1.This Act may be cited as the
Consolidated Appropriations Act,
2012
.
2.The table of contents
of this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. References.
Sec. 4. Explanatory statement.
Sec. 5. Statement of appropriations.
Sec. 6. Availability of funds.
DIVISION A—DEPARTMENT OF DEFENSE APPROPRIATIONS ACT,
2012
Title I—Military Personnel, Army
Title II—Operation and Maintenance
Title III—Procurement
Title IV—Research, Development, Test and Evaluation
Title V—Revolving and Management Funds
Title VI—Other Department of Defense Programs
Title VII—Related agencies
Title VIII—General provisions
Title IX—Overseas contingency operations
DIVISION B—ENERGY AND WATER DEVELOPMENT APPROPRIATIONS ACT,
2012
Title I—Corps of Engineers—Civil
Title II—Department of the Interior
Title III—Department of Energy
Title IV—Independent agencies
Title V—General provisions
DIVISION C—FINANCIAL SERVICES AND GENERAL GOVERNMENT
APPROPRIATIONS ACT, 2012
Title I—Department of the Treasury
Title II—Executive Office of the President and Funds
Appropriated to the President
Title III—The Judiciary
Title IV—District of Columbia
Title V—Independent agencies
Title VI—General provisions—This Act
Title VII—General provisions—Government-wide
Title VIII—General provisions—District of Columbia
DIVISION D—DEPARTMENT OF HOMELAND SECURITY APPROPRIATIONS ACT,
2012
Title I—Departmental management and operations
Title II—Security, enforcement, and investigations
Title III—Protection, preparedness, response, and
recovery
Title IV—Research and development, training, and
services
Title V—General provisions
DIVISION E—DEPARTMENT OF THE INTERIOR, ENVIRONMENT, AND
RELATED AGENCIES APPROPRIATIONS ACT, 2012
Title I—Department of the Interior
Title II—Environmental Protection Agency
Title III—Related agencies
Title IV—General provisions
DIVISION F—DEPARTMENTS OF LABOR, HEALTH AND HUMAN SERVICES,
EDUCATION, AND RELATED AGENCIES APPROPRIATIONS ACT, 2012
Title I—Department of Labor
Title II—Department of Health and Human Services
Title III—Department of Education
Title IV—Related agencies
Title V—General provisions
DIVISION G—LEGISLATIVE BRANCH APPROPRIATIONS ACT,
2012
Title I—Legislative Branch
Title II—General provisions
DIVISION H—MILITARY CONSTRUCTION AND VETERANS AFFAIRS AND
RELATED AGENCIES APPROPRIATIONS ACT, 2012
Title I—Department of Defense
Title II—Department of Veterans Affairs
Title III—Related agencies
Title IV—Overseas contingency operations
Title V—General provisions
DIVISION I—DEPARTMENT OF STATE, FOREIGN OPERATIONS, AND
RELATED PROGRAMS APPROPRIATIONS ACT, 2012
Title I—Department of State and related agency
Title II—United States Agency for International
Development
Title III—Bilateral economic assistance
Title IV—International security assistance
Title V—Multilateral assistance
Title VI—Export and investment assistance
Title VII—General provisions
Title VIII—Overseas contingency operations
3.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.
4.The explanatory
statement regarding this Act printed in the House of Representatives section of
the Congressional Record on or about December 16, 2011 by the Chairman of the
Committee of Appropriations of the House shall have the same effect with
respect to the allocation of funds and implementation of this Act as if it were
a joint explanatory statement of a committee of conference.
5.Statement of
appropriationsThe 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.
6.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.
ADEPARTMENT OF
DEFENSE APPROPRIATIONS ACT, 2012
<enum>I</enum><header display-inline="yes-display-inline">Military Personnel, Army</header>
<appropriations-intermediate commented="no" id="idDA486DA5136845DAA0F487CC94FE4194"><text display-inline="no-display-inline">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.</text>
</appropriations-intermediate><appropriations-intermediate commented="no" id="id0F02400F8DAB42339077EA3ED2B78AD1"><header display-inline="yes-display-inline">Military personnel, navy</header><text display-inline="no-display-inline">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.</text>
</appropriations-intermediate><appropriations-intermediate commented="no" id="id24FB4E676E9C4CBE9E8900D482C47C06"><header display-inline="yes-display-inline">Military personnel, marine
corps</header><text display-inline="no-display-inline">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.</text>
</appropriations-intermediate><appropriations-intermediate commented="no" id="id56EDEEB0CB1845D7BCCAA694A6D46D87"><header display-inline="yes-display-inline">Military personnel, air force</header><text display-inline="no-display-inline">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.</text>
</appropriations-intermediate><appropriations-intermediate commented="no" id="idD67622BBD7E849589E7C4A801F7026F5"><header display-inline="yes-display-inline">Reserve personnel, army</header><text display-inline="no-display-inline">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.</text>
</appropriations-intermediate><appropriations-intermediate commented="no" id="idFF5A43EF65FB4CD68C353F04483032C3"><header display-inline="yes-display-inline">Reserve personnel, navy</header><text display-inline="no-display-inline">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.</text>
</appropriations-intermediate><appropriations-intermediate commented="no" id="id7C1E6EB82B3E4BA7BE5AE7ED0891B9FE"><header display-inline="yes-display-inline">Reserve personnel, marine
corps</header><text display-inline="no-display-inline">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.</text>
</appropriations-intermediate><appropriations-intermediate commented="no" id="id295ABC4CB4D74B3399F986408F0F678B"><header display-inline="yes-display-inline">Reserve personnel, air force</header><text display-inline="no-display-inline">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.</text>
</appropriations-intermediate><appropriations-intermediate commented="no" id="id4CD0D55A1B50475A975F4C151F20E9F2"><header display-inline="yes-display-inline">National guard personnel,
army</header><text display-inline="no-display-inline">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.</text>
</appropriations-intermediate><appropriations-intermediate commented="no" id="id43A91718FEAF4B7BBB5C5ED046F806B4"><header display-inline="yes-display-inline">National guard personnel, air
force</header><text display-inline="no-display-inline">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.</text><pagebreak></pagebreak>
</appropriations-intermediate><enum>II</enum><header display-inline="no-display-inline">Operation and Maintenance</header>
<appropriations-intermediate commented="no" id="idA5AE9D67BA5D4A3C8693051F2A8BF97C"><header display-inline="yes-display-inline">Operation and maintenance,
army</header><text display-inline="no-display-inline">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.</text>
</appropriations-intermediate><appropriations-intermediate id="H90E397DB9D264DC7832AECAFDA3C85F2"><header>Operation and Maintenance,
Navy</header><text display-inline="no-display-inline">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.</text>
</appropriations-intermediate><appropriations-intermediate commented="no" id="id0704896190934BA6AB06059A6A21C4C7"><header display-inline="yes-display-inline">Operation and maintenance, marine
corps</header><text display-inline="no-display-inline">For expenses, not
otherwise provided for, necessary for the operation and maintenance of the
Marine Corps, as authorized by law,
$5,542,937,000.</text>
</appropriations-intermediate><appropriations-intermediate commented="no" id="id0DA9DD5248FF4DB69227601224CBFDB3"><header display-inline="yes-display-inline">Operation and maintenance, air
force</header><text display-inline="no-display-inline">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.</text>
</appropriations-intermediate><appropriations-intermediate commented="no" id="id5D83E0A601D3423ABEEC55A40896942A"><header display-inline="yes-display-inline">Operation and maintenance,
defense-Wide</header>
</appropriations-intermediate><appropriations-small commented="no" id="id8EE6C5D725FC4BFEA37C2D254D654513"><header display-inline="yes-display-inline">(including transfer of funds)</header><text display-inline="no-display-inline">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:
<proviso><italic>Provided</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, 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):
<proviso><italic>Provided further</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, That the transfer
authority provided under this heading is in addition to any other transfer
authority provided elsewhere in this Act.</text>
</appropriations-small><appropriations-intermediate commented="no" id="idA33B48F78A5E493F9E0301BD6CC1DA81"><header display-inline="yes-display-inline">Operation and maintenance, army
reserve</header><text display-inline="no-display-inline">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.</text>
</appropriations-intermediate><appropriations-intermediate commented="no" id="idBAD8936E4F524579B0E010BE5B525AA4"><header display-inline="yes-display-inline">Operation and maintenance, navy
reserve</header><text display-inline="no-display-inline">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.</text>
</appropriations-intermediate><appropriations-intermediate commented="no" id="id1DE106803EC74177A23DEA1416A2AC45"><header display-inline="yes-display-inline">Operation and maintenance, marine corps
reserve</header><text display-inline="no-display-inline">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.</text>
</appropriations-intermediate><appropriations-intermediate commented="no" id="id414C9B6EFE8145B1B1E9A3BDFE12E9DD"><header display-inline="yes-display-inline">Operation and maintenance, air force
reserve</header><text display-inline="no-display-inline">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.</text>
</appropriations-intermediate><appropriations-intermediate commented="no" id="idF0909455E0F347EDA7C622A02BAC5A30"><header display-inline="yes-display-inline">Operation and maintenance, army national
guard</header><text display-inline="no-display-inline">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.</text>
</appropriations-intermediate><appropriations-intermediate commented="no" id="id3D8E41FA3CC34528877E698B357FB1DF"><header display-inline="yes-display-inline">Operation and maintenance, air national
guard</header><text display-inline="no-display-inline">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.</text>
</appropriations-intermediate><appropriations-intermediate commented="no" id="id17971807204A4096A88F52EBBFA55E4A"><header display-inline="yes-display-inline">United states court of appeals for the
armed forces</header><text display-inline="no-display-inline">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.</text>
</appropriations-intermediate><appropriations-intermediate commented="no" id="id829DB33EE3D449058B7F48A2096D6407"><header display-inline="yes-display-inline">Environmental restoration,
army</header>
</appropriations-intermediate><appropriations-small commented="no" id="id9EFB584866184CED992FC64F9611D9CC"><header display-inline="yes-display-inline">(including transfer of funds)</header><text display-inline="no-display-inline">For the Department of the Army,
$346,031,000, to remain available until transferred:
<proviso><italic>Provided</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, That the transfer
authority provided under this heading is in addition to any other transfer
authority provided elsewhere in this Act.</text>
</appropriations-small><appropriations-intermediate commented="no" id="id30B358538C5F4B6EB2DA8691E843A6D6"><header display-inline="yes-display-inline">Environmental restoration,
navy</header>
</appropriations-intermediate><appropriations-small commented="no" id="id68D01645DD5E4D8EA13E6B544183B9B9"><header display-inline="yes-display-inline">(including transfer of funds)</header><text display-inline="no-display-inline">For the Department of the Navy,
$308,668,000, to remain available until transferred:
<proviso><italic>Provided</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, That the transfer
authority provided under this heading is in addition to any other transfer
authority provided elsewhere in this Act.</text>
</appropriations-small><appropriations-intermediate commented="no" id="id6890CEF094904A04A0975B509F3D7D71"><header display-inline="yes-display-inline">Environmental restoration, air
force</header>
</appropriations-intermediate><appropriations-small commented="no" id="id651C6802CCA64B289A2F85FC4CDFC9F1"><header display-inline="yes-display-inline">(including transfer of funds)</header><text display-inline="no-display-inline">For the Department of the Air Force,
$525,453,000, to remain available until transferred:
<proviso><italic>Provided</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, That the transfer
authority provided under this heading is in addition to any other transfer
authority provided elsewhere in this Act.</text>
</appropriations-small><appropriations-intermediate commented="no" id="id047DF5FB81D94AA8A3F746708A0423E9"><header display-inline="yes-display-inline">Environmental restoration,
defense-Wide</header>
</appropriations-intermediate><appropriations-small commented="no" id="idF57F9658537C468B862C4EADD51E4957"><header display-inline="yes-display-inline">(including transfer of funds)</header><text display-inline="no-display-inline">For the Department of Defense, $10,716,000,
to remain available until transferred:
<proviso><italic>Provided</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, That the transfer
authority provided under this heading is in addition to any other transfer
authority provided elsewhere in this Act.</text>
</appropriations-small><appropriations-intermediate commented="no" id="id5160E8C6EA6C41939860602035A3DE55"><header display-inline="yes-display-inline">Environmental restoration, formerly used
defense sites</header>
</appropriations-intermediate><appropriations-small commented="no" id="idACC4594B16904556A06F6EAAB60BF48E"><header display-inline="yes-display-inline">(including transfer of funds)</header><text display-inline="no-display-inline">For the Department of the Army,
$326,495,000, to remain available until transferred:
<proviso><italic>Provided</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, That the transfer
authority provided under this heading is in addition to any other transfer
authority provided elsewhere in this Act.</text>
</appropriations-small><appropriations-intermediate commented="no" id="id69DE86316FFE4C1E82A13DE49EB90996"><header display-inline="yes-display-inline">Overseas humanitarian, disaster, and civic
aid</header><text display-inline="no-display-inline">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.</text>
</appropriations-intermediate><appropriations-intermediate commented="no" id="idEFEF9D1DE78C48FF874A753B6AAB29F5"><header display-inline="yes-display-inline">Cooperative threat reduction
account</header><text display-inline="no-display-inline">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:
<proviso><italic>Provided</italic></proviso>, 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.</text>
</appropriations-intermediate><appropriations-intermediate commented="no" id="idAF3442FDCF364A6F98AA25B179E66164"><header display-inline="yes-display-inline">Department of defense acquisition workforce
development fund</header><text display-inline="no-display-inline">For the
Department of Defense Acquisition Workforce Development Fund,
$105,501,000.</text><pagebreak></pagebreak>
</appropriations-intermediate><enum>III</enum><header display-inline="no-display-inline">Procurement</header>
<appropriations-intermediate commented="no" id="idE6469CA789CA4CE6A5550907104391EC"><header display-inline="yes-display-inline">Aircraft procurement, army</header><text display-inline="no-display-inline">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.</text>
</appropriations-intermediate><appropriations-intermediate commented="no" id="id61FDBB08280A483F9A246DFE84ED4707"><header display-inline="yes-display-inline">Missile procurement, army</header><text display-inline="no-display-inline">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.</text>
</appropriations-intermediate><appropriations-intermediate commented="no" id="idA4E60A595C1F46CC8312ABF2132FDC81"><header display-inline="yes-display-inline">Procurement of weapons and tracked combat
vehicles, army</header><text display-inline="no-display-inline">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.</text>
</appropriations-intermediate><appropriations-intermediate commented="no" id="id6A49697EBF674BA38C44D34D17F7140B"><header display-inline="yes-display-inline">Procurement of ammunition,
army</header><text display-inline="no-display-inline">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.</text>
</appropriations-intermediate><appropriations-intermediate id="id41C29E09237C48E5A309AED298100FC0"><header>Other Procurement,
Army</header>
</appropriations-intermediate><appropriations-small id="id95A25B8FDEB548FA9BAA6ACB252F6D74"><text display-inline="no-display-inline">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.</text>
</appropriations-small><appropriations-intermediate commented="no" id="idF23207DB205C47C9B16A69522787770F"><header display-inline="yes-display-inline">Aircraft procurement, navy</header><text display-inline="no-display-inline">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.</text>
</appropriations-intermediate><appropriations-intermediate commented="no" id="id38B4CE9A895449BEB5ECB780BBB67E19"><header display-inline="yes-display-inline">Weapons procurement, navy</header><text display-inline="no-display-inline">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.</text>
</appropriations-intermediate><appropriations-intermediate commented="no" id="id923179FBD9C4464C825C5CA7B0B6FFAD"><header display-inline="yes-display-inline">Procurement of ammunition, navy and marine
corps</header><text display-inline="no-display-inline">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.</text>
</appropriations-intermediate><appropriations-intermediate commented="no" id="id0B1ECCAA113C4D58B3631DE2C6C66E28"><header display-inline="yes-display-inline">Shipbuilding and conversion,
navy</header><text display-inline="no-display-inline">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:</text>
<paragraph commented="no" display-inline="no-display-inline" id="id7F86A3F9A5DC49E1B138408D8009705D"><enum></enum><text display-inline="yes-display-inline">Carrier Replacement Program (AP),
$554,798,000;</text>
</paragraph><paragraph commented="no" display-inline="no-display-inline" id="id9F11D6B5DF0C493AB72041F76029544F"><enum></enum><text display-inline="yes-display-inline">Virginia Class Submarine,
$3,221,314,000;</text>
</paragraph><paragraph commented="no" display-inline="no-display-inline" id="idFC9FF2D49A53433A8718794C47F51460"><enum></enum><text display-inline="yes-display-inline">Virginia Class Submarine (AP),
$1,461,361,000;</text>
</paragraph><paragraph commented="no" display-inline="no-display-inline" id="idF10F648E2A8340298EEA483905D00154"><enum></enum><text display-inline="yes-display-inline">CVN Refuelings (AP), $529,652,000;</text>
</paragraph><paragraph commented="no" display-inline="no-display-inline" id="id8593BFD4E1B843789DE34822AABCEF82"><enum></enum><text display-inline="yes-display-inline">DDG–1000 Program, $453,727,000;</text>
</paragraph><paragraph commented="no" display-inline="no-display-inline" id="idFF5D7E546B464D97B89FEC2F9AAC35C8"><enum></enum><text display-inline="yes-display-inline">DDG–51 Destroyer, $1,980,709,000;</text>
</paragraph><paragraph commented="no" display-inline="no-display-inline" id="idE14D66F3B7554B799C4EC01AA8F1A27E"><enum></enum><text display-inline="yes-display-inline">DDG–51 Destroyer (AP), $100,723,000;</text>
</paragraph><paragraph commented="no" display-inline="no-display-inline" id="idF730AA22D43149DAA776FD145AAFC873"><enum></enum><text display-inline="yes-display-inline">Littoral Combat Ship,
$1,755,093,000;</text>
</paragraph><paragraph commented="no" display-inline="no-display-inline" id="idD5927C4D2D0D4C5C897025ACDA2E2988"><enum></enum><text display-inline="yes-display-inline">LPD–17, $1,837,444,000;</text>
</paragraph><paragraph commented="no" display-inline="no-display-inline" id="id5AFB5EB28A1142AEAFE3C710318D4B2A"><enum></enum><text display-inline="yes-display-inline">LHA–Replacement, $1,999,191,000;</text>
</paragraph><paragraph commented="no" display-inline="no-display-inline" id="id1A050A3B9BB447BE9E7B7085CE420B4F"><enum></enum><text display-inline="yes-display-inline">Joint High Speed Vessel,
$372,332,000;</text>
</paragraph><paragraph commented="no" display-inline="no-display-inline" id="id30416C323C7645BCBA388FA83C734DDD"><enum></enum><text display-inline="yes-display-inline">Oceanographic Ships, $89,000,000;</text>
</paragraph><paragraph commented="no" display-inline="no-display-inline" id="id6CFB81B27C394EEAB21045F6C657AC5E"><enum></enum><text display-inline="yes-display-inline">Moored Training Ship, $131,200,000;</text>
</paragraph><paragraph commented="no" display-inline="no-display-inline" id="id5BE8649DF556466C811A1BBA9AC02A86"><enum></enum><text display-inline="yes-display-inline">LCAC Service Life Extension Program,
$84,076,000;</text>
</paragraph><paragraph commented="no" display-inline="no-display-inline" id="id9565842B3A704618B35231C2FD2DF246"><enum></enum><text display-inline="yes-display-inline">Service Craft, $3,863,000; and</text>
</paragraph><paragraph commented="no" display-inline="no-display-inline" id="id10846A5B814A4342BE93919C7CA37C2B"><enum></enum><text display-inline="yes-display-inline">For outfitting, post delivery, conversions,
and first destination transportation, $270,639,000.</text>
</paragraph><paragraph commented="no" display-inline="no-display-inline" id="idEBDEF27B4BC34E2BB32037C42742BCB9"><enum></enum><text display-inline="yes-display-inline">Completion of Prior Year Shipbuilding
Programs, $73,992,000.</text>
</paragraph></appropriations-intermediate><appropriations-small commented="no" id="idE0BC2532BB5948FF807A713AB43AEB4C"><text display-inline="no-display-inline">In all: $14,919,114,000, to remain available
for obligation until September 30, 2016:
<proviso><italic>Provided</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, That none of the
funds provided under this heading shall be used for the construction of any
naval vessel in foreign shipyards.</text>
</appropriations-small><appropriations-intermediate commented="no" id="idBB9D6213C3DB447FA1720F49BEEBB464"><header display-inline="yes-display-inline">Other procurement,
navy</header>
</appropriations-intermediate><appropriations-small commented="no" id="id19C1F39CBE6E415DA87C19B4F573200F"><text display-inline="no-display-inline">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.</text>
</appropriations-small><appropriations-intermediate commented="no" id="idA600C471468748839B8BE4FDA50F9D1D"><header display-inline="yes-display-inline">Procurement, marine corps</header><text display-inline="no-display-inline">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.</text>
</appropriations-intermediate><appropriations-intermediate id="id94375E8C82C8415C8D8D9F093FEFFE7D"><header>Aircraft Procurement, Air
Force</header>
</appropriations-intermediate><appropriations-small id="idB1E558F51E3A4E518E8931F530345998"><header>(including transfer of
funds)</header><text display-inline="no-display-inline">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:
<proviso><italic>Provided</italic></proviso>, 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,
<quote>Acquisition, Construction, and Improvements</quote>:
<proviso><italic> Provided further,</italic></proviso> That the
transfer authority provided under this heading is in addition to any other
transfer authority provided elsewhere in this
Act.</text>
</appropriations-small><appropriations-intermediate commented="no" id="id624BF8A1B62941C684E1924110B1C8AF"><header display-inline="yes-display-inline">Missile procurement, air
force</header><text display-inline="no-display-inline">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.</text>
</appropriations-intermediate><appropriations-intermediate commented="no" id="idD78376BDA2AC45E38ADD406C2DDC8356"><header display-inline="yes-display-inline">Procurement of ammunition, air
force</header><text display-inline="no-display-inline">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.</text>
</appropriations-intermediate><appropriations-intermediate commented="no" id="id681AB05127BB499CBFAB9383F5B7F49F"><header display-inline="yes-display-inline">Other procurement, air
force</header>
</appropriations-intermediate><appropriations-small commented="no" id="idBA2AACFE04114A469EF2044FA9B620C6"><text display-inline="no-display-inline">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.</text>
</appropriations-small><appropriations-intermediate id="id194299A6D0D843C3876F9A82425A36A9"><header>Procurement,
Defense-Wide</header>
</appropriations-intermediate><appropriations-small id="id8CB997C4B4AC469987CFB8ADC2B6FDFA"><text display-inline="no-display-inline">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.</text>
</appropriations-small><appropriations-intermediate commented="no" id="idE03DC47E85E2439E9CE461BCC855FE2F"><header display-inline="yes-display-inline">Defense production act
purchases</header><text display-inline="no-display-inline">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.</text><pagebreak></pagebreak>
</appropriations-intermediate><enum>IV</enum><header display-inline="no-display-inline">Research, Development, Test and
Evaluation</header>
<appropriations-intermediate commented="no" id="id0A8563F2E97A4731B0241F5EB9EA3CD2"><header display-inline="yes-display-inline">Research, development, test and evaluation,
army</header><text display-inline="no-display-inline">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.</text>
</appropriations-intermediate><appropriations-intermediate commented="no" id="id8E6A95B8EA254C84BED555CF4DB4326C"><header display-inline="yes-display-inline">Research, development, test and evaluation,
navy</header><text display-inline="no-display-inline">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:
<proviso><italic>Provided</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, That funds
appropriated in this paragraph shall be available for the Cobra Judy
program.</text>
</appropriations-intermediate><appropriations-intermediate commented="no" id="id688862EB59374E26AB9C207337895CD4"><header display-inline="yes-display-inline">Research, development, test and evaluation,
air force</header><text display-inline="no-display-inline">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.</text>
</appropriations-intermediate><appropriations-intermediate id="idB2CDBE5856464A14A0B29EAD94014B27"><header>Research, Development, Test and
Evaluation, Defense-Wide</header>
</appropriations-intermediate><appropriations-small id="idAE3C4541BDA24B838B3A936B616AC553"><header>(including transfer of
funds)</header><text display-inline="no-display-inline">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:
<proviso><italic>Provided</italic></proviso>, 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:
<proviso><italic>Provided further</italic>,</proviso> 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:
<proviso><italic>Provided further</italic>,</proviso> That this
transfer authority is in addition to any other transfer authority available to
the Department of Defense:
<proviso><italic>Provided further</italic>,</proviso> 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.</text>
</appropriations-small><appropriations-intermediate commented="no" id="id09963F908C8D44A6AE893E6CE20EBA43"><header display-inline="yes-display-inline">Operational test and evaluation,
defense</header><text display-inline="no-display-inline">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.</text><pagebreak></pagebreak>
</appropriations-intermediate><enum>V</enum><header display-inline="no-display-inline">Revolving and Management Funds</header>
<appropriations-intermediate commented="no" id="id8F2ABFFBA9244991A57D7D353125634A"><header display-inline="yes-display-inline">Defense working capital funds</header><text display-inline="no-display-inline">For the Defense Working Capital Funds,
$1,575,010,000.</text>
</appropriations-intermediate><appropriations-intermediate id="idDC5282F9E02342CBAFCC187D586E2C70"><header>National Defense Sealift
Fund</header><text display-inline="no-display-inline">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:
<proviso><italic>Provided</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, 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.</text><pagebreak></pagebreak>
</appropriations-intermediate><enum>VI</enum><header display-inline="no-display-inline">Other Department of Defense
Programs</header>
<appropriations-intermediate commented="no" id="id0C81DB0476F84055B9DDFC30EE67D76A"><header display-inline="yes-display-inline">Defense health program</header><text display-inline="no-display-inline">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:
<proviso><italic>Provided</italic></proviso>, 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.</text>
</appropriations-intermediate><appropriations-intermediate commented="no" id="id3ED0AC3824DA406FAA293F3661643651"><header display-inline="yes-display-inline">Chemical agents and munitions destruction,
defense</header><text display-inline="no-display-inline">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.</text>
</appropriations-intermediate><appropriations-intermediate id="H603FB628782C4B09A8C16613C1DBF831"><header>Drug Interdiction and
Counter-Drug Activities, Defense</header>
</appropriations-intermediate><appropriations-small commented="no" id="HB0651637F7EA45D7969ED593672DD7AF"><header>(including transfer of
funds)</header><text display-inline="no-display-inline">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:
<proviso><italic>Provided</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, That the transfer
authority provided under this heading is in addition to any other transfer
authority contained elsewhere in this Act:
<proviso><italic>Provided further</italic></proviso>, 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.</text>
</appropriations-small><appropriations-intermediate commented="no" id="idC56CEF51609C44CC9B7DE0BDFC07755A"><header display-inline="yes-display-inline">Office of the inspector
general</header><text display-inline="no-display-inline">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.</text><pagebreak></pagebreak>
</appropriations-intermediate><enum>VII</enum><header display-inline="no-display-inline">Related agencies</header>
<appropriations-intermediate commented="no" id="id9F4E4D679B0E4144B8FB8CD4FB9BE213"><header display-inline="yes-display-inline">Central intelligence agency retirement and
disability system fund</header><text display-inline="no-display-inline">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.</text>
</appropriations-intermediate><appropriations-intermediate commented="no" id="idAD9BFF20BFAB4639B4BB0E61D2351D1B"><header display-inline="yes-display-inline">Intelligence community management
account</header><text display-inline="no-display-inline">For necessary expenses
of the Intelligence Community Management Account,
$547,891,000.</text><pagebreak></pagebreak>
</appropriations-intermediate><enum>VIII</enum><header display-inline="no-display-inline">General provisions</header>
<section commented="no" display-inline="no-display-inline" id="id6B336CADF96F4A82B2559924E905908C" section-type="subsequent-section"><enum>8001.</enum><text display-inline="yes-display-inline">No part of any appropriation contained in
this Act shall be used for publicity or propaganda purposes not authorized by
the Congress.</text>
</section><section commented="no" display-inline="no-display-inline" id="id4BC53AC0DE6A4853BA3699D855B9DDCF" section-type="subsequent-section"><enum>8002.</enum><text display-inline="yes-display-inline">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:
<proviso><italic>Provided</italic></proviso>, 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:
<proviso><italic>Provided further</italic>,</proviso> 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:
<proviso><italic>Provided further</italic></proviso>, That the
limitations of this provision shall not apply to foreign national employees of
the Department of Defense in the Republic of Turkey.</text>
</section><section commented="no" display-inline="no-display-inline" id="id19DC7B4BE09A45EA964998D1F4E0CE0A" section-type="subsequent-section"><enum>8003.</enum><text display-inline="yes-display-inline">No part of any appropriation contained in
this Act shall remain available for obligation beyond the current fiscal year,
unless expressly so provided herein.</text>
</section><section commented="no" display-inline="no-display-inline" id="id7239EFBF9B7D4394A2894FD6B09B6F80" section-type="subsequent-section"><enum>8004.</enum><text display-inline="yes-display-inline">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:
<proviso><italic>Provided</italic></proviso>, 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.</text>
<appropriations-small id="id8FE7F1AEF2B84C9E8C75CE235043F671"><header>(transfer of
funds)</header>
</appropriations-small></section><section commented="no" id="id574F74259E394041BAA7C466C57BCFEE"><enum>8005.</enum><text display-inline="yes-display-inline">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:
<proviso><italic>Provided</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, That a request
for multiple reprogrammings of funds using authority provided in this section
shall be made prior to June 30, 2012:
<proviso><italic>Provided further</italic></proviso>, 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.</text>
</section><section commented="no" display-inline="no-display-inline" id="id5E368F3C396B43CF829D70A8AE7E39B2" section-type="subsequent-section"><enum>8006.</enum><subsection commented="no" display-inline="yes-display-inline" id="id3E01D3A05EF14C6AB979D7D96F4C951B"><enum>(a)</enum><text display-inline="yes-display-inline">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 <quote>Explanation of Project Level
Adjustments</quote> in the explanatory statement described in section 4 (in the
matter preceding division A of this consolidated Act), the obligation and
expenditure of amounts appropriated or otherwise made available in this Act for
those programs, projects, and activities for which the amounts appropriated
exceed the amounts requested are hereby required by law to be carried out in
the manner provided by such tables to the same extent as if the tables were
included in the text of this Act.</text>
</subsection><subsection commented="no" display-inline="no-display-inline" id="idFCA8AF54FD624CAFA817C30B732EC0DF"><enum>(b)</enum><text display-inline="yes-display-inline">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:
<proviso><italic>Provided</italic></proviso>, That section 8005 shall
apply when transfers of the amounts described in subsection (a) occur between
appropriation accounts.</text>
</subsection></section><section commented="no" display-inline="no-display-inline" id="id22B23C834B2846EA97781CF5D3BB2990" section-type="subsequent-section"><enum>8007.</enum><subsection commented="no" display-inline="yes-display-inline" id="idE9EE8EF80CA04C8286BF40FFEE3220EC"><enum>(a)</enum><text display-inline="yes-display-inline">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:
<proviso><italic>Provided</italic></proviso>, That the report shall
include—</text>
<paragraph commented="no" display-inline="no-display-inline" id="id353F27DF4DC94F709724BDD0DD28419A"><enum>(1)</enum><text display-inline="yes-display-inline">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;</text>
</paragraph><paragraph commented="no" display-inline="no-display-inline" id="id94666291D97A4DE19C3DACF0B67793A7"><enum>(2)</enum><text display-inline="yes-display-inline">a delineation in the table for each
appropriation both by budget activity and program, project, and activity as
detailed in the Budget Appendix; and</text>
</paragraph><paragraph commented="no" display-inline="no-display-inline" id="id727B5D3368ED4458AE8B6CAC98012068"><enum>(3)</enum><text display-inline="yes-display-inline">an identification of items of special
congressional interest.</text>
</paragraph></subsection><subsection commented="no" display-inline="no-display-inline" id="id8D844F12BE384BCA9C2C161AAAA317C0"><enum>(b)</enum><text display-inline="yes-display-inline">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.</text>
</subsection></section><appropriations-small commented="no" id="id1F8CE48AA942403A8F987F03CEEC8D13"><header display-inline="yes-display-inline">(TRANSFER OF
FUNDS)</header>
</appropriations-small><section commented="no" display-inline="no-display-inline" id="id7FE94D119716464BB4D2D08BDCCE1837" section-type="subsequent-section"><enum>8008.</enum><text display-inline="yes-display-inline">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:
<proviso><italic>Provided</italic></proviso>, That transfers may be
made between such funds:
<proviso><italic>Provided further</italic></proviso>, That transfers
may be made between working capital funds and the <quote>Foreign Currency
Fluctuations, Defense</quote> appropriation and the <quote>Operation and
Maintenance</quote> 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.</text>
</section><section commented="no" display-inline="no-display-inline" id="idD38250F2C74B4AA4AB74CDD4B0BBDBB4" section-type="subsequent-section"><enum>8009.</enum><text display-inline="yes-display-inline">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.</text>
</section><section id="idD955F497779F4E62BAE954245680B8B3"><enum>8010.</enum><text display-inline="yes-display-inline">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:
<proviso><italic>Provided</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, That no
multiyear procurement contract can be terminated without 10-day prior
notification to the congressional defense committees:
<proviso><italic>Provided further</italic></proviso>, That the
execution of multiyear authority shall require the use of a present value
analysis to determine lowest cost compared to an annual procurement:
<proviso><italic>Provided further</italic></proviso>, 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—</text>
<paragraph id="idA14241ED6EC346569E633C7960A773CF"><enum>(1)</enum><text display-inline="yes-display-inline">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;</text>
</paragraph><paragraph id="id1B27DD61A8074039867C098AE48F90BA"><enum>(2)</enum><text display-inline="yes-display-inline">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;</text>
</paragraph><paragraph id="id974515204A6A48B5AE2A5308C4DDBFEE"><enum>(3)</enum><text>the contract
provides that payments to the contractor under the contract shall not be made
in advance of incurred costs on funded units; and</text>
</paragraph><paragraph id="id76897D7C33354E029506C79E0533AD8A"><enum>(4)</enum><text>the contract does
not provide for a price adjustment based on a failure to award a follow-on
contract.</text>
</paragraph></section><section id="id53D33CB53CE749369003E8C44432DD42" section-type="undesignated-section"><text display-inline="yes-display-inline">Funds appropriated in title III of this Act
may be used for a multiyear procurement contract as follows:</text>
</section><section id="id3642F76168434A89A5C80EE222564064" section-type="undesignated-section"><text display-inline="yes-display-inline">UH–60M/HH–60M and MH–60R/MH–60S Helicopter
Airframes; and MH–60R/S Mission Avionics and Common Cockpits.</text>
</section><section commented="no" display-inline="no-display-inline" id="idEE4161951D7F4E5FB60F2E2CCF6071CB" section-type="subsequent-section"><enum>8011.</enum><text display-inline="yes-display-inline">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:
<proviso><italic>Provided</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, 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.</text>
</section><section commented="no" display-inline="no-display-inline" id="idA44F8162D50246529EBAFD1174AC61E3" section-type="subsequent-section"><enum>8012.</enum><subsection commented="no" display-inline="yes-display-inline" id="id9BCB56B4CBF4427F9D3482EDF670304C"><enum>(a)</enum><text display-inline="yes-display-inline">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.</text>
</subsection><subsection commented="no" display-inline="no-display-inline" id="id699A31F9A2DA4F8585E12BA9C74CE161"><enum>(b)</enum><text display-inline="yes-display-inline">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.</text>
</subsection><subsection commented="no" display-inline="no-display-inline" id="id9234263D3ABA4143943CA51A0A9B8DAF"><enum>(c)</enum><text display-inline="yes-display-inline">Nothing in this section shall be construed
to apply to military (civilian) technicians.</text>
</subsection></section><section commented="no" display-inline="no-display-inline" id="idED9E98678E1E4D14BCFBBF1AC56459B0" section-type="subsequent-section"><enum>8013.</enum><text display-inline="yes-display-inline">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.</text>
</section><section commented="no" display-inline="no-display-inline" id="id34AF6B638F1B450BAE9F473FCCF91715" section-type="subsequent-section"><enum>8014.</enum><text display-inline="yes-display-inline">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:
<proviso><italic>Provided</italic></proviso>, That this section shall
not apply to those members who have reenlisted with this option prior to
October 1, 1987:
<proviso><italic>Provided further</italic></proviso>, That this
section applies only to active components of the Army.</text>
<appropriations-small commented="no" id="idD20BB39BEE3C4D91878D9604A250C31E"><header display-inline="yes-display-inline">(TRANSFER OF
FUNDS)</header>
</appropriations-small></section><section commented="no" display-inline="no-display-inline" id="id3A85A2A261AC45CE990E40A42682C4C8" section-type="subsequent-section"><enum>8015.</enum><text display-inline="yes-display-inline">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.</text>
</section><section commented="no" display-inline="no-display-inline" id="id71B5075B00BE472DBFD209731E8C796F" section-type="subsequent-section"><enum>8016.</enum><text display-inline="yes-display-inline">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:
<proviso><italic>Provided</italic></proviso>, That for the purpose of
this section, the term <term>manufactured</term> shall include cutting, heat
treating, quality control, testing of chain and welding (including the forging
and shot blasting process):
<proviso><italic>Provided further</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, 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.</text>
</section><section commented="no" display-inline="no-display-inline" id="id588BBB93C8354735AB445D4399DDF81B" section-type="subsequent-section"><enum>8017.</enum><text display-inline="yes-display-inline">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.</text>
</section><section commented="no" display-inline="no-display-inline" id="idFC9563351FBF4B8AB45F7B2B1E6D61D1" section-type="subsequent-section"><enum>8018.</enum><text display-inline="yes-display-inline">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:
<proviso><italic>Provided</italic></proviso>, 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.</text>
</section><section id="H3B3927B5739947FF89E97D580A0317C5"><enum>8019.</enum><text display-inline="yes-display-inline">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):
<proviso><italic>Provided</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, 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.</text>
</section><section commented="no" display-inline="no-display-inline" id="id6D4491B7AA8F44CEB0A7D1798F489208" section-type="subsequent-section"><enum>8020.</enum><text display-inline="yes-display-inline">Funds appropriated by this Act for the
Defense Media Activity shall not be used for any national or international
political or psychological activities.</text>
</section><section commented="no" display-inline="no-display-inline" id="idE3B0418737FA495EBD3F1625DA5C957C" section-type="subsequent-section"><enum>8021.</enum><text display-inline="yes-display-inline">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:
<proviso><italic>Provided</italic></proviso>, That upon receipt, such
contributions from the Government of Kuwait shall be credited to the
appropriations or fund which incurred such obligations.</text>
</section><section commented="no" display-inline="no-display-inline" id="id7B7A4EFA61164A50A820BCF43F2D7B01" section-type="subsequent-section"><enum>8022.</enum><subsection commented="no" display-inline="yes-display-inline" id="idB69AB333E736489ABF034465EA3CDFDA"><enum>(a)</enum><text display-inline="yes-display-inline">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—</text>
<paragraph commented="no" display-inline="no-display-inline" id="idDE5C19CC8A6A4C72A2EFEA766A22DA51"><enum>(1)</enum><text display-inline="yes-display-inline">$27,838,000 shall be available from
<quote>Operation and Maintenance, Air Force</quote> to support Civil Air Patrol
Corporation operation and maintenance, readiness, counterdrug activities, and
drug demand reduction activities involving youth programs;</text>
</paragraph><paragraph commented="no" display-inline="no-display-inline" id="idF262E0648637403E88D20A15683168AD"><enum>(2)</enum><text display-inline="yes-display-inline">$8,990,000 shall be available from
<quote>Aircraft Procurement, Air Force</quote>; and</text>
</paragraph><paragraph commented="no" display-inline="no-display-inline" id="id14C26F0ADDD94F879B2F250BAF135BE9"><enum>(3)</enum><text display-inline="yes-display-inline">$917,000 shall be available from
<quote>Other Procurement, Air Force</quote> for vehicle procurement.</text>
</paragraph></subsection><subsection commented="no" display-inline="no-display-inline" id="idEC94C4326268479B93C4507AB7D5E44B"><enum>(b)</enum><text display-inline="yes-display-inline">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.</text>
</subsection></section><section commented="no" display-inline="no-display-inline" id="idB909A641228044F0BB7D7B29341BFD09" section-type="subsequent-section"><enum>8023.</enum><subsection commented="no" display-inline="yes-display-inline" id="id088351994C1346078E1A479B71157FB6"><enum>(a)</enum><text display-inline="yes-display-inline">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.</text>
</subsection><subsection commented="no" display-inline="no-display-inline" id="id7C3C8825E4334E1EAA155E0932CE204E"><enum>(b)</enum><text display-inline="yes-display-inline">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:
<proviso><italic>Provided</italic></proviso>, 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.</text>
</subsection><subsection commented="no" display-inline="no-display-inline" id="idB16EA4F19ED645BFB98F9F846C74C734"><enum>(c)</enum><text display-inline="yes-display-inline">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.</text>
</subsection><subsection commented="no" display-inline="no-display-inline" id="id67B1EEE9C4AF43559945CB50F17AE965"><enum>(d)</enum><text display-inline="yes-display-inline">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:
<proviso><italic>Provided</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, That this
subsection shall not apply to staff years funded in the National Intelligence
Program (NIP) and the Military Intelligence Program (MIP).</text>
</subsection><subsection commented="no" display-inline="no-display-inline" id="idD7FC1C82DD574F8EBBF2BB8F71E57BBB"><enum>(e)</enum><text display-inline="yes-display-inline">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.</text>
</subsection><subsection commented="no" display-inline="no-display-inline" id="id918AA00B452D467B88D7D2EF8BEF3E50"><enum>(f)</enum><text display-inline="yes-display-inline">Notwithstanding any other provision of this
Act, the total amount appropriated in this Act for FFRDCs is hereby reduced by
$150,245,000.</text>
</subsection></section><section commented="no" display-inline="no-display-inline" id="id5F1C6442F28949209A455287CE8B2D97" section-type="subsequent-section"><enum>8024.</enum><text display-inline="yes-display-inline">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:
<proviso><italic>Provided</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, That these
restrictions shall not apply to contracts which are in being as of the date of
the enactment of this Act.</text>
</section><section commented="no" display-inline="no-display-inline" id="id1A64CB24C5154EC6B29D355BA3FBDDBB" section-type="subsequent-section"><enum>8025.</enum><text display-inline="yes-display-inline">For the purposes of this Act, the term
<term>congressional defense committees</term> 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.</text>
</section><section commented="no" display-inline="no-display-inline" id="idF24311A4590A41BFBEDAF8817DFE7936" section-type="subsequent-section"><enum>8026.</enum><text display-inline="yes-display-inline">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:
<proviso><italic>Provided</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, That Office of
Management and Budget Circular A–76 shall not apply to competitions conducted
under this section.</text>
</section><section commented="no" display-inline="no-display-inline" id="idBFAC8787D2E94EF1B2D9DEEC82B357D8" section-type="subsequent-section"><enum>8027.</enum><subsection commented="no" display-inline="yes-display-inline" id="id3952B40902A24F55857655CA0E5FA4AA"><enum>(a)</enum><paragraph commented="no" display-inline="yes-display-inline" id="id78C4C2ADDC63488C876BA1184CAF626F"><enum>(1)</enum><text display-inline="yes-display-inline">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.</text>
</paragraph><paragraph commented="no" display-inline="no-display-inline" id="id48ACBDED3EDB4E91A6265DA975A55E61" indent="up1"><enum>(2)</enum><text display-inline="yes-display-inline">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.</text>
</paragraph></subsection><subsection commented="no" display-inline="no-display-inline" id="idB57D1F318E594CBCB96FEDE9D8602A74"><enum>(b)</enum><text display-inline="yes-display-inline">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.</text>
</subsection><subsection commented="no" display-inline="no-display-inline" id="idB0B222790AAC483CA1A978062DA48B65"><enum>(c)</enum><text display-inline="yes-display-inline">For purposes of this section, the term
<term>Buy American Act</term> means chapter 83 of title 41, United States
Code.</text>
</subsection></section><section commented="no" display-inline="no-display-inline" id="id592C330D74084DA99877617B0593ECEB" section-type="subsequent-section"><enum>8028.</enum><text display-inline="yes-display-inline">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.</text>
</section><section id="id8CDE33F067D34110854A06ABC4D28E3D"><enum>8029.</enum><subsection commented="no" display-inline="yes-display-inline" id="id95E79706A2E441FC98B285BCB415E763"><enum>(a)</enum><text display-inline="yes-display-inline">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.</text>
</subsection><subsection id="id386FC78F96A8427EBC543E08C2B75DC1"><enum>(b)</enum><text display-inline="yes-display-inline">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.</text>
</subsection><subsection id="id3D3961A5C1514E49871AE2BF47223B7C"><enum>(c)</enum><text>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).</text>
</subsection><subsection id="id665E574B62FB4308B4AD4937AF987EA4"><enum>(d)</enum><text>In this section,
the term <term>Indian tribe</term> 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).</text>
</subsection></section><section commented="no" display-inline="no-display-inline" id="idA85F1F96976E46E7BA81E31BCDA0650A" section-type="subsequent-section"><enum>8030.</enum><text display-inline="yes-display-inline">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.</text>
</section><section commented="no" display-inline="no-display-inline" id="idA4F5F42A829A4355B80A8F522B26725B" section-type="subsequent-section"><enum>8031.</enum><subsection commented="no" display-inline="yes-display-inline" id="idEC9C964B519E490AB942C8E0D22DCECD"><enum>(a)</enum><text display-inline="yes-display-inline">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.</text>
</subsection><subsection commented="no" display-inline="no-display-inline" id="idEF82A2B38B934CAF85F4B11A8BE0A2E2"><enum>(b)</enum><text display-inline="yes-display-inline">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.</text>
</subsection></section><section commented="no" display-inline="no-display-inline" id="idD393B7D13468485F90E9C72DA64ADB76" section-type="subsequent-section"><enum>8032.</enum><text display-inline="yes-display-inline">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:
<proviso><italic>Provided</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, 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.</text>
</section><section commented="no" display-inline="no-display-inline" id="id18F995EE17C342E5B7D25751152DE5F4" section-type="subsequent-section"><enum>8033.</enum><text display-inline="yes-display-inline">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.</text>
</section><section commented="no" display-inline="no-display-inline" id="idCE0C208E2F8549F198EB894B6DF75B4D" section-type="subsequent-section"><enum>8034.</enum><text display-inline="yes-display-inline">Of the funds appropriated to the Department
of Defense under the heading <quote>Operation and Maintenance,
Defense-Wide</quote>, 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.</text>
</section><section commented="no" display-inline="no-display-inline" id="idA2751A77030F4E53A296A0794B04647E" section-type="subsequent-section"><enum>8035.</enum><subsection commented="no" display-inline="yes-display-inline" id="idDCCAB4CB5A764F8885C52D3E7AF93551"><enum>(a)</enum><text display-inline="yes-display-inline">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 <term>Buy American Act</term> means chapter 83 of title
41, United States Code.</text>
</subsection><subsection commented="no" display-inline="no-display-inline" id="idE8229718AB294B6BA1250EE98724CB92"><enum>(b)</enum><text display-inline="yes-display-inline">If the Secretary of Defense determines that
a person has been convicted of intentionally affixing a label bearing a
<quote>Made in America</quote> 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.</text>
</subsection><subsection commented="no" display-inline="no-display-inline" id="idD41B456DFFC54F9CA53EDE35BD4D0675"><enum>(c)</enum><text display-inline="yes-display-inline">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.</text>
</subsection></section><section commented="no" display-inline="no-display-inline" id="id983141EF2E394EA29656F8F655526B58" section-type="subsequent-section"><enum>8036.</enum><text display-inline="yes-display-inline">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—</text>
<paragraph commented="no" display-inline="no-display-inline" id="id62F5A06EDEF24116A8AACDDB31758D8F"><enum>(1)</enum><text display-inline="yes-display-inline">as a result of thorough technical
evaluation, only one source is found fully qualified to perform the proposed
work;</text>
</paragraph><paragraph commented="no" display-inline="no-display-inline" id="idAB304C99F734486F8B14FB0F2FA02B12"><enum>(2)</enum><text display-inline="yes-display-inline">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</text>
</paragraph><paragraph commented="no" display-inline="no-display-inline" id="id63B6D6AD2F0949EAAF77531F4E1DA91D"><enum>(3)</enum><text display-inline="yes-display-inline">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:
<proviso><italic>Provided</italic></proviso>, 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.</text>
</paragraph></section><section commented="no" display-inline="no-display-inline" id="id85CDF7C978B744F3AF9B974D3F9D0AAC" section-type="subsequent-section"><enum>8037.</enum><subsection commented="no" display-inline="yes-display-inline" id="id8C422B36056E4BC8B71020D10EAB3E9B"><enum>(a)</enum><text display-inline="yes-display-inline">Except as provided in subsections (b) and
(c), none of the funds made available by this Act may be used—</text>
<paragraph commented="no" display-inline="no-display-inline" id="id184482589DE64CC1BF92C472C265866A"><enum>(1)</enum><text display-inline="yes-display-inline">to establish a field operating agency;
or</text>
</paragraph><paragraph commented="no" display-inline="no-display-inline" id="idE65132E73887402F963706B8D5EBFAA3"><enum>(2)</enum><text display-inline="yes-display-inline">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.</text>
</paragraph></subsection><subsection commented="no" display-inline="no-display-inline" id="idA391E2A105C54CFCB44ABB35CA0F271E"><enum>(b)</enum><text display-inline="yes-display-inline">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.</text>
</subsection><subsection commented="no" display-inline="no-display-inline" id="id790C030D553445C5B20FBC74FFD6BD78"><enum>(c)</enum><text display-inline="yes-display-inline">This section does not apply to—</text>
<paragraph commented="no" display-inline="no-display-inline" id="id78B88C82851646099043CA1B5108DABA"><enum>(1)</enum><text display-inline="yes-display-inline">field operating agencies funded within the
National Intelligence Program;</text>
</paragraph><paragraph commented="no" display-inline="no-display-inline" id="idDAAF6B1C9D9F44739B9E2F809C777045"><enum>(2)</enum><text display-inline="yes-display-inline">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</text>
</paragraph><paragraph commented="no" display-inline="no-display-inline" id="id66000C1196D046FAAA26D679142D2797"><enum>(3)</enum><text display-inline="yes-display-inline">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.</text>
</paragraph></subsection></section><section commented="no" id="H19A43A4F0D1C4E669EF653FE115CB56D"><enum>8038.</enum><text display-inline="yes-display-inline">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 <quote>Operation and Maintenance, Defense-Wide</quote> to make grants
and supplement other Federal funds in accordance with the guidance provided in
the explanatory statement described in section 4 (in the matter preceding
division A of this consolidated Act).</text>
</section><section id="idBFE19B591EE04640A140A4D47DB270DD"><enum>8039.</enum><subsection commented="no" display-inline="yes-display-inline" id="idE00C7BF2C05248F3A562EA777F94EF5A"><enum>(a)</enum><text display-inline="yes-display-inline">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—</text>
<paragraph id="idF864F80594FA4D6F8DE3DD5A67CA155A"><enum>(1)</enum><text>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;</text>
</paragraph><paragraph id="idEF48BE086A36469BA35CFB21457E8AB9"><enum>(2)</enum><text>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—</text>
<subparagraph id="id550454A86A17476DBC73A13DE36C0715"><enum>(A)</enum><text>10 percent of the
most efficient organization's personnel-related costs for performance of that
activity or function by Federal employees; or</text>
</subparagraph><subparagraph id="id78B43BC0889E45A6967641AA4C87EBF7"><enum>(B)</enum><text>$10,000,000;
and</text>
</subparagraph></paragraph><paragraph id="id20F4CACABF9241B59B36F6FF6AB5B852"><enum>(3)</enum><text>the contractor
does not receive an advantage for a proposal that would reduce costs for the
Department of Defense by—</text>
<subparagraph id="id533FB64E908A4723998F352511D11CC5"><enum>(A)</enum><text>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</text>
</subparagraph><subparagraph id="id6CA2B6DC6B4C45519B491D7CCAA858CC"><enum>(B)</enum><text>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.</text>
</subparagraph></paragraph></subsection><subsection id="id5528013A7DED4C95A223575BFC4FF2C8"><enum>(b)</enum><paragraph commented="no" display-inline="yes-display-inline" id="id5651C5A4B5A742AC87CBF749B5A2B6D2"><enum>(1)</enum><text display-inline="yes-display-inline">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—</text>
<subparagraph id="idCD6BE3EEA3CA47C885154D1300C1868E"><enum>(A)</enum><text>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);</text>
</subparagraph><subparagraph id="id4C6BF1D1189A46249D7E6F2F80171D32"><enum>(B)</enum><text>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</text>
</subparagraph><subparagraph id="idD8F29D4997FD4DD288CC5F61EAFF0A46"><enum>(C)</enum><text>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)).</text>
</subparagraph></paragraph><paragraph id="id652282F5A80D43448DFC4C684681E341"><enum>(2)</enum><text>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.</text>
</paragraph></subsection><subsection commented="no" display-inline="no-display-inline" id="id745B1F8E36C6434FB1215D3A35EA3F6A"><enum>(c)</enum><text display-inline="yes-display-inline">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.</text>
</subsection></section><appropriations-small commented="no" id="id170083093B384E91AEE369CB1AE4468C"><header display-inline="yes-display-inline">(RESCISSIONS)</header>
</appropriations-small><section commented="no" display-inline="no-display-inline" id="id9E00123B02524C97939D7984E490DEFB" section-type="subsequent-section"><enum>8040.</enum><text display-inline="yes-display-inline">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:</text>
<paragraph commented="no" id="idAEE2BC0D433D4A52BE661EC337415BF6"><enum></enum><text display-inline="yes-display-inline"><quote>National Defense Sealift Fund,
2002/XXXX</quote>, $20,444,000;</text>
</paragraph><paragraph commented="no" id="id48668E79B8D94AB2AAFC24392B582518"><enum></enum><text display-inline="yes-display-inline"><quote>National Defense Sealift Fund,
2003/XXXX</quote>, $8,500,000;</text>
</paragraph><paragraph commented="no" id="id970A4F4DF82E4A5C8CD0AE076F4B5C12"><enum></enum><text display-inline="yes-display-inline"><quote>National Defense Sealift Fund,
2004/XXXX</quote>, $6,500,000;</text>
</paragraph><paragraph commented="no" id="id7E64EC4E2DA049689150E341109F76FC"><enum></enum><text display-inline="yes-display-inline"><quote>Aircraft Procurement, Army,
2010/2012</quote>, $5,100,000;</text>
</paragraph><paragraph commented="no" id="idC9F04AA319B44FFFA4C7E9E4F3459E80"><enum></enum><text display-inline="yes-display-inline"><quote>Procurement of Weapons and Tracked
Combat Vehicles, Army, 2010/2012</quote>, $4,353,000;</text>
</paragraph><paragraph commented="no" id="idD2627491327F475DBC66FB941A0E9D69"><enum></enum><text display-inline="yes-display-inline"><quote>Procurement of Ammunition, Army,
2010/2012</quote>, $21,674,000;</text>
</paragraph><paragraph commented="no" id="id459E636F378F4CBBA98C2F2A5AA5266E"><enum></enum><text display-inline="yes-display-inline"><quote>Other Procurement, Army,
2010/2012</quote>, $58,647,000;</text>
</paragraph><paragraph commented="no" id="idBE137815ECE94B2EB24E969E9C33A766"><enum></enum><text display-inline="yes-display-inline"><quote>Aircraft Procurement, Navy,
2010/2012</quote>, $90,000,000;</text>
</paragraph><paragraph commented="no" id="id2D438C06C603462DBED31D584B4D41F4"><enum></enum><text display-inline="yes-display-inline"><quote>Aircraft Procurement, Air Force,
2010/2012</quote>, $32,897,000;</text>
</paragraph><paragraph commented="no" id="id9546EC8AC3DF483E8CCC5CB0306CDDE9"><enum></enum><text display-inline="yes-display-inline"><quote>Missile Procurement, Air Force,
2010/2012</quote>, $3,889,000;</text>
</paragraph><paragraph commented="no" id="id20A5D9311D274604A9E23F72C013705C"><enum></enum><text display-inline="yes-display-inline"><quote>Other Procurement, Air Force,
2010/2012</quote>, $12,200,000;</text>
</paragraph><paragraph commented="no" id="id1EBCA769711F46DA89AE8E06753C14CE"><enum></enum><text display-inline="yes-display-inline"><quote>Procurement, Defense-Wide,
2010/2012</quote>, $716,000;</text>
</paragraph><paragraph commented="no" id="idC4FB2296A9734EA6A484942CA50C939E"><enum></enum><text display-inline="yes-display-inline"><quote>Aircraft Procurement, Army,
2011/2013</quote>, $21,500,000;</text>
</paragraph><paragraph commented="no" id="id40052CD6F9454C92887D3B0642E32727"><enum></enum><text display-inline="yes-display-inline"><quote>Missile Procurement, Army,
2011/2013</quote>, $99,800,000;</text>
</paragraph><paragraph commented="no" id="id3006BE2960BD4559ABA285BC3B3C89E3"><enum></enum><text display-inline="yes-display-inline"><quote>Procurement of Weapons and Tracked
Combat Vehicles, Army, 2011/2013</quote>, $18,834,000;</text>
</paragraph><paragraph commented="no" id="id3E798FA235C244BC820BF8393AAE6BD4"><enum></enum><text display-inline="yes-display-inline"><quote>Procurement of Ammunition, Army,
2011/2013</quote>, $15,000,000;</text>
</paragraph><paragraph commented="no" id="id680E12F88CE6470FA8904ECC895B8D77"><enum></enum><text display-inline="yes-display-inline"><quote>Other Procurement, Army,
2011/2013</quote>, $438,436,000;</text>
</paragraph><paragraph commented="no" id="id6C2F46D008C44D8B892684C26032D3AC"><enum></enum><text display-inline="yes-display-inline"><quote>Aircraft Procurement, Navy,
2011/2013</quote>, $78,000,000;</text>
</paragraph><paragraph commented="no" id="id112297B7BD3742E9A4F09BADEE899935"><enum></enum><text display-inline="yes-display-inline"><quote>Weapons Procurement, Navy,
2011/2013</quote>, $34,276,000;</text>
</paragraph><paragraph commented="no" id="id0BA3ADF2C3664DD397FDB8760667B9A4"><enum></enum><text display-inline="yes-display-inline"><quote>Procurement of Ammunition, Navy and
Marine Corps, 2011/2013</quote>, $28,262,000;</text>
</paragraph><paragraph commented="no" id="idD288D4CA35304DC6BD85220AEA64ABBF"><enum></enum><text display-inline="yes-display-inline"><quote>Other Procurement, Navy,
2011/2013</quote>, $59,598,000;</text>
</paragraph><paragraph commented="no" id="id8E7DAC1790064805B18DBBC335CA8D2C"><enum></enum><text display-inline="yes-display-inline">Under the heading, <quote>Shipbuilding and
Conversion, Navy, 2011/2015</quote>: Littoral Combat Ship Advance Procurement:
$110,351,000;</text>
</paragraph><paragraph commented="no" id="id4D361494E66C4084BB139C834E6BB179"><enum></enum><text display-inline="yes-display-inline"><quote>Aircraft Procurement, Air Force,
2011/2013</quote>, $220,213,000;</text>
</paragraph><paragraph commented="no" id="id698CC4B9257E42E6BAB07CF82374CBBB"><enum></enum><text display-inline="yes-display-inline"><quote>Missile Procurement, Air Force,
2011/2013</quote>, $193,900,000;</text>
</paragraph><paragraph commented="no" id="id2AB14EB39D874653A6000067FCDD9EB3"><enum></enum><text display-inline="yes-display-inline"><quote>Other Procurement, Air Force,
2011/2013</quote>, $52,868,000;</text>
</paragraph><paragraph commented="no" id="idB5DF2F73DA624BD993CA53F79F8B5563"><enum></enum><text display-inline="yes-display-inline"><quote>Procurement, Defense-Wide,
2011/2013</quote>, $4,312,000;</text>
</paragraph><paragraph commented="no" id="id7020881206364F3184F120F136C3E96A"><enum></enum><text display-inline="yes-display-inline"><quote>Research, Development, Test and
Evaluation, Army, 2011/2012</quote>, $356,625,000;</text>
</paragraph><paragraph commented="no" id="id5541FD493F0B4F2BBD5CAEAC74987FF8"><enum></enum><text display-inline="yes-display-inline"><quote>Research, Development, Test and
Evaluation, Navy, 2011/2012</quote>, $65,687,000;</text>
</paragraph><paragraph commented="no" id="id35356252D6F9472CBB3B0B281AACAF11"><enum></enum><text display-inline="yes-display-inline"><quote>Research, Development, Test and
Evaluation, Air Force, 2011/2012</quote>, $258,094,000;</text>
</paragraph><paragraph commented="no" id="idEC7B88061F754EA6B89C9A6AD9DD1CFD"><enum></enum><text display-inline="yes-display-inline"><quote>Research, Development, Test and
Evaluation, Defense-Wide, 2011/2012</quote>, $254,284,000;</text>
</paragraph><paragraph commented="no" id="idFF33F516EC8643E78A8B178CC6FD48AA"><enum></enum><text display-inline="yes-display-inline"><quote>Defense Health Program,
2011/2012</quote>, $257,000:</text>
</paragraph><paragraph commented="no" id="id77B816D4E01C41F6BE49CA53B4F00433"><enum></enum><text display-inline="yes-display-inline"><proviso><italic>Provided</italic></proviso>,
That the funds rescinded from the National Defense Sealift accounts are those
described under the heading <quote>National Defense Sealift Fund</quote> 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.</text>
</paragraph></section><section commented="no" display-inline="no-display-inline" id="idB4D36621E64C4E1EB31CB773B1B25AD3" section-type="subsequent-section"><enum>8041.</enum><text display-inline="yes-display-inline">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.</text>
</section><section commented="no" display-inline="no-display-inline" id="id86E3CA86299647F7B4FA6EC64F8E5204" section-type="subsequent-section"><enum>8042.</enum><text display-inline="yes-display-inline">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.</text>
</section><section commented="no" display-inline="no-display-inline" id="id4C7EC91CC9224FC2A75F4F6C608A4BBA" section-type="subsequent-section"><enum>8043.</enum><text display-inline="yes-display-inline">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:
<proviso><italic>Provided</italic></proviso>, That nothing in this
section authorizes deviation from established Reserve and National Guard
personnel and training procedures.</text>
</section><section commented="no" display-inline="no-display-inline" id="idF1ECA33D0C244153A1D39F61451E0ABF" section-type="subsequent-section"><enum>8044.</enum><text display-inline="yes-display-inline">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:
<proviso><italic>Provided</italic></proviso>, 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.</text>
</section><section commented="no" display-inline="no-display-inline" id="id17DEA82BEBC64023934AA41FEAA57C6E" section-type="subsequent-section"><enum>8045.</enum><subsection commented="no" display-inline="yes-display-inline" id="idBFEF7107930741F4B98386C646922B21"><enum>(a)</enum><text display-inline="yes-display-inline">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.</text>
</subsection><subsection commented="no" display-inline="no-display-inline" id="id275B92BF967641488C88BE7F456F5D3F"><enum>(b)</enum><text display-inline="yes-display-inline">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.</text>
</subsection></section><section commented="no" display-inline="no-display-inline" id="id892D08A1777945D590F1F32AFECEBB6B" section-type="subsequent-section"><enum>8046.</enum><text display-inline="yes-display-inline">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:
<proviso><italic>Provided</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, That this
restriction shall not apply to the purchase of <quote>commercial items</quote>,
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.</text>
</section><section commented="no" display-inline="no-display-inline" id="idA055E142979B435680B78F536922AC75" section-type="subsequent-section"><enum>8047.</enum><text display-inline="yes-display-inline">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.</text>
</section><section commented="no" display-inline="no-display-inline" id="idEE3115AF3ADE44AA96E2198F4D8A8E38" section-type="subsequent-section"><enum>8048.</enum><text display-inline="yes-display-inline">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:
<proviso><italic>Provided</italic></proviso>, 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.</text>
</section><section commented="no" display-inline="no-display-inline" id="idD225CB022223431581D908F5FAF322AB" section-type="subsequent-section"><enum>8049.</enum><subsection commented="no" display-inline="yes-display-inline" id="id93B533EEDDA144E0B7FC681C6D8CB4A4"><enum>(a)</enum><text display-inline="yes-display-inline">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.</text>
</subsection><subsection commented="no" display-inline="no-display-inline" id="id3073D53738C9410DB0EC3768C15ED354"><enum>(b)</enum><text display-inline="yes-display-inline">This section applies to—</text>
<paragraph commented="no" display-inline="no-display-inline" id="id93F44E12EDA742788A5D622979AD733D"><enum>(1)</enum><text display-inline="yes-display-inline">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</text>
</paragraph><paragraph commented="no" display-inline="no-display-inline" id="id4C14103723AE4273A82C87D229C3A78D"><enum>(2)</enum><text display-inline="yes-display-inline">any other international peacekeeping,
peace-enforcement, or humanitarian assistance operation.</text>
</paragraph></subsection><subsection commented="no" display-inline="no-display-inline" id="id622FC678740A4FCF9D44B1F296424A52"><enum>(c)</enum><text display-inline="yes-display-inline">A notice under subsection (a) shall include
the following:</text>
<paragraph commented="no" display-inline="no-display-inline" id="id58FA9872116F43AAAD5AAC8D0AC81947"><enum>(1)</enum><text display-inline="yes-display-inline">A description of the equipment, supplies,
or services to be transferred.</text>
</paragraph><paragraph commented="no" display-inline="no-display-inline" id="id7C682EC10A9A460A87E0697706FB6504"><enum>(2)</enum><text display-inline="yes-display-inline">A statement of the value of the equipment,
supplies, or services to be transferred.</text>
</paragraph><paragraph commented="no" display-inline="no-display-inline" id="idBE25A201A8324FA781A58AD453EC0CDF"><enum>(3)</enum><text display-inline="yes-display-inline">In the case of a proposed transfer of
equipment or supplies—</text>
<subparagraph commented="no" display-inline="no-display-inline" id="id6935AFF70C94460D989F5992C80E6FFC"><enum>(A)</enum><text display-inline="yes-display-inline">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</text>
</subparagraph><subparagraph commented="no" display-inline="no-display-inline" id="idF616B434C579406C8CE2139A37A21931"><enum>(B)</enum><text display-inline="yes-display-inline">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.</text>
</subparagraph></paragraph></subsection></section><section commented="no" display-inline="no-display-inline" id="id6FA77C5B06C547DD8B888E1B7653E194" section-type="subsequent-section"><enum>8050.</enum><text display-inline="yes-display-inline">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—</text>
<paragraph commented="no" display-inline="no-display-inline" id="id3D7A1080346846A9B5D913348A1B7B56"><enum>(1)</enum><text display-inline="yes-display-inline">such costs are for a bonus or otherwise in
excess of the normal salary paid by the contractor to the employee; and</text>
</paragraph><paragraph commented="no" display-inline="no-display-inline" id="id6E06F403730A4EEC98C09952FAF49CC9"><enum>(2)</enum><text display-inline="yes-display-inline">such bonus is part of restructuring costs
associated with a business combination.</text>
</paragraph></section><appropriations-small commented="no" id="id873B68BE67D541D0A679D799C24D8B9F"><header display-inline="yes-display-inline">(INCLUDING TRANSFER OF
FUNDS)</header>
</appropriations-small><section commented="no" display-inline="no-display-inline" id="id5EDE94761B104314835D5DBE7DB71773" section-type="subsequent-section"><enum>8051.</enum><text display-inline="yes-display-inline">During the current fiscal year, no more
than $30,000,000 of appropriations made in this Act under the heading
<quote>Operation and Maintenance, Defense-Wide</quote> 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.</text>
</section><section commented="no" display-inline="no-display-inline" id="id9B9106F0B56741A0A3206D9660002F04" section-type="subsequent-section"><enum>8052.</enum><text display-inline="yes-display-inline">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—</text>
<paragraph commented="no" display-inline="no-display-inline" id="idBF0970D9E17845969909108185D03ABC"><enum>(1)</enum><text display-inline="yes-display-inline">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;</text>
</paragraph><paragraph commented="no" display-inline="no-display-inline" id="id84EFC85B0C1148F086E6570BBB7CFADB"><enum>(2)</enum><text display-inline="yes-display-inline">the obligation is not otherwise properly
chargeable to any current appropriation account of the Department of Defense;
and</text>
</paragraph><paragraph commented="no" display-inline="no-display-inline" id="id197738B6CB8D469DB8B4193D4DAFA463"><enum>(3)</enum><text display-inline="yes-display-inline">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):
<proviso><italic>Provided</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, 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.</text>
</paragraph></section><section commented="no" display-inline="no-display-inline" id="id2225BD1F3FE94643B569EAA423B3EBCB" section-type="subsequent-section"><enum>8053.</enum><subsection commented="no" display-inline="yes-display-inline" id="id72591BF6EDB347868B754058B7D9FDC7"><enum>(a)</enum><text display-inline="yes-display-inline">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.</text>
</subsection><subsection commented="no" display-inline="no-display-inline" id="id4E6E0EAE0E724FF7A4D2E321A5E27D66"><enum>(b)</enum><text display-inline="yes-display-inline">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.</text>
</subsection></section><section commented="no" display-inline="no-display-inline" id="id20D8217594A44B1B9704483B92C23D25" section-type="subsequent-section"><enum>8054.</enum><text display-inline="yes-display-inline">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:
<proviso><italic>Provided</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, 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.</text>
</section><section commented="no" display-inline="no-display-inline" id="idAEAF8F648DFD44789319A897BEBAC048" section-type="subsequent-section"><enum>8055.</enum><text display-inline="yes-display-inline">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:
<proviso><italic>Provided</italic></proviso>, That this restriction
does not apply to end-items used in development, prototyping, and test
activities preceding and leading to acceptance for operational use:
<proviso><italic>Provided further</italic></proviso>, That this
restriction does not apply to programs funded within the National Intelligence
Program:
<proviso><italic>Provided further</italic></proviso>, 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.</text>
</section><section commented="no" display-inline="no-display-inline" id="id20CD5AD0E4CD41CD96FC9B9B13F86228" section-type="subsequent-section"><enum>8056.</enum><text display-inline="yes-display-inline">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:
<proviso><italic>Provided</italic></proviso>, 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.</text>
</section><section commented="no" display-inline="no-display-inline" id="idA9E57116CEF84804A2654AA1080B3C5E" section-type="subsequent-section"><enum>8057.</enum><subsection commented="no" display-inline="yes-display-inline" id="id88A360DEACA64BCF9105EBEAAA86CE15"><enum>(a)</enum><text display-inline="yes-display-inline">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.</text>
</subsection><subsection commented="no" display-inline="no-display-inline" id="idEE9A41E8A71147B386F203D55E1B5BDB"><enum>(b)</enum><text display-inline="yes-display-inline">Subsection (a) applies with respect
to—</text>
<paragraph commented="no" display-inline="no-display-inline" id="id1E3ADC7C155347B5BD888F3DBC4C2274"><enum>(1)</enum><text display-inline="yes-display-inline">contracts and subcontracts entered into on
or after the date of the enactment of this Act; and</text>
</paragraph><paragraph commented="no" display-inline="no-display-inline" id="id155D195B4EB44CFA93F7D8133893F343"><enum>(2)</enum><text display-inline="yes-display-inline">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).</text>
</paragraph></subsection><subsection commented="no" display-inline="no-display-inline" id="idBFCCEFDD7CC74FA896AA3353BCE09A94"><enum>(c)</enum><text display-inline="yes-display-inline">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.</text>
</subsection></section><section id="idCD43D06F733E4CDD895D1C84A109B7EB"><enum>8058.</enum><subsection commented="no" display-inline="yes-display-inline" id="id86047C6F5F024A549028F204D6278FD0"><enum>(a)</enum><text display-inline="yes-display-inline">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.</text>
</subsection><subsection id="id3D04B2B55D12480AAB5C78CCB7080410"><enum>(b)</enum><text display-inline="yes-display-inline">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.</text>
</subsection><subsection id="id17AAD500FB3049118C032299768A4AB2"><enum>(c)</enum><text display-inline="yes-display-inline">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.</text>
</subsection><subsection id="id43A1760B8C4C48508891B762C43C7FB8"><enum>(d)</enum><text display-inline="yes-display-inline">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.</text>
</subsection></section><section commented="no" display-inline="no-display-inline" id="HF2B56D1BDE6B405B934E492E8BE5178B" section-type="subsequent-section"><enum>8059.</enum><text display-inline="yes-display-inline">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.</text>
</section><section commented="no" display-inline="no-display-inline" id="idC79AFBF110B845A297DD24B5CEA23E4C" section-type="subsequent-section"><enum>8060.</enum><text display-inline="yes-display-inline">Notwithstanding any other provision of law,
funds appropriated in this Act under the heading <quote>Research, Development,
Test and Evaluation, Defense-Wide</quote> 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:
<proviso><italic>Provided</italic></proviso>, 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.</text>
</section><section commented="no" display-inline="no-display-inline" id="id6612747499874F20A48FD23522AE8D43" section-type="subsequent-section"><enum>8061.</enum><text display-inline="yes-display-inline">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.</text>
</section><section commented="no" display-inline="no-display-inline" id="id9173E95652E4489D86E0E53957048916" section-type="subsequent-section"><enum>8062.</enum><text display-inline="yes-display-inline">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:
<proviso><italic>Provided</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, 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.</text>
</section><section commented="no" display-inline="no-display-inline" id="id9292F2F3F64D4C48AFA8D803828B802A" section-type="subsequent-section"><enum>8063.</enum><text display-inline="yes-display-inline">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.</text>
</section><section commented="no" display-inline="no-display-inline" id="idFD28487718F3443093351C4F2BF6D54E" section-type="subsequent-section"><enum>8064.</enum><text display-inline="yes-display-inline">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 <quote>armor penetrator</quote>,
<quote>armor piercing (AP)</quote>, <quote>armor piercing incendiary
(API)</quote>, or <quote>armor-piercing incendiary tracer (API–T)</quote>,
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.</text>
</section><section commented="no" display-inline="no-display-inline" id="idC49DE9FD228C435CB1F5036B0FACC18F" section-type="subsequent-section"><enum>8065.</enum><text display-inline="yes-display-inline">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.</text>
</section><section commented="no" display-inline="no-display-inline" id="id85A848DD14D349E387C61E73B0B2AF09" section-type="subsequent-section"><enum>8066.</enum><text display-inline="yes-display-inline">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:
<proviso><italic>Provided</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, 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.</text>
<appropriations-small id="id560580D61E44450B8D6F0E429A08903D"><header>(INCLUDING TRANSFER OF
FUNDS)</header>
</appropriations-small></section><section commented="no" display-inline="no-display-inline" id="idAC8697B705A9401EB1FA09E670DE6D55" section-type="subsequent-section"><enum>8067.</enum><text display-inline="yes-display-inline">Of the amounts appropriated in this Act
under the heading <quote>Operation and Maintenance, Army</quote>, $124,493,000
shall remain available until expended:
<proviso><italic>Provided</italic></proviso>, That notwithstanding
any other provision of law, the Secretary of Defense is authorized to transfer
such funds to other activities of the Federal Government:
<proviso><italic>Provided further</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, That contracts
entered into under the authority of this section may provide for such
indemnification as the Secretary determines to be necessary:
<proviso><italic>Provided further</italic></proviso>, 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.</text>
</section><section commented="no" display-inline="no-display-inline" id="id3F88C69DA5574D05B7230A98752A5006" section-type="subsequent-section"><enum>8068.</enum><text display-inline="yes-display-inline">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.</text>
</section><section id="H7260A5B8E226471B9180546FF9CB39E1"><enum>8069.</enum><text display-inline="yes-display-inline">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:
<proviso><italic>Provided</italic></proviso>, 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.</text>
</section><section id="id05BBE3BBF24E45D297524510684FBA9C"><enum>8070.</enum><subsection commented="no" display-inline="yes-display-inline" id="idE174BA81F6A440E892D49F271730F127"><enum>(a)</enum><header>In
general</header><text display-inline="yes-display-inline">Subchapter I of
chapter 88 of title 10, United States Code, is amended by adding the following
new section at its end—</text>
<quoted-block display-inline="no-display-inline" id="idC5D2997107C74927806F1E3C01A4F67A" style="USC">
<section id="id1488F7583F1E4B18A0C7398AEA4A7E1A"><enum>1790. MILITARY
PERSONNEL CITIZENSHIP PROCESSING.</enum>
<subsection id="id6EE88F7A12B54333B042BACCC8508D49"><enum></enum><header>Authorization of
payments</header><text display-inline="yes-display-inline">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. §§ 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. § 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.</text>
</subsection></section><after-quoted-block>.</after-quoted-block></quoted-block>
</subsection><subsection id="id1CADA2CB781D4E22975A1BC0E66D04FA"><enum>(b)</enum><header>Clerical
amendment</header><text display-inline="yes-display-inline">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:</text>
<quoted-block display-inline="no-display-inline" id="idEBF434CCB9264C9EA6EC26F5A6B934BC" style="appropriations">
<toc>
<toc-entry bold="off" level="section">1790. Military personnel
citizenship
processing.</toc-entry>
</toc>
<after-quoted-block>.</after-quoted-block></quoted-block>
</subsection></section><appropriations-small commented="no" id="id3F89B38791354129AD9337C128C0889E"><header display-inline="yes-display-inline">(INCLUDING TRANSFER OF
FUNDS)</header>
</appropriations-small><section commented="no" display-inline="no-display-inline" id="id9618725E4D4A477F9652D301E98476B4" section-type="subsequent-section"><enum>8071.</enum><text display-inline="yes-display-inline">Of the amounts appropriated in this Act
under the heading <quote>Research, Development, Test and Evaluation,
Defense-Wide</quote>, $235,700,000 shall be for the Israeli Cooperative
Programs:
<proviso><italic>Provided</italic>,</proviso> 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:
<proviso><italic>Provided further</italic>,</proviso> 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:
<proviso><italic>Provided further</italic>,</proviso> That the
transfer authority provided under this provision is in addition to any other
transfer authority contained in this Act.</text>
</section><section commented="no" display-inline="no-display-inline" id="idDC8648AE81184F2683F23F0276618698" section-type="subsequent-section"><enum>8072.</enum><subsection commented="no" display-inline="yes-display-inline" id="id5ECC17DC85234FDC89528EE17DDC063F"><enum>(a)</enum><text display-inline="yes-display-inline">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.</text>
</subsection><subsection commented="no" display-inline="no-display-inline" id="idC269E7A9D5D04ACF88E7F3DE9FF7894B"><enum>(b)</enum><text display-inline="yes-display-inline">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.</text>
</subsection><subsection commented="no" display-inline="no-display-inline" id="idFDFF048377734B49AC5E7E2AF3B4F4B9"><enum>(c)</enum><text display-inline="yes-display-inline">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.</text>
</subsection></section><appropriations-small id="idE0520200363341C5ADEEB6ABE2081B59"><header>(including transfer of
funds)</header>
</appropriations-small><section id="id89E5A07DF28B47BC9B7108B19BC4AD20"><enum>8073.</enum><text display-inline="yes-display-inline">Of the amounts appropriated in this Act
under the heading <quote>Shipbuilding and Conversion, Navy</quote>, $73,992,000
shall be available until September 30, 2012, to fund prior year shipbuilding
cost increases:
<proviso><italic>Provided</italic>,</proviso> That upon enactment of
this Act, the Secretary of the Navy shall transfer funds to the following
appropriations in the amounts specified:
<proviso><italic>Provided further</italic>,</proviso> That the
amounts transferred shall be merged with and be available for the same purposes
as the appropriations to which transferred to:</text>
<paragraph id="id032740FB9EEE460B8BA53C3613F016A0"><enum>(1)</enum><text display-inline="yes-display-inline">Under the heading <quote>Shipbuilding and
Conversion, Navy, 2005/2012</quote>: LPD–17 Amphibious Transport Dock Program
$18,627,000;</text>
</paragraph><paragraph id="id568F4E89AF5A4A54A7F00D7C23C8B0A4"><enum>(2)</enum><text display-inline="yes-display-inline">Under the heading <quote>Shipbuilding and
Conversion, Navy, 2006/2012</quote>: LPD–17 Amphibious Transport Dock Program
$23,437,000; and</text>
</paragraph><paragraph id="id2B15CF419BF443AC916ECBFE0AC9CEE3"><enum>(3)</enum><text display-inline="yes-display-inline">Under the heading <quote>Shipbuilding and
Conversion, Navy, 2008/2012</quote>: LPD–17 Amphibious Transport Dock Program
$31,928,000.</text>
</paragraph></section><appropriations-small id="idAC1D8A31C1124A008341BA686D549B71"><header>(including transfer of
funds)</header>
</appropriations-small><section id="idAF4A16C782BF4383B2404B40E5E34ADE"><enum>8074.</enum><subsection commented="no" display-inline="yes-display-inline" id="idAB16B2CF5925415EBABB4B30A661150C"><enum>(a)</enum><text display-inline="yes-display-inline">Of the amounts appropriated in title IV of
this Act under the heading <quote>Research, Development, Test and Evaluation,
Army</quote>, for Budget Activities 4, 5 and 7, $50,000,000 shall be
transferred to Program Element 0605601A:
<proviso><italic>Provided</italic>,</proviso> 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:
<proviso><italic>Provided further</italic>,</proviso> That the
transfer authority provided under this provision is in addition to any other
transfer authority contained in this Act.</text>
</subsection><subsection id="id8BCC91D942564E6FBA82EA900592CFDD"><enum>(b)</enum><text display-inline="yes-display-inline">Of the amounts appropriated in title IV of
this Act under the heading <quote>Research, Development, Test and Evaluation,
Air Force</quote>, for Budget Activities 4, 5 and 7, $34,000,000 shall be
transferred to Program Element 0605807F:
<proviso><italic>Provided</italic>,</proviso> 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:
<proviso><italic>Provided further</italic>,</proviso> That the
transfer authority provided under this provision is in addition to any other
transfer authority contained in this Act.</text>
</subsection></section><section commented="no" display-inline="no-display-inline" id="id0F0C6CE4653444BF861D319961B816FC" section-type="subsequent-section"><enum>8075.</enum><text display-inline="yes-display-inline">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.</text>
</section><section commented="no" display-inline="no-display-inline" id="idE2925468D8114F64893161E385A3F4CD" section-type="subsequent-section"><enum>8076.</enum><text display-inline="yes-display-inline">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.</text>
</section><section commented="no" display-inline="no-display-inline" id="idEED296E2BB624BDF9413698ED0CDA0A6" section-type="subsequent-section"><enum>8077.</enum><text display-inline="yes-display-inline">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:
<proviso><italic>Provided</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, 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.</text>
</section><section commented="no" display-inline="no-display-inline" id="H86D8FBC11EE745C79358DB31B2138D24" section-type="subsequent-section"><enum>8078.</enum><text display-inline="yes-display-inline">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.</text>
<appropriations-small id="H1C6117EBCAED44AEBD0730BDA533D8FB"><header>(including transfer of
funds)</header>
</appropriations-small></section><section commented="no" display-inline="no-display-inline" id="H70A1B79986B74BB49A0C7ADCF30C8489" section-type="subsequent-section"><enum>8079.</enum><text display-inline="yes-display-inline">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:
<proviso><italic>Provided</italic></proviso>, 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.</text>
</section><section commented="no" display-inline="no-display-inline" id="idA4F9F625F6374B0588CB3CD8D807E73E" section-type="subsequent-section"><enum>8080.</enum><text display-inline="yes-display-inline">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:
<proviso><italic>Provided</italic></proviso>, 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.</text>
</section><section commented="no" display-inline="no-display-inline" id="id237BB20D64A94D5BB3C58DEAE879BD93" section-type="subsequent-section"><enum>8081.</enum><text display-inline="yes-display-inline">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:
<proviso><italic>Provided</italic></proviso>, 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.</text>
</section><section commented="no" display-inline="no-display-inline" id="id428FE724F78647798B2A8BEFF98E7E23" section-type="subsequent-section"><enum>8082.</enum><subsection commented="no" display-inline="yes-display-inline" id="idEE5409D2CF5F4AE5B832D565BC93B022"><enum>(a)</enum><text display-inline="yes-display-inline">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.</text>
</subsection><subsection commented="no" display-inline="no-display-inline" id="idBED5CCFC03A9453DAF4A13DC71658EC5"><enum>(b)</enum><text display-inline="yes-display-inline">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.</text>
</subsection></section><appropriations-small commented="no" id="idEC28E44D6EAC4FF499EF61CF6E3458C3"><header display-inline="yes-display-inline">(INCLUDING TRANSFER OF
FUNDS)</header>
</appropriations-small><section commented="no" display-inline="no-display-inline" id="id67D55164E8944DE294BBC1B0853F7835" section-type="subsequent-section"><enum>8083.</enum><text display-inline="yes-display-inline">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:
<proviso><italic>Provided</italic></proviso>, That the Secretary may
transfer not to exceed $100,000,000 under the authority provided by this
section:
<proviso><italic>Provided further</italic></proviso>, 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:
<proviso><italic>Provided further</italic>,</proviso> That any funds
transferred pursuant to this section shall retain the same period of
availability as when originally appropriated:
<proviso><italic>Provided further</italic></proviso>, That the
transfer authority provided by this section is in addition to any other
transfer authority contained elsewhere in this Act.</text>
</section><section commented="no" display-inline="no-display-inline" id="id4BB510ABCF2B441A959F2D692E28E814" section-type="subsequent-section"><enum>8084.</enum><text display-inline="yes-display-inline">For purposes of section 7108 of title 41,
United States Code, any subdivision of appropriations made under the heading
<quote>Shipbuilding and Conversion, Navy</quote> 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
<quote>Shipbuilding and Conversion, Navy</quote> appropriations in the current
fiscal year or any prior fiscal year.</text>
</section><section commented="no" display-inline="no-display-inline" id="id939A1E2DC9BA4F43BBDC78130BF38599" section-type="subsequent-section"><enum>8085.</enum><subsection commented="no" display-inline="yes-display-inline" id="id9590CE3407054ED1A691BBD4284AFA13"><enum>(a)</enum><text display-inline="yes-display-inline">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.</text>
</subsection><subsection commented="no" display-inline="no-display-inline" id="id21918A2AFA5540B38955DA426DEA8092"><enum>(b)</enum><text display-inline="yes-display-inline">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.</text>
</subsection></section><section commented="no" display-inline="no-display-inline" id="id65CD774F06CC4ADF8FC5953EA4B22799" section-type="subsequent-section"><enum>8086.</enum><text display-inline="yes-display-inline">Up to $15,000,000 of the funds appropriated
under the heading <quote>Operation and Maintenance, Navy</quote> 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:
<proviso><italic>Provided</italic></proviso>, That funds made
available for this purpose may be used, notwithstanding any other funding
authorities for humanitarian assistance, security assistance or combined
exercise expenses:
<proviso><italic>Provided further</italic></proviso>, 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.</text>
</section><section commented="no" display-inline="no-display-inline" id="id02BA078B07D0485B8193494C43546663" section-type="subsequent-section"><enum>8087.</enum><text display-inline="yes-display-inline">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.</text>
</section><section commented="no" display-inline="no-display-inline" id="id737ECE6A6A1F4507AEDEB6E10F0BC4DE" section-type="subsequent-section"><enum>8088.</enum><text display-inline="yes-display-inline">For purposes of section 1553(b) of title
31, United States Code, any subdivision of appropriations made in this Act
under the heading <quote>Shipbuilding and Conversion, Navy</quote> shall be
considered to be for the same purpose as any subdivision under the heading
<quote>Shipbuilding and Conversion, Navy</quote> appropriations in any prior
fiscal year, and the 1 percent limitation shall apply to the total amount of
the appropriation.</text>
<appropriations-small id="idEC28E44D6EAC4FF499EF61CF2E3458C3"><header>(INCLUDING TRANSFER OF
FUNDS)</header>
</appropriations-small></section><section commented="no" display-inline="no-display-inline" id="id851FB19223B44B6FADDB490AD924C336" section-type="subsequent-section"><enum>8089.</enum><text display-inline="yes-display-inline">During the current fiscal year, not to
exceed $200,000,000 from funds available under <quote>Operation and
Maintenance, Defense-Wide</quote> may be transferred to the Department of State
<quote>Global Security Contingency Fund</quote>:
<proviso><italic>Provided</italic>,</proviso> That this transfer
authority is in addition to any other transfer authority available to the
Department of Defense:
<proviso><italic>Provided further</italic>,</proviso> That the
Secretary of Defense shall, not fewer than 30 days prior to making transfers to
the Department of State <quote>Global Security Contingency Fund</quote>, notify
the congressional defense committees in writing with the source of funds and a
detailed justification, execution plan, and timeline for each proposed
project.</text>
</section><section commented="no" display-inline="no-display-inline" id="H37DAB1AD4A4C4448A16F240ED9C8E90C" section-type="subsequent-section"><enum>8090.</enum><text display-inline="yes-display-inline">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:</text>
<paragraph commented="no" display-inline="no-display-inline" id="H11FFFFFC98004FE88B14E8E38E7CDE0E"><enum>(1)</enum><text display-inline="yes-display-inline">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.</text>
</paragraph><paragraph commented="no" display-inline="no-display-inline" id="H53C0A41579AA43A4B50003EEBE9D2F1D"><enum>(2)</enum><text display-inline="yes-display-inline">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.</text>
</paragraph></section><section commented="no" display-inline="no-display-inline" id="id52BDE70E4D874E04B1704CA792196F76" section-type="subsequent-section"><enum>8091.</enum><text display-inline="yes-display-inline">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 <quote>Operation
and Maintenance, Army</quote>, $515,000,000.</text>
</section><section commented="no" display-inline="no-display-inline" id="id961D92161157404580981A33D6E24C3E" section-type="subsequent-section"><enum>8092.</enum><subsection commented="no" display-inline="yes-display-inline" id="id131E4FC077CA47D78247719F3323DC9A"><enum>(a)</enum><text display-inline="yes-display-inline">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:
<proviso><italic>Provided</italic></proviso>, That the report shall
include—</text>
<paragraph commented="no" display-inline="no-display-inline" id="idDFDF7958D8464171A5210252E5E576B2"><enum>(1)</enum><text display-inline="yes-display-inline">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;</text>
</paragraph><paragraph commented="no" display-inline="no-display-inline" id="idF803C33F26044FBF8AA2CFE1710EDCA0"><enum>(2)</enum><text display-inline="yes-display-inline">a delineation in the table for each
appropriation by Expenditure Center and project; and</text>
</paragraph><paragraph commented="no" display-inline="no-display-inline" id="id0A6808EFF0C14366AEA8F483FCB11486"><enum>(3)</enum><text display-inline="yes-display-inline">an identification of items of special
congressional interest.</text>
</paragraph></subsection><subsection commented="no" display-inline="no-display-inline" id="idB278B216ABFC40618738DE72DE3A5DEA"><enum>(b)</enum><text display-inline="yes-display-inline">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.</text>
</subsection></section><section commented="no" id="H0A709D27388C4D9AB1E6638FDD43D98A"><enum>8093.</enum><subsection commented="no" display-inline="yes-display-inline" id="H903C9CF8D06E4C109FB30D941E3C12A2"><enum>(a)</enum><text display-inline="yes-display-inline">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—</text>
<paragraph id="ID20755b623b15444a8645f80662e03c5c"><enum>(1)</enum><text>creates a new
start effort;</text>
</paragraph><paragraph id="IDc44231d7f03f4c61ba2f38c6af47d6d3"><enum>(2)</enum><text>terminates a
program with appropriated funding of $10,000,000 or more;</text>
</paragraph><paragraph id="IDc9550b81b20948909b85608e94c4abe2"><enum>(3)</enum><text>transfers funding
into or out of the National Intelligence Program; or</text>
</paragraph><paragraph id="ID80e24611ab2649bc91c50726e27da58a"><enum>(4)</enum><text>transfers funding
between appropriations,</text>
</paragraph><continuation-text commented="no" continuation-text-level="subsection">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.</continuation-text></subsection><subsection commented="no" id="H376E2BC5D94B4448B9D9552E567ED9F8"><enum>(b)</enum><text display-inline="yes-display-inline">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.</text>
</subsection></section><section display-inline="no-display-inline" id="idD6445F92029E48C0984A3009375B6357" section-type="subsequent-section"><enum>8094.</enum><text display-inline="yes-display-inline">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.</text>
</section><section commented="no" display-inline="no-display-inline" id="idD7E14D20F33B43EFA00F2E9BC1D570EE" section-type="subsequent-section"><enum>8095.</enum><text display-inline="yes-display-inline">For the purposes of this Act, the term
<term>congressional intelligence committees</term> 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.</text>
</section><section commented="no" display-inline="no-display-inline" id="id4224E1E118274E8EA25292389AD4C8A9" section-type="subsequent-section"><enum>8096.</enum><text display-inline="yes-display-inline">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
<quote>Contingency Operations</quote>, Annex 1, dated September 2005.</text>
<appropriations-small commented="no" id="id12F2C806566F423B92E6389C764767C2"><header display-inline="yes-display-inline">(INCLUDING TRANSFER OF
FUNDS)</header>
</appropriations-small></section><section commented="no" display-inline="no-display-inline" id="id1097F87B8AC54540A8814973D608D45F" section-type="subsequent-section"><enum>8097.</enum><text display-inline="yes-display-inline">During the current fiscal year, not to
exceed $11,000,000 from each of the appropriations made in title II of this Act
for <quote>Operation and Maintenance, Army</quote>, <quote>Operation and
Maintenance, Navy</quote>, and <quote>Operation and Maintenance, Air
Force</quote> 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.</text>
<appropriations-small commented="no" id="idA493168868984FC8B1C4E3E00B460AE8"><header display-inline="yes-display-inline">(INCLUDING TRANSFER OF
FUNDS)</header>
</appropriations-small></section><section commented="no" display-inline="no-display-inline" id="idD03B95498A0F492989628D0C1C5403A1" section-type="subsequent-section"><enum>8098.</enum><text display-inline="yes-display-inline">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:
<proviso><italic>Provided</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, That the Office
of Management and Budget must approve any transfers made under this
provision.</text>
</section><section commented="no" display-inline="no-display-inline" id="id0D7A2B931DE64CFD834EABCB35000E19" section-type="subsequent-section"><enum>8099.</enum><text display-inline="yes-display-inline">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.</text>
</section><section commented="no" display-inline="no-display-inline" id="id7DF47150FC4D4A4C87D13041C244CCA0" section-type="subsequent-section"><enum>8100.</enum><subsection commented="no" display-inline="yes-display-inline" id="idB962929FF2514050AA9D3EEC1A2C8211"><enum>(a)</enum><text display-inline="yes-display-inline">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.</text>
</subsection><subsection commented="no" display-inline="no-display-inline" id="idA9E2883AD41F4B14A45BCCAEF4409B43"><enum>(b)</enum><text display-inline="yes-display-inline">Subsection (a) shall not apply to a report
if—</text>
<paragraph commented="no" display-inline="no-display-inline" id="id6A63A988E4CC4883966AF680C7B82FB4"><enum>(1)</enum><text display-inline="yes-display-inline">the public posting of the report
compromises national security; or</text>
</paragraph><paragraph commented="no" display-inline="no-display-inline" id="idA8B94349A5EA4B9496D9044C8446466C"><enum>(2)</enum><text display-inline="yes-display-inline">the report contains proprietary
information.</text>
</paragraph></subsection><subsection commented="no" display-inline="no-display-inline" id="idF7E59FAFF25D4F1794E1161024E30F78"><enum>(c)</enum><text display-inline="yes-display-inline">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.</text>
</subsection></section><section commented="no" display-inline="no-display-inline" id="id9E86C32BCBAD4609BA3A6AA1FA8A0915" section-type="subsequent-section"><enum>8101.</enum><subsection commented="no" display-inline="yes-display-inline" id="id5E2C709F74EA4952A13CE7AE05526CA5"><enum>(a)</enum><text display-inline="yes-display-inline">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—</text>
<paragraph commented="no" display-inline="no-display-inline" id="idFA9D50306557403CAB44AAF90943EEE4"><enum>(1)</enum><text display-inline="yes-display-inline">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</text>
</paragraph><paragraph commented="no" display-inline="no-display-inline" id="id24C97254049A467AA29DC280921CEC95"><enum>(2)</enum><text display-inline="yes-display-inline">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.</text>
</paragraph></subsection><subsection commented="no" display-inline="no-display-inline" id="id33E294BA537D4A82866AD78DE07F5623"><enum>(b)</enum><text display-inline="yes-display-inline">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 <quote>covered
subcontractor</quote> is an entity that has a subcontract in excess of
$1,000,000 on a contract subject to subsection (a).</text>
</subsection><subsection commented="no" display-inline="no-display-inline" id="id056AD7C69CBA4F4EA821790AD2C4F316"><enum>(c)</enum><text display-inline="yes-display-inline">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.</text>
</subsection><subsection commented="no" display-inline="no-display-inline" id="id9219A83947B846D0ABC9AB7DCDC7EBAB"><enum>(d)</enum><text display-inline="yes-display-inline">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.</text>
</subsection></section><section id="id37CE0CC375DF468AA89C82FF2FF8E2BF"><enum>8102.</enum><subsection commented="no" display-inline="yes-display-inline" id="id34726EDBCD784A83937F1104D9B6984B"><enum>(a)</enum><paragraph commented="no" display-inline="yes-display-inline" id="idFB434DFDF874443682C3C82460E96A38"><enum>(1)</enum><text display-inline="yes-display-inline">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.</text>
</paragraph><paragraph id="idAF0443D6D4504ADBB460E3A6A453B613" indent="up1"><enum>(2)</enum><text>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.</text>
</paragraph></subsection><subsection id="id79ED4DBBEDB340E186D2F4501A0033E5"><enum>(b)</enum><text display-inline="yes-display-inline">This section shall not apply to any
programmatic or analytic systems or programmatic or analytic system
improvements.</text>
</subsection></section><section id="id55698E6774304C2381CA05AAC7164871"><enum>8103.</enum><text display-inline="yes-display-inline">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.</text>
<appropriations-small id="id2CEE0D4B94464D04B347E9DAD7957E2E"><header>(including transfer of
funds)</header>
</appropriations-small></section><section commented="no" display-inline="no-display-inline" id="id1D0159D7FB02427888DF212D97E702E3" section-type="subsequent-section"><enum>8104.</enum><text display-inline="yes-display-inline">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:
<proviso><italic>Provided</italic>,</proviso> 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:
<proviso><italic>Provided further</italic>,</proviso> 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.</text>
</section><section id="H51D4663944BC44ED8D9245C0691CAE60"><enum>8105.</enum><text display-inline="yes-display-inline">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 <quote>2 years</quote> both places it
appears and inserting <quote>3 years</quote>.</text>
</section><section commented="no" display-inline="no-display-inline" id="HDFB281AE4A014A84AD82E304166B3645" section-type="subsequent-section"><enum>8106.</enum><text display-inline="yes-display-inline">The Office of the Director of National
Intelligence shall not employ more Senior Executive employees than are
specified in the classified annex:
<proviso><italic>Provided</italic></proviso>, 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.</text>
</section><section id="idDC0AA0BC9C764352A6C5DB249BF7952D"><enum>8107.</enum><text display-inline="yes-display-inline">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.</text>
</section><section id="idA8BF9761A08E4753BEEC60068594A96F"><enum>8108.</enum><text display-inline="yes-display-inline">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.</text>
</section><section id="id998D15D02F3C4522A4800E30069D548D"><enum>8109.</enum><text display-inline="yes-display-inline">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.</text>
</section><section id="HE4BD4E2972D04D5285C4D417D30C4712"><enum>8110.</enum><text display-inline="yes-display-inline">Of the amounts appropriated for
<quote>Operation and Maintenance, Defense-Wide</quote>, $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:
<proviso><italic>Provided</italic></proviso>, 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.</text>
</section><section commented="no" id="HF1E9B88EEBBC4322B98118FC1D688243"><enum>8111.</enum><text display-inline="yes-display-inline">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:
<proviso><italic>Provided</italic>,</proviso> 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:
<proviso><italic>Provided further</italic>,</proviso> 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.</text>
</section><section commented="no" id="H594DEE7FEC054BC8B1D7FB999F29F0ED"><enum>8112.</enum><subsection commented="no" display-inline="yes-display-inline" id="H9AFCFC82964441FBBCB1B0460DC7E337"><enum>(a)</enum><text display-inline="yes-display-inline">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).</text>
</subsection><subsection commented="no" id="HAF5ADDE2AE234A72BEB096125751DA87"><enum>(b)</enum><text display-inline="yes-display-inline">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.</text>
</subsection></section><section id="HC92FAE172E5144BDA6F07D83BF34A6FF"><enum>8113.</enum><text display-inline="yes-display-inline">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.</text>
</section><section commented="no" display-inline="no-display-inline" id="HE9D04A3ACE9C4EB1988E7E0B7A8220D5" section-type="subsequent-section"><enum>8114.</enum><text display-inline="yes-display-inline">In addition to amounts provided elsewhere
in this Act, $10,000,000 is hereby appropriated, for an additional amount for
<quote>Research, Development, Test and Evaluation, Army</quote>, 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.</text>
</section><section id="H0C89C50728D643CC90712F701C92EAA0"><enum>8115.</enum><text display-inline="yes-display-inline">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.</text>
</section><section id="H715637C8E6CC4898AEE0027DDE4550AA"><enum>8116.</enum><text display-inline="yes-display-inline">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.</text>
<appropriations-small id="HC8FF1D9879F54A9A8773C01D20D75A5F"><header>(including transfer of
funds)</header>
</appropriations-small></section><section commented="no" display-inline="no-display-inline" id="H05B075F3BA4445E897C8788EC48E5AB1" section-type="subsequent-section"><enum>8117.</enum><text display-inline="yes-display-inline">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:
<proviso><italic>Provided</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, That a request
for multiple reprogrammings of funds using authority provided in this section
shall be made prior to June 30, 2012.</text>
<appropriations-small id="H15B9979B9B0D4A9BA1C868AE68CBDB8D"><header>(including transfer of
funds)</header>
</appropriations-small></section><section id="H0FE59682F07D4643BF06BDE44FEF78EE"><enum>8118.</enum><text display-inline="yes-display-inline">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:
<proviso><italic>Provided</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, 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.</text>
</section><section commented="no" id="H581A82F0A80A4E59902D82A38DB48B2E"><enum>8119.</enum><text display-inline="yes-display-inline">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—</text>
<paragraph commented="no" id="H9D618D3755EA4F1EBAED10D2F1E42F73"><enum>(1)</enum><text display-inline="yes-display-inline">is not a United States citizen or a member
of the Armed Forces of the United States; and</text>
</paragraph><paragraph commented="no" display-inline="no-display-inline" id="HBBE43CA18BA742A88C4EBCB0B0A0D9E9"><enum>(2)</enum><text display-inline="yes-display-inline">is or was held on or after June 24, 2009,
at the United States Naval Station, Guantanamo Bay, Cuba, by the Department of
Defense.</text>
</paragraph></section><section id="id25C31976B1DB4C3CA37BB81CDBA3B451"><enum>8120.</enum><subsection commented="no" display-inline="yes-display-inline" id="idA3CB9728A4C546999222B8632DF10A9D"><enum>(a)</enum><paragraph commented="no" display-inline="yes-display-inline" id="id1666FF43AAEA4857A9AA7D98C5531F38"><enum>(1)</enum><text display-inline="yes-display-inline">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.</text>
</paragraph><paragraph id="id874AE65F62004BCAABE6CE740A149D7F" indent="up1"><enum>(2)</enum><text display-inline="yes-display-inline">Paragraph (1) shall not apply to any action
taken by the Secretary to transfer any individual detained at Guantanamo to
effectuate—</text>
<subparagraph id="id21110D997A9F4724B7F7058A88DBE78F"><enum>(A)</enum><text display-inline="yes-display-inline">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</text>
</subparagraph><subparagraph id="id7BB7BFD08F50438B9F9B6900C759D803"><enum>(B)</enum><text display-inline="yes-display-inline">a
pre-trial agreement entered in a military commission case prior to the date of
the enactment of this Act.</text>
</subparagraph></paragraph></subsection><subsection id="id84BB03B108CD42139CCD688BDEA69C9C"><enum>(b)</enum><text display-inline="yes-display-inline">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—</text>
<paragraph id="id7D212E5074444181BE0BEFADDC2C7187"><enum>(1)</enum><text display-inline="yes-display-inline">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—</text>
<subparagraph id="idB01FDDCC309445A19B74D2A5C451A75D"><enum>(A)</enum><text display-inline="yes-display-inline">is not a designated state sponsor of
terrorism or a designated foreign terrorist organization;</text>
</subparagraph><subparagraph id="id54B0E1CF1B0144D88B95AA7E21A11D31"><enum>(B)</enum><text display-inline="yes-display-inline">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;</text>
</subparagraph><subparagraph id="id019409B515394FA4A8879CBAF9F274F8"><enum>(C)</enum><text display-inline="yes-display-inline">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;</text>
</subparagraph><subparagraph id="id168EA3224A644A62A9CBB3EF583B4B04"><enum>(D)</enum><text display-inline="yes-display-inline">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;</text>
</subparagraph><subparagraph id="id0D20102B034044E599A84D5AE4B1C903"><enum>(E)</enum><text display-inline="yes-display-inline">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</text>
</subparagraph><subparagraph id="id90963A789A68428EB08B27A6180B307F"><enum>(F)</enum><text display-inline="yes-display-inline">has agreed to share with the United States
any information that—</text>
<clause id="id6DAC3DFE77B9485B9F4D923908D23E8A"><enum>(i)</enum><text display-inline="yes-display-inline">is related to the individual or any
associates of the individual; and</text>
</clause><clause id="id7D2E8E485BA847449AA79B89D18F5C8F"><enum>(ii)</enum><text display-inline="yes-display-inline">could affect the security of the United
States, its citizens, or its allies; and</text>
</clause></subparagraph></paragraph><paragraph id="idD789B5277EE84F0C8E9E1D45F369D7A1"><enum>(2)</enum><text display-inline="yes-display-inline">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.</text>
</paragraph></subsection><subsection id="id464B20D06E804DD89A9E47E8592C5BC6"><enum>(c)</enum><paragraph commented="no" display-inline="yes-display-inline" id="id67018BEFBD244B5582FB034762633357"><enum>(1)</enum><text display-inline="yes-display-inline">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.</text>
</paragraph><paragraph id="idC33FDA1EF38D4CD3AF2CA57ECCC13F31" indent="up1"><enum>(2)</enum><text display-inline="yes-display-inline">Paragraph (1) shall not apply to any action
taken by the Secretary to transfer any individual detained at Guantanamo to
effectuate—</text>
<subparagraph id="id8552CD8BB59A434593A2558E3416161B"><enum>(A)</enum><text display-inline="yes-display-inline">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</text>
</subparagraph><subparagraph id="id23478FE1DCBC404A9B87AE699DBC3A40"><enum>(B)</enum><text display-inline="yes-display-inline">a
pre-trial agreement entered in a military commission case prior to the date of
the enactment of this Act.</text>
</subparagraph></paragraph></subsection><subsection id="id2A44C897C2434070B04D4206BDD8FB59"><enum>(d)</enum><paragraph commented="no" display-inline="yes-display-inline" id="id27E5A6AD4731418393DFD864139B689D"><enum>(1)</enum><text display-inline="yes-display-inline">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—</text>
<subparagraph id="id60090BE827CF4EBBB4E1B1EBC08049D7" indent="up1"><enum>(A)</enum><text display-inline="yes-display-inline">alternative actions will be taken to
address the underlying purpose of the requirement or requirements to be
waived;</text>
</subparagraph><subparagraph id="id93D43058C224433EB389A5D415E4E003" indent="up1"><enum>(B)</enum><text display-inline="yes-display-inline">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;</text>
</subparagraph><subparagraph id="id07B752C238924705A72838B001392DDA" indent="up1"><enum>(C)</enum><text display-inline="yes-display-inline">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</text>
</subparagraph><subparagraph id="idAC20FCED68ED4EAF8616D7B420FE2D13" indent="up1"><enum>(D)</enum><text display-inline="yes-display-inline">the transfer is in the national security
interests of the United States.</text>
</subparagraph></paragraph><paragraph id="id6CA1B0FD5D314EE9A2CC06AF70109BDF" indent="up1"><enum>(2)</enum><text display-inline="yes-display-inline">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:</text>
<subparagraph id="id8D266503FF834140857327B7D2B67D92"><enum>(A)</enum><text display-inline="yes-display-inline">A
copy of the determination and the waiver concerned.</text>
</subparagraph><subparagraph id="idE0E375FB6C2F42E4846AE7126F96C58D"><enum>(B)</enum><text display-inline="yes-display-inline">A
statement of the basis for the determination, including—</text>
<clause id="id2275959EA9674B7C90628AD7EE8BD4F5"><enum>(i)</enum><text display-inline="yes-display-inline">an explanation why the transfer is in the
national security interests of the United States; and</text>
</clause><clause id="id954C6B7D894E4533AF4534C02276D567"><enum>(ii)</enum><text display-inline="yes-display-inline">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.</text>
</clause></subparagraph><subparagraph id="id85886E8B05FC417B99A62EC75AF5604E"><enum>(C)</enum><text display-inline="yes-display-inline">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.</text>
</subparagraph><subparagraph id="id95F9893D4BAF44DFBC07383A1427CAD3"><enum>(D)</enum><text display-inline="yes-display-inline">The assessment required by subsection
(b)(2).</text>
</subparagraph></paragraph></subsection><subsection id="idFD5B530048CC47278B6FDFDE5F9AB7EC"><enum>(e)</enum><text display-inline="yes-display-inline">In this section:</text>
<paragraph id="idAA1A49D59EAD46E49534B17B1831295D"><enum>(1)</enum><text display-inline="yes-display-inline">The term “appropriate committees of
Congress” means—</text>
<subparagraph id="id6B9EBCE7ED8B4B888025AE853677AAC1"><enum>(A)</enum><text display-inline="yes-display-inline">the Committee on Armed Services, the
Committee on Appropriations, and the Select Committee on Intelligence of the
Senate; and</text>
</subparagraph><subparagraph id="idA3F522AD81974783965103DC407C870B"><enum>(B)</enum><text display-inline="yes-display-inline">the Committee on Armed Services, the
Committee on Appropriations, and the Permanent Select Committee on Intelligence
of the House of Representatives.</text>
</subparagraph></paragraph><paragraph id="idBBF8D7DB49204F0CB611FA7805B18938"><enum>(2)</enum><text display-inline="yes-display-inline">The term “individual detained at
Guantanamo” means any individual located at United States Naval Station,
Guantanamo Bay, Cuba, as of October 1, 2009, who—</text>
<subparagraph id="id042FF56BD83946F69F91F14BBC1DF645"><enum>(A)</enum><text display-inline="yes-display-inline">is not a citizen of the United States or a
member of the Armed Forces of the United States; and</text>
</subparagraph><subparagraph id="id75B93B14C7FD4F319B718D8296BE1DF9"><enum>(B)</enum><text display-inline="yes-display-inline">is—</text>
<clause id="id0AEDC78605FB495FB67C7DFADE0BF343"><enum>(i)</enum><text display-inline="yes-display-inline">in the custody or under the control of the
Department of Defense; or</text>
</clause><clause id="idB2F9DAE36D6C424AA5803D9F29DDCEAA"><enum>(ii)</enum><text display-inline="yes-display-inline">otherwise under detention at United States
Naval Station, Guantanamo Bay, Cuba.</text>
</clause></subparagraph></paragraph><paragraph id="idB954AF4D857541FDA7666A729EA82D5B"><enum>(3)</enum><text display-inline="yes-display-inline">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).</text>
</paragraph></subsection></section><section commented="no" id="H15D0E8600B8B4CEFA5036BB33634EC08"><enum>8121.</enum><subsection commented="no" display-inline="yes-display-inline" id="H09EFA2D94B6D4289B49C0AF5B56E12FE"><enum>(a)</enum><text display-inline="yes-display-inline">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.</text>
</subsection><subsection commented="no" id="H5685CB96AC2944AF93D9EBB6F77A2352"><enum>(b)</enum><text display-inline="yes-display-inline">The prohibition in subsection (a) shall not
apply to any modification of facilities at United States Naval Station,
Guantanamo Bay, Cuba.</text>
</subsection><subsection commented="no" id="HF7ABAA6BD0A0467F99F9419EC746F0A9"><enum>(c)</enum><text display-inline="yes-display-inline">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—</text>
<paragraph commented="no" id="HC1618463859242DD87ECBCAA774CABCC"><enum>(1)</enum><text display-inline="yes-display-inline">is not a citizen of the United States or a
member of the Armed Forces of the United States; and</text>
</paragraph><paragraph commented="no" id="H46878E4223C744FDA9CA0C20CD0DAE55"><enum>(2)</enum><text>is—</text>
<subparagraph commented="no" id="HBE999A0526394727AE1B335466B09EF9"><enum>(A)</enum><text display-inline="yes-display-inline">in the custody or under the effective
control of the Department of Defense; or</text>
</subparagraph><subparagraph commented="no" display-inline="no-display-inline" id="H3AE3125E6D1B428FB7F4DDCDFFFBFB94"><enum>(B)</enum><text display-inline="yes-display-inline">otherwise under detention at United States
Naval Station, Guantanamo Bay, Cuba.</text>
</subparagraph></paragraph></subsection></section><section commented="no" id="HB225A401B3C74BF4B2AEB20D437905D8"><enum>8122.</enum><text display-inline="yes-display-inline">Of the funds made available to the
Department of Defense under <quote>Operation and Maintenance,
Defense-Wide</quote> 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.</text>
</section><section id="HE1E798408C22432D81938DF6E36C1F6F"><enum>8123.</enum><text display-inline="yes-display-inline">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—</text>
<paragraph id="H891B814A52E34601BD6BFF1E4582ED90"><enum>(1)</enum><text display-inline="yes-display-inline">each savings identified by the military
departments, including—</text>
<subparagraph id="HF07F3D034AA04E19A6395CCC99753B15"><enum>(A)</enum><text>the budget account
from which such savings will be derived;</text>
</subparagraph><subparagraph id="HE5CAAEE444A04932A018B37D43AEF944"><enum>(B)</enum><text>the number of
military personnel and full-time civilian employees of the Federal Government
affected by such savings;</text>
</subparagraph><subparagraph id="H44ABD70DC6A64FC8B003811626015FCE"><enum>(C)</enum><text display-inline="yes-display-inline">the estimated reductions in the number and
funding of contractor personnel caused by such savings; and</text>
</subparagraph><subparagraph id="H86807BB7ADFA4349AE3AFC6B10D362DF"><enum>(D)</enum><text display-inline="yes-display-inline">a specific description of activities or
services that will be affected by such savings, including the locations of such
activities or services; and</text>
</subparagraph></paragraph><paragraph id="H0D82CA22F32A421A9C6634EB5BB8378A"><enum>(2)</enum><text>each reinvestment
planned to be funded with such savings, including—</text>
<subparagraph id="H1F16684B222E4A94911A1D17BB297855"><enum>(A)</enum><text>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;</text>
</subparagraph><subparagraph id="H9A0B4CE7D4944D68AC4A5B03C27B1DCF"><enum>(B)</enum><text display-inline="yes-display-inline">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;</text>
</subparagraph><subparagraph id="H6000030B409A4028BFBBFF7FAEB5952B"><enum>(C)</enum><text display-inline="yes-display-inline">the number of military personnel and
full-time civilian employees of the Federal Government affected by such
reinvestment;</text>
</subparagraph><subparagraph display-inline="no-display-inline" id="H1BA6E1CF1FF74FB697E580B36FD16D2F"><enum>(D)</enum><text display-inline="yes-display-inline">the estimated number and funding of
contractor personnel affected by such reinvestment; and</text>
</subparagraph><subparagraph commented="no" display-inline="no-display-inline" id="H9B35DC4D727B481ABD4349D57708010D"><enum>(E)</enum><text display-inline="yes-display-inline">a specific description of activities or
services that will be affected by such reinvestment, including the locations of
such activities or services.</text>
</subparagraph></paragraph></section><section commented="no" display-inline="no-display-inline" id="id90243BF622894B39BACF05AD472A2A14"><enum>8124.</enum><text display-inline="yes-display-inline">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.</text>
</section><section commented="no" display-inline="no-display-inline" id="idF1054309F19B430380D9CFD738BF11CD"><enum>8125.</enum><text display-inline="yes-display-inline">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.</text>
<appropriations-small id="idAE434B9FE324493EAB0F53F90CE623FC"><header>(including transfer of
funds)</header>
</appropriations-small></section><section commented="no" display-inline="no-display-inline" id="id816A9CF7C1E245ECA79F75CF52CBAC29"><enum>8126.</enum><text display-inline="yes-display-inline">There is hereby established in the Treasury
of the United States the <quote>Military Intelligence Program Transfer
Fund</quote>. In addition to amounts provided elsewhere in this Act, there is
appropriated $310,758,000 for the <quote>Military Intelligence Program Transfer
Fund</quote>:
<proviso><italic>Provided</italic>,</proviso> That of the funds made
available in this section, the Secretary of Defense may transfer these funds
only to <quote>Operation and Maintenance, Defense-Wide</quote> or
<quote>Research, Development, Test and Evaluation, Defense-Wide</quote> and
only for the purposes described in the classified annex accompanying this Act:
<proviso><italic>Provided further</italic>,</proviso> 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:
<proviso><italic>Provided further</italic>,</proviso> 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:
<proviso><italic>Provided further</italic>,</proviso> That this
transfer authority is in addition to any other transfer authority provided in
this Act.</text>
</section><section commented="no" display-inline="no-display-inline" id="id6E5F19E203A7441BA761B4C8F71F1227"><enum>8127.</enum><text display-inline="yes-display-inline">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)).</text>
</section><section commented="no" display-inline="no-display-inline" id="id906DE780F21A4459BB1D81501A329A25"><enum>8128.</enum><text display-inline="yes-display-inline">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).</text>
</section><section commented="no" display-inline="no-display-inline" id="idA7B7E9C6724645F9B8750FE4A36B42E4"><enum>8129.</enum><text display-inline="yes-display-inline">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.).</text><pagebreak></pagebreak>
</section><enum>IX</enum><header display-inline="no-display-inline">Overseas contingency operations</header>
<appropriations-major commented="no" id="idD6AB5A84FEDC46309758374EA5F8E94C"><header display-inline="yes-display-inline">Military
Personnel</header>
</appropriations-major><appropriations-intermediate commented="no" id="id430CF8D5446141CDB7B3A956F94DF699"><header display-inline="yes-display-inline">Military Personnel, Army</header><text display-inline="no-display-inline">For an additional amount for <quote>Military
Personnel, Army</quote>, $7,195,335,000:
<proviso><italic>Provided</italic></proviso>, 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.</text>
</appropriations-intermediate><appropriations-intermediate commented="no" id="id8A360BF270A44B11967610CCF75F6E64"><header display-inline="yes-display-inline">Military Personnel, Navy</header><text display-inline="no-display-inline">For an additional amount for <quote>Military
Personnel, Navy</quote>, $1,259,234,000:
<proviso><italic>Provided</italic></proviso>, 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.</text>
</appropriations-intermediate><appropriations-intermediate commented="no" id="idB590188F00F144BB9CF7EA28CAF02765"><header display-inline="yes-display-inline">Military Personnel, Marine
Corps</header><text display-inline="no-display-inline">For an additional amount
for <quote>Military Personnel, Marine Corps</quote>, $714,360,000:
<proviso><italic>Provided</italic></proviso>, 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.</text>
</appropriations-intermediate><appropriations-intermediate commented="no" id="id79AC95C251234F6FA7EA5B3E0A27DC5A"><header display-inline="yes-display-inline">Military Personnel, Air Force</header><text display-inline="no-display-inline">For an additional amount for <quote>Military
Personnel, Air Force</quote>, $1,492,381,000:
<proviso><italic>Provided</italic></proviso>, 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.</text>
</appropriations-intermediate><appropriations-intermediate commented="no" id="id7F3B92F4D1D5441B9E937D8711E6A096"><header display-inline="yes-display-inline">Reserve Personnel, Army</header><text display-inline="no-display-inline">For an additional amount for <quote>Reserve
Personnel, Army</quote>, $207,162,000:
<proviso><italic>Provided</italic></proviso>, 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.</text>
</appropriations-intermediate><appropriations-intermediate commented="no" id="id105FFAAA761A4AB7A05C342832175D6E"><header display-inline="yes-display-inline">Reserve Personnel, Navy</header><text display-inline="no-display-inline">For an additional amount for <quote>Reserve
Personnel, Navy</quote>, $44,530,000:
<proviso><italic>Provided</italic></proviso>, 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.</text>
</appropriations-intermediate><appropriations-intermediate commented="no" id="idB7C3A2FC6B2B4DFD9FFC179439F5CB26"><header display-inline="yes-display-inline">Reserve Personnel, Marine
Corps</header><text display-inline="no-display-inline">For an additional amount
for <quote>Reserve Personnel, Marine Corps</quote>, $25,421,000:
<proviso><italic>Provided</italic></proviso>, 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.</text>
</appropriations-intermediate><appropriations-intermediate commented="no" id="id8C48FF1F24594079872FD2DA22A66EE5"><header display-inline="yes-display-inline">Reserve Personnel, Air Force</header><text display-inline="no-display-inline">For an additional amount for <quote>Reserve
Personnel, Air Force</quote> $26,815,000:
<proviso><italic>Provided</italic></proviso>, 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.</text>
</appropriations-intermediate><appropriations-intermediate commented="no" id="idEE2F1CCA7F924CBDBA3E87C452259CD4"><header display-inline="yes-display-inline">National Guard Personnel,
Army</header><text display-inline="no-display-inline">For an additional amount
for <quote>National Guard Personnel, Army</quote>, $664,579,000:
<proviso><italic>Provided</italic></proviso>, 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.</text>
</appropriations-intermediate><appropriations-intermediate commented="no" id="idDE0E5A105F2F4F11B16C569AE3D0E784"><header display-inline="yes-display-inline">National Guard Personnel, Air
Force</header><text display-inline="no-display-inline">For an additional amount
for <quote>National Guard Personnel, Air Force</quote>, $9,435,000:
<proviso><italic>Provided</italic></proviso>, 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.</text>
</appropriations-intermediate><appropriations-major commented="no" id="id956F91D02A914ABFBD286C6A3EC5D948"><header display-inline="yes-display-inline">Operation and
Maintenance</header>
</appropriations-major><appropriations-intermediate commented="no" id="idCBFEFB8F3B52479CB5ECC53A035B1F0B"><header display-inline="yes-display-inline">Operation and Maintenance,
Army</header><text display-inline="no-display-inline">For an additional amount
for <quote>Operation and Maintenance, Army</quote>, $44,794,156,000:
<proviso><italic>Provided</italic></proviso>, 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.</text>
</appropriations-intermediate><appropriations-intermediate commented="no" id="id05E6666CCD5749508DCB2ADF776BA930"><header display-inline="yes-display-inline">Operation and Maintenance,
Navy</header><text display-inline="no-display-inline">For an additional amount
for <quote>Operation and Maintenance, Navy</quote>, $7,674,026,000:
<proviso><italic>Provided</italic></proviso>, 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.</text>
</appropriations-intermediate><appropriations-intermediate commented="no" id="id7CEC2B3381404DE48BE2975504D1A1F8"><header display-inline="yes-display-inline">Operation and Maintenance, Marine
Corps</header><text display-inline="no-display-inline">For an additional amount
for <quote>Operation and Maintenance, Marine Corps</quote>, $3,935,210,000:
<proviso><italic>Provided</italic></proviso>, 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.</text>
</appropriations-intermediate><appropriations-intermediate commented="no" id="idE558A036DADE4312B471EB713C37C2A0"><header display-inline="yes-display-inline">Operation and Maintenance, Air
Force</header><text display-inline="no-display-inline">For an additional amount
for <quote>Operation and Maintenance, Air Force</quote>, $10,879,347,000:
<proviso><italic>Provided</italic></proviso>, 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.</text>
</appropriations-intermediate><appropriations-intermediate commented="no" id="idD6BE4B7863B34B7A92C6599465D10883"><header display-inline="yes-display-inline">Operation and Maintenance,
Defense-Wide</header><text display-inline="no-display-inline">For an additional
amount for <quote>Operation and Maintenance, Defense-Wide</quote>,
$9,252,211,000:
<proviso><italic>Provided</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, 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:
<proviso><italic>Provided further</italic>,</proviso> 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:
<proviso><italic>Provided further</italic>,</proviso> That the
requirement to provide notification shall not apply with respect to a
reimbursement for access based on an international agreement:
<proviso><italic>Provided further</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, That the
Secretary of Defense shall provide quarterly reports to the congressional
defense committees on the use of funds provided in this
paragraph.</text>
</appropriations-intermediate><appropriations-intermediate commented="no" id="id1EDFBDA447FF4C1FBFA3A3BC0C548BFC"><header display-inline="yes-display-inline">Operation and Maintenance, Army
Reserve</header><text display-inline="no-display-inline">For an additional
amount for <quote>Operation and Maintenance, Army Reserve</quote>,
$217,500,000:
<proviso><italic>Provided</italic></proviso>, 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.</text>
</appropriations-intermediate><appropriations-intermediate commented="no" id="idA06AA82AD3AE4F89BD27813E2B0AA9F1"><header display-inline="yes-display-inline">Operation and Maintenance, Navy
Reserve</header><text display-inline="no-display-inline">For an additional
amount for “Operation and Maintenance, Navy Reserve”, $74,148,000:
<proviso><italic>Provided</italic></proviso>, 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.</text>
</appropriations-intermediate><appropriations-intermediate commented="no" id="idFF88617A8FE24B4A8D880027C3DDEAF0"><header display-inline="yes-display-inline">Operation and Maintenance, Marine Corps
Reserve</header><text display-inline="no-display-inline">For an additional
amount for “Operation and Maintenance, Marine Corps Reserve”, $36,084,000:
<proviso><italic>Provided</italic></proviso>, 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.</text>
</appropriations-intermediate><appropriations-intermediate commented="no" id="id51B5E395551C4912AE5165DC409CB597"><header display-inline="yes-display-inline">Operation and Maintenance, Air Force
Reserve</header><text display-inline="no-display-inline">For an additional
amount for “Operation and Maintenance, Air Force Reserve”, $142,050,000:
<proviso><italic>Provided</italic></proviso>, 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.</text>
</appropriations-intermediate><appropriations-intermediate commented="no" id="id1D6B0945F1B14BCA935C90808876653C"><header display-inline="yes-display-inline">Operation and Maintenance, Army National
Guard</header><text display-inline="no-display-inline">For an additional amount
for “Operation and Maintenance, Army National Guard”, $377,544,000:
<proviso><italic>Provided</italic></proviso>, 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.</text>
</appropriations-intermediate><appropriations-intermediate commented="no" id="id2238E782F2E341728C046F88254736A7"><header display-inline="yes-display-inline">Operation and Maintenance, Air National
Guard</header><text display-inline="no-display-inline">For an additional amount
for “Operation and Maintenance, Air National Guard”, $34,050,000:
<proviso><italic>Provided</italic></proviso>, 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.</text>
</appropriations-intermediate><appropriations-intermediate id="idF0BFA740FE384BA2AA3835F333F0439A"><header>Afghanistan Infrastructure
Fund</header>
</appropriations-intermediate><appropriations-small id="id23D3CAA2F0BA467598FDA5D86C2300F7"><header>(including transfer of
funds)</header><text display-inline="no-display-inline">For the
<quote>Afghanistan Infrastructure Fund</quote>, $400,000,000, to remain
available until September 30, 2013:
<proviso><italic>Provided</italic>,</proviso> 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:
<proviso><italic>Provided further</italic>,</proviso> 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:
<proviso><italic>Provided further</italic>,</proviso> That the
authority to undertake such infrastructure projects is in addition to any other
authority to provide assistance to foreign nations:
<proviso><italic>Provided further</italic>,</proviso> That any projects
funded by this appropriation shall be jointly formulated and concurred in by
the Secretary of State and Secretary of Defense:
<proviso><italic>Provided further</italic>,</proviso> 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:
<proviso><italic>Provided further</italic>,</proviso> That the transfer
authority in the preceding proviso is in addition to any other authority
available to the Department of Defense to transfer funds:
<proviso><italic>Provided further</italic>,</proviso> 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:
<proviso><italic>Provided further</italic>,</proviso> 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:
<proviso><italic>Provided further</italic>,</proviso> 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:
<proviso><italic>Provided further</italic>,</proviso> 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:
<proviso><italic>Provided further</italic>,</proviso> 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:
<proviso><italic>Provided further</italic></proviso>, 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.</text>
</appropriations-small><appropriations-intermediate commented="no" id="idE36ADC4234C943E9AD2D59802887858D"><header display-inline="yes-display-inline">Afghanistan Security Forces
Fund</header>
</appropriations-intermediate><appropriations-small commented="no" id="id1A55EB9C9E574827B72D6E1A03C9A1DA"><text display-inline="no-display-inline">For the <quote>Afghanistan Security Forces
Fund</quote>, $11,200,000,000, to remain available until September 30, 2013:
<proviso><italic>Provided</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, That the
authority to provide assistance under this heading is in addition to any other
authority to provide assistance to foreign nations:
<proviso><italic>Provided further</italic>,</proviso> 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:
<proviso><italic>Provided further</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, 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.</text>
</appropriations-small><appropriations-major commented="no" id="id318BBCADA85D45DBB0BFA38640701340"><header display-inline="yes-display-inline">Procurement</header>
</appropriations-major><appropriations-intermediate commented="no" id="id8F7306DC54B14FD0BFEDB151EB768FCC"><header display-inline="yes-display-inline">Aircraft Procurement, Army</header><text display-inline="no-display-inline">For an additional amount for <quote>Aircraft
Procurement, Army</quote>, $1,137,381,000, to remain available until September
30, 2014:
<proviso><italic>Provided</italic></proviso>, 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.</text>
</appropriations-intermediate><appropriations-intermediate commented="no" id="id7BAE13CA666A441BBCDCB475727B608B"><header display-inline="yes-display-inline">Missile Procurement, Army</header><text display-inline="no-display-inline">For an additional amount for <quote>Missile
Procurement, Army</quote>, $126,556,000, to remain available until September
30, 2014:
<proviso><italic>Provided</italic></proviso>, 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.</text>
</appropriations-intermediate><appropriations-intermediate commented="no" id="id4266CADAF59B413582518DDC24DE7BE4"><header display-inline="yes-display-inline">Procurement of Weapons and Tracked Combat
Vehicles, Army</header><text display-inline="no-display-inline">For an
additional amount for <quote>Procurement of Weapons and Tracked Combat
Vehicles, Army</quote>, $37,117,000, to remain available until September 30,
2014:
<proviso><italic>Provided</italic></proviso>, 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.</text>
</appropriations-intermediate><appropriations-intermediate commented="no" id="id8032535A1E504BE4ADD565EC52FF2997"><header display-inline="yes-display-inline">Procurement of Ammunition,
Army</header><text display-inline="no-display-inline">For an additional amount
for <quote>Procurement of Ammunition, Army</quote>, $208,381,000, to remain
available until September 30, 2014:
<proviso><italic>Provided</italic></proviso>, 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.</text>
</appropriations-intermediate><appropriations-intermediate commented="no" id="id59147965EAD1415FBFC6C59F5C53FE3E"><header display-inline="yes-display-inline">Other Procurement, Army</header><text display-inline="no-display-inline">For an additional amount for <quote>Other
Procurement, Army</quote>, $1,334,345,000, to remain available until September
30, 2014:
<proviso><italic>Provided</italic></proviso>, 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.</text>
</appropriations-intermediate><appropriations-intermediate commented="no" id="idEB545D064FE3459CB50C8EF97DAA60A4"><header display-inline="yes-display-inline">Aircraft Procurement, Navy</header><text display-inline="no-display-inline">For an additional amount for <quote>Aircraft
Procurement, Navy</quote>, $480,935,000, to remain available until September
30, 2014:
<proviso><italic>Provided</italic></proviso>, 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.</text>
</appropriations-intermediate><appropriations-intermediate commented="no" id="idAD13073571EB4740B6512B438BE0DBAC"><header display-inline="yes-display-inline">Weapons Procurement, Navy</header><text display-inline="no-display-inline">For an additional amount for <quote>Weapons
Procurement, Navy</quote>, $41,070,000, to remain available until September 30,
2014:
<proviso><italic>Provided</italic></proviso>, 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.</text>
</appropriations-intermediate><appropriations-intermediate commented="no" id="id5D74458CDBAF4A89A7A5C37F63015D4D"><header display-inline="yes-display-inline">Procurement of Ammunition, Navy and Marine
Corps</header><text display-inline="no-display-inline">For an additional amount
for <quote>Procurement of Ammunition, Navy and Marine Corps</quote>,
$317,100,000, to remain available until September 30, 2014:
<proviso><italic>Provided</italic></proviso>, 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.</text>
</appropriations-intermediate><appropriations-intermediate commented="no" id="id73A02C97C8114020BA8F4C071910F460"><header display-inline="yes-display-inline">Other Procurement, Navy</header><text display-inline="no-display-inline">For an additional amount for <quote>Other
Procurement, Navy</quote>, $236,125,000, to remain available until September
30, 2014:
<proviso><italic>Provided</italic></proviso>, 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.</text>
</appropriations-intermediate><appropriations-intermediate commented="no" id="idF2C09B41B0DB46C2AE6858CBC28F3FC9"><header display-inline="yes-display-inline">Procurement, Marine Corps</header><text display-inline="no-display-inline">For an additional amount for
<quote>Procurement, Marine Corps</quote>, $1,233,996,000, to remain available
until September 30, 2014:
<proviso><italic>Provided</italic></proviso>, 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.</text>
</appropriations-intermediate><appropriations-intermediate commented="no" id="id53082379118A4B68A35629D68F78E06C"><header display-inline="yes-display-inline">Aircraft Procurement, Air
Force</header><text display-inline="no-display-inline">For an additional amount
for <quote>Aircraft Procurement, Air Force</quote>, $1,235,777,000, to remain
available until September 30, 2014:
<proviso><italic>Provided</italic></proviso>, 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.</text>
</appropriations-intermediate><appropriations-intermediate commented="no" id="id67078994C10D4973AC155C9B1E2E065C"><header display-inline="yes-display-inline">Missile Procurement, Air
Force</header>
</appropriations-intermediate><appropriations-intermediate commented="no" id="idD378C31FF4E244F6863B267B77291045"><text display-inline="no-display-inline">For an additional amount for <quote>Missile
Procurement, Air Force</quote>, $41,220,000, to remain available until
September 30, 2014:
<proviso><italic>Provided</italic></proviso>, 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.</text>
</appropriations-intermediate><appropriations-intermediate commented="no" id="idB980855886764AB2B5C20B004649CBED"><header display-inline="yes-display-inline">Procurement of Ammunition, Air
Force</header><text display-inline="no-display-inline">For an additional amount
for <quote>Procurement of Ammunition, Air Force</quote>, $109,010,000, to
remain available until September 30, 2014:
<proviso><italic>Provided</italic></proviso>, 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.</text>
</appropriations-intermediate><appropriations-intermediate commented="no" id="id9A7C7E58BF6D4C6EAAA2EE6E62A3242D"><header display-inline="yes-display-inline">Other Procurement, Air Force</header><text display-inline="no-display-inline">For an additional amount for <quote>Other
Procurement, Air Force</quote>, $3,088,510,000, to remain available until
September 30, 2014:
<proviso><italic>Provided</italic></proviso>, 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.</text>
</appropriations-intermediate><appropriations-intermediate commented="no" id="id5709AF05C5A948C9B7D97AB23D0D8EA1"><header display-inline="yes-display-inline">Procurement, Defense-Wide</header><text display-inline="no-display-inline">For an additional amount for
<quote>Procurement, Defense-Wide</quote>, $405,768,000, to remain available
until September 30, 2014:
<proviso><italic>Provided</italic></proviso>, 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.</text>
</appropriations-intermediate><appropriations-intermediate commented="no" id="id9AD7A6E60C384BE8A58F38D09A1AEB5B"><header>National Guard and Reserve
Equipment</header><text display-inline="no-display-inline">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:
<proviso><italic>Provided</italic></proviso>, 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:
<proviso><italic> Provided further,</italic></proviso> 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.</text>
</appropriations-intermediate><appropriations-intermediate commented="no" id="idFB430ECE71C847E998C6C98E4184E0CB"><header display-inline="yes-display-inline">Mine Resistant Ambush Protected Vehicle
Fund</header>
</appropriations-intermediate><appropriations-small commented="no" id="id454B7904585640058B76FC74FB14AF1F"><header display-inline="yes-display-inline">(including transfer of funds)</header><text display-inline="no-display-inline">For the Mine Resistant Ambush Protected
Vehicle Fund, $2,600,170,000, to remain available until September 30, 2013:
<proviso><italic>Provided</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, That this
transfer authority is in addition to any other transfer authority available to
the Department of Defense:
<proviso><italic>Provided further</italic>,</proviso> 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:
<proviso><italic>Provided further</italic></proviso>, 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.</text>
</appropriations-small><appropriations-major commented="no" id="idFFFAB2E723B84F0CB65DF4B17FBF73FB"><header display-inline="yes-display-inline">Research, Development, Test and
Evaluation</header>
</appropriations-major><appropriations-intermediate commented="no" id="idC6A9C08EA0B94F8782D02DF1E6AF0DC3"><header display-inline="yes-display-inline">Research, Development, Test and Evaluation,
Army</header><text display-inline="no-display-inline">For an additional amount
for <quote>Research, Development, Test and Evaluation, Army</quote>,
$18,513,000, to remain available until September 30, 2013:
<proviso><italic>Provided</italic></proviso>, 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.</text>
</appropriations-intermediate><appropriations-intermediate commented="no" id="id71271A8F4E7E4E85B7F2A584A8656F97"><header display-inline="yes-display-inline">Research, Development, Test and Evaluation,
Navy</header><text display-inline="no-display-inline">For an additional amount
for <quote>Research, Development, Test and Evaluation, Navy</quote>,
$53,884,000, to remain available until September 30, 2013:
<proviso><italic>Provided</italic></proviso>, 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.</text>
</appropriations-intermediate><appropriations-intermediate commented="no" id="id80EF2969ED0743ECA09FCDC38FC43359"><header display-inline="yes-display-inline">Research, Development, Test and Evaluation,
Air Force</header><text display-inline="no-display-inline">For an additional
amount for <quote>Research, Development, Test and Evaluation, Air
Force</quote>, $259,600,000, to remain available until September 30, 2013:
<proviso><italic>Provided</italic></proviso>, 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.</text>
</appropriations-intermediate><appropriations-intermediate commented="no" id="idDCE082C64D734B8BAF50E09C7B4A88A8"><header display-inline="yes-display-inline">Research, Development, Test and Evaluation,
Defense-Wide</header><text display-inline="no-display-inline">For an additional
amount for <quote>Research, Development, Test and Evaluation,
Defense-Wide</quote>, $194,361,000, to remain available until September 30,
2013:
<proviso><italic>Provided</italic></proviso>, 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.</text>
</appropriations-intermediate><appropriations-major commented="no" id="id402619F0E7584A2C894E1A42224EAE8B"><header display-inline="yes-display-inline">Revolving and Management
Funds</header>
</appropriations-major><appropriations-intermediate commented="no" id="idC74DAFB7215D4FA5B97264DA471DD99B"><header display-inline="yes-display-inline">Defense Working Capital Funds</header><text display-inline="no-display-inline">For an additional amount for <quote>Defense
Working Capital Funds</quote>, $435,013,000:
<proviso><italic>Provided</italic></proviso>, 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.</text>
</appropriations-intermediate><appropriations-major commented="no" id="id3F05A61235FF4DC7B6EBF772DB9DA49B"><header display-inline="yes-display-inline">Other Department of Defense
Programs</header>
</appropriations-major><appropriations-intermediate commented="no" id="id9DC12FC1E5E342ABB86BBCCF082C0351"><header display-inline="yes-display-inline">Defense Health Program</header><text display-inline="no-display-inline">For an additional amount for <quote>Defense
Health Program</quote>, $1,228,288,000, which shall be for operation and
maintenance, to remain available until September 30, 2012:
<proviso><italic>Provided</italic></proviso>, 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.</text>
</appropriations-intermediate><appropriations-intermediate commented="no" id="id70E63C32C6F14DA4B344C22A3CF4BCE7"><header display-inline="yes-display-inline">Drug Interdiction and Counter-Drug
Activities, Defense</header><text display-inline="no-display-inline">For an
additional amount for <quote>Drug Interdiction and Counter-Drug Activities,
Defense</quote>, $456,458,000, to remain available until September 30, 2013:
<proviso><italic>Provided</italic></proviso>, 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.</text>
</appropriations-intermediate><appropriations-intermediate commented="no" id="id9726DA7697E44360A8608FE44D550339"><header display-inline="yes-display-inline">Joint Improvised Explosive Device Defeat
Fund</header>
</appropriations-intermediate><appropriations-small commented="no" id="id7375CD1F29C547B3BE62A9AF5E090101"><header display-inline="yes-display-inline">(including transfer of funds)</header><text display-inline="no-display-inline">For the <quote>Joint Improvised Explosive
Device Defeat Fund</quote>, $2,441,984,000, to remain available until September
30, 2014:
<proviso><italic>Provided</italic>,</proviso> 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:
<proviso><italic>Provided further</italic>,</proviso> 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:
<proviso><italic>Provided further</italic>,</proviso> That this
transfer authority is in addition to any other transfer authority available to
the Department of Defense:
<proviso><italic>Provided further</italic>,</proviso> 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:
<proviso><italic>Provided further</italic></proviso>, 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.</text>
</appropriations-small><appropriations-intermediate commented="no" id="id8136281D0E9A434793C26A82671C1D19"><header display-inline="yes-display-inline">Office of the Inspector
General</header><text display-inline="no-display-inline">For an additional
amount for the <quote>Office of the Inspector General</quote>, $11,055,000:
<proviso><italic>Provided</italic></proviso>, 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.</text>
</appropriations-intermediate><appropriations-major commented="no" id="id8353C51D219749D1930246AA84A52CDB"><header display-inline="yes-display-inline">GENERAL PROVISIONS—THIS
TITLE</header>
</appropriations-major><section commented="no" display-inline="no-display-inline" id="idEC298FA1CFCC4D76AB2B298680484F8C" section-type="subsequent-section"><enum>9001.</enum><text display-inline="yes-display-inline">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.</text>
<appropriations-small commented="no" id="id7136706AFD9643E2849E7F76E9AC420F"><header display-inline="yes-display-inline">(including transfer of
funds)</header>
</appropriations-small></section><section commented="no" display-inline="no-display-inline" id="id1A33BC4D63D0459193C2FFAA0ACBA4A2" section-type="subsequent-section"><enum>9002.</enum><text display-inline="yes-display-inline">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:
<proviso><italic>Provided</italic></proviso>, That the Secretary
shall notify the Congress promptly of each transfer made pursuant to the
authority in this section:
<proviso><italic>Provided further</italic></proviso>, 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.</text>
</section><section commented="no" display-inline="no-display-inline" id="id40D6E59D401841DC84D1D52DBC6B9378" section-type="subsequent-section"><enum>9003.</enum><text display-inline="yes-display-inline">Supervision and administration costs
associated with a construction project funded with appropriations available for
operation and maintenance, <quote>Afghanistan Infrastructure Fund</quote>, or
the <quote>Afghanistan Security Forces Fund</quote> 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:
<proviso><italic>Provided</italic></proviso>, That for the purpose of
this section, supervision and administration costs include all in-house
Government costs.</text>
</section><section commented="no" display-inline="no-display-inline" id="idDD311CF047934F60956E2827D67D70F1" section-type="subsequent-section"><enum>9004.</enum><text display-inline="yes-display-inline">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.</text>
</section><section commented="no" display-inline="no-display-inline" id="id2C570AF169DE4ECBA6F23B821083C32F" section-type="subsequent-section"><enum>9005.</enum><text display-inline="yes-display-inline">Not to exceed $400,000,000 of the amount
appropriated in this title under the heading <quote>Operation and Maintenance,
Army</quote> 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:
<proviso><italic>Provided</italic>,</proviso> That each project
(including any ancillary or related elements in connection with such project)
executed under this authority shall not exceed $20,000,000:
<proviso><italic>Provided further</italic>,</proviso> 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:
<proviso><italic>Provided further</italic>,</proviso> 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:
<proviso><italic>Provided further</italic>,</proviso> 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:</text>
<paragraph id="id37145CEE66A444A7BF3BE43899A9C69A"><enum>(1)</enum><text display-inline="yes-display-inline">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.</text>
</paragraph><paragraph id="id7DE4354D59624D9F8E21799A4FD4684D"><enum>(2)</enum><text display-inline="yes-display-inline">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.</text>
</paragraph><paragraph id="id3FDDF4E5998B4FCCAC3A8A1017A5EDFC"><enum>(3)</enum><text display-inline="yes-display-inline">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.</text>
</paragraph></section><section commented="no" display-inline="no-display-inline" id="idFA85F2C3D21C4D8F9164B754F9D015A3" section-type="subsequent-section"><enum>9006.</enum><text display-inline="yes-display-inline">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:
<proviso><italic>Provided</italic></proviso>, That the Secretary of
Defense shall provide quarterly reports to the congressional defense committees
regarding support provided under this section.</text>
</section><section commented="no" display-inline="no-display-inline" id="idE23FD8C040494A5B8EDEC462FD09B760" section-type="subsequent-section"><enum>9007.</enum><text display-inline="yes-display-inline">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:</text>
<paragraph commented="no" display-inline="no-display-inline" id="id24361BD5BFBF495DA3C8F64A9D017F91"><enum>(1)</enum><text display-inline="yes-display-inline">To establish any military installation or
base for the purpose of providing for the permanent stationing of United States
Armed Forces in Iraq.</text>
</paragraph><paragraph commented="no" display-inline="no-display-inline" id="id816F593E63E74BD6BAEBA9F93898F97F"><enum>(2)</enum><text display-inline="yes-display-inline">To exercise United States control over any
oil resource of Iraq.</text>
</paragraph><paragraph commented="no" display-inline="no-display-inline" id="id3AE48DB5C6E64B4B8DD3696F1D550AE2"><enum>(3)</enum><text display-inline="yes-display-inline">To establish any military installation or
base for the purpose of providing for the permanent stationing of United States
Armed Forces in Afghanistan.</text>
</paragraph></section><section commented="no" display-inline="no-display-inline" id="id115A8F04AB4B48DB9BC1EB9A58F724DC" section-type="subsequent-section"><enum>9008.</enum><text display-inline="yes-display-inline">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):</text>
<paragraph commented="no" display-inline="no-display-inline" id="idC47A582966DD47DFA12F3FE98597856F"><enum>(1)</enum><text display-inline="yes-display-inline">Section 2340A of title 18, United States
Code.</text>
</paragraph><paragraph commented="no" display-inline="no-display-inline" id="id1CC68C58CA784EC3B9E5AB2B6406A101"><enum>(2)</enum><text display-inline="yes-display-inline">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.</text>
</paragraph><paragraph commented="no" display-inline="no-display-inline" id="id30A56183A01A48959C011BDA2654E307"><enum>(3)</enum><text display-inline="yes-display-inline">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).</text>
</paragraph></section><section commented="no" id="id4B2EE913AC764FE08A4AF56670F64C72"><enum>9009.</enum><text display-inline="yes-display-inline">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:
<proviso><italic>Provided</italic></proviso>, 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:
<proviso><italic> Provided further,</italic></proviso> 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):
<proviso><italic> Provided further,</italic></proviso> 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.</text>
</section><section id="H32027D222232489F8AD8632DA80DBC1E"><enum>9010.</enum><subsection commented="no" display-inline="yes-display-inline" id="HAB8D2FEE522F4AD0818AF66AA45EF2CA"><enum>(a)</enum><header>Funding for Outreach
and Reintegration Services Under Yellow Ribbon Reintegration
Program</header><text display-inline="yes-display-inline">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).</text>
</subsection><subsection commented="no" display-inline="no-display-inline" id="H85442032B39F4D828CFF7C537182C680"><enum>(b)</enum><header>Supplement Not
Supplant</header><text display-inline="yes-display-inline">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.</text>
</subsection></section><section commented="no" display-inline="no-display-inline" id="id786D623884C148EFAE5C39A06FF92FCE" section-type="subsequent-section"><enum>9011.</enum><text display-inline="yes-display-inline">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:
<proviso><italic>Provided</italic></proviso>, 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.</text>
</section><section id="id7390278A59FB47A680865B61FD7D1E25"><enum>9012.</enum><text display-inline="yes-display-inline">Notwithstanding any other provision of law,
up to $150,000,000 of funds made available in this title under the heading
<quote>Operation and Maintenance, Army</quote> 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:
<proviso><italic>Provided</italic>,</proviso> 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.</text>
</section><section commented="no" display-inline="no-display-inline" id="id992091E15BE94832A8263DF50AFB5A5A"><enum>9013.</enum><text display-inline="yes-display-inline">From funds made available to the Department
of Defense in this title under the heading <quote>Operation and Maintenance,
Air Force</quote> 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:
<proviso><italic>Provided</italic></proviso>, 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.</text>
</section><section commented="no" display-inline="no-display-inline" id="idFE685F60C4734DD693EFD4B124DBC2CD"><enum>9014.</enum><text display-inline="yes-display-inline">The amounts appropriated in title IX of
this Act are hereby reduced by $4,042,500,000 to reflect reduced troop strength
in theater:
<proviso><italic>Provided</italic>,</proviso> That the reductions
shall be applied to the military personnel and operation and maintenance
appropriations only:
<proviso><italic>Provided further</italic>,</proviso> 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.</text>
</section><section id="id9D7B26A0A1EB4E1F98DA7B8B926DF30C"><enum>9015.</enum><text display-inline="yes-display-inline">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:
<proviso><italic>Provided</italic></proviso>, 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:</text>
<paragraph id="id34117D34152B4D37A51257FBB316C45A"><enum></enum><text display-inline="yes-display-inline"><quote>Overseas Contingency Operations
Transfer Fund, 2010</quote>, $356,810,000;</text>
</paragraph><paragraph id="idA88EEFCB530F4F969FF546114C175589"><enum></enum><text display-inline="yes-display-inline"><quote>Procurement of Ammunition, Army,
2010/2012</quote>, $21,000,000;</text>
</paragraph><paragraph id="id2966B660CA4E4323B73C3DFF6FE1FC2E"><enum></enum><text display-inline="yes-display-inline"><quote>Other Procurement, Air Force,
2010/2012</quote>, $2,250,000.</text>
</paragraph><paragraph id="idD626EC48841F4A95923A61692128E78A"><enum></enum><text display-inline="yes-display-inline">This division may be cited as the
<quote><short-title>Department of Defense Appropriations
Act, 2012</short-title></quote>.<pagebreak></pagebreak></text>
</paragraph></section>BENERGY AND WATER
DEVELOPMENT APPROPRIATIONS ACT, 2012
<enum>I</enum><header display-inline="no-display-inline">Corps of Engineers—Civil</header>
<appropriations-major id="id8f43f6c7-5cb6-4ae3-8c00-a1400d51511e"><header>Department of the
army</header>
</appropriations-major><appropriations-intermediate id="id85c37dbd-7cd2-41f6-925b-6cf3313f71a7"><header>Corps of
engineers—civil</header><text display-inline="no-display-inline">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.</text>
</appropriations-intermediate><appropriations-small id="idf94e20af-911d-48fd-8bcc-a353de563370"><header>Investigations</header><text display-inline="no-display-inline">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.</text>
</appropriations-small><appropriations-small id="id5580f709-0aa5-4634-a1c9-b337def8108c"><header>Construction</header>
</appropriations-small><appropriations-small id="HC2CCC94E0B51409FB208A64C6F28F48D"><text display-inline="no-display-inline">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.</text>
</appropriations-small><appropriations-small id="id366a0dbc-52ea-4bf0-b24f-f8652ddcf815"><header>Mississippi river and
tributaries</header><text display-inline="no-display-inline">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.</text>
</appropriations-small><appropriations-small id="ide223666f-65f3-48ef-a6e1-fe7e5be642ac"><header>Operation and
maintenance</header><text display-inline="no-display-inline">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:
<proviso><italic>Provided</italic></proviso>, 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.</text>
</appropriations-small><appropriations-small id="id8b3a0c87-8fc2-47ea-9927-735d5500044a"><header>Regulatory
program</header><text display-inline="no-display-inline">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.</text>
</appropriations-small><appropriations-small id="id3d1063ed-3eba-4301-ba73-e0066debc969"><header>Formerly utilized sites
remedial action program</header><text display-inline="no-display-inline">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.</text>
</appropriations-small><appropriations-small id="id130834FB2CB641539514562CBCF553DB"><header>Flood
control and coastal emergencies</header><text display-inline="no-display-inline">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.</text>
</appropriations-small><appropriations-small id="idB72E207546FE44D8AA84BB01D6783A31"><header>Expenses</header><text display-inline="no-display-inline">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:
<proviso><italic>Provided</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, 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.</text>
</appropriations-small><appropriations-small id="id084f2127-c1d9-42c4-a7bf-807fd2aa730e"><header>Office of the assistant
secretary of the army for civil works</header><text display-inline="no-display-inline">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.</text>
</appropriations-small><appropriations-small id="idcee2b8d5-5201-42ac-8394-5a3a8b18b106"><header>Administrative
provision</header><text display-inline="no-display-inline">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.</text>
</appropriations-small><appropriations-small id="iddb6237fd-ce58-4403-ab9c-51aa04d7aeef"><header>General provisions—corps of
engineers—civil</header>
</appropriations-small><appropriations-small id="id27001D551EDD4C9D8953943831DA0B60"><header>(including transfers of
funds)</header>
</appropriations-small><section id="idc53f2b64-1471-414f-8699-b589dacb9662"><enum>101.</enum><subsection commented="no" display-inline="yes-display-inline" id="id54e0eb0a-382c-4e6b-82e4-162f67eb9a30"><enum>(a)</enum><text display-inline="yes-display-inline">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:</text>
<paragraph id="id354395b9-3ba7-405f-a938-c7207a7b596a"><enum>(1)</enum><text>creates or
initiates a new program, project, or activity;</text>
</paragraph><paragraph id="id1eab9242-5434-487a-bb0b-c537dcf396bf"><enum>(2)</enum><text>eliminates a
program, project, or activity;</text>
</paragraph><paragraph id="id53e5acb3-6a09-4d05-b055-fa19e4317a71"><enum>(3)</enum><text>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;</text>
</paragraph><paragraph id="idd5d7585c-d34b-4ffa-80af-1706a26d2f41"><enum>(4)</enum><text>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;</text>
</paragraph><paragraph id="idffa258ae-f403-4060-a172-f04e0ed4ef45"><enum>(5)</enum><text>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;</text>
</paragraph><paragraph id="HE7F8546C42C443B4816870CFDEB54175"><enum>(6)</enum><header>Investigations</header><text>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:
<proviso><italic>Provided</italic></proviso>, That for a base level
less than $100,000, the reprogramming limit is $25,000:
<proviso><italic> Provided further,</italic></proviso> 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;</text>
</paragraph><paragraph id="HA5F8C1B54AE64C78A7A80B0837556041"><enum>(7)</enum><header>Construction</header><text>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:
<proviso><italic>Provided</italic></proviso>, That for a base level
less than $2,000,000, the reprogramming limit is $300,000:
<proviso><italic> Provided further,</italic></proviso> That up to
$3,000,000 may be reprogrammed for settled contractor claims, changed
conditions, or real estate deficiency judgments:
<proviso><italic> Provided further,</italic></proviso> 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;</text>
</paragraph><paragraph id="H29F2B1EA34B6404981FDBC3A3867CC75"><enum>(8)</enum><header>Operation and
maintenance</header><text>Unlimited reprogramming authority is granted in order
for the Corps to be able to respond to emergencies:
<proviso><italic>Provided</italic></proviso>, That the Chief of
Engineers must notify the House and Senate Committees on Appropriations of
these emergency actions as soon thereafter as practicable:
<proviso><italic> Provided further,</italic></proviso> 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:
<proviso><italic> Provided further,</italic></proviso> That for a
base level less than $1,000,000, the reprogramming limit is $150,000:
<proviso><italic> Provided further,</italic></proviso> That $150,000
may be reprogrammed into any continuing study or activity that did not receive
an appropriation;</text>
</paragraph><paragraph id="H9E22C81FA1A94D77A688D76F1BA28E28"><enum>(9)</enum><header>Mississippi
river and tributaries</header><text>The same reprogramming guidelines for the
Investigations, Construction, and Operation and Maintenance portions of the
Mississippi River and Tributaries Account as listed above; and</text>
</paragraph><paragraph id="HD68430FAE73449D990BDD3C65B71A611"><enum>(10)</enum><header>Formerly
utilized sites remedial action program</header><text>Reprogramming of up to 15
percent of the base of the receiving project is permitted.</text>
</paragraph></subsection><subsection id="id43700bdd-7e8c-4001-88b1-e15b9bf9f7eb"><enum>(b)</enum><header>De minimus
reprogrammings</header><text>In no case should a reprogramming for less than
$50,000 be submitted to the House and Senate Committees on
Appropriations.</text>
</subsection><subsection id="id38C94FB1AFB04AD39ADCFA25F036E753"><enum>(c)</enum><header>Continuing
authorities program</header><text>Subsection (a)(1) shall not apply to any
project or activity funded under the continuing authorities program.</text>
</subsection><subsection id="idD5A532A0843945FF9834DA0C2AA224FE"><enum>(d)</enum><text>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:
<proviso><italic>Provided</italic></proviso>, That the report shall
include:</text>
<paragraph id="idAEAC898948A846739C41C32FB21C78AA"><enum>(1)</enum><text>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;</text>
</paragraph><paragraph id="id8AF4768E0D85489C9D5F98C96178AE0B"><enum>(2)</enum><text>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</text>
</paragraph><paragraph id="id70B51C383D36437B8B6399A3C29A49CE"><enum>(3)</enum><text>An identification
of items of special congressional interest.</text>
</paragraph></subsection></section><section id="ID873E31024453420CAE404E6149B703A5"><enum>102.</enum><text>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.</text>
</section><section id="H41BDCC46A9534358BBE0FB7C02BA978D"><enum>103.</enum><text display-inline="yes-display-inline">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.</text>
</section><section id="idB6B3CF37988E434B88938962D6D2AA44"><enum>104.</enum><text display-inline="yes-display-inline">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.</text>
</section><section id="id6a282907-bc99-4a5c-9664-760df2fcd4d4"><enum>105.</enum><text display-inline="yes-display-inline">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.</text>
</section><section id="H255CB9F09E4243A4BF1B4567489D1270"><enum>106.</enum><text display-inline="yes-display-inline">The Secretary is authorized to transfer to
<quote>Corps of Engineers—Civil—Construction</quote> up to $100,000,000 of the
funds provided for reinforcing or replacing flood walls under the heading
<quote>Corps of Engineers—Civil—Flood Control and Coastal Emergencies</quote>
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 <quote>Corps of
Engineers—Civil—Flood Control and Coastal Emergencies</quote> in Public Law
110–28, to be used with funds provided for the West Bank and Vicinity project
under the heading <quote>Corps of Engineers—Civil—Construction</quote> 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.</text>
</section><section id="H6685326A5780448A9B952F46E754DA8E"><enum>107.</enum><text display-inline="yes-display-inline">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
<quote>Operation and Maintenance</quote> to mitigate for fisheries lost due to
Corps of Engineers projects.</text>
</section><section id="H2710704FADDB45979D3698497217A52D"><enum>108.</enum><text display-inline="yes-display-inline">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.</text>
</section><section id="HDC1B4E1E5AEE434F8014EEAED4E79B3D"><enum>109.</enum><subsection commented="no" display-inline="yes-display-inline" id="H981C9F7867454AF38BA663989847A821"><enum>(a)</enum><header>Acquisition</header><text>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.</text>
</subsection><subsection id="HD1F60B98C1D44F7C8116D263F2006F7A"><enum>(b)</enum><header>Revolving
Fund</header><text>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.</text>
</subsection><subsection id="HB0611E1230544DD8A3CC5B396AC786E1"><enum>(c)</enum><header>Right of First
Refusal</header><text>The Secretary may provide the Seller of any real property
and associated property interests identified in subsection (a)—</text>
<paragraph id="H563670375D2A45B3AC5E3EDBB9AC0D03"><enum>(1)</enum><text>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.</text>
</paragraph><paragraph id="H010587DDD8A54536844E981645F33136"><enum>(2)</enum><text>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.</text>
</paragraph><paragraph id="H186F824CE7AA47098B59F20917A0ABE2"><enum>(3)</enum><text>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.</text>
</paragraph></subsection><subsection id="HCE2BA579F54943458E158BC8436ACFF9"><enum>(d)</enum><header>Disposal</header><text>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.</text>
</subsection></section><section id="H1D038C59AAFE4A2C97E86D343BA1AB25"><enum>110.</enum><text display-inline="yes-display-inline">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.</text>
</section><section id="id8E6796DD79A647A9A253EA2C80950B28"><enum>111.</enum><subsection commented="no" display-inline="yes-display-inline" id="idCCEAD8355926479D84F10F5E485C793A"><enum>(a)</enum><text display-inline="yes-display-inline">Section 5 of the Act entitled <quote>An Act
authorizing the construction of certain public works on rivers and harbors for
flood control, and for other purposes,</quote> approved June 22, 1936, (33
U.S.C. 701h), is amended by—</text>
<paragraph display-inline="no-display-inline" id="id65A213A174784AF9A42080C1B9D65B2B"><enum>(1)</enum><text display-inline="yes-display-inline">inserting <quote>for work, which includes
planning and design,</quote> before <quote>to be expended</quote>;</text>
</paragraph><paragraph display-inline="no-display-inline" id="id276A360E8BB04B18B8C1289FCB534FD0"><enum>(2)</enum><text display-inline="yes-display-inline">striking <quote>flood control or
environmental restoration work</quote> and inserting <quote>water resources
development study or project</quote>; and</text>
</paragraph><paragraph display-inline="no-display-inline" id="id39C0FC56A3C74A319DC80195695F23E0"><enum>(3)</enum><text display-inline="yes-display-inline">inserting <quote>:
<proviso><italic>Provided further</italic></proviso>, That the term
<term>States</term> means the several States, the District of Columbia, the
commonwealths, territories, and possessions of the United States, and Federally
recognized Indian tribes</quote> before the period.</text>
</paragraph></subsection><subsection commented="no" display-inline="no-display-inline" id="id8992F57E7EA5427FB8AF58CA570D57B4"><enum>(b)</enum><text display-inline="yes-display-inline">The Secretary shall notify the appropriate
committees of Congress prior to initiation of negotiations for accepting
contributed funds under 33 U.S.C. 701h.</text>
</subsection></section><section id="id77EDF6800D7F4B7C844D8A0C678BD4D0"><enum>112.</enum><text display-inline="yes-display-inline">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:</text>
<paragraph id="id0DDC548650EB4E26BF00555B2AEF4357"><enum>(1)</enum><text display-inline="yes-display-inline">The reversionary interest and use
restrictions related to port and industrial purposes;</text>
</paragraph><paragraph id="idD397286C6C3346C3A5A6CD2E53ECD894"><enum>(2)</enum><text display-inline="yes-display-inline">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</text>
</paragraph><paragraph id="idF034F701814643588D11C30EDF0237C1"><enum>(3)</enum><text display-inline="yes-display-inline">The right of the District Engineer to
object to, and thereby prevent, in his/her discretion, such activity.</text>
</paragraph></section><section id="idA2A9A3CB3F774E6FA4DCEDD0DEFD79C2"><enum>113.</enum><text display-inline="yes-display-inline">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.</text>
</section><section id="id77651549FF3A4B708266F73FED56A8DE"><enum>114.</enum><text display-inline="yes-display-inline">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.</text>
</section><section id="id52604144F4034479B2E3F214438E4DE2"><enum>115.</enum><text display-inline="yes-display-inline">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:</text>
<quoted-block display-inline="no-display-inline" id="id977E3C27FE644B88889EB539149E6E05" style="appropriations">
<subsection id="id268E5CEF669B4F08A8AB2518D2E55068"><enum>(b)</enum><header>Disposition of
Acquired Land</header><text display-inline="yes-display-inline">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.</text>
</subsection><after-quoted-block>.</after-quoted-block></quoted-block>
</section><section id="idB912D0BB49BD44B686A5C0917DABCDC5"><enum>116.</enum><text display-inline="yes-display-inline">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.</text>
</section><section id="id552B3147352045279425DC1A23836403"><enum>117.</enum><subsection commented="no" display-inline="yes-display-inline" id="id4379AC01AE8E4EC9929AD75EA342E336"><enum>(a)</enum><text display-inline="yes-display-inline">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.</text>
</subsection><subsection commented="no" display-inline="no-display-inline" id="id24ECCBDAFD35467BA997237C64FFFB1D"><enum>(b)</enum><text display-inline="yes-display-inline">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.</text>
</subsection></section><section id="H37821AAB2C114EB0BE1A94BD9BC0D252"><enum>118.</enum><text display-inline="yes-display-inline">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.</text>
</section><section id="HFF9F310206A540008445844FA850807D"><enum>119.</enum><text display-inline="yes-display-inline">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).</text>
</section><section id="HF4AFD2AB658B40549C9A70E5223E2896"><enum>120.</enum><text display-inline="yes-display-inline">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.
<pagebreak></pagebreak></text>
</section><enum>II</enum><header display-inline="no-display-inline">Department of the Interior</header>
<appropriations-intermediate id="IDF1FC8500CCA44AF2982B212A9B18C51E"><header>Central utah
project</header>
</appropriations-intermediate><appropriations-small id="IDE4706A1979884C08B86B6DE7507D56B7"><header>Central
utah project completion account</header><text display-inline="no-display-inline">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.</text>
</appropriations-small><appropriations-intermediate commented="no" id="H8F06CB35E5FB4CDC99C140F851413FA8"><header>Bureau of
reclamation</header><text display-inline="no-display-inline">The following
appropriations shall be expended to execute authorized functions of the Bureau
of Reclamation:</text>
</appropriations-intermediate><appropriations-small id="id1a23d64f-6d4b-4a43-8e7b-13e22916e0d3"><header>Water
and related resources</header>
</appropriations-small><appropriations-small id="id2d479ce2-ee15-40a2-a403-d1468a4bacd0"><header>(including transfers of
funds)</header><text display-inline="no-display-inline">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:
<proviso><italic>Provided</italic>,</proviso> That such transfers may
be increased or decreased within the overall appropriation under this heading:
<proviso><italic>Provided further</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, That funds
contributed under 43 U.S.C. 395 are available until expended for the purposes
for which contributed:
<proviso><italic>Provided further</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, 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.</text>
</appropriations-small><appropriations-small id="idfa05b1fa-26f7-4c04-958c-5c9f5a0da759"><header>Central valley project
restoration fund</header><text display-inline="no-display-inline">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:
<proviso><italic>Provided</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, 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.</text>
</appropriations-small><appropriations-small id="id2add8a4b-54e6-484b-86b3-83182442fac6"><header>California bay-delta
restoration</header>
</appropriations-small><appropriations-small id="ide24ab574-db6b-4939-a2e6-ef2eb5439308"><header>(including transfers of
funds)</header><text display-inline="no-display-inline">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:
<proviso><italic>Provided</italic></proviso>, That funds appropriated
herein may be used for the Federal share of the costs of CALFED Program
management:
<proviso><italic>Provided further</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, 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.</text>
</appropriations-small><appropriations-small commented="no" id="id2d205ba6-1efb-4849-b27c-6bed78b845be"><header>Policy and
administration</header><text display-inline="no-display-inline">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:
<proviso><italic>Provided</italic></proviso>, That no part of any other
appropriation in this Act shall be available for activities or functions
budgeted as policy and administration expenses.</text>
</appropriations-small><appropriations-small id="H9EF36E0F3D334FF29012F4394F7526F5"><header>Administrative
provision</header><text display-inline="no-display-inline">Appropriations for
the Bureau of Reclamation shall be available for purchase of not to exceed five
passenger motor vehicles, which are for replacement
only.</text>
</appropriations-small><appropriations-major id="id94d8c7eb-9fad-4bf9-a35c-676993e8067f"><header>General
provisions—department of the interior</header>
</appropriations-major><section id="idc6ca1298-f766-43bc-84e1-489fec857110"><enum>201.</enum><subsection commented="no" display-inline="yes-display-inline" id="HDC6B6D46382140A2B8FF01417DCD17C7"><enum>(a)</enum><text display-inline="yes-display-inline">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—</text>
<paragraph id="idEC9D44A721D54DE2A52C2CCCFDC14885"><enum>(1)</enum><text display-inline="yes-display-inline">initiates or creates a new program,
project, or activity;</text>
</paragraph><paragraph id="id9EA11527BC844C0B8599D94EF104F7A9"><enum>(2)</enum><text display-inline="yes-display-inline">eliminates a program, project, or
activity;</text>
</paragraph><paragraph id="idF237CE6447F2432886E0486355E0FD22"><enum>(3)</enum><text display-inline="yes-display-inline">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;</text>
</paragraph><paragraph id="idDE4D5F25CF6E4E558E4AA2373D50A6B4"><enum>(4)</enum><text display-inline="yes-display-inline">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;</text>
</paragraph><paragraph id="id164B653684CA4B5BB619C3C082AEA316"><enum>(5)</enum><text display-inline="yes-display-inline">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:</text>
<subparagraph id="id2F621630661E4524917EA5E821A35F3D"><enum>(A)</enum><text display-inline="yes-display-inline">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</text>
</subparagraph><subparagraph id="id9385D2DC86BA4DD1B70A25338EB6C437"><enum>(B)</enum><text display-inline="yes-display-inline">$300,000 for any program, project or
activity for which less than $2,000,000 is available at the beginning of the
fiscal year;</text>
</subparagraph></paragraph><paragraph id="id79C3B89B9AAF4CE5B651038C67F43E1A"><enum>(6)</enum><text display-inline="yes-display-inline">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</text>
</paragraph><paragraph id="idD8DE3F5496294755964D157F940F4E39"><enum>(7)</enum><text display-inline="yes-display-inline">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.</text>
</paragraph></subsection><subsection id="id084C9DB76D2248488DF5FA0552A33AE1"><enum>(b)</enum><text display-inline="yes-display-inline">Subsection (a)(5) shall not apply to any
transfer of funds within the Facilities Operation, Maintenance, and
Rehabilitation category.</text>
</subsection><subsection id="idCA4C7FC5CF414E2C9B2CB70EFE85F780"><enum>(c)</enum><text display-inline="yes-display-inline">For purposes of this section, the term
<quote>transfer</quote> means any movement of funds into or out of a program,
project, or activity.</text>
</subsection><subsection id="idFF5D3552F40D4722B0FCB1F3D98FD7FA"><enum>(d)</enum><text display-inline="yes-display-inline">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.</text>
</subsection></section><section id="idFD37BCDAE6784AEFA45923BA60AE6C2F"><enum>202.</enum><subsection commented="no" display-inline="yes-display-inline" id="id324121EF50D04E95BBEC1AE795551175"><enum>(a)</enum><text display-inline="yes-display-inline">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.</text>
</subsection><subsection id="id708ef6cd-557a-4ce7-ac82-44c5946c6256"><enum>(b)</enum><text>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 <quote>Cleanup Program-Alternative Repayment Plan</quote> and the
<quote>SJVDP-Alternative Repayment Plan</quote> described in the report
entitled <quote>Repayment Report, Kesterson Reservoir Cleanup Program and San
Joaquin Valley Drainage Program, February 1995</quote>, 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.</text>
</subsection></section><section commented="no" display-inline="no-display-inline" id="HC6410515F373483DB49B6519D7FCD5B1" section-type="subsequent-section"><enum>203.</enum><text display-inline="yes-display-inline">Section 529(b)(3) of Public Law 106–541, as
amended by section 115 of Public Law 109–103, is further amended by striking
<quote>$20,000,000</quote> and inserting <quote>$30,000,000</quote> in lieu
thereof.</text>
</section><section commented="no" display-inline="no-display-inline" id="idB3F95491F2474934A4E5FB1EEA8CB4F0" section-type="subsequent-section"><enum>204.</enum><text display-inline="yes-display-inline">Section 8 of the Water Desalination Act of
1996 (42 U.S.C. 10301 note; Public Law 104–298) is amended—</text>
<paragraph commented="no" display-inline="no-display-inline" id="id36638C86EBAE459F96176A8F613E6401"><enum>(1)</enum><text display-inline="yes-display-inline">in subsection (a), in the first sentence,
by striking <quote>2011</quote> and inserting <quote>2013</quote>; and</text>
</paragraph><paragraph commented="no" display-inline="no-display-inline" id="id0BD9F0931BDB46ACB333784BB1FC560C"><enum>(2)</enum><text display-inline="yes-display-inline">in subsection (b), by striking
<quote>$25,000,000 for fiscal years 1997 through 2011</quote> and inserting
<quote>$3,000,000 for each of fiscal years 2012 through 2013</quote>.</text>
</paragraph></section><section commented="no" display-inline="no-display-inline" id="id3DF5A0647C7447E0B38915015D4453AB"><enum>205.</enum><text display-inline="yes-display-inline">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.</text>
</section><section commented="no" display-inline="no-display-inline" id="id2FBBF125BA434F2AB83200DC608996ED"><enum>206.</enum><text display-inline="yes-display-inline">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:
<proviso><italic>Provided</italic></proviso>, 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:
<proviso><italic> Provided further,</italic></proviso> 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:
<proviso><italic> Provided further,</italic></proviso> 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.</text>
</section><section commented="no" display-inline="no-display-inline" id="id4086E0A9F9D44991BE146453AD9EAB79"><enum>207.</enum><subsection commented="no" display-inline="yes-display-inline" id="idC8489E5820244207A758F8993F5DC692"><enum>(a)</enum><text display-inline="yes-display-inline">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).</text>
</subsection><subsection commented="no" display-inline="no-display-inline" id="idA03B83A7C87641FFBA46759BA6AAE0E1"><enum>(b)</enum><text display-inline="yes-display-inline">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.</text>
</subsection><subsection commented="no" display-inline="no-display-inline" id="id54583B9571DE48549739E088CFBC398F"><enum>(c)</enum><text display-inline="yes-display-inline">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.<pagebreak></pagebreak></text>
</subsection></section><section commented="no" display-inline="no-display-inline" id="id4B0B0F9105404075B2C978A8915A3AEE"><enum>208.</enum><subsection commented="no" display-inline="yes-display-inline" id="id26D953CE8AE54EBEAF9FFC52DE3BC6ED"><enum>(a)</enum><header>Permitted
uses</header><text display-inline="yes-display-inline">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—</text>
<paragraph commented="no" display-inline="no-display-inline" id="id5B2B948E9AD34E97AF681D8F2CD8360D"><enum>(1)</enum><text display-inline="yes-display-inline">in the matter preceding paragraph (1), by
striking <quote>In any case in which there are willing sellers</quote> and
inserting <quote>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</quote>;</text>
</paragraph><paragraph commented="no" display-inline="no-display-inline" id="id626B13EB04CA4B2AB6F1CD2AAFD746B0"><enum>(2)</enum><text display-inline="yes-display-inline">in paragraph (2), by striking <quote>in the
Walker River</quote> and all that follows through <quote>119 Stat.
2268)</quote>; and</text>
</paragraph><paragraph commented="no" display-inline="no-display-inline" id="idA6913F8933424BC1806594EDF00653E6"><enum>(3)</enum><text display-inline="yes-display-inline">in paragraph (3), by striking <quote>in the
Walker River Basin</quote>.</text>
</paragraph></subsection><subsection commented="no" display-inline="no-display-inline" id="id8F44E540BD754CE7A542DA3D495B99D3"><enum>(b)</enum><header>Walker basin
restoration program</header><text display-inline="yes-display-inline">Section
208(b) of the Energy and Water Development and Related Agencies Appropriations
Act, 2010 (Public Law 111–85; 123 Stat. 2858) is amended—</text>
<paragraph commented="no" display-inline="no-display-inline" id="id68A8E7BDC4934A19805C5AC04A10F650"><enum>(1)</enum><text display-inline="yes-display-inline">in paragraph (1)(B)(iv), by striking
<quote>exercise water rights</quote> and inserting <quote>manage land, water
appurtenant to the land, and related interests</quote>; and</text>
</paragraph><paragraph commented="no" display-inline="no-display-inline" id="id46955950935C4019960F8C66904ED229"><enum>(2)</enum><text display-inline="yes-display-inline">in paragraph (2)(A), by striking <quote>The
amount made available under subsection (a)(1) shall be provided to the National
Fish and Wildlife Foundation</quote> and inserting <quote>Any amount made
available to the National Fish and Wildlife Foundation under subsection (a)
shall be provided</quote>. <pagebreak></pagebreak></text>
</paragraph></subsection></section><enum>III</enum><header display-inline="no-display-inline">Department of Energy</header>
<appropriations-major id="idaeba2c0c-7656-4261-8987-dbad1766c877"><header>Energy
programs</header>
</appropriations-major><appropriations-intermediate id="idb8211554-8a51-43dd-919a-4ae590bc68a3"><header>Energy efficiency and
renewable energy</header>
</appropriations-intermediate><appropriations-small id="idEB7FF9DD27234D828727FE31B01E1193"><header>(including rescission of
funds)</header><text display-inline="no-display-inline">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:
<proviso><italic>Provided</italic></proviso>, That $165,000,000 shall
be available until September 30, 2013 for program direction:
<proviso><italic> Provided further,</italic></proviso> 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)):
<proviso><italic> Provided further,</italic></proviso> That of the
unobligated balances available under this heading, $9,909,000 are hereby
rescinded:
<proviso><italic> Provided further,</italic></proviso> 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.</text>
</appropriations-small><appropriations-intermediate id="id878d00b5-4d19-4cf3-8731-df2cebe00404"><header>Electricity delivery and
energy reliability</header><text display-inline="no-display-inline">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:
<proviso><italic>Provided</italic></proviso>, That $27,010,000 shall be
available until September 30, 2013 for program
direction.</text>
</appropriations-intermediate><appropriations-intermediate id="idd52ea0b3-b5d8-46f3-9876-e87daa9bf349"><header>Nuclear
energy</header><text display-inline="no-display-inline">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:
<proviso><italic>Provided</italic></proviso>, That $91,000,000 shall be
available until September 30, 2013 for program
direction.</text>
</appropriations-intermediate><appropriations-intermediate id="id079f253b-295d-43bd-b80e-f2678dd83373"><header>Fossil energy research and
development</header>
</appropriations-intermediate><appropriations-small id="id1A2BE95013E947C3B776C746A70F9013"><header>(including rescission of
funds)</header><text display-inline="no-display-inline">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:
<proviso><italic>Provided</italic></proviso>, That $120,000,000 shall
be available until September 30, 2013 for program direction:
<proviso><italic> Provided further,</italic></proviso> 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:
<proviso><italic> Provided further,</italic></proviso> That of
prior-year balances, $187,000,000 are hereby rescinded:
<proviso><italic>Provided further</italic>,</proviso> 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.</text>
</appropriations-small><appropriations-intermediate id="id8eca49d0-0d4e-4c67-9e44-9acf366ab941"><header>Naval petroleum and oil
shale reserves</header><text display-inline="no-display-inline">For expenses
necessary to carry out naval petroleum and oil shale reserve activities,
$14,909,000, to remain available until expended:
<proviso><italic>Provided</italic></proviso>, 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.</text>
</appropriations-intermediate><appropriations-intermediate id="id9791aa2f-9db8-4091-9326-1bd5afedfbda"><header>Strategic petroleum
reserve</header>
</appropriations-intermediate><appropriations-small commented="no" id="H9FDAEFA059854D39B2B66CC970CAD1FE"><text display-inline="no-display-inline">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.</text>
</appropriations-small><appropriations-intermediate id="idF601B210032C4EF989EF3CF4C6CC4B03"><header>SPR petroleum
account</header>
</appropriations-intermediate><appropriations-small id="id5FA8D456EC384BD0952974D6AD35C764"><header>(including rescission of
funds)</header><text display-inline="no-display-inline">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.</text>
</appropriations-small><appropriations-intermediate id="HE5D721C6A55441C6AD8042D0A660DDC3"><header>Northeast home heating oil
reserve</header>
</appropriations-intermediate><appropriations-small commented="no" id="H3C8484FBED004D858E4346CD63ABE440"><header>(including rescission of
funds)</header><text display-inline="no-display-inline">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:
<proviso><italic>Provided</italic></proviso>, That amounts net of the
purchase of 1 million barrels of petroleum distillates in fiscal year 2011;
costs related to transportation, delivery, and storage; and sales of petroleum
distillate from the Reserve under section 182 of the Energy Policy and
Conservation Act (42 U.S.C. 6250a) are hereby permanently rescinded:
<proviso><italic>Provided further</italic></proviso>, 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.</text>
</appropriations-small><appropriations-intermediate id="idb0822458-1715-4121-89cb-9c31ff17692b"><header>Energy information
administration</header><text display-inline="no-display-inline">For necessary
expenses in carrying out the activities of the Energy Information
Administration, $105,000,000, to remain available until
expended.</text>
</appropriations-intermediate><appropriations-intermediate id="idf485adda-5779-4b08-b8c4-443515c748ba"><header>Non-Defense environmental
cleanup</header><text display-inline="no-display-inline">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.</text>
</appropriations-intermediate><appropriations-intermediate id="id5de3e532-f135-46dc-a7db-99b108cf3c5f"><header>Uranium enrichment
decontamination and decommissioning fund</header><text display-inline="no-display-inline">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.</text>
</appropriations-intermediate><appropriations-intermediate id="idaaa5072b-f21e-45f5-a5fa-d9bff0cac061"><header>Science</header>
</appropriations-intermediate><appropriations-small commented="no" id="ida5fd6fa8-8946-4f04-b6f2-abf8829e833f"><text display-inline="no-display-inline">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:
<proviso><italic>Provided</italic></proviso>, That $185,000,000 shall
be available until September 30, 2013 for program
direction.</text>
</appropriations-small><appropriations-intermediate id="id3af6b50f-c0b3-4a1b-9a20-33c99e41ddde"><header>Advanced Research Projects
Agency—Energy</header><text display-inline="no-display-inline">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:
<proviso><italic>Provided</italic></proviso>, That $20,000,000 shall be
available until September 30, 2013 for program
direction.</text>
</appropriations-intermediate><appropriations-intermediate id="idA393F80F9F414FBC9805FC0D40649C58"><header>Title 17 innovative technology
loan guarantee program</header>
</appropriations-intermediate><appropriations-small id="idB54AB5F17FCF445C8CFDDCB4A453668C"><text display-inline="no-display-inline">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:
<proviso><italic>Provided</italic></proviso>, That for necessary
administrative expenses to carry out this Loan Guarantee program, $38,000,000
is appropriated, to remain available until expended:
<proviso><italic> Provided further,</italic></proviso> 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:
<proviso><italic> Provided further,</italic></proviso> That fees
collected under section 1702(h) in excess of the amount appropriated for
administrative expenses shall not be available until
appropriated.</text>
</appropriations-small><appropriations-intermediate id="id23cf5aab-f9c8-434c-a4fd-d530893a5ceb"><header>Advanced technology
vehicles manufacturing loan program</header><text display-inline="no-display-inline">For administrative expenses in carrying out
the Advanced Technology Vehicles Manufacturing Loan Program, $6,000,000, to
remain available until expended.</text>
</appropriations-intermediate><appropriations-intermediate id="idee747474-742d-4c9f-b850-6732e1a957c6"><header>Departmental
administration</header><text display-inline="no-display-inline">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.):
<proviso><italic>Provided</italic></proviso>, That such increases in
cost of work are offset by revenue increases of the same or greater amount, to
remain available until expended:
<proviso><italic>Provided further</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, 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.</text>
</appropriations-intermediate><appropriations-intermediate id="id9eff370d-1ecf-466b-bafd-a8c1c46b15c6"><header>Office of the inspector
general</header><text display-inline="no-display-inline">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.</text>
</appropriations-intermediate><appropriations-major id="id36912520-7f6e-42ba-b191-0d4f3918fea5"><header>Atomic energy defense
activities</header>
</appropriations-major><appropriations-major id="id806dbe46-f24b-467c-987a-800e702ddb98"><header>National nuclear security
administration</header>
</appropriations-major><appropriations-intermediate id="id1365a21f-7a70-458d-a1f1-fcffaef66c69"><header>Weapons
activities</header><text display-inline="no-display-inline">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:
<proviso><italic>Provided</italic></proviso>, 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.</text>
</appropriations-intermediate><appropriations-intermediate id="id320d3557-ff7c-4ac3-910a-9aed294efeba"><header>Defense nuclear
nonproliferation</header>
</appropriations-intermediate><appropriations-small commented="no" id="idD8368FB61FC74A3E80A6161CE80E7464"><header>(including rescission of
funds)</header><text display-inline="no-display-inline">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:
<proviso><italic>Provided</italic>,</proviso> That of the unobligated
balances available under this heading, $21,000,000 are hereby rescinded:
<proviso><italic>Provided further</italic></proviso>, 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.</text>
</appropriations-small><appropriations-intermediate id="id248eade5-8b34-4af0-b5b5-40e2cbb20c18"><header>Naval
reactors</header><text display-inline="no-display-inline">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:
<proviso><italic>Provided</italic></proviso>, That $40,000,000 shall be
available until September 30, 2013 for program
direction.</text>
</appropriations-intermediate><appropriations-intermediate id="idc76024db-bec4-4b0e-8eb5-a74c2dd3c422"><header>Office of the
administrator</header>
</appropriations-intermediate><appropriations-small id="id242cea59-69d9-403b-9587-a656b9a9143b"><text display-inline="no-display-inline">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.</text>
</appropriations-small><appropriations-major id="idd5b96742-39c8-45a0-881f-96c04a7ddb7a"><header>Environmental and other
defense activities</header>
</appropriations-major><appropriations-intermediate id="idedbee1c3-50ca-4650-ad2e-be83c7b074d6"><header>Defense environmental
cleanup</header>
</appropriations-intermediate><appropriations-small id="H901D879EE93F4DE2B3B0BA3E5229C20D"><text display-inline="no-display-inline">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:
<proviso><italic>Provided</italic></proviso>, That $321,628,000 shall
be available until September 30, 2013 for program
direction.</text>
</appropriations-small><appropriations-intermediate id="ide4abe75d-42a5-4a3e-ac57-3a46eb98b41b"><header>Other defense
activities</header><text display-inline="no-display-inline">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:
<proviso><italic>Provided</italic></proviso>, That $114,086,000 shall
be available until September 30, 2013 for program
direction.</text>
</appropriations-intermediate><appropriations-major id="id85e75d9a-188c-4e08-95ba-f2428276c385"><header>Power
marketing administrations</header>
</appropriations-major><appropriations-intermediate id="id4525e62d-ceec-4463-bf61-511628eb9ccf"><header>Bonneville power
administration fund</header><text display-inline="no-display-inline">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.</text>
</appropriations-intermediate><appropriations-intermediate id="id007c7167-4b87-41c0-8abc-377ca65eb9fd"><header>Operation and maintenance,
southeastern power administration</header><text display-inline="no-display-inline">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:
<proviso><italic>Provided</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, 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).</text>
</appropriations-intermediate><appropriations-intermediate id="id2509dde2-a70b-4333-b4a5-efff2e918c46"><header>Operation and maintenance,
southwestern power administration</header><text display-inline="no-display-inline">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:
<proviso><italic>Provided</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, 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).</text>
</appropriations-intermediate><appropriations-intermediate id="id21bcad7c-33d5-4e2a-8aca-6bc4de58c15e"><header>Construction,
rehabilitation, operation and maintenance, western area power
administration</header><text display-inline="no-display-inline">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:
<proviso><italic>Provided</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, 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).</text>
</appropriations-intermediate><appropriations-intermediate id="id694ce4a3-c97a-4ee6-96b5-171a316e7942"><header>Falcon and amistad
operating and maintenance fund</header><text display-inline="no-display-inline">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:
<proviso><italic>Provided</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, That for purposes
of this appropriation, annual expenses means expenditures that are generally
recovered in the same year that they are
incurred.</text>
</appropriations-intermediate><appropriations-intermediate id="id67f7801a-1163-4e3e-92e5-57488d71b7ab"><header>Federal energy regulatory
commission</header>
</appropriations-intermediate><appropriations-small id="id9b710d58-d127-467f-bdf8-28190104335f"><header>Salaries and
expenses</header><text display-inline="no-display-inline">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:
<proviso><italic>Provided</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, 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.</text>
</appropriations-small><appropriations-major id="HBAB4876F563F4F5F8CF3CE0123F0C789"><header>General
provisions—department of energy</header>
</appropriations-major><appropriations-small commented="no" id="H9743BEB3D8DE45BEAC1F55294A0B42D2"><header>(including rescission and
transfer of funds)</header>
</appropriations-small><section id="id4C2955FEDE9C4722BD190E6784A0526C"><enum>301.</enum><subsection commented="no" display-inline="yes-display-inline" id="idBB72D1E23A9C4E3887C94F8E5CBBE996"><enum>(a)</enum><text display-inline="yes-display-inline">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.</text>
</subsection><subsection id="ID8237f69fe5314046a1a48f4c8c0a8649"><enum>(b)</enum><text>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
<quote>Department of Energy—Energy Programs</quote>, 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.</text>
</subsection><subsection id="ID7c5f5e3a4b2f4b62b9878c43b9efc0b8"><enum>(c)</enum><text>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
<quote>Conference</quote> column in the <quote>Department of Energy</quote>
table included under the heading <quote>Title III—Department of Energy</quote>
in the explanatory statement described in section 4 (in the matter preceding
division A of this consolidated Act).</text>
</subsection><subsection id="ID7d06d232dbd34e729edab292d829dc0d"><enum>(d)</enum><text>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.</text>
</subsection><subsection id="ID76dc40536db9414d979e34520e99098e"><enum>(e)</enum><text>Notwithstanding
subsection (c), none of the funds provided in this title shall be available for
obligation or expenditure through a reprogramming of funds that—</text>
<paragraph id="ID91b4653622cf4955b6fae75543cf1b91"><enum>(1)</enum><text>creates,
initiates, or eliminates a program, project, or activity,</text>
</paragraph><paragraph id="ID4d4253df5f8144d6b1d4c794c525eef4"><enum>(2)</enum><text>increases funds
or personnel for any program, project, or activity for which funds are denied
or restricted by this Act, or</text>
</paragraph><paragraph id="ID82a639910e964b2ea285123194484c83"><enum>(3)</enum><text>reduces funds
that are directed to be used for a specific program, project, or activity by
this Act.</text>
</paragraph></subsection><subsection id="IDb593baa688474d95a64d27c0b4d28969"><enum>(f)</enum><paragraph commented="no" display-inline="yes-display-inline" id="id0B1D9E8B14DB4F88B2423F38D85A7F6E"><enum>(1)</enum><text>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.</text>
</paragraph><paragraph id="idD2B094C5F5FD4AA38F3532C7A4A11986" indent="up1"><enum>(2)</enum><text display-inline="yes-display-inline">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.</text>
</paragraph></subsection></section><section display-inline="no-display-inline" id="id47d315e4-2622-462f-842c-36ac84e2a770"><enum>302.</enum><text display-inline="yes-display-inline">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.</text>
</section><section display-inline="no-display-inline" id="id1c5cc1bc-1025-487c-9224-15bcaa468039"><enum>303.</enum><text display-inline="yes-display-inline">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.</text>
</section><section commented="no" display-inline="no-display-inline" id="HD296D24E1A3C40EF9AC8F7FF1BA41E7B" section-type="subsequent-section"><enum>304.</enum><subsection commented="no" display-inline="yes-display-inline" id="id04401BCC61E342B4BE0463DE3CD7134A"><enum>(a)</enum><header>Submission to
Congress</header><text display-inline="yes-display-inline">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.</text>
</subsection><subsection commented="no" display-inline="no-display-inline" id="id596C9F1BB64F45F7A0082CB4B99F2B83"><enum>(b)</enum><header>Elements</header><text display-inline="yes-display-inline">Each future-years energy program shall
contain the following:</text>
<paragraph commented="no" display-inline="no-display-inline" id="idFC4974E70D6B498CB72ED57F601D807B"><enum>(1)</enum><text display-inline="yes-display-inline">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.</text>
</paragraph><paragraph commented="no" display-inline="no-display-inline" id="idC45AFA6C02A94E7E9FE99AC5F4890EA8"><enum>(2)</enum><text display-inline="yes-display-inline">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.</text>
</paragraph><paragraph commented="no" display-inline="no-display-inline" id="id51FAED8E6F7F43A08F0D0C9769C7ED15"><enum>(3)</enum><text display-inline="yes-display-inline">A description of the anticipated workload
requirements for each DOE national laboratory during the 5-fiscal year
period.</text>
</paragraph></subsection><subsection commented="no" display-inline="no-display-inline" id="id1CD298E8B8E3465EA2F6297212C7C2A8"><enum>(c)</enum><header>Consistency in
budgeting</header>
<paragraph commented="no" display-inline="no-display-inline" id="id1569274BEC7642C398151BDC657B4ECE"><enum>(1)</enum><text display-inline="yes-display-inline">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.</text>
</paragraph><paragraph commented="no" display-inline="no-display-inline" id="id777CED686CF3452A87616C2E40CA7C15"><enum>(2)</enum><text display-inline="yes-display-inline">Amounts referred to in paragraph (1) are
the following:</text>
<subparagraph commented="no" display-inline="no-display-inline" id="id1F27BB6618E840C7918B87764A28C020"><enum>(A)</enum><text display-inline="yes-display-inline">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).</text>
</subparagraph><subparagraph commented="no" display-inline="no-display-inline" id="idAEA23EE4338343CC831853D946D2F9AD"><enum>(B)</enum><text display-inline="yes-display-inline">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.</text>
</subparagraph></paragraph></subsection></section><section commented="no" display-inline="no-display-inline" id="idBF3CFF2B04A941CD8A105F8C5BFC60DF"><enum>305.</enum><text display-inline="yes-display-inline">Section 1702 of the Energy Policy Act of
2005 (42 U.S.C. 16512) is amended—</text>
<paragraph commented="no" display-inline="no-display-inline" id="id95D0D5D12C844E8E8879CD00115CA199"><enum>(1)</enum><text display-inline="yes-display-inline">by striking subsection (b) and inserting
the following:</text>
<quoted-block display-inline="no-display-inline" id="id9132DE610FA84B98B236820DA03207A9" style="appropriations">
<subsection commented="no" display-inline="no-display-inline" id="idF469C7933FF44C84AAECFD69613EEE22"><enum>(b)</enum><header>Specific
appropriation or contribution</header>
<paragraph commented="no" display-inline="no-display-inline" id="idBFBD28944A814B16AFA80676A0A56B7D"><enum>(1)</enum><header>In
general</header><text>No guarantee shall be made unless—</text>
<subparagraph commented="no" display-inline="no-display-inline" id="idCEE4DF0F25D2496AA888850D06FA3A91"><enum>(A)</enum><text>an appropriation
for the cost of the guarantee has been made;</text>
</subparagraph><subparagraph commented="no" display-inline="no-display-inline" id="id63763C46114D4638AA09FE947DA2F142"><enum>(B)</enum><text>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</text>
</subparagraph><subparagraph commented="no" display-inline="no-display-inline" id="idA371AAB91D3B4815A074C33773D4CBB5"><enum>(C)</enum><text>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.</text>
</subparagraph></paragraph></subsection><after-quoted-block>.</after-quoted-block></quoted-block>
</paragraph></section><section commented="no" display-inline="no-display-inline" id="idCA6350D611B44A0B8FF1F8A14DF500EE"><enum>306.</enum><text display-inline="yes-display-inline">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.</text>
</section><section commented="no" display-inline="no-display-inline" id="idB0C7E84BC0BC4AA58A506C6A67A7E75E"><enum>307.</enum><text display-inline="yes-display-inline">In section 839b(h)(10)(B) of title 16,
United States Code, strike <quote>$1,000,000</quote> and insert
<quote>$2,500,000</quote>.</text>
</section><section id="H992547C149A54C5694445F4B4F6D78F4"><enum>308.</enum><text display-inline="yes-display-inline">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.</text>
</section><section commented="no" display-inline="no-display-inline" id="id53368F3B482449E88AA73510D7D7AE21"><enum>309.</enum><text display-inline="yes-display-inline">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.</text>
</section><section id="H6F0591CD30174F30846CC5E0C226BD87"><enum>310.</enum><text display-inline="yes-display-inline">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.</text>
</section><section commented="no" display-inline="no-display-inline" id="idDBE81B00C66D4A6AAE7490A67279480F"><enum>311.</enum><text display-inline="yes-display-inline">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:
<proviso><italic>Provided</italic></proviso>, 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:
<proviso><italic> Provided further,</italic></proviso> 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.</text>
</section><section commented="no" display-inline="no-display-inline" id="id7E07AF6C111D41E19941CD45FD0D544C"><enum>312.</enum><subsection commented="no" display-inline="yes-display-inline" id="id096460A151684460BFFACC2DF72A69EA"><enum>(a)</enum><text display-inline="yes-display-inline">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.</text>
</subsection><subsection commented="no" display-inline="no-display-inline" id="idBD8FBD9C5AAB4918B07EF8F24393C311"><enum>(b)</enum><text display-inline="yes-display-inline">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:</text>
<paragraph commented="no" display-inline="no-display-inline" id="id7E3C0098F3FA447DA4DB1C96C1EEF1C3"><enum>(1)</enum><text display-inline="yes-display-inline">the amount of uranium to be transferred,
sold, bartered, distributed, or otherwise provided;</text>
</paragraph><paragraph commented="no" display-inline="no-display-inline" id="idF092039D8F5F4E8FA662DA5AFEB38110"><enum>(2)</enum><text display-inline="yes-display-inline">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;</text>
</paragraph><paragraph commented="no" display-inline="no-display-inline" id="idC4A61BAF5371467D8C1A88E4C051FA4F"><enum>(3)</enum><text display-inline="yes-display-inline">the expected date of transfer, sale,
barter, distribution, or other provision of the uranium;</text>
</paragraph><paragraph commented="no" display-inline="no-display-inline" id="id400B356BFF3C415C811538EC169658DE"><enum>(4)</enum><text display-inline="yes-display-inline">the recipient of the uranium; and</text>
</paragraph><paragraph commented="no" display-inline="no-display-inline" id="id6F2DB936F1994036B9CA36D6E4AFC44D"><enum>(5)</enum><text display-inline="yes-display-inline">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.</text>
</paragraph></subsection><subsection commented="no" display-inline="no-display-inline" id="idD5BB75A4F471458482F2A23E8C40729E"><enum>(c)</enum><text display-inline="yes-display-inline">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.</text>
</subsection><subsection commented="no" display-inline="no-display-inline" id="id29250D43478546F4B7D7FDC98392B869"><enum>(d)</enum><text display-inline="yes-display-inline">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.</text>
</subsection></section><section id="H7D5F514BB4824A0E8A4776A27AF8AD2C"><enum>313.</enum><text display-inline="yes-display-inline">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.</text>
</section><section commented="no" display-inline="no-display-inline" id="id3964484DE6474896A67121A5A60C867B" section-type="subsequent-section"><enum>314.</enum><subsection commented="no" display-inline="yes-display-inline" id="id847568B7EDD447BEA3336D2EFD1425CE"><enum>(a)</enum><text display-inline="yes-display-inline">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.</text>
</subsection><subsection commented="no" display-inline="no-display-inline" id="idE19290D210C84D3BB610B40AC4DB2C8D"><enum>(b)</enum><text display-inline="yes-display-inline">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.</text>
</subsection><subsection commented="no" display-inline="no-display-inline" id="id21012FCBD99B4052ACDD36250AE325F6"><enum>(c)</enum><text display-inline="yes-display-inline">Funds collected under subsection (a) shall
be deposited in the general fund of the Treasury.</text>
</subsection></section><section commented="no" id="HA1EC4A2AD23A4158871BBFCE98A016D0"><enum>315.</enum><text display-inline="yes-display-inline">None of the funds made available in this
Act may be used—</text>
<paragraph commented="no" id="H014EFB23C056446490192C8F17A443F8"><enum>(1)</enum><text>to implement or
enforce section 430.32(x) of title 10, Code of Federal Regulations; or</text>
</paragraph><paragraph commented="no" display-inline="no-display-inline" id="H28FBBF62039949278C95ACBCE3BE5D45"><enum>(2)</enum><text display-inline="yes-display-inline">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.</text>
</paragraph></section><section commented="no" display-inline="no-display-inline" id="idF40E03CD048347F990F8D528FFC8CA21"><enum>316.</enum><text display-inline="yes-display-inline">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).<pagebreak></pagebreak></text>
</section><enum>IV</enum><header display-inline="no-display-inline">Independent agencies</header>
<appropriations-intermediate id="id853f66fe-2bad-4345-892e-76dcc0c8e1bc"><header>Appalachian regional
commission</header><text display-inline="no-display-inline">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.</text>
</appropriations-intermediate><appropriations-intermediate id="id6044b496-3306-4eca-927b-7e225e799b37"><header>Defense nuclear facilities
safety board</header>
</appropriations-intermediate><appropriations-small id="ide142010a-c3c2-4cd5-90bf-b1d4ba02ab12"><header>Salaries and
expenses</header><text display-inline="no-display-inline">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:
<proviso><italic>Provided</italic></proviso>, 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:
<proviso><italic> Provided further,</italic></proviso> That at the
expiration of such agreement, the Defense Nuclear Facilities Safety Board shall
procure inspector general services annually
thereafter.</text>
</appropriations-small><appropriations-intermediate id="id0b9d268d-0cf2-4262-9af2-873242eb2b25"><header>Delta regional
authority</header>
</appropriations-intermediate><appropriations-small id="id10757981-aaff-4d75-bf6f-2bf733386b3c"><header>Salaries and
expenses</header><text display-inline="no-display-inline">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.</text>
</appropriations-small><appropriations-intermediate id="id35545c58-58ed-4235-8022-59f1f1035d3c"><header>Denali
commission</header><text display-inline="no-display-inline">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:
<proviso><italic>Provided</italic></proviso>, 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.</text>
</appropriations-intermediate><appropriations-intermediate id="id42856975-fde2-48f8-9360-0e6de86e1dcc"><header>Northern border regional
commission</header><text display-inline="no-display-inline">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:
<proviso><italic>Provided</italic></proviso>, That such amounts shall
be available for administrative expenses, notwithstanding section 15751(b) of
title 40, United States Code.</text>
</appropriations-intermediate><appropriations-intermediate id="H60D37E9BFF454128BE0517911D1113F1"><header>Southeast crescent regional
commission</header><text display-inline="no-display-inline">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.</text>
</appropriations-intermediate><appropriations-intermediate id="idb258ef7a-2137-4a87-9f07-249c6ac96334"><header>Nuclear regulatory
commission</header>
</appropriations-intermediate><appropriations-small id="id105e3c83-a1ee-45c1-b5b5-e5516853146a"><header>Salaries and
expenses</header><text display-inline="no-display-inline">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:
<proviso><italic>Provided</italic></proviso>, 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:
<proviso><italic> Provided further,</italic></proviso> 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:
<proviso><italic>Provided further</italic></proviso>, 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:
<proviso><italic> Provided further,</italic></proviso> 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.</text>
</appropriations-small><appropriations-small id="id2c866cdf-9c5e-400c-aac6-89014c6bccd3"><header>Office of inspector
general</header><text display-inline="no-display-inline">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:
<proviso><italic>Provided</italic></proviso>, 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:
<proviso><italic> Provided further,</italic></proviso> 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.</text>
</appropriations-small><appropriations-intermediate id="idd49c2ee9-62c5-4652-b956-1ec88de7cbe6"><header>Nuclear waste technical
review board</header>
</appropriations-intermediate><appropriations-small id="idee8610b3-71be-4b0e-9dec-552aa1a80bab"><header>Salaries and
expenses</header><text display-inline="no-display-inline">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.</text>
</appropriations-small><appropriations-intermediate id="idfa667306-c391-4a63-810a-9a8cbfd1c2a6"><header>Office of the Federal
coordinator for alaska natural gas transportation projects</header><text display-inline="no-display-inline">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.</text>
</appropriations-intermediate><appropriations-major id="HC24ADF35644E46CD910FE56B42A0F625"><header>General
provisions—independent agencies</header>
</appropriations-major><section id="HCEFD3B669F9B417B9C15E2474A15D8BD"><enum>401.</enum><subsection commented="no" display-inline="yes-display-inline" id="H8374E99D44184F108BBFF31E3A6FFAA3"><enum>(a)</enum><text display-inline="yes-display-inline">None of the funds provided in this title
for <quote>Nuclear Regulatory Commission—Salaries and Expenses</quote> shall be
available for obligation or expenditure through a reprogramming of funds
that—</text>
<paragraph id="H9455383123CA430D9D391FC88388CD51"><enum>(1)</enum><text>increases funds or
personnel for any program, project, or activity for which funds are denied or
restricted by this Act; or</text>
</paragraph><paragraph id="H7FF1CBC3F3C5431090E8299162F4BF05"><enum>(2)</enum><text>reduces funds that
are directed to be used for a specific program, project, or activity by this
Act.</text>
</paragraph></subsection><subsection id="H4AA509880716401F8E1B0249971DEB0C"><enum>(b)</enum><text display-inline="yes-display-inline">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.</text>
</subsection><subsection commented="no" display-inline="no-display-inline" id="H10D908E41660457EBE29209778DE4316"><enum>(c)</enum><text display-inline="yes-display-inline">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.</text>
</subsection></section><section commented="no" display-inline="no-display-inline" id="idC36DAD19D7D94E80BFACCC696B07D8D0"><enum>402.</enum><text display-inline="yes-display-inline">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.<pagebreak></pagebreak></text>
</section><enum>V</enum><header display-inline="no-display-inline">General provisions</header>
<section id="idcbe35793-4fe8-412e-92ba-88401d4e62da"><enum>501.</enum><text display-inline="yes-display-inline">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.</text>
</section><section commented="no" display-inline="no-display-inline" id="id15ef77a7-65c0-42b0-96b5-8dd8e8619e82" section-type="subsequent-section"><enum>502.</enum><text display-inline="yes-display-inline">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.</text>
</section><section id="id7E5671B14C8C4DDB920672F96CD00C54"><enum>503.</enum><text display-inline="yes-display-inline">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).</text>
</section><section id="id9224518620F94342B962BCA6255B7F33"><enum>504.</enum><text display-inline="yes-display-inline">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.</text>
</section><section id="id35371C6678A247EC851011BB85B20175"><enum>505.</enum><text display-inline="yes-display-inline">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.</text>
</section><section id="HC8353977B75F4529956E1201CC48894A"><enum>506.</enum><text display-inline="yes-display-inline">None of the funds made available by this
Act may be used in contravention of Executive Order No. 12898 of February 11,
1994 (<quote>Federal Actions to Address Environmental Justice in Minority
Populations and Low-Income Populations</quote>).</text>
</section><section commented="no" display-inline="no-display-inline" id="H4BA103B858A946229DDD79778AE9BF4B" section-type="undesignated-section"><text display-inline="yes-display-inline">This division may be cited as the
<quote>Energy and Water Development and Related Agencies Appropriations Act,
2012</quote>.</text><pagebreak></pagebreak>
</section>CFINANCIAL
SERVICES AND GENERAL GOVERNMENT APPROPRIATIONS ACT, 2012
<enum>I</enum><header display-inline="no-display-inline">Department of the Treasury</header>
<appropriations-intermediate commented="no" id="HD0636B0294A84D2D8D3CE8A2895BB8E2"><header display-inline="yes-display-inline">Departmental
offices</header>
</appropriations-intermediate><appropriations-small commented="no" id="H45C38046611B4EC1854647C3488D06B4"><header display-inline="yes-display-inline">Salaries and
expenses</header>
</appropriations-small><appropriations-small commented="no" id="H6B66E5CD0A1C4FB0BA5110A56DCAD385"><text display-inline="no-display-inline">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:
<proviso><italic>Provided</italic></proviso>, 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:
<proviso><italic>Provided further</italic>,</proviso> 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:
<proviso><italic>Provided further</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, That of the
amount appropriated under this heading, $500,000, to remain available until
September 30, 2013, is for secure space requirements:
<proviso><italic>Provided further</italic></proviso>, 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:
<proviso><italic>Provided further</italic>,</proviso> 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.</text>
</appropriations-small><appropriations-small commented="no" id="H4278729B0B1F4595B14902FAD81BC964"><header display-inline="yes-display-inline">Office of inspector
general</header>
</appropriations-small><appropriations-small commented="no" id="H0FFE204518F64C1FBF469813166904B5"><header display-inline="yes-display-inline">salaries and expenses</header><text display-inline="no-display-inline">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.</text>
</appropriations-small><appropriations-small commented="no" id="H5E812CBA3F144BA2B41C754245984D90"><header display-inline="yes-display-inline">Treasury inspector general for tax
administration</header>
</appropriations-small><appropriations-small commented="no" id="HAF20ADFB98534D75A67B103ED3F0B6EB"><header display-inline="yes-display-inline">Salaries and expenses</header><text display-inline="no-display-inline">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.</text>
</appropriations-small><appropriations-small commented="no" id="HDB301E938612444190B1A00885C6EFBE"><header display-inline="yes-display-inline">SPECIAL INSPECTOR GENERAL FOR THE TROUBLED
ASSET RELIEF PROGRAM</header>
</appropriations-small><appropriations-small commented="no" id="HDEAAE4EF89654617919C0A774C50DDC6"><header display-inline="yes-display-inline">salaries and expenses</header><text display-inline="no-display-inline">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.</text>
</appropriations-small><appropriations-intermediate commented="no" id="H2CDB770230264168841C5BA251F17DE5"><header display-inline="yes-display-inline">Financial crimes enforcement
network</header>
</appropriations-intermediate><appropriations-small commented="no" id="HD259D65AF9D34CE5B4190D4ECA95D6A7"><header display-inline="yes-display-inline">salaries and expenses</header><text display-inline="no-display-inline">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:
<proviso><italic>Provided</italic></proviso>, That funds appropriated
in this account may be used to procure personal services
contracts.</text>
</appropriations-small><appropriations-intermediate commented="no" id="HC2947B6605454321A161BA3B481E6ACA"><header display-inline="yes-display-inline">Treasury Forfeiture
Fund</header>
</appropriations-intermediate><appropriations-small commented="no" id="H2D13AEF0CBE84982870D1BF0ED6B0E0C"><header display-inline="yes-display-inline">(rescission)</header><text display-inline="no-display-inline">Of the unobligated balances available under
this heading, $950,000,000 are rescinded.</text>
</appropriations-small><appropriations-intermediate commented="no" id="HCAD275193CF64C489210D9191947660D"><header display-inline="yes-display-inline">Financial management
service</header>
</appropriations-intermediate><appropriations-small commented="no" id="H3339608EBC224E028E05E8553E5BE047"><header display-inline="yes-display-inline">salaries and expenses</header><text display-inline="no-display-inline">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.</text>
</appropriations-small><appropriations-intermediate commented="no" id="H0BFF1D284064458B887B7868D81DC42B"><header display-inline="yes-display-inline">Alcohol and tobacco tax and trade
bureau</header>
</appropriations-intermediate><appropriations-small commented="no" id="H71EE2CC811124741870E01B79A227607"><header display-inline="yes-display-inline">Salaries and expenses</header><text display-inline="no-display-inline">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:
<proviso><italic>Provided</italic></proviso>, 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.</text>
</appropriations-small><appropriations-intermediate commented="no" id="H54FD49B4119740398EBB7915966AF564"><header display-inline="yes-display-inline">United states
mint</header>
</appropriations-intermediate><appropriations-small commented="no" id="H182026310F6B4586B505D2CD245A628C"><header display-inline="yes-display-inline">united states mint public enterprise
fund</header><text display-inline="no-display-inline">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.</text>
</appropriations-small><appropriations-intermediate commented="no" id="H72BD2F42AA754F909CA26EF2AACE61A6"><header display-inline="yes-display-inline">Bureau of the Public
Debt</header>
</appropriations-intermediate><appropriations-small commented="no" id="H740F043BECFD43FD90939BA3F33AD4B4"><header display-inline="yes-display-inline">administering the public debt</header><text display-inline="no-display-inline">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:
<proviso><italic>Provided</italic></proviso>, 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.</text>
</appropriations-small><appropriations-intermediate commented="no" id="H5306F65752674368ADB189730C315419"><header display-inline="yes-display-inline">Community Development Financial
Institutions Fund Program Account</header>
</appropriations-intermediate><appropriations-intermediate commented="no" id="H77034ADEB7524255A53DC55777E62B3F"><text display-inline="no-display-inline">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:
<proviso><italic>Provided</italic>,</proviso> 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:
<proviso><italic>Provided further</italic>,</proviso> That these funds
are available to subsidize gross obligations for the principal amount of direct
loans not to exceed $25,000,000:
<proviso><italic>Provided further</italic>,</proviso> 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).</text>
</appropriations-intermediate><appropriations-intermediate commented="no" id="H7B9119C2C7A94B6D840FA7FFB0D3AFC1"><header display-inline="yes-display-inline">Internal Revenue
Service</header>
</appropriations-intermediate><appropriations-small commented="no" id="HEA287355A7DE4C2FB57CD05C14E420DB"><header display-inline="yes-display-inline">Taxpayer
services</header>
</appropriations-small><appropriations-small commented="no" id="idEC395DE948574A3B99FA7EAA1223B361"><text display-inline="no-display-inline">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).</text>
</appropriations-small><appropriations-small commented="no" id="H7B6887AB585D4111965883B05062D63F"><header display-inline="yes-display-inline">enforcement</header>
</appropriations-small><appropriations-small commented="no" id="H0D1FFDC77FF74B9B81DA0AEC0C6DF397"><text display-inline="no-display-inline">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.</text>
</appropriations-small><appropriations-small commented="no" id="H2E8445B639724B2489D127010015B901"><header display-inline="yes-display-inline">operations support</header><text display-inline="no-display-inline">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:
<proviso><italic>Provided</italic></proviso>, 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:
<proviso><italic>Provided further</italic>,</proviso> 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.</text>
</appropriations-small><appropriations-small commented="no" id="HA0431CFDC0E94E9CB0974D0A776A79A8"><header display-inline="yes-display-inline">business systems
modernization</header><text display-inline="no-display-inline">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:
<proviso><italic>Provided</italic></proviso>, 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.</text>
</appropriations-small><appropriations-small id="H85E2AFE87DFB40068BD1E76B1295EECF"><header>Administrative
provisions—Internal revenue service</header>
</appropriations-small><appropriations-small id="H609D5B111AB94F8CB02CA226B53B9F3A"><header>(including
transfer of funds)</header>
</appropriations-small><section id="HD72860C4290849568AE00880E3FE90F2"><enum>101.</enum><text display-inline="yes-display-inline">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
<quote>Enforcement</quote> may be transferred to any other Internal Revenue
Service appropriation upon the advance approval of the Committees on
Appropriations.</text>
</section><section id="H0FE189FAD199476A96955C5F70503DC6"><enum>102.</enum><text display-inline="yes-display-inline">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.</text>
</section><section id="H1EB1F352A5A44FF99A7A275CD65CAD91"><enum>103.</enum><text display-inline="yes-display-inline">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.</text>
</section><section id="HC3DF1E7C17F3416A9D9CE152F6DC93D5"><enum>104.</enum><text display-inline="yes-display-inline">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.</text>
<appropriations-intermediate commented="no" id="HBF6B9753ADC34728BBB8E7ADCCE2F81B"><header display-inline="yes-display-inline">Administrative Provisions—Department of the
Treasury</header>
</appropriations-intermediate><appropriations-small commented="no" id="HFE14EE02EA424864B4C583BF7B681F61"><header display-inline="yes-display-inline">(including transfers of
funds)</header>
</appropriations-small></section><section commented="no" display-inline="no-display-inline" id="HAE7D3DF1007B442F8BCCE290D2410B7B" section-type="subsequent-section"><enum>105.</enum><text display-inline="yes-display-inline">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.</text>
</section><section commented="no" display-inline="no-display-inline" id="HC2F81ACB88DA43DEB6F8634D3EFEB3D4" section-type="subsequent-section"><enum>106.</enum><text display-inline="yes-display-inline">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:
<proviso><italic>Provided</italic></proviso>, That no transfer may
increase or decrease any such appropriation by more than 2 percent.</text>
</section><section id="HF6D8E6FD59E94EE1AD4509052914BD60"><enum>107.</enum><text display-inline="yes-display-inline">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:
<proviso><italic>Provided</italic></proviso>, That no transfer may
increase or decrease any such appropriation by more than 2 percent.</text>
</section><section commented="no" display-inline="no-display-inline" id="H1E8DAB19F8A24502AF1BDE716CE050C9" section-type="subsequent-section"><enum>108.</enum><text display-inline="yes-display-inline">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:
<proviso><italic>Provided</italic></proviso>, That the Secretary may
delegate this authority to the Assistant Secretary for Management.</text>
</section><section id="H7B23C0FB66D448139DCA3CDC594502FD"><enum>109.</enum><text display-inline="yes-display-inline">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.</text>
</section><section id="HBE4B2B933595485F91066AF2CF2594A9"><enum>110.</enum><text display-inline="yes-display-inline">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:
<proviso><italic>Provided</italic></proviso>, That such amounts shall
be reimbursed to such salaries and expenses account from debt collections
received in the Debt Collection Fund.</text>
</section><section id="H2F607EDA20774E2399CFC736445E570F"><enum>111.</enum><text display-inline="yes-display-inline">Section 122(g)(1) of Public Law 105–119 (5
U.S.C. 3104 note), is further amended by striking <quote>12 years</quote> and
inserting <quote>14 years</quote>.</text>
</section><section id="HD8AABBA124564DE9A5967D5DF386D9EA"><enum>112.</enum><text display-inline="yes-display-inline">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.</text>
</section><section id="HF39E36054B184F7492DB1741AB0B06ED"><enum>113.</enum><text display-inline="yes-display-inline">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.</text>
</section><section id="H404698445D1242D29ED16D1F0D96D88F"><enum>114.</enum><text display-inline="yes-display-inline">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.</text>
</section><section id="HB1A48721197B42D1B59A0A033C508EE4"><enum>115.</enum><text display-inline="yes-display-inline">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.</text>
</section><section id="H2698AC5BC8144C16AEF984A0DCF9BCA8"><enum>116.</enum><text display-inline="yes-display-inline">Section 5114(c) of title 31, United States
Code (relating to engraving and printing currency and security documents), is
amended by striking <quote>for a period of not more than 4
years</quote>.</text>
</section><section id="H467417AB1FDF46A4A8D7E05AC9AFBCCB"><enum>117.</enum><text display-inline="yes-display-inline">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.</text>
</section><section id="idEB2E59A1ACCD4A56B389A3D1576C2771"><enum>118.</enum><text display-inline="yes-display-inline">Section 5318(g)(2)(A) of title 31, United
States Code, is amended—</text>
<paragraph id="ID84872f52976f4460a1a641ba85a91b8f"><enum>(1)</enum><text>by striking
clause (i) and inserting the following:</text>
<quoted-block display-inline="no-display-inline" id="id5478D907BECF460D809A55FEECC9C2DB" style="OLC">
<clause id="IDff1d958b4b7749f899ef0a48c114c273"><enum>(i)</enum><text>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</text>
</clause><after-quoted-block>;
and</after-quoted-block></quoted-block>
</paragraph><paragraph id="IDd3604ddc046148c69d5f17c2b0d95fbb"><enum>(2)</enum><text>in clause
(ii)—</text>
<subparagraph id="id84AAB3FF31A948ED80EB599780EEB8DB"><enum>(A)</enum><text>by striking
<quote>no officer or employee of</quote> and inserting <quote>no current or
former officer or employee of or contractor for</quote>; and</text>
</subparagraph><subparagraph id="idC5DE5D389B3848E3AF7CB049F7C67532"><enum>(B)</enum><text>by inserting
<quote>or for</quote> before <quote>any State</quote>.</text>
</subparagraph></paragraph></section><section commented="no" id="H467417AB1FDF46A4A8D7E05AC9AFBCCI"><enum>119.</enum><text display-inline="yes-display-inline">Section 5319 of title 31, United States
Code (relating to availability of reports), is amended by inserting after
<quote>title 5</quote> the following: <quote>, and may not be disclosed under
any State, local, tribal, or territorial <quote>freedom of information</quote>,
<quote>open government</quote>, or similar law</quote>.</text>
</section><section commented="no" id="H1DA00AD0D72D4EDB9A8366E32B74D834"><enum>120.</enum><text display-inline="yes-display-inline">Section 5331(a) of title 31, United States
Code, is amended—</text>
<paragraph commented="no" id="HDAC73C063A5744358B08C69DCD72CCDD"><enum>(1)</enum><text display-inline="yes-display-inline">by striking paragraph (1) and inserting the
following:</text>
<quoted-block display-inline="no-display-inline" id="HEE8B88C2BDC24F5BB36794AC28A2CAD3" style="OLC">
<paragraph commented="no" id="HA8701DAF04A348DA8231B4DEFEF89E1A"><enum>(1)</enum><subparagraph commented="no" display-inline="yes-display-inline" id="HF3FF97431B154450B2F0F90031178B04"><enum>(A)</enum><text display-inline="yes-display-inline">who is engaged in a trade or business,
and</text>
</subparagraph></paragraph><after-quoted-block>;</after-quoted-block></quoted-block>
</paragraph><paragraph commented="no" id="H04D94E61EA1D430F8789DC8DE25C9E6A"><enum>(2)</enum><text display-inline="yes-display-inline">by redesignating paragraph (2) as
subparagraph (B);</text>
</paragraph><paragraph commented="no" id="H88260E075B084BB69DA4C300B0631AEB"><enum>(3)</enum><text display-inline="yes-display-inline">in subparagraph (B), as so redesignated, by
adding ‘‘or’’ at the end; and</text>
</paragraph><paragraph commented="no" id="H985F1375FA9949CE951A0F7A35CC929A"><enum>(4)</enum><text display-inline="yes-display-inline">by inserting after subparagraph (B), as so
redesignated, the following new paragraph:</text>
<quoted-block display-inline="no-display-inline" id="HFB4BC556C4A94A09A47D63C360B2F366" style="OLC">
<paragraph commented="no" id="HB84D253BBF36431DA63908F80FC6EE37"><enum>(2)</enum><text display-inline="yes-display-inline">who is required to file a report under
section 6050I(g) of the Internal Revenue Code of
1986,</text>
</paragraph><after-quoted-block>.</after-quoted-block></quoted-block>
</paragraph></section><section commented="no" display-inline="no-display-inline" id="idF6B8C3713B834B4CBBD30BFD51941FD6" section-type="subsequent-section"><enum>121.</enum><text display-inline="yes-display-inline">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:
<proviso><italic>Provided</italic>,</proviso> 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:
<proviso><italic>Provided further</italic>,</proviso> That such
Capital Investment Plan shall include expenditures occurring in previous fiscal
years for each capital investment project that has not been fully
completed.</text>
<subsection commented="no" display-inline="no-display-inline" id="H66B08B83A7EF4E95A2B229C4E3060BA4"><enum></enum><text display-inline="yes-display-inline">This title may be cited as the
<quote>Department of the Treasury Appropriations Act,
2012</quote>.<pagebreak></pagebreak></text>
</subsection></section><enum>II</enum><header display-inline="no-display-inline">Executive Office of the President and Funds
Appropriated to the President</header>
<appropriations-intermediate commented="no" id="HB412FDF4A7924B0BB58DBC4DD25D2500"><header display-inline="yes-display-inline">Compensation of the
president</header>
</appropriations-intermediate><appropriations-small commented="no" id="H624944FB15E74445AF5A92FFF6C46FD7"><text display-inline="no-display-inline">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:
<proviso><italic>Provided</italic></proviso>, 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.</text>
</appropriations-small><appropriations-intermediate commented="no" id="H4BFCBEECEE1D437E9EC1A0E18D8B11DB"><header display-inline="yes-display-inline">The white
house</header>
</appropriations-intermediate><appropriations-small commented="no" id="H59A2F8EF1BAF46F3B7D0A71FEC82558C"><header display-inline="yes-display-inline">Salaries and expenses</header><text display-inline="no-display-inline">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.</text>
</appropriations-small><appropriations-intermediate commented="no" id="H928D502F671E41929144654FD9C60994"><header display-inline="yes-display-inline">Executive residence at the white
house</header>
</appropriations-intermediate><appropriations-small commented="no" id="H4E6EFF793B1B4B3DA3C9F73212FF0B2B"><header display-inline="yes-display-inline">operating expenses</header><text display-inline="no-display-inline">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.</text>
</appropriations-small><appropriations-small id="H9B89B0F272414332B991ABD6A3D5FE8C"><header>Reimbursable
expenses</header>
</appropriations-small><appropriations-small commented="no" id="HE000D709525548AAAF7917FAE8CE6691"><text display-inline="no-display-inline">For the reimbursable expenses of the
Executive Residence at the White House, such sums as may be necessary:
<proviso><italic>Provided</italic></proviso>, That all reimbursable
operating expenses of the Executive Residence shall be made in accordance with
the provisions of this paragraph:
<proviso><italic>Provided further</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, That each such
amount that is reimbursed, and any accompanying interest and charges, shall be
deposited in the Treasury as miscellaneous receipts:
<proviso><italic>Provided further</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, 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.</text>
</appropriations-small><appropriations-intermediate commented="no" id="HCD5C3524FAED4BF2B46FD7A17AB5CAEF"><header display-inline="yes-display-inline">White house repair and
restoration</header>
</appropriations-intermediate><appropriations-small commented="no" id="H61CDF75D2ACA4755BF219FAB38C0BDBC"><text display-inline="no-display-inline">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.</text>
</appropriations-small><appropriations-intermediate commented="no" id="H2044A1A4DE4E4400BFF8DAF980301C14"><header display-inline="yes-display-inline">Council of economic
advisers</header>
</appropriations-intermediate><appropriations-small commented="no" id="HA5DB7C8353444F6A9525E59DD4B94897"><header display-inline="yes-display-inline">salaries and expenses</header><text display-inline="no-display-inline">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.</text>
</appropriations-small><appropriations-intermediate commented="no" id="H2AF7BF14AF2E42DBBDE44F0BFB535B42"><header display-inline="yes-display-inline">National security council and homeland
security council</header>
</appropriations-intermediate><appropriations-small commented="no" id="H0E440A83F7D04D7EA09BA37C016478E2"><header display-inline="yes-display-inline">salaries and expenses</header><text display-inline="no-display-inline">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.</text>
</appropriations-small><appropriations-intermediate commented="no" id="H1ACC86C0E8EA4E5AB031794EE6A8931C"><header display-inline="yes-display-inline">Office of
administration</header>
</appropriations-intermediate><appropriations-small commented="no" id="H8653963D522C429396CD42A286CA21E1"><header display-inline="yes-display-inline">Salaries and expenses</header><text display-inline="no-display-inline">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.</text>
</appropriations-small><appropriations-intermediate commented="no" id="H9DF8BFF127CA4D0A82F1158782169CD1"><header display-inline="yes-display-inline">Office of management and
budget</header>
</appropriations-intermediate><appropriations-small commented="no" id="H6EC8001BCD8B453CB2E74C930DDC0A34"><header display-inline="yes-display-inline">Salaries and expenses</header><text display-inline="no-display-inline">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:
<proviso><italic>Provided</italic></proviso>, 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.):
<proviso><italic>Provided further</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, 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.</text>
</appropriations-small><appropriations-intermediate commented="no" id="H180191E3583C465CBF7900A3B6EF7642"><header display-inline="yes-display-inline">Office of national drug control
policy</header>
</appropriations-intermediate><appropriations-small commented="no" id="H8BE925B035F34213863FC1CB07551246"><header display-inline="yes-display-inline">salaries and expenses</header><text display-inline="no-display-inline">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:
<proviso><italic>Provided</italic></proviso>, 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.</text>
</appropriations-small><appropriations-small commented="no" id="H76AFBE4784EB42C0B12E214342541DB4"><header display-inline="yes-display-inline">Federal drug control
programs</header>
</appropriations-small><appropriations-small commented="no" id="H6284369CCCD249C3B833A602EDBB11A7"><header display-inline="yes-display-inline">high intensity drug trafficking areas
program</header>
</appropriations-small><appropriations-small commented="no" id="HF23F64F5EA744C2EB35E77ECF203E37A"><header display-inline="yes-display-inline">(including transfers of
funds)</header><text display-inline="no-display-inline">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 (<quote>HIDTAs</quote>), 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:
<proviso><italic>Provided</italic></proviso>, 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):
<proviso><italic>Provided further,</italic></proviso> 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:
<proviso><italic>Provided further</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, 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.</text>
</appropriations-small><appropriations-small commented="no" id="HB86E898BCD5746A6933486D8AE012B06"><header display-inline="yes-display-inline">other federal drug control
programs</header>
<subheader>(including transfers of funds)</subheader><text display-inline="no-display-inline">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.</text>
</appropriations-small><appropriations-intermediate id="H35BB51444F7A405AA1BFA1B1693A6B1F"><header>Integrated, Efficient and
Effective Uses of Information Technology</header>
</appropriations-intermediate><appropriations-small commented="no" id="H0BA2937E2E634676912BA6607B756387"><header>(including transfer of
funds)</header><text display-inline="no-display-inline">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:
<proviso><italic>Provided</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, That such report
shall include savings identified by fiscal year, agency and
appropriation.</text>
</appropriations-small><appropriations-intermediate commented="no" id="H0C06423C9FB440A69B0F11F6EF777885"><header display-inline="yes-display-inline">Unanticipated needs</header><text display-inline="no-display-inline">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.</text>
</appropriations-intermediate><appropriations-intermediate commented="no" id="HBEECC1DAEE55479EB1556C8351C30E15"><header display-inline="yes-display-inline">Special assistance to the
president</header>
</appropriations-intermediate><appropriations-small commented="no" id="H79575A6FEBE84A449B0507EE33E37BA0"><header display-inline="yes-display-inline">salaries and expenses</header><text display-inline="no-display-inline">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.</text>
</appropriations-small><appropriations-intermediate id="HE8359AED86DE408F945F8A8CF33DADB2"><header>Official Residence of the Vice
President</header>
</appropriations-intermediate><appropriations-small id="H3F1309E7846743BC9FC0F22DCDC71116"><header>Operating
expenses</header>
</appropriations-small><appropriations-small id="H093B6EAD81F54629A84E982ECB7B39BD"><header>(including
transfer of funds)</header><text display-inline="no-display-inline">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:
<proviso><italic>Provided</italic></proviso>, That advances or
repayments or transfers from this appropriation may be made to any department
or agency for expenses of carrying out such
activities.</text>
</appropriations-small><appropriations-intermediate id="H0FE021E7982540E28A91F1E1D7137E0D"><header>Administrative
Provisions—Executive Office of the President and Funds Appropriated to the
President</header>
</appropriations-intermediate><appropriations-small id="HE61EBCC841554A83ADA5FBAD4CB450D2"><header>(including
transfers of funds and rescissions)</header>
</appropriations-small><section commented="no" display-inline="no-display-inline" id="H0AD2E4C8E49D40379C43B2A085C3E290" section-type="subsequent-section"><enum>201.</enum><text display-inline="yes-display-inline">From funds made available in this Act under
the headings <quote>The White House</quote>, <quote>Executive Residence at the
White House</quote>, <quote>White House Repair and Restoration</quote>,
<quote>Council of Economic Advisers</quote>, <quote>National Security Council
and Homeland Security Council</quote>, <quote>Office of Administration</quote>,
<quote>Special Assistance to the President</quote>, and <quote>Official
Residence of the Vice President</quote>, 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:
<proviso><italic>Provided</italic></proviso>, That the amount of an
appropriation shall not be increased by more than 50 percent by such transfers:
<proviso><italic>Provided further</italic></proviso>, That no amount
shall be transferred from <quote>Special Assistance to the President</quote> or
<quote>Official Residence of the Vice President</quote> without the approval of
the Vice President.</text>
</section><section id="H8B48F5DDA6964447A5B1C75C213CF7F7"><enum>202.</enum><text display-inline="yes-display-inline">The Director of the Office of Management
and Budget shall submit to the Committees on Appropriations of the House and
the Senate a report on the implementation of Executive Order 13563 (76 Fed.
Reg. 3821; relating to Improving Regulation and Regulatory Review) by April 2,
2012. The report shall include information on—</text>
<subsection id="id951EF40B41A84160911243BFD09ECE7B"><enum>(a)</enum><text display-inline="yes-display-inline">increasing public participation in the
rulemaking process and reducing uncertainty;</text>
</subsection><subsection id="id04A6B80A5DE94365BB852CE27C6FCE95"><enum>(b)</enum><text display-inline="yes-display-inline">improving coordination across Federal
agencies to eliminate redundant, inconsistent, and overlapping regulations;
and</text>
</subsection><subsection id="id8277B1FF8E1840BBBE915515F81CBFCE"><enum>(c)</enum><text display-inline="yes-display-inline">identifying existing regulations that have
been reviewed and determined to be outmoded, ineffective, or excessively
burdensome.</text>
</subsection></section><section id="H07C4460F7B0F41CD84DEC3D3CCE31D7A"><enum>203.</enum><text display-inline="yes-display-inline">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—</text>
<paragraph id="H889EC5A0DD3143FEBB5C90B3EA082D81"><enum>(1)</enum><text display-inline="yes-display-inline">the estimated mandatory and discretionary
obligations of funds through fiscal year 2014, by Federal agency and by fiscal
year, including—</text>
<subparagraph id="H99B0D9C14EDC44328DF09A4DB151D465"><enum>(A)</enum><text display-inline="yes-display-inline">the estimated obligations by cost inputs
such as rent, information technology, contracts, and personnel;</text>
</subparagraph><subparagraph id="H36465D8906F9457A9C546221E413CBBB"><enum>(B)</enum><text display-inline="yes-display-inline">the methodology and data sources used to
calculate such estimated obligations; and</text>
</subparagraph><subparagraph id="HD0B6AAE761B8444FB63D165060097F73"><enum>(C)</enum><text display-inline="yes-display-inline">the specific section of such Act that
requires the obligation of funds; and</text>
</subparagraph></paragraph><paragraph id="H77792A1D7B47454D9A5DF5FCBAABE5F4"><enum>(2)</enum><text display-inline="yes-display-inline">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—</text>
<subparagraph id="H901B400C05914730A9273BF7198FAA3C"><enum>(A)</enum><text display-inline="yes-display-inline">the methodology and data sources used to
calculate such estimated collections; and</text>
</subparagraph><subparagraph commented="no" display-inline="no-display-inline" id="H51D43090D1324987B9C681A179D855F0"><enum>(B)</enum><text display-inline="yes-display-inline">the specific section of such Act that
authorizes the collection of funds.</text>
</subparagraph></paragraph></section><section commented="no" display-inline="no-display-inline" id="H5570B814792243C1A83600D6377B5B70" section-type="subsequent-section"><enum>204.</enum><text display-inline="yes-display-inline">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
<quote>Office of National Drug Control Policy</quote>, a detailed narrative and
financial plan on the proposed uses of all funds under the account by program,
project, and activity:
<proviso><italic>Provided</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, That any new
projects and changes in funding of ongoing projects shall be subject to the
prior approval of the Committees on Appropriations.</text>
</section><section commented="no" display-inline="no-display-inline" id="HECAF56251C2E40F7A263423D60F1B8FC" section-type="subsequent-section"><enum>205.</enum><text display-inline="yes-display-inline">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:
<proviso><italic>Provided</italic></proviso>, That no transfer may
increase or decrease any such appropriation by more than 3 percent.</text>
</section><section commented="no" display-inline="no-display-inline" id="HFB3DAEBC7A054A4989EF60B379B3CE36" section-type="subsequent-section"><enum>206.</enum><text display-inline="yes-display-inline">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.</text>
</section><section commented="no" display-inline="no-display-inline" id="idA33F314CE0424F3F9DF7B0F156870874" section-type="subsequent-section"><enum>207.</enum><text display-inline="yes-display-inline">From the unobligated balances of prior year
appropriations made available for the Counterdrug Technology Assessment Center,
$5,244,639 are rescinded.</text>
</section><section commented="no" display-inline="no-display-inline" id="id9A70CDFE1D2F403F9DA8A080856882D1" section-type="subsequent-section"><enum>208.</enum><text display-inline="yes-display-inline">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.</text>
</section><section commented="no" display-inline="no-display-inline" id="id8AA3BF63EDF04A5CA24C8F54AE319F25" section-type="subsequent-section"><enum>209.</enum><text display-inline="yes-display-inline">Of the unobligated balances available under
the heading <quote>Executive Office of the President and Funds Appropriated to
the President—Partnership Fund for Program Integrity Innovation</quote> 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.</text>
</section><section commented="no" display-inline="no-display-inline" id="HB25E67DB2B1D401594E32CC61236F054" section-type="undesignated-section"><text display-inline="yes-display-inline">This title may be cited as the
<quote><short-title>Executive Office of the President
Appropriations Act, 2012</short-title></quote>. <pagebreak></pagebreak></text>
</section><enum>III</enum><header display-inline="no-display-inline">The Judiciary</header>
<appropriations-intermediate id="H13C74A7282FA4819BE81E9B7EF7C11CE"><header>Supreme Court of the United
States</header>
</appropriations-intermediate><appropriations-small id="H481DCB7CB2E141C1B52BAA0607145C4E"><header>Salaries
and expenses</header><text display-inline="no-display-inline">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.</text>
</appropriations-small><appropriations-small id="HDD3FFA11889A45A4A515D7E95B7BCF84"><header>Care of
the building and grounds</header>
</appropriations-small><appropriations-small id="H0571B6207E954D6187458D9E37E72105"><text display-inline="no-display-inline">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.</text>
</appropriations-small><appropriations-intermediate id="H48896A4B16884FAC870C846710651395"><header>United States Court of Appeals
for the Federal Circuit</header>
</appropriations-intermediate><appropriations-small id="H558499CBDB374BE7898B9AF9A9A73508"><header>Salaries
and expenses</header><text display-inline="no-display-inline">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.</text>
</appropriations-small><appropriations-intermediate id="HF31305722D1446AE866FABFDC1900A51"><header>United States Court of
International Trade</header>
</appropriations-intermediate><appropriations-small id="HEF987A84B7F84628A2C0FEE1A0528889"><header>Salaries
and expenses</header><text display-inline="no-display-inline">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.</text>
</appropriations-small><appropriations-intermediate id="H524559077EF0424EA56D423A131454D6"><header>Courts of Appeals, District
Courts, and Other Judicial Services</header>
</appropriations-intermediate><appropriations-small id="H8A839FFA256146B78A015B4A83CF8738"><header>Salaries
and expenses</header><text display-inline="no-display-inline">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.</text><text display-inline="no-display-inline">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.</text>
</appropriations-small><appropriations-small id="HD9DC3FEE7378447E94BE52CDFE8D20E5"><header>Defender
services</header><text display-inline="no-display-inline">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.</text>
</appropriations-small><appropriations-small id="HBB6DE8B380B449C08217DA6352F1C5B7"><header>Fees of
jurors and commissioners</header>
</appropriations-small><appropriations-small id="H6BFDEA5771974E6EA5E9E6108F256A83"><text display-inline="no-display-inline">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:
<proviso><italic>Provided</italic></proviso>, That the compensation of
land commissioners shall not exceed the daily equivalent of the highest rate
payable under 5 U.S.C. 5332.</text>
</appropriations-small><appropriations-small id="HACA3ED1C46474ACBB56A55CE895489D6"><header>Court
security</header>
</appropriations-small><appropriations-small id="H3786A6DC6C7846A6B031F68765D1DBB5"><header>(including
transfers of funds)</header><text display-inline="no-display-inline">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.</text>
</appropriations-small><appropriations-intermediate id="H9492F149C2D84136BD32C523B8B597DC"><header>Administrative Office of the
United States Courts</header>
</appropriations-intermediate><appropriations-small commented="no" id="H39F671FE4418479CA1FF439ADE2E64FC"><header>Salaries and
expenses</header><text display-inline="no-display-inline">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.</text>
</appropriations-small><appropriations-intermediate commented="no" id="H29C4AFB8A96445BABB22074B5A239E16"><header display-inline="yes-display-inline">Federal judicial
center</header>
</appropriations-intermediate><appropriations-small commented="no" id="HD7E3EF03D85E4168BCFAF690B0D5739D"><header display-inline="yes-display-inline">salaries and expenses</header><text display-inline="no-display-inline">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.</text>
</appropriations-small><appropriations-intermediate commented="no" id="H31CEDA2590E74766BD1D59B438C60BA7"><header display-inline="yes-display-inline">Judicial retirement
funds</header>
</appropriations-intermediate><appropriations-small commented="no" id="H1A2BDD320E9749A2BC3CDC4D59CEDED5"><header display-inline="yes-display-inline">payment to judiciary trust
funds</header><text display-inline="no-display-inline">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.</text>
</appropriations-small><appropriations-intermediate commented="no" id="H3CF6F43D8A794A5D8C307A175E2D19EC"><header display-inline="yes-display-inline">United states sentencing
commission</header>
</appropriations-intermediate><appropriations-small commented="no" id="HCDB5D8C4D33A4EBFA7053108B5D687F7"><header display-inline="yes-display-inline">salaries and expenses</header><text display-inline="no-display-inline">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.</text>
</appropriations-small><appropriations-intermediate commented="no" id="H3B0054E3D36A4C92989DEC37C4938363"><header display-inline="yes-display-inline">Administrative provisions—The
judiciary</header>
</appropriations-intermediate><appropriations-small commented="no" id="HE0C6C2A4E557448694C93C49E3B6AD8B"><header display-inline="yes-display-inline">(including transfer of
funds)</header>
</appropriations-small><section commented="no" display-inline="no-display-inline" id="HE3816A1138944A75AACC555E4EDB0E92" section-type="subsequent-section"><enum>301.</enum><text display-inline="yes-display-inline">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.</text>
</section><section id="H6CD25D8B81CD4C1481767230D1773A98"><enum>302.</enum><text display-inline="yes-display-inline">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 <quote>Courts of Appeals, District Courts, and Other
Judicial Services, Defender Services</quote> and <quote>Courts of Appeals,
District Courts, and Other Judicial Services, Fees of Jurors and
Commissioners</quote>, shall be increased by more than 10 percent by any such
transfers:
<proviso><italic>Provided</italic></proviso>, 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.</text>
</section><section id="HE49151A8B5E141D7A96828132E9C3DA3"><enum>303.</enum><text display-inline="yes-display-inline">Notwithstanding any other provision of law,
the salaries and expenses appropriation for <quote>Courts of Appeals, District
Courts, and Other Judicial Services</quote> shall be available for official
reception and representation expenses of the Judicial Conference of the United
States:
<proviso><italic>Provided</italic></proviso>, 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.</text>
</section><section id="H8449E1263FF34759BC5649B1797C5A92"><enum>304.</enum><text display-inline="yes-display-inline">Section 3314(a) of title 40, United States
Code, shall be applied by substituting <quote>Federal</quote> for
<quote>executive</quote> each place it appears.</text>
</section><section commented="no" display-inline="no-display-inline" id="HBD350590815A49A68D4B49857279414B" section-type="subsequent-section"><enum>305.</enum><text display-inline="yes-display-inline">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.</text>
</section><section commented="no" display-inline="no-display-inline" id="id5FA12ABB55D0433C9E8442947D2B7182" section-type="subsequent-section"><enum>306.</enum><text display-inline="yes-display-inline">Section 203(c) of the Judicial Improvements
Act of 1990 (Public Law 101–650; 28 U.S.C. 133 note), is amended—</text>
<paragraph commented="no" display-inline="no-display-inline" id="idD68E82BE5F5A4E6083848460616BC362"><enum>(1)</enum><text display-inline="yes-display-inline">in the third sentence (relating to the
District of Kansas), by striking <quote>20 years</quote> and inserting
<quote>21 years</quote>; and</text>
</paragraph><paragraph commented="no" display-inline="no-display-inline" id="id7BAF23C4E1B14702BCC94D270A0C7C3B"><enum>(2)</enum><text display-inline="yes-display-inline">in the seventh sentence (related to the
District of Hawaii), by striking <quote>17 years</quote> and inserting
<quote>18 years</quote>.</text>
</paragraph></section><appropriations-small commented="no" id="H33F8AE60F14B48429D727FBC8FDE4B22"><text display-inline="no-display-inline">This title may be cited as the
<quote><short-title>Judiciary Appropriations Act,
2012</short-title></quote>. <pagebreak></pagebreak></text>
</appropriations-small><enum>IV</enum><header display-inline="no-display-inline">District of Columbia</header>
<appropriations-intermediate id="H08BA468A585343C6B7361D3DFF088E34"><header>Federal
Funds</header>
</appropriations-intermediate><appropriations-small id="H3E7AE60754564734B271666E91395B2F"><header>Federal
payment for resident tuition support</header><text display-inline="no-display-inline">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:
<proviso><italic>Provided</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, 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.</text>
</appropriations-small><appropriations-small commented="no" id="HDCD3A7042D064689B6C9CC6489E9F5CF"><header>Federal payment for emergency
planning and security costs in the district of columbia</header><text display-inline="no-display-inline">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.</text>
</appropriations-small><appropriations-small commented="no" id="HF271692749FA4640913C09E71E9C5564"><header display-inline="yes-display-inline">federal payment to the district of columbia
courts</header><text display-inline="no-display-inline">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:
<proviso><italic>Provided</italic></proviso>, That funds made available
for capital improvements shall be expended consistent with the District of
Columbia Courts master plan study and building evaluation report:
<proviso><italic>Provided further</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, 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.</text>
</appropriations-small><appropriations-small commented="no" id="H03B3F612080A4501842F2F8BC90FA9DB"><header display-inline="yes-display-inline">federal payment for defender services in
district of columbia courts</header>
</appropriations-small><appropriations-small commented="no" id="id52C6E372FCF24411884BC195271AFF80"><header display-inline="yes-display-inline">(including transfer of funds)</header><text display-inline="no-display-inline">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:
<proviso><italic>Provided,</italic></proviso> That funds provided under
this heading shall be administered by the Joint Committee on Judicial
Administration in the District of Columbia:
<proviso><italic>Provided further</italic></proviso>, 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:
<proviso><italic>Provided further</italic>,</proviso> 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 <quote>Federal Payment
to the District of Columbia Courts</quote> for District of Columbia courthouse
facilities.</text>
</appropriations-small><appropriations-small commented="no" id="HE7480D0E25F74471A4555556777E136D"><header display-inline="yes-display-inline">federal payment to the court services and
offender supervision agency for the district of columbia</header><text display-inline="no-display-inline">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:
<proviso><italic>Provided</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, That not less
than $1,500,000 shall be available for re-entrant housing in the District of
Columbia:
<proviso><italic>Provided further</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, 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.</text>
</appropriations-small><appropriations-small id="HC0ACA03E5D9443889C6D8EA05EEE93B2"><header>Federal
payment to the district of columbia public defender service</header><text display-inline="no-display-inline">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:
<proviso><italic>Provided</italic></proviso>, 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.</text>
</appropriations-small><appropriations-small commented="no" id="HC40D0BBFF3D3499F9ED81F37703186B8"><header display-inline="yes-display-inline">Federal payment to the district of columbia
water and sewer authority</header><text display-inline="no-display-inline">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:
<proviso><italic>Provided</italic></proviso>, That the District of
Columbia Water and Sewer Authority provides a 100 percent match for this
payment.</text>
</appropriations-small><appropriations-small commented="no" id="H9015ABA3E55441D4A5E1EE33E8ECE770"><header display-inline="yes-display-inline">federal payment to the criminal justice
coordinating council</header><text display-inline="no-display-inline">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.</text>
</appropriations-small><appropriations-small commented="no" id="H4648256E5E1048AD82E60E2B556B4E0F"><header display-inline="yes-display-inline">federal payment for judicial
commissions</header><text display-inline="no-display-inline">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.</text>
</appropriations-small><appropriations-small id="HF857FBC3ECE94FD7A044F3FFBF38360A"><header>Federal
payment for school improvement</header><text display-inline="no-display-inline">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).</text>
</appropriations-small><appropriations-small commented="no" id="H43C8FD4207564E8E89A76EA101705E55"><header>Federal payment for the district
of columbia national guard </header><text display-inline="no-display-inline">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.</text>
</appropriations-small><appropriations-small commented="no" id="id1B610CAAA57A48C6AAF60D78DD5BA818"><header>Federal payment for testing and
treatment of HIV/AIDS</header><text display-inline="no-display-inline">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.</text>
</appropriations-small><appropriations-intermediate commented="no" id="H47F5ACB9D8A348BE96F575155E432C47"><header display-inline="yes-display-inline">district of columbia funds</header><text display-inline="no-display-inline">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 (<quote>General Fund</quote>), except as otherwise
specifically provided:
<proviso><italic>Provided</italic></proviso>, 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:
<proviso><italic>Provided further</italic>,</proviso> That of the local
funds, such amounts as may be necessary may be derived from the District's
General Fund balance:
<proviso><italic>Provided further</italic></proviso>, 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:
<proviso><italic>Provided further,</italic></proviso> 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 <quote>District of Columbia Funds Division of
Expenses</quote> as included in the Fiscal Year 2012 Proposed Budget and
Financial Plan submitted to the Congress by the District of Columbia:
<proviso><italic>Provided further</italic></proviso>, That this amount
may be increased by proceeds of one-time transactions, which are expended for
emergency or unanticipated operating or capital needs:
<proviso><italic>Provided further</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, 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.</text>
</appropriations-intermediate><section commented="no" display-inline="no-display-inline" id="H393B695452214E2996C46A8AA4A2A5F1" section-type="undesignated-section"><text display-inline="yes-display-inline">This title may be cited as the
<quote><short-title>District of Columbia Appropriations
Act, 2012</short-title></quote>. <pagebreak></pagebreak></text>
</section><enum>V</enum><header display-inline="no-display-inline">Independent agencies</header>
<appropriations-intermediate commented="no" id="HCE715B1B715D443D9F116F6321FB8471"><header display-inline="yes-display-inline">Administrative Conference of the United
States</header>
</appropriations-intermediate><appropriations-small commented="no" id="H1922C16C94974275AD3C95079150077A"><header display-inline="yes-display-inline">Salaries and Expenses</header><text display-inline="no-display-inline">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.</text>
</appropriations-small><appropriations-intermediate commented="no" id="H4437AF6DA542429B8451C04CB6E10421"><header display-inline="yes-display-inline">Christopher columbus fellowship
foundation</header>
</appropriations-intermediate><appropriations-small commented="no" id="HC302DD497AAD4521830773E3DD6A319B"><header display-inline="yes-display-inline">Salaries and expenses</header><text display-inline="no-display-inline">For payment to the Christopher Columbus
Fellowship Foundation, established by section 423 of Public Law 102–281,
$450,000, to remain available until expended.</text>
</appropriations-small><appropriations-intermediate commented="no" id="HFB526809320B4BF7A3A11C751E200CAE"><header display-inline="yes-display-inline">Consumer product safety
commission</header>
</appropriations-intermediate><appropriations-small commented="no" id="H6D3F33FEC56C4F4C8066246B300B090D"><header display-inline="yes-display-inline">salaries and expenses</header><text display-inline="no-display-inline">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).</text>
</appropriations-small><appropriations-small commented="no" id="id2A0256383D9A4461B9860E6A1012C08C"><header display-inline="yes-display-inline">Administrative Provisions—Consumer Product
Safety Commission</header>
</appropriations-small><section commented="no" display-inline="no-display-inline" id="id4E3474F415D445A9AB76F02061CECDCF" section-type="subsequent-section"><enum>501.</enum><text display-inline="yes-display-inline">Section 4(g) of the Consumer Product Safety
Act (15 U.S.C. 2053(g)) is amended by adding at the end the following:</text>
<quoted-block display-inline="no-display-inline" id="idB41F183EDFFB4B9DB4E68A9FD4D92E5A" style="appropriations">
<paragraph commented="no" display-inline="no-display-inline" id="id4BD49998A7444F8E8CECEDF91AA97C2B"><enum>(5)</enum><text display-inline="yes-display-inline">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.).</text>
</paragraph><after-quoted-block>.</after-quoted-block></quoted-block>
</section><section commented="no" display-inline="no-display-inline" id="id1EF53D86DD9444E586B802921FB71BE5" section-type="subsequent-section"><enum>502.</enum><subsection commented="no" display-inline="yes-display-inline" id="idDA08BD6660E643CE96AAC873D0DD6C48"><enum>(a)</enum><header>Extension of Grant
Program</header><text>Section 1405(e) of the Virginia Graeme Baker Pool and Spa
Safety Act (15 U.S.C. 8004(e)) is amended by striking <quote>2011</quote> and
inserting <quote>2012</quote>.</text>
</subsection><subsection commented="no" display-inline="no-display-inline" id="id08C86CD0BA5A4109888CA347FB80E10E"><enum>(b)</enum><header>New Swimming
Pools</header><text>Section 1405(b) of the Virginia Graeme Baker Pool and Spa
Safety Act (15 U.S.C. 8004 (b)) is amended by inserting <quote>constructed
after the date that is 6 months after the date of enactment of the Financial
Services and General Government Appropriations Act, 2012</quote> after
<quote>swimming pools</quote>.</text>
</subsection></section><section commented="no" display-inline="no-display-inline" id="idA512B36C06164778996426B88B834D05" section-type="subsequent-section"><enum>503.</enum><text display-inline="yes-display-inline">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—</text>
<paragraph commented="no" display-inline="no-display-inline" id="id1DD0204A16AC4C729B06C765247EC045"><enum>(1)</enum><text display-inline="yes-display-inline">to identify, assess, and address such risks
in a timely manner; and</text>
</paragraph><paragraph commented="no" display-inline="no-display-inline" id="id5DFED649E0AB4D53B4B3F2A169B2A92D"><enum>(2)</enum><text display-inline="yes-display-inline">to keep abreast of the effects of new and
emerging consumer products on public health and safety.</text>
</paragraph></section><section commented="no" display-inline="no-display-inline" id="id8224CE5EE5FA4AAAB826A50685287A98" section-type="subsequent-section"><enum>504.</enum><text display-inline="yes-display-inline">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—</text>
<paragraph commented="no" display-inline="no-display-inline" id="id6CF87CF0945449848372E4DE5C2ABA13"><enum>(1)</enum><text display-inline="yes-display-inline">the extent to which manufacturers comply
with voluntary industry standards for consumer products, particularly with
respect to inexpensive, imported products;</text>
</paragraph><paragraph commented="no" display-inline="no-display-inline" id="id162DEA314324491689F66556BB3ECFE6"><enum>(2)</enum><text display-inline="yes-display-inline">whether there are consequences for such
manufacturers for failing to comply with such standards;</text>
</paragraph><paragraph commented="no" display-inline="no-display-inline" id="id07FE755E26C44B3A8115242790A8DE77"><enum>(3)</enum><text display-inline="yes-display-inline">whether the Consumer Product Safety
Commission has the authority and the ability to require compliance with such
standards; and</text>
</paragraph><paragraph commented="no" display-inline="no-display-inline" id="idC8249AA7B1324F5BBC7AA0F61FBA5D17"><enum>(4)</enum><text display-inline="yes-display-inline">whether there are patterns of
non-compliance with such standards among certain types of products or certain
types of manufacturers.</text>
</paragraph></section><appropriations-intermediate commented="no" id="H81AACDF162EC4C069D1DF07FD503DCD5"><header display-inline="yes-display-inline">Election assistance
commission</header>
</appropriations-intermediate><appropriations-small commented="no" id="HEF975861DBE248A5995D9AE7F721E22E"><header display-inline="yes-display-inline">salaries and
expenses</header>
</appropriations-small><appropriations-small commented="no" id="H16A5E961CCBA4D3883981866BD4900CE"><header display-inline="yes-display-inline">(including transfer of funds)</header><text display-inline="no-display-inline">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.</text>
</appropriations-small><appropriations-intermediate commented="no" id="H64553289875447EFBE2724D4371961D3"><header display-inline="yes-display-inline">Federal communications
commission</header>
</appropriations-intermediate><appropriations-small commented="no" id="H68ABA99366C04E83A92A918FF8B9158E"><header display-inline="yes-display-inline">Salaries and
expenses</header>
</appropriations-small><appropriations-small commented="no" id="H25A6B7FDF8C14FFBB645C194AF9E9BFC"><text display-inline="no-display-inline">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:
<proviso><italic>Provided</italic></proviso>, That $339,844,000 of
offsetting collections shall be assessed and collected pursuant to section 9 of
title I of the <act-name parsable-cite="CA34">Communications Act of
1934</act-name>, shall be retained and used for necessary expenses in this
appropriation, and shall remain available until expended:
<proviso><italic>Provided further</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, That any
offsetting collections received in excess of $339,844,000 in fiscal year 2012
shall not be available for obligation:
<proviso><italic>Provided further</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, 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:
<proviso><italic>Provided further</italic>,</proviso> 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.</text>
</appropriations-small><appropriations-small commented="no" id="HBE890A3FD4B84AAD827BE3B3EAFCC3F0"><header display-inline="yes-display-inline">Administrative provisions—federal
communications commission</header>
</appropriations-small><section commented="no" display-inline="no-display-inline" id="H46C12AD0297647388A341FEA6C4485CE" section-type="subsequent-section"><enum>510.</enum><text display-inline="yes-display-inline">Section 302 of the Universal Service
Antideficiency Temporary Suspension Act is amended by striking <quote>December
31, 2011</quote>, each place it appears and inserting <quote>December 31,
2013</quote>.</text>
</section><section commented="no" display-inline="no-display-inline" id="H5A9DBC9870E44497AB1A45ADA71D19C2" section-type="subsequent-section"><enum>511.</enum><text display-inline="yes-display-inline">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.</text>
<appropriations-intermediate id="HFC289CF36CDC4C8F8714192FA0DDFEF0"><header>Federal Deposit Insurance
Corporation</header>
</appropriations-intermediate><appropriations-small id="HA29122B0B23B4885B298520F9A7C1041"><header>Office of
the inspector general</header>
</appropriations-small><appropriations-small id="HD4B0B3CD9F7641D1885147DA50E80095"><text display-inline="no-display-inline">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.</text>
</appropriations-small><appropriations-intermediate id="H12D19868AC8D4C77AC2A7E1DA351E1D5"><header>Federal Election
Commission</header>
</appropriations-intermediate><appropriations-small id="HEDBFA2CD3B0B496F86B1064929B773A6"><header>Salaries
and expenses</header><text display-inline="no-display-inline">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.</text>
</appropriations-small><appropriations-intermediate id="H52A07F7CE1FF448CA6E0F9A10587F56E"><header>Federal Labor Relations
Authority</header>
</appropriations-intermediate><appropriations-small id="H379175CA679D4987B30E049B0E19C9EA"><header>Salaries
and expenses</header><text display-inline="no-display-inline">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:
<proviso><italic>Provided</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, 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.</text>
</appropriations-small><appropriations-intermediate id="HDF9CCE925E154CE4B04EF1303E535F37"><header>Federal Trade
Commission</header>
</appropriations-intermediate><appropriations-small commented="no" id="HA4B02EE922E24FB3BE46E698BAD93AAA"><header>Salaries and
expenses</header><text display-inline="no-display-inline">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:
<proviso><italic>Provided</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, 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).</text>
</appropriations-small><appropriations-intermediate commented="no" id="H06ADFC5F8B2244B4A2B47FC929D872D8"><header display-inline="yes-display-inline">General services
administration</header>
</appropriations-intermediate><appropriations-small commented="no" id="H46CE99FA0FB54F2AB1BF3E6F0DD9DE97"><header display-inline="yes-display-inline">real property
activities</header>
</appropriations-small><appropriations-small commented="no" id="H62C15C98CE124242B3F2FEA008F38703"><header display-inline="yes-display-inline">federal buildings
fund</header>
</appropriations-small><appropriations-small commented="no" id="HD471968E9A6E490DABE401741782C01A"><header display-inline="yes-display-inline">limitations on availability of
revenue</header><text display-inline="no-display-inline">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):
<proviso><italic>Provided</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, That the amounts
provided in this or any prior Act for <quote>Repairs and Alterations</quote>
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:
<proviso><italic>Provided further</italic></proviso>, That the
difference between the funds appropriated and expended on any projects in this
or any prior Act, under the heading <quote>Repairs and Alterations</quote>, may
be transferred to Basic Repairs and Alterations or used to fund authorized
increases in prospectus projects:
<proviso><italic>Provided further</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, 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 <quote>Repairs and Alterations</quote> 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:
<proviso><italic>Provided further</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, That funds
available in the Federal Buildings Fund may be expended for emergency repairs
when advance approval is obtained from the Committees on Appropriations:
<proviso><italic>Provided further</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, 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.</text>
</appropriations-small><appropriations-small id="HDA05A546612E486EB36AD54F88911E8F"><header>General
activities</header>
</appropriations-small><appropriations-small id="H0DC9F9E15A38436492A3BA152FE30968"><header>Government-wide
policy</header><text display-inline="no-display-inline">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.</text>
</appropriations-small><appropriations-small id="HEC800A345FB548EA96B8E85EA0C529A8"><header>Operating
expenses</header>
</appropriations-small><appropriations-small commented="no" id="H1E745DF6BBA64464A3AA6A427968041A"><text display-inline="no-display-inline">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.</text>
</appropriations-small><appropriations-small commented="no" id="HE02F987B02904C44BF0020A502E7D17F"><header display-inline="yes-display-inline">Office of inspector general</header><text display-inline="no-display-inline">For necessary expenses of the Office of
Inspector General and service authorized by 5 U.S.C. 3109, $58,000,000:
<proviso><italic>Provided</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, 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.</text>
</appropriations-small><appropriations-small id="id09C26CD7F2354AE891F4EA52656A52EC"><header>ELECTRONIC GOVERNMENT
FUND</header>
</appropriations-small><appropriations-small id="idC1CA0762CD7448479D82A5C7EBAE97E6"><header>(INCLUDING TRANSFER OF
FUNDS)</header><text display-inline="no-display-inline">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:
<proviso><italic>Provided</italic>,</proviso> That these funds may be
transferred to Federal agencies to carry out the purpose of the Fund:
<proviso><italic>Provided further</italic>,</proviso> That this
transfer authority shall be in addition to any other transfer authority
provided in this Act:
<proviso><italic>Provided further</italic>,</proviso> 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.</text>
</appropriations-small><appropriations-small id="H9B676E0C7551425EBAD7B299221917E4"><header>Allowances
and office staff for former presidents</header>
</appropriations-small><appropriations-small commented="no" id="H9B45D5E038CA44F088A33F7EE2100E9B"><text display-inline="no-display-inline">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.</text>
</appropriations-small><appropriations-small id="id7149944CD3C04B8F8B67D369200E4C9C"><header>FEDERAL
CITIZEN SERVICES FUND</header><text display-inline="no-display-inline">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:
<proviso><italic>Provided</italic>,</proviso> 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.</text>
</appropriations-small><appropriations-intermediate id="H3E2C3BE0EEBF473C99EA73A03DB37950"><header>Administrative
Provisions—General Services
Administration</header>
</appropriations-intermediate><appropriations-small id="HA41020A9F6014F70B0DC5CE94553A4E8"><header>(including
transfers of funds and rescission)</header>
</appropriations-small></section><section id="H644EA92C9A1D4704883061A664450E43"><enum>520.</enum><text display-inline="yes-display-inline">Funds available to the General Services
Administration shall be available for the hire of passenger motor
vehicles.</text>
</section><section commented="no" display-inline="no-display-inline" id="H5D478BD90D35424CA784C7AD4CF58682" section-type="subsequent-section"><enum>521.</enum><text display-inline="yes-display-inline">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:
<proviso><italic>Provided</italic></proviso>, That any proposed
transfers shall be approved in advance to the Committees on Appropriations of
the House of Representatives and the Senate.</text>
</section><section commented="no" display-inline="no-display-inline" id="H07E41E36A13E4B4BB00F31571A752141" section-type="subsequent-section"><enum>522.</enum><text display-inline="yes-display-inline">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.</text>
</section><section id="HF9F54EAE4DC844BAADA290E0488AB23E"><enum>523.</enum><text display-inline="yes-display-inline">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).</text>
</section><section id="H64298A87999F40EF82D6FC687FDBDE8B"><enum>524.</enum><text display-inline="yes-display-inline">From funds made available under the heading
<quote>Federal Buildings Fund, Limitations on Availability of Revenue</quote>,
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.</text>
</section><section commented="no" display-inline="no-display-inline" id="H75C673041E764B44A35E1F6242469E60" section-type="subsequent-section"><enum>525.</enum><text display-inline="yes-display-inline">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.</text>
</section><section commented="no" display-inline="no-display-inline" id="idBCE133EE1F0D41A3B421949A62FE799B" section-type="subsequent-section"><enum>526.</enum><text display-inline="yes-display-inline">Section 1703 of title 41 U.S.C. is amended
in paragraph (i)(6) by:</text>
<paragraph commented="no" display-inline="no-display-inline" id="idB38021A9EB784D65813C9D771EAD897E"><enum>(1)</enum><text display-inline="yes-display-inline">deleting <quote>for training</quote>;
and</text>
</paragraph><paragraph commented="no" display-inline="no-display-inline" id="idD0A39443C8AA47C8848E0C905E633025"><enum>(2)</enum><text display-inline="yes-display-inline">deleting <quote>paragraph (2)</quote> and
inserting in lieu thereof <quote>subparagraphs (A) and (C) to (J) of section
1122(a)(5) of this title</quote>.</text>
</paragraph></section><section commented="no" display-inline="no-display-inline" id="id3DB39CDEF532415CB9ADCD6BF9FE4E55" section-type="subsequent-section"><enum>527.</enum><text display-inline="yes-display-inline">Of the amounts made available under the
heading <quote>Policy and Operations</quote> 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.</text>
</section><section id="HF6376D2C1601447195F8E0C223FF6C94"><enum>528.</enum><text display-inline="yes-display-inline">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.</text>
<appropriations-intermediate id="H8CD13CA0C021415CAB6FA981BEAE574E"><header>Harry S Truman Scholarship
Foundation</header>
</appropriations-intermediate><appropriations-small commented="no" id="HAFE8452593654328A699078B59FED7B1"><header>Salaries and
expenses</header><text display-inline="no-display-inline">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.</text>
</appropriations-small><appropriations-intermediate commented="no" id="HEAFA95AB11694582AF1C2498F9D5F353"><header display-inline="yes-display-inline">Merit systems protection
board</header>
</appropriations-intermediate><appropriations-small commented="no" id="H4663CC3471F34C2286A2F7A11EFDE048"><header display-inline="yes-display-inline">salaries and
expenses</header>
</appropriations-small><appropriations-small commented="no" id="HF8AA0FE023E2483494110341A19C5F01"><header display-inline="yes-display-inline">(including transfer of funds)</header><text display-inline="no-display-inline">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.</text>
</appropriations-small><appropriations-intermediate commented="no" id="H3CAF043A5DFE4915981150A933DBB9C3"><header display-inline="yes-display-inline">Morris K. udall and stewart L. udall
foundation</header>
</appropriations-intermediate><appropriations-small commented="no" id="HE44A80469C154B14A42CC845DBD6A482"><header display-inline="yes-display-inline">Morris k. udall and stewart L. Udall trust
fund</header>
</appropriations-small><appropriations-small commented="no" id="H1AD303F519C44A4F815E0F2FB9E43EDD"><text display-inline="no-display-inline">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)).</text>
</appropriations-small><appropriations-small commented="no" id="H527FD81EC6184200A5B0B810E588D50E"><header display-inline="yes-display-inline">Environmental dispute resolution
fund</header><text display-inline="no-display-inline">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.</text>
</appropriations-small><appropriations-intermediate commented="no" id="H7828E16940C346BE88826A68A8830FE2"><header display-inline="yes-display-inline">National archives and records
administration</header>
</appropriations-intermediate><appropriations-small id="id775C1E9E1F1843AD8E5A938FD72AE19A"><header>operating
expenses</header>
</appropriations-small><appropriations-small commented="no" id="HFBABFFFA207E4F2884B6897C8B39DF09"><header display-inline="yes-display-inline">(Including transfer of funds)</header><text display-inline="no-display-inline">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:
<proviso><italic>Provided</italic></proviso>, That all remaining
balances appropriated in prior fiscal years under the heading <quote>Electronic
Records Archives</quote> shall be transferred to this
account.</text>
</appropriations-small><appropriations-small id="HDED6825F9C234A9683C2C6853390AB07"><header>Office of
inspector general</header><text display-inline="no-display-inline">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.</text>
</appropriations-small><appropriations-small commented="no" id="H62FA3F2954FB45AFAF050E5CD8278B1E"><header display-inline="yes-display-inline">repairs and restoration</header><text display-inline="no-display-inline">For the repair, alteration, and improvement
of archives facilities, and to provide adequate storage for holdings,
$9,100,000, to remain available until expended:
<proviso><italic>Provided</italic>,</proviso> 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:
<proviso><italic>Provided further</italic></proviso>, 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.</text>
</appropriations-small><appropriations-small commented="no" id="H337F891BFC0C4E70836835A3BF4A3292"><header display-inline="yes-display-inline"> national historical publications and
records commission</header>
</appropriations-small><appropriations-small commented="no" id="HB8025BDFEA404D8389D444E2BAE0F7E2"><header display-inline="yes-display-inline">grants
program</header><text display-inline="no-display-inline">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.</text>
</appropriations-small><appropriations-intermediate commented="no" id="H286613A059C34473AFFE9022AF85B48B"><header display-inline="yes-display-inline">National credit union
administration</header>
</appropriations-intermediate><appropriations-small commented="no" id="H6C5428181D974A6C8CB108CAE6D93F76"><header display-inline="yes-display-inline">central liquidity facility</header><text display-inline="no-display-inline">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)):
<proviso><italic>Provided</italic></proviso>, That administrative
expenses of the Central Liquidity Facility in fiscal year 2012 shall not exceed
$1,250,000.</text>
</appropriations-small><appropriations-small commented="no" id="H9DCB2E0BD8E949B88AD9F09F42CF7DA7"><header display-inline="yes-display-inline">Community development revolving loan
fund</header><text display-inline="no-display-inline">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.</text>
</appropriations-small><appropriations-intermediate commented="no" id="H59A735C39E1A47C28581BF2A5BF4B616"><header display-inline="yes-display-inline">Office of government
ethics</header>
</appropriations-intermediate><appropriations-small commented="no" id="H43ED2F391971470298BC3183A58F4DEA"><header display-inline="yes-display-inline">salaries and expenses</header><text display-inline="no-display-inline">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.</text>
</appropriations-small><appropriations-intermediate commented="no" id="HEF8A261966CB429B85D86B426DBB72E3"><header display-inline="yes-display-inline">Office of personnel
management</header>
</appropriations-intermediate><appropriations-small commented="no" id="HABE0F0930FDD4C15A26D36337627249A"><header display-inline="yes-display-inline">Salaries and
expenses</header>
</appropriations-small><appropriations-small commented="no" id="H05BFE2BC71024A1E84BEC71C0E35430F"><header display-inline="yes-display-inline">(including transfer of trust
funds)</header><text display-inline="no-display-inline">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:
<proviso><italic>Provided</italic>,</proviso> 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:
<proviso><italic>Provided further</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, 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.</text>
</appropriations-small><appropriations-small id="H4CBBCC4FE3FE4BA191810BA5A4E63E5A"><header>Office of
inspector general</header>
</appropriations-small><appropriations-small id="HA7D50ACE194D4980A21FE2CC0D6D09E2"><header>Salaries
and expenses</header>
</appropriations-small><appropriations-small commented="no" id="H6109620F28FA4D178798E5ED9A368BAD"><header>(including transfer of trust
funds)</header><text display-inline="no-display-inline">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:
<proviso><italic>Provided</italic></proviso>, That the Inspector
General is authorized to rent conference rooms in the District of Columbia and
elsewhere.</text>
</appropriations-small><appropriations-small commented="no" id="HA18975C91668405587D5E0BEB0CA3416"><header display-inline="yes-display-inline">government payment for annuitants,
employees health benefits</header><text display-inline="no-display-inline">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.</text>
</appropriations-small><appropriations-small commented="no" id="HC7357AA117B04388A19D6DD0B52100B0"><header display-inline="yes-display-inline">government payment for annuitants, employee
life insurance</header><text display-inline="no-display-inline">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.</text>
</appropriations-small><appropriations-small commented="no" id="HA4C758F378A14CF7B971A31DE4E107C7"><header display-inline="yes-display-inline">payment to civil service retirement and
disability fund</header><text display-inline="no-display-inline">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:
<proviso><italic>Provided</italic></proviso>, 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.</text>
</appropriations-small><appropriations-intermediate commented="no" id="H14ED88CA8A92453ABFF3999DC6A46B1B"><header display-inline="yes-display-inline">Office of special
counsel</header>
</appropriations-intermediate><appropriations-small commented="no" id="H152F4E57685A4E1685A9CCA020C199DF"><header display-inline="yes-display-inline">salaries and expenses</header><text display-inline="no-display-inline">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.</text>
</appropriations-small><appropriations-intermediate commented="no" id="H663EED4AD70548A696B2F09306384B0A"><header display-inline="yes-display-inline">Postal regulatory
commission</header>
</appropriations-intermediate><appropriations-small commented="no" id="H1AB77E66A4CE443095A3818BD705224F"><header display-inline="yes-display-inline">Salaries and
expenses</header>
</appropriations-small><appropriations-small commented="no" id="HA6E339A291CC414DA56D7580BF950B7D"><header display-inline="yes-display-inline">(including transfer of funds)</header><text display-inline="no-display-inline">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.</text>
</appropriations-small><appropriations-intermediate commented="no" id="H4F19A5C8E37F4CF7AA0F5815AA549777"><header display-inline="yes-display-inline">Privacy and civil liberties oversight
board</header>
</appropriations-intermediate><appropriations-small commented="no" id="HF6D8C4160C84462897293B8E3D7D392D"><header display-inline="yes-display-inline">Salaries and expenses</header><text display-inline="no-display-inline">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.</text>
</appropriations-small><appropriations-intermediate commented="no" id="idFB9A274A0CD040C4B4F0E21800604B9B"><header display-inline="yes-display-inline">Recovery Accountability and Transparency
Board</header>
</appropriations-intermediate><appropriations-small commented="no" id="id685061AA718F45CDA96EB2A4CB3FF287"><header display-inline="yes-display-inline">Salaries and Expenses</header><text display-inline="no-display-inline">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.</text>
</appropriations-small><appropriations-intermediate commented="no" id="HF097C9D2AEA84787BB05CBECAF6E02D7"><header display-inline="yes-display-inline">Securities and exchange
commission</header>
</appropriations-intermediate><appropriations-small commented="no" id="HA8A0549E5F9C47AFB597D9B4200E8AAA"><header display-inline="yes-display-inline">salaries and expenses</header><text display-inline="no-display-inline">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:
<proviso><italic>Provided</italic>,</proviso> 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:
<proviso><italic>Provided further</italic></proviso>, That not to
exceed $1,321,000,000 of such offsetting collections shall be available until
expended for necessary expenses of this account:
<proviso><italic>Provided further</italic></proviso>, 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.</text>
</appropriations-small><appropriations-intermediate commented="no" id="H0C0903FC0B204DE288166ECA6A984FA2"><header display-inline="yes-display-inline">Selective service
system</header>
</appropriations-intermediate><appropriations-small commented="no" id="H2651FB18C10144D8B18EB9B34AADAA5C"><header display-inline="yes-display-inline">salaries and
expenses</header>
</appropriations-small><appropriations-small commented="no" id="H18547FC11F4D4804B1EA8E8CDB00B923"><text display-inline="no-display-inline">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:
<proviso><italic>Provided</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, 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.</text>
</appropriations-small><appropriations-intermediate commented="no" id="H77DEA81A3C304D83ABC9D0495F59D084"><header display-inline="yes-display-inline">Small business
administration</header>
</appropriations-intermediate><appropriations-small commented="no" id="H616E72795A5C4F13B53DF716EB815182"><header display-inline="yes-display-inline">Salaries and expenses</header><text display-inline="no-display-inline">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:
<proviso><italic>Provided</italic></proviso>, 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 <act-name parsable-cite="SBA">Small
Business Act</act-name>:
<proviso><italic>Provided further</italic></proviso>, 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:
<proviso><italic> Provided further,</italic></proviso> 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:
<proviso><italic>Provided further</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, 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:
<proviso><italic>Provided further,</italic></proviso> That $7,100,000
shall be available for the Loan Modernization and Accounting System, to be
available until September 30, 2013:
<proviso><italic>Provided further</italic></proviso>, 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).</text>
</appropriations-small><appropriations-small id="HF64DD1019FDF4FE4AB2969EB0C504693"><header>Office of
inspector general</header><text display-inline="no-display-inline">For
necessary expenses of the Office of Inspector General in carrying out the
provisions of the Inspector General Act of 1978,
$16,267,000.</text>
</appropriations-small><appropriations-small commented="no" id="id3F44ADF7DB3F43E6A79939F41EB60158"><header display-inline="yes-display-inline">Office of
Advocacy</header>
</appropriations-small><appropriations-small commented="no" id="id7DBEAE443D874962AAB2227CEF445117"><text display-inline="no-display-inline">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.</text>
</appropriations-small><appropriations-small id="H49AAB43D2D9047EAA87CA81F397F9C6F"><header>Business
loans program account</header>
</appropriations-small><appropriations-small id="H935BEEB126D84CF9963751A041D60EBA"><header>(including
transfer of funds)</header><text display-inline="no-display-inline">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:
<proviso><italic>Provided</italic></proviso>, That such costs,
including the cost of modifying such loans, shall be as defined in section 502
of the Congressional Budget Act of 1974:
<proviso><italic>Provided further</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, 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.</text>
</appropriations-small><appropriations-small commented="no" id="H22CB177F9A8C4726A9928E984860765A"><header>Disaster loans program
account</header>
</appropriations-small><appropriations-small commented="no" id="H9569A68DFDA74CF789F1E9CA6D08EE2E"><header>(including transfers of
funds)</header><text display-inline="no-display-inline">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.</text>
</appropriations-small><appropriations-small commented="no" id="H81506F9443D948D7BB18A7FE6A7718E0"><header display-inline="yes-display-inline">administrative provisions—small business
administration</header>
</appropriations-small><appropriations-small commented="no" id="HDE63AB91DBF8415096F30B7E3CA76C86"><header display-inline="yes-display-inline">(including transfer of
funds)</header>
</appropriations-small></section><section commented="no" display-inline="no-display-inline" id="HF4662C0BB1AE43ADB84E0B733000FC88" section-type="subsequent-section"><enum>530.</enum><text display-inline="yes-display-inline">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:
<proviso><italic>Provided</italic></proviso>, 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.</text>
</section><section id="H83C9F26B824D4FDAA03CD16EC76E860F"><enum>531.</enum><text display-inline="yes-display-inline">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”.</text>
</section><section id="HFB8A217A373B4F8BBBAFF9C6ED7C7E63"><enum>532.</enum><text display-inline="yes-display-inline">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.</text>
<appropriations-intermediate id="H69455F04B4984021892BE0C9BB3FD816"><header>United States Postal
Service</header>
</appropriations-intermediate><appropriations-small commented="no" id="H3A5C2EE437BE4BDF990175BD5AC801C3"><header>Payment to the postal service
fund</header><text display-inline="no-display-inline">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:
<proviso><italic>Provided</italic></proviso>, That mail for overseas
voting and mail for the blind shall continue to be free:
<proviso><italic>Provided further</italic></proviso>, That 6-day
delivery and rural delivery of mail shall continue at not less than the 1983
level:
<proviso><italic>Provided further</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, 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.</text>
</appropriations-small><appropriations-small commented="no" id="HCEF1030EFB5B4A849943BE470D32B679"><header display-inline="yes-display-inline">Office of inspector
general</header>
</appropriations-small><appropriations-small commented="no" id="HEF6EBD41F23547C4BD7E8AFA956BC28D"><header display-inline="yes-display-inline">Salaries and
expenses</header>
</appropriations-small><appropriations-small commented="no" id="H15FDD0C2CCE24653A61903FCDB760261"><header display-inline="yes-display-inline">(including transfer of funds)</header><text display-inline="no-display-inline">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).</text>
</appropriations-small><appropriations-intermediate commented="no" id="H2EDD73BB2A0F4E2D9D0B10C8403B9C5B"><header display-inline="yes-display-inline">United states tax
court</header>
</appropriations-intermediate><appropriations-small commented="no" id="H5F28F1BB2EAC45928E35CF3EF08235EB"><header display-inline="yes-display-inline">Salaries and expenses</header><text display-inline="no-display-inline">For necessary expenses, including contract
reporting and other services as authorized by 5 U.S.C. 3109, $51,079,000:
<proviso><italic>Provided</italic></proviso>, That travel expenses of
the judges shall be paid upon the written certificate of the
judge.<pagebreak></pagebreak></text>
</appropriations-small></section><enum>VI</enum><header display-inline="no-display-inline">General provisions—This Act</header>
<appropriations-small id="H32A631F3E27A4D22BB257F0D7628C4EF"><header>(including
rescissions)</header>
</appropriations-small><section id="H619F62C53E7242F899AE10BB73EB1383"><enum>601.</enum><text display-inline="yes-display-inline">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.</text>
</section><section id="H3AB89798329F4C8EA1CA1DE6EF983BC7"><enum>602.</enum><text display-inline="yes-display-inline">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.</text>
</section><section id="HEF535B5EFD2D4698A4A0323425CC2603"><enum>603.</enum><text display-inline="yes-display-inline">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.</text>
</section><section id="HB27AE500C67A4F1696B814ECCBB40F8D"><enum>604.</enum><text display-inline="yes-display-inline">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.</text>
</section><section id="HFDEF010BFB0346FCB91659122841EA98"><enum>605.</enum><text display-inline="yes-display-inline">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).</text>
</section><section id="HFDEF010BFB0346FCB91659122841XX1"><enum>606.</enum><text display-inline="yes-display-inline">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).</text>
</section><section id="HFDEF010BFB0346FCB91659122841XX2"><enum>607.</enum><text display-inline="yes-display-inline">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).</text>
</section><section id="H44D4B48A8BAD42A28DDB3154CFFF9396"><enum>608.</enum><text display-inline="yes-display-inline">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:
<proviso><italic>Provided</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, 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.</text>
</section><section id="HFDEF010BFB0346FCB91659122841XX3"><enum>609.</enum><text display-inline="yes-display-inline">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:
<proviso><italic>Provided</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, That these
requests shall be made in compliance with reprogramming guidelines.</text>
</section><section id="H5E1E7359D2CB432887E5013C7B4FA4FA"><enum>610.</enum><text display-inline="yes-display-inline">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—</text>
<paragraph id="HC06F887EBD82407FBB9E3EE9EBB00FAA"><enum>(1)</enum><text>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</text>
</paragraph><paragraph id="HA0F2F55A49144FC38216B7C5D9CC436A"><enum>(2)</enum><text>such request is
required due to extraordinary circumstances involving national security.</text>
</paragraph></section><section id="HFDEF010BFB0346FCB91659122841XX4"><enum>611.</enum><text display-inline="yes-display-inline">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.</text>
</section><section id="HFDEF010BFB0346FCB91659122841XX5"><enum>612.</enum><text display-inline="yes-display-inline">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.</text>
</section><section id="HFDEF010BFB0346FCB91659122841XX6"><enum>613.</enum><text display-inline="yes-display-inline">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.</text>
</section><section id="HFDEF010BFB0346FCB91659122841XX7"><enum>614.</enum><text display-inline="yes-display-inline">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.</text>
</section><section id="HFDEF010BFB0346FCB91659122841XX8"><enum>615.</enum><text display-inline="yes-display-inline">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).</text>
</section><section id="HFDEF010BFB0346FCB91659122841XX9"><enum>616.</enum><text display-inline="yes-display-inline">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.</text>
</section><section id="HB4B2A57460B746E28A12B4A385AF0DBA"><enum>617.</enum><text display-inline="yes-display-inline">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.</text>
</section><section id="H0D9FE17D4CC74B47A2E5589F8F33D7DB"><enum>618.</enum><text display-inline="yes-display-inline">From the unobligated balances of prior year
appropriations made available for the Privacy and Civil Liberties Oversight
Board, $998,000 are rescinded.</text>
</section><section commented="no" display-inline="no-display-inline" id="id20689585DE3547A0BC2BDB4D25D69A1F" section-type="subsequent-section"><enum>619.</enum><text display-inline="yes-display-inline">Section 1107 of title 31, United States
Code, is amended by adding to the end thereof the following: <quote>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.</quote>.</text>
</section><section id="HFDEF010BFB0346FCB91659122841XXB"><enum>620.</enum><text display-inline="yes-display-inline">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.</text>
</section><section commented="no" display-inline="no-display-inline" id="id1C32E1D9F17A49FBABF11FA1900B4AAC" section-type="subsequent-section"><enum>621.</enum><text display-inline="yes-display-inline">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.</text>
</section><section commented="no" display-inline="no-display-inline" id="id04C26130A28E48A29E9B836169426300" section-type="subsequent-section"><enum>622.</enum><text display-inline="yes-display-inline">The Help America Vote Act of 2002 (Public
Law 107–252) is amended by:</text>
<paragraph commented="no" display-inline="no-display-inline" id="idE9B1E9F4FB60489E8F2DB0EBBC52A9E3"><enum>(1)</enum><text display-inline="yes-display-inline">inserting in section 255(b)(42 U.S.C.
15405) <quote>posted on the Commission's website with a notice</quote> after
<quote>cause to have the plan</quote>;</text>
</paragraph><paragraph commented="no" display-inline="no-display-inline" id="idF38A90BE16BB406D86DC8C9754326C63"><enum>(2)</enum><text display-inline="yes-display-inline">inserting in section 253(d)(42 U.S.C.
15403) <quote>notice of</quote> prior to <quote>the State plan</quote>;</text>
</paragraph><paragraph commented="no" display-inline="no-display-inline" id="id71821B3FE7694D429B70C0672D131EDA"><enum>(3)</enum><text display-inline="yes-display-inline">inserting in section 254(a)(11)(42 U.S.C.
15404) <quote>notice of</quote> prior to <quote>the change</quote>; and</text>
</paragraph><paragraph commented="no" display-inline="no-display-inline" id="id7B0C82CE741545EF9FF7D64D2B997897"><enum>(4)</enum><text display-inline="yes-display-inline">inserting in section 254(a)(11)(C)(42
U.S.C. 15404) <quote>notice of</quote> prior to <quote>the
change</quote>.</text>
</paragraph></section><section commented="no" id="HF2202E5FFA664626BDEC6A88F9EA6E7F"><enum>623.</enum><text display-inline="yes-display-inline">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.</text>
</section><section id="HE1C5FE0635E14B5694087EF693BBD18B"><enum>624.</enum><text display-inline="yes-display-inline">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.</text>
</section><section commented="no" id="HB67458F9B4114E33A7976280F59DEC20"><enum>625.</enum><subsection commented="no" display-inline="yes-display-inline" id="H02AE6DA196834E41AA78553C962A2851"><enum>(a)</enum><paragraph commented="no" display-inline="yes-display-inline" id="H62E2733832E64A1B878391573284D85B"><enum>(1)</enum><text display-inline="yes-display-inline">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.</text>
</paragraph><paragraph commented="no" id="H77BF0B102EB1445982A7B7A475342962" indent="up1"><enum>(2)</enum><text display-inline="yes-display-inline">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.</text>
</paragraph></subsection><subsection commented="no" id="H3FF250BF3D4B40ED849E4FBC841F8C9F"><enum>(b)</enum><text display-inline="yes-display-inline">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.</text>
</subsection></section><section commented="no" id="H07FB8F97FEE64DA4985CC0D07E2594E9"><enum>626.</enum><text display-inline="yes-display-inline">None of the funds made available in this
Act may be used by the Federal Trade Commission to complete the draft report
entitled ‘‘Interagency Working Group on Food Marketed to Children: Preliminary
Proposed Nutrition Principles to Guide Industry Self-Regulatory Efforts” unless
the Interagency Working Group on Food Marketed to Children complies with
Executive Order 13563.</text>
</section><section id="H088F1D8E46D442FA81BE4A2FAD9D6BBA"><enum>627.</enum><text display-inline="yes-display-inline">None of the funds made available by this
Act may be used to pay the salaries and expenses for the following
positions:</text>
<paragraph id="H68A5D2E639DF47CF9A5A97BD613EB0CC"><enum>(1)</enum><text>Director, White
House Office of Health Reform.</text>
</paragraph><paragraph id="H1437AE87D1C6479785A7D8831EEF0ECD"><enum>(2)</enum><text>Assistant to the
President for Energy and Climate Change.</text>
</paragraph><paragraph id="H5B9377D25A50437A85C09A05873DA86D"><enum>(3)</enum><text>Senior Advisor to
the Secretary of the Treasury assigned to the Presidential Task Force on the
Auto Industry and Senior Counselor for Manufacturing Policy.</text>
</paragraph><paragraph id="HEC5CB438FF854AA78FA60AE6B752F6D1"><enum>(4)</enum><text>White House
Director of Urban Affairs.</text>
</paragraph></section><section commented="no" display-inline="no-display-inline" id="H0EF616B8B54442EDB44B4520B0FC8AA9" section-type="subsequent-section"><enum>628.</enum><text display-inline="yes-display-inline">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.</text>
</section><section commented="no" display-inline="no-display-inline" id="HCA99C33A213A4D5B95711F82FFA4F9F4" section-type="subsequent-section"><enum>629.</enum><text display-inline="yes-display-inline">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).</text>
</section><section commented="no" display-inline="no-display-inline" id="HD2F58CA0FE3F466B91C9F49EE3262869" section-type="subsequent-section"><enum>630.</enum><text display-inline="yes-display-inline">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.</text>
</section><section commented="no" id="HD0DC9ED0428D4107B8EC0907D7A79F03"><enum>631.</enum><text display-inline="yes-display-inline">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.</text>
</section><section commented="no" id="idAEE948E840784C9BA09233BE58CAFC0E"><enum>632.</enum><text display-inline="yes-display-inline">During fiscal year 2012, for purposes of
section 908(b)(1) of the Trade Sanctions Reform and Export Enhancement Act of
2000 (22 U.S.C. 7207(b)(1)), the term ‘‘payment of cash in advance’’ shall be
interpreted as payment before the transfer of title to, and control of, the
exported items to the Cuban purchaser.</text>
</section><section commented="no" id="ID9d60a9a09a5546d4871cb8659919cdb6"><enum>633.</enum><text>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”.</text>
</section><section commented="no" id="H893D7142FCF24AC689850AFC4A9DD385"><enum>634.</enum><text display-inline="yes-display-inline">Any amendments made after January 19, 2009,
to the regulations set forth in sections 515.560(a)(1), 515.560(c)(4)(i),
515.561, and 515.570 of title 31, Code of Federal Regulations, are hereby
repealed, and such regulations are restored and shall be carried out as in
effect on such date, notwithstanding any guidelines, opinions, letters,
Presidential directives, or agency practices relating to such regulations
issued or carried out after such date:
<proviso><italic>Provided</italic></proviso>, That any references in
such section 515.561 to the regulations set forth in section 515.560(c) of such
Code shall be considered to be references to such regulations as in effect on
January 19, 2009. <pagebreak></pagebreak></text>
</section><enum>VII</enum><header display-inline="no-display-inline">General provisions—Government-wide</header>
<appropriations-intermediate commented="no" id="HC3CFA849D5294B2FA6EB66F89504482B"><header display-inline="yes-display-inline">Departments, agencies, and
corporations</header>
</appropriations-intermediate><section id="XXXXX100001"><enum>701.</enum><text display-inline="yes-display-inline">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.</text>
</section><section commented="no" display-inline="no-display-inline" id="XXXXX100002" section-type="subsequent-section"><enum>702.</enum><text display-inline="yes-display-inline">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:
<proviso><italic>Provided</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, 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.</text>
</section><section id="XXXXX100003"><enum>703.</enum><text display-inline="yes-display-inline">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.</text>
</section><section commented="no" display-inline="no-display-inline" id="H760B2B7DC8F9415C985987869ABA0913" section-type="subsequent-section"><enum>704.</enum><text display-inline="yes-display-inline">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:
<proviso><italic>Provided</italic></proviso>, 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:
<proviso><italic>Provided further</italic>,</proviso> That for
purposes of subsections (2) and (3) such affidavits shall be submitted prior to
employment and updated thereafter as necessary:
<proviso><italic>Provided further</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, That the above
penal clause shall be in addition to, and not in substitution for, any other
provisions of existing law:
<proviso><italic>Provided further</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, 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.</text>
</section><section id="XXXXX100005"><enum>705.</enum><text display-inline="yes-display-inline">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.</text>
</section><section id="XXXXX100006"><enum>706.</enum><text display-inline="yes-display-inline">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:</text>
<paragraph id="XXXXX100007"><enum>(1)</enum><text>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.</text>
</paragraph><paragraph id="XXXXX100008"><enum>(2)</enum><text>Other Federal agency
environmental management programs, including, but not limited to, the
development and implementation of hazardous waste management and pollution
prevention programs.</text>
</paragraph><paragraph id="XXXXX100009"><enum>(3)</enum><text>Other employee programs
as authorized by law or as deemed appropriate by the head of the Federal
agency.</text>
</paragraph></section><section id="XXXXX1000010"><enum>707.</enum><text display-inline="yes-display-inline">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:
<proviso><italic>Provided</italic></proviso>, 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.</text>
</section><section id="XXXXX1000011"><enum>708.</enum><text display-inline="yes-display-inline">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.</text>
</section><section commented="no" display-inline="no-display-inline" id="XXXXX1000012" section-type="subsequent-section"><enum>709.</enum><text display-inline="yes-display-inline">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.</text>
</section><section id="XXXXX1000026"><enum>710.</enum><text display-inline="yes-display-inline">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 <quote>office</quote> 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.</text>
</section><section id="XXXXX1000027"><enum>711.</enum><text display-inline="yes-display-inline">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).</text>
</section><section id="XXXXX1000028"><enum>712.</enum><subsection commented="no" display-inline="yes-display-inline" id="XXXXX1000029"><enum>(a)</enum><text display-inline="yes-display-inline">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.</text>
</subsection><subsection id="XXXXX1000030"><enum>(b)</enum><text>The provisions of
this section shall not apply to Federal employees or members of the armed
forces detailed to or from—</text>
<paragraph id="XXXXX1000031"><enum>(1)</enum><text>the Central
Intelligence Agency;</text>
</paragraph><paragraph id="XXXXX1000032"><enum>(2)</enum><text>the National Security
Agency;</text>
</paragraph><paragraph id="XXXXX1000033"><enum>(3)</enum><text>the Defense
Intelligence Agency;</text>
</paragraph><paragraph id="XXXXX1000034"><enum>(4)</enum><text>the National
Geospatial-Intelligence Agency;</text>
</paragraph><paragraph id="XXXXX1000035"><enum>(5)</enum><text>the offices within the
Department of Defense for the collection of specialized national foreign
intelligence through reconnaissance programs;</text>
</paragraph><paragraph id="XXXXX1000036"><enum>(6)</enum><text>the Bureau of
Intelligence and Research of the Department of State;</text>
</paragraph><paragraph id="XXXXX1000037"><enum>(7)</enum><text>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</text>
</paragraph><paragraph id="XXXXX1000038"><enum>(8)</enum><text>the Director of
National Intelligence or the Office of the Director of National
Intelligence.</text>
</paragraph></subsection></section><section id="HD0D6E84206C242F683EEF144346FA2E3"><enum>713.</enum><text display-inline="yes-display-inline">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—</text>
<paragraph id="HAA2EC3F62CD0492D8AA0924287B543DD"><enum>(1)</enum><text display-inline="yes-display-inline">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</text>
</paragraph><paragraph id="H642372CDEBF54711A2B2E77BB9B6AD59"><enum>(2)</enum><text display-inline="yes-display-inline">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).</text>
</paragraph></section><section id="H3AC1788B24C24F1089A4CC337E94DE14"><enum>714.</enum><subsection commented="no" display-inline="yes-display-inline" id="HE82A60575D01466087FD12318F11F5DD"><enum>(a)</enum><text display-inline="yes-display-inline">None of the funds made available in this or
any other Act may be obligated or expended for any employee training
that—</text>
<paragraph id="H45D1B3912A4A4A0A873174B3F071B01A"><enum>(1)</enum><text display-inline="yes-display-inline">does not meet identified needs for
knowledge, skills, and abilities bearing directly upon the performance of
official duties;</text>
</paragraph><paragraph id="H5878508D8BFD47ABB8CD06FCAA45594A"><enum>(2)</enum><text display-inline="yes-display-inline">contains elements likely to induce high
levels of emotional response or psychological stress in some
participants;</text>
</paragraph><paragraph id="H57635D7FD84640BFB4CE079E3DBD9EC8"><enum>(3)</enum><text display-inline="yes-display-inline">does not require prior employee
notification of the content and methods to be used in the training and written
end of course evaluation;</text>
</paragraph><paragraph id="H25B245680EBC4A6C896BD2F3EFF050AF"><enum>(4)</enum><text display-inline="yes-display-inline">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</text>
</paragraph><paragraph id="H2C18A78EBF704C108042592D98C72ACC"><enum>(5)</enum><text display-inline="yes-display-inline">is offensive to, or designed to change,
participants’ personal values or lifestyle outside the workplace.</text>
</paragraph></subsection><subsection commented="no" display-inline="no-display-inline" id="H35A05EAD52E146739A614A7D81354292"><enum>(b)</enum><text display-inline="yes-display-inline">Nothing in this section shall prohibit,
restrict, or otherwise preclude an agency from conducting training bearing
directly upon the performance of official duties.</text>
</subsection></section><section commented="no" display-inline="no-display-inline" id="H9C220600BABF434581AA7033272BE1C9" section-type="subsequent-section"><enum>715.</enum><subsection commented="no" display-inline="yes-display-inline" id="id88C1877D63B64E15907226788BB9767B"><enum>(a)</enum><text display-inline="yes-display-inline">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: <quote>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.</quote>:
<proviso><italic>Provided</italic></proviso>, 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.</text>
</subsection><subsection commented="no" display-inline="no-display-inline" id="id9FA5F32C50264779A3BF95BA69C65D68"><enum>(b)</enum><text display-inline="yes-display-inline">Effective 180 days after enactment of this
Act, subsection (a) is amended by—</text>
<paragraph commented="no" display-inline="no-display-inline" id="id99F7004A426B4ADC99D7033A591B9EB4"><enum>(1)</enum><text display-inline="yes-display-inline">striking <quote>Executive Order No.
12958</quote> and inserting <quote>Executive Order No. 13526 (75 Fed. Reg.
707), or any successor thereto</quote>;</text>
</paragraph><paragraph commented="no" display-inline="no-display-inline" id="id24263DC471FB45B289DAACBBF2E6D60E"><enum>(2)</enum><text display-inline="yes-display-inline">after <quote>the Intelligence Identities
Protection Act of 1982 (50 U.S.C. 421 et seq.) (governing disclosures that
could expose confidential Government agents);</quote> inserting <quote>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);</quote>; and</text>
</paragraph><paragraph commented="no" display-inline="no-display-inline" id="id82FDF61D800E4BCB93A6A3362B098FAE"><enum>(3)</enum><text display-inline="yes-display-inline">after <quote>Subversive Activities</quote>
inserting <quote>Control</quote>.</text>
</paragraph></subsection><subsection commented="no" display-inline="no-display-inline" id="idD8C3B31FAB81424B85B5D04D16B4F3D5"><enum>(c)</enum><text display-inline="yes-display-inline">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).</text>
</subsection></section><section id="HC5958AD1D9024CDEAEFAC73C6CB88ED3"><enum>716.</enum><text display-inline="yes-display-inline">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.</text>
</section><section id="XXXXX1000040"><enum>717.</enum><text display-inline="yes-display-inline">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.</text>
</section><section id="H71BBE70691ED4156A01131C648A52FC3"><enum>718.</enum><text display-inline="yes-display-inline">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.</text>
</section><section id="H180BF20CE13046C79680B3E8118BCC17"><enum>719.</enum><text display-inline="yes-display-inline">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.</text>
</section><section id="XXXXX1000041"><enum>720.</enum><subsection commented="no" display-inline="yes-display-inline" id="XXXXX1000042"><enum>(a)</enum><text display-inline="yes-display-inline">In this
section, the term <quote>agency</quote>—</text>
<paragraph id="XXXXX1000043"><enum>(1)</enum><text>means an Executive
agency, as defined under 5 U.S.C. 105; and</text>
</paragraph><paragraph id="XXXXX1000044"><enum>(2)</enum><text>includes a military
department, as defined under section 102 of such title, the Postal Service, and
the Postal Regulatory Commission.</text>
</paragraph></subsection><subsection id="XXXXX1000046"><enum>(b)</enum><text>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.</text>
</subsection></section><section id="XXXXX1000047"><enum>721.</enum><text display-inline="yes-display-inline">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.</text>
<appropriations-small id="HE389BC628AD24CEDB17EE00CBE6E4299"><header>(transfer of
funds)</header>
</appropriations-small></section><section id="XXXXX1000048"><enum>722.</enum><text display-inline="yes-display-inline">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 <quote>General Services Administration,
Government-wide Policy</quote> 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:
<proviso><italic>Provided</italic></proviso>, 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):
<proviso><italic>Provided further</italic></proviso>, That the total
funds transferred or reimbursed shall not exceed $17,000,000 for
Government-Wide innovations, initiatives, and activities:
<proviso><italic>Provided further</italic></proviso>, That the funds
transferred to or for reimbursement of <quote>General Services Administration,
Government-wide Policy</quote> during fiscal year 2012 shall remain available
for obligation through September 30, 2013:
<proviso><italic>Provided further</italic></proviso>, 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.</text>
</section><section id="XXXXX1000049"><enum>723.</enum><text display-inline="yes-display-inline">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.</text>
</section><section id="XXXXX1000050"><enum>724.</enum><text display-inline="yes-display-inline">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:
<proviso><italic>Provided</italic></proviso>, 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.</text>
</section><section id="XXXXX1000051"><enum>725.</enum><text display-inline="yes-display-inline">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:
<proviso><italic>Provided</italic></proviso>, That this provision
shall apply to direct payments, formula funds, and grants received by a State
receiving Federal funds.</text>
</section><section id="XXXXX1000052"><enum>726.</enum><subsection commented="no" display-inline="yes-display-inline" id="XXXXX1000053"><enum>(a)</enum><header>Prohibition of Federal Agency Monitoring of
Individuals' Internet Use</header><text display-inline="yes-display-inline">None of the funds made available in this or
any other Act may be used by any Federal agency—</text>
<paragraph id="XXXXX1000054"><enum>(1)</enum><text>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</text>
</paragraph><paragraph id="XXXXX1000055"><enum>(2)</enum><text>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.</text>
</paragraph></subsection><subsection id="XXXXX1000056"><enum>(b)</enum><header>Exceptions</header><text>The
limitations established in subsection (a) shall not apply to—</text>
<paragraph id="XXXXX1000057"><enum>(1)</enum><text>any record of
aggregate data that does not identify particular persons;</text>
</paragraph><paragraph id="XXXXX1000058"><enum>(2)</enum><text>any voluntary
submission of personally identifiable information;</text>
</paragraph><paragraph id="XXXXX1000059"><enum>(3)</enum><text>any action taken for
law enforcement, regulatory, or supervisory purposes, in accordance with
applicable law; or</text>
</paragraph><paragraph id="XXXXX1000060"><enum>(4)</enum><text>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.</text>
</paragraph></subsection><subsection id="XXXXX1000061"><enum>(c)</enum><header>Definitions</header><text>For the
purposes of this section:</text>
<paragraph id="XXXXX1000062"><enum>(1)</enum><text>The term
<quote>regulatory</quote> means agency actions to implement, interpret or
enforce authorities provided in law.</text>
</paragraph><paragraph id="XXXXX1000063"><enum>(2)</enum><text>The term
<quote>supervisory</quote> 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.</text>
</paragraph></subsection></section><section id="XXXXX1000064"><enum>727.</enum><subsection commented="no" display-inline="yes-display-inline" id="XXXXX1000065"><enum>(a)</enum><text display-inline="yes-display-inline">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.</text>
</subsection><subsection id="XXXXX1000066"><enum>(b)</enum><text display-inline="yes-display-inline">Nothing in this section shall apply to a
contract with—</text>
<paragraph id="XXXXX1000067"><enum>(1)</enum><text>any of the following
religious plans:</text>
<subparagraph id="XXXXX1000068"><enum>(A)</enum><text>Personal Care's
HMO; and</text>
</subparagraph><subparagraph id="XXXXX1000069"><enum>(B)</enum><text>OSF HealthPlans,
Inc.; and</text>
</subparagraph></paragraph><paragraph id="XXXXX1000070"><enum>(2)</enum><text>any existing or future
plan, if the carrier for the plan objects to such coverage on the basis of
religious beliefs.</text>
</paragraph></subsection><subsection id="XXXXX1000071"><enum>(c)</enum><text>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.</text>
</subsection><subsection id="XXXXX1000072"><enum>(d)</enum><text>Nothing in this
section shall be construed to require coverage of abortion or abortion-related
services.</text>
</subsection></section><section id="XXXXX1000073"><enum>728.</enum><text display-inline="yes-display-inline">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.</text>
</section><section id="XXXXX1000074"><enum>729.</enum><text display-inline="yes-display-inline">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.</text>
</section><section id="XXXXX1000075"><enum>730.</enum><text display-inline="yes-display-inline">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).</text>
</section><section id="XXXXX1000076"><enum>731.</enum><text display-inline="yes-display-inline">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.</text>
</section><section id="HEE4AF68C3FAC4BF8A837BE5AAC5D16D3"><enum>732.</enum><subsection commented="no" display-inline="yes-display-inline" id="HA1F0D8098CF8478EB81B7521D58FC9ED"><enum>(a)</enum><text display-inline="yes-display-inline">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.</text>
</subsection><subsection id="HFD94537469C045B3B79E0EC21D4A36F3"><enum>(b)</enum><text display-inline="yes-display-inline">The report in subsection (a) and other
required justification materials shall include at a minimum—</text>
<paragraph id="H8153A5F5A281451FBFF4DD7EE812A840"><enum>(1)</enum><text display-inline="yes-display-inline">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;</text>
</paragraph><paragraph id="H520600D7C97E4C28BAF9761F798724D9"><enum>(2)</enum><text display-inline="yes-display-inline">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</text>
</paragraph><paragraph id="HF77BF500CDB244A0B386AA03C6F6867E"><enum>(3)</enum><text display-inline="yes-display-inline">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.</text>
</paragraph></subsection><subsection id="H0190DF5C0A2749AAAFC11819AD1631F4"><enum>(c)</enum><text display-inline="yes-display-inline">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.</text>
</subsection></section><section commented="no" id="XXXXX1000077"><enum>733.</enum><text display-inline="yes-display-inline">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.</text>
</section><section id="XXXXX1000078"><enum>734.</enum><text display-inline="yes-display-inline">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.</text>
</section><section id="H2B8AD4C3334C433D893C7C73A086A803"><enum>735.</enum><text display-inline="yes-display-inline">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.</text>
</section><section id="XXXXX1000079"><enum>736.</enum><text display-inline="yes-display-inline">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):
<proviso><italic>Provided</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, 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.</text>
</section><section commented="no" display-inline="no-display-inline" id="HC290806FB77847359960DB9628BAE143" section-type="subsequent-section"><enum>737.</enum><subsection commented="no" display-inline="yes-display-inline" id="H581A8FD2B38946D083063A4BD8C37B61"><enum>(a)</enum><header display-inline="yes-display-inline">Definitions</header><text display-inline="yes-display-inline">For purposes of this section the following
definitions apply:</text>
<paragraph commented="no" display-inline="no-display-inline" id="HC9038A3228F54364A6916F83FEE19B25"><enum>(1)</enum><header display-inline="yes-display-inline">Great lakes</header><text display-inline="yes-display-inline">The terms <quote>Great Lakes</quote> and
<quote>Great Lakes State</quote> 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).</text>
</paragraph><paragraph commented="no" display-inline="no-display-inline" id="H5BFB451030A945BB828B872D419051D0"><enum>(2)</enum><header display-inline="yes-display-inline">Great lakes restoration
activities</header><text display-inline="yes-display-inline">The term
<quote>Great Lakes restoration activities</quote> 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.</text>
</paragraph></subsection><subsection commented="no" display-inline="no-display-inline" id="HCBFD3D4A971A4497B23DC399A8596668"><enum>(b)</enum><header display-inline="yes-display-inline">Report</header><text display-inline="yes-display-inline">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—</text>
<paragraph commented="no" display-inline="no-display-inline" id="H73F538811E9D46F7B93BC90567A43E5C"><enum>(1)</enum><text display-inline="yes-display-inline">an interagency budget crosscut report
that—</text>
<subparagraph commented="no" display-inline="no-display-inline" id="H08BDF18E491B46928ECF2B48D9CE1748"><enum>(A)</enum><text display-inline="yes-display-inline">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</text>
</subparagraph><subparagraph commented="no" display-inline="no-display-inline" id="H39B3F6C9AE684026946503B7AC1D1DF8"><enum>(B)</enum><text display-inline="yes-display-inline">identifies all expenditures since fiscal
year 2004 by the Federal Government and State governments for Great Lakes
restoration activities;</text>
</subparagraph></paragraph><paragraph commented="no" display-inline="no-display-inline" id="H6D173569DF72415DB8AC792EF9F86539"><enum>(2)</enum><text display-inline="yes-display-inline">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;</text>
</paragraph><paragraph commented="no" display-inline="no-display-inline" id="H00031A795976440981596685403A7FAD"><enum>(3)</enum><text display-inline="yes-display-inline">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</text>
</paragraph><paragraph commented="no" display-inline="no-display-inline" id="H800B387BBC4F48F593C0D454A6161AFC"><enum>(4)</enum><text display-inline="yes-display-inline">a listing of all projects to be undertaken
in the upcoming fiscal year with the Federal portion of funds for
activities.</text>
</paragraph></subsection></section><section id="XXXXX1000080"><enum>738.</enum><subsection commented="no" display-inline="yes-display-inline" id="XXXXX1000081"><enum>(a)</enum><header>In General</header><text>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.</text>
</subsection><subsection id="XXXXX1000082"><enum>(b)</enum><header>Waivers</header>
<paragraph id="XXXXX1000083"><enum>(1)</enum><header>In
General</header><text display-inline="yes-display-inline">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.</text>
</paragraph><paragraph id="XXXXX1000084"><enum>(2)</enum><header>Report to
Congress</header><text>Any Secretary issuing a waiver under paragraph (1) shall
report such issuance to Congress.</text>
</paragraph></subsection><subsection id="XXXXX1000085"><enum>(c)</enum><header>Exception</header><text>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.</text>
</subsection></section><section commented="no" display-inline="no-display-inline" id="HD2F58CA0FE3F466B91C9F49EE3252869" section-type="subsequent-section"><enum>739.</enum><text display-inline="yes-display-inline">None of the funds made available by this or
any other Act may be used to implement, administer, enforce, or apply the rule
entitled <quote>Competitive Area</quote> published by the Office of Personnel
Management in the Federal Register on April 15, 2008 (73 Fed. Reg. 20180 et
seq.).</text>
</section><section commented="no" display-inline="no-display-inline" id="H31237767C25C4C3FB1D077D719D79C41" section-type="subsequent-section"><enum>740.</enum><text display-inline="yes-display-inline">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 <quote>exercise of an option</quote> the
following: <quote>, and task orders issued under any such
contract,</quote>.</text>
</section><section commented="no" display-inline="no-display-inline" id="id878B86BD35A648319E15473DE3C1CE7C" section-type="subsequent-section"><enum>741.</enum><text display-inline="yes-display-inline">During fiscal year 2012, for each employee
who—</text>
<paragraph commented="no" display-inline="no-display-inline" id="id00F977FFF4764E23893A9CD9B1C5363A"><enum>(1)</enum><text display-inline="yes-display-inline">retires under section 8336(d)(2) or
8414(b)(1)(B) of title 5, United States Code, or</text>
</paragraph><paragraph commented="no" display-inline="no-display-inline" id="id8AB7D3C6CF974884A9CF8EF7645B3AE1"><enum>(2)</enum><text display-inline="yes-display-inline">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.</text>
</paragraph></section><section id="H09E2599633FA42098D48D51AFD16467E"><enum>742.</enum><text display-inline="yes-display-inline">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.</text>
</section><section commented="no" display-inline="no-display-inline" id="H9E7F3F52850E497D9F205B6418589196" section-type="subsequent-section"><enum>743.</enum><subsection commented="no" display-inline="yes-display-inline" id="H2B5062EDD3CA406A870792FED644C904"><enum>(a)</enum><text display-inline="yes-display-inline">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:</text>
<paragraph commented="no" display-inline="no-display-inline" id="idA9C5605EBA3F4102BBBD81CB186769B2"><enum>(1)</enum><text display-inline="yes-display-inline">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.</text>
</paragraph><paragraph commented="no" display-inline="no-display-inline" id="id9B0B50614F6C4928A6F16250822E1817"><enum>(2)</enum><text display-inline="yes-display-inline">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).</text>
</paragraph></subsection><subsection commented="no" display-inline="no-display-inline" id="idB5DC2C75D39B45DD8C0673BB0D874AFF"><enum>(b)</enum><text display-inline="yes-display-inline">In this section, each of the terms
<quote>contribution</quote>, <quote>expenditure</quote>, <quote>independent
expenditure</quote>, <quote>electioneering communication</quote>,
<quote>candidate</quote>, <quote>election</quote>, and <quote>Federal
office</quote> has the meaning given such term in the Federal Election Campaign
Act of 1971 (2 U.S.C. 431 et seq.).</text><pagebreak></pagebreak>
</subsection></section><enum>VIII</enum><header display-inline="no-display-inline">General provisions—District of
Columbia</header>
<appropriations-small commented="no" id="H5DA488DCA0014BCEA66C16C69CA3C314"><header display-inline="yes-display-inline">(including transfer of
funds)</header>
</appropriations-small><section id="H03E8B1E28E2F443CBDF5A48A67BE375E"><enum>801.</enum><text display-inline="yes-display-inline">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.</text>
</section><section commented="no" display-inline="no-display-inline" id="HC34D56CF9B704606B18D9E52C07ADB07" section-type="subsequent-section"><enum>802.</enum><text display-inline="yes-display-inline">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.</text>
</section><section commented="no" display-inline="no-display-inline" id="H921E50D2D3F143868FAEC3A0164A1B77" section-type="subsequent-section"><enum>803.</enum><subsection commented="no" display-inline="yes-display-inline" id="H8EC0EADF801E47C0819F3700A2ED802E"><enum>(a)</enum><text display-inline="yes-display-inline">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—</text>
<paragraph commented="no" display-inline="no-display-inline" id="H78904C2E0AF047EEA9D627419B14C521"><enum>(1)</enum><text display-inline="yes-display-inline">creates new programs;</text>
</paragraph><paragraph commented="no" display-inline="no-display-inline" id="H44FB025B995344BDB2FC3FC89B03A7F7"><enum>(2)</enum><text display-inline="yes-display-inline">eliminates a program, project, or
responsibility center;</text>
</paragraph><paragraph commented="no" display-inline="no-display-inline" id="H8449756F79EC450A931C27F2BF65075C"><enum>(3)</enum><text display-inline="yes-display-inline">establishes or changes allocations
specifically denied, limited or increased under this Act;</text>
</paragraph><paragraph commented="no" display-inline="no-display-inline" id="H7936E6AB566B401A9F16C63C33EB2CA3"><enum>(4)</enum><text display-inline="yes-display-inline">increases funds or personnel by any means
for any program, project, or responsibility center for which funds have been
denied or restricted;</text>
</paragraph><paragraph commented="no" display-inline="no-display-inline" id="H8405A83AF3D54C01B6E543BD0C3C613A"><enum>(5)</enum><text display-inline="yes-display-inline">re-establishes any program or project
previously deferred through reprogramming;</text>
</paragraph><paragraph commented="no" display-inline="no-display-inline" id="H03562A78BDE147A9B63A2D5F47C014E0"><enum>(6)</enum><text display-inline="yes-display-inline">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</text>
</paragraph><paragraph commented="no" display-inline="no-display-inline" id="HF52E3392D7A9409785266A8D5823C682"><enum>(7)</enum><text display-inline="yes-display-inline">increases by 20 percent or more personnel
assigned to a specific program, project or responsibility center,</text>
</paragraph><continuation-text commented="no" continuation-text-level="subsection">unless the Committees on
Appropriations of the House of Representatives and the Senate are notified in
writing 15 days in advance of the reprogramming.</continuation-text></subsection><subsection commented="no" display-inline="no-display-inline" id="H70CE59D1E3D64076A5E00C039ECC3733"><enum>(b)</enum><text display-inline="yes-display-inline">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.</text>
</subsection></section><section id="H2D76A7F8F0CE47ABA5B36B31618C2364"><enum>804.</enum><text display-inline="yes-display-inline">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).</text>
</section><section id="H2396FDEBBDD94E518B2A670BDA8F14F8"><enum>805.</enum><text display-inline="yes-display-inline">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 <quote>official duties</quote> does not include travel
between the officer's or employee's residence and workplace, except in the case
of—</text>
<paragraph id="H471B9CE60EEE40CE9B9ADA349566EE2D"><enum>(1)</enum><text>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;</text>
</paragraph><paragraph id="HD6D4BF7E49DF4789A0127E221F9B7A2C"><enum>(2)</enum><text>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;</text>
</paragraph><paragraph id="H68CAF68D85D34B8B94B86096EF36BB36"><enum>(3)</enum><text>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;</text>
</paragraph><paragraph id="HB8C5782889A74E03B06C77D187B8338D"><enum>(4)</enum><text>the Mayor of the
District of Columbia; and</text>
</paragraph><paragraph id="HFF9A479D31264F7CB48DDDD6E8EE4AC7"><enum>(5)</enum><text>the Chairman of
the Council of the District of Columbia.</text>
</paragraph></section><section id="H19FB9B70B17C400E892FE478E72661EF"><enum>806.</enum><subsection commented="no" display-inline="yes-display-inline" id="H6FAAB4116A694481B50EFC983BF320EB"><enum>(a)</enum><text display-inline="yes-display-inline">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.</text>
</subsection><subsection id="HE0E7C1F6C0BB4F35B194EA31ABFA45EC"><enum>(b)</enum><text display-inline="yes-display-inline">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.</text>
</subsection></section><section commented="no" display-inline="no-display-inline" id="H9B4986A4CC3B42CF911B1D5579B09D39" section-type="subsequent-section"><enum>807.</enum><text display-inline="yes-display-inline">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.</text>
</section><section id="H0E66BB9442FB4E1FA50E08F2C52003F9"><enum>808.</enum><text display-inline="yes-display-inline">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 <quote>conscience clause</quote> which provides exceptions for
religious beliefs and moral convictions.</text>
</section><section commented="no" display-inline="no-display-inline" id="HE4DE2D15AEDB4A0EA0275B46E17986D3" section-type="subsequent-section"><enum>809.</enum><text display-inline="yes-display-inline">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—</text>
<paragraph commented="no" display-inline="no-display-inline" id="H477C6DFD1CA5492AB0690AD0A80A8938"><enum>(1)</enum><text display-inline="yes-display-inline">crime, including the homicide rate,
implementation of community policing, and the number of police officers on
local beats;</text>
</paragraph><paragraph commented="no" display-inline="no-display-inline" id="H22427C1A229E49D980F8050B59E8738E"><enum>(2)</enum><text display-inline="yes-display-inline">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;</text>
</paragraph><paragraph commented="no" display-inline="no-display-inline" id="H148B8055D1854334845F3E47E31F143E"><enum>(3)</enum><text display-inline="yes-display-inline">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;</text>
</paragraph><paragraph commented="no" display-inline="no-display-inline" id="HDBA8BFCDD1D2474E9B4207DD1E0817B8"><enum>(4)</enum><text display-inline="yes-display-inline">improvement in basic District services,
including rat control and abatement; and</text>
</paragraph><paragraph commented="no" display-inline="no-display-inline" id="H0C0E923F611D49078801CE5009658C38"><enum>(5)</enum><text display-inline="yes-display-inline">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.</text>
</paragraph></section><section id="HE5A5D9FA355A4D1B88303ED2058679EB"><enum>810.</enum><text display-inline="yes-display-inline">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.</text>
</section><section commented="no" id="HB235DDA478D24C7884B56C6EDF82F606"><enum>811.</enum><text display-inline="yes-display-inline">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.</text>
</section><section id="HA2DF50E809CB4AC384E74FF4037F148A"><enum>812.</enum><subsection commented="no" display-inline="yes-display-inline" id="H043866DCA3E844F68B396D30589937B3"><enum>(a)</enum><text display-inline="yes-display-inline">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.</text>
</subsection><subsection id="H5E7E09D1BB10464F9CF27F99F257F529"><enum>(b)</enum><text display-inline="yes-display-inline">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.</text>
</subsection></section><section id="H8F8B521207FC404E8D6C971F8C710A66"><enum>813.</enum><text display-inline="yes-display-inline">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).</text>
</section><section id="HBB9F144F52194F0B907623663E0DB3D5"><enum>814.</enum><text display-inline="yes-display-inline">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.</text>
</section><section commented="no" display-inline="no-display-inline" id="ID99ec3db39e90472fad2bf3d6cb66011a" section-type="subsequent-section"><enum>815.</enum><text display-inline="yes-display-inline">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.</text>
</section><section commented="no" display-inline="no-display-inline" id="idE29DFDFEA08B406385FDEBDBF9FD3174" section-type="subsequent-section"><enum>816.</enum><text display-inline="yes-display-inline">Section 346 of the District of Columbia
Appropriations Act, 2005 (Public Law 108–335) is amended—</text>
<paragraph commented="no" display-inline="no-display-inline" id="idB62D36377FC04119A25A98EAB74EEEAA"><enum>(1)</enum><text display-inline="yes-display-inline">in the title, by striking “<header-in-text level="subsection" style="OLC">Biennial</header-in-text>”;</text>
</paragraph><paragraph commented="no" display-inline="no-display-inline" id="id56B949F5FCD041E9A3A4C3520EDDB720"><enum>(2)</enum><text display-inline="yes-display-inline">in subsection (a), by striking
<quote>Biennial management</quote> and inserting
<quote>Management</quote>;</text>
</paragraph><paragraph commented="no" display-inline="no-display-inline" id="id82695FF50C704D7EABF9DE50F8A13608"><enum>(3)</enum><text display-inline="yes-display-inline">in subsection (a), by striking
<quote>States.</quote> and inserting <quote>States every five years.</quote>;
and</text>
</paragraph><paragraph commented="no" display-inline="no-display-inline" id="id7CC0FE9A0DD64DB99EE899403DC2A152"><enum>(4)</enum><text display-inline="yes-display-inline">in subsection (b)(6), by striking
<quote>2</quote> and inserting <quote>5</quote>.</text>
</paragraph></section><section commented="no" display-inline="no-display-inline" id="H8EF317D787F54582AFDFEF80E817D078" section-type="subsequent-section"><enum>817.</enum><text display-inline="yes-display-inline">Except as expressly provided otherwise, any
reference to <quote>this Act</quote> contained in this title or in title IV
shall be treated as referring only to the provisions of this title or of title
IV.</text>
<appropriations-small commented="no" id="H425D2B6566F544EB8F638801D570B187"><text display-inline="no-display-inline">This division may be cited as the
<quote><short-title>Financial Services and General
Government Appropriations Act, 2012</short-title></quote>.
<pagebreak></pagebreak></text>
</appropriations-small></section>DDEPARTMENT OF
HOMELAND SECURITY APPROPRIATIONS ACT, 2012
<enum>I</enum><header>Departmental
management and operations</header>
<appropriations-major id="H5028B7E5AB994149966B86B4DBD6C651">
</appropriations-major><appropriations-intermediate id="H302FCEFA63EE4609A3FF01679E5B0F5A"><header>Office of the Secretary and
Executive Management</header>
</appropriations-intermediate><appropriations-small id="H393C9D7446DA44E2B0A1E96E5D055893"><text display-inline="no-display-inline">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:
<proviso><italic>Provided</italic></proviso>, 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:
<proviso><italic>Provided further</italic>,</proviso> 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:
<proviso><italic>Provided further</italic>,</proviso> 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:
<proviso><italic>Provided further</italic>,</proviso> That amounts
transferred pursuant to the preceding proviso shall remain available until
September 30, 2012:
<proviso><italic>Provided further</italic>,</proviso> 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:
<proviso><italic>Provided further</italic>,</proviso> 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.</text>
</appropriations-small><appropriations-intermediate commented="no" id="H2B3979B36FE84ECE8807871CC497BA87"><header>Office of the Under Secretary
for Management</header><text display-inline="no-display-inline">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:
<proviso><italic>Provided</italic></proviso>, 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:
<proviso><italic>Provided further</italic>,</proviso> That the Under
Secretary for Management shall, pursuant to the requirements contained in the
explanatory statement described in section 4 (in the matter preceding division
A of this consolidated Act), provide to the Committees on Appropriations of the
Senate and the House of Representatives a Comprehensive Acquisition Status
Report with the President’s budget for fiscal year 2013 as submitted under
section 1105(a) of title 31, United States Code, and quarterly updates to such
report not later than 30 days after the completion of each
quarter.</text>
</appropriations-intermediate><appropriations-intermediate id="H8445E03AAAE542A1B010F594A9982CB7"><header>Office of the Chief Financial
Officer</header><text display-inline="no-display-inline">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.</text>
</appropriations-intermediate><appropriations-intermediate id="idD704FFFC59C14E86B7B2BE0DC5175502"><header>Office of the Chief Information
Officer</header>
</appropriations-intermediate><appropriations-intermediate id="id25091714E91245EF98EF25F21DAE9C18"><text display-inline="no-display-inline">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:
<proviso><italic>Provided</italic></proviso>, 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—</text>
<paragraph id="IDbbd5309286a24056ac56fc5ef51a4522"><enum>(1)</enum><text>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;</text>
</paragraph><paragraph id="ID3eb216e6aaef4ec18ff59bf40e62fcdc"><enum>(2)</enum><text>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;</text>
</paragraph><paragraph id="IDdffda1972e6e43b1bdbb58b92506f4cf"><enum>(3)</enum><text>a detailed
accounting of operations and maintenance and contractor services costs;
and</text>
</paragraph><paragraph id="ID4341d4c4c5e94d69bd986d15366af72a"><enum>(4)</enum><text>a current
acquisition program baseline for each project, that—</text>
<subparagraph id="ID38f13f1e5c9a4b308da8932402546e33"><enum>(A)</enum><text>notes and
explains any deviations in cost, performance parameters, schedule, or estimated
date of completion from the original acquisition program baseline;</text>
</subparagraph><subparagraph id="ID00efb3dbe1f34678b1383d027872b079"><enum>(B)</enum><text>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</text>
</subparagraph><subparagraph id="ID96a8ecf4af974c548f3f5143c65ef359"><enum>(C)</enum><text>defines
life-cycle costs for such programs.</text>
</subparagraph></paragraph></appropriations-intermediate><appropriations-intermediate id="idB46384802F4B48FDAEEB8AB82E327137"><header>Analysis and
operations</header><text display-inline="no-display-inline">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.</text>
</appropriations-intermediate><appropriations-intermediate commented="no" id="idEB107A0862334B99876B2843D51E5D3B"><header>Office of inspector
general</header><text display-inline="no-display-inline">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.<pagebreak></pagebreak></text>
</appropriations-intermediate><enum>II</enum><header display-inline="no-display-inline">Security, enforcement, and
investigations</header>
<appropriations-intermediate id="id5876BA07EC6145D58A599E94153CE043"><header>U.S. Customs and Border
Protection</header>
</appropriations-intermediate><appropriations-small id="id7B77704E45F44B4F8ABD6AAF9E1E6C58"><header>Salaries
and Expenses</header><text display-inline="no-display-inline">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:
<proviso><italic>Provided</italic>,</proviso> 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:
<proviso><italic> Provided further,</italic></proviso> 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:
<proviso><italic>Provided further</italic>,</proviso> 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—</text>
<paragraph id="id82125973B5664AAC9246EBD51978E539"><enum>(1)</enum><text display-inline="yes-display-inline">the funding level for all inspection and
detection technology equipment by source;</text>
</paragraph><paragraph id="id1ED6D89DDE52418F804DE4468D27BB8F"><enum>(2)</enum><text display-inline="yes-display-inline">the inventory of inspection and detection
technology equipment by type and age;</text>
</paragraph><paragraph id="idD32252A6DA3F452398B392D95F214E0E"><enum>(3)</enum><text display-inline="yes-display-inline">the proposed appropriations for procurement
of inspection and detection technology equipment by type, including quantity,
for deployment, and for operations and maintenance;</text>
</paragraph><paragraph id="id6071149864A54B7A86F09A98379E5F77"><enum>(4)</enum><text display-inline="yes-display-inline">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</text>
</paragraph><paragraph id="id4B40AD3034CC4F32A19768C131780E2A"><enum>(5)</enum><text display-inline="yes-display-inline">a current acquisition program baseline
that—</text>
<subparagraph id="id88261929009840FFB9274E7F8B2DB48C"><enum>(A)</enum><text display-inline="yes-display-inline">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;</text>
</subparagraph><subparagraph id="id126E8F63B4934FA7A48C996C6CD99926"><enum>(B)</enum><text display-inline="yes-display-inline">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</text>
</subparagraph><subparagraph id="id3DD522C7989A4F65BCAE055C4630BA9A"><enum>(C)</enum><text display-inline="yes-display-inline">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.</text>
</subparagraph></paragraph></appropriations-small><appropriations-small id="idA8159F42C6A54F5D80312A41ADA505E8"><header>Automation
modernization</header><text display-inline="no-display-inline">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:
<proviso><italic>Provided</italic></proviso>, 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.</text>
</appropriations-small><appropriations-small commented="no" id="id76A90CC0987A4ECB8D22C69C60CF22D1"><header>Border security fencing,
infrastructure, and technology</header><text display-inline="no-display-inline">For expenses for border security fencing,
infrastructure, and technology, $400,000,000, to remain available until
September 30, 2014:
<proviso><italic>Provided</italic>,</proviso> 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:
<proviso><italic>Provided further</italic></proviso>, 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—</text>
<paragraph id="H115A18D2892E4D8B91829FE787F2DA8A"><enum>(1)</enum><text>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;</text>
</paragraph><paragraph id="HF0C7E56074594C13BF1349205B2AD858"><enum>(2)</enum><text>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</text>
</paragraph><paragraph id="H95F8E43FA87B4BE5B2AE94E070EEC703"><enum>(3)</enum><text>a
current acquisition program baseline that—</text>
<subparagraph id="H7FCA827EE16B4A0BB574951F3B84551C"><enum>(A)</enum><text>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;</text>
</subparagraph><subparagraph id="H466EEA6ABCC34C11B16C7D584597AB3D"><enum>(B)</enum><text>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</text>
</subparagraph><subparagraph id="HF10266124A18498592AF47CF287B98D0"><enum>(C)</enum><text>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.</text>
</subparagraph></paragraph></appropriations-small><appropriations-small id="HDB9CE0E4DA824BA48BEF55713E47AD6B"><header>Air and
marine interdiction, operations, maintenance, and procurement</header><text display-inline="no-display-inline">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:
<proviso><italic>Provided</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, 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.</text>
</appropriations-small><appropriations-small id="id48B8B5F5E2FB4220AA474C6F1CD6E44A"><header>Construction and facilities
management</header><text display-inline="no-display-inline">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:
<proviso><italic>Provided</italic>,</proviso> That for fiscal year 2012
and thereafter, the annual budget submission of U.S. Customs and Border
Protection for <quote>Construction and Facilities Management</quote> 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:
<proviso><italic>Provided further</italic></proviso>, 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.</text>
</appropriations-small><appropriations-intermediate id="idCAE14B82C06144C8AC5B0FB5AF24109F"><header>U.S. immigration and customs
enforcement</header>
</appropriations-intermediate><appropriations-small commented="no" id="id9FFF1C315D0740CEB34E1B3D04980B44"><header>Salaries and
expenses</header>
</appropriations-small><appropriations-small commented="no" id="idB28C8270AAC84CC09753F18B3850A0E2"><text display-inline="no-display-inline">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:
<proviso><italic>Provided</italic>,</proviso> 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:
<proviso><italic>Provided further</italic>,</proviso> 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:
<proviso><italic>Provided further</italic>,</proviso> 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:
<proviso><italic>Provided further</italic>,</proviso> 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:
<proviso><italic>Provided further</italic>,</proviso> That the
Secretary of Homeland Security shall prioritize the identification and removal
of aliens convicted of a crime by the severity of that crime:
<proviso><italic>Provided further</italic>,</proviso> That funding made
available under this heading shall maintain a level of not less than
<added-phrase reported-display-style="italic"></added-phrase>34,000<added-phrase reported-display-style="italic"></added-phrase> detention beds through
September 30, 2012:
<proviso><italic>Provided further</italic>,</proviso> 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:
<proviso><italic>Provided further</italic>,</proviso> That of the total
amount provided, $10,300,000 shall remain available until September 30, 2013,
for the Visa Security Program:
<proviso><italic>Provided further</italic>,</proviso> 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:
<proviso><italic>Provided further</italic>,</proviso> 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
<quote>adequate</quote> or the equivalent median score in any subsequent
performance evaluation system:
<proviso><italic>Provided further</italic>,</proviso> 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.</text>
</appropriations-small><appropriations-small id="idD58CE8B7DE5C4800AFDB8AC8F05C2345"><header>Automation
modernization</header>
</appropriations-small><appropriations-small id="id0A0E9E814B834B99A5E0823B9E1BD5E6"><text display-inline="no-display-inline">For expenses of immigration and customs
enforcement automated systems, $21,710,000, to remain available until September
30, 2016.</text>
</appropriations-small><appropriations-intermediate id="id1742474120E548BB954F6C403128DBFB"><header>Transportation security
administration</header>
</appropriations-intermediate><appropriations-small id="id009F68DE2E41490FB5F1A6DB263EB6B8"><header>AVIATION
SECURITY</header><text display-inline="no-display-inline">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:
<proviso><italic>Provided</italic>,</proviso> 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:
<proviso><italic>Provided further</italic>,</proviso> 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:
<proviso><italic>Provided further</italic>,</proviso> 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:
<proviso><italic>Provided further</italic>,</proviso> 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:
<proviso><italic>Provided further</italic>,</proviso> 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:
<proviso><italic>Provided further</italic>,</proviso> That any security
service fees collected in excess of the amount made available under this
heading shall become available during fiscal year 2013:
<proviso><italic> Provided further,</italic></proviso> 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):
<proviso><italic>Provided further</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, That the
preceding proviso shall not apply to personnel hired as part-time employees:
<proviso><italic>Provided further</italic></proviso>, 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—</text>
<paragraph id="H4ECB0A9C89F140839D03E180DE45D73C"><enum>(1)</enum><text>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;</text>
</paragraph><paragraph id="HC23F47B4DBD84400A900FF572E9EE3B0"><enum>(2)</enum><text>how the
Transportation Security Administration is deploying its existing passenger and
baggage screener workforce in the most cost effective manner; and</text>
</paragraph><paragraph commented="no" display-inline="no-display-inline" id="HAB3EBA76141A4955A001B9FF3F9A7E05"><enum>(3)</enum><text>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:</text>
</paragraph><continuation-text continuation-text-level="appropriations-small"><proviso><italic> Provided
further,</italic></proviso> 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.</continuation-text></appropriations-small><appropriations-small id="idBF199595E60E4772BDDE3330D017C05D"><header>Surface
transportation security</header><text display-inline="no-display-inline">For
necessary expenses of the Transportation Security Administration related to
surface transportation security activities, $134,748,000, to remain available
until September 30, 2013.</text>
</appropriations-small><appropriations-small id="id7DD71CE7F422481BAC0EAFF4139811CE"><header>Transportation threat
assessment and credentialing</header><text display-inline="no-display-inline">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.</text>
</appropriations-small><appropriations-small id="id850F05194D2B43008E141B3DEAC15B45"><header>Transportation security
support</header><text display-inline="no-display-inline">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:
<proviso><italic>Provided</italic>,</proviso> 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:
<proviso><italic>Provided further</italic>,</proviso> That these plans
shall be submitted not later than 60 days after the date of enactment of this
Act.</text>
</appropriations-small><appropriations-small commented="no" id="idB58B564557674DA18F71F6C93ADB45EB"><header>Federal air
marshals</header><text display-inline="no-display-inline">For necessary
expenses of the Federal Air Marshals,
$966,115,000.</text>
</appropriations-small><appropriations-intermediate id="HE387734AE81847F89A43C2E464E0E653"><header>Coast
Guard</header>
</appropriations-intermediate><appropriations-small id="H14109EF63B3C467B9F9E7C40279CDA1F"><header>Operating
expenses</header><text display-inline="no-display-inline">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,
<added-phrase reported-display-style="italic"></added-phrase>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:
<proviso><italic>Provided</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, 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 <quote>Acquisition, Construction, and Improvements</quote>
of this Act is submitted to the Committees on Appropriations of the Senate and
the House of Representatives<added-phrase reported-display-style="italic">:
<proviso><italic>Provided further</italic>,</proviso></added-phrase>
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.<added-phrase reported-display-style="italic"></added-phrase></text>
</appropriations-small><appropriations-small commented="no" id="H2648AB8CF4094144913967233145A832"><header>Environmental compliance and
restoration</header><text display-inline="no-display-inline">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.</text>
</appropriations-small><appropriations-small id="id565191C4001E4A7FAA561EBA6D9C8EC5"><header>Reserve
training</header><text display-inline="no-display-inline">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.</text>
</appropriations-small><appropriations-small id="id2AE3E8B09DDC429FB4EF1E6E0E74AB3A"><header>Acquisition, construction, and
improvements</header><text display-inline="no-display-inline">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:
<proviso><italic>Provided</italic>,</proviso> 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:
<proviso><italic>Provided further</italic>,</proviso> 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—</text>
<paragraph id="idFAFD98570F2346F1B796ECD6D5A31961"><enum>(1)</enum><text display-inline="yes-display-inline">the proposed appropriations included in
that budget;</text>
</paragraph><paragraph id="idB32E94EA9DD7423AA69A5CC825F06416"><enum>(2)</enum><text display-inline="yes-display-inline">the total estimated cost of completion,
including and clearly delineating the costs of associated major acquisition
systems infrastructure and transition to operations;</text>
</paragraph><paragraph id="id8AD137368D394A5EB086A20761B99A40"><enum>(3)</enum><text display-inline="yes-display-inline">projected funding levels for each fiscal
year for the next 5 fiscal years or until acquisition program baseline or
project completion, whichever is earlier;</text>
</paragraph><paragraph id="id8F17691FF6EA4EC09437E6A11F3A516B"><enum>(4)</enum><text display-inline="yes-display-inline">an estimated completion date at the
projected funding levels; and</text>
</paragraph><paragraph id="id079680A35E9944538FE72519E6320AFE"><enum>(5)</enum><text display-inline="yes-display-inline">a current acquisition program baseline for
each capital asset, as applicable, that—</text>
<subparagraph id="id164707BD227D4C66A422B86B9CBA3689"><enum>(A)</enum><text display-inline="yes-display-inline">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;</text>
</subparagraph><subparagraph id="idBD05AB57E14D40DDB3F119F858B73397"><enum>(B)</enum><text display-inline="yes-display-inline">includes a detailed project schedule
through completion, subdivided by fiscal year, that details—</text>
<clause id="id8D43DB3E539F42EEA93CAE0B9E4CD6D9"><enum>(i)</enum><text display-inline="yes-display-inline">quantities planned for each fiscal year;
and</text>
</clause><clause id="idD8FD059512064EBB8D2E3C1594118D57"><enum>(ii)</enum><text display-inline="yes-display-inline">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;</text>
</clause></subparagraph><subparagraph id="idFD6BD129E8F34F8BA2F4638CFB606792"><enum>(C)</enum><text display-inline="yes-display-inline">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;</text>
</subparagraph><subparagraph id="id30A4C2E6322D4FFB93775BF5882A0D58"><enum>(D)</enum><text display-inline="yes-display-inline">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;</text>
</subparagraph><subparagraph id="id71C06DD38C6945BEB6AE56F93C5B959F"><enum>(E)</enum><text display-inline="yes-display-inline">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;</text>
</subparagraph><subparagraph id="id6788AE9872EA4FBC80CA075B2ACECAF6"><enum>(F)</enum><text display-inline="yes-display-inline">includes the earned value management system
summary schedule performance index and cost performance index for each asset,
if applicable; and</text>
</subparagraph><subparagraph id="id046E841B6C384AAEA7F1FAC10E34517C"><enum>(G)</enum><text display-inline="yes-display-inline">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:</text>
</subparagraph></paragraph><continuation-text continuation-text-level="appropriations-small"><proviso><italic> Provided
further,</italic></proviso> 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:
<proviso><italic>Provided further</italic>,</proviso> That any
inconsistencies between the capital investment plan and proposed appropriations
shall be identified and justified:
<proviso><italic>Provided further</italic>,</proviso> 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.</continuation-text></appropriations-small><appropriations-small id="id0041741D88154E6ABE2088F48ECAFDB5"><header>Research,
development, test, and evaluation</header>
</appropriations-small><appropriations-small id="id8FD28ECCBFC54544B918DDAB1B7064EF"><text display-inline="no-display-inline">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)):
<proviso><italic>Provided</italic>,</proviso> 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.</text>
</appropriations-small><appropriations-small commented="no" id="idD71F0297A5EF41259732150F8CF523FA"><header>Retired pay</header><text display-inline="no-display-inline">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.</text>
</appropriations-small><appropriations-intermediate id="HB3F00285B9B441A48578AF13394D9F0B"><header>United States Secret
Service</header>
</appropriations-intermediate><appropriations-small commented="no" id="H22C41F2E1A91472E8A864FD4B5EC1DB2"><header>salaries and
expenses</header><text display-inline="no-display-inline">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:
<proviso><italic>Provided</italic></proviso>, That up to $18,000,000
for protective travel shall remain available until September 30, 2013:
<proviso><italic>Provided further</italic></proviso>, That up to
$19,307,000 for National Special Security Events shall remain available until
September 30, 2013:
<proviso><italic>Provided further</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, That the Director
of the United States Secret Service may enter into an agreement to provide such
protection on a fully reimbursable basis:
<proviso><italic>Provided further</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, 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.</text>
</appropriations-small><appropriations-small id="id8A525EEB8658401F9F93CA8315CA3FAC"><header>ACQUISITION, CONSTRUCTION,
IMPROVEMENTS, AND RELATED EXPENSES </header><text display-inline="no-display-inline">For necessary expenses for acquisition,
construction, repair, alteration, and improvement of facilities, $5,380,000, to
remain available until September 30, 2016.
<pagebreak></pagebreak></text>
</appropriations-small><enum>III</enum><header display-inline="no-display-inline">Protection, preparedness, response, and
recovery</header>
<appropriations-intermediate id="id21AE3BBE966848D68322F3A786936C57"><header>National protection and
programs directorate</header>
</appropriations-intermediate><appropriations-small id="id7575FC3343B54E36BE8156020CF888AA"><header>management and
administration</header><text display-inline="no-display-inline">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:
<proviso><italic>Provided</italic>,</proviso> That not to exceed $4,250
shall be for official reception and representation expenses:
<proviso><italic>Provided further</italic>,</proviso> 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 <quote>Office of the Secretary and Executive Management</quote>
for activities related to risk management and analysis:
<proviso><italic>Provided further</italic>,</proviso> That in the
preceding proviso notification shall take place not later than 90 days after
the date of enactment of this Act:
<proviso><italic>Provided further</italic>,</proviso> 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.</text>
</appropriations-small><appropriations-small id="id253C083D0DD34C6E9D330BE1161D3715"><header>Infrastructure protection and
information security</header><text display-inline="no-display-inline">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:
<proviso><italic>Provided</italic>,</proviso> 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.</text>
</appropriations-small><appropriations-small commented="no" id="id338506290E204C7A8232DC9093CC9152"><header>Federal protective
service</header><text display-inline="no-display-inline">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:
<proviso><italic>Provided</italic>,</proviso> 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 <quote>in-service field
staff</quote>):
<proviso><italic>Provided further</italic></proviso>, 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:
<proviso><italic> Provided further,</italic></proviso> 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.</text>
</appropriations-small><appropriations-small id="H442F0E15C53641EB8C608A0A0DAF04CB"><header>united
states visitor and immigrant status indicator technology</header><text display-inline="no-display-inline">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:
<proviso><italic>Provided</italic></proviso>, That of the total amount
made available under this heading, $194,295,000 is to remain available until
September 30, 2014:
<proviso><italic>Provided further</italic></proviso>, 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—</text>
<paragraph id="H68ECA6FEFC514724AB464BBB26C10D78"><enum>(1)</enum><text>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;</text>
</paragraph><paragraph id="HCBC9C938E1F54850BDA6440627E5E334"><enum>(2)</enum><text>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</text>
</paragraph><paragraph id="H8B8375D990C4438CB64BDFC9B622EAD3"><enum>(3)</enum><text>a
detailed accounting of operations and maintenance, contractor services, and
program costs associated with the management of identity services.</text>
</paragraph></appropriations-small><appropriations-intermediate commented="no" id="HD1F6C5C47AA946D4AC71F6916084CBED"><header>Office of Health
Affairs</header><text display-inline="no-display-inline">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:
<proviso><italic>Provided</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, That not to
exceed $2,500 shall be for official reception and representation expenses:
<proviso><italic>Provided further</italic></proviso>, 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.</text>
</appropriations-intermediate><appropriations-intermediate id="id902E4DE737704F16A3693524E8E6EA77"><header>Federal Emergency Management
Agency</header>
</appropriations-intermediate><appropriations-small id="id35A891FBC282489F9F2AD1981C0481C2"><header>salaries
and expenses</header><text display-inline="no-display-inline">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):
<proviso><italic>Provided</italic>,</proviso> That not to exceed $2,500
shall be for official reception and representation expenses:
<proviso><italic>Provided further</italic>,</proviso> 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:
<proviso><italic> Provided further,</italic></proviso> 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:
<proviso><italic>Provided further</italic>,</proviso> 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):
<proviso><italic>Provided further</italic>,</proviso> That of the total
amount made available under this heading,
<added-phrase reported-display-style="italic"></added-phrase>$41,250,000<added-phrase reported-display-style="italic"></added-phrase> 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:
<proviso><italic>Provided further</italic>,</proviso> 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—</text>
<paragraph id="id879BCE5147DE45718860A50634218820"><enum>(1)</enum><text display-inline="yes-display-inline">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;</text>
</paragraph><paragraph id="id92BDFDD30967412BA1EB323611A34F0F"><enum>(2)</enum><text display-inline="yes-display-inline">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;</text>
</paragraph><paragraph id="idB043DAD655874826A3608026CD8DA1FA"><enum>(3)</enum><text display-inline="yes-display-inline">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;</text>
</paragraph><paragraph id="id20A82FC850F246999C53C4680BA6504E"><enum>(4)</enum><text display-inline="yes-display-inline">a detailed accounting of operations and
maintenance and contractor services costs; and</text>
</paragraph><paragraph id="idDA23348BBAD444D88F6E02420E7D6342"><enum>(5)</enum><text display-inline="yes-display-inline">the current or planned acquisition programs
including—</text>
<subparagraph id="id98FA44CA19A942FFAC84628326EA3839"><enum>(A)</enum><text display-inline="yes-display-inline">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;</text>
</subparagraph><subparagraph id="id6BEEA626646848C9AECD214F51170BD5"><enum>(B)</enum><text display-inline="yes-display-inline">how programs provide quantifiable
information that aids in understanding national emergency management
capabilities;</text>
</subparagraph><subparagraph id="id1B25D1FC8E2E4879A47BAC92C975888F"><enum>(C)</enum><text display-inline="yes-display-inline">how programs ensure information sharing
among homeland security partners; and</text>
</subparagraph><subparagraph id="id0525E5247C7B4F7DB1BC3D510EF644DC"><enum>(D)</enum><text display-inline="yes-display-inline">life-cycle costs for all
acquisitions.</text>
</subparagraph></paragraph></appropriations-small><appropriations-small id="H9110DA4793B24912836193625FB8550C"><header>state and
local programs</header>
</appropriations-small><appropriations-small id="H24C5C842321C4F0F9AC90B0FCFC518D8"><header>(including
transfer of funds)</header><text display-inline="no-display-inline">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:</text>
<paragraph id="id641DD7267F9242C48720F22687596FC6"><enum>(1)</enum><text display-inline="yes-display-inline">The State Homeland Security Grant Program
under section 2004 of the Homeland Security Act of 2002 (6 U.S.C. 605):
<proviso><italic>Provided</italic>,</proviso> 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.</text>
</paragraph><paragraph id="idFC503D952F944A849AC84D8BB592C7B9"><enum>(2)</enum><text display-inline="yes-display-inline">The Urban Area Security Initiative under
section 2003 of the Homeland Security Act of 2002 (6 U.S.C. 604).</text>
</paragraph><paragraph id="idD9FBA82521C645068F760A977F8F5F5E"><enum>(3)</enum><text display-inline="yes-display-inline">The Metropolitan Medical Response System
under section 635 of the Post-Katrina Emergency Management Reform Act of 2006
(6 U.S.C. 723).</text>
</paragraph><paragraph id="id2608F3A118F6416CB370765D35C3DD49"><enum>(4)</enum><text display-inline="yes-display-inline">The Citizen Corps Program.</text>
</paragraph><paragraph id="id896AF1CF59284FB1A20EE90A05B4C214"><enum>(5)</enum><text display-inline="yes-display-inline">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:
<proviso><italic>Provided</italic>,</proviso> That such public
transportation security assistance shall be provided directly to public
transportation agencies.</text>
</paragraph><paragraph id="idB4035F8C15AA45739BB8AADE71AC671E"><enum>(6)</enum><text display-inline="yes-display-inline">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).</text>
</paragraph><paragraph id="id3E529D30C935416AAA1629406888B41C"><enum>(7)</enum><text display-inline="yes-display-inline">Port Security Grants in accordance with 46
U.S.C. 70107.</text>
</paragraph><paragraph id="id145B98D6BF6A4051BE33DEBD36CF0BF4"><enum>(8)</enum><text display-inline="yes-display-inline">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).</text>
</paragraph><paragraph id="id421C6EA079E748CAA6D6FD7B5871BA3D"><enum>(9)</enum><text display-inline="yes-display-inline">The Interoperable Emergency Communications
Grant Program under section 1809 of the Homeland Security Act of 2002 (6 U.S.C.
579).</text>
</paragraph><paragraph id="id7C326C1313D54C5BBEC90CC38A04C171"><enum>(10)</enum><text display-inline="yes-display-inline">Emergency Operations Centers under section
614 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5196c).</text>
</paragraph><paragraph id="idECF725C753B14694A77B5440518EAF84"><enum>(11)</enum><text display-inline="yes-display-inline">Buffer Zone Protection Program
Grants.</text>
</paragraph><paragraph id="idB90BFB8C0479474BA8AD3F857D850345"><enum>(12)</enum><text display-inline="yes-display-inline">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:</text>
</paragraph><continuation-text continuation-text-level="appropriations-small"><proviso><italic>Provided</italic>,</proviso>
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:
<proviso><italic>Provided further</italic>,</proviso> 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:
<proviso><italic>Provided further</italic>,</proviso> 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:
<proviso><italic>Provided further</italic>,</proviso> 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:
<proviso><italic>Provided further</italic>,</proviso> 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:
<proviso><italic>Provided further</italic>,</proviso> That for grants
under paragraphs (1) and (2), the installation of communication towers is not
considered construction of a building or other physical facility:
<proviso><italic>Provided further</italic>,</proviso> That grantees
shall provide reports on their use of funds, as determined necessary by the
Secretary of Homeland Security:
<proviso><italic>Provided further</italic>,</proviso> 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.</continuation-text></appropriations-small><appropriations-small commented="no" id="idCB46DD70CBAC4E0BAAD79D4E2196F7A7"><header>Firefighter assistance
grants</header><text display-inline="no-display-inline">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):
<proviso><italic>Provided</italic>,</proviso> That not to exceed 5
percent of the amount available under this heading shall be available for
program administration.</text>
</appropriations-small><appropriations-small commented="no" id="idEC182F75F3AF4CDE8D8E360275918D72"><header>Emergency management
performance grants</header><text display-inline="no-display-inline">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:
<proviso><italic>Provided</italic>,</proviso> That total administrative
costs shall not exceed 3 percent of the total amount appropriated under this
heading.</text>
</appropriations-small><appropriations-small id="H04D4F84E597346E3862EE081B32B5EBF"><header>radiological emergency
preparedness program</header><text display-inline="no-display-inline">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:
<proviso><italic>Provided</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, 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.</text>
</appropriations-small><appropriations-small id="id4A0076C085F742BFAAFA29F2531293EA"><header>UNITED
STATES FIRE ADMINISTRATION</header><text display-inline="no-display-inline">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.</text>
</appropriations-small><appropriations-small id="idB63DE989CEE64CD89DA881A61CE53310"><header>Disaster
relief fund</header>
</appropriations-small><appropriations-small id="id4671D22F3D0C4B81AB47272F3B329605"><header>(Including transfer of
funds)</header>
</appropriations-small><appropriations-small id="id88B27A0DF99F40AC8E9056627E2ACC79"><text display-inline="no-display-inline">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:
<proviso><italic>Provided</italic>,</proviso> 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:
<proviso><italic>Provided further</italic>,</proviso> 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:
<proviso><italic>Provided further</italic>,</proviso> That the matter
under this heading in title III of division E of Public Law 110–161 is amended
by striking the fourth proviso:
<proviso><italic>Provided further</italic>,</proviso> 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:</text>
<paragraph id="id5D27A85B79FC4F508BE13284E2492543"><enum>(1)</enum><text display-inline="yes-display-inline">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:</text>
<subparagraph id="id4807993A45A34F9C86027C22B908D839"><enum>(A)</enum><text display-inline="yes-display-inline">the unobligated balance of funds to be
carried over from the prior fiscal year to the budget year;</text>
</subparagraph><subparagraph id="id1897A2D847D949EAB5159E60045BA1A1"><enum>(B)</enum><text display-inline="yes-display-inline">the unobligated balance of funds to be
carried over from the budget year to the budget year plus 1;</text>
</subparagraph><subparagraph id="id7ADA2F1312594DA49A4321B221326EA3"><enum>(C)</enum><text display-inline="yes-display-inline">the amount of obligations for
non-catastrophic events for the budget year;</text>
</subparagraph><subparagraph id="idC3026F59F2154CB085CE1898040F3CF6"><enum>(D)</enum><text display-inline="yes-display-inline">the amount of obligations for the budget
year for catastrophic events delineated by event and by State;</text>
</subparagraph><subparagraph id="id6BEE82360E794669BA9FFC4FD580BC5C"><enum>(E)</enum><text display-inline="yes-display-inline">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;</text>
</subparagraph><subparagraph id="idD6C24AC29C7948509D6392C478CA3AB5"><enum>(F)</enum><text display-inline="yes-display-inline">the amount of previously obligated funds
that will be recovered for the budget year;</text>
</subparagraph><subparagraph id="id6DD272F532694164BE6C82FE72F86DDB"><enum>(G)</enum><text display-inline="yes-display-inline">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;</text>
</subparagraph><subparagraph id="id6267BCF572A740C290D6D76B716F959E"><enum>(H)</enum><text display-inline="yes-display-inline">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);</text>
</subparagraph></paragraph><paragraph id="id0C32E0EB77534CEF9E74824F36D74534"><enum>(2)</enum><text display-inline="yes-display-inline">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:</text>
<subparagraph id="id56B333662BB94DCD92462CAAD5325A3F"><enum>(A)</enum><text display-inline="yes-display-inline">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;</text>
</subparagraph><subparagraph id="id75CE6516A5C3476690F7BA81057005FC"><enum>(B)</enum><text display-inline="yes-display-inline">a table of disaster relief activity
delineated by month, including—</text>
<clause id="idB5E20242EFB14B15AFB4B8790D8A4F01"><enum>(i)</enum><text display-inline="yes-display-inline">the beginning and ending balances;</text>
</clause><clause id="idE254CA62F13A451D8849DE6A29459DD3"><enum>(ii)</enum><text display-inline="yes-display-inline">the total obligations to include amounts
obligated for fire assistance, emergencies, surge, and disaster support
activities;</text>
</clause><clause id="id8995A3BDEE134935B24318CE80B0AFC9"><enum>(iii)</enum><text display-inline="yes-display-inline">the obligations for catastrophic events
delineated by event and by State; and</text>
</clause><clause id="id81B46835B7AC4E5980A70E2C0BEDDEB0"><enum>(iv)</enum><text display-inline="yes-display-inline">the amount of previously obligated funds
that are recovered;</text>
</clause></subparagraph><subparagraph id="id57A51FF0AC854A389761E611886032DD"><enum>(C)</enum><text display-inline="yes-display-inline">a summary of allocations, obligations, and
expenditures for catastrophic events delineated by event; and</text>
</subparagraph><subparagraph id="id62864FD8686C40348D2481D803FE9C0D"><enum>(D)</enum><text display-inline="yes-display-inline">the date on which funds appropriated will
be exhausted.</text>
</subparagraph></paragraph></appropriations-small><appropriations-small id="idAE49A431F30443D2B9F9E10D216A00EF"><header>Disaster
assistance direct loan program account</header><text display-inline="no-display-inline">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:
<proviso><italic>Provided</italic>,</proviso> That gross obligations
for the principal amount of direct loans shall not exceed $25,000,000:
<proviso><italic>Provided further</italic>,</proviso> 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).</text>
</appropriations-small><appropriations-small id="id041FF3EF02824866BEF62E7F7C88D4AF"><header>Flood
hazard mapping and risk analysis program</header><text display-inline="no-display-inline">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.</text>
</appropriations-small><appropriations-small id="id75CDD40D69914D09B5E0409745193B7E"><header>National
flood insurance fund</header><text display-inline="no-display-inline">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:
<proviso><italic>Provided</italic>,</proviso> 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:
<proviso><italic>Provided further</italic>,</proviso> 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:</text>
<paragraph id="id2DADC1D166F84B9CA32125BBA611FCB5"><enum>(1)</enum><text display-inline="yes-display-inline">$132,000,000 for operating expenses;</text>
</paragraph><paragraph id="idEF86352339DC40919481871278CF5A1E"><enum>(2)</enum><text display-inline="yes-display-inline">$1,007,571,000 for commissions and taxes of
agents;</text>
</paragraph><paragraph id="id6B59F1D9E2A046BAB469439B1F77C133"><enum>(3)</enum><text display-inline="yes-display-inline">such sums as are necessary for interest on
Treasury borrowings; and</text>
</paragraph><paragraph id="id82AC2F675F964DC1A72FE3CFFF591FDA"><enum>(4)</enum><text display-inline="yes-display-inline">$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):</text>
</paragraph><continuation-text continuation-text-level="appropriations-small"><proviso><italic>Provided
further</italic>,</proviso> That the amounts collected under section 102 of the
Flood Disaster Protection Act of 1973 (42 U.S.C. 4012a) and section 1366(i) of
the National Flood Insurance Act of 1968 shall be deposited in the National
Flood Insurance Fund to supplement other amounts specified as available for
section 1366 of the National Flood Insurance Act of 1968, notwithstanding
subsection (f)(8) of such section 102 (42 U.S.C. 4012a(f)(8)) and subsection
1366(i) and paragraphs (2) and (3) of section 1367(b) of the National Flood
Insurance Act of 1968 (42 U.S.C. 4104c(i), 4104d(b)(2)–(3)):
<proviso><italic>Provided further</italic>,</proviso> That total
administrative costs shall not exceed 4 percent of the total
appropriation.</continuation-text></appropriations-small><appropriations-small commented="no" id="id72B2C73430D4492BBB6A3239DDBDD031"><header>National predisaster mitigation
fund</header><text display-inline="no-display-inline">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:
<proviso><italic>Provided</italic>,</proviso> That the total
administrative costs associated with such grants shall not exceed $3,000,000 of
the total amount made available under this
heading.</text>
</appropriations-small><appropriations-small id="H838383AF4BC046A8AA66F8C272948D8D"><header>emergency
food and shelter</header><text display-inline="no-display-inline">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:
<proviso><italic>Provided</italic></proviso>, That total administrative
costs shall not exceed 3.5 percent of the total amount made available under
this heading. <pagebreak></pagebreak></text>
</appropriations-small><enum>IV</enum><header display-inline="no-display-inline">Research and development, training, and
services</header>
<appropriations-intermediate id="id6553A57914554BB6BE7F6E95B1E6E4E5"><header>United states citizenship and
immigration services</header><text display-inline="no-display-inline">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:
<proviso><italic>Provided</italic>,</proviso> 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:
<proviso><italic>Provided further</italic>,</proviso> 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.</text>
</appropriations-intermediate><appropriations-intermediate id="id88237AA8C5B34F34B52F9A571A15BBFF"><header>Federal law enforcement
training center</header>
</appropriations-intermediate><appropriations-small id="idFF0D795A0AF0475D93BB166FE020C10D"><header>Salaries
and expenses</header><text display-inline="no-display-inline">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:
<proviso><italic>Provided</italic>,</proviso> 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:
<proviso><italic>Provided further</italic>,</proviso> 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 <quote>December 31,
2012</quote> and inserting <quote>December 31, 2014</quote>:
<proviso><italic>Provided further</italic>,</proviso> 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:
<proviso><italic>Provided further</italic>,</proviso> 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.</text>
</appropriations-small><appropriations-small id="id767A23AB2CA44876824550736540CC7C"><header>ACQUISITIONS, CONSTRUCTION,
IMPROVEMENTS, AND RELATED EXPENSES</header><text display-inline="no-display-inline">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:
<proviso><italic>Provided</italic>,</proviso> That the Center is
authorized to accept reimbursement to this appropriation from government
agencies requesting the construction of special use
facilities.</text>
</appropriations-small><appropriations-intermediate id="id0E9A76AB6ABD4EAA818B81FD61C95835"><header>Science and
Technology</header>
</appropriations-intermediate><appropriations-small commented="no" id="idEC17B87B03FD443BB8EC4A5362D12F33"><header>MANAGEMENT AND
ADMINISTRATION</header><text display-inline="no-display-inline">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:
<proviso><italic>Provided</italic>,</proviso> That not to exceed $8,500
shall be for official reception and representation
expenses.</text>
</appropriations-small><appropriations-small id="HA989474036A145479C72180BF99D8F57"><header>Research,
Development, Acquisition, and Operations</header><text display-inline="no-display-inline">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,
<added-phrase reported-display-style="italic"></added-phrase>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.<added-phrase reported-display-style="italic"></added-phrase></text>
</appropriations-small><appropriations-intermediate id="idB976A72307EF4DE1AAFFB49A07CFD0A4"><header>Domestic Nuclear Detection
Office</header>
</appropriations-intermediate><appropriations-small id="idD8BACA32D7614128BE6BEC5349BD8780"><header>MANAGEMENT AND
ADMINISTRATION</header><text display-inline="no-display-inline">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:
<proviso><italic>Provided</italic>,</proviso> That not to exceed $2,500
shall be for official reception and representation expenses:
<proviso><italic> Provided further,</italic></proviso> 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:</text>
<paragraph id="idB045018EEF9B42D6BFA675B6F3F075A8"><enum>(1)</enum><text display-inline="yes-display-inline">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;</text>
</paragraph><paragraph id="id562DD2E1F3A44C27A2F9CFB652E3CAB0"><enum>(2)</enum><text display-inline="yes-display-inline">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;</text>
</paragraph><paragraph id="id03DE9DB242BE4A97AC083647EEF784DF"><enum>(3)</enum><text display-inline="yes-display-inline">describe the investments necessary to close
known vulnerabilities and gaps, including associated costs and timeframes, and
estimates of feasibility and cost effectiveness; and</text>
</paragraph><paragraph commented="no" display-inline="no-display-inline" id="idED38940A9B974A709E23936D75B50247"><enum>(4)</enum><text display-inline="yes-display-inline">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.</text>
</paragraph></appropriations-small><appropriations-small id="H9521D2D74AB64A2C9FA5EDE06B7B0918"><header>Research, Development, and
Operations</header><text display-inline="no-display-inline">For necessary
expenses for radiological and nuclear research, development, testing,
evaluation, and operations, $215,000,000, to remain available until September
30, 2014.</text>
</appropriations-small><appropriations-small commented="no" id="id7337D9D1017842F1AE511D1EAFB5E327"><header>Systems
acquisition</header><text display-inline="no-display-inline">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.
<pagebreak></pagebreak></text>
</appropriations-small><enum>V</enum><header display-inline="no-display-inline">General provisions</header>
<section commented="no" display-inline="no-display-inline" id="idE4B24918E93248169153201167ED7CA3" section-type="subsequent-section"><enum>501.</enum><text display-inline="yes-display-inline">No part of any appropriation contained in
this Act shall remain available for obligation beyond the current fiscal year
unless expressly so provided herein.</text>
</section><section id="HFE34ED7E090A40EF8B9B727DF939BBB0"><enum>502.</enum><text display-inline="yes-display-inline">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.</text>
</section><section id="id4791D1647D6947C3A4BACA3D483E8AC5"><enum>503.</enum><subsection commented="no" display-inline="yes-display-inline" id="idF4BA9FCC6A474E2C9C21D7646A6A1130"><enum>(a)</enum><text display-inline="yes-display-inline">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:</text>
<paragraph id="idCE20F990E2C74C12908799F22BAE118C"><enum>(1)</enum><text display-inline="yes-display-inline">creates a new program, project, or
activity;</text>
</paragraph><paragraph id="idAB9186AC9D374D43B228DD2872FBA9E2"><enum>(2)</enum><text display-inline="yes-display-inline">eliminates a program, project, office, or
activity;</text>
</paragraph><paragraph id="id1B73A6F0D57245D993DD16202E3CA440"><enum>(3)</enum><text display-inline="yes-display-inline">increases funds for any program, project,
or activity for which funds have been denied or restricted by the
Congress;</text>
</paragraph><paragraph commented="no" id="id9A863639ED8D444A905F879EF9EAF5CF"><enum>(4)</enum><text display-inline="yes-display-inline">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</text>
</paragraph><paragraph id="idB0CC5488B9944235BEB38ECAE722F713"><enum>(5)</enum><text display-inline="yes-display-inline">contracts out any function or activity for
which funding levels were requested for Federal full-time equivalents in the
object classification tables contained in the fiscal year 2012 Budget Appendix
for the Department of Homeland Security, as modified by the explanatory
statement described in section 4 (in the matter preceding division A of this
consolidated Act), unless the Committees on Appropriations of the Senate and
the House of Representatives are notified 15 days in advance of such
reprogramming of funds.</text>
</paragraph></subsection><subsection id="ID0881c7ba7ef740d3a23c73f11497aa0a"><enum>(b)</enum><text>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:</text>
<paragraph id="idE6476018285C4B8C862803AC7698B6E5"><enum>(1)</enum><text>augments existing
programs, projects, or activities;</text>
</paragraph><paragraph id="id2B429202645D4BC89655E7CA9CF79254"><enum>(2)</enum><text>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</text>
</paragraph><paragraph id="id78BC86B267504BA6AF171231981E62DA"><enum>(3)</enum><text>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.</text>
</paragraph></subsection><subsection id="IDb26be4495a164398a79e88ccde5e2423"><enum>(c)</enum><text>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:
<proviso><italic>Provided</italic>,</proviso> 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.</text>
</subsection><subsection commented="no" id="IDaeba5895a87e4573a21166b66e37c9a7"><enum>(d)</enum><text>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.</text>
</subsection><subsection commented="no" display-inline="no-display-inline" id="IDae20d0ef427e41359e5fd43e4f6641a7"><enum>(e)</enum><text>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.</text>
</subsection></section><section id="HCE7618F36DFA442EB80CF74323CE0A8E"><enum>504.</enum><text display-inline="yes-display-inline">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:
<proviso><italic>Provided</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, That all
departmental components shall be charged only for direct usage of each Working
Capital Fund service:
<proviso><italic>Provided further</italic></proviso>, That funds
provided to the Working Capital Fund shall be used only for purposes consistent
with the contributing component:
<proviso><italic>Provided further</italic></proviso>, That the
Working Capital Fund shall be paid in advance or reimbursed at rates which will
return the full cost of each service:
<proviso><italic>Provided further</italic></proviso>, That the
Working Capital Fund shall be subject to the requirements of section 503 of
this Act.</text>
</section><section id="HCA09F3C3C22142C7A5C7F0E285EF72EB"><enum>505.</enum><text display-inline="yes-display-inline">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:
<proviso><italic>Provided</italic></proviso>, 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.</text>
</section><section id="H01909339DD3F4284AF46AF76CBEA864D"><enum>506.</enum><text display-inline="yes-display-inline">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.</text>
</section><section id="H035338D175B94406903F7FF90C8B5CAB"><enum>507.</enum><subsection commented="no" display-inline="yes-display-inline" id="HF4CE84FDCEBA4F88B2DDFCB9C164D095"><enum>(a)</enum><text display-inline="yes-display-inline">Except as provided in subsections (b) and
(c), none of the funds made available by this Act may be used to—</text>
<paragraph id="H263173D77F354B0795B7A3F84BE2EA1F"><enum>(1)</enum><text>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;</text>
</paragraph><paragraph id="H38FF1F1E07B24079B14E42059F9354A9"><enum>(2)</enum><text>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</text>
</paragraph><paragraph id="HC4E83A43696A4092BFD679177A7332AF"><enum>(3)</enum><text>announce publicly
the intention to make or award items under paragraph (1) or (2), including a
contract covered by the Federal Acquisition Regulation.</text>
</paragraph></subsection><subsection id="HE294A089D86341878257B2B80D4A5FB3"><enum>(b)</enum><text>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.</text>
</subsection><subsection id="H50A1E4F8CFF74E0BA03D9803A645DBC7"><enum>(c)</enum><text>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.</text>
</subsection><subsection id="H9816BA8A017C421DBB6B66F77B98B9AC"><enum>(d)</enum><text>A notification
under this section—</text>
<paragraph id="H1E06372AA62644629A5975A57470E7D2"><enum>(1)</enum><text>may not involve
funds that are not available for obligation; and</text>
</paragraph><paragraph id="HF781B32B47A541FC8689A21821031902"><enum>(2)</enum><text>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.</text>
</paragraph></subsection><subsection id="HF380CC4BC67E4284954FBAE5921E35AA"><enum>(e)</enum><text>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”.</text>
</subsection></section><section id="H6B2CC76608334E1CB885DD79AF93C6EE"><enum>508.</enum><text display-inline="yes-display-inline">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.</text>
</section><section commented="no" display-inline="no-display-inline" id="H849545D4AB924543BC703241F52B2392" section-type="subsequent-section"><enum>509.</enum><text display-inline="yes-display-inline">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.</text>
</section><section id="ID55bffda7ca4c48318cd5d2777053d8f6"><enum>510.</enum><text display-inline="yes-display-inline">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.</text>
</section><section id="HAD1057EA99D54597A3CB66925EF7B22E"><enum>511.</enum><text display-inline="yes-display-inline">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.).</text>
</section><section id="HC1CB580C643B4260ACF52FFBF2E9852E"><enum>512.</enum><text display-inline="yes-display-inline">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.</text>
</section><section id="H629DB58784764468B727042646C59E5D"><enum>513.</enum><text display-inline="yes-display-inline">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).</text>
</section><section commented="no" display-inline="no-display-inline" id="H9D0E89360E684AC1A9E05ECAEDAD4CFB" section-type="subsequent-section"><enum>514.</enum><text display-inline="yes-display-inline">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.</text>
</section><section id="ID1f8210bb17674ed4811ff86082ef9676"><enum>515.</enum><text display-inline="yes-display-inline">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.</text>
</section><section commented="no" id="ID5c41763e08ef48b09bf44107775bdb79"><enum>516.</enum><text display-inline="yes-display-inline">Except as provided in section 44945 of
title 49, United States Code, funds appropriated or transferred to
Transportation Security Administration <quote>Aviation Security</quote>,
<quote>Administration</quote>, and <quote>Transportation Security
Support</quote> 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:
<proviso><italic>Provided</italic>,</proviso> 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.</text>
</section><section commented="no" id="IDd21d8a1e159c443cb840684c21c9649f"><enum>517.</enum><text display-inline="yes-display-inline">Any funds appropriated to Coast Guard
<quote>Acquisition, Construction, and Improvements</quote> 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.</text>
</section><section commented="no" display-inline="no-display-inline" id="IDc27e8b65ee444d8aac171f2c2623953d" section-type="subsequent-section"><enum>518.</enum><text display-inline="yes-display-inline">Section 532(a) of Public Law 109–295 (120
Stat. 1384) is amended by striking <quote>2011</quote> and inserting
<quote>2012</quote>.</text>
</section><section id="HF24CC58A5EF349BCACFADDB367DA9EB8"><enum>519.</enum><text display-inline="yes-display-inline">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).</text>
</section><section id="H5064A611058E4980BFB5E4D18736BE15"><enum>520.</enum><subsection commented="no" display-inline="yes-display-inline" id="H18CBB0046A574D02B8F99541FCE4C429"><enum>(a)</enum><text display-inline="yes-display-inline">Except as provided in subsection (b), none
of the funds appropriated in this or any other Act to the <quote>Office of the
Secretary and Executive Management</quote>, the <quote>Office of the Under
Secretary for Management</quote>, or the <quote>Office of the Chief Financial
Officer</quote>, may be obligated for a grant or contract funded under such
headings by any means other than full and open competition.</text>
</subsection><subsection id="HB387B2672A374D2987001748612BC8A6"><enum>(b)</enum><text>Subsection (a)
does not apply to obligation of funds for a contract awarded—</text>
<paragraph id="H531FDE3C2B1D4F4DA577F83A247F62BB"><enum>(1)</enum><text>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.);</text>
</paragraph><paragraph id="HB16936F813DD406DAFE913936D613C42"><enum>(2)</enum><text>pursuant to the
Small Business Act (15 U.S.C. 631 et seq.);</text>
</paragraph><paragraph id="HA72412E430624E8C9C0EB86FB505F030"><enum>(3)</enum><text>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</text>
</paragraph><paragraph id="H4BE91EB0C3154DDFA8D967FBA3E2436F"><enum>(4)</enum><text>by another Federal
agency using funds provided through an interagency agreement.</text>
</paragraph></subsection><subsection id="H79B003C5025C4D6C8505AF49DDE6BF55"><enum>(c)</enum><paragraph commented="no" display-inline="yes-display-inline" id="H68A306039AB948F0BA4189839CE9E914"><enum>(1)</enum><text>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.</text>
</paragraph><paragraph id="H7C4E7E378D35402AACE24A4A96636CF4" indent="up1"><enum>(2)</enum><text>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:
<proviso><italic>Provided</italic></proviso>, That the Secretary may
not delegate the authority to grant such a waiver.</text>
</paragraph></subsection><subsection commented="no" display-inline="no-display-inline" id="H7C2EB19526ED413486932C1836D3B1F4"><enum>(d)</enum><text>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:
<proviso><italic>Provided</italic></proviso>, That the Inspector
General shall review selected contracts awarded in the previous fiscal year
through means other than a full and open competition:
<proviso><italic>Provided further</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, 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.</text>
</subsection></section><section commented="no" display-inline="no-display-inline" id="id8106AB55F2DA43A88B3CDCB86A89781F"><enum>521.</enum><text display-inline="yes-display-inline">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—</text>
<paragraph commented="no" display-inline="no-display-inline" id="id4728571C14154C2A89495D9F58D16D2F"><enum>(1)</enum><text display-inline="yes-display-inline">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);</text>
</paragraph><paragraph commented="no" display-inline="no-display-inline" id="idBF8BFEAC84EE4F92AC28231D812529E0"><enum>(2)</enum><text display-inline="yes-display-inline">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</text>
</paragraph><paragraph commented="no" display-inline="no-display-inline" id="idC517193C527D478DBA60C2EFB76B7B3A"><enum>(3)</enum><text display-inline="yes-display-inline">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.</text>
</paragraph></section><section id="IDdb7b19f0984743a7bd0d824c6d5aab03"><enum>522.</enum><text display-inline="yes-display-inline">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.</text>
</section><section commented="no" display-inline="no-display-inline" id="ID523e7566662147cb8cc1917563cf8d76" section-type="subsequent-section"><enum>523.</enum><text display-inline="yes-display-inline">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).</text>
</section><section id="id6B5C6BD694204808B626C9BDD001A69F"><enum>524.</enum><text display-inline="yes-display-inline">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.</text>
</section><section id="HBA7DC5A585804846BA2E1605B5CE31D0"><enum>525.</enum><text display-inline="yes-display-inline">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.</text>
</section><section commented="no" display-inline="no-display-inline" id="H5B6B83F3E53E4020BD70B49A6E7B30A3" section-type="subsequent-section"><enum>526.</enum><text display-inline="yes-display-inline">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.</text>
</section><section commented="no" id="id5BE67EA0D1434BCCA7C68A10D89849A3"><enum>527.</enum><text display-inline="yes-display-inline">Section 831 of the Homeland Security Act of
2002 (6 U.S.C. 391) is amended—</text>
<paragraph commented="no" id="id572A13FD317F466188BD9F663ED2B577"><enum>(1)</enum><text display-inline="yes-display-inline">in subsection (a), by striking <quote>Until
September 30, 2011,</quote> and inserting <quote>Until September 30,
2012,</quote>;</text>
</paragraph><paragraph id="IDf6f19b682e8c46329628ebf93a0401b9"><enum>(2)</enum><text>by striking
subsection (b);</text>
</paragraph><paragraph id="ID3821234226f1400f962366cdac1c95a2"><enum>(3)</enum><text>by redesignating
subsections (c), (d), and (e) as subsections (b), (c), and (d), respectively;
and</text>
</paragraph><paragraph commented="no" display-inline="no-display-inline" id="IDb4b6afae3aa34a2ba65583fb7cd58636"><enum>(4)</enum><text>in subsection
(c)(1) (as redesignated by paragraph (3) of this section), by striking
<quote>September 30, 2011,</quote> and inserting <quote>September 30,
2012,</quote>.</text>
</paragraph></section><section id="HE27D656C4DBA401CA0F7BDC4BE1B0B85"><enum>528.</enum><text display-inline="yes-display-inline">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).</text>
</section><section commented="no" id="idC65446855D0E4BA7A6588E393D9BFBCE"><enum>529.</enum><text display-inline="yes-display-inline">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:
<proviso><italic>Provided</italic>,</proviso> 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).</text>
</section><section id="HD700D2518ABB4BFB877A32A5843AEACB"><enum>530.</enum><text display-inline="yes-display-inline">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).</text>
</section><section commented="no" id="ID0af14c815c04455bb8224b1f471c5f53"><enum>531.</enum><text display-inline="yes-display-inline">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.</text>
</section><section id="H16B62CB981D94D17848C07555046C24B"><enum>532.</enum><text display-inline="yes-display-inline">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:
<proviso><italic>Provided</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, That the
prescription drug may not be—</text>
<paragraph id="H9503CA873AE248E792B490960846FD6D"><enum>(1)</enum><text>a
controlled substance, as defined in section 102 of the Controlled Substances
Act (21 U.S.C. 802); or</text>
</paragraph><paragraph commented="no" display-inline="no-display-inline" id="HC890283B8CD94208964C6F4889415CA3"><enum>(2)</enum><text>a biological
product, as defined in section 351 of the Public Health Service Act (42 U.S.C.
262).</text>
</paragraph></section><section commented="no" id="ID2b85fbb36c2f46b5b3cb7d1495641a4b"><enum>533.</enum><text display-inline="yes-display-inline">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.</text>
</section><section id="ID8c24a58544904b148be4d1ae6c8f4db5"><enum>534.</enum><text display-inline="yes-display-inline">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:
<proviso><italic>Provided</italic>,</proviso> 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.</text>
</section><section id="H4A2FC6A3D103461DACD6457167BA5387"><enum>535.</enum><text display-inline="yes-display-inline">None of the funds made available in this
Act may be used for planning, testing, piloting, or developing a national
identification card.</text>
</section><section id="H8F9A25A50BE84FC39BCCF0AD27A742BE"><enum>536.</enum><text display-inline="yes-display-inline">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.</text>
</section><section id="H3F7DC13F295744C0994192C3BB26F487"><enum>537.</enum><subsection commented="no" display-inline="yes-display-inline" id="H9C10AC8799484421B68DC2F3FE2D096B"><enum>(a)</enum><text display-inline="yes-display-inline">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.</text>
</subsection><subsection id="H85A33D55469D4E11901351EA112FA575"><enum>(b)</enum><text>The Administrator
may redact from a report under subsection (a) any data that the Administrator
determines would compromise national security.</text>
</subsection><subsection id="HBCC9F98266924AF3B3F87D68EB91D22C"><enum>(c)</enum><text>In this
section—</text>
<paragraph id="HC17B85E06D8941D4902537FFD1ABC779"><enum>(1)</enum><text>the term
<quote>Administrator</quote> means the Administrator of the Federal Emergency
Management Agency; and</text>
</paragraph><paragraph commented="no" display-inline="no-display-inline" id="HE2826DBEF3274F87B59E0B08A81DA0E1"><enum>(2)</enum><text>the term
<quote>major disaster</quote> 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).</text>
</paragraph></subsection></section><section id="IDec7a1a7eaf7e4a3b98f11ba7cc2cd016"><enum>538.</enum><subsection commented="no" display-inline="yes-display-inline" id="idECC303AC2DCE40C8A2A296BB878D48C4"><enum>(a)</enum><text display-inline="yes-display-inline">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.</text>
</subsection><subsection commented="no" display-inline="no-display-inline" id="id192F56A92B6E4B28A0CF944FCCDAAE59"><enum>(b)</enum><text display-inline="yes-display-inline">The proceeds of such sale described in
subsection (a) shall be deposited as offsetting collections into the Department
of Homeland Security Science and Technology <quote>Research, Development,
Acquisition, and Operations</quote> 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.</text>
</subsection></section><section commented="no" id="ID19f96e52e79d41fca45be6b70fb25373"><enum>539.</enum><text display-inline="yes-display-inline">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.</text>
</section><section id="IDea7810c1af3c4b669ae207ead7dd77f3"><enum>540.</enum><text display-inline="yes-display-inline">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
<quote>on October 4, 2011</quote> and inserting <quote>on October 4,
2012</quote>.</text>
</section><section id="id6977622A8F8B49E694E8D53620A9B8A5"><enum>541.</enum><text display-inline="yes-display-inline">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—</text>
<paragraph id="idC8F790393A5A4D12B15A1F3B36A025D3"><enum>(1)</enum><text display-inline="yes-display-inline">is not a United States citizen or a member
of the Armed Forces of the United States; and</text>
</paragraph><paragraph commented="no" display-inline="no-display-inline" id="id0AA7819220DB455F965D669BD9A0D928"><enum>(2)</enum><text display-inline="yes-display-inline">is or was held on or after June 24, 2009,
at the United States Naval Station, Guantanamo Bay, Cuba, by the Department of
Defense.</text>
</paragraph></section><section id="H58E2246EF7EC423BADE13CE0CC99389C"><enum>542.</enum><text display-inline="yes-display-inline">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.</text>
</section><section id="H241174F266B34641A51CEA5871D7209F"><enum>543.</enum><text display-inline="yes-display-inline">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.</text>
</section><section commented="no" display-inline="no-display-inline" id="HC7588FCE1A6A4F35B70C70EB62326295" section-type="subsequent-section"><enum>544.</enum><text display-inline="yes-display-inline">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)).</text>
</section><section id="HFE8582055E1D4D4FB517BEA64983266A"><enum>545.</enum><subsection commented="no" display-inline="yes-display-inline" id="H98A40A7863C54852AC06B25BC61D88A5"><enum>(a)</enum><text display-inline="yes-display-inline">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—</text>
<paragraph id="HA93C533240FB42B5A426F2C9DA518CD9"><enum>(1)</enum><text>the National
Institute for Standards and Technology Special Publication 800–30, entitled
<quote>Risk Management Guide for Information Technology Systems</quote>;</text>
</paragraph><paragraph id="H07D29ADF887248AEB397B050942C28F0"><enum>(2)</enum><text>the National
Institute for Standards and Technology Special Publication 800–53, Revision 3,
entitled <quote>Recommended Security Controls for Federal Information Systems
and Organizations,</quote>; and</text>
</paragraph><paragraph id="H7BF929FD8AA04F7DABC80D8FF8E3CF3A"><enum>(3)</enum><text>any supplemental
standards established by the Administrator of the Transportation Security
Administration (referred to in this section as the
<quote>Administrator</quote>).</text>
</paragraph></subsection><subsection id="HABC483E0E9714A38BF8772C6653CB2C6"><enum>(b)</enum><text>The airport
authority or air carrier operator that sponsors the company under the
Registered Traveler program shall be known as the Sponsoring Entity.</text>
</subsection><subsection commented="no" display-inline="no-display-inline" id="HCC74022E29E7487CA528B5D820F417B8"><enum>(c)</enum><text>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.</text>
</subsection></section><section commented="no" id="ID92faaa5172d642cc8f6d06ef0ed31333"><enum>546.</enum><text display-inline="yes-display-inline">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.</text>
</section><section id="H46E681F97B9D426BB6D8394335B490DB"><enum>547.</enum><text display-inline="yes-display-inline">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.</text>
</section><section id="H10C8EAD74ED9457A915B172AC557D633"><enum>548.</enum><subsection commented="no" display-inline="yes-display-inline" id="H0A0D26D9352C48B8BFDD9D57AD9B5C7D"><enum>(a)</enum><text display-inline="yes-display-inline">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—</text>
<paragraph id="H1252A8D70857453BA624098C34883204"><enum>(1)</enum><text>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</text>
</paragraph><paragraph id="H378970549FF5477697F52BEF458EF3EB"><enum>(2)</enum><text>includes a
strategy to comply with the requirements under title 44901(g) of title 49,
United States Code, including—</text>
<subparagraph id="HA7EF4CA83936431284377290B3C6A528"><enum>(A)</enum><text>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</text>
</subparagraph><subparagraph id="H7CA42E1539854505B70C724462FF0BFC"><enum>(B)</enum><text>specification
of—</text>
<clause id="H3AF062B5FE0F47E3A32ACB94793A7FFB"><enum>(i)</enum><text>the
percentage of such air cargo that is being screened; and</text>
</clause><clause id="HD5887D23CD334379BD3A8013E6F6101C"><enum>(ii)</enum><text>the
schedule for achieving screening of 100 percent of such air cargo.</text>
</clause></subparagraph></paragraph></subsection><subsection id="H0496C870A3CC41DCB5E6C17EC4CFB15A"><enum>(b)</enum><text>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.</text>
</subsection></section><section commented="no" display-inline="no-display-inline" id="HAF677A8F78084455BA7F7C13B669B5CF" section-type="subsequent-section"><enum>549.</enum><text display-inline="yes-display-inline">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.</text>
</section><section commented="no" id="ID6886f42914fc443d8ff7b11cacca7fa6"><enum>550.</enum><subsection commented="no" display-inline="yes-display-inline" id="idC72E3767663543C6ACDFC0FEC4553493"><enum>(a)</enum><text display-inline="yes-display-inline">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—</text>
<paragraph commented="no" id="id53FE551B8EA346329CE0FB9E7A871090"><enum>(1)</enum><text display-inline="yes-display-inline">completes 50 percent of design planning for
the National Bio- and Agro-defense Facility;</text>
</paragraph><paragraph commented="no" id="idBCC10ED7EBE944808F332599F0095738"><enum>(2)</enum><text display-inline="yes-display-inline">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</text>
</paragraph><paragraph commented="no" id="idD7F66F80D0A047D4A29A6A991F0CBBFD"><enum>(3)</enum><text display-inline="yes-display-inline">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).</text>
</paragraph></subsection><subsection commented="no" id="idA64E3A46E3D949D99B069EC4A3D3017A"><enum>(b)</enum><text display-inline="yes-display-inline">The revised site-specific biosafety and
biosecurity mitigation risk assessment required by subsection (a) shall—</text>
<paragraph commented="no" id="idCD3DBBC6523C4FADB861E334C290B3AF"><enum>(1)</enum><text display-inline="yes-display-inline">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;</text>
</paragraph><paragraph commented="no" id="id11082969BFB346B2A3326F397E4434C8"><enum>(2)</enum><text display-inline="yes-display-inline">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</text>
</paragraph><paragraph commented="no" id="id32B230A0F08D419A8E393098F8112D5B"><enum>(3)</enum><text display-inline="yes-display-inline">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.</text>
</paragraph></subsection><subsection commented="no" id="id0F3BF525555540848DBB650292BC3AC4"><enum>(c)</enum><text display-inline="yes-display-inline">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.</text>
</subsection></section><section id="HD74A552178864B84B2D57E40DA28DBCD"><enum>551.</enum><subsection commented="no" display-inline="yes-display-inline" id="H9655A89906DC44D19249E98A5AEA713F"><enum>(a)</enum><text display-inline="yes-display-inline">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.</text>
<paragraph commented="no" display-inline="no-display-inline" id="HEE116981118A40268B3C7EB4E7651B91" indent="up1"><enum>(b)</enum><text display-inline="yes-display-inline">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.</text>
</paragraph></subsection></section><section id="IDa23e6fde8083447ca50c0a23c068c126"><enum>552.</enum><text display-inline="yes-display-inline">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.</text>
</section><section id="ID6b75e1018da449d591e6282ef6a9c7f0"><enum>553.</enum><text display-inline="yes-display-inline">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:
<proviso><italic>Provided</italic>,</proviso> That the Secretary
shall notify the Committees on Appropriations of the Senate and the House of
Representatives 5 days in advance of such transfer.</text>
</section><section commented="no" id="IDba50c68a13a74c62ad76e208e4614097"><enum>554.</enum><text display-inline="yes-display-inline">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).</text>
</section><section id="IDbe5301f744fe4b0b9870af8ba3d9f756"><enum>555.</enum><text display-inline="yes-display-inline">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.</text>
</section><section id="idE17EF470A78B45CAB020C86202F1114C"><enum>556.</enum><subsection commented="no" display-inline="yes-display-inline" id="id5D8A283B458844B182972E7184B37961"><enum>(a)</enum><text display-inline="yes-display-inline">For an additional amount for data center
migration, $70,000,000.</text>
</subsection><subsection id="id989960F6AE034020B16AA6752C028B9F"><enum>(b)</enum><text display-inline="yes-display-inline">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.</text>
</subsection><subsection id="idEE1B7385403B48088BEC194938F4BFAF"><enum>(c)</enum><text display-inline="yes-display-inline">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.</text>
</subsection></section><section commented="no" display-inline="no-display-inline" id="idB124AFD9B9F64290AB13CE680E0EBB31" section-type="subsequent-section"><enum>557.</enum><text display-inline="yes-display-inline">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:
<proviso><italic>Provided</italic></proviso>, That notwithstanding 31
U.S.C. 3302(b), fees collected by the Advanced Training Center are to be
deposited into a separate account entitled <quote>Advanced Training Center
Revolving Fund</quote>, and be available, without further appropriations, for
necessary expenses of the Advanced Training Center program, and are to remain
available until expended.</text>
</section><section id="H99C6F244AAA141EEB71F48685869A59B"><enum>558.</enum><text display-inline="yes-display-inline">Section 559(e) of Public Law 111–83 is
amended—</text>
<subsection id="HF9F31EEBACBF42F1BD7FE91B49BB5F9B"><enum>(a)</enum><text>in the matter
preceding the first proviso, by striking <quote>law, sell</quote> and inserting
<quote>law, hereafter sell</quote>; and</text>
</subsection><subsection id="HBE69C7410CEE4289A19E98AA392442EC"><enum>(b)</enum><text>in the first
proviso—</text>
<paragraph id="H0A5E56B706534559922C9569DE366047"><enum>(1)</enum><text>by striking
<quote>shall be deposited</quote> and inserting <quote>shall hereafter be
deposited</quote>; and</text>
</paragraph><paragraph id="H67BF93632F534A5B9DCCD1327FE02012"><enum>(2)</enum><text>by striking
<quote>subject to appropriation,</quote> and inserting <quote>without further
appropriations,</quote>.</text>
</paragraph></subsection></section><section commented="no" display-inline="no-display-inline" id="id2E9DFC27CE184BBF920714670FACE836" section-type="subsequent-section"><enum>559.</enum><text display-inline="yes-display-inline">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:
<proviso><italic>Provided</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, That any sale
or collocation of federally owned detention facilities shall not result in the
maintenance of fewer than <added-phrase reported-display-style="italic"></added-phrase>34,000<added-phrase reported-display-style="italic"></added-phrase> detention beds:
<proviso><italic>Provided further</italic></proviso>, 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.</text>
</section><section commented="no" display-inline="no-display-inline" id="idFAE6B370E0FF4A648644661B2A9C17CF" section-type="subsequent-section"><enum>560.</enum><text display-inline="yes-display-inline">For an additional amount for the
<quote>Office of the Under Secretary for Management</quote>, $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:
<proviso><italic>Provided</italic>,</proviso> 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.</text>
</section><section id="id8D3C823DAB634C64B06B66BB02E7C75C"><enum>561.</enum><text display-inline="yes-display-inline">None of the funds made available by this
Act may be used to enforce the requirements in—</text>
<paragraph id="id39DFB16D664942FEAB1E93286B661E27"><enum>(1)</enum><text display-inline="yes-display-inline">section 34(a)(1)(A) of the Federal Fire
Prevention and Control Act of 1974 (15 U.S.C. 2229(a)(1)(A));</text>
</paragraph><paragraph id="id3661133C654A4D87882AD9CEEA64780B"><enum>(2)</enum><text display-inline="yes-display-inline">section 34(a)(1)(B) of such Act;</text>
</paragraph><paragraph id="idD4040B0BAF9E4834A6F350CC93CE8A5C"><enum>(3)</enum><text display-inline="yes-display-inline">section 34(c)(1) of such Act;</text>
</paragraph><paragraph id="id86438B17941A482BACA777DEF358E3D4"><enum>(4)</enum><text display-inline="yes-display-inline">section 34(c)(2) of such Act;</text>
</paragraph><paragraph id="idFACE2FF7808645F88B60E541BD9C32DC"><enum>(5)</enum><text display-inline="yes-display-inline">section 34(c)(4)(A) of such Act; and</text>
</paragraph><paragraph id="id30A8F36BB2C445D888FC3C2D3F6ACB99"><enum>(6)</enum><text display-inline="yes-display-inline">section 34(a)(1)(E) of such Act.</text>
</paragraph></section><section commented="no" display-inline="no-display-inline" id="idB869F9CE9D2D4F5EBBB1739E9D4F7879" section-type="subsequent-section"><enum>562.</enum><text display-inline="yes-display-inline">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:
<proviso><italic>Provided</italic>,</proviso> 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:
<proviso><italic>Provided further</italic>,</proviso> 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.</text>
</section><section commented="no" display-inline="no-display-inline" id="idECA4611EA961425D8BEBC6B6AC71C9DE" section-type="subsequent-section"><enum>563.</enum><text display-inline="yes-display-inline">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:
<proviso><italic>Provided</italic>,</proviso> 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.</text>
</section><section id="id41E1E27EF45F4AF38E36B24D6FE67B87"><enum>564.</enum><subsection commented="no" display-inline="yes-display-inline" id="idD74CFED301FE4C418D38A4AA11A7BBDB"><enum>(a)</enum><header>Civil penalties for
circumventing security screening</header><text>Section 46301(a)(5)(A)(i) of
title 49, United States Code, is amended—</text>
<paragraph id="IDb5ca2d1f45e0412e9b506b0c89194a9c"><enum>(1)</enum><text>by striking
<quote>or chapter 449</quote> and inserting <quote>chapter 449</quote>;
and</text>
</paragraph><paragraph id="IDaf61539233bf4914974d290676f366fe"><enum>(2)</enum><text>by inserting
<quote>, or section 46314(a)</quote> after <quote>44909)</quote>.</text>
</paragraph></subsection><subsection id="ID928b4325ad9d49c49e9ab15b681e2c3f"><enum>(b)</enum><header>Criminal
penalties for circumventing security screening</header><text>Section
46314(b)(2) of title 49, United States Code, is amended by inserting
<quote>with intent to evade security procedures or restrictions or</quote>
after <quote>of this section</quote>.</text>
</subsection><subsection id="IDd53567bbf211445ca5bbbe831101e6d9"><enum>(c)</enum><header>Notice of
penalties</header><text>Section 46314 of title 49, United States Code, is
amended by adding at the end the following new subsection:</text>
<quoted-block display-inline="no-display-inline" id="idBEA580F839FE46FBB8B07050F796BD75" style="OLC">
<subsection id="id296549C47B3B477984C848A84864BD11"><enum>(c)</enum><header>Notice of
penalties</header>
<paragraph id="ID2037f2f18d474e93853a96aaef87b349"><enum>(1)</enum><header>In
general</header><text>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.</text>
</paragraph><paragraph id="ID4b7c25b3f64e4eb1ab0df36a1bb415f1"><enum>(2)</enum><header>Effect of signs
on penalties</header><text>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).</text>
</paragraph></subsection><after-quoted-block>.</after-quoted-block></quoted-block>
</subsection></section><section id="idEE43A398D4B349999A958E8641817B5A"><enum>565.</enum><subsection commented="no" display-inline="yes-display-inline" id="id1941E2D387924521928110F15E1CE7A5"><enum>(a)</enum><header>Short
Title</header><text>This section may be cited as the <quote><short-title>Disaster Assistance Recoupment Fairness Act of
2011</short-title></quote>.</text>
</subsection><subsection id="id85EF31CE2DA643D8BD729688F08E4366"><enum>(b)</enum><header>Debts Since
2005</header>
<paragraph id="id940F90B234874258AB9A1EEC2DE1B7B3"><enum>(1)</enum><header>Definition</header><text display-inline="yes-display-inline">In this section, the term <quote>covered
assistance</quote> means assistance provided—</text>
<subparagraph id="idF82FE42AE8AB41BAB22E128FA6396904"><enum>(A)</enum><text display-inline="yes-display-inline">under section 408 of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5174); and</text>
</subparagraph><subparagraph id="id965F52557CCC487EBCAE12632BBACCF3"><enum>(B)</enum><text display-inline="yes-display-inline">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.</text>
</subparagraph></paragraph><paragraph id="idFC466BC7991C4053804F23D756AF145D"><enum>(2)</enum><header>Waiver
authority</header><text display-inline="yes-display-inline">The Administrator
of the Federal Emergency Management Agency—</text>
<subparagraph id="id00055C5681364905B121856E1BC08E75"><enum>(A)</enum><text display-inline="yes-display-inline">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—</text>
<clause id="id1DC5745DAB4E4D5C9614A562CCE54EB0"><enum>(i)</enum><text display-inline="yes-display-inline">the covered assistance was distributed
based on an error by the Federal Emergency Management Agency;</text>
</clause><clause id="idAD9EEA52D58640FEA3D98BC891652AA9"><enum>(ii)</enum><text display-inline="yes-display-inline">there was no fault on behalf of the debtor;
and</text>
</clause><clause id="idFBD7DA2CA68E42CF87D59E62A4ED1BAC"><enum>(iii)</enum><text display-inline="yes-display-inline">the collection of the debt would be against
equity and good conscience; and</text>
</clause></subparagraph><subparagraph id="id797D0839E9394E079089DDE49B07F53D"><enum>(B)</enum><text display-inline="yes-display-inline">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.</text>
</subparagraph></paragraph><paragraph id="idA0EFA20E995D4AC38A252C28FDB77C56"><enum>(3)</enum><header>Presumption of
repayment</header><text>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.</text>
</paragraph><paragraph id="id00B0F72C686641D58E58352808CA4E39"><enum>(4)</enum><header>Reporting</header><text display-inline="yes-display-inline">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—</text>
<subparagraph id="idDE86D6CD891947BAA77E1337E8040D07"><enum>(A)</enum><text display-inline="yes-display-inline">the Committee on Homeland Security and
Governmental Affairs and the Subcommittee on Homeland Security of the Committee
on Appropriations of the Senate; and</text>
</subparagraph><subparagraph commented="no" display-inline="no-display-inline" id="id967F06AA276543C3A917E939E33E5404"><enum>(B)</enum><text display-inline="yes-display-inline">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.</text>
</subparagraph></paragraph></subsection></section><section id="id5075D2FB3F094E8888DB3A7CB86FE4AF"><enum>566.</enum><subsection commented="no" display-inline="yes-display-inline" id="idCC54AAE840504ADF9209CC929E31D117"><enum>(a)</enum><text display-inline="yes-display-inline">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.</text>
</subsection><subsection id="id4FA80D4B109A4C19B8D35B24D7A06F0A"><enum>(b)</enum><header>Limitations</header>
<paragraph id="id8152DBC929EB4A9C93B2EA490B2BD7C5"><enum>(1)</enum><text display-inline="yes-display-inline">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</text>
</paragraph><paragraph id="idCD5FFD4058D748AB9B90472A762C7937"><enum>(2)</enum><text display-inline="yes-display-inline">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.</text>
</paragraph><paragraph id="idA9FE62A1D73C4C119161C6E8E154D872"><enum>(3)</enum><text display-inline="yes-display-inline">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.</text>
</paragraph></subsection><subsection id="idB1692D3E804A44DCB8259A53B34FDC6C"><enum>(c)</enum><text display-inline="yes-display-inline">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:</text>
<paragraph id="idD1455C02443241F2AC416695D59FBBC6"><enum>(1)</enum><text display-inline="yes-display-inline">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</text>
</paragraph><paragraph id="id18728127409D42BFBB3AB44DB080C000"><enum>(2)</enum><text display-inline="yes-display-inline">Second, any remaining reimbursement shall
be paid directly to the homeowner.</text>
</paragraph></subsection></section><section id="idEFDFE88EBC0149538F2BC93F0ADB82E0"><enum>567.</enum><text display-inline="yes-display-inline">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.</text>
</section><section id="idA5F2C77364DC4C17908443CAC6E225C6"><enum>568.</enum><text display-inline="yes-display-inline">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—</text>
<paragraph id="idC767041D138F4102A7C2426CE35501D1"><enum>(1)</enum><text display-inline="yes-display-inline">the funding level by source for all funds
to be executed;</text>
</paragraph><paragraph id="id38FA263308934DFFA808B274CA08D47B"><enum>(2)</enum><text display-inline="yes-display-inline">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;</text>
</paragraph><paragraph id="idB2B763590B784E50A4F86423FB0879DC"><enum>(3)</enum><text display-inline="yes-display-inline">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</text>
</paragraph><paragraph id="id76A61437F0674DC8AFC9B6310C52699A"><enum>(4)</enum><text display-inline="yes-display-inline">a detailed accounting of operation and
maintenance costs.</text>
</paragraph></section><section id="idDA70D0F56B544D57BEF75EE98DEE431D"><enum>569.</enum><text display-inline="yes-display-inline">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))).</text>
<appropriations-small id="id018B8DE4DED84BE5A4D67DD1172BC1EF"><header>(rescissions)</header>
</appropriations-small></section><section id="id1116AE200A8746E995F978569B66AC3B"><enum>570.</enum><text display-inline="yes-display-inline">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:</text>
<paragraph id="id9B56F1DA4726461AB31B49F48F8652DA"><enum>(1)</enum><text display-inline="yes-display-inline">$2,577,000 from Coast Guard
<quote>Acquisition, Construction, and Improvements</quote>;</text>
</paragraph><paragraph id="idC2A163652AF24E17A478DE0C28842A87"><enum>(2)</enum><text display-inline="yes-display-inline">$5,355,296 from U.S. Immigration and
Customs Enforcement <quote>Salaries and Expenses</quote>;</text>
</paragraph><paragraph id="idBE991A10526349BDBC32B5A7535B4D3E"><enum>(3)</enum><text display-inline="yes-display-inline">$99,012 from U.S. Immigration and Customs
Enforcement <quote>Violent Crime Reduction Programs</quote>;</text>
</paragraph><paragraph id="id64BE968D544C478F8E5C8C257C787261"><enum>(4)</enum><text display-inline="yes-display-inline">$3,332,541 from U.S. Customs and Border
Protection <quote>Salaries and Expenses</quote>;</text>
</paragraph><paragraph id="id8649FC7B8A5C4FDC97661D7871FB515B"><enum>(5)</enum><text display-inline="yes-display-inline">$3,121,248 from Department of Homeland
Security <quote>Office for Domestic Preparedness</quote>;</text>
</paragraph><paragraph commented="no" display-inline="no-display-inline" id="id06447FDA8EDC4AA59B75F6D85D2B5A0A"><enum>(6)</enum><text display-inline="yes-display-inline">$678,213 from Federal Emergency Management
Agency <quote>National Predisaster Mitigation Fund</quote>;</text>
</paragraph><paragraph commented="no" display-inline="no-display-inline" id="id18CD2AF3C6D04B5C95BF88FF16B34482"><enum>(7)</enum><text display-inline="yes-display-inline">$5,201,000 from <quote>Working Capital
Fund</quote>;</text>
</paragraph><paragraph commented="no" display-inline="no-display-inline" id="idA1B18F7FAB8C403F8A639E73873FC39C"><enum>(8)</enum><text>$95,998 from
<quote>Counterterrorism Fund</quote>;</text>
</paragraph><paragraph commented="no" display-inline="no-display-inline" id="idE7806F30A0BA4BA9BA7C33307BAA2B1F"><enum>(9)</enum><text display-inline="yes-display-inline">$41,091 from U.S. Customs and Border
Protection <quote>Violent Crime Reduction Fund</quote>; and</text>
</paragraph><paragraph commented="no" display-inline="no-display-inline" id="id17F3A19199294B4BAC0513ACFFA8A906"><enum>(10)</enum><text display-inline="yes-display-inline">$153,095 from U.S. Immigration and Customs
Enforcement <quote>Violent Crime Reduction Trust Fund</quote>.</text>
</paragraph></section><appropriations-small id="id0AD8426140EB45F0BE97D5DEDC48E7E8"><header>(rescissions)</header>
</appropriations-small><section id="idE0633DFE9D414E9FA3D2DCEF106EDBE1"><enum>571.</enum><text display-inline="yes-display-inline">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:</text>
<paragraph id="id6355E7C92C374826A8B78F4B7E481EAD"><enum>(1)</enum><text display-inline="yes-display-inline">$178,783 from <quote>Analysis and
Operations</quote>;</text>
</paragraph><paragraph id="id9E541526B94C41D0BA258A62249508A7"><enum>(2)</enum><text display-inline="yes-display-inline">$1,619,907 from U.S. Customs and Border
Protection <quote>Salaries and Expenses</quote>;</text>
</paragraph><paragraph id="id61147D327E6146509109A26C592B3298"><enum>(3)</enum><text display-inline="yes-display-inline">$296,022 from Transportation Security
Administration <quote>Federal Air Marshals</quote>;</text>
</paragraph><paragraph id="idACA8C8E322F945DB84BB3288A290146D"><enum>(4)</enum><text display-inline="yes-display-inline">$37,800,412 from Coast Guard
<quote>Operating Expenses</quote>;</text>
</paragraph><paragraph id="id5F891194785A4AE9A2445D39D507E026"><enum>(5)</enum><text display-inline="yes-display-inline">$879,153 from Coast Guard
<quote>Acquisition, Construction, and Improvements</quote>;</text>
</paragraph><paragraph id="idD97CA84936624BFB883013B5FA83D909"><enum>(6)</enum><text display-inline="yes-display-inline">$1,104,347 from United States Secret
Service <quote>Salaries and Expenses</quote>;</text>
</paragraph><paragraph id="id8D42706C7DAA4E72B306B82DF96E85D8"><enum>(7)</enum><text display-inline="yes-display-inline">$97,046 from National Protection and
Programs Directorate <quote>Management and Administration</quote>;</text>
</paragraph><paragraph id="id155B6AE34B914C10AF545E996225F32A"><enum>(8)</enum><text display-inline="yes-display-inline">$78,764 from National Protection and
Programs Directorate <quote>Infrastructure Protection and Information
Security</quote>;</text>
</paragraph><paragraph id="id00D24886F3BC4DEBB861F385A79BF064"><enum>(9)</enum><text display-inline="yes-display-inline">$117,133 from Office of Health Affairs
<quote>Salaries and Expenses</quote>;</text>
</paragraph><paragraph id="id18142745C8BC4D5398FDFF6EDE44F1EB"><enum>(10)</enum><text display-inline="yes-display-inline">$1,301,581 from <quote>United States
Citizenship and Immigration Services</quote>;</text>
</paragraph><paragraph id="id99818F8384C44335865D4A215035BD55"><enum>(11)</enum><text display-inline="yes-display-inline">$369,032 from Federal Law Enforcement
Training Center <quote>Salaries and Expenses</quote>;</text>
</paragraph><paragraph id="id46604690B945483FA9AC886C9852E76E"><enum>(12)</enum><text display-inline="yes-display-inline">$279,098 from Science and Technology
<quote>Management and Administration</quote>;</text>
</paragraph><paragraph id="idE816229A126F4B1094F9D3B1C5F46C2E"><enum>(13)</enum><text display-inline="yes-display-inline">$1,072,938 from Domestic Nuclear Detection
Office <quote>Management and Administration</quote>; and</text>
</paragraph><paragraph id="id2F3B4D84194647E08C5BC76445B2FE87"><enum>(14)</enum><text display-inline="yes-display-inline">$216,744 from Federal Emergency Management
Agency <quote>Management and Administration</quote>.</text>
</paragraph></section><appropriations-small id="id2C5C91B9D93E4870881DB8BE5DAED9C8"><header>(rescissions)</header>
</appropriations-small><section id="id2D142AA80E4B41D6869FF2F1DD5AC48D"><enum>572.</enum><text display-inline="yes-display-inline">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:</text>
<paragraph id="id8C28E888E80F4A87936A721931669DB9"><enum>(1)</enum><text display-inline="yes-display-inline">$10,000,000 from U.S. Immigration and
Customs Enforcement <quote>Salaries and Expenses</quote>;</text>
</paragraph><paragraph id="id8A1B152748A44DCC98FDF74B7341C219"><enum>(2)</enum><text display-inline="yes-display-inline">$10,000,000 from U.S. Immigration and
Customs Enforcement <quote>Automation Modernization</quote>;</text>
</paragraph><paragraph id="id58D41BE6EEB346329687AF2E70379F15"><enum>(3)</enum><text display-inline="yes-display-inline">$5,000,000 from U.S. Customs and Border
Protection <quote>Automation Modernization</quote>:
<proviso><italic>Provided</italic></proviso>, That no funds shall be
rescinded from prior year appropriations provided for the TECS modernization
program;</text>
</paragraph><paragraph id="idE92E98719D7E4AAB84DB5E993E4425D7"><enum>(4)</enum><text display-inline="yes-display-inline">$71,300,000 from Transportation Security
Administration <quote>Aviation Security</quote> account 70x0550;</text>
</paragraph><paragraph id="id7F39F04786294748A940AD00ECD22BD7"><enum>(5)</enum><text display-inline="yes-display-inline">$7,000,000 from U.S. Customs and Border
Protection <quote>Border Security Fencing, Infrastructure, and
Technology</quote>;</text>
</paragraph><paragraph id="id57BBF6C58E0A4046BA1F4AF29802CD87"><enum>(6)</enum><text display-inline="yes-display-inline">$2,427,336 from Coast Guard
<quote>Acquisition, Construction, and Improvements</quote>;</text>
</paragraph><paragraph id="idCE44A90F94E24F82BAA543B21231F685"><enum>(7)</enum><text display-inline="yes-display-inline">$5,000,000 from the <quote>Office of the
Chief Information Officer</quote> related to Emerge2; and</text>
</paragraph><paragraph id="id38FEE825800242AAA1748D735972043C"><enum>(8)</enum><text display-inline="yes-display-inline">$27,400,000 from National Protection and
Programs Directorate <quote>United States Visitor and Immigrant Indicator
Technology</quote>.</text>
</paragraph></section><section id="id6DA4BABAAE6A4059B4FE76F1CFA6A599"><enum>573.</enum><text display-inline="yes-display-inline">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 <quote>September 30, 2011</quote> and inserting <quote>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</quote>.</text>
</section><section commented="no" display-inline="no-display-inline" id="HDECAD13BB4A8441CB95D5E3A68922612" section-type="undesignated-section"><text display-inline="yes-display-inline">This Act may be cited as the
<quote><short-title>Department of Homeland Security
Appropriations Act, 2012 </short-title></quote>.<pagebreak></pagebreak></text>
</section>EDEPARTMENT OF THE
INTERIOR, ENVIRONMENT, AND RELATED AGENCIES APPROPRIATIONS ACT, 2012
<enum>I</enum><header>Department of the
Interior</header>
<appropriations-major id="id218CBFF56B504CDE97CF91BA92FA4CD6">
</appropriations-major><appropriations-intermediate id="H3C798E49A7994AE5967EB2BA15A64383"><header>Bureau of land
management</header>
</appropriations-intermediate><appropriations-small commented="no" id="H5DE085AC58BA41AAA35AC560C11FC53D"><header>Management of lands and
resources</header>
</appropriations-small><appropriations-small commented="no" id="H14B319F07340417296133549584606B5"><text display-inline="no-display-inline">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.</text>
</appropriations-small><appropriations-small id="id76017A9CA37343569A49A59FC75614CE"><text display-inline="no-display-inline">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.</text>
</appropriations-small><appropriations-small id="HFBDDDDF09FA940E9AC3134EAA0F58E63"><header>Construction</header><text display-inline="no-display-inline">For construction of buildings, recreation
facilities, roads, trails, and appurtenant facilities, $3,576,000, to remain
available until expended.</text>
</appropriations-small><appropriations-small id="H588C1FF170D043389020AD215C9C24A5"><header>Land
acquisition</header><text display-inline="no-display-inline">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.</text>
</appropriations-small><appropriations-small id="H48EC2BCA45334C0A9A39BE031EE38900"><header>Oregon and
california grant lands</header><text display-inline="no-display-inline">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:
<proviso><italic>Provided</italic></proviso>, 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).</text>
</appropriations-small><appropriations-small id="H9DCFCE362C2C4E9BB25407F7ADFCD7F2"><header>Range
improvements</header><text display-inline="no-display-inline">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:
<proviso><italic>Provided</italic></proviso>, That not to exceed
$600,000 shall be available for administrative
expenses.</text>
</appropriations-small><appropriations-small commented="no" id="H6E3541D5E0494BC9A16A4F31E56367E1"><header>Service charges, deposits, and
forfeitures</header><text display-inline="no-display-inline">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:
<proviso><italic>Provided</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, 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.</text>
</appropriations-small><appropriations-small id="HC99953B4ACF846AB9CF977450614EFFC"><header>Miscellaneous trust
funds</header>
</appropriations-small><appropriations-small commented="no" id="H54DA8B7A23574993A86DAB7BE20AD0B7"><text display-inline="no-display-inline">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.</text>
</appropriations-small><appropriations-small id="HB8767B724D8D46848F36C3B45A98ABFC"><header>Administrative
provisions</header><text display-inline="no-display-inline">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:
<proviso><italic>Provided</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, 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.</text>
</appropriations-small><appropriations-intermediate id="HB6F910E109E24D7080A32A3FE47DD023"><header>United states fish and wildlife
service</header>
</appropriations-intermediate><appropriations-small commented="no" id="H7B66D3FE7B464EFE964DE06292E4EA55"><header>Resource
management</header><text display-inline="no-display-inline">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:
<proviso><italic>Provided,</italic></proviso> 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:
<proviso><italic>Provided further,</italic></proviso> 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:
<proviso><italic>Provided further</italic>,</proviso> 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.</text>
</appropriations-small><appropriations-small id="H171619974773498EBD931E93C07D5264"><header>Construction</header><text display-inline="no-display-inline">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.</text>
</appropriations-small><appropriations-small id="H973448F189304B6AA37DF1D588351D96"><header>Land
acquisition</header><text display-inline="no-display-inline">For expenses
necessary to carry out the <act-name parsable-cite="LWCFA">Land and Water
Conservation Fund Act of 1965</act-name>, 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:
<proviso><italic>Provided</italic></proviso>, 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.</text>
</appropriations-small><appropriations-small id="H47315B2813CD46A68207E3F234EEAF8E"><header>Cooperative endangered species
conservation fund</header>
</appropriations-small><appropriations-small commented="no" id="H3A93DD021D86488C8C50FD63BB608B78"><text display-inline="no-display-inline">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.</text>
</appropriations-small><appropriations-small id="HE7A62CFEA5484FD4980437A463738D2D"><header>National
Wildlife Refuge Fund</header><text display-inline="no-display-inline">For
expenses necessary to implement the Act of October 17, 1978 (16 U.S.C. 715s),
$13,980,000.</text>
</appropriations-small><appropriations-small id="H322EB0262BF546759FEA2C3568DF8EA0"><header>North
american wetlands conservation fund</header><text display-inline="no-display-inline">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.</text>
</appropriations-small><appropriations-small commented="no" id="H16BC6284E54A40B59DDB97CDF2B3E280"><header>Neotropical migratory bird
conservation</header><text display-inline="no-display-inline">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.</text>
</appropriations-small><appropriations-small id="HFD47DC1CDE574A2BA0BC452174F91A33"><header>Multinational species
conservation fund</header><text display-inline="no-display-inline">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.</text>
</appropriations-small><appropriations-small id="HDF7E3145BB8848B292D7A16ABF70AF49"><header>State and
tribal wildlife grants</header><text display-inline="no-display-inline">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:
<proviso><italic>Provided</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, That the
non-Federal share of such projects may not be derived from Federal grant
programs:
<proviso><italic>Provided further</italic></proviso>, 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.</text>
</appropriations-small><appropriations-small id="H4F4DA14B583F4EF58DA00F5983091594"><header>Administrative
provisions</header><text display-inline="no-display-inline">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:
<proviso><italic>Provided</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, That the Service
may accept donated aircraft as replacements for existing
aircraft.</text>
</appropriations-small><appropriations-intermediate id="HB472734080024988B046E6FCAB55C6AD"><header>National park
service</header>
</appropriations-intermediate><appropriations-small commented="no" id="HFB15828404554EB3B29B4F797603DC35"><header>Operation of the national park
system</header><text display-inline="no-display-inline">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.</text>
</appropriations-small><appropriations-small commented="no" id="H942914DC934D43DA90666D5B4EEDC621"><header>National recreation and
preservation</header><text display-inline="no-display-inline">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:
<proviso><italic>Provided</italic>,</proviso> 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 <quote>2011</quote> and inserting
<quote>2013</quote>.</text>
</appropriations-small><appropriations-small id="HD286215234A949799632D6016698561B"><header>Historic
preservation fund</header><text display-inline="no-display-inline">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.</text>
</appropriations-small><appropriations-small commented="no" id="H6D22BF92061340B79FE7795565F9C2AD"><header>Construction</header>
</appropriations-small><appropriations-small commented="no" id="id8E11379372204E92AD454997C2EC2332"><header>(including rescission of
funds)</header><text display-inline="no-display-inline">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:
<proviso><italic>Provided</italic></proviso>, 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
<quote>availability of appropriated funds</quote> found in CFR section
52.232.18 of title 48.</text>
</appropriations-small><appropriations-small commented="no" id="id668CD467FF9140C486077540BF04AD12"><text display-inline="no-display-inline">From funds previously made available under
this heading, $4,000,000 are rescinded.</text>
</appropriations-small><appropriations-small id="H3C7C7D94A6524F44AF9A11169217282C"><header>Land and
water conservation fund</header>
</appropriations-small><appropriations-small id="H878C1F78B74D46C4A3717D3048E2D9B6"><header>(rescission)</header><text display-inline="no-display-inline">The contract authority provided for fiscal
year 2012 by 16 U.S.C. 460l–10a is rescinded.</text>
</appropriations-small><appropriations-small id="HE6ACB48DBA5E49C7BA955AEA2A47D51D"><header>Land
acquisition and state assistance</header>
</appropriations-small><appropriations-small id="H27E73C6F9F7C41BEBB6E39BD20D81C20"><text display-inline="no-display-inline">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).</text>
</appropriations-small><appropriations-small id="HCCD99649C9D24309B6773E6C8EDF993F"><header>Administrative
provisions</header>
</appropriations-small><appropriations-small id="H856390A68D3D4EC1983E9D8BEEE307D7"><header>(including
transfer of funds)</header><text display-inline="no-display-inline">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.</text><text display-inline="no-display-inline">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.</text>
</appropriations-small><appropriations-small id="H79E6D1757511462A87D0624405594DEC"><text display-inline="no-display-inline">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.</text>
</appropriations-small><appropriations-intermediate id="H4AA2066D701440129C5A4EC6949C69EA"><header>United states geological
survey</header>
</appropriations-intermediate><appropriations-small commented="no" id="HF19A1337512A40268E17732FB03104D6"><header>Surveys, investigations, and
research</header><text display-inline="no-display-inline">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:
<proviso><italic>Provided</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, 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.</text>
</appropriations-small><appropriations-small id="HD000852804E04B09A562D34550BA710D"><header>Administrative
provisions</header><text display-inline="no-display-inline">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:
<proviso><italic>Provided</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, 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.</text>
</appropriations-small><appropriations-intermediate id="H5B3F87AFFAE340C99423D75C7DD66109"><header>Bureau of Ocean Energy
Management</header>
</appropriations-intermediate><appropriations-small id="id5419F9D5EC124BF18C4DC36681719A28"><header>Ocean
Energy Management</header>
</appropriations-small><appropriations-small id="idFBF7387C3741495DBE7EDE26C8653901"><text display-inline="no-display-inline">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:
<proviso><italic>Provided</italic>,</proviso> 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:
<proviso><italic>Provided further</italic>,</proviso> 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:
<proviso><italic>Provided further</italic>,</proviso> That for fiscal
year 2012 and each fiscal year thereafter, the term <term>qualified Outer
Continental Shelf revenues</term>, 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:
<proviso><italic>Provided further</italic>,</proviso> That not to
exceed $3,000 shall be available for reasonable expenses related to promoting
volunteer beach and marine cleanup activities.</text>
</appropriations-small><appropriations-intermediate id="id0ADC080F74AA4DB09CE5E1706525273F"><header>Bureau of safety and
environmental enforcement</header>
</appropriations-intermediate><appropriations-small id="idDBA0AC3DDDD44E00BC4929F7875870CA"><header>Offshore
Safety and Environmental Enforcement</header><text display-inline="no-display-inline">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:
<proviso><italic>Provided</italic>,</proviso> 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:
<proviso><italic>Provided further</italic>,</proviso> 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:
<proviso><italic>Provided further</italic>,</proviso> That for fiscal
year 2012 and each fiscal year thereafter, the term <term>qualified Outer
Continental Shelf revenues</term>, 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.</text>
</appropriations-small><appropriations-intermediate id="id806D8EA861024A5DB3234BBB7507F0E2"><text display-inline="no-display-inline">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:
<proviso><italic>Provided</italic>,</proviso> 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:
<proviso><italic>Provided further</italic>,</proviso> 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:
<proviso><italic>Provided further</italic>,</proviso> 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.</text>
</appropriations-intermediate><appropriations-small id="H77FC5A10864B49F2A65212E87CBF210A"><header>Oil spill
research</header><text display-inline="no-display-inline">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.</text>
</appropriations-small><appropriations-intermediate id="H0FB79FEC647F4472862A41422642B357"><header>Office of surface mining
reclamation and enforcement</header>
</appropriations-intermediate><appropriations-small commented="no" id="H8BF879D679A24550A621B739A49036C6"><header>Regulation and
technology</header><text display-inline="no-display-inline">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:
<proviso><italic>Provided</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, 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.</text>
</appropriations-small><appropriations-small id="H6ED818461813449B8EA876D6716AA83D"><header>Abandoned
mine reclamation fund</header>
</appropriations-small><appropriations-small id="HC01E4006C5174332923B98410B9CCC41"><text display-inline="no-display-inline">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:
<proviso><italic>Provided,</italic></proviso> 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:
<proviso><italic>Provided further,</italic></proviso> 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:
<proviso><italic>Provided further</italic></proviso>, That such
projects must be consistent with the purposes and priorities of the Surface
Mining Control and Reclamation Act:
<proviso><italic>Provided further,</italic></proviso> 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.</text>
</appropriations-small><appropriations-small id="HC8967F0424134257948E1DFFC4C8C91A"><header>Administrative
provision</header><text display-inline="no-display-inline">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.</text>
</appropriations-small><appropriations-intermediate id="H0984C3C677AE4EFF819B57CCB672324D"><header>Bureau of indian affairs and
bureau of indian education</header>
</appropriations-intermediate><appropriations-small id="H800FA438D106428C84787F57E66B5BAB"><header>Operation
of indian programs</header>
</appropriations-small><appropriations-small id="HA5B4E02C53A24BDBB938DECEEE536D51"><header>(including
transfer of funds)</header><text display-inline="no-display-inline">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:
<proviso><italic>Provided</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, That any such
unobligated balances not so transferred shall expire on September 30, 2014:
<proviso><italic>Provided further</italic></proviso>, 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.</text>
</appropriations-small><appropriations-small id="H2F2350DCE9EA47A69449C1CDA23E9F48"><header>Construction</header>
</appropriations-small><appropriations-small id="H22BC848EAA9349E4A6A39A5E9FE8A5F0"><header>(including
transfer of funds)</header><text display-inline="no-display-inline">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:
<proviso><italic>Provided,</italic></proviso> That such amounts as may
be available for the construction of the Navajo Indian Irrigation Project may
be transferred to the Bureau of Reclamation:
<proviso><italic>Provided further,</italic></proviso> 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:
<proviso><italic>Provided further,</italic></proviso> 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:
<proviso><italic>Provided further,</italic></proviso> 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:
<proviso><italic>Provided further,</italic></proviso> 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:
<proviso><italic>Provided further,</italic></proviso> 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:
<proviso><italic>Provided further,</italic></proviso> That if the
Secretary declines a grant application, the Secretary shall follow the
requirements contained in 25 U.S.C. 2504(f):
<proviso><italic>Provided further,</italic></proviso> 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):
<proviso><italic>Provided further,</italic></proviso> 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:
<proviso><italic>Provided further,</italic></proviso> 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.</text>
</appropriations-small><appropriations-small id="HE71E7D943D024150AAB3B4CA6173E77A"><header>Indian
land and water claim settlements and miscellaneous payments to
indians</header><text display-inline="no-display-inline">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.</text>
</appropriations-small><appropriations-small id="H35AC3EA1D65D4842B7032B267EC7F45E"><header>Indian
guaranteed loan program account</header><text display-inline="no-display-inline">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:
<proviso><italic>Provided</italic></proviso>, That such costs,
including the cost of modifying such loans, shall be as defined in section 502
of the Congressional Budget Act of 1974:
<proviso><italic>Provided further</italic></proviso>, 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.</text>
</appropriations-small><appropriations-small id="H1EEE6445F4DD47A7B78262140ED7CC65"><header>Administrative
provisions</header><text display-inline="no-display-inline">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.</text>
</appropriations-small><appropriations-small id="id064552D511D94DC5AB6D318A93B323D9"><text display-inline="no-display-inline">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.</text>
</appropriations-small><appropriations-small id="id338046D7BC294656A5DD7030E3DFE1FC"><text display-inline="no-display-inline">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.</text>
</appropriations-small><appropriations-small id="id37E46D0CA145417F94859AD3B24A4E39"><text display-inline="no-display-inline">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).</text>
</appropriations-small><appropriations-small id="id961DEE1BC7324F9A93A2C92D9AC7177A"><text display-inline="no-display-inline">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.</text>
</appropriations-small><appropriations-small id="idC064153360254E5DADAA0F80B350114E"><text display-inline="no-display-inline">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.</text>
</appropriations-small><appropriations-small id="idBBFEFFB7307E440D98FF8CEE8FC4CF47"><text display-inline="no-display-inline">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.</text>
</appropriations-small><appropriations-small id="idF6B7BF0D229E4225BAB48339D79490B3"><text display-inline="no-display-inline">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.</text>
</appropriations-small><appropriations-intermediate id="H90B9194F7AAB491192B27109C734E9D0"><header>Departmental
offices</header>
</appropriations-intermediate><appropriations-intermediate id="H694E2C7816614D4B87B1AA9F353EAFE8"><header>Office of the
Secretary</header>
</appropriations-intermediate><appropriations-small commented="no" id="id3169786D6D354A39A403AB1C27F1587C"><header>departmental
operations</header><text display-inline="no-display-inline">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:
<proviso><italic>Provided</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, 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.</text>
</appropriations-small><appropriations-intermediate id="H6E6F0F4D16014E47AC490FB206CA1273"><header>Insular
affairs</header>
</appropriations-intermediate><appropriations-small id="HB59DC38F4FCE4B2DBC5C11689536C6E4"><header>Assistance
to territories</header>
</appropriations-small><appropriations-small commented="no" id="H7D13BA7D3BB74C7F89D96A07D905A228"><text display-inline="no-display-inline">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:
<proviso><italic>Provided</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, 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).</text>
</appropriations-small><appropriations-small id="HDE2905C42DC24176AF6F21A5873EA7E4"><header>Compact of
free association</header><text display-inline="no-display-inline">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.</text>
</appropriations-small><appropriations-intermediate id="HD100ACB9E15D4E1291C67AA2C5FBEA7C"><header>Administrative
provisions</header>
</appropriations-intermediate><appropriations-small commented="no" id="HCA390F52873446FBB9A2BE0F64922109"><header>(including transfer of
funds)</header><text display-inline="no-display-inline">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:
<proviso><italic>Provided</italic></proviso>, That such costs,
including the cost of modifying such loans, shall be as defined in section 502
of the Congressional Budget Act of 1974:
<proviso><italic>Provided further</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, 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.</text>
</appropriations-small><appropriations-intermediate id="HE0F4D135C7D242E49056CE6C3EF787C3"><header>Office of the
solicitor</header>
</appropriations-intermediate><appropriations-small id="HCB89257D94B74118AF4D4AAC14DCAF9B"><header>Salaries
and expenses</header><text display-inline="no-display-inline">For necessary
expenses of the Office of the Solicitor,
$66,296,000.</text>
</appropriations-small><appropriations-intermediate id="HA587043DE3914331BF045EB8064EE8AF"><header>Office of inspector
general</header>
</appropriations-intermediate><appropriations-small id="H9FEB93047CD94D92ADED525E4D6EDC79"><header>Salaries
and expenses</header><text display-inline="no-display-inline">For necessary
expenses of the Office of Inspector General,
$49,471,000.</text>
</appropriations-small><appropriations-intermediate id="H528045CC6AC94E94AC01ACA5A4A9927D"><header>Office of the special trustee
for american indians</header>
</appropriations-intermediate><appropriations-small id="H91B9DC5240694F3A8DEB52BDD664D333"><header>Federal
trust programs</header>
</appropriations-small><appropriations-small commented="no" id="H0551A446899143B6AD710F10BC7779B3"><header>(including transfer of
funds)</header><text display-inline="no-display-inline">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:
<proviso><italic>Provided</italic></proviso>, That funds for trust
management improvements and litigation support may, as needed, be transferred
to or merged with the Bureau of Indian Affairs, <quote>Operation of Indian
Programs</quote> account; the Office of the Solicitor, <quote>Salaries and
Expenses</quote> account; and the Office of the Secretary, <quote>Salaries and
Expenses</quote> account:
<proviso><italic>Provided further</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, That erroneous
payments that are recovered shall be credited to and remain available in this
account for this purpose.</text>
</appropriations-small><appropriations-intermediate id="H9C658F9DBD3D47D684173817D8677D5A"><header>Department-wide
programs</header>
</appropriations-intermediate><appropriations-small id="HCF5267FEF57F495498ED17A1AECFC373"><header>Wildland
fire management</header>
</appropriations-small><appropriations-small id="idB11EF9A9363844789C39B3D6AF71738F"><header>(including transfers and
rescission of funds)</header>
</appropriations-small><appropriations-small id="H118A4EF9E12246B2933FD086F0550806"><text display-inline="no-display-inline">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:
<proviso><italic>Provided</italic></proviso>, That such funds are also
available for repayment of advances to other appropriation accounts from which
funds were previously transferred for such purposes:
<proviso><italic>Provided further</italic></proviso>, That persons
hired pursuant to 43 U.S.C. 1469 may be furnished subsistence and lodging
without cost from funds available from this appropriation:
<proviso><italic>Provided further</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, 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 <act-name parsable-cite="ESA">Endangered Species Act of 1973</act-name> (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:
<proviso><italic>Provided further</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, 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:
<proviso><italic>Provided further,</italic></proviso> That funds
provided for wildfire suppression shall be available for support of Federal
emergency response actions:
<proviso><italic>Provided further</italic>,</proviso> 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:
<proviso><italic>Provided further</italic>,</proviso> 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:
<proviso><italic>Provided further</italic>,</proviso> That of the funds
made available under this heading for wildland fire suppression in fiscal year
2011, $82,000,000 are rescinded.</text>
</appropriations-small><appropriations-small id="H23AE3760EA46442BBE0B0522B79C923F"><header>Flame
wildfire suppression reserve fund</header>
</appropriations-small><appropriations-small id="H83716AE55FC546AC80F6FB996484A6AE"><header>(including
transfer of funds)</header><text display-inline="no-display-inline">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:
<proviso><italic>Provided</italic>,</proviso> That such amounts are
available only for transfer to the <quote>Wildland Fire Management</quote>
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 <quote>Wildland Fire Management</quote> account will
be exhausted within 30 days.</text>
</appropriations-small><appropriations-small id="HE09038945A474B71A5AD478E1580ABC1"><header>Central
hazardous materials fund</header><text display-inline="no-display-inline">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.</text>
</appropriations-small><appropriations-small id="H2EC7C5FAEF4749419296889D70F2DBBB"><header>Natural
resource damage assessment and restoration</header>
</appropriations-small><appropriations-small id="H298B9766F7FF400BA989F942A471FBCC"><header>Natural
resource damage assessment fund</header><text display-inline="no-display-inline">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.</text>
</appropriations-small><appropriations-small id="HA67910681BFE4F47B0C308CCD5C498AF"><header>Working
capital fund</header><text display-inline="no-display-inline">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:
<proviso><italic>Provided</italic></proviso>, 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.):
<proviso><italic>Provided further</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, 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.</text>
</appropriations-small><appropriations-small id="H31A045BB9F9E4394985475214F6FB440"><header>Administrative
provision</header><text display-inline="no-display-inline">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:
<proviso><italic>Provided</italic></proviso>, 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.</text>
</appropriations-small><appropriations-intermediate id="H0A431B86BD064FE69BE5E4F02C7DD397"><header>General provisions, department
of the interior</header>
</appropriations-intermediate><appropriations-small id="H96F9F806C3004576A722837D28BD7D7B"><header>(including
transfers of funds)</header>
</appropriations-small><appropriations-small id="H7238C3014BBD4817931AF864CED9336D"><header>Emergency
transfer authority—intra-bureau</header>
</appropriations-small><section id="ID3D2A8336DE924E9698E7AD55A07345DA"><enum>101.</enum><text display-inline="yes-display-inline">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:
<proviso><italic>Provided</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, That all funds
used pursuant to this section must be replenished by a supplemental
appropriation which must be requested as promptly as possible.</text>
<appropriations-small id="H313B39B28040443EA470C82309985369"><header>Emergency transfer
authority—department-wide</header>
</appropriations-small></section><section id="ID09833B0F5BC44017AF1E45F8A3A16FCF"><enum>102.</enum><text display-inline="yes-display-inline">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:
<proviso><italic>Provided</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, That for
wildland fire operations, no funds shall be made available under this authority
until the Secretary determines that funds appropriated for <quote>wildland fire
operations</quote> and <quote>FLAME Wildfire Suppression Reserve Fund</quote>
shall be exhausted within 30 days:
<proviso><italic>Provided further</italic></proviso>, That all funds
used pursuant to this section must be replenished by a supplemental
appropriation which must be requested as promptly as possible:
<proviso><italic>Provided further</italic></proviso>, That such
replenishment funds shall be used to reimburse, on a pro rata basis, accounts
from which emergency funds were transferred.</text>
<appropriations-small id="HC34D45D1394743FD9222F031563E3177"><header>Authorized use of
funds</header>
</appropriations-small></section><section commented="no" display-inline="no-display-inline" id="ID873E31024453420CAE404E8149B703A5" section-type="subsequent-section"><enum>103.</enum><text display-inline="yes-display-inline">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.</text>
<appropriations-small id="H763E240F22AC4B29B66A52D4FD20A119"><header>authorized use of funds, indian
trust management</header>
</appropriations-small></section><section id="H55B8F3A64129468FB44092B0DC1A5D0C"><enum>104.</enum><text display-inline="yes-display-inline">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.</text>
<appropriations-small id="H4DFAA34CCAAF4FBCA5BC003B907D9E5B"><header>redistribution of funds, bureau
of indian affairs</header>
</appropriations-small></section><section commented="no" display-inline="no-display-inline" id="H44C10B590C084111A3D36BF162AA67C1" section-type="subsequent-section"><enum>105.</enum><text display-inline="yes-display-inline">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.</text>
<appropriations-small id="H5DC3E9E698CC410FB3AF965D52241607"><header>Payment of
fees</header>
</appropriations-small></section><section id="H6D480C2A91B842BEBE46DC04DA8460F8"><enum>106.</enum><text display-inline="yes-display-inline">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 <added-phrase reported-display-style="italic">Cobell</added-phrase> v.
<added-phrase reported-display-style="italic">Salazar</added-phrase> 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 <added-phrase reported-display-style="italic">Cobell</added-phrase>
v. <added-phrase reported-display-style="italic">Salazar</added-phrase>.</text>
<appropriations-small id="H1CD5E862EF5541169AFACD1B5D54FBF7"><header>Everglades Ecosystem
Restoration</header>
</appropriations-small></section><section commented="no" display-inline="no-display-inline" id="H9AD1D9CEA5F54DEF97376656F9142625" section-type="subsequent-section"><enum>107.</enum><text display-inline="yes-display-inline">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.</text>
<appropriations-small id="H727E526EB16F4AAAB16A3CAE1F31E1F8"><header>ellis, governors, and liberty
islands</header>
</appropriations-small></section><section id="H5ABE041EAC9E482DAA23DB8EE61CD1DF"><enum>108.</enum><text display-inline="yes-display-inline">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.</text>
<appropriations-small commented="no" id="H26387C16891E4573AAF6F87FBA4E254B"><header>Outer Continental Shelf
Inspection Fees</header>
</appropriations-small></section><section commented="no" id="H82B571B5CB054D75AB7ECEB91AEA8571"><enum>109.</enum><subsection commented="no" display-inline="yes-display-inline" id="H1ED0B8A7B7994E47BC805958D18CD45C"><enum>(a)</enum><text display-inline="yes-display-inline">In fiscal year 2012, the Secretary shall
collect a nonrefundable inspection fee, which shall be deposited in the
<quote>Ocean Energy Management</quote> account, from the designated operator
for facilities subject to inspection under 43 U.S.C. 1348(c).</text>
</subsection><subsection commented="no" id="id806EDDBD36374E8CB746583FF37A8575"><enum>(b)</enum><text display-inline="yes-display-inline">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:</text>
<paragraph commented="no" id="id93B22321DD594F6B9F20663798406E14"><enum>(1)</enum><text display-inline="yes-display-inline">$10,500 for facilities with no wells, but
with processing equipment or gathering lines;</text>
</paragraph><paragraph commented="no" id="id10EA3D1B10D049B8BD26568DB9F5FCBA"><enum>(2)</enum><text display-inline="yes-display-inline">$17,000 for facilities with 1 to 10 wells,
with any combination of active or inactive wells; and</text>
</paragraph><paragraph commented="no" id="idEC102964518640F88333329506A7549B"><enum>(3)</enum><text display-inline="yes-display-inline">$31,500 for facilities with more than 10
wells, with any combination of active or inactive wells.</text>
</paragraph></subsection><subsection commented="no" id="id47C225F3F0E44A479E84FE519EF0DE12"><enum>(c)</enum><text display-inline="yes-display-inline">Fees for drilling rigs shall be assessed
for all inspections completed in fiscal year 2012. Fees for fiscal year 2012
shall be:</text>
<paragraph commented="no" id="id77B3DA2042D64FD7BC5CE0E527ABC16B"><enum>(1)</enum><text display-inline="yes-display-inline">$30,500 per inspection for rigs operating
in water depths of 500 feet or more; and</text>
</paragraph><paragraph commented="no" id="id01183E272A5F4C44B9D5FB3457AA17C1"><enum>(2)</enum><text display-inline="yes-display-inline">$16,700 per inspection for rigs operating
in water depths of less than 500 feet.</text>
</paragraph></subsection><subsection commented="no" id="id9C617B8A276E46D0A2BA07C0E28122D7"><enum>(d)</enum><text display-inline="yes-display-inline">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.</text>
</subsection></section><appropriations-small id="idDE4287A57B82431DBA41F2FA12910D23"><header>OIL AND
GAS LEASING INTERNET PROGRAM</header>
</appropriations-small><section commented="no" display-inline="no-display-inline" id="idBE673949F72343DD803779A83A90F638" section-type="subsequent-section"><enum>110.</enum><text display-inline="yes-display-inline">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.</text>
<appropriations-small id="idF5976BCD53C94741AE228B08438F4A26"><header>INDIAN PROBATE
JUDGES</header>
</appropriations-small></section><section commented="no" display-inline="no-display-inline" id="id759C4CC8886F4E0BAB6EBC52EDEB1046" section-type="subsequent-section"><enum>111.</enum><text display-inline="yes-display-inline">Section 108 of Public Law 109–54 (the
Department of the Interior, Environment, and Related Agencies Appropriations
Act, 2006) is amended by striking <quote>in fiscal years 2006 through 2010, for
the purpose of reducing the backlog of</quote> and inserting <quote>for fiscal
year 2006 and each fiscal year thereafter, for the purpose of
adjudicating</quote>.</text>
<appropriations-small id="H9B59E4B7AE5341EBAC9FFD4636751170"><header>Bureau of ocean energy
management, regulation and enforcement
reorganization</header>
</appropriations-small></section><section id="H3842983BDE8C47929F05D3AD78EE7C3D"><enum>112.</enum><text display-inline="yes-display-inline">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.</text>
<appropriations-small id="HD9F808FBA4AB4E6BBAFDF63CEBF54A4A"><header>Authorized use of Indian
education funds</header>
</appropriations-small></section><section commented="no" display-inline="no-display-inline" id="H567A425FA6784ED88E54BDFFD5E3631F" section-type="subsequent-section"><enum>113.</enum><text display-inline="yes-display-inline">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.</text>
<appropriations-small id="idF6EBC9F1C3804905961D61605C27CEB3"><header>CONTRACTS AND AGREEMENTS FOR
WILD HORSE AND BURRO HOLDING FACILITIES</header>
</appropriations-small></section><section id="id5FA9C9F93AAE42CA949437932601E2BE"><enum>114.</enum><subsection commented="no" display-inline="yes-display-inline" id="id5BCE827068EB4DF3B1CFB5BBD047A636"><enum>(a)</enum><text display-inline="yes-display-inline">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.</text>
</subsection><subsection commented="no" display-inline="no-display-inline" id="idAFA343598D364D1FACA821DEA27B47A2"><enum>(b)</enum><text display-inline="yes-display-inline">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.</text>
</subsection></section><appropriations-small id="id750C36507D584D55BCA26C330E89DF80"><header>BUREAU OF
INDIAN EDUCATION OPERATED SCHOOLS</header>
</appropriations-small><section commented="no" display-inline="no-display-inline" id="id0C5BCF2E67D84636A5C7F1D4F70DEF42"><enum>115.</enum><subsection commented="no" display-inline="yes-display-inline" id="id00325B533DD34667B9E4FD14E1F1853D"><enum>(a)</enum><paragraph commented="no" display-inline="yes-display-inline" id="idFAE5D2FDA6A548D4A47DAB5D9BEB6F35"><enum>(1)</enum><text display-inline="yes-display-inline">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.</text>
</paragraph><paragraph commented="no" display-inline="no-display-inline" id="id9ABE374BBE6246CEAAAE91E82C35ED26" indent="up1"><enum>(2)</enum><text display-inline="yes-display-inline">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.</text>
</paragraph><paragraph commented="no" display-inline="no-display-inline" id="id7FA08CACE5DA41B9B6D4B3B08680B95A" indent="up1"><enum>(3)</enum><text display-inline="yes-display-inline">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.</text>
</paragraph></subsection><subsection commented="no" display-inline="no-display-inline" id="id9453D09079484F3F834A4F7FCDA8D1B8"><enum>(b)</enum><text display-inline="yes-display-inline">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.</text>
</subsection><subsection commented="no" display-inline="no-display-inline" id="id191A61A04A1243F8918AEEB3B1BFD78D"><enum>(c)</enum><text display-inline="yes-display-inline">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—</text>
<paragraph commented="no" display-inline="no-display-inline" id="id8F9840A5FDC642D2A0F593A90C396114"><enum>(1)</enum><text display-inline="yes-display-inline">standards for the appropriate use of
Bureau-operated school lands and facilities by third parties under a rental or
lease agreement;</text>
</paragraph><paragraph commented="no" display-inline="no-display-inline" id="id4E4ECFF0C28D4F378BE8A053AFF698A9"><enum>(2)</enum><text display-inline="yes-display-inline">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);</text>
</paragraph><paragraph commented="no" display-inline="no-display-inline" id="idD7FFA9741A304B6C9416EA04B587C150"><enum>(3)</enum><text display-inline="yes-display-inline">accountability standards to ensure ethical
conduct; and</text>
</paragraph><paragraph commented="no" display-inline="no-display-inline" id="idDBD9950704E94D53B96612A7CFD0DBD4"><enum>(4)</enum><text display-inline="yes-display-inline">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.</text>
</paragraph></subsection><subsection commented="no" display-inline="no-display-inline" id="idC5FD37870C114989BD0965B2F275FF2E"><enum>(d)</enum><text display-inline="yes-display-inline">Provisions of this section shall apply to
fiscal years 2012 through 2014.</text>
</subsection></section><appropriations-small id="H661736F09CD742B585C04B3986859F54"><header>authorized use of
funds</header>
</appropriations-small><section commented="no" display-inline="no-display-inline" id="H850FED07643847D48D2117395DF7770C" section-type="subsequent-section"><enum>116.</enum><text display-inline="yes-display-inline">Section 3006 of Public Law 111–212 is
amended by striking <quote>For fiscal years 2010 and 2011</quote> and inserting
<quote>For fiscal years 2010 through 2012</quote>.</text>
<appropriations-small id="H303082B3EB1C4751B12B0DEBCA416EE7"><header>Mass Marking of
Salmonids</header>
</appropriations-small></section><section commented="no" display-inline="no-display-inline" id="H1DD0A1C6B4AB4FD8A4CE2F0A2745A248" section-type="subsequent-section"><enum>117.</enum><text display-inline="yes-display-inline">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.</text>
<appropriations-small id="id2D3858933F364733A2A269DEB33A9DAD"><header>prohibition on use of
funds</header>
</appropriations-small></section><section commented="no" id="IDFBDF01546B8240BBB5432B50F6833F84"><enum>118.</enum><subsection commented="no" display-inline="yes-display-inline" id="id48051EFA0C534936B3C40F09E25E7022"><enum>(a)</enum><text display-inline="yes-display-inline">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.</text>
</subsection><subsection commented="no" display-inline="no-display-inline" id="id3183DA4E16534E37A5DA5405EAFD49F7"><enum>(b)</enum><text display-inline="yes-display-inline">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.</text>
</subsection></section><appropriations-small id="HB1C32EEBE6A941C794270F43880F1607"><header>Yukon-Charley National
Preserve</header>
</appropriations-small><section commented="no" display-inline="no-display-inline" id="HAEBACB29453847D1A9C79C17CA840C72" section-type="subsequent-section"><enum>119.</enum><text display-inline="yes-display-inline">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.</text>
<appropriations-small id="id524CFAC126CD40FC81ECEC563A2608D5"><header>Republic of
Palau</header>
</appropriations-small></section><section commented="no" id="id9DB210BF2AD542DEBCC10678159125D9"><enum>120.</enum><subsection commented="no" display-inline="yes-display-inline" id="idFCC842A7191E430CBE9DF779D40B6301"><enum>(a)</enum><header>In
General</header><text>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
<quote>Compact</quote>).</text>
</subsection><subsection commented="no" id="id67E6D4D495554AA383D46AA26D7965AE"><enum>(b)</enum><header>Programmatic
Assistance</header><text display-inline="yes-display-inline">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.</text>
</subsection><subsection commented="no" id="id2C55C4928B694E6A813D6D55696AB206"><enum>(c)</enum><header>Limitations on
Assistance</header>
<paragraph commented="no" id="id375DC5AFE7384A47AC65B5AAA806EA34"><enum>(1)</enum><header>In
general</header><text display-inline="yes-display-inline">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.</text>
</paragraph><paragraph commented="no" display-inline="no-display-inline" id="id859EA7CC4BAD467ABD5BCC6D5C9F5389"><enum>(2)</enum><header>Trust
fund</header><text display-inline="yes-display-inline">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.</text>
</paragraph></subsection></section><appropriations-small id="HC5964C23DD724AB3A1731F906E05CD2A"><header> Hiring
Authorities</header>
</appropriations-small><section id="HC8808304347C" section-type="subsequent-section"><enum>121.</enum><subsection commented="no" display-inline="yes-display-inline" id="HA159FA71002044A59F8C8C2FE3132DCE"><enum>(a)</enum><header>Direct hire
authority</header>
<paragraph id="id141BC77A7A7F49B6B4039E450833EDEE"><enum>(1)</enum><text display-inline="yes-display-inline">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.</text>
</paragraph><paragraph id="H1C7F592B5CB847C68B0EC072E1B06254"><enum>(2)</enum><text display-inline="yes-display-inline">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—</text>
<subparagraph id="H47727A67C0C244E8AA1278780BD27542"><enum>(A)</enum><text>completed a
rigorous undergraduate or graduate summer internship with a land managing
agency, such as the National Park Service Business Plan Internship;</text>
</subparagraph><subparagraph id="H20C511F352454C3EB0358D1111DE112E"><enum>(B)</enum><text>successfully
fulfilled the requirements of the internship program; and</text>
</subparagraph><subparagraph id="H6F45C69DA9964206BE76FBEA7B7AE70E"><enum>(C)</enum><text display-inline="yes-display-inline">subsequently earned an undergraduate or
graduate degree from an accredited institution of higher education.</text>
</subparagraph></paragraph><paragraph id="H75A54CF28E674B19990BD5EF00DA2C1C"><enum>(3)</enum><text display-inline="yes-display-inline">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.</text>
</paragraph></subsection><subsection id="idDDC63193DA554EA19EDB0607ED045604"><enum>(b)</enum><header>Local hire
authority</header><text>Section 1308 of the Alaska National Interest Lands
Conservation Act of 1980 (16 U.S.C. 3198) is amended—</text>
<paragraph id="HD2E18FCD536B413092D86983292F7E0A"><enum>(1)</enum><text>in subsection (a),
by striking <quote>establish a program</quote> and inserting <quote>establish
an excepted service appointment authority,</quote>;</text>
</paragraph><paragraph id="H115B2B58F2184FCDB444BFA7813BBA35"><enum>(2)</enum><text>in subsection (b),
by striking <quote>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</quote> and inserting <quote>excepted
service as defined in section 2103 of such title</quote>;</text>
</paragraph><paragraph id="HED2A58C971A34B40A823C93D121FDF05"><enum>(3)</enum><text>in subsection (e),
by redesignating paragraph (2) as paragraph (3) and inserting after paragraph
(1) the following new paragraph (2):</text>
<quoted-block display-inline="no-display-inline" id="H6D1ED4F2675C46ABA7EBC413D9ADB487" style="OLC">
<paragraph id="HD2AFBAD4485540D9AC045B281ECDBDF1"><enum>(2)</enum><header>Conversion to
competitive service</header><text display-inline="yes-display-inline">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.</text>
</paragraph><after-quoted-block>.</after-quoted-block></quoted-block>
</paragraph></subsection><subsection commented="no" display-inline="no-display-inline" id="HC942F2A9805A4923B2BFA9AB3626E420"><enum>(c)</enum><header>Gulf of Mexico
Region</header><text display-inline="yes-display-inline">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.</text>
</subsection></section><appropriations-small id="id0B19358529AD4F7C8F67891B716CB438"><header>Bureau of
Land Management Actions Regarding Grazing on Public
Lands</header>
</appropriations-small><section commented="no" id="id3B846C3E65174C68BF09E3ACD9D155C9" section-type="subsequent-section"><enum>122.</enum><subsection commented="no" display-inline="yes-display-inline" id="HFC0791AF14BF434BB2767DC5C47F0B6F"><enum>(a)</enum><header>Exhaustion of
administrative review required</header>
<paragraph commented="no" id="id92C92DAD4FDF4B5690AEE79334DB6CFD"><enum>(1)</enum><text display-inline="yes-display-inline">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.</text>
</paragraph><paragraph commented="no" id="HB49C2D1998234F80AF1C8D73D6A406F6"><enum>(2)</enum><text>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.</text>
</paragraph><paragraph commented="no" id="H3448CDCAA9D446418B383C5FD5934080"><enum>(3)</enum><text>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 <quote>timely</quote> means within 120 calendar days
after the date that the challenge to the agency action or amendment at issue is
received for administrative review.</text>
</paragraph></subsection><subsection id="id508DAE386C5A49C48F139929C0776F92"><enum>(b)</enum><header>Acceptance of
donation of certain existing permits or leases</header>
<paragraph id="idF3CFA34C74D64C69ADBA07CC19842298"><enum>(1)</enum><text display-inline="yes-display-inline">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.).</text>
</paragraph><paragraph commented="no" display-inline="no-display-inline" id="H1B2C6F6F928E4B70AEE71FFE8E0C04DC"><enum>(2)</enum><text display-inline="yes-display-inline">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.</text>
</paragraph></subsection></section><appropriations-small id="H162C0C1E97B64D76821D887BD8F714E6"><header>trailing livestock over public
land</header>
</appropriations-small><section commented="no" display-inline="no-display-inline" id="H84B87D48A77A47B991F854367F026314" section-type="subsequent-section"><enum>123.</enum><text display-inline="yes-display-inline">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.</text>
<appropriations-small id="H05280F15796D4F3AA82224C3127B8A25"><header> Lease
authorization</header>
</appropriations-small></section><section id="HD8031CC0FA184AEDAF9FA1F053CEB049"><enum>124.</enum><subsection commented="no" display-inline="yes-display-inline" id="HA73D93AF3B434BA2AF1C850F8B379800"><enum>(a)</enum><header>In
general</header><text display-inline="yes-display-inline">The Secretary of the
Interior (referred to in this section as the <quote>Secretary</quote>) 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 <quote>Monument</quote>)
at the location on Cockspur Island that has been used continuously by the
Savannah Bar Pilots Association since 1940.</text>
</subsection><subsection id="H14C05055166C49B19DEB1729C9BE1F26"><enum>(b)</enum><header>Rental fee and
proceeds</header>
<paragraph id="H7F1C2EA5DCD24670AFF9D0F1C41DA5E6"><enum>(1)</enum><header>Rental
fee</header><text display-inline="yes-display-inline">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.</text>
</paragraph><paragraph id="H53364F0EA6E64849A3D434969F611C90"><enum>(2)</enum><header>Proceeds</header><text>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 (<external-xref legal-doc="usc" parsable-cite="usc/16/1a">16 U.S.C.
1a–2(k)(5)</external-xref>).</text>
</paragraph></subsection><subsection id="H4493BE17693A41239A2B6821688800A0"><enum>(c)</enum><header>Terms and
conditions</header><text>A lease entered into under this section—</text>
<paragraph id="HD21DA216E94E49F4BC766EDC00583B9F"><enum>(1)</enum><text>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</text>
</paragraph><paragraph id="H19E94F500EA245D4BD7A7615BC6E02C3"><enum>(2)</enum><text>shall include any
terms and conditions the Secretary determines to be necessary to protect the
resources of the Monument and the public interest.</text>
</paragraph></subsection><subsection commented="no" display-inline="no-display-inline" id="H28EEADA51C9B4BB2B23BA9321565EA3F"><enum>(d)</enum><header>Exemption from
applicable law</header><text>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 (<external-xref legal-doc="usc" parsable-cite="usc/16/1a">16 U.S.C.
1a–2(k)</external-xref>) or section 321 of Act of June 30, 1932 (<external-xref legal-doc="usc" parsable-cite="usc/40/1302">40 U.S.C.
1302</external-xref>).</text>
</subsection></section><appropriations-small id="H7A720AA7A3384FEB836A612B312D9005"><header> Wild lands funding
prohibition</header>
</appropriations-small><section commented="no" display-inline="no-display-inline" id="HC11407E9D611410FB1CBE8C5253C6FF2" section-type="subsequent-section"><enum>125.</enum><text display-inline="yes-display-inline">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:
<proviso><italic>Provided</italic>,</proviso> 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).<pagebreak></pagebreak></text>
</section><enum>II</enum><header>Environmental
Protection Agency</header>
<appropriations-major id="HE8B2EA17982949CF8DBBA0B214302A30">
</appropriations-major><appropriations-intermediate id="H3E5189538D9B4C27AAE68B7684D0D014"><header>Science and
technology</header><text display-inline="no-display-inline">For science and
technology, including research and development activities, which shall include
research and development activities under the <act-name parsable-cite="CERCL">Comprehensive Environmental Response, Compensation, and
Liability Act of 1980</act-name>, 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.</text>
</appropriations-intermediate><appropriations-intermediate id="H337AE99A569B421C8E699551E093DC1C"><header>Environmental programs and
management</header><text display-inline="no-display-inline">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:
<proviso><italic>Provided</italic></proviso>, That of the funds
included under this heading, not less than $410,375,000 shall be for Geographic
Programs specified in the explanatory statement described in section 4 (in the
matter preceding division A of this consolidated
Act).</text>
</appropriations-intermediate><appropriations-intermediate id="HF5338A746AC4454B8401DB6C06388920"><header>Office of inspector
general</header><text display-inline="no-display-inline">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.</text>
</appropriations-intermediate><appropriations-intermediate id="H246192EA3F80464AA64932402911ECCB"><header>Buildings and
facilities</header><text display-inline="no-display-inline">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.</text>
</appropriations-intermediate><appropriations-intermediate id="HE96B94E97B3D4A718D1DC3A7921A3414"><header>Hazardous substance
superfund</header>
</appropriations-intermediate><appropriations-small commented="no" id="H83C326B0FC274F7D92FFF7DE57180151"><header>(including transfers of
funds)</header><text display-inline="no-display-inline">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:
<proviso><italic>Provided</italic></proviso>, That funds appropriated
under this heading may be allocated to other Federal agencies in accordance
with section 111(a) of CERCLA:
<proviso><italic>Provided further</italic></proviso>, That of the funds
appropriated under this heading, $9,955,000 shall be paid to the <quote>Office
of Inspector General</quote> appropriation to remain available until September
30, 2013, and $23,016,000 shall be paid to the <quote>Science and
Technology</quote> appropriation to remain available until September 30,
2013.</text>
</appropriations-small><appropriations-intermediate id="HBB834910BF734E9990C29D4122D240E5"><header>Leaking underground storage tank
trust fund program</header><text display-inline="no-display-inline">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:
<proviso><italic>Provided</italic></proviso>, 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.</text>
</appropriations-intermediate><appropriations-intermediate id="HB36F00A2860A4EA2A7B792F33F07F7A5"><header>
Inland Oil Spill Programs</header><text display-inline="no-display-inline">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.</text>
</appropriations-intermediate><appropriations-intermediate id="H7CBAF58D457E4C57AB5E8B12D11C72D5"><header>State and tribal assistance
grants</header>
</appropriations-intermediate><appropriations-small id="idBDA6BB343C0248DD82C7F21F7FD80E85"><text display-inline="no-display-inline">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
<act-name parsable-cite="FWPCA">Federal Water Pollution Control Act</act-name>,
as amended (the <quote>Act</quote>); 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:
<proviso><italic>Provided</italic></proviso>, 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:
<proviso><italic> Provided further,</italic></proviso> 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:
<proviso><italic>Provided further</italic></proviso>, 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 <act-name parsable-cite="FWPCA">Federal Water Pollution
Control Act</act-name> (33 U.S.C. 1301) or the <act-name parsable-cite="CFRDA">Consolidated Farm and Rural Development Act</act-name> (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 <act-name parsable-cite="CERCL">Comprehensive
Environmental Response, Compensation, and Liability Act of 1980</act-name>
(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 <act-name parsable-cite="CAA">Clean Air Act</act-name> 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 <quote>Leaking Underground Storage Tank
Trust Fund Program</quote> to carry out the provisions of the
<act-name parsable-cite="SWDA">Solid Waste Disposal Act</act-name> specified in
section 9508(c) of the Internal Revenue Code other than section 9003(h) of the
<act-name parsable-cite="SWDA">Solid Waste Disposal Act</act-name>, as amended,
$1,550,000 shall be for grants to States under section 2007(f)(2) of the
<act-name parsable-cite="SWDA">Solid Waste Disposal Act</act-name>, as amended:
<proviso><italic>Provided further</italic>,</proviso> That
notwithstanding section 603(d)(7) of the <act-name parsable-cite="FWPCA">Federal Water Pollution Control Act</act-name>, 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:
<proviso><italic>Provided further,</italic></proviso> 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:
<proviso><italic>Provided further</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, 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:
<proviso><italic> Provided further,</italic></proviso> 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:
<proviso><italic>Provided further</italic>,</proviso> 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.</text>
</appropriations-small><appropriations-intermediate id="HE39DF642BF8147C494981B7DE91220CB"><header>Administrative
provisions—Environmental protection
agency</header>
</appropriations-intermediate><appropriations-small id="H2ED476BD322548CA9BF1215A03323F00"><header>(including
transfer and rescission of funds)</header>
</appropriations-small><appropriations-intermediate commented="no" id="id6BE444E6392A45F5ADE85F3FA251F786"><text display-inline="no-display-inline">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.</text>
</appropriations-intermediate><appropriations-intermediate commented="no" id="idE72279D29E434C7D8F868F45F7E1181F"><text display-inline="no-display-inline">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.</text>
</appropriations-intermediate><appropriations-intermediate commented="no" id="id8BF4E7D5626B4B98A9837C968C486C3D"><text display-inline="no-display-inline">The Administrator is authorized to transfer
up to $300,000,000 of the funds appropriated for the Great Lakes Restoration
Initiative under the heading <quote>Environmental Programs and
Management</quote> 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.</text>
</appropriations-intermediate><appropriations-intermediate commented="no" id="id1649E30AD81745BCA356AE910DE900F1"><text display-inline="no-display-inline">From unobligated balances available to the
Administrator of the Environmental Protection Agency, $50,000,000 are
permanently rescinded:
<proviso><italic>Provided</italic></proviso>, That of these funds,
$5,000,000 shall be rescinded from unobligated balances within the
<quote>Hazardous Substance Superfund</quote> account; $5,000,000 shall be
rescinded from unobligated Brownfields balances within the <quote>State and
Tribal Assistance Grants</quote> account; $5,000,000 shall be rescinded from
unobligated Mexico Border balances within the <quote>State and Tribal
Assistance Grants</quote> account; $5,000,000 shall be rescinded from
unobligated Diesel Emissions Reduction Act balances within the <quote>State and
Tribal Assistance Grants</quote> account; $20,000,000 shall be rescinded from
unobligated categorical grant balances within the <quote>State and Tribal
Assistance Grants</quote> account; and $10,000,000 shall be rescinded from
unobligated Clean Water State Revolving Funds balances within the <quote>State
and Tribal Assistance Grants</quote> account:
<proviso><italic> Provided further,</italic></proviso> 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.</text>
</appropriations-intermediate><appropriations-intermediate commented="no" id="idC35FADEBFD084F4784C3C571A5AB77A7"><text display-inline="no-display-inline">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.</text>
</appropriations-intermediate><appropriations-intermediate commented="no" id="id8054C4A555E94CA39760848F241ED259"><text display-inline="no-display-inline">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).</text>
</appropriations-intermediate><appropriations-intermediate commented="no" id="id0AE4781154504F51B38E10C434796DEF"><text display-inline="no-display-inline">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:
<proviso><italic>Provided</italic></proviso>, 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:
<proviso><italic> Provided further,</italic></proviso> 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.<pagebreak></pagebreak></text>
</appropriations-intermediate><enum>III</enum><header>Related
agencies</header>
<appropriations-major id="H0BE0FBAD150942E1A2F6178E6F065229">
</appropriations-major><appropriations-major id="H58CDAB4017AE4E89B2167EA457D99D55"><header>Department
of agriculture</header>
</appropriations-major><appropriations-intermediate id="H18948E43423543FDB55BC0C385C4360A"><header>Forest
service</header>
</appropriations-intermediate><appropriations-small id="HE9A2B2FF35EC451EAC8674FDFFDC7B7A"><header>Forest and
rangeland research</header><text display-inline="no-display-inline">For
necessary expenses of forest and rangeland research as authorized by law,
$295,773,000, to remain available until expended:
<proviso><italic>Provided,</italic></proviso> That of the funds
provided, $64,372,000 is for the forest inventory and analysis
program.</text>
</appropriations-small><appropriations-small id="H3FDE4A3E9BD143D49B2D34EC079BDB34"><header>State and
private forestry</header><text display-inline="no-display-inline">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.</text>
</appropriations-small><appropriations-small id="H60706F710C6440A38705DA5C5806BB9E"><header>National
Forest System</header><text display-inline="no-display-inline">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:
<proviso><italic>Provided</italic></proviso>, That of the funds
provided, $336,049,000 shall be for forest products:
<proviso><italic>Provided further</italic></proviso>, 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):
<proviso><italic>Provided further</italic></proviso>, 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:
<proviso><italic>Provided further</italic>,</proviso> 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.</text>
</appropriations-small><appropriations-small id="HBF3FE05D22554CACAE38CAF46345F56A"><header>Capital
improvement and maintenance</header>
</appropriations-small><appropriations-small id="id753EE5B920684D9BAFF41DDE411B9963"><header>(including transfer of
funds)</header><text display-inline="no-display-inline">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:
<proviso><italic>Provided, </italic></proviso> 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:
<proviso><italic>Provided further</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, That of the funds
provided for decommissioning of roads, up to $13,000,000 may be transferred to
the <quote>National Forest System</quote> to support the Integrated Resource
Restoration pilot program.</text>
</appropriations-small><appropriations-small id="HF6ABA31FDF594C059492ADC7B57F0C59"><header>Land
acquisition</header><text display-inline="no-display-inline">For expenses
necessary to carry out the provisions of the <act-name parsable-cite="LWCFA">Land and Water Conservation Fund Act of 1965</act-name>,
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.</text>
</appropriations-small><appropriations-small id="H3FFCB59F60DE4175879B9D1C1257FB50"><header>Acquisition of lands for
national forests special acts</header><text display-inline="no-display-inline">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.</text>
</appropriations-small><appropriations-small id="H58E5DC3D1C3B4753B2DBB7FE1E22E89D"><header>Acquisition of lands to complete
land exchanges</header><text display-inline="no-display-inline">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).</text>
</appropriations-small><appropriations-small id="H04D8117254E146479E3ED2CC86E0D35D"><header>Range
betterment fund</header><text display-inline="no-display-inline">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.</text>
</appropriations-small><appropriations-small id="H8242DA4B295140A98BBF0DF0AB34421E"><header>Gifts,
donations and bequests for forest and rangeland research</header><text display-inline="no-display-inline">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.</text>
</appropriations-small><appropriations-small id="HA54718FEB32540F3B221C9F2C27334D8"><header>Management
of national forest lands for subsistence uses</header><text display-inline="no-display-inline">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.</text>
</appropriations-small><appropriations-small id="H741219E78C9E492DADA8A8699C8DC66F"><header>Wildland
fire management</header>
</appropriations-small><appropriations-small id="H4BEE288C6D5F4E2D8858C0D590CAD759"><header>(including
transfers of funds)</header><text display-inline="no-display-inline">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:
<proviso><italic>Provided</italic></proviso>, That such funds including
unobligated balances under this heading, are available for repayment of
advances from other appropriations accounts previously transferred for such
purposes:
<proviso><italic>Provided further</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, That amounts in
this paragraph may be transferred to the <quote>State and Private
Forestry</quote>, <quote>National Forest System</quote>, and <quote>Forest and
Rangeland Research</quote> 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:
<proviso><italic>Provided further</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, 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:
<proviso><italic>Provided further,</italic></proviso> 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
<quote>State and Private Forestry</quote> appropriation:
<proviso><italic>Provided further</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, 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
<quote>State and Private Forestry</quote> appropriation, for the purpose of
creating incentives for increased use of biomass from National Forest System
lands:
<proviso><italic>Provided further</italic>,</proviso> 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:
<proviso><italic>Provided further</italic>,</proviso> 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:
<proviso><italic> Provided further,</italic></proviso> That funds
designated for wildfire suppression, including funds transferred from the
<quote>FLAME Wildfire Suppression Reserve Fund</quote>, shall be assessed for
cost pools on the same basis as such assessments are calculated against other
agency programs:
<proviso><italic>Provided further</italic></proviso>, That of the funds
for hazardous fuels reduction, up to $21,000,000 may be transferred to the
<quote>National Forest System</quote> to support the Integrated Resource
Restoration pilot program.</text>
</appropriations-small><appropriations-intermediate id="H8BEF30848E3542708B2D426166C83169"><header>Flame wildfire suppression
reserve fund</header>
</appropriations-intermediate><appropriations-small id="HF90D02B9CF814ED2982DA97558191C8F"><header>(including
transfers of funds)</header><text display-inline="no-display-inline">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:
<proviso><italic>Provided</italic>,</proviso> That such amounts are
available only for transfer to the <quote>Wildland Fire Management</quote>
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 <quote>Wildland Fire Management</quote> account will
be exhausted within 30 days.</text>
</appropriations-small><appropriations-small id="H4D16D1DBF1FC45B3851F74D28CE6EFDE"><header>Administrative provisions—forest
service</header>
</appropriations-small><appropriations-small id="H2B3CA6E0921E4C8A98FA72AF48818060"><header>(including
transfers of funds)</header><text display-inline="no-display-inline">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).</text><text display-inline="no-display-inline">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 <quote>Wildland Fire Management</quote> and <quote>FLAME Wildfire
Suppression Reserve Fund</quote> will be obligated within 30 days:
<proviso><italic>Provided, </italic></proviso>That all funds used
pursuant to this paragraph must be replenished by a supplemental appropriation
which must be requested as promptly as possible.</text><text display-inline="no-display-inline">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.</text><text display-inline="no-display-inline">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)).</text><text display-inline="no-display-inline">None of the funds available to the Forest
Service may be reprogrammed without the advance approval of the House and
Senate Committees on Appropriations in accordance with the reprogramming
procedures contained in the explanatory statement described in section 4 (in
the matter preceding division A of this consolidated
Act).</text>
</appropriations-small><appropriations-small commented="no" id="id9DD63068284741F9AB6E57350D34A11D"><text display-inline="no-display-inline">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.</text><text display-inline="no-display-inline">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.</text><text display-inline="no-display-inline">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.</text><text display-inline="no-display-inline">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:
<proviso><italic>Provided,</italic></proviso> That of the Federal funds
made available to the Foundation, no more than $300,000 shall be available for
administrative expenses:
<proviso><italic> Provided further,</italic></proviso> 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:
<proviso><italic>Provided further</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, 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.</text><text display-inline="no-display-inline">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:
<proviso><italic>Provided</italic></proviso>, That such funds shall be
matched on at least a one-for-one basis by the Foundation or its
sub-recipients:
<proviso><italic>Provided further</italic></proviso>, 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.</text><text display-inline="no-display-inline">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.</text><text display-inline="no-display-inline">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.</text><text display-inline="no-display-inline">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)).</text><text display-inline="no-display-inline">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.</text>
</appropriations-small><appropriations-small id="id9AB020DE31414D0493C83AFA26F753ED"><text display-inline="no-display-inline">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.</text>
</appropriations-small><appropriations-small id="id80ADFE3CB5F74EA19CF3C6BEE995D025"><text display-inline="no-display-inline">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.</text>
</appropriations-small><appropriations-major id="HA0DBA8108EA64AABA871644B420CB663"><header>Department
of health and human services</header>
</appropriations-major><appropriations-intermediate id="H7382C75C39734E2BA42C8733C9C6B059"><header>Indian health
service</header>
</appropriations-intermediate><appropriations-small id="H3D981DF7CCB74B40BAAA768F2D5A21DB"><header>Indian
health services</header><text display-inline="no-display-inline">For expenses
necessary to carry out the Act of August 5, 1954 (68 Stat. 674), the
<act-name parsable-cite="ISDEAA">Indian Self-Determination Act</act-name>, the
<act-name parsable-cite="IHCIA">Indian Health Care Improvement Act</act-name>,
and titles II and III of the <act-name parsable-cite="PHSA">Public Health
Service Act</act-name> 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:
<proviso><italic>Provided</italic></proviso>, That funds made available
to tribes and tribal organizations through contracts, grant agreements, or any
other agreements or compacts authorized by the <act-name parsable-cite="ISDA">Indian Self-Determination and Education Assistance
Act</act-name> 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:
<proviso><italic>Provided further</italic></proviso>, That $844,927,000
for contract medical care, including $51,500,000 for the Indian Catastrophic
Health Emergency Fund, shall remain available until expended:
<proviso><italic>Provided further</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, 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
<act-name parsable-cite="IHCIA">Indian Health Care Improvement Act</act-name>:
<proviso><italic>Provided further</italic>,</proviso> 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):
<proviso><italic>Provided further</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, That the amounts
collected by the Secretary of Health and Human Services under the authority of
title IV of the <act-name parsable-cite="IHCIA">Indian Health Care Improvement
Act</act-name> shall remain available until expended for the purpose of
achieving compliance with the applicable conditions and requirements of titles
XVIII and XIX of the <act-name parsable-cite="SSA">Social Security
Act</act-name>, except for those related to the planning, design, or
construction of new facilities:
<proviso><italic>Provided further</italic></proviso>, That funding
contained herein for scholarship programs under the
<act-name parsable-cite="IHCIA">Indian Health Care Improvement Act</act-name>
(25 U.S.C. 1613) shall remain available until expended:
<proviso><italic>Provided further</italic></proviso>, That amounts
received by tribes and tribal organizations under title IV of the
<act-name parsable-cite="IHCIA">Indian Health Care Improvement Act</act-name>
shall be reported and accounted for and available to the receiving tribes and
tribal organizations until expended:
<proviso><italic>Provided further</italic></proviso>, 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
<act-name parsable-cite="ISDEAA">Indian Self-Determination Act</act-name> 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:
<proviso><italic>Provided further</italic></proviso>, 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.):
<proviso><italic>Provided further</italic></proviso>, That the Indian
Health Care Improvement Fund may be used, as needed, to carry out activities
typically funded under the Indian Health Facilities
account.</text>
</appropriations-small><appropriations-small id="H4B7F7AA2F0E94A75A5BEB02173FB2811"><header>Indian
health facilities</header><text display-inline="no-display-inline">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
<act-name parsable-cite="ISDEAA">Indian Self-Determination Act</act-name>, and
the <act-name parsable-cite="IHCIA">Indian Health Care Improvement
Act</act-name>, and for expenses necessary to carry out such Acts and titles II
and III of the <act-name parsable-cite="PHSA">Public Health Service
Act</act-name> with respect to environmental health and facilities support
activities of the Indian Health Service, $441,052,000, to remain available
until expended:
<proviso><italic>Provided</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, That not to
exceed $2,700,000 from this account and the <quote>Indian Health
Services</quote> 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:
<proviso><italic>Provided further</italic></proviso>, 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.</text>
</appropriations-small><appropriations-small id="H4F2B7D7739184CA398843CF2469EC4AE"><header>Administrative provisions—indian
health service</header><text display-inline="no-display-inline">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:
<proviso><italic>Provided</italic>,</proviso> That in accordance with
the provisions of the <act-name parsable-cite="IHCIA">Indian Health Care
Improvement Act</act-name>, 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:
<proviso><italic>Provided further</italic>,</proviso> 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:
<proviso><italic>Provided further</italic>,</proviso> 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:
<proviso><italic>Provided further</italic>,</proviso> 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:
<proviso><italic>Provided further</italic>,</proviso> 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
<act-name parsable-cite="ISDA">Indian Self-Determination and Education
Assistance Act</act-name> 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:
<proviso><italic>Provided further</italic>,</proviso> 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:
<proviso><italic>Provided further</italic>,</proviso> 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
<act-name parsable-cite="ISDEAA">Indian Self-Determination Act</act-name>, 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:
<proviso><italic>Provided further</italic>,</proviso> 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:
<proviso><italic>Provided further</italic>,</proviso> That the
appropriation structure for the Indian Health Service may not be altered
without advance notification to the House and Senate Committees on
Appropriations.</text>
</appropriations-small><appropriations-intermediate id="H5AC6317734C047E0AE3DB9C58574F7FA"><header>National institutes of
health</header>
</appropriations-intermediate><appropriations-small id="HFDF8C674FF574B63AEDD3E64A35E2CC7"><header>National
institute of environmental health sciences</header><text display-inline="no-display-inline">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.</text>
</appropriations-small><appropriations-intermediate id="HFBECD47E7AF447378F73A921E6691FC4"><header>Agency for toxic substances and
disease registry</header>
</appropriations-intermediate><appropriations-small id="H25426DEC43D64328B2AB6D2412606823"><header>Toxic
substances and environmental public health</header><text display-inline="no-display-inline">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:
<proviso><italic>Provided</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, 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.</text>
</appropriations-small><appropriations-major id="H6EF0D07ABD344373801998305AD32B63"><header>Other
related agencies</header>
</appropriations-major><appropriations-intermediate id="HC496346F6A0E472797274F2770749572"><header>Executive office of the
president</header>
</appropriations-intermediate><appropriations-small id="H7F71A51FA49B4C5CAD76BEB4C2EC362F"><header>Council on
environmental quality and office of environmental quality</header><text display-inline="no-display-inline">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:
<proviso><italic>Provided</italic></proviso>, 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.</text>
</appropriations-small><appropriations-intermediate id="H82C71FBD08C74E46A6018A2BC5BA40AE"><header>Chemical safety and hazard
investigation board</header>
</appropriations-intermediate><appropriations-small id="HB6ED7727DB394B4A85984E917B6ECEE7"><header>Salaries
and expenses</header><text display-inline="no-display-inline">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:
<proviso><italic>Provided</italic></proviso>, That the Chemical Safety
and Hazard Investigation Board (Board) shall have not more than three career
Senior Executive Service positions:
<proviso><italic>Provided further</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, 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.</text>
</appropriations-small><appropriations-intermediate id="id5B974B7677B44906A519DA074A7FBDDA"><header>Office of navajo and hopi
indian relocation</header>
</appropriations-intermediate><appropriations-small id="idEAF1B86F1D9E406A90823D512050813A"><header>Salaries
and expenses</header><text display-inline="no-display-inline">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:
<proviso><italic>Provided</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, That no relocatee
will be provided with more than one new or replacement home:
<proviso><italic>Provided further</italic></proviso>, 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.</text>
</appropriations-small><appropriations-intermediate id="HCAAEAFE8F996417EB8FED1B80BD45928"><header>Institute of american indian and
alaska native culture and arts
development</header>
</appropriations-intermediate><appropriations-small id="H7B38782C11F44C99A3567600828D7E8E"><header>Payment to
the institute</header><text display-inline="no-display-inline">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.</text>
</appropriations-small><appropriations-intermediate id="HD06F9D6C5DB14C2DB42D784B0AD9EA65"><header>Smithsonian
institution</header>
</appropriations-intermediate><appropriations-small id="H95A63EE075CD4AE584E154FC837A53C4"><header>Salaries
and expenses</header><text display-inline="no-display-inline">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:
<proviso><italic>Provided,</italic></proviso> That funds appropriated
herein are available for advance payments to independent contractors performing
research services or participating in official Smithsonian
presentations.</text>
</appropriations-small><appropriations-small id="HEDB8AE4F83EB40E6AE403FDDFDCD99A1"><header>Facilities
capital</header><text display-inline="no-display-inline">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:
<proviso><italic>Provided</italic>,</proviso> 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:
<proviso><italic>Provided further</italic>,</proviso> That the
solicitation and contract shall contain the clause <quote>availability of
funds</quote> found at 48 CFR 52.232.18.</text>
</appropriations-small><appropriations-intermediate id="H6C402C1635424DE5B8E0EAAA04DFE335"><header>National gallery of
art</header>
</appropriations-intermediate><appropriations-small id="H65C9A5F5AB8A4547B56D6C840829BABA"><header>Salaries
and expenses</header><text display-inline="no-display-inline">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.</text>
</appropriations-small><appropriations-small id="H71E8687875EC455899D3165A99921F14"><header>Repair,
restoration, and renovation of buildings</header><text display-inline="no-display-inline">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:
<proviso><italic>Provided</italic>,</proviso> 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.</text>
</appropriations-small><appropriations-intermediate id="H85CC2BD16F79412DB2D0870053763E43"><header>John F. kennedy center for the
performing arts</header>
</appropriations-intermediate><appropriations-small id="HF62D5B89EC404777A8B7AA96F8D6CD73"><header>Operations
and maintenance</header><text display-inline="no-display-inline">For necessary
expenses for the operation, maintenance and security of the John F. Kennedy
Center for the Performing Arts, $23,200,000.</text>
</appropriations-small><appropriations-small id="H4743D73F878E47A2B8313DA1782A6A61"><header>Capital
repair and restoration</header><text display-inline="no-display-inline">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.</text>
</appropriations-small><appropriations-intermediate id="H1A321DA951804E04B15475CD7503638A"><header>Woodrow wilson international
center for scholars</header>
</appropriations-intermediate><appropriations-small id="H7CC7FF12A7BC470CA6B24831E038576F"><header>Salaries
and expenses</header><text display-inline="no-display-inline">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.</text>
</appropriations-small><appropriations-intermediate id="HF82353CD822C4DCA813B102FDF31AB43"><header>National foundation on the arts
and the humanities</header>
</appropriations-intermediate><appropriations-intermediate id="HD9447E2711284046A369D112D90DF082"><header>National endowment for the
arts</header>
</appropriations-intermediate><appropriations-small id="H04CF3722769644A7B7FCB2298B97A1B8"><header>Grants and
administration</header>
</appropriations-small><appropriations-small id="HBA70CEBE023048AA8DFE61B3C3794B0A"><text display-inline="no-display-inline">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.</text>
</appropriations-small><appropriations-intermediate id="H8452C8F9D65A493BAB16423D05C41C6B"><header>National endowment for the
humanities</header>
</appropriations-intermediate><appropriations-small id="HA2D37B6F50BA444088967E4A50A93029"><header>Grants and
administration</header><text display-inline="no-display-inline">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):
<proviso><italic>Provided</italic></proviso>, 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.</text>
</appropriations-small><appropriations-intermediate id="HD542AAD0F0F44568AA586614BB405D0E"><header>Administrative
provisions</header><text display-inline="no-display-inline">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:
<proviso><italic>Provided</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, That funds from
nonappropriated sources may be used as necessary for official reception and
representation expenses:
<proviso><italic>Provided further</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, 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.</text>
</appropriations-intermediate><appropriations-intermediate id="HCE06D07C07E340D786229CAFB6A4B1B9"><header>Commission of fine
arts</header>
</appropriations-intermediate><appropriations-small commented="no" id="H97527363675440AD864CFDC9E2B91C23"><header>Salaries and
expenses</header><text display-inline="no-display-inline">For expenses of the
Commission of Fine Arts under Chapter 91 of title 40, United States Code,
$2,400,000:
<proviso><italic>Provided</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, 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.</text>
</appropriations-small><appropriations-intermediate id="idF52956BCB69C405FB6AB86E136B58135"><header>National Capital Arts and
Cultural Affairs</header><text display-inline="no-display-inline">For necessary
expenses as authorized by Public Law 99–190 (20 U.S.C. 956a), as amended,
$2,000,000.</text>
</appropriations-intermediate><appropriations-small id="idAD779EA01AD047609A4C8BBD70E95C70"><header>Administrative
Provision</header><text display-inline="no-display-inline">The item relating to
<quote>National Capital Arts and Cultural Affairs</quote> 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—</text>
<paragraph id="idC7A17F65E3BB4D128032F5AF8CC82AD4"><enum>(1)</enum><text display-inline="yes-display-inline">by deleting the last sentence in the second
paragraph and replacing it with the following: <quote>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.</quote>; and</text>
</paragraph><paragraph id="idDEFD993506A341588B8687AC9F147515"><enum>(2)</enum><text display-inline="yes-display-inline">in the third paragraph, by deleting
<quote>in addition to those herein named</quote> at the end of the
sentence.</text>
</paragraph></appropriations-small><appropriations-intermediate id="HD69B245AD2DC4C87A2C67A0AAC026AA8"><header>Advisory council on historic
preservation</header>
</appropriations-intermediate><appropriations-small id="H14E10D1F857B42D9B663552364A21B1C"><header>Salaries
and expenses</header><text display-inline="no-display-inline">For necessary
expenses of the Advisory Council on Historic Preservation (Public Law 89–665,
as amended), $6,108,000.</text>
</appropriations-small><appropriations-intermediate id="H328BFE67B4404E028A8ECDA3DD5ACBA3"><header>National capital planning
commission</header>
</appropriations-intermediate><appropriations-small id="H4E60F244EB1D47B9909302D3D778ACF9"><header>Salaries
and expenses</header><text display-inline="no-display-inline">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:
<proviso><italic>Provided,</italic></proviso> 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.</text>
</appropriations-small><appropriations-intermediate id="H3EF362D8EE4846CEA945D11AC0551AB6"><header>United states holocaust memorial
museum</header>
</appropriations-intermediate><appropriations-small id="H9BED6260021740D19A24A6C6146158AD"><header>Holocaust
memorial museum</header><text display-inline="no-display-inline">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.</text>
</appropriations-small><appropriations-intermediate id="H5F5F168E404744D1992CC8BA5BC1D981"><header>Presidio
trust</header>
</appropriations-intermediate><appropriations-small commented="no" id="HA95324714C6D4868B3A64EB62D54A7E2"><header>Presidio trust
fund</header><text display-inline="no-display-inline">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.</text>
</appropriations-small><appropriations-intermediate id="idBB4E78DEF43640F4A81C2DE51070BE01"><header>Dwight D. Eisenhower Memorial
Commission </header>
</appropriations-intermediate><appropriations-small id="H72D71F4365314EFBBA9EDB2540E3A91A"><header>Salaries
and Expenses</header><text display-inline="no-display-inline">For necessary
expenses, including the costs of construction design, of the Dwight D.
Eisenhower Memorial Commission, $2,000,000, to remain available until
expended.</text>
</appropriations-small><appropriations-small commented="no" id="H775349D934C743568731323A363F1482"><header>Capital
Construction</header><text display-inline="no-display-inline">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:
<proviso><italic>Provided</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, That the
solicitation and contract with respect to the procurement shall contain the
<quote>availability of funds</quote> clause described in section 52.232.18 of
title 48, Code of Federal Regulations:
<proviso><italic> Provided further,</italic></proviso> 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).
<pagebreak></pagebreak></text>
</appropriations-small><enum>IV</enum><header>General
provisions</header>
<appropriations-major commented="no" id="H203F59325F2C48869566663FD5552B33">
</appropriations-major><appropriations-small commented="no" id="HD739761FF6254A56B8F9C36015C2CE24"><header>(including transfers of
funds)</header>
</appropriations-small><appropriations-small commented="no" id="H8F630555B80E47D29CC0297BD6A81270"><header>limitation on consulting
services</header>
</appropriations-small><section commented="no" id="H9BA9BAE4364E4424A7AF42FCD17C95EF"><enum>401.</enum><text display-inline="yes-display-inline">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.</text>
<appropriations-small commented="no" id="H9EE8EB87166C466C92B3CF1FA8A7E9B8"><header>restriction on use of
funds</header>
</appropriations-small></section><section commented="no" id="H66F84F76F9A84E3CBDD9AEF2ED7CEB0A"><enum>402.</enum><text display-inline="yes-display-inline">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.</text>
<appropriations-small id="HF8BE2CB6CFC347F391702176E6033753"><header>Obligation of
appropriations</header>
</appropriations-small></section><section commented="no" display-inline="no-display-inline" id="IDA22F13D14D4A4370A1C6AAD05A7F8735" section-type="subsequent-section"><enum>403.</enum><text display-inline="yes-display-inline">No part of any appropriation contained in
this Act shall remain available for obligation beyond the current fiscal year
unless expressly so provided herein.</text>
<appropriations-small id="H248BFC3C589A4F229D57391087A449B4"><header>prohibition on use of funds for
personal services</header>
</appropriations-small></section><section id="H1A6F409E5B7A44879BF6C47DADEB13F7"><enum>404.</enum><text display-inline="yes-display-inline">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.</text>
<appropriations-small id="HEA7E1D7A00324E73B7F7B01BA32C96CE"><header>Disclosure of administrative
expenses</header>
</appropriations-small></section><section id="ID19FEDAEA592A404F891750EF7DD426EA"><enum>405.</enum><text display-inline="yes-display-inline">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.</text>
<appropriations-small id="H398E3D64D3CC44D38AE0E459C704B89E"><header>Giant
sequoia</header>
</appropriations-small></section><section id="H3CDA7BE947ED43F8B34CE12C9C780E99"><enum>406.</enum><text display-inline="yes-display-inline">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.</text>
<appropriations-small id="HB6D3D0911C234B3989EED579D07128BB"><header>Mining
applications</header>
</appropriations-small></section><section id="HBBF171F0B81C437982455EEB058A821A"><enum>407.</enum><subsection commented="no" display-inline="yes-display-inline" id="HC54400CA65F947E9BF64CDDC1606902C"><enum>(a)</enum><header>Limitation of
Funds</header><text>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.</text>
</subsection><subsection id="H8E537A26E7A0446280B6CDEC620C6178"><enum>(b)</enum><header>Exceptions</header><text>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.</text>
</subsection><subsection id="HC3841C8A718B44869A4135B23324DD50"><enum>(c)</enum><header>Report</header><text>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).</text>
</subsection><subsection commented="no" display-inline="no-display-inline" id="H9B9E9CE639F944E5BDAE6D24FE3E2987"><enum>(d)</enum><header>Mineral
Examinations</header><text>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.</text>
</subsection></section><appropriations-small id="HD296E51BC9A046BA85D1283E0FB8B3A6"><header>contract support
costs</header>
</appropriations-small><section id="H34D0508725FF4024A89C0E43A4099652"><enum>408.</enum><text display-inline="yes-display-inline">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.</text>
<appropriations-small id="H0E56812842074216B60BFB83F9760B52"><header>forest management
plans</header>
</appropriations-small></section><section id="H5C67B1DD9E1740B1A445784D07397FA0"><enum>409.</enum><text display-inline="yes-display-inline">The Secretary of Agriculture shall not be
considered to be in violation of subparagraph 6(f)(5)(A) of the
<act-name parsable-cite="FRRRP">Forest and Rangeland Renewable Resources
Planning Act of 1974</act-name> (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:
<proviso><italic>Provided,</italic></proviso> 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.</text>
<appropriations-small id="H88FE4F61F85B4B81ABAA40C67E003334"><header>prohibition within national
monuments</header>
</appropriations-small></section><section id="H91590D4E830E4B02AA398091B09CE7FE"><enum>410.</enum><text display-inline="yes-display-inline">No funds provided in this Act may be
expended to conduct preleasing, leasing and related activities under either the
<act-name parsable-cite="MLA">Mineral Leasing Act</act-name> (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.</text>
</section><section id="ID06823376b3674ea3833b405ab60100db"><enum>411.</enum><header>Amendments to the Temporary Emergency
Wildfire Suppression Act</header><text display-inline="yes-display-inline">The Temporary Emergency Wildfire
Suppression Act (42 U.S.C. 1856m et seq.) is amended—</text>
<paragraph id="ID580f2beb944c4912948234bf0b20d00d"><enum>(1)</enum><text>in the first
section (42 U.S.C. 1856m note)—</text>
<subparagraph id="ID178158fd50ff4527bb28e1c36a7e0741"><enum>(A)</enum><text>by striking
<quote>That this</quote> and inserting the following:</text>
<quoted-block display-inline="no-display-inline" id="id90B316CCB3F24CEB9CA8B3891E7931FF" style="OLC">
<section id="id5B8CE8C1B51446ECA8B3CD82DB4DCD9F" section-type="section-one"><enum>1.</enum><header>Short title</header><text display-inline="no-display-inline">This</text>
</section><after-quoted-block>;
and</after-quoted-block></quoted-block>
</subparagraph><subparagraph id="ID53c2d75f58eb40548dd9d2224aa0fbaf"><enum>(B)</enum><text>by striking
<quote>Temporary</quote>;</text>
</subparagraph></paragraph><paragraph id="IDb4cf2da33417454289e9f0f5d368e303"><enum>(2)</enum><text>by striking
section 2 (42 U.S.C. 1856m) and inserting the following:</text>
<quoted-block display-inline="no-display-inline" id="idDC8662456A1C417DBE7FA1D4178AB8DF" style="OLC">
<section id="id63E37EB7210246599C33F11935FF79F9"><enum>2.</enum><header>Definitions</header><text display-inline="no-display-inline">In this Act:</text>
<paragraph id="IDbdcedea1a1ae440ca78ac02c9e6883a1"><enum>(1)</enum><header>Assume any and
all liability</header><text>The term <term>assume any and all liability</term>
means—</text>
<subparagraph id="IDaca687612d3b483695aa2526aeb14706"><enum>(A)</enum><text>the payment
of—</text>
<clause id="id60449873BB034B8893570158DDFE3F82"><enum>(i)</enum><text>any judgment,
settlement, fine, penalty, or cost assessment (including prevailing party legal
fees) associated with the applicable litigation; and</text>
</clause><clause id="idCCDD38E505F746D386703CF35F8F917C"><enum>(ii)</enum><text>any cost
incurred in handling the applicable litigation (including legal fees);
and</text>
</clause></subparagraph><subparagraph id="ID96668d804abb4ee0a34e5eeadfb6bfbb"><enum>(B)</enum><text>with respect to a
Federal firefighter, arranging for, and paying the costs of, representation in
the applicable litigation.</text>
</subparagraph></paragraph><paragraph id="IDb78bbb309c104241b402613274089828"><enum>(2)</enum><header>Federal
firefighter</header><text>The term <term>Federal firefighter</term> means an
individual furnished by the Secretary of Agriculture or the Secretary of the
Interior under an agreement entered into under section 3.</text>
</paragraph><paragraph id="IDc1486c996fb24a57bf8c68ea7746de2e"><enum>(3)</enum><header>Foreign fire
organization</header><text>The term <quote>foreign fire organization</quote>
means any foreign governmental, public, or private entity that has wildfire
protection resources.</text>
</paragraph><paragraph id="ID3997a0829b0e48ffa902ecd38b339f63"><enum>(4)</enum><header>Foreign
firefighter</header><text>The term <term>foreign firefighter</term> means an
individual furnished by a foreign fire organization under an agreement entered
into under section 3.</text>
</paragraph><paragraph id="idE6C1F8CB28834EC29507CE982BBBE100"><enum>(5)</enum><header>Wildfire</header><text>The
term <quote>wildfire</quote> means any forest or range fire.</text>
</paragraph><paragraph id="ID1cb92f22af4145af8ec2070e3dddf91b"><enum>(6)</enum><header>Wildfire
protection resources</header><text>The term <quote>wildfire protection
resources</quote> means any personnel, supplies, equipment, or other resources
required for wildfire presuppression and suppression
activities.</text>
</paragraph></section><after-quoted-block>;</after-quoted-block></quoted-block>
</paragraph><paragraph id="ID8bf6e09214b64008b7f32783f51cdf77"><enum>(3)</enum><text>in section 3 (42
U.S.C. 1856n)—</text>
<subparagraph id="ID598ec664426346809f1584ad4cabbf34"><enum>(A)</enum><text>in subsection
(a)—</text>
<clause id="id4C1EA56FD8FF40AEA3B6A1FE08044E4F"><enum>(i)</enum><text>by
striking <quote>(a)(1) The Secretary of Agriculture</quote> and inserting the
following:</text>
<quoted-block display-inline="no-display-inline" id="id46AE93EABDF540A98026356609434B0A" style="OLC">
<subsection id="id361D335FDC994D24A8D551A162B4C8B6"><enum>(a)</enum><header>Exchange of
wildfire protection resources under a reciprocal agreement with a foreign fire
organization</header>
<paragraph id="id0B0C869867784E5A9B3BAD5989699280"><enum>(1)</enum><header>Authority to
enter into a reciprocal agreement</header><text>The Secretary of
Agriculture</text>
</paragraph></subsection><after-quoted-block>;
and</after-quoted-block></quoted-block>
</clause><clause id="idDAB4B3AEF8344EFCB626AC00BF9892C8"><enum>(ii)</enum><text>in
paragraph (2), by striking <quote>(2) Any agreement</quote> and inserting the
following:</text>
<quoted-block display-inline="no-display-inline" id="id83415F9FA35849C7ACBC506BA8708B70" style="OLC">
<paragraph id="id777BE4BEC1AC4C51B93945295894A38A"><enum>(2)</enum><header>Requirements
for a reciprocal agreement</header><text>Any
agreement</text>
</paragraph><after-quoted-block>;</after-quoted-block></quoted-block>
</clause></subparagraph><subparagraph id="ID60b46d3f99d04c3a9f4e8c849de7a4de"><enum>(B)</enum><text>in subsection
(b)—</text>
<clause id="ID51d94d3c98dc4a018ed51f400784c09f"><enum>(i)</enum><text>by
striking <quote>(b) In the absence</quote> and inserting the following:</text>
<quoted-block display-inline="no-display-inline" id="idED8F7EA8140F4ACE80F5715255C5D73D" style="OLC">
<subsection id="idDC3F1AAD8BE842DEBE36CE22E74092E2"><enum>(b)</enum><header>Exchange of
wildfire protection resources without a reciprocal agreement</header><text>In
the absence</text>
</subsection><after-quoted-block>;
and</after-quoted-block></quoted-block>
</clause><clause id="ID97111dcb14bf42258c718d2e410422fd"><enum>(ii)</enum><text>in
paragraph (1), by striking <quote>United States, and</quote> and inserting
<quote>United States; and</quote>;</text>
</clause></subparagraph><subparagraph id="IDa87e6ab30d88413b8bc23e283cddbbe8"><enum>(C)</enum><text>in subsection
(c), by striking <quote>(c) Notwithstanding</quote> and inserting the
following:</text>
<quoted-block display-inline="no-display-inline" id="idA825D0C97502453D9AE63DBD633D2189" style="OLC">
<subsection id="id90490408A27F42A58C5E35F78122367C"><enum>(c)</enum><header>Reimbursement
under agreements with
Canada</header><text>Notwithstanding</text>
</subsection><after-quoted-block>;
and</after-quoted-block></quoted-block>
</subparagraph><subparagraph id="IDe487b8e86ce440d2852e432e0db14650"><enum>(D)</enum><text>in subsection
(d)—</text>
<clause id="ID05ad22a53d3c41e18c9d37486c3edbc2"><enum>(i)</enum><text>by
striking, <quote>(d) Any service</quote> and inserting the following:</text>
<quoted-block display-inline="no-display-inline" id="id97BB2DED44604A7A9DA4E81BDD1A68BF" style="OLC">
<subsection id="idDCD4E0BA75D64F0D8DBAB44915EB25E5"><enum>(d)</enum><header>Service
performed under this Act by Federal employees</header>
<paragraph id="ID687e3d88e9f744d198fd27e1565df204"><enum>(1)</enum><header>In
general</header><text>Any service</text>
</paragraph></subsection><after-quoted-block>;
and</after-quoted-block></quoted-block>
</clause><clause id="idF95B2509A29F401C9CEE05A8AAD6931B"><enum>(ii)</enum><text>in
the second sentence, by striking <quote>The</quote> and inserting the
following:</text>
<quoted-block display-inline="no-display-inline" id="id531FD9A937D94A8A878506E4EDDAEE82" style="OLC">
<paragraph id="idA6E0BCB64809495F9B8036D50E637B61"><enum>(2)</enum><header>Effect</header><text>Except
as provided in section 4,
the</text>
</paragraph><after-quoted-block>;</after-quoted-block></quoted-block>
</clause></subparagraph></paragraph><paragraph id="ID23e9f53b4fa34608ad92a354f73ac03e"><enum>(4)</enum><text>by redesignating
section 4 (42 U.S.C. 1856o) as section 5;</text>
</paragraph><paragraph id="IDbcffe0085f484ebd9ef3a6138fa1e8db"><enum>(5)</enum><text>by inserting
after section 3 the following:</text>
<quoted-block display-inline="no-display-inline" id="id82F6335AFE744054AF4E1C2211EAF5E1" style="OLC">
<section id="ID5c0807c74fbb45a0874f97e19ce8b4e8"><enum>4.</enum><header>Reciprocal
agreements with liability coverage</header>
<subsection id="ID48d4e75f6e154b2293365dcbf8949cac"><enum>(a)</enum><header>Protection from
liability for foreign firefighters and foreign fire
organizations</header><text>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—</text>
<paragraph id="IDf48069b1cbf54c33a2a503347f98c1d1"><enum>(1)</enum><text>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</text>
</paragraph><paragraph id="IDd6d2f668a0914c79b7a60540de54b1f0"><enum>(2)</enum><text>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—</text>
<subparagraph id="ID31e081c7bec84573a9959173c2db28d3"><enum>(A)</enum><text>against the
United States; and</text>
</subparagraph><subparagraph id="ID5452756e9d424b99a298cf26bf30f65b"><enum>(B)</enum><text>as if the act or
omission were the act or omission of an employee of the United States.</text>
</subparagraph></paragraph></subsection><subsection id="ID89239186053644bda2d72ad3ab4ad224"><enum>(b)</enum><header>Protection from
liability for Federal firefighters and the federal government</header><text>The
Secretary of Agriculture and the Secretary of the Interior may provide the
protections under subsection (a) if the foreign fire organization
agrees—</text>
<paragraph id="IDeef4b718cec349468fa1699d65160b22"><enum>(1)</enum><text>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</text>
</paragraph><paragraph id="ID61b4ba315484449a9709686a18883f1e"><enum>(2)</enum><text>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—</text>
<subparagraph id="ID073267f37fc744388e6f726a03e8a3c0"><enum>(A)</enum><text>an act or
omission of the Federal firefighter in the performance of an official duty
under the agreement; or</text>
</subparagraph><subparagraph id="ID0ee0b3ae3c84475094e7ea9abb688d2b"><enum>(B)</enum><text>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.</text>
</subparagraph></paragraph></subsection></section><after-quoted-block>;
and</after-quoted-block></quoted-block>
</paragraph><paragraph id="ID1700a60af0e34c5cbc6b9faa5c1ba47b"><enum>(6)</enum><text>in section 5 (as
redesignated by paragraph (4))—</text>
<subparagraph id="ID0cec0d829fa34532945d13b56de20dae"><enum>(A)</enum><text>by striking
<quote>under section 3(c)</quote> and inserting <quote>under this Act</quote>;
and</text>
</subparagraph><subparagraph id="ID169c60700b674319a8f6a58942358ea9"><enum>(B)</enum><text>in the
proviso—</text>
<clause id="idBCA573D210974459BA0EFF9A0540E76E"><enum>(i)</enum><text>by
striking <quote>wildfire protection resources or personnel</quote> each place
it appears and inserting <quote>wildfire protection resources (including
personnel)</quote>;</text>
</clause><clause id="ID1eeb4de20c4640e5b040a8786dbb61ca"><enum>(ii)</enum><text>by
inserting <quote>for wildfire suppression activities</quote> before
<quote>unless</quote>; and</text>
</clause><clause id="ID4489e69cf9f94e92ba5e4504a0d42e7e"><enum>(iii)</enum><text>by striking
<quote>provide wildfire protection</quote> and inserting <quote>provide
wildfire suppression</quote>.</text>
</clause></subparagraph></paragraph></section><appropriations-small id="H56FB9B4395C1463B9FC2823EE350EFD8"><header>Contracting
authorities</header>
</appropriations-small><section id="ID896376C5F71A4C728AD2D8A67A53AECD"><enum>412.</enum><text display-inline="yes-display-inline">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 <quote>Secretaries</quote>) 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:
<proviso><italic>Provided</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, That the terms
<quote>rural community</quote> and <quote>economically disadvantaged</quote>
shall have the same meanings as in section 2374 of Public Law 101–624 (16
U.S.C. 6612):
<proviso><italic>Provided further</italic></proviso>, That the
Secretaries shall develop guidance to implement this section:
<proviso><italic>Provided further</italic></proviso>, 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.</text>
<appropriations-small id="HF7AEF12BD3C84A37899BBB8C8CC6D5C4"><header>limitation on
takings</header>
</appropriations-small></section><section id="H999A55AC713D4694972B4EDB310BBC3A"><enum>413.</enum><text display-inline="yes-display-inline">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:
<proviso><italic>Provided</italic></proviso>, 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.</text>
<appropriations-small id="H934282D40BAC4DEB951A49F46BBB0D2A"><header>TIMBER SALE
REQUIREMENTS</header>
</appropriations-small></section><section id="H87235295ABAE4EE3A518787D0EAE275F"><enum>414.</enum><text display-inline="yes-display-inline">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.</text>
<appropriations-small id="HB132E78B63B94E5B940177934FA51B28"><header>Extension of grazing
permits</header>
</appropriations-small></section><section commented="no" display-inline="no-display-inline" id="H299DB334BB024C3BA4A35296FB27659B" section-type="subsequent-section"><enum>415.</enum><text display-inline="yes-display-inline">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.</text>
<appropriations-small id="H983545F0BA644E63B2C4E2EE7D19B05B"><header>Prohibition on no-bid
contracts</header>
</appropriations-small></section><section id="H906EAB0F3C2A42E2A7B72CC469BA56B4"><enum>416.</enum><text display-inline="yes-display-inline">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—</text>
<paragraph id="H905DA9555BEB4B9C86D2838D72698922"><enum>(1)</enum><text>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</text>
</paragraph><paragraph id="H4328788E85D54B2DBBBB4BA808A7D756"><enum>(2)</enum><text>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</text>
</paragraph><paragraph commented="no" display-inline="no-display-inline" id="H8AD8E0B4139B471EB569BC1065D8C12E"><enum>(3)</enum><text>such contract was
awarded prior to the date of enactment of this Act.</text>
</paragraph></section><appropriations-small id="H682576F283E04D08A8B982523D495491"><header>Posting of
Reports</header>
</appropriations-small><section id="H6101E6115FA74F1B8CB6C7CDE9ACA30B"><enum>417.</enum><subsection commented="no" display-inline="yes-display-inline" id="H4E117056179C4CB98063E97125C6F84A"><enum>(a)</enum><text display-inline="yes-display-inline">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.</text>
</subsection><subsection id="HDB913C0F74774C1AA283622E7E074668"><enum>(b)</enum><text>Subsection (a)
shall not apply to a report if—</text>
<paragraph id="H9F66F93C8425433384DE0A8B84E23C44"><enum>(1)</enum><text>the public posting
of the report compromises national security; or</text>
</paragraph><paragraph id="H6038640957634CBCB28910BA89500181"><enum>(2)</enum><text>the report
contains proprietary information.</text>
</paragraph></subsection><subsection id="HD6C2FAFE7ABA445E963D324993F3358C"><enum>(c)</enum><text>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.</text>
</subsection></section><appropriations-small id="H27D4D3E7F42F452CA4A92A96B4C0AA02"><header>National endowment for the arts
grant guidelines</header>
</appropriations-small><section id="H7E2A7295E9AB487F9A0B1BEB23C66759"><enum>418.</enum><text display-inline="yes-display-inline">Of the funds provided to the National
Endowment for the Arts—</text>
<paragraph id="HABF8BE6AE0924629A6493C8360A22FD1"><enum>(1)</enum><text>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.</text>
</paragraph><paragraph id="H3A579D94F4314E4CADA86D590ABD6E88"><enum>(2)</enum><text>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.</text>
</paragraph><paragraph id="H67CA5AB2A5474FE7A6B808BF64E4C5CB"><enum>(3)</enum><text>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.</text>
</paragraph></section><appropriations-small id="H544BB2B88F1B4EF4A549D1A693987676"><header>National endowment for the arts
program priorities</header>
</appropriations-small><section id="H74CF211A508D42B9A10A9782DEA92777"><enum>419.</enum><subsection commented="no" display-inline="yes-display-inline" id="H628966A07B5A4234A5AD15A3C0A68C5B"><enum>(a)</enum><text display-inline="yes-display-inline">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.</text>
</subsection><subsection id="HEECC43F1C3FC427A9D7DC30B5B24B1F4"><enum>(b)</enum><text>In this
section:</text>
<paragraph id="HB7422621A89C4AE78F299D6DF12E44D9"><enum>(1)</enum><text>The term
<quote>underserved population</quote> 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.</text>
</paragraph><paragraph id="H38DF18E1A6E540428AF0B18145130FA4"><enum>(2)</enum><text>The term
<quote>poverty line</quote> 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.</text>
</paragraph></subsection><subsection id="HCA8C923F8E264E6C8FA680147BEE9289"><enum>(c)</enum><text>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.</text>
</subsection><subsection id="H6B0D58C083254DE2BAC7BCB2690C64B7"><enum>(d)</enum><text>With funds
appropriated by this Act to carry out section 5 of the National Foundation on
the Arts and Humanities Act of 1965—</text>
<paragraph id="H858BFCFDB93C4D05829B95B5E16F599E"><enum>(1)</enum><text>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;</text>
</paragraph><paragraph id="H9095DC2C269449AAB73067898016DA6E"><enum>(2)</enum><text>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);</text>
</paragraph><paragraph id="H5CC8C082DAC24DDC902DFC61C6E1406B"><enum>(3)</enum><text>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</text>
</paragraph><paragraph commented="no" display-inline="no-display-inline" id="H9921486F29C44EF4B75BF002A32E3BD2"><enum>(4)</enum><text>the Chairperson
shall encourage the use of grants to improve and support community-based music
performance and education.</text>
</paragraph></subsection></section><appropriations-small id="HE48AB184699E4E58AEA70889814F7A42"><header>Use of Competitive Grant
Funds</header>
</appropriations-small><section id="H1EE616317F4E4DEAB573C7C5D4E51D6F"><enum>420.</enum><text display-inline="yes-display-inline">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 <quote>, except funds awarded through competitive grants,</quote>
after <quote>No Federal funds</quote>.</text>
<appropriations-small id="HD3B13046B40E49D5A3A9CEE8F0C715E5"><header>Forest service facility
realignment and enhancement</header>
</appropriations-small></section><section commented="no" display-inline="no-display-inline" id="HE945F2871CFE4ADDA5E31ACE07CC2B4E" section-type="subsequent-section"><enum>421.</enum><text display-inline="yes-display-inline">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 <quote>2011</quote> and inserting
<quote>2016</quote>.</text>
<appropriations-small id="HF5AC700C37564E939A1D27341AFDF552"><header>Service
first</header>
</appropriations-small></section><section id="H4B948CB9968F424E85FC447EF20E7240"><enum>422.</enum><text display-inline="yes-display-inline">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—</text>
<paragraph id="H76453C82959249DEA7FCAF78E83E6470"><enum>(1)</enum><text>by striking in the
first sentence <quote>In fiscal years 2001 through 2011</quote>, and inserting
<quote>In fiscal year 2012 and each fiscal year thereafter</quote>; and</text>
</paragraph><paragraph id="HA7EA901B7CCB43E9841B1052EB1BA455"><enum>(2)</enum><text display-inline="yes-display-inline">by striking in the first sentence
<quote>pilot programs</quote> and inserting <quote>programs</quote>.</text>
</paragraph></section><appropriations-small id="H10903E0CBD6C4DD49DF816F879C29B07"><header>Federal, state, cooperative
forest, range-land and watershed restoration in
utah</header>
</appropriations-small><section id="HFBBB051177F442728BD83847CE6CEC68"><enum>423.</enum><text display-inline="yes-display-inline">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.</text>
<appropriations-small id="HD94529ABB12A4769B9439627EBC89E4F"><header>Status of Balances of
Appropriations</header>
</appropriations-small></section><section id="H67F7B9C1335440F38FB5ACD9F082E87A"><enum>424.</enum><text display-inline="yes-display-inline">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.</text>
<appropriations-small id="H1FE62091ADE2415A9FAD7BD8ADC83649"><header>Report on use of climate change
funds</header>
</appropriations-small></section><section commented="no" display-inline="no-display-inline" id="H5DDF3FA27E5446F38DE0027DE9ED3612" section-type="subsequent-section"><enum>425.</enum><text display-inline="yes-display-inline">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.</text>
<appropriations-small id="HB597EF226BA84471857725909311D216"><header>Prohibition on Use of
Funds</header>
</appropriations-small></section><section id="HC92418C1EA6142FC826F3C04E04BF327"><enum>426.</enum><text display-inline="yes-display-inline">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.</text>
<appropriations-small id="H2D7C0757E57A486BA774A54403115480"><header>Greenhouse Gas Reporting
Restrictions</header>
</appropriations-small></section><section commented="no" display-inline="no-display-inline" id="HDC30AC21730C4382A481E8F023CE7CE0" section-type="subsequent-section"><enum>427.</enum><text display-inline="yes-display-inline">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.</text>
<appropriations-small id="H970400E892F149259AE13B046F0A73AA"><header>Forest Service Pre-Decisional
Objection Process</header>
</appropriations-small></section><section id="HF52BE3B03F9F436D8181D5A0E7BBE4C5"><enum>428.</enum><text display-inline="yes-display-inline">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:
<proviso><italic>Provided</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, 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.).</text>
<appropriations-small commented="no" id="HE6E5744E435444619FAA4FC2A55C4318"><header>Silvicultural
Activities</header>
</appropriations-small></section><section commented="no" id="H843F3382741B404194F24467ED991346" section-type="subsequent-section"><enum>429.</enum><text display-inline="yes-display-inline">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.</text>
<appropriations-small commented="no" id="id28115099B3274CA5B07EAC9A3E1D38AE"><header>Claim maintenance fee
amendments</header>
</appropriations-small></section><section id="H3DEBA2C1A2A648DDA5BD007762464BDD"><enum>430.</enum><text display-inline="yes-display-inline">Section 10101 of the Omnibus Budget
Reconciliation Act of 1993 (30 U.S.C. 28f) is amended—</text>
<paragraph id="idFD3FD5DB187043F2B54C1238CD7320C1"><enum>(1)</enum><text display-inline="yes-display-inline">in subsection (a)—</text>
<subparagraph id="id62BAB953599E4790B90D99085D5B8258"><enum>(A)</enum><text display-inline="yes-display-inline">by striking so much as precedes the second
sentence and inserting the following:</text>
<quoted-block display-inline="no-display-inline" id="idA1A6E12B6780480F85BA35599D4116E2" style="appropriations">
<subsection id="id733F45E00A6D45B9A3179853DB3E8A30"><enum>(a)</enum><header>Claim
maintenance fee</header>
<paragraph id="idBDF7B9C042F3469EB2241B0AF91CE08F"><enum>(1)</enum><header>Lode mining
claims, mill sites, and tunnel sites</header><text display-inline="yes-display-inline">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.</text>
</paragraph></subsection><after-quoted-block>;
and</after-quoted-block></quoted-block>
</subparagraph><subparagraph id="id318729374A22494BAB5FD06D7A8B2EA3"><enum>(B)</enum><text display-inline="yes-display-inline">by adding at the end the following:</text>
<quoted-block display-inline="no-display-inline" id="idA02D8C6BB7C248BA936F19DB2A090D59" style="appropriations">
<paragraph id="idE23278B8618542BC9C5F9983DAC70531"><enum>(2)</enum><header>Placer mining
claims</header><text display-inline="yes-display-inline">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.</text>
</paragraph><after-quoted-block>;
and</after-quoted-block></quoted-block>
</subparagraph></paragraph><paragraph id="idCCE29502BDC74D34A306A685BD00AD69"><enum>(2)</enum><text display-inline="yes-display-inline">in subsection (b), by striking the first
sentence and inserting the following: <quote>The claim maintenance fee under
subsection (a) shall be paid for the year in which the location is made, at the
time the location notice is recorded with the Bureau of Land
Management.</quote>.</text>
</paragraph></section><appropriations-small commented="no" id="H152847B7659A4CF09C430C2D8C3C9AD6"><header>Domestic Livestock
Grazing</header>
</appropriations-small><section commented="no" id="H16CAE3A7FDB74042A5C236C2F91BE9DE"><enum>431.</enum><subsection commented="no" display-inline="yes-display-inline" id="id67F32F4172DA403287F03DAA2062DD70"><enum>(a)</enum><header>Prohibition regarding
potential domestic sheep and bighorn sheep contact on national forest system
land</header><text display-inline="yes-display-inline">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—</text>
<paragraph commented="no" id="idA9A5B1D623344F589FC811426F4AEE51"><enum>(1)</enum><text display-inline="yes-display-inline">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</text>
</paragraph><paragraph commented="no" id="id2031B3AEFADD436AB8DEE415350E564E"><enum>(2)</enum><text display-inline="yes-display-inline">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.</text>
</paragraph></subsection><subsection commented="no" id="id8AA92F61AA64473CA6660D984D1132E0"><enum>(b)</enum><header>Exception</header><text display-inline="yes-display-inline">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—</text>
<paragraph commented="no" id="id605C62C3FD884E2C9789484D7C97BD4C"><enum>(1)</enum><text display-inline="yes-display-inline">are consistent with the wildlife plans of
the relevant State fish and game agency and determined in consultation with
that agency; and</text>
</paragraph><paragraph commented="no" id="idC1E889A392CE458E941A84C46721B91C"><enum>(2)</enum><text display-inline="yes-display-inline">are developed in consultation with the
affected permittees.</text>
</paragraph></subsection><subsection commented="no" id="id646785490BFB4C1B9D4FED1D8155C21E"><enum>(c)</enum><header>Bureau of land
management lands</header><text display-inline="yes-display-inline">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.</text>
</subsection><subsection commented="no" id="idEF382657CD234C2CA9DB5FFDDA5A2C52"><enum>(d)</enum><header>Voluntary
closure of allotments</header><text display-inline="yes-display-inline">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.</text>
</subsection><subsection commented="no" id="id18BC57C1BE9C487994B6BF2DBB3B13DD"><enum>(e)</enum><header>Waiver of
grazing permits and leases</header><text display-inline="yes-display-inline">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—</text>
<paragraph commented="no" id="id2D9A0DCC924B4D77989419A480CCF034"><enum>(1)</enum><text display-inline="yes-display-inline">terminate each permit or lease waived or
portion of a permit or lease waived under this subsection;</text>
</paragraph><paragraph commented="no" id="id2DB3FD6B60394AA0B02127406FE970B1"><enum>(2)</enum><text display-inline="yes-display-inline">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</text>
</paragraph><paragraph commented="no" id="idFD65342E0DB14698B855B450A808019B"><enum>(3)</enum><text display-inline="yes-display-inline">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).</text>
</paragraph></subsection></section><appropriations-small commented="no" id="H370D135EDEC24C4E80565D41CC444DF6"><header>Air Emissions From Outer
Continental Shelf Activities</header>
</appropriations-small><section commented="no" id="H87F0ECB588974FA3821EB3469E571865"><enum>432.</enum><subsection commented="no" display-inline="yes-display-inline" id="H24E847E6CEB14C6EACFB80B931971C7E"><enum>(a)</enum><text display-inline="yes-display-inline">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.</text>
</subsection><subsection commented="no" id="id332BAE25AF494DD592E64B7016E104A9"><enum>(b)</enum><text display-inline="yes-display-inline">Section 328(a)(1) of the Clean Air Act (42
U.S.C. 7627(a)(1)) is amended—</text>
<paragraph commented="no" id="id84A1C2B568874121A948AD043B34348F"><enum>(1)</enum><text display-inline="yes-display-inline">in the first sentence, by inserting
<quote>(other than Outer Continental Shelf sources located offshore of the
North Slope Borough of the State of Alaska)</quote> after <quote>Outer
Continental Shelf sources located offshore of the States along the Pacific,
Arctic and Atlantic Coasts</quote>; and</text>
</paragraph><paragraph commented="no" id="idF9FD505B1D9841FCA489C365FE7ECB89"><enum>(2)</enum><text display-inline="yes-display-inline">in the fourth sentence, by inserting
<quote>and this Act</quote> after ‘‘regulations’’.</text>
</paragraph></subsection><subsection commented="no" id="id7FDA6252CB95464DAA11498063EB536B"><enum>(c)</enum><text display-inline="yes-display-inline">Section 328(b) of the Clean Air Act (42
U.S.C. 7627(b)) is amended in the first sentence—</text>
<paragraph commented="no" id="idA96500212E0F491DB95D094798A0983A"><enum>(1)</enum><text display-inline="yes-display-inline">by striking ‘‘Gulf Coast’’; and</text>
</paragraph><paragraph commented="no" id="idBBA9554FFB794094BAB94CFD6CD0D0CF"><enum>(2)</enum><text display-inline="yes-display-inline">by inserting ‘‘or are adjacent to the North
Slope Borough of the State of Alaska’’ after ‘‘Alabama’’.</text>
</paragraph></subsection><subsection commented="no" id="id79DFEE7C6925464D83D2C35C6F5EB3F2"><enum>(d)</enum><text display-inline="yes-display-inline">The transfer of air quality permitting
authority pursuant to this section shall not invalidate or stay—</text>
<paragraph commented="no" id="id1C0AFB152CC4432A86477C5770AD8779"><enum>(1)</enum><text display-inline="yes-display-inline">any air quality permit pending or existing
as of the date of the enactment of this Act; or</text>
</paragraph><paragraph commented="no" id="idC7B559B949394BF7BDFFCB62297AD8D5"><enum>(2)</enum><text display-inline="yes-display-inline">any proceeding related thereto.</text>
</paragraph></subsection><subsection commented="no" id="idED7A1741452649A49818A435BCDD89C5"><enum>(e)</enum><paragraph commented="no" display-inline="yes-display-inline" id="idE4CE31C57F95427985846105818C240E"><enum>(1)</enum><text display-inline="yes-display-inline">The Comptroller General of the United
States shall undertake a study on the process for air quality permitting in the
Outer Continental Shelf.</text>
</paragraph><paragraph commented="no" id="id81A9AC20368547E69961074595ED8805" indent="up1"><enum>(2)</enum><text display-inline="yes-display-inline">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.</text>
</paragraph><paragraph commented="no" id="id05F867F534014CBCB92E149502E1BB2D" indent="up1"><enum>(3)</enum><text display-inline="yes-display-inline">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.</text>
</paragraph><paragraph commented="no" id="id544C4C4F45F2421A9BE765EA9FDEEFAF" indent="up1"><enum>(4)</enum><text display-inline="yes-display-inline">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.</text>
</paragraph></subsection></section><appropriations-small id="H6706523A9EA247C482ED3EC7D828795A"><header> Funding
prohibition</header>
</appropriations-small><section id="H70893DD306EC4709A07567789E0ECACA"><enum>433.</enum><text display-inline="yes-display-inline">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.</text>
<appropriations-small id="H2543FE85DCFD403ABC02BCBC1AEA2291"><header> Limitation with respect to
delinquent tax debts</header>
</appropriations-small></section><section id="HF34EE74715D7451D9BAF4A1F02E3E924"><enum>434.</enum><text display-inline="yes-display-inline">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.</text>
</section><section id="H6AEA535928F84D85B714D2FC5478E90A"><enum>435.</enum><header>Alaska native regional health
entities</header><subsection commented="no" display-inline="yes-display-inline" id="id0B7C4038C659476CAC09FD569D71ED15"><enum>(a)</enum><text display-inline="yes-display-inline">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.</text>
</subsection><subsection id="H77698FF8C3634253884C435E1DD84C16"><enum>(b)</enum><text>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.</text>
</subsection><subsection commented="no" display-inline="no-display-inline" id="H573A1D7C4C4F43C7953DD94824978A24"><enum>(c)</enum><text>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.</text>
</subsection></section><appropriations-small commented="no" id="id5E97637636A64F7DB6F8930E77FC784B"><header>General
reduction</header>
</appropriations-small><section commented="no" display-inline="no-display-inline" id="id7565904D1F2344069979859E24345AA0"><enum>436.</enum><subsection commented="no" display-inline="yes-display-inline" id="idF146D6DF96B142C8AC22E6E9B1454420"><enum>(a)</enum><header>Across-the-Board
rescissions</header><text display-inline="yes-display-inline">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.</text>
</subsection><subsection commented="no" display-inline="no-display-inline" id="id0D06572A9F1F4C3CB41CA0C5C10B3565"><enum>(b)</enum><header>Proportionate
application</header><text display-inline="yes-display-inline">Any rescission
made by subsection (a) shall be applied proportionately—</text>
<paragraph commented="no" display-inline="no-display-inline" id="id4C9B3588F6B744A7B0FC281A7C19C0E7"><enum>(1)</enum><text display-inline="yes-display-inline">to each discretionary account and each item
of budget authority described in subsection (a); and</text>
</paragraph><paragraph commented="no" display-inline="no-display-inline" id="id513F0CC621B249ABBAB6F1B629765D79"><enum>(2)</enum><text display-inline="yes-display-inline">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).</text>
</paragraph></subsection><subsection commented="no" display-inline="no-display-inline" id="idE1AB5DEAF88B435A9FD4154C56A82224"><enum>(c)</enum><header>Indian land and
water claim settlements</header><text display-inline="yes-display-inline">Under
the heading <quote>Bureau of Indian Affairs, Indian Land and Water Claim
Settlements and Miscellaneous Payments to Indians</quote>, 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.</text>
</subsection><subsection commented="no" display-inline="no-display-inline" id="id3C2ADBAD30ED451E9FF2A89B4D5E1492"><enum>(d)</enum><header>OMB
report</header><text display-inline="yes-display-inline">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.</text>
</subsection><subsection commented="no" display-inline="no-display-inline" id="idDFBC60BB1A3244C9ACAE0656E497C8C0"><enum></enum><text display-inline="yes-display-inline">This division may be cited as the
<quote><short-title>Department of the Interior,
Environment, and Related Agencies Appropriations Act,
2012</short-title></quote>.</text>
</subsection></section>FDEPARTMENTS OF
LABOR, HEALTH AND HUMAN SERVICES, EDUCATION, AND RELATED AGENCIES
APPROPRIATIONS ACT, 2012
<enum>I</enum><header display-inline="no-display-inline">Department of Labor</header>
<appropriations-intermediate commented="no" id="H5581A9C140014CF982F2DC839BC00325"><header display-inline="yes-display-inline">Employment and training
administration</header>
</appropriations-intermediate><appropriations-small commented="no" id="HE96E19DA9B06488D86162AB8C5059331"><header display-inline="yes-display-inline">Training and employment
services</header>
</appropriations-small><appropriations-small commented="no" id="HDC77B0BCDF604952B36A4DAA58B7166E"><header display-inline="yes-display-inline">(Including transfer of funds)</header><text display-inline="no-display-inline">For necessary expenses of the Workforce
Investment Act of 1998 (referred to in this Act as <quote>WIA</quote>), the
Second Chance Act of 2007, and the Women in Apprenticeship and Non-Traditional
Occupations Act of 1992 (<quote>WANTO</quote>), 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:</text>
<paragraph commented="no" display-inline="no-display-inline" id="HC474F0463D6D4855979D2CB69885F070"><enum>(1)</enum><text display-inline="yes-display-inline">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:</text>
<subparagraph commented="no" display-inline="no-display-inline" id="HE0FB951C90C34B308AF31B9A9565DB4E"><enum>(A)</enum><text display-inline="yes-display-inline">$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;</text>
</subparagraph><subparagraph commented="no" display-inline="no-display-inline" id="HDF7DD95838D7460899F317D81F2FBE4F"><enum>(B)</enum><text display-inline="yes-display-inline">$825,914,000 for youth activities, which
shall be available for the period April 1, 2012 through June 30, 2013;
and</text>
</subparagraph><subparagraph commented="no" display-inline="no-display-inline" id="HD43B6B08768E4C76B74E40E9A80654EB"><enum>(C)</enum><text display-inline="yes-display-inline">$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:</text>
</subparagraph><continuation-text commented="no" continuation-text-level="paragraph"><proviso><italic>Provided,</italic></proviso>
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:
<proviso><italic>Provided further</italic></proviso>, 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:
<proviso><italic> Provided further,</italic></proviso> 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;</continuation-text></paragraph><paragraph commented="no" display-inline="no-display-inline" id="H86725FEC13464091A82203C464ABFBBA"><enum>(2)</enum><text display-inline="yes-display-inline">for federally administered programs,
$487,053,000 as follows:</text>
<subparagraph commented="no" display-inline="no-display-inline" id="H038472C6DA704C5C8B42CD049D5C023F"><enum>(A)</enum><text display-inline="yes-display-inline">$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:
<proviso><italic>Provided</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, That none of
the funds shall be obligated to carry out section 173(e) of the WIA;</text>
</subparagraph><subparagraph commented="no" display-inline="no-display-inline" id="HAD47C8BA56CA437FABCFCBA1B6F78AEB"><enum>(B)</enum><text display-inline="yes-display-inline">$47,652,000 for Native American programs,
which shall be available for the period July 1, 2012 through June 30,
2013;</text>
</subparagraph><subparagraph commented="no" display-inline="no-display-inline" id="HF157F9DFE2294057AFF7BA368B007AB9"><enum>(C)</enum><text display-inline="yes-display-inline">$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:
<proviso><italic>Provided</italic></proviso>, 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;</text>
</subparagraph><subparagraph commented="no" display-inline="no-display-inline" id="H4425A8EE20F243B0BC25588B138D33CE"><enum>(D)</enum><text display-inline="yes-display-inline">$998,000 for carrying out the WANTO, which
shall be available for the period July 1, 2012 through June 30, 2013;
and</text>
</subparagraph><subparagraph commented="no" display-inline="no-display-inline" id="H2B68A359C5C84C7485D507FDB3CD0666"><enum>(E)</enum><text display-inline="yes-display-inline">$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</text>
</subparagraph><subparagraph commented="no" display-inline="no-display-inline" id="id4B7EB778B8144D4D89D570613F27EAEA"><enum>(F)</enum><text display-inline="yes-display-inline">$50,000,000 to be available to the
Secretary of Labor (referred to in this title as <quote>Secretary</quote>) 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:
<proviso><italic>Provided</italic></proviso>, 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:
<proviso><italic> Provided further,</italic></proviso> 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;</text>
</subparagraph></paragraph><paragraph commented="no" display-inline="no-display-inline" id="HEA6041BDDE0A48CFB4D402E0ED2B2112"><enum>(3)</enum><text display-inline="yes-display-inline">for national activities, $103,062,000, as
follows:</text>
<subparagraph commented="no" display-inline="no-display-inline" id="HEBE7D18EF1CC451C9F1F1C1CA9D62CC8"><enum>(A)</enum><text display-inline="yes-display-inline">$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:
<proviso><italic>Provided</italic></proviso>, 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
<quote>State Unemployment Insurance and Employment Service Operations</quote>
to carry out such implementation activities;</text>
</subparagraph><subparagraph commented="no" display-inline="no-display-inline" id="H4C6BB9F6F4EC44C6A8FAFF4EC6E2706B"><enum>(B)</enum><text display-inline="yes-display-inline">$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:
<proviso><italic>Provided</italic></proviso>, 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;</text>
</subparagraph><subparagraph commented="no" display-inline="no-display-inline" id="H457BB3E54A1640BBB780DB7A71D1FB29"><enum>(C)</enum><text display-inline="yes-display-inline">$9,581,000 for Evaluation, which shall be
available for the period July 1, 2012 through June 30, 2013; and</text>
</subparagraph><subparagraph commented="no" display-inline="no-display-inline" id="HD71B67AA6FC7405F875C90F05B224B70"><enum>(D)</enum><text display-inline="yes-display-inline">$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).</text>
</subparagraph></paragraph></appropriations-small><appropriations-small commented="no" id="idD161DB3FCA3F473BA3FD4CFF43BDA023"><header display-inline="yes-display-inline">Office of Jobs Corps</header><text display-inline="no-display-inline">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:</text>
<paragraph commented="no" display-inline="no-display-inline" id="xxx003"><enum>(1)</enum><text display-inline="yes-display-inline">$1,572,049,000 for Job Corps Operations,
which shall be available for the period July 1, 2012 through June 30,
2013;</text>
</paragraph><paragraph commented="no" display-inline="no-display-inline" id="xxx004"><enum>(2)</enum><text display-inline="yes-display-inline">$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:
<proviso><italic>Provided</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, That any funds
transferred pursuant to the preceding proviso shall not be available for
obligation after June 30, 2013; and</text>
</paragraph><paragraph commented="no" display-inline="no-display-inline" id="xxx005"><enum>(3)</enum><text display-inline="yes-display-inline">$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:</text>
</paragraph></appropriations-small><section id="LEXA-Repairid2537242D5CDB4CA7B4203A8F4A97E23E"><continuation-text continuation-text-level="section"><proviso><proviso><italic>Provided
further</italic>,</proviso></proviso> That no funds from any other
appropriation shall be used to provide meal services at or for Job Corps
centers.</continuation-text></section><appropriations-small commented="no" id="H05FF47CAB6FB4563AF999D99C541D0D4"><header display-inline="yes-display-inline">Community service employment for older
americans</header><text display-inline="no-display-inline">To carry out title V
of the Older Americans Act of 1965 (referred to in this Act as
<quote>OAA</quote>), $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.</text>
</appropriations-small><appropriations-small commented="no" id="HB050445236784BD3AEB74E53282D9719"><header display-inline="yes-display-inline">Federal unemployment benefits and
allowances</header><text display-inline="no-display-inline">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
<act-name parsable-cite="TA74">Trade Act of 1974</act-name>, 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.</text>
</appropriations-small><appropriations-small commented="no" id="H74372A6CCFF44F2BB75BCB5C25B4BC13"><header display-inline="yes-display-inline">State unemployment insurance and employment
service operations</header><text display-inline="no-display-inline">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 (<quote>the Trust
Fund</quote>), of which:</text>
<paragraph commented="no" display-inline="no-display-inline" id="H1DBD7C5F43BE49F49203C197641291E4"><enum>(1)</enum><text display-inline="yes-display-inline">$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;</text>
</paragraph><paragraph commented="no" display-inline="no-display-inline" id="H676EF5B8219F42079C0D56ECB6C5E209"><enum>(2)</enum><text display-inline="yes-display-inline">$11,287,000 from the Trust Fund is for
national activities necessary to support the administration of the
Federal-State unemployment insurance system;</text>
</paragraph><paragraph commented="no" display-inline="no-display-inline" id="H1614D67C563B471288FFA02835F44185"><enum>(3)</enum><text display-inline="yes-display-inline">$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;</text>
</paragraph><paragraph commented="no" display-inline="no-display-inline" id="HD0478A6C5525406B9FB7645A7E93A960"><enum>(4)</enum><text display-inline="yes-display-inline">$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;</text>
</paragraph><paragraph commented="no" display-inline="no-display-inline" id="H30154BEDCD404A3EBC0E5CF7C9726410"><enum>(5)</enum><text display-inline="yes-display-inline">$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</text>
</paragraph><paragraph commented="no" display-inline="no-display-inline" id="H6AF0227978F04CCABD32D1B0D59BE54C"><enum>(6)</enum><text display-inline="yes-display-inline">$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:</text>
</paragraph><subsection id="LEXA-RepairidCC58767B345947519C951FF8104AFD63"><enum></enum><continuation-text commented="no" continuation-text-level="subsection"><proviso><italic>Provided</italic></proviso>,
That to the extent that the Average Weekly Insured Unemployment
(<quote>AWIU</quote>) 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 <act-name parsable-cite="SSA">Social Security Act</act-name>:
<proviso><italic>Provided further</italic></proviso>, That funds
appropriated in this Act that are allotted to a State to carry out activities
under title III of the <act-name parsable-cite="SSA">Social Security
Act</act-name> 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:
<proviso><italic>Provided further</italic></proviso>, That the
Secretary may use funds appropriated for grants to States under title III of
the <act-name parsable-cite="SSA">Social Security Act</act-name> 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:
<proviso><italic>Provided further</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, That funds
appropriated under this Act for activities authorized under title III of the
<act-name parsable-cite="SSA">Social Security Act</act-name> 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:
<proviso><italic>Provided further,</italic></proviso> 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
<act-name parsable-cite="SSA">Social Security Act</act-name> 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.</continuation-text></subsection></appropriations-small><section display-inline="no-display-inline" id="H52EC4308BA5A484485DF4B6A70E0E4F8" section-type="undesignated-section"><text display-inline="yes-display-inline">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.</text>
<appropriations-small commented="no" id="H153EA7C1B20A4D3F8FF4D5D4256B1230"><header display-inline="yes-display-inline">Advances to the unemployment trust fund and
other funds</header><text display-inline="no-display-inline">For repayable
advances to the Unemployment Trust Fund as authorized by sections 905(d) and
1203 of the <act-name parsable-cite="SSA">Social Security Act</act-name>, 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
<quote>Federal Unemployment Benefits and Allowances</quote> account, such sums
as may be necessary, which shall be available for obligation through September
30, 2013.</text>
</appropriations-small><appropriations-small commented="no" id="H7A11CF29185147C2936B75C79FA81422"><header display-inline="yes-display-inline">Program administration</header><text display-inline="no-display-inline">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.</text>
</appropriations-small><appropriations-intermediate commented="no" id="HEC2F84D9A9054200ABEF52A23BB1323B"><header display-inline="yes-display-inline">Employee benefits security
administration</header>
</appropriations-intermediate><appropriations-small commented="no" id="H0AF252337F2F4988A1C4347829111DF5"><header display-inline="yes-display-inline">Salaries and expenses</header><text display-inline="no-display-inline">For necessary expenses for the Employee
Benefits Security Administration, $183,500,000.</text>
</appropriations-small><appropriations-intermediate commented="no" id="H15FDCCC4ED294D61B0CDFF3670F7FC72"><header display-inline="yes-display-inline">Pension Benefit Guaranty
Corporation</header>
</appropriations-intermediate><appropriations-small commented="no" id="HCF6427DA55D54938B899049C5FA218AE"><header display-inline="yes-display-inline">Pension benefit guaranty corporation
fund</header><text display-inline="no-display-inline">The Pension Benefit
Guaranty Corporation (<quote>Corporation</quote>) 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:
<proviso><italic>Provided</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, 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.</text>
</appropriations-small><appropriations-intermediate commented="no" id="HF394960EA43F4CDF86277A566034C1FF"><header display-inline="yes-display-inline">Wage and Hour
Division</header>
</appropriations-intermediate><appropriations-small commented="no" id="HA41A9B231FBF450994A5DA517F85579D"><header display-inline="yes-display-inline">Salaries and
expenses</header>
</appropriations-small><appropriations-small commented="no" id="H1D1B9E665D5E4EE98B0BA8703FDAB8C7"><text display-inline="no-display-inline">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.</text>
</appropriations-small><appropriations-intermediate commented="no" id="id18F2B96C6807438E942AFD13C29BBFDC"><header display-inline="yes-display-inline">Office of Labor Management
Standards</header>
</appropriations-intermediate><appropriations-small commented="no" id="idB8E79F3653434B7B8C5958AC8557C848"><header display-inline="yes-display-inline">Salaries and expenses</header><text display-inline="no-display-inline">For necessary expenses for the Office of
Labor Management Standards, $41,367,000.</text>
</appropriations-small><appropriations-intermediate commented="no" id="idFC62FF8144C24DD595B42FD3E1D498F1"><header display-inline="yes-display-inline">Office of Federal Contract Compliance
Programs</header>
</appropriations-intermediate><appropriations-small commented="no" id="idD9A68091FFCF490E8861842740C07FC2"><header display-inline="yes-display-inline">Salaries and expenses</header><text display-inline="no-display-inline">For necessary expenses for the Office of
Federal Contract Compliance Programs,
$105,386,000.</text>
</appropriations-small><appropriations-intermediate commented="no" id="idFB2E37B2B77E4D49B3BF79340CC27035"><header display-inline="yes-display-inline">Office of Workers' Compensation
Programs</header>
</appropriations-intermediate><appropriations-small commented="no" id="idC26F11B4152C4DE58ECC24279E203A56"><header display-inline="yes-display-inline">Salaries and expenses</header><text display-inline="no-display-inline">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.</text>
</appropriations-small><appropriations-small commented="no" id="HD1436489A09B462FB2C1034EAABF7271"><header display-inline="yes-display-inline">Special
benefits</header>
</appropriations-small><appropriations-small commented="no" id="H3DB280CA1E8342E1B58C9095AB0AEBAF"><header display-inline="yes-display-inline">(including transfer of funds)</header><text display-inline="no-display-inline">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 <quote>Civilian War Benefits</quote> 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:
<proviso><italic>Provided</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, That balances of
reimbursements unobligated on September 30, 2011, shall remain available until
expended for the payment of compensation, benefits, and expenses:
<proviso><italic>Provided further</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, 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:</text>
<paragraph commented="no" display-inline="no-display-inline" id="HC0CF70CDF9144041840B170A3520BC71"><enum>(1)</enum><text display-inline="yes-display-inline">For enhancement and maintenance of
automated data processing systems and telecommunications systems,
$17,253,000;</text>
</paragraph><paragraph commented="no" display-inline="no-display-inline" id="H3B8668D12EF946F3BA885D82AFD4265E"><enum>(2)</enum><text display-inline="yes-display-inline">For automated workload processing
operations, including document imaging, centralized mail intake, and medical
bill processing, $26,769,000;</text>
</paragraph><paragraph commented="no" display-inline="no-display-inline" id="H78FD0F40B643468DAD4B9B2C4E0B9167"><enum>(3)</enum><text display-inline="yes-display-inline">For periodic roll management and medical
review, $15,466,000; and</text>
</paragraph><paragraph commented="no" display-inline="no-display-inline" id="HCD1A39D118F8481FA3BECE4620EAA9EF"><enum>(4)</enum><text display-inline="yes-display-inline">The remaining funds shall be paid into the
Treasury as miscellaneous receipts:</text>
</paragraph><subsection id="LEXA-RepairidCE223A85C6264783939F8D7F1DDAAB1C"><enum></enum><continuation-text commented="no" continuation-text-level="subsection"><proviso><italic>Provided
further</italic></proviso>, 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.</continuation-text></subsection></appropriations-small><appropriations-small commented="no" id="H34EF78F355BB4901AEA7031FB2DE6582"><header display-inline="yes-display-inline">Special benefits for disabled coal
miners</header><text display-inline="no-display-inline">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.</text><text display-inline="no-display-inline">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.</text><text display-inline="no-display-inline">For making benefit
payments under title IV for the first quarter of fiscal year 2013, $40,000,000,
to remain available until expended.</text>
</appropriations-small><appropriations-small commented="no" id="H0F9286C8DF2545B9B6516E6F94F1FEA2"><header display-inline="yes-display-inline">Administrative expenses, energy employees
occupational illness compensation fund</header><text display-inline="no-display-inline">For necessary expenses to administer the
Energy Employees Occupational Illness Compensation Program Act, $52,147,000, to
remain available until expended:
<proviso><italic>Provided</italic></proviso>, 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.</text>
</appropriations-small><appropriations-small id="HB82C86CECA484F6390D89A9A3385AFC3"><header>Black lung
disability trust fund</header>
</appropriations-small><appropriations-small commented="no" id="H067DEFF34EF44F2AA05D9FE37BF05B8E"><header>(including transfer of
funds)</header><text display-inline="no-display-inline">Such sums as may be
necessary from the Black Lung Disability Trust Fund (<quote>Fund</quote>), 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, <quote>Salaries and Expenses</quote>; not to exceed $25,217,000 for
transfer to Departmental Management, <quote>Salaries and Expenses</quote>; not
to exceed $327,000 for transfer to Departmental Management, <quote>Office of
Inspector General</quote>; and not to exceed $356,000 for payments into
miscellaneous receipts for the expenses of the Department of the
Treasury.</text>
</appropriations-small><appropriations-intermediate commented="no" id="H059E58F4E6EB4B5DA6B97EDB09936FB1"><header display-inline="yes-display-inline">Occupational safety and health
administration</header>
</appropriations-intermediate><appropriations-small commented="no" id="H9E24BB46AA994AF58D8EBCEB672D6A2A"><header display-inline="yes-display-inline">Salaries and expenses</header><text display-inline="no-display-inline">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
(<quote>Act</quote>), 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:
<proviso><italic>Provided</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, 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—</text>
<paragraph commented="no" display-inline="no-display-inline" id="H4067EEED98E046E4B36FA87FA8AB33DB"><enum>(1)</enum><text display-inline="yes-display-inline">to provide, as authorized by the Act,
consultation, technical assistance, educational and training services, and to
conduct surveys and studies;</text>
</paragraph><paragraph commented="no" display-inline="no-display-inline" id="H367F506FB5544F07AFE7476B1FFE2436"><enum>(2)</enum><text display-inline="yes-display-inline">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;</text>
</paragraph><paragraph commented="no" display-inline="no-display-inline" id="H02A0C9D463F240A6852EE278293964D8"><enum>(3)</enum><text display-inline="yes-display-inline">to take any action authorized by the Act
with respect to imminent dangers;</text>
</paragraph><paragraph commented="no" display-inline="no-display-inline" id="H5AC537E98ACD441B8662AFF4D68F2630"><enum>(4)</enum><text display-inline="yes-display-inline">to take any action authorized by the Act
with respect to health hazards;</text>
</paragraph><paragraph commented="no" display-inline="no-display-inline" id="HF32D9B86F56B4537B7D77E36BAFFDD2D"><enum>(5)</enum><text display-inline="yes-display-inline">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</text>
</paragraph><paragraph commented="no" display-inline="no-display-inline" id="H79D7FAD1D4F1487ABCF31AF2A57462D5"><enum>(6)</enum><text display-inline="yes-display-inline">to take any action authorized by the Act
with respect to complaints of discrimination against employees for exercising
rights under the Act:</text>
</paragraph></appropriations-small><continuation-text commented="no" continuation-text-level="section"><proviso><italic>Provided
further</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, That
$10,729,000 shall be available for Susan Harwood training grants.</continuation-text></section><appropriations-intermediate commented="no" id="H6EF9F2A3A4CC422495F50A5D1A3FF26F"><header display-inline="yes-display-inline">Mine safety and health
administration</header>
</appropriations-intermediate><appropriations-small commented="no" id="H88092FAA60B44B13A0247F180EA80041"><header display-inline="yes-display-inline">Salaries and
expenses</header>
</appropriations-small><appropriations-small commented="no" id="id3DE0C8617E5C4477AFB5ABC2FA01437E"><header display-inline="yes-display-inline">(including transfer of funds)</header><text display-inline="no-display-inline">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 <quote>Departmental Management</quote> 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.</text>
</appropriations-small><appropriations-intermediate commented="no" id="H21E78C0018E14101B93268F743F51B3A"><header display-inline="yes-display-inline">Bureau of labor
statistics</header>
</appropriations-intermediate><appropriations-small commented="no" id="H7EC390AFECA84FEA81241B6A325B90FE"><header display-inline="yes-display-inline">Salaries and expenses</header><text display-inline="no-display-inline">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.</text>
</appropriations-small><appropriations-intermediate commented="no" id="HC1C4561A7B8844B1AB25002F5B373976"><header display-inline="yes-display-inline">Office of disability employment
policy</header>
</appropriations-intermediate><appropriations-small commented="no" id="H64506A59F61D4AAC947730FC6FFCBAA7"><header display-inline="yes-display-inline">Salaries and expenses</header><text display-inline="no-display-inline">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.</text>
</appropriations-small><appropriations-intermediate commented="no" id="HE5E0BB9D7E2249C7A2EFBBF16778706C"><header display-inline="yes-display-inline">Departmental
management</header>
</appropriations-intermediate><appropriations-small commented="no" id="H25CEBDF1AE6D4D4C8019798EFBCE937C"><header display-inline="yes-display-inline">Salaries and
expenses</header>
</appropriations-small><appropriations-small commented="no" id="H5287EC7DCA47401AA9CAD2F95FC73A05"><header display-inline="yes-display-inline">(Including transfer of funds)</header><text display-inline="no-display-inline">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:
<proviso><italic>Provided</italic></proviso>, That $66,500,000 for the
Bureau of International Labor Affairs shall be available for obligation through
December 31, 2012:
<proviso><italic>Provided further</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, That $40,000,000
shall be for programs to combat exploitative child labor internationally:
<proviso><italic>Provided further</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, That $8,500,000
shall be used for program evaluation and shall be available for obligation
through September 30, 2013:
<proviso><italic> Provided further,</italic></proviso> That funds
available for program evaluation may be transferred to any other appropriate
account in the Department for such purpose:
<proviso><italic> Provided further,</italic></proviso> 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.</text>
</appropriations-small><appropriations-small commented="no" id="H0FC90327A6AC4752B66175882AD423ED"><header display-inline="yes-display-inline">Veterans employment and
training</header><text display-inline="no-display-inline">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.</text>
</appropriations-small><appropriations-small commented="no" id="HCA602352BCAE42DDB92D6D049EDBB788"><text display-inline="no-display-inline">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.</text>
</appropriations-small><appropriations-small id="H1284D9514146465D83D6F437A1C695DF"><header> IT
modernization</header><text display-inline="no-display-inline">For necessary
expenses for Department of Labor centralized infrastructure technology
investment activities related to support systems and modernization,
$19,852,000.</text>
</appropriations-small><appropriations-small commented="no" id="HB49AC20AF1B8496CAB8DD087082F83A7"><header display-inline="yes-display-inline">Office of inspector general</header><text display-inline="no-display-inline">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.</text>
</appropriations-small><appropriations-intermediate commented="no" id="HA341F6A146D34DE295E6E54047F8DD67"><header display-inline="yes-display-inline">General
provisions</header>
</appropriations-intermediate><section commented="no" display-inline="no-display-inline" id="H8F871A370D564724B8D596314B165A7F" section-type="subsequent-section"><enum>101.</enum><text display-inline="yes-display-inline">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.</text>
<appropriations-small commented="no" id="H43969BF5E7924364AF131D7CA6AB9AC5"><header display-inline="yes-display-inline">(transfer of
funds)</header>
</appropriations-small></section><section commented="no" display-inline="no-display-inline" id="H77E6363D48E54D92BCA55207D0252F00" section-type="subsequent-section"><enum>102.</enum><text display-inline="yes-display-inline">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:
<proviso><italic>Provided</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, That the
Committees on Appropriations of the House of Representatives and the Senate are
notified at least 15 days in advance of any transfer.</text>
</section><section id="HC114DA927417447E99916693F63CDAAC"><enum>103.</enum><text display-inline="yes-display-inline">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.</text>
</section><section commented="no" display-inline="no-display-inline" id="H0E76F76336054F93B01B8DECF05DBA1F" section-type="subsequent-section"><enum>104.</enum><text display-inline="yes-display-inline">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.</text>
</section><section commented="no" display-inline="no-display-inline" id="H01700B534345487BBC6A256719A7AEA0" section-type="subsequent-section"><enum>105.</enum><text display-inline="yes-display-inline">None of the funds made available by this
Act under the heading <quote>Employment and Training Administration</quote>
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.</text>
</section><section commented="no" display-inline="no-display-inline" id="HDB40110B7D8447EAAF149E75637DDD01" section-type="subsequent-section"><enum>106.</enum><text display-inline="yes-display-inline">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.</text>
<appropriations-small id="id199C97EB74E44A10B31C1FFF19A1ED71"><header>(Including Transfer of
Funds)</header>
</appropriations-small></section><section display-inline="no-display-inline" id="H58F4C3480F9E4F30B088BB573CAFE791"><enum>107.</enum><text display-inline="yes-display-inline">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 <quote>Program
Administration</quote> when it is determined that those services will be more
efficiently performed by Federal employees.</text>
<appropriations-small commented="no" id="id22747D007F7641FF8DE648A0415C9D54"><header display-inline="yes-display-inline">(including transfer of
funds)</header>
</appropriations-small></section><section commented="no" display-inline="no-display-inline" id="ID1DEE5FC4C1494F9FBC822A32EB320495" section-type="subsequent-section"><enum>108.</enum><subsection commented="no" display-inline="yes-display-inline" id="yyy0900"><enum>(a)</enum><text display-inline="yes-display-inline">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 <quote>Departmental
Management</quote> 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:
<proviso><italic>Provided</italic></proviso>, 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.</text>
</subsection><subsection commented="no" display-inline="no-display-inline" id="yyy1000"><enum>(b)</enum><text display-inline="yes-display-inline">The
accounts referred to in subsection (a) are: <quote>Office of Job Corps</quote>,
<quote>State Unemployment Insurance and Employment Service Operations</quote>,
<quote>Employee Benefits Security Administration</quote>, <quote>Office of
Workers' Compensation Programs</quote>, <quote>Wage and Hour Division</quote>,
<quote>Office of Federal Contract Compliance Programs</quote>, <quote>Office of
Labor Management Standards</quote>, <quote>Occupational Safety and Health
Administration</quote>, <quote>Mine Safety and Health Administration</quote>,
and <quote>Veterans Employment and Training</quote>.</text>
</subsection></section><section id="H038D61E8E7AE4CE39211EB792C3B8032"><enum>109.</enum><text display-inline="yes-display-inline">None of the funds made available by this
Act may be used to promulgate the Definition of <quote>Fiduciary</quote>
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).</text>
</section><section commented="no" display-inline="no-display-inline" id="id0E20B52B848F4DDEB495235F3B148BE4" section-type="subsequent-section"><enum>110.</enum><text display-inline="yes-display-inline">None of the amounts made available under
this Act may be used to implement the rule entitled <quote>Wage Methodology for
the Temporary Non-Agricultural Employment H–2B Program</quote> (76 Fed. Reg.
3452 (January 19, 2011)).</text>
</section><section id="H4DCC0FF2ECE74B66985E54F72E05DEE8"><enum>111.</enum><text display-inline="yes-display-inline">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.</text>
</section><section id="HC8808302347C" section-type="subsequent-section"><enum>112.</enum><text display-inline="yes-display-inline">None of the funds made available by this
Act may be used to implement or enforce the proposed rule entitled
<quote>Lowering Miners’ Exposure to Coal Mine Dust, Including Continuous
Personal Dust Monitors</quote> 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—</text>
<paragraph id="H46D5AD21CA03477791C69AE96DA1FA47"><enum>(1)</enum><text display-inline="yes-display-inline">the Government Accountability
Office—</text>
<subparagraph id="HC8B73F9AE2BC47568230D5099170CB46"><enum>(A)</enum><text display-inline="yes-display-inline">issues, at a minimum, an interim report
which—</text>
<clause id="H25670F0D90914F9C8CFB80B3B702760A"><enum>(i)</enum><text display-inline="yes-display-inline">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</text>
</clause><clause id="H443BED2ABAE5452DB6DE35D027E85A2F"><enum>(ii)</enum><text display-inline="yes-display-inline">assesses the sufficiency of MSHA’s
analytical methodology; and</text>
</clause></subparagraph><subparagraph id="HF581DF29627B4B06B5EA743BC04271D1"><enum>(B)</enum><text display-inline="yes-display-inline">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</text>
</subparagraph></paragraph><paragraph commented="no" display-inline="no-display-inline" id="H60683375924F4D22A48242B7E7197D0E"><enum>(2)</enum><text display-inline="yes-display-inline">the deadline described in paragraph (1)(B)
for submission of the report has passed.</text>
</paragraph></section><section id="H7CFE0BFEB3D448ED88A02C86503F7988"><enum>113.</enum><text display-inline="yes-display-inline">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).</text>
<appropriations-small commented="no" id="H4B88CF43553E4A11BAB63FFCB2BE7245"><text display-inline="no-display-inline">This title may be cited as the
<quote><short-title>Department of Labor Appropriations
Act, 2012</short-title></quote>. <pagebreak></pagebreak></text>
</appropriations-small></section><enum>II</enum><header display-inline="no-display-inline">Department of Health and Human
Services</header>
<appropriations-intermediate id="H8AF42DB4A2F04D5D96CC411440ECFB6D"><header>Health resources and services
administration</header>
</appropriations-intermediate><appropriations-small id="H1572F6B005044C23A466FAF64F88AF4A"><header>Primary
health care</header><text display-inline="no-display-inline">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:
<proviso><italic>Provided</italic>,</proviso> 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:
<proviso><italic>Provided further</italic></proviso>, 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 <quote>HHS</quote>) pertaining to
administrative claims made under such law.</text>
</appropriations-small><appropriations-small id="H4E42184671C34F08A3202594B900F873"><header>Health
workforce</header><text display-inline="no-display-inline">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:
<proviso><italic>Provided</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, 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
<quote>Secretary</quote>) 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:
<proviso><italic>Provided further</italic></proviso>, That no funds
shall be available for section 340G–1 of the PHS Act:
<proviso><italic>Provided further</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, That fees
collected for the full disclosure of information under the <quote>Health Care
Fraud and Abuse Data Collection Program</quote>, 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:
<proviso><italic>Provided further</italic></proviso>, 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.</text>
</appropriations-small><appropriations-small id="H2AE6CD5109F24EE09B6AA4FCF78F4B2B"><header>Maternal
and child health</header><text display-inline="no-display-inline">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:
<proviso><italic>Provided</italic></proviso>, 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.</text>
</appropriations-small><appropriations-small id="HCB10F7C797994591ABDDB041B198CC46"><header>Ryan white
HIV/AIDS program</header><text display-inline="no-display-inline">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:
<proviso><italic>Provided</italic></proviso>, 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.</text>
</appropriations-small><appropriations-small id="H1ECD56BE63F64208979FE3D77AEA147E"><header>Health
care systems</header><text display-inline="no-display-inline">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.</text>
</appropriations-small><appropriations-small id="HCC16794DDEF04388814E646C28FE98CA"><header>Rural
health</header><text display-inline="no-display-inline">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:
<proviso><italic>Provided</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, That
notwithstanding section 338J(k) of the PHS Act, $10,055,000 shall be available
for State Offices of Rural Health.</text>
</appropriations-small><appropriations-small id="idDB3BC9140D4C4263AD9AC71F2E5E00C2"><header>Family
Planning</header><text display-inline="no-display-inline">For carrying out the
program under title X of the PHS Act to provide for voluntary family planning
projects, $297,400,000:
<proviso><italic>Provided</italic>,</proviso> 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.</text>
</appropriations-small><appropriations-small id="HCDD2D0968E214B3C83C59BF744325C99"><header>Program
management</header><text display-inline="no-display-inline">For program support
in the Health Resources and Services Administration, $161,815,000:
<proviso><italic>Provided</italic></proviso>, 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”.</text>
</appropriations-small><appropriations-small commented="no" id="H02F6E3096D8B4347A9BDAF4B5077E2C9"><header>Health education assistance
loans program account</header><text display-inline="no-display-inline">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.</text>
</appropriations-small><appropriations-small commented="no" id="H7C90BB026BBA4DC885A4055B7D8A5127"><header display-inline="yes-display-inline">Vaccine injury compensation program trust
fund</header><text display-inline="no-display-inline">For payments from the
Vaccine Injury Compensation Program Trust Fund (<quote>Trust Fund</quote>),
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 <act-name parsable-cite="PHSA">PHS
Act</act-name>, to remain available until expended:
<proviso><italic>Provided</italic></proviso>, That for necessary
administrative expenses, not to exceed $6,489,000 shall be available from the
Trust Fund to the Secretary.</text>
</appropriations-small><appropriations-intermediate id="HD41E1D3949DB407CB712AB13E7416C0F"><header>Centers for disease control and
prevention</header>
</appropriations-intermediate><appropriations-small id="HED0E56123BD3463699E177B3F46ECDC0"><header>Immunization and respiratory
diseases</header><text display-inline="no-display-inline">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:
<proviso><italic>Provided,</italic></proviso> 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.</text>
</appropriations-small><appropriations-small id="HF8E24E32972C4F93B5EDC8E6D6067E94"><header>HIV/AIDS,
viral hepatitis, sexually transmitted diseases, and tuberculosis
prevention</header><text display-inline="no-display-inline">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.</text>
</appropriations-small><appropriations-small id="H4AA3FDA8E6F7413E8256812B829A7996"><header>Emerging
and zoonotic infectious diseases</header><text display-inline="no-display-inline">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.</text>
</appropriations-small><appropriations-small id="H1D40940A8DCC45288388211F3FAD03FE"><header>Chronic
disease prevention and health promotion</header><text display-inline="no-display-inline"><deleted-phrase reported-display-style="strikethrough"></deleted-phrase>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:
<proviso><italic>Provided</italic></proviso>, 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.</text>
</appropriations-small><appropriations-small id="HA41889B1568545A19E351965B8522377"><header>Birth
defects, developmental disabilities, disabilities and health</header><text display-inline="no-display-inline">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.</text>
</appropriations-small><appropriations-small id="HE9A0525D9C50484DBA68EF7707BA197A"><header>Public
Health Scientific Services</header><text display-inline="no-display-inline">For
carrying out titles II and III of the PHS Act with respect to health
statistics, surveillance, informatics, and workforce development, $144,795,000:
<proviso><italic>Provided</italic></proviso>, 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.</text>
</appropriations-small><appropriations-small id="H021A23DF1F75445795511BE928C20736"><header>Environmental
health</header><text display-inline="no-display-inline">For carrying out titles
II, III, VII, and XVII of the PHS Act with respect to environmental health,
$105,598,000.</text>
</appropriations-small><appropriations-small id="H1F7506A42C1D44A089D557CAF87AF51A"><header>Injury
prevention and control</header><text display-inline="no-display-inline">For
carrying out titles II, III, VII, and XVII of the PHS Act with respect to
injury prevention and control, $138,480,000.</text>
</appropriations-small><appropriations-small id="H71CB7EADB1A44CD4BDEEE49B922D335E"><header>National
Institute for Occupational safety and health</header><text display-inline="no-display-inline"><deleted-phrase reported-display-style="strikethrough"></deleted-phrase>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:
<proviso><italic>Provided</italic></proviso>, That in addition to
amounts provided herein, $110,724,000 shall be available from amounts available
under section 241 of the PHS Act.</text>
</appropriations-small><appropriations-small id="HCCD836908E5F43BA93D9D5FFF386A556"><header>Employees
occupational illness compensation program </header><text display-inline="no-display-inline">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
(<quote>Board</quote>) 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:
<proviso><italic>Provided</italic></proviso>, 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.</text>
</appropriations-small><appropriations-small id="H7C32655608154830A6A1740E47400A9C"><header>Global
health</header><text display-inline="no-display-inline">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:
<proviso><italic>Provided,</italic></proviso> That funds may be used
for purchase and insurance of official motor vehicles in foreign
countries.</text>
</appropriations-small><appropriations-small id="H0BA3D7FD53AF481AB99395D6957EEF62"><header>Public
health preparedness and response</header><text display-inline="no-display-inline">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.</text>
</appropriations-small><appropriations-small commented="no" id="H5EA4EE59DC774F7F99C05E217B86614F"><header>CDC-wide activities and program
support</header><text display-inline="no-display-inline">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:
<proviso><italic>Provided</italic></proviso>, 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
<quote>CDC</quote>):
<proviso><italic>Provided further</italic>,</proviso> 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:
<proviso><italic>Provided further</italic>,</proviso> 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:
<proviso><italic>Provided further</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, That with respect
to the previous proviso, authorized user fees from the Vessel Sanitation
Program shall be available through September 30, 2013:
<proviso><italic>Provided further</italic>,</proviso> 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:
<proviso><italic>Provided further</italic>,</proviso> 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.</text>
</appropriations-small><appropriations-intermediate commented="no" id="H351BA7F1F9C3445894B273698376F351"><header display-inline="yes-display-inline">National institutes of
health</header>
</appropriations-intermediate><appropriations-small commented="no" id="H5B8791E8F035406B87617CC075A64C40"><header display-inline="yes-display-inline">National cancer institute</header><text display-inline="no-display-inline">For carrying out section 301 and title IV of
the <act-name parsable-cite="PHSA">PHS Act</act-name> 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.</text>
</appropriations-small><appropriations-small commented="no" id="HFB404C724BA442F79A7B106CB9DA6DB7"><header display-inline="yes-display-inline">National heart, lung, and blood
institute</header><text display-inline="no-display-inline">For carrying out
section 301 and title IV of the <act-name parsable-cite="PHSA">PHS
Act</act-name> with respect to cardiovascular, lung, and blood diseases, and
blood and blood products, $3,084,851,000.</text>
</appropriations-small><appropriations-small commented="no" id="HCC0D2DA0730C49A980C121989E51B8EB"><header display-inline="yes-display-inline">National institute of dental and
craniofacial research</header><text display-inline="no-display-inline">For
carrying out section 301 and title IV of the <act-name parsable-cite="PHSA">PHS
Act</act-name> with respect to dental disease,
$411,488,000.</text>
</appropriations-small><appropriations-small commented="no" id="HFB7E2152D87C441B9261B3266D8ACC33"><header display-inline="yes-display-inline">National institute of diabetes and
digestive and kidney diseases</header><text display-inline="no-display-inline">For carrying out section 301 and title IV of
the <act-name parsable-cite="PHSA">PHS Act</act-name> with respect to diabetes
and digestive and kidney disease, $1,800,447,000.</text>
</appropriations-small><appropriations-small commented="no" id="H805C4E484BCD493493D8EBCA2F8B6DD9"><header display-inline="yes-display-inline">National institute of neurological
disorders and stroke</header><text display-inline="no-display-inline">For
carrying out section 301 and title IV of the <act-name parsable-cite="PHSA">PHS
Act</act-name> with respect to neurological disorders and stroke,
$1,629,445,000.</text>
</appropriations-small><appropriations-small id="HD0C0B02751A0419E99E79EB78589CE8E"><header>National
institute of allergy and infectious diseases</header>
</appropriations-small><appropriations-small commented="no" id="H9C1B37A212A2452A8F2A23ACF659F31A"><text display-inline="no-display-inline">For carrying out section 301 and title IV of
the PHS Act with respect to allergy and infectious diseases,
$4,499,215,000.</text>
</appropriations-small><appropriations-small commented="no" id="H0C3F80113F7F4312B09AE142658114D0"><header display-inline="yes-display-inline">National institute of general medical
sciences</header><text display-inline="no-display-inline">For carrying out
section 301 and title IV of the <act-name parsable-cite="PHSA">PHS
Act</act-name> with respect to general medical sciences, $2,434,637,000:
<proviso><italic>Provided</italic></proviso>, That not less than
$276,480,000 is provided for the Institutional Development Awards
program.</text>
</appropriations-small><appropriations-small commented="no" id="H2408E95DEDE44636BDE6FADED6AA8406"><header display-inline="yes-display-inline">Eunice kennedy shriver national institute
of child health and human development</header><text display-inline="no-display-inline">For carrying out section 301 and title IV of
the <act-name parsable-cite="PHSA">PHS Act</act-name> with respect to child
health and human development, $1,323,900,000.</text>
</appropriations-small><appropriations-small commented="no" id="HED7B8DD2AB82470EB3B94A61E3FFFE35"><header display-inline="yes-display-inline">National eye institute</header><text display-inline="no-display-inline">For carrying out section 301 and title IV of
the <act-name parsable-cite="PHSA">PHS Act</act-name> with respect to eye
diseases and visual disorders, $704,043,000.</text>
</appropriations-small><appropriations-small commented="no" id="H547D023193314E1893293A7AED12C271"><header display-inline="yes-display-inline">National institute of environmental health
sciences</header><text display-inline="no-display-inline">For carrying out
section 301 and title IV of the <act-name parsable-cite="PHSA">PHS
Act</act-name> with respect to environmental health sciences,
$686,869,000.</text>
</appropriations-small><appropriations-small commented="no" id="H5121C38AE41E4117AE79F4CBCE5EA36D"><header display-inline="yes-display-inline">National institute on aging</header><text display-inline="no-display-inline">For carrying out section 301 and title IV of
the <act-name parsable-cite="PHSA">PHS Act</act-name> with respect to aging,
$1,105,530,000.</text>
</appropriations-small><appropriations-small commented="no" id="H7727A029BEAE4C09AD9C4F104C5C4B01"><header display-inline="yes-display-inline">National institute of arthritis and
musculoskeletal and skin diseases</header><text display-inline="no-display-inline">For carrying out section 301 and title IV of
the <act-name parsable-cite="PHSA">PHS Act</act-name> with respect to arthritis
and musculoskeletal and skin diseases,
$536,801,000.</text>
</appropriations-small><appropriations-small commented="no" id="HDDD9354EBA07425D848094D2A7954CC6"><header display-inline="yes-display-inline">National institute on deafness and other
communication disorders</header><text display-inline="no-display-inline">For
carrying out section 301 and title IV of the <act-name parsable-cite="PHSA">PHS
Act</act-name> with respect to deafness and other communication disorders,
$417,061,000.</text>
</appropriations-small><appropriations-small commented="no" id="H0CB9CE913AEC4F8BB3840284B703EE21"><header display-inline="yes-display-inline">National institute of nursing
research</header><text display-inline="no-display-inline">For carrying out
section 301 and title IV of the <act-name parsable-cite="PHSA">PHS
Act</act-name> with respect to nursing research,
$145,043,000.</text>
</appropriations-small><appropriations-small commented="no" id="H890C92B0CDFB4539A0564E03C4B1BBC5"><header display-inline="yes-display-inline">National institute on alcohol abuse and
alcoholism</header><text display-inline="no-display-inline">For carrying out
section 301 and title IV of the <act-name parsable-cite="PHSA">PHS
Act</act-name> with respect to alcohol abuse and alcoholism,
$460,389,000.</text>
</appropriations-small><appropriations-small commented="no" id="HEEA112FB7FEC418E857FD4FA2B4F43DB"><header display-inline="yes-display-inline">National institute on drug
abuse</header><text display-inline="no-display-inline">For carrying out section
301 and title IV of the <act-name parsable-cite="PHSA">PHS Act</act-name> with
respect to drug abuse, $1,055,362,000.</text>
</appropriations-small><appropriations-small commented="no" id="H3EA70F22544E4BADBDE9C3D31FA520E5"><header display-inline="yes-display-inline">National institute of mental
health</header><text display-inline="no-display-inline">For carrying out
section 301 and title IV of the <act-name parsable-cite="PHSA">PHS
Act</act-name> with respect to mental health,
$1,483,068,000.</text>
</appropriations-small><appropriations-small commented="no" id="H912297E51B3F4586A3A422EA08E76682"><header display-inline="yes-display-inline">National human genome research
institute</header><text display-inline="no-display-inline">For carrying out
section 301 and title IV of the <act-name parsable-cite="PHSA">PHS
Act</act-name> with respect to human genome research,
$513,844,000.</text>
</appropriations-small><appropriations-small commented="no" id="H1ABF4116958A45DF907DA637C841C90A"><header display-inline="yes-display-inline">National institute of biomedical imaging
and bioengineering</header><text display-inline="no-display-inline">For
carrying out section 301 and title IV of the <act-name parsable-cite="PHSA">PHS
Act</act-name> with respect to biomedical imaging and bioengineering research,
$338,998,000.</text>
</appropriations-small><appropriations-small commented="no" id="H0EB0CDF72E1748B18E7A548F3C374F5F"><header display-inline="yes-display-inline">National center for complementary and
alternative medicine</header><text display-inline="no-display-inline">For
carrying out section 301 and title IV of the <act-name parsable-cite="PHSA">PHS
Act</act-name> with respect to complementary and alternative medicine,
$128,299,000.</text>
</appropriations-small><appropriations-small commented="no" id="H50BA8DC5216A4D2A89FDCC85DFB66792"><header display-inline="yes-display-inline">National institute on minority health and
health disparities</header><text display-inline="no-display-inline">For
carrying out section 301 and title IV of the <act-name parsable-cite="PHSA">PHS
Act</act-name> with respect to minority health and health disparities research,
$276,963,000.</text>
</appropriations-small><appropriations-small commented="no" id="H5AE26A6A738C48A6A32FDAE41D65587A"><header display-inline="yes-display-inline">John e. fogarty international
center</header><text display-inline="no-display-inline">For carrying out the
activities of the John E. Fogarty International Center (described in subpart 2
of part E of title IV of the <act-name parsable-cite="PHSA">PHS
Act</act-name>), $69,754,000.</text>
</appropriations-small><appropriations-small commented="no" id="HD5C8EB4A01AF44119C7F52A19272336B"><header display-inline="yes-display-inline">National library of medicine</header><text display-inline="no-display-inline">For carrying out section 301 and title IV of
the <act-name parsable-cite="PHSA">PHS Act</act-name> 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:
<proviso><italic>Provided</italic></proviso>, 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 <quote>NIH</quote>):
<proviso><italic>Provided further</italic></proviso>, 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.</text>
</appropriations-small><appropriations-small commented="no" id="id928B69929FE04ECD8272D4DD29EC1876"><header display-inline="yes-display-inline">NATIONAL CENTER FOR ADVANCING TRANSLATIONAL
SCIENCES</header><text display-inline="no-display-inline">For carrying out
section 301 and title IV of the PHS Act with respect to translational sciences,
$576,456,000:
<proviso><italic>Provided</italic>,</proviso> That up to $10,000,000
shall be available to implement section 402C of the PHS Act, relating to the
Cures Acceleration Network:
<proviso><italic>Provided further</italic></proviso>, That funds
appropriated may be used to support the reorganization and activities required
to eliminate the National Center for Research Resources:
<proviso><italic> Provided further</italic></proviso>, 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.</text>
</appropriations-small><appropriations-small id="H238B731AEC414352A9FF94144F9EA81E"><header>Office of
the director</header>
</appropriations-small><appropriations-small id="HD275E5EB15354C9DB384C8AE7FCAFE00"><text display-inline="no-display-inline">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:
<proviso><italic>Provided</italic></proviso>, That funding shall be
available for the purchase of not to exceed 29 passenger motor vehicles for
replacement only:
<proviso><italic>Provided further</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, That $193,880,000
shall be available for continuation of the National Children’s Study:
<proviso><italic>Provided further</italic></proviso>, That $545,962,000
shall be available for the Common Fund established under section 402A(c)(1) of
the PHS Act:
<proviso><italic>Provided further</italic></proviso>, That of the funds
provided $10,000 shall be for official reception and representation expenses
when specifically approved by the Director of the NIH:
<proviso><italic>Provided further</italic></proviso>, 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.</text>
</appropriations-small><appropriations-small commented="no" id="H1076E262A1734029BFB0D76E9E1769CC"><header>Buildings and
facilities</header><text display-inline="no-display-inline">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.</text>
</appropriations-small><appropriations-intermediate commented="no" id="H33B2E0D23B4540899E459ADB8F2E613D"><header display-inline="yes-display-inline">Substance abuse and mental health services
administration</header>
</appropriations-intermediate><appropriations-small commented="no" id="id4CDA92E083D5435CA0C3D1193EA7851B"><header display-inline="yes-display-inline">MENTAL
HEALTH </header><text display-inline="no-display-inline">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:
<proviso><italic>Provided</italic></proviso>, 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:
<proviso><italic> Provided further,</italic></proviso> 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:
<proviso><italic> Provided further,</italic></proviso> That section
520E(b)(2) of the PHS Act shall not apply to funds appropriated under this Act
for fiscal year 2012:
<proviso><italic> Provided further,</italic></proviso> 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.</text>
</appropriations-small><appropriations-small commented="no" id="idB002F626FAE94F71AA225329F74D519C"><header display-inline="yes-display-inline"> SUBSTANCE ABUSE TREATMENT</header><text display-inline="no-display-inline">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:
<proviso><italic>Provided</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, That no funds
shall be available for the National All Schedules Prescription Reporting
system.</text>
</appropriations-small><appropriations-small commented="no" id="idC7A04EC61EA349BD9F1770C3CFCA41FF"><header display-inline="yes-display-inline"> SUBSTANCE ABUSE PREVENTION</header><text display-inline="no-display-inline">For carrying out titles III and V of the PHS
Act with respect to substance abuse prevention,
$186,361,000.</text>
</appropriations-small><appropriations-small commented="no" id="id300E8249723041DD8E2F48A5B02E773B"><header display-inline="yes-display-inline">HEALTH SURVEILLANCE AND PROGRAM
SUPPORT</header><text display-inline="no-display-inline">For program support
and cross-cutting activities that supplement activities funded under the
headings <quote>Mental Health</quote>, <quote>Substance Abuse
Treatment</quote>, and <quote>Substance Abuse Prevention</quote> 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:
<proviso><italic>Provided</italic></proviso>, 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:
<proviso><italic> Provided further,</italic></proviso> That funds made
available under this heading may be used to supplement program support funding
provided under the headings <quote>Mental Health</quote>, <quote>Substance
Abuse Treatment</quote>, and <quote>Substance Abuse
Prevention</quote>.</text>
</appropriations-small><appropriations-intermediate commented="no" id="H22537611500B4B00AC275F8328EDBDB4"><header display-inline="yes-display-inline">Agency for healthcare research and
quality</header>
</appropriations-intermediate><appropriations-small commented="no" id="H7EDC327817D04AF0950637F0FD2D13F8"><header display-inline="yes-display-inline">Healthcare research and
quality</header><text display-inline="no-display-inline">For carrying out
titles III and IX of the <act-name parsable-cite="PHSA">PHS Act</act-name>,
part A of title XI of the <act-name parsable-cite="SSA">Social Security
Act</act-name>, 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:
<proviso><italic>Provided</italic></proviso>, 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.</text>
</appropriations-small><appropriations-intermediate commented="no" id="H271B8BC653CF44239F760805B92B9849"><header display-inline="yes-display-inline">Centers for medicare and medicaid
services</header>
</appropriations-intermediate><appropriations-small commented="no" id="H11F30F9CC1044CFC8AF16ECA74CA0C5C"><header display-inline="yes-display-inline">Grants to states for medicaid</header><text display-inline="no-display-inline">For carrying out, except as otherwise
provided, titles XI and XIX of the <act-name parsable-cite="SSA">Social
Security Act</act-name>, $184,279,110,000, to remain available until
expended.</text>
</appropriations-small><appropriations-small commented="no" id="id780E0695627D4CE5B45207E54F5E2EFA"><text display-inline="no-display-inline">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 <act-name parsable-cite="SSA">Social Security Act</act-name>
for the last quarter of fiscal year 2012 for unanticipated costs incurred for
the current fiscal year, such sums as may be
necessary.</text>
</appropriations-small><appropriations-small commented="no" id="idD0D94D981A5F478C8E1EA3029E243642"><text display-inline="no-display-inline">For making payments to States or in the case
of section 1928 on behalf of States under title XIX of the
<act-name parsable-cite="SSA">Social Security Act</act-name> for the first
quarter of fiscal year 2013, $90,614,082,000, to remain available until
expended.</text>
</appropriations-small><appropriations-small commented="no" id="idBCE9C2F3D7BF4C9BBAA081BE8BCEEACD"><text display-inline="no-display-inline">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.</text>
</appropriations-small><appropriations-small id="H2C1E9C070BE54E9B8032BE8C7D53188C"><header>Payments
to health care trust funds</header><text display-inline="no-display-inline">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.</text>
</appropriations-small><appropriations-small id="id4D23ED49396744148C8DF7D8235F19E3"><text display-inline="no-display-inline">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.</text>
</appropriations-small><appropriations-small commented="no" id="H089538DAA53042B4AF6198DE252E5FE6"><header display-inline="yes-display-inline">Program management</header><text display-inline="no-display-inline">For carrying out, except as otherwise
provided, titles XI, XVIII, XIX, and XXI of the <act-name parsable-cite="SSA">Social Security Act</act-name>, titles XIII and XXVII of
the <act-name parsable-cite="PHSA">PHS Act</act-name>, 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
<act-name parsable-cite="SSA">Social Security Act</act-name>; together with all
funds collected in accordance with section 353 of the PHS Act and section
1857(e)(2) of the <act-name parsable-cite="SSA">Social Security Act</act-name>,
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:
<proviso><italic>Provided,</italic></proviso> 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:
<proviso><italic>Provided further,</italic></proviso> That $34,000,000,
to remain available through September 30, 2013, shall be for contract costs for
the Healthcare Integrated General Ledger Accounting System:
<proviso><italic>Provided further,</italic></proviso> That the
Secretary is directed to collect fees in fiscal year 2012 from Medicare
Advantage organizations pursuant to section 1857(e)(2) of the
<act-name parsable-cite="SSA">Social Security Act</act-name> and from eligible
organizations with risk-sharing contracts under section 1876 of that Act
pursuant to section 1876(k)(4)(D) of that Act:
<proviso><italic>Provided further</italic></proviso>, 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.</text>
</appropriations-small><appropriations-small id="HF24B110ECE194A8F934966C9FB9892E5"><header>Health
care fraud and abuse control account</header><text display-inline="no-display-inline">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 (<quote>CHIP</quote>) 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:
<proviso><italic>Provided</italic>,</proviso> 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.</text>
</appropriations-small><appropriations-intermediate commented="no" id="H6C45BAE9D5C84BA8BEC261DF9E1486C1"><header display-inline="yes-display-inline">Administration for children and
families</header>
</appropriations-intermediate><appropriations-small commented="no" id="HC0D0787C42974125A03F727EB73CA1EA"><header display-inline="yes-display-inline">Payments to states for child support
enforcement and family support programs</header><text display-inline="no-display-inline">For making payments to States or other
non-Federal entities under titles I, IV–D, X, XI, XIV, and XVI of the
<act-name parsable-cite="SSA">Social Security Act</act-name> 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.</text><text display-inline="no-display-inline">For
making payments to each State for carrying out the program of Aid to Families
with Dependent Children under title IV–A of the <act-name parsable-cite="SSA">Social Security Act</act-name> before the effective date of
the program of Temporary Assistance for Needy Families with respect to such
State, such sums as may be necessary:
<proviso><italic>Provided</italic></proviso>, 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.</text><text display-inline="no-display-inline">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 <act-name parsable-cite="SSA">Social
Security Act</act-name> 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.</text>
</appropriations-small><appropriations-small commented="no" id="H0A2D56970F0C49B1910E52A606BDB607"><header display-inline="yes-display-inline">Low income home energy
assistance</header><text display-inline="no-display-inline">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:
<proviso><italic>Provided</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, 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.</text>
</appropriations-small><appropriations-small commented="no" id="HE9B1DC2906BC4E339216E8DF51AB880F"><header display-inline="yes-display-inline">Refugee and entrant
assistance</header><text display-inline="no-display-inline">For necessary
expenses for refugee and entrant assistance activities authorized by section
414 of the <act-name parsable-cite="INA">Immigration and Nationality
Act</act-name> 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:
<proviso><italic>Provided</italic></proviso>, That funds appropriated
under this heading pursuant to section 414(a) of the
<act-name parsable-cite="INA">Immigration and Nationality Act,</act-name>
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.</text>
</appropriations-small><appropriations-small commented="no" id="H338C1B2C00884D5C974DF385510D897B"><header display-inline="yes-display-inline">Payments to states for the child care and
development block grant</header><text display-inline="no-display-inline">For
carrying out the <act-name parsable-cite="CCDBGA90">Child Care and Development
Block Grant Act of 1990</act-name>, $2,282,627,000 shall be used to supplement,
not supplant State general revenue funds for child care assistance for
low-income families:
<proviso><italic>Provided</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, That $9,890,000
shall be for use by the Secretary for child care research, demonstration, and
evaluation activities.</text>
</appropriations-small><appropriations-small commented="no" id="H283E0D87F4894020A1224B2386A1C915"><header display-inline="yes-display-inline">Social services block grant</header><text display-inline="no-display-inline">For making grants to States pursuant to
section 2002 of the <act-name parsable-cite="SSA">Social Security
Act</act-name>, $1,700,000,000:
<proviso><italic>Provided</italic></proviso>, 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.</text>
</appropriations-small><appropriations-small commented="no" id="H110A3FF71F5C413CAF4F7A402C99C11A"><header display-inline="yes-display-inline">Children and families services
programs</header>
</appropriations-small><appropriations-small commented="no" id="H8F38AD56381243E7A0CBA08832274344"><text display-inline="no-display-inline">For carrying out, except as otherwise
provided, the <act-name parsable-cite="RHYA">Runaway and Homeless Youth
Act</act-name>, the <act-name parsable-cite="DDA">Developmental Disabilities
Assistance and Bill of Rights Act</act-name>, the <act-name parsable-cite="HSA">Head Start Act</act-name>, the
<act-name parsable-cite="CAPTA">Child Abuse Prevention and Treatment
Act</act-name>, 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 <act-name parsable-cite="SSA">Social Security Act</act-name>;
for making payments under the Community Services Block Grant Act (<quote>CSBG
Act</quote>), sections 439(i), 473B, and 477(i) of the
<act-name parsable-cite="SSA">Social Security Act</act-name>, 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
<act-name parsable-cite="SSA">Social Security Act</act-name>, the Act of July
5, 1960, the Low Income Home Energy Assistance Act of 1981, title IV of the
<act-name parsable-cite="INA">Immigration and Nationality Act</act-name>, 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 <act-name parsable-cite="SSA">Social Security Act</act-name> and may be
made for adoptions completed before September 30, 2012:
<proviso><italic>Provided,</italic></proviso> That $7,983,633,000 shall
be for making payments under the <act-name parsable-cite="HSA">Head Start
Act</act-name>:
<proviso><italic>Provided further</italic></proviso>, That for purposes
of allocating funds described by the immediately preceding proviso, the term
<quote>base grant</quote> 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 <quote>Department of Health
and Human Services, Administration for Children and Families, Children and
Family Services Programs</quote> 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:
<proviso><italic>Provided further</italic></proviso>, That $713,630,000
shall be for making payments under the CSBG Act:
<proviso><italic> Provided further,</italic></proviso> 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:
<proviso><italic>Provided further</italic></proviso>, 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 <act-name parsable-cite="SSA">Social Security
Act</act-name>:
<proviso><italic>Provided further,</italic></proviso> 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:
<proviso><italic>Provided further</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, That these
procedures shall apply to such grant funds made available after November 29,
1999:
<proviso><italic>Provided further</italic></proviso>, 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:
<proviso><italic>Provided further,</italic></proviso> That $5,245,000
shall be for activities authorized by section 291 of the Help America Vote Act
of 2002:
<proviso><italic>Provided further</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, 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.</text>
</appropriations-small><appropriations-small commented="no" id="H7EAFAC99E72F4A6F99204E627A39E223"><header display-inline="yes-display-inline">Promoting Safe and Stable
Families</header><text display-inline="no-display-inline">For carrying out
section 436 of the <act-name parsable-cite="SSA">Social Security
Act</act-name>, $345,000,000 and section 437 of such Act,
$63,184,000.</text>
</appropriations-small><appropriations-small commented="no" id="HBC8CC7B83CE946DEB2015E738A48695A"><header display-inline="yes-display-inline">Payments for foster care and
permanency</header><text display-inline="no-display-inline">For making payments
to States or other non-Federal entities under title IV–E of the
<act-name parsable-cite="SSA">Social Security Act</act-name>,
$5,153,000,000.</text><text display-inline="no-display-inline">For making
payments to States or other non-Federal entities under title IV–E of the
<act-name parsable-cite="SSA">Social Security Act</act-name>, for the first
quarter of fiscal year 2013, $2,100,000,000.</text><text display-inline="no-display-inline">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 <act-name parsable-cite="SSA">Social Security
Act</act-name>, 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.</text>
</appropriations-small><appropriations-intermediate commented="no" id="H98FE11BE4E76455DB9F768A63D216257"><header display-inline="yes-display-inline">Administration on
aging</header>
</appropriations-intermediate><appropriations-small commented="no" id="H3A5F58F12FA944AD916AEF41452BD500"><header display-inline="yes-display-inline">Aging services
programs</header>
</appropriations-small><appropriations-small id="id83533D3BFD464E728112E81634C5DC15"><header>(including transfer of
funds)</header>
</appropriations-small><appropriations-small commented="no" id="id299B20C5D9174D4FA52204ED09215F6E"><text display-inline="no-display-inline">For carrying out, to the extent not
otherwise provided, the <act-name parsable-cite="OAA65">Older Americans Act of
1965 </act-name>(<quote>OAA</quote>), section 398 and title XXIX of the
<act-name parsable-cite="PHSA">PHS Act</act-name>, section 119 of the Medicare
Improvements for Patients and Providers Act of 2008, $1,473,703,000:
<proviso><italic>Provided</italic></proviso>, 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:
<proviso><italic>Provided further</italic>,</proviso> 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:
<proviso><italic> Provided further,</italic></proviso> 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:
<proviso><italic>Provided further</italic>,</proviso> 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.</text>
</appropriations-small><appropriations-intermediate commented="no" id="HDCE95D1C6B0F4C42942309E339CB2C84"><header display-inline="yes-display-inline">Office of the
secretary</header>
</appropriations-intermediate><appropriations-small commented="no" id="H96F3CC63266547B4B8E761A86D5D0CA0"><header display-inline="yes-display-inline">General departmental
management</header>
</appropriations-small><appropriations-small commented="no" id="H418D0A63A2844E53926B4D7124D9B0F8"><text display-inline="no-display-inline">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 <act-name parsable-cite="SSA">Social Security
Act</act-name>, $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:
<proviso><italic>Provided</italic></proviso>, That of this amount,
$53,783,000 shall be for minority AIDS prevention and treatment activities:
<proviso><italic>Provided further,</italic></proviso> 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:
<proviso><italic>Provided further</italic></proviso>, 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:
<proviso><italic>Provided further,</italic></proviso> 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:
<proviso><italic>Provided further,</italic></proviso> 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:
<proviso><italic>Provided further</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, That such
services shall be provided consistent with 42 CFR
59.5(a)(4).</text>
</appropriations-small><appropriations-small commented="no" id="H84FE0884909B452EA677ECAC974C2958"><header display-inline="yes-display-inline">Office of medicare hearings and
appeals</header><text display-inline="no-display-inline">For expenses necessary
for administrative law judges responsible for hearing cases under title XVIII
of the <act-name parsable-cite="SSA">Social Security Act</act-name> (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.</text>
</appropriations-small><appropriations-small commented="no" id="H00DFB089166B4179A490780747BC1DFE"><header display-inline="yes-display-inline">Office of the national coordinator for
health information technology</header><text display-inline="no-display-inline">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:
<proviso><italic>Provided</italic></proviso>, That in addition to
amounts provided herein, $44,811,000 shall be available from amounts available
under section 241 of the <act-name parsable-cite="PHSA">PHS
Act.</act-name></text>
</appropriations-small><appropriations-small commented="no" id="HBC520DCEE10E49C280E0D87926AA7F4E"><header display-inline="yes-display-inline">Office of inspector general</header><text display-inline="no-display-inline">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:
<proviso><italic>Provided,</italic></proviso> 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:
<proviso><italic>Provided further</italic></proviso>, 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.</text>
</appropriations-small><appropriations-small commented="no" id="H2DA81B6CF3B94F6CBFCEA73BACEF734B"><header display-inline="yes-display-inline">Office for civil rights</header><text display-inline="no-display-inline">For expenses necessary for the Office for
Civil Rights, $41,016,000.</text>
</appropriations-small><appropriations-small commented="no" id="H7A906EC67461419C83E60934BC29DF17"><header display-inline="yes-display-inline">Retirement pay and medical benefits for
commissioned officers</header><text display-inline="no-display-inline">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.</text>
</appropriations-small><appropriations-small commented="no" id="H7B19758330764D349D6533A4F0847F2F"><header display-inline="yes-display-inline">Public health and social services emergency
fund</header>
</appropriations-small><appropriations-small commented="no" id="H383E7BD97C6141F68E7F8025FEBD666A"><header display-inline="yes-display-inline">(including transfer of funds)</header><text display-inline="no-display-inline">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.</text>
</appropriations-small><appropriations-small commented="no" id="idE3C341992393465DB093CECA0B9EA855"><text display-inline="no-display-inline">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.</text>
</appropriations-small><appropriations-intermediate commented="no" id="H8A80A614A4B14B658121F989BBA3E8EB"><header display-inline="yes-display-inline">General
provisions</header>
</appropriations-intermediate><section commented="no" display-inline="no-display-inline" id="H2E61A753B75C41E2BA55EDB219A2A07F" section-type="subsequent-section"><enum>201.</enum><text display-inline="yes-display-inline">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.</text>
</section><section commented="no" display-inline="no-display-inline" id="HA0B8C9DCB3364FB2BA1AED2AAA198C66" section-type="subsequent-section"><enum>202.</enum><text display-inline="yes-display-inline">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.</text>
</section><section id="HA40940BE299744F1BBDD04A0C4BC39B7"><enum>203.</enum><text display-inline="yes-display-inline">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.</text>
</section><section commented="no" display-inline="no-display-inline" id="H76E7361F6F8D4D3BB27D6A297BCD344E" section-type="subsequent-section"><enum>204.</enum><text display-inline="yes-display-inline">None of the funds appropriated in this Act
may be expended pursuant to section 241 of the <act-name parsable-cite="PHSA">PHS Act</act-name>, 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.</text>
</section><section commented="no" display-inline="no-display-inline" id="H7D130FBABABB479DB05C9773CE580FB9" section-type="subsequent-section"><enum>205.</enum><text display-inline="yes-display-inline">Notwithstanding section 241(a) of the
<act-name parsable-cite="PHSA">PHS Act</act-name>, 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.</text>
<appropriations-small commented="no" id="H635968D91D1B48ADBA3081CE5555D5D3"><header display-inline="yes-display-inline">(transfer of
funds)</header>
</appropriations-small></section><section commented="no" display-inline="no-display-inline" id="H244CD4297CDB43189813AA7B62F49405" section-type="subsequent-section"><enum>206.</enum><text display-inline="yes-display-inline">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:
<proviso><italic>Provided</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, That the
Committees on Appropriations of the House of Representatives and the Senate are
notified at least 15 days in advance of any transfer.</text>
<appropriations-small commented="no" id="H536477D23F8A45619A4CC3D095BC856B"><header display-inline="yes-display-inline">(transfer of
funds)</header>
</appropriations-small></section><section commented="no" display-inline="no-display-inline" id="H8397ED26D16348239FED4BA8D6FCD514" section-type="subsequent-section"><enum>207.</enum><text display-inline="yes-display-inline">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:
<proviso><italic>Provided</italic></proviso>, That the Committees on
Appropriations of the House of Representatives and the Senate are notified at
least 15 days in advance of any transfer.</text>
<appropriations-small commented="no" id="HBDD0E26BABC649AFAFC022DE065B17FD"><header display-inline="yes-display-inline">(transfer of
funds)</header>
</appropriations-small></section><section commented="no" display-inline="no-display-inline" id="HA24EB21B307A41F3AC8072C649ED63E6" section-type="subsequent-section"><enum>208.</enum><text display-inline="yes-display-inline">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 <quote>Office of AIDS
Research</quote> 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 <act-name parsable-cite="PHSA">PHS Act</act-name>.</text>
</section><section commented="no" display-inline="no-display-inline" id="H38B00F1718044E29A0FD762E235FD973" section-type="subsequent-section"><enum>209.</enum><text display-inline="yes-display-inline">None of the funds appropriated in this Act
may be made available to any entity under title X of the
<act-name parsable-cite="PHSA">PHS Act</act-name> 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.</text>
</section><section commented="no" display-inline="no-display-inline" id="HF34E150BFA4440C687A75C67E1BF7066" section-type="subsequent-section"><enum>210.</enum><text display-inline="yes-display-inline">Notwithstanding any other provision of law,
no provider of services under title X of the <act-name parsable-cite="PHSA">PHS
Act</act-name> shall be exempt from any State law requiring notification or the
reporting of child abuse, child molestation, sexual abuse, rape, or
incest.</text>
</section><section commented="no" display-inline="no-display-inline" id="H11F02C525DDC443BB7EAAD5C41C2C01A" section-type="subsequent-section"><enum>211.</enum><text display-inline="yes-display-inline">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:
<proviso><italic>Provided</italic></proviso>, 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):
<proviso><italic>Provided further</italic></proviso>, 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.</text>
</section><section commented="no" display-inline="no-display-inline" id="HC19195102A544B8EA01B9F4F1BAC634C" section-type="subsequent-section"><enum>212.</enum><text display-inline="yes-display-inline">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:</text>
<paragraph commented="no" display-inline="no-display-inline" id="H9B4D9043B7D942FD8B2584BC76813E72"><enum>(1)</enum><text display-inline="yes-display-inline">The Secretary may exercise authority
equivalent to that available to the Secretary of State in section 2(c) of the
<act-name parsable-cite="SDBAA">State Department Basic Authorities Act of
1956</act-name>. 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
<act-name parsable-cite="FSA80">Foreign Service Act of 1980</act-name> and
other applicable statutes administered by the Department of State.</text>
</paragraph><paragraph commented="no" display-inline="no-display-inline" id="H9195785F4C72407E82E2136BA1882514"><enum>(2)</enum><text display-inline="yes-display-inline">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.</text>
</paragraph><paragraph commented="no" display-inline="no-display-inline" id="H845C03029E4042329F42DB75232C1DE2"><enum>(3)</enum><text display-inline="yes-display-inline">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.</text>
</paragraph></section><section commented="no" display-inline="no-display-inline" id="HAC3DFABD05454572B3B139763FB9A9C3" section-type="subsequent-section"><enum>213.</enum><subsection commented="no" display-inline="yes-display-inline" id="H827875F0EF0D4FBF99692FB8785E4C75"><enum>(a)</enum><header display-inline="yes-display-inline">Authority</header><text display-inline="yes-display-inline">Notwithstanding any other provision of law,
the Director of NIH (<quote>Director</quote>) may use funds available under
section 402(b)(7) or 402(b)(12) of the <act-name parsable-cite="PHSA">PHS
Act</act-name> 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).</text>
</subsection><subsection commented="no" display-inline="no-display-inline" id="H142A1767CA034A24A054FBD2B04E965D"><enum>(b)</enum><header display-inline="yes-display-inline">Peer review</header><text display-inline="yes-display-inline">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.</text>
</subsection></section><section commented="no" display-inline="no-display-inline" id="H540920CA0906457AB579200CCAFCF266" section-type="subsequent-section"><enum>214.</enum><text display-inline="yes-display-inline">Funds which are available for Individual
Learning Accounts for employees of CDC and the Agency for Toxic Substances and
Disease Registry (<quote>ATSDR</quote>) may be transferred to appropriate
accounts of CDC, to be available only for Individual Learning Accounts:
<proviso><italic>Provided</italic></proviso>, That such funds may be
used for any individual full-time equivalent employee while such employee is
employed either by CDC or ATSDR.</text>
</section><section commented="no" display-inline="no-display-inline" id="H27F6FA38ED5540598647AE62D2F2C188" section-type="subsequent-section"><enum>215.</enum><text display-inline="yes-display-inline">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.</text>
</section><section display-inline="no-display-inline" id="H6AECF926EC9F4371A8F984985B915DA1"><enum>216.</enum><text display-inline="yes-display-inline">Not to exceed <italic></italic>$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.</text>
<appropriations-small commented="no" id="H019B253E1BAB414F8729F9F530B61972"><header display-inline="yes-display-inline">(transfer of
funds)</header>
</appropriations-small></section><section commented="no" display-inline="no-display-inline" id="H3660FC86071142B7AE8F26C1799F888E" section-type="subsequent-section"><enum>217.</enum><text display-inline="yes-display-inline">Of the amounts made available for NIH, 1
percent of the amount made available for National Research Service Awards
(<quote>NRSA</quote>) 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
<act-name parsable-cite="PHSA">PHS Act</act-name>, 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.</text>
</section><section id="H81DFF14D38EC493FAF2A5F9957C93699"><enum>218.</enum><text display-inline="yes-display-inline">None of the funds made available in this
title may be used, in whole or in part, to advocate or promote gun
control.</text>
</section><section commented="no" id="HE798BE2807DD42A3B1393DDC4C3CE693"><enum>219.</enum><text display-inline="yes-display-inline">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.</text>
</section><section id="idC7B8EA0D84D3404E81E7A46F0A7C260F"><enum>220.</enum><subsection commented="no" display-inline="yes-display-inline" id="idACF29B2DE47C422296492FD6AC36A2CC"><enum>(a)</enum><text display-inline="yes-display-inline">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.</text>
</subsection><subsection id="idD1B6A810158B4591A7ECBAD1289E3B90"><enum>(b)</enum><text display-inline="yes-display-inline">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:</text>
<paragraph id="id0DD0076BBC114AAEBB11B779BB3757FE"><enum>(1)</enum><text display-inline="yes-display-inline">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.</text>
</paragraph><paragraph id="id3E57A4A12F7D4649B189C43540DB97CD"><enum>(2)</enum><text display-inline="yes-display-inline">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.</text>
</paragraph><paragraph id="id4F5428DF55BE4F9FA5FFEF7BBA22F896"><enum>(3)</enum><text display-inline="yes-display-inline">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.</text>
</paragraph><paragraph id="id7CFFC6F03A1C4E0BAE23DA71C83C5D81"><enum>(4)</enum><text display-inline="yes-display-inline">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.</text>
</paragraph><paragraph id="idFD4EECA9ADA346D5A218D84670957BE9"><enum>(5)</enum><text display-inline="yes-display-inline">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.</text>
</paragraph></subsection></section><section id="H1DD844CD47E64514B5B6B7D37EE96C6E"><enum>221.</enum><subsection commented="no" display-inline="yes-display-inline" id="H3938FE1AFA90428D86AEEA6E4649ECCD"><enum>(a)</enum><header>Establishment of
national center for advancing translational sciences; elimination of national
center for research resources</header>
<paragraph id="H55DF22B8A98C4355BFB5D7675C4ECB4D"><enum>(1)</enum><header>In
general</header><text>Subpart 1 of part E of title IV of the Public Health
Service Act (42 U.S.C. 287 et seq.) is amended—</text>
<subparagraph id="HDB6EB106C9A5452698148124BB44DD05"><enum>(A)</enum><text>in the subpart
heading, by striking <quote>National Center for Research Resources</quote> and
inserting <quote>National Center for Advancing Translational
Sciences</quote>;</text>
</subparagraph><subparagraph id="H45D00A17F8514BEEB9EBB0942A8B689B"><enum>(B)</enum><text>by striking
sections 480 and 481; and</text>
</subparagraph><subparagraph id="H6F5FAD81046A4BC5A9D76CE12B5676BC"><enum>(C)</enum><text>by amending
section 479 to read as follows:</text>
<quoted-block display-inline="no-display-inline" id="H1848C1DEB5FA49BFAB4F3A6E8BF16B4C" style="OLC">
<section id="HB4E373AF476748A6B797802544C1806F"><enum>479.</enum><header>National Center
for Advancing Translational Sciences</header>
<subsection id="HF57FB9F62D654CBFAEFF6131C99F2A2A"><enum>(a)</enum><header>Purpose</header><text display-inline="yes-display-inline">The purpose of the National Center for
Advancing Translational Sciences (in this subpart referred to as the
<quote>Center</quote>) is to advance translational sciences, including
by—</text>
<paragraph id="H4DC9667DDB68419F97EA8851ABC2D900"><enum>(1)</enum><text>coordinating and
developing resources that leverage basic research in support of translational
science; and</text>
</paragraph><paragraph id="H6E23F5DED53C4B3AB1BA83BE0DA6CA6E"><enum>(2)</enum><text>developing
partnerships and working cooperatively to foster synergy in ways that do not
create duplication, redundancy, and competition with industry
activities.</text>
</paragraph></subsection><subsection id="H02CF3AECA5D64711B8C2BC268FC0FF42"><enum>(b)</enum><header>Clinical trial
activities</header>
<paragraph id="H0C7E4A3C87BF4AA89CBFBA2150AAB35C"><enum>(1)</enum><header>In
general</header><text>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.</text>
</paragraph><paragraph id="HF81525FF957246069CA6F39F9005B982"><enum>(2)</enum><header>Exception</header><text>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—</text>
<subparagraph id="HEF03A951C15C43E59D81527F5D74E5E8"><enum>(A)</enum><text>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;</text>
</subparagraph><subparagraph id="HFB174978026D42B5AB7DFAF85158748F"><enum>(B)</enum><text>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</text>
</subparagraph><subparagraph id="HF16F4C224C6843C3AE1415B1170D6323"><enum>(C)</enum><text>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.</text>
</subparagraph></paragraph></subsection><subsection id="HDE7DBDFB224247B0A8CCF47EA57A994E"><enum>(c)</enum><header>Annual
report</header><text>The Center shall publish an annual report that, with
respect to all research supported by the Center, includes a complete list
of—</text>
<paragraph id="HB3BE4019D6FE4F8FB3C6E8F38B7FC5A7"><enum>(1)</enum><text>the molecules
being studied;</text>
</paragraph><paragraph id="H2D3591CD501E4AD394B478ACF7C1D597"><enum>(2)</enum><text>clinical trial
activities being conducted;</text>
</paragraph><paragraph id="H0CFE59AD7DC5408780DDD5EE3CF763E0"><enum>(3)</enum><text>the methods and
tools in development;</text>
</paragraph><paragraph id="H0122389187454C68A7AB2BE46B69F97A"><enum>(4)</enum><text>ongoing
partnerships, including—</text>
<subparagraph id="HEB4BF1EECF814776A32F87F2A2FE6416"><enum>(A)</enum><text>the rationale for
each partnership;</text>
</subparagraph><subparagraph id="H9A8878B591FB4FD38D36C03EAAAF1711"><enum>(B)</enum><text>the status of each
partnership;</text>
</subparagraph><subparagraph id="H0DF0BDFAD8D74D7D899BC2ECFC6E15C8"><enum>(C)</enum><text>the funding
provided by the Center to other entities pursuant to each partnership,
and</text>
</subparagraph><subparagraph id="H1F9AC8205C944652B4C61F1BDC0F93B6"><enum>(D)</enum><text>the activities
which have been transferred to industry pursuant to each partnership;
and</text>
</subparagraph></paragraph><paragraph id="H3D518A5AB4314CC38BC73A0F3AEB9148"><enum>(5)</enum><text>known research
activity of other entities that is or will expand upon research activity of the
Center.</text>
</paragraph></subsection></section><after-quoted-block>.</after-quoted-block></quoted-block>
</subparagraph></paragraph><paragraph id="HBBDBEE9779FD453D944913ECA598B134"><enum>(2)</enum><header>List of
institutes and centers</header><text>Section 401(b)(21) of the Public Health
Service Act (42 U.S.C. 281(b)(21)) is amended by striking <quote>National
Center for Research Resources</quote> and inserting <quote>National Center for
Advancing Translational Sciences</quote>.</text>
</paragraph></subsection><subsection id="HD500EF2FF93C43439BFD067F08EE9019"><enum>(b)</enum><header>Assignment of
certain functions of former national center for research resources</header>
<paragraph id="H839AEC5DCD5E4E4C8E3E777A7E216DEA"><enum>(1)</enum><header>Biomedical and
behavioral research facilities</header><text>Section 481A of the Public Health
Service Act (42 U.S.C. 287a–2)—</text>
<subparagraph id="HA14E367C06154A948AC5DF5BAE239E8A"><enum>(A)</enum><text>is redesignated as
section 404I and is moved to follow section 404H of such Act (42 U.S.C. 283j);
and</text>
</subparagraph><subparagraph id="HBB31703B3D094EDCB3E52B22BE1DFB3A"><enum>(B)</enum><text>is amended—</text>
<clause id="H4417BFABF3DD4F87B95AC4B8AEDF58B2"><enum>(i)</enum><text>in
subsection (a)(1), by striking <quote>acting through the Director of the Center
or the Director of the National Institute of Allergy and Infectious
Diseases</quote> and inserting <quote>acting through the Office of the Director
of NIH or the Director of the National Institute of Allergy and Infectious
Diseases</quote>;</text>
</clause><clause id="HAC69696167D14F599E7DB1D8E24935D1"><enum>(ii)</enum><text display-inline="yes-display-inline">in subsections (c), (d), (e), and (f)(2),
by striking <quote>Director of the Center or the Director of the National
Institute of Allergy and Infectious Diseases</quote> each place it appears and
inserting <quote>Director of NIH, acting through the Office of the Director of
NIH or the National Institute of Allergy and Infectious
Diseases,</quote>;</text>
</clause><clause id="H60BBD64B010F4C64A7C829001DD38E91"><enum>(iii)</enum><text>in
subsection (b)(2), by striking <quote>Director of the Center</quote> each place
it appears and inserting <quote>Director of NIH</quote>;</text>
</clause><clause id="H2ECA78E647074BBAAA05E3AAD04E2ADD"><enum>(iv)</enum><text display-inline="yes-display-inline">in subsections (b)(3)(A), (f)(1), and (g),
by striking the comma at the end of <quote>Director of the Center,</quote> each
place it appears;</text>
</clause><clause id="H87961E6DDE504071BA89DE5135A05AE4"><enum>(v)</enum><text>by
striking <quote>Director of the Center</quote> each place it appears and
inserting <quote>Director of NIH, acting through the Office of the Director of
NIH,</quote>;</text>
</clause><clause id="H2C9B0F626F234CFF8A5603FBA11A0B31"><enum>(vi)</enum><text>in
subsection (b)—</text>
<subclause id="H8BFD08DB70804EFA8843C5659B7AD8D6"><enum>(I)</enum><text>in paragraph
(1)(A), by striking <quote>within the Center</quote>; and</text>
</subclause><subclause id="H7755ED3DF921436F81C99F4E1E2D8440"><enum>(II)</enum><text>in paragraph
(2)—</text>
<item id="HFE0C116093CB42DC9244AFFD8381FA11"><enum>(aa)</enum><text>in
subparagraph (A), by striking <quote>and the advisory council established under
section 480 (in this section referred to as the <quote>Advisory
Council</quote>)</quote> and inserting <quote>and the Council of Councils
established under section 402(l) (in this section referred to as the
<quote>Council</quote>)</quote>; and</text>
</item><item id="H29A8B82B621B4D6BADF9B30C887E6EB9"><enum>(bb)</enum><text>in
subparagraphs (B), (C), and (D), by striking <quote>Advisory</quote> each place
it appears; and</text>
</item></subclause></clause><clause id="H9F303B431B1447B3ACC89189DEDBF1F7"><enum>(vii)</enum><text>in
subsection (g), by striking <quote>after consultation with the Advisory
Council</quote> and inserting <quote>after consultation with the
Council</quote>.</text>
</clause></subparagraph></paragraph><paragraph id="HE5815C91F970435BA1CF3A9CD4AC2C95"><enum>(2)</enum><header>Construction of
regional centers for research on primates</header><text>Section 481B of the
Public Health Service Act (42 U.S.C. 287a–3)—</text>
<subparagraph id="H9E57FF4477B248F980151408B132ACC4"><enum>(A)</enum><text>is redesignated as
section 404J and is moved to follow section 404I, as redesignated by paragraph
(1); and</text>
</subparagraph><subparagraph id="HED1AC16EEF444E2DADADDF6DD6791C54"><enum>(B)</enum><text>in subsection (a),
is amended—</text>
<clause id="H991768326090421B92CFCB6F0D92C4FA"><enum>(i)</enum><text>by
striking <quote>by the National Center for Research Resources</quote> and
inserting <quote>by the Director of NIH, acting through the Office of the
Director of NIH,</quote>; and</text>
</clause><clause id="H44680187D08C4A7894D68EAD4B9B4E95"><enum>(ii)</enum><text>by
striking <quote>481A</quote> and inserting <quote>404I</quote>.</text>
</clause></subparagraph></paragraph><paragraph id="H3D9676C1AC444B6C88C921BB9337EBCA"><enum>(3)</enum><header>Sanctuary system
for surplus chimpanzees</header><text>Section 481C of the Public Health Service
Act (42 U.S.C. 287a–3a)—</text>
<subparagraph id="HD76F8E94AF4B4EF38EA2C23FD5196F28"><enum>(A)</enum><text>is redesignated as
section 404K and is moved to follow section 404J, as redesignated by paragraph
(2); and</text>
</subparagraph><subparagraph id="H89C4698E35E54B8ABC81C344AFB8E421"><enum>(B)</enum><text>in subsection
(d)(4)(A)(ii), is amended by striking <quote>that is carried out by the
National Center for Research Resources</quote> and inserting <quote>that is
carried out by the Director of NIH, acting through the Office of the Director
of NIH,</quote>.</text>
</subparagraph></paragraph><paragraph id="H59BD92F21B994E50A9E3A57F4363C137"><enum>(4)</enum><header>Shared
instrumentation grant program</header><text>Section 305 of the Public Health
Improvement Act (42 U.S.C. 287 note)—</text>
<subparagraph id="HAD237068E74C4300A46905B8ABDAC353"><enum>(A)</enum><text>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</text>
</subparagraph><subparagraph id="HF1A05182A58344A69A5BB407784B1E39"><enum>(B)</enum><text>is amended—</text>
<clause id="H7A5715F02B164AA4844293CCE31EC4B5"><enum>(i)</enum><text>by
striking subsection (a) and redesignating subsections (b) and (c) as
subsections (a) and (b), respectively;</text>
</clause><clause id="HAD934B3FFB234445921D39699086548D"><enum>(ii)</enum><text>in
subsection (a), as so redesignated, by striking <quote>under the program
described in subsection (a)</quote> and inserting <quote>under the Shared
Instrumentation Grant Program</quote>;</text>
</clause><clause id="H852F47D49DD94E178B71EC757FC23574"><enum>(iii)</enum><text>by
striking <quote>Director of the National Center for Research Resources</quote>
each place it appears and inserting <quote>Director of NIH, acting through the
Office of the Director of NIH,</quote>; and</text>
</clause><clause id="H8C086FA85C2D484EA41A1025E74CFE0B"><enum>(iv)</enum><text>in
subsection (b), as so redesignated—</text>
<subclause id="HF17EB62A631144A5ADC3708EE513EACF"><enum>(I)</enum><text>by striking
<quote>in subsection (a)</quote> and inserting <quote>in subsection (a),
the</quote>; and</text>
</subclause><subclause id="H3E1656A186A54CC596F1B5FED82EAE74"><enum>(II)</enum><text>by striking
<quote>of the Public Health Service Act (42 U.S.C. 289a)</quote>.</text>
</subclause></clause></subparagraph></paragraph><paragraph id="HEE5F1B7DE36641A398A7AC2C9CF02435"><enum>(5)</enum><header>Institutional
development award program</header><text>Title IV of the Public Health Service
Act (42 U.S.C. 281 et seq.) is amended—</text>
<subparagraph id="HB863F9A4981D481E92CD9811CB415FC0"><enum>(A)</enum><text>in section 461, by
striking the section heading and designation and all that follows through
<quote>The general purpose</quote> and inserting the following:</text>
<quoted-block id="H020ABBD0EC4D415181B755EA18C14D86" style="OLC">
<section id="HAD46B43273664A0D948D38D61FB1C36F"><enum>461.</enum><header>National
institute of general medical sciences</header>
<subsection id="HF75F8919DAE349FBB642DC50172991E2"><enum>(a)</enum><header>General
purpose</header><text>The general
purpose</text>
</subsection></section><after-quoted-block>;</after-quoted-block></quoted-block>
</subparagraph><subparagraph id="HA425872479824A5EA134573FF140B626"><enum>(B)</enum><text>by moving
subsection (g) of section 402 to the end of section 461, as amended, and
redesignating that subsection as subsection (b); and</text>
</subparagraph><subparagraph id="H9346EA59C4C14DE4A25767A2AEE0C4C8"><enum>(C)</enum><text>in section 461(b),
as so redesignated—</text>
<clause id="H6EAD6CD55005498A8D0E9249B5D45BE7"><enum>(i)</enum><text>by
striking <quote>(b)(1)(A) In the case of</quote> and inserting the
following:</text>
<quoted-block id="H275466252BB94236BEADF99E23D27923" style="OLC">
<subsection id="H65A2A636C20D424C8D6FA91AF9DCAB91"><enum>(b)</enum><header>Institutional
development award program</header>
<paragraph id="H78AFA669396C44728ED813E2CFC6DD88"><enum>(1)</enum><subparagraph commented="no" display-inline="yes-display-inline" id="H9B105070B663486B91647126B542214C"><enum>(A)</enum><text>In the case
of</text>
</subparagraph></paragraph></subsection><after-quoted-block>;</after-quoted-block></quoted-block>
</clause><clause id="H899E62A49F2D4125B64289388913F8F7"><enum>(ii)</enum><text>by
moving two ems to the right—</text>
<subclause id="H9B70F62878824269BC7B98C866DD065C"><enum>(I)</enum><text>subparagraphs (B)
and (C) of paragraph (1);</text>
</subclause><subclause id="HC282FBECAF804E68AEFEBA15D6AA38FA"><enum>(II)</enum><text>clauses (i),
(ii), and (iii) of such subparagraph (C); and</text>
</subclause><subclause id="H0F5CA1E637C24017ACF13B23D8249D0D"><enum>(III)</enum><text>paragraph (2);
and</text>
</subclause></clause><clause id="H2D13F23599D34C0E9192AA8AFA603996"><enum>(iii)</enum><text>in
paragraph (1)(A), by striking <quote>acting through the Director of the
National Center for Research Resources</quote> and inserting <quote>acting
through the Director of the National Institute of General Medical
Sciences</quote>.</text>
</clause></subparagraph></paragraph></subsection><subsection id="H0109FCFE20474B1DA54C416246C7D1B7"><enum>(c)</enum><header>Assignment of
certain offices and functions to national center for advancing translational
sciences</header>
<paragraph id="H55E35EE3E8EA4289B1B8723DE06043E7"><enum>(1)</enum><header>Cures
acceleration network</header><text>Section 402C of the Public Health Service
Act (42 U.S.C. 282d)—</text>
<subparagraph id="H289B4E214A5E4F2A9D7C38FBE2D5D070"><enum>(A)</enum><text>is redesignated as
section 480 and is moved to follow section 479;</text>
</subparagraph><subparagraph id="HFE3A90154BB549EDB8D85EA137EB3D2B"><enum>(B)</enum><text>in subsection (b),
is amended in the matter that precedes paragraph (1) by striking <quote>within
the Office of the Director of NIH</quote> and inserting <quote>within the
Center</quote>;</text>
</subparagraph><subparagraph id="HC22834B7BB8A4675A76BB3CCF9E06C3F"><enum>(C)</enum><text>by striking
<quote>Director of NIH</quote> each place it appears and inserting
<quote>Director of the Center</quote>; and</text>
</subparagraph><subparagraph id="H08C9278A3453424C9834D23F9EDB1E01"><enum>(D)</enum><text>in the headings of
subsections (d)(4) and (d)(4)(B), by striking <quote><header-in-text level="paragraph" style="OLC">Director of NIH</header-in-text></quote> each
place it appears and inserting <quote><header-in-text level="paragraph" style="OLC">Director of the Center</header-in-text></quote>.</text>
</subparagraph></paragraph><paragraph id="H869E68E4A7F947B2B88B01642069CD48"><enum>(2)</enum><header>Office of rare
diseases</header><text>Title IV of the Public Health Service Act (42 U.S.C. 281
et seq.) is amended—</text>
<subparagraph id="H39D5C1C5D6784CD7A78452FD49874382"><enum>(A)</enum><text>in section
404F—</text>
<clause id="HE19DCABA2AA6402DB5CA37705C70C49D"><enum>(i)</enum><text>by
redesignating such section as section 481 and moving such section to follow
section 480, as redesignated by paragraph (1);</text>
</clause><clause id="H06148CA0E1064C10B91BD061BB68F612"><enum>(ii)</enum><text>in
subsection (a)—</text>
<subclause id="HDD6872410BB8410E8926928E0A616AFF"><enum>(I)</enum><text>by striking
<quote>within the Office of the Director of NIH</quote> and inserting
<quote>within the Center</quote>; and</text>
</subclause><subclause id="HF46C1F5F0D134FC5B4DDB2C3572C30A7"><enum>(II)</enum><text>by striking
<quote>Director of NIH</quote> and inserting <quote>Director of the
Center</quote>; and</text>
</subclause></clause><clause id="H8C175998869E4F1193463AC09632ADAF"><enum>(iii)</enum><text>in
subsection (b)(1)(C), by striking <quote>404G</quote> and inserting
<quote>481A</quote>; and</text>
</clause></subparagraph><subparagraph id="HE7F18B4F67144F4AAC09B1E042361717"><enum>(B)</enum><text>in section
401(c)(2)(A), by striking <quote>the Office of Rare Diseases,</quote>.</text>
</subparagraph></paragraph><paragraph id="H23EAF1D5CC554E4A956648B2AD3C8D40"><enum>(3)</enum><header>Rare disease
regional centers of excellence</header><text>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).</text>
</paragraph><paragraph id="H1E0A8288B8FA4946B481E879280B742E"><enum>(4)</enum><header>General clinical
research centers</header><text>Section 481D of the Public Health Service Act
(42 U.S.C. 287a–4)—</text>
<subparagraph id="H362B81D2B8B2463F8594907D8913FD25"><enum>(A)</enum><text>is redesignated as
section 481B; and</text>
</subparagraph><subparagraph id="H25E19512D5214476B759A65CB3C6D287"><enum>(B)</enum><text>in subsection (a),
is amended by striking <quote>Director of the National Center for Research
Resources</quote> and inserting <quote>Director of the Center</quote>.</text>
</subparagraph></paragraph></subsection><subsection id="H649D25394E544E98BC29EB2F0EDB1371"><enum>(d)</enum><header>Conforming
amendments</header><text display-inline="yes-display-inline">Title IV of the
Public Health Service Act (42 U.S.C. 281 et seq.) is amended—</text>
<paragraph display-inline="no-display-inline" id="HC20E5779FDE744AAB060BCFA4EB9D746"><enum>(1)</enum><text>in section
402(b)(24) (42 U.S.C. 282(b)(24)), by striking <quote>402C</quote> and
inserting <quote>480</quote>;</text>
</paragraph><paragraph id="HB1E8BE06F46C41A6B2F1D2F6C7B67556"><enum>(2)</enum><text display-inline="yes-display-inline">in section 404C(e)(3)(A) (42 U.S.C.
283e(e)(3)(A)), by striking <quote>and the Director of the Center for Research
Resources</quote>;</text>
</paragraph><paragraph id="HD87C5000A8DC4C5DB399BD72C37DE2FB"><enum>(3)</enum><text>in section
464z–3(i)(1) (42 U.S.C. 285t(i)(1))—</text>
<subparagraph id="H4422B8C86D324519AE6070A8CF10EFDB"><enum>(A)</enum><text>by striking
<quote>Director of National Institute for Research Resources</quote> and
inserting <quote>Director of NIH</quote>;</text>
</subparagraph><subparagraph id="H37CA9A939EE646B38FDAFD3A58081433"><enum>(B)</enum><text>by striking
<quote>481(c)(3)</quote> and inserting <quote>404I(c)(2)</quote>; and</text>
</subparagraph><subparagraph id="HB9577E304A9F4DBFB716BA8DAD8E35EA"><enum>(C)</enum><text display-inline="yes-display-inline">by inserting <quote>under such
section</quote> after <quote>Institutions of Emerging
Excellence</quote>;</text>
</subparagraph></paragraph><paragraph commented="no" display-inline="no-display-inline" id="HFCCEE8B47684494CBCE3AA26CBD5A33D"><enum>(4)</enum><text display-inline="yes-display-inline">in section 499(c)(1)(E) (42 U.S.C.
290b(c)(1)(E)), by striking <quote>section 402C</quote> and inserting
<quote>section 480</quote>.</text>
</paragraph></subsection></section><section id="idB5469DA49510420C9C87D89C7719023A"><enum>222.</enum><text>The
discretionary appropriation for CDC is hereby reduced by $20,000,000:
<proviso><italic>Provided</italic></proviso>, That the reduction
should be taken from contracting and administrative costs in each of the CDC
accounts.</text>
<appropriations-small commented="no" id="H91674711ED974D0DAF1CEF2A0950BB8C"><text display-inline="no-display-inline">This title may be cited as the
<quote><short-title>Department of Health and Human
Services Appropriations Act, 2012</short-title></quote>.
<pagebreak></pagebreak></text>
</appropriations-small></section><enum>III</enum><header display-inline="no-display-inline">Department of Education</header>
<appropriations-intermediate commented="no" id="H03706BAEC42A4B188D49212E903CCFB6"><header display-inline="yes-display-inline">Education for the
disadvantaged</header><text display-inline="no-display-inline">For carrying out
title I of the <act-name parsable-cite="ESEA">Elementary and Secondary
Education Act of 1965</act-name> (referred to in this Act as
<quote>ESEA</quote>) and section 418A of the <act-name parsable-cite="HEA65">Higher Education Act of 1965</act-name> (referred to in
this Act as <quote>HEA</quote>), $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:
<proviso><italic>Provided</italic></proviso>, That $6,584,750,000 shall
be for basic grants under section 1124 of the ESEA:
<proviso><italic>Provided further</italic></proviso>, That up to
$3,992,000 of these funds shall be available to the Secretary of Education
(referred to in this title as <quote>Secretary</quote>) on October 1, 2011, to
obtain annually updated local educational agency-level census poverty data from
the Bureau of the Census:
<proviso><italic>Provided further</italic></proviso>, That
$1,362,301,000 shall be for concentration grants under section 1124A of the
ESEA:
<proviso><italic>Provided further</italic></proviso>, That
$3,288,183,000 shall be for targeted grants under section 1125 of the ESEA:
<proviso><italic>Provided further</italic></proviso>, That
$3,288,183,000 shall be for education finance incentive grants under section
1125A of the ESEA:
<proviso><italic>Provided further</italic></proviso>, That $3,200,000
shall be to carry out sections 1501 and 1503 of the ESEA:
<proviso><italic>Provided further</italic>,</proviso> 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:
<proviso><italic>Provided further</italic></proviso>, 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:
<proviso><italic> Provided further,</italic></proviso> 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:
<proviso><italic>Provided further</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, 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.</text>
</appropriations-intermediate><appropriations-intermediate commented="no" id="HF5164B1680724FD584A7AB20F882CF23"><header display-inline="yes-display-inline">Impact aid</header><text display-inline="no-display-inline">For carrying out programs of financial
assistance to federally affected schools authorized by title VIII of the
<act-name parsable-cite="ESEA">ESEA</act-name>, $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:
<proviso><italic>Provided</italic></proviso>, 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.</text>
</appropriations-intermediate><appropriations-intermediate commented="no" id="HFBD02FB2C0A24C15B6D3ACA8DF598D6D"><header display-inline="yes-display-inline">School improvement programs</header><text display-inline="no-display-inline">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 <act-name parsable-cite="CRA64">Civil Rights Act of
1964</act-name>, $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:
<proviso><italic>Provided</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, That $51,210,000
shall be available to carry out section 203 of the Educational Technical
Assistance Act of 2002:
<proviso><italic>Provided further</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, 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.</text>
</appropriations-intermediate><appropriations-intermediate commented="no" id="H4B32DDEB682341D88A4A00A70D1A7D9F"><header display-inline="yes-display-inline">Indian education</header><text display-inline="no-display-inline">For expenses necessary to carry out, to the
extent not otherwise provided, title VII, part A of the
<act-name parsable-cite="ESEA">ESEA</act-name>,
$131,027,000.</text>
</appropriations-intermediate><appropriations-intermediate commented="no" id="H56A8BAC3815C4F8CA782563460193ADF"><header display-inline="yes-display-inline">Innovation and improvement</header><text display-inline="no-display-inline">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:
<proviso><italic>Provided</italic></proviso>, 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:
<proviso><italic> Provided further,</italic></proviso> 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:
<proviso><italic> Provided further,</italic></proviso> 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:
<proviso><italic>Provided further</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, 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.</text>
</appropriations-intermediate><appropriations-intermediate commented="no" id="HF6A9E008EBEF41F48BA47EDA1607C0EA"><header display-inline="yes-display-inline">Safe schools and citizenship
education</header><text display-inline="no-display-inline">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:
<proviso><italic>Provided</italic></proviso>, That $65,000,000 shall be
available for subpart 2 of part A of title IV:
<proviso><italic>Provided further</italic>,</proviso> That $60,000,000
shall be available for Promise Neighborhoods and shall be available through
December 31, 2012.</text>
</appropriations-intermediate><appropriations-intermediate commented="no" id="H9D9BEB8FAFAE4E5FAEB3EADE9A3A1171"><header display-inline="yes-display-inline">English language acquisition</header><text display-inline="no-display-inline">For carrying out part A of title III of the
<act-name parsable-cite="ESEA">ESEA</act-name>, $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):
<proviso><italic>Provided,</italic></proviso> 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.</text>
</appropriations-intermediate><appropriations-intermediate commented="no" id="HFF8CEF1411544D1AA31FF299B44EA3FB"><header display-inline="yes-display-inline">Special education</header><text display-inline="no-display-inline">For carrying out the Individuals with
Disabilities Education Act (<quote>IDEA</quote>) 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:
<proviso><italic>Provided</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, That States may
award subgrants for a portion of the funds to other public and private,
non-profit entities.</text>
</appropriations-intermediate><appropriations-intermediate commented="no" id="HF4792180DB1B4657938269170048954D"><header display-inline="yes-display-inline">Rehabilitation services and disability
research</header><text display-inline="no-display-inline">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:
<proviso><italic>Provided</italic></proviso>, 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:
<proviso><italic>Provided further</italic>,</proviso> That States may
award subgrants for a portion of the funds to other public and private,
non-profit entities:
<proviso><italic> Provided further,</italic></proviso> 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:
<proviso><italic>Provided further</italic>,</proviso> 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:
<proviso><italic>Provided further</italic>,</proviso> 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:
<proviso><italic>Provided further</italic>,</proviso> That State
agencies and community-based disability organizations that are directed by and
operated for individuals with disabilities shall be eligible to
compete.</text>
</appropriations-intermediate><appropriations-intermediate commented="no" id="H5E37CD9818364082A984C512BF3E9CEB"><header display-inline="yes-display-inline">Special institutions for persons with
disabilities</header>
</appropriations-intermediate><appropriations-small commented="no" id="H496D7C6804914DE895863D66E5663D56"><header display-inline="yes-display-inline">American printing house for the
blind</header><text display-inline="no-display-inline">For carrying out the Act
of March 3, 1879, $24,551,000.</text>
</appropriations-small><appropriations-small commented="no" id="H3EAEB8B00D5843F581E5CC2CAEE63A62"><header display-inline="yes-display-inline">National technical institute for the
deaf</header><text display-inline="no-display-inline">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:
<proviso><italic>Provided,</italic></proviso> 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.</text>
</appropriations-small><appropriations-small commented="no" id="HD1F4F6953E6A4E7AB21A7B3CCBEB79DC"><header display-inline="yes-display-inline">Gallaudet university</header><text display-inline="no-display-inline">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:
<proviso><italic>Provided</italic></proviso>, 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.</text>
</appropriations-small><appropriations-intermediate commented="no" id="H02B68D9515B34BF8A73557A621525374"><header display-inline="yes-display-inline">Career, technical, and adult
education</header><text display-inline="no-display-inline">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 <quote>AEFLA</quote>), $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:
<proviso><italic>Provided</italic>,</proviso> 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:
<proviso><italic>Provided further,</italic></proviso> 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:
<proviso><italic>Provided further,</italic></proviso> That of the
amounts made available for AEFLA, $11,323,000 shall be for national leadership
activities under section 243.</text>
</appropriations-intermediate><appropriations-intermediate commented="no" id="HB0B5F0A6585F4A1182AF5365242F04CA"><header display-inline="yes-display-inline">Student financial
assistance</header>
</appropriations-intermediate><appropriations-small commented="no" id="HF2A0E0CCC523493EA08D881B841D5591"><text display-inline="no-display-inline">For carrying out subparts 1 and 3 of part A,
and part C of title IV of the <act-name parsable-cite="HEA65">HEA</act-name>,
$24,538,521,000, which shall remain available through September 30,
2013.</text><text display-inline="no-display-inline">The maximum Pell Grant for
which a student shall be eligible during award year 2012–2013 shall be
$4,860.</text>
</appropriations-small><appropriations-intermediate commented="no" id="H8B52FB9322CB4EF789B96A37D568E1FE"><header display-inline="yes-display-inline">Student aid administration</header><text display-inline="no-display-inline">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 <act-name parsable-cite="HEA65">HEA</act-name>,
$1,045,363,000, to remain available until September 30,
2013.</text>
</appropriations-intermediate><appropriations-intermediate commented="no" id="H8A2608277F624EC9A35033528399D8E3"><header display-inline="yes-display-inline">Higher education</header><text display-inline="no-display-inline">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:
<proviso><italic>Provided</italic>,</proviso> That $608,000 shall be
for data collection and evaluation activities for programs under the HEA,
including such activities needed to comply with the
<act-name parsable-cite="FPRA93"></act-name><act-name parsable-cite="FPRA93">Government Performance and Results Act of
1993</act-name>:
<proviso><italic>Provided further</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, 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:
<proviso><italic>Provided further,</italic></proviso> 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 <quote>HEOA</quote>), 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:
<proviso><italic>Provided further,</italic></proviso> 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.</text>
</appropriations-intermediate><appropriations-intermediate commented="no" id="HB4528982B8464226BE0899E818E712A8"><header display-inline="yes-display-inline">Howard university</header><text display-inline="no-display-inline">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.</text>
</appropriations-intermediate><appropriations-intermediate commented="no" id="HC5B7D67A1ED9431CB549324F4242DE1C"><header display-inline="yes-display-inline">College housing and academic facilities
loans program</header><text display-inline="no-display-inline">For Federal
administrative expenses to carry out activities related to existing facility
loans pursuant to section 121 of the <act-name parsable-cite="HEA65">HEA</act-name>,
$460,000.</text>
</appropriations-intermediate><appropriations-intermediate commented="no" id="H066FE6450E764F4EB730A00BBDCCE68A"><header display-inline="yes-display-inline">Historically Black College and University
Capital Financing Program Account</header><text display-inline="no-display-inline">For the cost of guaranteed loans,
$20,188,000, as authorized pursuant to part D of title III of the HEA:
<proviso><italic>Provided,</italic></proviso> That such costs,
including the cost of modifying such loans, shall be as defined in section 502
of the Congressional Budget Act of 1974:
<proviso><italic>Provided further,</italic></proviso> That these funds
are available to subsidize total loan principal, any part of which is to be
guaranteed, not to exceed $367,255,000:
<proviso><italic> Provided further,</italic></proviso> 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.</text>
</appropriations-intermediate><appropriations-intermediate commented="no" id="H2A6A8A024E414EE2BFAB70B7EB09CE12"><text display-inline="no-display-inline">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.</text>
</appropriations-intermediate><appropriations-intermediate commented="no" id="H11FB5288E78A459F8F19FF54FE3868DC"><header display-inline="yes-display-inline">Institute of education
sciences</header><text display-inline="no-display-inline">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:
<proviso><italic>Provided</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, 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.</text>
</appropriations-intermediate><appropriations-intermediate commented="no" id="H957663B9B4CC4579B58EAD082422712A"><header display-inline="yes-display-inline">Departmental
management</header>
</appropriations-intermediate><appropriations-small commented="no" id="H58C11FE921324EFC93FAA5F457F2FE36"><header display-inline="yes-display-inline">Program administration</header><text display-inline="no-display-inline">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.</text>
</appropriations-small><appropriations-small commented="no" id="HAB4A00F3BC4B4920A2EFCDF5D8CAA8FC"><header display-inline="yes-display-inline">Office for civil rights</header><text display-inline="no-display-inline">For expenses necessary for the Office for
Civil Rights, as authorized by section 203 of the Department of Education
Organization Act, $102,818,000.</text>
</appropriations-small><appropriations-small commented="no" id="H868FC0E3B38C40218A5DD6B30DD555B3"><header display-inline="yes-display-inline">Office of the inspector
general</header><text display-inline="no-display-inline">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.</text>
</appropriations-small><appropriations-intermediate commented="no" id="H1BC62E0102394807A0323C112DBFDF26"><header display-inline="yes-display-inline">General
provisions</header>
</appropriations-intermediate><section commented="no" display-inline="no-display-inline" id="H88875787FA714A898C89D1ECFDCCDE42" section-type="subsequent-section"><enum>301.</enum><text display-inline="yes-display-inline">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.</text>
</section><section id="HD04D3FDE06A24519BEF67A5A3FBBD9CD"><enum>302.</enum><text display-inline="yes-display-inline">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.</text>
</section><section commented="no" display-inline="no-display-inline" id="H5F8A096EA89347948A307686910D3B3B" section-type="subsequent-section"><enum>303.</enum><text display-inline="yes-display-inline">No funds appropriated in this Act may be
used to prevent the implementation of programs of voluntary prayer and
meditation in the public schools.</text>
<appropriations-small commented="no" id="HFE4CA081D8E647EB8E92CFD9A5A73967"><header display-inline="yes-display-inline">(transfer of
funds)</header>
</appropriations-small></section><section commented="no" display-inline="no-display-inline" id="HDA8F248504C8474E8C5FBE77AD03BCE4" section-type="subsequent-section"><enum>304.</enum><text display-inline="yes-display-inline">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:
<proviso><italic>Provided</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, That the
Committees on Appropriations of the House of Representatives and the Senate are
notified at least 15 days in advance of any transfer.</text>
</section><section commented="no" display-inline="no-display-inline" id="H02575B42DA3348F2A6C8F9A0E2EE7786" section-type="subsequent-section"><enum>305.</enum><text display-inline="yes-display-inline">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.</text>
</section><section commented="no" display-inline="no-display-inline" id="H680F6CE9999849DEB6A76368A01D41EB" section-type="subsequent-section"><enum>306.</enum><text display-inline="yes-display-inline">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 <quote>2012</quote> for <quote>2009</quote>.</text>
</section><section commented="no" display-inline="no-display-inline" id="id9472E27A5C96489B8A492F8D3E8B4E38" section-type="subsequent-section"><enum>307.</enum><subsection commented="no" display-inline="yes-display-inline" id="id3F0C9FE0295048B5B59A69D242154B5D"><enum>(a)</enum><text display-inline="yes-display-inline">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.</text>
</subsection><subsection commented="no" display-inline="no-display-inline" id="id7053B238FA1D4D94BABB3CB499E1CC89"><enum>(b)</enum><header display-inline="yes-display-inline"> Federal register notice</header><text display-inline="yes-display-inline">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—</text>
<paragraph commented="no" display-inline="no-display-inline" id="idCF54DF547EEF4626A075B4E9F81D8D94"><enum>(1)</enum><text display-inline="yes-display-inline">establishes the terms and conditions
governing the modifications authorized by paragraph (a);</text>
</paragraph><paragraph commented="no" display-inline="no-display-inline" id="id7199651AE1C745069C5DF604FA1D7562"><enum>(2)</enum><text display-inline="yes-display-inline">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</text>
</paragraph><paragraph commented="no" display-inline="no-display-inline" id="id8F419473B68042348110DC2C7B2B4F62"><enum>(3)</enum><text display-inline="yes-display-inline">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.</text>
</paragraph></subsection><subsection commented="no" display-inline="no-display-inline" id="idEB500AA3808246E99E6CC989FCF7B73B"><enum>(c)</enum><header display-inline="yes-display-inline">Fees</header><text display-inline="yes-display-inline">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.</text>
</subsection></section><section commented="no" display-inline="no-display-inline" id="idE4D347A6B9E940C28CBF724482341717" section-type="subsequent-section"><enum>308.</enum><text display-inline="yes-display-inline">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,
<quote>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</quote>.</text>
</section><section commented="no" display-inline="no-display-inline" id="id55E549418C844D6F89AE179E47B6BABA" section-type="subsequent-section"><enum>309.</enum><subsection commented="no" display-inline="yes-display-inline" id="idB050D64DC5B94D0AAAD4505AFD5FF43F"><enum>(a)</enum><header>Federal pell grant
eligibility</header>
<paragraph commented="no" display-inline="no-display-inline" id="idB9C963B270A14FFBB1702134158A758D"><enum>(1)</enum><header>Minimum
level</header><text display-inline="yes-display-inline">Section 401(b)(4) of
the HEA (20 U.S.C. 1070a(b)(4)) is amended by striking <quote>, except
that</quote> and all that follows and inserting a period.</text>
</paragraph><paragraph commented="no" display-inline="no-display-inline" id="idA5CE07CFA6C447AF9E6EE836A3834324"><enum>(2)</enum><header>Duration of
award period</header><text display-inline="yes-display-inline">Section
401(c)(5) of the HEA (20 U.S.C. 1070a(c)(5)) is amended—</text>
<subparagraph commented="no" display-inline="no-display-inline" id="id76CA023A2CBB4CCD913B6367865BEC0A"><enum>(A)</enum><text display-inline="yes-display-inline">by striking <quote>18</quote> each place it
appears and inserting <quote>12</quote>; and</text>
</subparagraph><subparagraph commented="no" display-inline="no-display-inline" id="id2F1B94053CDD4F15ACF1D751C6BEB81E"><enum>(B)</enum><text display-inline="yes-display-inline">by striking the last sentence.</text>
</subparagraph></paragraph></subsection><subsection commented="no" display-inline="no-display-inline" id="id5EE9832BBC2D4E8BBBA0026069812838"><enum>(b)</enum><header>Zero expected
family contribution</header><text display-inline="yes-display-inline">Section
479(c) of the HEA (20 U.S.C. 1087ss(c)) is amended—</text>
<paragraph commented="no" display-inline="no-display-inline" id="id96A7DB0F9D694AD591D9A4D19F2C9ED0"><enum>(1)</enum><text display-inline="yes-display-inline">in paragraph (1)(B), by striking
<quote>$30,000</quote> and inserting <quote>$23,000</quote>; and</text>
</paragraph><paragraph commented="no" display-inline="no-display-inline" id="idE2DBAC10297B43C18FB9F60B2495D418"><enum>(2)</enum><text display-inline="yes-display-inline">in paragraph (2)(B), by striking
<quote>$30,000</quote> and inserting <quote>$23,000</quote>.</text>
</paragraph></subsection><subsection commented="no" display-inline="no-display-inline" id="id29BC17CC3BC440A490E6DCC2DFAAB122"><enum>(c)</enum><header>Students who
are not high school graduates</header>
<paragraph commented="no" display-inline="no-display-inline" id="id42614651A5BE4823A65CF8119B7DCB60"><enum>(1)</enum><header>Amendment</header><text display-inline="yes-display-inline">Section 484(d) of the HEA (20 U.S.C.
1091(d)) is amended—</text>
<subparagraph commented="no" display-inline="no-display-inline" id="id558DBBFCD4244FC8A657E5DFBB00B7C8"><enum>(A)</enum><text display-inline="yes-display-inline">in the matter preceding paragraph (1), by
striking <quote>meet one of the following standards:</quote>;</text>
</subparagraph><subparagraph commented="no" display-inline="no-display-inline" id="idEE6D2427033D46CEA5E554357054B221"><enum>(B)</enum><text display-inline="yes-display-inline">by striking paragraphs (1), (2), and (4);
and</text>
</subparagraph><subparagraph commented="no" display-inline="no-display-inline" id="idA9CA1E1CDE7A48D785CC25FD9F4CDD9F"><enum>(C)</enum><text display-inline="yes-display-inline">in paragraph (3), by striking <quote>(3)
The student has</quote> and inserting <quote>have</quote>; and</text>
</subparagraph></paragraph><paragraph commented="no" display-inline="no-display-inline" id="idDFC12180EAAA4B108269492F60CE2814"><enum>(2)</enum><header>Transition</header><text display-inline="yes-display-inline">The amendment made by paragraph (1) shall
apply to students who first enroll in a program of study on or after July 1,
2012.</text>
</paragraph><paragraph commented="no" display-inline="no-display-inline" id="idBF0C8AC0A61346B7998AFE1F217A860B"><enum>(3)</enum><header>Conforming
Change</header><text>Section 101(a)(1) of the HEA (20 U.S.C. 1001(a)(1) is
amended by striking <quote>section 484(d)(3)</quote> and inserting
<quote>section 484(d)</quote>.</text>
</paragraph></subsection><subsection commented="no" display-inline="no-display-inline" id="idBEC5365CF9FD4B8AA84836D802CE3BE3"><enum>(d)</enum><header>Temporary
elimination of interest subsidy during student loan grace period</header>
<paragraph commented="no" display-inline="no-display-inline" id="id3AAA1FA3326E4162BCA31B03D5EAB3C1"><enum>(1)</enum><text display-inline="yes-display-inline">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:</text>
<quoted-block display-inline="no-display-inline" id="id3A1660D1AECA43DEB70022746D1BA5D1" style="appropriations">
<subclause commented="no" display-inline="no-display-inline" id="id68ADCEC6797846F9991B8179A4E5C840"><enum>(I)</enum><text display-inline="yes-display-inline">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</text>
</subclause><after-quoted-block>.</after-quoted-block></quoted-block>
</paragraph><paragraph commented="no" display-inline="no-display-inline" id="id8534266399B04BDDA73B4C63F8FD48F9"><enum>(2)</enum><text display-inline="yes-display-inline">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.</text>
</paragraph></subsection><subsection commented="no" display-inline="no-display-inline" id="id26EE70444A1747A69CFEA308A8739E43"><enum>(e)</enum><header>Revised special
allowance calculation</header>
<paragraph commented="no" display-inline="no-display-inline" id="idB7121A5081EF4969887A4269ABBC072A"><enum>(1)</enum><header>Revised
calculation rule</header><text display-inline="yes-display-inline">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:</text>
<quoted-block display-inline="no-display-inline" id="idEC4CCD84902C4F50BC37E64B208D441B" style="appropriations">
<clause commented="no" display-inline="no-display-inline" id="idEBFE170860D74BDC8886B05FEA1E8BE3"><enum>(vii)</enum><header>Revised
calculation rule to reflect financial market conditions</header>
<subclause commented="no" display-inline="no-display-inline" id="id89FE3411CF3B44B18DA683F8A93048FE"><enum>(I)</enum><header>Calculation
based on libor</header><text display-inline="yes-display-inline">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 <quote>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</quote> for <quote>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</quote>.</text>
</subclause><subclause commented="no" display-inline="no-display-inline" id="id6B578A25670842E9B7EF1DBABBB1A44E"><enum>(II)</enum><header>Loans eligible
for libor-based calculation</header><text display-inline="yes-display-inline">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.</text>
</subclause><subclause commented="no" display-inline="no-display-inline" id="id6DC113BCD3BF4FE0B31E922FAE00FF68"><enum>(III)</enum><header>Terms of
waiver</header>
<item commented="no" display-inline="no-display-inline" id="id712969E7BDC2489EB35B7A588E98122A"><enum>(aa)</enum><header>In
general</header><text display-inline="yes-display-inline">A waiver pursuant to
subclause (II) shall be in a form (printed or electronic) prescribed by the
Secretary, and shall be applicable to—</text>
<subitem commented="no" display-inline="no-display-inline" id="idB7C5BCA76A5A45D28C6B6F2CEA6B4D3E"><enum>(AA)</enum><text display-inline="yes-display-inline">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);</text>
</subitem><subitem commented="no" display-inline="no-display-inline" id="id6BD964C78C654B2B8B531618EFEA640B"><enum>(BB)</enum><text display-inline="yes-display-inline">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</text>
</subitem><subitem commented="no" display-inline="no-display-inline" id="idBADA1AD85C4F4346BB8D4D92D8FBC7F8"><enum>(CC)</enum><text display-inline="yes-display-inline">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).</text>
</subitem></item><item commented="no" display-inline="no-display-inline" id="idD42D974D0B6945B4AC3A903F95FF2610"><enum>(bb)</enum><header>Exceptions</header><text display-inline="yes-display-inline">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—</text>
<subitem commented="no" display-inline="no-display-inline" id="id4FC9EAC89F5448308B0B0C7B6D6FE8C8"><enum>(AA)</enum><text display-inline="yes-display-inline">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</text>
</subitem><subitem commented="no" display-inline="no-display-inline" id="id794C7B984FC740BBB4C05BBAFB9ACB4E"><enum>(BB)</enum><text display-inline="yes-display-inline">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.</text>
</subitem></item></subclause></clause><after-quoted-block>.</after-quoted-block></quoted-block>
</paragraph><paragraph commented="no" display-inline="no-display-inline" id="idB5E20AC73E6443EDB1390ACCF0B920E1"><enum>(2)</enum><header>Conforming
amendments</header><text display-inline="yes-display-inline">Section
438(b)(2)(I) of the HEA (20 U.S.C. 1087–1(b)(2)(I)) is further amended—</text>
<subparagraph commented="no" display-inline="no-display-inline" id="idF6F20226DE4E422297C6CE2B639D98C6"><enum>(A)</enum><text display-inline="yes-display-inline">in clause (i)(II), by striking <quote>such
average bond equivalent rate</quote> and inserting <quote>the rate determined
under subclause (I) (in accordance with clause (vii))</quote>; and</text>
</subparagraph><subparagraph commented="no" display-inline="no-display-inline" id="idBBD287781C584F9698E4CE86FF24BBFB"><enum>(B)</enum><text display-inline="yes-display-inline">in clause (v)(III), by striking
<quote>(iv), and (vi)</quote> and inserting <quote>(iv), (vi), and
(vii)</quote>.</text>
</subparagraph></paragraph></subsection><subsection commented="no" display-inline="no-display-inline" id="idE683B778226A46578E369D596943B7C4"><enum>(f)</enum><header>Reappropriation
of mandatory savings</header><text display-inline="yes-display-inline">Section
401(b)(7)(A)(iv) of the HEA (20 U.S.C. 1070a(b)(7)(A)(iv)) is amended to read
as follows:</text>
<quoted-block display-inline="no-display-inline" id="idBCEEF520D7F5439CAE62B50C4602D584" style="appropriations">
<clause commented="no" display-inline="no-display-inline" id="id7C1DEF868D7A42AC9CBBCB18D2FDA9DF"><enum>(iv)</enum><text display-inline="yes-display-inline">to carry out this section—</text>
<subclause commented="no" display-inline="no-display-inline" id="idFB517E2825444C81A18C6132D016439B"><enum>(I)</enum><text display-inline="yes-display-inline">$13,500,000,000 for fiscal year
2011;</text>
</subclause><subclause commented="no" display-inline="no-display-inline" id="idDC39937304E4497F9F498448549605CE"><enum>(II)</enum><text display-inline="yes-display-inline">$13,795,000,000 for fiscal year
2012;</text>
</subclause><subclause commented="no" display-inline="no-display-inline" id="idEA8E86592AF743A7BBB6BB118225665A"><enum>(III)</enum><text display-inline="yes-display-inline">$7,587,000,000 for fiscal year 2013;</text>
</subclause><subclause commented="no" display-inline="no-display-inline" id="idB62C9DE40C65407EB5849739146166B0"><enum>(IV)</enum><text display-inline="yes-display-inline">$588,000,000 for fiscal year 2014;</text>
</subclause><subclause commented="no" display-inline="no-display-inline" id="id6522732462C64DA99BB95169D02D3156"><enum>(V)</enum><text display-inline="yes-display-inline">$0 for fiscal year 2015;</text>
</subclause><subclause commented="no" display-inline="no-display-inline" id="id02D806EA5D77424187C44A62F2F1B256"><enum>(VI)</enum><text display-inline="yes-display-inline">$0 for fiscal year 2016;</text>
</subclause><subclause commented="no" display-inline="no-display-inline" id="id9BEACDF5582E4C00A54C23C9DED108EC"><enum>(VII)</enum><text display-inline="yes-display-inline">$1,574,000,000 for fiscal year 2017;</text>
</subclause><subclause commented="no" display-inline="no-display-inline" id="idB9286E9959284A17B60B670886F56C26"><enum>(VIII)</enum><text display-inline="yes-display-inline">$1,382,000,000 for fiscal year 2018;</text>
</subclause><subclause commented="no" display-inline="no-display-inline" id="id49AAFA3F9BE94ADD86A3E902A5DA58BF"><enum>(IX)</enum><text display-inline="yes-display-inline">$1,409,000,000 for fiscal year 2019;</text>
</subclause><subclause commented="no" display-inline="no-display-inline" id="id6D085F7CC95B43EDA70A9BFBA710F63A"><enum>(X)</enum><text display-inline="yes-display-inline">$1,430,000,000 for fiscal year 2020;
and</text>
</subclause><subclause commented="no" display-inline="no-display-inline" id="id056E87DB824945F390425A4DC3D0231F"><enum>(XI)</enum><text display-inline="yes-display-inline">$1,145,000,000 for fiscal year 2021 and
each succeeding fiscal
year.</text>
</subclause></clause><after-quoted-block>.</after-quoted-block></quoted-block>
</subsection><subsection commented="no" display-inline="no-display-inline" id="id1B05456588784C7A85D4786C30263E22"><enum>(g)</enum><header>Effective
Date</header><text>The amendments made by subsections (a), (b), and (c) shall
take effect on July 1, 2012.</text>
</subsection><subsection commented="no" display-inline="no-display-inline" id="id99A8783B2F9944BEB144AD428A7D4E03"><enum>(h)</enum><header>Inapplicability
of negotiated rulemaking and master calendar exception</header><text display-inline="yes-display-inline">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.</text>
</subsection></section><appropriations-small commented="no" id="H2E4CBBADE2DF4706B4CD022C273783E4"><text display-inline="no-display-inline">This title may be cited as the
<quote><short-title>Department of Education Appropriations
Act, 2012</short-title></quote>.</text><pagebreak></pagebreak>
</appropriations-small><enum>IV</enum><header display-inline="no-display-inline">Related agencies</header>
<appropriations-intermediate commented="no" id="H0F1B8B09F7B2476F81735C9FA087C876"><header display-inline="yes-display-inline">Committee for purchase from people who are
blind or severely disabled</header>
</appropriations-intermediate><appropriations-small commented="no" id="HF82E4DE202A8442A8F8661CD0FC2896D"><header display-inline="yes-display-inline">Salaries and expenses</header><text display-inline="no-display-inline">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.</text>
</appropriations-small><appropriations-intermediate commented="no" id="HED8053B44D834865871A4367E22C1060"><header display-inline="yes-display-inline">Corporation for national and community
service</header>
</appropriations-intermediate><appropriations-small commented="no" id="H4AEACF1299A847728E2F391B26E7A643"><header display-inline="yes-display-inline">Operating
expenses</header>
</appropriations-small><appropriations-small commented="no" id="H34D66AD1B47749C191A793A2695E9D23"><text display-inline="no-display-inline">For necessary expenses for the Corporation
for National and Community Service (referred to in this title as
<quote>CNCS</quote>) to carry out the Domestic Volunteer Service Act of 1973
(referred to in this title as <quote>1973 Act</quote>) and the National and
Community Service Act of 1990 (referred to in this title as <quote>1990
Act</quote>), $751,672,000, notwithstanding sections 198B(b)(3), 198S(g),
501(a)(4)(C), and 501(a)(4)(F) of the 1990 Act:
<proviso><italic>Provided</italic></proviso>, 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:
<proviso><italic>Provided further</italic>,</proviso> 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.</text>
</appropriations-small><appropriations-small commented="no" id="H1CDF988FA9D94DFF949E176C761E1013"><header display-inline="yes-display-inline">National service
trust</header>
</appropriations-small><appropriations-small commented="no" id="HB00764C3E94640D9B4A639D982FCC29C"><header display-inline="yes-display-inline">(including transfer of funds)</header><text display-inline="no-display-inline">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:
<proviso><italic>Provided</italic></proviso>, That CNCS may transfer
additional funds from the amount provided within <quote>Operating
Expenses</quote> 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:
<proviso><italic> Provided further</italic></proviso>, 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).</text>
</appropriations-small><appropriations-small commented="no" id="H2C33D73D9DB04B9F8F25947211B23F28"><header display-inline="yes-display-inline">Salaries and expenses</header><text display-inline="no-display-inline">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.</text>
</appropriations-small><appropriations-small commented="no" id="H9E73E159341947E9B8F94AFC35EBE27B"><header display-inline="yes-display-inline">Office of inspector general</header><text display-inline="no-display-inline">For necessary expenses of the Office of
Inspector General in carrying out the Inspector General Act of 1978,
$4,000,000.</text>
</appropriations-small><appropriations-small commented="no" id="H7480D68EBCC34DBDB7E1C297EC54AA53"><header display-inline="yes-display-inline">Administrative
provisions</header>
</appropriations-small><section commented="no" display-inline="no-display-inline" id="HD23261F703944A1192961020434A9FB4" section-type="subsequent-section"><enum>401.</enum><text display-inline="yes-display-inline">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.</text>
</section><section commented="no" display-inline="no-display-inline" id="HE2976BBEF8964C1FB1F481FA50499FD1" section-type="subsequent-section"><enum>402.</enum><text display-inline="yes-display-inline">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.</text>
</section><section commented="no" display-inline="no-display-inline" id="H8D7AE0836CE3402B8A959486861A7ACD" section-type="subsequent-section"><enum>403.</enum><text display-inline="yes-display-inline">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.</text>
</section><section commented="no" display-inline="no-display-inline" id="id920072F05EB3496D94ACF8EE9FE49B54" section-type="subsequent-section"><enum>404.</enum><text display-inline="yes-display-inline">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.</text>
<appropriations-intermediate commented="no" id="H1D4360F1A98049539284029C05EFA40C"><header display-inline="yes-display-inline">Corporation for public
broadcasting</header><text display-inline="no-display-inline">For payment to
the Corporation for Public Broadcasting (referred to in this Act as
<quote>CPB</quote>), as authorized by the <act-name parsable-cite="CA34">Communications Act of 1934</act-name>, an amount which
shall be available within limitations specified by that Act, for the fiscal
year 2014, $445,000,000:
<proviso><italic>Provided</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, 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.</text>
</appropriations-intermediate><appropriations-intermediate id="HF24168C5D4024A10BB0012A64E32F876"><header>Federal mediation and
conciliation service</header>
</appropriations-intermediate><appropriations-small commented="no" id="HEA42AF91FC8A48889285C3CCFC42511F"><header>Salaries and
expenses</header><text display-inline="no-display-inline">For expenses
necessary for the Federal Mediation and Conciliation Service
(<quote>Service</quote>) 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:
<proviso><italic>Provided,</italic></proviso> 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:
<proviso><italic>Provided further,</italic></proviso> That fees for
arbitration services shall be available only for education, training, and
professional development of the agency workforce:
<proviso><italic>Provided further</italic></proviso>, 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.</text>
</appropriations-small><appropriations-intermediate commented="no" id="H60AC0D0781514C83BF7BE7E8AE401462"><header display-inline="yes-display-inline">Federal mine safety and health review
commission</header>
</appropriations-intermediate><appropriations-small commented="no" id="HA2DC94E4142F4477913AF5CA99A6EFF7"><header display-inline="yes-display-inline">Salaries and expenses</header><text display-inline="no-display-inline">For expenses necessary for the Federal Mine
Safety and Health Review Commission, $17,637,000.</text>
</appropriations-small><appropriations-intermediate commented="no" id="H4336F3EE95C143508FB75CED58DE6427"><header display-inline="yes-display-inline">Institute of museum and library
services</header>
</appropriations-intermediate><appropriations-small commented="no" id="H00D9D6AF2FCF46919764267F6EF04AEE"><header display-inline="yes-display-inline">Office of museum and library services:
grants and administration</header><text display-inline="no-display-inline">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.</text>
</appropriations-small><appropriations-intermediate id="H5F7C48D953574CE288325EC1B9C4795C"><header>Medicaid and CHIP payment and
access commission</header>
</appropriations-intermediate><appropriations-small commented="no" id="H3B3DDC90B80144D29A8432F6DAC3C104"><header>Salaries and
expenses</header><text display-inline="no-display-inline">For expenses
necessary to carry out section 1900 of the Social Security Act,
$6,000,000.</text>
</appropriations-small><appropriations-intermediate commented="no" id="H8D5645B2573945C9BE5758C0CB09D824"><header display-inline="yes-display-inline">Medicare payment advisory
commission</header>
</appropriations-intermediate><appropriations-small commented="no" id="HC25E94EAC34F45338FF51792672291BB"><header display-inline="yes-display-inline">Salaries and expenses</header><text display-inline="no-display-inline">For expenses necessary to carry out section
1805 of the <act-name parsable-cite="SSA">Social Security Act</act-name>,
$11,800,000, to be transferred to this appropriation from the Federal Hospital
Insurance Trust Fund and the Federal Supplementary Medical Insurance Trust
Fund.</text>
</appropriations-small><appropriations-intermediate commented="no" id="HD4F071E589704D529D626FDB1DA1D21E"><header display-inline="yes-display-inline">National council on
disability</header>
</appropriations-intermediate><appropriations-small commented="no" id="H489AE99123D8470FA43EE7B293B2F3B3"><header display-inline="yes-display-inline">Salaries and expenses</header><text display-inline="no-display-inline">For expenses necessary for the National
Council on Disability as authorized by title IV of the
<act-name parsable-cite="REH">Rehabilitation Act of 1973</act-name>,
$3,264,000.</text>
</appropriations-small><appropriations-intermediate commented="no" id="H0C403C58905946C18FD7AF951EFB5C1F"><header display-inline="yes-display-inline">National labor relations
board</header>
</appropriations-intermediate><appropriations-small commented="no" id="HD12A769AC48A4DEF8105F6F2343628FD"><header display-inline="yes-display-inline">Salaries and expenses</header><text display-inline="no-display-inline">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:
<proviso><italic>Provided</italic></proviso>, 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.</text>
</appropriations-small><appropriations-small commented="no" id="id7D378DCA9C434D568343C4723E5B1BA7"><header display-inline="yes-display-inline">Administrative
provision</header>
</appropriations-small></section><section id="HC5D3B5CF40A44EE6AE7137846B4BE8D5"><enum>405.</enum><text display-inline="yes-display-inline">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.</text>
<appropriations-intermediate commented="no" id="HA7ECD37BAA774DDABB02B16F1B31D211"><header display-inline="yes-display-inline">National mediation
board</header>
</appropriations-intermediate><appropriations-small commented="no" id="HFB63727E3E1A47348BAE55CDBF80D403"><header display-inline="yes-display-inline">Salaries and expenses</header><text display-inline="no-display-inline">For expenses necessary to carry out the
provisions of the Railway Labor Act, including emergency boards appointed by
the President, $13,436,000.</text>
</appropriations-small><appropriations-intermediate commented="no" id="H61EE6513EC7D4B959B57B212CABA526A"><header display-inline="yes-display-inline">Occupational safety and health review
commission</header>
</appropriations-intermediate><appropriations-small commented="no" id="HA241B285BFA94B3DA5EAE82F9A207A64"><header display-inline="yes-display-inline">Salaries and expenses</header><text display-inline="no-display-inline">For expenses necessary for the Occupational
Safety and Health Review Commission, $11,689,000.</text>
</appropriations-small><appropriations-intermediate commented="no" id="HE85A222E2E6B48678C214177A231113D"><header display-inline="yes-display-inline">Railroad retirement
board</header>
</appropriations-intermediate><appropriations-small commented="no" id="HFBE154A7EBDA4B1687B736E8100392D9"><header display-inline="yes-display-inline">Dual benefits payments
account</header><text display-inline="no-display-inline">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:
<proviso><italic>Provided</italic></proviso>, 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.</text>
</appropriations-small><appropriations-small commented="no" id="HE25C7B30273B4A718EBAB5C7A0D8B608"><header display-inline="yes-display-inline">Federal payments to the railroad retirement
accounts</header><text display-inline="no-display-inline">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.</text>
</appropriations-small><appropriations-small commented="no" id="H31E2DD25EA394F41B9665548DCB2A3E1"><header display-inline="yes-display-inline">Limitation on administration</header><text display-inline="no-display-inline">For necessary expenses for the Railroad
Retirement Board (<quote>Board</quote>) 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.</text>
</appropriations-small><appropriations-small commented="no" id="H83D336E254E14C138620AA813A57102F"><header display-inline="yes-display-inline">Limitation on the office of inspector
general</header><text display-inline="no-display-inline">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.</text>
</appropriations-small><appropriations-intermediate commented="no" id="H7A3E451977D84B5781FE0C2B35C83CF9"><header display-inline="yes-display-inline">Social security
administration</header>
</appropriations-intermediate><appropriations-small commented="no" id="HA32778E8D70D4044B610148812811127"><header display-inline="yes-display-inline">Payments to social security trust
funds</header><text display-inline="no-display-inline">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 <act-name parsable-cite="SSA">Social Security Act</act-name>,
$20,404,000.</text>
</appropriations-small><appropriations-small id="H577E1DDA9D6F4588967F859E9B3C04FF"><header>Supplemental security income
program</header><text display-inline="no-display-inline">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:
<proviso><italic>Provided</italic></proviso>, 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:
<proviso><italic>Provided further,</italic></proviso> 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.</text><text display-inline="no-display-inline">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.</text><text display-inline="no-display-inline">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.</text>
</appropriations-small><appropriations-small id="HC6FC975E2F09457E81E5849DCA9A5707"><header>Limitation
on administrative expenses</header>
</appropriations-small><appropriations-small commented="no" id="HA8A4FD566E424784B159DE5E15F5373A"><text display-inline="no-display-inline">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:
<proviso><italic>Provided</italic></proviso>, That not less than
$2,150,000 shall be for the Social Security Advisory Board:
<proviso><italic>Provided further</italic></proviso>, 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:
<proviso><italic>Provided further</italic>,</proviso> 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:
<proviso><italic>Provided further</italic></proviso>, 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.</text><text display-inline="no-display-inline">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, not more than $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:
<proviso><italic>Provided further</italic>,</proviso> 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.</text>
</appropriations-small><appropriations-small id="id2D63C846B2F247CAA2A77762A30C86AD"><text display-inline="no-display-inline">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.</text>
</appropriations-small><appropriations-small id="idC0CE5533378B4A7A9D6A7FCF08415CF6"><text display-inline="no-display-inline">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.</text>
</appropriations-small><appropriations-small commented="no" id="H6F4DF2E9A8184441BDFBEF8F485C377A"><header display-inline="yes-display-inline">Office of inspector
general</header>
</appropriations-small><appropriations-small commented="no" id="HA52F99ED3963489CA7000A23F49BCE24"><header display-inline="yes-display-inline">(including transfer of funds)</header><text display-inline="no-display-inline">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
<act-name parsable-cite="SSA">Social Security Act</act-name> from the Federal
Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance
Trust Fund.</text><text display-inline="no-display-inline">In addition, an
amount not to exceed 3 percent of the total provided in this appropriation may
be transferred from the <quote>Limitation on Administrative Expenses</quote>,
Social Security Administration, to be merged with this account, to be available
for the time and purposes for which this account is available:
<proviso><italic>Provided,</italic></proviso> 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.<pagebreak></pagebreak></text>
</appropriations-small></section><enum>V</enum><header display-inline="no-display-inline">General provisions</header>
<appropriations-small id="H83FC863B1425485EBF3EC500B6A3D582"><header>(transfer of
funds)</header>
</appropriations-small><section commented="no" display-inline="no-display-inline" id="H6D7B1A40F59E4C348DC4F4DF98F9D6DC" section-type="subsequent-section"><enum>501.</enum><text display-inline="yes-display-inline">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.</text>
</section><section commented="no" display-inline="no-display-inline" id="H5D85608C891D40BB892A51CABEAF7517" section-type="subsequent-section"><enum>502.</enum><text display-inline="yes-display-inline">No part of any appropriation contained in
this Act shall remain available for obligation beyond the current fiscal year
unless expressly so provided herein.</text>
</section><section id="id1EA35DF2C4DD4F69B752D496CCFCA208"><enum>503.</enum><subsection commented="no" display-inline="yes-display-inline" id="id00D82D6C13B7430BB5AD3D35C9301079"><enum>(a)</enum><text display-inline="yes-display-inline">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.</text>
</subsection><subsection id="idD86A1BDC471D4B80BBDFC9A993092871"><enum>(b)</enum><text display-inline="yes-display-inline">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.</text>
</subsection><subsection id="id8C11E034628E48B48D9A7D40ABFB2446"><enum>(c)</enum><text display-inline="yes-display-inline">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.</text>
</subsection></section><section id="HC3BBF384576744EA8993604F63A3407C"><enum>504.</enum><text display-inline="yes-display-inline">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 <quote>Federal Mediation and Conciliation
Service, Salaries and Expenses</quote>; 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
<quote>National Mediation Board, Salaries and Expenses</quote>.</text>
</section><section commented="no" display-inline="no-display-inline" id="HA31BB9FEC2CB4843AC27558CD9FC9E5A" section-type="subsequent-section"><enum>505.</enum><text display-inline="yes-display-inline">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—</text>
<paragraph commented="no" display-inline="no-display-inline" id="H97F9303ECCA740FBAB170E6B45F9AE2D"><enum>(1)</enum><text display-inline="yes-display-inline">the percentage of the total costs of the
program or project which will be financed with Federal money;</text>
</paragraph><paragraph commented="no" display-inline="no-display-inline" id="HA4841706D4A246229D29130247B1BF4E"><enum>(2)</enum><text display-inline="yes-display-inline">the dollar amount of Federal funds for the
project or program; and</text>
</paragraph><paragraph commented="no" display-inline="no-display-inline" id="H072FA230ACC4436B96A31139AE919C85"><enum>(3)</enum><text display-inline="yes-display-inline">percentage and dollar amount of the total
costs of the project or program that will be financed by non-governmental
sources.</text>
</paragraph></section><section commented="no" display-inline="no-display-inline" id="HD3755F6C9D914A98AA7EA9BA41E64F8E" section-type="subsequent-section"><enum>506.</enum><subsection commented="no" display-inline="yes-display-inline" id="HA4FCDC6E67B44A1D996C0D3F7323ED38"><enum>(a)</enum><text display-inline="yes-display-inline">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.</text>
</subsection><subsection commented="no" display-inline="no-display-inline" id="H9C15655709B44341A9DE2A7B4E7BB623"><enum>(b)</enum><text display-inline="yes-display-inline">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.</text>
</subsection><subsection commented="no" display-inline="no-display-inline" id="HCE87678B83394D4C9D5FAAC5409F9C8B"><enum>(c)</enum><text display-inline="yes-display-inline">The term <term>health benefits
coverage</term> means the package of services covered by a managed care
provider or organization pursuant to a contract or other arrangement.</text>
</subsection></section><section commented="no" display-inline="no-display-inline" id="HB3BEE93FAEFF407D80E59380C2B0B7AD" section-type="subsequent-section"><enum>507.</enum><subsection commented="no" display-inline="yes-display-inline" id="H784428169F8948A69EE0D4934069D895"><enum>(a)</enum><text display-inline="yes-display-inline">The limitations established in the
preceding section shall not apply to an abortion—</text>
<paragraph commented="no" display-inline="no-display-inline" id="HE7D173D5C03A45A1A19E77E5053F470A"><enum>(1)</enum><text display-inline="yes-display-inline">if the pregnancy is the result of an act of
rape or incest; or</text>
</paragraph><paragraph commented="no" display-inline="no-display-inline" id="HE10AAB8ACE9349A88BF1E910E198C866"><enum>(2)</enum><text display-inline="yes-display-inline">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.</text>
</paragraph></subsection><subsection commented="no" display-inline="no-display-inline" id="HE213EA9E612C4E74B2F8DCEBC9DF936A"><enum>(b)</enum><text display-inline="yes-display-inline">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).</text>
</subsection><subsection commented="no" display-inline="no-display-inline" id="H6C673CF969404888B07CEDEB0EAE07F6"><enum>(c)</enum><text display-inline="yes-display-inline">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).</text>
</subsection><subsection commented="no" display-inline="no-display-inline" id="H3A75D10CE72D44EA90E9B4C102B60DAF"><enum>(d)</enum><paragraph commented="no" display-inline="yes-display-inline" id="H62FF8C72730847D1851C9E96C616A329"><enum>(1)</enum><text display-inline="yes-display-inline">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.</text>
</paragraph><paragraph commented="no" display-inline="no-display-inline" id="H3DA96DCC794642E5AB49E67E6D98BF17" indent="up1"><enum>(2)</enum><text display-inline="yes-display-inline">In this subsection, the term <term>health
care entity</term> 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.</text>
</paragraph></subsection></section><section commented="no" display-inline="no-display-inline" id="H0DC896101B934DB19C6183EACCD767CA" section-type="subsequent-section"><enum>508.</enum><subsection commented="no" display-inline="yes-display-inline" id="H2061433F02294972978E7A394D632868"><enum>(a)</enum><text display-inline="yes-display-inline">None of the funds made available in this
Act may be used for—</text>
<paragraph commented="no" display-inline="no-display-inline" id="H92067FF5CA394D2BA09CD91D90156927"><enum>(1)</enum><text display-inline="yes-display-inline">the creation of a human embryo or embryos
for research purposes; or</text>
</paragraph><paragraph commented="no" display-inline="no-display-inline" id="H33268275EE814402BFAA43F33C4C6752"><enum>(2)</enum><text display-inline="yes-display-inline">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 <act-name parsable-cite="PHSA">Public
Health Service Act</act-name> (42 U.S.C. 289g(b)).</text>
</paragraph></subsection><subsection commented="no" display-inline="no-display-inline" id="H6AD0C193ECC042DD8192E99357BDBB28"><enum>(b)</enum><text display-inline="yes-display-inline">For purposes of this section, the term
<term>human embryo or embryos</term> 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.</text>
</subsection></section><section commented="no" display-inline="no-display-inline" id="HBFA5422CF6E2494A8BAD43242A113A8E" section-type="subsequent-section"><enum>509.</enum><subsection commented="no" display-inline="yes-display-inline" id="HCEDD9DDFD05B44059010208390AEC7A6"><enum>(a)</enum><text display-inline="yes-display-inline">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 <act-name parsable-cite="CSA">Controlled Substances Act</act-name> except for normal and
recognized executive-congressional communications.</text>
</subsection><subsection commented="no" display-inline="no-display-inline" id="HF0B3FCB0A4C5493A964B3DA982CE77D2"><enum>(b)</enum><text display-inline="yes-display-inline">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.</text>
</subsection></section><section commented="no" display-inline="no-display-inline" id="H8A60D6BAF7034957B7530734B9F63480" section-type="subsequent-section"><enum>510.</enum><text display-inline="yes-display-inline">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 <act-name parsable-cite="SSA">Social Security Act</act-name> 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.</text>
</section><section commented="no" display-inline="no-display-inline" id="H4988DFD6C461460A9E66EF940E6E35EF" section-type="subsequent-section"><enum>511.</enum><text display-inline="yes-display-inline">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—</text>
<paragraph commented="no" display-inline="no-display-inline" id="H38C283470F8E483DB816A7532F5E21FB"><enum>(1)</enum><text display-inline="yes-display-inline">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</text>
</paragraph><paragraph commented="no" display-inline="no-display-inline" id="H9118A3B7865E48589341C8393D6D031F"><enum>(2)</enum><text display-inline="yes-display-inline">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.</text>
</paragraph></section><section commented="no" display-inline="no-display-inline" id="HB536891850E44A27BDBE8A1603595E35" section-type="subsequent-section"><enum>512.</enum><text display-inline="yes-display-inline">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.</text>
</section><section commented="no" display-inline="no-display-inline" id="H9FA522389A874D9AA778C87DF17FAD24" section-type="subsequent-section"><enum>513.</enum><text display-inline="yes-display-inline">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.</text>
</section><section id="H95D3248224014407BC43A735857BBF14"><enum>514.</enum><text display-inline="yes-display-inline">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.</text>
</section><section commented="no" display-inline="no-display-inline" id="H3BD55EDF467F4A29AAFF341BD07E7E99" section-type="subsequent-section"><enum>515.</enum><subsection commented="no" display-inline="yes-display-inline" id="H6E4089528E3C486F9791BCBBD58826D1"><enum>(a)</enum><text display-inline="yes-display-inline">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—</text>
<paragraph commented="no" display-inline="no-display-inline" id="HE22179F51C0F4571BFD05C65832F6814"><enum>(1)</enum><text display-inline="yes-display-inline">creates new programs;</text>
</paragraph><paragraph commented="no" display-inline="no-display-inline" id="H2E6C9CDA05A842D3BE5C1424EAA65E89"><enum>(2)</enum><text display-inline="yes-display-inline">eliminates a program, project, or
activity;</text>
</paragraph><paragraph commented="no" display-inline="no-display-inline" id="H8E0B4DBF8691478CA667E4CFAA66686F"><enum>(3)</enum><text display-inline="yes-display-inline">increases funds or personnel by any means
for any project or activity for which funds have been denied or
restricted;</text>
</paragraph><paragraph commented="no" display-inline="no-display-inline" id="H57E4709C382141C4AEC1ACE4BAC523AF"><enum>(4)</enum><text display-inline="yes-display-inline">relocates an office or employees;</text>
</paragraph><paragraph commented="no" display-inline="no-display-inline" id="HF6C4EF0CB0B046E3A4A528F4CB579386"><enum>(5)</enum><text display-inline="yes-display-inline">reorganizes or renames offices;</text>
</paragraph><paragraph commented="no" display-inline="no-display-inline" id="H5AE7CBC022AF41D68CBCDE91523FC09E"><enum>(6)</enum><text display-inline="yes-display-inline">reorganizes programs or activities;
or</text>
</paragraph><paragraph commented="no" display-inline="no-display-inline" id="H9B0FC3C11D284288828DEF3C76A233C1"><enum>(7)</enum><text display-inline="yes-display-inline">contracts out or privatizes any functions
or activities presently performed by Federal employees;</text>
</paragraph><continuation-text commented="no" continuation-text-level="subsection">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.</continuation-text></subsection><subsection commented="no" display-inline="no-display-inline" id="HD7FB550E328B46398BABA40605DCC7CF"><enum>(b)</enum><text display-inline="yes-display-inline">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—</text>
<paragraph commented="no" display-inline="no-display-inline" id="HC3CB0748F94C4103A3A1FDCD42D45CD3"><enum>(1)</enum><text display-inline="yes-display-inline">augments existing programs, projects
(including construction projects), or activities;</text>
</paragraph><paragraph commented="no" display-inline="no-display-inline" id="HE36A944276704AC28003A5F53E1C0634"><enum>(2)</enum><text display-inline="yes-display-inline">reduces by 10 percent funding for any
existing program, project, or activity, or numbers of personnel by 10 percent
as approved by Congress; or</text>
</paragraph><paragraph commented="no" display-inline="no-display-inline" id="HD8D26EDA0A1C48A6A918247FFA563543"><enum>(3)</enum><text display-inline="yes-display-inline">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;</text>
</paragraph><continuation-text commented="no" continuation-text-level="subsection">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.</continuation-text></subsection></section><section id="H02C06FBB7F344338AEB0A1376E6D55DD"><enum>516.</enum><subsection commented="no" display-inline="yes-display-inline" id="H5B0B32D849AE49BF82C22F820397E594"><enum>(a)</enum><text display-inline="yes-display-inline">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.</text>
</subsection><subsection commented="no" display-inline="no-display-inline" id="HBCF88FB8DB34405096BB01C7421ED564"><enum>(b)</enum><text>None of the funds
made available in this Act may be used to disseminate information that is
deliberately false or misleading.</text>
</subsection></section><section commented="no" display-inline="no-display-inline" id="HBF774226973E400EB16872991605C8A1" section-type="subsequent-section"><enum>517.</enum><text display-inline="yes-display-inline">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.</text>
</section><section commented="no" display-inline="no-display-inline" id="H1BD8643E4D5C4965AD8FA1373F39AFC8" section-type="subsequent-section"><enum>518.</enum><text display-inline="yes-display-inline">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.</text>
</section><section commented="no" display-inline="no-display-inline" id="HDA27FE6F72F641FA9A351FEEA5353A9C" section-type="subsequent-section"><enum>519.</enum><text display-inline="yes-display-inline">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.</text>
</section><section id="H6BB1BAC01AC148829D91FFEFFBFBA0BA"><enum>520.</enum><text display-inline="yes-display-inline">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.</text>
</section><section id="H7E520759ABF74DBD85B3D47A89CEAB5B"><enum>521.</enum><text display-inline="yes-display-inline">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.</text>
<appropriations-small commented="no" id="idD5D4E0D9149F428B9EB4DC0E8B4C81A6"><header display-inline="yes-display-inline">(rescission)</header>
</appropriations-small></section><section commented="no" display-inline="no-display-inline" id="id212C52311E2742F9A44B715B243FB40B" section-type="subsequent-section"><enum>522.</enum><text display-inline="yes-display-inline">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.</text>
</section><section id="H40A8B9776DFF49F3991A165F85EC43FC"><enum>523.</enum><text display-inline="yes-display-inline">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.</text>
<appropriations-small commented="no" id="HFB63727E3E1A47348BAE56CDBF80D403"><header display-inline="yes-display-inline">(rescission)</header>
</appropriations-small></section><section id="HF07131C954D1422ABDBE018E7815F0E9"><enum>524.</enum><text display-inline="yes-display-inline">Of the funds made available under section
1322 of Public Law 111–148, $400,000,000 are rescinded.</text>
<appropriations-small commented="no" id="idAADC0307AF1D4FA8A2BAC26DF9832371"><header display-inline="yes-display-inline">(rescission)</header>
</appropriations-small></section><section id="H3CEAA5DA0C404557AA5152A8B6297DD6"><enum>525.</enum><text display-inline="yes-display-inline">Of the funds made available for fiscal year
2012 under section 3403 of Public Law 111–148, $10,000,000 are
rescinded.</text>
</section><section commented="no" id="HC88ADCB8A545475DB698C37C7A2E7634"><enum>526.</enum><text display-inline="yes-display-inline">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:
<proviso><italic>Provided,</italic></proviso> 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.</text>
</section><section id="H74C99FF53ABB4D91B68BEC63D000A8BC"><enum>527.</enum><subsection commented="no" display-inline="yes-display-inline" id="H260876F7E16A4ADAB2C980003CE62336"><enum>(a)</enum><header>Across-the-Board
Rescissions</header><text display-inline="yes-display-inline">There is hereby
rescinded an amount equal to 0.189 percent of—</text>
<paragraph id="HB2659DDA7DA6481FB3C992835208594B"><enum>(1)</enum><text>the budget
authority provided for fiscal year 2012 for any discretionary account of this
Act; and</text>
</paragraph><paragraph id="HEBE7E6953133454EB9E52389F0818848"><enum>(2)</enum><text>the budget
authority provided in any advance appropriation for fiscal year 2012 for any
discretionary account in any prior fiscal year appropriation Act.</text>
</paragraph></subsection><subsection id="H1E320CC3215E4B65982FD590F9D9D15B"><enum>(b)</enum><header>Proportionate
Application</header><text>Any rescission made by subsection (a) shall be
applied proportionately—</text>
<paragraph id="HFD965FF5702145828F0DEAD760C537CD"><enum>(1)</enum><text>to each
discretionary account and each item of budget authority described in such
subsection; and</text>
</paragraph><paragraph id="HF4E201B6332C4F659E26E2AC708DE289"><enum>(2)</enum><text>within each such
account and item, to each program, project, and activity (with programs,
projects, and activities as delineated in this Act or in the explanatory
statement described in section 4 (in the matter preceding division A of this
consolidated Act)).</text>
</paragraph></subsection><subsection id="H36832CBE53B54BC3B0A63F550A40EFDB"><enum>(c)</enum><header>Exception</header><text>This
section shall not apply to discretionary authority appropriated for the Federal
Pell Grants program under the heading <quote>Department of Education, Student
Financial Assistance</quote>.</text>
</subsection><subsection commented="no" display-inline="no-display-inline" id="HF1C6435958DC45C794F52BD985BB5524"><enum>(d)</enum><header>OMB
Report</header><text>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.</text>
</subsection></section><appropriations-small commented="no" id="H2E4CBBADE2DF4706B4CD022C273793E4"><text display-inline="no-display-inline">This division may be cited as the
<quote><short-title>Departments of Labor, Health and Human
Services, and Education, and Related Agencies Appropriations Act,
2012</short-title></quote>.<pagebreak></pagebreak></text>
</appropriations-small>GLEGISLATIVE
BRANCH APPROPRIATIONS ACT, 2012
<enum>I</enum><header display-inline="yes-display-inline">Legislative Branch </header>
<appropriations-major commented="no" id="idA690F3D6437A41C5803401501CFA1C3C">
</appropriations-major><appropriations-major commented="no" id="id809B4458FED64624A9E0E87D3B745687"><header display-inline="yes-display-inline">SENATE</header>
</appropriations-major><appropriations-intermediate commented="no" id="idC2981409BCF6409DA3CE37611437F8D5"><header display-inline="yes-display-inline">Expense allowances</header><text display-inline="no-display-inline">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<italic>.</italic></text>
</appropriations-intermediate><appropriations-intermediate commented="no" id="idADCD72DFE0A24C229D207476048B1B04"><header display-inline="yes-display-inline">Representation Allowances for the Majority
and Minority Leaders</header><text display-inline="no-display-inline">For
representation allowances of the Majority and Minority Leaders of the Senate,
$14,070 for each such Leader; in all,
$28,140<italic>.</italic></text>
</appropriations-intermediate><appropriations-intermediate commented="no" id="id31EC6B3371164F5A8C3F886075A8EB4C"><header display-inline="yes-display-inline">Salaries, officers and
employees</header><text display-inline="no-display-inline">For compensation of
officers, employees, and others as authorized by law, including agency
contributions, $175,763,738<italic>,</italic> which shall be paid from this
appropriation without regard to the following
limitations:</text>
</appropriations-intermediate><appropriations-small commented="no" id="idA13A6009D40441289531911207A1ED2B"><header display-inline="yes-display-inline">Office of the Vice President</header><text display-inline="no-display-inline">For the Office of the Vice President,
$2,361,248<italic>.</italic></text>
</appropriations-small><appropriations-small commented="no" id="id045EA688B84743E88D37FF2E3C7A579B"><header display-inline="yes-display-inline">Office of the President Pro
Tempore</header><text display-inline="no-display-inline">For the Office of the
President Pro Tempore, $705,466<italic>.</italic></text>
</appropriations-small><appropriations-small commented="no" id="id7532DDEC66EC461284FAA084B67179FA"><header display-inline="yes-display-inline">Offices of the Majority and Minority
Leaders</header><text display-inline="no-display-inline">For Offices of the
Majority and Minority Leaders, $5,201,576.</text>
</appropriations-small><appropriations-small commented="no" id="id16E061D2D49845B19327C02D5192E5B5"><header display-inline="yes-display-inline">Offices of the Majority and Minority
Whips</header><text display-inline="no-display-inline">For Offices of the
Majority and Minority Whips, $3,281,424.</text>
</appropriations-small><appropriations-small commented="no" id="id0CB857B27FAD45BC887DF9BB430EA932"><header display-inline="yes-display-inline">Committee on Appropriations</header><text display-inline="no-display-inline">For salaries of the Committee on
Appropriations, $14,863,573<italic>.</italic></text>
</appropriations-small><appropriations-small commented="no" id="id53583BDD75664627AE52521DE2BFF7C1"><header display-inline="yes-display-inline">Conference Committees</header><text display-inline="no-display-inline">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<italic>.</italic></text>
</appropriations-small><appropriations-small commented="no" id="idF067C76E1C18476D92EDC83D58BCA74B"><header display-inline="yes-display-inline">Offices of the Secretaries of the
Conference of the Majority and the Conference of the Minority</header><text display-inline="no-display-inline">For Offices of the Secretaries of the
Conference of the Majority and the Conference of the Minority,
$797,402<italic>.</italic></text>
</appropriations-small><appropriations-small commented="no" id="id58829B325B874E95977253FAB18B33CA"><header display-inline="yes-display-inline">Policy Committees</header><text display-inline="no-display-inline">For salaries of the Majority Policy
Committee and the Minority Policy Committee, $1,653,905 for each such
committee; in all, $3,307,810<italic>.</italic></text>
</appropriations-small><appropriations-small commented="no" id="idA9BCC60A2F49469786A3E05897F0FAEE"><header display-inline="yes-display-inline">Office of the Chaplain</header><text display-inline="no-display-inline">For Office of the Chaplain,
$405,886<italic>.</italic></text>
</appropriations-small><appropriations-small commented="no" id="id0948B3D5A8D847AF92A986FB336F1F9E"><header display-inline="yes-display-inline">Office of the Secretary</header><text display-inline="no-display-inline">For Office of the Secretary,
$24,194,115<italic>.</italic></text>
</appropriations-small><appropriations-small commented="no" id="id8B52917787FC44C18A553D856F0E20D8"><header display-inline="yes-display-inline">Office of the Sergeant at Arms and
Doorkeeper</header><text display-inline="no-display-inline">For Office of the
Sergeant at Arms and Doorkeeper,
$73,000,000<italic>.</italic></text>
</appropriations-small><appropriations-small commented="no" id="idB538A7CEE3664B3E9A7A4E67EF4DD751"><header display-inline="yes-display-inline">Offices of the Secretaries for the Majority
and Minority</header><text display-inline="no-display-inline">For Offices of
the Secretary for the Majority and the Secretary for the Minority,
$1,722,388<italic>.</italic></text>
</appropriations-small><appropriations-small commented="no" id="idFFD9F509ECB14B459E4CDE34B796629A"><header display-inline="yes-display-inline">Agency Contributions and Related
Expenses</header><text display-inline="no-display-inline">For agency
contributions for employee benefits, as authorized by law, and related
expenses, $42,684,460<italic>. </italic></text>
</appropriations-small><appropriations-intermediate commented="no" id="idB9A5124A56F44900A8F65C320052AD60"><header display-inline="yes-display-inline">Office of the Legislative Counsel of the
Senate</header>
</appropriations-intermediate><appropriations-intermediate commented="no" id="id896B27DE3161439685856FA9C56105D6"><text display-inline="no-display-inline">For salaries and expenses of the Office of
the Legislative Counsel of the Senate,
$6,995,300<italic>.</italic></text>
</appropriations-intermediate><appropriations-intermediate commented="no" id="idBECF974FCBA84FA8AFDE22C195ADADCC"><header display-inline="yes-display-inline">Office of Senate Legal
Counsel</header><text display-inline="no-display-inline">For salaries and
expenses of the Office of Senate Legal Counsel,
$1,449,000.</text>
</appropriations-intermediate><appropriations-intermediate commented="no" id="idD490C6DE93914B7688CE2D538E60FDEC"><header display-inline="yes-display-inline">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</header><text display-inline="no-display-inline">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<italic></italic>; in all,
$28,440.</text>
</appropriations-intermediate><appropriations-intermediate commented="no" id="id95EBAD3D7B8641B5BB6BC517FA028981"><header display-inline="yes-display-inline">Contingent Expenses of the Senate
</header>
</appropriations-intermediate><appropriations-small commented="no" id="idFDA395502BA545FF8609B89EC0075E12"><header display-inline="yes-display-inline">Inquiries and Investigations</header><text display-inline="no-display-inline">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.</text>
</appropriations-small><appropriations-small commented="no" id="id5FFE1EA5E72D4E788CD76A9852D8B1D4"><header display-inline="yes-display-inline">Expenses of the United States Senate Caucus
on International Narcotics Control</header><text display-inline="no-display-inline">For expenses of the United States Senate
Caucus on International Narcotics Control,
$487,822.</text>
</appropriations-small><appropriations-small commented="no" id="id43D9E9F5AEFA4ACAB9AD12D47E6FC976"><header display-inline="yes-display-inline">Secretary of the Senate</header><text display-inline="no-display-inline">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.</text>
</appropriations-small><appropriations-small commented="no" id="idDB2497B26451496B902110B2041A9515"><header display-inline="yes-display-inline">Sergeant at Arms and Doorkeeper of the
Senate</header><text display-inline="no-display-inline">For expenses of the
Office of the Sergeant at Arms and Doorkeeper of the Senate,
$130,722,080<italic>,</italic> which shall remain available until September 30,
2016.</text>
</appropriations-small><appropriations-small commented="no" id="id9F717B9A8D104C07A292D5C4F9867C5E"><header display-inline="yes-display-inline">Miscellaneous Items</header><text display-inline="no-display-inline">For miscellaneous items, $19,360,000, which
shall remain available until September 30, 2014.</text>
</appropriations-small><appropriations-small commented="no" id="id19A75993533642C18AC1E207608100E4"><header display-inline="yes-display-inline">Senators' Official Personnel and Office
Expense Account</header><text display-inline="no-display-inline">For Senators'
Official Personnel and Office Expense Account, $396,180,000 <italic></italic>of
which $18,921,206 shall remain available until September 30,
2014.<italic></italic></text>
</appropriations-small><appropriations-small commented="no" id="id8A0144D738BE4C1A9F6F48671B2E7EE3"><header display-inline="yes-display-inline">Official Mail Costs</header><text display-inline="no-display-inline">For expenses necessary for official mail
costs of the Senate, $281,436<italic>.</italic></text>
</appropriations-small><appropriations-small id="id45915E8348EC4EC98B13F3D00BA7E274"><header>administrative
provision</header>
</appropriations-small><appropriations-small id="id722EFE0EE6574951BCADC3A7026AE945"><header>Payment
of certain expenses</header>
</appropriations-small><section id="id9EB82697BAD5497FA30D43E106C0B98D"><enum>1.</enum><subsection commented="no" display-inline="yes-display-inline" id="id325922EEBA7F448392C414035C1100DF"><enum>(a)</enum><header>In
general</header><text>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 <quote>SENATE</quote> under the
heading <quote>LEGISLATIVE BRANCH</quote> 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.</text>
</subsection><subsection commented="no" display-inline="no-display-inline" id="idE94A01CAFA8B4CFCA45996CAC3D7F4F6"><enum>(b)</enum><header>Effective
date</header><text display-inline="yes-display-inline">This section shall apply
to fiscal year 2012 and each fiscal year thereafter.</text>
</subsection></section><appropriations-major id="ID024E9F344E8849109F02F696AE8AEAC0"><header>House of
representatives</header>
</appropriations-major><appropriations-intermediate id="H9B928B2D1CDE44D0B0D1AB2E3C8E8518"><header>Salaries and
expenses</header><text display-inline="no-display-inline">For salaries and
expenses of the House of Representatives, $1,225,680,000, as
follows:</text>
</appropriations-intermediate><appropriations-small id="id0E467E4A33F94828B71D8F86AC6D4EF3"><header>House
leadership offices</header><text display-inline="no-display-inline">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.</text>
</appropriations-small><appropriations-intermediate id="id5F2DC32C9B664AFF8A16196B0950BDA0"><header>Members' representational
allowances</header>
</appropriations-intermediate><appropriations-intermediate id="id844D554C7B0B480EAF0F0E56D2B981F0"><header>Including members' clerk hire,
official expenses of members, and official mail</header><text display-inline="no-display-inline">For Members' representational allowances,
including Members' clerk hire, official expenses, and official mail,
$573,939,282.</text>
</appropriations-intermediate><appropriations-intermediate id="id7144F000DF344D93BE1145A0E9B4A1D3"><header>Committee
employees</header>
</appropriations-intermediate><appropriations-intermediate id="HBB176432FD744E9EB444D9AFEDB87A4B"><header>Standing committees, special and
select</header><text display-inline="no-display-inline">For salaries and
expenses of standing committees, special and select, authorized by House
resolutions, $125,964,870:
<proviso><italic>Provided</italic></proviso>, That such amount shall
remain available for such salaries and expenses until December 31,
2012.</text>
</appropriations-intermediate><appropriations-intermediate id="idD5A6668D07F140CC98EE61843705376F"><header>Committee on
appropriations</header><text display-inline="no-display-inline">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:
<proviso><italic>Provided</italic></proviso>, That such amount shall
remain available for such salaries and expenses until December 31,
2012.</text>
</appropriations-intermediate><appropriations-intermediate id="idE2D8EE45650049CF9EC59E710E52160F"><header>Salaries, officers and
employees</header><text display-inline="no-display-inline">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.</text>
</appropriations-intermediate><appropriations-intermediate id="idFFB9A5CDDDEB49A69D1D75DC94812269"><header>Allowances and
expenses</header><text display-inline="no-display-inline">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.</text>
</appropriations-intermediate><appropriations-intermediate id="H7238C3014BBD4817931AF863CED9336D"><header>Administrative
provisions</header>
</appropriations-intermediate><section id="idFB06CAAA4E87466789AD98C5D3101586"><enum>101.</enum><subsection commented="no" display-inline="yes-display-inline" id="id57B622D8F2DE48F68FDD1BF88B4EB2FB"><enum>(a)</enum><header>Requiring Amounts
Remaining in Members' Representational Allowances To Be Used for Deficit
Reduction or To Reduce the Federal Debt</header><text>Notwithstanding any other
provision of law, any amounts appropriated under this Act for <quote>HOUSE OF
REPRESENTATIVES—<header-in-text level="subsection">Salaries and
Expenses</header-in-text>—<header-in-text level="subsection">Members'
Representational Allowances</header-in-text></quote> 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).</text>
</subsection><subsection id="id477CB80B37BD42BCAC18695A60C77812"><enum>(b)</enum><header>Regulations</header><text>The
Committee on House Administration of the House of Representatives shall have
authority to prescribe regulations to carry out this section.</text>
</subsection><subsection id="idF9AEBC3A1A5B44F68731EF57D61608D7"><enum>(c)</enum><header>Definition</header><text>As
used in this section, the term <term>Member of the House of
Representatives</term> means a Representative in, or a Delegate or Resident
Commissioner to, the Congress.</text>
</subsection></section><appropriations-intermediate id="H3D94BB174B07421FA003F78F6F558EA3"><header>Republican Policy
committee</header>
</appropriations-intermediate><section display-inline="no-display-inline" id="id3749D4390E7F4C179042360D04FCBC5A"><enum>102.</enum><subsection commented="no" display-inline="yes-display-inline" id="HE39D049909414ECF993D663FB0817ED4"><enum>(a)</enum><text display-inline="yes-display-inline">Section 109(a) of the Legislative Branch
Appropriations Act, 2005 (2 U.S.C. 74a–13(a)) is amended by striking <quote>the
chair of the Republican Conference</quote> and inserting the following:
<quote>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)</quote>.</text>
</subsection><subsection id="H9A007860C6D8452EB71945E3FD44D732"><enum>(b)</enum><text>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: <quote>, 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).</quote>.</text>
</subsection><subsection id="HE93062CFD19E41FBB0AF88104BD5810A"><enum>(c)</enum><text>The amendment made
by subsection (a) shall apply with respect to fiscal year 2012 and each
succeeding fiscal year.</text>
</subsection></section><appropriations-intermediate id="H025137B28D4E47A9A9CAECC85C9D9018"><header>Authority of speaker and
minority leader to allocate funds among certain house leadership
offices</header>
</appropriations-intermediate><section id="HD09E5E089D234218A0B7B45036AE561E" section-type="subsequent-section"><enum>103.</enum><subsection commented="no" display-inline="yes-display-inline" id="HA97452D278654FAE82DB0566016361A5"><enum>(a)</enum><header>Authority of
Speaker</header>
<paragraph id="HFCCDF0900FF0423DADC5114CFD760773"><enum>(1)</enum><header>Authority
described</header><text display-inline="yes-display-inline">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.</text>
</paragraph><paragraph id="HA5AC649432364D2A95A8EFD3F9ACA1EF"><enum>(2)</enum><header>Offices and
authorities described</header><text display-inline="yes-display-inline">The
offices and authorities described in this paragraph are as follows:</text>
<subparagraph id="H0FDE52D696BA43A59F0424BFAAEF6FC1"><enum>(A)</enum><text>The Office of the
Speaker.</text>
</subparagraph><subparagraph id="H5C714FE0A362443A8031F6DECAC0836D"><enum>(B)</enum><text>The Speaker’s
Office for Legislative Floor Activities.</text>
</subparagraph><subparagraph id="H394DD2BB3FA340C3A398A32D0120B32C"><enum>(C)</enum><text>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).</text>
</subparagraph><subparagraph id="HC7E25BD8CE65454489375356A89707B8"><enum>(D)</enum><text>The Republican
Policy Committee (if the Speaker is a member of the Republican party).</text>
</subparagraph><subparagraph id="HD800076DD43A4B6AB8D364157A627665"><enum>(E)</enum><text display-inline="yes-display-inline">Training and program development—majority
(as described under the heading <quote>House leadership offices</quote> in the
most recent bill making appropriations for the legislative branch that was
enacted prior to the date of the enactment of this Act).</text>
</subparagraph><subparagraph id="H8C825AC766494B349B961DECF88F4A69"><enum>(F)</enum><text display-inline="yes-display-inline">Cloakroom personnel—majority (as so
described).</text>
</subparagraph></paragraph></subsection><subsection display-inline="no-display-inline" id="H68E81EA1D2C147E2AFCF22C79F2473D7"><enum>(b)</enum><header>Authority of
Minority Leader</header>
<paragraph id="HBE4ABF281EE8414B90E8D219D3F6AEA4"><enum>(1)</enum><header>Authority
described</header><text display-inline="yes-display-inline">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.</text>
</paragraph><paragraph id="H5C51BFF9EDC9447DB50DD122178569BB"><enum>(2)</enum><header>Offices and
authorities described</header><text display-inline="yes-display-inline">The
offices and authorities described in this paragraph are as follows:</text>
<subparagraph id="HFD3CDCB0F4994DE4ACF4C3290149C05D"><enum>(A)</enum><text>The Office of the
Minority Leader.</text>
</subparagraph><subparagraph id="HDD18E0A19B5B4BAAA96A900CC727BEC6"><enum>(B)</enum><text>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).</text>
</subparagraph><subparagraph id="H0AB02B8B24F14B1DA7C4B8409522E48B"><enum>(C)</enum><text>The Republican
Policy Committee (if the Minority Leader is a member of the Republican
party).</text>
</subparagraph><subparagraph id="H449E705861DC4541AE3CFC7D5C48F33F"><enum>(D)</enum><text display-inline="yes-display-inline">Training and program development—minority
(as described under the heading <quote>House leadership offices</quote> in the
most recent bill making appropriations for the legislative branch that was
enacted prior to the date of the enactment of this Act).</text>
</subparagraph><subparagraph id="H0674E0B9672F4B64B6FEA7E910549006"><enum>(E)</enum><text>Cloakroom
personnel—minority (as so described).</text>
</subparagraph><subparagraph id="HD90E6C36DA814E0195DDD6A38A05F812"><enum>(F)</enum><text>Nine minority
employees (as so described).</text>
</subparagraph></paragraph></subsection><subsection id="H6AFC0B918753448BB3E73EE93CE8ED37"><enum>(c)</enum><header>Effective
Date</header><text>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.</text>
</subsection></section><appropriations-intermediate id="HCAC52F430300407BB07D1214397C9B7A"><header>Republican conference and the
democratic steering and policy committee</header>
</appropriations-intermediate><section id="HC0A32DC95C92492D8BE1B57089D66518" section-type="subsequent-section"><enum>104.</enum><subsection commented="no" display-inline="yes-display-inline" id="H0CD0DFE9A46C43F989BA1991AD6B811F"><enum>(a)</enum><text display-inline="yes-display-inline">Section 103(b) of the Legislative Branch
Appropriations Act, 1999 (2 U.S.C. 74a–8(b)) is amended—</text>
<paragraph id="HD27E45223BCD44B4B462F8CE2AF984FD"><enum>(1)</enum><text display-inline="yes-display-inline">in the matter preceding paragraph (1), by
striking <quote>Subject to the allocation described in subsection (c), funds
</quote> and inserting <quote>Funds</quote>;</text>
</paragraph><paragraph id="HEAA8856AF342440DB080070D08BA3C51"><enum>(2)</enum><text display-inline="yes-display-inline">in paragraph (1), by striking
<quote>direct;</quote> and inserting the following: <quote>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);</quote>; and</text>
</paragraph><paragraph id="H2A03B5ADC0954FAA96CCC61343D453C2"><enum>(3)</enum><text>in paragraph (2),
by striking <quote>direct.</quote> and inserting the following: <quote>direct
(or, if the Speaker is a member of the Democratic Party, under such terms and
conditions as the Speaker may direct).</quote>.</text>
</paragraph></subsection><subsection id="HD2950A57884F425785AF0C974E1BB0A5"><enum>(b)</enum><text>Section 103 of
such Act (2 U.S.C. 74a–8(c)) is amended—</text>
<paragraph id="H7E089368B51A45EB83ED3DAE5375ED80"><enum>(1)</enum><text>by striking
subsection (c); and</text>
</paragraph><paragraph id="H411DDF28CDD943058ED1564CED30A6EC"><enum>(2)</enum><text>by redesignating
subsection (d) as subsection (c).</text>
</paragraph></subsection><subsection id="HFE4766230B3A436FA7A7FC171BAF037B"><enum>(c)</enum><text>The amendments
made by this section shall take effect as if included in the enactment of the
Legislative Branch Appropriations Act, 1999.</text>
</subsection></section><appropriations-intermediate id="HAA69FF2664364946B84D2ED90E21FD2C"><header>Transfer of House Emergency
Planning, Preparedness, and Operations functions to Sergeant at
Arms</header>
</appropriations-intermediate><section id="H71157951E732492EAAF6978B4FC32ADD" section-type="subsequent-section"><enum>105.</enum><text display-inline="yes-display-inline">Effective February 1, 2010—</text>
<paragraph id="HCB5EE0D876774B028CD0F5BB67828059"><enum>(1)</enum><text>section 905 of the
Emergency Supplemental Act, 2002 (2 U.S.C. 130i) is repealed; and</text>
</paragraph><paragraph commented="no" display-inline="no-display-inline" id="H864AB7A944304F10BD100FBDD756B1FD"><enum>(2)</enum><text>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.</text>
</paragraph></section><appropriations-major id="H5A7AA4FF96A04EC0BE7D63742ABFCB72"><header>Joint items</header><text display-inline="no-display-inline">For Joint Committees, as
follows:</text>
</appropriations-major><appropriations-intermediate commented="no" id="H2A899318482648AA94E80165D1F21710"><header>Joint economic
committee</header><text display-inline="no-display-inline">For salaries and
expenses of the Joint Economic Committee, $4,203,000, to be disbursed by the
Secretary of the Senate.</text>
</appropriations-intermediate><appropriations-intermediate id="id15D298DCFAA94D398F27BB56E5DCE211"><header>Joint congressional committee
on inaugural ceremonies of 2013</header><text display-inline="no-display-inline">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:
<proviso><italic>Provided</italic>,</proviso> 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.</text>
</appropriations-intermediate><appropriations-intermediate id="HD324E09B3FC74CFC82989C058CBF410F"><header>Joint committee on
taxation</header><text display-inline="no-display-inline">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.</text><text display-inline="no-display-inline">For other joint items, as
follows:</text>
</appropriations-intermediate><appropriations-intermediate id="HB5B2FE7202B34A89AB76B4F729E86F59"><header>Office of the attending
physician</header><text display-inline="no-display-inline">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.</text>
</appropriations-intermediate><appropriations-intermediate id="H2E1FDD4588CB47BBBD2049D3988527B1"><header>Office of congressional
accessibility services</header>
</appropriations-intermediate><appropriations-intermediate commented="no" id="HEC408587ECB742EF8AC2D09DF83085D8"><header>Salaries and
expenses</header><text display-inline="no-display-inline">For salaries and
expenses of the Office of Congressional Accessibility Services, $1,363,000, to
be disbursed by the Secretary of the
Senate.</text>
</appropriations-intermediate><appropriations-small commented="no" id="idB501FDC0DC63412D9E90F4AB1F26BC8C"><header display-inline="yes-display-inline">Administrative
Provision</header>
</appropriations-small><section commented="no" display-inline="no-display-inline" id="idBD712454BCCA4DA591242C2A1C165534" section-type="subsequent-section"><enum>1001.</enum><subsection commented="no" display-inline="yes-display-inline" id="id56A0604EB72C4C399994DC06B7FC7D79"><enum>(a)</enum><header display-inline="yes-display-inline">In general</header><text display-inline="yes-display-inline">Section 102(a) of the Legislative Branch
Appropriations Act, 2002 (2 U.S.C. 60c–5(a)) is amended—</text>
<paragraph commented="no" display-inline="no-display-inline" id="idF58E1C1222EA46F4A42202609CBF8949"><enum>(1)</enum><text display-inline="yes-display-inline">in paragraph (1), by inserting <quote>,
except as provided under subsection (b)(3)</quote> after <term>means an
individual</term>; and</text>
</paragraph><paragraph commented="no" display-inline="no-display-inline" id="id880C9F0B25184797872BC58EFEACDC25"><enum>(2)</enum><text display-inline="yes-display-inline">by striking paragraphs (2) and (3) and
inserting the following:</text>
<quoted-block display-inline="no-display-inline" id="idF2E90956C773468BA4C73B078B4F84B5" style="OLC">
<paragraph commented="no" display-inline="no-display-inline" id="IDd13492f69d6042ee87c4fb3c1cd97169"><enum>(2)</enum><header display-inline="yes-display-inline">Employee of the Senate</header><text display-inline="yes-display-inline">The term <term>employee of the
Senate</term>—</text>
<subparagraph commented="no" display-inline="no-display-inline" id="idA087B34516764EFEBBE8F4B75A22FAFB"><enum>(A)</enum><text display-inline="yes-display-inline">has the meaning given the term under
section 101 of the Congressional Accountability Act of 1995 (2 U.S.C. 1301);
and</text>
</subparagraph><subparagraph commented="no" display-inline="no-display-inline" id="id13711442A0674BEE95D75170B21DC587"><enum>(B)</enum><text display-inline="yes-display-inline">includes any employee of the Office of
Congressional Accessibility Services whose pay is disbursed by the Secretary of
the Senate.</text>
</subparagraph></paragraph><paragraph commented="no" display-inline="no-display-inline" id="ID3f5a7392222647e19a33ba01a874be43"><enum>(3)</enum><header display-inline="yes-display-inline">Employing office</header><text display-inline="yes-display-inline">The term <term>employing
office</term>—</text>
<subparagraph commented="no" display-inline="no-display-inline" id="idE7D5F185606F4211AC12A45C6AB2D8A7"><enum>(A)</enum><text display-inline="yes-display-inline">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</text>
</subparagraph><subparagraph commented="no" display-inline="no-display-inline" id="id0F922AFDA3EB4A729DDFB64681F3567E"><enum>(B)</enum><text display-inline="yes-display-inline">includes the Office of Congressional
Accessibility Services with respect to employees of that office whose pay is
disbursed by the Secretary of the
Senate.</text>
</subparagraph></paragraph><after-quoted-block>.</after-quoted-block></quoted-block>
</paragraph></subsection><subsection commented="no" display-inline="no-display-inline" id="idDB244C29DBA94545ADDF8F6B388A62F2"><enum>(b)</enum><header display-inline="yes-display-inline">Exclusion from participation in dual
programs</header><text display-inline="yes-display-inline">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:</text>
<quoted-block display-inline="no-display-inline" id="id0C3B718B3EF34BA48CE3F8167B712571" style="OLC">
<paragraph commented="no" display-inline="no-display-inline" id="idAA17E65A6816494EBE7079534664F4B4"><enum>(3)</enum><header display-inline="yes-display-inline">Exclusion from participation in dual
programs</header><text display-inline="yes-display-inline">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.</text>
</paragraph><after-quoted-block>.</after-quoted-block></quoted-block>
</subsection><subsection commented="no" display-inline="no-display-inline" id="id15091E10EA554F04BFC596D034F32AD3"><enum>(c)</enum><header display-inline="yes-display-inline">Effective date and
application</header><text display-inline="yes-display-inline">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.</text>
</subsection></section><appropriations-major commented="no" id="idDC1C2A2D53B548209CEADF5951CC96F7"><header display-inline="yes-display-inline">CAPITOL
POLICE</header>
</appropriations-major><appropriations-intermediate commented="no" id="id7377CFF13E4F46909CA45AA2502D4ED8"><header display-inline="yes-display-inline">Salaries</header><text display-inline="no-display-inline">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<italic></italic>
designee.</text>
</appropriations-intermediate><appropriations-intermediate id="HA50E1E425CDD4409A4830828BBC43628"><header>General expenses</header><text display-inline="no-display-inline">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:
<proviso><italic>Provided</italic></proviso>, 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.</text>
</appropriations-intermediate><appropriations-intermediate commented="no" id="idF6330CE87C8F4B23B919748E510569C4"><header display-inline="yes-display-inline">Administrative
Provisions</header>
</appropriations-intermediate><appropriations-small commented="no" id="idD3D9837797C7497E82EFF2E0D5044EA7"><header display-inline="yes-display-inline">(INCLUDING TRANSFER OF
FUNDS)</header>
</appropriations-small><section commented="no" display-inline="no-display-inline" id="id4FFBBE44A1E3480DBAEC80AB9CC83238" section-type="subsequent-section"><enum>1101.</enum><text display-inline="yes-display-inline">Amounts appropriated for fiscal year 2012
for the Capitol Police may be transferred between the headings
<quote>Salaries</quote> and <quote>General expenses</quote> upon the approval
of the Committees on Appropriations of the House of Representatives and the
Senate.</text>
</section><section display-inline="no-display-inline" id="HB509790B2EE446118969788302D2FFA4"><enum>1102.</enum><header>Waiver by chief of capitol police of claims
arising out of erroneous payments to officers and employees</header><subsection commented="no" display-inline="yes-display-inline" id="HC079F3B103FB4A3BB8CC1D09A1F0715C"><enum>(a)</enum><header>Waiver of
claim</header><text>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.</text>
</subsection><subsection id="H2223DD1C00B14443A3EE3CD830785A87"><enum>(b)</enum><header>Investigation of
application; report</header><text display-inline="yes-display-inline">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.</text>
</subsection><subsection id="H86363ED399DA49D480B43C576173EC21"><enum>(c)</enum><header>Prohibition of
waiver under certain circumstances</header><text>The Chief may not exercise the
authority to waive a claim under subsection (a) if—</text>
<paragraph id="H8CCA4B9E13CE470F856A9DECAF37A47C"><enum>(1)</enum><text>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</text>
</paragraph><paragraph id="HD27FD6A4F60D454AB3244B8A81FC93EA"><enum>(2)</enum><text>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.</text>
</paragraph></subsection><subsection id="HD0CD376900DE4C5BB6DCAB873AD8B3CE"><enum>(d)</enum><header>Credit for
waiver</header><text>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).</text>
</subsection><subsection id="H7EFA033567B44C0CBB918D9BCE134A17"><enum>(e)</enum><header>Effect of
waiver</header><text>An erroneous payment, the collection of which is waived
under subsection (a), is deemed a valid payment for all purposes.</text>
</subsection><subsection id="H1F15FF7323EF474685CD03C0394225B3"><enum>(f)</enum><header>Construction
with other laws</header><text>This section does not affect any authority under
any other law to litigate, settle, compromise, or waive any claim of the United
States.</text>
</subsection><subsection id="HE14E57FA095B4863B48EC75727609095"><enum>(g)</enum><header>Rules and
regulations</header><text>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.</text>
</subsection><subsection commented="no" display-inline="no-display-inline" id="H7664B13D3408478B9914CAAA10007AB1"><enum>(h)</enum><header>Effective
date</header><text>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)).</text>
</subsection></section><appropriations-major id="H48D57BA833314B87A37592DCE6D203BE"><header>Office of
compliance</header>
</appropriations-major><appropriations-intermediate id="HE8C33A5DEED84D33A78DC90ADF457715"><header>Salaries and
expenses</header><text display-inline="no-display-inline">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:
<proviso><italic>Provided</italic></proviso>, 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.</text>
</appropriations-intermediate><appropriations-major id="HCBF086631005468EB375BC17E03C2EF4"><header>Congressional budget
office</header>
</appropriations-major><appropriations-intermediate id="H60706F710C6440A38705DA5C5803BB9E"><header>Salaries and
expenses</header><text display-inline="no-display-inline">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.</text>
</appropriations-intermediate><appropriations-major id="H101AE24E021D435FA8E98EC4A3E657D3"><header>Architect
of the capitol</header>
</appropriations-major><appropriations-intermediate id="H8BEF30848E3542708B2D426166C85169"><header>General
administration</header><text display-inline="no-display-inline">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.</text>
</appropriations-intermediate><appropriations-intermediate id="H2994895B7CD84F178818DF77EBA5C8EE"><header>Capitol building</header><text display-inline="no-display-inline">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.</text>
</appropriations-intermediate><appropriations-intermediate commented="no" id="id2BFF5DD677AD4AB8B6A00BF24E916D4A"><header>Capitol grounds</header><text display-inline="no-display-inline">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.</text>
</appropriations-intermediate><appropriations-intermediate commented="no" id="idE111650C5994448FBAE8C6687433A8AC"><header display-inline="yes-display-inline">Senate Office Buildings</header><text display-inline="no-display-inline">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<italic></italic>.</text>
</appropriations-intermediate><appropriations-intermediate id="idD1587E336CCD475D9EDADD667B8CF25C"><header>House office
buildings</header><text display-inline="no-display-inline">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.</text>
</appropriations-intermediate><appropriations-intermediate id="idDE03CA1B9AF14386AA3B3C11861A2489"><text display-inline="no-display-inline">In addition, for a payment to the House
Historic Buildings Revitalization Trust Fund, $30,000,000, shall remain
available until expended.</text>
</appropriations-intermediate><appropriations-intermediate id="id5D38801C779A49BB8A9E3D2EDC55F5C8"><header>Capitol power
plant</header><text display-inline="no-display-inline">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:
<proviso><italic>Provided</italic></proviso>, 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.</text>
</appropriations-intermediate><appropriations-intermediate id="id6F10780941364EC78086C33E2755E931"><header>Library buildings and
grounds</header><text display-inline="no-display-inline">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.</text>
</appropriations-intermediate><appropriations-intermediate commented="no" id="idA3910086C1894D45B2F92CE7222A7D1E"><header>Capitol police buildings,
grounds and security</header><text display-inline="no-display-inline">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.</text>
</appropriations-intermediate><appropriations-intermediate commented="no" id="idC09C30B675774994804F624DBC13E3DD"><header display-inline="yes-display-inline">Botanic
Garden</header><text display-inline="no-display-inline">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:
<proviso><italic>Provided</italic></proviso>, 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.</text>
</appropriations-intermediate><appropriations-intermediate id="id8BBD8F5633D34C37B9826E7E28A3DCF3"><header>Capitol visitor
center</header><text display-inline="no-display-inline">For all necessary
expenses for the operation of the Capitol Visitor Center,
$21,276,000.</text>
</appropriations-intermediate><appropriations-intermediate id="id2937F694A57C4824B8BA0CABEECD29BD"><header>Administrative
Provisions</header>
</appropriations-intermediate><appropriations-small id="id987A1DE0E7A04CE7B0207157D20A19C3"><header>(Including Transfer of
Funds)</header></appropriations-small><section id="HC8808302332C" section-type="subsequent-section"><enum>1201.</enum><header>use of construction
project funds to reimburse capitol police for related overtime
costs</header><subsection commented="no" display-inline="yes-display-inline" id="H510519E6967C4D4D93D455A664EA3736"><enum>(a)</enum><header>Payment of overtime
costs</header><text>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.</text>
</subsection><subsection commented="no" display-inline="no-display-inline" id="HF2CA6501FDBE4C7F8FF561473D194534"><enum>(b)</enum><header>Effective
date</header><text>This section shall apply with respect to fiscal year 2013
and each succeeding fiscal year.</text>
</subsection></section><section id="id5F3EBC9A3CA74E899E78B40A514F6B98" section-type="subsequent-section"><enum>1202.</enum><header>transfer to architect of the
capitol</header><subsection commented="no" display-inline="yes-display-inline" id="H9E33CBFE0FFE4650BB81CA0B6631AD97"><enum>(a)</enum><header>Transfer</header><text display-inline="yes-display-inline">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.</text>
</subsection><subsection commented="no" display-inline="no-display-inline" id="H8D4E0EEB63D34D1488CCBA53CA11842B"><enum>(b)</enum><header>Area
described</header><text>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.</text>
</subsection></section><appropriations-major commented="no" id="id22A5E11EABDF41A8AF62891EE1E3CCA6"><header display-inline="yes-display-inline">LIBRARY OF
CONGRESS</header>
</appropriations-major><appropriations-intermediate commented="no" id="id655FA80E95A34E80A6CFBAD0A3AAE1AE"><header display-inline="yes-display-inline">Salaries and Expenses</header><text display-inline="no-display-inline">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:
<proviso><italic>Provided</italic></proviso>, 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:
<proviso><italic> Provided further,</italic></proviso> That the total
amount available for obligation shall be reduced by the amount by which
collections are less than $6,350,000:
<proviso><italic> Provided further,</italic></proviso> 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:
<proviso><italic> Provided further,</italic></proviso> That of the
total amount appropriated, $6,959,000 shall remain available until expended for
the digital collections and educational curricula
program.</text>
</appropriations-intermediate><appropriations-intermediate id="id24F6788F51284D28B4F3E2E17DB43287"><header>Copyright
office</header>
</appropriations-intermediate><appropriations-intermediate id="HBED5D6DD42EF4E21A93F349222F8326A"><header>Salaries and
expenses</header><text display-inline="no-display-inline">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:
<proviso><italic>Provided</italic></proviso>, That not more than
$2,000,000 shall be derived from prior year available unobligated balances:
<proviso><italic>Provided further</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, That not more
than $100,000 of the amount appropriated is available for the maintenance of an
<quote>International Copyright Institute</quote> in the Copyright Office of the
Library of Congress for the purpose of training nationals of developing
countries in intellectual property laws and policies:
<proviso><italic>Provided further</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, 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).</text>
</appropriations-intermediate><appropriations-intermediate id="H5AC6317734C047E0AE3DB9C58554F7FA"><header>Congressional research
service</header>
</appropriations-intermediate><appropriations-intermediate id="HF2D7279AEE8E4F2CB0AA6E96EE894617"><header>Salaries and
expenses</header><text display-inline="no-display-inline">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:
<proviso><italic>Provided</italic></proviso>, 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.</text>
</appropriations-intermediate><appropriations-intermediate id="HFBECD47E7AF447378F73A821E6691FC4"><header>Books for the blind and
physically handicapped</header>
</appropriations-intermediate><appropriations-intermediate id="HC74E54F947BB4B66BF0DCDAE5672E56B"><header>Salaries and
expenses</header><text display-inline="no-display-inline">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:
<proviso><italic>Provided</italic></proviso>, 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.</text>
</appropriations-intermediate><appropriations-intermediate id="HFD1138B89BAA421083162640CEE3807A"><header>Administrative
provisions</header>
</appropriations-intermediate><appropriations-intermediate id="H8DA7B6B9E77F4845BB28167029427C0C"><header>Reimbursable and Revolving Fund
Activities</header>
</appropriations-intermediate><section id="id197B0C2EEBE344EC8263A96E2BE43118"><enum>1301.</enum><subsection commented="no" display-inline="yes-display-inline" id="id75CF30CA9E7147B5B22E942605E1F991"><enum>(a)</enum><header>In
General</header><text>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.</text>
</subsection><subsection id="id457858F17B584D779BB9ABA3DF8FE206"><enum>(b)</enum><header>Activities</header><text>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.</text>
</subsection><subsection id="idBE2B52E93358432F8773DA4572AA6EB3"><enum>(c)</enum><header>Transfer of
Funds</header><text>During fiscal year 2012, the Librarian of Congress may
temporarily transfer funds appropriated in this Act, under the heading
<quote>Library of Congress</quote>, under the subheading <quote>Salaries and
Expenses</quote>, 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):
<proviso><italic>Provided</italic></proviso>, That the total amount
of such transfers may not exceed $1,900,000:
<proviso><italic>Provided further</italic></proviso>, 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.</text>
</subsection></section><appropriations-intermediate id="HFD530AFB83724094813FBAB76FE16C7B"><header>Transfer
authority</header>
</appropriations-intermediate><section id="id303710118BAA41639E4B06B5A467649D"><enum>1302.</enum><subsection commented="no" display-inline="yes-display-inline" id="idC4A2EFF59CCD469CBCC23A58E84C98C3"><enum>(a)</enum><header>In
General</header><text>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 <quote>Library of Congress</quote> upon the approval
of the Committees on Appropriations of the House of Representatives and the
Senate.</text>
</subsection><subsection commented="no" display-inline="no-display-inline" id="id48118ECDB2054F02A2753E8611CCE6BD"><enum>(b)</enum><header>Limitation</header><text>Not
more than 10 percent of the total amount of funds appropriated to the account
under any heading under the heading <quote>Library of Congress</quote> for
fiscal year 2012 may be transferred from that account by all transfers made
under subsection (a).</text>
</subsection></section><appropriations-small commented="no" id="id6739B29224E540EDA0473B839BF3C228"><header display-inline="yes-display-inline">FUNDS AVAILABLE FOR WORKERS COMPENSATION
PAYMENTS</header>
</appropriations-small><section commented="no" display-inline="no-display-inline" id="id10D36D46706F48E0A32F2CEBDF86D217" section-type="subsequent-section"><enum>1303.</enum><subsection commented="no" display-inline="yes-display-inline" id="id952C4195C6934FB8A94465072AEA73D5"><enum>(a)</enum><header display-inline="yes-display-inline">In general</header><text display-inline="yes-display-inline">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.</text>
</subsection><subsection commented="no" display-inline="no-display-inline" id="id5940C720C3184A4E94CCF81AC707708C"><enum>(b)</enum><header display-inline="yes-display-inline">Effective
date</header><text display-inline="yes-display-inline">This section shall apply
with respect to appropriations for fiscal year 2012 and each fiscal year
thereafter.</text>
</subsection></section><section id="id51811F0ECD594B658409991EAC50BC50" section-type="subsequent-section"><enum>1304.</enum><header>Permitting Use of Proceeds from
Disposition of Surplus or Obsolete Personal Property</header><subsection commented="no" display-inline="yes-display-inline" id="H7A143CDA592447A48DEAF9E8278F5C6C"><enum>(a)</enum><header>Disposition of
property</header><text display-inline="yes-display-inline">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.</text>
</subsection><subsection id="HF187D72FD6B74708AD69B7E60CDE3E09"><enum>(b)</enum><header>Use of
proceeds</header><text display-inline="yes-display-inline">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.</text>
</subsection><subsection commented="no" display-inline="no-display-inline" id="HF6A9F20161AB4ADC982D9D012AE34965"><enum>(c)</enum><header>Effective
date</header><text display-inline="yes-display-inline">This section shall apply
with respect to fiscal year 2012 and each succeeding fiscal year.</text>
</subsection></section><appropriations-major commented="no" id="idFD459C59BEB64D07B0B76CF1181AD7DE"><header display-inline="yes-display-inline">GOVERNMENT PRINTING
OFFICE</header>
</appropriations-major><appropriations-intermediate commented="no" id="idAF5C66016DA9447A84A2ADC562E69030"><header display-inline="yes-display-inline">Congressional Printing and
Binding</header>
</appropriations-intermediate><appropriations-small commented="no" id="id48EFA0EDF6F14AEFB356DF5E6355EC25"><header display-inline="yes-display-inline">(INCLUDING TRANSFER OF FUNDS)</header><text display-inline="no-display-inline">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:
<proviso><italic>Provided</italic></proviso>, 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:
<proviso><italic> Provided further,</italic></proviso> That this
appropriation shall be available for the payment of obligations incurred under
the appropriations for similar purposes for preceding fiscal years:
<proviso><italic> Provided further,</italic></proviso> 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:
<proviso><italic> Provided further,</italic></proviso> 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:
<proviso><italic>Provided further</italic></proviso>, 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.</text>
</appropriations-small><appropriations-intermediate commented="no" id="idFEBF3A7E779E49C9999B66A431F0AE85"><header display-inline="yes-display-inline">Office of Superintendent of
Documents</header>
</appropriations-intermediate><appropriations-small commented="no" id="idEA9B16DEC03D47949A4D07BC0F5A3FDB"><header display-inline="yes-display-inline">Salaries and
Expenses</header>
</appropriations-small><appropriations-small commented="no" id="idC206141A67CC4F468974A812F4E06651"><header display-inline="yes-display-inline">(INCLUDING TRANSFER OF FUNDS)</header><text display-inline="no-display-inline">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:
<proviso><italic>Provided</italic></proviso>, 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:
<proviso><italic> Provided further,</italic></proviso> 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.</text>
</appropriations-small><appropriations-intermediate commented="no" id="id4C3B1FC46BB54C7DBE1158AA186B82F9"><header display-inline="yes-display-inline">Government Printing Office Revolving
Fund</header><text display-inline="no-display-inline">For payment to the
Government Printing Office Revolving Fund, $500,000 for information technology
development:
<proviso><italic>Provided</italic></proviso>, 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:
<proviso><italic> Provided further,</italic></proviso> That not more
than $7,500 may be expended on the certification of the Public Printer in
connection with official representation and reception expenses:
<proviso><italic> Provided further,</italic></proviso> That the
revolving fund shall be available for the hire or purchase of not more than 12
passenger motor vehicles:
<proviso><italic> Provided further,</italic></proviso> 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:
<proviso><italic> Provided further,</italic></proviso> 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:
<proviso><italic> Provided further,</italic></proviso> That activities
financed through the revolving fund may provide information in any format:
<proviso><italic> Provided further,</italic></proviso> That the
revolving fund and the funds provided under the headings <quote>Office of
Superintendent of Documents</quote> and <quote>Salaries and Expenses</quote>
may not be used for contracted security services at GPO's passport facility in
the District of Columbia.</text>
</appropriations-intermediate><appropriations-major id="H24AD6FE70AFC4C23A070648C0EA833E0"><header>Government
accountability office</header>
</appropriations-major><appropriations-intermediate id="H85CC2BD16F79412DB2D0370053763E43"><header>Salaries and
expenses</header><text display-inline="no-display-inline">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 <act-name parsable-cite="FSA80">Foreign Service Act
of 1980</act-name> (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:
<proviso><italic>Provided</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, That payments
hereunder to the Forum may be credited as reimbursements to any appropriation
from which costs involved are initially
financed.</text>
</appropriations-intermediate><appropriations-intermediate id="H737420AFA6D848848696246461996867"><header>Administrative
provision</header>
</appropriations-intermediate><section id="H479C989277124D6952FC39BC8A90E8C1" section-type="subsequent-section"><enum>1401.</enum><subsection commented="no" display-inline="yes-display-inline" id="HA85A0B1FBE1649D8A5E7C26358174C25"><enum>(a)</enum><text display-inline="yes-display-inline">Section 210 of the Legislative Branch
Appropriations Act, 2005 (2 U.S.C. 60q) is amended—</text>
<paragraph id="H2D146FF817D444B3B4B0DE45917E739A"><enum>(1)</enum><text>by striking
subsection (d); and</text>
</paragraph><paragraph id="HB590A6E95FDC4CD6BB431CEB2F0B65DF"><enum>(2)</enum><text>in subsection
(f)(2)(A), by striking <quote>United States Code</quote> and inserting
<quote>United States Code, but excluding the Government Accountability
Office</quote>.</text>
</paragraph></subsection><subsection id="HC69B631C1BED4D71A10342F06AFB3A8F"><enum>(b)</enum><text>Section 3521(1) of
title 5, United States Code, is amended by striking <quote>section 105</quote>
and inserting <quote>section 105 (other than the Government Accountability
Office)</quote>.</text>
</subsection><subsection commented="no" display-inline="no-display-inline" id="H2F59AF2F9B2E4E57938B7681AC0EBC30"><enum>(c)</enum><text>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.</text>
</subsection></section><appropriations-major commented="no" id="idC9B02987FEA641A19A2D35BD35D1F995"><header display-inline="yes-display-inline">Open World Leadership Center Trust
Fund</header><text display-inline="no-display-inline">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.</text>
</appropriations-major><appropriations-major commented="no" id="idE9138269691A4943885CF9E0BAB9A698"><header display-inline="yes-display-inline">John C. Stennis Center for Public Service
Training and Development</header><text display-inline="no-display-inline">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.<pagebreak></pagebreak></text>
</appropriations-major><enum>II</enum><header display-inline="yes-display-inline">General provisions</header>
<appropriations-major commented="no" id="idB5CE6D72C05840ABA472A9DA430D9F6C">
</appropriations-major><appropriations-small commented="no" id="id901061EB1C5B493098F4146F47FC57E5"><header display-inline="yes-display-inline">MAINTENANCE AND CARE OF PRIVATE
VEHICLES</header>
</appropriations-small><section commented="no" display-inline="no-display-inline" id="idDF074A895DDE4C5F8267BB1B1F422DF9" section-type="subsequent-section"><enum>201.</enum><text display-inline="yes-display-inline">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.</text>
<appropriations-small commented="no" id="idA6E1F0EA120E493B8B73BE5C022DD570"><header display-inline="yes-display-inline">FISCAL YEAR
LIMITATION</header>
</appropriations-small></section><section commented="no" display-inline="no-display-inline" id="id93B12ACB00EC42069D39265741F2B4C0" section-type="subsequent-section"><enum>202.</enum><text display-inline="yes-display-inline">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.</text>
<appropriations-small commented="no" id="id2FC8C1DF9F2F4DADBF971DE6FA59BC1D"><header display-inline="yes-display-inline">RATES OF COMPENSATION AND
DESIGNATION</header>
</appropriations-small></section><section commented="no" display-inline="no-display-inline" id="id7B6DA63939AB45349DAA2EA641466E4A" section-type="subsequent-section"><enum>203.</enum><text display-inline="yes-display-inline">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:
<proviso><italic>Provided</italic></proviso>, 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.</text>
<appropriations-small commented="no" id="idCB5D8896949D418B8AC055E1B0284373"><header display-inline="yes-display-inline">CONSULTING
SERVICES</header>
</appropriations-small></section><section commented="no" display-inline="no-display-inline" id="idD782E87923F047D5B7BE5675FEF8E120" section-type="subsequent-section"><enum>204.</enum><text display-inline="yes-display-inline">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.</text>
<appropriations-small commented="no" id="id6D3A6684AD4E4F19AE361E68A950E53D"><header display-inline="yes-display-inline">AWARDS AND
SETTLEMENTS</header>
</appropriations-small></section><section commented="no" display-inline="no-display-inline" id="id488EC122AA7E475BBBD40CB5E58F9192" section-type="subsequent-section"><enum>205.</enum><text display-inline="yes-display-inline">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.</text>
<appropriations-small commented="no" id="id7820D92225A84017AC3340BD5DF30E70"><header display-inline="yes-display-inline"> COSTS OF
LBFMC</header>
</appropriations-small></section><section commented="no" display-inline="no-display-inline" id="idCD3DDA6B05E44337888CDFDFFC6CB502" section-type="subsequent-section"><enum>206.</enum><text display-inline="yes-display-inline">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.</text>
<appropriations-small commented="no" id="id98501E0DB7B9403297B2D88DB63B801F"><header display-inline="yes-display-inline">LANDSCAPE
MAINTENANCE</header>
</appropriations-small></section><section commented="no" display-inline="no-display-inline" id="idD2891EA5FFCF4589AD97B2A306918890" section-type="subsequent-section"><enum>207.</enum><text display-inline="yes-display-inline">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.</text>
<appropriations-small commented="no" id="id8068A54BA51648DBBAB73105025B8B4A"><header display-inline="yes-display-inline">LIMITATION ON
TRANSFERS</header>
</appropriations-small></section><section commented="no" display-inline="no-display-inline" id="id886618CD6FBA45D492DECED5F6A578BF" section-type="subsequent-section"><enum>208.</enum><text display-inline="yes-display-inline">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.</text>
<appropriations-small commented="no" id="id6399DCA52B5E4202A2685BE6F3823DB7"><header display-inline="yes-display-inline">GUIDED TOURS OF THE
CAPITOL</header>
</appropriations-small></section><section commented="no" display-inline="no-display-inline" id="id422AAA47CDB6453BB484896CAD970644" section-type="subsequent-section"><enum>209.</enum><subsection commented="no" display-inline="yes-display-inline" id="idE8B68134593F4A7095671B23152B3D2F"><enum>(a)</enum><text display-inline="yes-display-inline">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.</text>
</subsection><subsection commented="no" display-inline="no-display-inline" id="id04A10D4851834099ADADE6EF68B167B2"><enum>(b)</enum><text display-inline="yes-display-inline">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.</text>
</subsection></section><section id="H5EDFA2006DE541EF8FF10A35DB706E29"><enum>210.</enum><text display-inline="yes-display-inline">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.</text>
</section><section id="H3A95389AE6724CA9BBB56E96A8FBFE1D"><enum>211.</enum><text display-inline="yes-display-inline">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).</text>
</section><section commented="no" display-inline="no-display-inline" id="H74968BC4B5A2463DB043B12EAD76800A" section-type="subsequent-section"><enum>212.</enum><text display-inline="yes-display-inline">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.</text>
<appropriations-small commented="no" id="HB861339967EA41A4A13AC5B9D72D7BE0"><text display-inline="no-display-inline">This division may be cited as the
<quote><short-title>Legislative Branch Appropriations Act,
2012</short-title></quote>.<pagebreak></pagebreak></text>
</appropriations-small></section>HMILITARY
CONSTRUCTION AND VETERANS AFFAIRS AND RELATED AGENCIES APPROPRIATIONS ACT,
2012
<enum>I</enum><header display-inline="no-display-inline">Department of Defense</header>
<appropriations-intermediate commented="no" id="id53eed8f9-ca9c-44dc-a7cb-1b8d3d8da032"><header display-inline="yes-display-inline">Military construction, army</header><text display-inline="no-display-inline">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:
<proviso><italic>Provided</italic></proviso>, 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.</text>
</appropriations-intermediate><appropriations-intermediate commented="no" id="id08c54f91-4fc4-4e67-b78b-a42f2b56f8a9"><header display-inline="yes-display-inline">Military construction, navy and marine
corps</header><text display-inline="no-display-inline">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:
<proviso><italic>Provided</italic></proviso>, 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.</text>
</appropriations-intermediate><appropriations-intermediate commented="no" id="id21774fa5-81ac-4516-879b-f76d70c972b9"><header display-inline="yes-display-inline">Military construction, air
force</header>
</appropriations-intermediate><appropriations-small commented="no" id="H9B928B2D1CDE44D0B0D1AB2E6C8E8518"><text display-inline="no-display-inline">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:
<proviso><italic>Provided</italic></proviso>, 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.</text>
</appropriations-small><appropriations-intermediate commented="no" id="id77946335-87e0-421c-b59e-3eae8ec24c38"><header display-inline="yes-display-inline">Military construction,
defense-Wide</header>
</appropriations-intermediate><appropriations-small commented="no" id="id9ab7f415-c794-49cb-b1d6-daf8193d5c3f"><header display-inline="yes-display-inline">(including transfer of funds)</header><text display-inline="no-display-inline">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:
<proviso><italic>Provided</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, 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:
<proviso><italic>Provided further</italic>,</proviso> 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.</text>
</appropriations-small><appropriations-intermediate id="idffa10050-b8fd-4056-8616-4e42983b4a92"><header>Military construction, army
national guard</header><text display-inline="no-display-inline">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:
<proviso><italic>Provided</italic></proviso>, 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.</text>
</appropriations-intermediate><appropriations-intermediate id="idacd63858-fb49-45a7-8bc1-9ed636ad3975"><header>Military construction, air
national guard</header><text display-inline="no-display-inline">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:
<proviso><italic>Provided</italic></proviso>, 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.</text>
</appropriations-intermediate><appropriations-intermediate id="ida52cfdf6-3526-48dc-a5f4-2ca660227ab2"><header>Military construction, army
reserve</header><text display-inline="no-display-inline">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:
<proviso><italic>Provided</italic></proviso>, 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.</text>
</appropriations-intermediate><appropriations-intermediate id="id2330a50d-4e3b-4d4e-ae15-6da7fae021ee"><header>Military construction, navy
reserve</header><text display-inline="no-display-inline">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:
<proviso><italic>Provided</italic></proviso>, 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.</text>
</appropriations-intermediate><appropriations-intermediate id="id3c175c85-7d4b-4a53-92f0-d32ab8c56475"><header>Military construction, air
force reserve</header><text display-inline="no-display-inline">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:
<proviso><italic>Provided</italic></proviso>, 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.</text>
</appropriations-intermediate><appropriations-intermediate id="id4684a014-1937-4dcd-a4b8-84e69cfe3429"><header>North atlantic treaty
organization</header>
</appropriations-intermediate><appropriations-intermediate id="id2b276e95-5a60-4310-be4d-f97ac91109eb"><header>security investment
program</header><text display-inline="no-display-inline">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.</text>
</appropriations-intermediate><appropriations-intermediate commented="no" id="ide8a3be2f-df01-49b5-8955-3352f967197b"><header display-inline="yes-display-inline">Family housing construction,
army</header><text display-inline="no-display-inline">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.</text>
</appropriations-intermediate><appropriations-intermediate commented="no" id="id6cce8df8-3773-4726-b555-5173790df9a1"><header display-inline="yes-display-inline">Family housing operation and maintenance,
army</header><text display-inline="no-display-inline">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.</text>
</appropriations-intermediate><appropriations-intermediate commented="no" id="idf360afd7-b403-40cb-be9d-8982bd1f32c8"><header display-inline="yes-display-inline">Family housing construction, navy and
marine corps</header><text display-inline="no-display-inline">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.</text>
</appropriations-intermediate><appropriations-intermediate commented="no" id="id9691c447-f0db-4b63-b530-32d2fa940426"><header display-inline="yes-display-inline">Family housing operation and maintenance,
navy and marine corps</header><text display-inline="no-display-inline">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.</text>
</appropriations-intermediate><appropriations-intermediate commented="no" id="id1fdc90f9-a5c9-4fe4-a814-bcf2885730e9"><header display-inline="yes-display-inline">Family housing construction, air
force</header><text display-inline="no-display-inline">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.</text>
</appropriations-intermediate><appropriations-intermediate commented="no" id="id1998c95d-5f16-4dd7-8df9-49b9b92ab036"><header display-inline="yes-display-inline">Family housing operation and maintenance,
air force</header><text display-inline="no-display-inline">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.</text>
</appropriations-intermediate><appropriations-intermediate commented="no" id="id76d3a19c-6789-4724-b740-a686a6a1f9a7"><header display-inline="yes-display-inline">Family housing operation and maintenance,
defense-Wide</header><text display-inline="no-display-inline">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.</text>
</appropriations-intermediate><appropriations-intermediate commented="no" id="id3a82f0f2-f07a-4d02-a3a8-9e86379c493c"><header display-inline="yes-display-inline">Department of defense family housing
improvement fund</header><text display-inline="no-display-inline">For the
Department of Defense Family Housing Improvement Fund,
$2,184,000<italic></italic>, 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.</text>
</appropriations-intermediate><appropriations-intermediate commented="no" id="id106f1082-b4d5-4e73-91a2-555646775c80"><header display-inline="yes-display-inline">Homeowners assistance fund</header><text display-inline="no-display-inline">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:
<proviso><italic>Provided</italic></proviso>, 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.</text>
</appropriations-intermediate><appropriations-intermediate commented="no" id="idd992ed71-58ab-4bc3-8101-3476e38a1764"><header display-inline="yes-display-inline">Chemical demilitarization construction,
defense-Wide</header><text display-inline="no-display-inline">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.</text>
</appropriations-intermediate><appropriations-intermediate commented="no" id="id1c470b9b-b1a3-45e8-92b2-42346c16fc0b"><header display-inline="yes-display-inline">Department of defense base closure account
1990</header><text display-inline="no-display-inline">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.</text>
</appropriations-intermediate><appropriations-intermediate commented="no" id="H73996A276C7C42589C4A2443B9562445"><header>Department of defense base
closure account 2005</header>
</appropriations-intermediate><appropriations-small commented="no" id="H0E64F9C380EF4C04B46B40101A2CA712"><text display-inline="no-display-inline">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:
<proviso><italic>Provided</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, 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.</text>
</appropriations-small><appropriations-intermediate commented="no" id="id2ed15843-ac16-49d4-9afa-e413d2bc1541"><header display-inline="yes-display-inline">Administrative
provisions</header>
</appropriations-intermediate><section commented="no" display-inline="no-display-inline" id="id5ce0405a-b929-46bd-84eb-7844a822eba6" section-type="subsequent-section"><enum>101.</enum><text display-inline="yes-display-inline">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.</text>
</section><section commented="no" display-inline="no-display-inline" id="ide6e5588d-2ba0-4369-b773-62683d4803c0" section-type="subsequent-section"><enum>102.</enum><text display-inline="yes-display-inline">Funds made available in this title for
construction shall be available for hire of passenger motor vehicles.</text>
</section><section commented="no" display-inline="no-display-inline" id="idde11b04d-52c0-48c3-93f9-39f4849aeb01" section-type="subsequent-section"><enum>103.</enum><text display-inline="yes-display-inline">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.</text>
</section><section commented="no" display-inline="no-display-inline" id="id443e5747-c953-479a-8ff0-9fa5e4f890d1" section-type="subsequent-section"><enum>104.</enum><text display-inline="yes-display-inline">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.</text>
</section><section id="ID189BB0727DBA49E4A742CA6E8A269AD3"><enum>105.</enum><text>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.</text>
</section><section commented="no" display-inline="no-display-inline" id="ID3A879B3F0FB743D88E879C3E56521CAC" section-type="subsequent-section"><enum>106.</enum><text>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.</text>
</section><section commented="no" display-inline="no-display-inline" id="idaa0cd974-aeec-4138-a8c6-59e9b8e24b76" section-type="subsequent-section"><enum>107.</enum><text display-inline="yes-display-inline">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.</text>
</section><section commented="no" display-inline="no-display-inline" id="idec16d4e5-9fe1-4407-b532-9dcd6439ecc9" section-type="subsequent-section"><enum>108.</enum><text display-inline="yes-display-inline">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.</text>
</section><section commented="no" display-inline="no-display-inline" id="id32cb44ea-eb97-43f6-9f3d-9d6be8003993" section-type="subsequent-section"><enum>109.</enum><text display-inline="yes-display-inline">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.</text>
</section><section commented="no" display-inline="no-display-inline" id="id2e312e89-945c-49a7-b177-b8ec36fe576e" section-type="subsequent-section"><enum>110.</enum><text display-inline="yes-display-inline">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.</text>
</section><section commented="no" display-inline="no-display-inline" id="ID2C812EB33F994C35B6DE91A3B9C138A9" section-type="subsequent-section"><enum>111.</enum><text display-inline="yes-display-inline">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.</text>
</section><section commented="no" display-inline="no-display-inline" id="ide7fe8d46-9ca0-45c6-9618-0edefdee2014" section-type="subsequent-section"><enum>112.</enum><text display-inline="yes-display-inline">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:
<proviso><italic>Provided</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, 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.</text>
</section><section id="HC912366E3F864564939547169C4E63C7"><enum>113.</enum><text display-inline="yes-display-inline">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.</text>
</section><section commented="no" display-inline="no-display-inline" id="H25C0B181258F4D0AA186FC9ED2B1CF72" section-type="subsequent-section"><enum>114.</enum><text display-inline="yes-display-inline">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.</text>
</section><section commented="no" display-inline="no-display-inline" id="id7101264f-48fe-4eb9-966c-c40c4cd643a5" section-type="subsequent-section"><enum>115.</enum><text display-inline="yes-display-inline">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.</text>
</section><section commented="no" display-inline="no-display-inline" id="idaeb21243-ecb9-41ad-9e4f-0d3497d9d27f" section-type="subsequent-section"><enum>116.</enum><text display-inline="yes-display-inline">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.</text>
</section><section id="H2AF9876EFF86412881F72A2614F5F88B"><enum>117.</enum><text>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.</text>
<appropriations-small id="ida53fbda6-236f-40b4-9b41-35d65bc52829"><header>(including transfer of
funds)</header>
</appropriations-small></section><section commented="no" display-inline="no-display-inline" id="idb249ac77-e952-44e0-9e31-d108dba98b0e" section-type="subsequent-section"><enum>118.</enum><text display-inline="yes-display-inline">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.</text>
<appropriations-small id="H0280C043A21B49A7916BD5AA5274AD5E"><header>(including transfer of
funds)</header>
</appropriations-small></section><section commented="no" display-inline="no-display-inline" id="H4B81806685274125A20F1FC1CE1AEF63" section-type="subsequent-section"><enum>119.</enum><text display-inline="yes-display-inline">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 <quote>Family Housing</quote> 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 <quote>Military
Construction</quote> 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:
<proviso><italic>Provided</italic></proviso>, 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.</text>
<appropriations-small id="id0e350370-9cd9-4aa9-b46e-d85b264e5803"><header>(including transfer of
funds)</header>
</appropriations-small></section><section commented="no" display-inline="no-display-inline" id="idfe9e65d8-4339-4152-8520-b0897d023f94" section-type="subsequent-section"><enum>120.</enum><text display-inline="yes-display-inline">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.</text>
</section><section id="H98BB299FA97640A5930B5F5A37DE1DE6"><enum>121.</enum><text display-inline="yes-display-inline">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:
<proviso><italic>Provided</italic></proviso>, 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:
<proviso><italic>Provided further, </italic></proviso> 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.</text>
</section><section commented="no" display-inline="no-display-inline" id="H865F3D5A3BE446C180ADD95116EAE8C7" section-type="subsequent-section"><enum>122.</enum><text display-inline="yes-display-inline">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.</text>
</section><section id="H823CE3B346974508A81B47AE36A006BC"><enum>123.</enum><text display-inline="yes-display-inline">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:
<proviso><italic>Provided</italic></proviso>, 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.</text>
<appropriations-small id="H010AA6639730454AA2032F3AB4786E96"><header>(including transfer of
funds)</header>
</appropriations-small></section><section commented="no" display-inline="no-display-inline" id="HA3BE9851F6FD44B08E71F5583978A78C" section-type="subsequent-section"><enum>124.</enum><text display-inline="yes-display-inline">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 <quote>Foreign
Currency Fluctuations, Construction, Defense</quote>, to be merged with and to
be available for the same time period and for the same purposes as the
appropriation to which transferred.</text>
</section><section commented="no" display-inline="no-display-inline" id="id8796E5635A4342FDACBCFC43C9632EFD" section-type="subsequent-section"><enum>125.</enum><text display-inline="yes-display-inline">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.</text>
</section><section commented="no" display-inline="no-display-inline" id="id3030B95258FF4D58813809D4772CDCF4" section-type="subsequent-section"><enum>126.</enum><subsection commented="no" display-inline="yes-display-inline" id="id312715D71EE54095910BAC2F78A4DBCF"><enum>(a)</enum><text display-inline="yes-display-inline">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.</text>
</subsection><subsection commented="no" display-inline="no-display-inline" id="id1E65DA29BC8F4DFDBA8F4A7B0C639ECE"><enum>(b)</enum><text display-inline="yes-display-inline">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).</text>
</subsection><subsection commented="no" display-inline="no-display-inline" id="id7D8AE733CDCF45B48AAB20CD92AE4D81"><enum>(c)</enum><text display-inline="yes-display-inline">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.).</text>
</subsection><subsection commented="no" display-inline="no-display-inline" id="id9008FD23B76D438EA5B393314E636E50"><enum>(d)</enum><text display-inline="yes-display-inline">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.</text>
</subsection></section><section commented="no" id="H39E31DE551F54D878B18F0BFB723AD04"><enum>127.</enum><text display-inline="yes-display-inline">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:
<proviso><italic>Provided</italic>,</proviso> 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:
<proviso><italic>Provided further</italic>,</proviso> 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.</text>
</section><section commented="no" id="H065B9323AC3343058BFF4739C06A081E"><enum>128.</enum><text display-inline="yes-display-inline">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.</text>
</section><section id="HDCF890AF3108441ABEF12F2935D1AB87"><enum>129.</enum><text display-inline="yes-display-inline">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.</text>
</section><section commented="no" id="id7EEE4E20CE9240D6B1A34CFD8BD002D2"><enum>130.</enum><subsection commented="no" display-inline="yes-display-inline" id="idD42F3B4459C449ED8EB75E16BEF6B528"><enum>(a)</enum><text display-inline="yes-display-inline">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—</text>
<paragraph commented="no" id="idC567711B8D9F4ACC888F947E1B1B3644"><enum>(1)</enum><text display-inline="yes-display-inline">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</text>
</paragraph><paragraph commented="no" id="idF2F38D599EAC42CC875656F4DFB447B9"><enum>(2)</enum><text display-inline="yes-display-inline">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.</text>
</paragraph></subsection><subsection commented="no" id="idC657C8BA823C436295E2D3F775F4D2C2"><enum>(b)</enum><header>Exception</header><text display-inline="yes-display-inline">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.</text>
</subsection></section><appropriations-small id="id4483452825244166BFA7393CC4EF01D2"><header>(Including Rescissions of
Funds)</header>
</appropriations-small><section id="idBEDF2530D2C341C789E886F8BF18E904"><enum>131.</enum><text display-inline="yes-display-inline">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: <quote>Military Construction,
Army</quote>, $100,000,000; <quote>Military Construction, Navy and Marine
Corps</quote>, $25,000,000; <quote>Military Construction, Air Force</quote>,
$32,000,000; and <quote>Military Construction, Defense-Wide</quote>,
$131,400,000.</text>
<appropriations-small id="idE0293F8EA2824E37A73765BD73F30B1A"><header>(Including Rescission of
Funds)</header>
</appropriations-small></section><section id="id39F4DB6BC76841EA95D7789FB642730A"><enum>132.</enum><text display-inline="yes-display-inline">Of the unobligated balances available for
<quote>Department of Defense Base Closure Account 2005</quote>, 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.</text><pagebreak></pagebreak>
</section><enum>II</enum><header display-inline="no-display-inline">Department of Veterans Affairs</header>
<appropriations-intermediate commented="no" id="IDF1FC8500CCA44AF2972B212A9B18C51E"><header display-inline="yes-display-inline">Veterans Benefits
Administration</header>
</appropriations-intermediate><appropriations-small commented="no" id="H28C2B4A56282401B89ABB2F6D6EF0496"><header display-inline="yes-display-inline">Compensation and
pensions</header>
</appropriations-small><appropriations-small commented="no" id="H035E74D8D404405A8D3B3C64E5B41849"><header display-inline="yes-display-inline">(including transfer of funds)</header><text display-inline="no-display-inline">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:
<proviso><italic>Provided</italic></proviso>, That not to exceed
$32,187,000 of the amount appropriated under this heading shall be reimbursed
to <quote>General operating expenses, Veterans Benefits Administration</quote>,
<quote>Medical support and compliance</quote>, and <quote>Information
technology systems</quote> 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 <quote>Compensation
and pensions</quote> appropriation:
<proviso><italic>Provided further</italic></proviso>, That such sums as
may be earned on an actual qualifying patient basis, shall be reimbursed to
<quote>Medical care collections fund</quote> to augment the funding of
individual medical facilities for nursing home care provided to pensioners as
authorized.</text>
</appropriations-small><appropriations-small commented="no" id="H07FB15160B4E4D139BA230232A101204"><header display-inline="yes-display-inline">Readjustment benefits</header><text display-inline="no-display-inline">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:
<proviso><italic>Provided</italic></proviso>, 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.</text>
</appropriations-small><appropriations-small id="HF8A70094CE9E45980838D7D56DFAEE50"><header>Veterans
insurance and indemnities</header><text display-inline="no-display-inline">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.</text>
</appropriations-small><appropriations-small commented="no" id="HBE25A18341144E4F802D8480A83BE15F"><header display-inline="yes-display-inline">Veterans housing benefit program
fund</header><text display-inline="no-display-inline">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:
<proviso><italic>Provided</italic></proviso>, That such costs,
including the cost of modifying such loans, shall be as defined in section 502
of the Congressional Budget Act of 1974:
<proviso><italic>Provided further</italic></proviso>, 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.</text><text display-inline="no-display-inline">In addition, for
administrative expenses to carry out the direct and guaranteed loan programs,
$154,698,000<italic></italic>.</text>
</appropriations-small><appropriations-small commented="no" id="HCE84943256314714843B7C4206C9EEE5"><header display-inline="yes-display-inline">Vocational rehabilitation loans program
account</header><text display-inline="no-display-inline">For the cost of direct
loans, $19,000, as authorized by chapter 31 of title 38, United States Code:
<proviso><italic>Provided</italic></proviso>, That such costs,
including the cost of modifying such loans, shall be as defined in section 502
of the Congressional Budget Act of 1974:
<proviso><italic>Provided further</italic></proviso>, 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.</text><text display-inline="no-display-inline">In addition, for administrative expenses
necessary to carry out the direct loan program, $343,000, which may be paid to
the appropriation for <quote>General operating expenses, Veterans Benefits
Administration</quote>.</text>
</appropriations-small><appropriations-small commented="no" id="H4D62B41B7117465E8E784274EF94EE42"><header display-inline="yes-display-inline">Native american veteran housing loan
program account</header><text display-inline="no-display-inline">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.</text>
</appropriations-small><appropriations-intermediate id="H9E32A69ADA004BBBAD8BEB1E28521C57"><header>Veterans health
administration</header>
</appropriations-intermediate><appropriations-small commented="no" id="H896EC5E3CAF542EA893797E87A5B51EA"><header>Medical services</header><text display-inline="no-display-inline">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:
<proviso><italic>Provided</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, That the
implementation of the program described in the previous proviso shall incur no
additional cost to the Department of Veterans
Affairs.</text>
</appropriations-small><appropriations-small commented="no" id="HF21CCD23CFCC4D1F93D0EDF7ED2B2E2B"><header display-inline="yes-display-inline">Medical support and
compliance</header><text display-inline="no-display-inline">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.</text>
</appropriations-small><appropriations-small id="H0156C6272A9544A5B531A5C9DF08650D"><header>Medical
facilities</header><text display-inline="no-display-inline">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.</text>
</appropriations-small><appropriations-small commented="no" id="H13BC0C8B221248C8BD4DDF52FE406751"><header display-inline="yes-display-inline">Medical and prosthetic
research</header><text display-inline="no-display-inline">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.</text>
</appropriations-small><appropriations-intermediate id="HE9F908E54CD246569D218960A0A8C929"><header>National cemetery
administration</header><text display-inline="no-display-inline">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:
<proviso><italic> Provided</italic></proviso>, 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:
<proviso><italic>Provided further</italic>,</proviso> 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.</text>
</appropriations-intermediate><appropriations-intermediate commented="no" id="H48B33DFC04DD44AC8639D91F66CD9D02"><header display-inline="yes-display-inline">Departmental
administration</header>
</appropriations-intermediate><appropriations-small commented="no" id="id5CEAD35FF6954FDAB397F98E66BD540C"><header display-inline="yes-display-inline">General
administration</header>
</appropriations-small><appropriations-small commented="no" id="id5E951BE7976F41CC8E737D663B9D13A0"><header display-inline="yes-display-inline">(Including transfer of funds)</header><text display-inline="no-display-inline">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:
<proviso><italic>Provided</italic>,</proviso> That funds provided under
this heading may be transferred to <quote>General operating expenses, Veterans
Benefits Administration</quote>.</text>
</appropriations-small><appropriations-small id="HF95B8338542548789734D7A1B5154DEE"><header>General
operating expenses, Veterans Benefits Administration</header><text display-inline="no-display-inline">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:
<proviso><italic>Provided</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, That of the funds
made available under this heading, not to exceed $105,000,000 shall remain
available until September 30, 2013:
<proviso><italic>Provided further</italic></proviso>, 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.</text>
</appropriations-small><appropriations-small commented="no" id="HF8056E1ED3834A4F8F475B28AB31B333"><header display-inline="yes-display-inline">Information technology
systems</header><text display-inline="no-display-inline">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:
<proviso><italic>Provided</italic>,</proviso> 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:
<proviso><italic>Provided further</italic>,</proviso> 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:
<proviso><italic>Provided further</italic>,</proviso> That $580,358,000
shall be for information technology systems development, modernization, and
enhancement, and shall remain available until September 30, 2013:
<proviso><italic>Provided further</italic>,</proviso> 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:
<proviso><italic>Provided further</italic>,</proviso> 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:
<proviso><italic>Provided further</italic>,</proviso> 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:
<proviso><italic>Provided further</italic>,</proviso> 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 explanatory statement
described in section 4 (in the matter preceding division A of this consolidated
Act).</text>
</appropriations-small><appropriations-small id="H20F4C55FD9543AE599DC83BE160F44EB"><header>Office of
inspector general</header><text display-inline="no-display-inline">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.</text>
</appropriations-small><appropriations-small id="H11076331464B4A30A36BB9E20610CB49"><header>Construction, major
projects</header><text display-inline="no-display-inline">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:
<proviso><italic>Provided</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, 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.</text>
</appropriations-small><appropriations-small commented="no" id="H54343CE5575845BA80E80F3595399D42"><header>Construction, minor
projects</header><text display-inline="no-display-inline">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 <quote>Construction, minor
projects</quote> 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:
<proviso><italic>Provided</italic></proviso>, 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.</text>
</appropriations-small><appropriations-small commented="no" id="HB8628B17A6FF4A30AAA37815C4CC4AA9"><header display-inline="yes-display-inline">Grants for construction of state extended
care facilities</header><text display-inline="no-display-inline">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.</text>
</appropriations-small><appropriations-small commented="no" id="H3CC412EC29304E5EB8F18BFC2F407552"><header display-inline="yes-display-inline">Grants for construction of veterans
cemeteries</header><text display-inline="no-display-inline">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.</text>
</appropriations-small><appropriations-intermediate commented="no" id="HE626BC2207CF402E9C3E7D2FE3A7CD52"><header display-inline="yes-display-inline">Administrative
provisions</header>
</appropriations-intermediate><appropriations-small commented="no" id="HBF27C6E01C754451ABFCA3FE29E901A7"><header display-inline="yes-display-inline">(including transfer of
funds)</header>
</appropriations-small><section commented="no" display-inline="no-display-inline" id="H52366C2AFDB43AFAA3A1FAC63D77B63E" section-type="subsequent-section"><enum>201.</enum><text display-inline="yes-display-inline">Any appropriation for fiscal year 2012 for
<quote>Compensation and pensions</quote>, <quote>Readjustment benefits</quote>,
and <quote>Veterans insurance and indemnities</quote> may be transferred as
necessary to any other of the mentioned appropriations:
<proviso><italic>Provided</italic></proviso>, 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.</text>
<appropriations-small commented="no" id="H8942DE86FAAD4532A54EB5B97DF0015F"><header display-inline="yes-display-inline">(including transfer of
funds)</header>
</appropriations-small></section><section commented="no" display-inline="no-display-inline" id="HDFCB2429C7163827B2E26BF6F16D8F64" section-type="subsequent-section"><enum>202.</enum><text display-inline="yes-display-inline">Amounts made available for the Department
of Veterans Affairs for fiscal year 2012, in this Act or any other Act, under
the <quote>Medical services</quote>, <quote>Medical support and
compliance</quote>, and <quote>Medical facilities</quote> accounts may be
transferred among the accounts:
<proviso><italic>Provided</italic></proviso>, That any transfers
between the <quote>Medical services</quote> and <quote>Medical support and
compliance</quote> 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:
<proviso><italic>Provided further</italic></proviso>, That any
transfers between the <quote>Medical services</quote> and <quote>Medical
support and compliance</quote> 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:
<proviso><italic>Provided further</italic></proviso>, That any
transfers to or from the <quote>Medical facilities</quote> 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.</text>
</section><section commented="no" display-inline="no-display-inline" id="H66C37C36894940FC9C8667337912CB0A" section-type="subsequent-section"><enum>203.</enum><text display-inline="yes-display-inline">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.</text>
</section><section commented="no" display-inline="no-display-inline" id="H4A43EC89774D4E609EA34BBED1E869EA" section-type="subsequent-section"><enum>204.</enum><text display-inline="yes-display-inline">No appropriations in this title (except the
appropriations for <quote>Construction, major projects</quote>, and
<quote>Construction, minor projects</quote>) shall be available for the
purchase of any site for or toward the construction of any new hospital or
home.</text>
</section><section commented="no" display-inline="no-display-inline" id="H024E39F4F286422FB66D993DE6FEE40E" section-type="subsequent-section"><enum>205.</enum><text display-inline="yes-display-inline">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 <quote>Medical services</quote> account at such rates as may be
fixed by the Secretary of Veterans Affairs.</text>
</section><section commented="no" display-inline="no-display-inline" id="H64918A83CDAC4E469429AFBCBBF0B6DB" section-type="subsequent-section"><enum>206.</enum><text display-inline="yes-display-inline">Appropriations available in this title for
<quote>Compensation and pensions</quote>, <quote>Readjustment benefits</quote>,
and <quote>Veterans insurance and indemnities</quote> 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.</text>
</section><section commented="no" display-inline="no-display-inline" id="H97AF3C864FE34483A27A6391EF8DE021" section-type="subsequent-section"><enum>207.</enum><text display-inline="yes-display-inline">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 <quote>Compensation and
pensions</quote>.</text>
<appropriations-small commented="no" id="HBC4967DCC9DC4FBD3CA36386FBB1DA56"><header display-inline="yes-display-inline">(including transfer of
funds)</header>
</appropriations-small></section><section commented="no" display-inline="no-display-inline" id="HE06D290A0B07467E98DF10934E0F6442" section-type="subsequent-section"><enum>208.</enum><text display-inline="yes-display-inline">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
<quote>General operating expenses, Veterans Benefits Administration</quote> and
<quote>Information technology systems</quote> accounts for the cost of
administration of the insurance programs financed through those accounts:
<proviso><italic>Provided</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, 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.</text>
</section><section commented="no" display-inline="no-display-inline" id="H77B7908CBE6C4B9FA1C2C951F392A01F" section-type="subsequent-section"><enum>209.</enum><text display-inline="yes-display-inline">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.</text>
<appropriations-small commented="no" id="HEDF1182914894203BC289A2F6EB45742"><header display-inline="yes-display-inline">(including transfer of
funds)</header>
</appropriations-small></section><section commented="no" display-inline="no-display-inline" id="H123EFCDB9DFC4F03B23E49DF3F13D8A0" section-type="subsequent-section"><enum>210.</enum><text display-inline="yes-display-inline">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:
<proviso><italic>Provided</italic></proviso>, That payments may be
made in advance for services to be furnished based on estimated costs:
<proviso><italic>Provided further</italic></proviso>, That amounts
received shall be credited to the <quote>General administration</quote> and
<quote>Information technology systems</quote> accounts for use by the office
that provided the service.</text>
</section><section commented="no" display-inline="no-display-inline" id="H53E9CCF707644E38B44AF0C36BB4B03D" section-type="subsequent-section"><enum>211.</enum><text display-inline="yes-display-inline">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.</text>
</section><section commented="no" display-inline="no-display-inline" id="H5206250163A34090AF806F2238B5E8C5" section-type="subsequent-section"><enum>212.</enum><text display-inline="yes-display-inline">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:
<proviso><italic>Provided</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, 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.</text>
<appropriations-small commented="no" id="HEA97B6033E81492CBB63393C4EF47088"><header display-inline="yes-display-inline">(including transfer of
funds)</header>
</appropriations-small></section><section commented="no" display-inline="no-display-inline" id="HCF4BC951BBC1406789BBA0EFA3AB9D10" section-type="subsequent-section"><enum>213.</enum><text display-inline="yes-display-inline">Notwithstanding any other provision of law,
proceeds or revenues derived from enhanced-use leasing activities (including
disposal) may be deposited into the <quote>Construction, major projects</quote>
and <quote>Construction, minor projects</quote> 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 <quote>Construction, major projects</quote> and
<quote>Construction, minor projects</quote>.</text>
</section><section commented="no" display-inline="no-display-inline" id="HD408FE6E72D9466FB669F93B113BC6AD" section-type="subsequent-section"><enum>214.</enum><text display-inline="yes-display-inline">Amounts made available under <quote>Medical
services</quote> are available—</text>
<paragraph commented="no" display-inline="no-display-inline" id="HBDAD53EF4CF34502AF4F5D34B2DD82D2"><enum>(1)</enum><text display-inline="yes-display-inline">for furnishing recreational facilities,
supplies, and equipment; and</text>
</paragraph><paragraph commented="no" display-inline="no-display-inline" id="HC0FD1430B01147CE996F9AE1310F4473"><enum>(2)</enum><text display-inline="yes-display-inline">for funeral expenses, burial expenses, and
other expenses incidental to funerals and burials for beneficiaries receiving
care in the Department.</text>
</paragraph></section><appropriations-small commented="no" id="HC707E2F43D5B45589D2D14B1337227FF"><header display-inline="yes-display-inline">(including transfer of
funds)</header>
</appropriations-small><section commented="no" display-inline="no-display-inline" id="H8D7FB47F028149C2AAC34F43C7B54BF5" section-type="subsequent-section"><enum>215.</enum><text display-inline="yes-display-inline">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 <quote>Medical services</quote>, to remain
available until expended for the purposes of that account.</text>
</section><section commented="no" display-inline="no-display-inline" id="HCBE851A506D541348C8FC38B30DEF222" section-type="subsequent-section"><enum>216.</enum><text display-inline="yes-display-inline">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 <quote>rural Alaska</quote> 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.</text>
<appropriations-small commented="no" id="HB00DADCA20AD45E0B27208B3105E525E"><header display-inline="yes-display-inline">(including transfer of
funds)</header>
</appropriations-small></section><section commented="no" display-inline="no-display-inline" id="HA936E105E449452DB345FA31A354D49B" section-type="subsequent-section"><enum>217.</enum><text display-inline="yes-display-inline">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 <quote>Construction,
major projects</quote> and <quote>Construction, minor projects</quote>
accounts, to remain available until expended for the purposes of these
accounts.</text>
</section><section commented="no" display-inline="no-display-inline" id="HEF3B76229E4144413FBA90AC88AB62ED" section-type="subsequent-section"><enum>218.</enum><text display-inline="yes-display-inline">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.</text>
</section><section commented="no" display-inline="no-display-inline" id="HE49F5F7A220041DB83BB208032D017C2" section-type="subsequent-section"><enum>219.</enum><text display-inline="yes-display-inline">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.</text>
<appropriations-small id="H7B55C0EC45624B1FA3B1763B8A37ED64"><header>(including transfer of
funds)</header>
</appropriations-small></section><section commented="no" display-inline="no-display-inline" id="HC3D61DCE76B7449282BADA9C03417EC7" section-type="subsequent-section"><enum>220.</enum><text display-inline="yes-display-inline">Amounts made available under the
<quote>Medical services</quote>, <quote>Medical support and compliance</quote>,
<quote>Medical facilities</quote>, <quote>General operating expenses, Veterans
Benefits Administration</quote>, <quote>General administration</quote>, and
<quote>National Cemetery Administration</quote> accounts for fiscal year 2012,
may be transferred to or from the <quote>Information technology systems</quote>
account:
<proviso><italic>Provided</italic></proviso>, 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.</text>
<appropriations-small commented="no" id="idA186889642B94F6D9BD49443B5372E62"><header display-inline="yes-display-inline">(including transfer of
funds)</header>
</appropriations-small></section><section commented="no" display-inline="no-display-inline" id="H8397F9331AFE4A2DB3DEAEB31281DC4C" section-type="subsequent-section"><enum>221.</enum><text display-inline="yes-display-inline">Amounts made available for the
<quote>Information technology systems</quote> account for development,
modernization, and enhancement may be transferred between projects or to newly
defined projects:
<proviso><italic>Provided</italic></proviso>, 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.</text>
</section><section commented="no" display-inline="no-display-inline" id="H46C91E2E0479489CB7F0341879CA97DB" section-type="subsequent-section"><enum>222.</enum><text display-inline="yes-display-inline">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.</text>
</section><section commented="no" display-inline="no-display-inline" id="HAC0C129BC9674A65A573BFBB48507EDF" section-type="subsequent-section"><enum>223.</enum><text display-inline="yes-display-inline">Of the amounts made available to the
Department of Veterans Affairs for fiscal year 2012, in this Act or any other
Act, under the <quote>Medical facilities</quote> 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:
<proviso><italic>Provided</italic></proviso>, That the Secretary may
waive this requirement after providing written notice to the Committees on
Appropriations of both Houses of Congress.</text>
<appropriations-small id="H6E64CCE5E47C4FB280A9935C69A6BB67"><header>(including transfer of
funds)</header>
</appropriations-small></section><section id="H0C7A48DC10FF4FA0BBD36ABBF2E7C20F"><enum>224.</enum><text display-inline="yes-display-inline">Of the amounts appropriated to the
Department of Veterans Affairs for fiscal year 2012 for <quote>Medical
services</quote>, <quote>Medical support and compliance</quote>, <quote>Medical
facilities</quote>, <quote>Construction, minor projects</quote>, and
<quote>Information technology systems</quote>, 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):
<proviso><italic>Provided</italic></proviso>, 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.</text>
<appropriations-small id="HA982C060937641C19275AD3AFDD39A60"><header>(including transfer of
funds)</header>
</appropriations-small></section><section id="H205FADE8404C49CB87A3E81E2AD1A76B"><enum>225.</enum><text display-inline="yes-display-inline">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).</text>
<appropriations-small id="H3B510843D25C4FC58337C9A9A0E02A1D"><header>(including transfer of
funds)</header>
</appropriations-small></section><section commented="no" display-inline="no-display-inline" id="HC4B140AFF7FC4EBC86CAE86AF5346B21" section-type="subsequent-section"><enum>226.</enum><text display-inline="yes-display-inline">Of the amounts available in this title for
<quote>Medical services</quote>, <quote>Medical support and compliance</quote>,
and <quote>Medical facilities</quote>, 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.</text>
<appropriations-small id="H5F4C84BD1191478D88968D56B321E7BC"><header>(including rescissions of
funds)</header>
</appropriations-small></section><section display-inline="no-display-inline" id="HB81746638851441D8FF15B75B3D0D4FC"><enum>227.</enum><subsection commented="no" display-inline="yes-display-inline" id="H8D72847DF4D24EE88FBE0FDD6E17FAA2"><enum>(a)</enum><text display-inline="yes-display-inline">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:</text>
<paragraph display-inline="no-display-inline" id="id03B9F304205B4A818A15DD3236618D9E"><enum>(1)</enum><text display-inline="yes-display-inline"><quote>Department of Veterans Affairs,
Medical services</quote>, $1,400,000,000.</text>
</paragraph><paragraph display-inline="no-display-inline" id="id099DB175A4DF4B4AA543360C3455FDC3"><enum>(2)</enum><text display-inline="yes-display-inline"><quote>Department of Veterans Affairs,
Medical support and compliance</quote>, $100,000,000.</text>
</paragraph><paragraph display-inline="no-display-inline" id="idF6741402C20E40F3A6C316DEC39B7D2B"><enum>(3)</enum><text display-inline="yes-display-inline"><quote>Department of Veterans Affairs,
Medical facilities</quote>, $250,000,000.</text>
</paragraph></subsection><subsection display-inline="no-display-inline" id="id8555832A069B4D10B28289E35AC88A2E"><enum>(b)</enum><text display-inline="yes-display-inline">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:</text>
<paragraph display-inline="no-display-inline" id="idFBD9E165D38E4FDF9EE536A91313047F"><enum>(1)</enum><text display-inline="yes-display-inline"><quote>Department of Veterans Affairs,
Medical services</quote>, $1,400,000,000.</text>
</paragraph><paragraph display-inline="no-display-inline" id="idEDC84D5C92A74100BF393AFC0ED62555"><enum>(2)</enum><text display-inline="yes-display-inline"><quote>Department of Veterans Affairs,
Medical support and compliance</quote>, $100,000,000.</text>
</paragraph><paragraph display-inline="no-display-inline" id="idFFC3671F92484A48BC913F4733DD694E"><enum>(3)</enum><text display-inline="yes-display-inline"><quote>Department of Veterans Affairs,
Medical facilities</quote>, $250,000,000.</text>
</paragraph></subsection></section><section display-inline="no-display-inline" id="HFFFDC4B8EEF745EF9D87A613CD366162" section-type="subsequent-section"><enum>228.</enum><text display-inline="yes-display-inline">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:
<proviso><italic>Provided</italic></proviso>, That such notification
shall occur within 14 days of a contract identifying the programmed amount:
<proviso><italic>Provided further,</italic></proviso> 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.</text>
</section><section commented="no" display-inline="no-display-inline" id="H7257831F7FB349A38A63D1E31F6E337B" section-type="subsequent-section"><enum>229.</enum><text display-inline="yes-display-inline">The scope of work for a project included in
<quote>Construction, major projects</quote> 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.</text>
</section><section commented="no" id="HBEF0CC7C3F3B4C249E7C76CC23138414"><enum>230.</enum><subsection commented="no" display-inline="yes-display-inline" id="HEE0B78EB4C7D4B22B18BAED43C39A007"><enum>(a)</enum><header>Exception With Respect
to Confidential Nature of Claims</header><text display-inline="yes-display-inline">Section 5701 of title 38, United States
Code, is amended by adding at the end the following new subsection:</text>
<quoted-block display-inline="no-display-inline" id="idB4C9DE76D2F64EAE9470ABB73C66ABA7" style="appropriations">
<subsection commented="no" id="idA3234376542A45D2A4807E737AE9EA45"><enum>(l)</enum><text display-inline="yes-display-inline">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.</text>
</subsection><after-quoted-block>.</after-quoted-block></quoted-block>
</subsection><subsection commented="no" id="id6B98BD6316D649BD92CFEDB13FE39539"><enum>(b)</enum><header>Exception With
Respect to Confidentiality of Certain Medical Records</header><text display-inline="yes-display-inline">Section 7332(b)(2) of title 38, United
States Code, is amended by adding at the end the following new
subparagraph:</text>
<quoted-block display-inline="no-display-inline" id="idD069F6D2AED04163BDCB1E793EE13391" style="appropriations">
<subparagraph commented="no" id="id7B9D066956424A3DBF2778A271C31325"><enum>(G)</enum><text display-inline="yes-display-inline">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.</text>
</subparagraph><after-quoted-block>.</after-quoted-block></quoted-block>
</subsection></section><section commented="no" id="idE7DE5BD91FB542239BF66F73B324033A"><enum>231.</enum><text display-inline="yes-display-inline">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.</text>
</section><section id="H174B42D2985D491B930934AC56E7E630"><enum>232.</enum><text display-inline="yes-display-inline">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.</text>
</section><section id="HF252F5B5DA7D41A88F23B36473CDFB65"><enum>233.</enum><text display-inline="yes-display-inline">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)).</text>
</section><section commented="no" id="idA71F96337631403BBE81CD932736E316"><enum>234.</enum><text display-inline="yes-display-inline">Section 315(b) of title 38, United States
Code, is amended by striking <quote>December 31, 2011</quote> and inserting
<quote>December 31, 2012</quote>.</text><pagebreak></pagebreak>
</section><enum>III</enum><header display-inline="no-display-inline">Related agencies</header>
<appropriations-intermediate commented="no" id="H946E3FCB5BEE41B7840F9AB82C8D731A"><header display-inline="yes-display-inline">American battle monuments
commission</header>
</appropriations-intermediate><appropriations-small commented="no" id="H6A1DA3AB4DD8404BAFFE5EBA8DD7DE76"><header display-inline="yes-display-inline">Salaries and expenses</header><text display-inline="no-display-inline">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.</text>
</appropriations-small><appropriations-small commented="no" id="H78DB6521FC2D4FBCB2E42EB1B3593784"><header display-inline="yes-display-inline">Foreign currency fluctuations
account</header><text display-inline="no-display-inline">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
<external-xref legal-doc="usc" parsable-cite="usc/36/2109">section
2109</external-xref> of title 36, United States
Code.</text>
</appropriations-small><appropriations-intermediate commented="no" id="HD78756FFCAFF41B6B31E73B349804924"><header display-inline="yes-display-inline">United states court of appeals for veterans
claims</header>
</appropriations-intermediate><appropriations-small commented="no" id="H55C711544B3F448EB9C2E964ACBDC978"><header display-inline="yes-display-inline">Salaries and expenses</header><text display-inline="no-display-inline">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:
<proviso><italic>Provided</italic></proviso>, 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 <external-xref legal-doc="public-law" parsable-cite="pl/102/229">Public Law
102–229</external-xref>.</text>
</appropriations-small><appropriations-intermediate id="HF8A24F6D98244FE992FC1D4E759BB261"><header>Department of
defense—Civil</header>
</appropriations-intermediate><appropriations-intermediate id="HFFD90A08BAEB445986F01834BDD50E85"><header>Cemeterial expenses,
Army</header>
</appropriations-intermediate><appropriations-small commented="no" id="HE0F4F9412B9D423AB6600859F74E3EDE"><header>Salaries and
expenses</header><text display-inline="no-display-inline">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 <quote>Lease of Department of Defense Real
Property for Defense Agencies</quote> account.</text><text display-inline="no-display-inline">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.</text>
</appropriations-small><appropriations-intermediate commented="no" id="H3E39236C11FE4A47BEFEB97516C72DC0"><header display-inline="yes-display-inline">Armed forces retirement
home</header>
</appropriations-intermediate><appropriations-small commented="no" id="HC9436AFE3EF542F6A44EB37008F4E88C"><header display-inline="yes-display-inline">Trust fund</header><text display-inline="no-display-inline">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.</text>
</appropriations-small><appropriations-small id="id93D1588913E0455F914CE127685FD60B"><header>GENERAL
FUND PAYMENT, ARMED FORCES RETIREMENT HOME</header><text display-inline="no-display-inline">For payment to the <quote>Armed Forces
Retirement Home</quote>, $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.</text><pagebreak></pagebreak>
</appropriations-small><enum>IV</enum><header>Overseas
contingency operations</header>
<appropriations-major commented="no" id="HD989B52E39EF45EFB88068BF1B41791C">
</appropriations-major><appropriations-major commented="no" id="id36A6B97D93CF4373814FD357C386E88C"><header>DEPARTMENT OF
DEFENSE</header>
</appropriations-major><appropriations-intermediate commented="no" id="id3C9FC467B4D24BF0A0F438E333EB3B29"><header>Military Construction,
Army</header><text display-inline="no-display-inline">For an additional amount
for <quote>Military Construction, Army</quote>, $80,000,000, to remain
available until September 30, 2012:
<proviso><italic>Provided</italic>,</proviso> 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.</text>
</appropriations-intermediate><appropriations-intermediate commented="no" id="idFBFD77F5FA7048DD99EB1C02DD26FDB1"><header>Military Construction, Navy and
Marine Corps</header><text display-inline="no-display-inline">For an additional
amount for <quote>Military Construction, Navy and Marine Corps</quote>,
$189,703,000, to remain available until September 30, 2012:
<proviso><italic>Provided</italic>,</proviso> 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.</text>
</appropriations-intermediate><appropriations-intermediate commented="no" id="idDC8AB0858CD64D038A3A97FF0EE77466"><header>Administrative
Provisions</header>
</appropriations-intermediate><appropriations-small commented="no" id="id5930D12B96804893A6C41D92C6039FEC"><header>(INCLUDING RESCISSION OF
FUNDS)</header>
</appropriations-small><section commented="no" display-inline="no-display-inline" id="HC146F1F8510E4D14B190EA34B4AD0DE2"><enum>401.</enum><text display-inline="yes-display-inline">Of the unobligated balances in title IV,
division E of Public Law 111–117, $269,703,000 are hereby rescinded:
<proviso><italic>Provided</italic>,</proviso> 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.</text><pagebreak></pagebreak>
</section><enum>V</enum><header>General
provisions</header>
<appropriations-major commented="no" id="HD989B52E39EF45EFB88068BF1B31791C">
</appropriations-major><section commented="no" display-inline="no-display-inline" id="HC146F1F8510E4D14B190EA34B3AD0DE2"><enum>501.</enum><text display-inline="yes-display-inline">No part of any appropriation contained in
this Act shall remain available for obligation beyond the current fiscal year
unless expressly so provided herein.</text>
</section><section commented="no" id="HACB0DADA3D3D41BDBD5D96C60FC3540A"><enum>502.</enum><text display-inline="yes-display-inline">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.</text>
</section><section commented="no" display-inline="no-display-inline" id="HD6AA83DB4CAE468D9FAA328A36EBCECB" section-type="subsequent-section"><enum>503.</enum><text display-inline="yes-display-inline">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.</text>
</section><section commented="no" display-inline="no-display-inline" id="HCB6A0338956C478EA36E3C3E63C13B4C" section-type="subsequent-section"><enum>504.</enum><text display-inline="yes-display-inline">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.</text>
</section><section commented="no" id="H9B9078791B65484ABA3622FA52F91C2D"><enum>505.</enum><text display-inline="yes-display-inline">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 <quote>E–Commerce</quote>
technologies and procedures in the conduct of their business practices and
public service activities.</text>
</section><section commented="no" id="H72A949316D8342489B17C06B329608F1"><enum>506.</enum><text display-inline="yes-display-inline">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.</text>
</section><section commented="no" display-inline="no-display-inline" id="HB982A13676CB4BD88645B54F2D4B9292" section-type="subsequent-section"><enum>507.</enum><text display-inline="yes-display-inline">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.</text>
</section><section commented="no" id="H11795425DDD940BC8233C8AC94ACD932"><enum>508.</enum><text display-inline="yes-display-inline">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.</text>
</section><section commented="no" id="H5E68CDABCB9B451B80CEFFB68219301F"><enum>509.</enum><subsection commented="no" display-inline="yes-display-inline" id="H6C9D5555966D4F089182D7E8D400FF80"><enum>(a)</enum><text display-inline="yes-display-inline">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.</text>
</subsection><subsection commented="no" id="H27EB8DC34B8647EA9CDDC3079D2F7CC7"><enum>(b)</enum><text display-inline="yes-display-inline">Subsection (a) shall not apply to a report
if—</text>
<paragraph commented="no" id="HF23537206CDB40DE8832249CD2DF687E"><enum>(1)</enum><text>the public posting
of the report compromises national security; or</text>
</paragraph><paragraph commented="no" id="H42E64E7734B246939B4BCD0B2C5B1CF7"><enum>(2)</enum><text>the report
contains confidential or proprietary information.</text>
</paragraph></subsection><subsection commented="no" display-inline="no-display-inline" id="H35DC7F38A1CC44A3A7DAAD09ED583391"><enum>(c)</enum><text>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.</text>
</subsection></section><section commented="no" id="HCD2B5ABE0F3A4C0BA810FF6C7DA9ABBA"><enum>510.</enum><subsection commented="no" display-inline="yes-display-inline" id="H24DC0F8858024CAD94A1580258F3E63A"><enum>(a)</enum><text display-inline="yes-display-inline">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.</text>
</subsection><subsection commented="no" display-inline="no-display-inline" id="H2DEB68F7F13346F4BEB9CCF43D705F69"><enum>(b)</enum><text display-inline="yes-display-inline">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.</text>
</subsection></section><section commented="no" id="HD875F2125223411BA25297C2181A0FE7"><enum>511.</enum><subsection commented="no" display-inline="yes-display-inline" id="H728AA800A72641E490A3EE7D540D1A18"><enum>(a)</enum><header>In
General</header><text display-inline="yes-display-inline">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.</text>
</subsection><subsection commented="no" display-inline="no-display-inline" id="H091CC03BC73F4A51B3A13B12B67C6552"><enum>(b)</enum><text display-inline="yes-display-inline">The prohibition in subsection (a) shall not
apply to any modification of facilities at United States Naval Station,
Guantanamo Bay, Cuba.</text>
</subsection><subsection id="ID5612504fdfa544b99092b1279c0129c7"><enum>(c)</enum><text>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—</text>
<paragraph id="IDb1b02b7e2a3947bc90c53040bc55f8c9"><enum>(1)</enum><text>is not a citizen
of the United States or a member of the Armed Forces of the United States;
and</text>
</paragraph><paragraph id="IDce401f88491d42c7b8358626846b7792"><enum>(2)</enum><text>is—</text>
<subparagraph id="IDddc6f9621cfb4560afbfea091695dde1"><enum>(A)</enum><text>in the custody or
under the effective control of the Department of Defense; or</text>
</subparagraph><subparagraph id="ID15a8da5b75884260a54f88520c1f583b"><enum>(B)</enum><text>otherwise under
detention at United States Naval Station, Guantanamo Bay, Cuba.</text>
</subparagraph></paragraph></subsection></section><section commented="no" id="H49449E2DD6A34C3FBC910F3569746274"><enum>512.</enum><text display-inline="yes-display-inline">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.</text>
</section><section commented="no" id="H069AE773C1E24057B0CEA027FFDC0F3B"><enum>513.</enum><text display-inline="yes-display-inline">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.</text>
</section><section commented="no" display-inline="no-display-inline" id="HB03324D01C714C2DAB9498E979BB773E" section-type="subsequent-section"><enum>514.</enum><text display-inline="yes-display-inline">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.</text>
</section><section commented="no" display-inline="no-display-inline" id="HE8446F64797F48F194E74D8EB0183DBD" section-type="undesignated-section"><text display-inline="yes-display-inline">This division may be cited as the
<quote><short-title>Military Construction and Veterans
Affairs, and Related Agencies Appropriations Act,
2012</short-title></quote>.</text>
</section>IDEPARTMENT OF
STATE, FOREIGN OPERATIONS, AND RELATED PROGRAMS APPROPRIATIONS ACT,
2012
<enum>I</enum><header display-inline="no-display-inline">Department of State and related
agency</header>
<appropriations-major commented="no" id="H3CA9758BF95E4CB097FF6A73E0FAB6EF"><header display-inline="yes-display-inline">Department of
state</header>
</appropriations-major><appropriations-intermediate commented="no" id="H678344310739407F81B96EBCC783975D"><header display-inline="yes-display-inline">Administration of foreign
affairs</header>
</appropriations-intermediate><appropriations-small commented="no" id="H3E12FABA913042F5B0AF85F933BCAE4A"><header display-inline="yes-display-inline">Diplomatic and consular
programs</header>
</appropriations-small><appropriations-small commented="no" id="HA1699765A7A54B1CAE43E276A767DDEA"><header display-inline="yes-display-inline">(including transfer of funds)</header><text display-inline="no-display-inline">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):
<proviso><italic>Provided</italic></proviso>, That funds made available
under this heading shall be allocated as follows:</text>
<paragraph commented="no" display-inline="no-display-inline" id="H97050249023E4B06A35DFE9A190ECD06"><enum>(1)</enum><header display-inline="yes-display-inline">Human resources</header><text display-inline="yes-display-inline">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.</text>
</paragraph><paragraph commented="no" display-inline="no-display-inline" id="H084B59EB1A19451995625C5A1B94E768"><enum>(2)</enum><header display-inline="yes-display-inline">Overseas programs</header><text display-inline="yes-display-inline">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.</text>
</paragraph><paragraph commented="no" display-inline="no-display-inline" id="H7DAD4DBC013B43D7A538072D56CAD7F7"><enum>(3)</enum><header display-inline="yes-display-inline">Diplomatic policy and support</header><text display-inline="yes-display-inline">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.</text>
</paragraph><paragraph commented="no" display-inline="no-display-inline" id="H5C5FAB8A6B0E4869BCD2BCEF7295F319"><enum>(4)</enum><header display-inline="yes-display-inline">Security programs</header><text display-inline="yes-display-inline">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.</text>
</paragraph><paragraph commented="no" display-inline="no-display-inline" id="HB854F077010F4C2BA872E249BDDFC4FE"><enum>(5)</enum><header display-inline="yes-display-inline">Fees and payments collected</header><text display-inline="yes-display-inline">In addition to amounts otherwise made
available under this heading—</text>
<subparagraph commented="no" display-inline="no-display-inline" id="H2AB612E213E84F699C68F68B8D064877"><enum>(A)</enum><text display-inline="yes-display-inline">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;</text>
</subparagraph><subparagraph commented="no" display-inline="no-display-inline" id="HCF44D91339E54F09A72BDC19D3E331C1"><enum>(B)</enum><text display-inline="yes-display-inline">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</text>
</subparagraph><subparagraph commented="no" display-inline="no-display-inline" id="HFDA641FF0D61429B890F7B267DC922A0"><enum>(C)</enum><text display-inline="yes-display-inline">not to exceed $15,000, which shall be
derived from reimbursements, surcharges and fees for use of Blair House
facilities.</text>
</subparagraph></paragraph><paragraph id="H7C5744B84017407CA04F08B8F05C48FD"><enum>(6)</enum><header>Transfer,
reprogramming, and other matters</header>
<subparagraph id="H19E27247C30A4D698F338C3F8D8D90DE"><enum>(A)</enum><text>Notwithstanding
any provision of this Act, funds may be reprogrammed within and between
subsections under this heading subject to section 7015 of this Act;</text>
</subparagraph><subparagraph id="H8A54A9F556CB46AE8BC03430C44FC019"><enum>(B)</enum><text>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
<quote>Emergencies in the Diplomatic and Consular Service</quote>, to be
available only for emergency evacuations and rewards, as authorized; and</text>
</subparagraph><subparagraph commented="no" display-inline="no-display-inline" id="H8A4CAEB3E07E470A87A9B37CB1A510A5"><enum>(C)</enum><text>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.</text>
</subparagraph><subparagraph commented="no" display-inline="no-display-inline" id="idF7028719A84544DAA879C304CD3D524D"><enum>(D)</enum><text display-inline="yes-display-inline">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 <quote>Department of State,
Administration of Foreign Affairs, Capital Investment Fund</quote>:
<proviso><italic>Provided</italic>,</proviso> That the transfer
authority of this subparagraph is in addition to any other transfer authority
available to the Secretary of State.</text>
</subparagraph><subparagraph commented="no" display-inline="no-display-inline" id="id2F13F9A52B7B423EB599EDA7C9AD349C"><enum>(E)</enum><clause commented="no" display-inline="yes-display-inline" id="id45C48A58C59F43D7A552435E84D6B522"><enum>(i)</enum><text display-inline="yes-display-inline">The headings <quote>Civilian Stabilization
Initiative</quote> in titles I and II of prior acts making appropriations for
the Department of State, foreign operations, and related programs shall be
renamed <quote>Conflict Stabilization Operations</quote>.</text>
</clause><clause commented="no" display-inline="no-display-inline" id="id794A445D595B4B10B8297638EE337CF5" indent="up1"><enum>(ii)</enum><text display-inline="yes-display-inline">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 <quote>Conflict Stabilization Operations</quote> in title I of prior
acts making appropriations for the Department of State, foreign operations and
related programs, as amended by subparagraph (i).</text>
</clause></subparagraph><subparagraph commented="no" display-inline="no-display-inline" id="id4D0628A40015488C96262141E35E8F0D"><enum>(F)</enum><text display-inline="yes-display-inline">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.</text>
</subparagraph></paragraph></appropriations-small><appropriations-small id="H9B6517D2F5864DFFB3A8C108093F6E88"><header>capital
investment fund </header><text display-inline="no-display-inline">For necessary
expenses of the Capital Investment Fund, $59,380,000, to remain available until
expended, as authorized:
<proviso><italic>Provided</italic></proviso>, That section 135(e) of
Public Law 103–236 shall not apply to funds available under this
heading.</text>
</appropriations-small><appropriations-small commented="no" id="HE3C5BAF894C14F73A7507F06C330E61A"><header display-inline="yes-display-inline">Office of inspector general</header><text display-inline="no-display-inline">For necessary expenses of the Office of
Inspector General, $61,904,000, notwithstanding section 209(a)(1) of the
<act-name parsable-cite="FSA80">Foreign Service Act of 1980</act-name> (Public
Law 96–465), as it relates to post inspections.</text>
</appropriations-small><appropriations-small commented="no" id="H7E2C4A313D374CF798E1B7CE4618A1DC"><header display-inline="yes-display-inline">Educational and cultural exchange
programs</header><text display-inline="no-display-inline">For expenses of
educational and cultural exchange programs, as authorized, $583,200,000, to
remain available until expended:
<proviso><italic>Provided,</italic></proviso> 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.</text>
</appropriations-small><appropriations-small commented="no" id="H61C10C239C7B4582BB8993428AB12964"><header display-inline="yes-display-inline">Representation allowances</header><text display-inline="no-display-inline">For representation allowances as authorized,
$7,300,000.</text>
</appropriations-small><appropriations-small commented="no" id="H5171975EBBB84389A7FE2ACF43C78EF5"><header display-inline="yes-display-inline">Protection of foreign missions and
officials</header><text display-inline="no-display-inline">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.</text>
</appropriations-small><appropriations-small commented="no" id="H6BB32D55692842ADB77B5CF60D8AEDD1"><header display-inline="yes-display-inline">Embassy security, construction, and
maintenance</header><text display-inline="no-display-inline">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:
<proviso><italic>Provided,</italic></proviso> That none of the funds
appropriated in this paragraph shall be available for acquisition of furniture,
furnishings, or generators for other departments and agencies.</text><text display-inline="no-display-inline">In addition, for the costs of worldwide
security upgrades, acquisition, and construction as authorized, $775,000,000,
to remain available until expended:
<proviso><italic>Provided</italic></proviso>, 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.</text>
</appropriations-small><appropriations-small commented="no" id="H5D33464669E245B495ABE42627798347"><header display-inline="yes-display-inline">Emergencies in the diplomatic and consular
service</header>
</appropriations-small><appropriations-small commented="no" id="H297118774A1B46A48D33D4564B41C854"><header display-inline="yes-display-inline">(including transfer of funds)</header><text display-inline="no-display-inline">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 <quote>Repatriation Loans Program
Account</quote>, subject to the same terms and
conditions.</text>
</appropriations-small><appropriations-small commented="no" id="HB96DDFAE92514632A8A21B9CE2D432F2"><header display-inline="yes-display-inline">Repatriation loans program
account</header>
</appropriations-small><appropriations-small commented="no" id="HE0247D9413BA424288B82DDF9E75EE2C"><header display-inline="yes-display-inline">(including transfer of funds)</header><text display-inline="no-display-inline">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
<quote>Diplomatic and Consular Programs</quote>:
<proviso><italic>Provided</italic></proviso>, That such costs,
including the cost of modifying such loans, shall be as defined in section 502
of the Congressional Budget Act of 1974.</text>
</appropriations-small><appropriations-small commented="no" id="H7A566AD8DCE644EA9BFC00C111C272A6"><header display-inline="yes-display-inline">payment to the american institute in
taiwan</header><text display-inline="no-display-inline">For necessary expenses
to carry out the Taiwan Relations Act (Public Law 96–8),
$21,108,000.</text>
</appropriations-small><appropriations-small commented="no" id="H9C011CA26B3A469EA4A1D3F8DE76628E"><header display-inline="yes-display-inline">Payment to the foreign service retirement
and disability fund</header><text display-inline="no-display-inline">For
payment to the Foreign Service Retirement and Disability Fund, as authorized,
$158,900,000.</text>
</appropriations-small><appropriations-intermediate id="HF99B71F77D3C4C5CB9423C6E48D316B1"><header>international
organizations</header>
</appropriations-intermediate><appropriations-small id="HFBA47F7690904C89843ED693A346661F"><header>contributions to international
organizations</header><text display-inline="no-display-inline">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:
<proviso><italic>Provided</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, 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:
<proviso><italic>Provided further</italic>,</proviso> 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:
<proviso><italic>Provided further</italic>,</proviso> 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:
<proviso><italic>Provided further</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, 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.</text>
</appropriations-small><appropriations-small commented="no" id="H2195659157634C82996D77294E96C534"><header>contributions for international
peacekeeping activities</header><text display-inline="no-display-inline">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:
<proviso><italic>Provided</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, 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:
<proviso><italic>Provided further</italic>,</proviso> 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:
<proviso><italic>Provided further</italic>,</proviso> 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:
<proviso><italic>Provided further</italic>,</proviso> 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:
<proviso><italic>Provided further</italic>,</proviso> 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:
<proviso><italic>Provided further</italic>,</proviso> 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:
<proviso><italic>Provided further</italic>,</proviso> 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.</text>
</appropriations-small><appropriations-intermediate commented="no" id="H693ED07CA8684182B22B710565A735C1"><header display-inline="yes-display-inline">International Commissions</header><text display-inline="no-display-inline">For necessary expenses, not otherwise
provided for, to meet obligations of the United States arising under treaties,
or specific Acts of Congress, as follows:</text>
</appropriations-intermediate><appropriations-small commented="no" id="H991F57F2F4914DF48600AA1A53BA5C41"><header display-inline="yes-display-inline">International boundary and water
commission, united states and mexico</header><text display-inline="no-display-inline">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:</text>
</appropriations-small><appropriations-small commented="no" id="H2D8B3EF2C0D943FBAAE57D766E507962"><header display-inline="yes-display-inline">Salaries and expenses</header><text display-inline="no-display-inline">For salaries and expenses, not otherwise
provided for, $44,722,000.</text>
</appropriations-small><appropriations-small commented="no" id="HA23B0A4FC44F4DEB8FB58B3CDF1CB96F"><header display-inline="yes-display-inline">Construction</header><text display-inline="no-display-inline">For detailed plan preparation and
construction of authorized projects, $31,453,000, to remain available until
expended, as authorized.</text>
</appropriations-small><appropriations-small commented="no" id="HF86CD2BAB54E4231B8B5353095BE07B7"><header display-inline="yes-display-inline">American sections, international
commissions</header><text display-inline="no-display-inline">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:
<proviso><italic>Provided,</italic></proviso> That of the amount
provided under this heading for the International Joint Commission, $9,000 may
be made available for representation expenses.</text>
</appropriations-small><appropriations-small commented="no" id="HEDADC246A8E54061A2F3B1A3244CC94B"><header display-inline="yes-display-inline">International fisheries
commissions</header><text display-inline="no-display-inline">For necessary
expenses for international fisheries commissions, not otherwise provided for,
as authorized by law, $36,300,000:
<proviso><italic>Provided</italic></proviso>, That the United States
share of such expenses may be advanced to the respective commissions pursuant
to 31 U.S.C. 3324.</text>
</appropriations-small><appropriations-major commented="no" id="H9CE797A6FFD841619BB40CFD95792096"><header display-inline="yes-display-inline">related
agency</header>
</appropriations-major><appropriations-intermediate commented="no" id="HAB8C4647E3664022BA170FCFA3754E55"><header display-inline="yes-display-inline">Broadcasting board of
governors</header>
</appropriations-intermediate><appropriations-small commented="no" id="HD910834687324074854ACE70FB2F9DAC"><header display-inline="yes-display-inline">International broadcasting
operations</header><text display-inline="no-display-inline">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:
<proviso><italic>Provided</italic></proviso>, 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:
<proviso><italic>Provided further</italic>,</proviso> 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:
<proviso><italic>Provided further</italic>,</proviso> That the BBG
shall coordinate the development and use of such technologies with the
Secretary of State, as appropriate:
<proviso><italic> Provided further,</italic></proviso> 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:
<proviso><italic>Provided further</italic></proviso>, 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:
<proviso><italic>Provided further</italic>,</proviso> 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:
<proviso><italic>Provided further</italic>,</proviso> 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:
<proviso><italic>Provided further</italic></proviso>, 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.</text>
</appropriations-small><appropriations-small commented="no" id="HAA83787CC4E64565BA3D9FFCB207F725"><header display-inline="yes-display-inline">Broadcasting capital
improvements</header><text display-inline="no-display-inline">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.</text>
</appropriations-small><appropriations-major commented="no" id="H049F14BA99604043AE989AE5EED49059"><header display-inline="yes-display-inline">Related
programs</header>
</appropriations-major><appropriations-intermediate commented="no" id="HE7C14BDD454D4FB2A1F9BE58E31C4102"><header display-inline="yes-display-inline">The asia foundation</header><text display-inline="no-display-inline">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.</text>
</appropriations-intermediate><appropriations-intermediate commented="no" id="H9E78465F5B084C8DA0770BDEBF7270CF"><header display-inline="yes-display-inline">United States Institute of
Peace</header><text display-inline="no-display-inline">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.</text>
</appropriations-intermediate><appropriations-intermediate commented="no" id="H7B9C9F7261CF4640804A7DFBD46DFAD1"><header display-inline="yes-display-inline">Center for Middle Eastern-Western Dialogue
Trust Fund</header><text display-inline="no-display-inline">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.</text>
</appropriations-intermediate><appropriations-intermediate commented="no" id="HD99C4DDCD06C4D33ADB013CF5D3D2A26"><header display-inline="yes-display-inline">Eisenhower exchange fellowship
program</header><text display-inline="no-display-inline">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:
<proviso><italic>Provided,</italic></proviso> 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.</text>
</appropriations-intermediate><appropriations-intermediate commented="no" id="HE52D81BECD374DD080ADC51597C2B737"><header display-inline="yes-display-inline">Israeli arab scholarship
program</header><text display-inline="no-display-inline">For necessary expenses
of the Israeli Arab Scholarship Program, as authorized by section 214 of the
<act-name parsable-cite="FRAA">Foreign Relations Authorization Act</act-name>,
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.</text>
</appropriations-intermediate><appropriations-intermediate commented="no" id="H97D4ACEB3DF34833882F3B8990B85640"><header display-inline="yes-display-inline">East-West center</header><text display-inline="no-display-inline">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:
<proviso><italic>Provided,</italic></proviso> 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.</text>
</appropriations-intermediate><appropriations-intermediate id="HC9FAAE498A174E26A8C24BCE9351105E"><header>national endowment for
democracy</header><text display-inline="no-display-inline">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:
<proviso><italic>Provided</italic></proviso>, 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.</text>
</appropriations-intermediate><appropriations-major id="HA25A40F56EA4484699D659F3CF4C4694"><header>other
commissions</header>
</appropriations-major><appropriations-intermediate id="HB2D0D717611F4DC68867C40ED267F954"><header>commission for the preservation
of america’s heritage abroad</header>
</appropriations-intermediate><appropriations-small commented="no" id="H3E48354275C14EBFAC07D53C075D4F12"><header>salaries and
expenses</header><text display-inline="no-display-inline">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.</text>
</appropriations-small><appropriations-intermediate commented="no" id="H7B60E52409184D3D8DD2D4AD5A7EDA8A"><header display-inline="yes-display-inline">United states commission on international
religious freedom</header>
</appropriations-intermediate><appropriations-small commented="no" id="H365561E2E1FE4A7A8B66D0AE65732C3B"><header display-inline="yes-display-inline">Salaries and expenses</header><text display-inline="no-display-inline">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:
<proviso><italic>Provided</italic>,</proviso> That section 209 of the
International Religious Freedom Act of 1998 (22 U.S.C. 6436) shall be applied
by substituting <quote>September 30, 2012</quote> for <quote>September 30,
2011</quote>:
<proviso><italic>Provided further</italic>,</proviso> 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:
<proviso><italic>Provided further</italic>,</proviso> 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:
<proviso><italic>Provided further</italic>,</proviso> 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.</text>
</appropriations-small><appropriations-intermediate commented="no" id="H6CE2A5FE69924DF29C4A3E5488BCD94B"><header display-inline="yes-display-inline">Commission on Security and Cooperation in
Europe</header>
</appropriations-intermediate><appropriations-small commented="no" id="H383A3174C234482EB3B544BAF9B040DA"><header display-inline="yes-display-inline">Salaries and expenses</header><text display-inline="no-display-inline">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.</text>
</appropriations-small><appropriations-intermediate commented="no" id="HC17422D99D004080A3B21764EE139013"><header display-inline="yes-display-inline">Congressional-Executive Commission on the
People's Republic of China</header>
</appropriations-intermediate><appropriations-small commented="no" id="HDF33592D9B064C54844E256A924D28CC"><header display-inline="yes-display-inline">Salaries and expenses</header><text display-inline="no-display-inline">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.</text>
</appropriations-small><appropriations-intermediate id="H0A0DFA4E7EB94EC8858F0799AD64840E"><header>united states-China economic and
security review commission</header>
</appropriations-intermediate><appropriations-small commented="no" id="HBFFA9442785B4AEEA0B5725538A028A0"><header>salaries and
expenses</header><text display-inline="no-display-inline">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:
<proviso><italic>Provided</italic></proviso>, 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.
<pagebreak></pagebreak></text>
</appropriations-small><enum>II</enum><header display-inline="no-display-inline">United States Agency for International
Development</header>
<appropriations-intermediate commented="no" id="HF0E51951314F4AD2B72E525446BE95B4"><header display-inline="yes-display-inline">Funds appropriated to the
president</header>
</appropriations-intermediate><appropriations-small commented="no" id="H644E23DDE4864AB18F12B6AFBBD790CA"><header display-inline="yes-display-inline">Operating
expenses</header>
</appropriations-small><appropriations-small commented="no" id="H3ACE218FBC5B4D5A8B409675EC2CE75A"><header display-inline="yes-display-inline">(including transfer of funds)</header><text display-inline="no-display-inline">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:
<proviso><italic>Provided</italic></proviso>, That none of the funds
appropriated under this heading and under the heading <quote>Capital Investment
Fund</quote> 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:
<proviso><italic>Provided further</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, 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 <quote>Operating Expenses</quote> in
accordance with the provisions of those sections:
<proviso><italic> Provided further,</italic></proviso> 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
explanatory statement described in section 4 (in the matter preceding division
A of this consolidated Act) for funds appropriated under this heading, shall be
subject to the regular notification procedures of the Committees on
Appropriations:
<proviso><italic>Provided further</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, That no such
entertainment funds may be used for the purposes listed in section 7020 of this
Act:
<proviso><italic>Provided further</italic></proviso>, 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.</text>
</appropriations-small><appropriations-small commented="no" id="id164E9A15CCB74EFB836B2C7F3DED479E"><header display-inline="yes-display-inline">Capital investment fund</header><text display-inline="no-display-inline">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:
<proviso><italic>Provided</italic></proviso>, That this amount is in
addition to funds otherwise available for such purposes:
<proviso><italic>Provided further</italic></proviso>, That funds
appropriated under this heading shall be available for obligation only pursuant
to the regular notification procedures of the Committees on
Appropriations.</text>
</appropriations-small><appropriations-small commented="no" id="H711DE277E3834D1083F1D30DBDE8F748"><header display-inline="yes-display-inline">Office of inspector general</header><text display-inline="no-display-inline">For necessary expenses to carry out the
provisions of section 667 of the <act-name parsable-cite="FAA61">Foreign
Assistance Act of 1961</act-name>, $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.<pagebreak></pagebreak></text>
</appropriations-small><enum>III</enum><header display-inline="no-display-inline">Bilateral economic assistance</header>
<appropriations-intermediate commented="no" id="HD8BCDA8AE22643B2BB8AA0A5A0D0F540"><header>funds appropriated to the
president</header><text display-inline="no-display-inline">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:</text>
</appropriations-intermediate><appropriations-small commented="no" id="H6B5DE14F215E41E3B913B6F388935490"><header display-inline="yes-display-inline">Global health
programs</header>
</appropriations-small><appropriations-small commented="no" id="HD8BBE475632B4B09A81483C9CD1F9EE3"><header display-inline="yes-display-inline">(including transfer of funds)</header><text display-inline="no-display-inline">For necessary expenses to carry out the
provisions of chapters 1 and 10 of part I of the
<act-name parsable-cite="FAA61">Foreign Assistance Act of 1961</act-name>, 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):
<proviso><italic>Provided</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, That funds
appropriated under this paragraph may be made available for a United States
contribution to the GAVI Alliance:
<proviso><italic> Provided further,</italic></proviso> 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:
<proviso><italic>Provided further</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, That none of the
funds made available under this Act may be used to lobby for or against
abortion:
<proviso><italic>Provided further</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, 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
<quote>motivate</quote>, 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:
<proviso><italic>Provided further</italic></proviso>, 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.</text>
</appropriations-small><appropriations-small commented="no" id="id807E47C5CF1C45D6A66E54DA4AE77762"><text display-inline="no-display-inline">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:
<proviso><italic>Provided</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, That the amount
of such contribution should be $1,050,000,000:
<proviso><italic>Provided further</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, 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.</text>
</appropriations-small><appropriations-small commented="no" id="H8BD2669AD05E4D6388D67E7CEE411517"><header display-inline="yes-display-inline">Development assistance</header><text display-inline="no-display-inline">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 <act-name parsable-cite="FAA61">Foreign Assistance
Act of 1961</act-name>, $2,519,950,000, to remain available until September 30,
2013:
<proviso><italic>Provided</italic>,</proviso> 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:
<proviso><italic>Provided further</italic></proviso>, 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.</text>
</appropriations-small><appropriations-small commented="no" id="H097643547FA3480598A56DC8163E36B4"><header display-inline="yes-display-inline">International disaster
assistance</header><text display-inline="no-display-inline">For necessary
expenses to carry out the provisions of section 491 of the
<act-name parsable-cite="FAA61">Foreign Assistance Act of 1961</act-name> for
international disaster relief, rehabilitation, and reconstruction assistance,
$825,000,000, to remain available until expended.</text>
</appropriations-small><appropriations-small commented="no" id="HE1C3370289F44553AFC355F9B4B7B37F"><header display-inline="yes-display-inline">Transition initiatives</header><text display-inline="no-display-inline">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:
<proviso><italic>Provided</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, That funds made
available pursuant to the previous proviso shall be made available subject to
prior consultation with the Committees on
Appropriations.</text>
</appropriations-small><appropriations-small commented="no" id="H4C950E3D0F964FA793DF0AB21DB9B4D1"><header display-inline="yes-display-inline">complex crises fund</header><text display-inline="no-display-inline">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:
<proviso><italic>Provided</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, 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.</text>
</appropriations-small><appropriations-small commented="no" id="HD20696FCABA94E2595A2F51E91F8E296"><header display-inline="yes-display-inline">development credit
authority</header>
</appropriations-small><appropriations-small commented="no" id="H7C0022EE093E438A8DC22A02A4FF37BE"><header display-inline="yes-display-inline">(including transfer of funds)</header><text display-inline="no-display-inline">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 <quote>Assistance for
Europe, Eurasia and Central Asia</quote>:
<proviso><italic>Provided</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, That these funds
are available to subsidize total loan principal, any portion of which is to be
guaranteed, of up to $750,000,000.</text>
</appropriations-small><appropriations-small commented="no" id="id6C8B95298C1B411186942B8E20D4B054"><text display-inline="no-display-inline">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 <quote>Operating Expenses</quote>
in title II of this Act:
<proviso><italic>Provided</italic></proviso>, That funds made available
under this heading shall remain available until September 30,
2014.</text>
</appropriations-small><appropriations-small commented="no" id="HD3AF848E1E8B460580DAD63E934A18FB"><header display-inline="yes-display-inline">economic support
fund</header>
</appropriations-small><appropriations-small commented="no" id="HA45D2BF235FB4A27932194D89B5187D0"><header display-inline="yes-display-inline">(including transfer of funds)</header><text display-inline="no-display-inline">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:
<proviso><italic>Provided</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, That of the funds
appropriated under this heading, not less than $360,000,000 shall be available
for assistance for Jordan:
<proviso><italic> Provided further,</italic></proviso> 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:
<proviso><italic> Provided further,</italic></proviso> That amounts
that are made available under the previous proviso for the cost of guarantees
shall not be considered <quote>assistance</quote> for the purposes of
provisions of law limiting assistance to a country:
<proviso><italic>Provided further</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, 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 <quote>Migration and Refugee Assistance</quote>
and shall be made available only for assistance to nongovernmental and
international organizations that provide assistance to Colombian refugees in
neighboring countries:
<proviso><italic>Provided further</italic>,</proviso> 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 <quote>Multilateral
Assistance, Funds Appropriated to the President, International Financial
Institutions</quote> for additional payments to such institutions, facilities,
and funds enumerated under such headings:
<proviso><italic>Provided further</italic>,</proviso> That prior to
exercising the transfer authority under the previous proviso the Secretary of
State shall consult with the Committees on
Appropriations.</text>
</appropriations-small><appropriations-small commented="no" id="H6365C6493F8844509BA6BBC92B9A1DA5"><header display-inline="yes-display-inline">Democracy
fund</header>
<subsection commented="no" display-inline="no-display-inline" id="H97A9B3ECC42C4C6D950B0B924378E4F8"><enum></enum><text display-inline="yes-display-inline">For necessary expenses to carry out the
provisions of the <act-name parsable-cite="FAA61">Foreign Assistance Act of
1961</act-name> 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.</text>
</subsection></appropriations-small><appropriations-small commented="no" id="H7534269AFC5C481B9373EAF965C4CC8A"><header display-inline="yes-display-inline">Assistance for Europe, Eurasia and central
Asia</header><text display-inline="no-display-inline">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:
<proviso><italic>Provided</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, 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.</text>
</appropriations-small><appropriations-intermediate commented="no" id="HE78A9FE7650744628FA0EF9550D12127"><header display-inline="yes-display-inline">department of
state</header>
</appropriations-intermediate><appropriations-small commented="no" id="HF22D392BCB27433598B448691C85BEBD"><header display-inline="yes-display-inline">Migration and refugee
assistance</header><text display-inline="no-display-inline">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.</text>
</appropriations-small><appropriations-small id="H3A398F15227648888685CE6A3B24E29F"><header>united
states emergency refugee and migration assistance fund</header><text display-inline="no-display-inline">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.</text>
</appropriations-small><appropriations-intermediate commented="no" id="H7A4E4BF5EACE409B8900CC3208E10232"><header display-inline="yes-display-inline">independent
agencies</header>
</appropriations-intermediate><appropriations-small commented="no" id="HA629C6AA62C449D5BE2838B369534832"><header display-inline="yes-display-inline">Peace corps</header>
</appropriations-small><appropriations-small commented="no" id="H486575FA86514C049F70F6B832D367B2"><header display-inline="yes-display-inline">(including transfer of funds)</header><text display-inline="no-display-inline">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:
<proviso><italic>Provided</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, That funds
transferred pursuant to the previous proviso may not be derived from amounts
made available for Peace Corps overseas operations:
<proviso><italic>Provided further</italic></proviso>, That of the funds
appropriated under this heading, not to exceed $4,000 may be made available for
entertainment expenses:
<proviso><italic>Provided further</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, That none of the
funds appropriated under this heading shall be used to pay for
abortions.</text>
</appropriations-small><appropriations-small commented="no" id="HE631D88D348B48DEB9F3C6D5980415C0"><header display-inline="yes-display-inline">Millennium challenge
corporation</header>
</appropriations-small><appropriations-small commented="no" id="HD8D3B305E5CD4696A8AE2B413C06BEC3"><text display-inline="no-display-inline">For necessary expenses to carry out the
provisions of the Millennium Challenge Act of 2003, $898,200,000 to remain
available until expended:
<proviso><italic>Provided</italic></proviso>, 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):
<proviso><italic>Provided further</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, That section
605(e) of the Millennium Challenge Act of 2003 shall apply to funds
appropriated under this heading:
<proviso><italic>Provided further</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, 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:
<proviso><italic>Provided further</italic>,</proviso> 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:
<proviso><italic>Provided further</italic>,</proviso> 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:
<proviso><italic>Provided further</italic>,</proviso> 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:
<proviso><italic>Provided further</italic></proviso>, 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.</text>
</appropriations-small><appropriations-small commented="no" id="HE1A916622835413DAD10BBE59CE0A83F"><header display-inline="yes-display-inline">Inter-american foundation</header><text display-inline="no-display-inline">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:
<proviso><italic>Provided</italic></proviso>, That of the funds
appropriated under this heading, not to exceed $2,000 may be available for
entertainment and representation allowances.</text>
</appropriations-small><appropriations-small commented="no" id="H6148534A263F428D9CD3BA080D5ACCC1"><header display-inline="yes-display-inline">African development
foundation</header><text display-inline="no-display-inline">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:
<proviso><italic>Provided,</italic></proviso> That funds made available
to grantees may be invested pending expenditure for project purposes when
authorized by the Board of Directors of the Foundation:
<proviso><italic>Provided further,</italic></proviso> That interest
earned shall be used only for the purposes for which the grant was made:
<proviso><italic>Provided further,</italic></proviso> 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:
<proviso><italic>Provided further,</italic></proviso> That the
Foundation shall provide a report to the Committees on Appropriations after
each time such waiver authority is exercised.</text>
</appropriations-small><appropriations-intermediate id="HC6344BD7DA304F75ACE3BC9C6A9112FD"><header>department of the
treasury</header>
</appropriations-intermediate><appropriations-small commented="no" id="HB682D11879D9484A8F23A952A61F1617"><header>international affairs technical
assistance</header><text display-inline="no-display-inline">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.</text>
</appropriations-small><appropriations-small commented="no" id="idE3E24D51D36B4A198BA967D4184676E6"><header display-inline="yes-display-inline">Debt restructuring</header><text display-inline="no-display-inline">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.</text><pagebreak></pagebreak>
</appropriations-small><enum>IV</enum><header display-inline="no-display-inline">International security assistance</header>
<appropriations-intermediate commented="no" id="H31BD581777C54949983F50F3FB1A00E5"><header display-inline="yes-display-inline">Department of
State</header>
</appropriations-intermediate><appropriations-small commented="no" id="id7238D3A1DD284F78A4C361FBCB4F7593"><header display-inline="yes-display-inline">International narcotics control and law
enforcement</header>
</appropriations-small><appropriations-small commented="no" id="HF7CB2714BAE64FD39AB3C754CCF34C21"><text display-inline="no-display-inline">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:
<proviso><italic>Provided</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, That section
482(b) of the Foreign Assistance Act of 1961 shall not apply to funds
appropriated under this heading:
<proviso><italic>Provided further</italic>,</proviso> 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:
<proviso><italic>Provided further</italic></proviso>, 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:
<proviso><italic>Provided further,</italic></proviso> 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):
<proviso><italic> Provided further,</italic></proviso> 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:
<proviso><italic> Provided further,</italic></proviso> 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.</text>
</appropriations-small><appropriations-small commented="no" id="HBCC3E0EF26214591A35137B4D09ABE0A"><header display-inline="yes-display-inline">Nonproliferation, anti-terrorism, demining
and related programs</header><text display-inline="no-display-inline">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:
<proviso><italic>Provided</italic></proviso>, That the clearance of
unexploded ordnance should prioritize areas where such ordnance was caused by
the United States:
<proviso><italic> Provided further,</italic></proviso> 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:
<proviso><italic>Provided further</italic></proviso>, 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:
<proviso><italic> Provided further,</italic></proviso> 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:
<proviso><italic>Provided further</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, That funds
appropriated under this heading that are available for <quote>Anti-terrorism
Assistance</quote> and <quote>Export Control and Border Security</quote> shall
remain available until September 30, 2013.</text>
</appropriations-small><appropriations-small commented="no" id="HC214C245C8644B4AA93DB5664467C0B0"><header display-inline="yes-display-inline">Peacekeeping operations</header><text display-inline="no-display-inline">For necessary expenses to carry out the
provisions of section 551 of the Foreign Assistance Act of 1961, $302,818,000:
<proviso><italic>Provided</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, 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:
<proviso><italic>Provided further</italic>,</proviso> That funds
appropriated under this Act should not be used to support any military training
or operations that include child soldiers:
<proviso><italic>Provided further</italic></proviso>, 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.</text>
</appropriations-small><appropriations-intermediate id="H4A4E485DEA5F4AAFBA15352F26AEC968"><header>funds appropriated to the
president</header>
</appropriations-intermediate><appropriations-small commented="no" id="H548E8A323C34447CB4B7FE6C1DE08FDF"><header>international military education
and training</header><text display-inline="no-display-inline">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:
<proviso><italic>Provided</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, That of the funds
appropriated under this heading, not to exceed $55,000 may be available for
entertainment allowances.</text>
</appropriations-small><appropriations-small commented="no" id="id9A18BEF959AC40A5A6223A9A231ADA12"><header display-inline="yes-display-inline">Foreign military financing
program</header>
</appropriations-small><appropriations-small commented="no" id="H575FEC3B1AF84270BD8250F67852C1AA"><text display-inline="no-display-inline">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:
<proviso><italic>Provided</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, That the funds
appropriated under this heading for assistance for Israel shall be disbursed
within 30 days of enactment of this Act:
<proviso><italic>Provided further</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, That of the funds
appropriated under this heading, $300,000,000 shall be made available for
assistance for Jordan:
<proviso><italic>Provided further</italic>,</proviso> 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:
<proviso><italic>Provided further</italic>,</proviso> 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:
<proviso><italic>Provided further</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, 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).</text>
</appropriations-small><appropriations-small commented="no" id="idF34472E3F20F4C0F8455CDCEDD544606"><text display-inline="no-display-inline">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:
<proviso><italic>Provided</italic></proviso>, That all country and
funding level increases in allocations shall be submitted through the regular
notification procedures of section 7015 of this Act:
<proviso><italic> Provided further,</italic></proviso> 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:
<proviso><italic>Provided further</italic></proviso>, That only those
countries for which assistance was justified for the <quote>Foreign Military
Sales Financing Program</quote> 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:
<proviso><italic>Provided further</italic></proviso>, That funds
appropriated under this heading shall be expended at the minimum rate necessary
to make timely payment for defense articles and services:
<proviso><italic>Provided further</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, 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.
<pagebreak></pagebreak></text>
</appropriations-small><enum>V</enum><header display-inline="no-display-inline">Multilateral assistance</header>
<appropriations-intermediate id="HD650444FFA54487A9DD1FD9D25689DFE"><header>funds appropriated to the
president</header>
</appropriations-intermediate><appropriations-small commented="no" id="H473D9B3B38704C5DA3209AC4ED34A09C"><header>international organizations and
programs</header><text display-inline="no-display-inline">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:
<proviso><italic>Provided</italic></proviso>, That section 307(a) of
the Foreign Assistance Act of 1961 shall not apply to contributions to the
United Nations Democracy Fund.</text>
</appropriations-small><appropriations-small commented="no" id="HC292D194065B473FB27D358DD34F8C4F"><header display-inline="yes-display-inline">International financial
institutions</header>
</appropriations-small><appropriations-small commented="no" id="HBBD43620A64B4403992BBE55C58317C3"><header display-inline="yes-display-inline">Global environment facility</header><text display-inline="no-display-inline">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.</text>
</appropriations-small><appropriations-small commented="no" id="HBCEEE62C5DEC41ECB27492395CCAF8D6"><header display-inline="yes-display-inline">Contribution to the international
development association</header><text display-inline="no-display-inline">For
payment to the International Development Association by the Secretary of the
Treasury, $1,325,000,000, to remain available until
expended.</text>
</appropriations-small><appropriations-small commented="no" id="idA71C437278194451BE250B93CA35F4DB"><text display-inline="no-display-inline">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.</text>
</appropriations-small><appropriations-small commented="no" id="id08CA607F292B4099B3B3B08B464F28E8"><header display-inline="yes-display-inline">CONTRIBUTION TO THE INTERNATIONAL BANK FOR
RECONSTRUCTION AND DEVELOPMENT</header><text display-inline="no-display-inline">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.</text>
</appropriations-small><appropriations-small commented="no" id="id252D05959A484B6DBD52D5E60F12E30C"><header display-inline="yes-display-inline">LIMITATION ON CALLABLE CAPITAL
SUBSCRIPTIONs</header><text display-inline="no-display-inline">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.</text>
</appropriations-small><appropriations-small commented="no" id="H71923A8743C44CAC9BA6F2196AC6AB6A"><header display-inline="yes-display-inline">Contribution to the clean technology
fund</header><text display-inline="no-display-inline">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.</text>
</appropriations-small><appropriations-small commented="no" id="HDB1FF6846F87461781BFA13B1671D269"><header display-inline="yes-display-inline">Contribution to the strategic climate
fund</header><text display-inline="no-display-inline">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.</text>
</appropriations-small><appropriations-small commented="no" id="id4AD42CD15FBE4213AFD924D5F80FE0B9"><header display-inline="yes-display-inline">Global agriculture and food security
program</header><text display-inline="no-display-inline">For payment to the
Global Agriculture and Food Security Program by the Secretary of the Treasury,
$135,000,000, to remain available until expended.</text>
</appropriations-small><appropriations-small commented="no" id="H074FDF148BF84476869230B6175A4E3C"><header display-inline="yes-display-inline">Contribution to the inter-american
development bank</header><text display-inline="no-display-inline">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.</text>
</appropriations-small><appropriations-small commented="no" id="id294E92A6A83E4AAEA653381CD549CFDB"><text display-inline="no-display-inline">For payment to the Inter-American Investment
Corporation by the Secretary of the Treasury, $4,670,000, to remain available
until expended.</text>
</appropriations-small><appropriations-small commented="no" id="id5AFD4F4F3C1F4BAD9826191EC1DC9E39"><header display-inline="yes-display-inline">LIMITATION ON CALLABLE CAPITAL
SUBSCRIPTIONS</header><text display-inline="no-display-inline">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.</text>
</appropriations-small><appropriations-small commented="no" id="H0B4E97554A3A480AB8DDFE0CC74F5DF5"><header display-inline="yes-display-inline">contribution to the enterprise for the
americas multilateral investment fund</header><text display-inline="no-display-inline">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.</text>
</appropriations-small><appropriations-small commented="no" id="id8475A38108E040B3A71AB83E8867A804"><header display-inline="yes-display-inline">Contribution to the asian development
bank</header><text display-inline="no-display-inline">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.</text>
</appropriations-small><appropriations-small commented="no" id="id6A5F2D92A7894F3FABCDFB0CC44DB58E"><header display-inline="yes-display-inline">Limitation on callable capital
subscriptions</header><text display-inline="no-display-inline">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.</text>
</appropriations-small><appropriations-small commented="no" id="HF9EAAD2BD9F945E28420707DEE41633B"><header display-inline="yes-display-inline">Contribution to the asian development
fund</header><text display-inline="no-display-inline">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.</text>
</appropriations-small><appropriations-small commented="no" id="id21BA93F3FF274E559146745CE89BAD8C"><header display-inline="yes-display-inline">CONTRIBUTION TO THE AFRICAN DEVELOPMENT
BANK</header><text display-inline="no-display-inline">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.</text>
</appropriations-small><appropriations-small commented="no" id="id9A302C61384C44D6A6DB3CBED66A7A28"><header display-inline="yes-display-inline">LIMITATION ON CALLABLE CAPITAL
SUBSCRIPTIONS</header><text display-inline="no-display-inline">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.</text>
</appropriations-small><appropriations-small commented="no" id="H271CC869604E418D98C471C158DD3D61"><header display-inline="yes-display-inline">Contribution to the african development
fund</header><text display-inline="no-display-inline">For payment to the
African Development Fund by the Secretary of the Treasury, $172,500,000, to
remain available until expended.</text>
</appropriations-small><appropriations-small commented="no" id="idA6CE6F09E7554B96A0C2426132AA5D23"><text display-inline="no-display-inline">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.</text>
</appropriations-small><appropriations-small commented="no" id="id7F2CDBABEBB34CAD8CB7B293B0E413E9"><header display-inline="yes-display-inline">EUROPEAN BANK FOR RECONSTRUCTION AND
DEVELOPMENT</header>
</appropriations-small><appropriations-small commented="no" id="id61063E9B6BBE4E169A96AD0B7C785ECE"><header display-inline="yes-display-inline">LIMITATION ON CALLABLE CAPITAL
SUBSCRIPTIONS</header><text display-inline="no-display-inline">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.</text>
</appropriations-small><appropriations-small commented="no" id="HE3D4AB72D2A64CC5A38CA802EC0ACD08"><header display-inline="yes-display-inline">Contribution to the international fund for
agricultural development</header><text display-inline="no-display-inline">For
payment to the International Fund for Agricultural Development by the Secretary
of the Treasury, $30,000,000, to remain available until
expended.<pagebreak></pagebreak></text>
</appropriations-small><enum>VI</enum><header display-inline="no-display-inline">Export and investment assistance</header>
<appropriations-intermediate commented="no" id="H71EEB0B3584644BAA6D64F4D29719537"><header display-inline="yes-display-inline">Export-import bank of the united
states</header>
</appropriations-intermediate><appropriations-small commented="no" id="H669EB5D0927941B9B245D5D44E774DA6"><header display-inline="yes-display-inline">Inspector general</header><text display-inline="no-display-inline">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.</text>
</appropriations-small><appropriations-small commented="no" id="H4D3941376DFA4AE585891FE5B6C626A1"><header display-inline="yes-display-inline">Program account</header><text display-inline="no-display-inline">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:
<proviso><italic>Provided,</italic></proviso> 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:
<proviso><italic> Provided further,</italic></proviso> 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:
<proviso><italic> Provided further,</italic></proviso> 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:
<proviso><italic>Provided further</italic>,</proviso> 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.</text>
</appropriations-small><appropriations-small commented="no" id="H3C5B1F4448B94CCD88AA41047DEA6B63"><header display-inline="yes-display-inline">Subsidy appropriation</header><text display-inline="no-display-inline">For the cost of direct loans, loan
guarantees, insurance, and tied-aid grants as authorized by section 10 of the
<act-name parsable-cite="EIBA45">Export-Import Bank Act of 1945</act-name>, as
amended, not to exceed $58,000,000:
<proviso><italic>Provided</italic></proviso>, That such costs,
including the cost of modifying such loans, shall be as defined in section 502
of the Congressional Budget Act of 1974:
<proviso><italic>Provided further</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, 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.</text>
</appropriations-small><appropriations-small id="HAE621923B94C48E389E2FDA40DA12CD7"><header>administrative
expenses</header><text display-inline="no-display-inline">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:
<proviso><italic>Provided</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, That, in addition
to other funds appropriated for administrative expenses, such fees shall be
credited to this account, to remain available until
expended.</text>
</appropriations-small><appropriations-small commented="no" id="H5828B4B21BEE4388B23C046B977E5A91"><header display-inline="yes-display-inline">Receipts collected</header><text display-inline="no-display-inline">Receipts collected pursuant to the
<act-name parsable-cite="EIBA45">Export-Import Bank Act of 1945</act-name>, as
amended, and the <act-name parsable-cite="FCRA90">Federal Credit Reform Act of
1990</act-name>, as amended, in an amount not to exceed the amount appropriated
herein, shall be credited as offsetting collections to this account:
<proviso><italic>Provided</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, 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.</text>
</appropriations-small><appropriations-intermediate commented="no" id="HD32DF776B7A34A5CB9AE3FC0A6156EC6"><header display-inline="yes-display-inline">Overseas private investment
corporation</header>
</appropriations-intermediate><appropriations-small commented="no" id="H5455DA4060BC4753AC873F249B9ABE89"><header display-inline="yes-display-inline">Noncredit account</header><text display-inline="no-display-inline">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:
<proviso><italic>Provided,</italic></proviso> 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:
<proviso><italic>Provided further,</italic></proviso> 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 <act-name parsable-cite="FAA61">Foreign Assistance Act of
1961</act-name>, shall not be considered administrative expenses for the
purposes of this heading.</text>
</appropriations-small><appropriations-small commented="no" id="H03F2BA8466C5454DBD21EFE342C7A424"><header display-inline="yes-display-inline">Program account</header><text display-inline="no-display-inline">For the cost of direct and guaranteed loans,
$25,000,000, as authorized by section 234 of the
<act-name parsable-cite="FAA61">Foreign Assistance Act of 1961</act-name>, to
be derived by transfer from the Overseas Private Investment Corporation
Noncredit Account:
<proviso><italic>Provided,</italic></proviso> That such costs,
including the cost of modifying such loans, shall be as defined in section 502
of the Congressional Budget Act of 1974:
<proviso><italic>Provided further,</italic></proviso> That such sums
shall be available for direct loan obligations and loan guaranty commitments
incurred or made during fiscal years 2012, 2013, and 2014:
<proviso><italic>Provided further,</italic></proviso> 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:
<proviso><italic>Provided further,</italic></proviso> 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 <act-name parsable-cite="FAA61">Foreign Assistance
Act of 1961</act-name> in Iraq:
<proviso><italic>Provided further,</italic></proviso> 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.</text>
</appropriations-small><appropriations-small commented="no" id="id89E325B0BD7B44DC92DD5A1CBC9FF3C9"><text display-inline="no-display-inline">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.</text>
</appropriations-small><appropriations-small commented="no" id="H16A30C0662D042CAB7076C50CD35D5DB"><header display-inline="yes-display-inline">Trade and development agency</header><text display-inline="no-display-inline">For necessary expenses to carry out the
provisions of section 661 of the <act-name parsable-cite="FAA61">Foreign
Assistance Act of 1961</act-name>, $50,000,000, to remain available until
September 30, 2013:
<proviso><italic>Provided</italic></proviso>, That of the funds
appropriated under this heading, not more than $4,000 may be available for
representation and entertainment
allowances.</text><pagebreak></pagebreak>
</appropriations-small><enum>VII</enum><header display-inline="no-display-inline">General provisions</header>
<appropriations-small commented="no" id="H3C8ACDAA38D7414D8F53CA9885245E12"><header display-inline="yes-display-inline">allowances and
differentials</header>
</appropriations-small><section commented="no" display-inline="no-display-inline" id="HBFE41D99ACC64548B40033216503406F" section-type="subsequent-section"><enum>7001.</enum><text display-inline="yes-display-inline">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).</text>
<appropriations-small commented="no" id="H236B28AEDE4D429999EFDFB2604F9EB7"><header display-inline="yes-display-inline">Unobligated balances
report</header>
</appropriations-small></section><section commented="no" display-inline="no-display-inline" id="H1002F1EC95BF4004AFC00F70EB899B37" section-type="subsequent-section"><enum>7002.</enum><text display-inline="yes-display-inline">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:
<proviso><italic>Provided</italic></proviso>, 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.</text>
<appropriations-small commented="no" id="H00FCD357B3084F50A8639C307ABF55D6"><header display-inline="yes-display-inline">Consulting
services</header>
</appropriations-small></section><section commented="no" display-inline="no-display-inline" id="HA0CC7BC0D33F4B129A9F89B126946BB3" section-type="subsequent-section"><enum>7003.</enum><text display-inline="yes-display-inline">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.</text>
<appropriations-small commented="no" id="H18C7D39573484A80A7D28B3BACC28D17"><header display-inline="yes-display-inline">Embassy
construction</header>
</appropriations-small></section><section commented="no" display-inline="no-display-inline" id="H9EE2FA97014C41EB861B6DC3D4E0AF6D" section-type="subsequent-section"><enum>7004.</enum><subsection commented="no" display-inline="yes-display-inline" id="H3188185CBB684CC7A6A2A1DCDC5B7BA8"><enum>(a)</enum><text display-inline="yes-display-inline">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.</text>
</subsection><subsection commented="no" display-inline="no-display-inline" id="H5F1C74BEB7134DA59F72C5789D5AD03F"><enum>(b)</enum><text display-inline="yes-display-inline">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.</text>
</subsection><subsection commented="no" display-inline="no-display-inline" id="id32DD98569EFF44F9BA9C72AD4D2470FB"><enum>(c)</enum><text display-inline="yes-display-inline">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.</text>
</subsection><subsection commented="no" display-inline="no-display-inline" id="H88BCF2E4BCAD490C9F85CF373FA98391"><enum>(d)</enum><text display-inline="yes-display-inline">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.</text>
</subsection><subsection commented="no" display-inline="no-display-inline" id="HF1D0391E005746738EB029E8BA3CE0CC"><enum>(e)</enum><text display-inline="yes-display-inline">Section 604(e)(1) of the Secure Embassy
Construction and Counterterrorism Act of 1999 (22 U.S.C. 4865 note) is amended
by striking <quote>providing new,</quote> and inserting in its place
<quote>providing, maintaining, repairing, and renovating</quote>.</text>
</subsection><subsection commented="no" id="id13FDA9BE75254753990AC00465B2E983"><enum>(f)</enum><paragraph commented="no" display-inline="yes-display-inline" id="id54155A25B6CD44D0AE6AF410214C0F15"><enum>(1)</enum><text>None of the funds
appropriated under the heading <quote>Embassy Security, Construction, and
Maintenance</quote> 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.</text>
</paragraph><paragraph commented="no" id="idE7E55F44DDC54764B0634F80E8E2AC35" indent="up1"><enum>(2)</enum><text>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:
<proviso><italic>Provided</italic></proviso>, 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.</text>
</paragraph></subsection></section><appropriations-small commented="no" id="HCD8634869E5C4795AC760A0286E0A525"><header display-inline="yes-display-inline">Personnel
actions</header>
</appropriations-small><section commented="no" display-inline="no-display-inline" id="H32725BA94AB0471E8E95194291C7718C" section-type="subsequent-section"><enum>7005.</enum><text display-inline="yes-display-inline">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:
<proviso><italic>Provided,</italic></proviso> 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:
<proviso><italic>Provided further,</italic></proviso> 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.</text>
<appropriations-small commented="no" id="H7F69314384A04F4D838C421EC241F13C"><header display-inline="yes-display-inline">LOCAL GUARD
CONTRACTS</header>
</appropriations-small></section><section commented="no" display-inline="no-display-inline" id="H88D3D455E4A84A5C9D1066BCB316B3A0" section-type="subsequent-section"><enum>7006.</enum><text display-inline="yes-display-inline">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:
<proviso><italic>Provided</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, 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.</text>
<appropriations-small commented="no" id="HE61A64DE465141CD846D4D18932B0B2B"><header display-inline="yes-display-inline">Prohibition against direct funding for
certain countries</header>
</appropriations-small></section><section commented="no" display-inline="no-display-inline" id="H151B657463664D1CA3A39A3DDEAD4856" section-type="subsequent-section"><enum>7007.</enum><text display-inline="yes-display-inline">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:
<proviso><italic>Provided</italic></proviso>, 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.</text>
<appropriations-small commented="no" id="H5CB785740932448E96E46DA2AA0AEE08"><header display-inline="yes-display-inline">coups
d'état</header>
</appropriations-small></section><section commented="no" display-inline="no-display-inline" id="H3C03C76C6CD04B1197712BB6153621CF" section-type="subsequent-section"><enum>7008.</enum><text display-inline="yes-display-inline">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'état or
decree or, after the date of enactment of this Act, a coup d'état or decree in
which the military plays a decisive role:
<proviso><italic>Provided</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, That the
provisions of this section shall not apply to assistance to promote democratic
elections or public participation in democratic processes:
<proviso><italic>Provided further</italic></proviso>, That funds made
available pursuant to the previous provisos shall be subject to the regular
notification procedures of the Committees on Appropriations.</text>
<appropriations-small commented="no" id="H831DE13707B14E9D9D0B9F64A6AC464B"><header display-inline="yes-display-inline">Transfer
authority</header>
</appropriations-small></section><section commented="no" display-inline="no-display-inline" id="HF8877B78A6D1429484E850EB045CD321" section-type="subsequent-section"><enum>7009.</enum><subsection commented="no" display-inline="yes-display-inline" id="HD5F7808F98E44C998D834FA294A90B65"><enum>(a)</enum><header display-inline="yes-display-inline">Department of state and broadcasting board
of governors</header>
<paragraph commented="no" display-inline="no-display-inline" id="id094E421263D144E9BE7A0793FA4ACF87"><enum>(1)</enum><text display-inline="yes-display-inline">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.</text>
</paragraph><paragraph commented="no" display-inline="no-display-inline" id="id1B113AD3941348F582C62FC5C5C3DDE3"><enum>(2)</enum><text display-inline="yes-display-inline">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.</text>
</paragraph><paragraph commented="no" display-inline="no-display-inline" id="idBEB42D8997E8480FAF0D25F5482E770D"><enum>(3)</enum><text display-inline="yes-display-inline">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.</text>
</paragraph></subsection><subsection commented="no" display-inline="no-display-inline" id="H3755B9BF59B64358B5C9118A72CB9C2A"><enum>(b)</enum><header display-inline="yes-display-inline">Export financing transfer
authorities</header><text display-inline="yes-display-inline">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:
<proviso><italic>Provided,</italic></proviso> That the exercise of
such authority shall be subject to the regular notification procedures of the
Committees on Appropriations.</text>
</subsection><subsection commented="no" display-inline="no-display-inline" id="H04279A981F984F1EA67618228F89D397"><enum>(c)</enum><header display-inline="yes-display-inline">Limitation on transfers between
agencies</header>
<paragraph commented="no" display-inline="no-display-inline" id="H0638CE253D554A54BE170E87DE4732F3"><enum>(1)</enum><text display-inline="yes-display-inline">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.</text>
</paragraph><paragraph commented="no" display-inline="no-display-inline" id="H9976BD23FED740578B25B4DB826027E5"><enum>(2)</enum><text display-inline="yes-display-inline">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 <act-name parsable-cite="FAA61">Foreign Assistance Act of 1961</act-name> may be
allocated or transferred to agencies of the United States Government pursuant
to the provisions of sections 109, 610, and 632 of the
<act-name parsable-cite="FAA61">Foreign Assistance Act of
1961</act-name>.</text>
</paragraph><paragraph commented="no" display-inline="no-display-inline" id="H8FD559E16C6B4588AF8847B9F18CC6CD"><enum>(3)</enum><text display-inline="yes-display-inline">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 <quote>Global Health Programs</quote>, <quote>Development
Assistance</quote>, and <quote>Economic Support Fund</quote> shall be subject
to the regular notification procedures of the Committees on Appropriations:
<proviso><italic>Provided</italic></proviso>, That the requirement in
the previous sentence shall not apply to agreements entered into between USAID
and the Department of State.</text>
</paragraph></subsection><subsection commented="no" display-inline="no-display-inline" id="HD6315ED7DDF8456385DD6D57A75FCE89"><enum>(d)</enum><header display-inline="yes-display-inline">Transfers between accounts</header><text display-inline="yes-display-inline">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.</text>
</subsection><subsection commented="no" display-inline="no-display-inline" id="H8998A9ADB9654E3E8DEFB47F98450140"><enum>(e)</enum><header display-inline="yes-display-inline">Audit of inter-agency
transfers</header><text display-inline="yes-display-inline">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
<act-name parsable-cite="FAA61">Foreign Assistance Act of 1961</act-name> 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:
<proviso><italic>Provided,</italic></proviso> That such audits shall
be transmitted to the Committees on Appropriations:
<proviso><italic>Provided further</italic></proviso>, That funds
transferred under such authority may be made available for the cost of such
audits.</text>
</subsection></section><appropriations-small commented="no" id="HCFA6E319EE2945CD850659B4B3ADFF9F"><header display-inline="yes-display-inline">reporting
requirement</header>
</appropriations-small><section commented="no" display-inline="no-display-inline" id="H27DE05D3DB354851827957E4AB0BAA87" section-type="subsequent-section"><enum>7010.</enum><text display-inline="yes-display-inline">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 <quote>Foreign Military Financing Program</quote>,
<quote>International Military Education and Training</quote>,
<quote>Peacekeeping Operations</quote>, and <quote>Pakistan Counterinsurgency
Capability Fund</quote>:
<proviso><italic>Provided</italic></proviso>, 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.</text>
<appropriations-small commented="no" id="H6715073B147A40B68086365F2ED6A537"><header display-inline="yes-display-inline">Availability of
funds</header>
</appropriations-small></section><section commented="no" display-inline="no-display-inline" id="H538D19EF2C0A403CA13F651B2DB553BF" section-type="subsequent-section"><enum>7011.</enum><text display-inline="yes-display-inline">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:
<proviso><italic>Provided,</italic></proviso> 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 <act-name parsable-cite="FAA61">Foreign Assistance
Act of 1961</act-name>, section 23 of the <act-name parsable-cite="AECA">Arms
Export Control Act</act-name>, and funds provided under the headings
<quote>Assistance for Europe, Eurasia and Central Asia</quote> and
<quote>Development Credit Authority</quote>, 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:
<proviso><italic>Provided further,</italic></proviso> 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
<act-name parsable-cite="FAA61">Foreign Assistance Act of 1961</act-name> 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:
<proviso><italic> Provided further,</italic></proviso> 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.</text>
<appropriations-small commented="no" id="H2E8796799DE945AD8A4ED0765A620674"><header display-inline="yes-display-inline">Limitation on assistance to countries in
default</header>
</appropriations-small></section><section commented="no" display-inline="no-display-inline" id="HA2F12253A2E34F6ABAC17056BC5EAB94" section-type="subsequent-section"><enum>7012.</enum><text display-inline="yes-display-inline">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.</text>
<appropriations-small id="HE57460C42A3B496FB310ECC45AA68897"><header>prohibition on taxation of
united states assistance</header>
</appropriations-small></section><section id="H93350F973B144802972C865959665AD2"><enum>7013.</enum><subsection commented="no" display-inline="yes-display-inline" id="H8A36716C372A43A4A8F7DD3C7029B939"><enum>(a)</enum><header>prohibition on
taxation</header><text display-inline="yes-display-inline">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.</text>
</subsection><subsection id="H5DE8F4B0A1794890B6A445E7952113EA"><enum>(b)</enum><header>reimbursement of
foreign taxes</header><text display-inline="yes-display-inline">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.</text>
</subsection><subsection id="H18FA616FD6314BC1BC68DFA708A531B8"><enum>(c)</enum><header>de minimis
exception</header><text display-inline="yes-display-inline">Foreign taxes of a
de minimis nature shall not be subject to the provisions of subsection
(b).</text>
</subsection><subsection id="H6F987206CA9346C4A64727A3A0040CF3"><enum>(d)</enum><header>reprogramming of
funds</header><text display-inline="yes-display-inline">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.</text>
</subsection><subsection id="H7AC88A077E03451FA1823AA1253A2B32"><enum>(e)</enum><header>determinations</header>
<paragraph id="HAA6BA963413E41889082248335496E92"><enum>(1)</enum><text>The provisions of
this section shall not apply to any country or entity the Secretary of State
determines—</text>
<subparagraph id="H9CC03BFDC2DD41B381ABE96720197F54"><enum>(A)</enum><text>does not assess
taxes on United States assistance or which has an effective arrangement that is
providing substantial reimbursement of such taxes; or</text>
</subparagraph><subparagraph id="H53174CA30D1D446B9EAED5E188A8C782"><enum>(B)</enum><text>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.</text>
</subparagraph></paragraph><paragraph id="HE8E83D621A2C4B9DAE4C62ACE8372AFE"><enum>(2)</enum><text>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.</text>
</paragraph></subsection><subsection id="H82E4ECAD5DF546519005945EE6DEC659"><enum>(f)</enum><header>implementation</header><text display-inline="yes-display-inline">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.</text>
</subsection><subsection id="H8E8932FC8CF54C97A67D29222879759B"><enum>(g)</enum><header>definitions</header><text>As
used in this section—</text>
<paragraph id="HCFDDD23B91214B34A25ECBBD220CC63A"><enum>(1)</enum><text>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</text>
</paragraph><paragraph id="H9277DE867FC947D386BE3A458F5198A0"><enum>(2)</enum><text>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.</text>
</paragraph></subsection><subsection commented="no" display-inline="no-display-inline" id="H7AB43D8BC2B343C59B6364C1155DA50A"><enum>(h)</enum><header>report</header><text>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).</text>
</subsection></section><appropriations-small commented="no" id="H39492A920E9C424CACCB92AC0C405CED"><header display-inline="yes-display-inline">Reservations of
funds</header>
</appropriations-small><section commented="no" display-inline="no-display-inline" id="H7DCDEC6D93EC4B79BE05657BDA4E2EE2" section-type="subsequent-section"><enum>7014.</enum><subsection commented="no" display-inline="yes-display-inline" id="H5A222EDDAD244E17A1EB08E2066F838C"><enum>(a)</enum><text display-inline="yes-display-inline">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:
<proviso><italic>Provided</italic></proviso>, That any such
reprogramming shall be subject to the regular notification procedures of the
Committees on Appropriations:
<proviso><italic>Provided further</italic></proviso>, That assistance
that is reprogrammed pursuant to this subsection shall be made available under
the same terms and conditions as originally provided.</text>
</subsection><subsection commented="no" display-inline="no-display-inline" id="H67CCFEC6A6B546389DB8E4F2C7006B7D"><enum>(b)</enum><text display-inline="yes-display-inline">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:
<proviso><italic>Provided</italic></proviso>, That such designated
funds that continue to be available for an additional fiscal year shall be
obligated only for the purpose of such designation.</text>
</subsection><subsection commented="no" display-inline="no-display-inline" id="H28BDEEA0DF1C433986C0092C80161E07"><enum>(c)</enum><text display-inline="yes-display-inline">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:
<proviso><italic>Provided</italic></proviso>, That specifically
designated funding levels or minimum funding requirements contained in any
other Act shall not be applicable to funds appropriated by this Act.</text>
</subsection></section><appropriations-small commented="no" id="H7F289AA1D7F94E588F66645EBE6B22AD"><header display-inline="yes-display-inline">Notification
requirements</header>
</appropriations-small><section commented="no" display-inline="no-display-inline" id="HBE94D9029744458991A147917AB9857F" section-type="subsequent-section"><enum>7015.</enum><subsection commented="no" display-inline="yes-display-inline" id="HF771E627F908477E980724FCD0BFE64C"><enum>(a)</enum><text display-inline="yes-display-inline">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:</text>
<paragraph commented="no" display-inline="no-display-inline" id="idEC4ACC629718462DA0280760141E0C18"><enum>(1)</enum><text display-inline="yes-display-inline">creates new programs;</text>
</paragraph><paragraph commented="no" display-inline="no-display-inline" id="idCCC824C9BE10420B9B8694EE50590FDE"><enum>(2)</enum><text display-inline="yes-display-inline">eliminates a program, project, or
activity;</text>
</paragraph><paragraph commented="no" display-inline="no-display-inline" id="id5CAB6B3CFE6041E6AEB7F9ECE591DD39"><enum>(3)</enum><text display-inline="yes-display-inline">increases funds or personnel by any means
for any project or activity for which funds have been denied or
restricted;</text>
</paragraph><paragraph commented="no" display-inline="no-display-inline" id="id728310E6CA074107ABF77916BEB16A11"><enum>(4)</enum><text display-inline="yes-display-inline">relocates an office or employees;</text>
</paragraph><paragraph commented="no" display-inline="no-display-inline" id="id80F7F683BE464A698268FDE3E25CC68E"><enum>(5)</enum><text display-inline="yes-display-inline">closes or opens a mission or post;</text>
</paragraph><paragraph commented="no" display-inline="no-display-inline" id="id73C8A2BB8B45431F9FB9EA6760ACE33C"><enum>(6)</enum><text display-inline="yes-display-inline">creates, reorganizes, or renames bureaus,
centers, or offices;</text>
</paragraph><paragraph commented="no" display-inline="no-display-inline" id="id9DDE5B04F6FD437DB1BFB9FA360C81A6"><enum>(7)</enum><text display-inline="yes-display-inline">reorganizes programs or activities;
or</text>
</paragraph><paragraph commented="no" display-inline="no-display-inline" id="id380F4FD188144C2284E18ABE8E05921A"><enum>(8)</enum><text display-inline="yes-display-inline">contracts out or privatizes any functions
or activities presently performed by Federal employees;</text>
</paragraph><continuation-text continuation-text-level="subsection">unless the
Committees on Appropriations are notified 15 days in advance of such
reprogramming of funds:
<proviso><italic>Provided</italic></proviso>, 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.</continuation-text></subsection><subsection commented="no" display-inline="no-display-inline" id="H5E320BB0F2EC49B78EA5F1C4DEF4DF83"><enum>(b)</enum><text display-inline="yes-display-inline">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:</text>
<paragraph commented="no" display-inline="no-display-inline" id="idFBEFC61197164B9FAD88F4506D13DB27"><enum>(1)</enum><text display-inline="yes-display-inline">augments existing programs, projects, or
activities;</text>
</paragraph><paragraph commented="no" display-inline="no-display-inline" id="id91C6F3A43F944B8C916527B5A6E2C68C"><enum>(2)</enum><text display-inline="yes-display-inline">reduces by 10 percent funding for any
existing program, project, or activity, or numbers of personnel by 10 percent
as approved by Congress; or</text>
</paragraph><paragraph commented="no" display-inline="no-display-inline" id="id1A1AD90C6B9E4D1189EB321D064BF55F"><enum>(3)</enum><text display-inline="yes-display-inline">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.</text>
</paragraph></subsection><subsection commented="no" display-inline="no-display-inline" id="HE4AF5ED6C7674CD0B70929FAD5F1A236"><enum>(c)</enum><text display-inline="yes-display-inline">None of the funds made available under
titles II through VI and VIII in this Act under the headings <quote>Global
Health Programs</quote>, <quote>Development Assistance</quote>,
<quote>International Organizations and Programs</quote>, <quote>Trade and
Development Agency</quote>, <quote>International Narcotics Control and Law
Enforcement</quote>, <quote>Assistance for Europe, Eurasia and Central
Asia</quote>, <quote>Economic Support Fund</quote>, <quote>Democracy
Fund</quote>, <quote>Peacekeeping Operations</quote>, <quote>Capital Investment
Fund</quote>, <quote>Operating Expenses</quote>, <quote>Conflict Stabilization
Operations</quote>, <quote>Office of Inspector General</quote>,
<quote>Nonproliferation, Anti-terrorism, Demining and Related Programs</quote>,
<quote>Millennium Challenge Corporation</quote>, <quote>Foreign Military
Financing Program</quote>, <quote>International Military Education and
Training</quote>, <quote>Pakistan Counterinsurgency Capability Fund</quote>,
and <quote>Peace Corps</quote>, 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:
<proviso><italic>Provided</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, 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.</text>
</subsection><subsection commented="no" display-inline="no-display-inline" id="H6BA43E1644DB4F52A26394E0FB707B83"><enum>(d)</enum><text display-inline="yes-display-inline">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.</text>
</subsection><subsection commented="no" display-inline="no-display-inline" id="H12E30807DD9F49CDAAFBEBC3D64D060F"><enum>(e)</enum><text display-inline="yes-display-inline">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:
<proviso><italic>Provided</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, That any
notification provided pursuant to such a waiver shall contain an explanation of
the emergency circumstances.</text>
</subsection><subsection commented="no" display-inline="no-display-inline" id="HADE53FEE18B44B79AF4B6FE76E867DD7"><enum>(f)</enum><text display-inline="yes-display-inline">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.</text>
</subsection></section><appropriations-small commented="no" id="H550D758F53E84EA585B3E452A3787488"><header display-inline="yes-display-inline">notification on excess defense
equipment</header>
</appropriations-small><section commented="no" display-inline="no-display-inline" id="H32B160947CAA46029F1AAE6BD92705F9" section-type="subsequent-section"><enum>7016.</enum><text display-inline="yes-display-inline">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:
<proviso><italic>Provided</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, That such
Committees shall also be informed of the original acquisition cost of such
defense articles.</text>
<appropriations-small commented="no" id="H920B3C009C3541B9B7A8AC7A42EEC07C"><header display-inline="yes-display-inline">Limitation on availability of funds for
international organizations and programs</header>
</appropriations-small></section><section commented="no" display-inline="no-display-inline" id="HF4D2981E771E4F5EBEDC896808AC616E" section-type="subsequent-section"><enum>7017.</enum><text display-inline="yes-display-inline">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 <act-name parsable-cite="FAA61">Foreign
Assistance Act of 1961 or section 7049(a) of this Act</act-name>, shall remain
available for obligation until September 30, 2013.</text>
<appropriations-small id="H4FAEEA4F2B844487AE3E1861DCE03ED0"><header>Prohibition on funding for
abortions and involuntary sterilization</header>
</appropriations-small></section><section commented="no" display-inline="no-display-inline" id="H8D7374C35C774B20B68BE3FBCBA32DB5" section-type="subsequent-section"><enum>7018.</enum><text display-inline="yes-display-inline">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.</text>
<appropriations-small commented="no" id="H673FBECC5C5B470CAAD2C3D44B314C7D"><header display-inline="yes-display-inline">Allocations</header>
</appropriations-small></section><section commented="no" display-inline="no-display-inline" id="H9AD5A22B9C2341AE875AF8590957AD18" section-type="subsequent-section"><enum>7019.</enum><subsection commented="no" display-inline="yes-display-inline" id="H5905A192191E4789A07CF1724A1F20B6"><enum>(a)</enum><text display-inline="yes-display-inline">Funds provided in this Act shall be made
available for programs and countries in the amounts contained in the respective
tables included in the explanatory statement described in section 4 (in the
matter preceding division A of this consolidated Act).</text>
</subsection><subsection commented="no" display-inline="no-display-inline" id="H0595C116BB78415EA6E1C94864FF591A"><enum>(b)</enum><text display-inline="yes-display-inline">For the purposes of implementing this
section and only with respect to the tables included in the explanatory
statement described in section 4 (in the matter preceding division A of this
consolidated 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.</text>
</subsection></section><appropriations-small commented="no" id="HDB50BF311DE540668B29562C4F2F86FE"><header display-inline="yes-display-inline">Prohibition of payment of certain
expenses</header>
</appropriations-small><section commented="no" display-inline="no-display-inline" id="H24752D91F01C4C9181C0CC72B0FCFC99" section-type="subsequent-section"><enum>7020.</enum><text display-inline="yes-display-inline">None of the funds appropriated or otherwise
made available by this Act under the headings <quote>International Military
Education and Training</quote> or <quote>Foreign Military Financing
Program</quote> for Informational Program activities or under the headings
<quote>Global Health Programs</quote>, <quote>Development Assistance</quote>,
and <quote>Economic Support Fund</quote> may be obligated or expended to pay
for—</text>
<paragraph commented="no" display-inline="no-display-inline" id="H5BF93835A6624E1B84186AC836A361E1"><enum>(1)</enum><text display-inline="yes-display-inline">alcoholic beverages; or</text>
</paragraph><paragraph commented="no" display-inline="no-display-inline" id="H33B7A7A4A7524BD6A6EB319306B0F907"><enum>(2)</enum><text display-inline="yes-display-inline">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.</text>
</paragraph></section><appropriations-small commented="no" id="H32B09287F4E34789890ECA51E5D2DFD6"><header display-inline="yes-display-inline">Prohibition on assistance to governments
supporting international terrorism</header>
</appropriations-small><section commented="no" display-inline="no-display-inline" id="HCCE8C88009B149028C334EB530B37413" section-type="subsequent-section"><enum>7021.</enum><subsection commented="no" display-inline="yes-display-inline" id="HBFD97957220040FD9D6D38DE8821EAE6"><enum>(a)</enum><header display-inline="yes-display-inline">Lethal military equipment exports</header>
<paragraph commented="no" display-inline="no-display-inline" id="id92400985BF624C0986D93E3A2385E849"><enum>(1)</enum><text display-inline="yes-display-inline">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
<act-name parsable-cite="EAA79">Export Administration Act of 1979</act-name>:
<proviso><italic>Provided</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, That this
section applies with respect to lethal military equipment provided under a
contract entered into after October 1, 1997.</text>
</paragraph><paragraph commented="no" display-inline="no-display-inline" id="H96E28DB1A6D34C88BD16BAC4C2F56369"><enum>(2)</enum><text display-inline="yes-display-inline">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.</text>
</paragraph><paragraph commented="no" display-inline="no-display-inline" id="HF13CC020F4CF4F789683F822AAFE1D8A"><enum>(3)</enum><text display-inline="yes-display-inline">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.</text>
</paragraph></subsection><subsection commented="no" display-inline="no-display-inline" id="id526B7FFB297C4B5B9D0B6CFCEF17462B"><enum>(b)</enum><header display-inline="yes-display-inline">Bilateral assistance</header>
<paragraph commented="no" display-inline="no-display-inline" id="id1B14E700816249FD8E52B404DAB4AFC8"><enum>(1)</enum><text display-inline="yes-display-inline">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—</text>
<subparagraph id="id0BBD5C59CB074C98904DDE7FE85050AC"><enum>(A)</enum><text>grants sanctuary
from prosecution to any individual or group which has committed an act of
international terrorism;</text>
</subparagraph><subparagraph id="idEBA0708B7315410CBE4066838A660973"><enum>(B)</enum><text>otherwise
supports international terrorism; or</text>
</subparagraph><subparagraph id="id004FAE0747F74A0DB7101597313874F7"><enum>(C)</enum><text>is controlled by
an organization designated as a terrorist organization under section 219 of the
Immigration and Nationality Act.</text>
</subparagraph></paragraph><paragraph commented="no" display-inline="no-display-inline" id="H217887CC7DFB4453AE9E762672902E90"><enum>(2)</enum><text display-inline="yes-display-inline">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:
<proviso><italic>Provided</italic></proviso>, 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.</text>
</paragraph></subsection></section><appropriations-small commented="no" id="H59351ECF1D7744D0B304FC0EB8C842F3"><header display-inline="yes-display-inline">Authorization
requirements</header>
</appropriations-small><section commented="no" display-inline="no-display-inline" id="HEDFF4D183B704F2CBA2BF1DF377660BD" section-type="subsequent-section"><enum>7022.</enum><text display-inline="yes-display-inline">Funds appropriated by this Act, except
funds appropriated under the heading <quote>Trade and Development
Agency</quote>, may be obligated and expended notwithstanding section 10 of
Public Law 91–672, section 15 of the <act-name parsable-cite="SDBAA">State
Department Basic Authorities Act of 1956</act-name>, section 313 of the
<act-name parsable-cite="FRAA">Foreign Relations Authorization Act</act-name>,
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)).</text>
<appropriations-small commented="no" id="HD52CFED190854FEAB6911AE6A5A670CF"><header display-inline="yes-display-inline">Definition of program, project, and
activity</header>
</appropriations-small></section><section commented="no" display-inline="no-display-inline" id="HF4CB3EFCD0EA4B6D8913F3975E553470" section-type="subsequent-section"><enum>7023.</enum><text display-inline="yes-display-inline">For the purpose of titles II through VI of
this Act <quote>program, project, and activity</quote> 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: <quote>Economic Support Fund</quote>
and <quote>Foreign Military Financing Program</quote>, <quote>program, project,
and activity</quote> 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
<quote>program, project, and activity</quote> shall also be considered to
include central, country, regional, and program level funding, either
as:</text>
<paragraph commented="no" display-inline="no-display-inline" id="id4B37E5D88AFA46E5862FEEFB58BB4162"><enum>(1)</enum><text display-inline="yes-display-inline">justified to the Congress; or</text>
</paragraph><paragraph commented="no" display-inline="no-display-inline" id="id4E916C3BB96842E5B00E8243452BF806"><enum>(2)</enum><text display-inline="yes-display-inline">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 <act-name parsable-cite="FAA61">Foreign Assistance Act of
1961.</act-name></text>
</paragraph></section><appropriations-small commented="no" id="H1EDC52E3758D417EA733E5EDEC378FFD"><header display-inline="yes-display-inline">Authorities for the peace corps,
inter-american foundation and african development
foundation</header>
</appropriations-small><section commented="no" display-inline="no-display-inline" id="HCA9101089FB749C59C1CB430ED64B955" section-type="subsequent-section"><enum>7024.</enum><text display-inline="yes-display-inline">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:
<proviso><italic>Provided</italic></proviso>, 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.</text>
<appropriations-small commented="no" id="HBC4D9EA88C5548A3A51738B86D9357A6"><header display-inline="yes-display-inline">Commerce, trade and surplus
commodities</header>
</appropriations-small></section><section commented="no" display-inline="no-display-inline" id="HE2B3457041E542D0B5177099E4CF667E" section-type="subsequent-section"><enum>7025.</enum><subsection commented="no" display-inline="yes-display-inline" id="H973E2548A9D548E6A4F11356A760984B"><enum>(a)</enum><text display-inline="yes-display-inline">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:
<proviso><italic>Provided</italic></proviso>, 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:
<proviso><italic> Provided further,</italic></proviso> That this
subsection shall not prohibit—</text>
<paragraph commented="no" display-inline="no-display-inline" id="id243F37BA03684FFCBBD81232F735417D"><enum>(1)</enum><text display-inline="yes-display-inline">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</text>
</paragraph><paragraph commented="no" display-inline="no-display-inline" id="idE53BF63CEBD7485CA91F776C09D80A9A"><enum>(2)</enum><text display-inline="yes-display-inline">activities in a country the President
determines is recovering from widespread conflict, a humanitarian crisis, or a
complex emergency.</text>
</paragraph></subsection><subsection commented="no" display-inline="no-display-inline" id="HE2AB6CD410444D7E8128D50BEC19143E"><enum>(b)</enum><text display-inline="yes-display-inline">None of the funds appropriated by this or
any other Act to carry out chapter 1 of part I of the
<act-name parsable-cite="FAA61">Foreign Assistance Act of 1961</act-name> 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:
<proviso><italic>Provided</italic></proviso>, That this subsection
shall not prohibit—</text>
<paragraph commented="no" display-inline="no-display-inline" id="HF54D1C9D63D64E52A19581CC517829D5"><enum>(1)</enum><text display-inline="yes-display-inline">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;</text>
</paragraph><paragraph commented="no" display-inline="no-display-inline" id="HB5ACA397627C43CB82370970D0BAB282"><enum>(2)</enum><text display-inline="yes-display-inline">research activities intended primarily to
benefit American producers;</text>
</paragraph><paragraph commented="no" display-inline="no-display-inline" id="id1B07247D2D1E425DA15AF0C7C8EA4137"><enum>(3)</enum><text display-inline="yes-display-inline">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</text>
</paragraph><paragraph commented="no" display-inline="no-display-inline" id="id2E249370F97842CDAEF2065EEA9B8BD5"><enum>(4)</enum><text display-inline="yes-display-inline">activities in a country the President
determines is recovering from widespread conflict, a humanitarian crisis, or a
complex emergency.</text>
</paragraph></subsection><subsection id="H4932819081034F5DB01A24B614133909"><enum>(c)</enum><text>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.</text>
</subsection></section><appropriations-small commented="no" id="HB03FCAC64A614D1A89FD0C749B9D6B1B"><header display-inline="yes-display-inline">Separate
accounts</header>
</appropriations-small><section commented="no" display-inline="no-display-inline" id="HC1EA754449DC44F1854ECFEB56B39043" section-type="subsequent-section"><enum>7026.</enum><subsection commented="no" display-inline="yes-display-inline" id="H9AB8EF97C8E74AD78BED982DD4DA6A48"><enum>(a)</enum><header display-inline="yes-display-inline">Separate accounts for local
currencies</header>
<paragraph commented="no" display-inline="no-display-inline" id="H4B3C1B9E016E47AD8AA5E02B143EFEE3"><enum>(1)</enum><text display-inline="yes-display-inline">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 <act-name parsable-cite="FAA61">Foreign Assistance Act of
1961</act-name> 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—</text>
<subparagraph commented="no" display-inline="no-display-inline" id="HA59FA63D4D2D43D386EBE3F589BC9382"><enum>(A)</enum><text display-inline="yes-display-inline">require that local currencies be deposited
in a separate account established by that government;</text>
</subparagraph><subparagraph commented="no" display-inline="no-display-inline" id="H2C0517B68C8648569761623235EAC3A4"><enum>(B)</enum><text display-inline="yes-display-inline">enter into an agreement with that
government which sets forth—</text>
<clause commented="no" display-inline="no-display-inline" id="H4248714E5D8B40B1981CB3E4F792F85F"><enum>(i)</enum><text display-inline="yes-display-inline">the amount of the local currencies to be
generated; and</text>
</clause><clause commented="no" display-inline="no-display-inline" id="H971BC32EA0B143DCAE5E9E28D00D6FA9"><enum>(ii)</enum><text display-inline="yes-display-inline">the terms and conditions under which the
currencies so deposited may be utilized, consistent with this section;
and</text>
</clause></subparagraph><subparagraph commented="no" display-inline="no-display-inline" id="HAC3CE9D94D244615B26CDFF6A4038D74"><enum>(C)</enum><text display-inline="yes-display-inline">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.</text>
</subparagraph></paragraph><paragraph commented="no" display-inline="no-display-inline" id="HFFAFB8758E634F978CBABBC05AA0A9A0"><enum>(2)</enum><header display-inline="yes-display-inline">Uses of local currencies</header><text display-inline="yes-display-inline">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—</text>
<subparagraph commented="no" display-inline="no-display-inline" id="H3984D4E649CC42BABD3FE6F8B9432F48"><enum>(A)</enum><text display-inline="yes-display-inline">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—</text>
<clause commented="no" display-inline="no-display-inline" id="H7636886B9E7E4A74A36CF4D22704B967"><enum>(i)</enum><text display-inline="yes-display-inline">project and sector assistance activities;
or</text>
</clause><clause commented="no" display-inline="no-display-inline" id="H6EE5E6B740AE422BA2ED48A3EB1B8CAA"><enum>(ii)</enum><text display-inline="yes-display-inline">debt and deficit financing; or</text>
</clause></subparagraph><subparagraph commented="no" display-inline="no-display-inline" id="HE80E3D650D3C4FBCA92B3D9C68117C85"><enum>(B)</enum><text display-inline="yes-display-inline">for the administrative requirements of the
United States Government.</text>
</subparagraph></paragraph><paragraph commented="no" display-inline="no-display-inline" id="H66486FE8F3FB47C2BE44FD692F23A627"><enum>(3)</enum><header display-inline="yes-display-inline">Programming accountability</header><text display-inline="yes-display-inline">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).</text>
</paragraph><paragraph commented="no" display-inline="no-display-inline" id="H00A1B52209214E179D889E021F7C8E39"><enum>(4)</enum><header display-inline="yes-display-inline">Termination of assistance
programs</header><text display-inline="yes-display-inline">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.</text>
</paragraph><paragraph commented="no" display-inline="no-display-inline" id="HFD8CDBF0F64643129E237F6BF517C6FD"><enum>(5)</enum><header display-inline="yes-display-inline">Reporting requirement</header><text display-inline="yes-display-inline">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.</text>
</paragraph></subsection><subsection commented="no" display-inline="no-display-inline" id="H32A649988235486D8F8DF15C77B8A379"><enum>(b)</enum><header display-inline="yes-display-inline">Separate accounts for cash
transfers</header>
<paragraph commented="no" display-inline="no-display-inline" id="H29AA2AA55AE9457FAD9BED29089ADD1F"><enum>(1)</enum><text display-inline="yes-display-inline">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 <act-name parsable-cite="FAA61">Foreign Assistance Act of
1961</act-name>, 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.</text>
</paragraph><paragraph commented="no" display-inline="no-display-inline" id="H43AFA20120F641678B35F51EDA813C2B"><enum>(2)</enum><header display-inline="yes-display-inline">Applicability of other provisions of
law</header><text display-inline="yes-display-inline">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).</text>
</paragraph><paragraph commented="no" display-inline="no-display-inline" id="HFB0A46B5056547778ED302D47EAA6420"><enum>(3)</enum><header display-inline="yes-display-inline">Notification</header><text display-inline="yes-display-inline">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).</text>
</paragraph><paragraph commented="no" display-inline="no-display-inline" id="HB825DCCABA9048B9B7D1323A4DAF088D"><enum>(4)</enum><header display-inline="yes-display-inline">Exemption</header><text display-inline="yes-display-inline">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.</text>
</paragraph></subsection></section><appropriations-small id="H01EA214F0CAF4F7B919BAF28941A4BF5"><header>eligibility for
assistance</header>
</appropriations-small><section id="HA0EC1C1061014F8982F9F3EAC97E9F82"><enum>7027.</enum><subsection commented="no" display-inline="yes-display-inline" id="H1CB2C04FD0FB4EE4BEAC4E2E142393C5"><enum>(a)</enum><header>Assistance through
nongovernmental organizations</header><text display-inline="yes-display-inline">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’’:
<proviso><italic>Provided</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, 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.</text>
</subsection><subsection id="H16AC5A0D888C465D8A933D0F689F23F7"><enum>(b)</enum><header>Public law
480</header><text>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:
<proviso><italic>Provided</italic></proviso>, 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.</text>
</subsection><subsection id="HAE00435DFBBB4BBDBC9CBFAA1467734D"><enum>(c)</enum><header>Exception</header><text display-inline="yes-display-inline">This section shall not apply—</text>
<paragraph id="H74E27D289BA3478E9504CFEB5238241D"><enum>(1)</enum><text>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</text>
</paragraph><paragraph commented="no" display-inline="no-display-inline" id="H6E2BEEB4FC774E2FA334F47B50CBEC93"><enum>(2)</enum><text>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.</text>
</paragraph></subsection></section><appropriations-small commented="no" id="H5555E04A65E54F69BFCCCD4E0556A625"><header display-inline="yes-display-inline">Impact on jobs in the united
states</header>
</appropriations-small><section commented="no" display-inline="no-display-inline" id="H99F62A1C499A482890C6580DFB3B8ADD" section-type="subsequent-section"><enum>7028.</enum><text display-inline="yes-display-inline">None of the funds appropriated under titles
III through VI of this Act may be obligated or expended to provide—</text>
<paragraph commented="no" display-inline="no-display-inline" id="H19E31564B7B0494A87EF47340E25544B"><enum>(1)</enum><text display-inline="yes-display-inline">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</text>
</paragraph><paragraph commented="no" display-inline="no-display-inline" id="H38A63C13B228422B8629E1AE31D8DE79"><enum>(2)</enum><text display-inline="yes-display-inline">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
<act-name parsable-cite="TA74">Trade Act of 1974</act-name>, of workers in the
recipient country, including any designated zone or area in that country:
<proviso><italic>Provided</italic></proviso>, 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.</text>
</paragraph></section><appropriations-small commented="no" id="H4B965CDC122F413FB01E40C24E9E4DAF"><header display-inline="yes-display-inline">International financial
institutions</header>
</appropriations-small><section commented="no" display-inline="no-display-inline" id="H50616B5F18A34C21968139B94BCD3C34" section-type="subsequent-section"><enum>7029.</enum><subsection commented="no" display-inline="yes-display-inline" id="H0811E509D29E46B4A1BAC062E223A012"><enum>(a)</enum><text display-inline="yes-display-inline">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.</text>
</subsection><subsection commented="no" display-inline="no-display-inline" id="idFB281267FD044478BBE5FD7A37EE3CF8"><enum>(b)</enum><text display-inline="yes-display-inline">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.</text>
</subsection><subsection commented="no" display-inline="no-display-inline" id="H991B365C28E243CA89A5F451D3FBEA4C"><enum>(c)</enum><text display-inline="yes-display-inline">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.</text>
</subsection><subsection commented="no" display-inline="no-display-inline" id="ID12f21966fce74ce183e2274a8d5e2e6d"><enum>(d)</enum><text display-inline="yes-display-inline">For the purposes of this Act
<quote>international financial institutions</quote> 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.</text>
</subsection></section><appropriations-small commented="no" id="H43356092954C4D82B59D4BA3DE0A2760"><header display-inline="yes-display-inline">Debt-for-development</header>
</appropriations-small><section commented="no" display-inline="no-display-inline" id="HA69947A48E58485CA33E03FDB6A2C8F8" section-type="subsequent-section"><enum>7030.</enum><text display-inline="yes-display-inline">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.</text>
<appropriations-small id="id6CAE8C28F80743CF82B2E430338AF253"><header>FINANCIAL MANAGEMENT AND BUDGET
TRANSPARENCY</header>
</appropriations-small></section><section id="id19641CB5A0A0461FB170515663565037"><enum>7031.</enum><subsection commented="no" display-inline="yes-display-inline" id="id2AD62BFEA41F4EDCB9274FE072F3FC01"><enum>(a)</enum><header>Limitation on direct
government-to-Government assistance</header>
<paragraph id="ID63abeab1af0b4cb69221ec9cd936d4bf"><enum>(1)</enum><text>Funds
appropriated by this Act may be made available for direct
Government-to-Government assistance only if—</text>
<subparagraph id="ID5936897152e440c1ad5fd7a608816776"><enum>(A)</enum><text>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</text>
<clause id="ID0137c1c67f0e4e7fa5475652cac51333"><enum>(i)</enum><text>the
recipient agency or ministry employs and utilizes staff with the necessary
technical, financial, and management capabilities;</text>
</clause><clause id="ID8dfbf9483af945269a413c7298a3fdd7"><enum>(ii)</enum><text>the recipient
agency or ministry has adopted competitive procurement policies and
systems;</text>
</clause><clause id="ID173fc4ea989048e994ad2b89d85ef874"><enum>(iii)</enum><text>effective
monitoring and evaluation systems are in place to ensure that such assistance
is used for its intended purposes; and</text>
</clause><clause id="ID39db346f8e934678a8bc47078247a9ec"><enum>(iv)</enum><text>no
level of acceptable fraud is assumed.</text>
</clause></subparagraph><subparagraph id="ID0e1e784d51814ad9bc706b5f58018f81"><enum>(B)</enum><text>the Government of
the United States and the government of the recipient country have agreed, in
writing—</text>
<clause id="ID01442f05189c43c0a915141e37a1599b"><enum>(i)</enum><text>on
clear and achievable objectives for the use of such assistance; and</text>
</clause><clause id="ID442d12b089364dbbbba2977e9ca8d3e7"><enum>(ii)</enum><text>that such
assistance should be made on a cost-reimbursable basis.</text>
</clause></subparagraph></paragraph><paragraph id="ID7535413c874d44838b169f78631cbf8f"><enum>(2)</enum><text>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:
<proviso><italic>Provided</italic>,</proviso> That such notification
shall contain an explanation of how the proposed activity meets the
requirements of paragraph (1):
<proviso><italic>Provided further</italic>,</proviso> 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.</text>
</paragraph><paragraph id="ID1e36cfc7204245edab55b1422c4fe3d1"><enum>(3)</enum><text>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.</text>
</paragraph><paragraph id="IDa59e72ff24284d0f9b91c70b86676b42"><enum>(4)</enum><text>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—</text>
<subparagraph id="ID9013e3b54fa549798b4756fad0b16d59"><enum>(A)</enum><text>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</text>
</subparagraph><subparagraph id="ID672e1b2871b24628a0ea0564d71f187a"><enum>(B)</enum><text>the type of
procurement instrument or mechanism utilized and whether the assistance was
provided on a cost-reimbursable basis.</text>
</subparagraph></paragraph><paragraph id="ID4ec241b907304649bf7e5f3ee123763a"><enum>(5)</enum><text>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.</text>
</paragraph></subsection><subsection id="idD5EDB489246B4CBB926445B26543BBBF"><enum>(b)</enum><header>National budget
and contract transparency</header>
<paragraph id="id57284EFD1A264BE9AC47B75F4FDBF545"><enum>(1)</enum><header>Limitation on
Funding</header><text display-inline="yes-display-inline">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:
<proviso><italic>Provided</italic></proviso>, That the Secretary of
State shall develop “minimum standards of fiscal transparency” to be updated
and strengthened, as appropriate, to reflect best practices:
<proviso><italic> Provided further,</italic></proviso> That the
Secretary shall make an annual determination of <quote>progress</quote> 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”.</text>
</paragraph><paragraph id="idF3782734340C427F8D7E2BCDEEDC09A1"><enum>(2)</enum><header>Minimum
Standards of Fiscal Transparency</header><text display-inline="yes-display-inline">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.</text>
</paragraph><paragraph id="id7FD0AB73DEF94617A3CF47B555C58E52"><enum>(3)</enum><header>Waiver</header><text display-inline="yes-display-inline">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:
<proviso><italic>Provided</italic></proviso>, 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.</text>
</paragraph><paragraph id="idBEEE23BF74E6470B858BFD743ED32001"><enum>(4)</enum><header>Assistance</header><text display-inline="yes-display-inline">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:
<proviso><italic>Provided</italic></proviso>, That such sums shall be
in addition to funds otherwise made available for such purposes.</text>
</paragraph></subsection><subsection commented="no" display-inline="no-display-inline" id="HF567546A13E34FD08685E2E156BE7B76"><enum>(c)</enum><header display-inline="yes-display-inline">Anti-kleptocracy</header>
<paragraph commented="no" display-inline="no-display-inline" id="idED93023A1A7342A2892BDBC094799EEB"><enum>(1)</enum><text display-inline="yes-display-inline">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.</text>
</paragraph><paragraph commented="no" display-inline="no-display-inline" id="id5867D28C1FDB4871A5D93A42FC3C4C38"><enum>(2)</enum><text display-inline="yes-display-inline">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:
<proviso><italic>Provided</italic></proviso>, That nothing in this
provision shall be construed to derogate from United States Government
obligations under applicable international agreements.</text>
</paragraph><paragraph commented="no" display-inline="no-display-inline" id="idF618C14803C54CDDAAD842E64C2E5C6C"><enum>(3)</enum><text display-inline="yes-display-inline">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.</text>
</paragraph><paragraph commented="no" display-inline="no-display-inline" id="id7536BFC173A848D4B7C6F54938AC434D"><enum>(4)</enum><text display-inline="yes-display-inline">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.</text>
</paragraph></subsection></section><appropriations-small commented="no" id="H273ABD30ECDC41C09A139777FA35F897"><header display-inline="yes-display-inline">Authority to engage in debt buybacks or
sales</header>
</appropriations-small><section commented="no" display-inline="no-display-inline" id="H17821315543244309214F8697C61D5E8" section-type="subsequent-section"><enum>7032.</enum><subsection commented="no" display-inline="yes-display-inline" id="HF6C7CE56763447E5A560C2E1E7882C18"><enum>(a)</enum><header display-inline="yes-display-inline">Loans eligible for sale, reduction, or
cancellation</header>
<paragraph commented="no" display-inline="no-display-inline" id="H6FA8E48A5E214C379467324243E12E08"><enum>(1)</enum><header display-inline="yes-display-inline">Authority to sell, reduce, or cancel
certain loans</header><text display-inline="yes-display-inline">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 <act-name parsable-cite="FAA61">Foreign
Assistance Act of 1961</act-name>, 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—</text>
<subparagraph commented="no" display-inline="no-display-inline" id="H67EF417541874A65BE99150F698A6E16"><enum>(A)</enum><text display-inline="yes-display-inline">debt-for-equity swaps, debt-for-development
swaps, or debt-for-nature swaps; or</text>
</subparagraph><subparagraph commented="no" display-inline="no-display-inline" id="H84EA53B0DA78473784BE2E04ADEB727D"><enum>(B)</enum><text display-inline="yes-display-inline">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 <act-name parsable-cite="FAA61">Foreign Assistance Act of
1961</act-name>, if the sale, reduction, or cancellation would not contravene
any term or condition of any prior agreement relating to such loan.</text>
</subparagraph></paragraph><paragraph commented="no" display-inline="no-display-inline" id="H0F88772CF0B34DE3B31D9B45B5D478B3"><enum>(2)</enum><header display-inline="yes-display-inline">Terms and conditions</header><text display-inline="yes-display-inline">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.</text>
</paragraph><paragraph commented="no" display-inline="no-display-inline" id="H00DB6210E22A420E842D5F0D8F734FCE"><enum>(3)</enum><header display-inline="yes-display-inline">Administration</header><text display-inline="yes-display-inline">The Facility, as defined in section 702(8)
of the <act-name parsable-cite="FAA61">Foreign Assistance Act of
1961</act-name>, shall notify the administrator of the agency primarily
responsible for administering part I of the <act-name parsable-cite="FAA61">Foreign Assistance Act of 1961</act-name> 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:
<proviso><italic>Provided</italic></proviso>, That such agency shall
make adjustment in its accounts to reflect the sale, reduction, or
cancellation.</text>
</paragraph><paragraph commented="no" display-inline="no-display-inline" id="H639FFED7206C4444AD04AE1DB95E2EA2"><enum>(4)</enum><header display-inline="yes-display-inline">Limitation</header><text display-inline="yes-display-inline">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.</text>
</paragraph></subsection><subsection commented="no" display-inline="no-display-inline" id="HAEA8E01F975E4342A4F2DBFB20199022"><enum>(b)</enum><header display-inline="yes-display-inline">Deposit of proceeds</header><text display-inline="yes-display-inline">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.</text>
</subsection><subsection commented="no" display-inline="no-display-inline" id="H29F56354F09D4D03AD0C9ABA71BBECF1"><enum>(c)</enum><header display-inline="yes-display-inline">Eligible purchasers</header><text display-inline="yes-display-inline">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.</text>
</subsection><subsection commented="no" display-inline="no-display-inline" id="H6D3ABF2222C342CF91A5DA7F846EB4D2"><enum>(d)</enum><header display-inline="yes-display-inline">Debtor consultations</header><text display-inline="yes-display-inline">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.</text>
</subsection><subsection commented="no" display-inline="no-display-inline" id="H7D04208317B74F9293187086D3B13367"><enum>(e)</enum><header display-inline="yes-display-inline">Availability of funds</header><text display-inline="yes-display-inline">The authority provided by subsection (a)
may be used only with regard to funds appropriated by this Act under the
heading <quote>Debt Restructuring</quote>.</text>
</subsection></section><appropriations-small id="HFDBB5B3ED5B54C23B7C2E96871928BEC"><header>Multi-year
commitments</header>
</appropriations-small><section commented="no" display-inline="no-display-inline" id="HB9EE4A6B635A402DA3B36CE00D9659B2" section-type="subsequent-section"><enum>7033.</enum><text display-inline="yes-display-inline">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—</text>
<paragraph id="id87DEB0B4C11E479CA3A8E988CC0D177A"><enum>(1)</enum><text display-inline="yes-display-inline">previously justified in a congressional
budget justification;</text>
</paragraph><paragraph id="id0F5AA5A2A9424B6F908A800CB4ED31A1"><enum>(2)</enum><text display-inline="yes-display-inline">included in an Act making appropriations
for the Department of State, foreign operations, and related programs or
previously authorized by an Act of Congress;</text>
</paragraph><paragraph id="idA68594AE256F4441BBD2E066EC2AC2DD"><enum>(3)</enum><text display-inline="yes-display-inline">notified in accordance with the regular
notification procedures of the Committees on Appropriations; or</text>
</paragraph><paragraph id="id396ED438244C4A32A4B87F88844332B2"><enum>(4)</enum><text display-inline="yes-display-inline">the subject of prior consultation with the
Committees on Appropriations and such consultation was conducted at least 7
days in advance of the pledge.</text>
</paragraph></section><appropriations-small id="H8D4FD6790FAA4E78AFA0BC14A0136C3E"><header>special
provisions</header>
</appropriations-small><section id="H036882B04B4A4928B1C167128BBCDB00"><enum>7034.</enum><subsection commented="no" display-inline="yes-display-inline" id="H964A2A51E85D4B468502001410D55D66"><enum>(a)</enum><header>Victims of war,
displaced children, and displaced burmese</header><text display-inline="yes-display-inline">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.</text>
</subsection><subsection id="H24E6B5225C15472DA0F2D5F66975708C"><enum>(b)</enum><header>Reconstituting
civilian police authority</header><text>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.</text>
</subsection><subsection commented="no" display-inline="no-display-inline" id="H8546A51CE0094B47B0B0607EF3689DFB"><enum>(c)</enum><header display-inline="yes-display-inline">World food program</header><text display-inline="yes-display-inline">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.</text>
</subsection><subsection id="HACD43AB349314487B71A8CEA96B81103"><enum>(d)</enum><header>Disarmament,
demobilization and reintegration</header><text>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 <quote>Economic Support
Fund</quote>, <quote>Peacekeeping Operations</quote>, <quote>International
Disaster Assistance</quote>, and <quote>Transition Initiatives</quote> should
be made available to support programs to disarm, demobilize, and reintegrate
into civilian society former members of foreign terrorist organizations:
<proviso><italic>Provided</italic></proviso>, That the Secretary of
State shall consult with the Committees on Appropriations prior to the
obligation of funds pursuant to this subsection:
<proviso><italic>Provided further</italic></proviso>, That for the
purposes of this subsection the term <quote>foreign terrorist
organization</quote> means an organization designated as a terrorist
organization under section 219 of the Immigration and Nationality Act.</text>
</subsection><subsection commented="no" display-inline="no-display-inline" id="H34C4FF79B246448F9F1DB981C07982C4"><enum>(e)</enum><header>Research and
training</header><text>Funds appropriated by this Act under the heading
<quote>Economic Support Fund</quote> 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).</text>
</subsection><subsection commented="no" display-inline="no-display-inline" id="HC1D499BA99C8499DA47A49FAFCD4FE9F"><enum>(f)</enum><header display-inline="yes-display-inline">Contingencies</header><text display-inline="yes-display-inline">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.</text>
</subsection><subsection commented="no" display-inline="no-display-inline" id="idA1C2840C8B904B949B03D8DAD2230107"><enum>(g)</enum><header display-inline="yes-display-inline">Consolidation of Reports</header><text display-inline="yes-display-inline">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:
<proviso><italic>Provided</italic></proviso>, That reports are
considered <quote>substantially duplicative</quote> 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:
<proviso><italic> Provided further,</italic></proviso> 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.</text>
</subsection><subsection commented="no" display-inline="no-display-inline" id="HE159A5BFC7084F369033A23D60A4982E"><enum>(h)</enum><header display-inline="yes-display-inline">Promotion of Democracy</header>
<paragraph commented="no" display-inline="no-display-inline" id="HD2BD846610084EF49DD846C0854734FB"><enum>(1)</enum><text display-inline="yes-display-inline">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.</text>
</paragraph><paragraph commented="no" display-inline="no-display-inline" id="HF5783C3B90D84214BCCC5B8B0C1DE60B"><enum>(2)</enum><text display-inline="yes-display-inline">For the purposes of funds appropriated by
this Act, the term <quote>promotion of democracy</quote> 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.</text>
</paragraph><paragraph commented="no" display-inline="no-display-inline" id="HD39FADB9E9C746829864AD7EB0C608CE"><enum>(3)</enum><text display-inline="yes-display-inline">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.</text>
</paragraph><paragraph commented="no" display-inline="no-display-inline" id="idFA95466C25C1424981173DA3D8F4BD01"><enum>(4)</enum><text display-inline="yes-display-inline">Funds appropriated under the heading
<quote>Economic Support Fund</quote> 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:
<proviso><italic>Provided</italic></proviso>, That funds made
available by this paragraph should be matched by sources other than the United
States Government, as appropriate:
<proviso><italic> Provided further,</italic></proviso> 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:
<proviso><italic> Provided further,</italic></proviso> 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.</text>
</paragraph><paragraph commented="no" display-inline="no-display-inline" id="id040B88935DF044D09ECB8C2A6ED9F3C6"><enum>(5)</enum><text display-inline="yes-display-inline">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.</text>
</paragraph></subsection><subsection commented="no" display-inline="no-display-inline" id="H39DE74E52E454AABA356D377309C48CC"><enum>(i)</enum><header display-inline="yes-display-inline">Partner Vetting</header><text display-inline="yes-display-inline">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:
<proviso><italic>Provided</italic></proviso>, That such pilot program
shall be implemented not later than September 30, 2012:
<proviso><italic> Provided further,</italic></proviso> 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.</text>
</subsection><subsection commented="no" display-inline="no-display-inline" id="id6E5E9D65710945F4946ED505546D804E"><enum>(j)</enum><header display-inline="yes-display-inline">Protections and Remedies for Employees of
Diplomatic Missions and International Organizations</header><text display-inline="yes-display-inline">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):
<proviso><italic>Provided,</italic></proviso> 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:
<proviso><italic>Provided further</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, 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.</text>
</subsection><subsection commented="no" display-inline="no-display-inline" id="IDF078DFC427144C9EA8EB364C3DC84342"><enum>(k)</enum><header display-inline="yes-display-inline">Modification of amendment</header><text display-inline="yes-display-inline">Section 620J of the
<act-name parsable-cite="FAA61">Foreign Assistance Act of 1961</act-name>
(Limitation on Assistance to Security Forces) is amended as follows:</text>
<paragraph commented="no" display-inline="no-display-inline" id="ID1E508AD2F879499A88366945137EC60B"><enum>(1)</enum><text display-inline="yes-display-inline">by redesignating the section as section
620M;</text>
</paragraph><paragraph commented="no" display-inline="no-display-inline" id="ID4EA51028BFA84387A588020CAF2D61BF"><enum>(2)</enum><text display-inline="yes-display-inline">in subsection (a), by striking
<quote>evidence</quote> and inserting <quote>information</quote> and by
striking <quote>gross violations</quote> and inserting <quote>a gross
violation</quote>;</text>
</paragraph><paragraph commented="no" display-inline="no-display-inline" id="IDFFAEF84E259F4D71BBB0AE3372B7C78D"><enum>(3)</enum><text display-inline="yes-display-inline">in subsection (b), by striking
<quote>measures</quote> and inserting <quote>steps</quote>; and</text>
</paragraph><paragraph commented="no" display-inline="no-display-inline" id="id548178B3AD324B8FA5310A089390A8AD"><enum>(4)</enum><text display-inline="yes-display-inline">by adding the following subsection:</text>
<quoted-block display-inline="no-display-inline" id="IDEF8BE5B7644F4A409A2D4BEFC1F4675D" style="OLC">
<subsection commented="no" display-inline="no-display-inline" id="ID94B31EA5D54E423FAB83CA56C8F21745"><enum>(d)</enum><header display-inline="yes-display-inline">Credible information</header><text display-inline="yes-display-inline">The Secretary shall establish, and
periodically update, procedures to—</text>
<paragraph commented="no" display-inline="no-display-inline" id="id45908864306C4FEB9329190D6D7ECFFB"><enum>(1)</enum><text display-inline="yes-display-inline">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;</text>
</paragraph><paragraph commented="no" display-inline="no-display-inline" id="id64FB311C9DBE49DCA091558C87B48041"><enum>(2)</enum><text display-inline="yes-display-inline">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;</text>
</paragraph><paragraph commented="no" display-inline="no-display-inline" id="id779A28CE70604390969FAF7075649ABF"><enum>(3)</enum><text display-inline="yes-display-inline">routinely request and obtain such
information from the Department of Defense, the Central Intelligence Agency,
and other United States Government sources;</text>
</paragraph><paragraph commented="no" display-inline="no-display-inline" id="id266C5A224CD54799AC5D0A93307B983A"><enum>(4)</enum><text display-inline="yes-display-inline">ensure that such information is evaluated
and preserved;</text>
</paragraph><paragraph commented="no" display-inline="no-display-inline" id="idCDFA846EB738467FB8DA3921B00A8F0F"><enum>(5)</enum><text display-inline="yes-display-inline">ensure that when vetting an individual for
eligibility to receive United States training the individual’s unit is also
vetted;</text>
</paragraph><paragraph commented="no" display-inline="no-display-inline" id="idF1FA8573FB2B4631BD81BD9A5DCFF127"><enum>(6)</enum><text display-inline="yes-display-inline">seek to identify the unit involved when
credible information of a gross violation exists but the identity of the unit
is lacking; and</text>
</paragraph><paragraph commented="no" display-inline="no-display-inline" id="id1D0CA9F2AAA64D088959F6932E459682"><enum>(7)</enum><text display-inline="yes-display-inline">make publicly available, to the maximum
extent practicable, the identity of those units for which no assistance shall
be furnished pursuant to subsection
(a).</text>
</paragraph></subsection><after-quoted-block></after-quoted-block></quoted-block>
</paragraph></subsection><subsection commented="no" display-inline="no-display-inline" id="idC6FCCBC60CC1468D8B0A01C1D03E573D"><enum>(l)</enum><header display-inline="yes-display-inline">Sections repealed</header><text display-inline="yes-display-inline">Sections 494, 495, and 495B through 495K of
the <act-name parsable-cite="FAA61">Foreign Assistance Act of 1961</act-name>
are hereby repealed.</text>
</subsection><subsection id="id2179BF19D7854F83A1376CA91ED7AC17"><enum>(m)</enum><header>Extension of
authorities</header>
<paragraph id="idA3AFD61FA95844BCAA01A4A91E23CEB7"><enum>(1)</enum><text display-inline="yes-display-inline">Section 1(b)(2) of the Passport Act of June
4, 1920 (22 U.S.C. 214(b)(2)) shall be applied by substituting <quote>September
30, 2012</quote> for <quote>September 30, 2010</quote>.</text>
</paragraph><paragraph id="id394EFF5C409347D5ADC043C25975D4E8"><enum>(2)</enum><text display-inline="yes-display-inline">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.</text>
</paragraph><paragraph id="idE283382339EE492DBC51375A6F8C0169"><enum>(3)</enum><text display-inline="yes-display-inline">The authority contained in section 1115(d)
of Public Law 111–32 shall remain in effect through September 30, 2012.</text>
</paragraph><paragraph id="id3C1721D31897414A80FA0A5140347D8A"><enum>(4)</enum><text display-inline="yes-display-inline">Section 824(g) of the Foreign Service Act
of 1980 (22 U.S.C. 4064(g)) shall be applied by substituting <quote>September
30, 2012</quote> for <quote>October 1, 2010</quote> in paragraph (2).</text>
</paragraph><paragraph id="id97AE49470E3E4B48AA8CA9E48E772DBB"><enum>(5)</enum><text display-inline="yes-display-inline">Section 61(a) of the State Department Basic
Authorities Act of 1956 (22 U.S.C. 2733(a)) shall be applied by substituting
<quote>September 30, 2012</quote> for <quote>October 1, 2010</quote> in
paragraph (2).</text>
</paragraph><paragraph id="id1D8AD13D50654E55941AB374CDF7E16F"><enum>(6)</enum><text display-inline="yes-display-inline">Section 625(j)(1) of the Foreign Assistance
Act of 1961 (22 U.S.C. 2385(j)(1)) shall be applied by substituting
<quote>September 30, 2012</quote> for <quote>October 1, 2010</quote> in
subparagraph (B).</text>
</paragraph><paragraph id="id491646F20C324380BB40CC80581AE7FE"><enum>(7)</enum><text display-inline="yes-display-inline">The authority contained in section
1603(a)(2) of Public Law 109–234, as amended, shall remain in effect through
September 30, 2012.</text>
</paragraph><paragraph id="id55E71AAFE91C4B6DA7539C51F0B08CDA"><enum>(8)</enum><text display-inline="yes-display-inline">The authority provided by section 1113 of
Public Law 111–32 shall remain in effect through September 30, 2012:
<proviso><italic>Provided</italic></proviso>, 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.</text>
</paragraph></subsection><subsection commented="no" display-inline="no-display-inline" id="id03B3E9B0A71B4A318F74C7FD701D9FC0"><enum>(n)</enum><header display-inline="yes-display-inline">Reports Repealed</header><text display-inline="yes-display-inline">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.</text>
</subsection><subsection commented="no" display-inline="no-display-inline" id="id85C4CA5880A24800B205FA51AE6C79DF"><enum>(o)</enum><header display-inline="yes-display-inline">Government Expenditures</header><text display-inline="yes-display-inline">Funds appropriated under title III and
under the heading <quote>International Narcotics Control and Law
Enforcement</quote> 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.</text>
</subsection><subsection commented="no" display-inline="no-display-inline" id="id2E3F74EE928D420FA70F1D515D0A3C94"><enum>(p)</enum><header display-inline="yes-display-inline">International Child
Abductions</header><text display-inline="yes-display-inline">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:
<proviso><italic>Provided</italic></proviso>, That the Secretary
shall report to the Committees on Appropriations within 15 days of making any
such determination.</text>
</subsection><subsection id="id9E31D1707DA44A549AA5047575AEAE81"><enum>(q)</enum><header>redesignations</header>
<paragraph id="idAC06D9A86394422E94CCDFEA1025900D"><enum>(1)</enum><text display-inline="yes-display-inline">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):
<proviso><italic>Provided</italic></proviso>, That the Advisor shall
hereafter be appointed by the USAID Administrator and shall report directly to
the Administrator:
<proviso><italic> Provided further,</italic></proviso> That the
responsibilities of the Advisor enumerated in section 699B(b) shall remain in
full force and effect.</text>
</paragraph><paragraph id="idA1C441E7B9C6476AAA4136C0EF0A7BF2"><enum>(2)</enum><text display-inline="yes-display-inline">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):
<proviso><italic>Provided</italic></proviso>, That the Coordinator
shall hereafter be appointed by the USAID Administrator and shall report
directly to the Administrator:
<proviso><italic> Provided further,</italic></proviso> That the
responsibilities of the Coordinator enumerated in the first sentence of section
664(c) shall remain in full force and effect:
<proviso><italic> Provided further,</italic></proviso> That the
limitation in the second sentence of such section shall hereafter no longer
apply to the Coordinator.</text>
</paragraph></subsection><subsection id="idA5E0D95E02C340108EB081B3DB05B3A6"><enum>(r)</enum><header>Extension of
authority</header><text>The Foreign Operations, Export Financing, and Related
Programs Appropriations Act, 1990 (Public Law 101–167) is amended—</text>
<paragraph id="id32B09697589B47FFA17141442AC1A24F"><enum>(1)</enum><text>in section 599D
(8 U.S.C. 1157 note)—</text>
<subparagraph id="idE42B168F7AD8421991E61ABD046E47E3"><enum>(A)</enum><text>in subsection
(b)(3), by striking <quote>and 2011</quote> and inserting <quote>2011, and
2012</quote>; and</text>
</subparagraph><subparagraph id="idC7AE381C3AA849A9A17E9875626CFF5E"><enum>(B)</enum><text>in subsection
(e), by striking <quote>June 1, 2011</quote> each place it apperas and
inserting <quote>October 1, 2012</quote>; and</text>
</subparagraph></paragraph><paragraph id="id463D3B023E314CA1A106FED765309A74"><enum>(2)</enum><text>in section 599E
(8 U.S.C. 1255 note) in subsection (b)(2), by striking <quote>2011</quote> and
inserting <quote>2012</quote>.</text>
</paragraph></subsection></section><appropriations-small commented="no" id="HAF23487623A844DE8E7AA1E9B2040E01"><header display-inline="yes-display-inline">Arab league boycott of
israel</header>
</appropriations-small><section commented="no" display-inline="no-display-inline" id="HB664E44A7AE44EC7A10EC275BFCBE3BA" section-type="subsequent-section"><enum>7035.</enum><text display-inline="yes-display-inline">It is the sense of the Congress
that—</text>
<paragraph commented="no" display-inline="no-display-inline" id="HD535AAFA554D4008A9C8854A3D93ADFD"><enum>(1)</enum><text display-inline="yes-display-inline">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;</text>
</paragraph><paragraph commented="no" display-inline="no-display-inline" id="H8B567B450CF246AE8D6D8D1403052687"><enum>(2)</enum><text display-inline="yes-display-inline">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;</text>
</paragraph><paragraph commented="no" display-inline="no-display-inline" id="HC14BDCCA5A3647358D1752CDF5707F21"><enum>(3)</enum><text display-inline="yes-display-inline">all Arab League states should normalize
relations with their neighbor Israel;</text>
</paragraph><paragraph commented="no" display-inline="no-display-inline" id="HE8A37045F7F249A6931501C050AA56A1"><enum>(4)</enum><text display-inline="yes-display-inline">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</text>
</paragraph><paragraph commented="no" display-inline="no-display-inline" id="H28576E05CBE34052BD792BA50C96C7BA"><enum>(5)</enum><text display-inline="yes-display-inline">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.</text>
</paragraph></section><appropriations-small commented="no" id="H87DCD288BFA9479D9FD3E7710A5BC163"><header display-inline="yes-display-inline">Palestinian
statehood</header>
</appropriations-small><section commented="no" display-inline="no-display-inline" id="H0E4568C10E9C4B8C89053D14ED3FC037" section-type="subsequent-section"><enum>7036.</enum><subsection commented="no" display-inline="yes-display-inline" id="HD8541B80943E4E92AA1233CEC1B2FA7F"><enum>(a)</enum><header display-inline="yes-display-inline">Limitation on assistance</header><text display-inline="yes-display-inline">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—</text>
<paragraph commented="no" display-inline="no-display-inline" id="H53DF3B55B71A47F78239C0C4D9954912"><enum>(1)</enum><text display-inline="yes-display-inline">the governing entity of a new Palestinian
state—</text>
<subparagraph commented="no" display-inline="no-display-inline" id="H220CA0D445744032B747D18928D41C2E"><enum>(A)</enum><text display-inline="yes-display-inline">has demonstrated a firm commitment to
peaceful co-existence with the State of Israel;</text>
</subparagraph><subparagraph commented="no" display-inline="no-display-inline" id="H8DFBC22321A846D0A82BECCBBA6D214D"><enum>(B)</enum><text display-inline="yes-display-inline">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</text>
</subparagraph></paragraph><paragraph commented="no" display-inline="no-display-inline" id="H8CD7EDD0B53445AA95B6F389D20DEC9C"><enum>(2)</enum><text display-inline="yes-display-inline">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—</text>
<subparagraph commented="no" display-inline="no-display-inline" id="H7B8F10B2908149A295904FA46F43467D"><enum>(A)</enum><text display-inline="yes-display-inline">termination of all claims or states of
belligerency;</text>
</subparagraph><subparagraph commented="no" display-inline="no-display-inline" id="H5F9FB886F8034B9BA83AFAEB5AB4FC62"><enum>(B)</enum><text display-inline="yes-display-inline">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;</text>
</subparagraph><subparagraph commented="no" display-inline="no-display-inline" id="H3DDCD68F5AD04E1F9A6ED8A805974E66"><enum>(C)</enum><text display-inline="yes-display-inline">their right to live in peace within secure
and recognized boundaries free from threats or acts of force;</text>
</subparagraph><subparagraph commented="no" display-inline="no-display-inline" id="H323C686F2EC1450DADE2F9FDCA753C2E"><enum>(D)</enum><text display-inline="yes-display-inline">freedom of navigation through international
waterways in the area; and</text>
</subparagraph><subparagraph commented="no" display-inline="no-display-inline" id="HFA3B9077B783497797926FAC57B6F48F"><enum>(E)</enum><text display-inline="yes-display-inline">a framework for achieving a just settlement
of the refugee problem.</text>
</subparagraph></paragraph></subsection><subsection commented="no" display-inline="no-display-inline" id="H0A7220BAAF71480FA3C9194B9925D780"><enum>(b)</enum><header display-inline="yes-display-inline">Sense of congress</header><text display-inline="yes-display-inline">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.</text>
</subsection><subsection commented="no" display-inline="no-display-inline" id="H915F22EC460C40D1916D38A6796C3514"><enum>(c)</enum><header display-inline="yes-display-inline">Waiver</header><text display-inline="yes-display-inline">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.</text>
</subsection><subsection commented="no" display-inline="no-display-inline" id="H64B0A1B0573E4BA18F0868725DA5B281"><enum>(d)</enum><header display-inline="yes-display-inline">Exemption</header><text display-inline="yes-display-inline">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 (<quote>Limitation on Assistance for the Palestinian
Authority</quote>).</text>
</subsection></section><appropriations-small commented="no" id="HCE9248AE8CC54F4D8E90453D2DC2DBA0"><header display-inline="yes-display-inline">Restrictions concerning the palestinian
authority</header>
</appropriations-small><section commented="no" display-inline="no-display-inline" id="HA1B241A7D24044949F8998B5A89E5D22" section-type="subsequent-section"><enum>7037.</enum><text display-inline="yes-display-inline">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:
<proviso><italic>Provided</italic></proviso>, That this restriction
shall not apply to the acquisition of additional space for the existing
Consulate General in Jerusalem:
<proviso><italic>Provided further</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, 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.</text>
<appropriations-small commented="no" id="H5A2679D6E50D44FAA6E4823758978243"><header display-inline="yes-display-inline">Prohibition on assistance to the
palestinian broadcasting corporation</header>
</appropriations-small></section><section commented="no" display-inline="no-display-inline" id="H4399DDB8E6DC4B59AA57D39CEE57B11F" section-type="subsequent-section"><enum>7038.</enum><text display-inline="yes-display-inline">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.</text>
<appropriations-small commented="no" id="H6D52568966974BDAA987845D04EC99F3"><header display-inline="yes-display-inline">Assistance for the west bank and
gaza</header>
</appropriations-small></section><section commented="no" display-inline="no-display-inline" id="H3C7382C3AD284317B82E8B3DAB2508E3" section-type="subsequent-section"><enum>7039.</enum><subsection commented="no" display-inline="yes-display-inline" id="HA890CF93FFF54782A97EFE282961CA1E"><enum>(a)</enum><header display-inline="yes-display-inline">Oversight</header><text display-inline="yes-display-inline">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 <quote>Economic Support Fund</quote> for the
West Bank and Gaza.</text>
</subsection><subsection commented="no" display-inline="no-display-inline" id="H96C2E3D960F94BED8A5C25422D012879"><enum>(b)</enum><header display-inline="yes-display-inline">Vetting</header><text display-inline="yes-display-inline">Prior to the obligation of funds
appropriated by this Act under the heading <quote>Economic Support Fund</quote>
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:
<proviso><italic>Provided</italic></proviso>, 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.</text>
</subsection><subsection commented="no" display-inline="no-display-inline" id="H02FC0A21B68A450EBCED90CF33A01AC3"><enum>(c)</enum><header display-inline="yes-display-inline">Prohibition</header>
<paragraph commented="no" display-inline="no-display-inline" id="H46F724F76ADD476D96A5B973F00FE6FA"><enum>(1)</enum><text display-inline="yes-display-inline">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.</text>
</paragraph><paragraph commented="no" display-inline="no-display-inline" id="H893AD0903FE440B6AD5DC3EC0D60E0DA"><enum>(2)</enum><text display-inline="yes-display-inline">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.</text>
</paragraph></subsection><subsection commented="no" display-inline="no-display-inline" id="HAD78FB52752B47BEBCF882E48CDEE471"><enum>(d)</enum><header display-inline="yes-display-inline">Audits</header>
<paragraph commented="no" display-inline="no-display-inline" id="H2CE8359CC22B4C7B9406F3FC1954E46A"><enum>(1)</enum><text display-inline="yes-display-inline">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.</text>
</paragraph><paragraph commented="no" display-inline="no-display-inline" id="H35A380AA308A4DB2AECCF0DFCE34ED80"><enum>(2)</enum><text display-inline="yes-display-inline">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:
<proviso><italic>Provided</italic></proviso>, That such funds are in
addition to funds otherwise available for such purposes.</text>
</paragraph></subsection><subsection commented="no" display-inline="no-display-inline" id="H7DC4159362AB40349312A3ED8A56F296"><enum>(e)</enum><text display-inline="yes-display-inline">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 <quote>Economic
Support Fund</quote>, and such audit shall address—</text>
<paragraph commented="no" display-inline="no-display-inline" id="H60239F23406F49548DB1E19D84781D9E"><enum>(1)</enum><text display-inline="yes-display-inline">the extent to which such Program complies
with the requirements of subsections (b) and (c); and</text>
</paragraph><paragraph commented="no" display-inline="no-display-inline" id="H92A94F3C46304DE7A34674D69AEC9741"><enum>(2)</enum><text display-inline="yes-display-inline">an examination of all programs, projects,
and activities carried out under such Program, including both obligations and
expenditures.</text>
</paragraph></subsection><subsection commented="no" display-inline="no-display-inline" id="H4BFFA07EC44D447D86DF4958334F29FA"><enum>(f)</enum><text display-inline="yes-display-inline">Funds made available in this Act for West
Bank and Gaza shall be subject to the regular notification procedures of the
Committees on Appropriations.</text>
</subsection><subsection commented="no" display-inline="no-display-inline" id="H54D36D7AAFC240788122CC59D268AAF3"><enum>(g)</enum><text display-inline="yes-display-inline">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.</text>
</subsection></section><appropriations-small commented="no" id="H9EBA4DAE8E67493AB8EB073CC0875831"><header display-inline="yes-display-inline">Limitation on assistance for the
palestinian authority</header>
</appropriations-small><section commented="no" display-inline="no-display-inline" id="HA803926C2B51481C8E756760A9D524F9" section-type="subsequent-section"><enum>7040.</enum><subsection commented="no" display-inline="yes-display-inline" id="H4A3230873CCD4023A9BD79104FC634E2"><enum>(a)</enum><header display-inline="yes-display-inline">Prohibition of funds</header><text display-inline="yes-display-inline">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.</text>
</subsection><subsection commented="no" display-inline="no-display-inline" id="H923A767467114353A715B5C7EA94969A"><enum>(b)</enum><header display-inline="yes-display-inline">Waiver</header><text display-inline="yes-display-inline">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.</text>
</subsection><subsection commented="no" display-inline="no-display-inline" id="H65BF1A5902FC45189CC3FA7240277D8A"><enum>(c)</enum><header display-inline="yes-display-inline">Period of application of
waiver</header><text display-inline="yes-display-inline">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.</text>
</subsection><subsection commented="no" display-inline="no-display-inline" id="HEACA33FEDE9A48BF8A5BA22BB865918D"><enum>(d)</enum><header display-inline="yes-display-inline">Report</header><text display-inline="yes-display-inline">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:
<proviso><italic>Provided</italic></proviso>, That the report shall
also detail the steps the Palestinian Authority has taken to arrest terrorists,
confiscate weapons and dismantle the terrorist infrastructure.</text>
</subsection><subsection commented="no" display-inline="no-display-inline" id="HEBB5D61E4F374AB48A48BB87A47D7C8C"><enum>(e)</enum><header display-inline="yes-display-inline">Certification</header><text display-inline="yes-display-inline">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.</text>
</subsection><subsection commented="no" display-inline="no-display-inline" id="H1572A9A556B945CFB103421A7BE002D8"><enum>(f)</enum><header display-inline="yes-display-inline">Prohibition to Hamas and the Palestine
Liberation Organization</header>
<paragraph commented="no" display-inline="no-display-inline" id="H22F00365D6B4430EAB8D6CA1A0050C99"><enum>(1)</enum><text display-inline="yes-display-inline">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.</text>
</paragraph><paragraph commented="no" display-inline="no-display-inline" id="HF40B82B110A340ABAC629C6D55BBE96E"><enum>(2)</enum><text display-inline="yes-display-inline">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.</text>
</paragraph><paragraph commented="no" display-inline="no-display-inline" id="H52FEC5B3FEA746F8A949F1D5A5AA1E8F"><enum>(3)</enum><text display-inline="yes-display-inline">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.</text>
</paragraph><paragraph commented="no" display-inline="no-display-inline" id="H46A524AAE3E34BB99746D98879CD8474"><enum>(4)</enum><text display-inline="yes-display-inline">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:
<proviso><italic>Provided</italic></proviso>, 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.</text>
</paragraph><paragraph commented="no" display-inline="no-display-inline" id="H3A27253E54644CD5BF49C73BBD1200E2"><enum>(5)</enum><text display-inline="yes-display-inline">None of the funds appropriated under titles
III through VI of this Act may be obligated for assistance for the Palestine
Liberation Organization.</text>
</paragraph></subsection></section><appropriations-small commented="no" id="HBA36E311E769490C9E123B2D0CE192CD"><header display-inline="yes-display-inline">NEAR EAST</header>
</appropriations-small><section commented="no" display-inline="no-display-inline" id="H0D26ED035DFF468C9F626281726CD546" section-type="subsequent-section"><enum>7041.</enum><subsection commented="no" display-inline="yes-display-inline" id="id62C8F1981D1B48BEBB40104D99EFC165"><enum>(a)</enum><header display-inline="yes-display-inline">Egypt</header>
<paragraph id="idD7BDBB3A9E4E4A348AC75FB7F6320F7D"><enum>(1)</enum><subparagraph commented="no" display-inline="yes-display-inline" id="idDBE630D43FA34E7CA6D398ED4BCB073A"><enum>(A)</enum><text display-inline="yes-display-inline">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.</text>
</subparagraph><subparagraph id="idDB30B8BF73EC4AA786FFC8625C82BD24" indent="up1"><enum>(B)</enum><text display-inline="yes-display-inline">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.</text>
</subparagraph><subparagraph id="idEEB6B6DE2C344ECFA6B175D14BD49464" indent="up1"><enum>(C)</enum><text display-inline="yes-display-inline">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:
<proviso><italic>Provided</italic></proviso>, That such determination
and report shall include a detailed justification for such waiver.</text>
</subparagraph></paragraph><paragraph id="id8DE6B7A8FB6648F1A4B7C48E32EAA331"><enum>(2)</enum><text display-inline="yes-display-inline">The Secretary of State shall consult with
the Committees on Appropriations prior to the transfer of funds appropriated by
this Act under the heading <quote>Foreign Military Financing Program</quote> to
an interest-bearing account for Egypt.</text>
</paragraph><paragraph commented="no" display-inline="no-display-inline" id="idFBA21863E4A74224A2A94652F01519A2"><enum>(3)</enum><text display-inline="yes-display-inline">Funds appropriated under the heading
<quote>Economic Support Fund</quote> 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:
<proviso><italic>Provided</italic></proviso>, 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:
<proviso><italic> Provided further,</italic></proviso> That
subparagraph (b)(2) shall be deemed not to apply and the amount made available
pursuant to this section as set forth in the explanatory statement described in
section 4 (in the matter preceding division A of this consolidated Act) and
incorporated herein shall be deemed to apply in lieu of the figure in
subparagraph (b)(1):
<proviso><italic> Provided further,</italic></proviso> 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:
<proviso><italic> Provided further,</italic></proviso> 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:
<proviso><italic> Provided further,</italic></proviso> That funds
made available for such initiative shall be subject to the regular notification
procedures of the Committees on Appropriations.</text>
</paragraph></subsection><subsection commented="no" display-inline="no-display-inline" id="id1FA19EA6831A4737AA8E62B518521211"><enum>(b)</enum><header display-inline="yes-display-inline">Enterprise funds</header><text display-inline="yes-display-inline">Up to $60,000,000 of funds appropriated
under the heading <quote>Economic Support Fund</quote> 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:
<proviso><italic>Provided</italic></proviso>, 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:
<proviso><italic> Provided further,</italic></proviso> That section
7077 of division F of Public Law 111–117 shall apply to any such fund or funds
established pursuant to this subsection:
<proviso><italic> Provided further,</italic></proviso> 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:
<proviso><italic> Provided further,</italic></proviso> 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:
<proviso><italic> Provided further,</italic></proviso> 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:
<proviso><italic> Provided further,</italic></proviso> That the
authority of any such fund or funds to provide assistance shall cease to be
effective on December 31, 2022:
<proviso><italic> Provided further,</italic></proviso> That funds
made available pursuant to this section shall be subject to prior consultation
with the Committees on Appropriations.</text>
</subsection><subsection commented="no" display-inline="no-display-inline" id="idE6106A9B01BE47D58ED4F2797AACFA4B"><enum>(c)</enum><header display-inline="yes-display-inline">Iran</header>
<paragraph commented="no" display-inline="no-display-inline" id="idA59DF99B251744A9ACDF5CD5BCC551F1"><enum>(1)</enum><text display-inline="yes-display-inline">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.</text>
</paragraph><paragraph commented="no" display-inline="no-display-inline" id="id0356DF7FD6E649618C9540EFE4FD2869"><enum>(2)</enum><text display-inline="yes-display-inline">None of the funds appropriated or otherwise
made available in this Act under the heading <quote>Export-Import Bank of the
United States</quote> 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).</text>
</paragraph><paragraph commented="no" display-inline="no-display-inline" id="idA67226BCDCE24648A20039589C9D36CF"><enum>(3)</enum><text display-inline="yes-display-inline">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:
<proviso><italic>Provided</italic></proviso>, That the date in
subsection (c)(1) shall be deemed to be <quote>September 30,
2012</quote>.</text>
</paragraph></subsection><subsection commented="no" display-inline="no-display-inline" id="id821C0FADA9E04FED9DBD7406531CAE16"><enum>(d)</enum><header display-inline="yes-display-inline">Iraq</header>
<paragraph commented="no" display-inline="no-display-inline" id="idE9DDD22D76BA4DD59E0A43FB50291CD3"><enum>(1)</enum><text display-inline="yes-display-inline">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 <quote>Guidelines for Government of Iraq Financial
Participation in United States Government-Funded Civilian Foreign Assistance
Programs and Projects</quote>.</text>
</paragraph><paragraph commented="no" display-inline="no-display-inline" id="idE4A18B263D324934A6BF72D9855A1CA5"><enum>(2)</enum><text display-inline="yes-display-inline">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.</text>
</paragraph><paragraph commented="no" display-inline="no-display-inline" id="id22424440A0B6407AB5AF77242FD42CC5"><enum>(3)</enum><text display-inline="yes-display-inline">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.</text>
</paragraph><paragraph commented="no" display-inline="no-display-inline" id="ID1F14D3B6DC1D4AB2BEFADD75B48AFD2F"><enum>(4)</enum><text display-inline="yes-display-inline">Funds appropriated by this Act for
assistance for Iraq under the heading <quote>Economic Support Fund</quote>
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.</text>
</paragraph><paragraph commented="no" display-inline="no-display-inline" id="id429698A7A696463EBF49215AFB53C8D6"><enum>(5)</enum><subparagraph commented="no" display-inline="yes-display-inline" id="id8DDB73AE7EAC4E93BA74F5308563A69C"><enum>(A)</enum><text display-inline="yes-display-inline">Of the funds appropriated under the heading
<quote>Diplomatic and Consular Programs</quote> 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—</text>
<clause commented="no" display-inline="no-display-inline" id="id540D6DC5BD0E48C58C7D7CA73BA64ABD" indent="up1"><enum>(i)</enum><text display-inline="yes-display-inline">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;</text>
</clause><clause commented="no" display-inline="no-display-inline" id="id38EAFD76116C41B4A9D2761D9486F2FB" indent="up1"><enum>(ii)</enum><text display-inline="yes-display-inline">an assessment of the security requirements
at each facility, and the estimated cost of sustaining such requirements over
the next 3 fiscal years;</text>
</clause><clause commented="no" display-inline="no-display-inline" id="id317AE65107504AA989387C7D05674501" indent="up1"><enum>(iii)</enum><text display-inline="yes-display-inline">the types of military equipment to be used
to meet the security requirements at each facility;</text>
</clause><clause commented="no" display-inline="no-display-inline" id="idD37330EBB4AE4BCD9B050E801630DC1F" indent="up1"><enum>(iv)</enum><text display-inline="yes-display-inline">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</text>
</clause><clause commented="no" display-inline="no-display-inline" id="id52BE27E7CB7945A18CC198BFED91DDC3" indent="up1"><enum>(v)</enum><text display-inline="yes-display-inline">a description of contingency plans,
including evacuation, at each facility for United States Government personnel
and contractors.</text>
</clause></subparagraph><subparagraph commented="no" display-inline="no-display-inline" id="idEA6B40CDBD904E10AD1028FF85FA5A54" indent="up1"><enum>(B)</enum><text display-inline="yes-display-inline">The report required by this paragraph may
be submitted in classified form, if necessary.</text>
</subparagraph></paragraph></subsection><subsection commented="no" display-inline="no-display-inline" id="HF0D88466446C44AEA948F011BEBF0180"><enum>(e)</enum><header display-inline="yes-display-inline">Lebanon</header>
<paragraph id="idC75F890D6038401D91E8AFD9E36E7F4C"><enum>(1)</enum><text display-inline="yes-display-inline">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.</text>
</paragraph><paragraph id="idDE9270CA8CA04D038ED6FFC7EB76A235"><enum>(2)</enum><text display-inline="yes-display-inline">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:
<proviso><italic>Provided</italic></proviso>, 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:
<proviso><italic> Provided further,</italic></proviso> 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:
<proviso><italic> Provided further,</italic></proviso> 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.</text>
</paragraph><paragraph id="idFAAD7DAEED1F43AF9501359AB7237711"><enum>(3)</enum><text display-inline="yes-display-inline">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.</text>
</paragraph></subsection><subsection id="idC5361DBFDA034991A9D5340ED28600D1"><enum>(f)</enum><header>Libya</header><text display-inline="yes-display-inline">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:
<proviso><italic>Provided</italic></proviso>, That such funds shall
be made available, to the maximum extent practicable, on a cost matching basis:
<proviso><italic> Provided further,</italic></proviso> 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.</text>
</subsection><subsection commented="no" display-inline="no-display-inline" id="id381208E87CF4467EB27A138939831E1F"><enum>(g)</enum><header display-inline="yes-display-inline">Morocco</header><text display-inline="yes-display-inline">Prior to the obligation of funds
appropriated by this Act under the heading <quote>Foreign Military Financing
Program</quote> 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—</text>
<paragraph commented="no" display-inline="no-display-inline" id="id2963108C5FAF4BDFA182B92514329C62"><enum>(1)</enum><text display-inline="yes-display-inline">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</text>
</paragraph><paragraph commented="no" display-inline="no-display-inline" id="idAD2F900E975248E087F176C177FA3218"><enum>(2)</enum><text display-inline="yes-display-inline">provide unimpeded access to human rights
organizations, journalists, and representatives of foreign governments to the
Western Sahara.</text>
</paragraph></subsection><subsection commented="no" display-inline="no-display-inline" id="id219A17BE80C4445E8518FCF44EA66539"><enum>(h)</enum><header display-inline="yes-display-inline">Syria</header><text display-inline="yes-display-inline">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.</text>
</subsection><subsection id="idB78B39D151584C6FBF9F907CF7924A44"><enum>(i)</enum><header>Yemen</header><text display-inline="yes-display-inline">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.</text>
</subsection></section><appropriations-small commented="no" id="HA15F3030E77D4A1D960CEC0CA3D4C119"><header display-inline="yes-display-inline">Serbia</header>
</appropriations-small><section commented="no" display-inline="no-display-inline" id="H0DE6850C70B64E6B8B9E389FF62AB15A" section-type="subsequent-section"><enum>7042.</enum><subsection commented="no" display-inline="yes-display-inline" id="HDA30747D58E941909FAAF99E6BB9600B"><enum>(a)</enum><text display-inline="yes-display-inline">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).</text>
</subsection><subsection commented="no" display-inline="no-display-inline" id="H5E5367CEBE6145DC81BCEA123E8938A1"><enum>(b)</enum><text display-inline="yes-display-inline">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).</text>
</subsection><subsection commented="no" display-inline="no-display-inline" id="H8AFD4B75D5424C7A9A099EB3AF553E49"><enum>(c)</enum><text display-inline="yes-display-inline">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.</text>
</subsection><subsection commented="no" display-inline="no-display-inline" id="H40562FBCD4664942B3677E3F845EB393"><enum>(d)</enum><text display-inline="yes-display-inline">This section shall not apply to
humanitarian assistance or assistance to promote democracy.</text>
</subsection></section><appropriations-small commented="no" id="HB435088DF97A47B48C7D017C6BCD6072"><header display-inline="yes-display-inline">Africa </header>
</appropriations-small><section commented="no" display-inline="no-display-inline" id="id54297A0C331741B0A4BA078FF6884A58" section-type="subsequent-section"><enum>7043.</enum><subsection commented="no" display-inline="yes-display-inline" id="idF456CB13D9984589AE97F7D440D75C37"><enum>(a)</enum><header display-inline="yes-display-inline">Conflict minerals</header>
<paragraph commented="no" display-inline="no-display-inline" id="HD0FD996E4558456782F5857848B923AD"><enum>(1)</enum><text display-inline="yes-display-inline">Funds appropriated by this Act under the
heading <quote>Foreign Military Financing Program</quote> 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.</text>
</paragraph><paragraph commented="no" display-inline="no-display-inline" id="HCC23DCA4E86A475C9115DE250384A8EB"><enum>(2)</enum><text display-inline="yes-display-inline">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.</text>
</paragraph></subsection><subsection commented="no" display-inline="no-display-inline" id="idCFC16064314F4433A59C2D4943F87A01"><enum>(b)</enum><header display-inline="yes-display-inline">Counterterrorism programs</header><text>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.</text>
</subsection><subsection commented="no" display-inline="no-display-inline" id="idEAC2691007524041A655F0A4732F200B"><enum>(c)</enum><header display-inline="yes-display-inline">Crisis Response</header><text display-inline="yes-display-inline">Notwithstanding any other provision of law,
up to $10,000,000 of the funds appropriated by this Act under the heading
<quote>Global Health Programs</quote> for HIV/AIDS activities may be
transferred to, and merged with, funds appropriated under the headings
<quote>Economic Support Fund</quote> and <quote>Transition Initiatives</quote>
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:
<proviso><italic>Provided</italic></proviso>, That the authority of
this subsection shall be subject to prior consultation with the Committees on
Appropriations.</text>
</subsection><subsection commented="no" display-inline="no-display-inline" id="id2CF48679CC5C4C7F8846D9E010AADD99"><enum>(d)</enum><header display-inline="yes-display-inline">Expanded international military education
and training</header>
<paragraph commented="no" display-inline="no-display-inline" id="HD9F6DA6177F04F59AFB07222D49418FE"><enum>(1)</enum><text display-inline="yes-display-inline">Funds appropriated under the heading
<quote>International Military Education and Training</quote> (IMET) in this Act
that are made available for assistance for Angola, Cameroon, Central African
Republic, Chad, Côte d’Ivoire, Guinea and Zimbabwe may be made available only
for training related to international peacekeeping operations and expanded
IMET:
<proviso><italic>Provided</italic></proviso>, That the limitation
included in this paragraph shall not apply to courses that support training in
maritime security for Angola and Cameroon.</text>
</paragraph><paragraph commented="no" display-inline="no-display-inline" id="H4F9EFFEEEECB417D88CDDDEE7F00105F"><enum>(2)</enum><text display-inline="yes-display-inline">None of the funds appropriated under the
heading <quote>International Military Education and Training</quote> in this
Act may be made available for assistance for Equatorial Guinea or
Somalia.</text>
</paragraph></subsection><subsection commented="no" display-inline="no-display-inline" id="H2ECE869202DE40028649E636E6A4B88B"><enum>(e)</enum><header display-inline="yes-display-inline">Ethiopia</header>
<paragraph commented="no" display-inline="no-display-inline" id="HCB9FEE4290AD4252A1C9C7DDB4DDA0E6"><enum>(1)</enum><text display-inline="yes-display-inline">Funds appropriated by this Act under the
heading <quote>Foreign Military Financing Program</quote> that are available
for assistance for Ethiopia shall not be made available unless the Secretary of
State—</text>
<subparagraph commented="no" display-inline="no-display-inline" id="H280D740228AC44FBA4C546CD527CDF15"><enum>(A)</enum><text display-inline="yes-display-inline">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</text>
</subparagraph><subparagraph commented="no" display-inline="no-display-inline" id="HE70CA325594D44A2BEB4DB6DBD8DD6EE"><enum>(B)</enum><text display-inline="yes-display-inline">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.</text>
</subparagraph></paragraph><paragraph commented="no" display-inline="no-display-inline" id="H7952DC3D4F234F4297F5FAC925E7AD85"><enum>(2)</enum><text display-inline="yes-display-inline">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.</text>
</paragraph></subsection><subsection commented="no" display-inline="no-display-inline" id="idA9FEACBD33274B45A878C878D1E4DFBE"><enum>(f)</enum><header>Sudan
limitation on assistance</header>
<paragraph commented="no" display-inline="no-display-inline" id="id4537C06A7EB042F2A02D7712761DF12F"><enum>(1)</enum><text display-inline="yes-display-inline">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.</text>
</paragraph><paragraph commented="no" display-inline="no-display-inline" id="idB0C58C6EEC8E4C51B855638E5D2AEC0E"><enum>(2)</enum><text display-inline="yes-display-inline">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.</text>
</paragraph><paragraph commented="no" display-inline="no-display-inline" id="id403D01014BBD4A84B56B56C2D806D14A"><enum>(3)</enum><text display-inline="yes-display-inline">The limitations of paragraphs (1) and (2)
shall not apply to—</text>
<subparagraph commented="no" display-inline="no-display-inline" id="idC8341F23468D4F86A01783B5DD7EC346"><enum>(A)</enum><text display-inline="yes-display-inline">humanitarian assistance;</text>
</subparagraph><subparagraph commented="no" display-inline="no-display-inline" id="idB3FF08D26ACA42818B08922A30CE9403"><enum>(B)</enum><text display-inline="yes-display-inline">assistance for the Darfur region, Southern
Kordofan/Nuba Mountains State, Blue Nile State, other marginalized areas and
populations in Sudan, and Abyei; and</text>
</subparagraph><subparagraph commented="no" display-inline="no-display-inline" id="id31D7619714A74C9E910F01BD6C354C73"><enum>(C)</enum><text display-inline="yes-display-inline">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.</text>
</subparagraph></paragraph></subsection><subsection commented="no" display-inline="no-display-inline" id="HF3BFBD27650F489C89077D0A4ADA355F"><enum>(g)</enum><header display-inline="yes-display-inline">South Sudan</header>
<paragraph commented="no" display-inline="no-display-inline" id="id158F87A3051E495AA0841F90CECE94F4"><enum>(1)</enum><text display-inline="yes-display-inline">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.</text>
</paragraph><paragraph commented="no" display-inline="no-display-inline" id="id273BDCB7168348EEB750757BC65CE81B"><enum>(2)</enum><text display-inline="yes-display-inline">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—</text>
<subparagraph commented="no" display-inline="no-display-inline" id="id98382F02AF3E4DDD8B6DC307CFA69FCC"><enum>(A)</enum><text display-inline="yes-display-inline">supporting freedom of expression, the
establishment of democratic institutions including an independent judiciary,
parliament, and security forces that are accountable to civilian authority;
and</text>
</subparagraph><subparagraph commented="no" display-inline="no-display-inline" id="id9D27AED5F7764FC28E72868700C993E3"><enum>(B)</enum><text display-inline="yes-display-inline">investigating and punishing members of
security forces who have violated human rights.</text>
</subparagraph></paragraph><paragraph commented="no" display-inline="no-display-inline" id="idE989CA52E444438E967FE7F891F6D4D2"><enum>(3)</enum><text display-inline="yes-display-inline">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:
<proviso><italic>Provided</italic></proviso>, 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.</text>
</paragraph></subsection><subsection commented="no" display-inline="no-display-inline" id="idD8F74B34CD0846CF9E15C846021ADD4C"><enum>(h)</enum><header display-inline="yes-display-inline">Uganda</header><text display-inline="yes-display-inline">Funds appropriated by this Act should be
made available for programs and activities in areas affected by the Lord’s
Resistance Army.</text>
</subsection><subsection commented="no" display-inline="no-display-inline" id="HB682BB5FCB9848458AEE15E2CB34EB59"><enum>(i)</enum><header display-inline="yes-display-inline">War crimes in africa</header>
<paragraph commented="no" display-inline="no-display-inline" id="idC7AB09110FA4400D8171272E3314D69A"><enum>(1)</enum><text display-inline="yes-display-inline">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.</text>
</paragraph><paragraph commented="no" display-inline="no-display-inline" id="H8EBE32E5979F447D83963B712BDB1742"><enum>(2)</enum><text display-inline="yes-display-inline">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:
<proviso><italic>Provided</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, 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.</text>
</paragraph><paragraph commented="no" display-inline="no-display-inline" id="H7C36D67E21894675921F74B67C5310B8"><enum>(3)</enum><text display-inline="yes-display-inline">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:
<proviso><italic>Provided</italic></proviso>, That prior to
exercising such waiver authority, the President shall submit a report to the
Committees on Appropriations, in classified form if necessary, on—</text>
<subparagraph commented="no" display-inline="no-display-inline" id="HBC3B9F12F0044C79B04E21B3B39FC7BE"><enum>(A)</enum><text display-inline="yes-display-inline">the steps being taken to obtain the
cooperation of the government in apprehending and surrendering the indictee in
question to the court of jurisdiction;</text>
</subparagraph><subparagraph commented="no" display-inline="no-display-inline" id="HD48796A011A74124A74E7C4A62A22882"><enum>(B)</enum><text display-inline="yes-display-inline">a strategy, including a timeline, for
bringing the indictee before such court; and</text>
</subparagraph><subparagraph commented="no" display-inline="no-display-inline" id="HE7357F56246D4459BAA1867644A4956E"><enum>(C)</enum><text display-inline="yes-display-inline">the justification for exercising the waiver
authority.</text>
</subparagraph></paragraph></subsection><subsection commented="no" display-inline="no-display-inline" id="H8BDA93AF16844AC9820BAB85207B9E76"><enum>(j)</enum><header display-inline="yes-display-inline">Zimbabwe</header>
<paragraph commented="no" display-inline="no-display-inline" id="H582C1A997C6A4E7FA2A36BA268A46C5A"><enum>(1)</enum><text display-inline="yes-display-inline">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.</text>
</paragraph><paragraph commented="no" display-inline="no-display-inline" id="H27ED86AD5825498CB5D7D928263AD433"><enum>(2)</enum><text display-inline="yes-display-inline">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).</text>
</paragraph></subsection></section><appropriations-small commented="no" id="H4058451807FE44C5976C3969E6616DA7"><header display-inline="yes-display-inline">Asia</header>
</appropriations-small><section commented="no" display-inline="no-display-inline" id="H0194C27773FD4CF187FD40EADA1E5D16" section-type="subsequent-section"><enum>7044.</enum><subsection commented="no" display-inline="yes-display-inline" id="HE392F5F008B64138AF25A961136DE1DF"><enum>(a)</enum><header display-inline="yes-display-inline">Tibet</header>
<paragraph commented="no" display-inline="no-display-inline" id="H512826AF739F4008BD8FE1BB31224141"><enum>(1)</enum><text display-inline="yes-display-inline">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.</text>
</paragraph><paragraph commented="no" display-inline="no-display-inline" id="H2376DB2B595A443C96F9F69792450C13"><enum>(2)</enum><text display-inline="yes-display-inline">Notwithstanding any other provision of law,
funds appropriated by this Act under the heading <quote>Economic Support
Fund</quote> 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.</text>
</paragraph></subsection><subsection commented="no" display-inline="no-display-inline" id="H622A66A22BA44BFE86FCB7F7E5E9DE7B"><enum>(b)</enum><header display-inline="yes-display-inline">Burma</header>
<paragraph commented="no" display-inline="no-display-inline" id="H6C941C47822C4B7EB08C750C0B553737"><enum>(1)</enum><text display-inline="yes-display-inline">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.</text>
</paragraph><paragraph commented="no" display-inline="no-display-inline" id="HCE174A15B8834C0FAAFD2E16924CBFCA"><enum>(2)</enum><text display-inline="yes-display-inline">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:
<proviso><italic>Provided</italic></proviso>, 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:
<proviso><italic> Provided further,</italic></proviso> 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:
<proviso><italic>Provided further</italic></proviso>, 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.</text>
</paragraph></subsection><subsection commented="no" display-inline="no-display-inline" id="H8E846F02734148A583195647A885FFAF"><enum>(c)</enum><header display-inline="yes-display-inline">Cambodia</header><text display-inline="yes-display-inline">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.</text>
</subsection><subsection commented="no" display-inline="no-display-inline" id="H46560B6D656B4D7A91C32B21696CFD4A"><enum>(d)</enum><header display-inline="yes-display-inline">Indonesia</header><text>Of the funds
appropriated by this Act under the heading <quote>Foreign Military Financing
Program</quote> 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.</text>
</subsection><subsection id="H5EC7F12BF5874E04BEF5CBCA90654D9D"><enum>(e)</enum><header>North
Korea</header><text display-inline="yes-display-inline">None of the funds made
available by this Act under the heading <quote>Economic Support Fund</quote>
may be made available for energy-related assistance for North Korea.</text>
</subsection><subsection commented="no" display-inline="no-display-inline" id="HCA97D74B579B415585C8BEC0FC178054"><enum>(f)</enum><header display-inline="yes-display-inline">People's Republic of China</header>
<paragraph commented="no" display-inline="no-display-inline" id="H6202D259DBC1477E9EF4D8BC4852354E"><enum>(1)</enum><text display-inline="yes-display-inline">None of the funds appropriated under the
heading <quote>Diplomatic and Consular Programs</quote> 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.</text>
</paragraph><paragraph commented="no" display-inline="no-display-inline" id="HCFBB019E41DD4157B81A114CA4A1A94D"><enum>(2)</enum><text display-inline="yes-display-inline">The terms and requirements of section
620(h) of the <act-name parsable-cite="FAA61">Foreign Assistance Act of
1961</act-name> 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:
<proviso><italic>Provided</italic></proviso>, 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.</text>
</paragraph></subsection><subsection commented="no" display-inline="no-display-inline" id="HB14268935E6D424CB222028F9DA3CA4C"><enum>(g)</enum><header display-inline="yes-display-inline">Philippines</header><text display-inline="yes-display-inline">Of the funds appropriated by this Act under
the heading <quote>Foreign Military Financing Program</quote> 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.</text>
</subsection><subsection commented="no" display-inline="no-display-inline" id="H5130FAF919EA4DFDAE6111B68E6AA3DE"><enum>(h)</enum><header display-inline="yes-display-inline">Vietnam</header><text display-inline="yes-display-inline">Funds appropriated under the heading
<quote>Economic Support Fund</quote> 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 <quote>Development Assistance</quote> shall be made
available for related health/disability activities.</text>
</subsection></section><appropriations-small id="HF2E6F9D97C894FFAAC223C5CB368E0A1"><header>western
hemisphere</header>
</appropriations-small><section id="H44704C8BE99C48C3BEF0BE0641D6175F"><enum>7045.</enum><subsection commented="no" display-inline="yes-display-inline" id="H888AB6A72DAD490F955C85ED7E0A9FC6"><enum>(a)</enum><header>colombia</header>
<paragraph id="idDB92D137A7E34A7189F6C99B2D485AF0"><enum>(1)</enum><text display-inline="yes-display-inline">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:
<proviso><italic>Provided</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, That rotary and
fixed wing aircraft supported with funds appropriated under the heading
<quote>International Narcotics Control and Law Enforcement</quote> 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:
<proviso><italic>Provided further</italic></proviso>, That such
aircraft may also be used to provide transport in support of alternative
development programs and investigations by civilian judicial authorities:
<proviso><italic>Provided further</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, 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.</text>
</paragraph><paragraph id="id067A2C7A397D43ABB4D21A1B6F4E296E"><enum>(2)</enum><header>Colombian armed
forces</header><text display-inline="yes-display-inline">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
explanatory statement described in section 4 (in the matter preceding division
A of this consolidated Act):
<proviso><italic>Provided</italic></proviso>, 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:
<proviso><italic> Provided further,</italic></proviso> That not less
than 30 days prior to making the certification the Secretary of State shall
consult with Colombian and international human rights organizations.</text>
</paragraph><paragraph id="id57B00F1F3F914ECE9ECEB3BDBDCCC7A1"><enum>(3)</enum><header>Illegal armed
groups</header>
<subparagraph id="id7F9C8B85CE9F410AB40C506170769FDE"><enum>(A)</enum><header>Denial of
visas</header><text display-inline="yes-display-inline">Subject to paragraph
(B), the Secretary of State shall not issue a visa to any alien who the
Secretary determines, based on credible information—</text>
<clause id="id96E2D3773D0C4C558A7CDE824B4DAAB5"><enum>(i)</enum><text display-inline="yes-display-inline">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</text>
</clause><clause id="id6C1AB14614EA44B5ACE051E037B831D1"><enum>(ii)</enum><text display-inline="yes-display-inline">has committed, ordered, incited, assisted,
or otherwise participated in the commission of a violation of human rights in
Colombia.</text>
</clause></subparagraph><subparagraph id="id966D78CDE47B4017A333E33603573111"><enum>(B)</enum><header>Waiver</header><text display-inline="yes-display-inline">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.</text>
</subparagraph></paragraph></subsection><subsection id="id01D5FE8B2A254678A3A72FB33FDABBD3"><enum>(b)</enum><header display-inline="yes-display-inline">Guatemala</header><text>Funds appropriated
by this Act under the headings <quote>International Military Education and
Training</quote> (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:
<proviso><italic>Provided</italic></proviso>, That expanded IMET may
be made available for assistance for the Guatemalan Army.</text>
</subsection><subsection commented="no" display-inline="no-display-inline" id="id79B0863951454745930AF807C958314A"><enum>(c)</enum><header display-inline="yes-display-inline">Haiti</header><text>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.</text>
</subsection><subsection commented="no" display-inline="no-display-inline" id="id1B1EFBB2BFDB431FAE87B874CE51C5EC"><enum>(d)</enum><header display-inline="yes-display-inline">Honduras</header><text display-inline="yes-display-inline">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:
<proviso><italic>Provided</italic></proviso>, 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.</text>
</subsection><subsection id="idE0FCEB2A79584F71B77A292D2042AE91"><enum>(e)</enum><header>mexico</header><text display-inline="yes-display-inline">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:
<proviso><italic>Provided</italic></proviso>, 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.</text>
</subsection><subsection commented="no" display-inline="no-display-inline" id="id3E9D76EC866E438998AB9F651D7235B0"><enum>(f)</enum><header display-inline="yes-display-inline">Trade
capacity</header><text display-inline="yes-display-inline">Of the funds
appropriated by this Act, not less than $10,000,000 under the heading
<quote>Development Assistance</quote> and not less than $10,000,000 under the
heading <quote>Economic Support Fund</quote> 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.</text>
</subsection><subsection commented="no" display-inline="no-display-inline" id="H27A546DB4E6A48D7BB9E64AFB799909D"><enum>(g)</enum><header>Aircraft
operations and maintenance</header><text>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.</text>
</subsection></section><appropriations-small commented="no" id="id74D3482E8EB44D9F8564A7B1A1C8C0A9"><header display-inline="yes-display-inline">South Asia </header>
</appropriations-small><section commented="no" display-inline="no-display-inline" id="id6A86CC062FFB421DAFAE3BB5F8DF1DE9" section-type="subsequent-section"><enum>7046.</enum><subsection commented="no" display-inline="yes-display-inline" id="idDB31EB28CFBC40958A82106BFEA02895"><enum>(a)</enum><header display-inline="yes-display-inline">Afghanistan</header>
<paragraph commented="no" display-inline="no-display-inline" id="idDD69544A2F434D98AF4AC1B0D95C3514"><enum>(1)</enum><header display-inline="yes-display-inline">Limitation</header><text display-inline="yes-display-inline">None of the funds appropriated or otherwise
made available by this Act under the headings <quote>Economic Support
Fund</quote> and <quote>International Narcotics Control and Law
Enforcement</quote> 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—</text>
<subparagraph commented="no" display-inline="no-display-inline" id="id3DFF761119524C3595512517517E52F0"><enum>(A)</enum><text display-inline="yes-display-inline">The funds will be used to design and
support programs in accordance with the June 2011 “Administrator’s
Sustainability Guidance for USAID in Afghanistan”.</text>
</subparagraph><subparagraph commented="no" display-inline="no-display-inline" id="idB14BAD09F33A4EBE94B9417525173336"><enum>(B)</enum><text display-inline="yes-display-inline">The Government of Afghanistan is—</text>
<clause commented="no" display-inline="no-display-inline" id="id2F466F453DBD48CBBAB726099F83A2B8"><enum>(i)</enum><text display-inline="yes-display-inline">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;</text>
</clause><clause commented="no" display-inline="no-display-inline" id="id75A0C42A35F443F0A641ABB64D686B70"><enum>(ii)</enum><text display-inline="yes-display-inline">taking credible steps to protect the human
rights of Afghan women; and</text>
</clause><clause id="idFD0CB8CCFD1A4CB3AD84AAB2448B60FF"><enum>(iii)</enum><text display-inline="yes-display-inline">taking significant steps to facilitate
active public participation in governance and oversight.</text>
</clause></subparagraph><subparagraph commented="no" display-inline="no-display-inline" id="id2B032D8A741E4FFDB368F810EF023C95"><enum>(C)</enum><text display-inline="yes-display-inline">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.</text>
</subparagraph><subparagraph commented="no" display-inline="no-display-inline" id="idD317FBED47A848A8ABD408CB8C3A5276"><enum>(D)</enum><text display-inline="yes-display-inline">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.</text>
</subparagraph></paragraph><paragraph commented="no" display-inline="no-display-inline" id="id5A97555DB96141E9AFC8A89D22B8DA71"><enum>(2)</enum><header display-inline="yes-display-inline">Assistance and operations</header>
<subparagraph commented="no" display-inline="no-display-inline" id="id0C0716A5A2EC497F800966654BB668E8"><enum>(A)</enum><text display-inline="yes-display-inline">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.</text>
</subparagraph><subparagraph commented="no" display-inline="no-display-inline" id="idC66D2B0747A74C5D9144C463BEDE089B"><enum>(B)</enum><text display-inline="yes-display-inline">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—</text>
<clause commented="no" display-inline="no-display-inline" id="id24A1BA2A30024CA3AFCF7ABA9D5D15F2"><enum>(i)</enum><text display-inline="yes-display-inline">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;</text>
</clause><clause commented="no" display-inline="no-display-inline" id="id45585AA7E16F47909B7EACBD8D9A2002"><enum>(ii)</enum><text display-inline="yes-display-inline">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:
<proviso><italic>Provided</italic>,</proviso> That funds may be made
available to support reconciliation and reintegration activities only
if:</text>
<subclause commented="no" display-inline="no-display-inline" id="id702BA34881DE4DC69B1979FC7F568CB6"><enum>(I)</enum><text display-inline="yes-display-inline">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</text>
</subclause><subclause commented="no" display-inline="no-display-inline" id="idDDFE865D12CD4F2E90FFA69088F283AF"><enum>(II)</enum><text display-inline="yes-display-inline">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</text>
</subclause></clause><clause commented="no" display-inline="no-display-inline" id="idF51DF5D62B664E3697EFB1E1B98FD38A"><enum>(iii)</enum><text display-inline="yes-display-inline">may be made available for a United States
contribution to the North Atlantic Treaty Organization/International Security
Assistance Force Post-Operations Humanitarian Relief Fund.</text>
</clause></subparagraph><subparagraph commented="no" display-inline="no-display-inline" id="id4461BAA17C0F4020B74E54A8C5D07379"><enum>(C)</enum><text display-inline="yes-display-inline">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.</text>
</subparagraph><subparagraph commented="no" display-inline="no-display-inline" id="id1D3598882D5D4B46A0BF72A3D315C33A"><enum>(D)</enum><clause commented="no" display-inline="yes-display-inline" id="id6317F4A5B2154C16AC8F24C3CF9F3F9E"><enum>(i)</enum><text display-inline="yes-display-inline">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:
<proviso><italic>Provided</italic></proviso>, 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:
<proviso><italic> Provided further,</italic></proviso> That $250,000
of such funds shall be transferred to, and merged with, funds appropriated
under the heading <quote>Office of Inspector General</quote> in title I of this
Act for oversight of such programs and activities.</text>
</clause><clause commented="no" display-inline="no-display-inline" id="id6A122CC070BD4CCCA2310DEC07400D1D" indent="up1"><enum>(ii)</enum><text display-inline="yes-display-inline">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.</text>
</clause></subparagraph><subparagraph commented="no" display-inline="no-display-inline" id="id262ABE314BFF478293E783072B82DB5C"><enum>(E)</enum><text display-inline="yes-display-inline">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.</text>
</subparagraph><subparagraph commented="no" display-inline="no-display-inline" id="id6288CC42484B4EF8982D9EB7964B169D"><enum>(F)</enum><text display-inline="yes-display-inline">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.</text>
</subparagraph><subparagraph id="idE3B492C7C5C24EE2A023A31115F63693"><enum>(G)</enum><text display-inline="yes-display-inline">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.</text>
</subparagraph><subparagraph id="id3BFD6987DB8A431CA901CD6914C9AA43"><enum>(H)</enum><text display-inline="yes-display-inline">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.</text>
</subparagraph></paragraph><paragraph commented="no" display-inline="no-display-inline" id="id0E84C975BF5041FF9729879660DE4E8C"><enum>(3)</enum><header display-inline="yes-display-inline">Oversight</header><text>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.</text>
</paragraph></subsection><subsection commented="no" display-inline="no-display-inline" id="ID6825CCFF4A7C4BC6B1771343DCA2256C"><enum>(b)</enum><header display-inline="yes-display-inline">Nepal</header>
<paragraph commented="no" display-inline="no-display-inline" id="id7D67676735F84A0186B61250B29111F9"><enum>(1)</enum><text display-inline="yes-display-inline">Funds appropriated by this Act under the
heading <quote>Foreign Military Financing Program</quote> 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—</text>
<subparagraph commented="no" display-inline="no-display-inline" id="ID6BFD6036E6254C6695D194DAE8A88440"><enum>(A)</enum><text display-inline="yes-display-inline">cooperating fully with investigations and
prosecutions of violations of human rights by civilian judicial authorities;
and</text>
</subparagraph><subparagraph commented="no" display-inline="no-display-inline" id="ID07C4D5875FBE4552BA8337F62F4A7198"><enum>(B)</enum><text display-inline="yes-display-inline">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.</text>
</subparagraph></paragraph><paragraph commented="no" display-inline="no-display-inline" id="ID8D45C8166EF142B593AEB38D48AACE01"><enum>(2)</enum><text display-inline="yes-display-inline">The conditions in paragraph (1) shall not
apply to assistance for humanitarian relief and reconstruction activities in
Nepal.</text>
</paragraph></subsection><subsection commented="no" display-inline="no-display-inline" id="id87E90D3097004ECEBB4B6629C7549730"><enum>(c)</enum><header display-inline="yes-display-inline">Pakistan</header>
<paragraph id="id48BDDA43AB9D45678B6881008ED6BD02"><enum>(1)</enum><header>Certification</header>
<subparagraph id="id9E60AEF184B541D1B7CA8D8BD0CDB268"><enum>(A)</enum><text display-inline="yes-display-inline">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—</text>
<clause id="id789C35077D434130A95BCFBD467D2E66"><enum>(i)</enum><text display-inline="yes-display-inline">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;</text>
</clause><clause id="id21728F3631D541E795B83B2779847C9B"><enum>(ii)</enum><text display-inline="yes-display-inline">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;</text>
</clause><clause id="id6A6C9C9BFF5D4CA2B8351A5E71E81453"><enum>(iii)</enum><text display-inline="yes-display-inline">dismantling improvised explosive device
(IED) networks and interdicting precursor chemicals used in the manufacture of
IEDs;</text>
</clause><clause id="id482ABB66004540E1A3183ADF08719AAE"><enum>(iv)</enum><text display-inline="yes-display-inline">preventing the proliferation of
nuclear-related material and expertise;</text>
</clause><clause id="idB53BF5E06FDD46A0992FBAC30EF10EBB"><enum>(v)</enum><text display-inline="yes-display-inline">issuing visas in a timely manner for United
States visitors engaged in counterterrorism efforts and assistance programs in
Pakistan; and</text>
</clause><clause id="idE0EF4379C47042A59F3E6933BD5E6233"><enum>(vi)</enum><text display-inline="yes-display-inline">providing humanitarian organizations access
to detainees, internally displaced persons, and other Pakistani civilians
affected by the conflict.</text>
</clause></subparagraph><subparagraph id="idECF254158BF24BCBA78C619A6CF64495"><enum>(B)</enum><text display-inline="yes-display-inline">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.</text>
</subparagraph></paragraph><paragraph id="idA266D970B02A476D963711E2B04117AC"><enum>(2)</enum><header>Assistance</header>
<subparagraph id="id09649842698B44F6A09200F485C2556F"><enum>(A)</enum><text display-inline="yes-display-inline">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.</text>
</subparagraph><subparagraph id="id179041A42AEA41B38E5B0826EB116400"><enum>(B)</enum><text display-inline="yes-display-inline">Funds appropriated by this Act under the
heading <quote>Economic Support Fund</quote> 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.</text>
</subparagraph><subparagraph id="id88B218079745410B81A18EB78DB3714D"><enum>(C)</enum><text display-inline="yes-display-inline">Of the funds appropriated by this Act under
the heading <quote>Economic Support Fund</quote> 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.</text>
</subparagraph><subparagraph id="id46FE6887C96A4D268BAEC5232B80063E"><enum>(D)</enum><text display-inline="yes-display-inline">Funds appropriated by this Act under the
heading <quote>Economic Support Fund</quote> 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.</text>
</subparagraph><subparagraph id="id26D71CE23C2F44CBBD55854BACAD51C9"><enum>(E)</enum><text display-inline="yes-display-inline">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)).</text>
</subparagraph><subparagraph id="idCD453D41F6234A4888FCC7462C92DF2F"><enum>(F)</enum><text display-inline="yes-display-inline">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.</text>
</subparagraph></paragraph><paragraph id="idB42D5CF58D7F4AF7BAF0F924C25C6247"><enum>(3)</enum><header>Reports</header>
<subparagraph id="id0F9701020E084F83BCD4D67B1CACC39E"><enum>(A)</enum><clause commented="no" display-inline="yes-display-inline" id="id204D6C70CCB343A79E340F82594E5EA5"><enum>(i)</enum><text display-inline="yes-display-inline">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:
<proviso><italic>Provided</italic></proviso>, That such benchmarks
may incorporate those required in title III of Public Law 111–73, as
appropriate:
<proviso><italic>Provided further</italic>,</proviso> 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.</text>
</clause><clause id="idBF571C89AF5C4C8BBA1A3F1CA69CDC8D" indent="up1"><enum>(ii)</enum><text display-inline="yes-display-inline">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.</text>
</clause></subparagraph><subparagraph id="id54C244EFD13F46B483A1DC87739F387D"><enum>(B)</enum><text display-inline="yes-display-inline">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.</text>
</subparagraph></paragraph></subsection><subsection commented="no" display-inline="no-display-inline" id="IDEDE7FB3B42DB44818193F3F06AA8C5E7"><enum>(d)</enum><header display-inline="yes-display-inline">Sri Lanka</header>
<paragraph commented="no" display-inline="no-display-inline" id="ID9A070B51878C493A85497FB14A875C27"><enum>(1)</enum><text display-inline="yes-display-inline">None of the funds appropriated by this Act
under the heading <quote>Foreign Military Financing Program</quote> 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—</text>
<subparagraph commented="no" display-inline="no-display-inline" id="IDE28FA7F1F1BE4BD3A497A0BFBAC691A1"><enum>(A)</enum><text display-inline="yes-display-inline">conducting credible, thorough
investigations of alleged war crimes and violations of international
humanitarian law by government forces and the Liberation Tigers of Tamil
Eelam;</text>
</subparagraph><subparagraph commented="no" display-inline="no-display-inline" id="IDBEAEFB6F6DE04734A39FF9D9188F49A4"><enum>(B)</enum><text display-inline="yes-display-inline">bringing to justice individuals who have
been credibly alleged to have committed such violations;</text>
</subparagraph><subparagraph commented="no" display-inline="no-display-inline" id="ID2684F850160A40A690AEBD4B82B2BF13"><enum>(C)</enum><text display-inline="yes-display-inline">supporting and cooperating with any United
Nations investigation of alleged war crimes and violations of international
humanitarian law;</text>
</subparagraph><subparagraph commented="no" display-inline="no-display-inline" id="IDB24FFC1AB65E49418ED7C5C0F480D05F"><enum>(D)</enum><text display-inline="yes-display-inline">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;</text>
</subparagraph><subparagraph commented="no" display-inline="no-display-inline" id="ID6E1CF5DED5304129BB85906AF3DFEC71"><enum>(E)</enum><text display-inline="yes-display-inline">providing access to detainees by
humanitarian organizations; and</text>
</subparagraph><subparagraph commented="no" display-inline="no-display-inline" id="IDE122732149744ED588C3E2769F6C5BD6"><enum>(F)</enum><text display-inline="yes-display-inline">implementing policies to promote
reconciliation and justice including devolution of power.</text>
</subparagraph></paragraph><paragraph commented="no" display-inline="no-display-inline" id="ID0C3E983ADC984751801D8D54014A4C36"><enum>(2)</enum><text display-inline="yes-display-inline">Paragraph (1) shall not apply to assistance
for humanitarian demining and aerial and maritime surveillance.</text>
</paragraph><paragraph commented="no" display-inline="no-display-inline" id="ID71D5BA0FAF6F4D23966A274596DC9E7C"><enum>(3)</enum><text display-inline="yes-display-inline">If the Secretary makes the certification
required in paragraph (1), funds appropriated under the heading <quote>Foreign
Military Financing Program</quote> 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.</text>
</paragraph><paragraph commented="no" display-inline="no-display-inline" id="ID6349C92AC83648C8B01310C60A6AF918"><enum>(4)</enum><text display-inline="yes-display-inline">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.</text>
</paragraph></subsection><subsection id="idC4CDD1CE71654E4D9928D67A6884FD14"><enum>(e)</enum><header>Regional cross
border programs</header><text display-inline="yes-display-inline">Funds
appropriated by this Act under the heading <quote>Economic Support Fund</quote>
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.</text>
</subsection></section><appropriations-small commented="no" id="HDFD1623B71DE4C68A9AA3A76D5879A79"><header display-inline="yes-display-inline">Prohibition of payments to united nations
members</header>
</appropriations-small><section commented="no" display-inline="no-display-inline" id="HF5C234283FDF43B095EF324EE18DF0D0" section-type="subsequent-section"><enum>7047.</enum><text display-inline="yes-display-inline">None of the funds appropriated or made
available pursuant to titles III through VI of this Act for carrying out the
<act-name parsable-cite="FAA61">Foreign Assistance Act of 1961</act-name>, 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 <act-name parsable-cite="FAA61">Foreign
Assistance Act of 1961</act-name>, the costs for participation of another
country's delegation at international conferences held under the auspices of
multilateral or international organizations.</text>
<appropriations-small commented="no" id="id7C4317E5690C4A558F280049388F030E"><header display-inline="yes-display-inline">War crimes tribunals
drawdown</header>
</appropriations-small></section><section commented="no" display-inline="no-display-inline" id="id4026E5C291EA4C57BFF3CE4DF406B60E" section-type="subsequent-section"><enum>7048.</enum><text display-inline="yes-display-inline">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 <act-name parsable-cite="FAA61">Foreign Assistance Act of 1961</act-name> 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:
<proviso><italic>Provided,</italic></proviso> That the determination
required under this section shall be in lieu of any determinations otherwise
required under section 552(c):
<proviso><italic>Provided further,</italic></proviso> That funds made
available pursuant to this section shall be made available subject to the
regular notification procedures of the Committees on Appropriations.</text>
<appropriations-small id="id0D9309D515344C679EA54729957B94A1"><header>UNITED
NATIONS</header>
</appropriations-small></section><section id="id497B57BA5CD94CC8830855E9DCE481A8"><enum>7049.</enum><subsection commented="no" display-inline="yes-display-inline" id="idA86C669BB26041E0A8CDB01DFC7A25C6"><enum>(a)</enum><header>Transparency and
accountability</header>
<paragraph id="idAFCCD0E1124749EDBC590590FC1663D7"><enum>(1)</enum><text>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—</text>
<subparagraph id="idDEB4AE9698CD487CA8AC39E0DD0C57C7"><enum>(A)</enum><text>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</text>
</subparagraph><subparagraph id="idDF330D04E0E746C3BA92EF173F279EC5"><enum>(B)</enum><text>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.</text>
</subparagraph></paragraph><paragraph id="idAD7ED510DE094771BB5A8C818C51CD20"><enum>(2)</enum><text>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.</text>
</paragraph></subsection><subsection id="idC2DDEC70596D40EA951E1C7AC0589B9B"><enum>(b)</enum><header>Restrictions on
united nations delegations and organizations</header>
<paragraph id="idC72C64DFDE054FAFB0F599647DCCD0CD"><enum>(1)</enum><text display-inline="yes-display-inline">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.</text>
</paragraph><paragraph id="id5A2A51D7C11142B8BED4F46CF1A1BAB9"><enum>(2)</enum><text display-inline="yes-display-inline">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.</text>
</paragraph><paragraph id="id1E2414647FBD4BFBB4BCC8248CFAEF7F"><enum>(3)</enum><text display-inline="yes-display-inline">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.</text>
</paragraph></subsection><subsection id="idE97721C302CF46ACBDDAB80915CB0F77"><enum>(c)</enum><header>United nations
human rights council</header><text display-inline="yes-display-inline">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:
<proviso><italic>Provided</italic></proviso>, 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.</text>
</subsection><subsection id="id49E6729A81964DFD8346F2F56428D184"><enum>(d)</enum><header>United nations
relief and works agency</header><text display-inline="yes-display-inline">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 <quote>Migration and Refugee Assistance</quote> in title XI shall apply
to funds made available by this Act under such heading.</text>
</subsection><subsection id="idA727CE1237464BBFA0C955EA3BCE3FB4"><enum>(e)</enum><header>United nations
capital master plan</header><text display-inline="yes-display-inline">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.</text>
</subsection><subsection commented="no" id="id01E0F63573FC4241A8A4E3E817A09F69"><enum>(f)</enum><header>Reporting
requirement</header><text display-inline="yes-display-inline">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:
<proviso><italic>Provided</italic></proviso>, That the Secretary of
State shall update such report each time additional funds are withheld by
operation of any provision of law:
<proviso><italic> Provided further,</italic></proviso> 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.</text>
</subsection></section><appropriations-small id="H7B934C3164DD48929361EE4F594E3B89"><header>Community-based police
assistance</header>
</appropriations-small><section id="id770E0A01B43340D78FEE87EBDFA6A24F"><enum>7050.</enum><subsection commented="no" display-inline="yes-display-inline" id="id02B22234C56F4242AFF4595F0EB70D1E"><enum>(a)</enum><header>Authority</header><text>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.</text>
</subsection><subsection commented="no" display-inline="no-display-inline" id="HF40976EB50BB40CEA9D5EF3F6DA21F9D"><enum>(b)</enum><header display-inline="yes-display-inline">Notification</header><text display-inline="yes-display-inline">Assistance provided under subsection (a)
shall be subject to the regular notification procedures of the Committees on
Appropriations.</text>
</subsection></section><appropriations-small commented="no" id="HCDEDE8B2A8F74744841EF052229E0125"><header display-inline="yes-display-inline">Attendance at international
conferences</header>
</appropriations-small><section commented="no" display-inline="no-display-inline" id="H6299147DA6244413B3FA4C4ED8BABEEE" section-type="subsequent-section"><enum>7051.</enum><text display-inline="yes-display-inline">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:
<proviso><italic>Provided,</italic></proviso> That for purposes of
this section the term <term>international conference</term> shall mean a
conference attended by representatives of the United States Government and of
foreign governments, international organizations, or nongovernmental
organizations.</text>
<appropriations-small commented="no" id="H51B3AB3FA56745D9B7D92244A1DB4727"><header display-inline="yes-display-inline">Aircraft transfer and
coordination</header>
</appropriations-small></section><section commented="no" display-inline="no-display-inline" id="H9B8A510B1666433484C30CD51B2E78F4" section-type="subsequent-section"><enum>7052.</enum><subsection commented="no" display-inline="yes-display-inline" id="H36D61BB503D54682A3794124E8C88540"><enum>(a)</enum><header display-inline="yes-display-inline">Transfer authority</header><text display-inline="yes-display-inline">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 <quote>Diplomatic and Consular
Programs</quote>, <quote>International Narcotics Control and Law
Enforcement</quote>, <quote>Andean Counterdrug Initiative</quote> and
<quote>Andean Counterdrug Programs</quote> 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:
<proviso><italic>Provided</italic></proviso>, 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.</text>
</subsection><subsection commented="no" display-inline="no-display-inline" id="H73464369552846BFAB3FF1FFD6493B95"><enum>(b)</enum><header display-inline="yes-display-inline">Property disposal</header><text display-inline="yes-display-inline">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:
<proviso><italic>Provided</italic></proviso>, That any such transfer
shall be subject to prior consultation with, and the regular notification
procedures of, the Committees on Appropriations.</text>
</subsection><subsection commented="no" display-inline="no-display-inline" id="HB59CC97116D14A3A9E1E45A7B9FC8436"><enum>(c)</enum><header display-inline="yes-display-inline">Aircraft coordination</header>
<paragraph commented="no" display-inline="no-display-inline" id="H249B8233D4454478AFFCAA3307D41D39"><enum>(1)</enum><text display-inline="yes-display-inline">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:
<proviso><italic>Provided</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, 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.</text>
</paragraph><paragraph commented="no" display-inline="no-display-inline" id="H203B885B6B0D492299447B60BA9C5C1C"><enum>(2)</enum><text display-inline="yes-display-inline">The requirement and authorities of this
subsection shall only apply to aircraft, the primary purpose of which is the
transportation of personnel.</text>
</paragraph></subsection></section><appropriations-small commented="no" id="H9287B8C0891B476091B3BF1E444AB91C"><header display-inline="yes-display-inline">Parking fines and real property taxes owed
by foreign governments</header>
</appropriations-small><section commented="no" display-inline="no-display-inline" id="idEC742AB6302B45029C49E9CFAA147D99" section-type="subsequent-section"><enum>7053.</enum><text display-inline="yes-display-inline">The terms and conditions of section 7055 of
division F of Public Law 111–117 shall apply to this Act:
<proviso><italic>Provided</italic></proviso>, That the date
<quote>September 30, 2009</quote> in subsection (f)(2)(B) shall be deemed to be
<quote>September 30, 2011</quote>.</text>
<appropriations-small commented="no" id="H5DCA59B790664015BA6D2803AF4C66D7"><header display-inline="yes-display-inline">Landmines and cluster
munitions</header>
</appropriations-small></section><section commented="no" display-inline="no-display-inline" id="H1E0ADA7F6D78447494336FE7CC16DCE7" section-type="subsequent-section"><enum>7054.</enum><subsection commented="no" display-inline="yes-display-inline" id="H8DE752E1C2814FB6B9620B86301C32F4"><enum>(a)</enum><header display-inline="yes-display-inline">Landmines</header><text display-inline="yes-display-inline">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.</text>
</subsection><subsection commented="no" display-inline="no-display-inline" id="H80CD7C9095594C9F86E4DB385E2FA774"><enum>(b)</enum><header display-inline="yes-display-inline">Cluster munitions</header><text display-inline="yes-display-inline">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—</text>
<paragraph commented="no" display-inline="no-display-inline" id="HBF88AF37AE3D4E3A918F6B9DF91326B7"><enum>(1)</enum><text display-inline="yes-display-inline">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</text>
</paragraph><paragraph commented="no" display-inline="no-display-inline" id="HF1EAC51274FF4EFA9646BEF322F7737E"><enum>(2)</enum><text display-inline="yes-display-inline">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.</text>
</paragraph></subsection></section><appropriations-small commented="no" id="H035E8414A9F440518FA01E55B41F8DAB"><header display-inline="yes-display-inline">Prohibition on publicity or
propaganda</header>
</appropriations-small><section commented="no" display-inline="no-display-inline" id="H1E860F5B9FE44F0FAA9599EE2FDF8882" section-type="subsequent-section"><enum>7055.</enum><text display-inline="yes-display-inline">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:
<proviso><italic>Provided,</italic></proviso> That not to exceed
$25,000 may be made available to carry out the provisions of section 316 of
Public Law 96–533.</text>
<appropriations-small commented="no" id="HD87829BAC4D74CCDBF66E03DCDA92C83"><header display-inline="yes-display-inline">Limitation on residence
expenses</header>
</appropriations-small></section><section commented="no" display-inline="no-display-inline" id="H3E9D8CAA084843F4BCC02D94B70D42A5" section-type="subsequent-section"><enum>7056.</enum><text display-inline="yes-display-inline">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:
<proviso><italic>Provided</italic></proviso>, 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.</text>
<appropriations-small commented="no" id="HD4775D3E98F749F2B7F05AC2DAB16A34"><header display-inline="yes-display-inline">United states agency for international
development management</header>
</appropriations-small><appropriations-small commented="no" id="H0E6D29C74D7340A793D4830C4FAEBAAA"><header display-inline="yes-display-inline">(including transfer of
funds)</header>
</appropriations-small></section><section commented="no" display-inline="no-display-inline" id="H46BFB6D4647C48CBBFE4AE2D4530B216" section-type="subsequent-section"><enum>7057.</enum><subsection commented="no" display-inline="yes-display-inline" id="H8EB85C38B73F4EBE883F7DBC2280F43D"><enum>(a)</enum><header display-inline="yes-display-inline">Authority</header><text display-inline="yes-display-inline">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
<act-name parsable-cite="FAA61">Foreign Assistance Act of 1961</act-name>,
including funds appropriated under the heading <quote>Assistance for Europe,
Eurasia and Central Asia</quote>, 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 <act-name parsable-cite="FSA80">Foreign Service Act
of 1980</act-name>.</text>
</subsection><subsection commented="no" display-inline="no-display-inline" id="H1311151C9F434C16B5D73E0B4257A540"><enum>(b)</enum><header display-inline="yes-display-inline">Restrictions</header>
<paragraph commented="no" display-inline="no-display-inline" id="H1A1A1877D31A4B95B5B1683A4A0A2462"><enum>(1)</enum><text display-inline="yes-display-inline">The number of individuals hired in any
fiscal year pursuant to the authority contained in subsection (a) may not
exceed 175.</text>
</paragraph><paragraph commented="no" display-inline="no-display-inline" id="HCCBD4E110E434B3FB26E5FFD5F265F8E"><enum>(2)</enum><text display-inline="yes-display-inline">The authority to hire individuals contained
in subsection (a) shall expire on September 30, 2013.</text>
</paragraph></subsection><subsection commented="no" display-inline="no-display-inline" id="HBDE5580CAC80496F9A8848DA7D4D6268"><enum>(c)</enum><header display-inline="yes-display-inline">Conditions</header><text display-inline="yes-display-inline">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
<act-name parsable-cite="FAA61">Foreign Assistance Act of 1961</act-name>,
including funds appropriated under the heading <quote>Assistance for Europe,
Eurasia and Central Asia</quote>, are eliminated.</text>
</subsection><subsection commented="no" display-inline="no-display-inline" id="HF519B12942934D88A1035C9709A79C5D"><enum>(d)</enum><header display-inline="yes-display-inline">Program account charged</header><text display-inline="yes-display-inline">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:
<proviso><italic>Provided</italic></proviso>, 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 <quote>Operating
Expenses</quote>.</text>
</subsection><subsection commented="no" display-inline="no-display-inline" id="H7863880903974DE99BA1BB0F44A67810"><enum>(e)</enum><header display-inline="yes-display-inline">Foreign service limited
extensions</header><text display-inline="yes-display-inline">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
<act-name parsable-cite="FSA80">Foreign Service Act of 1980</act-name>, may be
extended for a period of up to 4 years notwithstanding the limitation set forth
in such section.</text>
</subsection><subsection commented="no" display-inline="no-display-inline" id="H6E8ECDA6453542888949D3B7685B7882"><enum>(f)</enum><header display-inline="yes-display-inline">Disaster surge capacity</header><text display-inline="yes-display-inline">Funds appropriated under title III of this
Act to carry out part I of the <act-name parsable-cite="FAA61">Foreign
Assistance Act of 1961</act-name>, including funds appropriated under the
heading <quote>Assistance for Europe, Eurasia and Central Asia</quote>, 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.</text>
</subsection><subsection commented="no" display-inline="no-display-inline" id="H0A4632727CA645BEB59EA211A83669F7"><enum>(g)</enum><header display-inline="yes-display-inline">Personal services contractors</header><text display-inline="yes-display-inline">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:
<proviso><italic>Provided</italic></proviso>, That not more than 15
of such contractors shall be assigned to any bureau or office:
<proviso><italic>Provided further</italic></proviso>, 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.</text>
</subsection><subsection id="H42FB11A7F662456F9080215CAFDE5839"><enum>(h)</enum><header>small
business</header><text>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.</text>
</subsection><subsection commented="no" display-inline="no-display-inline" id="H99F51DEA22184180816E72D66234883A"><enum>(i)</enum><header display-inline="yes-display-inline">Senior foreign service limited
appointments</header><text display-inline="yes-display-inline">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.</text>
</subsection></section><appropriations-small commented="no" id="H3F651D37310046E1B0802D56C3ABBC58"><header display-inline="yes-display-inline">Global health
activities</header>
</appropriations-small><section commented="no" display-inline="no-display-inline" id="H1DBE9806E6DD4CA9890C6971D6858776" section-type="subsequent-section"><enum>7058.</enum><subsection commented="no" display-inline="yes-display-inline" id="id1EA5C594A2744D258C2859BC1153A928"><enum>(a)</enum><header>In
General</header><text display-inline="yes-display-inline">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 <quote>Global Health Programs</quote> 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:
<proviso><italic>Provided</italic></proviso>, 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.</text>
</subsection><subsection id="idA90FE744F2F243C78DDF5C0971D29899"><enum>(b)</enum><header>Global health
management</header>
<paragraph id="idCFCCF8A624DC41D19359EE5025D41765"><enum>(1)</enum><text display-inline="yes-display-inline">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:
<proviso><italic>Provided</italic></proviso>, That such report shall
also assess any programmatic advantages and disadvantages, including the
ability to achieve results, of making such a transition.</text>
</paragraph><paragraph id="idC94E1A2A210C4F78A355646B160C1096"><enum>(2)</enum><subparagraph commented="no" display-inline="yes-display-inline" id="idEFC0D0655FD34B9495679EF863518021"><enum>(A)</enum><text display-inline="yes-display-inline">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—</text>
<clause id="idDC111AC229BA49BA86D2A509E03325DD" indent="up1"><enum>(i)</enum><text display-inline="yes-display-inline">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</text>
<subclause id="idCBF99D774DAA40CDA331B6B8C7B595C2" indent="up1"><enum>(ii)</enum><text display-inline="yes-display-inline">the status of, and estimated completion
date for, meeting each benchmark.</text>
</subclause></clause></subparagraph><subparagraph id="idB5EA29627168462EB2EFCBCFABCF3915" indent="up1"><enum>(B)</enum><text display-inline="yes-display-inline">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:
<proviso><italic>Provided</italic></proviso>, 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.</text>
</subparagraph></paragraph></subsection><subsection id="idA7D18E6258AC43B7BF5FD76BDD3CD318"><enum>(c)</enum><header>Global fund
reforms</header>
<paragraph id="idCEC80F76EBDF45648C6B5E00E03B91E0"><enum>(1)</enum><text display-inline="yes-display-inline">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—</text>
<subparagraph id="idA6F589B2221D4B12B1053BD79B00168F"><enum>(A)</enum><text display-inline="yes-display-inline">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;</text>
</subparagraph><subparagraph id="idDE6296A539CB430FBF084C3B97AFEDEC"><enum>(B)</enum><text display-inline="yes-display-inline">the Global Fund is providing sufficient
resources to maintain an independent OIG that—</text>
<clause id="id1C1C0355482C4D64BEC15C3EC156033F"><enum>(i)</enum><text display-inline="yes-display-inline">reports directly to the Board of the Global
Fund;</text>
</clause><clause id="id98F492A4DEED4CBFAC599F37A1610302"><enum>(ii)</enum><text display-inline="yes-display-inline">maintains a mandate to conduct thorough
investigations and programmatic audits, free from undue interference;
and</text>
</clause><clause id="idC259B74B6D794F51ABA2A2C61DE42877"><enum>(iii)</enum><text display-inline="yes-display-inline">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.</text>
</clause></subparagraph><subparagraph id="idC1D5556DE8864F359C854655500A3DB7"><enum>(C)</enum><text display-inline="yes-display-inline">the Global Fund maintains an effective
whistleblower policy to protect whistleblowers from retaliation, including
confidential procedures for reporting possible misconduct or
irregularities.</text>
</subparagraph></paragraph><paragraph id="id81160E0C26AB48ADA7F1AF91E6A46533"><enum>(2)</enum><text display-inline="yes-display-inline">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.</text>
</paragraph></subsection><subsection id="idAC653764C9A6473AA72826936F10AB60"><enum>(d)</enum><header>Pandemic
response</header><text display-inline="yes-display-inline">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:
<proviso><italic>Provided</italic></proviso>, 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.</text>
</subsection></section><appropriations-small commented="no" id="id90FBDA5F703149C1BB5E747E82D00AC7"><header display-inline="yes-display-inline">Prohibition on promotion of
tobacco</header>
</appropriations-small><section commented="no" display-inline="no-display-inline" id="id547D1588F0A1426885D30629AA693FF3" section-type="subsequent-section"><enum>7059.</enum><text display-inline="yes-display-inline">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.</text>
<appropriations-small commented="no" id="H4688CD4E8EA7495387A1AE83573C9731"><header display-inline="yes-display-inline">Programs to promote gender
equality</header>
</appropriations-small></section><section commented="no" display-inline="no-display-inline" id="HF7F8EB74A1C44D5FB4FF9D7F7B768DC8" section-type="subsequent-section"><enum>7060.</enum><subsection commented="no" display-inline="yes-display-inline" id="H24AD0D82B8C840A8BC5192ADF06DB582"><enum>(a)</enum><text display-inline="yes-display-inline">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.</text>
</subsection><subsection commented="no" display-inline="no-display-inline" id="H13D1A31F36614054B9D41B14D2849CA5"><enum>(b)</enum><text display-inline="yes-display-inline">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.</text>
</subsection><subsection commented="no" display-inline="no-display-inline" id="idBF4FABC8233F4A62AE14BBA480B5B3EB"><enum>(c)</enum><text display-inline="yes-display-inline">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.</text>
</subsection><subsection commented="no" display-inline="no-display-inline" id="HB14255E0B22043B1B7B48759883A5273"><enum>(d)</enum><text display-inline="yes-display-inline">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.</text>
</subsection><subsection commented="no" display-inline="no-display-inline" id="idBC73ED28262140DB80F652407B8782B7"><enum>(e)</enum><text display-inline="yes-display-inline">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—</text>
<paragraph commented="no" display-inline="no-display-inline" id="id9F7AB3B80957497198F2CA687C0353B6"><enum>(1)</enum><text display-inline="yes-display-inline">promote the active and meaningful
participation of women in affected areas in all aspects of conflict prevention,
management, and resolution;</text>
</paragraph><paragraph commented="no" display-inline="no-display-inline" id="idF67DA02A826749D59327871C1C34F593"><enum>(2)</enum><text display-inline="yes-display-inline">integrate the perspectives and interests of
affected women into conflict-prevention activities and strategies;</text>
</paragraph><paragraph commented="no" display-inline="no-display-inline" id="idF09FC58DF57445A5A6DF8E0482EDB307"><enum>(3)</enum><text display-inline="yes-display-inline">promote the physical safety, economic
security, and dignity of women and girls;</text>
</paragraph><paragraph commented="no" display-inline="no-display-inline" id="idF497AE28C7D94810AC6D96E952644B6B"><enum>(4)</enum><text display-inline="yes-display-inline">support women's equal access to aid
distribution mechanisms and services; and</text>
</paragraph><paragraph commented="no" display-inline="no-display-inline" id="id5E63ECE22D304D689BD10D30784A3632"><enum>(5)</enum><text display-inline="yes-display-inline">monitor, analyze and evaluate
implementation efforts and their impact.</text>
</paragraph></subsection><subsection commented="no" display-inline="no-display-inline" id="id9513E2B5CED44E80A81BEAC3E434A793"><enum>(f)</enum><text display-inline="yes-display-inline">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.</text>
</subsection></section><appropriations-small commented="no" id="HEB431510A09A40FC91836DF4F0E0314D"><header display-inline="yes-display-inline">Gender-based
violence</header>
</appropriations-small><section commented="no" display-inline="no-display-inline" id="HE9EBADFE886F4BC9A910E36D7AC64B82" section-type="subsequent-section"><enum>7061.</enum><subsection commented="no" display-inline="yes-display-inline" id="H541D0E5382C14039AAFCB3B0D874C69A"><enum>(a)</enum><text display-inline="yes-display-inline">Funds appropriated under the headings
<quote>Global Health Programs</quote>, <quote>Development Assistance</quote>,
<quote>Economic Support Fund</quote>, and <quote>International Narcotics
Control and Law Enforcement</quote> in this Act shall be made available for
gender-based violence prevention and response efforts, and funds appropriated
under the headings <quote>International Disaster Assistance</quote>,
<quote>Complex Crises Fund</quote>, and <quote>Migration and Refugee
Assistance</quote> should be made available for such efforts.</text>
</subsection><subsection commented="no" display-inline="no-display-inline" id="idCB945FBDECAA4B359C26412B728E02B2"><enum>(b)</enum><text display-inline="yes-display-inline">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.</text>
</subsection></section><appropriations-small id="idDDF5EAD08DA2407DA283D36E8FEFAB11"><header>SECTOR
ALLOCATIONS</header>
</appropriations-small><section id="idD5F8158EA12349E188E1A62F6E5FCD2C"><enum>7062.</enum><subsection commented="no" display-inline="yes-display-inline" id="id19C9B6DE5EF145739966892764BDA0C5"><enum>(a)</enum><header>Basic and higher
education</header>
<paragraph id="id452775E73D2C4E92B05F5323085FF955"><enum>(1)</enum><header>Basic
education</header>
<subparagraph id="id487B5478D40D435B9C1D81ECCA1173FA"><enum>(A)</enum><text display-inline="yes-display-inline">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 <quote>Development Assistance</quote>.</text>
</subparagraph><subparagraph id="idA752221B1A6548EEB3A5D5D4700F186B"><enum>(B)</enum><text display-inline="yes-display-inline">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.</text>
</subparagraph><subparagraph id="idFD5F1335EED348D0B7976BE4ED11B699"><enum>(C)</enum><text display-inline="yes-display-inline">Funds appropriated by title III of this Act
for basic education may be made available for a contribution to the Global
Partnership for Education.</text>
</subparagraph></paragraph><paragraph id="idE81863B2C021409693830541F56C72EB"><enum>(2)</enum><header>Higher
education</header><text display-inline="yes-display-inline">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.</text>
</paragraph></subsection><subsection id="id688B8046103F44FFA0A073B0EDC72A27"><enum>(b)</enum><header>Development
grants program</header><text display-inline="yes-display-inline">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:
<proviso><italic>Provided</italic></proviso>, 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).</text>
</subsection><subsection id="idCB8091D469A748D999AD01AAC54F7268"><enum>(c)</enum><header>Environment
programs</header>
<paragraph id="idFFE5C3AEEC51441E82474F882E1AD658"><enum>(1)</enum><header>In
general</header><text display-inline="yes-display-inline">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.</text>
</paragraph><paragraph id="idABC35058F6BE47EEB58FAD3CFBE012D1"><enum>(2)</enum><header>Clean energy
programs</header><text display-inline="yes-display-inline">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:
<proviso><italic>Provided</italic></proviso>, That the proviso
contained in such section shall not apply.</text>
</paragraph><paragraph id="id04ADF0A87C1845169F24A8CF708BD337"><enum>(3)</enum><header>Adaptation
programs</header><text display-inline="yes-display-inline">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.</text>
</paragraph><paragraph id="id5C0525F044614A63B41F85B0BD8029CB"><enum>(4)</enum><header>Tropical forest
programs</header><text display-inline="yes-display-inline">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:
<proviso><italic>Provided</italic></proviso>, 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:
<proviso><italic> Provided further,</italic></proviso> 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.</text>
</paragraph><paragraph id="idBAAFE12430954FFABE04BE0EEC136E81"><enum>(5)</enum><header>Authority</header><text display-inline="yes-display-inline">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.</text>
</paragraph><paragraph id="idFAE2BD676F4044AD8E31F6441331FCF3"><enum>(6)</enum><header>Consultation</header><text display-inline="yes-display-inline">Funds made available pursuant to this
subsection are subject to prior consultation with, and the regular notification
procedures of, the Committees on Appropriations.</text>
</paragraph><paragraph id="id30B9EE2E340C450ABE8EFD7D939EFC30"><enum>(7)</enum><header>Extraction of
natural resources</header>
<subparagraph id="idD681A4535D3748FD98D12ED25228E7D8"><enum>(A)</enum><text display-inline="yes-display-inline">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.</text>
</subparagraph><subparagraph id="id28A56FFCE27F49BC879C1EAF2F90FCFC"><enum>(B)</enum><clause commented="no" display-inline="yes-display-inline" id="id56F4E7DC82204C61828DDB512375998C"><enum>(i)</enum><text display-inline="yes-display-inline">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:</text>
<subclause id="id9B56949C99D642BE85234F16C8DFBDBB" indent="up1"><enum>(I)</enum><text display-inline="yes-display-inline">accurately accounting for and public
disclosure of payments to the host government by companies involved in the
extraction and export of natural resources;</text>
</subclause><subclause id="id2B88BE51314B4E96900373AB0B015685" indent="up1"><enum>(II)</enum><text display-inline="yes-display-inline">the
independent auditing of accounts receiving such payments and public disclosure
of the findings of such audits; and</text>
</subclause><subclause id="id556AEBBDE7804AE5855702F7CE768C14" indent="up1"><enum>(III)</enum><text display-inline="yes-display-inline">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.</text>
</subclause></clause><clause id="id1E37EA74F7C34CAA81D26A0BCB405A21" indent="up1"><enum>(ii)</enum><text display-inline="yes-display-inline">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.</text>
</clause></subparagraph><subparagraph id="id943E2A2C50D444259406FD7796AAF7F0"><enum>(C)</enum><text display-inline="yes-display-inline">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.</text>
</subparagraph></paragraph><paragraph id="idEA5C02ED7D054F01959A8281817EB4A1"><enum>(8)</enum><header>Continuation of
prior law</header><text display-inline="yes-display-inline">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.</text>
</paragraph></subsection><subsection id="id37B8C0BE7A73401FBE192A674F39CEFC"><enum>(d)</enum><header>Food security
and agriculture development</header><text display-inline="yes-display-inline">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:
<proviso><italic>Provided</italic></proviso>, 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.</text>
</subsection><subsection id="id1B8926B57259417685D40DEB2AB40B65"><enum>(e)</enum><header>Microenterprise
and microfinance</header><text display-inline="yes-display-inline">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.</text>
</subsection><subsection id="idA4D97542A5A549138F6B623CDF45AA99"><enum>(f)</enum><header>Reconciliation
programs</header><paragraph commented="no" display-inline="yes-display-inline" id="id2516CF0194724406BB2044E78FAD9BBD"><enum>(1)</enum><text display-inline="yes-display-inline">Of the funds appropriated by title III of
this Act under the headings <quote>Economic Support Fund</quote> and
<quote>Development Assistance</quote>, $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:
<proviso><italic>Provided</italic></proviso>, 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.</text>
</paragraph><paragraph id="id6B193BA77C6A4334A8E1FBFA508C21CC" indent="up1"><enum>(2)</enum><text display-inline="yes-display-inline">Of the funds appropriated by title III of
this Act under the headings <quote>Economic Support Fund</quote> and
<quote>Development Assistance</quote>, $10,000,000 should be made available for
a <quote>New Generation in the Middle East</quote> initiative to build
understanding, tolerance, and mutual respect among the next generation of
Israeli and Palestinian leaders.</text>
</paragraph></subsection><subsection id="id432F11A21DB8447FA3E03F2DDDB1EEF2"><enum>(g)</enum><header>Trafficking in
persons</header><text display-inline="yes-display-inline">Of the funds
appropriated by this Act under the headings <quote>Development
Assistance</quote>, <quote>Economic Support Fund</quote>, <quote>International
Narcotics Control and Law Enforcement</quote>, 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.</text>
</subsection><subsection id="id76543A654C19435FB98E4569661C478C"><enum>(h)</enum><header>Water</header><text display-inline="yes-display-inline">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).</text>
</subsection><subsection id="idB1A4D861954648C8A675F0AC55A8DADB"><enum>(i)</enum><header>Women’s
leadership capacity</header><text display-inline="yes-display-inline">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.</text>
</subsection><subsection id="id963E91E71E144AB39D018201841E1DFC"><enum>(j)</enum><header>Notification
requirements</header><text display-inline="yes-display-inline">Authorized
deviations from funding levels contained in this section shall be subject to
the regular notification procedures of the Committees on Appropriations.</text>
</subsection></section><appropriations-small commented="no" id="HDBE89A8A215E45F3B6D838AA85C72BE5"><header display-inline="yes-display-inline">Central
asia</header>
</appropriations-small><section commented="no" display-inline="no-display-inline" id="H819543F5F7AE40889CCBC7DF646103AB" section-type="subsequent-section"><enum>7063.</enum><text display-inline="yes-display-inline">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):
<proviso><italic>Provided</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, 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 <quote>assistance</quote>
shall not include expanded international military education and
training.</text>
<appropriations-small commented="no" id="H40989A051DBB4F1C852C74DBE5616BBE"><header display-inline="yes-display-inline">Requests for
documents</header>
</appropriations-small></section><section commented="no" display-inline="no-display-inline" id="HB0A3389CE8CC432B9E5786C2868F9B37" section-type="subsequent-section"><enum>7064.</enum><text display-inline="yes-display-inline">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.</text>
<appropriations-small commented="no" id="idE2370313450842D1BF27AE67124A59E0"><header display-inline="yes-display-inline">Overseas private investment
corporation</header>
</appropriations-small><appropriations-small commented="no" id="id155EFA1D21EB493F8051C65008A5A877"><header display-inline="yes-display-inline">(including transfer of
funds)</header>
</appropriations-small></section><section commented="no" display-inline="no-display-inline" id="id2C1DAB790A4D454090B00D4A3E10B526" section-type="subsequent-section"><enum>7065.</enum><subsection commented="no" display-inline="yes-display-inline" id="idD46AF7DFC6C54C11AB74FF6B137867B8"><enum>(a)</enum><text display-inline="yes-display-inline">Whenever the President determines that it
is in furtherance of the purposes of the <act-name parsable-cite="FAA61">Foreign Assistance Act of 1961</act-name>, 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:
<proviso><italic>Provided,</italic></proviso> That such funds shall
not be available for administrative expenses of the Overseas Private Investment
Corporation:
<proviso><italic>Provided further,</italic></proviso> That designated
funding levels in this Act shall not be transferred pursuant to this section:
<proviso><italic>Provided further,</italic></proviso> That the
exercise of such authority shall be subject to the regular notification
procedures of the Committees on Appropriations.</text>
</subsection><subsection commented="no" display-inline="no-display-inline" id="idCEF18B667A8A48878306F907DF276AB0"><enum>(b)</enum><text display-inline="yes-display-inline">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.</text>
</subsection></section><appropriations-small commented="no" id="idB04D93DE33584845BA253A6A47951E96"><header display-inline="yes-display-inline">INTERNATIONAL PRISON
CONDITIONS</header>
</appropriations-small><section commented="no" display-inline="no-display-inline" id="id74E8F809188543488ACB004BFB0A1F3A" section-type="subsequent-section"><enum>7066.</enum><subsection commented="no" display-inline="yes-display-inline" id="id3C2B0B635BE24A1CA93A5B5CD5F80683"><enum>(a)</enum><text display-inline="yes-display-inline">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—</text>
<paragraph id="id6EF994BF0F8E441B983836654F6C21A3"><enum>(1)</enum><text display-inline="yes-display-inline">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</text>
</paragraph><paragraph id="idB86E78431C624144A68938BE11BCD4E5"><enum>(2)</enum><text display-inline="yes-display-inline">the extent to which such governments are
taking steps to eliminate such conditions.</text>
</paragraph></subsection><subsection commented="no" display-inline="no-display-inline" id="idED8FDDCC6F094D7B8A67322B7B15B93D"><enum>(b)</enum><text display-inline="yes-display-inline">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.</text>
</subsection><subsection commented="no" display-inline="no-display-inline" id="idF5B7AEA29155407F8780539C09BE6005"><enum>(c)</enum><text display-inline="yes-display-inline">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.</text>
</subsection></section><appropriations-small commented="no" id="HC31B502600F743DF895156C930FBE814"><header display-inline="yes-display-inline">Prohibition on use of
torture</header>
</appropriations-small><section commented="no" display-inline="no-display-inline" id="H28D8342F7C9C48F6A52959D908F7D8D5" section-type="subsequent-section"><enum>7067.</enum><subsection commented="no" display-inline="yes-display-inline" id="id7F828D9158154AE899C91364A3069D6F"><enum>(a)</enum><text display-inline="yes-display-inline">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.</text>
</subsection><subsection commented="no" display-inline="no-display-inline" id="id5C012AB2C4E34C998E78960063216260"><enum>(b)</enum><text display-inline="yes-display-inline">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 <act-name parsable-cite="FAA61">Foreign Assistance Act of
1961</act-name>, 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.</text>
</subsection></section><appropriations-small commented="no" id="H2AF65DF8A90F4C7B9B41770FD0B1C21F"><header display-inline="yes-display-inline">Extradition</header>
</appropriations-small><section commented="no" display-inline="no-display-inline" id="HF6525A9BFAD0423FA06A92F255751E9B" section-type="subsequent-section"><enum>7068.</enum><subsection commented="no" display-inline="yes-display-inline" id="HB78BD5D49CB142BE853DDD5263F5246A"><enum>(a)</enum><text display-inline="yes-display-inline">None of the funds appropriated in this Act
may be used to provide assistance (other than funds provided under the headings
<quote>International Narcotics Control and Law Enforcement</quote>,
<quote>Migration and Refugee Assistance</quote>, <quote>Emergency Migration and
Refugee Assistance</quote>, and <quote>Nonproliferation, Anti-terrorism,
Demining and Related Assistance</quote>) 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.</text>
</subsection><subsection commented="no" display-inline="no-display-inline" id="HF023D36F35364663B114843BC3DF5D59"><enum>(b)</enum><text display-inline="yes-display-inline">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.</text>
</subsection><subsection commented="no" display-inline="no-display-inline" id="H073EB9CBEFFB4ECEB831AB89CE411455"><enum>(c)</enum><text display-inline="yes-display-inline">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.</text>
</subsection></section><appropriations-small id="H065C4285FAB64FCDABC4EDCE332E4056"><header>commercial leasing of defense
articles</header>
</appropriations-small><section id="HB1A21F1C891542638F1F888051940198"><enum>7069.</enum><text display-inline="yes-display-inline">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.</text>
<appropriations-small id="H327340ED494A4C24806C3E85A16729AC"><header>Independent states of the former
soviet union</header>
</appropriations-small></section><section id="HD19CD66418B94A83A6BCB3714C44A883"><enum>7070.</enum><subsection commented="no" display-inline="yes-display-inline" id="H7257FF711EF04684A1C3AE0BE91084C3"><enum>(a)</enum><text display-inline="yes-display-inline">None of the funds appropriated under the
heading <quote>Assistance for Europe, Eurasia and Central Asia</quote> 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:
<proviso><italic>Provided</italic></proviso>, 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.</text>
</subsection><subsection id="HBD92CA55678C4DE38398ED7EEC3521D2"><enum>(b)</enum><paragraph commented="no" display-inline="yes-display-inline" id="HC4870F636C484DB694E29963E11548A9"><enum>(1)</enum><text>Of the funds
appropriated under the heading <quote>Assistance for Europe, Eurasia and
Central Asia</quote> 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—</text>
<subparagraph id="H341604C0D7DF421A9A1D8F16BA0468C0" indent="up1"><enum>(A)</enum><text>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</text>
</subparagraph><subparagraph id="H038980A1DBFC42D088D5E79390DF3FB4" indent="up1"><enum>(B)</enum><text>is providing full access to
international non-government organizations providing humanitarian relief to
refugees and internally displaced persons in Chechnya.</text>
</subparagraph></paragraph><paragraph id="HF1A55ADBE45A4956AE3A20E879B7811D"><enum>(2)</enum><text>Paragraph (1)
shall not apply to—</text>
<subparagraph id="HB19C46CC705045E3A6F709B05EE7F0B3" indent="up1"><enum>(A)</enum><text>assistance to combat infectious
diseases, child survival activities, or assistance for victims of trafficking
in persons; and</text>
</subparagraph><subparagraph id="H3BC8DCC327914A60ACAF20B1548A169C" indent="up1"><enum>(B)</enum><text>activities authorized under title V
(Nonproliferation and Disarmament Programs and Activities) of the FREEDOM
Support Act.</text>
</subparagraph></paragraph></subsection><subsection id="H1B46E4C0BFDC481FAAF00D6E706774EB"><enum>(c)</enum><text display-inline="yes-display-inline">Section 907 of the FREEDOM Support Act
shall not apply to—</text>
<paragraph id="HE5C4333741F3424991BC8E9E5DD6479C"><enum>(1)</enum><text>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;</text>
</paragraph><paragraph id="H31AD3057A14643BDA95198AAFC8D5505"><enum>(2)</enum><text>any assistance
provided by the Trade and Development Agency under section 661 of the Foreign
Assistance Act of 1961 (22 U.S.C. 2421);</text>
</paragraph><paragraph id="H0A32EA5DFAE94871B749B103D6B0F1BB"><enum>(3)</enum><text>any activity
carried out by a member of the United States and Foreign Commercial Service
while acting within his or her official capacity;</text>
</paragraph><paragraph id="HE0589234343F4D03816EED7FCD7A3215"><enum>(4)</enum><text>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.);</text>
</paragraph><paragraph id="HFDD14CCCF65C4EA8AFF10F94CA7A6E87"><enum>(5)</enum><text>any financing
provided under the Export-Import Bank Act of 1945; or</text>
</paragraph><paragraph commented="no" display-inline="no-display-inline" id="H178CFE277A3E4AF8BFB9E044C9B24216"><enum>(6)</enum><text>humanitarian
assistance.</text>
</paragraph></subsection></section><appropriations-small id="HF8FB4AA1AE894619884263A001758D2B"><header>international monetary fund
</header>
</appropriations-small><section id="H4E3BFC2AE5E8455098E8080312D7478C"><enum>7071.</enum><subsection commented="no" display-inline="yes-display-inline" id="H6E41B1DF59E24C10A02C164F2DFE0B63"><enum>(a)</enum><text display-inline="yes-display-inline">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.</text>
</subsection><subsection commented="no" display-inline="no-display-inline" id="id6F223B56E620467A8EC45FBF6EEEBD19"><enum>(b)</enum><text display-inline="yes-display-inline">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.</text>
</subsection><subsection commented="no" display-inline="no-display-inline" id="id2BEAAAC14E4B44FEB08F518952750C51"><enum>(c)</enum><text display-inline="yes-display-inline">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.</text>
</subsection></section><appropriations-small id="H5AAF08B4FFA6480F804E0D16ABA853D8"><header>Repression in the russian
federation</header>
</appropriations-small><section id="HD6548BEA45154A408D2B34FB290EF814"><enum>7072.</enum><subsection commented="no" display-inline="yes-display-inline" id="HE0A56B3E3C1945A586B3DCCEC0F0C072"><enum>(a)</enum><text display-inline="yes-display-inline">None of the funds appropriated under the
heading <quote>Assistance for Europe, Eurasia and Central Asia</quote> 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:</text>
<paragraph id="H0CF3CE609CFE4A7E8889D280E103B6EA"><enum>(1)</enum><text>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;</text>
</paragraph><paragraph id="H2D554D0ABCD449E3940A32406C9F58F4"><enum>(2)</enum><text>is honoring its
international obligations regarding freedom of expression, assembly, and press,
as well as due process;</text>
</paragraph><paragraph id="HD6DA209D62CD4052A74BE018160179FC"><enum>(3)</enum><text>is investigating
and prosecuting law enforcement personnel credibly alleged to have committed
human rights abuses against political leaders, activists and journalists;
and</text>
</paragraph><paragraph id="H4254E626F6534224904BF53C18B9E8AF"><enum>(4)</enum><text>is immediately
releasing political leaders, activists and journalists who remain in
detention.</text>
</paragraph></subsection><subsection commented="no" display-inline="no-display-inline" id="HFC561ACA018D44F5B605778806EBDEBB"><enum>(b)</enum><text display-inline="yes-display-inline">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.</text>
</subsection></section><appropriations-small commented="no" id="id22E827A0A38B4D1C83D2722FFC962A95"><header display-inline="yes-display-inline">prohibition on first-class
travel</header>
</appropriations-small><section commented="no" display-inline="no-display-inline" id="id9E82DFB8EC0940A4ACFC440216236BD8" section-type="subsequent-section"><enum>7073.</enum><text display-inline="yes-display-inline">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.</text>
<appropriations-small commented="no" id="H422E166A428E4CFC8613173A4043AE2B"><header display-inline="yes-display-inline">Disability
programs</header>
</appropriations-small></section><section commented="no" display-inline="no-display-inline" id="HD7A37A95F0CE4B45ABE4140D265D4553" section-type="subsequent-section"><enum>7074.</enum><text display-inline="yes-display-inline">Funds appropriated by this Act under the
heading <quote>Economic Support Fund</quote> 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:
<proviso><italic>Provided</italic>,</proviso> That of the funds made
available by this section, up to 7 percent may be for management, oversight,
and technical support.</text>
<appropriations-small commented="no" id="HF07CB45FC74F4023B16E72C5E91184A7"><header display-inline="yes-display-inline">Enterprise
funds</header>
</appropriations-small></section><section commented="no" display-inline="no-display-inline" id="H5A568131D18E421FA25653AF80E92EF0" section-type="subsequent-section"><enum>7075.</enum><subsection commented="no" display-inline="yes-display-inline" id="H5B24E75CDA8743B2BC30B35BDC295DE3"><enum>(a)</enum><text display-inline="yes-display-inline">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.</text>
</subsection><subsection commented="no" display-inline="no-display-inline" id="H1491212B724D44C19DFCF667E25557DB"><enum>(b)</enum><text display-inline="yes-display-inline">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.</text>
</subsection></section><appropriations-small id="idAD8ACA2AC6284B8A99418BD457B92916"><header>CONSULAR
AFFAIRS</header>
</appropriations-small><section id="idF0BF28F6DC954A6C8180EE3B1A9A40FF"><enum>7076.</enum><subsection commented="no" display-inline="yes-display-inline" id="id704C63AAEE974D3F898DE134FBE91416"><enum>(a)</enum><text display-inline="yes-display-inline">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.</text>
</subsection><subsection id="id32EC48D895E34E88951F783BDDE3BF27"><enum>(b)</enum><text display-inline="yes-display-inline">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.</text>
</subsection><subsection id="id96A01CF90218464C8072EF6EBA56628D"><enum>(c)</enum><text display-inline="yes-display-inline">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:
<proviso><italic>Provided</italic></proviso>, 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:
<proviso><italic> Provided further,</italic></proviso> 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.</text>
</subsection></section><appropriations-small commented="no" id="id8C2D773150794727B8AC10AE8F66687D"><header display-inline="yes-display-inline">PROCUREMENT
REFORM</header>
</appropriations-small><section commented="no" display-inline="no-display-inline" id="id32A068229802444295E4F71C3D3E0CCC" section-type="subsequent-section"><enum>7077.</enum><subsection commented="no" display-inline="yes-display-inline" id="id7F11A57EB8694CE3B924258405DAB522"><enum>(a)</enum><header display-inline="yes-display-inline">Local competition</header><text display-inline="yes-display-inline">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:
<proviso><italic>Provided</italic>,</proviso> 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:
<proviso><italic>Provided further</italic>,</proviso> That such
authority shall be available to support a pilot program with such funds:
<proviso><italic>Provided further</italic>,</proviso> That the USAID
Administrator shall consult with the Committees on Appropriations and relevant
congressional committees on the results of such pilot program.</text>
</subsection><subsection id="idFB477EDAEFDF4B66820550192F16C28C"><enum>(b)</enum><text>For the purposes
of this section, local entity means an individual, a corporation, a nonprofit
organization, or another body of persons that—</text>
<paragraph id="id4DDE1A3E5E0C47C282CDE966AB5C5195"><enum>(1)</enum><text>is legally
organized under the laws of;</text>
</paragraph><paragraph id="id541CCE2AB88645E19AF873878F0E7282"><enum>(2)</enum><text>has as its
principal place of business or operations in; and</text>
</paragraph><paragraph id="id38ECE49203A4454298799EA40C3CDB07"><enum>(3)</enum><text>either is—</text>
<subparagraph id="id7EB2A1F786D94C81A9914C9A872ED9BD"><enum>(A)</enum><text>majority owned by
individuals who are citizens or lawful permanent residents of; or</text>
</subparagraph><subparagraph id="id7C34DB85E0394EF99C5821D11622E27F"><enum>(B)</enum><text>managed by a
governing body the majority of whom are citizens or lawful permanent residents
of;</text>
</subparagraph><continuation-text continuation-text-level="paragraph">a country
receiving assistance from funds appropriated under title III of this
Act.</continuation-text></paragraph></subsection><subsection id="idD0254D40418848608FDF3D9C963617E1"><enum>(c)</enum><text>For purposes of
this section, <quote>majority owned</quote> and <quote>managed by</quote>
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.</text>
</subsection></section><appropriations-small commented="no" id="id6CFC04332292402089D0B4A14D5481E7"><header display-inline="yes-display-inline">Operating and spend
plans</header>
</appropriations-small><section commented="no" display-inline="no-display-inline" id="id1459C4F4C7FD40EDA0F01BF8E3C8284C" section-type="subsequent-section"><enum>7078.</enum><subsection commented="no" display-inline="yes-display-inline" id="idF5F7C16CEDAB457CA236615B22D39AC9"><enum>(a)</enum><header display-inline="yes-display-inline">Operating plans</header><text display-inline="yes-display-inline">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.</text>
</subsection><subsection commented="no" display-inline="no-display-inline" id="idE3A94BB893FE412B9BC2C04F2FED1BDB"><enum>(b)</enum><header display-inline="yes-display-inline">Spend plans</header><text display-inline="yes-display-inline">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—</text>
<paragraph commented="no" display-inline="no-display-inline" id="idCB2087C43A9841E1B2580EC0DC60DEB6"><enum>(1)</enum><text display-inline="yes-display-inline">funds appropriated under the heading
<quote>Democracy Fund</quote>;</text>
</paragraph><paragraph id="H9CC1B5CC976A4FE6922FA6A03F64ED66"><enum>(2)</enum><text>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;</text>
</paragraph><paragraph id="HAA49A59C9D254E24874CC9A588967FA4"><enum>(3)</enum><text>funds made
available for assistance for countries or programs and activities referenced
in—</text>
<subparagraph commented="no" id="HD4161DED694D45C38AC8625F91B179DC"><enum>(A)</enum><text>section
7040;</text>
</subparagraph><subparagraph commented="no" id="H245A6CE1AB784B8FB9BDD89584A55C65"><enum>(B)</enum><text>section 7041(a),
(e), (f), and (i);</text>
</subparagraph><subparagraph commented="no" id="HB9647AA4191F47E38A926CA9DE4EB75A"><enum>(C)</enum><text>section
7043(b);</text>
</subparagraph><subparagraph commented="no" id="H1AC2A0DA68D741FBB0423B0D189FB955"><enum>(D)</enum><text>section 7046(a)
and (c); and</text>
</subparagraph></paragraph><paragraph id="HBAA7ED041FFD48AB9639FD50CA947C45"><enum>(4)</enum><text>funds appropriated
in title III for food security and agriculture development programs and for
environment programs.</text>
</paragraph></subsection><subsection commented="no" display-inline="no-display-inline" id="HB2FE5866030941F9848C06E431164DFD"><enum>(c)</enum><header>Notifications</header><text>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.</text>
</subsection></section><appropriations-small commented="no" id="id1BEF8D1A36E341B09FE65AA242CE02D7"><header display-inline="yes-display-inline">RESCISSIONS</header>
</appropriations-small><section commented="no" display-inline="no-display-inline" id="idD25F47A72BF3445D92F735CC9B5ED3A6" section-type="subsequent-section"><enum>7079.</enum><subsection commented="no" display-inline="yes-display-inline" id="idC60312222821455DBF5FFE6711C83F79"><enum>(a)</enum><text display-inline="yes-display-inline">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:
<proviso><italic>Provided</italic>,</proviso> 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.</text>
</subsection><subsection commented="no" display-inline="no-display-inline" id="id99C84ADA0F7D4338B3D566688B23545D"><enum>(b)</enum><text display-inline="yes-display-inline">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.</text>
</subsection><subsection commented="no" display-inline="no-display-inline" id="idB9BFA033196C4548B6E0ECAA6D91E6A2"><enum>(c)</enum><text display-inline="yes-display-inline">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:
<proviso><italic>Provided</italic>,</proviso> 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.</text>
</subsection><subsection commented="no" display-inline="no-display-inline" id="id190B983D73004DF2B142C539645AE50D"><enum>(d)</enum><text display-inline="yes-display-inline">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.</text>
</subsection></section><appropriations-small id="H0A9EC8361371433D94598A6BED95C96D"><header>special defense acquisition
fund</header>
</appropriations-small><appropriations-small id="H155F1FC6840247EEBB45FA7E0C4A6387"><header>(including
limitation on obligations)</header>
</appropriations-small><section id="H6A095565BDB249AD829709CB1059B7B9"><enum>7080.</enum><subsection commented="no" display-inline="yes-display-inline" id="H7A45DD1722524B8DB23486C473AAB8AB"><enum>(a)</enum><header>Transfer</header><text display-inline="yes-display-inline">Of the funds made available pursuant to the
last proviso in the second paragraph under the heading <quote>Foreign Military
Financing Program</quote> 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.</text>
</subsection><subsection commented="no" display-inline="no-display-inline" id="HE89781777DBD4238A0312B306602AB8D"><enum>(b)</enum><header>Limitation on
obligations</header><text>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:
<proviso><italic>Provided</italic></proviso>, 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.</text>
</subsection></section><appropriations-small commented="no" id="idBF11757E76E743CB8BDCE3037FD26B49"><header display-inline="yes-display-inline">AUTHORITY FOR CAPITAL INCREASES
</header>
</appropriations-small><section commented="no" display-inline="no-display-inline" id="id47662045CB0641498AE834715E18D8C7" section-type="subsequent-section"><enum>7081.</enum><subsection commented="no" display-inline="yes-display-inline" id="id4BDBC606817748D785EAE81868E7B8ED"><enum>(a)</enum><header display-inline="yes-display-inline">International Bank for Reconstruction and
Development</header><text display-inline="yes-display-inline">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:</text>
<quoted-block display-inline="no-display-inline" id="id8612B18B955A4FF6B7769428D8FFD524" style="OLC">
<section commented="no" display-inline="no-display-inline" id="idA5FCE33B54FE473DB9C2B0B46BE5A1FE" section-type="subsequent-section"><enum>69.</enum><header display-inline="yes-display-inline">ACCEPTANCE OF AN AMENDMENT TO THE ARTICLES
OF AGREEMENT OF THE BANK TO INCREASE BASIC VOTES</header><text display-inline="no-display-inline">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
<quote>Enhancing Voice and Participation of Developing and Transition
Countries,</quote> of the Board of Governors of the Bank that was approved by
such Board on January 30, 2009.</text>
</section><section commented="no" display-inline="no-display-inline" id="idD9C917090E8449A29B34F8BD959FBBE5" section-type="subsequent-section"><enum>70.</enum><header display-inline="yes-display-inline">CAPITAL STOCK INCREASES</header>
<subsection commented="no" display-inline="no-display-inline" id="id6D98759B4429400899E57AC3BBCFA2DB"><enum>(a)</enum><header display-inline="yes-display-inline">Increases Authorized</header><text display-inline="yes-display-inline">The United States Governor of the Bank is
authorized—</text>
<paragraph commented="no" display-inline="no-display-inline" id="idC5E6E612CCC4426183B2F1DD63B6513A"><enum>(1)</enum><subparagraph commented="no" display-inline="yes-display-inline" id="id3F6D9FE9205B49E889EC2AD9B7AECBA9"><enum>(A)</enum><text display-inline="yes-display-inline">to vote in favor of a resolution to
increase the capital stock of the Bank on a selective basis by 230,374 shares;
and</text>
</subparagraph><subparagraph commented="no" display-inline="no-display-inline" id="id01B64E02A05B47E096976ED6BF586F73" indent="up1"><enum>(B)</enum><text display-inline="yes-display-inline">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;</text>
</subparagraph></paragraph><paragraph commented="no" display-inline="no-display-inline" id="id005242C50DB647B89AA8551E5B4F2F8B"><enum>(2)</enum><subparagraph commented="no" display-inline="yes-display-inline" id="id99D8C76676F44EE5A1671FAFB49EBC15"><enum>(A)</enum><text display-inline="yes-display-inline">to vote in favor of a resolution to
increase the capital stock of the Bank on a general basis by 484,102 shares;
and</text>
</subparagraph><subparagraph commented="no" display-inline="no-display-inline" id="idEA0D14E4FEF841DD8F6D678128A505A0" indent="up1"><enum>(B)</enum><text display-inline="yes-display-inline">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.</text>
</subparagraph></paragraph></subsection><subsection commented="no" display-inline="no-display-inline" id="id3412F74AC8F444CD903E4EF9BB62F2AA"><enum>(b)</enum><header display-inline="yes-display-inline">Limitations on Authorization of
Appropriations</header>
<paragraph commented="no" display-inline="no-display-inline" id="idBBD2DCE4B364456A9BBEADAB8D648048"><enum>(1)</enum><text display-inline="yes-display-inline">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.</text>
</paragraph><paragraph commented="no" display-inline="no-display-inline" id="idE18045BB743B4027BFC96947BA689C32"><enum>(2)</enum><text display-inline="yes-display-inline">Of the amount authorized to be appropriated
under paragraph (2)(A)—</text>
<subparagraph commented="no" display-inline="no-display-inline" id="id428577F894EA4ED8BFEF6094004B0A9A"><enum>(A)</enum><text display-inline="yes-display-inline">$586,821,720 shall be for paid in shares of
the Bank; and</text>
</subparagraph><subparagraph commented="no" display-inline="no-display-inline" id="idC3DCC4BCB7BB4092991A9B66DDD53843"><enum>(B)</enum><text display-inline="yes-display-inline">$9,193,540,271 shall be for callable shares
of the
Bank.</text>
</subparagraph></paragraph></subsection></section><after-quoted-block>.</after-quoted-block></quoted-block>
</subsection><subsection commented="no" display-inline="no-display-inline" id="id84CF347877AE47B392B249F93261B6EE"><enum>(b)</enum><header display-inline="yes-display-inline">International Finance
Corporation</header><text display-inline="yes-display-inline">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:</text>
<quoted-block display-inline="no-display-inline" id="idAF681A5F3B6D454FBD6FC0A19B92A2E4" style="OLC">
<section commented="no" display-inline="no-display-inline" id="id5E17E5F7360B411FB3AF2DB0A94A0C00" section-type="subsequent-section"><enum>17.</enum><header display-inline="yes-display-inline">SELECTIVE CAPITAL INCREASE AND AMENDMENT OF
THE ARTICLES OF AGREEMENT</header>
<subsection commented="no" display-inline="no-display-inline" id="id6C69E2F1B82A488E8289248DE5BAED41"><enum>(a)</enum><header display-inline="yes-display-inline">Vote Authorized</header><text display-inline="yes-display-inline">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.</text>
</subsection><subsection commented="no" display-inline="no-display-inline" id="idF49843F55AE24CCC8A45FC2ADD340C0A"><enum>(b)</enum><header display-inline="yes-display-inline">Amendment of the Articles of
Agreement</header><text display-inline="yes-display-inline">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.</text>
</subsection></section><after-quoted-block>.</after-quoted-block></quoted-block>
</subsection><subsection commented="no" display-inline="no-display-inline" id="idC37E3DB286F742518CE9CADD2409C643"><enum>(c)</enum><header display-inline="yes-display-inline">Inter-American Development
Bank</header><text display-inline="yes-display-inline">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:</text>
<quoted-block display-inline="no-display-inline" id="idAB4B1D41E5C440CB80BC8EA08AF4C9B9" style="OLC">
<section commented="no" display-inline="no-display-inline" id="id1260B5F213D04C99940A07C4F132D810" section-type="subsequent-section"><enum>41.</enum><header display-inline="yes-display-inline">NINTH CAPITAL INCREASE</header>
<subsection commented="no" display-inline="no-display-inline" id="id541B42DE034D4CADB5C427BA5CA35984"><enum>(a)</enum><header display-inline="yes-display-inline">Vote Authorized</header><text display-inline="yes-display-inline">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, <quote>Report
on the Ninth General Capital Increase in the resources of the Inter-American
Development Bank</quote> as approved by Governors on July 21, 2010.</text>
</subsection><subsection commented="no" display-inline="no-display-inline" id="idAD019C40CE50442A955E25DD875FBB5D"><enum>(b)</enum><header display-inline="yes-display-inline">Subscription Authorized</header>
<paragraph commented="no" display-inline="no-display-inline" id="idC25A6F866A5A4C3BB113AA7AFE52D530"><enum>(1)</enum><text display-inline="yes-display-inline">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.</text>
</paragraph><paragraph commented="no" display-inline="no-display-inline" id="idF57D5C068B8541C293398052C8F4B31A"><enum>(2)</enum><text display-inline="yes-display-inline">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.</text>
</paragraph></subsection><subsection commented="no" display-inline="no-display-inline" id="id4F58856E479C4DB0A44CB049EC21E4B5"><enum>(c)</enum><header display-inline="yes-display-inline">Limitations on Authorization of
Appropriations</header>
<paragraph commented="no" display-inline="no-display-inline" id="idD9E509711AFD4072BC9927BAA699260B"><enum>(1)</enum><text display-inline="yes-display-inline">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.</text>
</paragraph><paragraph commented="no" display-inline="no-display-inline" id="idCE08E2BF998443929EE8D5A391DB2C3A"><enum>(2)</enum><text display-inline="yes-display-inline">Of the amount authorized to be appropriated
under paragraph (1)—</text>
<subparagraph commented="no" display-inline="no-display-inline" id="idEC62718AD2E1436C997854A5805E2BA0"><enum>(A)</enum><text display-inline="yes-display-inline">$510,090,175 shall be for paid in shares of
the Bank; and</text>
</subparagraph><subparagraph commented="no" display-inline="no-display-inline" id="id3E9298FC8A88415CB6198B379331B878"><enum>(B)</enum><text display-inline="yes-display-inline">$20,493,974,162 shall be for callable
shares of the
Bank.</text>
</subparagraph></paragraph></subsection></section><after-quoted-block>.</after-quoted-block></quoted-block>
</subsection><subsection commented="no" display-inline="no-display-inline" id="id3A036BB753A94E6EAA7B07D2D9480F63"><enum>(d)</enum><header display-inline="yes-display-inline">African Development Bank</header><text display-inline="yes-display-inline">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:</text>
<quoted-block display-inline="no-display-inline" id="id6DB6966345734D07A9437A3018AA7CCC" style="OLC">
<section commented="no" display-inline="no-display-inline" id="id14BC4141189F4DEF8ABA3D55EEE53894" section-type="subsequent-section"><enum>1344.</enum><header display-inline="yes-display-inline">SIXTH CAPITAL INCREASE</header>
<subsection commented="no" display-inline="no-display-inline" id="idB6913C76BC3A4327B44943D1AF15ACCA"><enum>(a)</enum><header display-inline="yes-display-inline">Subscription Authorized</header>
<paragraph commented="no" display-inline="no-display-inline" id="id2318CF1D98E54FAC8549ECBF6E0D3887"><enum>(1)</enum><text display-inline="yes-display-inline">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.</text>
</paragraph><paragraph commented="no" display-inline="no-display-inline" id="id0C15694A1B1D42668B5D2E935745CAFC"><enum>(2)</enum><text display-inline="yes-display-inline">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.</text>
</paragraph></subsection><subsection commented="no" display-inline="no-display-inline" id="id299C5CB7293D41BB9325A907FF011C7F"><enum>(b)</enum><header display-inline="yes-display-inline">Limitations on Authorization of
Appropriations</header>
<paragraph commented="no" display-inline="no-display-inline" id="id4591F59B41E94A1AAD807A29526C15B2"><enum>(1)</enum><text display-inline="yes-display-inline">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.</text>
</paragraph><paragraph commented="no" display-inline="no-display-inline" id="id3D3F2175FA17482D8E440E27B3E30D6F"><enum>(2)</enum><text display-inline="yes-display-inline">Of the amount authorized to be appropriated
under paragraph (1)—</text>
<subparagraph commented="no" display-inline="no-display-inline" id="id7AC99FAFCA3240C8AEF96F2326E40071"><enum>(A)</enum><text display-inline="yes-display-inline">$259,341,759 shall be for paid in shares of
the Bank; and</text>
</subparagraph><subparagraph commented="no" display-inline="no-display-inline" id="id9615DCFD762C4DC28578FA62EEFE9320"><enum>(B)</enum><text display-inline="yes-display-inline">$4,062,886,462 shall be for callable shares
of the
Bank.</text>
</subparagraph></paragraph></subsection></section><after-quoted-block>.</after-quoted-block></quoted-block>
</subsection><subsection commented="no" display-inline="no-display-inline" id="idACEBE92A98BA4CC298305CA2FABE801C"><enum>(e)</enum><header display-inline="yes-display-inline">European Bank for Reconstruction and
Development</header><text display-inline="yes-display-inline">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:</text>
<quoted-block display-inline="no-display-inline" id="id9A7DAF5A3FD844C58B2D7144EE4903FC" style="appropriations">
<paragraph commented="no" display-inline="no-display-inline" id="idEA601200EEF243108E08A6E9650CFC44"><enum>(12)</enum><header display-inline="yes-display-inline">Capital Increase</header>
<subparagraph commented="no" display-inline="no-display-inline" id="idE23F555A005D4E22A53EBEEB777E8EB1"><enum>(A)</enum><header display-inline="yes-display-inline">Subscription Authorized</header>
<clause commented="no" display-inline="no-display-inline" id="id30EE45C34F7B4F6B92B3DF881675848D"><enum>(i)</enum><text display-inline="yes-display-inline">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.</text>
</clause><clause commented="no" display-inline="no-display-inline" id="id3CDFC6A1E12C4ACB9FA87678EDB6963D"><enum>(ii)</enum><text display-inline="yes-display-inline">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.</text>
</clause></subparagraph><subparagraph commented="no" display-inline="no-display-inline" id="idADE3988F98C74A50AADAB9D9F5B2FB12"><enum>(B)</enum><header display-inline="yes-display-inline">Limitations on Authorization of
Appropriations</header><text display-inline="yes-display-inline">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.</text>
</subparagraph></paragraph><after-quoted-block>.</after-quoted-block></quoted-block>
</subsection></section><appropriations-small id="idDA67FCBAF0C64923B5E7CEB51BA19678"><header>reforms
related to GENERAL CAPITAL INCREASES</header>
</appropriations-small><section id="id627EF8A060774F8CBBB3BD282D1A9C7B"><enum>7082.</enum><subsection commented="no" display-inline="yes-display-inline" id="id323C4E60F97143168C635B4888BD59BD"><enum>(a)</enum><header>Reforms</header><text display-inline="yes-display-inline">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—</text>
<paragraph id="id6C3D2DA2588B4A3E96052BFDBAF3B837"><enum>(1)</enum><text display-inline="yes-display-inline">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;</text>
</paragraph><paragraph id="id5E91D6563FB745DE9A2A72C66081FB5C"><enum>(2)</enum><text display-inline="yes-display-inline">implementing specific reform commitments
agreed to by the IDB in Resolution AG–7/10 <quote>Report on the Ninth General
Capital Increase in the resources of the Inter-American Development
Bank</quote> as approved by the Governors on July 12, 2010, including transfers
of at least $200,000,000 annually to a grant facility for Haiti;</text>
</paragraph><paragraph id="id58FBBFD5C2C64528868CBD20BD8EF96D"><enum>(3)</enum><text display-inline="yes-display-inline">implementing procurement guidelines that
maximize international competitive bidding in accordance with sound procurement
practices, including transparency, competition, and cost-effective results for
borrowers;</text>
</paragraph><paragraph id="id44A68451C12045ADA59BE284B8016625"><enum>(4)</enum><text display-inline="yes-display-inline">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;</text>
</paragraph><paragraph id="id08FBC80E231F40E5A11327C10F9DAA45"><enum>(5)</enum><text display-inline="yes-display-inline">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;</text>
</paragraph><paragraph id="id7A62259220D2407FB046DAD78E1DEB96"><enum>(6)</enum><text display-inline="yes-display-inline">making publicly available external and
internal performance and financial audits of such institution’s projects on the
institution’s Web site;</text>
</paragraph><paragraph id="id8132B88D199D4C76963BEB0CA7A03ECF"><enum>(7)</enum><text display-inline="yes-display-inline">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</text>
</paragraph><paragraph id="idA07B304DD9DA400AA5F07383FEE0686A"><enum>(8)</enum><text display-inline="yes-display-inline">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—</text>
<subparagraph id="id0D06B15D5C5541A2BABCDD2881A1B1F1"><enum>(A)</enum><text display-inline="yes-display-inline">requiring that higher-risk subprojects
comply with the relevant Performance Standard requirements; and</text>
</subparagraph><subparagraph id="idDB8E6963CFF340F6869A42FA4649B47E"><enum>(B)</enum><text display-inline="yes-display-inline">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.</text>
</subparagraph></paragraph></subsection><subsection id="idF49BDB87BB9B4D24B3B60C07F3B290CD"><enum>(b)</enum><header>Report</header><text display-inline="yes-display-inline">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).</text>
</subsection></section><appropriations-small commented="no" id="id5C9CD7B676134811A84CF6CFE468192C"><header display-inline="yes-display-inline">AUTHORITY FOR
REPLENISHMENTS</header>
</appropriations-small><section commented="no" display-inline="no-display-inline" id="id6BB33418E02D454792C8E2D358F3AAD4" section-type="subsequent-section"><enum>7083.</enum><subsection commented="no" display-inline="yes-display-inline" id="id0977C10D706A4BC0BE197C377A3F898F"><enum>(a)</enum><header display-inline="yes-display-inline">International Development
Association</header><text display-inline="yes-display-inline">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:</text>
<quoted-block display-inline="no-display-inline" id="idD0C0805824F94BE99769A1F1684BA191" style="OLC">
<section commented="no" display-inline="no-display-inline" id="id9A87AA934E7642BBB4163A17DC57189E" section-type="subsequent-section"><enum>26.</enum><header display-inline="yes-display-inline">SIXTEENTH REPLENISHMENT</header>
<subsection commented="no" display-inline="no-display-inline" id="id6B64D90DBFD140A4A1B7A62871295A4C"><enum>(a)</enum><text display-inline="yes-display-inline">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.</text>
</subsection><subsection commented="no" display-inline="no-display-inline" id="id314B7F5400BF4CA7BAE24F439A5589C7"><enum>(b)</enum><text display-inline="yes-display-inline">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.</text>
</subsection></section><section commented="no" display-inline="no-display-inline" id="idF914578DF3DA4526BB4EAC5E506ED41D" section-type="subsequent-section"><enum>27.</enum><header display-inline="yes-display-inline">Multilateral Debt Relief</header>
<subsection commented="no" display-inline="no-display-inline" id="id9C537ECFA8634A56881F28DAFEACFD3F"><enum>(a)</enum><text display-inline="yes-display-inline">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.</text>
</subsection><subsection commented="no" display-inline="no-display-inline" id="idFE1512DD2E644B618B8AAA076CDA0B49"><enum>(b)</enum><text display-inline="yes-display-inline">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.</text>
</subsection><subsection commented="no" display-inline="no-display-inline" id="idABFE9823CD0C44D2BD857A5CCD46F98A"><enum>(c)</enum><text display-inline="yes-display-inline">In this section, the term
<term>Multilateral Debt Relief Initiative</term> means the proposal set out in
the G8 Finance Ministers' Communiqué entitled <quote>Conclusions on
Development</quote>, done at London, June 11, 2005, and reaffirmed by G8 Heads
of State at the Gleneagles Summit on July 8,
2005.</text>
</subsection></section><after-quoted-block>.</after-quoted-block></quoted-block>
</subsection><subsection commented="no" display-inline="no-display-inline" id="id66689F04BC8B4E4B90813C764AA9AF80"><enum>(b)</enum><header display-inline="yes-display-inline">African Development Bank</header><text display-inline="yes-display-inline">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:</text>
<quoted-block display-inline="no-display-inline" id="idF808E6A99E994B14992C2154C152A5D3" style="OLC">
<section commented="no" display-inline="no-display-inline" id="idE732078B8D534B54A3BCF04EE7785227" section-type="subsequent-section"><enum>221.</enum><header display-inline="yes-display-inline">Twelfth Replenishment</header>
<subsection commented="no" display-inline="no-display-inline" id="idEAE732345FA14EDA9FC0501618F14236"><enum>(a)</enum><text display-inline="yes-display-inline">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.</text>
</subsection><subsection commented="no" display-inline="no-display-inline" id="idF7906BD0D13E4C9EB0BF2C2442508110"><enum>(b)</enum><text display-inline="yes-display-inline">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.</text>
</subsection></section><section commented="no" display-inline="no-display-inline" id="id7ADAF7887A644BE2B0DD79649D27B69C" section-type="subsequent-section"><enum>222.</enum><header display-inline="yes-display-inline">Multilateral Debt Relief</header>
<subsection commented="no" display-inline="no-display-inline" id="idBAF6FB21499F459A92D933E73C172913"><enum>(a)</enum><text display-inline="yes-display-inline">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.</text>
</subsection><subsection commented="no" display-inline="no-display-inline" id="idFA98848DFDA0485F9BF592D3D3449940"><enum>(b)</enum><text display-inline="yes-display-inline">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.</text>
</subsection><subsection commented="no" display-inline="no-display-inline" id="idC848CCF8BA244DDE9B1F1C1048DE5BC6"><enum>(c)</enum><text display-inline="yes-display-inline">In this section, the term
<term>Multilateral Debt Relief Initiative</term> means the proposal set out in
the G8 Finance Ministers' Communiqué entitled <quote>Conclusions on
Development</quote>, done at London, June 11, 2005, and reaffirmed by G8 Heads
of State at the Gleneagles Summit on July 8,
2005.</text>
</subsection></section><after-quoted-block>.</after-quoted-block></quoted-block>
</subsection></section><appropriations-small commented="no" id="idE05510377D074EB6B55E7902D507976D"><header display-inline="yes-display-inline">AUTHORITY FOR THE FUND FOR SPECIAL
OPERATIONS</header>
</appropriations-small><section commented="no" display-inline="no-display-inline" id="id7CE5B9C038D34B819C69C953F1649C1C" section-type="subsequent-section"><enum>7084.</enum><text display-inline="yes-display-inline">Up to $36,000,000 of funds appropriated for
the account <quote>Department of the Treasury, Debt Restructuring</quote> 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.</text>
<appropriations-small id="id74EC3B58F108404B8182EE7D80245B01"><header>UNITED NATIONS POPULATION
FUND</header>
</appropriations-small></section><section id="idD550B1AD2B14436484629431571316FE"><enum>7085.</enum><subsection commented="no" display-inline="yes-display-inline" id="id5489CCBFD1BD47EDBFB40FA1E81ED2C9"><enum>(a)</enum><header>Contribution</header><text>Of
the funds made available under the heading <quote>International Organizations
and Programs</quote> in this Act for fiscal year 2012, $35,000,000 shall be
made available for the United Nations Population Fund (UNFPA).</text>
</subsection><subsection id="id69171ED77E4D41DDA1166D18A12C7A8A"><enum>(b)</enum><header>Availability of
funds</header><text display-inline="yes-display-inline">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.</text>
</subsection><subsection id="id6A02232EB7CE43D28DD0AB791103875A"><enum>(c)</enum><header>Prohibition on
use of funds in China</header><text display-inline="yes-display-inline">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.</text>
</subsection><subsection id="id684CF107770543F6BDE06C7828DEC24E"><enum>(d)</enum><header>Conditions on
availability of funds</header><text display-inline="yes-display-inline">Funds
made available by this Act for UNFPA may not be made available unless—</text>
<paragraph id="id6EAB11E5B8EC4FF083BD0BAC044A8855"><enum>(1)</enum><text display-inline="yes-display-inline">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</text>
</paragraph><paragraph id="id3F807E4F852941E69C4A9909137D6AF0"><enum>(2)</enum><text display-inline="yes-display-inline">UNFPA does not fund abortions.</text>
</paragraph></subsection><subsection id="id16D6B6C2F5A84178B7A607694B060437"><enum>(e)</enum><header>Report to
Congress and Dollar-for-Dollar Withholding of Funds</header>
<paragraph id="id0BC33D1B397A47168CD87A0CF8F3D3EA"><enum>(1)</enum><text display-inline="yes-display-inline">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.</text>
</paragraph><paragraph id="id405F7E1E128A4813B2C7F4FA09D4BAEB"><enum>(2)</enum><text display-inline="yes-display-inline">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.</text>
</paragraph></subsection></section><appropriations-small id="H5F97C5F573304380921F8D22CCD751B1"><header>limitations</header>
</appropriations-small><section id="idDBDEAA73BF1247ED955AAE1C6014D392"><enum>7086.</enum><subsection commented="no" display-inline="yes-display-inline" id="id1CAF8EED9CBE4F7495119145EFB0F26F"><enum>(a)</enum><paragraph commented="no" display-inline="yes-display-inline" id="id8A32BB39538747D3B40C62FF5B613119"><enum>(1)</enum><text display-inline="yes-display-inline">None of the funds appropriated under the
heading <quote>Economic Support Fund</quote> 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.</text>
</paragraph><paragraph id="idEA0D4B21A7C4450BBB1876E4557CB1FD" indent="up1"><enum>(2)</enum><text display-inline="yes-display-inline">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.</text>
</paragraph></subsection><subsection id="id792C4BE7DF9A40EDBA9985FB1C50A3A6"><enum>(b)</enum><paragraph commented="no" display-inline="yes-display-inline" id="id110CE6652BCA4A419DFF86FBFACD6268"><enum>(1)</enum><text display-inline="yes-display-inline">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.</text>
</paragraph><paragraph id="id61C50F1ED41C42A88FA232199AB9AACC" indent="up1"><enum>(2)</enum><text display-inline="yes-display-inline">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: <italic>Provided</italic>, 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.</text>
</paragraph><paragraph id="idDE7EA4205AEA462C90AF01B4888FF43C" indent="up1"><enum>(3)</enum><text display-inline="yes-display-inline">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.</text>
</paragraph></subsection></section><appropriations-small id="H5F97C5F573304380921F8D22CCD761B1"><header> Use of funds in contravention
of this act</header>
</appropriations-small><section commented="no" display-inline="no-display-inline" id="H38BEFEC3F50B43BBA157DD60CD15CD90" section-type="subsequent-section"><enum>7087.</enum><text display-inline="yes-display-inline">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.<pagebreak></pagebreak></text>
</section><enum>VIII</enum><header display-inline="no-display-inline">Overseas contingency operations</header>
<appropriations-major id="id1182C605969040E7B9E0765D26841CB2"><header>GLOBAL WAR ON
TERRORISM</header>
</appropriations-major><appropriations-major commented="no" id="id11477924DF1E47639F21126BE5F63C25"><header display-inline="yes-display-inline">DEPARTMENT OF
STATE</header>
</appropriations-major><appropriations-intermediate commented="no" id="id8F959334E6BF4BB9AB4D3626B2B2E994"><header display-inline="yes-display-inline">Administration of foreign affairs
</header>
</appropriations-intermediate><appropriations-small commented="no" id="idBA28DE388EAA4262A80A0D093236C722"><header display-inline="yes-display-inline">DIPLOMATIC AND CONSULAR
PROGRAMS</header>
</appropriations-small><appropriations-small commented="no" id="id7912015767764B1398C6AE91B11E9B18"><header display-inline="yes-display-inline">(including transfer of
funds)</header>
</appropriations-small><appropriations-small commented="no" id="idF422020F1A734F45A7092E2E65EC13E9"><text display-inline="no-display-inline">For an additional amount for
<quote>Diplomatic and Consular Programs</quote>, $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:
<proviso><italic>Provided</italic>,</proviso> 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:
<proviso><italic> Provided further,</italic></proviso> 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.</text>
</appropriations-small><appropriations-small id="id645BD2C5803C494A9009DC9A557F8FC8"><header>CONFLICT
STABILIZATION OPERATIONS</header>
</appropriations-small><appropriations-small commented="no" id="id5D15B26A60464054A11183FEDF588A09"><text display-inline="no-display-inline">For an additional amount for “Conflict
Stabilization Operations”, $8,500,000, to remain available until expended:
<proviso><italic>Provided</italic></proviso>, 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.</text>
</appropriations-small><appropriations-small commented="no" id="id50343CD1ABC54BEF861B7C85A8228F6A"><header display-inline="yes-display-inline">OFFICE OF INSPECTOR GENERAL</header><text display-inline="no-display-inline">For an additional amount for <quote>Office
of Inspector General</quote>, $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:
<proviso><italic>Provided</italic></proviso>, 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.</text>
</appropriations-small><appropriations-small commented="no" id="idFE4F3961960849E4A8E67E96846BA296"><header>EDUCATIONAL AND CULTURAL
EXCHANGE PROGRAMS</header><text display-inline="no-display-inline">For an
additional amount for <quote>Educational and Cultural Exchange
Programs</quote>, as authorized, $15,600,000, to remain available until
expended:
<proviso><italic>Provided</italic></proviso>, 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.</text>
</appropriations-small><appropriations-small id="idE1031DB47E4D48BFB943A0EAAEC541BD"><header>EMBASSY
SECURITY, CONSTRUCTION, AND MAINTENANCE</header><text display-inline="no-display-inline">For an additional amount for “Embassy
Security, Construction, and Maintenance”, $33,000,000, to remain available
until expended:
<proviso><italic>Provided</italic>,</proviso> 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.</text>
</appropriations-small><appropriations-intermediate id="id10D341A515594289A23D534D3673AD94"><header>International Organizations
</header>
</appropriations-intermediate><appropriations-small commented="no" id="id5F87D70936544D1CA76D988461CB931E"><header>CONTRIBUTIONS TO INTERNATIONAL
ORGANIZATIONS</header><text display-inline="no-display-inline">For an
additional amount for <quote>Contributions to International
Organizations</quote>, $101,300,000:
<proviso><italic>Provided</italic></proviso>, 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.</text>
</appropriations-small><appropriations-major commented="no" id="id3C67179CFEA74108BC2151587920C8C4"><header>RELATED
AGENCY</header>
</appropriations-major><appropriations-intermediate commented="no" id="id24AD835AA91842B189CEBECFB9F20A5B"><header>Broadcasting Board of
Governors</header>
</appropriations-intermediate><appropriations-small commented="no" id="id9EE6DE7C6AC24F49BDFC17604B467293"><header>INTERNATIONAL BROADCASTING
OPERATIONS</header><text display-inline="no-display-inline">For an additional
amount for <quote>International Broadcasting Operations</quote>, $4,400,000:
<proviso><italic>Provided</italic></proviso>, 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.</text>
</appropriations-small><appropriations-intermediate id="idC58F17728A8946D1B8A2A903A2CD32BE"><header>Related
Programs</header>
</appropriations-intermediate><appropriations-small commented="no" id="id48B992B7127D4393A2DBC8A81AD9A99F"><header display-inline="yes-display-inline">UNITED STATES INSTITUTE OF
PEACE</header><text display-inline="no-display-inline">For an additional amount
for <quote>United States Institute of Peace</quote>, $8,411,000, to remain
available until September 30, 2013:
<proviso><italic>Provided</italic></proviso>, 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.</text>
</appropriations-small><appropriations-major commented="no" id="idDB5E2D43191E4F749EE0E7C77ED7F66F"><header display-inline="yes-display-inline">UNITED STATES AGENCY FOR INTERNATIONAL
DEVELOPMENT </header>
</appropriations-major><appropriations-intermediate commented="no" id="id99E6EAA9D35C4669A319CE720A790BE1"><header display-inline="yes-display-inline">Funds appropriated to the
President</header>
</appropriations-intermediate><appropriations-small commented="no" id="idBA295A51237F41BC9EE50AC5C7B74382"><header display-inline="yes-display-inline">OPERATING EXPENSES</header><text display-inline="no-display-inline">For an additional amount for
<quote>Operating Expenses</quote>, $255,000,000, to remain available until
September 30, 2013:
<proviso><italic>Provided</italic></proviso>, 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.</text>
</appropriations-small><appropriations-small commented="no" id="id1528793A139842CDA9A167A37E6A91C8"><header display-inline="yes-display-inline">OFFICE OF INSPECTOR GENERAL</header><text display-inline="no-display-inline">For an additional amount for <quote>Office
of Inspector General</quote>, $4,500,000, to remain available until September
30, 2013:
<proviso><italic>Provided</italic></proviso>, 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.</text>
</appropriations-small><appropriations-major commented="no" id="idE0E478F03D9040B0806B08F2AB03731B"><header display-inline="yes-display-inline">BILATERAL ECONOMIC
ASSISTANCE</header>
</appropriations-major><appropriations-intermediate commented="no" id="idC1104ABD63754D6C81102A7A541A795B"><header display-inline="yes-display-inline">Funds appropriated to the
President</header>
</appropriations-intermediate><appropriations-small commented="no" id="idE7929698DA524121BB35F2B9F483A71A"><header display-inline="yes-display-inline">INTERNATIONAL DISASTER
ASSISTANCE</header><text display-inline="no-display-inline">For an additional
amount for <quote>International Disaster Assistance</quote>, $150,000,000, to
remain available until September 30, 2013:
<proviso><italic>Provided</italic></proviso>, 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.</text>
</appropriations-small><appropriations-small commented="no" id="id7223B7386BD2463581E018B0425C30F8"><header display-inline="yes-display-inline">TRANSITION INITIATIVES</header><text display-inline="no-display-inline">For an additional amount for
<quote>Transition Initiatives</quote>, $6,554,000, to remain available until
September 30, 2013:
<proviso><italic>Provided</italic></proviso>, 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.</text>
</appropriations-small><appropriations-small commented="no" id="idC1EAC29529134984A6249573EF6E668A"><header display-inline="yes-display-inline">COMPLEX CRISES FUND</header><text display-inline="no-display-inline">For an additional amount for <quote>Complex
Crises Fund</quote>, $30,000,000, to remain available until September 30, 2013:
<proviso><italic>Provided</italic></proviso>, 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.</text>
</appropriations-small><appropriations-small commented="no" id="id8C495A7AAC064323B333DE2B507786E1"><header display-inline="yes-display-inline">ECONOMIC SUPPORT FUND</header><text display-inline="no-display-inline">For an additional amount for <quote>Economic
Support Fund</quote>, $2,761,462,000, to remain available until September 30,
2013:
<proviso><italic>Provided</italic></proviso>, 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.</text>
</appropriations-small><appropriations-intermediate id="idA08F1A7B0AE540319815F838AE4B7520"><header>Department of
State</header>
</appropriations-intermediate><appropriations-small commented="no" id="id00454DE052924B5B879789417B598965"><header display-inline="yes-display-inline">MIGRATION AND REFUGEE assistance
</header><text display-inline="no-display-inline">For an additional amount for
<quote>Migration and Refugee Assistance</quote>, $229,000,000, to remain
available until September 30, 2013:
<proviso><italic>Provided</italic></proviso>, 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.</text>
</appropriations-small><appropriations-intermediate commented="no" id="id93502C187ED74CB68A62D4A06BCD2851"><header>Department of the
Treasury</header>
</appropriations-intermediate><appropriations-small commented="no" id="id9E9588B4DAED489F988FA0DCAD37CB21"><header>International Affairs Technical
Assistance</header><text display-inline="no-display-inline">For an additional
amount for <quote>International Affairs Technical Assistance</quote>,
$1,552,000, to remain available until September 30, 2013, which shall be
available notwithstanding any other provision of law:
<proviso><italic>Provided</italic></proviso>, 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.</text>
</appropriations-small><appropriations-major commented="no" id="id2DDEC83BF6ED42559ADB18C5AAB947CA"><header display-inline="yes-display-inline">INTERNATIONAL SECURITY
ASSISTANCE</header>
</appropriations-major><appropriations-intermediate commented="no" id="id668DEC0DDC024B0EBD3F4E83C824C5DB"><header display-inline="yes-display-inline">Department of
State</header>
</appropriations-intermediate><appropriations-small commented="no" id="id905F2A1F505A4E988B4B34E26711C143"><header display-inline="yes-display-inline">INTERNATIONAL NARCOTICS CONTROL AND LAW
ENFORCEMENT</header><text display-inline="no-display-inline">For an additional
amount for <quote>International Narcotics Control and Law Enforcement</quote>,
$983,605,000, to remain available until September 30, 2013:
<proviso><italic>Provided</italic></proviso>, 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.</text>
</appropriations-small><appropriations-small commented="no" id="idFE9D50C3A780452CBF51A2F08E96F282"><header display-inline="yes-display-inline">NONPROLIFERATION, ANTI-TERRORISM, DEMINING
AND RELATED PROGRAMS</header><text display-inline="no-display-inline">For an
additional amount for <quote>Nonproliferation, Anti-terrorism, Demining and
Related Programs</quote>, $120,657,000, to remain available until September 30,
2013:
<proviso><italic>Provided</italic></proviso>, 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.</text>
</appropriations-small><appropriations-small commented="no" id="id9E40AC9A1D1E4022B274213DA0FD13DF"><header display-inline="yes-display-inline">PEACEKEEPING OPERATIONS</header><text display-inline="no-display-inline">For an additional amount for
<quote>Peacekeeping Operations</quote>, $81,000,000, to remain available until
September 30, 2013:
<proviso><italic>Provided</italic></proviso>, 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.</text>
</appropriations-small><appropriations-intermediate id="idF073CCB975D34C8881528734B77126A5"><header>Funds Appropriated to the
President</header>
</appropriations-intermediate><appropriations-small commented="no" id="id5F63CC3CEF1942BFA4CC98CEB7EDC8B2"><header display-inline="yes-display-inline">FOREIGN MILITARY FINANCING
PROGRAM</header><text display-inline="no-display-inline">For an additional
amount for <quote>Foreign Military Financing Program</quote>, $1,102,000,000,
to remain available until September 30, 2013:
<proviso><italic>Provided</italic></proviso>, 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.</text>
</appropriations-small><appropriations-small commented="no" id="id5A17639771D7445AADC47D554F9C9160"><header display-inline="yes-display-inline">PAKISTAN COUNTERINSURGENCY CAPABILITY
FUND</header>
</appropriations-small><appropriations-small commented="no" id="idAA6C7641AA0F48A582BA678395F3837F"><header display-inline="yes-display-inline">(including transfer of
funds)</header>
</appropriations-small><appropriations-small commented="no" id="idFB6CE2DDB9ED40AC9AE6B0F93F30DCDA"><text display-inline="yes-display-inline">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:
<proviso><italic>Provided</italic></proviso>, 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:
<proviso><italic> Provided further,</italic></proviso> 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:
<proviso><italic>Provided further,</italic></proviso> 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:
<proviso><italic>Provided further,</italic></proviso> 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:
<proviso><italic>Provided further</italic></proviso>, 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:
<proviso><italic>Provided further,</italic></proviso> That any required
notification or report may be submitted in classified form:
<proviso><italic> Provided further,</italic></proviso> 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.</text>
</appropriations-small><appropriations-major id="H1C27B1E0D38B4EEFBA1F47CA9A2F0374"><header>GENERAL
PROVISIONS</header>
</appropriations-major><section id="HFCF84E041C8D4F2DA97F6FD08CB3C29D"><enum>8001.</enum><text display-inline="yes-display-inline">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.</text>
</section><section commented="no" display-inline="no-display-inline" id="HD37BA713B56A414180DF177BC999BE13" section-type="subsequent-section"><enum>8002.</enum><text display-inline="yes-display-inline">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.</text>
</section><section commented="no" display-inline="no-display-inline" id="id835606F6E1E4455C89A8E4CFC9135316" section-type="subsequent-section"><enum>8003.</enum><text display-inline="yes-display-inline">Funds appropriated by this title under the
headings “International Disaster Assistance”, “Transition Initiatives”,
“Complex Crises Fund”, “Economic Support Fund”, <quote>Migration and Refugee
Assistance</quote>, “International Narcotics Control and Law Enforcement”,
<quote>Nonproliferation, Anti-terrorism, Demining, and Related
Programs</quote>, “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:
<proviso><italic>Provided</italic></proviso>, That such transfers
shall be subject to the regular notification procedures of the Committees on
Appropriations:
<proviso><italic> Provided further,</italic></proviso> 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.</text>
</section><section id="id28019FBE9D36443D827DE1DC2086BBA8"><enum>8004.</enum><text display-inline="yes-display-inline">If authorized during fiscal year 2012,
there shall be established in the Treasury of the United States the
<quote>Global Security Contingency Fund</quote> (the Fund):
<proviso><italic>Provided</italic></proviso>, 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:
<proviso><italic> Provided further,</italic></proviso> 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:
<proviso><italic> Provided further,</italic></proviso> 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:
<proviso><italic> Provided further,</italic></proviso> 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.</text>
</section><section commented="no" display-inline="no-display-inline" id="H01A9D067666E4EC9BEC9EDF27501906F" section-type="undesignated-section"><text display-inline="yes-display-inline">This division may be cited as the
<quote><short-title>Department of State, Foreign
Operations, and Related Programs Appropriations Act,
2012</short-title></quote>.</text>
</section>