to 1.5 percent of
the aggregate funds appropriated for the Clean Water State Revolving
Fund program under the Act less any sums reserved under section 518(c)
of the Act, may be reserved by the Administrator for grants made under
title II of the Clean Water Act for American Samoa, Guam, the
Commonwealth of the Northern Marianas, and United States Virgin
Islands: Provided further, That for fiscal year 2012, notwithstanding
the limitations on amounts specified in section 1452(j) of the Safe
Drinking Water Act, up to 1.5 percent of the funds appropriated for the
Drinking Water State Revolving Fund programs under the Safe Drinking
Water Act may be reserved by the Administrator for grants made under
section 1452(j) of the Safe Drinking Water Act: Provided further, That
not less than 20 percent but not more than 30 percent of the funds made
available under this title to each State for Clean Water State
Revolving Fund capitalization grants and not less than 20 percent but
not more than 30 percent of the funds made available under this title
to each State for Drinking Water State Revolving Fund capitalization
grants shall be used by the State to provide additional subsidy to
eligible recipients in the form of forgiveness of principal, negative
interest loans, or grants (or any combination of these), and shall be
so used by the State only where such funds are provided as initial
financing for an eligible recipient or to buy, refinance, or
restructure the debt obligations of eligible recipients only where such
debt was incurred on or after the date of enactment of this Act, except
that for the Clean Water State Revolving Fund capitalization grant
appropriation this section shall only apply to the portion that exceeds
$1,000,000,000: Provided further, That no funds provided by this
appropriations Act to address the water, wastewater and other critical
infrastructure needs of the colonias in the United States along the
United States-Mexico border shall be made available to a county or
municipal government unless that government has established an
enforceable local ordinance, or other zoning rule, which prevents in
that jurisdiction the development or construction of any additional
colonia areas, or the development within an existing colonia the
construction of any new home, business, or other structure which lacks
water, wastewater, or other necessary infrastructure: Provided
further, That for fiscal year 2012 and hereafter, the Administrator may
transfer funds provided for tribal set-asides through funds
appropriated for the Clean Water State Revolving Funds and for the
Drinking Water State Revolving Funds between those accounts in such
manner as the Administrator deems appropriate, but not to exceed the
transfer limits given to States under section 302(a) of Public Law 104-
182.
Administrative Provisions--Environmental Protection Agency
(including transfer and rescission of funds)
For fiscal year 2012, notwithstanding 31 U.S.C. 6303(1) and
6305(1), the Administrator of the Environmental Protection Agency, in
carrying out the Agency's function to implement directly Federal
environmental programs required or authorized by law in the absence of
an acceptable tribal program, may award cooperative agreements to
federally recognized Indian tribes or Intertribal consortia, if
authorized by their member tribes, to assist the Administrator in
implementing Federal environmental programs for Indian tribes required
or authorized by law, except that no such cooperative agreements may be
awarded from funds designated for State financial assistance
agreements.
The Administrator of the Environmental Protection Agency is
authorized to collect and obligate pesticide registration service fees
in accordance with section 33 of the Federal Insecticide, Fungicide,
and Rodenticide Act, as amended by Public Law 110-94, the Pesticide
Registration Improvement Renewal Act.
The Administrator is authorized to transfer up to $300,000,000 of
the funds appropriated for the Great Lakes Restoration Initiative under
the heading ``Environmental Programs and Management'' to the head of
any Federal department or agency, with the concurrence of such head, to
carry out activities that would support the Great Lakes Restoration
Initiative and Great Lakes Water Quality Agreement programs, projects,
or activities; to enter into an interagency agreement with the head of
such Federal department or agency to carry out these activities; and to
make grants to governmental entities, nonprofit organizations,
institutions, and individuals for planning, research, monitoring,
outreach, and implementation in furtherance of the Great Lakes
Restoration Initiative and the Great Lakes Water Quality Agreement.
From unobligated balances available to the Administrator of the
Environmental Protection Agency, $50,000,000 are permanently rescinded:
Provided, That of these funds, $5,000,000 shall be rescinded from
unobligated balances within the ``Hazardous Substance Superfund''
account; $5,000,000 shall be rescinded from unobligated Brownfields
balances within the ``State and Tribal Assistance Grants'' account;
$5,000,000 shall be rescinded from unobligated Mexico Border balances
within the ``State and Tribal Assistance Grants'' account; $5,000,000
shall be rescinded from unobligated Diesel Emissions Reduction Act
balances within the ``State and Tribal Assistance Grants'' account;
$20,000,000 shall be rescinded from unobligated categorical grant
balances within the ``State and Tribal Assistance Grants'' account; and
$10,000,000 shall be rescinded from unobligated Clean Water State
Revolving Funds balances within the ``State and Tribal Assistance
Grants'' account: Provided further, That no amounts may be rescinded
from amounts that were designated by the Congress as an emergency
requirement pursuant to the Concurrent Resolution on the Budget or the
Balanced Budget and Emergency Deficit Control Act of 1985, as amended.
For fiscal year 2012 and each fiscal year thereafter, the
requirements of section 513 of the Federal Water Pollution Control Act
(33 U.S.C. 1372) shall apply to the construction of treatment works
carried out in whole or in part with assistance made available by a
State water pollution control revolving fund as authorized by title VI
of that Act (33 U.S.C. 1381 et seq.), or with assistance made available
under section 205(m) of that Act (33 U.S.C. 1285(m)), or both.
For fiscal year 2012 and each fiscal year thereafter, the
requirements of section 1450(e) of the Safe Drinking Water Act (42
U.S.C. 300j-9(e)) shall apply to any construction project carried out
in whole or in part with assistance made available by a drinking water
treatment revolving loan fund as authorized by section 1452 of that Act
(42 U.S.C. 300j-12).
Notwithstanding section 104 of the Comprehensive Environmental
Response, Compensation, and Liability Act (42 U.S.C. 9604), the
Administrator may authorize the expenditure or transfer of up to
$10,000,000 from any appropriation in this title, in addition to the
amounts included in the ``Inland Oil Spill Programs'' account, for
removal activities related to actual oil spills 5 days after notifying
the House and Senate Committees on Appropriations of the intention to
expend or transfer such funds: Provided, That no funds shall be
expended or transferred under this authority until the Administrator
determines that amounts made available for expenditure in the ``Inland
Oil Spill Programs'' account will be exhausted within 30 days:
Provided further, That such funds shall be replenished to the
appropriation that was the source of the expenditure or transfer,
following EPA's receipt of reimbursement from the Oil Spill Liability
Trust Fund pursuant to the Oil Pollution Act of 1990.
TITLE III
RELATED AGENCIES
DEPARTMENT OF AGRICULTURE
Forest Service
forest and rangeland research
For necessary expenses of forest and rangeland research as
authorized by law, $295,773,000, to remain available until expended:
Provided, That of the funds provided, $64,372,000 is for the forest
inventory and analysis program.
state and private forestry
For necessary expenses of cooperating with and providing technical
and financial assistance to States, territories, possessions, and
others, and for forest health management, including treatments of
pests, pathogens, and invasive or noxious plants and for restoring and
rehabilitating forests damaged by pests or invasive plants, cooperative
forestry, and education and land conservation activities and conducting
an international program as authorized, $253,331,000, to remain
available until expended, as authorized by law; of which $53,388,000 is
to be derived from the Land and Water Conservation Fund.
national forest system
For necessary expenses of the Forest Service, not otherwise
provided for, for management, protection, improvement, and utilization
of the National Forest System, $1,556,628,000, to remain available
until expended: Provided, That of the funds provided, $336,049,000
shall be for forest products: Provided further, That of the funds
provided, $40,000,000 shall be deposited in the Collaborative Forest
Landscape Restoration Fund for ecological restoration treatments as
authorized by 16 U.S.C. 7303(f): Provided further, That of the funds
provided, up to $68,000,000 is for the Integrated Resource Restoration
pilot program for Region 1, Region 3 and Region 4: Provided further,
That of the funds provided for forest products, up to $44,585,000 may
be transferred to support the Integrated Resource Restoration pilot
program in the preceding proviso.
capital improvement and maintenance
(including transfer of funds)
For necessary expenses of the Forest Service, not otherwise
provided for, $394,721,000, to remain available until expended, for
construction, capital improvement, maintenance and acquisition of
buildings and other facilities and infrastructure; and for
construction, reconstruction, decommissioning (including
decommissioning unauthorized roads not part of the transportation
system), and maintenance of forest roads and trails by the Forest
Service as authorized by 16 U.S.C. 532-538 and 23 U.S.C. 101 and 205:
Provided, That $45,000,000 shall be designated for urgently needed
road decommissioning, road and trail repair and maintenance and
associated activities, and removal of fish passage barriers, especially
in areas where Forest Service roads may be contributing to water
quality problems in streams and water bodies which support threatened,
endangered, or sensitive species or community water sources: Provided
further, That funds becoming available in fiscal year 2012 under the
Act of March 4, 1913 (16 U.S.C. 501) shall be transferred to the
General Fund of the Treasury and shall not be available for transfer or
obligation for any other purpose unless the funds are appropriated:
Provided further, That of the funds provided for decommissioning of
roads, up to $13,000,000 may be transferred to the ``National Forest
System'' to support the Integrated Resource Restoration pilot program.
land acquisition
For expenses necessary to carry out the provisions of the Land and
Water Conservation Fund Act of 1965, as amended (16 U.S.C. 460l-4
through 11), including administrative expenses, and for acquisition of
land or waters, or interest therein, in accordance with statutory
authority applicable to the Forest Service, $52,605,000, to be derived
from the Land and Water Conservation Fund and to remain available until
expended.
acquisition of lands for national forests special acts
For acquisition of lands within the exterior boundaries of the
Cache, Uinta, and Wasatch National Forests, Utah; the Toiyabe National
Forest, Nevada; and the Angeles, San Bernardino, Sequoia, and Cleveland
National Forests, California, as authorized by law, $955,000, to be
derived from forest receipts.
acquisition of lands to complete land exchanges
For acquisition of lands, such sums, to be derived from funds
deposited by State, county, or municipal governments, public school
districts, or other public school authorities, and for authorized
expenditures from funds deposited by non-Federal parties pursuant to
Land Sale and Exchange Acts, pursuant to the Act of December 4, 1967,
as amended (16 U.S.C. 484a), to remain available until expended (16
U.S.C. 460l-516-617a, 555a; Public Law 96-586; Public Law 76-589, 76-
591; and Public Law 78-310).
range betterment fund
For necessary expenses of range rehabilitation, protection, and
improvement, 50 percent of all moneys received during the prior fiscal
year, as fees for grazing domestic livestock on lands in National
Forests in the 16 Western States, pursuant to section 401(b)(1) of
Public Law 94-579, as amended, to remain available until expended, of
which not to exceed 6 percent shall be available for administrative
expenses associated with on-the-ground range rehabilitation,
protection, and improvements.
gifts, donations and bequests for forest and rangeland research
For expenses authorized by 16 U.S.C. 1643(b), $45,000, to remain
available until expended, to be derived from the fund established
pursuant to the above Act.
management of national forest lands for subsistence uses
For necessary expenses of the Forest Service to manage Federal
lands in Alaska for subsistence uses under title VIII of the Alaska
National Interest Lands Conservation Act (Public Law 96-487),
$2,577,000, to remain available until expended.
wildland fire management
(including transfers of funds)
For necessary expenses for forest fire presuppression activities on
National Forest System lands, for emergency fire suppression on or
adjacent to such lands or other lands under fire protection agreement,
hazardous fuels reduction on or adjacent to such lands, and for
emergency rehabilitation of burned-over National Forest System lands
and water, $1,737,631,000, to remain available until expended:
Provided, That such funds including unobligated balances under this
heading, are available for repayment of advances from other
appropriations accounts previously transferred for such purposes:
Provided further, That such funds shall be available to reimburse State
and other cooperating entities for services provided in response to
wildfire and other emergencies or disasters to the extent such
reimbursements by the Forest Service for non-fire emergencies are fully
repaid by the responsible emergency management agency: Provided
further, That, notwithstanding any other provision of law, $7,262,000
of funds appropriated under this appropriation shall be available for
the Forest Service in support of fire science research authorized by
the Joint Fire Science Program, including all Forest Service
authorities for the use of funds, such as contracts, grants, research
joint venture agreements, and cooperative agreements: Provided
further, That all authorities for the use of funds, including the use
of contracts, grants, and cooperative agreements, available to execute
the Forest and Rangeland Research appropriation, are also available in
the utilization of these funds for Fire Science Research: Provided
further, That funds provided shall be available for emergency
rehabilitation and restoration, hazardous fuels reduction activities in
the urban-wildland interface, support to Federal emergency response,
and wildfire suppression activities of the Forest Service: Provided
further, That of the funds provided, $317,584,000 is for hazardous
fuels reduction activities, $21,734,000 is for research activities and
to make competitive research grants pursuant to the Forest and
Rangeland Renewable Resources Research Act, as amended (16 U.S.C. 1641
et seq.), $55,564,000 is for State fire assistance, $6,366,000 is for
volunteer fire assistance, $15,983,000 is for forest health activities
on Federal lands and $8,366,000 is for forest health activities on
State and private lands: Provided further, That amounts in this
paragraph may be transferred to the ``State and Private Forestry'',
``National Forest System'', and ``Forest and Rangeland Research''
accounts to fund State fire assistance, volunteer fire assistance,
forest health management, forest and rangeland research, the Joint Fire
Science Program, vegetation and watershed management, heritage site
rehabilitation, and wildlife and fish habitat management and
restoration: Provided further, That the costs of implementing any
cooperative agreement between the Federal Government and any non-
Federal entity may be shared, as mutually agreed on by the affected
parties: Provided further, That up to $15,000,000 of the funds
provided herein may be used by the Secretary of Agriculture to enter
into procurement contracts or cooperative agreements or to issue grants
for hazardous fuels reduction and for training or monitoring associated
with such hazardous fuels reduction activities on Federal land or on
non-Federal land if the Secretary determines such activities implement
a community wildfire protection plan (or equivalent) and benefit
resources on Federal land: Provided further, That funds made available
to implement the Community Forest Restoration Act, Public Law 106-393,
title VI, shall be available for use on non-Federal lands in accordance
with authorities made available to the Forest Service under the ``State
and Private Forestry'' appropriation: Provided further, That the
Secretary of the Interior and the Secretary of Agriculture may
authorize the transfer of funds appropriated for wildland fire
management, in an aggregate amount not to exceed $50,000,000, between
the Departments when such transfers would facilitate and expedite
wildland fire management programs and projects: Provided further, That
of the funds provided for hazardous fuels reduction, not to exceed
$5,000,000 may be used to make grants, using any authorities available
to the Forest Service under the ``State and Private Forestry''
appropriation, for the purpose of creating incentives for increased use
of biomass from National Forest System lands: Provided further, That
no amounts may be cancelled from amounts that were designated by the
Congress as an emergency requirement pursuant to the Concurrent
Resolution on the Budget or the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended: Provided further, That before
obligating any of the funds provided herein for wildland fire
suppression, the Secretary of Agriculture shall obligate all
unobligated balances previously made available under this heading
(including the unobligated balances transferred to Forest Service
accounts under this heading by division B of the Consolidated Security,
Disaster Assistance, and Continuing Appropriations Act, 2009 (Public
Law 110-329, 122 Stat. 3594)) that, when appropriated, were designated
by Congress as an emergency requirement pursuant to the Concurrent
Resolution on the Budget or the Balanced Budget and Emergency Deficit
Control Act of 1985 and notify the Committees on Appropriations of the
House of Representatives and the Senate in writing of the imminent need
to begin obligating funds provided herein for wildland fire
suppression: Provided further, That funds designated for wildfire
suppression, including funds transferred from the ``FLAME Wildfire
Suppression Reserve Fund'', shall be assessed for cost pools on the
same basis as such assessments are calculated against other agency
programs: Provided further, That of the funds for hazardous fuels
reduction, up to $21,000,000 may be transferred to the ``National
Forest System'' to support the Integrated Resource Restoration pilot
program.
Flame Wildfire Suppression Reserve Fund
(including transfers of funds)
For necessary expenses for large fire suppression operations of the
Department of Agriculture and as a reserve fund for suppression and
Federal emergency response activities, $315,886,000, to remain
available until expended: Provided, That such amounts are available
only for transfer to the ``Wildland Fire Management'' account and only
following a declaration by the Secretary that either (1) a wildland
fire suppression event meets certain previously established risk-based
written criteria for significant complexity, severity, or threat posed
by the fire or (2) funds in the ``Wildland Fire Management'' account
will be exhausted within 30 days.
administrative provisions--forest service
(including transfers of funds)
Appropriations to the Forest Service for the current fiscal year
shall be available for: (1) purchase of passenger motor vehicles;
acquisition of passenger motor vehicles from excess sources, and hire
of such vehicles; purchase, lease, operation, maintenance, and
acquisition of aircraft from excess sources to maintain the operable
fleet for use in Forest Service wildland fire programs and other Forest
Service programs; notwithstanding other provisions of law, existing
aircraft being replaced may be sold, with proceeds derived or trade-in
value used to offset the purchase price for the replacement aircraft;
(2) services pursuant to 7 U.S.C. 2225, and not to exceed $100,000 for
employment under 5 U.S.C. 3109; (3) purchase, erection, and alteration
of buildings and other public improvements (7 U.S.C. 2250); (4)
acquisition of land, waters, and interests therein pursuant to 7 U.S.C.
428a; (5) for expenses pursuant to the Volunteers in the National
Forest Act of 1972 (16 U.S.C. 558a, 558d, and 558a note); (6) the cost
of uniforms as authorized by 5 U.S.C. 5901-5902; and (7) for debt
collection contracts in accordance with 31 U.S.C. 3718(c).
Any appropriations or funds available to the Forest Service may be
transferred to the Wildland Fire Management appropriation for forest
firefighting, emergency rehabilitation of burned-over or damaged lands
or waters under its jurisdiction, and fire preparedness due to severe
burning conditions upon the Secretary's notification of the House and
Senate Committees on Appropriations that all fire suppression funds
appropriated under the headings ``Wildland Fire Management'' and
``FLAME Wildfire Suppression Reserve Fund'' will be obligated within 30
days: Provided, That all funds used pursuant to this paragraph must be
replenished by a supplemental appropriation which must be requested as
promptly as possible.
Funds appropriated to the Forest Service shall be available for
assistance to or through the Agency for International Development in
connection with forest and rangeland research, technical information,
and assistance in foreign countries, and shall be available to support
forestry and related natural resource activities outside the United
States and its territories and possessions, including technical
assistance, education and training, and cooperation with U.S., private,
and international organizations. The Forest Service, acting for the
International Program, may sign direct funding agreements with foreign
governments and institutions as well as other domestic agencies
(including the U.S. Agency for International Development, the
Department of State, and the Millennium Challenge Corporation), U.S.
private sector firms, institutions and organizations to provide
technical assistance and training programs overseas on forestry and
rangeland management.
None of the funds made available to the Forest Service in this Act
or any other Act with respect to any fiscal year shall be subject to
transfer under the provisions of section 702(b) of the Department of
Agriculture Organic Act of 1944 (7 U.S.C. 2257), section 442 of Public
Law 106-224 (7 U.S.C. 7772), or section 10417(b) of Public Law 107-107
(7 U.S.C. 8316(b)).
None of the funds available to the Forest Service may be
reprogrammed without the advance approval of the House and Senate
Committees on Appropriations in accordance with the reprogramming
procedures contained in the joint explanatory statement of the managers
accompanying this Act.
Not more than $82,000,000 of funds available to the Forest Service
shall be transferred to the Working Capital Fund of the Department of
Agriculture and not more than $14,500,000 of funds available to the
Forest Service shall be transferred to the Department of Agriculture
for Department Reimbursable Programs, commonly referred to as Greenbook
charges. Nothing in this paragraph shall prohibit or limit the use of
reimbursable agreements requested by the Forest Service in order to
obtain services from the Department of Agriculture's National
Information Technology Center. Nothing in this paragraph shall limit
the Forest Service portion of implementation costs to be paid to the
Department of Agriculture for the Financial Management Modernization
Initiative.
Of the funds available to the Forest Service up to $5,000,000 shall
be available for priority projects within the scope of the approved
budget, which shall be carried out by the Youth Conservation Corps and
shall be carried out under the authority of the Public Lands Corps Act
of 1993, Public Law 103-82, as amended by Public Lands Corps Healthy
Forests Restoration Act of 2005, Public Law 109-154.
Of the funds available to the Forest Service, $4,000 is available
to the Chief of the Forest Service for official reception and
representation expenses.
Pursuant to sections 405(b) and 410(b) of Public Law 101-593, of
the funds available to the Forest Service, up to $3,000,000 may be
advanced in a lump sum to the National Forest Foundation to aid
conservation partnership projects in support of the Forest Service
mission, without regard to when the Foundation incurs expenses, for
projects on or benefitting National Forest System lands or related to
Forest Service programs: Provided, That of the Federal funds made
available to the Foundation, no more than $300,000 shall be available
for administrative expenses: Provided further, That the Foundation
shall obtain, by the end of the period of Federal financial assistance,
private contributions to match on at least one-for-one basis funds made
available by the Forest Service: Provided further, That the Foundation
may transfer Federal funds to a Federal or a non-Federal recipient for
a project at the same rate that the recipient has obtained the non-
Federal matching funds: Provided further, That authorized investments
of Federal funds held by the Foundation may be made only in interest-
bearing obligations of the United States or in obligations guaranteed
as to both principal and interest by the United States.
Pursuant to section 2(b)(2) of Public Law 98-244, $3,000,000 of the
funds available to the Forest Service may be advanced to the National
Fish and Wildlife Foundation in a lump sum to aid cost-share
conservation projects, without regard to when expenses are incurred, on
or benefitting National Forest System lands or related to Forest
Service programs: Provided, That such funds shall be matched on at
least a one-for-one basis by the Foundation or its sub-recipients:
Provided further, That the Foundation may transfer Federal funds to a
Federal or non-Federal recipient for a project at the same rate that
the recipient has obtained the non-Federal matching funds.
Funds appropriated to the Forest Service shall be available for
interactions with and providing technical assistance to rural
communities and natural resource-based businesses for sustainable rural
development purposes.
Funds appropriated to the Forest Service shall be available for
payments to counties within the Columbia River Gorge National Scenic
Area, pursuant to section 14(c)(1) and (2), and section 16(a)(2) of
Public Law 99-663.
Any funds appropriated to the Forest Service may be used to meet
the non-Federal share requirement in section 502(c) of the Older
American Act of 1965 (42 U.S.C. 3056(c)(2)).
Funds available to the Forest Service, not to exceed $55,000,000,
shall be assessed for the purpose of performing fire, administrative
and other facilities maintenance and decommissioning. Such assessments
shall occur using a square foot rate charged on the same basis the
agency uses to assess programs for payment of rent, utilities, and
other support services.
Notwithstanding any other provision of law, any appropriations or
funds available to the Forest Service not to exceed $500,000 may be
used to reimburse the Office of the General Counsel (OGC), Department
of Agriculture, for travel and related expenses incurred as a result of
OGC assistance or participation requested by the Forest Service at
meetings, training sessions, management reviews, land purchase
negotiations and similar nonlitigation-related matters. Future budget
justifications for both the Forest Service and the Department of
Agriculture should clearly display the sums previously transferred and
the requested funding transfers.
An eligible individual who is employed in any project funded under
title V of the Older American Act of 1965 (42 U.S.C. 3056 et seq.) and
administered by the Forest Service shall be considered to be a Federal
employee for purposes of chapter 171 of title 28, United States Code.
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Indian Health Service
indian health services
For expenses necessary to carry out the Act of August 5, 1954 (68
Stat. 674), the Indian Self-Determination Act, the Indian Health Care
Improvement Act, and titles II and III of the Public Health Service Act
with respect to the Indian Health Service, $3,872,377,000, together
with payments received during the fiscal year pursuant to 42 U.S.C.
238(b) and 238b for services furnished by the Indian Health Service:
Provided, That funds made available to tribes and tribal organizations
through contracts, grant agreements, or any other agreements or
compacts authorized by the Indian Self-Determination and Education
Assistance Act of 1975 (25 U.S.C. 450), shall be deemed to be obligated
at the time of the grant or contract award and thereafter shall remain
available to the tribe or tribal organization without fiscal year
limitation: Provided further, That $844,927,000 for contract medical
care, including $51,500,000 for the Indian Catastrophic Health
Emergency Fund, shall remain available until expended: Provided
further, That of the funding provided for information technology
activities and, notwithstanding any other provision of law, $4,000,000
shall be allocated at the discretion of the Director of the Indian
Health Service: Provided further, That of the funds provided, up to
$36,000,000 shall remain available until expended for implementation of
the loan repayment program under section 108 of the Indian Health Care
Improvement Act: Provided further, That the amounts collected by the
Federal Government as authorized by sections 104 and 108 of the Indian
Health Care Improvement Act (25 U.S.C. 1613a and 1616a) during the
preceding fiscal year for breach of contracts shall be deposited to the
Fund authorized by section 108A of the Act (25 U.S.C. 1616a-1) and
shall remain available until expended and, notwithstanding section
108A(c) of the Act (25 U.S.C. 1616a-1(c)), funds shall be available to
make new awards under the loan repayment and scholarship programs under
sections 104 and 108 of the Act (25 U.S.C. 1613a and 1616a): Provided
further, That notwithstanding any other provision of law, the amounts
made available within this account for the methamphetamine and suicide
prevention and treatment initiative and for the domestic violence
prevention initiative shall be allocated at the discretion of the
Director of the Indian Health Service and shall remain available until
expended: Provided further, That funds provided in this Act may be
used for annual contracts and grants that fall within 2 fiscal years,
provided the total obligation is recorded in the year the funds are
appropriated: Provided further, That the amounts collected by the
Secretary of Health and Human Services under the authority of title IV
of the Indian Health Care Improvement Act shall remain available until
expended for the purpose of achieving compliance with the applicable
conditions and requirements of titles XVIII and XIX of the Social
Security Act, except for those related to the planning, design, or
construction of new facilities: Provided further, That funding
contained herein for scholarship programs under the Indian Health Care
Improvement Act (25 U.S.C. 1613) shall remain available until expended:
Provided further, That amounts received by tribes and tribal
organizations under title IV of the Indian Health Care Improvement Act
shall be reported and accounted for and available to the receiving
tribes and tribal organizations until expended: Provided further,
That, notwithstanding any other provision of law, of the amounts
provided herein, not to exceed $472,193,000 shall be for payments to
tribes and tribal organizations for contract or grant support costs
associated with contracts, grants, self-governance compacts, or annual
funding agreements between the Indian Health Service and a tribe or
tribal organization pursuant to the Indian Self-Determination Act of
1975, as amended, prior to or during fiscal year 2012, of which not to
exceed $10,000,000 may be used for contract support costs associated
with new or expanded self-determination contracts, grants, self-
governance compacts, or annual funding agreements: Provided further,
That the Bureau of Indian Affairs may collect from the Indian Health
Service, tribes and tribal organizations operating health facilities
pursuant to Public Law 93-638, such individually identifiable health
information relating to disabled children as may be necessary for the
purpose of carrying out its functions under the Individuals with
Disabilities Education Act (20 U.S.C. 1400, et seq.): Provided
further, That the Indian Health Care Improvement Fund may be used, as
needed, to carry out activities typically funded under the Indian
Health Facilities account.
indian health facilities
For construction, repair, maintenance, improvement, and equipment
of health and related auxiliary facilities, including quarters for
personnel; preparation of plans, specifications, and drawings;
acquisition of sites, purchase and erection of modular buildings, and
purchases of trailers; and for provision of domestic and community
sanitation facilities for Indians, as authorized by section 7 of the
Act of August 5, 1954 (42 U.S.C. 2004a), the Indian Self-Determination
Act, and the Indian Health Care Improvement Act, and for expenses
necessary to carry out such Acts and titles II and III of the Public
Health Service Act with respect to environmental health and facilities
support activities of the Indian Health Service, $441,052,000, to
remain available until expended: Provided, That notwithstanding any
other provision of law, funds appropriated for the planning, design,
construction, renovation or expansion of health facilities for the
benefit of an Indian tribe or tribes may be used to purchase land on
which such facilities will be located: Provided further, That not to
exceed $500,000 shall be used by the Indian Health Service to purchase
TRANSAM equipment from the Department of Defense for distribution to
the Indian Health Service and tribal facilities: Provided further,
That none of the funds appropriated to the Indian Health Service may be
used for sanitation facilities construction for new homes funded with
grants by the housing programs of the United States Department of
Housing and Urban Development: Provided further, That not to exceed
$2,700,000 from this account and the ``Indian Health Services'' account
shall be used by the Indian Health Service to obtain ambulances for the
Indian Health Service and tribal facilities in conjunction with an
existing interagency agreement between the Indian Health Service and
the General Services Administration: Provided further, That not to
exceed $500,000 shall be placed in a Demolition Fund, to remain
available until expended, and be used by the Indian Health Service for
the demolition of Federal buildings.
administrative provisions--indian health service
Appropriations provided in this Act to the Indian Health Service
shall be available for services as authorized by 5 U.S.C. 3109 at rates
not to exceed the per diem rate equivalent to the maximum rate payable
for senior-level positions under 5 U.S.C. 5376; hire of passenger motor
vehicles and aircraft; purchase of medical equipment; purchase of
reprints; purchase, renovation and erection of modular buildings and
renovation of existing facilities; payments for telephone service in
private residences in the field, when authorized under regulations
approved by the Secretary; uniforms or allowances therefor as
authorized by 5 U.S.C. 5901-5902; and for expenses of attendance at
meetings that relate to the functions or activities of the Indian
Health Service: Provided, That in accordance with the provisions of
the Indian Health Care Improvement Act, non-Indian patients may be
extended health care at all tribally administered or Indian Health
Service facilities, subject to charges, and the proceeds along with
funds recovered under the Federal Medical Care Recovery Act (42 U.S.C.
2651-2653) shall be credited to the account of the facility providing
the service and shall be available without fiscal year limitation:
Provided further, That notwithstanding any other law or regulation,
funds transferred from the Department of Housing and Urban Development
to the Indian Health Service shall be administered under Public Law 86-
121, the Indian Sanitation Facilities Act and Public Law 93-638, as
amended: Provided further, That funds appropriated to the Indian
Health Service in this Act, except those used for administrative and
program direction purposes, shall not be subject to limitations
directed at curtailing Federal travel and transportation: Provided
further, That none of the funds made available to the Indian Health
Service in this Act shall be used for any assessments or charges by the
Department of Health and Human Services unless identified in the budget
justification and provided in this Act, or approved by the House and
Senate Committees on Appropriations through the reprogramming process:
Provided further, That notwithstanding any other provision of law,
funds previously or herein made available to a tribe or tribal
organization through a contract, grant, or agreement authorized by
title I or title V of the Indian Self-Determination and Education
Assistance Act of 1975 (25 U.S.C. 450), may be deobligated and
reobligated to a self-determination contract under title I, or a self-
governance agreement under title V of such Act and thereafter shall
remain available to the tribe or tribal organization without fiscal
year limitation: Provided further, That none of the funds made
available to the Indian Health Service in this Act shall be used to
implement the final rule published in the Federal Register on September
16, 1987, by the Department of Health and Human Services, relating to
the eligibility for the health care services of the Indian Health
Service until the Indian Health Service has submitted a budget request
reflecting the increased costs associated with the proposed final rule,
and such request has been included in an appropriations Act and enacted
into law: Provided further, That with respect to functions transferred
by the Indian Health Service to tribes or tribal organizations, the
Indian Health Service is authorized to provide goods and services to
those entities on a reimbursable basis, including payments in advance
with subsequent adjustment, and the reimbursements received therefrom,
along with the funds received from those entities pursuant to the
Indian Self-Determination Act, may be credited to the same or
subsequent appropriation account from which the funds were originally
derived, with such amounts to remain available until expended:
Provided further, That reimbursements for training, technical
assistance, or services provided by the Indian Health Service will
contain total costs, including direct, administrative, and overhead
associated with the provision of goods, services, or technical
assistance: Provided further, That the appropriation structure for the
Indian Health Service may not be altered without advance notification
to the House and Senate Committees on Appropriations.
National Institutes of Health
national institute of environmental health sciences
For necessary expenses for the National Institute of Environmental
Health Sciences in carrying out activities set forth in section 311(a)
of the Comprehensive Environmental Response, Compensation, and
Liability Act of 1980, as amended, and section 126(g) of the Superfund
Amendments and Reauthorization Act of 1986, $79,054,000.
Agency for Toxic Substances and Disease Registry
toxic substances and environmental public health
For necessary expenses for the Agency for Toxic Substances and
Disease Registry (ATSDR) in carrying out activities set forth in
sections 104(i) and 111(c)(4) of the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980 (CERCLA), as amended;
section 118(f) of the Superfund Amendments and Reauthorization Act of
1986 (SARA), as amended; and section 3019 of the Solid Waste Disposal
Act, as amended, $76,337,000, of which up to $1,000 per eligible
employee of the Agency for Toxic Substances and Disease Registry shall
remain available until expended for Individual Learning Accounts:
Provided, That notwithstanding any other provision of law, in lieu of
performing a health assessment under section 104(i)(6) of CERCLA, the
Administrator of ATSDR may conduct other appropriate health studies,
evaluations, or activities, including, without limitation, biomedical
testing, clinical evaluations, medical monitoring, and referral to
accredited healthcare providers: Provided further, That in performing
any such health assessment or health study, evaluation, or activity,
the Administrator of ATSDR shall not be bound by the deadlines in
section 104(i)(6)(A) of CERCLA: Provided further, That none of the
funds appropriated under this heading shall be available for ATSDR to
issue in excess of 40 toxicological profiles pursuant to section 104(I)
of CERCLA during fiscal year 2012, and existing profiles may be updated
as necessary.
OTHER RELATED AGENCIES
Executive Office of the President
council on environmental quality and office of environmental quality
For necessary expenses to continue functions assigned to the
Council on Environmental Quality and Office of Environmental Quality
pursuant to the National Environmental Policy Act of 1969, the
Environmental Quality Improvement Act of 1970, and Reorganization Plan
No. 1 of 1977, and not to exceed $750 for official reception and
representation expenses, $3,153,000: Provided, That notwithstanding
section 202 of the National Environmental Policy Act of 1970, the
Council shall consist of one member, appointed by the President, by and
with the advice and consent of the Senate, serving as chairman and
exercising all powers, functions, and duties of the Council.
Chemical Safety and Hazard Investigation Board
salaries and expenses
For necessary expenses in carrying out activities pursuant to
section 112(r)(6) of the Clean Air Act, as amended, including hire of
passenger vehicles, uniforms or allowances therefor, as authorized by 5
U.S.C. 5901-5902, and for services authorized by 5 U.S.C. 3109 but at
rates for individuals not to exceed the per diem equivalent to the
maximum rate payable for senior level positions under 5 U.S.C. 5376,
$11,147,000: Provided, That the Chemical Safety and Hazard
Investigation Board (Board) shall have not more than three career
Senior Executive Service positions: Provided further, That
notwithstanding any other provision of law, the individual appointed to
the position of Inspector General of the Environmental Protection
Agency (EPA) shall, by virtue of such appointment, also hold the
position of Inspector General of the Board: Provided further, That
notwithstanding any other provision of law, the Inspector General of
the Board shall utilize personnel of the Office of Inspector General of
EPA in performing the duties of the Inspector General of the Board, and
shall not appoint any individuals to positions within the Board.
Office of Navajo and Hopi Indian Relocation
salaries and expenses
For necessary expenses of the Office of Navajo and Hopi Indian
Relocation as authorized by Public Law 93-531, $7,750,000, to remain
available until expended: Provided, That funds provided in this or any
other appropriations Act are to be used to relocate eligible
individuals and groups including evictees from District 6, Hopi-
partitioned lands residents, those in significantly substandard
housing, and all others certified as eligible and not included in the
preceding categories: Provided further, That none of the funds
contained in this or any other Act may be used by the Office of Navajo
and Hopi Indian Relocation to evict any single Navajo or Navajo family
who, as of November 30, 1985, was physically domiciled on the lands
partitioned to the Hopi Tribe unless a new or replacement home is
provided for such household: Provided further, That no relocatee will
be provided with more than one new or replacement home: Provided
further, That the Office shall relocate any certified eligible
relocatees who have selected and received an approved homesite on the
Navajo reservation or selected a replacement residence off the Navajo
reservation or on the land acquired pursuant to 25 U.S.C. 640d-10.
Institute of American Indian and Alaska Native Culture and Arts
Development
payment to the institute
For payment to the Institute of American Indian and Alaska Native
Culture and Arts Development, as authorized by title XV of Public Law
99-498, as amended (20 U.S.C. 56 part A), $8,533,000.
Smithsonian Institution
salaries and expenses
For necessary expenses of the Smithsonian Institution, as
authorized by law, including research in the fields of art, science,
and history; development, preservation, and documentation of the
National Collections; presentation of public exhibits and performances;
collection, preparation, dissemination, and exchange of information and
publications; conduct of education, training, and museum assistance
programs; maintenance, alteration, operation, lease agreements of no
more than 30 years, and protection of buildings, facilities, and
approaches; not to exceed $100,000 for services as authorized by 5
U.S.C. 3109; and purchase, rental, repair, and cleaning of uniforms for
employees, $636,530,000, to remain available until September 30, 2013,
except as otherwise provided herein; of which not to exceed $20,137,000
for the instrumentation program, collections acquisition, exhibition
reinstallation, the National Museum of African American History and
Culture, and the repatriation of skeletal remains program shall remain
available until expended; and including such funds as may be necessary
to support American overseas research centers: Provided, That funds
appropriated herein are available for advance payments to independent
contractors performing research services or participating in official
Smithsonian presentations.
facilities capital
For necessary expenses of repair, revitalization, and alteration of
facilities owned or occupied by the Smithsonian Institution, by
contract or otherwise, as authorized by section 2 of the Act of August
22, 1949 (63 Stat. 623), and for construction, including necessary
personnel, $175,000,000, to remain available until expended, of which
not to exceed $10,000 is for services as authorized by 5 U.S.C. 3109,
and of which $75,000,000 shall be to complete design and begin
construction of the National Museum of African American History and
Culture: Provided, That during fiscal year 2012 and any succeeding
fiscal year, a single procurement for construction of the National
Museum of African American History and Culture, as authorized under
section 8 of the National Museum of African American History and
Culture Act (20 U.S.C. 80r-6), may be issued that includes the full
scope of the project: Provided further, That the solicitation and
contract shall contain the clause ``availability of funds'' found at 48
CFR 52.232.18.
National Gallery of Art
salaries and expenses
For the upkeep and operations of the National Gallery of Art, the
protection and care of the works of art therein, and administrative
expenses incident thereto, as authorized by the Act of March 24, 1937
(50 Stat. 51), as amended by the public resolution of April 13, 1939
(Public Resolution 9, Seventy-sixth Congress), including services as
authorized by 5 U.S.C. 3109; payment in advance when authorized by the
treasurer of the Gallery for membership in library, museum, and art
associations or societies whose publications or services are available
to members only, or to members at a price lower than to the general
public; purchase, repair, and cleaning of uniforms for guards, and
uniforms, or allowances therefor, for other employees as authorized by
law (5 U.S.C. 5901-5902); purchase or rental of devices and services
for protecting buildings and contents thereof, and maintenance,
alteration, improvement, and repair of buildings, approaches, and
grounds; and purchase of services for restoration and repair of works
of art for the National Gallery of Art by contracts made, without
advertising, with individuals, firms, or organizations at such rates or
prices and under such terms and conditions as the Gallery may deem
proper, $114,066,000, of which not to exceed $3,481,000 for the special
exhibition program shall remain available until expended.
repair, restoration, and renovation of buildings
For necessary expenses of repair, restoration and renovation of
buildings, grounds and facilities owned or occupied by the National
Gallery of Art, by contract or otherwise, for operating lease
agreements of no more than 10 years, with no extensions or renewals
beyond the 10 years, that address space needs created by the ongoing
renovations in the Master Facilities Plan, as authorized, $14,516,000,
to remain available until expended: Provided, That contracts awarded
for environmental systems, protection systems, and exterior repair or
renovation of buildings of the National Gallery of Art may be
negotiated with selected contractors and awarded on the basis of
contractor qualifications as well as price.
John F. Kennedy Center for the Performing Arts
operations and maintenance
For necessary expenses for the operation, maintenance and security
of the John F. Kennedy Center for the Performing Arts, $23,200,000.
capital repair and restoration
For necessary expenses for capital repair and restoration of the
existing features of the building and site of the John F. Kennedy
Center for the Performing Arts, $13,650,000, to remain available until
expended.
Woodrow Wilson International Center for Scholars
salaries and expenses
For expenses necessary in carrying out the provisions of the
Woodrow Wilson Memorial Act of 1968 (82 Stat. 1356) including hire of
passenger vehicles and services as authorized by 5 U.S.C. 3109,
$11,005,000, to remain available until September 30, 2013.
National Foundation on the Arts and the Humanities
National Endowment for the Arts
grants and administration
For necessary expenses to carry out the National Foundation on the
Arts and the Humanities Act of 1965, $146,255,000 shall be available to
the National Endowment for the Arts for the support of projects and
productions in the arts, including arts education and public outreach
activities, through assistance to organizations and individuals
pursuant to section 5 of the Act, for program support, and for
administering the functions of the Act, to remain available until
expended.
National Endowment for the Humanities
grants and administration
For necessary expenses to carry out the National Foundation on the
Arts and the Humanities Act of 1965, $146,255,000, to remain available
until expended, of which $135,500,000 shall be available for support of
activities in the humanities, pursuant to section 7(c) of the Act and
for administering the functions of the Act; and $10,755,000 shall be
available to carry out the matching grants program pursuant to section
10(a)(2) of the Act including $8,370,000 for the purposes of section
7(h): Provided, That appropriations for carrying out section 10(a)(2)
shall be available for obligation only in such amounts as may be equal
to the total amounts of gifts, bequests, and devises of money, and
other property accepted by the chairman or by grantees of the Endowment
under the provisions of subsections 11(a)(2)(B) and 11(a)(3)(B) during
the current and preceding fiscal years for which equal amounts have not
previously been appropriated.
Administrative Provisions
None of the funds appropriated to the National Foundation on the
Arts and the Humanities may be used to process any grant or contract
documents which do not include the text of 18 U.S.C. 1913: Provided,
That none of the funds appropriated to the National Foundation on the
Arts and the Humanities may be used for official reception and
representation expenses: Provided further, That funds from
nonappropriated sources may be used as necessary for official reception
and representation expenses: Provided further, That the Chairperson of
the National Endowment for the Arts may approve grants of up to
$10,000, if in the aggregate this amount does not exceed 5 percent of
the sums appropriated for grantmaking purposes per year: Provided
further, That such small grant actions are taken pursuant to the terms
of an expressed and direct delegation of authority from the National
Council on the Arts to the Chairperson.
Commission of Fine Arts
salaries and expenses
For expenses of the Commission of Fine Arts under Chapter 91 of
title 40, United States Code, $2,400,000: Provided, That the
Commission is authorized to charge fees to cover the full costs of its
publications, and such fees shall be credited to this account as an
offsetting collection, to remain available until expended without
further appropriation: Provided further, That the Commission is
authorized to accept gifts, including objects, papers, artwork,
drawings and artifacts, that pertain to the history and design of the
Nation's Capital or the history and activities of the Commission of
Fine Arts, for the purpose of artistic display, study or education.
National Capital Arts and Cultural Affairs
For necessary expenses as authorized by Public Law 99-190 (20
U.S.C. 956a), as amended, $2,000,000.
administrative provision
The item relating to ``National Capital Arts and Cultural Affairs''
in the Department of the Interior and Related Agencies Appropriations
Act, 1986, as enacted into law by section 101(d) of Public Law 99-190
(99 Stat. 1261; 20 U.S.C. 956a) is amended--
(1) by deleting the last sentence in the second paragraph and
replacing it with the following: ``Each eligible organization must
have its principal place of business in the District of Columbia
and in a facility or facilities located in the District of
Columbia.''; and
(2) In the third paragraph, by deleting ``in addition to those
herein named'' at the end of the sentence.
Advisory Council on Historic Preservation
salaries and expenses
For necessary expenses of the Advisory Council on Historic
Preservation (Public Law 89-665, as amended), $6,108,000.
National Capital Planning Commission
salaries and expenses
For necessary expenses of the National Capital Planning Commission
under chapter 87 of title 40, United States Code, including services as
authorized by 5 U.S.C. 3109, $8,154,000: Provided, That one-quarter of
1 percent of the funds provided under this heading may be used for
official reception and representational expenses associated with
hosting international visitors engaged in the planning and physical
development of world capitals.
United States Holocaust Memorial Museum
holocaust memorial museum
For expenses of the Holocaust Memorial Museum, as authorized by
Public Law 106-292 (36 U.S.C. 2301-2310), $50,798,000, of which
$515,000 shall remain available until September 30, 2014, for the
Museum's equipment replacement program; and of which $1,900,000 for the
Museum's repair and rehabilitation program and $1,264,000 for the
Museum's outreach initiatives program shall remain available until
expended.
Presidio Trust
presidio trust fund
For necessary expenses to carry out title I of the Omnibus Parks
and Public Lands Management Act of 1996, $12,000,000 shall be available
to the Presidio Trust, to remain available until expended.
Dwight D. Eisenhower Memorial Commission
salaries and expenses
For necessary expenses, including the costs of construction design,
of the Dwight D. Eisenhower Memorial Commission, $2,000,000, to remain
available until expended.
capital construction
For necessary expenses of the Dwight D. Eisenhower Memorial
Commission for design and construction of a memorial in honor of Dwight
D. Eisenhower, as authorized by Public Law 106-79, $30,990,000, to
remain available until expended: Provided, That beginning in fiscal
year 2012 and thereafter, any procurement for the construction of the
permanent memorial to Dwight D. Eisenhower, as authorized by section
8162 of the Department of Defense Appropriations Act, 2000 (16 U.S.C.
431 note; Public Law 106-79), as amended by section 8120 of the
Department of Defense Appropriations Act, 2002 (Public Law 107-117),
may be issued which includes the full scope of the project: Provided
further, That the solicitation and contract with respect to the
procurement shall contain the ``availability of funds'' clause
described in section 52.232.18 of title 48, Code of Federal
Regulations: Provided further, That the funds appropriated herein
shall be deemed to satisfy the criteria for issuing a permit contained
in 40 U.S.C. 8906(a)(4) and (b).
TITLE IV
GENERAL PROVISIONS
(including transfers of funds)
limitation on consulting services
Sec. 401. The expenditure of any appropriation under this Act for
any consulting service through procurement contract, pursuant to 5
U.S.C. 3109, shall be limited to those contracts where such
expenditures are a matter of public record and available for public
inspection, except where otherwise provided under existing law, or
under existing Executive order issued pursuant to existing law.
restriction on use of funds
Sec. 402. No part of any appropriation contained in this Act shall
be available for any activity or the publication or distribution of
literature that in any way tends to promote public support or
opposition to any legislative proposal on which Congressional action is
not complete other than to communicate to Members of Congress as
described in 18 U.S.C. 1913.
obligation of appropriations
Sec. 403. No part of any appropriation contained in this Act shall
remain available for obligation beyond the current fiscal year unless
expressly so provided herein.
prohibition on use of funds for personal services
Sec. 404. None of the funds provided in this Act to any department
or agency shall be obligated or expended to provide a personal cook,
chauffeur, or other personal servants to any officer or employee of
such department or agency except as otherwise provided by law.
disclosure of administrative expenses
Sec. 405. Estimated overhead charges, deductions, reserves or
holdbacks from programs, projects, activities and subactivities to
support government-wide, departmental, agency, or bureau administrative
functions or headquarters, regional, or central operations shall be
presented in annual budget justifications and subject to approval by
the Committees on Appropriations of the House of Representatives and
the Senate. Changes to such estimates shall be presented to the
Committees on Appropriations for approval.
giant sequoia
Sec. 406. None of the funds in this Act may be used to plan,
prepare, or offer for sale timber from trees classified as giant
sequoia (Sequoiadendron giganteum) which are located on National Forest
System or Bureau of Land Management lands in a manner different than
such sales were conducted in fiscal year 2011.
mining applications
Sec. 407. (a) Limitation of Funds.--None of the funds appropriated
or otherwise made available pursuant to this Act shall be obligated or
expended to accept or process applications for a patent for any mining
or mill site claim located under the general mining laws.
(b) Exceptions.--Subsection (a) shall not apply if the Secretary of
the Interior determines that, for the claim concerned (1) a patent
application was filed with the Secretary on or before September 30,
1994; and (2) all requirements established under sections 2325 and 2326
of the Revised Statutes (30 U.S.C. 29 and 30) for vein or lode claims,
sections 2329, 2330, 2331, and 2333 of the Revised Statutes (30 U.S.C.
35, 36, and 37) for placer claims, and section 2337 of the Revised
Statutes (30 U.S.C. 42) for mill site claims, as the case may be, were
fully complied with by the applicant by that date.
(c) Report.--On September 30, 2013, the Secretary of the Interior
shall file with the House and Senate Committees on Appropriations and
the Committee on Natural Resources of the House and the Committee on
Energy and Natural Resources of the Senate a report on actions taken by
the Department under the plan submitted pursuant to section 314(c) of
the Department of the Interior and Related Agencies Appropriations Act,
1997 (Public Law 104-208).
(d) Mineral Examinations.--In order to process patent applications
in a timely and responsible manner, upon the request of a patent
applicant, the Secretary of the Interior shall allow the applicant to
fund a qualified third-party contractor to be selected by the Director
of the Bureau of Land Management to conduct a mineral examination of
the mining claims or mill sites contained in a patent application as
set forth in subsection (b). The Bureau of Land Management shall have
the sole responsibility to choose and pay the third-party contractor in
accordance with the standard procedures employed by the Bureau of Land
Management in the retention of third-party contractors.
contract support costs
Sec. 408. Notwithstanding any other provision of law, amounts
appropriated to or otherwise designated in committee reports for the
Bureau of Indian Affairs and the Indian Health Service by Public Laws
103-138, 103-332, 104-134, 104-208, 105-83, 105-277, 106-113, 106-291,
107-63, 108-7, 108-108, 108-447, 109-54, 109-289, division B and
Continuing Appropriations Resolution, 2007 (division B of Public Law
109-289, as amended by Public Laws 110-5 and 110-28), Public Laws 110-
92, 110-116, 110-137, 110-149, 110-161, 110-329, 111-6, 111-8, 111-88,
and 112-10 for payments for contract support costs associated with
self-determination or self-governance contracts, grants, compacts, or
annual funding agreements with the Bureau of Indian Affairs or the
Indian Health Service as funded by such Acts, are the total amounts
available for fiscal years 1994 through 2011 for such purposes, except
that the Bureau of Indian Affairs, tribes and tribal organizations may
use their tribal priority allocations for unmet contract support costs
of ongoing contracts, grants, self-governance compacts, or annual
funding agreements.
forest management plans
Sec. 409. The Secretary of Agriculture shall not be considered to
be in violation of subparagraph 6(f)(5)(A) of the Forest and Rangeland
Renewable Resources Planning Act of 1974 (16 U.S.C. 1604(f)(5)(A))
solely because more than 15 years have passed without revision of the
plan for a unit of the National Forest System. Nothing in this section
exempts the Secretary from any other requirement of the Forest and
Rangeland Renewable Resources Planning Act (16 U.S.C. 1600 et seq.) or
any other law: Provided, That if the Secretary is not acting
expeditiously and in good faith, within the funding available, to
revise a plan for a unit of the National Forest System, this section
shall be void with respect to such plan and a court of proper
jurisdiction may order completion of the plan on an accelerated basis.
prohibition within national monuments
Sec. 410. No funds provided in this Act may be expended to conduct
preleasing, leasing and related activities under either the Mineral
Leasing Act (30 U.S.C. 181 et seq.) or the Outer Continental Shelf
Lands Act (43 U.S.C. 1331 et seq.) within the boundaries of a National
Monument established pursuant to the Act of June 8, 1906 (16 U.S.C. 431
et seq.) as such boundary existed on January 20, 2001, except where
such activities are allowed under the Presidential proclamation
establishing such monument.
amendments to the temporary emergency wildfire suppression act
Sec. 411. The Temporary Emergency Wildfire Suppression Act (42
U.S.C. 1856m et seq.) is amended--
(1) in the first section (42 U.S.C. 1856m note)--
(A) by striking ``That this'' and inserting the following:
``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
``(ii) any cost incurred in handling the applicable
litigation (including legal fees); and
``(B) with respect to a Federal firefighter, arranging for,
and paying the costs of, representation in the applicable
litigation.
``(2) Federal firefighter.--The term `Federal firefighter'
means an individual furnished by the Secretary of Agriculture or
the Secretary of the Interior under an agreement entered into under
section 3.
``(3) Foreign fire organization.--The term `foreign fire
organization' means any foreign governmental, public, or private
entity that has wildfire protection resources.
``(4) Foreign firefighter.--The term `foreign firefighter'
means an individual furnished by a foreign fire organization under
an agreement entered into under section 3.
``(5) Wildfire.--The term `wildfire' means any forest or range
fire.
``(6) Wildfire protection resources.--The term `wildfire
protection resources' means any personnel, supplies, equipment, or
other resources required for wildfire presuppression and
suppression activities.'';
(3) in section 3 (42 U.S.C. 1856n)--
(A) in subsection (a)--
(i) by striking ``(a)(1) The Secretary of Agriculture''
and inserting the following:
``(a) Exchange of Wildfire Protection Resources Under a Reciprocal
Agreement With a Foreign Fire Organization.--
``(1) Authority to enter into a reciprocal agreement.--The
Secretary of Agriculture''; and
(ii) in paragraph (2), by striking ``(2) Any
agreement'' and inserting the following:
``(2) Requirements for a reciprocal agreement.--Any
agreement'';
(B) in subsection (b)--
(i) by striking ``(b) In the absence'' and inserting
the following:
``(b) Exchange of Wildfire Protection Resources Without a
Reciprocal Agreement.--In the absence''; and
(ii) in paragraph (1), by striking ``United States,
and'' and inserting ``United States; and'';
(C) in subsection (c), by striking ``(c) Notwithstanding''
and inserting the following:
``(c) Reimbursement Under Agreements With Canada.--
Notwithstanding''; and
(D) in subsection (d)--
(i) by striking, ``(d) Any service'' and inserting the
following:
``(d) Service Performed Under This Act by Federal Employees.--
``(1) In general.--Any service''; and
(ii) in the second sentence, by striking ``The'' and
inserting the following:
``(2) Effect.--Except as provided in section 4, the'';
(4) by redesignating section 4 (42 U.S.C. 1856o) as section 5;
(5) by inserting after section 3 the following:
``SEC. 4. RECIPROCAL AGREEMENTS WITH LIABILITY COVERAGE.
``(a) Protection From Liability for Foreign Firefighters and
Foreign Fire Organizations.--Subject to subsection (b), in an agreement
with a foreign fire organization entered into under section 3, the
Secretary of Agriculture and the Secretary of the Interior may provide
that--
``(1) a foreign firefighter shall be considered to be an
employee of the United States for purposes of tort liability while
the foreign firefighter is acting within the scope of an official
duty under the agreement; and
``(2) any claim against the foreign fire organization or any
legal organization associated with the foreign firefighter that
arises out of an act or omission of the foreign firefighter in the
performance of an official duty under the agreement, or that arises
out of any other act, omission, or occurrence for which the foreign
fire organization or legal organization associated with the foreign
firefighter is legally responsible under applicable law, may be
prosecuted only--
``(A) against the United States; and
``(B) as if the act or omission were the act or omission of
an employee of the United States.
``(b) Protection From Liability for Federal Firefighters and the
Federal Government.--The Secretary of Agriculture and the Secretary of
the Interior may provide the protections under subsection (a) if the
foreign fire organization agrees--
``(1) to assume any and all liability for any legal action
brought against the Federal firefighter for an act or omission of
the Federal firefighter while acting within the scope of an
official duty under the agreement; and
``(2) to the extent the United States or any legal organization
associated with the Federal firefighter is not entitled to immunity
from the jurisdiction of the courts having jurisdiction over the
foreign fire organization receiving the services of the Federal
firefighters, to assume any and all liability for any legal action
brought against the United States or the legal organization arising
out of--
``(A) an act or omission of the Federal firefighter in the
performance of an official duty under the agreement; or
``(B) any other act, omission, or occurrence for which the
United States or the legal organization associated with the
Federal firefighter is legally responsible under the laws
applicable to the foreign fire organization.''; and
(6) in section 5 (as redesignated by paragraph (4))--
(A) by striking ``under section 3(c)'' and inserting
``under this Act''; and
(B) in the proviso--
(i) by striking ``wildfire protection resources or
personnel'' each place it appears and inserting ``wildfire
protection resources (including personnel)'';
(ii) by inserting ``for wildfire suppression
activities'' before ``unless''; and
(iii) by striking ``provide wildfire protection'' and
inserting ``provide wildfire suppression''.
contracting authorities
Sec. 412. In awarding a Federal contract with funds made available
by this Act, notwithstanding Federal Government procurement and
contracting laws, the Secretary of Agriculture and the Secretary of the
Interior (the ``Secretaries'') may, in evaluating bids and proposals,
through fiscal year 2013, give consideration to local contractors who
are from, and who provide employment and training for, dislocated and
displaced workers in an economically disadvantaged rural community,
including those historically timber-dependent areas that have been
affected by reduced timber harvesting on Federal lands and other
forest-dependent rural communities isolated from significant
alternative employment opportunities: Provided, That notwithstanding
Federal Government procurement and contracting laws the Secretaries may
award contracts, grants or cooperative agreements to local non-profit
entities, Youth Conservation Corps or related partnerships with State,
local or non-profit youth groups, or small or micro-business or
disadvantaged business: Provided further, That the contract, grant, or
cooperative agreement is for forest hazardous fuels reduction,
watershed or water quality monitoring or restoration, wildlife or fish
population monitoring, road decommissioning, trail maintenance or
improvement, or habitat restoration or management: Provided further,
That the terms ``rural community'' and ``economically disadvantaged''
shall have the same meanings as in section 2374 of Public Law 101-624
(16 U.S.C. 6612): Provided further, That the Secretaries shall develop
guidance to implement this section: Provided further, That nothing in
this section shall be construed as relieving the Secretaries of any
duty under applicable procurement laws, except as provided in this
section.
limitation on takings
Sec. 413. Unless otherwise provided herein, no funds appropriated
in this Act for the acquisition of lands or interests in lands may be
expended for the filing of declarations of taking or complaints in
condemnation without the approval of the House and Senate Committees on
Appropriations: Provided, That this provision shall not apply to funds
appropriated to implement the Everglades National Park Protection and
Expansion Act of 1989, or to funds appropriated for Federal assistance
to the State of Florida to acquire lands for Everglades restoration
purposes.
timber sale requirements
Sec. 414. No timber sale in Alaska's Region 10 shall be advertised
if the indicated rate is deficit (defined as the value of the timber is
not sufficient to cover all logging and stumpage costs and provide a
normal profit and risk allowance under the Forest Service's appraisal
process) when appraised using a residual value appraisal. The western
red cedar timber from those sales which is surplus to the needs of the
domestic processors in Alaska, shall be made available to domestic
processors in the contiguous 48 United States at prevailing domestic
prices. All additional western red cedar volume not sold to Alaska or
contiguous 48 United States domestic processors may be exported to
foreign markets at the election of the timber sale holder. All Alaska
yellow cedar may be sold at prevailing export prices at the election of
the timber sale holder.
extension of grazing permits
Sec. 415. The terms and conditions of section 325 of Public Law
108-108 (117 Stat. 1307), regarding grazing permits at the Department
of the Interior and the Forest Service, shall remain in effect for
fiscal years 2012 and 2013. A grazing permit or lease issued by the
Secretary of the Interior for lands administered by the Bureau of Land
Management that is the subject of a request for a grazing preference
transfer shall be issued, without further processing, for the remaining
time period in the existing permit or lease using the same mandatory
terms and conditions. If the authorized officer determines a change in
the mandatory terms and conditions is required, the new permit must be
processed as directed in section 325 of Public Law 108-108.
prohibition on no-bid contracts
Sec. 416. None of the funds appropriated or otherwise made
available by this Act to executive branch agencies may be used to enter
into any Federal contract unless such contract is entered into in
accordance with the requirements of Chapter 33 of title 41, United
States Code, or Chapter 137 of title 10, United States Code, and the
Federal Acquisition Regulation, unless--
(1) Federal law specifically authorizes a contract to be
entered into without regard for these requirements, including
formula grants for States, or federally recognized Indian tribes;
or
(2) such contract is authorized by the Indian Self-
Determination and Education and Assistance Act (Public Law 93-638,
25 U.S.C. 450 et seq., as amended) or by any other Federal laws
that specifically authorize a contract within an Indian tribe as
defined in section 4(e) of that Act (25 U.S.C. 450b(e)); or
(3) such contract was awarded prior to the date of enactment of
this Act.
posting of reports
Sec. 417. (a) Any agency receiving funds made available in this
Act, shall, subject to subsections (b) and (c), post on the public
website of that agency any report required to be submitted by the
Congress in this or any other Act, upon the determination by the head
of the agency that it shall serve the national interest.
(b) Subsection (a) shall not apply to a report if--
(1) the public posting of the report compromises national
security; or
(2) the report contains proprietary information.
(c) The head of the agency posting such report shall do so only
after such report has been made available to the requesting Committee
or Committees of Congress for no less than 45 days.
national endowment for the arts grant guidelines
Sec. 418. Of the funds provided to the National Endowment for the
Arts--
(1) The Chairperson shall only award a grant to an individual
if such grant is awarded to such individual for a literature
fellowship, National Heritage Fellowship, or American Jazz Masters
Fellowship.
(2) The Chairperson shall establish procedures to ensure that
no funding provided through a grant, except a grant made to a State
or local arts agency, or regional group, may be used to make a
grant to any other organization or individual to conduct activity
independent of the direct grant recipient. Nothing in this
subsection shall prohibit payments made in exchange for goods and
services.
(3) No grant shall be used for seasonal support to a group,
unless the application is specific to the contents of the season,
including identified programs and/or projects.
national endowment for the arts program priorities
Sec. 419. (a) In providing services or awarding financial
assistance under the National Foundation on the Arts and the Humanities
Act of 1965 from funds appropriated under this Act, the Chairperson of
the National Endowment for the Arts shall ensure that priority is given
to providing services or awarding financial assistance for projects,
productions, workshops, or programs that serve underserved populations.
(b) In this section:
(1) The term ``underserved population'' means a population of
individuals, including urban minorities, who have historically been
outside the purview of arts and humanities programs due to factors
such as a high incidence of income below the poverty line or to
geographic isolation.
(2) The term ``poverty line'' means the poverty line (as
defined by the Office of Management and Budget, and revised
annually in accordance with section 673(2) of the Community
Services Block Grant Act (42 U.S.C. 9902(2))) applicable to a
family of the size involved.
(c) In providing services and awarding financial assistance under
the National Foundation on the Arts and Humanities Act of 1965 with
funds appropriated by this Act, the Chairperson of the National
Endowment for the Arts shall ensure that priority is given to providing
services or awarding financial assistance for projects, productions,
workshops, or programs that will encourage public knowledge, education,
understanding, and appreciation of the arts.
(d) With funds appropriated by this Act to carry out section 5 of
the National Foundation on the Arts and Humanities Act of 1965--
(1) the Chairperson shall establish a grant category for
projects, productions, workshops, or programs that are of national
impact or availability or are able to tour several States;
(2) the Chairperson shall not make grants exceeding 15 percent,
in the aggregate, of such funds to any single State, excluding
grants made under the authority of paragraph (1);
(3) the Chairperson shall report to the Congress annually and
by State, on grants awarded by the Chairperson in each grant
category under section 5 of such Act; and
(4) the Chairperson shall encourage the use of grants to
improve and support community-based music performance and
education.
use of competitive grant funds
Sec. 420. Section 6(d) of Public Law 96-297 (16 U.S.C. 431 note),
as added by section 101 of Public Law 108-126, is amended by inserting
``, except funds awarded through competitive grants,'' after ``No
Federal funds''.
forest service facility realignment and enhancement
Sec. 421. Section 503(f) of the Forest Service Realignment and
Enhancement Act of 2005 (title V of Public Law 109-54; 16 U.S.C. 580d
note), as amended by section 422(1) of Public Law 111-8 (123 Stat.
748), is further amended by striking ``2011'' and inserting ``2016''.
service first
Sec. 422. Section 330 of the Department of the Interior and
Related Agencies Appropriations Act, 2001 (Public Law 106-291; 114
Stat. 996; 43 U.S.C. 1701 note), concerning Service First authorities,
as amended by section 428 of Public Law 109-54 (119 Stat. 555-556) and
section 418 of Public Law 111-8 (123 Stat. 747), is amended--
(1) by striking in the first sentence ``In fiscal years 2001
through 2011'', and inserting ``In fiscal year 2012 and each fiscal
year thereafter''; and
(2) by striking in the first sentence ``pilot programs'' and
inserting ``programs.''
federal, state, cooperative forest, range-land and watershed
restoration in utah
Sec. 423. The authority provided by section 337 of the Department
of the Interior and Related Agencies Appropriations Act, 2005 (Public
Law 108-447; 118 Stat. 3012), as amended, shall remain in effect until
September 30, 2013.
status of balances of appropriations
Sec. 424. The Department of the Interior, the Environmental
Protection Agency, the Forest Service, and the Indian Health Service
shall provide the Committees on Appropriations of the House of
Representatives and Senate quarterly reports on the status of balances
of appropriations including all uncommitted, committed, and unobligated
funds in each program and activity.
report on use of climate change funds
Sec. 425. Not later than 120 days after the date on which the
President's fiscal year 2013 budget request is submitted to Congress,
the President shall submit a comprehensive report to the Committee on
Appropriations of the House of Representatives and the Committee on
Appropriations of the Senate describing in detail all Federal agency
funding, domestic and international, for climate change programs,
projects and activities in fiscal year 2011, including an accounting of
funding by agency with each agency identifying climate change programs,
projects and activities and associated costs by line item as presented
in the President's Budget Appendix, and including citations and
linkages where practicable to each strategic plan that is driving
funding within each climate change program, project and activity listed
in the report.
prohibition on use of funds
Sec. 426. Notwithstanding any other provision of law, none of the
funds made available in this Act or any other Act may be used to
promulgate or implement any regulation requiring the issuance of
permits under title V of the Clean Air Act (42 U.S.C. 7661 et seq.) for
carbon dioxide, nitrous oxide, water vapor, or methane emissions
resulting from biological processes associated with livestock
production.
greenhouse gas reporting restrictions
Sec. 427. Notwithstanding any other provision of law, none of the
funds made available in this or any other Act may be used to implement
any provision in a rule, if that provision requires mandatory reporting
of greenhouse gas emissions from manure management systems.
forest service pre-decisional objection process
Sec. 428. Hereafter, upon issuance of final regulations, the
Secretary of Agriculture, acting through the Chief of the Forest
Service, shall apply section 105(a) of the Healthy Forests Restoration
Act of 2003 (16 U.S.C. 6515(a)), providing for a pre-decisional
objection process, to proposed actions of the Forest Service concerning
projects and activities implementing land and resource management plans
developed under the Forest and Rangeland Renewable Resources Planning
Act of 1974 (16 U.S.C. 1600 et seq.), and documented with a Record of
Decision or Decision Notice, in lieu of subsections (c), (d), and (e)
of section 322 of Public Law 102-381 (16 U.S.C. 1612 note), providing
for an administrative appeal process: Provided, That if the Chief of
the Forest Service determines an emergency situation exists for which
immediate implementation of a proposed action is necessary, the
proposed action shall not be subject to the pre-decisional objection
process, and implementation shall begin immediately after the Forest
Service gives notice of the final decision for the proposed action:
Provided further, That this section shall not apply to an authorized
hazardous fuel reduction project under title I of the Healthy Forests
Restoration Act of 2003 (16 U.S.C. 6501 et seq.).
silvicultural activities
Sec. 429. From the date of enactment of this Act until September
30, 2012, the Administrator of the Environmental Protection Agency
shall not require a permit under section 402 of the Federal Water
Pollution Control Act (33 U.S.C. 1342), nor shall the Administrator
directly or indirectly require any State to require a permit, for
discharges of stormwater runoff from roads, the construction, use, or
maintenance of which are associated with silvicultural activities, or
from other silvicultural activities involving nursery operations, site
preparation, reforestation and subsequent cultural treatment, thinning,
prescribed burning, pest and fire control, harvesting operations, or
surface drainage.
claim maintenance fee amendments
Sec. 430. Section 10101 of the Omnibus Budget Reconciliation Act
of 1993 (30 U.S.C. 28f) is amended--
(1) in subsection (a)--
(A) by striking so much as precedes the second sentence and
inserting the following:
``(a) Claim Maintenance Fee.--
``(1) Lode mining claims, mill sites, and tunnel sites.--The
holder of each unpatented lode mining claim, mill site, or tunnel
site, located pursuant to the mining laws of the United States on
or after August 10, 1993, shall pay to the Secretary of the
Interior, on or before September 1 of each year, to the extent
provided in advance in appropriations Acts, a claim maintenance fee
of $100 per claim or site, respectively.''; and
(B) by adding at the end the following:
``(2) Placer mining claims.--The holder of each unpatented
placer mining claim located pursuant to the mining laws of the
United States located before, on, or after August 10, 1993, shall
pay to the Secretary of the Interior, on or before September 1 of
each year, the claim maintenance fee described in subsection (a),
for each 20 acres of the placer claim or portion thereof.''; and
(2) in subsection (b), by striking the first sentence and
inserting the following: ``The claim main tenance fee under
subsection (a) shall be paid for the year in which the location is
made, at the time the location notice is recorded with the Bureau
of Land Management.''.
domestic livestock grazing
Sec. 431. (a) Prohibition Regarding Potential Domestic Sheep and
Bighorn Sheep Contact on National Forest System Land.--Notwithstanding
any other provision of law or regulation (other than the Endangered
Species Act of 1973 and regulations issued under such Act), none of the
funds made available by this Act or made available by any other Act for
fiscal year 2012 only may be used to carry out--
(1) any new management restrictions on domestic sheep on
parcels of National Forest System land (as defined in the Forest
and Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C.
1609(a))) with potential domestic sheep and bighorn sheep (whether
native or nonnative) contact in excess of the management
restrictions that existed on July 1, 2011; or
(2) any other agency regulation for managing bighorn sheep
populations on any allotment of such National Forest System land if
the management action will result in a reduction in the number of
domestic livestock permitted to graze on the allotment or in the
distribution of livestock on the allotment.
(b) Exception.--Notwithstanding subsection (a), the Secretary of
Agriculture may make such management changes as the Secretary
determines to be necessary to manage bighorn sheep if the management
changes--
(1) are consistent with the wildlife plans of the relevant
State fish and game agency and determined in consultation with that
agency; and
(2) are developed in consultation with the affected permittees.
(c) Bureau of Land Management Lands.--In circumstances involving
conflicts between bighorn sheep and domestic sheep grazing on public
lands (as defined in section 103 of the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1702)), the Bureau of Land Management
may only modify or cancel domestic sheep grazing permits after
consulting with the appropriate State fish and game agency. However, if
the State in question has an approved State Wildlife Management Plan
that addresses, with specificity, bighorn sheep management, then the
Bureau of Land Management modification or cancellation of permits in
that State shall conform to the bighorn sheep management objectives in
the State Wildlife Management Plan, unless conformance would be
inconsistent with Federal statute or regulation. The Bureau of Land
Management shall be bound by the requirements of this subsection until
September 30, 2012.
(d) Voluntary Closure of Allotments.--Nothing in this section shall
be construed as limiting the voluntary closure of existing domestic
sheep allotments when the closure is agreed to in writing between the
permittee and the Secretary of the Interior or the Secretary of
Agriculture and is carried out for the purpose of reducing conflicts
between domestic sheep and bighorn sheep.
(e) Waiver of Grazing Permits and Leases.--The Secretary of the
Interior and the Secretary of Agriculture may accept the voluntary
waiver of any valid existing lease or permit authorizing grazing on
National Forest System land described in subsection (a) or public lands
described in subsection (c). If the grazing permit or lease for a
grazing allotment is only partially within the area of potential
domestic sheep and bighorn sheep contact, the affected permittee may
elect to waive only the portion of the grazing permit or lease that is
within that area. The Secretary concerned shall--
(1) terminate each permit or lease waived or portion of a
permit or lease waived under this subsection;
(2) ensure a permanent end to domestic sheep grazing on the
land covered by the waived permit or lease or waived portion of the
permit or lease unless or until there is no conflict with bighorn
sheep management; and
(3) provide for the reimbursement of range improvements in
compliance with section 4 of the Act of June 28, 1934 (commonly
known as the Taylor Grazing Act; 43 U.S.C. 315c).
air emissions from outer continental shelf activities
Sec. 432. (a) It is the purpose of this section to ensure that the
energy policy of the United States focuses on the expeditious and
orderly development of domestic energy resources in a manner that
protects human health and the environment.
(b) Section 328(a)(1) of the Clean Air Act (42 U.S.C. 7627(a)(1))
is amended--
(1) in the first sentence, by inserting ``(other than Outer
Continental Shelf sources located offshore of the North Slope
Borough of the State of Alaska)'' after ``Outer Continental Shelf
sources located offshore of the States along the Pacific, Arctic
and Atlantic Coasts''; and
(2) in the fourth sentence, by inserting ``and this Act'' after
``regulations''.
(c) Section 328(b) of the Clean Air Act (42 U.S.C. 7627(b)) is
amended in the first sentence--
(1) by striking ``Gulf Coast''; and
(2) by inserting ``or are adjacent to the North Slope Borough
of the State of Alaska'' after ``Alabama''.
(d) The transfer of air quality permitting authority pursuant to
this section shall not invalidate or stay--
(1) any air quality permit pending or existing as of the date
of the enactment of this Act; or
(2) any proceeding related thereto.
(e)(1) The Comptroller General of the United States shall undertake
a study on the process for air quality permitting in the Outer
Continental Shelf.
(2) The study shall consist of a comparison of air quality
permitting for Outer Continental Shelf sources (as such term is defined
in section 328(a)(4) of the Clean Air Act (42 U.S.C. 7627(a)(4)) by the
Department of the Interior with such permitting by the Environmental
Protection Agency, taking into account the time elapsed between
application and permit approval, the number of applications, and the
experiences and assessments of the applicants.
(3) In carrying out the study, the Comptroller General shall
consult with the Administrator of the Environmental Protection Agency,
the Secretary of the Interior, and applicants for air quality permits.
(4) The Comptroller General shall complete the study and submit a
report on the results of the study to the Congress not later than
September 30, 2014.
funding prohibition
Sec. 433. None of the funds made available by this Act may be used
to enter into a contract, memorandum of understanding, or cooperative
agreement with, make a grant to, or provide a loan or loan guarantee
to, any corporation that was convicted (or had an officer or agent of
such corporation acting on behalf of the corporation convicted) of a
felony criminal violation under any Federal law within the preceding 24
months, where the awarding agency is aware of the conviction, unless
the agency has considered suspension or debarment of the corporation,
or such officer or agent and made a determination that this further
action is not necessary to protect the interests of the Government.
limitation with respect to delinquent tax debts
Sec. 434. None of the funds made available by this Act may be used
to enter into a contract, memorandum of understanding, or cooperative
agreement with, make a grant to, or provide a loan or loan guarantee
to, any corporation with respect to which any unpaid Federal tax
liability that has been assessed, for which all judicial and
administrative remedies have been exhausted or have lapsed, and that is
not being paid in a timely manner pursuant to an agreement with the
authority responsible for collecting the tax liability, where the
awarding agency is aware of the unpaid tax liability, unless the agency
has considered suspension or debarment of the corporation and made a
determination that this further action is not necessary to protect the
interests of the Government.
alaska native regional health entities
Sec. 435. (a) Notwithstanding any other provision of law and until
October 1, 2013, the Indian Health Service may not disburse funds for
the provision of health care services pursuant to Public Law 93-638 (25
U.S.C. 450 et seq.) to any Alaska Native village or Alaska Native
village corporation that is located within the area served by an Alaska
Native regional health entity.
(b) Nothing in this section shall be construed to prohibit the
disbursal of funds to any Alaska Native village or Alaska Native
village corporation under any contract or compact entered into prior to
May 1, 2006, or to prohibit the renewal of any such agreement.
(c) For the purpose of this section, Eastern Aleutian Tribes, Inc.,
the Council of Athabascan Tribal Governments, and the Native Village of
Eyak shall be treated as Alaska Native regional health entities to
which funds may be disbursed under this section.
general reduction
Sec. 436. (a) Across-the-board Rescissions.--There is hereby
rescinded an amount equal to 0.16 percent of the budget authority
provided for fiscal year 2012 for any discretionary appropriation in
titles I through IV of this Act.
(b) Proportionate Application.--Any rescission made by subsection
(a) shall be applied proportionately--
(1) to each discretionary account and each item of budget
authority described in subsection (a); and
(2) within each such account and item, to each program,
project, and activity (with programs, projects, and activities as
delineated in the appropriation Act or accompanying reports for the
relevant fiscal year covering such account or item, or for accounts
and items not included in appropriation Acts, as delineated in the
most recently submitted President's budget).
(c) Indian Land and Water Claim Settlements.--Under the heading
``Bureau of Indian Affairs, Indian Land and Water Claim Settlements and
Miscellaneous Payments to Indians'', the across-the-board rescission in
this section, and any subsequent across-the-board rescission for fiscal
year 2012, shall apply only to the first dollar amount in the paragraph
and the distribution of the rescission shall be at the discretion of
the Secretary of the Interior who shall submit a report on such
distribution and the rationale therefore to the House and Senate
Committees on Appropriations.
(d) OMB Report.--Within 30 days after the date of the enactment of
this section the Director of the Office of Management and Budget shall
submit to the Committees on Appropriations of the House of
Representatives and the Senate a report specifying the account and
amount of each rescission made pursuant to this section.
This division may be cited as the ``Department of the Interior,
Environment, and Related Agencies Appropriations Act, 2012''.
DIVISION F--DEPARTMENTS OF LABOR, HEALTH AND HUMAN SERVICES, EDUCATION,
AND RELATED AGENCIES APPROPRIATIONS ACT, 2012
TITLE I
DEPARTMENT OF LABOR
Employment and Training Administration
training and employment services
(including transfer of funds)
For necessary expenses of the Workforce Investment Act of 1998
(referred to in this Act as ``WIA''), the Second Chance Act of 2007,
and the Women in Apprenticeship and Non-Traditional Occupations Act of
1992 (``WANTO''), including the purchase and hire of passenger motor
vehicles, the construction, alteration, and repair of buildings and
other facilities, and the purchase of real property for training
centers as authorized by the WIA, $3,195,383,000, plus reimbursements,
shall be available. Of the amounts provided:
(1) for grants to States for adult employment and training
activities, youth activities, and dislocated worker employment and
training activities, $2,605,268,000 as follows:
(A) $770,922,000 for adult employment and training
activities, of which $58,922,000 shall be available for the
period July 1, 2012, through June 30, 2013, and of which
$712,000,000 shall be available for the period October 1, 2012
through June 30, 2013;
(B) $825,914,000 for youth activities, which shall be
available for the period April 1, 2012 through June 30, 2013;
and
(C) $1,008,432,000 for dislocated worker employment and
training activities, of which $148,432,000 shall be available
for the period July 1, 2012 through June 30, 2013, and of which
$860,000,000 shall be available for the period October 1, 2012
through June 30, 2013:
Provided, That notwithstanding the transfer limitation under
section 133(b)(4) of the WIA, up to 30 percent of such funds may be
transferred by a local board if approved by the Governor: Provided
further, That a local board may award a contract to an institution
of higher education or other eligible training provider if the
local board determines that it would facilitate the training of
multiple individuals in high-demand occupations, if such contract
does not limit customer choice: Provided further, That
notwithstanding section 128(a)(1) of the WIA, the amount available
to the Governor for statewide workforce investment activities shall
not exceed 5 percent of the amount allotted to the State from each
of the appropriations under the preceding subparagraphs;
(2) for federally administered programs, $487,053,000 as
follows:
(A) $224,112,000 for the dislocated workers assistance
national reserve, of which $24,112,000 shall be available for
the period July 1, 2012 through June 30, 2013, and of which
$200,000,000 shall be available for the period October 1, 2012
through June 30, 2013: Provided, That funds provided to carry
out section 132(a)(2)(A) of the WIA may be used to provide
assistance to a State for statewide or local use in order to
address cases where there have been worker dislocations across
multiple sectors or across multiple local areas and such
workers remain dislocated; coordinate the State workforce
development plan with emerging economic development needs; and
train such eligible dislocated workers: Provided further, That
funds provided to carry out section 171(d) of the WIA may be
used for demonstration projects that provide assistance to new
entrants in the workforce and incumbent workers: Provided
further, That none of the funds shall be obligated to carry out
section 173(e) of the WIA;
(B) $47,652,000 for Native American programs, which shall
be available for the period July 1, 2012 through June 30, 2013;
(C) $84,451,000 for migrant and seasonal farmworker
programs under section 167 of the WIA, including $78,253,000
for formula grants (of which not less than 70 percent shall be
for employment and training services), $5,689,000 for migrant
and seasonal housing (of which not less than 70 percent shall
be for permanent housing), and $509,000 for other discretionary
purposes, which shall be available for the period July 1, 2012
through June 30, 2013: Provided, That notwithstanding any
other provision of law or related regulation, the Department of
Labor shall take no action limiting the number or proportion of
eligible participants receiving related assistance services or
discouraging grantees from providing such services;
(D) $998,000 for carrying out the WANTO, which shall be
available for the period July 1, 2012 through June 30, 2013;
and
(E) $79,840,000 for YouthBuild activities as described in
section 173A of the WIA, which shall be available for the
period April 1, 2012 through June 30, 2013; and
(F) $50,000,000 to be available to the Secretary of Labor
(referred to in this title as ``Secretary'') for the Workforce
Innovation Fund to carry out projects that demonstrate
innovative strategies or replicate effective evidence-based
strategies that align and strengthen the workforce investment
system in order to improve program delivery and education and
employment outcomes for beneficiaries, which shall be for the
period July 1, 2012 through September 30, 2013: Provided, That
amounts shall be available for awards to States or State
agencies that are eligible for assistance under any program
authorized under the WIA, consortia of States, or partnerships,
including regional partnerships: Provided further, That not
more than 5 percent of the funds available for workforce
innovation activities shall be for technical assistance and
evaluations related to the projects carried out with these
funds;
(3) for national activities, $103,062,000, as follows:
(A) $6,616,000, in addition to any amounts available under
paragraph (2), for Pilots, Demonstrations, and Research, which
shall be available for the period April 1, 2012 through June
30, 2013: Provided, That funds made available by Public Law
112-10 that were designated for grants to address the
employment and training needs of young parents may be used for
other pilots, demonstrations, and research activities and for
implementation activities related to the VOW to Hire Heroes Act
of 2011 and may be transferred to ``State Unemployment
Insurance and Employment Service Operations'' to carry out such
implementation activities;
(B) $80,390,000 for ex-offender activities, under the
authority of section 171 of the WIA and section 212 of the
Second Chance Act of 2007, which shall be available for the
period April 1, 2012 through June 30, 2013, notwithstanding the
requirements of section 171(b)(2)(B) or 171(c)(4)(D) of the
WIA: Provided, That of this amount, $20,000,000 shall be for
competitive grants to national and regional intermediaries for
activities that prepare young ex-offenders and school dropouts
for employment, with a priority for projects serving high-
crime, high-poverty areas;
(C) $9,581,000 for Evaluation, which shall be available for
the period July 1, 2012 through June 30, 2013; and
(D) $6,475,000 for the Workforce Data Quality Initiative,
under the authority of section 171(c)(2) of the WIA, which
shall be available for the period July 1, 2012 through June 30,
2013, and which shall not be subject to the requirements of
section 171(c)(4)(D).
office of jobs corps
To carry out subtitle C of title I of the WIA, including Federal
administrative expenses, the purchase and hire of passenger motor
vehicles, the construction, alteration, and repairs of buildings and
other facilities, and the purchase of real property for training
centers as authorized by the WIA, $1,706,171,000, plus reimbursements,
as follows:
(1) $1,572,049,000 for Job Corps Operations, which shall be
available for the period July 1, 2012 through June 30, 2013;
(2) $104,990,000 for construction, rehabilitation and
acquisition of Job Corps Centers, which shall be available for the
period July 1, 2012 through June 30, 2015: Provided, That the
Secretary may transfer up to 15 percent of such funds to meet the
operational needs of such centers or to achieve administrative
efficiencies: Provided further, That any funds transferred
pursuant to the preceding proviso shall not be available for
obligation after June 30, 2013; and
(3) $29,132,000 for necessary expenses of the Office of Job
Corps, which shall be available for obligation for the period
October 1, 2011 through September 30, 2012:
Provided further, That no funds from any other appropriation shall
be used to provide meal services at or for Job Corps centers.
community service employment for older americans
To carry out title V of the Older Americans Act of 1965 (referred
to in this Act as ``OAA''), $449,100,000, which shall be available for
the period July 1, 2012 through June 30, 2013, and may be recaptured
and reobligated in accordance with section 517(c) of the OAA.
federal unemployment benefits and allowances
For payments during fiscal year 2012 of trade adjustment benefit
payments and allowances under part I of subchapter B of chapter 2 of
title II of the Trade Act of 1974, and section 246 of that Act; and for
training, employment and case management services, allowances for job
search and relocation, and related State administrative expenses under
part II of subchapter B of chapter 2 of title II of the Trade Act of
1974, including benefit payments, allowances, training, employment and
case management services, and related State administration provided
pursuant to section 231(a) of the Trade Adjustment Assistance Extension
Act of 2011, $1,100,100,000, together with such amounts as may be
necessary to be charged to the subsequent appropriation for payments
for any period subsequent to September 15, 2012.
state unemployment insurance and employment service operations
For authorized administrative expenses, $86,231,000, together with
not to exceed $3,958,441,000 which may be expended from the Employment
Security Administration Account in the Unemployment Trust Fund (``the
Trust Fund''), of which:
(1) $3,181,154,000 from the Trust Fund is for grants to States
for the administration of State unemployment insurance laws as
authorized under title III of the Social Security Act (including
not less than $10,000,000 to conduct in-person reemployment and
eligibility assessments and unemployment insurance improper payment
reviews), the administration of unemployment insurance for Federal
employees and for ex-service members as authorized under 5 U.S.C.
8501-8523, and the administration of trade readjustment allowances,
reemployment trade adjustment assistance, and alternative trade
adjustment assistance under the Trade Act of 1974 and under section
231(a) of the Trade Adjustment Assistance Extension Act of 2011,
and shall be available for obligation by the States through
December 31, 2012, except that funds used for automation
acquisitions or competitive grants awarded to States for improved
operations, or reemployment and eligibility assessments and
improper payments shall be available for obligation by the States
through September 30, 2014, and funds used for unemployment
insurance workloads experienced by the States through September 30,
2012 shall be available for Federal obligation through December 31,
2012;
(2) $11,287,000 from the Trust Fund is for national activities
necessary to support the administration of the Federal-State
unemployment insurance system;
(3) $679,531,000 from the Trust Fund, together with $22,638,000
from the General Fund of the Treasury, is for grants to States in
accordance with section 6 of the Wagner-Peyser Act, and shall be
available for Federal obligation for the period July 1, 2012
through June 30, 2013;
(4) $20,952,000 from the Trust Fund is for national activities
of the Employment Service, including administration of the work
opportunity tax credit under section 51 of the Internal Revenue
Code of 1986, and the provision of technical assistance and staff
training under the Wagner-Peyser Act, including not to exceed
$1,228,000 that may be used for amortization payments to States
which had independent retirement plans in their State employment
service agencies prior to 1980;
(5) $65,517,000 from the Trust Fund is for the administration
of foreign labor certifications and related activities under the
Immigration and Nationality Act and related laws, of which
$50,418,000 shall be available for the Federal administration of
such activities, and $15,099,000 shall be available for grants to
States for the administration of such activities; and
(6) $63,593,000 from the General Fund is to provide workforce
information, national electronic tools, and one-stop system
building under the Wagner-Peyser Act and section 171 (e)(2)(C) of
the WIA and shall be available for Federal obligation for the
period July 1, 2012 through June 30, 2013:
Provided, That to the extent that the Average Weekly Insured
Unemployment (``AWIU'') for fiscal year 2012 is projected by the
Department of Labor to exceed 4,832,000, an additional $28,600,000 from
the Trust Fund shall be available for obligation for every 100,000
increase in the AWIU level (including a pro rata amount for any
increment less than 100,000) to carry out title III of the Social
Security Act: Provided further, That funds appropriated in this Act
that are allotted to a State to carry out activities under title III of
the Social Security Act may be used by such State to assist other
States in carrying out activities under such title III if the other
States include areas that have suffered a major disaster declared by
the President under the Robert T. Stafford Disaster Relief and
Emergency Assistance Act: Provided further, That the Secretary may use
funds appropriated for grants to States under title III of the Social
Security Act to make payments on behalf of States for the use of the
National Directory of New Hires under section 453(j)(8) of such Act:
Provided further, That funds appropriated in this Act which are used to
establish a national one-stop career center system, or which are used
to support the national activities of the Federal-State unemployment
insurance or immigration programs, may be obligated in contracts,
grants, or agreements with non-State entities: Provided further, That
funds appropriated under this Act for activities authorized under title
III of the Social Security Act and the Wagner-Peyser Act may be used by
States to fund integrated Unemployment Insurance and Employment Service
automation efforts, notwithstanding cost allocation principles
prescribed under the Office of Management and Budget Circular A-87:
Provided further, That the Secretary, at the request of a State
participating in a consortium with other States, may reallot funds
allotted to such State under title III of the Social Security Act to
other States participating in the consortium in order to carry out
activities that benefit the administration of the unemployment
compensation law of the State making the request.
In addition, $50,000,000 from the Employment Security
Administration Account of the Unemployment Trust Fund shall be
available to conduct in-person reemployment and eligibility assessments
and unemployment insurance improper payment reviews.
advances to the unemployment trust fund and other funds
For repayable advances to the Unemployment Trust Fund as authorized
by sections 905(d) and 1203 of the Social Security Act, and to the
Black Lung Disability Trust Fund as authorized by section 9501(c)(1) of
the Internal Revenue Code of 1986; and for nonrepayable advances to the
Unemployment Trust Fund as authorized by 5 U.S.C. 8509, and to the
``Federal Unemployment Benefits and Allowances'' account, such sums as
may be necessary, which shall be available for obligation through
September 30, 2013.
program administration
For expenses of administering employment and training programs,
$97,320,000, together with not to exceed $50,040,000 which may be
expended from the Employment Security Administration Account in the
Unemployment Trust Fund.
Employee Benefits Security Administration
salaries and expenses
For necessary expenses for the Employee Benefits Security
Administration, $183,500,000.
Pension Benefit Guaranty Corporation
pension benefit guaranty corporation fund
The Pension Benefit Guaranty Corporation (``Corporation'') is
authorized to make such expenditures, including financial assistance
authorized by subtitle E of title IV of the Employee Retirement Income
Security Act of 1974, within limits of funds and borrowing authority
available to the Corporation, and in accord with law, and to make such
contracts and commitments without regard to fiscal year limitations, as
provided by 31 U.S.C. 9104, as may be necessary in carrying out the
program, including associated administrative expenses, through
September 30, 2012, for the Corporation: Provided, That none of the
funds available to the Corporation for fiscal year 2012 shall be
available for obligations for administrative expenses in excess of
$476,901,000: Provided further, That to the extent that the number of
new plan participants in plans terminated by the Corporation exceeds
100,000 in fiscal year 2012, an amount not to exceed an additional
$9,200,000 shall be available through September 30, 2013, for
obligation for administrative expenses for every 20,000 additional
terminated participants: Provided further, That an additional $50,000
shall be made available through September 30, 2013, for obligation for
investment management fees for every $25,000,000 in assets received by
the Corporation as a result of new plan terminations or asset growth,
after approval by the Office of Management and Budget and notification
of the Committees on Appropriations of the House of Representatives and
the Senate: Provided further, That obligations in excess of the
amounts provided in this paragraph may be incurred for unforeseen and
extraordinary pretermination expenses or extraordinary multiemployer
program related expenses after approval by the Office of Management and
Budget and notification of the Committees on Appropriations of the
House of Representatives and the Senate.
Wage and Hour Division
salaries and expenses
For necessary expenses for the Wage and Hour Division, including
reimbursement to State, Federal, and local agencies and their employees
for inspection services rendered, $227,491,000.
Office of Labor Management Standards
salaries and expenses
For necessary expenses for the Office of Labor Management
Standards, $41,367,000.
Office of Federal Contract Compliance Programs
salaries and expenses
For necessary expenses for the Office of Federal Contract
Compliance Programs, $105,386,000.
Office of Workers' Compensation Programs
salaries and expenses
For necessary expenses for the Office of Workers' Compensation
Programs, $115,939,000, together with $2,124,000 which may be expended
from the Special Fund in accordance with sections 39(c), 44(d), and
44(j) of the Longshore and Harbor Worker's Compensation Act.
special benefits
(including transfer of funds)
For the payment of compensation, benefits, and expenses (except
administrative expenses) accruing during the current or any prior
fiscal year authorized by 5 U.S.C. 81; continuation of benefits as
provided for under the heading ``Civilian War Benefits'' in the Federal
Security Agency Appropriation Act, 1947; the Employees' Compensation
Commission Appropriation Act, 1944; sections 4(c) and 5(f) of the War
Claims Act of 1948; and 50 percent of the additional compensation and
benefits required by section 10(h) of the Longshore and Harbor Workers'
Compensation Act, $350,000,000, together with such amounts as may be
necessary to be charged to the subsequent year appropriation for the
payment of compensation and other benefits for any period subsequent to
August 15 of the current year: Provided, That amounts appropriated may
be used under 5 U.S.C. 8104 by the Secretary to reimburse an employer,
who is not the employer at the time of injury, for portions of the
salary of a re-employed, disabled beneficiary: Provided further, That
balances of reimbursements unobligated on September 30, 2011, shall
remain available until expended for the payment of compensation,
benefits, and expenses: Provided further, That in addition there shall
be transferred to this appropriation from the Postal Service and from
any other corporation or instrumentality required under 5 U.S.C.
8147(c) to pay an amount for its fair share of the cost of
administration, such sums as the Secretary determines to be the cost of
administration for employees of such fair share entities through
September 30, 2012: Provided further, That of those funds transferred
to this account from the fair share entities to pay the cost of
administration of the Federal Employees' Compensation Act, $59,488,000
shall be made available to the Secretary as follows:
(1) For enhancement and maintenance of automated data
processing systems and telecommunications systems, $17,253,000;
(2) For automated workload processing operations, including
document imaging, centralized mail intake, and medical bill
processing, $26,769,000;
(3) For periodic roll management and medical review,
$15,466,000; and
(4) The remaining funds shall be paid into the Treasury as
miscellaneous receipts:
Provided further, That the Secretary may require that any person
filing a notice of injury or a claim for benefits under 5 U.S.C. 81, or
the Longshore and Harbor Workers' Compensation Act, provide as part of
such notice and claim, such identifying information (including Social
Security account number) as such regulations may prescribe.
special benefits for disabled coal miners
For carrying out title IV of the Federal Mine Safety and Health Act
of 1977, as amended by Public Law 107-275, $141,227,000, to remain
available until expended.
For making after July 31 of the current fiscal year, benefit
payments to individuals under title IV of such Act, for costs incurred
in the current fiscal year, such amounts as may be necessary.
For making benefit payments under title IV for the first quarter of
fiscal year 2013, $40,000,000, to remain available until expended.
administrative expenses, energy employees occupational illness
compensation fund
For necessary expenses to administer the Energy Employees
Occupational Illness Compensation Program Act, $52,147,000, to remain
available until expended: Provided, That the Secretary may require
that any person filing a claim for benefits under the Act provide as
part of such claim such identifying information (including Social
Security account number) as may be prescribed.
black lung disability trust fund
(including transfer of funds)
Such sums as may be necessary from the Black Lung Disability Trust
Fund (``Fund''), to remain available until expended, for payment of all
benefits authorized by section 9501(d)(1), (2), (6), and (7) of the
Internal Revenue Code of 1986; and repayment of, and payment of
interest on advances, as authorized by section 9501(d)(4) of that Act.
In addition, the following amounts may be expended from the Fund for
fiscal year 2012 for expenses of operation and administration of the
Black Lung Benefits program, as authorized by section 9501(d)(5): not
to exceed $32,906,000 for transfer to the Office of Workers'
Compensation Programs, ``Salaries and Expenses''; not to exceed
$25,217,000 for transfer to Departmental Management, ``Salaries and
Expenses''; not to exceed $327,000 for transfer to Departmental
Management, ``Office of Inspector General''; and not to exceed $356,000
for payments into miscellaneous receipts for the expenses of the
Department of the Treasury.
Occupational Safety and Health Administration
salaries and expenses
For necessary expenses for the Occupational Safety and Health
Administration, $565,857,000, including not to exceed $104,393,000
which shall be the maximum amount available for grants to States under
section 23(g) of the Occupational Safety and Health Act (``Act''),
which grants shall be no less than 50 percent of the costs of State
occupational safety and health programs required to be incurred under
plans approved by the Secretary under section 18 of the Act; and, in
addition, notwithstanding 31 U.S.C. 3302, the Occupational Safety and
Health Administration may retain up to $200,000 per fiscal year of
training institute course tuition fees, otherwise authorized by law to
be collected, and may utilize such sums for occupational safety and
health training and education: Provided, That notwithstanding 31
U.S.C. 3302, the Secretary is authorized, during the fiscal year ending
September 30, 2012, to collect and retain fees for services provided to
Nationally Recognized Testing Laboratories, and may utilize such sums,
in accordance with the provisions of 29 U.S.C. 9a, to administer
national and international laboratory recognition programs that ensure
the safety of equipment and products used by workers in the workplace:
Provided further, That none of the funds appropriated under this
paragraph shall be obligated or expended to prescribe, issue,
administer, or enforce any standard, rule, regulation, or order under
the Act which is applicable to any person who is engaged in a farming
operation which does not maintain a temporary labor camp and employs 10
or fewer employees: Provided further, That no funds appropriated under
this paragraph shall be obligated or expended to administer or enforce
any standard, rule, regulation, or order under the Act with respect to
any employer of 10 or fewer employees who is included within a category
having a Days Away, Restricted, or Transferred (DART) occupational
injury and illness rate, at the most precise industrial classification
code for which such data are published, less than the national average
rate as such rates are most recently published by the Secretary, acting
through the Bureau of Labor Statistics, in accordance with section 24
of the Act, except--
(1) to provide, as authorized by the Act, consultation,
technical assistance, educational and training services, and to
conduct surveys and studies;
(2) to conduct an inspection or investigation in response to an
employee complaint, to issue a citation for violations found during
such inspection, and to assess a penalty for violations which are
not corrected within a reasonable abatement period and for any
willful violations found;
(3) to take any action authorized by the Act with respect to
imminent dangers;
(4) to take any action authorized by the Act with respect to
health hazards;
(5) to take any action authorized by the Act with respect to a
report of an employment accident which is fatal to one or more
employees or which results in hospitalization of two or more
employees, and to take any action pursuant to such investigation
authorized by the Act; and
(6) to take any action authorized by the Act with respect to
complaints of discrimination against employees for exercising
rights under the Act:
Provided further, That the foregoing proviso shall not apply to any
person who is engaged in a farming operation which does not maintain a
temporary labor camp and employs 10 or fewer employees: Provided
further, That $10,729,000 shall be available for Susan Harwood training
grants.
Mine Safety and Health Administration
salaries and expenses
(including transfer of funds)
For necessary expenses for the Mine Safety and Health
Administration, $374,000,000, including purchase and bestowal of
certificates and trophies in connection with mine rescue and first-aid
work, and the hire of passenger motor vehicles, including up to
$2,000,000 for mine rescue and recovery activities; in addition, not to
exceed $750,000 may be collected by the National Mine Health and Safety
Academy for room, board, tuition, and the sale of training materials,
otherwise authorized by law to be collected, to be available for mine
safety and health education and training activities, notwithstanding 31
U.S.C. 3302; and, in addition, the Mine Safety and Health
Administration may retain up to $1,499,000 from fees collected for the
approval and certification of equipment, materials, and explosives for
use in mines, and may utilize such sums for such activities; and, in
addition, the Secretary may transfer from amounts provided under this
heading up to $3,000,000 to ``Departmental Management'' for activities
related to the Office of the Solicitor's caseload before the Federal
Mine Safety and Health Review Commission; the Secretary is authorized
to accept lands, buildings, equipment, and other contributions from
public and private sources and to prosecute projects in cooperation
with other agencies, Federal, State, or private; the Mine Safety and
Health Administration is authorized to promote health and safety
education and training in the mining community through cooperative
programs with States, industry, and safety associations; the Secretary
is authorized to recognize the Joseph A. Holmes Safety Association as a
principal safety association and, notwithstanding any other provision
of law, may provide funds and, with or without reimbursement,
personnel, including service of Mine Safety and Health Administration
officials as officers in local chapters or in the national
organization; and any funds available to the Department of Labor may be
used, with the approval of the Secretary, to provide for the costs of
mine rescue and survival operations in the event of a major disaster.
Bureau of Labor Statistics
salaries and expenses
For necessary expenses for the Bureau of Labor Statistics,
including advances or reimbursements to State, Federal, and local
agencies and their employees for services rendered, $542,921,000,
together with not to exceed $67,303,000 which may be expended from the
Employment Security Administration Account in the Unemployment Trust
Fund, of which $1,500,000 may be used to fund the mass layoff
statistics program under section 15 of the Wagner-Peyser Act.
Office of Disability Employment Policy
salaries and expenses
For necessary expenses for the Office of Disability Employment
Policy to provide leadership, develop policy and initiatives, and award
grants furthering the objective of eliminating barriers to the training
and employment of people with disabilities, $38,953,000.
Departmental Management
salaries and expenses
(including transfer of funds)
For necessary expenses for Departmental Management, including the
hire of three passenger motor vehicles, $346,683,000, together with not
to exceed $326,000, which may be expended from the Employment Security
Administration Account in the Unemployment Trust Fund: Provided, That
$66,500,000 for the Bureau of International Labor Affairs shall be
available for obligation through December 31, 2012: Provided further,
That funds available to the Bureau of International Labor Affairs may
be used to administer or operate international labor activities,
bilateral and multilateral technical assistance, and microfinance
programs, by or through contracts, grants, subgrants and other
arrangements: Provided further, That $40,000,000 shall be for programs
to combat exploitative child labor internationally: Provided further,
That not less than $6,500,000 shall be used to implement model programs
that address worker rights issues through technical assistance in
countries with which the United States has free trade agreements or
trade preference programs: Provided further, That $8,500,000 shall be
used for program evaluation and shall be available for obligation
through September 30, 2013: Provided further, That funds available for
program evaluation may be transferred to any other appropriate account
in the Department for such purpose: Provided further, That the funds
available to the Women's Bureau may be used for grants to serve and
promote the interests of women in the workforce.
veterans employment and training
Not to exceed $212,060,000 may be derived from the Employment
Security Administration Account in the Unemployment Trust Fund to carry
out the provisions of 38 U.S.C. 4100-4113, 4211-4215, and 4321-4327,
and Public Law 103-353, and which shall be available for obligation by
the States through December 31, 2012, of which $2,444,000 is for the
National Veterans' Employment and Training Services Institute.
In addition, to carry out Department of Labor programs under
section 5(a)(1) of the Homeless Veterans Comprehensive Assistance Act
of 2001 and the Veterans Workforce Investment Programs under section
168 of the WIA, $52,879,000, of which $14,622,000 shall be available
for obligation for the period July 1, 2012 through June 30, 2013.
it modernization
For necessary expenses for Department of Labor centralized
infrastructure technology investment activities related to support
systems and modernization, $19,852,000.
office of inspector general
For salaries and expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978,
$77,937,000, together with not to exceed $5,909,000 which may be
expended from the Employment Security Administration Account in the
Unemployment Trust Fund.
General Provisions
Sec. 101. None of the funds appropriated by this Act for the Job
Corps shall be used to pay the salary and bonuses of an individual,
either as direct costs or any proration as an indirect cost, at a rate
in excess of Executive Level II.
(transfer of funds)
Sec. 102. Not to exceed 1 percent of any discretionary funds
(pursuant to the Balanced Budget and Emergency Deficit Control Act of
1985) which are appropriated for the current fiscal year for the
Department of Labor in this Act may be transferred between a program,
project, or activity, but no such program, project, or activity shall
be increased by more than 3 percent by any such transfer: Provided,
That the transfer authority granted by this section shall be available
only to meet emergency needs and shall not be used to create any new
program or to fund any project or activity for which no funds are
provided in this Act: Provided further, That the Committees on
Appropriations of the House of Representatives and the Senate are
notified at least 15 days in advance of any transfer.
Sec. 103. In accordance with Executive Order No. 13126, none of
the funds appropriated or otherwise made available pursuant to this Act
shall be obligated or expended for the procurement of goods mined,
produced, manufactured, or harvested or services rendered, in whole or
in part, by forced or indentured child labor in industries and host
countries already identified by the United States Department of Labor
prior to enactment of this Act.
Sec. 104. None of the funds made available to the Department of
Labor for grants under section 414(c) of the American Competitiveness
and Workforce Improvement Act of 1998 may be used for any purpose other
than competitive grants for training in the occupations and industries
for which employers are using H-1B visas to hire foreign workers, and
the related activities necessary to support such training.
Sec. 105. None of the funds made available by this Act under the
heading ``Employment and Training Administration'' shall be used by a
recipient or subrecipient of such funds to pay the salary and bonuses
of an individual, either as direct costs or indirect costs, at a rate
in excess of Executive Level II. This limitation shall not apply to
vendors providing goods and services as defined in Office of Management
and Budget Circular A-133. Where States are recipients of such funds,
States may establish a lower limit for salaries and bonuses of those
receiving salaries and bonuses from subrecipients of such funds, taking
into account factors including the relative cost-of-living in the
State, the compensation levels for comparable State or local government
employees, and the size of the organizations that administer Federal
programs involved including Employment and Training Administration
programs. Notwithstanding this section, the limitation on salaries for
the Job Corps shall continue to be governed by section 101.
Sec. 106. The Secretary shall take no action to amend, through
regulatory or administration action, the definition established in
section 667.220 of title 20 of the Code of Federal Regulations for
functions and activities under title I of WIA, or to modify, through
regulatory or administrative action, the procedure for redesignation of
local areas as specified in subtitle B of title I of that Act
(including applying the standards specified in section 116(a)(3)(B) of
that Act, but notwithstanding the time limits specified in section
116(a)(3)(B) of that Act), until such time as legislation reauthorizing
the Act is enacted. Nothing in the preceding sentence shall permit or
require the Secretary to withdraw approval for such redesignation from
a State that received the approval not later than October 12, 2005, or
to revise action taken or modify the redesignation procedure being used
by the Secretary in order to complete such redesignation for a State
that initiated the process of such redesignation by submitting any
request for such redesignation not later than October 26, 2005.
(including transfer of funds)
Sec. 107. Notwithstanding section 102, the Secretary may transfer
funds made available to the Employment and Training Administration by
this Act or by Public Law 112-10, either directly or through a set-
aside, for technical assistance services to grantees to ``Program
Administration'' when it is determined that those services will be more
efficiently performed by Federal employees.
(including transfer of funds)
Sec. 108. (a) The Secretary may reserve not more than 0.5 percent
from each appropriation made available in this Act identified in
subsection (b) in order to carry out evaluations of any of the programs
or activities that are funded under such accounts. Any funds reserved
under this section shall be transferred to ``Departmental Management''
for use by the Office of the Chief Evaluation Officer within the
Department of Labor, and shall be available for obligation through
September 30, 2013: Provided, That such funds shall only be available
if the Chief Evaluation Officer of the Department of Labor submits a
plan to the Committees on Appropriations of the House of
Representatives and the Senate describing the evaluations to be carried
out 15 days in advance of any transfer.
(b) The accounts referred to in subsection (a) are: ``Office of Job
Corps'', ``State Unemployment Insurance and Employment Service
Operations'', ``Employee Benefits Security Administration'', ``Office
of Workers' Compensation Programs'', ``Wage and Hour Division'',
``Office of Federal Contract Compliance Programs'', ``Office of Labor
Management Standards'', ``Occupational Safety and Health
Administration'', ``Mine Safety and Health Administration'', and
``Veterans Employment and Training''.
Sec. 109. None of the funds made available by this Act may be used
to promulgate the Definition of ``Fiduciary'' regulation (Regulatory
Identification Number 1210-AB32) published by the Employee Benefits
Security Administration of the Department of Labor on October 22, 2010
(75 Fed. Reg. 65263).
Sec. 110. None of the amounts made available under this Act may be
used to implement the rule entitled ``Wage Methodology for the
Temporary Non-Agricultural Employment H-2B Program'' (76 Fed. Reg. 3452
(January 19, 2011)).
Sec. 111. None of the funds made available by this Act may be used
to continue the development of or to promulgate, administer, enforce,
or otherwise implement the Occupational Injury and Illness Recording
and Reporting Requirements--Musculoskeletal Disorders (MSD) Column
regulation (Regulatory Identification Number 1218-AC45) being developed
by the Occupational Safety and Health Administration of the Department
of Labor.
Sec. 112. None of the funds made available by this Act may be used
to implement or enforce the proposed rule entitled ``Lowering Miners'
Exposure to Coal Mine Dust, Including Continuous Personal Dust
Monitors'' regulation published by the Mine Safety and Health
Administration (MSHA) of the Department of Labor on October 19, 2010
(75 Fed. Reg. 64412, RIN 1219-AB64) until--
(1) the Government Accountability Office--
(A) issues, at a minimum, an interim report which--
(i) evaluates the completeness of MSHA's data
collection and sampling, to include an analysis of whether
such data supports current trends of the incidence of lung
disease arising from occupational exposure to respirable
coal mine dust across working underground coal miners; and
(ii) assesses the sufficiency of MSHA's analytical
methodology; and
(B) not later than 240 days after enactment of this Act,
submits the report described in subparagraph (A) to the
Committees on Appropriations of the House of Representatives
and the Senate; or
(2) the deadline described in paragraph (1)(B) for submission
of the report has passed.
Sec. 113. None of the funds made available by this Act may be used
by the Secretary to administer or enforce 29 CFR 779.372(c)(4).
This title may be cited as the ``Department of Labor Appropriations
Act, 2012''.
TITLE II
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Health Resources and Services Administration
primary health care
For carrying out titles II and III of the Public Health Service Act
(referred to in this Act as the ``PHS Act'') with respect to primary
health care and the Native Hawaiian Health Care Act of 1988,
$1,598,957,000, of which $129,000 shall be available until expended for
facilities renovations at the Gillis W. Long Hansen's Disease Center:
Provided, That no more than $40,000 shall be available until expended
for carrying out the provisions of section 224(o) of the PHS Act,
including associated administrative expenses and relevant evaluations:
Provided further, That no more than $95,073,000 shall be available
until expended for carrying out the provisions of Public Law 104-73 and
for expenses incurred by the Department of Health and Human Services
(referred to in this Act as ``HHS'') pertaining to administrative
claims made under such law.
health workforce
For carrying out titles III, VII, and VIII of the PHS Act with
respect to the health workforce, section 1128E of the Social Security
Act, and the Health Care Quality Improvement Act of 1986, $734,402,000:
Provided, That sections 747(c)(2), 751(j)(2), and the proportional
funding amounts in paragraphs (1) through (4) of section 756(e) of the
PHS Act shall not apply to funds made available under this heading:
Provided further, That for any program operating under section 751 of
the PHS Act on or before January 1, 2009, the Secretary of Health and
Human Services (referred to in this title as ``Secretary'') may waive
any of the requirements contained in sections 751(d)(2)(A) and
751(d)(2)(B) of such Act for the full project period of a grant under
such section: Provided further, That no funds shall be available for
section 340G-1 of the PHS Act: Provided further, That in addition to
fees authorized by section 427(b) of the Health Care Quality
Improvement Act of 1986, fees shall be collected for the full
disclosure of information under such Act sufficient to recover the full
costs of operating the National Practitioner Data Bank and shall remain
available until expended to carry out that Act: Provided further, That
fees collected for the full disclosure of information under the
``Health Care Fraud and Abuse Data Collection Program'', authorized by
section 1128E(d)(2) of the Social Security Act, shall be sufficient to
recover the full costs of operating the program, and shall remain
available until expended to carry out that Act: Provided further, That
funds transferred to this account to carry out section 846 and subpart
3 of part D of title III of the PHS Act may be used to make prior year
adjustments to awards made under such sections.
maternal and child health
For carrying out titles III, XI, XII, and XIX of the PHS Act with
respect to maternal and child health, title V of the Social Security
Act, and section 712 of the American Jobs Creation Act of 2004,
$863,607,000: Provided, That notwithstanding sections 502(a)(1) and
502(b)(1) of the Social Security Act, not more than $79,586,000 shall
be available for carrying out special projects of regional and national
significance pursuant to section 501(a)(2) of such Act and $10,400,000
shall be available for projects described in paragraphs (A) through (F)
of section 501(a)(3) of such Act.
ryan white hiv/aids program
For carrying out title XXVI of the PHS Act with respect to the Ryan
White HIV/AIDS program, $2,326,665,000, of which $1,995,670,000 shall
remain available to the Secretary of Health and Human Services through
September 30, 2014, for parts A and B of title XXVI of the PHS Act, and
of which not less than $900,000,000 shall be for State AIDS Drug
Assistance Programs under the authority of section 2616 or 311(c) of
such Act: Provided, That in addition to amounts provided herein,
$25,000,000 shall be available from amounts available under section 241
of the PHS Act to carry out parts A, B, C, and D of title XXVI of the
PHS Act to fund Special Projects of National Significance under section
2691.
health care systems
For carrying out titles III and XII of the PHS Act with respect to
health care systems, and the Stem Cell Therapeutic and Research Act of
2005, $83,526,000.
rural health
For carrying out titles III and IV of the PHS Act with respect to
rural health, section 427(a) of the Federal Coal Mine Health and Safety
Act, the Cardiac Arrest Survival Act of 2000, and sections 711 and 1820
of the Social Security Act, $139,832,000, of which $41,118,000 from
general revenues, notwithstanding section 1820(j) of the Social
Security Act, shall be available for carrying out the Medicare rural
hospital flexibility grants program: Provided, That of the funds made
available under this heading for Medicare rural hospital flexibility
grants, $15,000,000 shall be available for the Small Rural Hospital
Improvement Grant Program for quality improvement and adoption of
health information technology and $1,000,000 shall be to carry out
section 1820(g)(6) of the Social Security Act, with funds provided for
grants under section 1820(g)(6) available for the purchase and
implementation of telehealth services, including pilots and
demonstrations on the use of electronic health records to coordinate
rural veterans care between rural providers and the Department of
Veterans Affairs electronic health record system: Provided further,
That notwithstanding section 338J(k) of the PHS Act, $10,055,000 shall
be available for State Offices of Rural Health.
family planning
For carrying out the program under title X of the PHS Act to
provide for voluntary family planning projects, $297,400,000:
Provided, That amounts provided to said projects under such title shall
not be expended for abortions, that all pregnancy counseling shall be
nondirective, and that such amounts shall not be expended for any
activity (including the publication or distribution of literature) that
in any way tends to promote public support or opposition to any
legislative proposal or candidate for public office.
program management
For program support in the Health Resources and Services
Administration, $161,815,000: Provided, That funds made available
under this heading may be used to supplement program support funding
provided under the headings ``Primary Health Care'', ``Health
Workforce'', ``Maternal and Child Health'', ``Ryan White HIV/AIDS
Program'', ``Health Care Systems'', and ``Rural Health''.
health education assistance loans program account
Such sums as may be necessary to carry out the purpose of the
program, as authorized by title VII of the PHS Act. For administrative
expenses to carry out the guaranteed loan program, including section
709 of the PHS Act, $2,841,000.
vaccine injury compensation program trust fund
For payments from the Vaccine Injury Compensation Program Trust
Fund (``Trust Fund''), such sums as may be necessary for claims
associated with vaccine-related injury or death with respect to
vaccines administered after September 30, 1988, pursuant to subtitle 2
of title XXI of the PHS Act, to remain available until expended:
Provided, That for necessary administrative expenses, not to exceed
$6,489,000 shall be available from the Trust Fund to the Secretary.
Centers for Disease Control and Prevention
immunization and respiratory diseases
For carrying out titles II, III, VII, XVII, and XXI, and section
2821 of the PHS Act, titles II and IV of the Immigration and
Nationality Act, and section 501 of the Refugee Education Assistance
Act, with respect to immunization and respiratory diseases,
$579,375,000: Provided, That in addition to amounts provided herein,
$12,864,000 shall be available from amounts available under section 241
of the PHS Act to carry out the National Immunization Surveys.
hiv/aids, viral hepatitis, sexually transmitted diseases, and
tuberculosis prevention
For carrying out titles II, III, VII, XVII, XXIII, and XXVI of the
PHS Act with respect to HIV/AIDS, viral hepatitis, sexually transmitted
diseases, and tuberculosis prevention, $1,105,995,000.
emerging and zoonotic infectious diseases
For carrying out titles II, III, VII, and XVII, and section 2821 of
the PHS Act, titles II and IV of the Immigration and Nationality Act,
and section 501 of the Refugee Education Assistance Act, with respect
to emerging and zoonotic infectious diseases, $253,919,000.
chronic disease prevention and health promotion
For carrying out titles II, III, VII, XI, XV, XVII, and XIX of the
PHS Act with respect to chronic disease prevention and health
promotion, $760,700,000: Provided, That funds appropriated under this
account may be available for making grants under section 1509 of the
PHS Act for not less than 21 States, tribes, or tribal organizations.
birth defects, developmental disabilities, disabilities and health
For carrying out titles II, III, VII, XI, and XVII of the PHS Act
with respect to birth defects, developmental disabilities, disabilities
and health, $138,072,000.
public health scientific services
For carrying out titles II and III of the PHS Act with respect to
health statistics, surveillance, informatics, and workforce
development, $144,795,000: Provided, That in addition to amounts
provided herein, $247,769,000 shall be available from amounts available
under section 241 of the PHS Act to carry out Public Health Scientific
Services.
environmental health
For carrying out titles II, III, VII, and XVII of the PHS Act with
respect to environmental health, $105,598,000.
injury prevention and control
For carrying out titles II, III, VII, and XVII of the PHS Act with
respect to injury prevention and control, $138,480,000.
national institute for occupational safety and health
For carrying out titles II, III, VII, and XVII of the PHS Act,
sections 101, 102, 103, 201, 202, 203, 301, 501, and 514 of the Federal
Mine Safety and Health Act, section 13 of the Mine Improvement and New
Emergency Response Act, and sections 20, 21, and 22 of the Occupational
Safety and Health Act, with respect to occupational safety and health,
$182,903,000: Provided, That in addition to amounts provided herein,
$110,724,000 shall be available from amounts available under section
241 of the PHS Act.
employees occupational illness compensation program
For necessary expenses to administer the Energy Employees
Occupational Illness Compensation Program Act, $55,358,000, to remain
available until expended, of which $4,500,000 shall be for use by or in
support of the Advisory Board on Radiation and Worker Health
(``Board'') to carry out its statutory responsibilities, including
obtaining audits, technical assistance, and other support from the
Board's audit contractor with regard to radiation dose estimation and
reconstruction efforts, site profiles, procedures, and review of
Special Exposure Cohort petitions and evaluation reports: Provided,
That this amount shall be available consistent with the provision
regarding administrative expenses in section 151(b) of division B,
title I of Public Law 106-554.
global health
For carrying out titles II, III, VII and XVII of the PHS Act with
respect to global health, $349,547,000, of which $118,023,000 for
international HIV/AIDS shall remain available through September 30,
2013: Provided, That funds may be used for purchase and insurance of
official motor vehicles in foreign countries.
public health preparedness and response
For carrying out titles II, III, VII, and XVII of the PHS Act with
respect to public health preparedness and response, and for expenses
necessary to support activities related to countering potential
biological, nuclear, radiological, and chemical threats to civilian
populations, $1,306,906,000, of which $509,486,000 shall remain
available until expended for the Strategic National Stockpile under
section 319F-2 of the PHS Act.
cdc-wide activities and program support
For carrying out titles II, III, VII, XVII and XIX, and section
2821 of the PHS Act and for cross-cutting activities and program
support that supplement activities funded under the headings
``Immunization and Respiratory Diseases'', ``HIV/AIDS, Viral Hepatitis,
Sexually Transmitted Diseases, and Tuberculosis Prevention'',
``Emerging and Zoonotic Infectious Diseases'', ``Chronic Disease
Prevention and Health Promotion'', ``Birth Defects, Developmental
Disabilities, Disabilities and Health'', ``Environmental Health'',
``Injury Prevention and Control'', ``National Institute for
Occupational Safety and Health'', ``Employees Occupational Illness
Compensation Program Act'', ``Global Health'', ``Public Health
Preparedness and Response'', and ``Public Health Scientific Services'',
$621,445,000, of which $30,000,000 shall be available until September
30, 2013, for business services, of which $25,000,000 shall be
available until September 30, 2016, for equipment, construction and
renovation of facilities, and of which $80,000,000 shall be for the
Preventive Health and Health Services Block Grant Program: Provided,
That paragraphs (1) through (3) of subsection (b) of section 2821 of
the PHS Act shall not apply to funds appropriated under this heading
and in all other accounts of the Centers for Disease Control and
Prevention (referred to in this title as ``CDC''): Provided further,
That funds appropriated under this heading and in all other accounts of
CDC may be used to support the purchase, hire, maintenance, and
operation of aircraft for use and support of the activities of CDC:
Provided further, That employees of CDC or the Public Health Service,
both civilian and commissioned officers, detailed to States,
municipalities, or other organizations under authority of section 214
of the PHS Act, or in overseas assignments, shall be treated as non-
Federal employees for reporting purposes only and shall not be included
within any personnel ceiling applicable to the Agency, Service, or HHS
during the period of detail or assignment: Provided further, That CDC
may use up to $10,000 from amounts appropriated to CDC in this Act for
official reception and representation expenses when specifically
approved by the Director of CDC: Provided further, That in addition,
such sums as may be derived from authorized user fees, which shall be
credited to the appropriation charged with the cost thereof: Provided
further, That with respect to the previous proviso, authorized user
fees from the Vessel Sanitation Program shall be available through
September 30, 2013: Provided further, That of the funds made available
under this heading, up to $1,000 per eligible employee of CDC shall be
made available until expended for Individual Learning Accounts:
Provided further, That CDC may establish a Working Capital Fund, with
the authorities equivalent to those provided in 42 U.S.C. 231, to
improve the provision of supplies and service.
National Institutes of Health
national cancer institute
For carrying out section 301 and title IV of the PHS Act with
respect to cancer, $5,081,788,000, of which up to $8,000,000 may be
used for facilities repairs and improvements at the National Cancer
Institute--Frederick Federally Funded Research and Development Center
in Frederick, Maryland.
national heart, lung, and blood institute
For carrying out section 301 and title IV of the PHS Act with
respect to cardiovascular, lung, and blood diseases, and blood and
blood products, $3,084,851,000.
national institute of dental and craniofacial research
For carrying out section 301 and title IV of the PHS Act with
respect to dental disease, $411,488,000.
national institute of diabetes and digestive and kidney diseases
For carrying out section 301 and title IV of the PHS Act with
respect to diabetes and digestive and kidney disease, $1,800,447,000.
national institute of neurological disorders and stroke
For carrying out section 301 and title IV of the PHS Act with
respect to neurological disorders and stroke, $1,629,445,000.
national institute of allergy and infectious diseases
For carrying out section 301 and title IV of the PHS Act with
respect to allergy and infectious diseases, $4,499,215,000.
national institute of general medical sciences
For carrying out section 301 and title IV of the PHS Act with
respect to general medical sciences, $2,434,637,000: Provided, That
not less than $276,480,000 is provided for the Institutional
Development Awards program.
eunice kennedy shriver national institute of child health and human
development
For carrying out section 301 and title IV of the PHS Act with
respect to child health and human development, $1,323,900,000.
national eye institute
For carrying out section 301 and title IV of the PHS Act with
respect to eye diseases and visual disorders, $704,043,000.
national institute of environmental health sciences
For carrying out section 301 and title IV of the PHS Act with
respect to environmental health sciences, $686,869,000.
national institute on aging
For carrying out section 301 and title IV of the PHS Act with
respect to aging, $1,105,530,000.
national institute of arthritis and musculoskeletal and skin diseases
For carrying out section 301 and title IV of the PHS Act with
respect to arthritis and musculoskeletal and skin diseases,
$536,801,000.
national institute on deafness and other communication disorders
For carrying out section 301 and title IV of the PHS Act with
respect to deafness and other communication disorders, $417,061,000.
national institute of nursing research
For carrying out section 301 and title IV of the PHS Act with
respect to nursing research, $145,043,000.
national institute on alcohol abuse and alcoholism
For carrying out section 301 and title IV of the PHS Act with
respect to alcohol abuse and alcoholism, $460,389,000.
national institute on drug abuse
For carrying out section 301 and title IV of the PHS Act with
respect to drug abuse, $1,055,362,000.
national institute of mental health
For carrying out section 301 and title IV of the PHS Act with
respect to mental health, $1,483,068,000.
national human genome research institute
For carrying out section 301 and title IV of the PHS Act with
respect to human genome research, $513,844,000.
national institute of biomedical imaging and bioengineering
For carrying out section 301 and title IV of the PHS Act with
respect to biomedical imaging and bioengineering research,
$338,998,000.
national center for complementary and alternative medicine
For carrying out section 301 and title IV of the PHS Act with
respect to complementary and alternative medicine, $128,299,000.
national institute on minority health and health disparities
For carrying out section 301 and title IV of the PHS Act with
respect to minority health and health disparities research,
$276,963,000.
john e. fogarty international center
For carrying out the activities of the John E. Fogarty
International Center (described in subpart 2 of part E of title IV of
the PHS Act), $69,754,000.
national library of medicine
For carrying out section 301 and title IV of the PHS Act with
respect to health information communications, $338,278,000, of which
$4,000,000 shall be available until September 30, 2013, for improvement
of information systems: Provided, That in fiscal year 2012, the
National Library of Medicine may enter into personal services contracts
for the provision of services in facilities owned, operated, or
constructed under the jurisdiction of the National Institutes of Health
(referred to in this title as ``NIH''): Provided further, That in
addition to amounts provided herein, $8,200,000 shall be available from
amounts available under section 241 of the PHS Act to carry out the
purposes of the National Information Center on Health Services Research
and Health Care Technology established under section 478A of the PHS
Act and related health services.
national center for advancing translational sciences
For carrying out section 301 and title IV of the PHS Act with
respect to translational sciences, $576,456,000: Provided, That up to
$10,000,000 shall be available to implement section 402C of the PHS
Act, relating to the Cures Acceleration Network: Provided further,
That funds appropriated may be used to support the reorganization and
activities required to eliminate the National Center for Research
Resources: Provided further, That the Director of the NIH shall ensure
that, of all funds made available to Institute, Center, and Office of
the Director accounts within ``Department of Health and Human Services,
National Institutes of Health'', at least $487,767,000 is provided to
the Clinical and Translational Sciences Awards program.
office of the director
For carrying out the responsibilities of the Office of the
Director, NIH, $1,461,880,000, of which up to $25,000,000 shall be used
to carry out section 213 of this Act: Provided, That funding shall be
available for the purchase of not to exceed 29 passenger motor vehicles
for replacement only: Provided further, That NIH is authorized to
collect third-party payments for the cost of clinical services that are
incurred in NIH research facilities and that such payments shall be
credited to the NIH Management Fund: Provided further, That all funds
credited to the NIH Management Fund shall remain available for one
fiscal year after the fiscal year in which they are deposited:
Provided further, That $193,880,000 shall be available for continuation
of the National Children's Study: Provided further, That $545,962,000
shall be available for the Common Fund established under section
402A(c)(1) of the PHS Act: Provided further, That of the funds
provided $10,000 shall be for official reception and representation
expenses when specifically approved by the Director of the NIH:
Provided further, That the Office of AIDS Research within the Office of
the Director of the NIH may spend up to $8,000,000 to make grants for
construction or renovation of facilities as provided for in section
2354(a)(5)(B) of the PHS Act.
buildings and facilities
For the study of, construction of, renovation of, and acquisition
of equipment for, facilities of or used by NIH, including the
acquisition of real property, $125,581,000, to remain available until
September 30, 2016.
Substance Abuse and Mental Health Services Administration
mental health
For carrying out titles III, V, and XIX of the PHS Act with respect
to mental health, and the Protection and Advocacy for Individuals with
Mental Illness Act, $934,853,000: Provided, That notwithstanding
section 520A(f)(2) of the PHS Act, no funds appropriated for carrying
out section 520A shall be available for carrying out section 1971 of
the PHS Act: Provided further, That in addition to amounts provided
herein, $21,039,000 shall be available under section 241 of the PHS Act
to carry out subpart I of part B of title XIX of the PHS Act to fund
section 1920(b) technical assistance, national data, data collection
and evaluation activities, and further that the total available under
this Act for section 1920(b) activities shall not exceed 5 percent of
the amounts appropriated for subpart I of part B of title XIX:
Provided further, That section 520E(b)(2) of the PHS Act shall not
apply to funds appropriated under this Act for fiscal year 2012:
Provided further, That of the amount appropriated under this heading,
$45,800,000 shall be for the National Child Traumatic Stress Initiative
as described in section 582 of the PHS Act.
substance abuse treatment
For carrying out titles III, V, and XIX of the PHS Act with respect
to substance abuse treatment and section 1922(a) of the PHS Act with
respect to substance abuse prevention, $2,123,993,000: Provided, That
in addition to amounts provided herein, the following amounts shall be
available under section 241 of the PHS Act: (1) $79,200,000 to carry
out subpart II of part B of title XIX of the PHS Act to fund section
1935(b) technical assistance, national data, data collection and
evaluation activities, and further that the total available under this
Act for section 1935(b) activities shall not exceed 5 percent of the
amounts appropriated for subpart II of part B of title XIX; and (2)
$2,000,000 to evaluate substance abuse treatment programs: Provided
further, That no funds shall be available for the National All
Schedules Prescription Reporting system.
substance abuse prevention
For carrying out titles III and V of the PHS Act with respect to
substance abuse prevention, $186,361,000.
health surveillance and program support
For program support and cross-cutting activities that supplement
activities funded under the headings ``Mental Health'', ``Substance
Abuse Treatment'', and ``Substance Abuse Prevention'' in carrying out
titles III, V, and XIX of the PHS Act and the Protection and Advocacy
for Individuals with Mental Illness Act in the Substance Abuse and
Mental Health Services Administration, $109,106,000: Provided, That in
addition to amounts provided herein, $27,428,000 shall be available
under section 241 of the PHS Act to supplement funds available to carry
out national surveys on drug abuse and mental health, to collect and
analyze program data, and to conduct public awareness and technical
assistance activities: Provided further, That funds made available
under this heading may be used to supplement program support funding
provided under the headings ``Mental Health'', ``Substance Abuse
Treatment'', and ``Substance Abuse Prevention''.
Agency for Healthcare Research and Quality
healthcare research and quality
For carrying out titles III and IX of the PHS Act, part A of title
XI of the Social Security Act, and section 1013 of the Medicare
Prescription Drug, Improvement, and Modernization Act of 2003,
$369,053,000 shall be available from amounts available under section
241 of the PHS Act, notwithstanding subsection 947(c) of such Act:
Provided, That in addition, amounts received from Freedom of
Information Act fees, reimbursable and interagency agreements, and the
sale of data shall be credited to this appropriation and shall remain
available until September 30, 2013.
Centers for Medicare and Medicaid Services
grants to states for medicaid
For carrying out, except as otherwise provided, titles XI and XIX
of the Social Security Act, $184,279,110,000, to remain available until
expended.
For making, after May 31, 2012, payments to States under title XIX
or in the case of section 1928 on behalf of States under title XIX of
the Social Security Act for the last quarter of fiscal year 2012 for
unanticipated costs incurred for the current fiscal year, such sums as
may be necessary.
For making payments to States or in the case of section 1928 on
behalf of States under title XIX of the Social Security Act for the
first quarter of fiscal year 2013, $90,614,082,000, to remain available
until expended.
Payment under such title XIX may be made for any quarter with
respect to a State plan or plan amendment in effect during such
quarter, if submitted in or prior to such quarter and approved in that
or any subsequent quarter.
payments to health care trust funds
For payment to the Federal Hospital Insurance Trust Fund and the
Federal Supplementary Medical Insurance Trust Fund, as provided under
sections 217(g), 1844, and 1860D-16 of the Social Security Act,
sections 103(c) and 111(d) of the Social Security Amendments of 1965,
section 278(d)(3) of Public Law 97-248, and for administrative expenses
incurred pursuant to section 201(g) of the Social Security Act,
$230,741,378,000.
In addition, for making matching payments under section 1844 and
benefit payments under section 1860D-16 of the Social Security Act that
were not anticipated in budget estimates, such sums as may be
necessary.
program management
For carrying out, except as otherwise provided, titles XI, XVIII,
XIX, and XXI of the Social Security Act, titles XIII and XXVII of the
PHS Act, the Clinical Laboratory Improvement Amendments of 1988, and
other responsibilities of the Centers for Medicare and Medicaid
Services, not to exceed $3,879,476,000, to be transferred from the
Federal Hospital Insurance Trust Fund and the Federal Supplementary
Medical Insurance Trust Fund, as authorized by section 201(g) of the
Social Security Act; together with all funds collected in accordance
with section 353 of the PHS Act and section 1857(e)(2) of the Social
Security Act, funds retained by the Secretary pursuant to section 302
of the Tax Relief and Health Care Act of 2006; and such sums as may be
collected from authorized user fees and the sale of data, which shall
be credited to this account and remain available until September 30,
2017: Provided, That all funds derived in accordance with 31 U.S.C.
9701 from organizations established under title XIII of the PHS Act
shall be credited to and available for carrying out the purposes of
this appropriation: Provided further, That $34,000,000, to remain
available through September 30, 2013, shall be for contract costs for
the Healthcare Integrated General Ledger Accounting System: Provided
further, That the Secretary is directed to collect fees in fiscal year
2012 from Medicare Advantage organizations pursuant to section
1857(e)(2) of the Social Security Act and from eligible organizations
with risk-sharing contracts under section 1876 of that Act pursuant to
section 1876(k)(4)(D) of that Act: Provided further, That $44,000,000
shall be available for the State high-risk health insurance pool
program as authorized by the State High Risk Pool Funding Extension Act
of 2006.
health care fraud and abuse control account
In addition to amounts otherwise available for program integrity
and program management, $310,377,000, to remain available through
September 30, 2013, to be transferred from the Federal Hospital
Insurance Trust Fund and the Federal Supplementary Medical Insurance
Trust Fund, as authorized by section 201(g) of the Social Security Act,
of which $219,879,000 shall be for the Medicare Integrity Program at
the Centers for Medicare and Medicaid Services, including
administrative costs, to conduct oversight activities for Medicare
Advantage under Part C and the Medicare Prescription Drug Program under
Part D of the Social Security Act and for activities described in
section 1893(b) of such Act, of which $29,730,000 shall be for the
Department of Health and Human Services Office of Inspector General to
carry out fraud and abuse activities authorized by section 1817(k)(3)
of such Act, of which $31,038,000 shall be for the Medicaid and
Children's Health Insurance Program (``CHIP'') program integrity
activities, and of which $29,730,000 shall be for the Department of
Justice to carry out fraud and abuse activities authorized by section
1817(k)(3) of such Act: Provided, That the report required by section
1817(k)(5) of the Social Security Act for fiscal year 2012 shall
include measures of the operational efficiency and impact on fraud,
waste, and abuse in the Medicare, Medicaid, and CHIP programs for the
funds provided by this appropriation.
Administration for Children and Families
payments to states for child support enforcement and family support
programs
For making payments to States or other non-Federal entities under
titles I, IV-D, X, XI, XIV, and XVI of the Social Security Act and the
Act of July 5, 1960, $2,305,035,000, to remain available until
expended; and for such purposes for the first quarter of fiscal year
2013, $1,100,000,000, to remain available until expended.
For making payments to each State for carrying out the program of
Aid to Families with Dependent Children under title IV-A of the Social
Security Act before the effective date of the program of Temporary
Assistance for Needy Families with respect to such State, such sums as
may be necessary: Provided, That the sum of the amounts available to a
State with respect to expenditures under such title IV-A in fiscal year
1997 under this appropriation and under such title IV-A as amended by
the Personal Responsibility and Work Opportunity Reconciliation Act of
1996 shall not exceed the limitations under section 116(b) of such Act.
For making, after May 31 of the current fiscal year, payments to
States or other non-Federal entities under titles I, IV-D, X, XI, XIV,
and XVI of the Social Security Act and the Act of July 5, 1960, for the
last 3 months of the current fiscal year for unanticipated costs,
incurred for the current fiscal year, such sums as may be necessary.
low income home energy assistance
For making payments under subsections (b) and (d) of section 2602
of the Low Income Home Energy Assistance Act of 1981, $3,478,246,000:
Provided, That all but $497,000,000 of such funds shall be allocated as
though the total appropriation for such payments for fiscal year 2012
was less than $1,975,000,000: Provided further, That notwithstanding
section 2609A(a), of the amounts appropriated under section 2602(b),
not more than $3,000,000 of such amounts may be reserved by the
Secretary for technical assistance, training, and monitoring of program
activities for compliance with internal controls, policies and
procedures.
refugee and entrant assistance
For necessary expenses for refugee and entrant assistance
activities authorized by section 414 of the Immigration and Nationality
Act and section 501 of the Refugee Education Assistance Act of 1980,
for carrying out section 462 of the Homeland Security Act of 2002,
section 235 of the William Wilberforce Trafficking Victims Protection
Reauthorization Act of 2008, and the Trafficking Victims Protection Act
of 2000, for costs associated with the care and placement of
unaccompanied alien children, and for carrying out the Torture Victims
Relief Act of 1998, $769,789,000, of which up to $9,794,000 shall be
available to carry out the Trafficking Victims Protection Act of 2000:
Provided, That funds appropriated under this heading pursuant to
section 414(a) of the Immigration and Nationality Act, section 462 of
the Homeland Security Act of 2002, section 235 of the William
Wilberforce Trafficking Victims Protection Reauthorization Act of 2008,
and the Trafficking Victims Protection Act of 2000 for fiscal year 2012
shall be available for the costs of assistance provided and other
activities to remain available through September 30, 2014.
payments to states for the child care and development block grant
For carrying out the Child Care and Development Block Grant Act of
1990, $2,282,627,000 shall be used to supplement, not supplant State
general revenue funds for child care assistance for low-income
families: Provided, That $19,433,000 shall be available for child care
resource and referral and school-aged child care activities, of which
$1,000,000 shall be available to the Secretary for a competitive grant
for the operation of a national toll free hotline and Web site to
develop and disseminate child care consumer education information for
parents and help parents access child care in their local community:
Provided further, That, in addition to the amounts required to be
reserved by the States under section 658G, $291,248,000 shall be
reserved by the States for activities authorized under section 658G, of
which $106,813,000 shall be for activities that improve the quality of
infant and toddler care: Provided further, That $9,890,000 shall be
for use by the Secretary for child care research, demonstration, and
evaluation activities.
social services block grant
For making grants to States pursuant to section 2002 of the Social
Security Act, $1,700,000,000: Provided, That notwithstanding
subparagraph (B) of section 404(d)(2) of such Act, the applicable
percent specified under such subparagraph for a State to carry out
State programs pursuant to title XX of such Act shall be 10 percent.
children and families services programs
For carrying out, except as otherwise provided, the Runaway and
Homeless Youth Act, the Developmental Disabilities Assistance and Bill
of Rights Act, the Head Start Act, the Child Abuse Prevention and
Treatment Act, sections 303 and 313 of the Family Violence Prevention
and Services Act, the Native American Programs Act of 1974, title II of
the Child Abuse Prevention and Treatment and Adoption Reform Act of
1978 (adoption opportunities), the Abandoned Infants Assistance Act of
1988, section 291 of the Help America Vote Act of 2002, part B-1 of
title IV and sections 413, 1110, and 1115 of the Social Security Act;
for making payments under the Community Services Block Grant Act
(``CSBG Act''), sections 439(i), 473B, and 477(i) of the Social
Security Act, and the Assets for Independence Act; and for necessary
administrative expenses to carry out such Acts and titles I, IV, V, X,
XI, XIV, XVI, and XX of the Social Security Act, the Act of July 5,
1960, the Low Income Home Energy Assistance Act of 1981, title IV of
the Immigration and Nationality Act, and section 501 of the Refugee
Education Assistance Act of 1980, $9,926,709,000, of which $39,421,000,
to remain available through September 30, 2013, shall be for grants to
States for adoption incentive payments, as authorized by section 473A
of the Social Security Act and may be made for adoptions completed
before September 30, 2012: Provided, That $7,983,633,000 shall be for
making payments under the Head Start Act: Provided further, That for
purposes of allocating funds described by the immediately preceding
proviso, the term ``base grant'' as used in subsection (a)(7)(A) of
section 640 of such Act with respect to funding provided to a Head
Start agency (including each Early Head Start agency) for fiscal year
2011 shall be calculated as described in such subsection and to which
amount shall be added 50 percent of the amount of funds appropriated
under the heading ``Department of Health and Human Services,
Administration for Children and Families, Children and Family Services
Programs'' in Public Law 111-5 and provided to such agency for carrying
out expansion of Head Start programs, as that phrase is used in
subsection (a)(4)(D) of such section 640, and provided to such agency
as the ongoing funding level for operations in the 12-month period
beginning in fiscal year 2010: Provided further, That $713,630,000
shall be for making payments under the CSBG Act: Provided further,
That $35,340,000 shall be for sections 680 and 678E(b)(2) of the CSBG
Act, of which not less than $30,000,000 shall be for section 680(a)(2)
and not less than $4,990,000 shall be for section 680(a)(3)(B) of such
Act: Provided further, That in addition to amounts provided herein,
$5,762,000 shall be available from amounts available under section 241
of the PHS Act to carry out the provisions of section 1110 of the
Social Security Act: Provided further, That to the extent Community
Services Block Grant funds are distributed as grant funds by a State to
an eligible entity as provided under the CSBG Act, and have not been
expended by such entity, they shall remain with such entity for
carryover into the next fiscal year for expenditure by such entity
consistent with program purposes: Provided further, That the Secretary
shall establish procedures regarding the disposition of intangible
assets and program income that permit such assets acquired with, and
program income derived from, grant funds authorized under section 680
of the CSBG Act to become the sole property of such grantees after a
period of not more than 12 years after the end of the grant period for
any activity consistent with section 680(a)(2)(A) of the CSBG Act:
Provided further, That intangible assets in the form of loans, equity
investments and other debt instruments, and program income may be used
by grantees for any eligible purpose consistent with section
680(a)(2)(A) of the CSBG Act: Provided further, That these procedures
shall apply to such grant funds made available after November 29, 1999:
Provided further, That funds appropriated for section 680(a)(2) of the
CSBG Act shall be available for financing construction and
rehabilitation and loans or investments in private business enterprises
owned by community development corporations: Provided further, That
$5,245,000 shall be for activities authorized by section 291 of the
Help America Vote Act of 2002: Provided further, That $1,996,000 shall
be for a human services case management system for federally declared
disasters, to include a comprehensive national case management contract
and Federal costs of administering the system: Provided further, That
up to $2,000,000 shall be for improving the Public Assistance Reporting
Information System, including grants to States to support data
collection for a study of the system's effectiveness.
promoting safe and stable families
For carrying out section 436 of the Social Security Act,
$345,000,000 and section 437 of such Act, $63,184,000.
payments for foster care and permanency
For making payments to States or other non-Federal entities under
title IV-E of the Social Security Act, $5,153,000,000.
For making payments to States or other non-Federal entities under
title IV-E of the Social Security Act, for the first quarter of fiscal
year 2013, $2,100,000,000.
For making, after May 31 of the current fiscal year, payments to
States or other non-Federal entities under section 474 of title IV-E of
the Social Security Act, for the last 3 months of the current fiscal
year for unanticipated costs, incurred for the current fiscal year,
such sums as may be necessary.
Administration on Aging
aging services programs
(including transfer of funds)
For carrying out, to the extent not otherwise provided, the Older
Americans Act of 1965 (``OAA''), section 398 and title XXIX of the PHS
Act, section 119 of the Medicare Improvements for Patients and
Providers Act of 2008, $1,473,703,000: Provided, That amounts
appropriated under this heading may be used for grants to States under
section 361 of the OAA only for disease prevention and health promotion
programs and activities which have been demonstrated through rigorous
evaluation to be evidence-based and effective: Provided further, That
none of the funds provided shall be used to carry out sections 1701 and
1703 of the PHS Act (with respect to chronic disease self-management
activity grants), except that such funds may be used for necessary
expenses associated with administering any such grants awarded prior to
the date of the enactment of this Act: Provided further, That the
total amount available for fiscal year 2012 under this and any other
Act to carry out activities related to Aging and Disability Resource
Centers under subsections (a)(20)(B)(iii) and (b)(8) of section 202 of
the OAA shall not exceed the amount obligated for such purposes for
fiscal year 2010 from funds available under Public Law 111-117:
Provided further, That notwithstanding any other provision of this Act,
funds made available under this heading to carry out section 311 of the
OAA may be transferred to the Secretary of Agriculture in accordance
with such section.
Office of the Secretary
general departmental management
For necessary expenses, not otherwise provided, for general
departmental management, including hire of six passenger motor
vehicles, and for carrying out titles III, XVII, and XXI of the PHS
Act, the United States-Mexico Border Health Commission Act, and
research studies under section 1110 of the Social Security Act,
$475,221,000, together with $69,211,000 from the amounts available
under section 241 of the PHS Act to carry out national health or human
services research and evaluation activities: Provided, That of this
amount, $53,783,000 shall be for minority AIDS prevention and treatment
activities: Provided further, That of the funds made available under
this heading, $104,790,000 shall be for making competitive contracts
and grants to public and private entities to fund medically accurate
and age appropriate programs that reduce teen pregnancy and for the
Federal costs associated with administering and evaluating such
contracts and grants, of which not less than $75,000,000 shall be for
replicating programs that have been proven effective through rigorous
evaluation to reduce teenage pregnancy, behavioral risk factors
underlying teenage pregnancy, or other associated risk factors, of
which not less than $25,000,000 shall be available for research and
demonstration grants to develop, replicate, refine, and test additional
models and innovative strategies for preventing teenage pregnancy, and
of which any remaining amounts shall be available for training and
technical assistance, evaluation, outreach, and additional program
support activities: Provided further, That of the amounts provided
under this heading from amounts available under section 241 of the PHS
Act, $8,455,000 shall be available to carry out evaluations (including
longitudinal evaluations) of teenage pregnancy prevention approaches:
Provided further, That of the funds made available under this heading,
$5,000,000 shall be for making competitive grants to provide abstinence
education (as defined by section 510(b)(2)(A)-(H) of the Social
Security Act) to adolescents, and for Federal costs of administering
the grant: Provided further, That grants made under the authority of
section 510(b)(2)(A)-(H) of the Social Security Act shall be made only
to public and private entities that agree that, with respect to an
adolescent to whom the entities provide abstinence education under such
grant, the entities will not provide to that adolescent any other
education regarding sexual conduct, except that, in the case of an
entity expressly required by law to provide health information or
services the adolescent shall not be precluded from seeking health
information or services from the entity in a different setting than the
setting in which abstinence education was provided: Provided further,
That funds provided in this Act for embryo adoption activities may be
used to provide to individuals adopting embryos, through grants and
other mechanisms, medical and administrative services deemed necessary
for such adoptions: Provided further, That such services shall be
provided consistent with 42 CFR 59.5(a)(4).
office of medicare hearings and appeals
For expenses necessary for administrative law judges responsible
for hearing cases under title XVIII of the Social Security Act (and
related provisions of title XI of such Act), $72,147,000, to be
transferred in appropriate part from the Federal Hospital Insurance
Trust Fund and the Federal Supplementary Medical Insurance Trust Fund.
office of the national coordinator for health information technology
For expenses necessary for the Office of the National Coordinator
for Health Information Technology, including grants, contracts, and
cooperative agreements for the development and advancement of
interoperable health information technology, $16,446,000: Provided,
That in addition to amounts provided herein, $44,811,000 shall be
available from amounts available under section 241 of the PHS Act.
office of inspector general
For expenses necessary for the Office of Inspector General,
including the hire of passenger motor vehicles for investigations, in
carrying out the provisions of the Inspector General Act of 1978,
$50,178,000: Provided, That of such amount, necessary sums shall be
available for providing protective services to the Secretary and
investigating non-payment of child support cases for which non-payment
is a Federal offense under 18 U.S.C. 228: Provided further, That at
least 40 percent of the funds provided in this Act for the Office of
Inspector General shall be used only for investigations, audits, and
evaluations pertaining to the discretionary programs funded in this
Act.
office for civil rights
For expenses necessary for the Office for Civil Rights,
$41,016,000.
retirement pay and medical benefits for commissioned officers
For retirement pay and medical benefits of Public Health Service
Commissioned Officers as authorized by law, for payments under the
Retired Serviceman's Family Protection Plan and Survivor Benefit Plan,
and for medical care of dependents and retired personnel under the
Dependents' Medical Care Act, such amounts as may be required during
the current fiscal year.
public health and social services emergency fund
(including transfer of funds)
For expenses necessary to support activities related to countering
potential biological, nuclear, radiological, chemical, and
cybersecurity threats to civilian populations, and for other public
health emergencies, $569,452,000; of which $10,000,000 shall remain
available until September 30, 2014, to support emergency operations.
From funds transferred to this account pursuant to the fourth
paragraph under this heading in Public Law 111-117, up to $415,000,000
shall be available for expenses necessary to support advanced research
and development pursuant to section 319L of the PHS Act, and other
administrative expenses of the Biomedical Advanced Research and
Development Authority to support additional advanced research and
development.
General Provisions
Sec. 201. Funds appropriated in this title shall be available for
not to exceed $50,000 for official reception and representation
expenses when specifically approved by the Secretary.
Sec. 202. The Secretary shall make available through assignment
not more than 60 employees of the Public Health Service to assist in
child survival activities and to work in AIDS programs through and with
funds provided by the Agency for International Development, the United
Nations International Children's Emergency Fund or the World Health
Organization.
Sec. 203. None of the funds appropriated in this title shall be
used to pay the salary of an individual, through a grant or other
extramural mechanism, at a rate in excess of Executive Level II.
Sec. 204. None of the funds appropriated in this Act may be
expended pursuant to section 241 of the PHS Act, except for funds
specifically provided for in this Act, or for other taps and
assessments made by any office located in HHS, prior to the preparation
and submission of a report by the Secretary to the Committees on
Appropriations of the House of Representatives and the Senate detailing
the planned uses of such funds.
Sec. 205. Notwithstanding section 241(a) of the PHS Act, such
portion as the Secretary shall determine, but not more than 2.5
percent, of any amounts appropriated for programs authorized under such
Act shall be made available for the evaluation (directly, or by grants
or contracts) of the implementation and effectiveness of such programs.
(transfer of funds)
Sec. 206. Not to exceed 1 percent of any discretionary funds
(pursuant to the Balanced Budget and Emergency Deficit Control Act of
1985) which are appropriated for the current fiscal year for HHS in
this Act may be transferred between appropriations, but no such
appropriation shall be increased by more than 3 percent by any such
transfer: Provided, That the transfer authority granted by this
section shall not be used to create any new program or to fund any
project or activity for which no funds are provided in this Act:
Provided further, That the Committees on Appropriations of the House of
Representatives and the Senate are notified at least 15 days in advance
of any transfer.
(transfer of funds)
Sec. 207. The Director of the NIH, jointly with the Director of
the Office of AIDS Research, may transfer up to 3 percent among
institutes and centers from the total amounts identified by these two
Directors as funding for research pertaining to the human
immunodeficiency virus: Provided, That the Committees on
Appropriations of the House of Representatives and the Senate are
notified at least 15 days in advance of any transfer.
(transfer of funds)
Sec. 208. Of the amounts made available in this Act for NIH, the
amount for research related to the human immunodeficiency virus, as
jointly determined by the Director of NIH and the Director of the
Office of AIDS Research, shall be made available to the ``Office of
AIDS Research'' account. The Director of the Office of AIDS Research
shall transfer from such account amounts necessary to carry out section
2353(d)(3) of the PHS Act.
Sec. 209. None of the funds appropriated in this Act may be made
available to any entity under title X of the PHS Act unless the
applicant for the award certifies to the Secretary that it encourages
family participation in the decision of minors to seek family planning
services and that it provides counseling to minors on how to resist
attempts to coerce minors into engaging in sexual activities.
Sec. 210. Notwithstanding any other provision of law, no provider
of services under title X of the PHS Act shall be exempt from any State
law requiring notification or the reporting of child abuse, child
molestation, sexual abuse, rape, or incest.
Sec. 211. None of the funds appropriated by this Act (including
funds appropriated to any trust fund) may be used to carry out the
Medicare Advantage program if the Secretary denies participation in
such program to an otherwise eligible entity (including a Provider
Sponsored Organization) because the entity informs the Secretary that
it will not provide, pay for, provide coverage of, or provide referrals
for abortions: Provided, That the Secretary shall make appropriate
prospective adjustments to the capitation payment to such an entity
(based on an actuarially sound estimate of the expected costs of
providing the service to such entity's enrollees): Provided further,
That nothing in this section shall be construed to change the Medicare
program's coverage for such services and a Medicare Advantage
organization described in this section shall be responsible for
informing enrollees where to obtain information about all Medicare
covered services.
Sec. 212. In order for HHS to carry out international health
activities, including HIV/AIDS and other infectious disease, chronic
and environmental disease, and other health activities abroad during
fiscal year 2012:
(1) The Secretary may exercise authority equivalent to that
available to the Secretary of State in section 2(c) of the State
Department Basic Authorities Act of 1956. The Secretary shall
consult with the Secretary of State and relevant Chief of Mission
to ensure that the authority provided in this section is exercised
in a manner consistent with section 207 of the Foreign Service Act
of 1980 and other applicable statutes administered by the
Department of State.
(2) The Secretary is authorized to provide such funds by
advance or reimbursement to the Secretary of State as may be
necessary to pay the costs of acquisition, lease, alteration,
renovation, and management of facilities outside of the United
States for the use of HHS. The Department of State shall cooperate
fully with the Secretary to ensure that HHS has secure, safe,
functional facilities that comply with applicable regulation
governing location, setback, and other facilities requirements and
serve the purposes established by this Act. The Secretary is
authorized, in consultation with the Secretary of State, through
grant or cooperative agreement, to make available to public or
nonprofit private institutions or agencies in participating foreign
countries, funds to acquire, lease, alter, or renovate facilities
in those countries as necessary to conduct programs of assistance
for international health activities, including activities relating
to HIV/AIDS and other infectious diseases, chronic and
environmental diseases, and other health activities abroad.
(3) The Secretary is authorized to provide to personnel
appointed or assigned by the Secretary to serve abroad, allowances
and benefits similar to those provided under chapter 9 of title I
of the Foreign Service Act of 1980, and 22 U.S.C. 4081 through 4086
and subject to such regulations prescribed by the Secretary. The
Secretary is further authorized to provide locality-based
comparability payments (stated as a percentage) up to the amount of
the locality-based comparability payment (stated as a percentage)
that would be payable to such personnel under section 5304 of title
5, United States Code if such personnel's official duty station
were in the District of Columbia. Leaves of absence for personnel
under this subsection shall be on the same basis as that provided
under subchapter I of chapter 63 of title 5, United States Code, or
section 903 of the Foreign Service Act of 1980, to individuals
serving in the Foreign Service.
Sec. 213. (a) Authority.--Notwithstanding any other provision of
law, the Director of NIH (``Director'') may use funds available under
section 402(b)(7) or 402(b)(12) of the PHS Act to enter into
transactions (other than contracts, cooperative agreements, or grants)
to carry out research identified pursuant to such section 402(b)(7)
(pertaining to the Common Fund) or research and activities described in
such section 402(b)(12).
(b) Peer Review.--In entering into transactions under subsection
(a), the Director may utilize such peer review procedures (including
consultation with appropriate scientific experts) as the Director
determines to be appropriate to obtain assessments of scientific and
technical merit. Such procedures shall apply to such transactions in
lieu of the peer review and advisory council review procedures that
would otherwise be required under sections 301(a)(3), 405(b)(1)(B),
405(b)(2), 406(a)(3)(A), 492, and 494 of the PHS Act.
Sec. 214. Funds which are available for Individual Learning
Accounts for employees of CDC and the Agency for Toxic Substances and
Disease Registry (``ATSDR'') may be transferred to appropriate accounts
of CDC, to be available only for Individual Learning Accounts:
Provided, That such funds may be used for any individual full-time
equivalent employee while such employee is employed either by CDC or
ATSDR.
Sec. 215. Notwithstanding any other provisions of law,
discretionary funds made available in this Act may be used to continue
operating the Council on Graduate Medical Education established by
section 301 of Public Law 102-408.
Sec. 216. Not to exceed $45,000,000 of funds appropriated by this
Act to the institutes and centers of the National Institutes of Health
may be used for alteration, repair, or improvement of facilities, as
necessary for the proper and efficient conduct of the activities
authorized herein, at not to exceed $3,500,000 per project.
(transfer of funds)
Sec. 217. Of the amounts made available for NIH, 1 percent of the
amount made available for National Research Service Awards (``NRSA'')
shall be made available to the Administrator of the Health Resources
and Services Administration to make NRSA awards for research in primary
medical care to individuals affiliated with entities who have received
grants or contracts under section 747 of the PHS Act, and 1 percent of
the amount made available for NRSA shall be made available to the
Director of the Agency for Healthcare Research and Quality to make NRSA
awards for health service research.
Sec. 218. None of the funds made available in this title may be
used, in whole or in part, to advocate or promote gun control.
Sec. 219. None of the funds appropriated or otherwise made
available in this Act may be expended to advance the creation of a
Federally Funded Research and Development Center at the Centers for
Medicare and Medicaid Services, prior to a Federal Register notice
being issued that outlines: how this proposal would meet the specific
requirements identified in FAR 35.017-2; agency procedures that ensure
small business competitiveness is maintained; and the outline of a
transparent award and governance process to be employed.
Sec. 220. (a) The Secretary shall establish a publicly accessible
website to provide information regarding the uses of funds made
available under section 4002 of Public Law 111-148.
(b) With respect to funds provided for fiscal year 2012, the
Secretary shall include on the website established under subsection (a)
at a minimum the following information:
(1) In the case of each transfer of funds under section
4002(c), a statement indicating the program or activity receiving
funds, the operating division or office that will administer the
funds, and the planned uses of the funds, to be posted not later
than the day after the transfer is made.
(2) Identification (along with a link to the full text) of each
funding opportunity announcement, request for proposals, or other
announcement or solicitation of proposals for grants, cooperative
agreements, or contracts intended to be awarded using such funds,
to be posted not later than the day after the announcement or
solicitation is issued.
(3) Identification of each grant, cooperative agreement, or
contract with a value of $25,000 or more awarded using such funds,
including the purpose of the award and the identity of the
recipient, to be posted not later than 5 days after the award is
made.
(4) A report detailing the uses of all funds transferred under
section 4002(c) during the fiscal year, to be posted not later than
90 days after the end of the fiscal year.
(5) Semi-annual reports from each entity awarded a grant,
cooperative agreement, or contract from such funds with a value of
$25,000 or more, summarizing the activities undertaken and
identifying any sub-grants or sub-contracts awarded (including the
purpose of the award and the identity of the recipient), to be
posted not later than 30 days after the end of each 6-month period.
Sec. 221. (a) Establishment of National Center for Advancing
Translational Sciences; Elimination of National Center for Research
Resources.--
(1) In general.--Subpart 1 of part E of title IV of the Public
Health Service Act (42 U.S.C. 287 et seq.) is amended--
(A) in the subpart heading, by striking ``National Center
for Research Resources'' and inserting ``National Center for
Advancing Translational Sciences'';
(B) by striking sections 480 and 481; and
(C) by amending section 479 to read as follows:
``SEC. 479. NATIONAL CENTER FOR ADVANCING TRANSLATIONAL SCIENCES.
``(a) Purpose.--The purpose of the National Center for Advancing
Translational Sciences (in this subpart referred to as the `Center') is
to advance translational sciences, including by--
``(1) coordinating and developing resources that leverage basic
research in support of translational science; and
``(2) developing partnerships and working cooperatively to
foster synergy in ways that do not create duplication, redundancy,
and competition with industry activities.
``(b) Clinical Trial Activities.--
``(1) In general.--The Center may develop and provide
infrastructure and resources for all phases of clinical trials
research. Except as provided in paragraph (2), the Center may
support clinical trials only through the end of phase IIA.
``(2) Exception.--The Center may support clinical trial
activities through the end of phase IIB for a treatment for a rare
disease or condition (as defined in section 526 of the Federal
Food, Drug, and Cosmetic Act) so long as--
``(A) the Center gives public notice for a period of at
least 120 days of the Center's intention to support the
clinical trial activities in phase IIB;
``(B) no public or private organization provides credible
written intent to the Center that the organization has timely
plans to further the clinical trial activities or conduct
clinical trials of a similar nature beyond phase IIA; and
``(C) the Center ensures that support of the clinical trial
activities in phase IIB will not increase the Federal
Government's liability beyond the award value of the Center's
support.
``(c) Annual Report.--The Center shall publish an annual report
that, with respect to all research supported by the Center, includes a
complete list of--
``(1) the molecules being studied;
``(2) clinical trial activities being conducted;
``(3) the methods and tools in development;
``(4) ongoing partnerships, including--
``(A) the rationale for each partnership;
``(B) the status of each partnership;
``(C) the funding provided by the Center to other entities
pursuant to each partnership, and
``(D) the activities which have been transferred to
industry pursuant to each partnership; and
``(5) known research activity of other entities that is or will
expand upon research activity of the Center.''.
(2) List of institutes and centers.--Section 401(b)(21) of the
Public Health Service Act (42 U.S.C. 281(b)(21)) is amended by
striking ``National Center for Research Resources'' and inserting
``National Center for Advancing Translational Sciences''.
(b) Assignment of Certain Functions of Former National Center for
Research Resources.--
(1) Biomedical and behavioral research facilities.--Section
481A of the Public Health Service Act (42 U.S.C. 287a-2)--
(A) is redesignated as section 404I and is moved to follow
section 404H of such Act (42 U.S.C. 283j); and
(B) is amended--
(i) in subsection (a)(1), by striking ``acting through
the Director of the Center or the Director of the National
Institute of Allergy and Infectious Diseases'' and
inserting ``acting through the Office of the Director of
NIH or the Director of the National Institute of Allergy
and Infectious Diseases'';
(ii) in subsections (c), (d), (e), and (f)(2), by
striking ``Director of the Center or the Director of the
National Institute of Allergy and Infectious Diseases''
each place it appears and inserting ``Director of NIH,
acting through the Office of the Director of NIH or the
National Institute of Allergy and Infectious Diseases,'';
(iii) in subsection (b)(2), by striking ``Director of
the Center'' each place it appears and inserting ``Director
of NIH'';
(iv) in subsections (b)(3)(A), (f)(1), and (g), by
striking the comma at the end of ``Director of the
Center,'' each place it appears;
(v) by striking ``Director of the Center'' each place
it appears and inserting ``Director of NIH, acting through
the Office of the Director of NIH,'';
(vi) in subsection (b)--
(I) in paragraph (1)(A), by striking ``within the
Center''; and
(II) in paragraph (2)--
(aa) in subparagraph (A), by striking ``and the
advisory council established under section 480 (in
this section referred to as the `Advisory
Council')'' and inserting ``and the Council of
Councils established under section 402(l) (in this
section referred to as the `Council')''; and
(bb) in subparagraphs (B), (C), and (D), by
striking ``Advisory'' each place it appears; and
(vii) in subsection (g), by striking ``after
consultation with the Advisory Council'' and inserting
``after consultation with the Council''.
(2) Construction of regional centers for research on
primates.--Section 481B of the Public Health Service Act (42 U.S.C.
287a-3)--
(A) is redesignated as section 404J and is moved to follow
section 404I, as redesignated by paragraph (1); and
(B) in subsection (a), is amended--
(i) by striking ``by the National Center for Research
Resources'' and inserting ``by the Director of NIH, acting
through the Office of the Director of NIH,''; and
(ii) by striking ``481A'' and inserting ``404I''.
(3) Sanctuary system for surplus chimpanzees.--Section 481C of
the Public Health Service Act (42 U.S.C. 287a-3a)--
(A) is redesignated as section 404K and is moved to follow
section 404J, as redesignated by paragraph (2); and
(B) in subsection (d)(4)(A)(ii), is amended by striking
``that is carried out by the National Center for Research
Resources'' and inserting ``that is carried out by the Director
of NIH, acting through the Office of the Director of NIH,''.
(4) Shared instrumentation grant program.--Section 305 of the
Public Health Improvement Act (42 U.S.C. 287 note)--
(A) is redesignated as section 404L of the Public Health
Service Act and is moved to follow section 404K of that Act, as
redesignated by paragraph (3); and
(B) is amended--
(i) by striking subsection (a) and redesignating
subsections (b) and (c) as subsections (a) and (b),
respectively;
(ii) in subsection (a), as so redesignated, by striking
``under the program described in subsection (a)'' and
inserting ``under the Shared Instrumentation Grant
Program'';
(iii) by striking ``Director of the National Center for
Research Resources'' each place it appears and inserting
``Director of NIH, acting through the Office of the
Director of NIH,''; and
(iv) in subsection (b), as so redesignated--
(I) by striking ``in subsection (a)'' and inserting
``in subsection (a), the''; and
(II) by striking ``of the Public Health Service Act
(42 U.S.C. 289a)''.
(5) Institutional development award program.--Title IV of the
Public Health Service Act (42 U.S.C. 281 et seq.) is amended--
(A) in section 461, by striking the section heading and
designation and all that follows through ``The general
purpose'' and inserting the following:
``SEC. 461. NATIONAL INSTITUTE OF GENERAL MEDICAL SCIENCES.
``(a) General Purpose.--The general purpose'';
(B) by moving subsection (g) of section 402 to the end of
section 461, as amended, and redesignating that subsection as
subsection (b); and
(C) in section 461(b), as so redesignated--
(i) by striking ``(b)(1)(A) In the case of'' and
inserting the following:
``(b) Institutional Development Award Program.--
``(1)(A) In the case of'';
(ii) by moving two ems to the right--
(I) subparagraphs (B) and (C) of paragraph (1);
(II) clauses (i), (ii), and (iii) of such
subparagraph (C); and
(III) paragraph (2); and
(iii) in paragraph (1)(A), by striking ``acting through
the Director of the National Center for Research
Resources'' and inserting ``acting through the Director of
the National Institute of General Medical Sciences''.
(c) Assignment of Certain Offices and Functions to National Center
for Advancing Translational Sciences.--
(1) Cures acceleration network.--Section 402C of the Public
Health Service Act (42 U.S.C. 282d)--
(A) is redesignated as section 480 and is moved to follow
section 479;
(B) in subsection (b), is amended in the matter that
precedes paragraph (1) by striking ``within the Office of the
Director of NIH'' and inserting ``within the Center'';
(C) by striking ``Director of NIH'' each place it appears
and inserting ``Director of the Center''; and
(D) in the headings of subsections (d)(4) and (d)(4)(B), by
striking ``Director of nih'' each place it appears and
inserting ``Director of the center''.
(2) Office of rare diseases.--Title IV of the Public Health
Service Act (42 U.S.C. 281 et seq.) is amended--
(A) in section 404F--
(i) by redesignating such section as section 481 and
moving such section to follow section 480, as redesignated
by paragraph (1);
(ii) in subsection (a)--
(I) by striking ``within the Office of the Director
of NIH'' and inserting ``within the Center''; and
(II) by striking ``Director of NIH'' and inserting
``Director of the Center''; and
(iii) in subsection (b)(1)(C), by striking ``404G'' and
inserting ``481A''; and
(B) in section 401(c)(2)(A), by striking ``the Office of
Rare Diseases,''.
(3) Rare disease regional centers of excellence.--Section 404G
of the Public Health Service Act (42 U.S.C. 283i) is redesignated
as section 481A and is moved to follow section 481, as redesignated
by paragraph (2).
(4) General clinical research centers.--Section 481D of the
Public Health Service Act (42 U.S.C. 287a-4)--
(A) is redesignated as section 481B; and
(B) in subsection (a), is amended by striking ``Director of
the National Center for Research Resources'' and inserting
``Director of the Center''.
(d) Conforming Amendments.--Title IV of the Public Health Service
Act (42 U.S.C. 281 et seq.) is amended--
(1) in section 402(b)(24) (42 U.S.C. 282(b)(24)), by striking
``402C'' and inserting ``480'';
(2) in section 404C(e)(3)(A) (42 U.S.C. 283e(e)(3)(A)), by
striking ``and the Director of the Center for Research Resources'';
(3) in section 464z-3(i)(1) (42 U.S.C. 285t(i)(1))--
(A) by striking ``Director of National Institute for
Research Resources'' and inserting ``Director of NIH'';
(B) by striking ``481(c)(3)'' and inserting ``404I(c)(2)'';
and
(C) by inserting ``under such section'' after
``Institutions of Emerging Excellence'';
(4) in section 499(c)(1)(E) (42 U.S.C. 290b(c)(1)(E)), by
striking ``section 402C'' and inserting ``section 480''.
Sec. 222. The discretionary appropriation for CDC is hereby
reduced by $20,000,000: Provided, That the reduction should be taken
from contracting and administrative costs in each of the CDC accounts.
This title may be cited as the ``Department of Health and Human
Services Appropriations Act, 2012''.
TITLE III
DEPARTMENT OF EDUCATION
Education for the Disadvantaged
For carrying out title I of the Elementary and Secondary Education
Act of 1965 (referred to in this Act as ``ESEA'') and section 418A of
the Higher Education Act of 1965 (referred to in this Act as ``HEA''),
$15,750,983,000, of which $4,817,117,000 shall become available on July
1, 2012, and shall remain available through September 30, 2013, and of
which $10,841,177,000 shall become available on October 1, 2012, and
shall remain available through September 30, 2013, for academic year
2012-2013: Provided, That $6,584,750,000 shall be for basic grants
under section 1124 of the ESEA: Provided further, That up to
$3,992,000 of these funds shall be available to the Secretary of
Education (referred to in this title as ``Secretary'') on October 1,
2011, to obtain annually updated local educational agency-level census
poverty data from the Bureau of the Census: Provided further, That
$1,362,301,000 shall be for concentration grants under section 1124A of
the ESEA: Provided further, That $3,288,183,000 shall be for targeted
grants under section 1125 of the ESEA: Provided further, That
$3,288,183,000 shall be for education finance incentive grants under
section 1125A of the ESEA: Provided further, That $3,200,000 shall be
to carry out sections 1501 and 1503 of the ESEA: Provided further,
That $534,562,000 shall be available for school improvement grants
under section 1003(g) of the ESEA, which shall be allocated by the
Secretary through the formula described in section 1003(g)(2) and shall
be used consistent with the requirements of section 1003(g), except
that State and local educational agencies may use such funds to serve
any school eligible to receive assistance under part A of title I that
has not made adequate yearly progress for at least 2 years or is in the
State's lowest quintile of performance based on proficiency rates and,
in the case of secondary schools, priority shall be given to those
schools with graduation rates below 60 percent: Provided further, That
notwithstanding section 1003(g)(5)(A), each State educational agency
may establish a maximum subgrant size of not more than $2,000,000 for
each participating school applicable to such funds: Provided further,
That the Secretary may reserve up to 5 percent of the funds available
for section 1003(g) of the ESEA to carry out activities to build State
and local educational agency capacity to implement effectively the
school improvement grants program: Provided further, That $160,000,000
shall be available under section 1502 of the ESEA for a comprehensive
literacy development and education program to advance literacy skills,
including pre-literacy skills, reading, and writing, for students from
birth through grade 12, including limited-English-proficient students
and students with disabilities, of which one-half of 1 percent shall be
reserved for the Secretary of the Interior for such a program at
schools funded by the Bureau of Indian Education, one-half of 1 percent
shall be reserved for grants to the outlying areas for such a program,
up to 5 percent may be reserved for national activities, and the
remainder shall be used to award competitive grants to State
educational agencies for such a program, of which a State educational
agency may reserve up to 5 percent for State leadership activities,
including technical assistance and training, data collection,
reporting, and administration, and shall subgrant not less than 95
percent to local educational agencies or, in the case of early
literacy, to local educational agencies or other nonprofit providers of
early childhood education that partner with a public or private
nonprofit organization or agency with a demonstrated record of
effectiveness in improving the early literacy development of children
from birth through kindergarten entry and in providing professional
development in early literacy, giving priority to such agencies or
other entities serving greater numbers or percentages of disadvantaged
children: Provided further, That the State educational agency shall
ensure that at least 15 percent of the subgranted funds are used to
serve children from birth through age 5, 40 percent are used to serve
students in kindergarten through grade 5, and 40 percent are used to
serve students in middle and high school including an equitable
distribution of funds between middle and high schools: Provided
further, That eligible entities receiving subgrants from State
educational agencies shall use such funds for services and activities
that have the characteristics of effective literacy instruction through
professional development, screening and assessment, targeted
interventions for students reading below grade level and other
research-based methods of improving classroom instruction and practice.
Impact Aid
For carrying out programs of financial assistance to federally
affected schools authorized by title VIII of the ESEA, $1,293,631,000,
of which $1,155,724,000 shall be for basic support payments under
section 8003(b), $48,505,000 shall be for payments for children with
disabilities under section 8003(d), $17,474,000 shall be for
construction under section 8007(b) and shall remain available through
September 30, 2013, $67,074,000 shall be for Federal property payments
under section 8002, and $4,854,000, to remain available until expended,
shall be for facilities maintenance under section 8008: Provided, That
for purposes of computing the amount of a payment for an eligible local
educational agency under section 8003(a) for school year 2011-2012,
children enrolled in a school of such agency that would otherwise be
eligible for payment under section 8003(a)(1)(B) of such Act, but due
to the deployment of both parents or legal guardians, or a parent or
legal guardian having sole custody of such children, or due to the
death of a military parent or legal guardian while on active duty (so
long as such children reside on Federal property as described in
section 8003(a)(1)(B)), are no longer eligible under such section,
shall be considered as eligible students under such section, provided
such students remain in average daily attendance at a school in the
same local educational agency they attended prior to their change in
eligibility status.
School Improvement Programs
For carrying out school improvement activities authorized by parts
A and B of title II, part B of title IV, parts A and B of title VI, and
parts B and C of title VII of the ESEA; the McKinney-Vento Homeless
Assistance Act; section 203 of the Educational Technical Assistance Act
of 2002; the Compact of Free Association Amendments Act of 2003; and
the Civil Rights Act of 1964, $4,550,018,000, of which $2,725,246,000
shall become available on July 1, 2012, and remain available through
September 30, 2013, and of which $1,681,441,000 shall become available
on October 1, 2012, and shall remain available through September 30,
2013, for academic year 2012-2013: Provided, That funds made available
to carry out part B of title VII of the ESEA may be used for
construction, renovation, and modernization of any elementary school,
secondary school, or structure related to an elementary school or
secondary school, run by the Department of Education of the State of
Hawaii, that serves a predominantly Native Hawaiian student body:
Provided further, That funds made available to carry out part C of
title VII of the ESEA shall be awarded on a competitive basis, and also
may be used for construction: Provided further, That $51,210,000 shall
be available to carry out section 203 of the Educational Technical
Assistance Act of 2002: Provided further, That $17,652,000 shall be
available to carry out the Supplemental Education Grants program for
the Federated States of Micronesia and the Republic of the Marshall
Islands: Provided further, That up to 5 percent of these amounts may
be reserved by the Federated States of Micronesia and the Republic of
the Marshall Islands to administer the Supplemental Education Grants
programs and to obtain technical assistance, oversight and consultancy
services in the administration of these grants and to reimburse the
United States Departments of Labor, Health and Human Services, and
Education for such services: Provided further, That up to 1.5 percent
of the funds for subpart 1 of part A of title II of the ESEA shall be
reserved by the Secretary for competitive awards for teacher or
principal training or professional enhancement activities to national
not-for-profit organizations.
Indian Education
For expenses necessary to carry out, to the extent not otherwise
provided, title VII, part A of the ESEA, $131,027,000.
Innovation and Improvement
For carrying out activities authorized by part G of title I,
subpart 5 of part A and parts C and D of title II, parts B, C, and D of
title V of the ESEA, and sections 14006 and 14007 of division A of the
American Recovery and Reinvestment Act of 2009, as amended,
$1,530,429,000: Provided, That the Secretary may use up to
$550,000,000, which shall remain available for obligation through
December 31, 2012, for section 14006 of division A of Public Law 111-5,
as amended, to make awards (including on the basis of previously
submitted applications) to States or to local educational agencies, or
both, in accordance with the applicable requirements of that section,
as determined by the Secretary, and may use up to 5 percent of such
funds for technical assistance and evaluation of the activities carried
out under that section: Provided further, That up to $149,700,000
shall be available for obligation through December 31, 2012 for section
14007 of division A of Public Law 111-5, and up to 5 percent of such
funds may be used for technical assistance and the evaluation of
activities carried out under such section: Provided further, That
$300,000,000 of the funds for subpart 1 of part D of title V of the
ESEA shall be for competitive grants to local educational agencies,
including charter schools that are local educational agencies, or
States, or partnerships of: (1) a local educational agency, a State, or
both; and (2) at least one nonprofit organization to develop and
implement performance-based compensation systems for teachers,
principals, and other personnel in high-need schools: Provided
further, That such performance-based compensation systems must consider
gains in student academic achievement as well as classroom evaluations
conducted multiple times during each school year among other factors
and provide educators with incentives to take on additional
responsibilities and leadership roles: Provided further, That
recipients of such grants shall demonstrate that such performance-based
compensation systems are developed with the input of teachers and
school leaders in the schools and local educational agencies to be
served by the grant: Provided further, That recipients of such grants
may use such funds to develop or improve systems and tools (which may
be developed and used for the entire local educational agency or only
for schools served under the grant) that would enhance the quality and
success of the compensation system, such as high-quality teacher
evaluations and tools to measure growth in student achievement:
Provided further, That applications for such grants shall include a
plan to sustain financially the activities conducted and systems
developed under the grant once the grant period has expired: Provided
further, That up to 5 percent of such funds for competitive grants
shall be available for technical assistance, training, peer review of
applications, program outreach, and evaluation activities: Provided
further, That of the funds available for part B of title V of the ESEA,
the Secretary shall use not less than $23,000,000 to carry out
activities under section 5205(b) and under subpart 2: Provided
further, That of the funds available for subpart 1 of part B of title V
of the ESEA, and notwithstanding section 5205(a), the Secretary may
reserve up to $55,000,000 to make multiple awards to non-profit charter
management organizations and other entities that are not for-profit
entities for the replication and expansion of successful charter school
models and shall reserve up to $11,000,000 to carry out the activities
described in section 5205(a), including improving quality and oversight
of charter schools and providing technical assistance and grants to
authorized public chartering agencies in order to increase the number
of high-performing charter schools: Provided further, That each
application submitted pursuant to section 5203(a) shall describe a plan
to monitor and hold accountable authorized public chartering agencies
through such activities as providing technical assistance or
establishing a professional development program, which may include
evaluation, planning, training, and systems development for staff of
authorized public chartering agencies to improve the capacity of such
agencies in the State to authorize, monitor, and hold accountable
charter schools: Provided further, That each application submitted
pursuant to section 5203(a) shall contain assurances that State law,
regulations, or other policies require that: (1) each authorized
charter school in the State operate under a legally binding charter or
performance contract between itself and the school's authorized public
chartering agency that describes the obligations and responsibilities
of the school and the public chartering agency; conduct annual, timely,
and independent audits of the school's financial statements that are
filed with the school's authorized public chartering agency; and
demonstrate improved student academic achievement; and (2) authorized
public chartering agencies use increases in student academic
achievement for all groups of students described in section
1111(b)(2)(C)(v) of the ESEA as the most important factor when
determining to renew or revoke a school's charter.
Safe Schools and Citizenship Education
For carrying out activities authorized by part A of title IV and
subparts 1, 2, and 10 of part D of title V of the ESEA, $256,237,000:
Provided, That $65,000,000 shall be available for subpart 2 of part A
of title IV: Provided further, That $60,000,000 shall be available for
Promise Neighborhoods and shall be available through December 31, 2012.
English Language Acquisition
For carrying out part A of title III of the ESEA, $733,530,000,
which shall become available on July 1, 2012, and shall remain
available through September 30, 2013, except that 6.5 percent of such
amount shall be available on October 1, 2011, and shall remain
available through September 30, 2013, to carry out activities under
section 3111(c)(1)(C): Provided, That the Secretary shall use
estimates of the American Community Survey child counts for the most
recent 3-year period available to calculate allocations under such
part.
Special Education
For carrying out the Individuals with Disabilities Education Act
(``IDEA'') and the Special Olympics Sport and Empowerment Act of 2004,
$12,647,066,000, of which $3,115,716,000 shall become available on July
1, 2012, and shall remain available through September 30, 2013, and of
which $9,283,383,000 shall become available on October 1, 2012, and
shall remain available through September 30, 2013, for academic year
2012-2013: Provided, That the amount for section 611(b)(2) of the IDEA
shall be equal to the lesser of the amount available for that activity
during fiscal year 2011, increased by the amount of inflation as
specified in section 619(d)(2)(B) of the IDEA, or the percent change in
the funds appropriated under section 611(i) of the IDEA, but not less
than the amount for that activity during fiscal year 2011: Provided
further, That $2,000,000, to remain available for obligation through
September 30, 2013, shall be for activities aimed at improving the
outcomes of children receiving Supplemental Security Income (SSI) and
their families, which may include competitive grants to States to
improve the provision and coordination of services for SSI child
recipients in order to achieve improved health status, including both
physical and emotional health, and education and post-school outcomes,
including completion of postsecondary education and employment, and to
improve services and supports to the families or households of the SSI
child recipient, such as education and job training for the parents:
Provided further, That States may award subgrants for a portion of the
funds to other public and private, non-profit entities.
Rehabilitation Services and Disability Research
For carrying out, to the extent not otherwise provided, the
Rehabilitation Act of 1973, the Assistive Technology Act of 1998, and
the Helen Keller National Center Act, $3,512,019,000: Provided, That
the Secretary may use amounts provided in this Act that remain
available subsequent to the reallotment of funds to States pursuant to
section 110(b) of the Rehabilitation Act for activities aimed at
improving the outcomes of children receiving Supplemental Security
Income (SSI) and their families, including competitive grants to States
to improve the provision and coordination of services for SSI child
recipients in order to achieve improved health status, education and
post-school outcomes, including completion of postsecondary education
and employment, and to improve services and supports to the family or
households of the SSI child recipient, such as education and job
training for the parents: Provided further, That States may award
subgrants for a portion of the funds to other public and private, non-
profit entities: Provided further, That any funds made available
subsequent to reallotment for activities aimed at improving the
outcomes of children receiving SSI and their families shall remain
available until September 30, 2013: Provided further, That $2,000,000
shall be for competitive grants to support alternative financing
programs that provide for the purchase of assistive technology devices,
such as a low-interest loan fund; an interest buy-down program; a
revolving loan fund; a loan guarantee; or insurance program: Provided
further, That applicants shall provide an assurance that, and
information describing the manner in which, the alternative financing
program will expand and emphasize consumer choice and control:
Provided further, That State agencies and community-based disability
organizations that are directed by and operated for individuals with
disabilities shall be eligible to compete.
Special Institutions for Persons With Disabilities
american printing house for the blind
For carrying out the Act of March 3, 1879, $24,551,000.
national technical institute for the deaf
For the National Technical Institute for the Deaf under titles I
and II of the Education of the Deaf Act of 1986, $65,546,000:
Provided, That from the total amount available, the Institute may at
its discretion use funds for the endowment program as authorized under
section 207 of such Act.
gallaudet university
For the Kendall Demonstration Elementary School, the Model
Secondary School for the Deaf, and the partial support of Gallaudet
University under titles I and II of the Education of the Deaf Act of
1986, $125,754,000, of which $7,990,000 shall be for construction and
shall remain available until expended: Provided, That from the total
amount available, the University may at its discretion use funds for
the endowment program as authorized under section 207 of such Act.
Career, Technical, and Adult Education
For carrying out, to the extent not otherwise provided, the Carl D.
Perkins Career and Technical Education Act of 2006 and the Adult
Education and Family Literacy Act (referred to in this Act as the
``AEFLA''), $1,738,946,000, of which $947,946,000 shall become
available on July 1, 2012, and shall remain available through September
30, 2013, and of which $791,000,000 shall become available on October
1, 2012, and shall remain available through September 30, 2013:
Provided, That of the amount provided for Adult Education State Grants,
$74,850,000 shall be made available for integrated English literacy and
civics education services to immigrants and other limited-English-
proficient populations: Provided further, That of the amount reserved
for integrated English literacy and civics education, notwithstanding
section 211 of the AEFLA, 65 percent shall be allocated to States based
on a State's absolute need as determined by calculating each State's
share of a 10-year average of the United States Citizenship and
Immigration Services data for immigrants admitted for legal permanent
residence for the 10 most recent years, and 35 percent allocated to
States that experienced growth as measured by the average of the 3 most
recent years for which United States Citizenship and Immigration
Services data for immigrants admitted for legal permanent residence are
available, except that no State shall be allocated an amount less than
$60,000: Provided further, That of the amounts made available for
AEFLA, $11,323,000 shall be for national leadership activities under
section 243.
Student Financial Assistance
For carrying out subparts 1 and 3 of part A, and part C of title IV
of the HEA, $24,538,521,000, which shall remain available through
September 30, 2013.
The maximum Pell Grant for which a student shall be eligible during
award year 2012-2013 shall be $4,860.
Student Aid Administration
For Federal administrative expenses to carry out part D of title I,
and subparts 1, 3, 4, 9, and 10 of part A, and parts B, C, D, and E of
title IV of the HEA, $1,045,363,000, to remain available until
September 30, 2013.
Higher Education
For carrying out, to the extent not otherwise provided, titles II,
III, IV, V, VI, VII, and VIII of the HEA, the Mutual Educational and
Cultural Exchange Act of 1961, and section 117 of the Carl D. Perkins
Career and Technical Education Act of 2006, $1,873,196,000: Provided,
That $608,000 shall be for data collection and evaluation activities
for programs under the HEA, including such activities needed to comply
with the Government Performance and Results Act of 1993: Provided
further, That notwithstanding any other provision of law, funds made
available in this Act to carry out title VI of the HEA and section
102(b)(6) of the Mutual Educational and Cultural Exchange Act of 1961
may be used to support visits and study in foreign countries by
individuals who are participating in advanced foreign language training
and international studies in areas that are vital to United States
national security and who plan to apply their language skills and
knowledge of these countries in the fields of government, the
professions, or international development: Provided further, That of
the funds referred to in the preceding proviso up to 1 percent may be
used for program evaluation, national outreach, and information
dissemination activities: Provided further, That notwithstanding any
other provision of law, a recipient of a multi-year award under section
316 of the HEA, as that section was in effect prior to the date of
enactment of the Higher Education Opportunity Act (referred to in this
Act as ``HEOA''), that would have otherwise received a continuation
award for fiscal year 2012 under that section, shall receive under
section 316, as amended by the HEOA, not less than the amount that such
recipient would have received under such a continuation award:
Provided further, That the portion of the funds received under section
316 by a recipient described in the preceding proviso that is equal to
the amount of such continuation award shall be used in accordance with
the terms of such continuation award.
Howard University
For partial support of Howard University, $234,507,000, of which
not less than $3,600,000 shall be for a matching endowment grant
pursuant to the Howard University Endowment Act and shall remain
available until expended.
College Housing and Academic Facilities Loans Program
For Federal administrative expenses to carry out activities related
to existing facility loans pursuant to section 121 of the HEA,
$460,000.
Historically Black College and University Capital Financing Program
Account
For the cost of guaranteed loans, $20,188,000, as authorized
pursuant to part D of title III of the HEA: Provided, That such costs,
including the cost of modifying such loans, shall be as defined in
section 502 of the Congressional Budget Act of 1974: Provided further,
That these funds are available to subsidize total loan principal, any
part of which is to be guaranteed, not to exceed $367,255,000:
Provided further, That these funds may be used to support loans to
public and private Historically Black Colleges and Universities without
regard to the limitations within section 344(a) of the HEA.
In addition, for administrative expenses to carry out the
Historically Black College and University Capital Financing Program
entered into pursuant to part D of title III of the HEA, $353,000.
Institute of Education Sciences
For carrying out activities authorized by the Education Sciences
Reform Act of 2002, the National Assessment of Educational Progress
Authorization Act, section 208 of the Educational Technical Assistance
Act of 2002, and section 664 of the Individuals with Disabilities
Education Act, $594,788,000, which shall remain available through
September 30, 2013: Provided, That funds available to carry out
section 208 of the Educational Technical Assistance Act may be used to
link Statewide elementary and secondary data systems with early
childhood, postsecondary, and workforce data systems, or to further
develop such systems: Provided further, That up to $11,000,000 of the
funds available to carry out section 208 of the Educational Technical
Assistance Act may be used for awards to public or private
organizations or agencies to support activities to improve data
coordination, quality, and use at the local, State, and national
levels.
Departmental Management
program administration
For carrying out, to the extent not otherwise provided, the
Department of Education Organization Act, including rental of
conference rooms in the District of Columbia and hire of three
passenger motor vehicles, $447,104,000.
office for civil rights
For expenses necessary for the Office for Civil Rights, as
authorized by section 203 of the Department of Education Organization
Act, $102,818,000.
office of the inspector general
For expenses necessary for the Office of the Inspector General, as
authorized by section 212 of the Department of Education Organization
Act, $59,933,000.
General Provisions
Sec. 301. No funds appropriated in this Act may be used for the
transportation of students or teachers (or for the purchase of
equipment for such transportation) in order to overcome racial
imbalance in any school or school system, or for the transportation of
students or teachers (or for the purchase of equipment for such
transportation) in order to carry out a plan of racial desegregation of
any school or school system.
Sec. 302. None of the funds contained in this Act shall be used to
require, directly or indirectly, the transportation of any student to a
school other than the school which is nearest the student's home,
except for a student requiring special education, to the school
offering such special education, in order to comply with title VI of
the Civil Rights Act of 1964. For the purpose of this section an
indirect requirement of transportation of students includes the
transportation of students to carry out a plan involving the
reorganization of the grade structure of schools, the pairing of
schools, or the clustering of schools, or any combination of grade
restructuring, pairing, or clustering. The prohibition described in
this section does not include the establishment of magnet schools.
Sec. 303. No funds appropriated in this Act may be used to prevent
the implementation of programs of voluntary prayer and meditation in
the public schools.
(transfer of funds)
Sec. 304. Not to exceed 1 percent of any discretionary funds
(pursuant to the Balanced Budget and Emergency Deficit Control Act of
1985) which are appropriated for the Department of Education in this
Act may be transferred between appropriations, but no such
appropriation shall be increased by more than 3 percent by any such
transfer: Provided, That the transfer authority granted by this
section shall not be used to create any new program or to fund any
project or activity for which no funds are provided in this Act:
Provided further, That the Committees on Appropriations of the House of
Representatives and the Senate are notified at least 15 days in advance
of any transfer.
Sec. 305. The Outlying Areas may consolidate funds received under
this Act, pursuant to 48 U.S.C. 1469a, under part A of title V of the
ESEA.
Sec. 306. Section 105(f)(1)(B)(ix) of the Compact of Free
Association Amendments Act of 2003 (48 U.S.C. 1921d(f)(1)(B)(ix)) shall
be applied by substituting ``2012'' for ``2009''.
Sec. 307. (a) Notwithstanding any other provision of law, the
Secretary is authorized to modify the terms and conditions of gulf
hurricane disaster loans to affected institutions pursuant to section
2601 of Public Law 109-234 using the authority provided herein, on such
terms as the Secretary, the Secretary of the Treasury, and the Director
of the Office of Management and Budget jointly determine are in the
best interests of both the United States and the borrowers, and
necessary to mitigate the economic effects of Hurricanes Katrina and
Rita. Any modification under this section shall not result in any net
cost to the Federal Government, as jointly determined by the Secretary,
the Secretary of the Treasury, and the Director of the Office of
Management and Budget, beginning on the date on which the Secretary
modifies a loan under this section.
(b) Federal Register Notice.--The Secretary, the Secretary of the
Treasury, and the Director of the Office of Management and Budget,
shall jointly publish a notice in the Federal Register prior to any
modification of loans under paragraph (a) that--
(1) establishes the terms and conditions governing the
modifications authorized by paragraph (a);
(2) includes an outline of the methodology and factors that the
Secretary, the Secretary of the Treasury, and the Director of the
Office of Management and Budget, will jointly consider in
evaluating the modification of the loans made under this title; and
(3) describes how the use of such methodology and consideration
of such factors used to determine the modifications will ensure
that loan modifications do not result in any net cost to the
Federal Government.
(c) Fees.--An affected institution that receives a modification to
its disaster loan pursuant to section 2601 of Public Law 109-234 shall
pay a fee to the Secretary which shall be credited to the HBCU
Hurricane Supplemental Loan Program. Such fees shall remain available
without fiscal year limitation to pay the modification costs. The
amount of the fee paid shall be equal to the modification cost as
jointly determined by the Secretary, the Secretary of the Treasury, and
the Director of the Office of Management and Budget, calculated in
accordance with section 502 of the Federal Credit Reform Act of 1990,
as amended, of such loan.
Sec. 308. Section 14006(c)(2) of division A of the American
Recovery and Reinvestment Act of 2009 (as amended by section 1832(b) of
division B of Public Law 112-10) is amended by inserting before the
period, ``except that such a State may use its grant funds to make
subgrants to public or private agencies and organizations for
activities consistent with the purposes of the grant''.
Sec. 309. (a) Federal Pell Grant Eligibility.--
(1) Minimum level.--Section 401(b)(4) of the HEA (20 U.S.C.
1070a(b)(4)) is amended by striking ``, except that'' and all that
follows and inserting a period.
(2) Duration of award period.--Section 401(c)(5) of the HEA (20
U.S.C. 1070a(c)(5)) is amended--
(A) by striking ``18'' each place it appears and inserting
``12''; and
(B) by striking the last sentence.
(b) Zero Expected Family Contribution.--Section 479(c) of the HEA
(20 U.S.C. 1087ss(c)) is amended--
(1) in paragraph (1)(B), by striking ``$30,000'' and inserting
``$23,000''; and
(2) in paragraph (2)(B), by striking ``$30,000'' and inserting
``$23,000''.
(c) Students Who Are Not High School Graduates.--
(1) Amendment.--Section 484(d) of the HEA (20 U.S.C. 1091(d))
is amended--
(A) in the matter preceding paragraph (1), by striking
``meet one of the following standards:'';
(B) by striking paragraphs (1), (2), and (4); and
(C) in paragraph (3), by striking ``(3) The student has''
and inserting ``have''; and
(2) Transition.--The amendment made by paragraph (1) shall
apply to students who first enroll in a program of study on or
after July 1, 2012.
(3) Conforming change.--Section 101(a)(1) of the HEA (20 U.S.C.
1001(a)(1) is amended by striking ``section 484(d)(3)'' and
inserting ``section 484(d)''.
(d) Temporary Elimination of Interest Subsidy During Student Loan
Grace Period.--
(1) Section 428(a)(3)(A)(i)(I) of the HEA (20 U.S.C.
1078(a)(3)(A)(i)(I)) is amended to read as follows:
``(I) which accrues prior to the date the student
ceases to carry at least one-half the normal full-time
academic workload (as determined by the institution),
or''.
(2) The amendment made by paragraph (1) shall apply to new
Federal Direct Stafford Loans made on or after July 1, 2012 and
before July 1, 2014.
(e) Revised Special Allowance Calculation.--
(1) Revised calculation rule.--Section 438(b)(2)(I) of the HEA
(20 U.S.C. 1087-1(b)(2)(I)) is amended by adding at the end the
following:
``(vii) Revised calculation rule to reflect financial
market conditions.--
``(I) Calculation based on libor.--For the calendar
quarter beginning on April 1, 2012 and each subsequent
calendar quarter, in computing the special allowance
paid pursuant to this subsection with respect to loans
described in subclause (II), clause (i)(I) of this
subparagraph shall be applied by substituting `of the
1-month London Inter Bank Offered Rate (LIBOR) for
United States dollars in effect for each of the days in
such quarter as compiled and released by the British
Bankers Association' for `of the quotes of the 3-month
commercial paper (financial) rates in effect for each
of the days in such quarter as reported by the Federal
Reserve in Publication H-15 (or its successor) for such
3-month period'.
``(II) Loans eligible for libor-based
calculation.--The special allowance paid pursuant to
this subsection shall be calculated as described in
subclause (I) with respect to special allowance
payments for the 3-month period ending June 30, 2012,
and each succeeding 3-month period, on loans for which
the first disbursement is made on or after January 1,
2000, and before July 1, 2010, if, not later than April
1, 2012, the holder of the loan (or, if the holder acts
as eligible lender trustee for the beneficial owner of
the loan, the beneficial owner of the loan),
affirmatively and permanently waives all contractual,
statutory, or other legal rights to a special allowance
paid pursuant to this subsection that is calculated
using the formula in effect at the time the loans were
first disbursed.
``(III) Terms of waiver.--
``(aa) In general.--A waiver pursuant to
subclause (II) shall be in a form (printed or
electronic) prescribed by the Secretary, and shall
be applicable to--
``(AA) all loans described in such
subclause that the lender holds solely in its
own right under any lender identification
number associated with the holder (pursuant to
section 487B);
``(BB) all loans described in such
subclause for which the beneficial owner has
the authority to make an election of a waiver
under such subclause, regardless of the lender
identification number associated with the loan
or the lender that holds the loan as eligible
lender trustee on behalf of such beneficial
owner; and
``(CC) all future calculations of the
special allowance on loans that, on the date of
such waiver, are loans described in subitem
(AA) or (BB), or that, after such date, become
loans described in subitem (AA) or (BB).
``(bb) Exceptions.--Any waiver pursuant to
subclause (II) that is elected for loans described
in subitem (AA) or (BB) of item (aa) shall not
apply to any loan described in such subitem for
which the lender or beneficial owner of the loan
demonstrates to the satisfaction of the Secretary
that--
``(AA) in accordance with an agreement
entered into before the date of enactment of
this section by which such lender or owner is
governed and that applies to such loans, such
lender or owner is not legally permitted to
make an election of such waiver with respect to
such loans without the approval of one or more
third parties with an interest in the loans,
and that the lender or owner followed all
available options under such agreement to
obtain such approval, and was unable to do so;
or
``(BB) such lender or beneficial owner
presented the proposal of electing such a
waiver applicable to such loans associated with
an obligation rated by a nationally recognized
statistical rating organization (as defined in
section 3(a)(62) of the Securities Exchange Act
of 1934), and such rating organization provided
a written opinion that the agency would
downgrade the rating applicable to such
obligation if the lender or owner elected such
a waiver.''.
(2) Conforming amendments.--Section 438(b)(2)(I) of the HEA (20
U.S.C. 1087-1(b)(2)(I)) is further amended--
(A) in clause (i)(II), by striking ``such average bond
equivalent rate'' and inserting ``the rate determined under
subclause (I) (in accordance with clause (vii))''; and
(B) in clause (v)(III), by striking ``(iv), and (vi)'' and
inserting ``(iv), (vi), and (vii)''.
(f) Reappropriation of Mandatory Savings.--Section 401(b)(7)(A)(iv)
of the HEA (20 U.S.C. 1070a(b)(7)(A)(iv)) is amended to read as
follows:
``(iv) to carry out this section--
``(I) $13,500,000,000 for fiscal year 2011;
``(II) $13,795,000,000 for fiscal year 2012;
``(III) $7,587,000,000 for fiscal year 2013;
``(IV) $588,000,000 for fiscal year 2014;
``(V) $0 for fiscal year 2015;
``(VI) $0 for fiscal year 2016;
``(VII) $1,574,000,000 for fiscal year 2017;
``(VIII) $1,382,000,000 for fiscal year 2018;
``(IX) $1,409,000,000 for fiscal year 2019;
``(X) $1,430,000,000 for fiscal year 2020; and
``(XI) $1,145,000,000 for fiscal year 2021 and each
succeeding fiscal year.''.
(g) Effective Date.--The amendments made by subsections (a), (b),
and (c) shall take effect on July 1, 2012.
(h) Inapplicability of Negotiated Rulemaking and Master Calendar
Exception.--Sections 482(c) and 492 of the HEA (20 U.S.C. 1089(c),
1098a) shall not apply to the amendments made by this section, or to
any regulations promulgated under those amendments.
This title may be cited as the ``Department of Education
Appropriations Act, 2012''.
TITLE IV
RELATED AGENCIES
Committee for Purchase From People Who Are Blind or Severely Disabled
salaries and expenses
For expenses necessary for the Committee for Purchase From People
Who Are Blind or Severely Disabled established by Public Law 92-28,
$5,385,000.
Corporation for National and Community Service
operating expenses
For necessary expenses for the Corporation for National and
Community Service (referred to in this title as ``CNCS'') to carry out
the Domestic Volunteer Service Act of 1973 (referred to in this title
as ``1973 Act'') and the National and Community Service Act of 1990
(referred to in this title as ``1990 Act''), $751,672,000,
notwithstanding sections 198B(b)(3), 198S(g), 501(a)(4)(C), and
501(a)(4)(F) of the 1990 Act: Provided, That of the amounts provided
under this heading: (1) up to 1 percent of program grant funds may be
used to defray the costs of conducting grant application reviews,
including the use of outside peer reviewers and electronic management
of the grants cycle; (2) $44,900,000 shall be available for expenses
authorized under section 501(a)(4)(E) of the 1990 Act; (3) $2,000,000
shall be available for expenses to carry out sections 112(e), 179A, and
198O and 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,
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, 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. 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.
Sec. 402. 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 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, 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,
That fees for arbitration 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 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.
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 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 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, 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, That notice 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. (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) 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 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. (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) 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. (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) In this subsection, the term ``health care entity'' includes an
individual physician or other health care professional, a hospital, 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) 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) 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. (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. 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. 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. 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.
Sec. 514. 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. (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. (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.
(b) None of the funds made available in this Act may be used to
disseminate information that is deliberately false or misleading.
Sec. 517. 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. 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. 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. 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. 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. 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.
(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. 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. 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 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 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.
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.
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. (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.
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 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 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) 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. (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 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).
(c) 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. Effective February 1, 2010--
(1) 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 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) 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. 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. (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, 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 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 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, 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. (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 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. (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.
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.
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,
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. (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.
permitting use of proceeds from disposition of surplus or obsolete
personal property
Sec. 1304. (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 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.
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.
GOVERNMENT ACCOUNTABILITY OFFICE
Salaries and Expenses
For 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) 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 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. 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 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''.
DIVISION H--MILITARY 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, 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, 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, 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.
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, 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 headquarters:
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, 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 chapter
1803 of title 10, United States Code, and Military Construction
Authorization Acts, $116,246,000, to remain available until September
30, 2016: Provided, 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 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, 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 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.
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.
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 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 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. 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. 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. 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. 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. 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.
Sec. 111. 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. 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. 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 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. 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. 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, 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 remediation that could not be reasonably
anticipated at the time of the budget submission: Provided further,
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. 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, 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. 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.
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. (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 project: Provided, That this limitation may
be waived in part if: (1) the Secretary of Defense certifies to
Congress that levels of service at existing intersections in the
vicinity of the project have not experienced failing levels of service
as defined by the Transportation Research Board Highway Capacity Manual
over a consecutive 90-day period; (2) the Department of Defense and the
Virginia Department of Transportation agree on the number of additional
parking spaces that may be made available to employees of the facility
subject to continued 90-day traffic monitoring; and (3) the Secretary
of Defense notifies the congressional defense committees in writing at
least 14 days prior to exercising this waiver of the number of
additional parking spaces to be made available: Provided further, That
the Secretary of Defense shall implement the Department of Defense
Inspector General recommendations outlined in report number DODIG-2012-
024, and certify to Congress not later than 180 days after enactment of
this Act that the recommendations have been implemented.
Sec. 128. 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. None of the funds made available by this Act may be used
for any action that relates to or promotes the expansion 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) 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 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 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, 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 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, 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 (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,
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,
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 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, 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,
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 an
established enterprise life cycle methodology; and (4) complies with
the acquisition rules, requirements, guidelines, and systems
acquisition management practices of the Federal 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 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, 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, 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.
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, 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,
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, 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
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.
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. 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,
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 credited to the ``General administration'' and
``Information technology systems'' accounts for use by the office that
provided the service.
Sec. 211. 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. 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. The Secretary
shall require participating veterans and facilities to comply with all
appropriate rules and regulations, as established by the Secretary. 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. 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, 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, 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; 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, 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, 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.
(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. 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) 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. The Secretary of Veterans Affairs shall provide on a
quarterly basis to the Committees on Appropriations of both 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. 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.
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.
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. 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. 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.
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. 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. (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) 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. (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
(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 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.
(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.
(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) 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.
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, 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.
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 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, 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,
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, 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, 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, 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 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, 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 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,
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
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, 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
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 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:
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 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
Liberty: Provided further, That 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, 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 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), 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, 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.
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,
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.
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, 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, 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,
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 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, 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 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 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 (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, 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 Alliance: 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, 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
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 1961:
Provided further, That none of the funds made available under this Act
may be used to lobby for or against abortion: Provided further, 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 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 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, 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 $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 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 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, 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, 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.
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, 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 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, 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 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 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 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 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 there is a substantial security risk to volunteers or
other Peace Corps personnel, pursuant to section 7015(e) of this 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, 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 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
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
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 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, 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, 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.
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, 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, 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, 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 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, 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 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, 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,
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, That funds appropriated under this Act should not be used to
support any military training or operations that include 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.
Funds Appropriated to the President
international military education and training
For 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, 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 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 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, 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 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, 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 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, 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, 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 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.
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 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 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, 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, 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, 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, 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,
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 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 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, 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. 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.
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) 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) 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) 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.
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, 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, 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, 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 processes: Provided further, That 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 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) 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 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 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 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 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, 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. 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. (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 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.--
(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) 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 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 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) 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 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. (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, 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 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, 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) 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,
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 waiver: Provided further, That any
notification provided pursuant to such a waiver shall contain an
explanation of the emergency circumstances.
(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. 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. None of the funds made available to carry out
part I of 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) 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. (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, 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, 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) 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 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) The President may waive the application of paragraph (1) to
a government if the President determines that national security or
humanitarian reasons justify such 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. 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.
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, 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, 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;
(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) 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. (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
(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 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 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, 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, 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 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) 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. 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.--
(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) 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, 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) 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) 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) 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.--
(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, 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, 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 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) 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) 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) 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 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 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 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 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. 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. (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 ``Transition Initiatives''
should be made available to support programs to disarm, demobilize, and
reintegrate into civilian society former members of foreign terrorist
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, 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.
(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
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 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, That such pilot program shall be implemented not
later than September 30, 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 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, 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.
(k) Modification of Amendment.--Section 620J of the Foreign
Assistance Act of 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 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 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) 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) 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) 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) 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) The authority contained in section 1603(a)(2) of Public Law
109-234, as amended, shall remain in effect through September 30,
2012.
(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 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, 1980: Provided, That the Secretary shall report to the
Committees on Appropriations within 15 days of making any such
determination.
(q) 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.
(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. (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 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 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
support, consulting services, or any other form of assistance to the
Palestinian Broadcasting Corporation.
assistance for the west bank and gaza
Sec. 7039. (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 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, 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) 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 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) 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) 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) 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 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 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 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 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) 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) 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) 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) The Secretary of State may waive the requirements of
paragraphs (A) and (B) if the Secretary determines and reports to
the Committees on Appropriations that to do so is in the national
security interest of the United States: Provided, That such
determination and report shall include a detailed justification for
such waiver.
(2) 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
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, 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 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, 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,
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, 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, 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 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, 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) 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''.
(2) 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) 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, 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
Act of 1961, and shall be submitted not later than September 1,
2012: Provided further, 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, 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, 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 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).
(c) 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. (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 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, 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 may
be made available for assistance for Equatorial Guinea or Somalia.
(e) Ethiopia.--
(1) 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 Assembly to conduct
oversight over government revenues and expenditures.
(2) 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) 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 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) 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) 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, That prior to exercising such waiver authority, 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) 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) 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 made available to support programs in 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, 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 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 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) 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) 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 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 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, 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, 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 the
Committees on Appropriations that there are no effective
alternatives and the eradication is in accordance with Colombian
laws.
(2) Colombian armed forces.--Of the funds appropriated by this
Act that are available for assistance for the Colombian Armed
Forces, 25 percent may be obligated only after the Secretary of
State consults with, and subsequently certifies and submits a
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) 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 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, 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 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 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.
(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) 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
(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) 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) 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 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) 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 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) 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
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 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) 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) 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.
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. 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, 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) 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) 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) 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) Restrictions on United Nations Delegations and Organizations.--
(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) 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) 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, 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) 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 law: Provided further, 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. 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, 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 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 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) 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. 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 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. (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) Restrictions.--
(1) The number of individuals hired in any fiscal year pursuant
to the authority contained in subsection (a) may not exceed 175.
(2) The authority to hire individuals contained in subsection
(a) shall expire on September 30, 2013.
(c) Conditions.--The 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 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) 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 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 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) 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 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) 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 the President determines and reports to
the Committees on Appropriations that a pandemic virus 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, 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) 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;
(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 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 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 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 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) 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 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 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, That the
Administrator of the United States Agency for International Development
shall consult with the Committees 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. 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, 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 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.
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. (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 section: Provided further, That the
exercise of such authority shall be subject to the regular notification
procedures of the Committees on Appropriations.
(b) 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. (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 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) 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) 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. 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. (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 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. (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.
(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. (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) 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.
enterprise funds
Sec. 7075. (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. (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 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 funds:
Provided further, That the USAID Administrator shall consult with the
Committees on 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. (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.
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) 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,
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:
``SEC. 69. 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. 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. 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.''.
(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. 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. 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) European Bank for Reconstruction and Development.--The European
Bank for Reconstruction and Development 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. (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 transparency,
including budget publication and public scrutiny, prior to loan
approval;
(6) 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. 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. 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 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. 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. 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 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. (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) 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.
(b)(1) 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) 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. 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 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.
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.
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 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
contained in the Foreign Assistance Act of 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, 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, 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, That such transfers shall be
subject to the regular notification procedures of the Committees on
Appropriations: Provided further, 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, That this transfer authority is in addition to any other
transfer authority available to the Department of State, and shall be
subject to prior consultation with the Committees on Appropriations:
Provided further, 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, 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''.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.